HomeMy WebLinkAbout07-05-1988
9 AGENDA
CITY OF DINI'ON CI1Y COUNCIL
July S, 1988
{ Work Session of the City of Denton City Council on Tuesday,
} July 5, 1988, at 5:3U p.m, in the Civil Defense Roum of City
Hall at which the following items will be considered;
Note: Any item listed on the Agenda for the Work Session may
3 also be considered as part of the Agenda for the
Regular Meeting.
5:30 P.M.
Council - Manager discussion of major issues relative
1.
to the 1938-89 tudget.
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2. Executive Session:
A. Legal Natters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Discusr County vs. City and Maverick vs.
I City, i
b, keal Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/board Appointments Under Sec. 2(g),
f Art 6252-17 V.A.T.S.
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1. Denton representative to the Regional
transportation Council.
2. Cunsider appointments to all City of Denton
Boards and Commissions.
6:30 P.M.
Joint meeting, of the Denton City Council a:a the Public f
Utilities board on Tuesday, July 5, 1988, at 6:30 p.m. In the
Civil Defense koom of City liall at which the following item
will be considered:
1. Hold a discussion regarding the Denton County Regional
Water/Wastewater Study Master Plan.
Regular Meeting of the City of Denton City Council on Tuesday,
July 5, 19680 at 7:00 p.m, in the Council Chambers of City Hall
at which the following items will be considered:
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City of Lenton City Council Agenda
July S, 1988
Page 2
7:00 P.M.
1. Presentation of the Government Finance officer's
Association award for distinguished budget
presentation.
2. Consider approval of the minutes for the regular
meeting of June 7, 1988 and June 21, 1988.
3. Public Hearings
A. Consider an ordinance amending the parking
regulations of Article 1S of Appendix B-Zoning of
the Code of Ordinances of the City of Denton, ii
Texas, to provide for regulations for compact
iy parking spaces; repealing Appendix Illustrations
No. 13 and 13A of Appendix B-Zoning; providing
for a maximum penalty of $2,U00 for violations
thereof; and providing for an effective date.
(The Planning and Zoning Commission recommends
approval,)
1. Consider adoption of an ordinance amending
the parking regulations of Article 1S of
Appendix B-Zoning of the Code of Ordinances
of the City of Denton, Texas.
B. Consider petition of Vera T. Gershner requesting
a variance of Article 4.03 of the City of Denton
Subdivision and Land Cevelopment Regulations at
2312 Stonegate. This property is further
described as Lot 4, Block B, in The Ridge of
Southridge Addition. Article 4.03 requires the
maximum residential driveway approach to be 20
feet, The petitioner is requesting a 38 foot
driveway approach to a garage fronting on
Hollyhill Drive. V-45 (1he Planning and Zoning
Commission recommenW approval.)
4, Consent Agenda
Each of these items is recommended by the Staff and
i approval thereof will be strictly on the basis of the Staff
F, recommondations, Approval of the Consent Agenda authorizes the
E City Manager or his designee to implement each item in
i accordance with the Staff recommendations,
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City of Denton City Council Agenda
July S, lb8b
Page 3
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 S.A, 5.B). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance.
A. Bids and Purchase Orders:
1, bid #9874 - Wire & Cable
2. Bid 49872 - Electronic Pulse Recording System
3. P.O. 084937 - Arrow Industries
4, P.U. 084943 - Freese 6 Nichols
B. Plats and Replats
1. Consider approval of preliminary plat of the
Frank Borman Elementary School Addition, Lot
1, Block A. (The Planning and Zoning
Commission rtcimmends approval.)
j 2. Consider approval of prel!:rinary and final
replat of Lots 20 3, 5, 10 8, 9, 10, Ill 12,
13, and 149 to Lots 2, 3A, 3B9 51 79 8A, 6B,
8C, 9A, 9B, 109 110 12, 13, and 14A, Section
One; and Lots 15, 16, 19, and 20 to Lots
14B, 15, 16, 19 and 20, Section Two, of the
Solar Way Addition. (The Planning and
Zoning Commission recommends approval.)
C. Tax Refund
E 1. Consider aoval of a tax refund to Fleet
Mortgage -141,051,94,
. Ordinances
A. Consider adoption of an ordinance accepting
11 competitive bids and providing for the award of
i contracts for the purchase of materials,
j equipment, supplies or services.
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City of Denton City Council Agenda
July 5, 1988
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8. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services In
f accordance with the provisions of state law
exempting such purchases from requirements of
competitive bids.
C. Consider adoption of an ordinance authorizing the
execution of a contract between the City of
Denton and the United States Army Corps of
Engineers for access and site activities on tLe
hydropower project at Lewisville Lake, The
Public Utilities board recommends rpproval.)
D. Consider adoption of an ordinance authorizing the
Mayor of the City of Denton, Texas, to execute a
mutual use agreement between the City of Denton
and the City of Lewisville for an 800mz trunked
communication system.
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E. Consider adoption of an ordinance authorizing the
Mayor of the City of Denton, Texas to execute a
` mutual use agreement between the City of Denton
and the City of Carrollton for an 800mz trunked
communication system.
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F. Consider adoption of an ordinance authorizing the
conveyance of a tract of land consisting of
approximately 2907 square feet to Theron Gerald
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tract of nider, Jr. and accepting the conveyance of a
land c lhe5niGerald Snipder 1 Jr ely 2905
square feet from
6. Resolutions
A. Consider approval of a resolution accepting the
Water and Wastewater Study Regional Master Plan
for Denton County.
8. Consider approval of a resolution authorizing the
Mayor to execute a security agreement on behalf
of Mbank relating to the lease between the City
and First Financial Resources, Inc. (The Airport
Advisory Hoard recommends approval).
C. Consider approval of a resolution accepting the
Capital Improvement Plan proposed by the Planning
and Zoning Commission.
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i City of Lenton City Council Agenda
July 5, 1988
Page S
7. Consider a motion authorizing the City Manager to
reallocate unutilized CDBG Administrative and 1986
Morse Street funds to the Housing Rehabilitation
Program, The Cc:imunity Development Block Grant
` Committee recommends approvel.)
I` 8. Miscellaneous matters from the City Manager
A. Consideration of a motion to confirm an
appointment to the Civil Service Commission for a
term to expire in 1990. f
9. Ufficial Action on Executive Session Items:
A. Legal Matters I
B. Real Estate
M~ C. Personnel
D. Board Appointments
10. New Business:
This Item provides a section for Council Members to
suggest items for future agendas.
t 11. Executive Session:
` A. Legal Matters Under Sec. 2(e), Art. 6252-17
fI V.A.T.S.
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B, Real Estate Unde: Sec. 2(f), Art. 6251-17
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
bulletin b d at the Ci Hall of the Clty of Den car, Texas,
on the day of , 1989 at C o'clock
(a.m.) .m.
29420 SECRETARY
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AGENDA
CITY OF DENTON CITY COUNCIL
July 5, 1988
Work Session of the City of Denton City Council on Tuesday,
July S, 1988, at 5:30 p.m. in the Civil Defense Room of City
Hail at which the following items will be considered:
Note: aAny lso item
be considered the Agenda
part of ththe e Agenda for e
Regular Meeting.
5:30 P.M.
1, Council - Manager discussion of major issues relative
to the 1988-89 budget.
Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Dis(uss County vs. City and Maverick vs.
City,
B. Real Estate Under Sec, 2(f Art. 6252-17
Y.A.T'.S.
C. Personnel/Board Appointments Under Sec. 1(g),
Art 6252.17 V.A.T.S.
1. Denton representative to the Regional
Transportation Council.
2. Consider appointments to all City of Denton
Boards and Commissions. I
i 6:30 P.M.
Joint meeting of the Denton City Council and the Public
Utilities board on Tuesday, July S, 1988, at 6:30 p.m. in the
Civil Defense Room of City Hall at which the following item
will be considered:
1. Hold a discussion regarding the Denton County Regional
Water/Wastewater Study Master Plan.
j
Regular Meeting of the City of Denton City Council on Tuesday,
July 5, 1x88, at 7:00 p.m. in the Council Chambers of City Hall
at which the following items will be considered:
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City of Denton City Council Agenda
July S, 1988
Page 2
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7:00 p.m,
1. Presentation of the Government Finance Officer's
Association award for distinguished budget
presentation.
2. Consider approval of the minutes for the regular
meeting of June 7, 198? a.d June 21, 1:88.
k 3. Public Hearings
A. Consider an ordinance amending the parking
{ regulations of Article 1S of Appendix b-Zoning of
I the Code of Ordinances of the City of Denton,
Texas, to provide for regulations for compact
r, I arking spaces; repealing Appendix Illustrations
Ko. 13 and 13A of Appe.dix B-Zoning; providing
for a maximum penalty of $20000 for violations
thereof; and providing for an effective date.
(The Planning and Zoning Commission recommends
approval.)
1. Consider adoption of an ordinance amending
the parking regulations of Article 1S of
Appendix B-Zoning of the Code of Ordinances
of the City of Denton, Texas.
B. Consider petition of Vera T. Gershner requesting
a variance of Article 4.03 of the City of Denton
Subdivision and Land Development Regulations at
2312 Stonegate. This property is further
described as Lot 40 Block B, in The Ridge of
Southridge Addition, Article 4.03 requires the
maximum residential driveway approach to be 20
feet. The petitioner is requesting a 38 foot
driveway approach to a garage fronting on
HoIIyhI11 Drive. V-45, (1he Planning and Zoning
COmmisSinn recommends -approval.)
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4. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basJs of the Staff
recommendations, Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item In
accordance witl the Staff recommendations.
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City of Dentoa City Council Agenda
July 5, 1988
Page 3
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 .ie
ordinances (Agenda items S.A, 5.B). 'this listing lr provi,ed
on the Consent Agenda to allow Council Members to discuss any
item p;ior to approval of the ordinance.
A. Bids and Purchase Orders:
1. hid #9874 - Wire 6 Cable
c^ 2. bid 09871 - Electronic Pulse Recording System
3. P.O. 084937 - Arrow Industries
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4. P.U. #84943 - Freese & Nichols
B, Plats and Replats
1. Consider approval of preliminary plat of the
Frank Borman Elementary School Addition, Lot
1, Block A, (The Planning and Zoning
Commission recommends approval.)
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2. Consider approval of preliminary and final
replat of Lots 2, 3, 5, 7, 80 9, 10, 110 121
13, and 14, to Lots 2, 3A, 3B, 51 79 8A, 8B,
8C, 9A, 9B, 10 11, 12, 13, and 11A, Section
One; and Lots I5, 16, 19, and 20 to !ots
1489 15, 16, 19 and 20, Section Two, of the
Solar Way Addition. (The Planning and
Zoning Commission recommends approval.)
C. Tax Refund
1. Consider ap roval of a tax refund to Fleet
Mortgage, 1,051.94.
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5. 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.
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City of Denton City Council Agenda
July S, 1988
Page 4
6. Consider adoption of an ordinance providing for
j 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.
C. Cunsider adoption of an ordinance authorizing the
execution of a contract between the City of
Denton and the United States Army Corps of
Engineers for access and site activities ;n tl.s
1 hydropower project at Lewisville Lake. (The
Public Utilities Board recommends approval.)
E D. Consider adoption of an ordinance authorizing the
J Mayor of the City of Denton, Texas, to execute a
mutual use agreement between the City of Denton
and '.he City of Lewisville for an 800mz trunked
communication system.
E. Mayor Considir adoption of an ordin4iice authorizing the
mutual use agreement between the City of Denton
and the City of Carrollton for an 800mz trunked
communication system.
F. Consider kdoption of an ordinance authorizing the
conveyance of a tract of land consisting of
approximately 2907 square feet to Theron Gerald
Suider, Jr, and accepting the conveyance of a
tract of land consisting of approximately 2905
square feet fron Theron Gerald Snider, Jr.
6. Resolutions
A. Consider approval of a resolution accepting the
Water and Wastewater Study Regional Matter Plan
for Denton County.
Ir B. Consider approval of a resolution authorizing the
Mayor to execute a security agreement on behalf
of Mbank relating to the lease between the City
and First Financial Resources, Inc. (The Airport
Advisory Board recommends approval).
C. Consider approval of a resolution accepting the
Capital Improvement Plan proposed by the Planning
and Zoning Commission.
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City of benton City Council Agenda
July 5, 1988
Page 5
7. Consider a motion authorizing the City Manager to
reallocate unutilized CLBG Administrative and 1986
Morse Street funds to the Housing Rehabilitation
Program. ('lie Community Pevelooment Block Grant
Committee recommenus approval.)
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8. Miscellaneous mailers from the City Manager
` A. Consid ration of a motion to confirm an
rl appointment to the Civil Service Commission for a
term to expire in 1990.
f ' 9. official Action on Executive Session Items:
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1 A. Legal Matters
I B. Real Estate
C. Personnel
1). Board Appointments
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10. New business:
'This item provides a section for Council Members to
suggest items for future agendas.
11. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B, kcal Estate Under Sec. 2(f), Art. 6252.17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-11 V.A.T.S.
C E R 7 I F I C A 7 E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of
` w (a.m.) p, m, 1983 at r~ o'clock
2942C C17Y SECRE Akl
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f C1rYof DtNTON, TtXA! Ml1N101PAL SUIL01NO / DENTON, TEXAS 7E20 f / TEI EPHONE (817) Se0•8_ so7
OHlca of the 01y fddn8 jor
I M E M O R A N D U M
TO: Mayor and Members of the City council
FROM: Jennifer Walters, City Secretary
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DATE: July 1, 1988
SUBJECT: Back-up for Agenda Item M 1 - 5:30 p.m.
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Rack-up fcr this item is beic.g presented under separate cover.
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5:30
REGIONAL TRANSPORTATION COUNCIL
WHAT IS THE REGIONAL TRANSPORTATION COUNCIL?
The Regional Transportation Council is the single policy group for multimodal
planning in the region. As such, its duties are to assist federal, state, and
local governmental agencies by providing policy guidance to the planning
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process, veviewing and approving the transportation plan, and promoting its
implementation.
Z The Regional Transportation Council is the transportation policy body for the
Metropolitan Planning Organization (MPO) in conformance with the requirements
of the Federal-Aid Highway Act of 1973 (Public Law 93-87). NCTCOG Is the MPO
designated by the Governor and serves as the planning staff to the Regional
Transportation Council, Under PL 93-87, states are required to designate a
Metropolitan Planning Organization In each urbanized area for the purpose of
carrying out the urban transportation planning process. Funds for the planning
process are provided by the Federal Highway Administration (FHWA), the Urban
Mass Transportation Administration (UMTA), and the Federal Aviation
Administration (FAA), along with the local matching funds, and are channeled to
the MPO. Budgeting of these funds is accomplished in the annual Unified
Planning Work Program, which is developed by the NCTCOG and local government
staff personnel and approved by the Regional Transportation Council end the
NCTCOG Executive Board.
WHAT GEOGRAPHIC AREA IS REPRESENTED
Federal planning monies for carrying out the urban transportation planning
process have been limited to only the urbanized area, This area, known as the
Intensive Study Area, Includes dll of Dallas and Tarrant "cunties and parts of
the seven contiguous counties of Denton, Collin, Rockwall, Kaufman, Ellis,
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Johnson, and Parker, The Regional Transportation Councii is designed to
represent the interests of this area, which is shown 1n Figure 1.
~ WHAT 1S THE ORGANIZATIONAL STRUCTURE FOR THIS PROCESS?
The organizatior,ai structure for transportation planning in the North Central
~ Texas Region was originally developed in 1973 by the State Department of
Highways and Pubiic Transportation and the total governments and was amended in
~ 1478, A chart of khe present structure is shown in Figure 2,
The Highxay Technical Committee is appointed by the cities, counties, and
agencies represented on the Regional Transportation Council to review the
highway planning process and provide technical support to the Council,
I The Put+11c Trans ortati '
~ p on Technical Committee is appointed by the Executive
Board of NCTCOG and includes professional staff personnel from local
governments represented on the Council, representatives of public
` i transportation and taxicab operators, prfveta transit operators, and interested
i citizens.
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The Air Transportation Technical Advlsary Cam~mlttee 1s appointed by the
Executive Board of NCTCOG for technical and potfcy direction in the development
o! the Airport System Plan for the region,
' These three technical committees provide for a cooperative and coordinated
approach to the planning process through participation 1n and review of ail
Planning efforts accomplished by the Department of Transport.~tlon and Energy of
NCTCOG, Their recommendations regarding these study efforts are presented to
the Regional Transportation Council,
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FIGURE 1
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INTENSIVE STUDY AREA
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we 02
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1 DENTON GOWN
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TARRANT ALLA8 1 r
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s`wowirwns :ww marwww ww uaiwww A~+~~ rawaa~Ar,
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FIGURE 2
ORGANIZATIONAL STRUCTURE
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REGIONAL TRANSPORTATION COUNCIL
Dallas County 2
1 Tarrant County 2
w r Collin County i
Denton County 1
i City of Dallas 4
i City of Fort Worth 2
City of Arlington 1
City of Carrollton 1
City of Denton 1
City of Garland 1
City of Grand Prairie 1
City of Irving 1
City of Mesquite i
City of Maio
City of Richardson 1
District Engineer, District 2, SDHPT I
District Engineer, District 18, SDHPT I
Representative, Eastern Subregion
Transportation Authority 1
Representative, Western Subregion
Transportation Authority 1
TOTAL 25
Public Transportation Air Transportation Highway Technical
Technical Committee Technical Advisory Committee
Committee
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3
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WHAT IS THE ROLE OF NCTCOG'S PROFESSIONAL STAFF?
NCTCOG's Department of Transportation and Energy provide staff support to the
Regional Transportation Council. The Director of Transportation and Energy for
` NCTCOG is responsible within the MAO for coordinating all work efforts funded k
1r` under the Unified Planning Work Program in order to meet all certification
f requirements and maintain federal funding eligibility for local projects.
HOW IS THE PLANNING AND IMPLEMENTATION PROCESS DELINEATED?
The work to be accomplished in carrying out the urban transportation planning
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process from year to year is described in the annual Unified Planning Work
Program which is developed by NCTCOG with the assistance of local government
` staff personnel, transit operators, and the State Department of Highways and
` Public Transportation. This document, which is submitted to the U.S.
Department of Transportation each August, includes a list of planning projects,
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a budget, and the funding source for each project.
Also prepared on an annual basis is the Transportation Improvement Program for
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! the area, which lists all highway, public transportation, and airport projects
proposed for implementation in the near future. The Highway section is
prepared by the State Department of Highways and Public Transportation working
with the Highway Technical Committee, The Transit section is prepared by the
NCTCOG Transportation and Energy Department working with staff members of the
Cities of Dallas and Fort Worth, who are responsible for crllecting the annual
requests for public transportation projects for all ci'a es in the urbanized
areas.
Following approval of these lists by the various technical committees, they are
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reviewed by the NCTCOG Government Applications Review Committee and submitted
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for approval to the NCTCOG Executive Board. The TIP is then submitted for
consideration and final approval by the Regional Transportation Council.
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` WHAT TYPES OF PLANNING ARE DIRECTED BY THE COUNCIL?
While the charge of the Regional Transportaticn Council is to provide policy
direction to the multimodal transportation planning process, legislation
enacted in recent years has broadened the scope of both the Regional
Transportation Council and the Metropolitan Planning Organization. Thus, in
I addition to the work to be accomplished on overall transportation plan
i development and implementation, other major work efforts fall under the purview ;
of the Council. They include tasks related to air quality, energy I
conservation, mobility evaluation, transportation system management, and
alternatives analysis;
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CffV 01 DENTON, TEXAS MUNICIPAL CUMDINO / DENTON, TEXAS 78.01 / TELEPHONE (8f 7) 668.8907
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Office of the Clt7 Manager
M E M O R A N D U M
To:
Mayor and Members of the City Council
j` FROM: Jennifer Walters, City Secretary
j DATE: July 1, 1988
SUBJECT: Back-up for Agenda Item #1 - 6:30 p.m.
Back-up materials were submitted for this item under separate cover.
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1 CITY OF DENTON CITY COUNCIL MINUTES
June 7, 1988
The Council convened into the Work Session at 5:30 p.m. In the
Civil Defense Room.
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PRESENT: Mayor Stephens; Council Members Alexander, Ayer,
I Boyd, Gorton and McAdams,
ABSENT: Mayor Pro Tem Hopkins.
1. The Council held a discussion of 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 if ordinances to provide for new and amended regulations
and equirements for streets, driveways, parking lots, and
sidewalks; and repealing Articles 4.17 and 4.18 of Appendix A.
(The Planning and Zoning Commission recommended a
' PProval.)
City Manager Harrell stated that there were two items left to
consider concerning this proposed ordinance. Those items were
curb cuts and pavers in parking lots.
Cecile Carson, Urban Planner, presented options for wording for
the two items which staff and council discussed. The formal
ordinance would be presented at the next regular Council
meeting for formal adoption.
2. The council held a regarding a
landscaping/tree preservation ordinance. proposed
City Manager Harrell stated that the Chamber of commerce had
returned with proposed language which would allow for slightly
different language for distribution centers. Planning and
Zoning would consider the item at its meeting of June 8, 1986
and a public hearing was scheduled for the June 21, 1988
Council meeting.
Frank Robbins, Executive Director of Planning, proposed that
the tree preservation portion of the ordinance be effective
immediately and the landscape portion of the ordinance bo
effective 90 days after passage,
3, The Council did not meet in Executive Session after
f the Work Session.
The Council then convened into a Joint Work Session at 6:00
p•m. with the Planning and Zoning commission and the Public
Utilities Board in the Council Chambers.
CITY COUNCIL PRESENT: Mayor Stephens; Council Members
111 Alexander, Ayer, Boyd, Gorton and
McAdams.
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City of Denton City Council Minutes
June 7, 1988
Page 2
CITY COUNCIL ABSENT: Mayor Pro Tem Hopkins.
PLANNING S ZONING
PRESENT: Chairman Claiborne; Commissioners
Brock. Glasscock, Holt, and Kamman.
PLANNING 6 ZONING
ABSENT: Commissioners Cole and Kiker.
PUBLIC UTILITIES
BOARD PRESENT: Chairman Laney; Members Chew, Frady,
LaForte, and Thompson.
PUBLIC UTILITIES E
BOARD ABSENT: None
1. The council held a discussion regarding the
recommended Five Year Capital improvement Plan.
Bill Claiborne, Chairman - Planning and Zoning Commission,
stated that he would be presenting the non-utility items of the
proposed capital improvement Plan. He stated that they had
received input from various groups in the City. Claiborne
presented the proposed projects for the non-utility section.
(See Exhibits A-E).
Jerry Clack, City Engineer, stated that the item in the back-up
materials for drainage was to be for Avenue F, not Avenue E.
Roland Laney, Chairman - Public Utilities Board, presented the
utility portion of the proposed Capital Improvement Program.
He presented the major projects in the Program. ( See Exhibits
F-G)
City Manager Harrell stated that the Program would be placed on
the next Council meeting for approval.
The Council then convened into the regular meeting at 7:00 p.m.
In the Council Chambers.
It PRESENT: Mayor Stephens; Council Members Alexander, Ayer,
Boyd, Gorton and McAdams,
ABSENT: Mayor Pro Tem Hopkins.
The Mayor presented the following iLoclamttions:
A. Parky Pup - City of Dentin Parks and Recreation
Department
B. Big Brothers and Sisters Day
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City of Denton City Council Minutes
June 7, 1988
Page 3
1• The Council considered approval of the minutes of the
regular meeting of May 3, 1988, the special called meeting of
i May 30, 1988, the regular meeting of May 17, 1988, and the work
session of may 24, 1988.
Gorton motion, Mc,`dams second to approve the minutes as
presented. Motion c,%rried unanimously.
2• Public Hearings
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A. The Council considered a petition of Burger
i Street, Inc. requesting approval of a detailed plan and planned
development (PD) district for 0.294 acres. Tract A consistQd
of 0.071 acres and was zoned comme.cial (C); Tract B consisted
of 0.223 acres and was zoned plannei development (PD-6). The
property was located approximately 130 feet northwest of the
intersection of Loop 288 and I-3SE service road and was shown
in the John W. McGowan Survey, Abstract No. 797. If the
detailed plan and planned development district were approved,
the property could be used for a restaurant. 2-1855. (The
Planning and zoning commission recommendep approval.)
The Mayor opened the public hearing.
No one spoke in favor of the petition.
Dan Patterson, Operations Director - Colter's Bar-B-0, spoke in
opposition. He stated that the access road was very narrow oif
of I3SE and it was very difficult to make a right-hand turn
' into that area. The businesses in that area included Wendy's,
arandyls, Colter'@, Payless Shoes, and Lon John
Silvers, area had an access off of the main entrance and a smallaccess
area heading toward the mall. He stated that the restaurant
would have a very limited, narrow entrance off a mayor highway
y with at least 75♦ of its business being drive-through
if customers. This would create a very serious traffic problem.
Ron Reinke, Owner/Manager - Wendy1s, stated that he was
concerned relative to the access to the property during peak
hours and what it would mean to the already existing traffic
congestion. He stated that there already existed extreme
congestion during peak periods, A business that would be at
t least 75% drive-through would only add more to that congestion.
Council Member Boyd askcd Reinke if it was his understanding
that retail establishments would be placed on those pads when
his business was established.
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Reinke replied that he had been told that there was a five year
delay on both pads and that they would
could not get them developed. pave the areas if they
Boyd asked if it would make a difference if the business was
` something other than a restaurant.
II
Reinke stated that he was not trying to limit competition and
the restaurant was not the issue. The sole dependence on
vehicles was his concern and aggravation of the already
critical traffic problem. Even a sit-down restaurant would not
cause as great a problem.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that the
portion of PD-6 as well as commercial zoning. A majoryc ncern
was the access to the property ' of the property. The Engineering dDethe partment lhadoreviewed the
proposal and felt that the traffic flow shown was the best
design passible under the conditions. The Planning and Zoning
Commission did recommend approval of the request with a 5-2
vote, one commissioner was concerned about the congestion of
uses in the area.
Council discussed the traffic patterns in the area. Concern
was expressed for congestion of traffic and the adding of more
traffic congestion to the area.
Carson stated that the internal circulation of traffic was a
responsibility of the Mall.
Council Member Gorton stated that in the minutes from the
Planning and Zoning Commission that the seating capacity of the
restaurant was 36-45 individuals with outside seating
available. With the proposed layout of the parking lot along
with the drive in and out, there was no safe way to get in the
building. Individuals would have to cross the traffic pattern
to get into the building.
The following ordinance was considered;
AN ORDINANCE APPROVING A DETAILED PLAN AND PLANNED
DEVELOPMENT (PD) DISTRICT FOR 0,294 ACRES LOCATED
APPROXIMATELY 130 FEET NORTHWEST OF THE INTERSECTION
OF LOOP 288 AND I-35B SERVICE ROAD.
McAdams motion, Alexander second for denial. On roll vote.
McAdams gays," Alexander 'lays," Gorton "aye," Ayer "aye," Boyd
"aye," and Mayor Stephens "aye," Motion for denial carried
unanimously.
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June 7, 1988
Page 5
Item MS.F. was moved ahead in the agenda order.
5, Resolutions
F. The Council considered approval of a resolution
prroad ior to oBonnie aurae on
temporarily closing ththe3exit service
~ Bonnie Bras excluding k July 4, 1988 for the Kiwanis fireworks display.
j
The following resolution was considered:
j RESOLUTION NO. R89-039
A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E
FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO
ITS INTERSECTION WITH BONNIE BRAE ON JULY 4, 1988: AND
PROVIDING AN EFFECTIV. DATE.
Boyd motion. Ayer second to approve the r solo i'o Aye On'aroll
vote, McAdams "aye." Alexander aye. r e'
Boyd "aye." and Mayor Stephens "aye," Motion carried
unanimously.
r 1 The council returned to the regular agenda order.
2, public Hearings
B. The council considered a petition of City of
Denton requesting establishment of the Agricultural (A) zoning
district on 51.3085 acres loalong cated in EthelrJ. Clayton Survey#
River. The property McB Abstract 2211 J. Lamas Survey, Abstract 754; 4 propecty. maycibe
Survey, Abstract 804. If app
utilized for any purpose allowed in the Agricultural (A) zoning
district. 2-88-001. (The Planning and Zoning Commis
recommended approval.)
The Mayor'opened the public hearing.
Wo one spoke in favor.
No one spoke in opposition.
as The Mayor closed the public hearing,
Cecile Carson, Urban Planner. stated that this was tract of
land 100' in width whi^h was annexed by the City of Denton on
(A) zoning since it
Match 1,
and owaan aeg undevel pable tract of r
followed the Trinity Staff
land.
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June 7, 1986
Page 6 it
The following ordinance was considered: r
` NO. 88-092
` AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF i
A AS AN APPX
DENTON. TEXAS, AS
THE CODE OF ORDINANCES E OF wASTHEO CITY OF DENTONEN TEXAS
BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP 111
APPLIES TO 51.3 ACRES OF LAND LOCATED ALONG THE ELM
FORK OF THE TRINITY RIVER AND BEING PART OF THE J.
CLAYTON SURVEY, ABSTRACT 221, THE J. LAMAR SURVEY,
3 ABSTRACT 754, AND THE M. 14CBRIDE SURVEY, ABSTRACT 804,
TO PROVIDE
AS IS MORE PARTICULARLY DEDISTRICT SCRIBED CHEREIN; LASSIFICATION AND k
FOR AN AGRICULTURAL "A"
USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM
UNTING FOR , EFFECTIVERDATE OLATIONS THEREOF; AND
AMOOUNT OF $2000-00 VI
Alexander motion, Gorton second to adopt the ordinance. on
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Bo,•d "aye,", and Mayor Stephens "aye." Motion carried
unanimou.ly.
C. The Council considered a petition of Duninick
Brothers, Inc, requesting a Specific Use Permit for a temporary
batch plant and construction site in an Agricultural (A)
4 district. The property was approximately 15.234 acres located
i at the northwest corner of Rector Road and 1-35 North service
road and was described as part of the B. Burleson Survey,
h Abstract No. 65, and the J. Ayers
I Z-88-007. (The Planning a
approval.)
The Mayor opened the public hearing.
Dick Kelsey, attorney for He statedcthatrDuninick Brothers had
its
' history of the property.
prowas pertyoutside that CtimellraThe
leased the property while the still
and theca was no zoning on
property had been leased for a temporary period of three and a
halt years. At the end of the lease, the property would be
restored to an agriculture condition except toe a storage
building which would remain, some time after ah platted.City
be
became concerned and asked that the property
was determined after discussion with City start and others,
that because it was a temporary lease, it was probably not
subjected to the e it the owner plat theppropertyrandinotethe,tenant platrtheired that
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Page 7
property. The owner was not willing to plat the property so no
formal platting had been done. An informal plat, at the city's
request, had been filed showing the dimensions, design, etc.
Shortly after the platting matter was being discussed, the City
decided that for control purposes, the property would be
annexed. At that time Duninick Brothers was already using the
property and had been using the property as a construction site
long before the annexation. The property was annexed and as a
rosult, was scheduled for zoning as (A) Agricultural. Duninick
Brothers did not oppose that type of zoning. A specific use
the batch
only reason operation the
for permit was the being I35 requested pro ject. for That was concrete
N property was being used. Duninick Brothers had no intent to
purchase the property. Conditions for the permit included
restoring the land to agricultural, no vehicular access on the
southern portion of the property from Rector Road - the only
access to the property was from the access road which belonged
to the State, screening and weed control was provided as asked
for.
Council Member Ayer asked it the subsequent annexation and
zoning procedure had any effect on the original provisions of
the lease contract,
Kelsey replied probably not. Duninick Brothers was obligated,
under the terms of the lease, to follow the laws and ordinances
of the C; V of Denton.
Council Member Alexander stated that some of the original
discussion involved both an asphalt and concrete plant. That
was no longer the case,
Kelsey replied that the asphalt plant had been reviewed by the
Texas Air Quality Board which asked Duninick Brothers to
withdraw the permit application which they did,
Mayor Stephens asked if Duninick Brothers owned the concrete
trucks at the house north of the mexican restaurant,
Kelsey replied no.
Willis Duninick, President of Duninick Brothers, Inc, spoke in
favor of the petition, He stated that the duration of the
pro)ect as established by the State of Texas was 42 months.
The concrete batch plant was going to be there for a great deal
of the time but would not be operating for a groat deal of that
time. Operationally, the plant would be in operation for
approximately 24 weeks. The actual operation time of the plant
was shorter than the job itself,
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Elsbeth Crawford spoke in opposition. She stated that there
were three major factors that had not been addressed. On the
north part of the property, not belonging to the property was a
watershed going into Clear Creek. A holding tank had been dug
there and the tank was leaking into clear Creek. If it rained,
the pollutants would go into Clear Creek. Rector Road and the
overpass was a part of the school bus route with the gate to
the property being opposite the ramp. The bus had to come down
Rector Road, make the curve, and turn again in front of their
road. When it rained, the trucks carried mud out to the road
very Road.
slippery.
and mud hid practically vaividece e median the on Rector
Trucks did not obey the stop sign at that location. The dust
from the plant was so bad that a handicapped individual living
4 next to the plant was not able to leave his home. Sanger had
offered a free alternate site but the site was not accepted.
Dwight Crawford recalled a recommendation from the Planning and
Zoning Commission after Duninick Brothers had leased the
property and was using the property for equipment storage, that
the property owners request the City of Denton for annexation
so the City would have control over the property. The property
was annexed. Now the City was giving permission for Duninick
Brothers to place a concrete plant on the property. When the
property was annexed there was no concrete plant, no asphalt
plant, only a construction site. He opposed the proposal.
Mr. Kelsey was allowed a five minute rebuttal.
Kelsey stated that the State authorities encouraged them to get
as close to the project as possible. The Sanger property was
not suitable for their needs. They had followed every
regulatory thing that the law required them to do. With
regards to the retention pond, the purpose was to retain
organic
had
had eve, mentioned he eprobl m lbefore. in No h complaints and
been received from the School District and the drivers not
observing the otop sign were not employees of Duninick
Brothers. Finally, no complaints had been received from the
handicapped neljhbor.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, reviewed the history of the
property. When the property was first brought to staffs
attention, it was in the ETJ of the City of Denton, In June
1987, a preliminary platt was submitted to the Planning
Department and in July the Planning and Zoning Commission
denied a request for a variance to perimeter street
and
final improvements
plat t of toe Rector Road and Rector subdivision pr Based t on conversations
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June 7, 1988
Page 9
with the Planning and Zoning Commission, the city council and
City staff, it was determined that the platting action would
not proceed it the property was annexed and zoned
appropriately. At that time a building was being erected
during the processing of the platt which the City asked not to
proceed with but it was constructed. A maintenance yard was
added to the site after that. In October of 1987 when the
property was annexed, it had a maintenance yard and a storage
building on the site. The Texas Air Control Board considered
and denied an asphalt batch plant request. The concrete plant
request was approved. Planning and Zoning had placed certain
conditions on the specific use permit which included removal of
the completed plant and aunsolid screening atdevthe ice tbee inthe stalled eon the
property.
Mayor Stephens asked what controls would have been available it
the City had not annexed the property.
Carson replied that there would not be any governmental
controls available.
Stephens stated that there would not have been any provisions
for not using Rector Road, no provisions for erecting
screening, no provisions for restoration of land, and no
particular time limit for removal of the plant other than the
one noted in the lease agreement.
Carson stated that the Mayor was correct.
Mayor Stephens asked that if the specific use permit were
approved, what type of traffic controls could be imposed.
Carson stated that staff had discussed the possibility of
requiring pavement inside which might include speed bumps but
there was a concern of trying to return the property to an
agricultural condition.
City Manager Harrell stated in regard to the addition of
conditions to try and regulate traffic leaving the site, A stop
sign might be appropriate but had some hesitation with a
condition for an obligation of speed bumps due the liability
exposure for the City.
Council Member McAdams stated that she canted to make sure the
same conditions were imposed on developers in the City limits
as were imposed on developers in the E:TJ.
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Page 10
A discussion ensued between the Council Members and Mr. Kelsey
and Mr. Duninick regarding the technicalities for speed bumps,
where to place a stop sign relative to the speed bump, and the
use of speed bumps.
The following ordinance was considered:
NO. 88-093
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A
SPECIFIC USE PERMIT FOR A TEMPORARY BATCH PLANT AND
CONSTRUCTION SITE, AS SAID PERMIT APPLIES TO 15.2
E ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF RECTOR ROAD AND THE SERVICE ROAD OF
I-35, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
A PENALTY IN THE MAXIMUM AMOUNT OF 42,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Alexander motion, McAdama second to approve the ordinance with
the conditions suggested by the Planning and Zoning commission.
Gorton motion, Boyd second to amend Section 2, Number 5 to read
"that a stop sign and speed bumps shall be installed within
threo feet of the property line to control the speed of agrees
traffic". On roll vote, McAdams "nay," Alexander "nay," Gorton
"aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye."
Motion failed on a 3-3 tie.
Council then voted on the main motion. On roll vote, McAdams
"aye," Alexander "aye," Gorton "aye," Ayer 'faye," Boyd "nay,"
and Mayor Stephens "nay." Motion carried with a 4-2 vote.
D. The Council considered a petition of BM-J
Properties requesting a variance of Article 4.04 of the City of
Denton Subdivision and Land Development Regulations on a 1.997
acre tract located between West Hickory Street and Stella
Street at Avenue F. This property was further described as a
tract in the Eugene Puchalski Survey, Abstract 996. Article
4.04 required that developers install sidewalks on one side of
all thoroughfares and collector streets adjoining a
subdivision. A sidewalk was required along the south side of
Hickory Street. V-43. (The Planning and Zoning Commission
recommended denial.)
The Mayor opened the public hearing,
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
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June 7, 198a
Page 11
Cecile Carson, Urban Planner, stated that this was a request
for a variance of the Subdiviaon Regulations concerning a
sidewalk located along Hickory Street. The property was a
I proposed replat of the existing configuration into one lot. 1
I Planning and Zoning reviewed the variance procedure and I
recommrnded denial with a 5-0 vote. Two of the three variance
conditions were violated which included the condition that the
variance would not violate the Master Plan and the variance was `
unique to the situation. `i
McAdams motion, Ayer second to deny the request. On coil vote,
McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd
4 "aye," and Mayor Stephens "aye." Motion carried unanimously.
Item NS.E. was moved ahead in the agenda order.
i. Resolutions
E. The Council considered approval of a resolution
temporarily closing Park Lane on June 11, 1988 for a block
party.
.1
The following resolution was considered.,
RESOLUTION NO. R88-038
A RESOLUTION TEMPORARILY CLOSING PARK LANE, FROM ITS
INTERSECTION WITH SIMMONS STREET TO ITS INTERSECTION
~i WITH HILL STREET, ON JUNE 11, 1988; AND PROVIDING AN
EFFECTIVE DATE.
Boyd motion, McAdams second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer 41 aye,,,
Boyd "aye," and Mayor Stephens "aye.11 Motion carried
unanimously,
Item N6.B. wan moved ahead in the agenda order.
' 6. Tabled items
B. The Council considered removal from the table a
l resolution authorizing the City to submit to the Department of
F Housing and Urban Development s Final Statement of Objectives
and Projected Use of Funds.
McAdams motion, Gorton second to removo the item from the
table. On roll vote, McAdaa,s "aye," Alexander "aye," Gorton
"aye,,, Ayer "aye, 11 Boyd "aye," and Mayor Stephens "aye.,,
Motion carried unanimously.
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City of Denton City COLncil Minutes
June 7, 1988
Page 12
l The following resolution was considered:
11
R89-040
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACTS OF 1974, AS
AMENDED: AND PROVIDING FOR AN EFFECTIVE DATE.
I Barbara Ross, Community Development Coordinator, stated that 4
the resolution woulJ approve submittal to HUD the final
statement of objectives and projected use of funds approved by
the Community Development Block Grant Committee, Those uses
included the following funding allocations: $369,804 - housing
rehabiliti,tion, $15,000 - demolition and lot clearance, $8,000
- irrigation system for the Martin Luther King, Jr, Center,
$10,40 - Martin Luther King, Jr. Center landscaping, $26,550 -
English as a Second Language Classes, $21,212 - Educational
Assistance Program, $3,000 - Phoenix Apartment Sidewalks,
$100,000 - Administration.
Council Member Gorton expressed his concern regarding the ESL
and educational Assistance Programs. He hoped that the two
groups understood that the funding was not guaranteed over a
broad period of years.
Ayer motion, McAdams second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye.,' Motion carried
unanimously,
The Council returned to the regular agenda order,
3. Consent Agenda
A. Bids and Purchase Orders:
1. Bid #9865 - Two Man Aerial Device
` B. Tax Refund
r ' 1. Considered approval of a tax refund for
f` Elwood Reber - $599.58
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Page 13
C. Plats and Replats
1. Considered approval of preliminary plat of
the Arby's Addition, Lot 1, Block A. (The I
Planning and 'coning commission recommended
approval.) '
2. Considered approval of preliminary and final
replat of Lots 10 and 11 to Lot 11R, Block
H, of the Forrestridge Addition, Section
III. (The Planning and Zoning Commission
recommended approval.)
P McAdams motion, Gorton second 1.0 approve the Consent Agenda as
presented. Motion carried unanimously.
4. Ordinances
A. The Council considered adoption of an ordinance
accepting contracts for competitive the pu chase sofamaterials. quipmenth supplies or
services.
The following ordinance teas considered:
NO. 88-094
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.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered adoption of an ordinance
amending Article I of Chapter 17 of the Code of Ordinances of
the City of Denton, Texas ("Plumbing Code") by amending Section
17-2 (a)(16) of Chapter 17; repealing all ordinances in
conflict herewith and providing for a penalty not to exceed
$2,000.00. (The Plumbing and Mechanical Board recommended
approval).
The following ordinance was considered:
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City of Denton City Council Minutes
June 7, 1988
Page 19
NO. 88-095
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 17 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
("PLUMBING CODE") BY AMENDING SECTION 17-2 (a)(16) OF
CHAPI,~,R 17; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH: PROVIDING FOR A PENALTY NOT TO EXCEED
$2,004.OD: AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion. Alexander second to adopt the ordinance. On
roll vote; MCAiame "aye," Alexander "aye," Gorton "aye," Ayer
"aye" Boyd "ayi," and Mayor Stephens "aye.', Motion carried
unanimously.
C. The Council considered adoption of an ordinance
amending Article III (Peddlers, Solicitors and Itinerant
Venders) of Chapter 20 of the Code of ordinances providing for
the regulation of home solicitations and itinerant merchants.
I
The following ordinance was considered:
NO. 88-096
AN ORDINANCE AMENDING ARTICLE III (PEDDLERS,
SOLICITORS AND ITINERANT VENDORS) OF CHAPTER 20 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR
THE REGULATION OF HOME SOLICITATIONS AND 1TINERAN.
MERCHANTS; PROVIDING DEFINITIONS OF THE TERMS USED IN
THE REGULATIONS; PROVIDING THAT PERMITS ARE REQUIRED
FOR PERSONS ENGAGED IN HOME SOLICITATIONS AND FOR
ITINERANT MERCHANTS WHO WISii TO OFFER GOODS OR
SERVICES FOR SALE; PROVIDING FOR APPEAL PROCEDURES.,
PROVIDING EXEMPTIONS: PROVIDING FOR A MAXIMUM PENALTY
IN THE AMOUNT OF $SO0.0O FOi; VIOLATIONS THEREFOR: AND
DECLARING AN EFFECTIVE DATE.
Gorton motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye. 11 Motion carried
unanimously.
authorizing thee Mayor to co execute d Amendment of n ordinance
agreement of July 16, 1985 between the City and Freese and
Nichols relating to professional engineering services for the
upgrade of the City's water treatment plant. (The Public
Utilities Board recommended approval).
The following ordinance was considered:
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City of Denton City Council Minutes
June 7, 1988
Page 15
NO, 88-097
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT OF JULY le, 1985
BETWEEN THE CITY AND FREESE AND NICHOLS RELATIf"] TO
PROFESSIONAL ENGINEERING SERVICES FOR THE UPGRADE OF
THE CITY'S WATER TREATMENT PLANT; PROVIDING FOR THE
EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that this
was a contract for resident engineering services. The old
contract expired May 1, 1988. The services would be needed
until July 1, 1988.
i
Council Member Ayer asked if this was for services above and
beyond that which was specified in the original contract.
Nelson replied that is was a change in the time frame from that
which was originally contracted for with Freese and Nichols.
McAdams motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and mayor Stephens "aye." Motion carried
unanimously.
E. The Council considered adoption of an ordinance
amending schedules TR, TP, and TO of the schedule of rates foe
electrical service, as adopted by Ordfr..ance No. e7-027, to
provide for a change in peak periods for energy charges. (The
Public Utilities Board recommended approval)
The following ordinance was considered:
NO, 88-098
AN ORDINANCE OF THE CITY OF DENTON AMENDING SCHEDULES
TR, TP, AND TO OF THE SCHEDULE OF RATES FOR ELECTRICAL
SERVICE, AS ADOPTED BY ORDINANCE NO. 87-027, TO
PROVIDE FOR A CHANGE IN PEAK PERIODS FOR ENERGY
CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye." Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the execution of a ,.,ontcact between the City of
Denton and the United States Army Corps of Engineers for design
and construction of non-cost sharable recreation facilities at
` Ray Roberts Lake. (The Public Utilities Board recommended
approval)
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June 7, 1988
page 16
NO, 88-099
AN ORDINANCE HOFIDENTONHAND THETUNITED TATESTAARMY
BETw N
jrN AND ION
CORPS OF A AB EERR CREATIONSFACILITIES AT TRAYTROBERTNON-COST SHARABLE
1PROVIDOING FOR ANEEFFECTIV7URE E DATE FUNDS
LAKE: THE I Bob Nelson, Executive Director
Lake Ray
ecreati n Utilities' I
City Was required to Q the federal government was
Roberts. On most of the recreation. to
rai Daedllas
t
sharing 50% of the costs with the e Cityee was Dthen on req and
picking up the other 50%, arks, The State
provide the ful maintenance and operate the p
l the parks. The
Wildlife Department had :emend to manage
residence aid an equipment
18, etc to
Department required a fc amen s
aiuns t federalu go those share in
facility in both 1The
those facilities. a those costa but
` those coats but the State a~ imburse the City.
require the money first, then
Gorton second to adopt the OrdinanCe. on"apell Ayer t
Ayer motion, "ayes 0 Alexander "aY e
Boyd, McAdams aye andMayor Stephens "aye." Motion carried
unanimously.
G, The Council conaideceforad thelo purchase oof inreal
approving a contract providing
pr herein fthe
b the City of Denton. Texas as described
an
Mrs. Coulter for the acquisition of property
r, , and by
Lake Ray Roberts Dam. (The and zo ang Commission and
the Public Utilities
The following ordinance was considered:
NO. 88-100
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE
DESCRIBED HEREIN PROPERTY ALFRED CGIT COULTER AND GRACE
R THE
AS DE
FOR UF FOR PROPERTY AN
COULTER
CITY'S WATER PLANT. AND PROVIDING EFFECTIVE
DATE.
Bob Nelson, Executive Director f Utilitinees, titteeded ate that wthis
was the next tract of property
plant at Lake Ray Roberts,
Alexander motion, Boyd second to adopt the ordinance. Onaroll
vote, McAdams "aye," Alexander ,aye," Gorton "aye,o Ayer
"
Boyd ,ayes" and Mayor Steyhena
unanimously.
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June 7, 1988
n Page 17
H. The Council considered adoption of an ordinance
authorizing the City Manager to execute a contract providing
for the purchase of real property by the City of Denton. Texas
located adjacent to the Wastewater Treatment Plant. (The
Planning and Zoning Commission and the Public Utilities Board
recommended approval).
The following ordinance was considered:
NO. 88-101
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS
AS DESCRIBED HEREIN FROM D. J. ANDERSON FOR THE
ACQUISITION OF PROPERTY FOR THE CITY'S WASTEWATER
I TREATMENT PLANT: AND PROVIDING FOR AN EFFECTIVE DATE.
r ' Bob Nelson, Executive Director for Utilities, stated that this
property was just north of the wastewater treatment plant. The
I! land was needed for land infection at the site.
Ayer motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
17
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1. The council considered adw,)tion of an ordinance
providing for one-way traffic northbound on the east frontage
road of Interstate Highway 35E, from its intersection with
Mayhill Road to the southern city limits, a distance of
approximately 5,570 feet: and one-way traffic southbound on the
west frontage road of Interstate 35E from its intersection with
State School Road to the southern City limits for a distance of
5,540 feet.
The following ordinance was considered:
NO. 88-102
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR ONE-WAY TRAFFIC NORTHBOUND ON THE EAST FRONTAGE
ROAD OF INTERSTATE HIGHWAY 35-E, FROM ITS INTERSECTION
WITH MAYHILL ROAD TO THE SOUTHERN CITY LIMITS, A
DISTANCE OF APPROXIMATELY 5,750 FEET: ONE-WAY TRAFFIC
SOUTHBOUND ON THE WEST FRONTAGE ROAD OF INTERSTATE
HIGHWAY 35-E FROM ITS INTERSECTION WITH STATE SCHOOL
ROAD TO THE SOUTHERN CITY LIMITS FOR A DISTANCE OF
5,450 FEET; PROVIDING FOR A SEVERABILITY CLAUSE:
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00); AND DECLARING AN EFFECTIVE
DATE.
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City of Denton City Council Minutes
June 7, 1988
Page 18
Rick Svehla, Deputy City Manager, stated that the citizen's
Traffic Support In 1986, the h Highway considered this Issue at
two indicated
that work would be done in the area where the Boeing Plant was
1 now. At that time the City passed a resolution which would keep
IIII the service roads two lane until construction began. In
February, the Commission again reviewed the proposal and
recommended approval.
Alexander motion, Ayer second to adopt the ordinance. On toll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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! 5. Resolutions l
A. The Council considered approval of a resolution
I /
J endorsing the outline of legislative strategy for the Clean Air
F Act as adopted by the North Central Texas Council of
f Governments.
The following resolution was considered:
RESOLUTION NO. R88-034
f A RESOLUTION ENDORSING THE OUTLINE OF LEGISLATIVE
STRATEGY FOR THE CLEAN AIR ACT AS ADOPTED BY THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Alexander motion, Ayer second to approve the resolution. On
toll "aye." vote, Boyd McAdams
"aye." and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered approval of a resolution
authorizing the City Manager Development submit an application
folica io nttforhe
and
Department of Housing
rental rehabilitation project.
The following resolution was considered:
RESOLUTION NO. R88-035
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A GRANT; AND PROVIDING AN EFFECTIVE
DATE.
McAdams motion, Gorton second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Gorton "Aye," Ayor
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
June 7, 1988
Page 19
C. The Council considered approval of a resolution
appointing members to the Low/Moderate Income Housing Task
Force.
The following resolution was considered:
RESOLUTION NO. R88-036
s
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON
CREATING A LOW/MODERATE INCOME HOUSING TASK FORCE TO
FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY
COUNCIL REGARDING SOLUTIONS TO THE PROBLEM OF
OBTAINING AFFORDABLE AND ADEQUATE HOUSING BY
INDIVIDUALS AND FAMILIES WITH LOW TO MODERATE INCOME;
AND DECLARING AN EFFECTIVE DATE.
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Boyd motion, Gorton second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye." Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. Tha Council considered approval of a resolution
appointing members to the Blue Ribbon Task Force for Solid
Waste.
The following resolution was considered:
RESOLUTION NO. R88-037
A RESOLUTION CREATING THE BLUE RIBBON CITIZENS
COMMITTEE FOR SOLID WASTE TO FORMULATE AND PROVIDE
RECONVENDATIONS TO THE CITY COUNCIL RELATIVE TO THE
PROVISION OF SOLID WASTE SERVICES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Ayer motion, Gorton second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye." and Mayor Stephens "aye." Motion carried
unanimously.
E. Item E. was considered earlier in the agenda.
6. Tabled Items
A. An ordinance of the City Council of the City of
Denton, Texas amending Article 10 ("Specific Use Permits") of
Appendix B-Zoning by repealing the time limit for which
construction must begin.
No motion was received to remove this item from the table.
B. Item B. was considered earlier in the agenda.
City of Denton City Council Minutes
June 7, 1988
Page 20
7. Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, briefed the Council on the
following item:
A. GTE filed an update rate schedule with the Public
j Utility Commission asking for an increase in telephone rates.
Originally GTE had filed the case in 1984 with no aci.ion taken
on the case. GTE tried to withdraw the case and file a new
case. Because of objections, GTE did not withdraw the original
case but updated it with a new rate increase. Anticipated
action was in December/early January of next year.
Representatives from TML would continue to monitor the
situation.
8. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
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9. New Business 1
j The following items of New Business were suggested by Council ~
f Members for future agendas:
A. Council Member Gorton questioned businesses such
j as snow cone stands, etc. receiving utility hook-ups in
relation to the itinerant merchant permits.
d B. Council Member Boyd suggested reviewing the 1987
reallocation of 1987 CDBG funds.
C. Council Member McAdams requested the following:
1. More information concerning the
recommendation from the Human Resources Committee for the
reduction of two transportation sections.
2. The Master Plan for the area around the
airport, relative to roads, did not necessarily match what was
being proposed in the Denton Development Guide. The proposed
alignment for a road near the airport went through a flood
plain area and crossed a creek several times.
10. The Council reconvened into the Executive Session to
discuss:
A. Legal Matters Under Sec. 2(e), Art. 6252-L7
V.A.T.S.
1. Held a discussion regarding the City of
Denton vs. Maverick, ilawley vs. the City of
Denton, Rankin vs the City of Denton, and
Anlerson vs. the City of Denton.
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June 7, 1986
Page 21
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.
No official action was taken.
With no further business, the meeting was adjourned at 11:21
p.m.
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RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
(R
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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JUNE 21, 1988
The Council convened into the Work Session at 5:i5 p.m. in the
Civil Vefense Room.
PRESENT: fiayor Stephens; Mayor Pro Tem Hopkins; Council
Mesbets Alexander, Boyd, Gorton and McAdams. !
ABSENT: Council Member Ayer
1, The Council convened into Executive Session to discuss
the following:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
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1. Received an update and hold a discussion
I regarding Maverick vs the City of Denton
2. Discussed County ve. City of Denton.
! ! B. Real Estate Under Sec. 2(f), Art, 6252-17
V.A.T.S.
! C. Personnel/Board Appointments Under Sec. 2(q),
Art 6252-17 V.A.T.S.
1. Held a discussion and considered
appointments to all City of Denton Boards
and commissions.
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2, The Council was to receive a briefing regarding the
9-1-1 Emergency District.
This item was not discussed.
3, The Council was to hold a discussion regarding the
recommended Five Year Capital Improvement Plan.
This item was not discussed during the work session.
The Council then convened into the regular session at 7:00 p.m.
in the Council Chambers.
E PRESENT: F:ayor Stephens, Mayor Pro Tem Hopkins; Council
Members Alexander, Boyd, Gorton and McAdams.
ABSENT: Council Member Ayer
4 Kr. Lee Knox, American Legion Commander - Post 71,
ppre presented
the Mayor and Council a citation of a
displaying the American flag 29 hours ciation for correctly
per day.
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1 City of Denton City Council Minutes
June 21, 1988
Page 2
1. The Council received 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.
John Adami, representing the Kiwanl,:, requested permission to
place a banner across Locust Street.
Gorton motion, Alexander second to approve the request. Motion
carried unanimously.
Item 2. B. was moved ahead in the agenda order.
2. Public Hearings
j B. The Council considered an ordinance amending
Articles 4.01 through and including Article 4.06 of chapter IV
of Articlo 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.
{ (The Planning and zoning commission recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor.
( No one spoke in opposition.
Bill Colman, speaking neither in favor nor opposition, stated
that the ordinance may not be as complete as the Council may
want it to be.
The Mayor closed the publ;r, hearing.
Cecile Carson, Urban Planner, reviewed the provisions of the
ordinance including perimeter r.tteet paving, sidewalks,
driveway/parking lots and collecte~ streets. An adjustment had
been made to the ordinance cos,cerning the requirement of
sidewalks in certain development cases which Carson reviewed.
The following ordinance was considered:
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City of Denton city council Minutes
June 21, 1988
Page 3
NO. 88-103
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
DEVVELOPMENT CODE) OF THE CODE OF ORDINANCES TO PROVIDE
FOR NEN AND AMENDED REGULATIONS AND REQUIREMENTS 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 AMOUN'P OF $500.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, McAdams second to adopt the ordinance. On roll
` vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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' Council returned to the regular agenda order.
A. The ,Council considered a petition of victor
Equipment Company requesting a variance of Article 4.04 of the
;0 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 was further described as a tract in the
E. Puchalski Survey, Abstract No. 996. Article 4.04 required
that developers install sidewalks on one side of all
i thoroughfares and collector streets adjoining a subdivision. A
sidewalk was required along the south side of FM 1515 and the
west side of 1-35W. V-44. (The Planning and Zoning Commission
had no recommendation.)
The Mayor opened the public hearing.
Harold Staling, Victor Equipment representative, withdrew the
request for sidewalk Variance along with a plat which was to
have been considered on the Consent Agenda.
C. The Council considered an ordinance amending the
Code of ordinances to add Appendix C-Tree Preservation,
li Landscape, and Screening Requirements and Regulations. (The
Planning and Zoning commission recommended approval.)
The Mayor opened the public hearing.
Mike Cochran spoke in favor of the petition. He felt that it
was long noeded in Denton.
No one spoke in opposition.
City of Denton City Council Minutes
June 21, 1988
Page 4
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 88-104
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.
,
Frank Robbins, Executive Director for Planning, presented an
overview of the history of the ordinance and a summary of the
contents of the ordinance.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye,".. and Mayor Stephens "aye." Motion carried
unanimously.
Item 04.D. was moved ahead in the agenda order.
4. Ordinances
D. The Council considered adoption of an 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 $3,500,000, and directing the
issuance and publication of Notice of Sale of said bonds.
The following ordinance was considered:
NO. 88-109
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 $3,500,000, AND DIRECTING THE ISSUANCE AND
PUBLICATION OF NOTICE OF SA!,E OF SAID BONDS.
Frank Medanich, First Southwest Company, reviewed the details
of the sale of the bonds.
Mayor Stephens referred to the section of the Code of
Ordinances relating to a non-binding public vote on the sale of
revenue bond issues. He felt the public should not be bypassed
as stated in the Code of Ordinances.
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City of Denton city council minutes
June 21, 1988
Page ti
Medanich replied that the City's bond counsel had tdvised him
that the city was autharixed by Article 2368a to proceed in thn
manner in the issuance of revenue bonds. He also stated that
whe ter theteCOnatitutiona of nthectState a of aTexas, the d lathe ws lin s the
constitution prevailed.
l McAdams motion, Alexander second to adopt the ordinance. On
roil vote. McAdams "aye," Alexander "aye." Hopkins M,aye, 11
Gorton "aye," Boyd "aye," and Mayor Stephens "nay."
carried with a 5-1 vote.
3. Consent Agenda
McAdams motion, Gorton second to approve the Consent Agenda
with the exception of item 3.B.3. which was withdrawn by the
petitioner. Motion carried unanimously.
j Consent Agenda
A. Bids and Purchase Orders.
1. ,Bid #9867 - Asphalt Emulsion S Road Materials
2. Bid #9868 - Radio Controlled Load Snitches
3. Bid #9858 - Woodrow Lane Culvert and Channel
Improvements
ii 4. Bid 09863 - Fiberglass Poles
S. P.O. # 84869 - Poly American - $29,550.
B. Plats and Replats
1. Consider approval of preliminary plat of the
Goldfield Tennis Center Addition, Lots 1 and
2, Block 1. (The Planning and Zoning
Commission recommended approval.)
27A and 27B, replat of
2 part Consider of Lot approval 27 to Lotspreliminary
Brook Estates, Unit Number 2. (The Planning
and Zoning commission recommended approval.)
Withdrawn by 3. Consider approval of preliminary plat of the
Petitioner Victor Addition, Lot 1, Block A. I:he
Planning and Zoning Commission recommended
approval.)
C. Tax Refunds
1 Savings Consider aAssociation/,eorge refund Den
Savi for
$637.62.
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City of Denton City Council Minutes
June 21, 1988
Page 6
4. ordinances
A. The council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
The following ordinance was considered:
NO. 88-105
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.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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{ B. The Founcil considered adoption of an ordinance
accepting competitive bids and providing for tht. award of
contracts for public works or improvements.
-l The following ordinance was considered:
NO. 88-,106
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OP CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdaras "aye," Alexander "ay)," Hopkins "aye," Gorton
"aye," Boyd "aye," aad Mayor Stephens "aye." Motion carried
unanimously.
C. The Council considered 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 o! competitive bids.
The following ordinance was considered:
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City of Denton City Council Minutes
June 21, 1988
Page 7
NO. 88-107
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT.
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
EXEMPTI SUCH PURCHASES
OF STATE
REQUIREMENTS OFWCOMPETITIVEOBIDS: AND PROVIDING FORRAN
EFFECTIVE DATE.
McAdams motion, Gorton second to adopt the ordinance. On coil
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously. E
D. Item D. was considered earlier in the agenda,
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E. The Council considered adoption of an ordinance
approving Deloitte Haskins ant Sells to begin an audit of the
fiscal year ending September 30, 1988.
1 The following ordinance was considered:
NO. 88-109
f 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, 1988, AND PROVIDING AN EFFECTIVE
DATE.
John McGrane, Executive Director for Finance, stated that the
City had a three year agreement with Deloitte, Haskins, and
the ding September 30, 1988.
laudit of the City as fiscal year e n
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
F. The Council considered adoption of 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 schedule9 R-1,
R-2, GS and 01 and making 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
recommended approval).
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Jnne 21, 1988
Page 8
NO. 88-110
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
01; MAKING AVAILABLE A CREDIT TO THE ELECTRIC UTILITY
I BILLS OF THOSE PERSONS WFO CONTRACT WITH THE CITY OF
DENTON FOR SUCH BERATE AND DECLARING AN EFFECTIVE DATE.
Jeff Meyer, Energy Management Administrator, stated that this
was a mayor residential load management program. The program
was a voluntary program for homeowners in which a device would
be attached to their air conditioner. When the load capacity
reached a certain point, the air conditioner would shut off for
a maximum of one hour.
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vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
d. The Council considered adoption of an ordinance
exercising the option to extend the contract of Heard, Goggan,
Blair, and Williams for one year beginning July 1, 1988 through
June 30, 1989, for the collection of all delinquent taxes,
The following ordinance was considered:
NO. 88-111
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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.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
5. Resolutions
A. The Council did not consider approval of a
resolution appointing a member to the Board of Managers of the
DENCO Area 9-1-1 District.
6. The Council considered an appointment to the Blue
Ribbon citizens committee for Solid Waste.
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city of Denton city council minutes
June 21, 1988
~ Page 9
Alexander motion, McAdams second nominate Linda Kobler to the
Blue Robbon Citizens Committee for Solid Waste. Motion carried
unanimously.
7. Miscellaneous matters from the city manager
Lloyd Harrell, City Manager presented the following items:
A. Reviewed the May budget recap
B. Reminded Council of a letter from Judge Vic
Burgess regarding a meeting June 30, 1988 at 7:30 p.m. on the
2499 issue. The meeting was to be held in the Commissioners
Court.
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C. Provided public recognition of the Planning
staff, the Beautification Committee members, the Planning and
Zoning members and all those who worked on the tree
I preservation and subdivision ordinances for all their hard work
on two such worthy projects.
8. The following action was taken on Executive Session
Items:
A. Hopkins motion, McAdams Second to nominate the
following individuals to the City of Denton City Council Boarda
and Commissions:
' Airport Advisory Board.
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David Arno
Nancy Jane Hundley
Don Williams
Don Smith
Board of Adlustment
Frances LaPorte
Ralph Morrison
Harold Harkins
Buildina Code Board
-Isabel Miller
Charles Ginnings
Cliff Reding
j Alfred "Bud" Green
Wayne Allen (Alternate)
Don Fletcher (Alternate)
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June 21, 1988
Page 10
Cable TV Advisory Board
Meta Carstarphen
Citizens Traffic Safety Support commission
John Erwin
David Graham
Mike Amador
Gene Gohlke
.Community Development Block Grant Committee
Rey Trejo
Don Chipman
Katie Fleming
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Data Processing Advisory Board
j Ronald McDade
Cengiz Capan
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9lectriual Code Board
Clyde McWilliams
Lance Spence
j H-i_etoric Landmark Commission
Builitt Lowry
Judith Abbott
r Tom Millet
Human Uesourcos Committee
Don Harper
Linda Ashmore
Dorothy Damico
Reginald Logan
Rudy Rodriguez
S Library Board
David Speck
Jean Schaake
Margret Chrisman
Parks and Recreation Board
Roy Appleton Iii
Catherine Bell
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June 21, 1988
Page 11
Planning and Zoning commission
Jim Englebcecht
William Kamman
Plumbing and Mechanical code Board
Richard Cooper {
Pete Work
Public Utilities Board
Kenneth Frady
TMPA Board of Directors-Denton Representatives
Roland Vela
Motion carried unanimously.
B. City Manager Harrell submitted the name of Jack
Miller for a continued term on the Civil Service Commission and
asked for Council's approval. Boyd motion, Alexander second to
approve the nomination. Motion carried unanimously.
C. Mayor Stephens announced the appointment of
Charles Olasgow and Weston Blair to the Denton Housing
Authority.
9. New Business
There were no items of new business suggested by Council
Members for future agendas,
The Council considered Item 03 from the work session.
3• The Council held a discussion regarding the
recommended Five Year Capital Improvement Plan.
Lloyd Harrell, City Manager, stated that at the last Council
meeting the staff had presented the recommended five year CIP
program as endorsed by the Planning and Zoning Commission and
the Public Utilities Board. The next step was to bring to
Council a resolution which Council would formally endorse the
Grogram. He asked if there were any romaining questions about
any of the projects contained in the proposed program,
10, The Council did not meet in Executive Session
following the meeting.
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City of Denton City Council Minutes
June 21, 1988
Page 12
With no further business, the meeting was adjourned at 8:07 p.m.
RAY STEPHENS. MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY COUNCIL REPORT FCRMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE RKGARDING COMPACT PARKING SPACES AND
REPEALING ILLUSTRATIONS IN APPENDIX 8-ZONING OF THE CODE OF
ORDINANCES
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at Its
April 27, 1988 meeting by a vote of 7 to 0.
1.
SUMMARY:
This ordinance would allow not more than 10 percent of the required
number of parking spaces to meet "compact" apace requirements. A i
standard parking space is Q' x 18' and compact parking spaces are
proposed as 8' z 161. Paving criteria could be the same for both
types. Illustrations are being relocated to Appendix A with
proposed sections on parking lot design.
BACKGROUND:
Several developers have requested the creation of a "compact"
parking apace in order to facilitate parking requirements and lot
area availability.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Departments Included in the development process and property owners.
FISCAL IMPACT:
These would be no fiscal impact to the City o Denton.
R tf 11~/ su tad:
Prepared by: L1 d Y. Harrell
City Manager
Ceoile Carson
3 Urban Planner
Ap dt
Frank H. Robbins
} Executive Director for
1 Planning and Developmet:.
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P i I Minutes
April 27, 198p
Page 2
Ms. Carson continued that the property is located in a low
intensity area. The predominant land uses are agricultural
and residential. Low intensity areas are the primary f
housing areas in the city. with a trip generation factor
of 30 trips per day per gross acre, the property would use
less than its rroportionate share of intensity. The land
use would be consistent with the low intensity policies.
Ms. Carson added that F.M. 128 crosses the property and no
other public roads access the property.
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Jackie Fuller, At. 2 Aubrey, asked why it was necessary to
{ change the zoning to permanent agricultural if the City
has already zoned it temporary agricultural, me. Morris
said that the City has the authority to control the land
use. Without the process, there would be no control in
annexed areas. He added that it is also required by law.
Mr. Claiborne further explained that when in area is an-
nexed into the city, it comes in with a temporary toning 4
classification, named agricultural. The City is now going
through the formality of making it a permanent Statue.
IN FAyORi None Prevent.
OPPOSEDa None Present.
RECOMh!NDATIONi Me. Carson said that it was a voluntary
request con property owners to zone the annexed property.
She added that staff did recommend approval.
Chair declared public hearing closed.
DECISION- Mr. Glasscock moved to recommend approval of
z-TF-- 9T. Seconded by Mr. Holt and unanimously carried
I7-01.
8. ADOPTION OF AN ORLINANCE AMENDING THE PARKING AEGULAT11PIS
O! RT LE B-rONINO Of THE CODE OP ORDi
N E TS OF DAPPEHDIX NT TE , to provide for r ga-
at ons or compact parking spaces) repealing Appendix
Illustrations No. 13 and 13A of Appendix 8-Toning) provid-
ing for a maximum penalty of $2,000 for violations thereof)
111111 and providing for an affective date.
ST Ft REPORTa Ms. Carson said that staff is recommending
approve o an amendment to the Zoning Ordinance to create
e compact parking space. This would allow not more thca
30 percent of the tegnired number of parkinq spaces to meet
"compact` space requirements. She said that standard park-
ing spaces are 9' x IS' and ce,aoact parking spaces are pro-
posed to be 8' x 161. She added that the paving criteria
would be the some for standard and compact spaces.
IN FAVORi None Present.
OPPOSE DI None Present.
A lady, from the audience, asked if it would be required
for the entire city. Me. Carson said that it would be for
any new development of restriping of an existing parkin-
lot.
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P r Z Minutes
April 27, 1988
Page 3
A gentleman, from the audience, asked
"eu, p t Carson 10 if it would be
Mrsonpercent"
Said n that or ththat 10 ere Would r be n in would allowance required.
of
10 percent but that it would not be required.
{ Chair declared the public hearing closed.
Ifl DECISION: Mr. Glasscock moved to recommend adoption of
an or finance amending the parking regulations of Article
I ! 15 of Appendix 8-Zoning of the code of Ordinances of the
fr City of Denton, Texas, to provide for regulations for
compact parking spaces[ repealing Appendix Illustrations
No. 13 and 13A of Appendix H-Zonings providing for a
maximum penalty of $2,000 for violations thereof; and
providing for an effective data. Seconded by Ms. Kiker
and unanimously carried (7-0).
C. ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
"ITS") 31►aAPFEA137X-H= A C PET
y repea ng te' ma m
or wh a construc on moat begins and providing for an
effective date.
STAFF REPORT= Ms. Evans said that this prAposed amendment
j would delete Paragraph "G" from the current specific use
permit section of the Zoning Ordinance. Paragraph "G"
I i states that a specific use permit is null and void if
' construction of use is not substantially underway within
one year. The repeal of the one year time limit would not
affect the Commission and City Council's authority to limit
the time of a particular use allowed by the Zoning Ordi-
nance. She said that it would still give the Commission
and City Council the opportunity to specify a time period
for a specific use permit, which is addressed in Paragraph
010. She added that Paragraph "F" would allow the Commis-
sion to docile on a time period in which to begin construc-
tion as well.
Mr. Holt asked the purpose of repealing Paragraph "G".
Ms. Evans maid that under the current ordinance, the
expiration date is automatic if construction or use is
not substantially underway within one year. She said
petitioner is
or lose t1ill and right his to to come
extension aware
mthe
specific use permit.
Mr. Holt asked if staff would take a request for extension
to the Commission for a recommendation. Ms. Evans said
that staff would look at each case, determine how much
time should be allowed, and than present it to the com-
mission for a recommendation to the City Council. The
Commission would be given the opportunity to change or
delete the time li%it.
rlr. Kemman asked what was wrong with the people having
to come back for an extension. Ms. Evans said that there
was nothing actually wrong with it, though it was an extra
step.
Mr. Kamman asked if there was a cost for extending the
specific was permit. No. Evans said no, there were no
additional cats at this time.
Mr. Kamman said that he felt there should ba more control
over specific use permits. Ms. Evans said that the time
limit could vary for each individual.
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j AN ORDINANCE AMENDING THE PARKING REGULATIONS OF ARTICLE 15 OF Z
APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, TO PROVIDE FOR REGULATIONS FOR COMPACT PARKING
SPACES; REPEALING APPENDIX ILLUSTRATIONS NO. 13 AND 13A OF
APPENDIX B-ZONING; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the second paragraph of Article 15 of
Appen x - on ng of the Code of Ordinances is amended to read as
follows:
Parking lots shall conform to the specifications set
forth in the Denton Development Code. The parking spaces
required to be provided shall be exclusive of any space
required for solid waste containers. In determining the
number of parking spaces required to meet the require-
ments of this article, no more than ten percent of the
parking spaces meeting the desiign standards for "compact"
paoderking shall spaces, be as set
counted forth toward the Denton total Dnumbermeof
required parking spaces.
SECTION 1I. That Appendix Illustrations No. 13 and 13A of
Appen x - on ng are repealed,
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 Two Thousand Dollars
i ($2,000.00). Each such person
shall be deemed guilty of a separate offense for each and every
i day or portion thereof during which any violation of this ordi-
nance is committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECT104 IV.
That this ordinance shall become effective
p fourteen ays from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
y 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.
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PASSED AND APPROVED this the day of , 1988,
.1,
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RAY STF: t
f ATTEST.
.
jERNIVER j A R. , CITY SECRETARY
f APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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C' COUNCIL REPORT FORMAT
TOI Mayor and Members of the City Council
FP.OMs Lloyd V. Harrell, City Manager
SUBJECTS V-45. Variance of ~ Driveway Approach Width for Property at 2312 Stonegate
RECOMMENDATION:
The Planning and Zoning Commission recommended a driveway approach of I
I 38 feet at its meeting of June 22, 1988, by a vote of 5-0.
SUMMAKYs
f
Dr. Vera Gerahner is requesting a variance of the driveway approach
width at 2312 Stonegate. This property is further described as Lot 4,
` Block B, in The Ridge of Southridge Addition.
According to Article 4.03 of Appendix A of the Code of Ordinancea,
Subdivision and Land Development Regulation,, single family driveway
approaches shall be 20 feet maximum.
The variance procedure In the Subdivision and Land Development Regula-
t1ons states that all the following criteria must be met to grant a
variances
1. Granting of the request would not violate any master plans.
2. The special or peculiar conditions upon which the request is based
relate to
the to ogrePh shape,
P or other
Yr unique physical features
of the property, which are not generally common to other properties.
3. The special or peculiar conditions upon which the request is based
did not result from or were not created by the owner's or any prior
owner's action or omission.
The applicant's written basis for granting the variance in accordance
p with these criteria Is attached as "Exhibit A
BACKGROMI
Dr, Gerahner has had a home built at 2312 Stonegate. The driveway
approach she is requesting will front onto Holiyhill Drive and will
provide access to a handicap accessible four car garage. The Cititens'
Traffic Safety Support Commission denied Dr, Gerahner'a request on
{ June 6, 1988 anc lie variance was forwarded to the Planning and Zoning
Commission.
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i ! CC Report Format
qi July 5, 1988
Page 2
PROGRAMS, DEPARTMENTS OR GROUPS AFFLCTEDi
F Unknown at this time.
f 'y
FISCAL IMPACT:
Unknown at this time.
Respec ly submit e :
oy arrel
City Hager
Pre ared~ ~by: /
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Elie th Evans
Plan ng Administrator
Appr v i
rank H. Robbins
Executive Director for
Planning and Development
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EXHIBIT "A"
! VARIANCE REQUEST
June 10, 1988
This request for variance results from denial of the curb
cut needed for the attached plot plan. The plot plan was
submitted and approved in November, 1987 and building be;an in
December. On June 7th 1988, the curb cut was denied.
THE PETITIONER REQUESTS VARIANCE ON THESE BASES:
i I. SUBDIVISION REGULATION, Article III, 4.03.
i
This regulation limits driveway approaches to 20-foot maximum
which seems appropriate for an average size house, a two-car
garage and typical family needs. However, this larger house is
designed for "care of the aged and infirm." It is planned for
optimum mobility for a person who is wheelchair bound.
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I The reason for building the house was to
I R provide for appropriate
health care in the years ahead. The flat lot, the maximum living
on first floor, the no-step approsches, the open interior spaces
4 and the corner lot were selected for that purpose. The garage is
designed to hold a van as well as automobiles. The plot plan as
submitted shows the four car garage and 40' curb cut. The extra
height of the garage provides for the van.
Therefore, the exception requested is based on atypical case
which can remain an exception rather than setting precedent.
2. SPECIAL AND PECULIAR'CONDITIONS RELATING TO THE TOPOGRAPHY,
SHAPE, AND OTHER UNIQUE PHYSICAL FEATURES OF THE PROPERTY.
Every effort was made to find a lot large enough within city
limits to build this large spread-out house. The design of the
driveway was limited by the required drainage variances and
setbacks. Access was a critical part of the design purposes.
The house is basically a one-floor design for mobility
purposes. There are no steps to enter or exit the house or
within the garage, Hallways are large to accommodate a
wheelchair, and many cupboards and shelves are in low locations.
Special built-ins accommodate for limited mobility, The limited
upstairs provides space For a live-in nurse when needed.
After the plot plan had been submitted to the city, building
began. At no time were we told that the plot plan as submitted
was not acceptable in any way to the city. Because of the
atypical nature of the house, we were required by lending
agencies to pledge our savings for it to be built, Now, six
months later, we are informed that the plot plan was not
approved. There have been multiple city inspectors on site, and
not one at any time has indicated that the house and driveway
could not be built as planned. Within the last few days, we have
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learned that in Denton, persons issuing curb permits operate
autonomously from other approvals.
We understand that one criticism has been possible traffic
problems. The fact that there are four vehicles stored at one
site does not mean at all that there is four times as much
traffic, so this is not a valid reason. It is especially false
when the two owners are classified as "elderly." In addition,
the site is a non-traffic area. Only
persons Roll}hill-Stonegate loop) would bes tliving raveling the Ridge
street ...th.e streets go nowhere.
Of course, another argument is the inconsistency with the
rbgulation. And that is the reason for asking for the variance.
Exceptions do not establish precedents except as another
situation is truly parallel. Because this situation is so
{ atypical, it does not carry the burden of establishing a
precedent.
}
Mr. Oershner is 72 years old, has been diagnosed by the
Southwest Medical School (Dr. Hunt Bat,)er) as having peripheral
neuropathy la degenerative condition in which the nerves
gradually die). He currently wears a brace on his right leg and
the prognosis includes confinement to a wheelchair. These
concerns precipitated our selling one home in Denton in order to
build another one to meet his special needs.
3, SPECIAL OR PECULIAR CONDITIONS REQUIRINO A VARIANCE NOT
CAUSED BY OWNER'S ACTION' OR OMISSION.
The design was drawn up by a Denton designer, and plot plan
copies furnished to the city last year. The designer, the owner,
the builder, and the superintendent were all unaware of any
problem with the plot plan until late May, (The hou-e has been
under construction since December with multiple city
representatives visiting the site.) As the owner, I have never
received any of the regulations luntil
deniall, or any warning that acceptance of the plot pthe urb cut
lan cwas not
complete in some way.
varial will appreciate your consideration of this request for
validation. I can be reachedoatfurnish
225gformation or
9152nvr 898other
Dr. 'era Oershner
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RECOMMENDATION TO CITY COUNCIL
V-45
The Planning and zoning Commission held a public hearing on June 22, 1988
to consider the petition of Vera T. Gershner requesting a variance of Article
1 4.03 of Appendix A of the Code of Ordinances of the City of Denton, Texas.
After consideration and discussion of the following criteria, the Commission
` recommended approval by a vote of 5-0 at its meeting on June 220 1988. The
commission based its recommendation on the following responses to the criteria3
1. Granting of the request would not violate any master plane.
No master plane apply to driveway approaches.
2. The special or peculiar conditions upon which the request is based relate
to the topography, shape, or other unique physical features of the prop-
erty, which are not generally common to other properties.
Dr. Cershner has had a home built with a four car garage. The house
and garage were designed to be handicapped accessible. An error was
I made when the site plan was reviewed. The error was recognised
' when the Contractor applied for a curb cut permit. This permit was no_t
applied for until the house and garage were complete. Hollyhill at this
- location has only four houses which would be effected.
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.
The owner was not at fault for the design of the house and garage In
relation to the city ordinances, but will be the one who has to live
with the results.
Respectfully submittedt
Bill Claiborne, Chairman
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P82 Minutes
Jane 22, 1988
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Page 3 DRAFT
C. V•45, Petition of Dr. Vera T. Gershner for a variance
oche maximum driveway width at 2312 Stonegate (Lot 1,
Block B, The Ridge of Southrldge),
Two property owners were notified and they expressed no
opposition to the request,
STAFF REPORT: Ms. Evans stated that Dr. Gershner is
ieques ng s curb cut 18 feet in width at Lot 1, Block
B. The Subdivision Regulation standard for single family
curb cuts is a maximum of 20 feet.
Ms. Evans continued that the issue was brought before the
Citizens' Traffic Safety Support Commission on June 6,
1 1988 where the 38 foot curb cut was denied. The Level-
opment Review Committee later recommended that a 28 foot
out be granted. Dr. Gershner is still requesting the 30
foot curb cut.
{ Mr. Clark said it was a variance that is needed for a
11 handle peped person. This was the major reason for the
larger si:a driveway. He added that the house was com-
pleted and ready for move in though Lhe Gershners were
waiting on the outcome of the variance.
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4 Mr. Holt asked how they would yet into the four car
` garage. Mr. Clark said the driveway could be designed
to provide access to the garage.
Mr. Holt asked how far the garage door was from the
street. Mr. Clark said about 30 feet,
Ms. Evans stated she had spoken with the owners Of the
three abutting lots end there was not a problem with the
neighbors regarding the curb cut.
PETITIONERt Vera T. Gershner, owner of the property,
stated that she did not understand why she was denied In
June when the plane including the 38 foot cut were sp-
4 proied in May for the building permit,
She said there are only four houses on Stonegate Circle,
which consists of three actual neighbors. Each netihbor
gave their approval on the 38 foot cut. She concluded
that each house that Is surrounding her has three or four
car garages.
IN FAVORt None Present.
OPPOSED: None Present.
RECOMMENDAT10Nt Ms. Evans stated the Development Review
omm tree recommended a variance to 28 feet.
1
AEUTTALt None Offered.
Chair declared public hearing closed.
DECISIONt Mr. Holt said that not everybody knows the
r j laws and they rely on those who do know to tell them
what Is wror. . He said he felt the city contributed to
the problem ram not advising the Gershners earlier.
Mr. Holt moved to recommence approval of the variance
with the 3b .,.,t curb cur. Seconded by Ms, kiker and
unanimously carried (S•O).
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n,RAFT
MINUTES
Citizens Traffic Safety Support Commission
June 6, 1988
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PRESENT: Doug Chadwick, Gene Gohlke, John Tompkins, Virginia
Gallian and Gilbert Berm tein, Acting Chairman
STAFF: Paul Iwuchukwu, Traffic Engineer Associate
Manual Coronado, Traffic Supervisor
ABSENT: Mike Amador, Bruce Chamberlain, Wayne Autrey, and
j Vivian Edwards
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ITEM fl APPROVAL OF MAY 2, 1988 MINUTES:
I 'the meeting was called to order at S:35 p.m. on
I Monday, June 6, 1988 by Gilbert Bernstein. John `
Tompkins made a motion to approve the minutes as
written, Doug Chadwick seconded the motion. Motion
passed unanimously.
ITEM 42 REQUEST FOR A DRIVEWAY VARIANCE BY EMBASSY HOMES
TAB. AT 23 2
_
Paul Iwuchukwu presented the request. He said the
request was for a 461 driveway at the intersection of
Stonegate Circle. and Hollyhill Drive in the
Southridge Addition, Embassy Homes was making the
request based on the fact that the house built has a
four-car garage.
Paul said this violates the subdivision ordinance.
The maximum allowable driveway width for single and
two-family driveways is 20 ft. The Building
Insppection division reviewed the building permit
application to determine if the house would fit on
the lot which was approved. The permit for the
approach was not applied for until after the house
had been constructed. The proposed driveway is very
close to the intersection, Although thase streets
are goal streets, it is invisioned that they will be
functioning like collector streets In the future,
Staff is strongly against this variance.
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The proposed approach is very close to the
intersection. If variances of this sort are allowed
to continue, our ordinance would be of no value. The
building going on in this area is creating, a number
of single request for wider approach widths. If
granted to this owner, it will become necessary to
grant others having no grounds for refusal.
R.
CTSSC MINUTES
June 6, 1988
page 2
Tim Fisher with Metro-flex Engineering, an
engineering consultant in Denton, came forward to
speak in favor of the request. He said Metro-Plex
Engineering had done the original engineering design
and platting for this particular development in
I 1985, Embassy Homes asked that he present this
request.
Mr. Fisher said the reasons he feels it appropriate
for consideration was due to an unique situation.
There is a four car garage already constructed. It
I is a corner lot with 35' front yard set back and 15'
f side yard corner set back. The plans submitted for a #
building permit showed a four car garage on the side l
yard set back. That leaves a very narrow width
between the curb line in the base of the drive to
make a transition between the drive approach and the
entry into the garage. The distances from the curb
line to the face of the garage range between 32' on
1 the north corner to 27' on the south corner.
With regards to the request of the driveway permit,
it is not 46' but 36' which matches the bay opening
on the garage. The 48' foot dimension is actually
the lot line dimension as shown on the site plan.
The site plan submitted to the building permit
process shows a 36' concrete drive. The site plan
was submitted to the city and a building permit
issued in November 1967. Since that time, the house
and garage have been constructed.
{
At the time of application fir the approach permit,
the builder was notified that a variance limitation
would be required. Mr. Fisher said he tried to
explore limitations of the driveway but felt the most
common ingress and egress from the property was
established.
Mr. Fisher said from a commercial standpoint, if
there was a lot of strangers enterirg and exiting the
property, you would have a high use traffic
generator. The situation here is essentially in a
residential area. Traffic generation is going to be
very small.
Hr. Fisher presented a trr_n3parency of the
subdivision as platted showing the location of the
lot. He pointed to Southridgge Drive indicating it as
a collector street, Hollyhill takes off Southridge
Drive and is essentially a closed loop street. The
overall street pattern in the Southridge area in
relationship to the Ridge of Southridge shows Parkway
as being a secondary arterial. The other primary
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CTSSC MINUTES
June 6, 1988
page 3
collector street in the area Is Pennsylvania Drive.
The function of this particular street is going to be
largely for access to the 1S lots within that section.
? Mr. Fisher said the problem that exist is the
l structure is built and would not function properly
without the driveway variance.
Gene Gohlke asked if the building permit office was
aware that the owner was wanting a 48' wide approach
at the issuance of the building permit. Mr. Fisher
indicated that the site plan presented at that time
did indicate the wide approach.
Gene Gohlke asked at what point did they become aware
that the 48' drive approach would not comply. Mr.
+ Fisher said the building inspector brought it to I
their attention at the time the contractor began to
construct the approach.
Mr, Fisher presented a transparency of the
subdivision. He indicated that there was only 2 side
yard lots and S front yard lots that could
potentially request larger driveways.
Gilbert Bernstein asked what the essential response
was from the building permit process. Paul said the
system was designed to permit in two different
processes. He said the initial responsibility lies
on the builder. It is his responsibility to check all
ordinances and requirements.
Doug Chadwick asked Tim Fisher what sort of
dimensions are used for standard vehicle parking and
maneuvering. Mr. Chadwick said all 4 vehicles are
not going to be entering and exiting the garage at
the same time, Mr. Fisher said a lot tends to rely
upon standard geometric requirements on parking
lots. The standard depth for a 900 parking stall
would be 18'. Turning movements usually try to stay
with 11' lanes and go with two-way traffic. As far
as turning radius and corner movements, you don't get
I that specific with a passenger car. Mr. Fisher said
the only option available might be to center the
l driveway and make the best out of it or possibly
it decide which stall you want to direct it into. It
will reduce the functioning to the owner of the lot.
That is the reason they are pursuing the variance.
Doug Chadwick asked how Iong the builder had built in
Denton. Mr. Fisher said he couldn't answer that.
4 Their office is in Fort Worth.
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June b, 1988
page 4
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John Tompkins said he recalled a similar case
reviewed two years ago and the commission turned it
down.
STAFF RECOMMENDATION: Denial of request
COMMISSIONERS: John Tompkins made a motion to deny the request
1 of a 38' drive approach. Doug Chadwick seconded
the motion. Motion passed unanimously to deny
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the request. (S-0)
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CITY COUNCIL
' CITY OF DENTON, TEXAS
-V45
The City Council held a public hearing on July 5, 1988 to consider the petition
of Vera T. Gershner requesting a variance of Article 4.03 of Appendix A of the
Code of Ordinances of the City of Denton, Texas.
` After consideration and discussion of the following criteria, the Council
IE the variance by a vote of at its
meeting on July 5, 1988. The Council based its decision on the following
3
responses to the criteriat
I 1. Granting of the request would not violate any master plena.
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2. The special or peculiar conditions upon which the request is based relate
to the topography, shape, or other unique physical features of the prop-
erty, which are not generally common to other properties.
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3. The special or peculiar conditions upon which the request to based did not
rosult from or were not created by the owner's or any prior owner's action
or omission.
I
y tep ene, Mayor
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DATEr 07/05/88
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the LitY Council
`
FROM: Lloyd Y. Harrell, City Manager
f SUBJECT: Preliminary Plat of the Frank Borman Elementary School Addition, Lot 1,
Block A.
RECOMMEND4TIONi
The Planning and Zoning Commission recommended approval at its meeting
of June 22, 1988, by a vote of 4-0.
SU,`irlARY:
This is a 10,015 acre tract located south of Parvin Street and west of !
Denia Park and shown in the Asa Hickman Survey, Abstract No. 521.
BACKGROUND:
The property is zoned agricultural (A) and a library addition is
anticipated.
I
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.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A
FISCAL IMPACT: N/A
,t
Respe lly/sybmi :
U
Lloy . Harrell
{ City Manager
t Prepared byi
iz , th Evans
Plan ng Administrator
I ApprAy ~
Frank H. Ro ins
Executive Director for
Planning and Development
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DATE: 07/05/68
CITY COUNCIL REPORT FORMAT
j
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Preliminary and Final Re plat of Lots 2 3 5 7 8 9 10 ll 12, 13,
and 14, to Lots 20 3A, 3B, 5, 70 8A, 8B, 8C, 9A, 9B, 10, 110 12, 13,
I and 14A, Section Ocez and Lots 15, 16, 19, and 20 to Lots 14B, 15, 16,
19 and 20, Section Two, of the Solar Way Addition.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at its meeting
of June 22, 1988 by a vote of 4-1.
SUMMARY:
i
This is a 19.4852 acre tract located west of Bonnie Brae and north of
Goodson Way and shown in the O.S. Brewster Survey, Abstract No. 56.
BACKGROUND:
I
The property is toned SF-16 and agricultural and residential development
exists.
City services and facilities, including water, gas, telephone,
electrical, and solid waste, are available.
The Planning and Zoning Commission approved a waiver of standard
subdivision improvements and technical requirements in 1984.
The final replat was approved October 2, 1984 but never filed.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A
FISCAL IMPACT: N/A
4 Res fully sub ted:
f
L1 d V. Harrell
111 Ci V Manager
Prepared by:
liz t Evans
Plan ng Administrator
hpr ed:
N . Robbins
Executive Director Ur
Planning and Development
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SOLAR WAY ADD. MONTH
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CITY COUNCIL REPORT FORMAT
1
TO: Mayor and Members of the City Council
'r
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval rf a tax refund to Fleet Mortgage/Betty McKean
RECOMMENDATION:
The Tax Technician has determined that a tax refund should be isaued,
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, Fleet Mortgage has requested a refund in the amount of $1,051,94
B~icate tax payments were made on account #3992-01300. I
Betty Mr.Kean made payment on January 29, 1968.in the anount of
$1,051,94. Fleet Mortgage Company also paid taxes on January 29, 1988 in
the amount of $1,051.944, Tax records indicate payments of $2,103.88
MM t~'A5 a A% T~iITS OTt'G~F~U1V'AFFEC refund is due. k
i
The tax department and the tax account of Betty S. McKean,
FISCAL IMPACT:
JJI $1,051,94
l
RESP CTFULLY SUBMITTEb:
y anager
.
Prepared by:
' 'Name Vic Schneider
Titlo Tax Technician
Approved,::
~ J2r~,~12 % ~~y7
Name Monte Mercer
Title Controller
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Flee! Mortgage Corp.
April 4, 1988
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Denton Countq Tax Collector
P.O. Box 1249
Denton, TX 76201
RE: FMC #487171-2
i Property Address: 404 Santiago
Tax ID OR-23967
r Dear Treasurer:
We were recently advised that a refund is due on the above
mentioned property because of a duplicate payment.
This refund is for the 1987 full year real estate taxes in the
amount of $1051,94 that we paid in error on January 26 and 27, ?
1988. We request a refund in full for the amount paid.
Please review your records and see if they coincide with our
information. If everything is accurate
I to the attention of the undersigned. If theaabovesdocumenta-
{ tion is not sufficient evidence$ please inform the undersigned
I of your findings.
Please contact me at 1-414-276.6633, extension 3164 if I can be
of any further assistance.
i
Sincerely,
. Il
(1111
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Jill Nitecki
Tax Department
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SE-423 (REV. 2/87)
F1esf Morlpepe Corp. P0. Box 642, Wweukee, Wisconsin $3201 414-276-8633
A OAmool co No Frnlnnd Goo Customer Service Inqulrles: 411.276.6644
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Fleet Mortgage Corp. FMC Account No. 001
PO 809 SDO, MILWAUKEE. WISCONSIN 53791 (4111716.6633 1865001
FIRST WISCONSIN NATIONAL SANK
0 r+ j~ MILWAUKEE. WISCONSIN 01500007
1
7 V V 0 PA*A* i S 1988 AMOUNT
TO THE ORDER OF 1A1 '****I s669 673
''p ~j yU p VOID IF NOT CASHED WITHIN 60 DAYS
UTUPT7B720iN~'LLEGTOR
3 AUTHORIZED SIGNA DNE
j u'166500NO 1:075000022t: 11150111422114 600000 16G97 30,
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NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
j FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEI:EAS, 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!
i
SECTION I. That the numbered items in the following numbered
bids- oF r-materials, equipment, supplies, or services, shown in f
the "Bid Proposals" attached hereto, are hereby accepted and ?
approved as being the lowest responsible bids for such items: i
BID ITEM
NUMBER NO. VENDOR AMOUNT
{
I .-9972_ ALI,,_ CUMMINS St;PP: Y ~2fi,227.96
--9974- Item l C~UMNlINS SUPPI-Y .777/tt
Item CtIMM)NC SIiPP Y
1.198/tt
Item ; CUMMINS SUPPI Y 1,179 It
Item-2 runmins Supply 3WJL -
Item 6 -TEMPLE INC. 3~32/tt
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SECTION li. That by the acceptance and approval of the above
number-e-d items of the submitted bids, the City accepts the offer
of the persons submitting the bids for such items and agrees to
j j purchase the materials, equipment, supplies or services in
{ accordance with the terms, specifications, standards quantities
1 and for the specified sums contained in Ike Bid Invitations, Bid
1 Proposals, ana related documents.
SECTION III. That should the City and persons submitting f
I approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
aci:eptance, 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
hat the written contract is in accordance with the terms,
conditions, specifications, standards, quantities and specified
sums contained in the Bid Proposal and related bid documents
herein approved and accepted.
' SECTION IV. That by the acceptance and approval of the above
nunbered-items of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved 'bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
Immediately upon its passage and approval.
PASSED AND APPROVED this S day of JULY , 1988.
RAY 1 P EN , MAYOR
CITY OF DENTON, TEXAS
f ATTEST:
JENNIFER WALT913i CITY NECRETARY
CITY OF DENTON, TEXAS
' APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.,
PAGE TWO
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DATE: July 5, 1958
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: /9872 - ELECTRONIC PULSE RECORDING SYSTEM
1 RECOIVVIDATION: We recommend the award of this /9872 to the low vendor meeting
3 specification which is Cummins Supply at a total amount of $26,227.90.
SUMMARY: This is for the equipment and software which will be used to reduce
y manpower and equipments costs In reading meters in connection with the "System Peak
Reduction" program. This program reduces KW demand during peak loading periods.
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BACKGROUND: Memorandum - Ray Wells s
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Metering & Substation Bond Funds M 611-008-0253-9224
FISCAL I1IPACT: There is no additional Impact on the general fund.
Respe idly submit ed:
Lloyd Y, Harrell
City Manager
Prepared by:
Name: Denise A+Tanning
Title: Buyer
Approved:
4414/
INamet .,oh K Marshall, C.P
"1~t)e; Purchasing Agent
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CfTY of DENTON, TEXAS 215 E. MCKINNEY / DEN TON, TEXAS 76201 / TEtEANONE (817) 566.8200
MEMORANDUM
I TOE Tom Shaw, City Purchasing Manager
FROMt Ray D. Wells, Superintendent, Electric Metering/Substations
DATEi June 29, 1988
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r SUBJECTS EVALUATION BID NO. P-9972 i
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After careful consideration of all seven (7) vendor proposals submitted,
it is my recommendation we accept the proposal of Cummins Supply y
Company, Fort Worth, Texas. The Cummins' proposal is for Sangamo I
Recorders and Software and this proposal meets our bid specifications.
This proposal is also low bid submitted. I suggest we order fifty (50)
Recorders, Software, Retriever/Programmer and Telxon Module, r am
attaching detailed Request For Purchase.
Very truly yours,
i
Ray Wells
RDW/ci
2RDWO62988188
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DATE: July S, 1988
CITY CQURCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
I SUBJECT: BID# 9874 WIRE AND CABLE
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RECOMIEROATIOR: We recommend this bid be awarded to the lowest bidder meeting
specification and our required delivery schedule for each Item as listed.
Item 1. #2 Conc Cable to Cummins Supply at 777/ft 38,8.?0.00
Item 2. 4/0-4/0-2/0 Cable to Cummins Supply at11.198/ft 29,9)0.00
Item 3. 793 MCM Wire to Cummins Supply at 1.178/ft 88,330.00
Item 4. 4/0 AAC Wire to WE5C0
Item 3. 230 MCM Unishleld to Cummins Supply at 3.497/ft !08,.00 L
,4910.00
Item 6. 300 MCM Unishleld to Temple, Inc. at 3.2)2/ft 32 320.00
TOTAL BID AWARD $22 136!.0
SUMMARYm This bid is for the purchase of wire and cable for replacement of
ware ouse stock. this material Is used by the Electric Distribution Department In the
maintenance and new construction of the electric distribution system. The quantities
are expected to be a 3-6 month supply.
BACKGROURDs Tabulation Sheet
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PR06MN5. OEPARTIIERTS OR GROUPS AFFECTED:
Working Capital Warehouse - Inventory purchase
FISCAL 111PACT: 1987/88 Budget
Funds for
710-043-0)82-8708 Electric Inventory Stock
Respegc~;ully submittedt
+L110tYd rrell
er
Prepared by::
Name: Tom D. Shaw, C.P.S.
1 Titlel Purchasing Agent
Approved:
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am s John J. Marshall, C.P.M.
Purchasing Agent
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ei
I I I I t i t t 1 I~
AID 1 4074 I 1 1 I I I I t
1 I I;
BID 11TLUE NIPE AND CABLE I CUMMINS I NELSON I PRIESTER I 4ESCO 1 POLELINE I DEALERS I TEMPLE I TEMPLE I TEMPLE I
TEMPLE I
...............................__..i SUPPLY 1 1 I I ! I 111 1 12 1 13 1 16 I.
DPENFD June 31, 1988 I I i I ! t ! I I ! ! '
I I E t I I ! i'
ACCOUNT I I I 1 I I ! t t I ! t
a ___•1___• I............ _ I_• -t............ 1------------ 1
1 t ! 1 t I ! 1 Y E
rr I I QTY l ITEM PESCRIPIION I VENDOR I VENDOR 1 VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR
I VENDOR t
_.•......1....... -1------•--••• ....................l.•--•••-----1.....•--•-•-1---..._...--I------------'' I - 1 1 51MM t EAGLE CONC 12 1 .777
1 I 065 1 .9251 1 .915 1 415 1.111 1 .778 t .017 1
2 1 25M t CABLE UD 111 1!! 2!1 1 1.198 1 1.29 1 1.101 1 I,19 1 11179 1 1.393 1 11122 1 1 11194
1 I
3 I 70M ! WIRE PARE 745 1 1.178 1
~ry^„ 1.39 I IJ76 I 1.211 1,269 1.218 I 1.111 I I 1 L`
4 1 21" 1 NIPE BARE 411 AAAC 1 .4128 1 .47 1 .398 1 .41 1 1127 1 .118 1 .4111 1 1 1 I,
5 1 111 1 CABLE 29 NCO UNI 1 3.491 1 1 2.993 1 3.68 1 4.354 1 3,57 1 3.11 1 1 I 31741 I"
6 1 l1M I CABLE 511 OCR UNI 1 5.295 1 I 4427 1 5.62 1 5.453 1 5.71 1 4,491 1 1 1 5.2521 1
„r 1 I I I 1 J 1 1 I I I I I
1 IR:= I I I I 1 f I I I I I
1 I fALL OR NONE I I I I I I I I i 1 I.
'tir ( I 1 I I I 1 I i 1 I l
1 I I I 1 I 1 1 I I I I l-
` I I t ! I I 1 S ! I I t
. 1 I I I t I I ! ! ; I ! is '
I I 1 ! 1 I I 1 ! 7 7 I !I I I t t I I I ! 1 I i
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0923L
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY k
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain
contracts requiring an expenditure or payment by the City in an
amount oxceeding $10,000 be by competitive bids, except in the
case of public calamity where it becomes necessary to act at once
to appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or it is necessary to
protect the public health of the citizens of the city, or in case
of unforeseen damage to public property, machinery or equipment;
NOW, THEREFORE,
THE C01JNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby determines that
there s a pu is calamity that makes it necessary to act at once j
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 or unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
84937 ARROW INDUSTRIES $29,937.60
86943 _ FRFFSF h NICHOLS 32.100.00
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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 taw exempt°ing such
purchases by the City from the requirements of competitive bids.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 3 day of JULY 1988.
E
RAY o i
CITY OF DENTON, TEXAS
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ATTEST: i
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01
r: JENNIFER WALTER S, C S ET
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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DATE: July 3, 1988
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CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER f 84937 - ARROW INDUSTRIES
,kl
RECOIEMOATION: We recommend this purchase order to Arrow Industries in the amount
of $29,937.60 be approved.
SUMMARY:
This purchase order is for 7,128 rolls of refuse bags. Our contract
supplier has notified us that there is a shortage of resin for bag manufacture. These
bags meet our specifications and will have the City of Denton identification printed on
them. The unit cost is 54.20 per bag. This bags are available immediately and will give
us enough to meet our needs until the market settles.
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BACKGROUND: Purchase Order 084937
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PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
s Warehouse and Residential Solid Waste Department j
FISCAL IMPACT: Fiscal year 1987/88 budget
Respectfully submitted:
4aeger
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Prepared by:
met 3. arshall, C.P.M.
"Title: Purchasing Agent
Approved:
Naisfe: ar 1I, C.P.M.
r~11E: Purchasing Agent
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1 THIS ISA U1r y w WLIY/VI V, IL/vNJ
CONFIRMING ORDER XXX PURCHASE ORDER NO: PC 84937
(IF MARKED) This number must appear on all
` DO NOT DUPLICATE Invoices, dewy saps, cases,
ctns, boxes, packing slips and dtls.
Req No: Bid No:
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Date: 015 20 88 Page No. O1
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VENDOR PJRCHAVNG OMSXNJ / 901.8 TEXAS STREETI DEN70M, TEXAS 76201
NAME/ ARROW INIUSTRIFS 817/666-6311 01FWMETRO267-0042
P. POX 819001
ADDRESS DALLAS. TX. 7.301 DEUVERY CITY OF DENTON NAREHnJSE
CONFIRMATION ONLY
ADDRESS 00 NOT DUPLICATE -
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VENDORNO. AR149001 DELIVERY QUOTED 07 01 88 FOB OF.STINATIDN TERMS
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3D It PC PL 56524
Cf= 4.200 29*937.60
FUSE BAGS 30 GALLON
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PAGS TOTAL 29s937e6~
T1 710 043 0582 8703 29s937e50 Gil TOTAL 11 29sQ37e6t
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i VENDOR WSTRUCTIONS: 3 Te ms - Nel 30lthaeu wnwwne wooled I
1, $ent orVnal invoke wlth duplicate copy, e, Shipping Instructions F 0 8, Destination Drepaid fl wess o"e ins smitedl
2. Oil b - Accounts Payable b. Nod federal state sales tax shall be Included Q
215 E Mc
, Kinney St. M
Denton, TX 70201 VENDOR Pwchasing Divison
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DATE: July 3, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER # 84943
FREESE & NICHOLS $32,100.00 EXTRA CONTRACTURAL SERVICES
RECOMMENDATION: We recommend this purchase order be approved for the extra
'con rac aT3e'vices agreed to in the contract to Freese & Nichols Consulting Engineers
and as approved by City Council on February 16, 1988.
SUMMARY: Most professional contracts unclude some items that cannot be I
indetified as to a near estimated amount until the project is in pro ress. This purchase
order Is to cover some of these items with an estimated cost of $832,100.00. We may
pay some of the costs directly to the professional and some may be apid through Freese
and Nichols. The professionals that are employed and paid by or through Freese and
Nichols will have a 10% handling fee payable to the counsulting engineer. The prices
shown are reliable estimates but the cost could be more or less according to the work
required. Freese and Nichols has estimated the total amount not to exceed $35,000.00.
1
BACKGROUND: Memorandum from Freese & Nichols
Memorandum from Dave Ham and Renee Baker
Copy of Purchase Order #84943
PROGRAMS, DEPARTIIXTS OR GROUPS AFFECTED:
I
The payment and continued development of the Lake Ray Roberts j
Water Treatment Plant, as contracted with our professional consultants Freese &
NkANIIPACT: There is no additional impact on the general fucd.
Respec ly su mit e
Lloyd V. Harrell
City Manager
Prepared by:
~'i'e; Joh(i ),'Marshall, C.P.M.
I Title: Purchasing Agent
Approved:
me: Jofi1 J. Marshall, C.P.M.
Tifle; Purchasing Agent
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CITY of Dwrom, roux 215 E. MQKINNEYI DENTON, TEXAS 76201 /TELEPHONE (817) 568,8200
M MJRANDIM
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T0: R.E. Nelson, Executive Director, Department of Utilities
FROM: C. David Ham, Director, Water/Wastewater Utilities e z>
DATE: June 30, 1988
SUBJ: Additional Engineering Services - Lk. Ray Roberts Water Plant
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When the basic engineering contract for services with Freese and
Nichols, Inc, was approved by City Council on February 16, 1988, the
new water plant and booster pump sites had not been firmly located nor
had the quality of Lake Ray Roberts raw water been firmly established
with regards to new Environmental Protection Agency and Texas Depart-
meet of Health regulations.
Freese 6 Nichols, Inc. had mentioned to the Utilities Staff that
additional services in the amount of S 68,000 might be required after
these sites were firmly located for topographic surveys, planning and
toning, City Council briefings and additional water testing.
quality The utilities staff considered waiting to request these additional
services until the sites were firmly established and after a meeting
in Austin with the Texas Department of Health. Freese F, Nichols has
reduced their original estimate to S 32,100 with a maximum not to exceed
$ 35,000.
It is paramount that the City Council approve these additional services
for the project to proceed forward.
CDH/da
cc: Lloyd Harrell, City Manager
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3DH063088008
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SIMON W. FREESEPE
P LAMES R NICHOLS PE
F I AN Freese ROBERTL NI,C!CLS LL.
LEE 1. FREESE
ROBERT S, COOCH, P E
Nichols,INC, IOE PAUL JONES, PL.
ROBERT A. rHO THOMPSON III, E[
I fOHN H. COOK
T. ANTHONY RED Et
CONSULTING ENCINEERS cnarN.AFINES. r,E
ROBERT F. FE4CE FE
1 101 6, MAPES, /.E
- t W, ERNEST CLEMENT, P.E.
JERRY L PLEM(ND, P.E.
` A. LEE HEAD Ili, F ,r
I``6 i y May Z5, 1988 RONNIE M LEMONS. PE.
MICHAEL O. MORRISON, rE
LEO A. DOTSON, Pt
DAVID R CATTES
JOHN L JONES, P.E
THOMAS C COOCH, P.C.
y Mr. Dave Ham, P, E . WITY K CRECORr, III
L Director R. MICHAEL L NICHOI I.L
NEIL PEIlI R, ALA,
Water/Wastewater Utilities
City of Denton
901 A Texas Avenue
Denton, Texas 76201
Re: Additional Services
Lake Ray Roberts
~g Water Treatment Plant
I and Uff-Site Facilities
f Dear Mr. Nam:
As you know, Freese and Nichols estimated that a budget of approximately
$65,000 should be considered for additional services on the above
referenced project. These funds were to be used as necessary for such
items as surveying, water quality testing and additional meetings beyond
those required in basic services. The City has requested that we refine
our additional services budget now that we are underway on the assignment.
At the present time we estimate fees for additional services would be as
follows:
1. Off-situ facilities
I A. Surveying and easements - $ 4,400
8. Additional meetings with the Public - 2,500
and City Boards
Subtotal f 61900
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11. Lake Ray Roberts Water Treatment Plant
A. Topographic Surveys
8. Water Quality Testing $ 8,600
j - 16,600
{ Subtotal $25,200
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TOTAL $321200
TTLEPHONE 611116.7161 611 LAWR STREET FORT WORTH, TEXAS 761023667
TELECOPIER 817 M7161 EXL 299 METRO 617 R$1900
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Mr. Dave Han, P.E.
May 25, 1988
Page 2
` Attached please find a proposal from James M. Montgomery for Itela IIB and a
letter from Coleman and Associates for Item IIA.
It would be desirable to budget slightly more than $32,100. It is my
recommendation that the City establish a budget of not-to-exceed $35,000
for additional services. We will advise the City it appears that
additional funding would be necessary on this project. If this proposal is
acceptable to the City, please authorize us to proceed by signing the extra
copy (enclosed).
Thank you for your assistance with this matter.
Very truly yours,
F
FRE SE AND NICHOLS, INC.
a/ 7
J n H. Cook, P.E.
V ce President
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Accepted:
(Name)
i (Date)
JHC:pka,03
attachments
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SCOPE OF WORK
FOR ADDITIONAL SERVICES
PRELIMINARY DESIGN OF CITY OF DENTON
WATER TREATMENT PLANT
s
James M. Montgomery Consulting Engineers. Inc. ()MM) proposes to perform the
} following additional services under the terms and conditions of the original
agreement:
INTRODUCTION
I As a result of water quality evaluations and discussions with the Texas Department of
Health (TDH). JMM hw recommended and the City of Denton (City) desires that
additional services be conducted to aid In developing the treatment processes for use
in the Lake Ray Roberts Water Treatment Plant. These additional services have two
components. The first component Is raw water quality analysis of Lake Ray Roberts
to be performed by Montgomery Laboratories (a subsidiary company of JMM). The
second component is bench scale tests related to development of pretreatment process
design criteria.
i COMPONENT 1 • WATER QUALITY SAMPLING AND ANALYSIS
j This task Is required because of the lack of information on specific compounds
regulated by the Safe Drinking Water Act amendments of 1986. A baseline
I monitoring effort Is necessary to determine whethar any of these regulated
compounds will need to be addressed by the proposed treatment plant. This task will
be performed jointly by the City and JMM.
Montgomery Laboratories will supplyy sample bottles and Instructions to the City at a
designated address. City staff will collect representative samples of Lake Ray
Roberts water at the dam and will ship them to the laboratory In Pasadena. Analyses
will be conducted on the organic compounds outlined in the next paragraph, and the
results will be reported to IMM project staff and to City W. JMM will supply the
City with a letter report summarizing and evaluating the results. The results will aid
In developing the best treatment processes for this plant.
The compounds to be analyzed are listed in Attachment A. Montgomery
Laboratories will irovlde analytical services for the following anslytes from this list
during the first step:
o TOC o THM formation potential
0 8 VOCs with MCta plus Ust I (6• tnt curve)
(unregulated volatiles) o BNAs
o Aldicarbs 0 Carbamates
o Organochlorines o Herbicides
0 Triazines
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The City laboratory u~11 perform the other listed analyses for the Inorganics, physical
parameters, etc.
For Steps 2 and 3, Montgomery Laboratories will perform analyses for TOC and
THMFP (1-point) once each month for rive months (through December) tinder this
agreement. The City will provide sampling and analytical services for these
monitoring efforts in the same capacityy as described above. A contingency for one
additional sampling for all organics Is Included in the budgget in case there are
problems with the Initial results or detectable quantities of specific compounds.
COMPONENT 2 - BENCH-SCALE TESTS
Bench-scale tests will be conducted as preliminary treatability studies to evaluate and
tion and
establish realistic design criteria for prctreatmeentaddr processes (lfl documentation
sedimentation). These tests are necessary
i requirements when exceptions to the design criteria for complete, tconventional he primary
treatment am proposed. From early project meetings, it appears that
area of exception desired by the City Is in the combined detention time of
flocculation and sedimentation.
' To evaluate these processes on a bench scale requires jar tests for coagulant
optimization, Ot optimization, and floc settling velocity evaluation. The tests will be
directed towards selection of the most effective coagulants (i.e. ferric sulfate, alum,
catlonlc pot men) and determination of optimum dosage for these coagulants, Using
the set= coagulant and the optimum dosages, the effects of dithrent velocity
gradients (measured as 0) and flocculatlon times will be evaluatd. From these tests,
an optimum combination of mixing intensity and flocculation time will be
x determined. Following these tests, the results wilt be utilized to perform floe settling
velocityy (vr) measurements. This value, va, is proportional to the surface loading in
than will indicate the
d by the
lower surface tests
r ability1`ofcsthis water totlbe tteated at The
TDH
The City facilities at the existing treatment plant will be required to conduct these
4 t tests since jar testing apparatus and monitoring equipment will be available. IMP,R
staff will set up and conduct the tests with assistance from City staff as necessary to
Fk1lilate progress, At completion of the teats, !MM will provide a summary report
with in and design of treatment processes for ttheiLapkeRay n Roberu plant~hs on the selection
DELIXERAHLES
The following outputs will be providcd in accordnnce with thk agreement;
(a) Reports o of sample analyses for the compounds analyzed by Montgomery
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( (b) Letter Report summarizing all data collected on Lake Ray Roberts (from
j both Montgomery Laboratories and the City Laboratory)
1 (c) Summary Report of Bench Scale Studies - 10 copies
CITY-FURNISHED SERVICES
' The CITY will furnish labor for conducting the samppling of We Rav Roberts wafer
and for preparatlon of the samples for shipping to Callfomle, The Crity's laboratory
will also need to perform those analyses not being performed by Montgomery
Laboratories as noted above. JMM will also require use of facilities for conducing
Ju testing
the jar tests probably at the exittin` water treatment plant where adequate
and monitoring equipment is located, The City will also be responsible for ce in's
the water used In the jar tests with assistance of JMM personnel and for supply n
chemicals used In the tali.
FRUO AND NICHOLS-FURNISHED SERVICES
Fieese and Nichols will provide technical review and will facilitate project
communcation. '
r FEES AND CONDITIONS
A fee of $13,10 0 is estimated for completion of the above scope of work. This fee
i includes $4,600 for water quality sampling and analysis and $10,300 for the bench
tests. The coats are based on the same terms as the present agreement.
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ATTACHMENT A
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LAKE RAY P''3ERTS
SAMPLING EAUGRAM
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Step One: Sample immediately for the following parameters to gain en overall
baseline on the Safe DrIAIng Water Act regulated compounds.
Microbiolo icalrFurbidit Ivor Araks
Collforms•Total Metals
Coliforms•Fecal Nitrate
Turbidity Fluoride
General Ph sy lcai Organics
Color TOC
Odor THM Formation Potential
H (6-point curve)
Temppperatura 8 VOCs with MCIa plus
Lan m er Index List 1 (34 compounds)
BNA compounds
Alkal, lty
TDS Aldicarb compounds
Organ blot ce pesticides
Herbis
Carbomates
Trlatlnes
Step Two,, One month from the first sampling, conduct the following tests.
} Mlaoblolo callTurbidkty Inoorrz ni-c±
Collforms•Totai Nitrate
Coliformi•Fecal (Any others that appps red
Turbidity In the first samplinga in
significant amounli)
General P 0=panics
Color TOC
Odor THM Formation Potential
pH ({.point)
Temperature (Ary others that of~peared
Alkalinity In the first tamp lIng in
3 significant amounts)
Step Three: Once It month sampling of the same parameters In Step Two except
eliminate THM Formation Potential If the variation between the first two Is not
great.
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COLEMAN & ASSOC. SURVEYING
412 S. CARROLL BLVD. + P.O. BOX 688 DENTON. TEXAS 76202.OSM • (817) 565.8215
May 12, 1988
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Freese and Nichols, Inc.
Mr. Coy Vesch
811 Laser St.
Fort Worth, Texas 76102
Rat Surveying Servicest Denton Water Project.
Dear Mr. Vescht
1
At your request we have compiled some Information concerning the above-
referenced project. Comparing this project to other, similar projects we
have knowledge of in this area, we submit the following surveying cost j
es timates t ~
MAIN PUMP STATION SITE: PRE-DESIGN TOPO
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Field surveying for topographical information sufficient to develop
1 (one) foot contours with detail of easements, etc. Note reduc-
tion, plotting, and drafting to prepare detailed map of 76 acre Mein
Pump Station site.
a
Approximate Cost: $7500.
It has been our experience that a FEE ESTIMATE with a well-defined scope-
of-project is the most equitable method of billing. You would be invoiced
regularly for work-to-date at an hourly rate. This arrangement allows
greater flexibility of both scope and scheduling during the course of the
r project.
{ i trust this information will be of some value to you. Keep in aind that
these are only general estimates based on some similar projects. If you
a hava any questions or require additional information, please don't
i hesitate to call me.
Respectfully, ~c
N f . n
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Wm. M. Coleman, R.P.S.
Coleman and Associates Surveying { r
4f lenclosures
ee~72/m1: `°I
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cirr O/ oENTON, rEXAS 215E. MCXINNEYI DENTON, TEXAS 762011 TEf EPHONE (817) 5668200
MEMORANDUM
T0: John Marshall, Purchasing Agent
FROM, C. David Ham, P. E., Director of Water/wastewater Utilities
DATE: June 24, 1988
SUBJECT: Additional Services - Lake Ray Roberts Water Treatment Plant:
and Off-site Facilities
Please include the following information in agenda item for New Water I
Treatment Plant and Off-site Facilities Additional Services.
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Freese s Nichols has now completed their preliminary review of Lake Ray i
Roberts Water Treatment Plant and Off-site Facilities. As indicated in
their attached letter dated May 25, 1988, additional services are now !
required that were not included in the basic services portion of the f
original contract.
The additional services include surveying of construction sites, )
additional meetings and water quality testing that could not have been
accurately estimated in the preliminary review stage. These services
are more clearly defined as follows:
{ 1. Because project sites have now been determined, accurate estimates
can now be obtained for surveying.
2. Additional public meetings are needed now that the project scope is
more clearly defined.
3. Under basic services in the original water treatment plant
contract, dated February 16, 1986, Lake Ray Roberts water was
sampled and analyzed. The initial analysis revealed additional
water quality testing needs to be performed in order to meet the
Safe Drinking Water Act Amendments of 1986.
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cirr of plNroN, rtXAsi 215 E. McKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 5669200
MEMORANDUM
TOs John Marshalls Purchasing Agent
FROMs Renee Baker, Civil Engineer
DATES June 20, 1968
SUBJECTS Lake Ray Roberts WTP and Off-site Facilities
Additional Services.
Lake Ray Roberts WTPs
1. Original contract between City of Denton and Freese and
Nichols, inc., dated February 16, 1988.
2. Additional Services requiredi $ 8,600
a. Topographic Surveys 16,600
b. Water Quality Testing
Sub-Total $ 25,200
Lake Ray Roberts Off-site Facilities:
1. Original contract between City of Denton and Freese and
Nichole, inc., dated February 16, 1988.
2. Additional Services requireds q, 400
a. SurveyJ.iq and Easements $
2,500
b. Additional Meetings Sub-Total S 6,900
Total $ 32,100
Please refer to the attached letter from Freese and Nichols, Inc., dated
May 250 1988, regarding these services. These fees are approximate and
should not exceed $35,000.
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CITY OF DENTON, TEXAS
901-8 TEXAS STREET PURCHASE ORDER DENTON, TX 78201
FP. O. NUMBER OATEIVENDOR NO. DOCUMENT TYP
84943 06/2n/n8 SIR g
FRE45500
VSNDOM SHIP TO:
FIEESe C NICHOLS INC UTILITY ADMINISTRATION
811 LAMAR ST 215 F. MCKINNEY STREET
FORT WORT49TX 76102 DENTON@ TEXAS 76201
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ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINEAMOUN
)1 6?3 098 0460:8553 1 LT90629 LAKE RAY RORERTS nFF-: 6.900.OC
22 623 008 0467'8553 SITE FACILITIES: SURVEYING•
j 73 6?3 008 0'160:8553 EASEMF'N1'S* MEETINGS
~)4 623 098 0460 AS-53 1 LT 90629 LAKF. RAY gOSERTS WTP 80600000
)S 623 009 0460 8553 TOPOGRAPHIC SURVEYS
?)6 621 OOS 0462'8554 1 LT 90629 LAKE RAY ROBERTS MTP 1610609.00
07 623 008 0460 8554 WATEP QUALITY TESTING
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The City*( Denton, Texas Is tax exempt-House 8111 No. 20.
Reference P.O. Number on alt BIL, Shipments and Invoices.
Shipments are F. 0. S. City of Denton, was Indicated. 8y
e _
Send Invoices TO. Diesel Inquiries T0:
City of Denton, Accounts Payable John J. Marshall, C. P. M. Purchasing Agent
215 E. McKinney St., Denton, TX 76201 Tom D. Shaw, 0. P. M. Abet. Purchasing Agent
(or as Indicated on Purchase Order) 617156+!-8311 DIFW Metro 287-0042
The Cltyof Denton Is an equal opportunity employer
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CITY of DENTON, TVUS 215E. McKINNEYI DENTON, TEXAS 782011 TEl EPHGNE (817) 5688200
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MEMORANDUM
I TO: R.E. Nelson, Executive Director, Department of Utilities
i FROM: C. David Hamm, Director, Water/Wastewater Utilities
DATE: June 30, 1988
SUBJ: Additional Engineering Services - Lk. Ray Roberts Water Plant
When the basic engineering contract for services with Freese and
Nichols, Inc. was approved by City Council on February 16, 1988, the
i new water plant and booster pump sites had not been firmly located nor i
had the quality of Lake Ray Roberts raw water been firmly established
with regards to new Environmental Protection Agency and Texas Depart-
ment of Health regulations, i
Freese 6 Nichols, Inc. had mentioned to the Utilities Staff that
additional services in the amount of $ 68,000 might be required after
these sites were firmly located for topographic surveys, planning and
zoning, City Council briefings and additional water quality testing.
The utilities staff considered waiting to request these additional
services until the sites were firmly established and after a meeting
in Austin with the Texas Department of Health. Freese $ Nichols has
reduced their original estimate to $ 32,100 with a maximum not to exceed
$ 3S,000.
It is paramount that the City Council approve these additional services
for the project to proceed forward.
3 CDH/da
I cc: Lloyd Harrell, City Manager
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July ~0 lybb
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CITY LUUNCIL AGENDA 11EM
i TU: MAYUH AND NLMHERS OF THE L1TY CUUNL.IL
! FROM: Lloyd V. Harrell, Lity Manager
? RE: UUNSIOER ORDINANCE AND SUPPORT TO THE SITE ACCESS AND
ACTIVITIES AGREEMENT BEThEEN THE CITY OF DENTON AND CORPS
OF ENGINEERS (LOE) FOR LEWISVILLE hYDROELECTRIC PROJECT.
j RECOMMENDATION:
The Public Utilities Board, at their meeting of May 11, 1988,
E recommenc:cd to the Lity Council approval of subject ordinance
and agree:lient.
BACKGROUND/SUMMARY:
The Memorandum of Understanding (MOU) between the Department of j
the Army and Federal Energy Regulatory Commission (FERC)
requires that hydropower facilities tha; will be an integral
part of or that could affect the structural integrity or
operation of a Corps' project shall be designed and constructed
in consultation with and subject to review and approval of the
District Engineer, and further requires that the project
licensee will reimburse the Corps directly for all reasonable
costs associated with the Corps' review and approval of design
and construction, plans and inspection of construction for
power development at Corps' projects.
Government regulations state that required funds must be
provided in advance of any work activities. The estimated cost
of work activities is estimated to be W p OUO. COE wi12
account for all work activities performed for requested
services. At the termination of this agreement, COE will return
all surplus funds to the City of Denton.
j Black and Veatch, project consulting firm, stated in their
"Progress Report 2" that the design control drawings for site
f and plant arrangements are 86% complete. In addition, the
h issue of 70% design review to the Corps of Engineers is ready
to submit to CUE. To maintain the project schedule, the review
process needs to begin as soon as possible.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City of Denton citizens, Water and Sewer power cast, TMPA,
Legal Department.
FISCAL IMPACT; j
This project is in the proposed Five Year Capital Improvement
Plan. The maximum estimated cost of reviewing the plans and
specifications is $609000.
Source o` Funds: Sewer Bond Fund
Respe ully si tted,
Lloyd V. Flarrell, C ty Manager
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epared by:
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. U O5,
Director of Electric Utilities
's Approved by:
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j FTson
Executive Director of Utilities
Exhibit I Ordinance
11 Agreement for Access 8 Site Activities
III Minutes PUB Meeting of May 11, 1988
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
May 11, 1988
S. CONSIDER SUPPORT AGREEMENT' WI1H SITE ACCESS AND ACTIVITIES
AGREEMENT BblWLEN HE MY 0}' DEINION AND CORPS OF ENGINE M
R LEWISVILLE H OELECIRIC PROJECT.
t Nelson stated that in order to do those things that are required
on the Lake Lewisville Hydroelectric project, this agreement is
necessary. lullos explained we have to put the money up front
in c.-der to obtain Corps' review. The Corps' has the right to
oversee the work very closely. they will have to review plans
from Black and Veatch to be sure that all the work is meeting
their criteria. the Legal Department has reviewed the document
and finds no problems with it.
Thompson made a motion to approve the Support Agreement and
S'. Activities Agreement between the City of Uenton and the Corps of
Engineers for Lewisville Hydroelectric project, Second by
Frady. All ayes, no nays, motion carried.
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AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE
CITY OF SITE ACTIVITIES IONDTHEAHYDROPOWEROPROJ CT AT LEWISVILLE
` ACCESS AND
fl ~ LAKE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Corps of Engineers acid the City of
Denton desires to enter into an agreement providing for access
} and site activities for the hydropower project at Lewisville
Lake: NOW, THEREFORE
f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the City Council, contingent upon the City
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--Ta-a' of all contract and easement documents,
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Attor _
s neypP-roval
the City
hereby approves and authorizes ththe aagreementCbetwee encretary
execute and attest respectively,
thef Engirneers pr project fat
forCorps
of Denton and site United
activities States
j access s an
Lewisville Lake, under the terms and conditions being contained {
in said agreement which is attached hereto and made a part hereof.
SECTION II. That the City Council authorizes the expenditure
of fun s n the manner and amount as specified in the Agreement.
SECTION 111. That this ordinance shall become effective
immed ately upon its passage and approval.
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day of , 1988.
~ PASSED AND APPRvYED this the
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r RAY STEPHENSO MAYOR
ATTEST:
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JENNIFER WALTERS, CITY SECRETARY
APPP.OVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY APTORNEY
BY: I s^ _ 31 y~~._~-rte
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UNITED STATES
p DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS,
SOUTHWESTERN DIVISION
LEWISVILLE LAKE
ELM FORK, TRINITY RIVEk, TEXAS
MT PANDUM OF AGREHaNT
FOR SUPPORT BY ME CORPS AND
} i W ABLISHING PROCEDURES FOR ACCESS
AND SITE ACTIVITIES BY 111E
CITY OF DENTON }
PUR.Si14NT TO FEDERAL ENERGY
REGULATORY COM4ISSION LICENSE
1 FOR FERC PROJECT 3940-001
This Memorandum of Agreement, hereinafter referred to as ;
"Agreement," entered into this day of , 1988,
between the UNITED STATES OF AMERICA, acting through the Department of
the Army, Corps of Engineers, hereinafter referred to as the "Corps" and
the City of Denton, Texas, hereinafter referred to as the "COD."
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' 1 I. WHEREAS,
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A. The United States is the oa.ner and operator of Lewisville j
Dam, the associated lands and appurtenant works located
on the Elm Fork of the Trinity River, a navigable
r waterway of the United States in Denton Canty, Texas.
B. ODD served as local co-sponsor for the construction of
t Lewisville Dam and take, made an initial financial
contribution for the construction, and has made payments
f to the federal Government for the incremental first cost
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of construction of the project. Pursuant to the contract
dated December 10, 1953, by and between the United States
of America and the City of Denton, COD has a right to use
a portion of the conservation storage space in the
reservoir. In addition, COD has a water appropriation
permit from the State of Texas to impound and use water
in the conservation storage space of the reservoir for
beneficial purposes. r
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i C. COD applied for and on March 27, 1984 was issued a
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Federal Energy Regulatory Commission (FERC) Major License
Existing Project (License) to construct, operate and
maintain a facility (Project) to develop and utilize the
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hydroelectric potential of the above mentioned Corps
I facility.
D. COD will require access to Lewisville Dam and Lake and
certain Corps services during the design and constriction
of the Project.
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E. The Corps will incur certain unprogrammed costs
associated with COD's activities that will be paid for by
COD
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F. krticle 37 of the License requires COD to enter into this
Agreement to coordinate its plans with the Corps for
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access to and site activities on lands and property
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administered by the Corps so that the authorized purposes
of the existing Lewisville Dam and take are protected.
C. The Memorandum of Undertaking (MCU) between the
Department of the Army and FERC requires that hydropower
facilities that will be an integral part of or that could
affect the structural integrity or operation of a Corps' !
project shall be designed and constricted in consultation
with and subject to review and approval of the District
Fngineer, and further requires that the project licensee
will reimburse the Corps directly for all reasonable
costs associated with the Corps, review and approval of
design and construction, plans and specifications, and
the inspection of construction for power development at
j Corps projects.
H. Division Commanders have been delegated responsibility
for ass+rcing the adequacy of design, plans, and
construction specifications of licensed non-Federal
hydropower facilities that will be an integral part of or
that could affect the structual integrity or operation of
a Corps project. Therefore, approval authority of such
non-Federal hydropower facilities rests with the Division
Commander.
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j I. Article 39 of the License requires COD to enter into and
to execute a permanent operating agreement for the
l project approved by the Corps, COD will immediately
I proceed with the preparation of a draft of such an
i operating and maintenance plan, which will be executed
under separate agreement prior to initiation of the
111' Project operation.
do not affect or diminish in an
J. Terms of this Agreement Y
way the obligation of COD to meet the regulatory
requirements of section 404 of the Clean Water Act (33
U.S.C. S 1344),
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NOW TMEFORE, in consideration of the mutual stipulations and
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E agreements herein set forth to coordinate activities and outline
responsibilities during preliminary engineering, detailed design,
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preparation of plans and specifications, and construction of the
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Project, it is agreed as follows:
II. OWNERSHIP AND EASEh bIIEA S
A. Title to all property interests, structures, and
improvements held by the United States still not be
affected by this Agreement.
B. This Agreement provides consent and authoritation to COD
for access to and use of Federal Government land and
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easements for the project as described in the License and
j shown on Exhibit S of this Agreement.
l C. COD shall, subject to the License requirements and
II paragraph II.E. herein, possess title to all features,
equipments, mid land whether purchased or installed by
ODD and associated with the construction of the Project,
including but not limited to the following: a powerhouse
structure and its appurtenances, all turbines and
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associated facilities within the powerhouse structure, a
take-out structure and gate, a switchyard and
interconnection facility line to the Denton County
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Electric Cooperative distribution line.
D. The Corps shall have access to the Project in accordance
with and for the purposes set forth in Article 38 of the
License.
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E. In the event of a transfer of the License, COD shall
transfer title or agreements of all lands or rights
acquired from the United States for the Project, at time
H of initial or subsequent executions, to the United States
for re-execution with the new recipient of FERC license.
' In case of a surrender of the License, not involving a
transfer, COD shall also transfer such title or
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agreements to the United States.
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III. CONSTRUCThN
A. Construction on any of those features that will be an
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integral part of, or that cculd affect the structural
integrity of Lewisville Dam and Lake shall be performed
` according to designs, plans and specifications reviewed
and approved by the Corps. Any modifications to
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Corps-approved designs, plans and specifications, and
items where there is a continuation of design during
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and approval
prior to cortmencement of work. Prior to ~
commencement of Project construction, COD and the
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construction contractor or contractors shall meet with a
the Corps to discuss aspects and requirements of the
Project construction process which could affect
i Lewisville Dam and Lake operation and safety.
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B. COD agrees to submit to the Corps for approval a work
area plan which defines the limits of construction, work
areas and storage areas for equipment and supplies, When
practical, work areas shall be determined such as to not
obstruct public recreational access to fishing areas
during construction except during construction of access
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Alteration of recreational facilities, including
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construction, will be at the expense of COD,
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C. COD shall be responsible for inspection during
construction of all Project features to assure
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f :onfommnce with contract plans and specifications, as
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j approved by the Corps. COD shall inspect construction of
those Project features that are an integral part of or
could affect the structural integrity of Lewisville Dam
and Lake to assure compliance with approved plans and
t specifications. COD shall provide the Corps access to
the construction site at all times and an up-to-date
1 construction schedule, including any modifications. The 1
Corps shall have the right and intends to inspect the
construction of those features which could affect the
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structural integrity or operational adequacy of
Lewisville Dam and Lake, and COD and the FERC Regional
Fngineer shall be notified by the Corps of any
unacceptable construction activities or of any
constriction inconsistent with approved plans, This
right to inspect shall in no way relieve CAD of the full
responsibility for inspection and compliance with
contract plans and specifications. The Corps retains the
authority to stop construction in cases presenting an
` imainent danger in the opinion of the Corps to the
structural integrity, operational adequacy or safety of
Lewisville Dam and Lake.
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D. The Corps will cooperate with COD to facilitate
construction of the Project, including routing the
releases through the outlet work gates; rop yided,
however, that such cooperation does not interfere with
the authorized purposes of Lewisville Dam and Lake.
Flood conditions in the reservoir may require
interruption of construction activities to evacuate flood
waters.
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E. COD agrees that all on-site r:instruction will be
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accomplished in a ccmpetent, workmanlike manner in
accordance with existing FERC approved construction
safety riles and regulations, including adequate safety
precautions, so as not to constitute a hazard to the
public. i
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F. CAD agrees to submit to the Corps for its approval a site
restoration plat. based upon preconstruction conditions
and to restore the site in accordance with that plan.
G. COD shall provide the Corps, at no charge, copies of all
a "record drawings" of the Project features directly
related to the structural integrity or operational
adequacy of Lewisville Dam and Lake, as determined by the
Corps, Such drawings shall be provided within 90 days
after completion of construction of the Project. Upon
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' written request by the Corps, COD shall provide specific
construction data, such as drilling logs or additional
"record drawings" as may exist for the Project, within 30
days of said request.
IV. COORDINATION
COD agrees:
A. To submit to the Corps a detailed schedule with projected
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dates for the submission of designs, plans and
specifications of any structures which will be an
integral part of, or which could affect the structural
integrity or operation of, Lewisville Dam and Lake.
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B. To submit to the Corps 10 copies of all designs I
(including calculations), plans and specifications, and I J
! any other written material, required by this Agreement,
the License or by the FERC to be reviewed and approved by
the Corps.
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V. OPERATING ArAE9,MNI'
ODD agrees to prepare a draft operating agreement as
provided by Article 39 'of the License within 90 days of
the date of executir•R cf this Agreement, and to work
diligently toward th-a execution of a final operating
agreement for the Project. The final operating agreement
shall be executed before completion of construction,
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Vi. PAYMENT OF CORPS COST
k A. The Corps will review the hydropower project design at
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the written request of COD to assure that subject
facilities will not adversely affect the integrity or
operation of existing project structures. The scope of
work for the review activities is attached and marked as
Exhibit "A'} and forms a part of this agreement as if
N incorporated herein.
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f B. COD will pay the Corps for all review activities
{ performed. Work which the Corps is expected to perform
is estimated to cost $60,000. Government regulations
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state that required funds must be provided in advance of
any work activities. Therefore, COD will provide the
Corps an advance payment of $60,000. The Corps will
account for all work performed for requested services.
At the termination of this Agreement, the Corps will i.
return all surplus funds to COD. Should the anticipated
services cost in excess of 560,009, the Corps and COD
will negotiate to determine the appropriate amount of
r additional funds necessary to complete the requested
work. Should COD fail to provide full funding at any
time, the Corps w11 innediately cease all review
1 activities until full payment is obtained.
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C. In undertaking review, the Corns shall use diligency in
responding with review comments, approvals, and/or
disapprovals in a timely manner.
l D. COD shall advance additional amounts, upon written `
' notification of prospective expenditures that could
overdraw the funds available, for the direct costs, as 4
defined below, incurred by the Corps associated with the 1
review of engineering, design, construction and operation
of the Project. Such additional amounts shall be paid
within 30 days upon receipt of a request from the Corps.
A quarterly accounting of all costs incurred by the Corps
for services performed shall be provided to COD. All
payments shall be made to the "Finance and Accow►ting
Office USM, Fort Worth", and mailed or otherwise
delivered to the Finance and Accounting Office, Fort
Worth District, U. S. Amy Corps of Engineers, ATTN:
CESWF-RM-F, P. 0. Box 173011, Fort tiorth, Texas,
76102-0300.
E. Corps charges for the following services in connection
with COD's activities shall be applicable:
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1. Preparation of technical studies at the request of
OOD relating to the Project operation, structural
integrity of Lewisville Dam and Lake, or any other
1 matter associated with the Project.
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2. Review of designs, plans and specifications, and
construction contract Tndifications of Project
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features where such review is directly related to
the structural integrity or eneration of Lewisville
Dam and Lake.
3. Site visits and construction inspections by Corps
personnel at the request of COD or as deemed
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necessary by the Corps.
4. Provision of copies of reports, drawings, and
similar data requested by COD.
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S. Consultation other than routine telephone
conversations with CUD which involve more than an
incidental amount of Corps personnel time,
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6. Periodic inspections of the hydropower Facility by
the Corps, which will initially be on an annual
basis.
S, Repairs or replacement of any facilities damaged by
COD's Project activities.
8. Providing visitor protection services, including
installation of warning signs, barriers, etc.
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"Direct costs" as used herein shall include hourly charges including
overhead and administration for time incurred by Corps personnel
providing the aforementioned services, travel charges incurred for site
visits and meetings in connection with designs and specifications, mail
costs, and copying costs; provided, however, that no charge shall be
assessed for information, services, or relationships that would normally
be provided to the public at no charge.
YII. LIABILITY
i A. COD agrees to indemnify and hold harmless the Corps, its
agents and
employees from any loss or damage or
1r, liability on account of personal injury, death, property
damage, or other claims reduced to judgment or as
mutually agreed to by COD and the Corps, so long as and
to the extent that such loss, damage or liability is
caused by the intentional tortious acts or negligent acts
or omissions of COD pursuant to this Agreement, except
for any loss, damage or liability caused by the
intentional tortious acts or negligent acts or omissions
of the Corps. Nothing herein shall impose liability upon
ODD due to the construction, operation, or maintenance of
r Lewisville Dam and Lake by the United States. Nothing
i= herein shall impose any liability upon the United States
due to the construction, operatic.a, or maintenance of the
Project by COD.
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B. For the purpose of fulfilling its obligation under this
paragraph, COD shall procure and maintain or require the
general contractor to procure and maintain during the
term of this agreement and any extensions thereof,
liability insurance of at least $500,000 per occurrence
for bodily injury and property damage and an excess
liability policy in the amount of at least $5,000,000, r
„s The nand insured parties under the policy shall be COD
and the United States of America. Each policy or
certificate evidencing the insurance shall contain an
endorsement which provides that the insurance company
will notify the Corps and COD 30 days prior to the
effective date of any cancellation or termination of the
policy or certificate or any modification of the policy s
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or certificate which adversely affects the interest of
a. i
the United States Government in such insurance. The
notice shall be sent by registered mail and shall
identify this Agreement, the name and address of COD, the
policy, and the insured.
Within 30 days of execution of this agreement or prior to
commencement of work, whichever occurs first, COD shall
furnish the Corps with acceptable evidence showing that
r the insurance coverage described in this clause has been
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obtained.
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VIII. OFFICIALS NOT TO BENEFIT
A. No member of or delegate to U. S. Congress shall be
admitted to any share or part of this Agreement or any
benefit that may arise herefrom.
B. No official of COD shall receive any benefit that may
arise by reason of the execution of this Agreement other
than as a consumer of electricity produced by the
completed Project.
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IX. TERM OF AGREEI4I'NP
This agreement shall became effective on the day of execution I
by the United States and shall terminate upon the final I
accounting of all costs and !
payment after completion of I
1 construction.
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X. ASSIGVW
F I
The benefits and obligations of the Agreement may be assigned
by either party. This Agreement shall be binding upon any
assigns or successors of the Corps or any assigns or
successors to COD Approved by FERC.
XI4 NOTICES
,I
Any notice, demand or request authorized or required by this
j Agreement shall be deemed to have been given, on behalf of
COD, when mailed, postage prepaid, or delivered to the
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District Engineer, U.S.Army Corps of Engineers, P.O. Box 17300
-j Fort Worth, Texas 76102.0300, and on behalf of the United
States, when mailed, postage prepaid, or delivered to the
Executive Director of Utilities, City of Denton, 215 E.
McKinney Street, Denton, Texas 76201 or in case of notice to
the FERC Regional Engineer when mailed 730
Peachtree Street.,
NE, Room 800, Atlanta, Georgia 30308. The designation of the
Addressee or the address may be changed by notice given in the
same manner as provided in this article for other notices.
XII. MODIFICATIONS
The provisions of the Agreement may be modified or added by
written mutual agreement of the parties.
UNITED STATES CITY OF DENTON
DEPARTMW OF TIM ARMY
r
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BY By i
Brigadier General, U.S.A. City Manager
Division Engineer City of Denton; Texas
Attachments: Exhibit A
Exhibit B
A
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lYC042188024 16
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EXHIBIT A
SOOPE OF WORK
1, Review by the Corp will be directed toward the following concerns:
a. General Hydrologic and Hydraulic review including, but not
limited to, rated discharge of turbines; daily operation
conditions; lake level and tailwater fluctuations; surge
pressures and vibration tendencies; powerhouse operation
impacts
pa__,cts . on flood control procedures; cofferdams; maintaining I
low flow requirements during construction; alterations to
existing conduits; and multiple release facilities.
Additional guidance is provided in MEN-CWE-HD latter dated 17
June 1981, subject: Small Hydropower Facilities at Corps of
Engineers Projects Combined with Water Quality and/or Flood
Control Release Facilities.
i
b. Structural review including, but not limited to, compliance
with Corps of Engineers' structural design criteria;
overturning an%' sliding stability; uplift; design uni%
stresses and live loads; reinforced concrete desi
I gn; seismic
design (where required); code requirements; and loading
y combinations.
F
IYCO42188026 1
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V
C. Geotechnical review including, but not limited to, exploration
and materials testing; cofferdam design; connection to Corps'
structures; driving effects of pile driving; emergency
measures related to cofferdam overtopping/failure; dewatering;
underseepage control and scour protections; cofferdam removal;
excavated slope safety factors; excavation; blasting in
vicinity of Corps' structures; breaching Corps' structures;
material disposal; foundation preparation, treatment, and
construction; backfill operations; instrumentation;
piezometers; and surface settlement and horizontal movement;
and any other dam safety related itens. c
i t
d. Environmental impacts which could result from construction or
continued operation of the hydropower addition. r
i
3. Items that OOD anticipates it will submit for review include, but
n
tJ.' are not limited to, the following;
3
i a
a. utilization of and modification to the existing conduit
b. penstock
c. plant layo4lt
,s
d. outlet/stilling basin
e. control of releases during construction
f. conduit routings
f
g0 discharge channel
h. switchyard
i. access to project
j J. project operations and inspection after constnxtion
i
1YCO4,2188026 2
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4. Discipline bearing on review activities include, but are not
limited to, the following:
k a. Stuctural Engineers
b. Hydraulic Enginee-s
c, Civil Fngineers
d. Mechanical Engineers
e. Electrical Engineers
i
f. Hydrology
g. Geology
h. Soils
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Exhibit B
Parcel A
A permanent easement for the purpose cf creating a right-of-way to
access the Lewisville Dam Hydroelectric Project and its related facilities
with right to improve, operate, and maintain the facilities and
right-of-ways located in tracts 81130 B117, and 3118 of the Corps of
Engineers Lewisville Dam real estate plot in Denton County. Texas;
consisting of 1.32 acres; and described in Attachment 1.
Parcel 8
A temporary easement for the purpose of access to construct the
Lewisville Dam Hydroelectric Project and its related facilitiesi located in
k tracts 8113, B1179 and 8118 of the Corps of Engineers Lewisville Dam real
estate plot in Denton County, Texas$ consisting of 2.73 acres and ; P
described in Attachment 2.
\:cs
Parcel C
A temporary easement for the purpose of spoil of excess construction
excavation and temporary stockpiling of construction material, to be
located to specified and required by the Corps of Engineers.
E
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A_trchment 1
Lewisville Dam Nvdroelecerie Pro iect
s. -
` Parcel A
I A tract consisting of 1.32 acres, located in Denton County, Texa*, on
IIII
the property of the United States Army Corps of Engineers.
Beginning at a point on the northern edge of the boundary which is a
distance of 255.51 feet along a line of S 14° 09' 03" E from the centerline
of Lewisville Dam at STA 149+16.00, the intersection of the dam centerline
and the outlet works.
Thence, along the northern boundary in succession
N 150 50' 51" E - 153.50 feet
S 59° 09' 03" E - 84.00 feet
•
Thence, along the eastern 'oundary in succession
S 140 09' 03" E - 110.00 feet
S 30° 50' 51" W - 160.00 feet
Thence, along the southern boundary
I S 150 50' 51" W - 69.26 feet
I ~ I
Thence, along the western boundary in succession
N 140 09' 03" W - 216.04 feet
4 N 390 33' 31" W - 22.14 feet
S 150 50' 51" W - 48.00 feet
N 140 09' 03" W - 25.00 feet
S 150 50' 51" W - 40.00 feet
.t 240 09' 03" W - 21.69 feet
Thenceo along the northern boundary
N 150 50' 51" E 61.00 feet
to the origination point
4
f~ Atta_ ch,nent 2
4' ~ i..
;y Lewisville Dam Hvdroelectr_ic Proiect
Parcel B
r - A tract consisting of 2.73 acres, located in Denton County, Texas, on
the property of the Unfta' ;[arse Army Corps of Engineers. :y'
Beginning at a point on the northern edge or :he boundary whieh is e
distance of 247,51 feet along a line of S 14° 09 03" E from the centerline
of Lewisville Dam at STA 169+16.00, the intersec_ion of the dam centerline
and the outlet works.
;
Thenee, along the northern boundary in succession
5 3 ,
N TS° 50' S7" E - 145,50 feet
S 59° 09' 03" E - 39.60 feet
' ~Y
N 75° SO' S)" E - 300.00 feet ~
Thence, along the eastern b°undary in sua easion
S 14° 09' 03" E - 155.GJ feet
9 75° SO' S7" W - 220,60 Eeet
9 14° 09' 8!" E - 8000 feet
S 30° SO' S7" W - 68.00 feet
S lbu 09' 03" E - 54.46 feet
Thenee, along ;he southern boundary
9 75° SO' S1" W - 285.62 feet
1 Thence, along the western boundary in succession
N 14° 09' 03" W - 296.04 feet
~ .
9 7S° SO' 37" W - 27.00 fete
N 14° 04' 03" W - 2500 feet
.1 9 75° SO' S7" W - 40,00 feet
• ~ N l4° 09' 03" N - 24.49 feet
Thenee, alon the
no
8 rth
„ € y
ern bounder
I~ N 75° SO' S7" E - 67.00 Eeet
to the origination point
1,
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DATE: Jlily 5, 1988
i CITY COUNCIL AGENDA ITEM
TO: hIAYOR AND MEMBERS OF THE CITY COUNCIL
` FRM Lloyd Harrell, City Manager
r SUBJECT: M[JIlIAL USE AGREEMENTS BETWEEN MIE CITY OF DENTON AND CITY OF
I> LEWISVILLE, CITY OF DEM1TON AND CITY OF CARRO117N FOR 800 MHz
` TRUMM MfUNICATION
I
y RECODMENDATION:
f Staff, comprised of Polire Departilent, Fire Department and
Communications Division reco¢mend approval.
SU44ARY:
Agrecment will legally authorize the use of designated fleets for
inner-city and system communication back-up support.
BACKGROUND
This was one of the primary objectives designed into the City of.
Denton new 800 MHz radio system. The Lewisville and Carrollton
systems are compatible allowing communication on an as needed basis
between these entities. The systems also serve to bnck each other
up in the event one system is lost due to natural disaster, etc.
PROGRAMS, DEPA TENTS OR GROUPS AFFECCED:
City of Denton, all Departments utilizing radio communications, for
the service and protection of :As citizens.
f y
1
5
FISCAL IMPACT:
I
{ No cost associated with this agreement. Savings of an incalculable
! amount could be realized in the event of disaster, etc.
i Respectf y submitted,
v~
oy arre ty an g.r
PREPARED BY:
1
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e s, uper nten en
E ctric Meter
ing/Substations
APPROVED BY:
f t
C g
e son, execZI43"c"
utive rector
Department of Utilities
Exhibit 1 Letter of Agreement, City of Carrollton, Texas
x II Letter of Agreement, City of Lewisville, Texas
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2275L
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NO.
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS
TO EXECUTE A MUTUAL USE AGREEMENT BETWEEN THE CITY OF DENTON AND
THE CITY OF LEWISVILLE FOR AN 800 MHz TRUNKED COMMUNICATION
SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
i
j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement etween the City of Denton and the City of Lewisville
for the purpose of providing radio communications in support of
' police, fire and other governmental operations, under the terms
and conditions contained in said agreement, which is w - !d
hereto and made a part hereof.
SECTION II. That this ordinance shall become effective
imme atai `e y upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY O MAYOR
ATTEST:
JENNIFER O CITY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DbAYOVITCH, CITY ATTORNEY
i
BY: ~w.an
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2275L
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*CITY MENT BETWEEN THEL
MUTUAL USE A
ICATIO
THE STATE OF TEXAS 4 CITY OF DENTON & OF
OF DENTON § FOR 800 MHz TRUNlCED COMMUNICATIONS
COUNTY Texas
is made between the City of Denton,
and the City of Lewisville, Texas ("Lewisville"),
This Agreement
Denton
as follows: RECITALS i
operates and maintain 800
sp urPose
stems („System"), of their
Denton anc ommunication h awn, in suppofor rt the p
MHz trunked radio communications ernmental operations.
of providing fire, and other g I
respective police, into this Agreement to
wish to enter {
tems as a
x. `
Denton and Lewisville of their respective Sys stem of
Provide for the mutual use stem in cases where the toY provide
substitute communications ional Sy o otherw olice, medical
arty is not operate ise fails, to render
either Party communications between whenf necessary
for emerg ective p rovide for communication
or personnel ° the Other' and to pp other case that
assistance to artiee in any carry on their
part
r desirable to
capabilities find find or b necesetwesenary o
both the
parties
respective oporations, of Tex. Rev. Civ. Stat.
NOW, THEREFORE, under the authority
. 4413 (32c), and in consideration of the following
Ann art
. the parties agree as follows: use
covenants, allow Lewisville to
of S stems. Denton shall Each
1, Use Lewisville shall allow Denreement use the
the Denton ystem, sin accordance with thifor gthe operation,
S stem, responsible use Of
Lewisville y ell times be In making
party shall at stem' licable federal
and control of its own Sy all app use of the
maintenance, each party shall abide by 011 making of the
either System, ulatiote, and regulations
and state laws and rthe written rules of the fleet and
System of the other, is assigned t andusfleet names, o the
other. Each party b
r followsers,
espectiveiSystems,aaso
reap
i,r;`
System Fleet Subfleeting Fleet
3 Stem Name ID Number ID Number Numbers Name
A. City of Denton 0OB12 300 1-15 DPD
0OB12 400 1-15 DFD
j 00728 600 1-15 LPD
y 00728 700 1-15 LFD
0OB12 500 1-15 MAF
00728 100 1-7 DBU
00728 101 1-7 DBU
01201 401 1-15 CBU
600 1-15 LPD
B. City of Lewisville 00728 1-15 LFD
: 00728 1-00 1-15 DPD
0OB12 300 1-15 DFD
0OB12 400 1-15 DFF
0OB12 500
2. Term• Termination. This Agreement shall begin on the
date o execut on 5y~oth parties and continue in force from
year to year unless terminated as follows:
(a) Either party may terminate this Agreement at
any time by giving thirty (30) days advance
written notice to the other.
(b) If either party shall per.ianently discontinue
oeration of terminate on its Sdatem~the ioperationn of tithe
system is discontinued.
3. Liability. Neither party shall make any claim against
the othvr~neither party shall be liable to the other, for
an actual or consequential damages or losses suffered by the
other or a third party, arising from any breakdown, malfunction,
failure, use, the manner or use, or the loss of use of either
Syatem, however caused, whether by the negligence of either
party, their respective officers' employees, agents,
contractors, or otherwise.
4. Assi nment. Neither party shall assign this Agreement
to any-other party without the prior written consent of the
other.
5. Entire A reement. This Agreement embodies the whole
Agreement o t e parties. There are no promises, terms, condi-
tions, or obligations other than those contained, or referenced
PACE 2
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herein. This Agreement shall supersede all previous communica-
tions, representations, or agreements,
modifications verbal
this
Agreement shall be in writing and approved by both parties.
6. Notices. Unless notified otherwise in writing, all
notices requ red to be given to either party shall be in
writing and delivered in person or sent by certified mail to
the respective parties at the following addresses:
I
To Denton: To Lewisville:
City Manager
215 East McKinney
Denton, Texas 76201
7. Authorit to Si n. Each party represents to the other
that the un ere gne o cers or agents of the parties signing
this Agreement are the properly authorized officials and have
the necessary authority to execute this Agreement on'behalf of
the parties and that any necessary resolutions or ordinances
extending said authority have been duly passed and are now in
full force and effect.
Executed this the Zjk6 day of 1988.
0
+ CITY OF DENTON, TEXAS CITY OF LEWISVILLE, TEXAS
j
BY., BY:
RAY 1 6V ATTEST:
s i
jENNI ER I 't , CITY SECRET
~TARY
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM;
DEBAR ADAMI DRAYOVITCH CITY ATTORNEY
CITY ATTORNEY
BY: BY:
PAGE 3
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DATE: July S. 1988
I
CITY COUNCIL AGENDA ITEM
TO: MAYOR ARID MEMBERS OF THE CITY COUNCIL
j FROM: Lloyd Harrell, City Manager
i
I SUBJECT: MUTUAL USE AGREEMENTS BETWEEN 7M CITY OF DENYON AND CITY OF
LEWISVILLE, CITY OF DENTON AND CITY OF CARROLLTON FOR 800 MHz
7RUNKED COMMUNICATION
RECOMMENDATION:
Staff, comprised of Police Department, Fire Department and
Communications Division recommend approval.
S1M`ARY
Agreement will legally authorize the use of designated fleets for
inner-city and system communication back-up support.
BACKGROUND
This was one of the primary objectives designed into the City of
Denton new 800 MHz radio system. The Lewisville and Carrollton s
systems are compatible allowing communication on an as needed basis
between these entities. The systems also serve to back each other
up in the event one system is lost due to natural disaster, etc.
PROGRAMS, DEPARMUS OR GROUPS AFFECTED:
City of Denton, all Departments utilizing radio communications, for
the service and protection of its citizens.
i
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IR
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FISCAL IMPACT:
No cost associated with this agreement. Savings of an incalculable
amount could be realized in the event of disaster, etc.
Krre y submitted,
, ty ager
PREPARED BY:
e s, uper nten en
4Ect/Substations
ric Me teringAPPROVED BY:
t
e Vs ut ve rector
Department of utilities
Exhibit I Letter of Agreement, City of Carrollton, Texas
II Letter of Agreement, City of Lewisville, Texas
,i
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14
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S,rZR
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2277L
NO.
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS
TO EXECUTE A MUTUAL USE AGREEMENT BETWEEN THE CITY OF DENTON AND
THE CITY OF CARROLLTON FOR AN 800 MHz TRUNKED COMMUNICATION
# SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
THE COU14CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement en the City of Denton and the City of Carrollton
for the purpose of providing radio communications in support of
police, fire and other governmental operations, under the terms
a and conditions contained in said agreement, which is attached
hereto and made a part hereof.
SECTION II. That this ordinance shall become effective
iii immediately upon its passage and approval.
1
PASSED AND APPROVED this the day of , 1988.
i
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ATTEST:
JENNIFER , CITY SMETAR
y
APPROVED AS TO LEGAL FORM:
{ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: O ,LYu1 _r
i
4
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2277L
,rHE STATE OF TEXAS MUTUAL USE AGREEMENT BETWEEN
CITY OF DENTON S CITY OF
CARROLLTON FOR 800 MHz TRUNKED
COUNTY OF DENTON COMMUNICATIONS
This Agreement is made between the City of Denton, Texas
("Denton"), and the City of Carrollton, Texas ("Carrollton"), as
follows:
RECITALS
6
Denton and Carrollton both own, operate, and maintain Boo MHz
trunked communication systems ("System); for their the purpoectseive
providing radio communications in support
police, fire, and other governmental operations.
Denton and Carrollton wish to enter into this Agreement to
provide for the mutual use of their respective Systems as a
substitute communications system in cases where the System of
either party is not operational or otherwise fails; to medical or
for emergency communications between the fire, police,
personnel of respective parties when necessary to render
assistance to the othert and to provide for communication
parties find necessary oredeparties sirable in any other that
on their
both capabilities
respective operations.
NOW, THEREFORE, under the authority of Tex. Rev. Civ. Stat.
Ann. art. 4413 (32c), and in consideration of the following
covenants, the parties agree as follows
1.nS8 OF tiYSTS!l,4. Denton shall allow Carrollton to use the
Denton System, and Carrollton shall allow Denton to use the
Carrollton System, in accordance with this Agreement. Each party
making ~oass of either maintenance, System,
and l control all of times
its own rSystemiblIn for
each party shall abide by all applicable federal and state laws
of the other,
and when making the other.
and ireplatttenions, and
the wr
2. This Agreement shall begin on the date of
execution by both parties raid continue in force from year to year
unless terminated as follvwss
(a) Either party may terminate this Agreement at any time by
giving thirty (30) days advance written notice to the
other,
f
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4
(b) If either part shall
y permanently discontinue operation
of its System, this Agreement shall terminate on the
date the operation of the System is discontinued.
3. LIABILITY. Neither party shall make any claim against the k
other, and neither party shall be liable to the other, for any
actual or consequential damages or losses suffered by the other !
or a third party, arising from any breakdown, malfunction,
failure, use, the manner or use, or the loss of use of either
System, however caused, whether by the negligence of either j
party, their respective officers, employees, agents, or I
contractors, or otherwise. j
I 4. ASSIGNMENT. Neither party shall assign this Agreement to any `
other party without the prior written consent of the other. !
5. EUIRB AGREEMENT. This Agreement embodies the whole }
Agreement of the parties. There are no promises, terms,
conditions, or obligations other than those contained, or
referenced herein. This Agreement shall supersede all
previous communications, representatijns, or agreements,
either verbal or written, between the parties and all
I modifications of this Agreement shall be in writing and
approved by both parties.
6. ACES. Unless notified otherwise in writing, all notices
required to be given to either party shall be in writing and
delivered in person or sent by certified mail to the
respective parties at the following r,ddressess
To Dentons To Carrolltons
City Manager City Vinager
215 East McKinney 1945 Jackson Road
Denton, Texas 76210 Carrollton, Texas 75006
7. AUTHORTT'Y TO SIGN. Each party represents to the other that
the undersigned officers or agents of the parties signing
this Agreement are the properly authorized officials and have
the necessary authority to execute this Agreement on behalf
of the parties and that any necessary resolutions or
! ordinances extending said authority have been duly passed and
are now in full force and effect.
Executed chin the _ day of , 1988.
i
CITY OF DENTON, TEXAS CITY OF CARROLLTON, TEAS
r BY. BYt
r RAY STEP HENS, PIAYOR MI NAGERER
f
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ATTEST: ATTESTt
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t
F 11
l✓Llaev~~
JENNIFER WALTERSo CITY SECRETARY NICE GARB SON, CITY SECRETARY
s
APPROVED AS TO LEGAL FORMt APPROVED AS TO LEGAL FORMt
DEBRA ADAMI DRAYOVITCH, KAREN BROPHY,
CITY ATTORNEY CITY ATTORNEY
t
BY I Q 1 '(1~1 BY:
.
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DATE: 07/05/88
j
CITY COUNCIL REPORT FORMAT
TO: Mayor and Mewbers of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Adoption of an ordinance authorizing the conveyance of a tract of land
consisting of approximately 2,907 square feet to Theron Gerald Snider, Jr.;
accepting the conveyance of a tract of land consisting of approximately
2,905 square feet from Theron Gerald Snider, Jr.
RECOMMENDATION:
i
The Planning and Zoning Commission considered this item at its meeting of
April 27, 1988 and recommended, by a vote of 7-0, an exchange of properties K
at Woodrow Lane.
SUMMARY:
This is a city initiated request for approval of the exchange of a city
owned tract west of Woodrow Lane for a tract fronting on Woodrow Lane
owned by Theron Gerald Snider, Jr.
BACKGROUND: i
The tract on Woodrow Lane is needed for the Woodrow Lane street
project. The city owned tract is excess property south of and adjacent
to Mr. Snider's tract at Woodrow Lane and East McKinney Street. j
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
N/A
FISCAL IMPACT:
This exchange will give the city a portion of the property needed "or the
Woodrow Lane project without expending y funds.
Res rtfi ly/buh ed:
Llo d V. Harrell
City Manager
Prepared by:
z i Evans
Pla ing Administrator
A r o d
PP
%&_1!
Frank H. Robbins
Executive Director for
Planning and Development
~4 f
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2294L
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NO.
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A TRACT OF LAND CON-
SISTING OF APPROXIMATELY 2907 SQUARE FEET TO THERON GERALD SNIDER,
JR.; ACCEPTING THE CONVEYANCE OF A TRACT OF LAND CONSISTING OF
APPROXIMATELY 2905 SQUARE FEET FROM THERON GERALD SNIDER, JR.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to transfer ownership of a tract of
land located at Woodrow Lane and McKinney Street and consisting of
approximately 2907 square feet; and
WHEREAS, said tract, because of its shape and smell area, can-
not be used independently under current zoning and Theron Gerald
Snider, Jr, having agreed to dedicate 2905 square feet of right of
way to the City, in exchange for the conveyance by the City of the
tract described in the above paragraph, said tracts being
approximately equal in value; and
WHEREAS, the requirements of Section 272.001, Local Government
Coale and Section 2.70 of the Code of Ordinances, having been fully
1 complied with and met, in all respects; NOW, THEREFORE,
w
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby accepts the conveyance
by TI-e-r-on-G-Fild Snider, Jr. of the tract of land described in s
Exhibit "A", attached hereto and incorporated by reference herein.
i
SECTION II. That, upon receipt Of such conveyance, the Mayor
is hereq auM-orized to execute a quit claim deed for the property
described in Exhibit "B", attached hereto and incorporated by
reference herein to Theron Gerald Snider, Jr.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY STEPHENSP MAYOR
I
4 ATTEST:
i
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: Q
4
F
tan - eV,FCtara nags Tuu an"a.ao Ira
~+a~il~n r:1.'STJYI~'ii 'h{"rCht a:al TZ'i-\: ~:-..w.~2h\:a-liZlatSSl1. rl r~i
114P otaft of xeXago B:fmtt2 All ern by tl:4eae Vreaenta:
' County of DENTON
1 That THE CITY OF DENTON, TEXAS
I
of the county of Denton and State of Texas for and in consideration of
I
the sum of TEN AND N01100 (110.00)-------------- DOLLARS
and other good and valuable consideration
to it in hand paid by Theron Gerald Snider, Jr. j
- of the County of Denton and State of Texas , the receipt of which
f is hereby acknowledged, does , by these presents BARGAIN, SELL, RELEASE, AND FOREVER
QL IT CLAI3L unto the said Theron Gerald Snider, Jr. a
g heirs and assigns, all its right, tide and interest is and to that certain tract or •I 1
parcel of land lying ,n the Count of li
y Denton State of Texas, deuribrd as follows, to•w,t: 1
ALL that certain lu tract or parcel of land lying and being situated in the City y
l
? and County of Denton, State of Texas, sad being part of the J. Broth Survey, Abst. t
J No. SS and also of being part of a tract of land as conveyed from Alex Dixie et tax '
to City of Denton, Texas by deed dated March 1907 and recorded in VoIuat M. Page -
680 of the Deed Records of Denton County, Texas, and more particularly described as
follows. 'i
867INNING at the northeast corner of said City of Denton tract, same bean; the I'
r southeast corner of a tract conveyed from Naomi Snider Motrla to Theron Carold
Snider, Jr. by deed dated August 8, 1979 and recorded in Volume 961, Page 908 of
the Deed Records of Denton County, Texas;
t THENCE south 20 OS' 06" east along the east boundary line of said City of Denton i
tract ■ distance, of 22.37 feet to a point for cornert -
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THENCE south 890 35' 03" vest south of and parallel to the north boundary line i l
said City of Denton tract and the south boundary line of Snider tract a distance of j
r 131.16 feat to a point lying in the east right of tray line of a north south public I~
road known as Woodrow Lane for cornerl
THENCE north 030 34' 01- east along the west boundary line of said City of Denton
y tract and the east right of way line of said Woodrow Lane a distance of 22.4 feet
to a point lying in the north boundary line of said City of Denton and the south
boundary liar of said Snider tract for corneal ~ f
THENCE north $90 33' 03- east along the north boundary line of said City of
Denton tract and the so,.ch boundary line of said Snider tract a distance of 128.93 '
feet to the Point of Cegltaits and containing 2907.30 square feet of land.
t i TO HAVE AND TO BOLD the said premises, together with an and siarptaGr the rights, privileges
and appurtenances tbereto in any manner belonging unto the said Theron Gerald Snider, Jr.
his heirs and assigns forever, so that neither the laid
3 City of Denton, Texas, its successors and assigns
JJ
E90t itd+s, nor any person or persons claiming under it aM1d1, at any time +i
hereafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any
a f part thereof. p
WITNESS my hand at Denton, Texas this ,
I day of A. D. 19 88 0+ Witness at request of Grantor: CITY OF DENWN, TEXAS,.
ATTESTI bYt.... .
RAY STEPHENS, MAYOR
JENNIFER'WALTERS,, CITY"SECRETARY
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P 6 Z Minutes
April 27, 1911
Pape 7
Ms. Evans said that this orfiaance would allow the City
Manager to negotiate disposition of property that cannot
be separately developed. The Zevelopaent Review Committee
recommended the disposition of the property on kilson
Street in exchange for property on Lokey Street.
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DECISION: Ms. Brock moved to recommend approval of the
spos tiaa al property on kilson street. Seconded by
Mr. Xamaan and unanimously carried (7-0).
D. U-46. Request for property disposition at koodrow Lane.
STAFF REPORT: Mr. Clark said that the City of Denton had
excess property south of T. Gerald Snider, Jr. 's property
on koodrow Lane. He said that as put of the koodrow Lane
street wiaening project, a portion of property 1s needed
from Mr. Snider. The City's property 1s 2907.3 square
feet and hr. Snider's property is 2905.68 square feet.
Ms. Evans said that the Development Review Committee and
the Public Utilities Board recommended approval of the
property exchange.
f DECISION: Ms. Brock moved to recommend approval of the
Ii spos Zion of property at koodrow Lane. Seconded by
1 Ms. kiker and unanimously carried (7-U).
IV. DIR_ECTOR'S REPORT.
Mr. Robbins discussed the upcoming agendas with the Commission
The upcoming agendas were agreed upon as follows:
idy May 11 Regular Meeting
Public Hearing and Consideration- Landscape/Tree
Preservation Ordinance
May 11 - Special Meeting
CIP Recommendation
may 2S - Regular Meeting
Lakeview, Sunmcunt Public Hearings
June Ol - Special Meeting
Public Hearing aid Consideration - Denton Development Plan
June Of - Regular Meeting
Mr. Robbins said City Council his requested that a member of
the Planning and Zoning Commission be appointed to the Blue
Ribbon Committee for Solid waste.
Mr. Claiborne nominated Mr. Glasscock for the committee.
Mr. Glasscock agreed to serve. All Commissioners concurred.
Meeting adjourned to the Civil Defense Room at 6:4S p.m.
V. ADJWRN TO
IX, L
A WORK SESSION IN THk CIVIL DEFENSE ROOM TO DISCUSS
Mr. Robbins gave a recap of what had happened at the Joint
PUB/Pit and the April t0, 1911 meeting of the Commission.
Mr. Robbins said that the executive staff his reviewed the
projects and has side a recommendation to the Commission on
the non-utility projects.
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July 5, 1988
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: CONSIDER RESOLUTION FOR ACCEPTANCE OF UENTON COUNTY
` REGIONAL WATER/WASTLWATER STUDY MASTER PLAN.
f RECOMMENDATION:
The Utilities Staff recommends to the City Council and Public
Utilities Board that they accept this Denton County Regional
Water and Wastewater Study Master Plan and continue to support
and participate in its implementation. }
' BACKGROUND/SUMMARY:
In 1986, twenty-five municipalities and water supply
corporations met to discuss present and future water and
wastewater needs for Denton County. The outcome of those _ i
meetings has resulted in a Master Plan through the year 2010.
The City of Denton has been a leader in this effort with Robert
E. Nelson, Executive Director of Utilities, serving as the
Steering Committee Manager, along with Commissioner Lee Walker
as Chairperson. Espey, Huston and Associates with Tom Taylor,
Firm Principal, consulted with the Steering Committee to create
the Master Plan.
Financing of this effort was on a population pro rata basis by
all twenty-five entities participating. The State of Texas
Water Development Board contributed 501 of funding with a grant.
The results of the Master Plan have established that there is a
simeable amount of water available in Denton County; however,
not enough to meet needs through the year 2010. The master
plan calls for the development of additional supplies. The
Master Plan also addresses a time phasing for establishing new
water and wastewater plants with interconnecting pipelines to
serve Denton County. The first water plant that may become a
regional plant is the new water plant at Lake Ray Roberts.
As a follow on to the Master Plan, the Steering Committee asked
the City of Denton and the City of Lewisville to serve as
co-sponsors in an interlecal agreement to form an interim
agency entitled "Upper Trinity Municipal Water Authority,
Inc.," with guidance from a board of Directors. The purpose of
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this interim agency is to draft legislation for a permanent
re,,ional agency and to gather support from Denton County
citizens to insure its passage by the Texas Legislature next
year. The Interim Agency has already found there is
considerable support for this program and has created a "Blue
kibbon Committee" of outstanding citizens to brief local
"j councils and groups.
i Attached to this City Council Agenda are copies of the Master
r Plan, Executive Summary and a one-page brochure which
highlights this study,
.•k
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
I Citizens of the community, City of Denton, Legal Department,
County of Denton, Upper Trinity Municipal Water Authority,
other participating entitios.
Respe ullly, sub i ted,
oy arre I, C ty anager
Prepared by:
av am, Director o Utilities
Water/Wastewater Divisions
Approved by:
K. E, e son, P.E.
Executive Director of Utilities
Exhibit I Resolution
II Copy of Final Master Plan
III Copy of Executive Summary
1V Copy of Brochure
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D
TON,TEXAS 7620!/TELEPHONE (81T) 5688200
CITY ofDLNTON,TEXAS 215E.McK1NNEYIDEN
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MEMORANDUM
I
i DATE: 30 June 1988
f
TO; R. E. Nelson, Executive Director of Utilities w L_~
FROM: C. David Ham, Director of water/Wastewater Utilities
SUBJECT, RESOLUTION ACCEPTING DENTON COUNTY WATER AND WASTEWATER REGIONAL
STUDY AND MASTER PLAN FOR 2010
In 1986, twenty-five -agencies, including the City of Denton, the County of
Denton, and the City of Dallas, joined together in a comprehensive regional
study to plan for future water and wastewater needs of the Denton County region.
Interest in the study actually started several years earlier with the necessity
to develop a regional strategy to respond to the future implications of the
construction of Ray Roberts, and the long term effects of dwindling ground
water supplies.
on November 11, 1987, the Denton County Water Study Steering Committee,
composed of representatives of each of the 25 original participating entities,
met and approved the Master Plan for the year 2010.
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In order to carry forward the goals and objectives outline3 in the Master
Plan, additional planning and public input has been necessary. Each participating
entity has been requested by their respective representative on the steering
Committee to approve a resolution endorsing the Master Plan. This resolution
also asks each entity to maintain in principle their financial commitment to
this important program, in order that it may be brought to a successful
conclusion.
The City of Denton and the City of Lewisville are jointly requested to serve
as the proposed regional entity&-rinoftheg"interimcperiod between November 11, 1967
and the date of the State's approval
proposed Upper Trinity Municipal Water Authority.
CDH/gj
cci Lloyd Harrell, City Manager
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2381L
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE WATER AND WASTEWATER STUDY REGIONAL
MASTER PLAN FOR DENTON COUNTY; AND PROVIDING FOR AN EFFECTIVE
! DATE.
R
WHEREAS, the Denton County region has experienced a
considerable increase in population in recent years and is
! expected to continue to grow; and
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WHEREAS, an adequate and safe supply of drinking water is a
fundamental necessity for life, and for the sound economic
development of the region; and
WHEREAS, collection and treatment of domestic and commercial
wastes are vital public services that need to be coordinated
with the water system; and
WHEREAS, most of the cities, towns and water utilities in
t Denton County organized a committee (the Water Study Committee)
in 1986 to address water and wastewater needs on a cooperative
basis; and
WHEREAS, the City of Denton participated in the Water Study
Committee and contributed to the cost of the Study; and
WHEREAS, the Texas Water Development Board awarded a
matching grant to the City of Denton and the Committee to
conduct the Study; and
WHEREAS, the engineering consulting firm of Espey, Huston b
Associates, Inc. has submitted a Master Plan Report dated March
1988 whiph has been approved by the Texas Water Development
Board; and
WHEREAS, the Water Study Committee for the project has
approved the Report and Master Plan, and has forwarded it to all
participating agencies for official acceptance; and
WHEREAS, the Upper Trinity Municipal Water Authority, Inc.
has been created to begin implementation of the Master Plan
pending creation of a permanent regional agency; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the Study Report, prepared by Espey, Huston
& Asscc ates, Inc. under the direction of the Steering Committee
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composed of 25 participating agencies in Denton County, entitled
Denton County Water and Wastewater Study Regional Master Plan
` for the Year 2010, is hereby received.
SECTION YI. That the Executive Director of Utilities is
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directe to eva uate the Report and Plan and provide recommenda-
tions to the City Council as to how the City of Denton can
continue to participate in and benefit from the proposed regional
water and wastewater system.
SECTION III. That this resolution shall become effective
immc ate y upon its passage and approval.
PASSED AND APPROVED thie the day of 1988.
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RAY L , RXYW~
ATTEST:
a
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JENNIFER WE
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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LA-1 11 11
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2295L
RESOLUTION NO.
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A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SECURITY AGREE-
MENT ON BEHALF OF MBANK RELATING TO THE LEASE BETWEEN THE CITY
AND FIRST FINANCIAL RESOURCES, INC.; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on the 15th day of September, 1987, the City entered
into a Lease Agreement with First Financial Resources, Inc. for I
the lease of certain property at the Denton Municipal Airport; and
WHEREAS, Section VIII of said Lease Agreement provides that
any corporation that lends money to Lessee for construction of
any hangar, structure, building or improvement and retains a
security interest in said hangar, structure, building or
improvement, shall upon default of Lessee's obligations to said
Mortgagee, have the right to enter upon said leased premises and
operate said hangar, structure, building or improvement according
to the terms of the Agreement, for a period not to exceed the
term of the mortgage with Lessee, or until the loan is paid in
full, whichever comes first, but in no event longer than the term
of the Lease; and that the right of the Mortgagee is limited and
restricted to those improvements constructed with funds borrowed
from Mortgagee; and
WHEREAS, on the 26th day of October 1987, MBank executed a
note to First Financial Resources, Inc. ?Lessee), the proceeds of
said note being used to construct improvements to the leased
premises; and
WHEREAS, Lessee and MBank have requested that the City of
Denton approve a Security Agreement evidencing the rights of
MBank as mortgagee in the leasehold interest and as such is not
specifically authorized by said Section VIII, the approval of the
City Council is required; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I. That the City Manager is hereby authorized to
approve Che gecurity Agreement, a copy of which is attached
hereto as Exhibit "A", incorporated by reference herein.
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SECTION 11. That this Resolution shall take effect and be in
full once mmediately upon its passage.
PASSED AND APPROVED this the! day of , 1988.
RA TEPHE ;-MYbY-
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ATTEST:
JENNIFER WALTERS,-MTY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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MINUTES
AIRPORT ADVISORY BOARD
MARCH 24, 1988
REGULAR MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARD,
THURSDAY, MARCH 24, 1988, AT 5:30 P.M., IN THE CITY MANAGER'S
CONFERENCE ROOM IN THE MUNICIPAL BUILDING.
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IIi MEMBERS PRESENT: Arno, Ferrara, Smith, Woolfolk, Wright
I MEMBERS ABSENT: Carrell, Williams
III OTHERS PRESENT: Bruce Brown, Leslie Bowen, Rodger Peatling,
Lessees; Rick Svehla, Deputy City Manager=
Joe Thompson, Airport Manager; Bruce Cardwell,
Airport Assistant
1. The Board considered the Minutes of the regular meeting of
February 9, 1988. A motion was made and seconded to
unanimethe Minutes as written. The motion passed
2. The Board considered the building plans submitted by
Maverick Aircraft Incorporated. A motion was made and
seconded to recommend to City Council the approval of the
preliminary building plans as submitted by Maverick
Aircraft contingent on Mavericks seeking and obtaining
approval of final construction plans and building permits
from the appropriate City Departments. The motion passed
unanimously.
3. The Board considered the request from First Financial
Resources for a collateral transfer of their lease. The
Board reviewed the letter from Debra Drayovitch, City
Attorney concerning the request. Bruce Brown, who sold the
hangar to First Financial, commented that the purchase
price and the improvements made would equal the amount of
money addressed in the Security Agreement and that the City
Tax office valued the hangar at $132,000. A motion was
made and seconded to recommend to City Council the
execution of the document as requested by First Financial
be approved contingent on the value of the property being
confirmed by City Staff. The motion passed unanimously.
4, The Board considered the Airport Manager's Report. The
Manager reported on the following:
Letter from Butler Aviation? Million Air Franchise; request
i for proposal letter for F.8,0.19. Land lease changes
Vrogresa and appointment with Legal to discuss the lease on
the 29th of this month. Port-A-Port representatives and
Mr. Brown as lessees were invited to make suggestions.
Airport Advisory Board Minutes
March 24, 1988
Page 2
Scrap metal is being removed from the Airport. The Unicom
radio is being manned Saturday from 8:00 to 5:00 and Sunday
1:00 to 5:00. The Board asked for an update on the status
of Grant funding. Tile manager reported on the seminar
presented by Freeze Nichols where Tom Graves, Supervisor,
` i F.A.A. Airport Engineering Division, spoke concerning the
f` use of Consulting Engineers to keep particular Airport
concerns before the F.A.A. to insure their consideration.
Emergency Management Disaster Plan is being written for the
Airport. Security problems were discussed. TV security {
system, new signage and ILS system security was discussed. I
Runway and taxiway refurbishing was discussed. Rick Svehla 16
reported that moneys were being found to proceed with the
process. The Board suggested a designated run up area be
located off of badly deteriorated pavement to prevent
damages. Responses to the National Flyer Advertising
campaign was reported and the plan to proceed to follow up
on these was outlined. An update on construction in the
southeast corner was given. Eighty (80%) percent of the
dirt work was completed. Sunmount is proceeding at a very
good pace. The asphalt batch plant construction that
Sunmount has proposed on Jim Crystal Road was discussed.
Sunmount's industrial development in those areas zoned for
industry to protect the approaches to the Airport was seen
as appropriate land use. The Board asked Staff to schedule
another meeting with the Planning and Zoning Commission to
discuss land use, land purchase, and C.I.P. money as it
pertains to development on and around the Airport. The
upgrade of Tom Cole Road was discussed. The access to the
Brown hangars were discussed. The Airport Manager and
Mr. Brown scheduled to meet and discuss the access problems.
5. The Board met in Executive session to discuss the Airport
organization at 6:40. The Board reconvened in open session
at 6:50.
With no further business the Board adjourned at 6:50 p.m.
2242s
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205L ~
j RESOLUTION NO.
A RESOLUTION ACCEPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY
i THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on the 18th day of May, 1988 the Planning and Zoning
S;>mmission approved a list of capital improvements which in the
opinion of the commission ought to be constructed during the
forthcoming five year period; and
WHEREAS, the City Manager furnished a copy of such recommenda-
tions to the City Council on the 7th day of June, 1988; and
WHEREAS, all of the above actions were taken in compliance
with the requirements of Section 10.03(x)(6) of the City Charter;
and
WHEREAS, the City Council wishes to adopt formally the recom-
mendations of the Commission; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the Council hereby approves the attached
list of c4ppital improvements which will be sought to be
constructed during the forthcoming five year period, based on
funding capability.
SECTION II. That this resolution shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of July, 1988.
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ATTEST:
ANY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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CITY OF D8NTON
FIVE YEAR CAPITAL IMPROV9MSNT PLAN
(NON-UTILITY)
1988-89
PROJECT 15IMTRD COOT HOV FUND=D
k Streets sad TrenspotIALI 4
Teasley Lane (PM 2181); Four lane S 250,000 1986 Bond Issue
divided I-35 to 2 miles South)
Davis Street Paving Improvements 50,000 1986 Bond Issue
Avenue E Improvements 40,000 1986 Bond Issue
(Eagle Drive to 1-35)
Bonnie Brae Rebuild 301,557 1985 Street Improvement Bond
(4 lanes Windsor to
University Drits)
Bonnie Brae Rebuild 899,984 1985 Street Improvement Bond
(4 lanes University Drive
to Scripture)
Audra Lane Rebuild 61,244 1985 Street Improvement Bond
+
(End of divide to Paisley)
Acme Street Rebuild 61,302 1985 Street Improvement Bond
(Bernard to Fort Worth Drive)
Locust Street Rebuild 682,095 1985 Street Improvement Bond
(Congress to University)
Drairm
Update Master Drainage Plan 5 42500DO 1986 Bond Issue
Parks and Recreation
Recreation Center $1,300,000 1986 Bond Issue
Athletic Field Development 250,000 1986 Bond Issue
Care Stations and seui=Int
2 Now Fire stations $1,200,000 1986 anBond d 1181uBBond Issue
Fire equipment
Library txpsasion. ?hue I $ 3800000 1986 Bond Issue
r plane Fgr Lm =nforcement Crater/ S 200,000 1986 Bond Issue
Court Cosnlex
TOTAL $6,1010182
1053k/2
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CITY OF DBNTON
FIVE YEAR CAPITAL IMPROVEMENT PLAN
(Kl X-UTILITY)
1989-90
PROJECT ESTIMATED COST OW IUNDRD
' Streets and Trans ortsilon
}
Loop 288/Local Participation $2,200,00 1986 Bond Issue
(4 lane divided from U S 380
to Colorado Blvd.)
U.S. 320/Local Participation 600,000 1986 Bond Issue
six lane divided from
U.S. 77 (Locust) to Loop 288)
{ Nottingham Extension 500,000 1486 Bond Issue
a (U.S. 380 to Mingo Road)
U.S. 380 Might-of-Way Acquisition 250 000
1986 Bond Issue
Bonnie Brae Rebuild ,
(Riney Road to Windsor) 341,876 1985 Street Improvement Bond
Scripture Rebuild
(I-35 to Bonnie Brad) 347,907 1985 Street Improvement Bond
W. Oak Rebuild 2070876 1965 Street Improvement Bong
(1-35 to near bonnie Brae)
Avenue A Rebuild 210,028 1985 Street Improvement Bond
(Highland to MoCormiok)
Et Street Rebuild
{
(Highland to Eagle) 314,516 1985 Street Improvement Bond
Drainus
Loma Del Rey Drainage $ 625,000 1986 Bond Issue
Stuart/Sunnydale Drainage 350,000 1986 Bond Issue
Holly Hill Area Drainage Improvements 300,000 1986 Bond Issue
Lw tnforoa>,ent Center/
Court Coselax Phase I =--OQ 1986 Bond issue
~i ~ MAL $6,753003
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CITY OF DENTON
FIVE YEAR CAPITAL IMPROYEMRNT PLAN
(NON-UTILITY)
1990-91
OPR JECT ESTIMATED COST HOW FUNDED
Streets aad Transportation
Fort Worth Drive $10065,000 1986 Bond Issue
(U.S. 377) 4 lane
divided from I-35 to FM 1830
Oriole Street Reconstruction 117,000 1986 Bond Issue
Dralnaa4
Foit Worth Drive/Jame St. Drainage 1 90,000 1986 Bond Ieeuc
Parke aad Recreation
Recreation Center 11,400,000 1986 Bond Issue
Athletic Field Development 4500000 1986 Bond Issue
L1Erarr tzpa•elon Completion 1 600,000 1986 Bond Issue t
Lay forcemsnt Center
' _~i~ L 11.960.000 1986 Bond Issue
Court Complex Completion
TOTAL 15,622,000
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RECOMMENDED
CITY OF DSNTON
FIVE YEAR CAPITAL IMPROVEMENT PLAN
(NON-UTILITY)
1991-92
PROJECT ESTIMATED COST HOY run
Streets and 7raae22rtatl912
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Naech Branch Bond/Phase I Future bond election required
380 to Jim Chrletal 1 573,125 for all projects proposed for
Match Branch Road/Phase It 1991-92 program year
Jim Christal to FM 1515 1,504,931
Local Participation/Four Lane
Divided Road - Spencer to I-35 11100,000
intorsection Control Signals 225,000
Willowwood Bike Path 100,000
Turn Lanes for Arterials 9D,O00
Pedestrian signals 30,000
CATEGORY TOTAL $3,623,056
Drain"
7
Cooper Creek Channel 1 750,000
Kingfio%or Drainage 75,000
Pecan Creek Drainage
Bradshaw to Ruddell _=01-0-00
CATEGORY TOTAL 11,075,000
Fire and W@n"ov 8erv oe
Second Aerial Device 1 500,000
Outdoor Emergency 3trene 253.750
;A?RGORY TOTAL 1 753,750
Airport Ismrovemeats
Road Access to Seuth Hangar Area 11006000 Total cost of project/all
Infield Drainage Improvement 70 918 locally funded
Land Acquisition North 17/35 ]
24.7 Acres ]
107,
Land Acquisition 13.5 Acres 593 ]
581806 ] 101 local share of total
Land Acquisition 31 Acres 135,036 } project cost/balance
North Holding Apron 5,740 ] subject to FAA 90% match
Runway Extension 1000ri' )
60
4,
f M.LR.L. Runway Extension Lighting 231,4
60 ]
Parallel Tab:way Extension Holding }
Apron 1,0004 150800 }
Stud Taxiway to B.E. Industrial Area 60000 ]
Commercial Service Area Paving 120100 )
r.i.0. Paving 710500 ]
Executive Jet Center Aircraft Parking 180070 ]
Engineering and Contingency 136.077 ]
CATEGORY TOTAL
1 762,500
Lilrars Bookroblia f 250`QQQ
PROGRAM YM TOTAL 1604640306
1053k/S
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PLANNING 6 ZONING COMMISSION
RECOMMENDED
NON-UTILITY CAPITAL IMPROVEMENT PROGRAM
1992-1993
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I PROJECT ESTIMATED COST HOW FUNDED
S'crests and Transportation
Match Branch Road, Phase III
FM 1515 to Springside Road 1 830,000 Future bond election required
Street Construction/Reconstruction 250,000 for all projects proposed for
Westwood Paving 235,000 1992-93 program year
Intersection Control Signals 235,000
Partial Improvements to city
Sidewalk System. 100,000
Oversized Participation in
Thoroughfares 1000600
Turn Lanes 95.000
CATEGORY TOTAL 51,8$5,000
apt inmate
Cooper Creek Drainage, Phase II $100009000
Alexander Street Area Drainage 128,000
Avenue 0 Drainage 100.000
CATEGORY TOTAL 1112281000
Parks and Recreation
Civio Center Pool Expansion/
Renovations 11,000,006
City/DIED Joint Swimming
Facility at Billy Ryan H.S,7 5000000
Land Acquisitiou for Cos ounity Park $006000
Neighborhood Park Development _300,000
CATEGORY TOTAL 129300,000
Fire Departmni and [srrtsocr Services
Rehabilitate station *1 1 5001000
(Ma Kinney Street)
6ibuild Station i4 (Kings Row) 750.000
~ATEOORY TOTAL 11,250,000
PROGRAM YM TOTAL 160623,000
* Pool projects listed bated on prevent conditions and information - continuing
negotiations with school di,Atriot and future planning will provide basis for Pinal
recommendations and decisions regarding beat way to allocate 11.5 million to most
community swimming needs.
l 1053k/7
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1989 - 1993 CAPITAL IMPROVEMENT PLAN
1 ELECTRIC UTILITY
9± POWER PRODUCTION MAINTAIN/REPLACEMENT $ 2,170,000
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OVERHEAD EXTENSION h IMPROVEMENTS (25 MILES MAIN FEEDER) 3,344,000
UNDERGROUND EXTENSION 8 IMPROVEMENTS (7.5 MILES MAIN FEEDER) 505959000
DISTRIBUTION TRANSFORMERS 61314,000
METERS 61567 CUSTOMERS 8370000
LOAD MANAGEMENT PROGRAM 5,000 CUSTOMERS 111251000
CUSTOMER INCENTIVE 50000 CUSTOMERS 3,040,000
MAPPING SYSTEM - CAD/AM/FM 200,600
DISTRIBUTION SL13STATIONS DUPLEX POCKRLE 899 ALM NEW 91 11903,000
STREET LIGHTING 101690000
VEHICLES 112251000
TOOLS AND EQUIPMENT 11233,600
POWER PRODUCTION IMPROVEMENTS 568,000
R/A AND FACILITIES PURCHASE 750,600
OFFICE EQUIPMENT, FURNITURE 4780000
BUILDING SPACE -CENTRAL DISPATCH, OFFICE, SHOP 90, 91 1r483j000
i COMMUNICATION 8 CONTROL 591,000
POWER FACTOR IMPROVEMENTS - MAINTAIN 0.98 500,000
1 ECONOMIC CONDUCTOR REPLACEMENT (25 MILES) 10000,000
!~1 OVERHEAD TO UNDERGROUND CONVERSION (2.3 MILES) 1.50 -004
TOTAL $ 35,625,000
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1989 - 1993 CAPITAL 1WROVEMENT PLAN
MTER OEPARTWNT
NEW MIER PLANT (INCLUDES NEk PLANT EXPANSION IN 1993) $ 150500,000
ELEVATED STORAGE 110003000
RAY ROBERTS HYDRO ELECTRIC 31556,000
EQUALIZATION BASIN 111001000
MSTEMTER TREATMENT PLANT RENOVATION 3729000
LIFT STATION SCADA, RENOVATION, REACTIVATION 428,000
MSTEMTER TREATF£NT (OTHER IMPROVEMENTS) 574000
(5 YR. PLAN LANG UTILIZATION, SEPTIC PUMPING
INNOV. 6 ALTERNATIVE TECH. ETC.)
60STEMTEP TREATMENT PLANT EXPANSION 5t760, 000
LABORATORY : PRO'fc MEN IS 5740000
MAPPING SYSTEM - CAD/CAM 2300000 F
OVERSIZE MTER LINES 800,000
REPLACE DATER LINES 500503000
NE% MIER LINES 870,000
DEVELOP GUIDE MTER LINES 102500000
OVERSIZE SEVER LINES 8500000
REPLACE SEVER LINES 306101000
INFILTRATION INFLOW 2,172,000
DEVELOP GUIDE SEVER LINES 1,250,000
` TOPS, FIRE HYDRANT, EQUIPMENT d MISCELLANEOUS 1,522,000
MOBILE EQUIPMENT 19586,000
TOTAL $ 481054,000
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DATE :7/05/88
CITY COUNCIL REPORT FORMAT
101 Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECT; Motion authorizing the city Manager to reallocate unutilized
CDBG Administrative and 1986 Morse Street funds to the Housing
Rehabilitation Program.
RECOMMENDATION;
The CDBG Committee recommends that all unused funds be re- `
allocated to the Housing Rehabilitation Program.
SUMMARY: $20,784 is available in the Administration account. Additional
T Administration funds may be available for reallocation at the
close of the CD I
fiscal in the amount of$5,500~will yal18) 1988. so need toMbesreallocated.
PROGkAbIS DEPARTMENTS OR GROUPS AFFECTED: i
There are currently 34 individuals/families on the Housing
Rehabilitation waiting list.
FISCAL IMPACT:
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Reallocation of funds would allow 2 - 3 additional rehabilitations {
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to be completed.
Res f 1
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City Manager
:r pared bY
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f Community Development Coordinator
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Frank Ro bins
c: Executive Director
for Planning and Development
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OFFICIAL MINUTES
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE
MAY 4, 1988
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The regular meeting of the Commun':-• ,Ijvelopment Block Grant
Committee of the City of Denton, Texas was held on May 4, 1988,
in the service center Training Room.
Present: Lucy Campbell, Don Chipman, Sibyl Evans, Jo Luker,
Sarah Parker, Rosemary Podriguez, Dennis Stephens
and Rey Trejo.
Absent: Connie Wells
Present from Staff: Barbara Ross, Community Development
Coordinatorl Penny Black, Secretary and
r Frank Robbins, Executive Director foL Planning and
Development
Co-Chairperson, Jo Luker called the meeting to order at 5:09
p.m,
1. Ms. Luker called for a motion to approve the March 31,
April 7 and'April 11, 1988 meeting minutes. Mr. Chipman
made the motion, seconded by Ms. Rodriguez, the minutes
were approved as corrected.
It. Ms. Ross gave a summary of the committee's meeting
purpose in regards to the ESL and Educational Assistance
Programs. Ms, Ross said the organization's request for
funding of these type programs were new to both staff
and the committee so program set up procedures would
also be a new process. Stiff had expressed concerns for
the administrative implementation and hoped the Human
Resources Committee (HRC) could review these
organizations to determine the need for their services.
Me. Ross stressed that the committee's recommendation to
the City Council would not be changed in any way and HRC
would review their budget, guidelines/goals, program
implementation, etc.
Mn. Rodriguez asked would they be reviewed like other
service agencies.
Ms. Roes said yes.
Ms. Luker recognized Mr. Davila and Ms. Garcia's
presence and asked if the committee had any questions.
Mr. Trejo said he had spoke with Mr. Davila prior to the
meeting and expressed hits concerns in regards to a
proposal form/questionnaire to accompany the
organizations request.
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CDBG Official Minutes
0 May 4, 1988
I Page 2
Ms, Ross explained there are 'presently no proposal
forms/questionnaires for the CDBG funding requests
although staff would work with the committee to draft
one for future reference,
Mr. Davila said they were subject to an audit and he
would be happy to compile a needs assessment of their
organizations' administrative expenditures/purposes.
The Educational Assistance Program resources would be
made available to all r. aces and a tentative meeting
place had been found, '_he TWU Bi-lingual Building. The
DISD has been working with UNT in regards to drop outs
and at-risk students, there is a grant from Dallas that
funds this type of study research. Mr. Davila said a
parenting program would be incorporated into tha
Educational Assistance Program and this program is an
investment in people instead of tangible objects like
F other grant funding requests. He said he would be glad
to provide any necessary data for the staff/committee.
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' j Ms. Rodriguez asked could they clarify the separateness
of the programs for the committee.
Mr, Davila said you ire working with two separate groups
of people here with separate requests,
Ms. Garcia'said she works directly with Sammons Cable
Company, not LILAC, ale added that an advisory board
would be beneficial for the ESL Classes.
Me, Campbell asked if separate proposals would be
I, submitted to the HPC.
Ms. Davila said yes adding that the needs assessment may
overlap ir, some areas.
rs. Garcia said there was no duplication of services
with the ESL Classes and Sammons acknowledged that there
was support for programs locally. Ms. Garcia believed
the ESt, Classes should be televised because of the
various barriers and reasons Hispanics may not attend
other supported literacy seminars/classes, saying most
l Hispanics had televisions and felt more comfortable
IIII learning in their homes.
Ms. Luker asked if Ms. Garcia had a program presently
that she produced.
Ms. Garcia said yes the program was Litled "Para Usted'
which has been aired for one (1) year now. The
program's focus is to inform Hispanics of City
activities church and governmental, recreational,
educational, etc.
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CDBG OfficiAl Minutes
May 4, 1988
Page 3
Ms, Luker asked when the program was aired and who it
was funded by.
Ms. Garcia said every Monday between 7-7:38 p.m, and
Fridays at 5 p.m. Sammons donates airtime and she
volunteers her services.
Mr. Davila said Channel 2 had previously mentioned
providing hen classes although the idea was in its' initial
stages w
Ms: Garcia said she had spoken with some of their board
members and the idea wAs still a possibility. Mr.
Medina has committed an instructor and tapes. Ms.
Garcia said she was trying to convince industry
supervisors to allow employees to watch the program
during work hours.
Ms. Campbell moved to make a recommendation to City
Council contingent on the organizations drawing up
separate proposals for program plans. Me. Parker
seconded the motion, motion passed unanimously.
Ms. rampbell asked would there be a fee for HRC to
review their assessment.
Me. Ro:,s said no, adding sho would forward the
questionnaires to Ms. Garcia and Mr. Davila.
III. At this time Mr. Luker called for discussion of
reallocation of Morse Street and Administrative funds.
Mr. Frank Robbins, Executive Director for Planning and
Development said the staff recommendation is to use
excess Morse Street monies for Main Street. The
requested amount for Main street is $10,000. The
downtown area consists of the area bordered by
Carroll/Bell Street on the east and west and
Unive~sity/Eagle Drive on the north and south. In San
Marcus ne superviseG the Main Street Director and the
program was very successful. The connection between
benefiting low/moderate income persons would be an
indirect benefit. These benefits are in the form of
creations of jobs in the service sector and the Main
Street director coordinating new construction on various
projects. The Main Street program is a well structured
State program which needs to be ongoing fof 3 to 5 years
to be effective. Mr. Robbins said the staff
recommendation could be made for $10p00 over 3 years
from the total budget.
Ms, Campbell asked where would they get the other funds.
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CDBG Official Minutes
May 4, 1988
Page 4
Mr. Robbins said theca was a $10,000 savings in the
general fund budget originally intended for Main Street
to lans/consultant fees although he and Mr Harell chose
allocatethesefundstothe hiring of.therMain Street
director.
There are hotel-motel tax dollars hlthough
they are tied up in the Arts Building, also there are
excess CDBG funds in the CDBG budget.
Ms. Rodriguez expressed her concerns for using CDBG
wouldsthe fundstcomeafrom-ifetherCDBGmCoand mmittee asked did where not
recommend funding,
Mr. Robbins said staff would request City counl to
fund the project and the Main Street Committeecmemberc
will be present to answer an
expressed his concerns for the gcommittees'Minterestnof
how CDBG monies should be spent, he said it may be more
palatable to allocate funds over a three (3) year period.
Mr. Chipman asked if staff could encumber funds for
three grant years,
Ms. Rose said no adding there is a total of $15 -
42,400 in the Morse Street and Administrative budgets
the. will not be utilized.
Ms. Campbell asked if UDAG funds are still available to
poeaibly fund Main Street,
Me. Ros
aff would and it theaCitytwas awardedaUDAGofundingfit cthe ouldrsti
be used for main Street. Ms. Ross added that staff can
apply for the grant and hope that we get awarded the
funds. Funds could only be utilised for physical
improvements and architectural fees.
Me. Campbell said she viewed Main street as a renovatiot,
Project to beautify the downtown area, not for the
hiring of a Main Street Director including
administrative costs to determine w
need t hat
to be done, t types of projects
fir. Robbins said the grant monies would fund expertise
in the form of a person, administrative support, budget
for downtown area activities/events and advertisements
such as posters for those planned events, Mr. Robbins
i said the budget savings of $10,000 was requested to fund
the County Seat Saturday for 1988 although staff was
still trying to use these funds for the actual Mail
Street program, Largely Main Street's administrative
costs are 671 - 681 Director's salary and personnel
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CDBG official Minutes
May 4, 1988
Page 5
coat, the other percentage of the budget goes towards
completing projects. Mr. Robbins added who he Main Street
Director was similar to a mall director coordinated
[ all activities within his her area.
Me. Luker asked what ocher cities were successful with
Main Street and what was their funding source?
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Mr. Robbins replied, Gainesville, Lewisville and San
Marcus Main Streets were funded from hotel/motel tax,
CDBG, UDAG and Chamber of Commerce supported and other
various areas of funding.
Ms. Rodriguez expressed her concerns for the search of
funds for main Street. She believed the City and the
Chamber of Commerce should fully support and fund the
program's administrative budget.
Me; Evans said the Chamber of commerce had no resources
for funding the program,
Ms. Parker asked what exactly was the Morse SL•reet fund.
f Me, Ross explained that it was grant monies used for
I paving improvements to Morse Street, she said the monies
were allocated in the 1987 budget.
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Mr, Stephens asked what was going on with the Alexander
Street drainage problems.
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Moo Ros gave a meetingsconcerning ithesdrainagefprthe oblemsgatoAlexander
Street and Code Enforcement in East Centon.
that the drainage project was probably She added
of the Capital Improvement Program, going to be part
Me. Luker asked if a bond election would be held.
Me. Rose said yes.
I Ms. Campbell expressed her concerns for the Main Street
1 program.
M3Luker said she was not o
beautification of the Squart assadreto rti or
sultnofathenMain
Street program, although the redevelopment of the Square
is happening now without Main Street. Ms. Luker added
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hat the is extremely proud of the Square and would like
to see bUnesses the suare, al the
Courthouseirenovationeisnreally agbeautifulosite,
problem with the Main Street proposal is she does note
see how it would benefit low/moderate income persons and
CDBG monies should be used to do that.
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CDBG Official Minutes
may 4, 1988
Page 6
Mr. Robbins said the benefits to low/moderate income
persons wily be indirect. He added that an affirmative
hiring procres would be mandated so that the benefits of
low/moderate income persons or indigents '4oulO show.
Me, Evans said what business does Mr, Duvall have with
the Square.
Ma, ROSS said he is a downtown business owner.
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Mr. Robbins said the City wab attempting to raise the
level of service all around the Square.
Ms, Luker ask:d if the City and Chamber could fund Main
Street togothar.
Ms. Campbell said she was not in opposition to
beautifying tt.e downtown area with a small amount of
CDBG monies if there were a guarantee that the
additional monies could be acquired from other sources.
6:05 p.m. Mr. Trejo left at this time.
Mr. Chipman expressed his concerns for Main Street and
said it should be funded from other sources than CDBG
monies.
Ms. Evans mentioned the relocation of E1 Matador to the
square and asked if this was part of Main Street
activities,
Ifs. Rodriguez said the owners of that restaurant are
renovating with their own sources of funding.
Mr. Trejo returned and said no one would move out
because of the low rent on the Square.
Ms. Campbell said new office lessors are really giving
good deals for new tenants and that she did not feel the
low rent would keep anyone on the Square that wanted to
relocate. She asked where would they get additional
monies if they had $20,000 to start with.
Mr. Robbins said probably monies will come from the
general source budget revenue.
Ms, Luker asked for further discussion.
Me, Evans said personally she was really for the program,
Ms. Rodriguez replied you have a. vested interest because
yo>>r property is close to the Square. We are more
concerned about the use of CDBG funds.
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CDBG Official Minutes
May d, 1988
Page 7
M1, Treio believed Main street was
i area although CDBG monies should notohe usedtto fundtthe
I program.
l Mr, Chipman expressed his appreciation to Mr. bobbins
f` for his forthright presentation.
` Ms. Luker called for a motion to reflect the committee's
f actions if staff felt it necesiary,
Ms. Ross said yea, a motion would L•: approprIate
recommendation will be placed on the May 17# 198and the
council agenda, Y 17, 1988 Clty
Mr. Chipman moved that excess Administrative and Morse
r. street funds be allocated tL Housing Rehabilitation.
Ms. Rodriguez seconded the motion, motion passed 7
favor and 1 - opposed, i
r✓ Meeting adjourned at 6:15
p.m,
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