HomeMy WebLinkAbout07-19-1988 T • 1
GENDA
CITY OF DENTON CITY COUNCIL
JULY 19, 1988
Work Session of the Cit;- of Denton City Council on 'fuesday,
# July 19, 1988, at 5:30 p.m, in the Civil Defense F om of City
Hall at which the following items will be considered:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the '
Regular Meeting.
S:3O P.M.
1. Discussion of the Draft Denton Development Plan,
2. Discussion of procedures for preparing Appendix A of
the Denton Development Plan.
3. Executive Session: i'
A. Legal Matters - - Under Sec. 2(e), Art. 6252-17
V.A,T.S.
1. Discussion of Maverick vs. City.
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B. Real Estate - - Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments - Under Sec. 2(g),
Art. 6252-17 V.A.T.S. '
1. Consider appointments to L;:e Community
Development Block Grant Committee, Historic
Landmark Committee, Human Resources
Committee, Plumbing and Mechanical Code
Board, Electrical Code Board and Park and j
Recreation Board. t
Regular Meeting of the City of Denton City Council on Tuesday,
July 19, 1988, at 7:00 p.m. in the Council Chambi-rs of City
Hall at which the following items will be considere:: }
7:00 p.m,
1. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
t recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
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City of Denton City Council Agenda
July 19, 1948
Page 2
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 2A., 2B.). 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 Purchases
1. Bid #9869 - Chemicals - Water Treatment
2. Bid 09871 - Type I Ambulance
3. Bid 09874 - Wire 4 Cable 1
4. Bid 09878 - Playground Equipment
S. Bid 09881 - Aerial Signal Cable
6, Bid 19882 - Air Switches/Vertical
7. Bid 09848 - Disposal of PCB Transformers
8. Bid #9873 - Phoenix Apartments - Phase III
9. Bid #9875 - Loop 288 Waterline Casings
10. Bid 09876 - Mulberry 4 Carroll Blvd. Traffic
Signal Conduit
2. Ordinances !
A. Consider adoption of an ordinance acceptingg
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive yids and providing for the award of
contracts for public works or improvements.
C. Consider adoption of an ordinance authorizing the
conveyance of a tract of lard 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. (D-46) (The
Planning and Zoning Commission recommends
approval.)
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City of Denton City Council Agenda
Jul), 19, 1988
Page 3
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D. Consider adoption of an ordinance amending the
parking regulations of Article 15 of Appendix
B-toning of the Code of Ordinances of the City of
Denton, Texas to provide for regulations for
compact parking spaces; repealing Appendix
I1lustrAtions 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 Planning and Zoning
Commission recommends approval.)
E. Consider adoption of an ordinance amending the
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by adding ode of Ordinances of the City of Denton, Texas
through 15 of Chapter lI2 of to Include de3 112 Sections
Systems establishing regulations for the use and
operation of alarm systems within the City;
providing definitions; requiring a permit for
users of alarm systems; providing for issuance of
permits; providing for service charges for false
alarms; providing for denial and suspension of
permits; and regulating alarm reporting and
yy~~ operation.
T„r*J F. Consider adoption of an ordinance approving a
contract providing for the purchase of real
property by the City of Denton, Texas as
described herein from Dr. Elizabeth R. Vaughan
for the acquisition of property for the City's
water plant project. (The Planning and Zoning
Commission and the Public Utilities Board
recommend approval),
O. Consider adoption of an ordinance approving an
agreement between the City of Denton and Brazos
Electric Power Cooperative for the purchase of
electrical facilities and easements; and
repealing Ordinance No. 87.185. (The Public
Utilities Board recommends approval).
(i. Consider adoption of an ordinance accepting the
conveyance of certain real property to the City
located at the northwest corner of the
intersection of Lillian Miller Parkway and FM
2181.
1. Consider adoption of an ordinance amending
Chapter 14 (Offenses and Miscellaneous
Provisions) of the Code of Ordinances by the
addition of a new Article III hereto regulating
the conduct of picketing in residential areas.
City of Denton City Council Agenda
j July 19, 1988
n Page 4
J. Consider adoption of an ordinance of the City of
Denton, Texas, approving a settlement and
compromise agreement for pending litigation
between the City of Denton and Dwight Anderson as
next friand for Dana L. Anderson, an
incapacitated person and Shanda Michelle
Anderson, a minor; and providing for an effective
date.
3, Resolutions
A. Consider approval of a resolution setting a date,
time and place for public hearings on the
proposed annexation of 20,8309 acres located at
FM 1181 and Old Alton Road. (A•56)
B. Consider approval of a resolution eliminating the
energy cost adjustment (Rate Schedule ECA) for
the months of August and September of 1988,
C. Consider approval of a resolution of the City
Council of the City of Denton designating certain
City officials as being responsible for, acting
01 for, and on behalf of the City of Denton in
dealing with the Texas Parks and Wildlife
Department for the purpose of participating in
the Land and Water Conservation Fund Act of 1965;
and cert!fytng that the City of Denton is
eligible to receive assistance under such
program. (The Park and Recreation Board
recommends approval).
D. 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).
4. Miscellaneous matters from the City Manager.
5. Official Action on Executive Session Items:
A. Legal Matters
B, Real Estate {
C. Personnel
D. Board Appointments
6, New Business
J This item provides a section for Council Members to
suggest items for future agenda.
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' City of Denton City Council Agenda
July 19, 1988
Page 5
7. Executive Session:
A. Legal Matters - - Under Sec, 2(e), Ari, 6252-0
V.A.T.S.
B. Real Estate - - Under Sec. 2(f), Art, 6252-17
V.A.T.S.
C. Personnel/Board Appointments - - Under Sec. 2(g),
Art. 6252017 V.A.T.S.
C E R T I F I C A f E
! I certify that the above notice of meeting was
posted on the i
h bulletin board at the Ci ty Hall of the City of Denton, Texas,
onclock a.m. m ay of i1988 at
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Ci-ty ecretary
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AGLNUA
CITY OF DENT0' CITY COUNCIL
JULY 19, 1988
Work Session of the City of Denton City Council on Tuesday,
July 19, 1988, at 5:30 p,m. in the Civil Defense ,.oom of City
hall at which the following items will be considered:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
` Regular Meeting.
5:30 p.m.
1. Discussion of the 1.raft Denton Development Plan.
2. Discussion of procedures for preparing Appendix A of
the Denton Development Plan.
3. Executive Session:
A. Legal Matters - - Under Sec. 2(e), Art. 6252-I7
V.A.T.S.
1, Discussion of Maverick vs. City.
B. Real Estate - Under Sec. 2(f), Art. 62$2.17
V.A.I.S.
C. Personnel/hoard Appointments - - Under Sec. 2(g),
Art. 6252-17 V.A.T.S.
1. Consider appointments to the Community
Development Block Grant Committee, Historic
Landmark Committee, Human Resources r
I Committee, Plumbing and Mechanical Code r
Board, Electrical Code Board and Park and y
Recreation Poard.
kegular Meeting of the City of Denton City Council cr: Tuesday,
July 19, 19880 at 7:00 p,m. in the Council Chambers of City
Hall at which the following items will be considered:
i
7:00 P.M.
1. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
,s recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to i,aplement each item in
accordance with the Staff recommendations.
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City of Uenton City Council Agenda
July 19, 1988
Page 2
Listed below are bids and chase ciders to be
approved for payment rider the 01,!1oance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 2A., 2B. 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 Purchases
1. Bid #9669 - Chemicals - Water Treatment
2. Bid 09871 - Type I ;ambulance
3. Bid 09874 - Wire $ Cable
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4, bid J9878 - Playground Equipment
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5. Bid 09881 - Aerial Signal Cable
6. Bid 09882 - Air Switches/Vertical
7. bid 19846 - Disposal of PCB Transformers
8. Bid #9973 - Phoenix Apartments - Phase III
9. Bid 0987S - Loop 288 Waterline Casings
10. Bid 19876 - Mulberry 6 Carroll Blad. Traffic I
Signal Conduit
2. Ordinances
A. Consider adoption of an ordinance accepting j
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the ,ward of
contracts for public works or improvements.
C. Consider 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 29905 square
feet from Theron Gerald Snider, Jr. (D-46) (The
Planning and Zoning Commission recommends
approval.}
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City of Denton City Council Agenda
July 19, 1988
Page 3
5
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D. 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, 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 Planning and Zoning
Commission recommends approval.)
E. Consider adoption of an ordinance amending the
Code of Ordinances of the City of Denton, Texas
by adding Chapter 3 1/2 to include Sections 1
through IS of Article I of Chapter 3 112 "Alarm
Systems" establishing regulations for the use and
operation of alarm systems within the City;
providing definitions; requiring a permit for
user!, of alarm systems; providing for issuance of
permits; providing for service charges for false
alarns; providing for dental and suspension of
permits; and regulating alarm reporting and
operation.
F. Consider adoption of an ordinance approving a
contract providing for the purchase of real
i property by the City of Denton, Texas as
described iereln from Dr. Elizabeth R. Vaughan
for the acquisition of property for the City's
i water plant project. (The Planning and Zoning
Commission and the Public Utilities Board
recommend approval),
G. Consider adoption of an ordinance approving an
agreement between the City of Denton and Brazos
Electric Power Cooperative for the purchase of
electrical facilities and easements; and
repealing Ordinance No. 87-18S. (The Public
Utilities Board recommends approval).
If. Consider adoption of an ordinance accepting the
conveyance of certain real property to the City
located at the northwest corner of t
intersection of Lillian Miller Parkway and FM
2181.
14 Consider adoption of an ordinance amending
Chapter 14 (Offenses and Miscellaneous
Provisions) of the Code of Ordinances by the
addition of a new Article III hereto regulating
the conduct of picketing in residential areas.
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City of Denton City Council Agenda
July 19, 1988
Page 4
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J. Consider adoption of an ordinance of the City of
Denton, Texas, approving a settlement and
compromise agreement for pending litigation
between the City of Denton and Dwight Anderson as
next friend for Dana L, Anderson, an
r incapacitated person and Shanda Michelle
Anderson, a minor; and providing for an effective
da to .
3. Resolutions
A, Consider approval of a resolution setting a date,
time and place for public hearings on the
proposed annexation of 20.8309 acres located at
FM 2181 and Old Alton Road. (A-56)
B. Consider approval of a resolution eliminating the
energy cost adjustment (Rate Schedule ECA) for
the months of August and September of 1988,
C. Consider approval of a resolution of the City
Council of the City of Denton designating certain
City officials as being responsible for, acting
for, and on behalf of the City of Denton in
dealing with the Texas Parks and Wildlife
Department for the purpose of participating in
the Land and Water Conservation Fund Act of I965;
and certifying that the City of Denton is
eligible to receive assistance under such
program, (The Park and Recreation Board
recommends approval).
D. Consider approval of o 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).
4. Miscellaneous matters from the City Manager,
S. Official Action on Executive Session Items;
A. Legal Matters
B. Real Estate
C. Personnel
D, Board Appointments
6. New Business
This item provides a section for Council Members to
suggest items for future agenda.
1
f
City of Denton City Council Agenda
July 19, 1988
Page 5
7. Executive Session:
A. Legal Matters - - Under Sec. 2(e), Art. 62S2.17
V.A.T.S.
b. Real Estate - - Under Sec. 2(f), Art. 6251-17
V.A.T.S.
C. Pe:sonne!/board Appointments - - Under Sec. 2(g),
Art. 6252017 V.A.T.S.
C E R 7 I F 1 C A T E
r r I certify that the above notice of meeting was g posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of L , 1988 at _
0(. lock a.m. p.m.).
h
city gecretary
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DAM 07/19/88
CITY COUNCIL REPORT FURMAI
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Discussion .f the Draft Denton Development Plan
kaCOMMENDAIION:
That Council set a date for a public hearing to consider adoption
of the Denton Development Plan.
SUMMARY:
The Denton Development Plan was prepared by the 37 member Land Use
Planning Committee. The planning process started in January 1986 and
the Draft Plan was completed In January 1988. Since then the Plan was
presented for review and comments at neighborhood meetings and various
social and professional associations.
BACKGROUND: i
In considering the 1985 annual update to the current Denton Development
Guide, Council requested staff to proceed with a major update. The Plan
is a result of that update procedure.
PROGRAMS, JEPARTMENTS OR GROUPS AFFECTED:
The policy recommendations in the Denton Developmeu. Plan will directly
or indirectly affect, all departments which are involved in building and
land development, Capital Impruvements Program, Parke and Utilities
planning.
FISCAL IMPAM
Effective Implementation of the Plan will reduce public expenditures
in the long term.
ReYpely s,ubmit e :
Lloy . Harrel
Prepared by: Uity anager
arry a sau
Urba:: Planner
A.,orppvve~dd:
Frank H, R6bbins
Executive Director for
Planning and Development
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DRAFT FOR REVIEW:'
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DENTON i
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PMENT PLAN.
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DEVEL
POLICIES FOR GROWTH
SUMMARY
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' PLANNING AND DEVELOPMENT
DEPARTMENT
CITY OF DENTON
t JANUARY 21, 1418
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TABLE OF CONTENTS
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Paae
1. The Long Range Plan 1
II. Intensity Area Policies 2
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111. Housing 4
r, IV. Transportation 5
V. Parka & Recreation 6 i
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VI. Economic Development.... 7
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VII. Urban Design 8
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VIII. Balanced Growth 8
IX. Compact Growth.... 4 9
X. Specific Area Policies ..............................10
XI. Implementation Policies and Guldelines ..............13
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I. THE LONG RANGE PLAN
A. Scope - The scope of the plan covets an area defined
k as the 2010 utility service area which includes the
cities of Corinth, Hickory Creek and part of the
City of Argyle. One of the mayor goals of the plan
is to promote physical development in the entire
study area but to encourage the priority use of
public funds to support infrastructure development
within the half mile limit from the existing and
proposed Loop 288.
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B. Major Features
1. Population: The long rincie plan is based on a
desired population and lNnd use growth to the
year 2010. The plan will accommodate a
population of 141,500 over that period.
2. Land Use growth: ':he plan provides the
framework and scope for land use development to
meet demands for employment, housing,
commercial, social and public services and
facilities. It is projected that the total area
of developed lands will be expanded by 11.544
acres to meet additional demands by the year
2010. One of the major goals of the long range
plan is to achieve a city wide balanced
distribution of developed lands in all five
planning areas of the city.
C. ~r~har~ Form and 8ttucto - The long range plan
establishes a network oftu activity centers.
1. Major Activity Centers: These are the largest
Nodes intended to serve as the hub for economic
activity and employment. Major activity centers
located st the Golden Triangle Mall and in the
northwest (I-35/Hwy 77/Loop 288) will serve as
urban centers providing a wide range-of services
including retail, offices, personal and
professional services. The downtown center will
also serve as the central urban center with
emphasis given to redevelopment and
revitalization through innovative programs to
retain and expand the tax base. The major
activity center in the area of the Municipal
Airport will serve as a special purpose center
to emphasize the establishment of an industrial
economic base.
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CONCEPT MAP
LEGEND:
i NORTH
Urban Centers r
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I I 1 I 1 ® Special y Center Major
Aclivll Center r
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Moderate Activity Center i
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Denton
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2. Moderate Activity Centers: At the next level,
the plan proposes a number of moderate activity
venters located at the intersection of and
abutting major thoroughfares, These are
intended to serve as mini-town centers with
emphasis given to diversity of land uses.
3. Low Intensity Area: The low intensity areas are
x intended to be used
residential developments. for single family
scattered concentrations of non-residential uses
and apartments are encouraged.
D. Thoroughfare Network - The land use structure
established by the concept plan is to be served by
an updated long range thoroughfare plan. The
thoroughfare system has been designed so as to
provide greater thoroughfare capacities to the major
and moderate activity centers.
3. 2010 Cenerat Development Provra14 - The phasing of
land use developments and scheduling of public
infrastructures and community services and
facilities over the plan period in accordance with
the goals, objectives and policies of this plan will
be incorporated into a 2010 general development
program. This implementation schedule for public
infrastructures will serve as the basis for defining
planned needs.
11. INTENSITY AREA POLICIES
The Intensity Area Policies provide a city wide
framework for promoting and regulating land use
developments. The plan identifies three specific types
of intensity areas based on levels of land use
activities, and sets out the size and maximum intensity
allocation for these areas.
A. ~i or Activity enters - Major activity centers are
intended to provide a wide range of urban services
and serve as major employment centers. The
following locations have been designated and shown
on the concept plan.
1. I-35/Hwy 77/North Loop 288 (North urban center)
2. Golden Triangle Mall (South urban canter)
3. Downtown area (Central urban center)
4. Municipal Airport area (Special f1:rpose urban
center)
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B. Moderate Activity Centers - Moderate activity
centers are located at the intersection of major
arteriale and at strategic locations spaced
approximately one mile apart. The intensity
standard for moderate activity centers is 350
vehicle trips per day per gross acre.
e 1. Bonus - In order to promote land use diversity
e in moderate activity centers the plan provides
that intensity bonuses may be given when a
iy community type facility is included in a
center. The bonus may be used to increase
intensity or to increase the size of the center.
2. High Density Housing - The policies of the plan
a encourages high density housing in moderate
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activity centers and set out c•)nditione for
their location, concentration and design.
3. Strip Commercial - The policies discourage strip
commercial developments along major arterials
and provide for the protection of low density
housing.
C. Low Intensity Areas - The low intensity areas
represent the primary housing areas. A low
intensity area his an intensity standard 60 vehicle
trips per day pet gross acre and it is approximately
640 acres in size. The policies encourage land use
diversity including small scattered sites of
apartments and non-residential uses, however
neighborhood protection is emphasized.
1. Neighborhood Service Center - Neighborhood
Service centers are small nodes of
non-residential uses which offer mainly
convenience goods and services at the
neighborhood level. These may very in size from
2-5 acres depending on their location and access
to a specific category of thoroughfare.
2. Multi-family Housing - Multi-family Housing is
defined as apartments with a density of 13 units
and more per acre. Multi-family concentrations
shall vary from 100-200 units depending on the
location and access to a specific category of
thoroughfare and must be located at least a half
mile apart.
' D. Intensity- A!Iocation and Calculation - As a g9neral
policy, a spcific development proposal is allocated
a proportionate share of intensity. The
proportionate share is based on a ratio of the
acreage of the proposed development to the total
acreage of the intensity area. In some cases
however, a proposed development may be allocated
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additional intensity which is greater than the
proportionate share based on specific planning
considerations set out in the plan.
F III. HOUSING
The policies of this plan emphasize housing diversity
and neighborhood protection.
A. Diversity - Housing diversity is closely related to
housing type, size and cost geared to meet the
differing economic and individual lifestyles of
Denton's citizens. Specific polic, recommendations
are:
1. Good site design transition between housing
types using density gradation, architectural
design and landscaping.
2. Transportation design to minimize the flow of
traffic through low density residential areas.
3. Provide greater flexibility in the sitting of a
residential building given only the requirements
for maximum building coverage, front yard
setback and fire separation.
4. Provide for varying lot widths and lot depths
given only the requiremente for a minimum lot
size.
B. High_ Density Housing - The plan promotes the
dispersal of apartment developments throughout the
City but limits the size of concentrations in one
location.
1. In the moderate activity centers the size is
limited to 750 units in one location with a half
mile separation.
2. In the low intensity areas the size may very
between 100-200 units depending on access to a
specific category of thoroughfare with a half
mile separation.
3. Apartment developments are encouraged to
preserve and enhance neighborhood quality and to
provide adequate open space and facilities to
meet recreational need of residents.
C. Neichbo.Aood Preservation - Neighborhood
preservation is the backbone of a stable community.
Established neighborhoods in the city are
recommended for special protection. These include
neighborhoods which have benefited from Community
Development Block Grant and other public funning.
specific recommendations are:
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1. Modify codes to encourage remodeling and
redevelopment of neighborhoods through tax and
utility incentives.
2, high priority is to be given to code enforcement.
3. Neighborhood input is to be encouraged in the
planning and zoning processes.
4. Apartment developments in established
neighborhoods should comply with specific site
design standards eg. no parking in front yards,
side and rear yard solid screening, landscaped
front yards and setbacks equivalent in size and
character to existing single family housing.
IV. TRANSPORTATION
Tha 1Zng range thoroughfare plan is based on the
rationale that larger thoroughfares stimulate increased
generates more j
traffics Theimajor s objwhich ective i of the n plan therefore is
to provide larger thoroughfare capacities (freeways and
major arterials) to serve the utban centers and moderate
activity centers while collectors and residential type
streets serve the predominately low density residential
areas.
A. Thoroughfare Claesiffnrt. ion
1. Freeway: The freeway classification include the
interstate I-35E, 1-35W and the Loop 288
2. Major arterials (primary): These are usually
four (4) to six (6) lanes divided thoroughfares
which traverse the City and have a minimum
right-of-way of 120 feet.
3. Major arterials (secondary): Secondary Lajor
dividedlsorCeunusually dividedfour with4y 80 lanes
feet and
minimum
right-of-way.
4. Collector Streets: Collector streets not shown
on the thoroughfare plan. The design and
location of a collector street may be decided at
the time of development. Collectors have 60
beerequiredmbetween o major arterials least
collect
neighborhood traffic.
B. 1h_Q.fouahfa0 Plan
1. Existing County Roads All existing county
wills senot designated the
collector thThese may plan
redesigned at the time of development
feet minimum right-of-way but willtu note b80
e
incrementally extended to serve a major arterial.
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_ i LONG RANGE
' NORTH THOROUGHFARE PLAN
rYi. r LEGEND:
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Boundary oI Study Area
- ~III Freeways
PrImagMajor Arterials i
, I - Secondary Major Arterials
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2. North Carroll BouIevard Extension - It is the
policy recommendation of this plan that Carroll
Boulevard should be maintained and improved as a
major north/south thoroughfare across the city
subject to a detailed traffic/management study.
3. Bell Avenue - The increased flow of traffic
through Bell Avenue is not in the best interest
of the University community. It is recommended
that a traffic management study be conducted to
identify a suitable alternative rcute.
4. Mass Transit - The plan recommends that a high
j' priority be given to prepare a layout for a city
wide mass transit system an,; to conceptualize
plans for a regional system to connect major
activity centers in the DFW metroplex over the
long term.
5. Pedestrian and Bicycle - The plan recommends
that high priority be given to the preparation
of an integrated master plan for walking, biking
and jogging. The master plan shall identify
pedestrian access and a system of sidewalks
connecting public facilities including
commercial sites and parks.
6. Updating - The thoroughfare plan has been
designed to serve the major and moderate
activity centers and the low intensity areas
shown on the concept plan. Any significant
variations of the concept plan or the planned
intensity standards will necessitate updating
the thoroughfare plan.
C. Curb Cute
1. Loop 288 - The policy of the plan is to have
controlled access to Loop 288. New developments
will not be allowed direct access to the Loop
and existing direct accesses will be reviewed
for removal or realignment.
2. Major arterials Tile number of driveway
accesses to major arterials is to be strictly
limited. Driveway access may be generally
allowed wire no other reasonable means of
access exist or under extreme circumstance, as
set out in the plan.
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V. PARKS AND RECREATION
The plan recognizes the need to provide adequate parks
and open spaces for the citizens of Denton to pursue
their leisure activities and to enhance the general
quality of life.
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A. Neighborhood Parks and open Spaces - Neighborhood
parks should be in a central location within the
neighborhood it is intended to serve and may vary in
size from 5 to to acres. Emphasis is to be given to
pedestrian access through an inter-connected system
1 of sidewalks for the entire neighborhood.
r Recreation and leisure activities are to be provided
to meet the needs of the neighborhood and league
type activities are to be discouraged.
B. Community Parka - Community parks of 30 acres and
a over should be centrally located to serve several
a neighborhoods of one to two miles radius. These are
to have direct access to a collector street or
larger thoroughfare and designed to accommodate
biking and 3079ing trails, recreation centers,
swimming pool, athletic complex and game fields for
tennis, football, soccer and baseball.
C. GxAgnbelt/Linear Parks - The Plan recommends the
maximum utilization of floodplain areas for parks
and opea spaces. Greenbelt/linear parks are to form {
a continuous belt of open spaces and park land with
adequate landscaping and facilities for organized
games, picnics, ball fields and trails for biking,
hiking and jogging. Areas along Pecan Creek,
Hickory Creek, Milam Creek, Clear Creek and their
branches have been identified as possible locations.
D. School/Par Si s - Neighborhood parks and greenbelt
packs are to be integrated whenever possible with a
school site thus enabling the sharing of recreation
facilities.
E. Acquisition of 1--A - Developers may be requited to
participate in the provision of park land to meet
needs in accordance with the City of Denton Parks
and Recreation master plan. In some cases this
participation may requite the payment of fees in
lieu of land.
VI. ECONOMIC DEVELOPMENT
The overall policy of the Denton Dev6lopment Plan is to
strengthen and diversity the urban economic base to
create a wide tango of employment opportunities and
expand the tax base of the city. The policy is designed
to attract basic industries to locate in Denton and to
encourage existing basic industries to expand locally.
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A. evelQment Incentives
1. Development incentives may vary by the size and
type of establishment and its initial and
t potential capacity as a generator of employment
' and other economic benefits.
2, incentives may include but not limited to:
a a. Assistance with the extension of utility
i services and streets.
b. Waiver of intensity policies,
B. Guidelines for Considering Incentives - The Planning
s' and Zoning Commission may make recommendations to
the City Council with respect to additional
incentives and specific industries which may
qualify. The consideration of incentives shall
include but not limited to the following guidelines,
1. All ousinesses listed in the Standard Industrial
Classification (SIC) except for groups 52-59
under retail trade.
2. Basic industries must show that at least 51%
their goods and services are directed to serve
people outside the City of Denton,
3, Corporate office headquarters of a retailer,
manufacturer, or distributor including a
regional distribution center may be considered.
4. When a business or industry meets all of the
above criteria then the City may require that a
study be conducted to determine whether
incentives may be granted.
VII. URBAN DESIGN
The plan recognizes the need to encourate and promote a
high standard of urban design to improve and enhance the
general image and character of the built environment.
The general policies are intended to provide the
framework and scope for preparing detail plans and
specific ordinances for implementation. Tree
preservation, landscaping and special treatment to
entrinca ways are emphasized,
VIII. BALANCED GROWTH
A. p911ey_Obieotive - One of the major policies of the
plan recommends that "when public funds or efforts
are expended that they are to be directed towards
supporting planned growth. Planned growth is
defined as growth that responds to the development
policies and land use pattern as set out in the
Denton Development Plan. The intent of the
balanced growth policy is to promote an equitable
distribution of development throughout the City.
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B. Guidelines for Implementation - The four major
determinates of where growth locates are:
1. Utility facility
2. Roads
3. Public community facility
4. social/political considerations
It is the recommendation of the plan, therefore,
that all the determinates are to be considered in
the implementation of the balanced growth policy.
It is recognized also that in order to promote
planned growth, it may be necessary in some cases to f
divert public funding for utilities, roads and other }
public infrastructures to lead developmen' in slow
growth areas such as the northwest.
Balanced growth represents a new policy direction
for city wide land use development in the future.
The plan offers selected examples and guidt'A nes in
order to simplify the implementation process. It
empha,iizes the need however, to work out other
creative implementation techniques to achieve the
intent of the policy based on what is practical
under specific circumstances.
I%. COMPACT GROWTH
The overall policy of the plan is to encourage physical
development within a half mile limit from the axisting
and proposed Loop 288 as shown en the thoroughfare
plan. The half mile limit is defined by a line whi.h is
located generally half a mile outside Loop 288.
I The plan recommends specific policies designed to offs.
p incentives for development within the half mile limit.
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A. 1Roads
. Within the half mile limit, the developer may
not be required to pay for off-site roads.
2. Outside the half mile limit the developer will
be required to pay the actual cost for providing
or improving off-site roads.
B. Utilities
1. The City will provide basic trunk lines to serve
all areas of the city.
2. The developer shall pay the actual cost of
extending water and sewer lines from existing
trunk lines.
3. For areas within the half mile limit the City
will participate in oversize costs depending on
l the availability of funds.
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4. For areas outside the half mile limit, the
developer pays all costs initially but is
reimbursed for both the oversize costs ind pro
rata on off-site lines when developments tie-on.
X. SPECIFIC AREA POLICIES
Specific area policies are intended to provide a
framework to promote development in a designated area
which requires special treatment in view of its current
problems or its unique location and character. Specific
areas may be designated by the City Council on the
recommendation of the Planning and Zoning Commission at
k any time over the plan period. The plan lists specific
guidelines for consideration in designating a specific
area
A. The Municipal Airport Area - The Federal Aviation
Administration classifies the Denton Municipal
Airport as a Transport Airport (larger than the
Utility category). The airport is strategically
located at the apex of the Interstate 35E and the
35W corridors. Activity forecasts show
that the total aircraft operations are anticipated
to increase from 96,300 in 1985 to 318,198 by the
year 20051.
1. special Purpose Center - The Plan Identifies the
Municipal Airport area as a special purpose
urban center. The urban centers in the Denton
Development Plan are intended to serve as nodes
for major commercial activities, with no limit
given to land use intensity standards. As a
special purpose urban center the Municipal
Airport area is intended primarily to emphasize
the establishment of an industrial economic
base. Mixed use commercial and high density
housing are encouraged in suitable areas in
conformity with the land use compatibility
guidelines set out in the Airport Master Plan
1986.
2. Land Use Development Around The Runway - The
Plan recommends that industrial/commercial type
land uses may be located to have frontages on
the primary major arterials and rear access to
the runway through separste taxiways. The
details relating, but noz limited to site
planning, outdoor lighting, building height,
etc., shall be in confor,tity with the Denton
Municipal Airport Zoning Regulations.
,sea Airport Master Plan and Environmental
Assessment, May 1986, Charles, Willis and Associates.
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3. Compatible Land Use Development - Single family
residential developments shall not be allowed in
the immediate vicinity of the runway, defined as
Jim Christal on the north, Masch Branch Road
extension on the east. FM 2449 on the south, and
Tom Cole Road on the west. Mixed land uses E
including, but not limited to multi-family, k
retail, offices, business and professional !I
services, restaurants, hotels, etc. may be
r developed outside the 65 Ldn (day-night sound
level) contour providing that they are in
conformity with the Denton Municipal Airport
1 Zoning Regulations.
Be The Downtown Area - The Downtown area has been
identified as the central urban center and one of
four major activity centers. The area is delineated
and shown on the City of Denton zoning district map
as the Central Business District (CB). The Downtown
center could lose its vibrance and relative
attractiveness as new commercial/retail centers
develop in other locations. The policy of this plan
therefore is to promote redevelopment and
revitalization of the Downtown center to retain and
expand the tax base. As part of this policy, the
City should continue to support public expenditures
in an effort to upgrade and preserve the Downtown
center.
It is recommended that a detailed study be done to
explore further planning efforts and possible
development incentives to encourage and promote the
growth of a vibrant mixed use center downtown.
C. Motor Entrance wave - The major entrance ways are
those freeways and primary major arterials
predominantly used by incoming traffic to the City
of Denton; Interstate 35E, 35W and Fort Worth Drive
(U.S. Highway 377), University Drive (U.S. Highway
380), Highway 77, North Locust (FM 2164), Sherman
Drive ON 428), and FM 2181.
Developments along major entrance ways present the
first impressions of the City to the public eye.
The policy of this plan, therefore, is to encourage
and promote good urban design to enhance the
aesthetic quality and visual amenities along
entrance ways.
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D. Teasley Lane/FM 2181 L llian Miller/Hobsgp '
Lane/1-35E - given the prominence of the South East
Planning Area and the thoroughfare network in that t
sector, th,te are likely to be pressures to locate
high to moderate intensity land uses along Teasley
Lane, FM 21el, Lillian Miller Parkway, Hobson Lane,
I-35E, and between Loop 288 and Lillian Miller.
These pressures are likely to increase as FM 2181 is
developed as a primary major arterial and extended fff
further south to ultimately connect with the DFW E
Airport (See Countv Transportation Plan).
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The policy of this Plan, therefore, is to restrict
the further intrusion of high and moderate intensity
land uses in this area. However, limited
neighborhood services and high density housing,
consistent with the standards for a low intensity
area, are not prohibited. The plan sets out
iJ specific guidelines for future land use developments
in this area.
E. Carroll Boulevard - Carroll Boulevard is a primary
major arterial providing for the north/south
movement of traffic through the Downtown area. The
policy of this Plan therefore is to restrict further
strip commercial/retail developments along Carroll
Boulevard.
F• lend Use Bord tins Univerri.. a y~«« Texas - Over
the years there have been increased pressures from
commercial and multi-family developments to locate
in areas around the University of North Texas State
resulting in higher intensity type land uses in
traditional Single family neighborhoods, The
policies of the plan, therefore, is to ensure that
land use changes take place in harmony with and
offer adequate protection to existing neighborhoods.
G. ra11 nan~~. - This close-in older neighborhood
otters many advantages for residential development,
as evidenced by the recent and continuing
concentrated public expenditures in the area from
Capital Improvements Program and Community
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plan, evelopment Block Grant funds. The polic) of the
neighborhoods ore, and is
monitorect future older rindustrial
development in this area.
H. Development Ne_.l_he Pe Creek wRR?etJ~her
Treatment P
w - Additional residential devetopment
will not be zoned within 2,500 feet of the
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Wastewater Treatment Plant. Residential development
will be generally restricted between 2,500 feet and
4,000 feet from the plant. The area within 2,500
feet of the Wastewater Treatment Plant will be
utilized for industrial purposes, preferably
industries that could utilize the effluent from the
plant as cooling water or other processes requiring
I lower quality water.
1. North Locust/Elm Street - The area between north
Locust and ElrA Streets from Congress street north to
University Drive contains traditional single family
housing worthy of preservation. The policy of this
plan, therefore, is to promote the preservation of
the architectural character of this neighborhood.
J. Oak-Hickory Historic District - The overall policy
of this plan is to support the preservation of the
distinctive architectural and cultural heritage
existing in this area. The architectural standards
and policies regarding existing and proposed
developments in the Historic Preservation Plan of
the City are to be strongly enforced.
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l XI. IMPLEMENTATION POLICIES AND GUIDELINE:
A. Genera - A city plan is only as good as its
Implementation processes. The Land Uses Planning
Committee emphasized that the Denton Development
Plan should be followed consistently, fairly and
positively to promote long term quality growth.
8. Citizen participation - The Plan recommends
continuing citizen inputs into the land use decision
making processes e.g. platting and zoning, city
boards and city wide study committees.
C. Integrated Decision Making - It is recommended that
the City Council, Planning and Zoning Commission,
advisory boards, city staff and the citizens of
Denton should incorpporate the policies of the plan
in all their decision making processes, e.g, CIP,
budget, zoning and Land Subdivision, packs and
utility planning. It is intended that all concerned
will work towards the consistent, equitable and
coordinated application of the policies of the plan.
D. pefinition of Intensity Areas - The Land Use
Planning Committee recommends that the intensity
area boundaries be prepared by a committee
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comprising of members of the Planning and Zoning
Commission, Land Use Planning Committee team
captains ani neighborhood representatives of the
' five planning areas.
E. Updating Policies and Codes - Adequate consideration
shall be given to preserve a positive climate for
investment and securing real property values
balanced with the public interest for the city as a
whole. Major changes in policies and codes which
affects real property should be subject to a
` grandfather clause allowing property owners a
` reasonable time to carry out development in keeping
with current policies and codes. Also major
` policies and codes should be allowed to gain
f experience before any attempt is made to change them
substantially.
F. 2010 General CIP Schedule - The Land Use Planning
Committee recommends that the city prepare a 2010
general CIP schedule to guide the implementation of
the Denton Development Plan. The schedule will
incorporate the phasing of land use developments and
scheduling of public infrastructures and community
facilities in accordance with the goals, objectives
and policies of the Denton Development Plan.
0. Updating the Plan - The policies provide for
frequent updates through continuing land use
decisions and annual read option by the Planning and
Zoning Commission and the City Council. It is
recommended that a major review and update be
undertaken every five years depending on the
increase in population and the extent of amendments.
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Minutes
Planning and Zoning Commission
June 1, 1968
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A special called meeting of the Planning and Zoning Commission of
the City of Denton, Texas was held on Aednesday, June 1, 1988, ■t
S:00 p.m., in the Council Chamber of the Municipal Building.
Present: Bill Claiborne, Euline Brock, Ivan Glasscock, Judd Holt,
k'illism Korman, and Etha Kiker
t Absent: Ruby Cole
Present from Staff: Frank Robbins, Executive Director for Planning
and Develo went; Elizabeth Evans, Planning Administrator;
Steve Fann~np, Comprehensive Planner; Harry Persaud, Urban
Ple ,e r; Cecile Carson, Urban Planner; Joe Morris,
Assistant City Attorney; Jerry Clark, City Engineer;
Chris Smith, Administrative Assistant, and Donna Baker,
Secretsry
Chairman Bill Claiborne called the meeting to order. ;
HOLL A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION ON THE
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DRAFT DENTON DEVeLOPMkNT PLAN
Mr. Claiborne moved to suspend the regular public hearing
W cedure. Seconded by Mr. Kamman and unanimously carried
0).
Chairman Claiborne turned the presentation over to
Mitchell Turner with the Land Use Planning Committee (LUPC).
Mr. Turner informed the Commission that five neighborhood
meetings were held with an attendance of over 206 visitors.
Mr. Turner said there were not any major changes to the draft
presented in January 1988, but that he would like to cover the
changes to the Draft Plan that were made following the neigh-
borhood meetings. The changes were as followsf
1. Chapter 31 Goals and Objectives 13. Clarify housing
goat.
2. The Long Range Plant Clarify sections 3 (a) and B.
Major activity centers and special purpose activity
center.
3. Clarify the size of moderate activity centers.
Page 22.
a. Clarify the site of commercial land uses in moderate
centers. Page 25.
S. Change primary major and secondary major to primary
and secondary arterials.
b. Clarify the definition of low, medium, and high
density housing.
7. Clarify the classification of Loop 288. Page S1.
8. Further clarify the economic development policies.
Page 61.
9. Further clarify the balanced growth policy. Page 76,
10. Add flexibility to the compact growth policy, Page 78.
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P&Z Minutes
June 1, 1988
Page 2
Mr. Turner stated that with the Cuide, 50 square miles are
covetedi whereas the Plan covers 144 square miles. The
pop ulaton for the area is predicted to be 130,000 by the
year 2010. This total was estimated with a 4 percent growth
each year, which is the same as predicted for the city each
year since 1980.
He said the Intensity policies should be given priority and
the Plan encourages commercial end retail uses.
V Mr. Turner added that at two meetings, there was concern for
changing intensity areas. the team captains told the visitors
that the LUPC would not be taking decisions on intensity
changes of individual propert les, that riquests f,r intensity
changes would be considered by the plannng and Zoning Commis.
Sion and City Council.
He said that Loop 288 has the accesstbflity of a freeway, but
offers the cunvenience of being able to access other streets
from the Loop. This also benefits those who bicycle and jog
In the area.
Mr. Turner said that the policy of balanced growth is pro-
renton. Balanced growth will be complemented with compact
growth. The policy cells for city funding In compact growth
areas.
Me added that there were also questions at the meetings on
taxes. Residents wanted to know if taxes would be raised to
cover the cost of the roads. Mr. Turner said that the city
has some resemblance to a factory. Money will come In If
growth is In the compact growth areas.
Mr. Turner concluded that residents of the city have had
questions and problems with the way the city does not follow
Its own rules.
Ms. Riker asked If, when discussing Loop 288, he meant to
encourage walking on the Loop. Mr. Turner said it was not
meant for the Loop, but for other areas in t he city.
Joyce changed oIf~newrprograms edeOrme, asked if veloped. Hr. Clai QQborne could
yes,
chen``es would o to Planning and Zoning commission and then !
to C1ty Council. He said Rat the Planning and Zoning Com-
mission, along with the City Council, will be taking an annual
review of the Plan and make any necessary changes.
Clint Lynch, Masch Branch Road, stated that according to the
front yards.tyHersuggested thatdaafour lane road be builte's
between Highway 380 and Jim Christal Road This would take
the road out of the front yards, Mr. Claiborne said that the
Plan adopts approved county thoroughfare Baps, He encouraged
Mr. Lynch to submit his ideas and go before the Planning and
Zoning Commission next year when It would be addressed again.
Mr. Lamont Brown, FM 2181, said that he was in favor of the
neighborhood meetings and of the Plan. He stated that one
pro lea he has with the Plan 1s the policy that growth should
a ppl isble. Ms. Brock stdted he thatlthehComlmtttwe teolatthat
there are are several traffic problem areas In the cityy and would
like to correct those problems by encouraging developeent in
other areas,
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Pall Minutes
June 1, 1988
Page 3
1
Virgil l
captain5fornLUPC. DHeBsaidlthatnthe recommendationlofatheam ox 17 reton, said that he s te
aCommittee
the other the areas outh, b thetcity
as well.
Mr. Per I lud staa ted that the fl y ue neighborhood meettngs were
"y held folowing uthotf:atfon b Clty Council. Ninety percent
r of th', ouestions at the meetings were general Information and
were answered Immediately, He said there were other questions
I that were related to specific problems that could not be eas-
I ily answered. With those questions, the person's name and
phone number were taken and later called back with the
answer. He said that the Committee and the staff plans to
continue to work with the neighborhoods.
Mr. Claiborne commented that he felt the city has a Ibiliatydto thehcitytshoulddattemptTto meet thesgoils~aals in a
I Chair declared public hearing closed,
Mr. Holt moved to recommend approval of the Draft Denton
E! Development PJ4n. Seconded by Ms. Riker.
1 Mr. Claiborne said that he felt there could be some improve-
ment to the lgangpuagevby possibly meeting with the tea*
captains and o4ng oer the language.
Ms. Riker said that she felt the sentences were specific
enough.
Ms. Brock sold that having worked on it herself, she does hot
feel that It is perfect. but that it has been Lett open to go
back and make necessary changes in the future,
Chair called for a vote on the motion. Motion carried
unanimously (6.0).
Meeting adjourned at 600 p.m.
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DATES 07/19/88
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CITY COUNCIL REPORT FORMAT
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10: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTS Procedures for Preparing Appendix A of the Denton Development Plan
!r KEWEENDATION i
I The Planning and Zoning Commission recommended at its June 22, 1988
ffff meeting, by a vote of 5--O, that Council appoint an Appendix A Task Force
'p immediately upon adoption of the Plan. The task force will give priority
in defining intensity areas for %hich a zoning case has been filed.
SUNMARYt
The Denton Development Plan recommends that Appendix A be prepvred by a
committee comprised of representatives of the Land Use Plannin0 Committee
(LUPC) team captains, the Planning and Zoning Commission, and neighbor-
hoods. This committee will take about six months to complete Appendix A.
i Staff needs Appendix A to analyze and evaluate zoning cases for presenta-
tion to Planning and Zoning Commission and City Council. Three options
f are suggested for consideration.
BACKGROUND:
Appendix A will include the precise definition of intensity areas. TLe
definition is important to calculate the total intensity trips in partic-
ular areas and to review zoning proposals based on intensity policies.
PROGRAMS. DEPARTMENTS OR CROUPS AFFECTED:
Intensity policies will ultimately result in planned orderly growth in
the City as a whole.
FISCAL IMPACTI
No direct cost to the City.
Respe lly s bmi t s
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Iloy . harrell
l Prepared bys City Manager
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Harry P laud
Urban Planner
APp vedl
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Fran o ine
Executive Directo for
Planning and Development
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CITY of DENTON 1215 E. McKinney / Oenlon, 7axas 76201
MEMORANDUM
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f DATE: July 13, 198d
TOt Mayor and City Council f
I # THRU: Lloyd Marcell, City Manager
4' I! FROMt Frank Robbins, Executive Director for Planning
and Development 3
f SUBJECT: APPOINTMENT 01' APPENDIX A TASK FORCE
The intensity area policies of the Denton Development Plan (DbP) provide a
City-wide framework for promoting and regulating land use developments. The
policies apply to three specific types of areas, namolyl the major activity 1
centers, the moderate activity centers and the low intensity areas. After the
plan is adopted by Council, staff will need to uee these policies to analyze
and evaluate specific zoning cases and make recommendations to the Planning
and Zoning Commission, In order to apply these policies consistently on a
City-wide basis it is necessary to delineate the intensity areas using precise
physical or other distinct boundaries. t
The concept map included in the DbP shows the general and approximate
boundaries of the major and moderate activity centers. The DDP i:ecommends 1
that the detailed boundaries of the various intensity areas be Prepared as
part of Appendix At by a committee comprising representatives of the Land Use ?
Planning Committee (LUPC) team captains, the neighborhoods and the Planning
and Zoning Commission. It will take some time (about six months) for this
committee to finalize the intensity maps. In the meantime, staff would like
to be able to process toning cases in a reasonable short time based on the {
Intensity area policies while the committee is working out the precise k
boundaries for the intensity areas,
these are three options to consider at this point.
0 tion A
Yy 1. Council appoints Appendix A task force immediately upon adoption of the
plan.
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Mayor and City Council
Page 2
July 13, 1988
2. Task force gives priority to the intensity areas for which a zontn;, case
+ has been filed (3 weeks).
is 3. Intensity analyses and maps are submitted to the Planning and Zoning
Commission and the City Council for consideration (6 weeks).
t 4. Staff prepares zoning case report and submit recommendations to the
Planning and Zoning Commission and to City Council (6 weeks).
y According to this option, a zoning case could take up to 15 weeks to process
after the adoption of the plan and the appointment of Appendix A task force.
Option B
Same as Option A except that the intensity maps and staff report on a zoning
case are submitted on the sate agenda to the Planning and Zoning Commission
and then to the City Council.
This option will reduce the time frame to 8 or 9 weeks, about the normal time
it takes to process a zoning case now.
0 t_pionC
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Delay the adoption of the plan until Appendix A is completed.
Frank Robbins
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June 22, 1998
Page 5
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VII. A'ORX SESSION TO DISCUSS METHOD OF IMPLEMENTING APPENDIX A
OF THE DENTON DEVELOPMENT FLAN.
Mr. Persaud stated that staff was currently doing the
background work in order to complete Appendix A while the
Plan was going through the final stages of 8Tpt ion by the
City Council. He said according to the Plan tAe intensity
area boundaries are to be prepared by a committee comprised
of representatives of the Land Use Planning Committee (LUPC)
) team captains, LUPC neighborhood representatives, and the
Planning and Zoning Commission. It could take six months
after the committee is appointed to finalize the intensity
4 maps. Mr. Persaud said the question is what the Planning
? Department is going to do with the toning cases in the
transition period between the effective date of the Plan
i and the completion and adoption of Appendix A,
Mr. Persaud said there were two options that the Commission
and the Planning Department could take:
Option A+
1. App.;intment of committee after adoption of Plan. (6 weeks)
2. Committee gives priority to intensity areas for which a
zoning case has been filed. (3 weeks)
3. Intensity analysis and maps are submitted to Planning
and Zoning Commission and City Council for considers-
lion. (6 weeks)
Staff prepares toning case and submits recommendations for
consideration by Planning and Zoning Commission and City
Council. (6 weeks)
Mr. Persaud said that according to this option a toning case
could take up to 21 weeks to process after the adoption of the
Plan ■nd 1S weeks after the committee has been appointed.
Option B:
Follow current procedures in which staff prepares the Inten-
sity maps showing boundaries of the specific intensity area
for a toning case. Staff prepares a :Doing csse report based
on the proposed intensity boundaries and submits to Planning
and Zoning Commission on the same agenda. In the meantime,
the committee Is appointed and working on a program to coa-
plete Appendix A.
Mr. Persaud stated that according to this option a toning case
could be processed in about eight weeks, about the same time
frame as a toning case currently takes.
Mr. Persaud added that staff recommended Option 8 as a general
administrative procedure.
Mr. Claiborne stated that he felt Option B would be the best
of the options. He was concerned about the committee not being
involved In drawing up the boundaries to be submitted to the
2 Commission with a toning case. This approach would pre-empt
the work of the committee. he stated that be would prefcrthat
staff route those proposals through the committee before going
to the Planning and Zoning Commission and the City Council with
the toning case.
Mr. Holt moved to approve Option B with a recommendation
j' that the intensity maps be routed through the committee before
( going to the Planning and Zoning Commission and City Council.
Seconded by Mr. Claiborne and unantmously carried (S-0).
r
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NO.
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.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
1 lowest responsible bids for the materials, equipment, supplies or
f services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
r herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids or materials, equipment, supplies, or services, shown in
the attache Y accepted and
, approved as being the lowest responsible bids for such items:
BID ITEM
t; NUMBER NO. VENDIR AMOUNT
1i 9869 1 Thornosom iavwpL 400.60/ton
$ 9869 2 Delta Chemicals •54116
9869 3 Delta Chemicals •34Ab
9869 4 _ Schol le Coro 73.00/ton
9869 5 Delta Chemicals .67/lb '
9869 6 Delta Chemicals 600.00 ton
9869 7 Delta Chemicals 1.15/16
say
W 9869 8 Ammonia Services .19/lb
r
BID ITEM
v NUMBER NO VENDOR
-'40UNT
9 FE 3.
INS
144.00%r--.__
9869 10 Ofxte Chler
_ 1.05/ei
-9869- -11-_ Dix[e Chlor
1" - 10.00%c_ vim`
_9871 __ALL_ Celiin• AryjV~ee 63.385__
9874 "L-- TsmR1C-Inc~_ 18.050.00 _
9878 1 Jim Lead Associates
9440.00
-LS-78 2 Webb and Assoetater
9878 3
Bob Modlin Reereat[one! E of ment 1 991 _00
9878 4 Jim Lea d Assoetotes
D.00
9878 5 Jim Leos d Associotes
859.00
9878 6 Webb d Associates
` i'480.00 i
9878 7 Bob Modlin Recreational E ul nt
162.00
8 Webb and Associates
9881 4,039.00
1 Prieater Sugaly
9881 12"10.0
2
Pr
!eater Supply 332.----~0_..._
98it2 ALL Temple, Inc.
13,500.00
-
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SECTION II. That by the acceptance and approval of the above
numbereJ tems of the submitted bids, the City accepts the offer
` of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
` and for the specified sums contained in the Bid Invitations, Bid
f Proposals, and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wist. to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto; provided
' s that the written contract is in accordance with the terms,
conditions, specifications, standards, uantities and specified
Bid Pr q
sums contained n i the
oDosal and related bid
documents
' herein approved and accepted.
.
SECTION IV. That by the acceptance and approval of the above
numbere tems of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in 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 pon its passage and approval.
PASSED AND APPROVED this 19 day of JULY , 1988.
RA E E , MAYOR
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER A TER , CITY SE
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE TWO
-pulp-, t
DATE: July 19, 1988
r CITY COUNCIL REPORT
t
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T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager }t
SUBJECT: BIOt 9869 CHEMICALS -WATER TREATMENT
4J l
X(1,
RECOMMENDATION: We recommend this bid be awarded to the vendors with the
lowest firm price meeting specifications for each item.
Item I Liquid Chlorine - Thompson Hayward at 400.60 ton
tern 2 Sodium Hexomethophostate - Delta Chemicals at .54 lb
item 3 Sodium Silicofluoride - Delta Chemicals at .34 lb t
Item 4 Sulfuric Acid 66% - Schoole Corp at 73.00 ton
Item 5 Tetropotassium Pyrophosphate - Delta Chemicals at 67 lb
Item 6 Liquid Caustic Soda - Delta Chemicals at 600.00 ton
Item 7 Potassium Permaganeate - Delta Chemicals at 1.15 lb
It em 8 Anhydrous Ammonia - Ammonia `-:-vices at .19 lb
Item 9 Liquid Ferric Sulfate - FE 3, Inc. at 104.00 ton
Item 10 Sodium Hypochlorite - Dixie Chlor at 1.05 gl
Item I 1 Carbon Dlt xJde Gas - Dixie Chlor of 20.00 cyl
SUMMARY- This bid Is for the yearly estimated usage of water treatment
chemicals by the Water Production Plant, the Wastewater Treatment Plant and the y
swimming pool.
BACKGROUND: Tabulation sheet
PROGRAMS DEPARTMENTS OR GROUPS AFFECT-=D: Water Production, Wastewater
Treatment, Pars Department pool
i
FISCAL IMPACT- Budgeted Accounts for 1988189
Respect y submitted.
K
Lloy . Harrell
City Manager
Prepared by:
Name: Denis Manning
Title: Buyer
Approved:
&..e: at$ a , C.P.M.
Purchasing Agent
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BI@ 1 1 4Bb9 I I t I I I I I I
- I I €
@I@ 1111E CREMICALS - NATEA TREATMENT I AMERICAN I VAN I N.A. STEEL 1 CO I AMMONIA I DIME I 11IIF. i PTNIEFA I
I TNT I POURS 1 I CHEMICALS I CENTRAL I SERVICES I CHLOR I CHLOR I CHEMICALS I
OPEkEI 812€!8@ 2x11 P.M. I CHEMICALS I NAIERS 1 I DALLAS I INC. I SYSTEMS I SYSTEMS 1 I
I I I I I I I FOR] NORTH I 1
ACCOUNT 1 VARIOUS I ---I ---I- I I. I------------ I------------ I------------ I
I I 1 I I I I I I I I
' 1 I ply I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1
= I I I I ! I 1 d
I - -
I
f I I 1 1 I 1 I I 1 I '
I € i i I 1 € 1 i I I
I. I TON ILI@VI1 CHLORINE 1 t 162.3111 1 NO BID I NO BID I I NO Bit I I I
I € I € I I ! 1 ! I I
2. 1 LI ISODIUM NEAAMEIAPN05NATE I I 1 I I I 1 1 1.1111 1
i € I 1 I I ! I € I I i
3. I to ISODIUM SILICOFLODAIDE I ! 11. Sul I I I 1 1 I 1.3351 I
1 i I 1 I I 1 1 1 I I l
1. 1 101 ISULFRIC ACID 661 I I I 1 I I I 1 15.6111 1
I S. I LI IIETR1POTASSIILI PYADPIpSPIM1E 9511 1 1 1 H 1 1 1 1.11" 1
I I I I € I I I I ( I
C 6. 1 101 11.11011 CAUSTIC SODA I 1 I I I I I t ! t
! I I I ! I I I I € I i
1. ! 11 IPOIASSIUM PERM ANEW 1 1.2529 1 1.32" 1 1 1 1 1 € 1 j;
! I 1 I i I I I I I !
0. I LI IANMYDROUS AMMONIA I 1 1.210 1 1 1 1119" 1 1 1 1
1 1 i I 1 I I € 1 1 €
9. 1 701 11,10011 FERRIC SULFATE 511 1 1 161."11 1 1 1 1 1 1 1 {
I I I I I I I I 1 1.1511 1 1 i
11. : GAL ISOIItm HYPWIOAITE Ill I I I I I I i I I k
I I I I I I I I I 21.11" I I ,
11. 1 CYL ICARBO€I D101TDE GAS 511 1 1 1 1 1 ! 1 I I
i 1 1 I I ! I 1 I I I
! I ! I 1 t 1 1 I 1 I
I I € I I ! I 1 I i I
1 ! I I 1 € I ! I I t ?
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1 I I I I
811 TITLE CHEMICALS 11AIER TREATMENT I SFAUFFER I CDRUS I FE3, INC. I DELTA I SCHOLLE I 0121E I TkOMPSON I RHODES I
I
- I CHEMICAL I CORP I I CHEMICALS ICORFORATION I PETRO I WYNARD I FERTILIZER I
l DPEMEB 8/21f8A If P.M.
I I I I I
_ I J Z CHEM I to. I CO. I
ACCOUNT 1 VARIDOS~
I ~I i
1 I ITT I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR J
I I I r 1
1. I ION ILIOUIe CHLORINE ; r 1 1 I I ;
I I I 1 s I 441.1101 1 4". ills I ;
1 # 2. 1 LB ISODIUM HEZMETAPHOSHATE ; I I I 1 1 1
1 1 I 1.5411 I 1 I
1 1 ; I I I 65.01111 5B.51/1I ;
3, I it ISODIUM SILICOFLUORIDE ; I 1 1 1
i 1 1 I J 1.3411 1 I 1.3151 1 1,475f 1
4. I YON ISULFRIC Rif 663 1 1 ; 1 1 I 1 1
9 I 681111 j 1 1 1 I i
I ! 1 I 1 73, 01N I 113.4418 I ! J
I 5, 1 Ll ITEIRAPOTASSIUM PYRDPHDSPHATE 9511 I I 1 1 1 I I
11 I ; i 1 I 1.6701 1 1 1.8511 1 1.7251 1 ;
r I Z J 1 J I i
6. 1 100 ILIOU11 CAUSTIC SODA 1 I 1 I 1 1 Z
I 1 1 1 I I ~ ,r.
7• I 11 IPOTASSIUR PEBNAMSANEATE r I 1 I 1,6111 I ;
~ x I ; I I I ; 1
e. 1 11 IANHYDROUS AMMONIA 1 1 1 I I I 1
I 1 I 1.2351 1 I 1.1511 r I 1.4511 I 1.1794 1 1.1911 1
~ I I 1 I 1 1 ,
I TON 11111111 FERRIC SULFATE 511 1 1 1 r 1 1 1
1 I I i J 1.2111 I ; 1 j
11. I SAL ISODIIRI HYPDCHLDRITE 111 1 I 1 r I 1 1
J ; 1 1 1 114. M11 I I I 154.1011 I i
11 1!. I CYL ICARION 110111E SAS Sol I I 1 1 1 1 1
' I I 1 1
1 1 I ~ I = I I 1.1511 I
r 1 I 1 I I i 1 I
J 1 I J 1 s r 25.10111 I I
I I I i I ; = I I I
I 1 I I I ~ 1 1 I
I 1 1 1 1 I 1 I 1
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DATE: July 19, 1988
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
'H
1
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 9871 TYPE 1 AMBULANCE (MICU)
RECOt MOATION: We recommend this bid be awarded to the lowest evaluated bidder,
Collins Ambulance in the amount of $63,385.00, with delivery In 90 days.
SUMyiRY; This ibd Is for the purchase of a 1988 Type I ambulance. this Is a
replacement for an existing unit and will Le assigned to the Fire Deparrment. It Is our
Intent to retire the old unit and dispose of It through the auction process.
is The lessor price offered by Brudgers Coach failed to meet required
rs
g specifications for experience in design, and In warranty and ports/service requirements.
The closest service depot was in Little Rock, Arkansas. They also did not have a 1988
chassis in stock.
:
BACKEROUND: Tabulation sheet
PROGRAMS. DEPARTGEIITS OR GROUPS AFFECTED:
Fire Department Emergency Medical Services, Motor Pool
FISCAL IliP..CT: This unit will be funded from Motor Pool Lease/Puichose funds set
aside In arc of this year for ambulance replacement.
Respectfully submitted:
Uoy Harrell
City Manager
Prepared by:
Name: Tom 6. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
Na hn arsholl, C.P.M.
W. J~
Tjt1e; Purchosing Agent
is
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I I I I I
11M f 1 4871
' ...............I PA1➢SERS I COLLINS 1 AMERICAN I FIRST I I
li/ ililE iyT'E I AMBUTANCE I COACH I AKBULANCE I TRANS 1 RESPONSE 1
- 1 I 1 COACH I i 1
OPENER k12BfB8 I I I I I I
l I I I !
ACCOUNT M LEASEIPURCHASE I I I
I---- - I......-••-•••-I-------------- ------.._......I
- 1 1 1 1
{
Q { QTy 1 ITEM ➢ESCR1Pll0p 1 VENDOR I VENDOR I VENDOR I VEp➢OA I VENDOR 1 I
--..•-I.._..--------- 1--•..._.......1
1 I I ~
J 1 1 I
1 1 l I ~ 1
1. I t I WE 1 AMBULANCE RICO I so1511,N 1 83,385.11 i 751461.81 1 NO 110
1 1 1 I S
a I I 1 1 1 1
I I Chassis KID I FORD I FORD I FORM I I I
I I I I I I I I
I 1 I model I F-351 1 051 1 F-351 I I 1
1 1 I I I I 1 I
I 1 year 1 1488 I I48B 1 1488 I 3 I
I 1 I I I I I I
I I Special poles Wit 12,341.111 1 1 I I I
I 1 1 For 1909 1 1 1 1 l
1 I I thistle I I I 1 1
I 1 I 1 1 I I I
I I Cost with 1481 chassis 1 81,841.0 1 1 I I I
1 1 I 1 I I 1 1
1 I Delivery 1 121 days 1 91 days S 41-121 days I 1 I
1 i lifter receipt 1 chaseit In 1 chassis in 1 I I c
I 1 I of chassis I stock I stack I I I
1 I I I 1 1 1 I
I 1 1 I I I ~
I i
I I Did Pond I yes 1 yet i Yes I
I 1 l I I ,
I I Tema 1 net 15 1 net 31 1 net on I I 1
1 I 1 I 1 delivery 1 I
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VP
DATE: July 19, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrill, City Manager
SUBJECT: BID1 9874 Wire and Cable
F:
:r
RECO141"TIOR: We would like to withdraw the recommendation to award
k bid item 2 to Cummins Supply. Due to a error in evaluation of the
4y tabulation sheet the lowest bidder with acceptable delivery is Vemple,
Inc. at 1122/ft. for a total of $28,050.00
A
a
SUMMARY: This bid is for the purchase of wire and c0le for replacement
of warehouse stock.
BACKGROUND: Tabulation sheet, previous City Council Report.
PROGAM s DEPART18F11TS OR GROUPS AFFECTED: Working Capital Warehouse Inventory
purchase.
FISCAL IMPACT: 1987/88 Budget Funds for Electric Inventory Stock
710-043-0582-8708
Respectfully submitted:
loy. Y. Harrell
City Manager
Prepared by:
Nana: Denise arming
Title: Buyer
Approved:
o Marshall
T tle: rchasing Agent
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I I ( I 1 I I I 1
11D 1 4814 t I I I I t I I I
IID 1S3lElE NIRE AND LAME I CUMMINS I NELSON I PRIESIER I NESCO I POLELINE I DEALERS I 1EMPLE I 1EMi'LE I 1EMPLE I
TEMPLE
.......___•________________I SUPPLY I I I I I I lit 1 12 1 13 1 16
OPENED June It, 1989 I I I I I I I t I
ACEOUNf I I I I 1 1 t 1 I I !
....-----•--._..._..I............ 1____.___....I_.....••---•I._..........I_._......... 1•• -------••I............ 1....... •---I----------- I
I I I I I I 1 1 1 I I I 1
I 1 fllY I I1EA DESCRIPTIR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENIKA
I VENDOR t
' I L. .......I............ I............ I............ 1 1 -1------------ I............ I••--••..... I
I I 51MM 1 CA9tl CONC l2 I 1 1 .965 I .9251 1,415 1 .424 1 1.101 1 .771 1 .011 1
2 1 25M I CAME VD 411-411.2!1 1 l 9 1 1.24 1 1.101 1 1.14 1 1.114 1 1.345 1 1.122 1 1 1.144
1
3 1 70M 1 NIRE FARE 245 t I 1.34 1 1.126 1 1.'t1 1 1.269 1 1.210 1 1.226 1 1 1
4 1 2" 1 NIRE FARE 111 AMC 1 .4121 1 .47 1 .391 1 .4 1 .427 1 .411 1 .4116 1 1 1
5 1 3M 1 CAPLE 251 MCM UNI I 44 I 1 2.993 I Irfe 1 1.354 1 3.57 1 I 1 1 3. 6
6 1 [IN I CAALE 511 MCM L041 1 5-.71-5 1 1 4.727 1 5162 1 5.453 1 5.72 1 41 I I I 5.252 j
i I I I I ! I I I I 3 I i
I I I I I I I I I 1 ! I
I I TALL OR NONE I I I t I I I I I I
" ~ I I I I 1 t I I 1 I I I
I I I I I I 1 I ! I I I
I t I I ! I ! I 1 I 1 I
r if I = 1 1 I I I I t ! ~~O I ~ 1
1 ! I 1 I I I t I O 1 !
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4
DATE: July 19, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM Lloyd Y. Harrell, City Manager
SUBJECT: 800 9878 PLAYGROUND EQUIPMENT
I ~
t RECONFIENDATION: We recommend this bid we awarded to the low bid meeting the
` spec[ Icatlons or each item as follows: Ari Lea and Associates - Item 1 at $9,440.001
II item 4 at $500.00, Item 5 at $859.00; Webb and Associates - Item 2 of $420.00, Item dt
at $1,480.00, Item 8 at $4,039.00; Bob Modlin Recreation Equipment Co. -Item 3 at
$1,992.00, Item 7 at $162.00. Total bid award Is $18,892.00.
SUtVYIRY: All of the above awards are to the low bidder with the exception of
em th Bob Modlln and Webb and Associates did not meet the specifications for that
I
Item.
BACKGROUND: Tabulation sheet
Memorandum from Bob tickner
PROGRANS, DEPARTMENTS OR CROUPS AFFECTED.
Parks Department
FISCAL, IMPACT: There Is no additional Impact on the General Fund.
4ct submitted:
rell
City ?t anager
Prepared by:
Na Jo n . Marshall, C.P.h1. "
T e: Pur astng Agent
Approved:
J. Marshall, C.P.M.
T hasing Ag
ent
"t'-piourcc
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I I I I I I I 1
RID 1 1 4818 I MATSON I NODLIN I VETO I JIM LEA I HUNTER I 1.7.,$ t I
• I ENTERPRISES I RECREATION I 1 I I I KNEPSHIELD I PARK 1 I t
1ID TETLE PLAYGROUND EQUIPMENT I INC. 1EQUIPNENT CO. I ASSOCIATES I ASSOCIATES I CO. I RECREATION I
I
t I I I 1 PRODUCTS f i
OPENED JULY T 1988 2111 P. N, t I I I I I = =
1 t I i
ACCOUNT 4 464-113-! 03-1119
I I
1 I
1
...1_ I CTY I ITEM DESCRIPlIDM 1 VENDOR I VENDOR I VENDOR I VENDOR I VENDDR 1 VENDOR I VENDOR !
I ..........I
I I , I I I I I 1
1. I I INDD STEEL STRUCTURE PLAYSROUNB 1 11,981.11 1 9,124.11 1 8,351.0 1 91411.11 1 91991.65 1 11,365.11 1 I
I I EQUIPMENT I ! I I I t I
t 1 I I I I I I I
2. 1 3 18' ALUMINUM PARK BENCHES 1 1 232.11 1 141.111 1 259.10 1 268.35 1 I 1
1 '
I I I I I I I I 1
3. I I IMOD STEEL STRUCTURE PLAYGROUND 1 1 11992.11 1 21799.11 1 31461.11 1 31849.75 r 31611.0 1 I
r I I TOT TIME I 1 1
i t f 1 1 1 I I 1 1
4. 1 1 1101 SNINGS 1 ! 1 I I I
1 1 I 561.0 i 511.11 i 661.66 ' 531.0 1 1
r 1 ( I I I 1 (
5. I I 11' 1R11RL ! ! 1 999.11 1 159.11 1 936.76 1 86610 1 I
I I r 1 1 ! 1 1
6. 1 11 is, Nil PICNIC TAMES 1 I 161.11 1 141.0 1 IBb.N 1 214.47 1 211.21 1 I
f I J I I 1 f '
T. 1 2 IEITRA ND PARK STOVE I ! 81." 1 91.0 1 92.11 1 113.31 1 111." I I
f I r I I ! f I I
B. 1 1 IPICNIC SHELTER BITHDUT SHINSLES 1 51995.11 1 60792.11 1 41139.0 1 41988.11 1 41813.31 1 51131." 1
I I
l I ( I I I r J
I I I 1 I I I I
I I VENDOR 11S000NT9 t 1 1 ! I I
I 1 t I (564.011 1281.NI1 I
I I 1 1 I I ALL ITEMS HIM 113,415 1 I
I I I 1 I I ( 1
I I DELIVERY IN DAYS 1 43 1 31-41 1 31-41 1 28 1 45 1 43 1 !
J I 1 1 f 1 = I I 1 c
1 I I I 1 1 1 r
= 1 I 1 1 ! 1 1
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CITY of DENTON, TEXAS Civic Center/ 321 E. McKinnoyl Denton, TX 70201
~C
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M E M O R A N 0 UK
f t,
M TO: John Marahall, Purchasing Agent
PROM: Bob Ticknor, Superintendent of Parks
DATE: July 12, 1988
47
SUBJECT: Recommendation for Bid +9878 Playground Equipment i]
I
I have reviewed the bids received on July 7, 1988, on bid number 9878 for
playground equipment and picnic shelter for the new Avondale Park. I wish to
recommend the follwoing bid items be awarded to three companies.
Item 1. Modular Playground, Jim Lea Associates $ 91440
Item 2. 3 Aluminum Park Benches, Webb and Associates 420
Item 3. Modular Tot Playground, Bob Modlin Associates 10992
Item 4e Tot Swings, Jim Lea Associates 500
Item 5. B foot Whirl, Jim Lea Associates 859
Item 60 10 ED Picnic Tables, Webb and Associates 11480
Item 7. 2 Park Grille, Bob Modlin Associates 162
Item 8. Laminated Beam Picnic Shelter, Webb and Associates 4.039
TOTAL 5181892
Item 1 is recommended over the low bidders, Webb and Associates at $8,350 and
Bob Modlin's bid at $9,429. Webb's and Modlin's bids did not meet
specifications for height and size of the spiral slide. All other items were
low bid prices for each unit. All of these items wUl be installed as part of
the Texas :arks and wildlife grant project which is the source of funding.
a c.
Please a:vise if more information is required.
A.obort *,ckne?;~5
.
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MEN02382
;
E70
Denton Parks end Rscrsotlon Denton, rexes (e f 7) 566-8
,r
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5
DATE: July 19, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. karrell, City Manager
SUBJECT: BID: 9881 AERIAL SIGNAL CABLE
RECOWMATION: We recommend this bid be awarded to the lowest bidder, Priester
Supply, In the amount of $1,288.00 per one thousand feet for Item I and $1.66 for Item
2. Total bid award of $13,212.00.
SUM MY: This bid is for the purchase of 10,000 feet of 100 pair signal cable.
This cable will be utilized as communication 'and control cable for data processing links
and substation control.
BACKGROUND: Tabulation sheet
PROGRAI69 DEPARTPENTS OR GROUPS AFFECTED:
Electric Metering and Substations
FISCAL IMPACT: 1987/88 Electric Bond Fund
Account 0 611-008-0253-9227
Respectfully submitted:
I
L] Y. Harrell
it City Manager
Prepared by:
Now Tom aw, . .
Title: Assistant Purchasing Agent
e, Approved:
n ara o , . .
Purchasing Agent
rtste:
1
J
I ,
I I I 1 I 1 s I I I
BID 1 1 9611 1 1 1 1 1 1 1 1 1 1 1
I NELSON I CLIFFORD I CIRIMINS 1 CUMMINS I PRIESTER I SRAYIAR 1 TEMPLE 1 TEMPLE I SOUTH I KING I
III TITLE AERIAL SJSNAL CABLE I ELECTRIC I OF I SUPPLY I SUPPLY I SUPPLY I ELECTRIC 1 11 1 12 1 WESTERN 1
I
_ I VERMONT t 11 I 12 I r I 1 I 1 I
OPENEC (112168 2s11 P. M. I I I I 1 I I I I I I
----._•-.---.-..-..•.°i--•--°••-•_______________I i I I I I I I I I I'
ACCOUNT 1 bl1-118.1253.4221 1 I I 1 I I I I I I I~
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1 I I I i I I I i I I I l
I ITY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOk I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR I
VENDOR I
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1. 1 1" IAERIRL SISNAL CABLE 1 1588.651 1 1111.111 1 1399.111 1 1622.111 1 1288.111 1 NO 111 1 1341,111 1 1612,111 1 1316.111
1 1511.111 1
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1 1 r I l I I I I 1 I 1 I I
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1 1 1 I I I I I I I f 1 I I
1 I i k I I I I I I I I i l~
I 1 t I i 1 I I ! ! ! I f E
I 1 DELIVERY DAYS 11 1 91 1 75 1 56-11 1 28 1 4 1 1 56-84 1 56-81 1 4 1 45 1
i t 1 DELiVERV DAYS 12 1 2 1 2 1 12-24 1 12-24 1 4 1 1 11-26 1 11-21 S 4 1 11 1
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LATE: July 19, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: B1Df 9882 AIR SWITCHESNERTiCAL
~Y
RECOMODATION: We recommend this bid be awarded to Temple, Inc. In the amount
g of $2,250.00 each. Total bid award is $13,500.00.
SUMWUtY: This bid is for the purchase of six vertical air switches. These
items are replacement for Warehouse stock and the quantities bid are an estimated six
month supply.
This switches are utilized by the Electric Distribution Department
In the maintenance and new construction of the overhead distribution system. The
Elector. Engineering Staff has determined the lower prices offered do not meet required
specifications.
BACKGROUND: Tabulation sheet
i
PRORM, KPARThENTS OR own AFFECTED:
Electric Warehouse Inventory
' FISCAL IMPACT: 1981188 Budget Funds
Account Number 710-043-0582-8708
Respee ly submitted:
U ,
Lloy Y. Harrell
f City Manager
Pre ared by:
Name: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
Approved:
a n ors all, C.P.M.
" Tit I,. Purchasing Agent
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I i MESC4 I ~ BRIDGES I PRIESfER I CUMMINS I POIEI[NF I 6RA1BI~ I I I SUPPLI' I SUPPLY I ELECTRIC I ELECTRIC
t I
111 TITLE A1R SMIiCHES1VEAiICAL t I I I 1 f
OPENED 1112188 2111 P. N. t i t t I I I I
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ACCOUNT 1 I3134582-835 1 i
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1. I 6 I AIR SNITCHES 1 11211,10 1 2,"1.11 1 11831.11 1 11619.11 1 11515,81 I NO 1Eo
I I Menfuturer I I I ABC ; S 1 C i ABC i
1 I I I I
I 1 I I I S t
I Fire for Si: Months i yes i yes i yes i ! Year i yes S i t f
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FOB I ship Point I Denton 1 Denton I Denton i Denton i i I
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I i Delivery 1 14.21 dy 1 11.14 dy 1 61 dy 1 56•71 dy 1 6-8 el
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0923L JA
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD FOR PUBLIC IMPROVEMENTS, PROVIDING
R FOR [
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
and tabuled
f WHEREAS, the City has solicited, receive p
ublic worksrtor
s competitive bids for the construction of improvements in accordance with the procedures of state law and
r City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the publand plans e and tspecifications therefore; NOW,tTHEREFORE d proposals
THE COUNCIL OF THE CITY OF D£NTON HEREDY ORDAINS:
SECTION 1. That the following competitive bids for the
s construe public works or ovements, ns a and described
"Bid Invitations , "Bid Proposals or pl specifications
attached hereto are hereby accepted and approved as being the
lowest responsible bids:
CONTRACTOR AMOUNT
BID NUMBER
980 NATIONAL ELECTRIC1APTUS 31 2 4
6.00
9873 LANDMARK CO. 83
9875 DICKERSON CONSTRUCTION CO. 93.004.25
9876 DICKERSON CONSTRUCTION CO. 12.145.00
SECTION II. That the acceptance and approval of the above
compel t ve Ms shall not constitute a contract between the
City and the person submitting the bid for construction of such
4
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public works or improvements herein accepted and approved, until
such person shall comply with all requirements specified in the
Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, after
notification of the award of the bid.
t,
SECTION III. That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
n the construction of the public works or improvements in
rs accordance with the bids accepted and approved herein, provided
that such contracts are vade in accordance with the Notice. to
Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
compet t ve s and the execution of contracts for the public
t works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the Amount as specified in such approved bids and authorized
s contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
imme atJ~ry -upon its passage and approval.
i PASSED AND APPROVED this the 19 day of JULY , 1988,
CITY OF DENTON, TEXAS
1
ATTEST:
p
f
JENNIFER WALTERS, 1'Y ? CRITARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
k DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: _
PAGE TWO
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DATE: July 19, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
Y
FROM: Lloyd Y. }carrell, City Manager
SUBJECT: BID# 9818 DISPOSAL OF PCB TRANSFORMERS
t RECOlffADATION: We recommend this bid be 7warded to the lowest bidder meeting
specifications, National Electric/Aptus o° Coffeyville, Kansas. The total cost of the
s' disposal service Is $31,264.37.
SUA1'1ART: This bid is for tha legal disposal service fo: 71,117 Ns of PCB
conaminoted transformers.
The lower price offered by Chemical Waste Management, Inc. did
not incic-iw safety requirements and liability Insurance.
BACKBR0UND: Tabulation Sheet
PROGRAMS, DEPARTI#MTS OR GROUPS AFFECTED:
Electric Utility - Distribution
FISCAL IIVACT: 1987/88 Budget Funds
Account Number 610-080-0251-8339
Respect Iyy submitted:
U
Lloy Y. Harrell
City Manager
P epared by,
Name: T.m D. Shaw, C.P.M.
Title: Assistant P -rchusing Agent
Approved:
N1 Jo arsholl, C.P.M.
T e; 'it hosing Agent
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I I I I I I
111 8 1 9848 S I I I I I I I I
I CHEMICAL I ENSCO I ENSCO I U,9. I ENVIRDSURE I SENERAL I APIU9 I AMERCO I
III iiTl[ DISPOSAL DF PCB fAANSFORNER9 1 WASTE IENVIRONNENTAI LITTLE I POMI10M I AANABEREMI I ELECIRIC IENYIRONMENTALIENVIRONMENTALI
.........................~........_......_...._..I NANAHMENi I SERVICE9 I ROCK I CONTROL I CORP I I SERVICE I SERVICE I
OPENED 41L2lB8 hH P.N. 1 1 LA I I W. I ! I INC. I
........................................_--------,I I 1 I I i I I I
ACCOUNI 8 ill-IBI-1251-1339 1 I I I I I I I I
..................................................I............ 1............ I............ 1............ 1 i
......._....1........_. L1 .......--.I_.............
1 I I I I 1 I
1 1 Dig' 1 IT£N DESCRIP1101 I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR I VENDOR 1 VENDOR 1
t I 1 I I I I 1 I I 1
{ I I 1 I 1 I I 1 r ! I
t I I I I I I I 1 I 1 t
1 I t I I I I 1 ! I I
s I I I I I I I s I I
1. 1 71,117 1 1 TRANSFDRNEAS I CAPICAIDR9 1 24,724.11 1 391915.11 1 33019.75 1 32,713.02 1 29,679.61 1 34,324.81 t 31,264.37 1 42,311.75
1
I I I I I I I I ! I I {
2. 1 1 ADD FOR FACKABINB I DISPOSAL 1 $96.01 1 1 1 1 429.31 1 ! 1 1 1
1 I I I 1 I 1 I 1 t I I
I 1 1 I I I I I t I I
I 1 TRANSPORTATION 1 4,162.H I 1 1 s 21173.11 1 1 t I
I I 1 I I 1 r I I I s
I 1 I ! I I 1 I I t 1
I 1 DAYS 10 COMPLETE 1 1 14 1 1 31 1 II 1 1 31 1 1
I 1 I r 1 t t I I ! E
I 1 t 1 I I I I I t !
I I iD1At I 29,682.111 39,971.111 33,279.751 32,713.821 319981.111 34,324.111 31,264.311 12,311.151
1 I I I I 1 I 1 t ! ~ ;
_ I I I ! 1 t s I I ! t
L, ; , ~ I 1 ! r I t t I I I t
, I I I t I 1 S I I ! s
I 1 I I I I I I 1 1 :
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DATE: July 19, 1988
CITY COJHCIL REPORT
TO: Mayor and Members of the City Council
'Y FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 9873 PHOENIX APARTMENTS RE F ABIL ITATION
PHASE III
RECOM1VDATIOII: We recommend this bid be awarded to Landmark Co. Contractors
for the total sum of $83,026.00.
SUMMASY: This bid was sent to twenty-two vendors. We received only one
673 cs mown. We have In our estimate and evaluation considered this bid, his past
performance, the fact that he has been very competitive and has completed this type of
work before. We feel by contacting some of these vendors that they have contracts In
progrers or that they do not desire this type of work. We then recommend this
competitive bid be accepted.
:
8JIC1I6ROUND: Tabulation sheet i
Memorandum from CDBG
MVA, Qf,FMTfM OR GROUPS AFFECTED:
CDBG Funds approved for this project the Income from the
apartments and the pubile.
FISCAL IIVACTs Thai* is no additional Impact on the Generol Fund.
i
Respect Ily submitted:
s ~v
Lloy V. Harrell
City Manager
Prepared by:
. ors hal , C.P.M.
1 tl e. urehaaing Agent
Approved:
a = n J. arsholl, .P. .
rs~ Purchosino Aaent
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S D I 14811 I t I I I I
, I I Z I i
1lD TITLE PHOENII _APAIinNiS PHASE 3......1 LANDMARK I I I I I i
.................................................I Co. I I I I I
DPEAE9 DUNE 31, 1955 1 t I t 1 I ij
I I 1 I I 1
RCCOUNI 1.._....0./.1.8.
t
5..............t.............. 1... _..........I I.............. 1.._.........
j I I t I 1 I I `
j$ 1 I BIM I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I 1
................I....____....._.._.........._....I..............I........_...._I_._._........__...... .___........I
I I 1
I I t S I I
I. I LOT I CARPET { k1,221.M I I I I I
I I I ! 1 1 1 I
2. 1 LOT I PAINT 1 26,NI.So I S t I I p
I I I I I I I S 1
1. 1 LIT I DDORS I 171.111 I I I I
t s I t 1 { t 1 E
3 4. 1 LOT I All CON01T1ONIN8 I 111965.11 I I
4 t 1 I t t I I I
I r j 5. 1 LOT I SMOKE DETECTORS 1 1,581.11 1 { I 1 I {
1 I I I I I I I
t 6. 1 LOT I SUNSCREEN 1 I I I I I
-1 I t 1 I t I I ,
2. 1 LOT I IINOWS I SII.M I ! I I 1
I I 1 I ! 1 I 1
1. 1 01 1 ELECTRICAL WK 1 14,555.11 1 { I I I
I I I 1 I f I I
4. 1 LOT I PLUMV11110RK 1 15120I.N I I I I I
I I I I I I I 1 ~ .
11. 1 LOT I ENTERM1NA11011 I 11121.N I I t t I
i I 1 I ( 1 I I
I TOTAL 1 13,126.11 1 I 1 I I
I I I { I 1 I I
x~.. 1 f 1 I I 1 I t
I { Ill IOND 1 YES I I 1 t I
1 I I t I I
I I I I I I I I
M~/FM°~v.~F~MN rJ d"i A:?n.Fi ~'F r~~, ,k!'..:"" Y x`1,.1 •,tki {ell -b h.a •,+°'A'
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C1TY of oswom
caea oxk•
1108 Waal Oak
DanIon. 7azaa 76201
{61 5666460
r S
MEMORANDUM
TOt John Marshall, Purchasing Agent
FROM1 Barbara Ross, C.D, Coordinator
DATEt July 7, 1988
i
SUBJECTS Bid 9 9873
i
CDBG would like to accept the bid of $ 83,016.00 from Landmark i
Company for the rehabilitation of the Phoenix Apartments,
Phase III,
Please call me at extension 8480 if you have an j
Thank you, Y questions
ar Ara Rose
C.D. Coordinator
br/7/7/88
~n t
In Me. Amm ican Ta idon
TheCattamtud bloaktGnnt-
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DATE: July 19, 1988
r,
CITY COUMCIL REPORT
T0:
Mayor and Members of the City Council
d, FROM:
} Lloyd Y. Harrell, City Manner
SUBJECT: BID# 9875 LOOP 288 WATERLINE CASINt;S
a~
rR RECOMEMDATIOM: We recommend this bid be awarded to the low bidder, Dickerson
` Construction Co. for the bid amount of $93,004.25.
SUMNtRT:
This bid was properly advertised and Invitations were sent to
twenty- ive contractors In this type construction. We received two bids as shown on the
q, tabulation sheet. The above bis Is competitive and In line with our estimctes. This bid
was presented to the Public Utilities Advisory Board at their meeting, July 14, 1988 and
approved.
BACWolf 0. Tabulation sheet
EMWAN OEPARTiM OR B=1n AFFECTEB:
before another Loop 288 prefect is started. the UtIPEtlescDeportmer', b Public Works
Department and the Citizens of Denton will be affected.
FISCAL IMPACT: There is no add,tional Impact on the fenerol Fund.
I Re'spec 1
1y submitt d:
0
Lloyd Y. Harrell
City Hanager
Prepared by:
. s
keil P uicho;InQarAgoent
JApproved:
o .
art : %163
?ills; Purchasing Agent
{
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BID 1 1 9073 1 1 1 1 1 I
.......I LLOYD I 11CK£RSON 1 I I I
111 11TLE LOOP 200' NAIERLINE CASIN69 1 0007499 1 CONSTRUCTION I I I 4
.................................................T CONSTRUCTION I CO. i I I I
OPEu'9 JUIY 7, 1400 2111 P.N. I CO. I I I I t
1 ACCOUNT I E2J-NB-I4l•9131. W--- I I 1 1 I 1
I ! ITY I ITEM DESCRIPTION I VENDOR ! YEPDOR I VENDOR I VENDOR 1 VENDOR I
' .......L........I 1•---------....T.............. 1.............. I.............. I..............1
1 1 I 1 I I I •
I I 1 I t I I I
I I I I I I 1 I
? I. 1 1.01 ILODP 290 NATERLINE CASIN69 I 124914I.B1 1 10,111.23 1 1 1 I
} t I TOTAL 110 PROW.. I I I I I I
' 1 I I I I I i r
3JJ I I t I 1 I I I
.,1 ! I 1 I I I I !
I I I III BOND I YES I Y£9 1 I I 1
' I I s r 1 I 1
~ t I I I I ! t !
1 I 21105 CONPLE11t1N I I I I 1
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a ! t I ! f I I I
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July 19, 1968
CITY COL!4CIL AGEN A ITEM
TOr MAY[fi MJJ MENCERS OF THE CITY CCLIJCIL
FRCMr Lloyd Harrell, City Manager
SL1BJr C=SIDER BID OPENNG 198759 LOOP 288 WATER UTILITY CASIPJGS.
RECxM -fr-M AT IONS i
The Public Utilities Board, at their meeting of July 14, 19880
recommended to the 'Ity Council approval of bid opening 09875
(See Exhibit 1).
BACKGROLU) r
Bids were opened July 7, 19880 end the results are shown In
Exhlblt 11. Dickerson Construction Company Is the lowest
qualified bidder et $93,004.25.
k 01NMYt
To accomnodate the extension of Loop 288 from Stuart to 1.35 E,
casings need .o be Installed underground across the width of tha
proposed righ!-of-way for future required water lines that comply
with the meette plan.
PR0C72AM59 DEPARIT&45, OR CIROUPS AFFEC1EDr
City of Denton, Denton Municipal Utilities, Public Works
Department, Dickerson Construction Company, and the Citl:ens of
Denton.
FISCAL IMPACTi
FY 88 CIP budgeted amount $1620000.UU
(repl. wtr. In. at. prg.)
E
Lees previous FY Bb projects 61i430yUa
(raplb wtr. In, it. prg.)
Total FY 68 CIP budgeted $1000570.00
amount
Lowest qualified bid __931u24112
Amount over(under) budget ($71565.75)
Source of Fundsr Water Distribution Bonds
623-008-0461.9138
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I Page 2
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sp"'.~u sUb I tad,
Lloyd Herrel'I-
City Manager
Ptepe d by,
C. vld Hamr Ulrect-r
Weter/Wastewater Utilities
G I
' App t o
f--.E. Nelson, Execu-tLive--
Director of Utilities
Exhibits 1 City Engineer Recommendation
1 1 Bid 5 urrrna r y
111 Project Location
1V Engineering (Public Works) Estimate
V PU6 Minutes of July 14, 1988
I. V1 Ordinance (Purchasing)
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 546.8100
MEMORANDUM
DATE: July 7, 1988
TO: Lee Allison, Senior Civil Engineer
FROM: Jerry Clark, City Engineer
SUBJECT: Bid No. 9875 Loop 288 Waterline Casings
The Engineering Division has reviewed the bids submitted by
Dickerson Construction Company. They are the low bidder's on
the project. Their bid pricy of $93,004.25 is approximately
equal to our cost estimate of around $90,000 for the project.
They have worked in the City of Denton on past projects. We
have reviewed their references and judged their work to be
acceptable. Therefore, we recommend that this project be
awarded and be considered at the July 13 Utility Board meeting j
for approval. The State is suppose to let bids on the Loop 288
project in August 1988. Therefore, it is very important thai
all these projects get underway as soon as possible to avoid
any conflicts with that construction.
i
Please advise if you need further information.
e a ,
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1 4 9 9 5 - 1 ~c+ L9ti q ,wSs
OPEN .au rPn
ACCOUNT 1 , ~.i ~,l~ nrrlrl}~ ~~ur/J o
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C NJ FT ION
VENDOR VENDOW-
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C~~+`D`~1• Wcc s I NORB DAYS , 0
j mg 364 Natal Line casinos EtilirK,.~C BID 140. `
i PO NO,
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SID TASULATiON SHIST
-ITIK DlSCRIVI'ION QUA ITY UNIT UNIT Its TOT !
tlaccant4aa I I t°±' j- ~
1. I Understananag LO
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2.12.9 A 1 24' 0aoa 10 Staal Caaina I 1,577 I L/ I S ° c
7n
2412.9 a I ]0' 0141 a 10 Staa1 casino I 916.5 I LP I ! IA °
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EXCERPT OF MINUTES
" PUBL!C UTILITIES BOARD MEETING
July 1/, 1988
9. CONSIDER BID OPENING #98750 LOOP 288 WATER UTILITY CASINGS.
Ram advised that to accommodate the extension of Loop 288
from Stuart to I-35E0 casings need to be installed
underground across the width of the proposed right- of-way
for future required water lines that comply with the mastic
k,'rr
plan.
Two bids were received on the project and Dickerson
Construction Company is the lowest qualified biddet at
J930001.25. Staff recommends acceptance of this lowest bid.
LaPorte made a motion to recommend to the City Council
acceptance of the low bid as recommended by Staff, Second
by Chew. All ayes, no nays, motion carried.
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DATE: July 19, 1988
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BID; 9876 MULBERRY 3 CARROLL BLVD
TRAFFIC SIGNAL CONDUIT
RECOMFEMOATION: We recommend this bid be awarded to Dickerson Construction Co.,
Inc- or the I of $12,145.00.
SUPI~IIRII: This bid was sent out to twenty-five contractors that are doing this
Type or construction work. We received only one bid. We feel that this was such a I
small job that the others did not bid because of the expense ad moving their equipment
in for a small job did not make it competitive. This Is however a competitive price
because Dickerson Is already In and doing jobs for the City and they can complete this
one In conjunction with the others.
BACK6ROUNO: Tcbulotlon sheet
Memorandum from Jerry Clark
_PR06RAI5. KPARTIEEMTS OR GROUPS AFFECTED.
Traffic signal Installation, traffic flow and the Citizens from
Denton.
i
FISCAL IMPACT: There is no additional Impact on the General Fund.
4 Respectf ly submitted:
U
L1oy Harreli
City Manager
Prepared by.,
JT'Itll.' n MorsholIt C.PMPurchJasing Agent
Approved:
gam 01o J. Marshall, C.P.M.
rj=j!1 Purchasing Agent
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817066.8200
MEMORANDUM
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r DATE: July 13, 1988
T0: John Marshall, Purchasing Agent
4 ' FROM: Jerry Clark, City Engineer E
1 SUBJECT: Traffic Signal Conduit for Mulberry at Carroll - Bid
No. 9876
i
The bid received from Dickerson Construction for $12,14S.00 was
the only one received. We have reviewed the bid prices.
Although, the prices are not outstanding, they do seem s
reasonable.
}
They apparently have attempted to reduce disruption of traffic
to a minimum through use of a bore for the 1" rigid conduit.
This would obviously make the job go quicker with much less r
traffic control problems. We therefore, recommend that
Dickerson Construction be awarded Bid No. 9876 on the July 19,
Council agenda,
s
Please advise if You need further information. w
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LAIL: U7/191bb
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C11Y COUNCIL RLPOkT F'ORbIAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Adoption of an ordinance authorizing the conveyance of a tract of land
a consisting of approximately 7,907 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:
The Planning and 2,ning Commission consiaared this item at Its meeting of
April 271 1988 and recommended, by a vote of 7-0, an exchange of properties j
at Woodrow Lane,
f
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. (See attached map.)
BACKGROUND:
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The tract on Woodrow Lane is needed for the Woodrow Lane street
project. The city owned tract is exce,is property south of and
adjacent to Mr. Snider's tracr at Woodrow Lane and East McKinney.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
e
N/A
FISCAL IMPACT:
i
This exchange will give the city a portion of the property needed for
the Woodrow Lane project without expending any funds.
4Respec ly s bmi :
arrell
er
Pre red by:
Eli eth Evans
Planning Administrator
App ovedt
ran no
Executive Director for
Planning and Development
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2294L
NO.
T 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 small area, can-
not be used independently under current zoning and Theron Gerald
I 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 val-le; and
ti
WHEREAS, the requirements of Section 272.001, Local Government
Code and Section 2.70 of the Code of Ordinances, having been fully
complied with and met, in all respects; ITOW, THEREFORE, 4
E
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby accepts the conveyance
by eron erald Snider, Jr. of the tract of land described in
Exhibit "A", attached hereto and incorporated by reference herein.
SECTION 12. That, upon receipt Of such conveyance, the Mayor
is here y aut 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
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of 1988.
ATTEST:
1.
.dY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
.
SAY ~V_/'~ ~,Ct
BY #
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A,a-WAIA"TT D[LD-WWC-.,W w1 C",w". Adi W W IFUTI4 IuU "G„Do" ~
EXHIBIT "A" j
TIE STATE OF TEXAS, Know All Men By These Presents:
Tbat THERON GERALD SNIDER, JR.
i X
of tM County of Denton , Stan of Texas for sad ID wnildelatioo of
I,
tht,umut I1
----------------------TrN AND NO100 (S10.00) DOLLARS,
and other good and valuable consideration
to him :a bandpaldby the City of Denton, Texas
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have Granted, Sold tad Cotkvq , and by thm prowU do Cant, Se0 AM Convey tmto tha 14A 'r
4 the City of Denton, Texas
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of the County of Denton , sutt of Texas kN1f1l1afltlf!!
ALL that certain lets tract or parcel of land lyin and being situated in
the City and County of Denton State of Texas, and being pert of the J.
Brock Survey, Abet. No. SS ant also of being part of a tract of land as
conveyed from Naomi Snider Morris to Theron Gerald Snider Jr. by deed
dated August 6, 1919 and re T xu, and Volume 671 Pate 9H deiciibee eas ' more particu Records of Denton County,
follow
i BEGINNING at the southwest corner of said tract, same being the northwest
corder of a tract conveyed to the City of Denton by dud recorded in Vol.
` 333, Paja 430 of the Dead Records of Denton County, Taxes, said point
also lying in the east right-of-vay line of Woodrow Lane;
THENCE north Oo 00' 56" vast ale the west boundary line of said I;
Snider tract, memo being the east right-of-way line of said Woodrow Lane,
a distance 259.21 toot to the northwest corder of said tract said point h
also lying at the intersection of the rest v ht-of-way line of said 'd
Woodrow Lane with the south right-of-way line ol state highway r.M. 426 M
(McKinney Strut) for corner;
4 THENCE south 690 15' seat, along the north boundary line of said tract,
same being the south right-of-way line of F.M. 426 (McKinney Street), a
i distance of 12.0 feet to a print for a corner;
~1 THENCE south Oo 00' 05" salt, 12.0 toot meat of and parallel to tha
vast boundary line of said tract, same being the east right-of-vay line
of Woodrow Lane, a distance of 119.19 feet, to A point for a corner;
(over)
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THENCE south 030 3be 01" vest, a distance of 79.29 feet, to a point in
the south boundary line of said tract, same being the north boundary line
of said City tract, for corner;
THENCE south 890 55' 0 vest, along said bining y90S 66 s uatetfeet of
7.0 feet, to the iu Place o of Beginning sad containing Y2 q jl
land, more or less. j
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TO HAYL AND TO HOLD the sk" dsa M wendau, Uptber with all sed dr{ular, the ryhts and
I , apportaaeer tbaro Io aeywW bd*MW now the said City of Denton, Texas, its y 4
successors
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Moftad wipe forever; aed I do hereby bled myself, my
bdn, useuwn and sdminteuawn, to Ylanent and ramer Defend an and doedu the Wd premlw mw the
Wd City of Denton, Texas, its successors
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*M end eeelpu yalaet every penon wtonaoevee lawfully detmlod, or to ehdm the came, or SAY pawl
theml.
Whom my band At Denton, Texas We dey of
AD. 198 A
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q•{utaen at Repttdt of Gnntor.
q &00 SNIDER' JR.
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{ THE STATE OF TEXAS,
I 117011 at, the unGNR<d wutcdq,
4
r j to oat la aatid Cwary, nw as thh dal 'perDealty LwW.d...... Theron._Garald_Saider..._Jr~----.---_ • - ~
t hoowe to mr to G than penoa.._woom atama...~.... 1R,_.,„....whmehM to W lat,loIng Ingrumml, rsd adnorledtied u a shall
4 .....~,.he___.ewq d the uma for the Purpaam ud ""Wanting thanum
GI IN L'NDER MY hL1MD AND SLAL 07 OPTICS, Thin, ...*eQ= ____.day of_M.. A. D. 19-W
1 Notary hhllc~~~-.+++_. _.JJ~pjOp-.---.--.•..Ceuat7, TOY ~i
4'1beg0 M Cemmlmlaatl
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THE STATE OF TEXAS,
IIroRS aL the uedenLec6 sit0orlb,
CovxrrOF.-.-.-__._.-.
j In and for, said County, Tau, as thh day personally 1 swotitd.-- . ~
I
1noAro It M U be that PeML_ _whaom to IN foradobm b$tNm t, and Www]dpN to d thu
i. ..__Ae~_.temuW tw matte la that purpmea ud toatWer►'na thesis ward -
GIVD; t7NDER UV RAND AND SEAL 07 OPTICS, Thkn.._..,._...,....._d.y oL..._,_._...._.._._____.., A. D. I/..._._..
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ay CDmmko w Iyhaat lima,.,._....__...._»._.»»...,.-. 11....._
CORIMATIOII AC"OR'U=MZ"
THE STATE OF TEXAS, RSTOf t tee w vea,eaip.d .a our b,
• COUNTY 01»_._..._._........_.».._..._». ~
is and la aAld Couaty, Taau, w thin day paramall 4~D W"at r,
._._._..__...._.,...»._-.4.otn Is Am to IN the permit and Deiced
whom uma it wbkrW to tote leerpeh,m lostrumal and uhawwLdmed is at cwt that mum who IM had of tM run I
A nrpomWs, And "M aaNW Nat ome AS the td Of and wpanUoo 101 that yarpaam ud CNM"Mdw twmda mgwoho a 6" kn .
the mpAdty dersta lUtAd.
G[YLN DNLSR aY RAND AND IM Of "(TICS,,..,__dy of A• D.
Notary hbSe,---. -.._.-Ceu.N, Tam +
ay COMM616 t 11_..... ~ ~
ME STATE OF TEXAS, ~ _
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Compute ~ Court at rte County. '
✓ e Nei 1 of chat Covet do hereD7 certify cwt W formatted hiaNmal of w** daW a Aa._-.
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Asy d...-...,.,., A.D. 11.....__., who Mat CDrUlmte of AathaetloW4 ham fdd tot record he my Oita
a& W_.-»»..-.-....da7 af...................._..»..__, A.D. And rat doted Worried thkn.,...,.
deed ef. .,...__._~...-.........._.v,-_., A.D 11..,._., at.......-...... ~...o'ctaL_.-.».-..fl., know RwrN Wd County, he Vol.
pept_._.......... , k
All
WITNUS my Mad And moll al tote County Court at hold Causer, At my alcat k......r..»...»...-...- I
. .
_ , _._.......,__the day and Yap too Aww wAdatm. ~ I
CMAc County Coatis. _,..,...._-.._.._~~._._......Ceuhty, Tau
tLJ) y.._..__.._.__.,.._..-...._..---..._»_..........._.. Deyuty,
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WARRANTY DEED
ild Cov,J W CorrMOd" AAwmeW.ow
IBM
. •TNERON GERALD SKI Out, JR.
so
i THE,•CITY .OF,.DENTON' MM_
PlUD FOR RRCORD
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Thk yu44ment ~►amld be tW b%MW6t0b VYY W
comely OrA far Raota
RE'T'URN TOt ROGER WILKINSON
CITY or Dv"
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EXHIBIT "Bit
of lie Mate of Tugs, Num All ifen by (Ptse [resents:
O;ottnlg of DENTON
That THE CITY OF DENTON, TEXAS
of the County of Denton and State of Texas , for and in considen.ti¢n of 4'j
?g the sum of TEN AND N01100 ($10.001-------------- DOLLARS
and other good and valuable consideration '
to it in hand paid by Theron Gerald Snider, Jr.
~4. of the County of Denton and State of Texas , the receipt of which
is hereby acknowledged, does . by these presents BARGAIN. SELL, RELEASE, AND FOREVER
! QUT CLAI3f unto the said Theron Gerald Snider, Jr.
F
heirs and assigns, all its right, title and interest in and to that certain t:+ct or K s
parcel of land lying in the County of D!+ntOR State of Texas, described as follows, to-wit:
ALL that certain. lot, tract or parcel of land lyi othe J, frock Ce Survey. Abet- 1
• and County y of o! Denton, State of Terse, , and being part
No. 53 and also of being part of a tract of land as conveyed from Ales Dixie at tax
to City of Denton, Texas by deed dated March 1947 and recorded in Volume 333, Page j f
490 of the Deed Records of Denton Ccanty, Texas, and sore particularly described as y
In lows: {f
•i
DWINNIN3 at the northeast corder of Said City of Denton tract, game being the F
southeast corner of a tract conveyed from Naomi Snider Morris to 714eron Oerald
1 Snider, Jr. by deed dated August g, 1979 .tnd recorded in Volume 967, Fall 908 0:
the Deed Records of Denton County, lexasl '
THENCE mouth 20 05' 06' east along the east boctdary line of said City of Denton i
tract a distance of 22.37 feet to a point for cornett
THENCE couch 690 SS' 03' vest south of and parallel en the north boundary line ;
sold City of Denton tract and the south boundary line of Saider tract a distance of
1 131.16 feet to a point lying in the east right of way line of a north south public
road know as Woodrow Lane for coroert 1
'i THENCE north 030 34' O1' east along the vest boundary line of said City of Dorton
' tract and the test right of way line of said Woodrow Lane a distao:e of 22.4 feet
to a point lying to the north boundary line of said City of Denton and the south
;i boundary lint, of said Snider tract for cor¢erl
THENCE north 690 55' 03" east along the north boutda:y line of said City of
Dsotot tract and the south boundary line of said Soidst tract a distance of 128.95
feet to the Point of Eegianing and containing 2907,30 equars feet of lead. -
TO HAVE AND TO HOLD the said premises, together with ail and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said Theron Gerald Snider, Jr.
4 his heirs add assigns forever, w that neither the said
i
I City of Denton, Texas, its successors and assigns
RIOX }stye, not any person or persons claiming under it shall, at Sny time
hereafter, have, claim, or demand any right or title to the aforesaid premises of appurtenances, cr any
yart thereof.
WITNESS MY hand at Denton, Texas this
day of A. D. 19 AS
Witness at request of Gantor: CITY _Of„DENTONr_,TE%AS„ ,
!r ATTEST t . , . [3Y t
RAY STEDNENS, MAYOR
c ,
JENh7ITt0."WSLTEAS'; CITI ZISC0.ESAAe.
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sn "t,~lerold SniQCr,3r, j
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" ly ts;~►,y tSw n lin>` fanu 1a ba rd.alli b 01
j ' 2l~it tti.Al. L, EuF.ro 7.nk 1. be 1•aSK11a1 4y G17
te~l:f•1'~,l0' k
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P 8 v Minutes
April 2n, 1988
Page i
Ms. Evans said that this ordinance would allow the City
Mangler to nelotiate disposition of property that cannot
be separately developed. The Development Review COON! itsee
recommended the disposition of the property on Wilson
Street in exchange for property on Lokey Street.
DECISIONS Ms. Brock moved to recommend approval of the
spos tlon of property an Wilson Street. Seconded by
S Mr. Ramman and unanimously carried (7.0).
D, U-ab. Request for property disposition at Woodrow Lane.
STAFF REPORT: Mr. Clark said that the City of Denton had
excess property south of T. Gerald Snider, Jr. 'a property
on Woodrow Lane. He said that as part of the Woodrow Lane
street widening project, a portion of property is needed
from Mr. Snider. The City's property is 7907.5 square
feet and Mr. Snider's property is 1vOS.65 square feet.
Mi. Evans I' said that t Development
the publicut(lities$cardrecommended Review Committee e and
the
property exchange.
DECISIONS Ms. Brock moved to recommend approval of the
carried w (7-4). Seconded by
unproperty animously at
S I. Lik me and of
M
1V, DIRECTOR'S REPORT.
Mr. Robbins discussed the upcomial agendas wits, the Commission
The upcoming agendas were agreed upon As followst
May 11 Regular Meeting
Publit Hearing and Consideration- tandscapWree
Preservation ordinance
MAY 14 Special meeting
CIP Recommendation
May 1S Regular Meeting
Lakevtev, Sunmount Public Hearings
June 01 Special Meeting
Public Hearing snd Consideration • Denton Development Olin
June 01 • Regular Meeting
Mr. Robbinsfsitsid City Council has requested that a mother of
the Flonoiiit d Zoning Commission be appointed to the blue
Ribbon Mr. Claiborne nominated Mr. Glasscock for the committee.
Mr, Glasscock elreed to serve. All Commiselonert concurred.
Meeting adjourned to the Civil Defense Room at 6345,p.m.
V, ADJOURN 10 A MGRR SES910N iN THb CIVIL DEPEhS1 ROOM TO DISCUSS
,
Mr. Robbins lave a recdvv of whet had happened at the Joint
PUB/N = and the April 1D, 1914 mmetlns of the Commission,
Mr. Robbins said that the executive staff has reviewed the
projects and hoe made a recommendation to the Commission on
the non•utillty projects,
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DATES 07/19/88
CITY COUNCIL REPORT FORMAT
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~ TOS Mayor and members of the city council
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FROM: Lloyd V. Harrell, City Manager
SUBJECT.- ADOPTION OF AN ORDINANCE REGARDING COMPACT PARKING SPACES AND
REPEALING ILLUSTRATIONS IN APPENDIX B-ZUNING 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. k
1
SUM4MRYs
This ordinance would allow net more than 10 percent of the required
number of parking spaces to meet "compact" spice requirements. A
standard parking apace is 9' x 18' and compact parking spaces are
proposed as 8' x 161. Paving criteria would be the same for both
types. Illustrations are being relocated to Appendix A with sections
on parking lot design. Compact spaces must be visibly and diatinctly
marked.
BACKGROUNDS
Several developers have requested the creation of a "compact"
parking space in order to facilitate parking requirements and lot
area availability. Council postponed consideration on July 5, 1988
pending adding a requirement to mark compact spaces.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDS
t
Departments, included in the development process and property owners.
FISCAL IMPACT:
These would be no fiscal impact to the City of Denton.
Respe 1 su mit
i
I Lloyd Harrell
City Manager
Pre red bys
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'ran obb ns
Executive Director for
Planning and Development
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NO.
AN ORDINANCE AMENDING THE PARKING REGULATIONS OF ARTICLE 15 OF
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 $22000 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
'4 p follows:
S 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-
paces
of this article, no more than ten percent of the
parking spaces meeting the design standards for "compact"
parking spaces, as set forth in the Denton Development
Code shall be counted toward the total number of
required parking spaces. Compact parking spaces shall
be reserved for compact vehicles. The parking lot's
compact parking spaces shall be visibly and distinctly
marked as compact parking spaces.
SECTION II. That Appendix Illustrations No. 13 and 13A of
Appendix - on ng are repealed.
SECTION III. Any person who shall violate a provision of
this ordinance, or fails to comply therewith or with any of the
re trements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishrhle by a fine not
exceeding Two Thousand Dollars ($2,000.OU). Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this ordi-
nance is committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION IV. That this ordinance shall become effective
fourteen (T4y__Ways from the data of its passage, and the City
Secretary is hereby directed to cause the caption of this
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ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
l (10) days of the date of its passage,
f PASSED AND APPROVED this the day of 1988.
f
3~A EP N , Y {
ATTEST:
RETARY
7EiFEEf-WAL
APPROVED AS TO LEGAL FORM: 1
DEBRA ADAMI DRAYOVI'►CH, CITY ATTORNEY
BY:
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(S) PARKING LOTS.
In order to insure that the use and design of parking lots
do not unreasonably interfere with the efficient and safe use of
` the public streets, the following regulations shall apply:
(1) All properties shall provide for the number of parking
f spaces as required by Appendix B-Zoning of the Code of Ordinances.
be in accor-
(with h the dimensions dimensions shown in Appendix c A-S.
dance i
(3) Parking lots shall be located or designed so as not to
require vehicles to back into a public street, a parking lot
travel lane or the area where parking area aisles intersect with
travel lanes, as shown in Appendix A-5.
(4) Parking lots shall be designed so that no part of any
public street will be used as a maneuverint-area, travel lane or
s a parking area aisle for any parking lot. Each driveway e611•
have the required vehicle stacking distance within the parking
lot as specified in Appendix A-5, provided, however, the City
Engileer may impose a greater stacking distance in particular
cameo, when clearly necessary so to prevent interference with the
use of any public street. Each stacking area shall be designed
as to be separated from the remaining portion of the parking lot.
r
(5) Each property on which is located a business or facility
which offers drive through window service, such as fast food
restaurants and banke, shall provide the sinie<ua required vehicle
reservoir capacity within the parking lot to specified in
Appendix A-51 so that vehicles will not interfere with the use of
' any public street.
(6) No property shall be deiigni8 to maWi as of the parki:lgg
lot of another property without the express written permission of
the owner of the other property.
(7) All parking lots shall be so designed and constructed
without visw obstructions so that vehicles may enter, circulate
through, and exit the parking lot in reasonable safety without
danger to pedestrians or other vehicles.
~ (8) Parking Iota shall be designed, constructed, and
maintained so that vehicles cannot extend beyond the perimeter of
the lot onto adjacent properties, public rights-of-way,
sidewalks, or areas used as walkways.
PAGE 26
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(9) No portior. of any parking lot, other than a driveway, t
shall be located within five feet (5) of any public street
right-of-way.
(10) Parking lots shall comply with the landscaping require-
ments of any other ordinance.
(11) All parking lots shall be constructed in accordance
with the specifications of Appendix A-5 and the applicable
` provisions of the City's N.T.G. standard specifications. All
parking lots shall be surfaced with concrete or asphalt, except
that pavers may be used as a surface material in lieu of concrete
or asphalt if they meet the minimum load limits for the type and
amount of vehicular traffic proposed to make use of the parking
lot, in accordance with the manufacturer's specifications.
Parking lot surfaces shall be properly maintained in good
condition so as to be free of potholes or other defects and so
} that all parking space lines or other markings are kept visible
f and distinct.
Article 4.06. Reserved.
SECTION Its That Appendices A-1 through and including A-7,
as referenced heroin, are adopted as part of the regulations and
requirements of this ordinance, as though fully incorporated
herein.
SECTION III. That articles 4.17, 4.18, and 4.19 of Chapter
IV o Article I of Appendix A of the Code or Ordinances era
repealed.
SECTION IV. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance or application
thereof to any erson or circumstance is hold invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would
have enacted such remaining portions despite any such invalidity.
SECTION V. Any person who shall violate a provision of this
ordinances or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
'I under, as these provisions, regulations, requirements or permits
or certificatc apply to any property located within the corporate
limits of the City of Denton, shall be guilty of a mi demeanor
punishable by a fine not exceoding Five Hundred Dollars (1500.00).
PACE 27
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APPIWDIX A-3
PAI IN4 LOT SUIIACE (MINIMUM REQUIRENWO)
r
Ir hinlmus Pr.vement T 1c ess and u ra a t
I CoacrEta Asphalt **Pavers
Existing unpaved ( 5 inches with 12 inches with I3 1/8' pavers
Parking Lot I compacted bass I b inches flex base (with compacted
I ~subRrads
--Raw Perkins ots - -
Firs and Drive 1 3 inches with 15 inches with 16 inches lass
Lanes l 6 inch Use subgradel 6 inch lime subgrads Isubgrads for
I solid
- ~ E pavers
Parking Area I S inches with 12 inches with 16 inches list
I coapectsd bass 16 inches flea base Isubgrade for
I I Isolid pavers
I I lot 6 inches
I I Iflaxible bas:
Ifot trids
i I l pavers
E
Construction matericls and methods ere to conform to Worth Tone Council
of Covernasnts standard spscitications and City of Deaton addendum@ to the I
WOO specltications.
i
e Concrete sections are to be reinforced with 3/6 inch barn on 24 inch
centers or 6 x 6 number 6 wire mesh.
ee bhan pavers are used the subgrsda and materials shall be accoralag to
Appendix A-5 - Parking Lot Surface (Minimum Requirements for Pavers).
A List of approved material and suppliers an be obtained from the
Department of Publio Works.
068%/3
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! APPENDIX A-5
MARRING LOT SURFACE
I (MINIMUM REQUIREMENTS FOR PAVERS)
i
ANITICIIAT[D TR/V/1C LOAOiNN ' 1AYtAS R[QUIRfO
. or
YINICItf TOTAL tQUIYALtNt
CLASfI/I. OVtROAVT Rti[TITiOONSAARTt
CATION WOS 20 YEARS f[RVICS t%AM/Lt3 Of USAOS LAVING
FMICKNtsS IATtsRN k
TI O.IS 0 td MULTI.014LLIW DRIVEWAYS M
45,000 ►ARKINQ LOTS CUL•Ot•tAC1. 2 7/I0
MALLS NOT Acis►TIkO 2 JAN N OR
OCL[VERY ,VCMICItS. 2 I/so M011
T2 15.45 45 000 TO MINN Rts10INTIAL STRttTS ° f
E40,000 sWdsCY TO Omu" TOWNS.
COMM[RCIAL /ARRIIIN LOTS. 3 1/NN N OR
7 1/NN N
T1 45.150 140 000 to NCSIHNTIAL STRttTS, 2 7/NN M
Z$0,000 MAILS ACCIPTINN
lVe"ICULAN TRAFFIC. 7 JAN N
T4 If0.450 450 900 To MINOR TIMO{MN ROAON IN 7 1~, M
114 00, 000 URNAN ARtAi M I TM A 40 MM
sltt0 IIN
i T. I IOIINTSi l
Ai
DOWDY WITH tRRNit TNAI/IC
To Kum f 19 4s0.1So0 1,4`0 7 1/~ N
TNT~OA,ANf,~lI N
S/9t0 LIMIT, IIlOIRiTfi r''"~'av+•
lk VANN'N WITH MOOO 104"1IQ `
ANO LOANIM t IARN►.(N3
11) LAYINN /ATTtRM M . 1 4111NNONt M "491 IOM Of LOAOINN CQUIPMNT PAT
IF APPL!CABLX) / • /All 1 OR RUMItR . NOT %``It0 sIAN IN T
f TO
so
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9
is
20
's
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I 2 7 4 f 9 10 II 2 1 IS I It I
AEC01M1[NptO MINIMM 1IN4AS1 TMItRNtts
4tCOM11tNOto MINIMIM ow.lAst TMICMNttsts
V
APPENDIX A_ g
PAR#QNG LOTS
(I) F R
D VARlt, iS oeRKING
SPACE OIMESIONS AND MANEUVERING AREAS
PARALL[L
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PARKING : LOTS
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1 609 , N`~ f
Spar,
80~ No.
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L I L[NGTN OR PARKING SAYS
(2)
i COMPACT PARKING SPACES
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APPENDIX A- 5
PARKING = LOTS
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PARKING LOTS
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PARKING : LOTS
Mn= SIAt= D1!!A= UnVjMM
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71 - too
lot- aso I 600
=sl - $00 So
$01 asA over I leattia itoy MluteN
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~ 1 .OdldlM~M STORdCc ~`eDaa*orv
~R ORW THROUGH FACIUTIES
Orive Thru Eacilieiaa
30
34
to
as
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ao a ae so vo 130 vo
Avow" MumtW 3t cur Arriv 10 700 370 710
i^9 VUdAj Pftk (tour
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P i 2 Minutes
f April 27, 1968
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
housing areas in the city. With a trip generation factor
of 10 trips per day per gross acre, the property would use
leas than its proportionate share of intensity. The land
use would be consistent with the low intensity policies.
Ms. Carson added that F.M. 126 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 coning to permanant agricultural if the City
has already zoned it temporary agricultural. Mr. Morris
` v said that the City has the authority to control the land
use. without the process, there would be no control in
annexed areas. Be added that it is also required by law.
Mr. Claiborne further explained that when an area is an-
nexed into the city, it comes in with a temporary zoning
classification, named agyticultural. The City is now going
through the formality of making it a permanant status.
IN PAVOR: None Present. `
OPPOSED- None Present.
RECOMMENDATIONS Ms. Carson said that it was a voluntary
request rom property owners to tone the annexed property.
She added that staff did recommend approval.
Chair declared public hearing closed.
DECIS O_NS Mr. Glasscock moved to recommend approval of
E=8S=38I. Seconded by Mr. Bolt and unanimously carried
(7-01. I
k B. rDOPTION Of AN ORDINANCE AMENDING THE PARKING REGULATIONS
OF T 1§19,1,1 OP AP ENDIX E-iONIN OP TBE CODE OP ORDI-
N N TEX , to prov de Or requ-
at one or compact par ng spacial repealing Appendix
Illustrations No. 13 and 13A of Appendix E-toning, provid-
ing !or a maximum penalty of $2,000 for violations thereof,
and providing for an effective date.
5 P R 'CP s Ms. Cscion said that staff is recommending
approve o an amendment to the toning Ordinance to create
a compact packing space. This would allow not r-re than
10 percent of the required number of
pparking spaces co meet
'compact` space requirements. She said that standard park-
ing spaces are 9' x 1E' and compact picking spaces are pro-
posed to be s' x 141. She added that the paving criteria
would be the saes for standard and compact spaces.
IN FAVOR: None Present.
OPPOSED: None Present.
A lady, from the audience, asked if it would be re uiced
`F for the entice city. Ms. Carson said that it would be for
any new development or resteiping of an existing parking
lot.
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P i I Minutes
April 21, 1989
Page 3
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A gentleman, from the audience, asked it it would be
"up to 10 percent" or that 10 percent would be required.
allowance of
Me. Csraon acid that lhWOUld not be required.
it
10 percent but that
chair declared the public hearing closed.
DECISION: Mr. Glasscock moved to recommend adoption of
aft amending the parking regulations of Article
15 of Appendix a-Zoning of the Code of Ordinances of the
City or Denton, Texas, to provide for regulations for tione
compact parking spaces) repealing Appendix
No. 13 and 13A of Appendix a-Zoning: providing for a
maximum penalty of $2,000 for violations thereof) and
so vunanm for an carried date. Seconded by Ms. Kiker
C. -----ON Of AN ORDINANCE Of THE CITY COUNCIL OF THE CITY
M AS Y came ng a me-limit
or w ch COnstruct on must. be91n) and providing for an
effective date.
1 STAtt_ REPORT: No. Evans said that this proposed amendment
would delete Paragraph 'G" Eton the current specific gas
permit section of the toning Ordinance. Paragraph "G"
states that it specific uae permit is null and void it
s construction or use is not substantially underway within
one year. The repeal of the one year time limit would not
affect the Commission and City Council's authority to limit
the time of a Particular use allowed by the toning Ordi-
nance. She said that it would still give thi Commission
i and City Council the opportunity to specify a time period
for ■ specific use permit, which is addressed in Paragraph
She added that Paragraph 'f" would allow the Commis-
t
sion to decide on a time period in which to begin construct
tion as well.
Mr. Holt asked the purpose of repealing Paragraph 'G'.
Ne. Evans said that under the current ordinance, the
expiration data is automatic if construction or via is
not substantially underway within one year. She said
petitioner is not always aware of this and has to come
in and request an extension of loss the right to use the
specific use permit.
Mr. Holt for a recommendation. Ms. Evans said ton
to the
that staff would look at each caear determine how much
time should be allowed, and than present it to the Com-
mission for a recommendation to the City Council. The
Commission would be given the opportunity to change or
delete the time limit.
Mr. Remain asked what was wrong with the people having
to come back for an extension. No. Evans said that there
was nothing actually wrong with it, though it was an extra
step.
U Mr. Kanman asked if theta was a cost for extending the
y$ specific uae permit. Ns. Evans said no, there were no
additional costs at this time.
Mr. Ramman said that he felt there should be more control
S over specific use permits. No. Evans said that the time
limit could vary for each individual.
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AD
ClrYof DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817) 668.8307
Office of the City Manager
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DATE: July ld, 1988
TO: Mayor and Members of City Council
FROM: Rick Svehla, Deputy City Manager
~k SUBJECT: False Alarm Ordinance
We have reviewed the Ordinances that we could obtain from the
area cities and are attaching a compilation of this
information. Most of them are in the Metroplex area.
k Our proposed Ordinance calls for an annual fee of $20,00 and a
penalty fee of $50.00, $75.00, and $100 for burglar, fire, and
robbery (respectively) after the third false alarm within a
12-month period, This compares very favorably with the area j
r cities as compared with the attached information.
" We continue to have false alarms for both Police and Fire
Departments and believe this is an effective way to deal with
the problems and make sure we can get to the right people to
fix the problem. This is obviously the purpose of the permit.
i
If we can answer any questions you may have on this matter,
please feel free to contact me.
e i
Rick v a, eputy City Manager
RS/nb
29S3C
` Attachments
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ALARM ORDINANCE SURVEY
Number of
C~ Cost Term False Alarms Penalty
Dallas No Fee 3 Yr. 2 Alarms $50 each
Addison $12 1 Yr. 3 Alarms $50 Burglar
$100 Fire
$75 robbery
$50 Emergency
Medical
I Assistance
Plano $20 1 Yr. 4 Burglar $50 each
2 Fire $100 each
0 Robbery $100 each
0 Medical* $50 each
0 Emergency
Assistance* $50 each
Farmers
Branch No Fee 1 Yr. 3 Alarms $W each
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* Fee only assessed if there was one false alarm in the preceding 12 months.
4140M
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FIRE DEPARTMENT
217 W. McKinney Street
Denton Texas 76201
(817) 5668110
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CITY of DENTON, TEXAS
e
PIF~IO =;r
T0. City Council Members
FROM: Robert Hage.mann, Fire Marshal
DATE: 29 June, 1988
RE: False/Malfunction Alarm System Data
Records of the following years show that there is a growing
problem with Alarm Systems. Most of the alarms are a no fire 1
situation.
From the records of 1983 through May, 1988 we found these
results. The alarms listed below were False/No Fire Situations.
1983 - 57
1984 - 80 '
I
1985 - 88
1986 - 75
1F87 - 86
11988 - 33
This Ord'nance is not intenced to generate revenue. The whole
i" inten`,. i, to correct the problem of Alarm Systems giving false
r. alarms due to poor or lack of maintenance of the operators
owners of Systems. With a permit program this will help us to
y, know and regulate Alarm holders to a good maintenance program of
Alarm Systems. This Ordinance has a fee charge for those who be-
come negligent and have more false alarms or are Habitual of-
fenders. This will help alarm holders to maintain thoir .alarm
t' Systems to be in proper working order nt all times. Wn .rrunurage
the Al,.-.n System to be installed and used, this Ordinance whould
not be Thought of as a discouragemr~nt of installing the alarms.
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City Council Members
29 June, 1988
tie feel that Alarm Systems are an asset to ar.y business, home or
i office. The Alarm System will report the fire quickly and can
even reduce damage.
$1988 False Alarms are January through May only.
Robert Hagemau
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I1802L
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES Of- THE CITY OF
DENTON, TEXAS BY ADDING CHAPTER 3-1/2 TO INCLUDE SECTIONS 1
? THROUGH 15 OF ARTICLE I OF CHAPTER 3-1/2 "ALARM SYSTEMS" ESTAB-
LISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS
1 WITHIN THE CITY; PROVIDING DEFINITIONS; REQUIRING A PERMIT FOR
USERS OF ALARM SYSTEMS; PROVIDING FOR ISSUANCE OF PERMITS;
PROVIDING S SPENSION SERVICE OF PERMITS; O
DENIAL AND REGULATING ALARM REPORTING AND
MAXIMUM OPERATION; PENALTY PROVIDING TO EXCEED $500.00; C ANDS PROVIDING PROVIDING FOR FOR
EFFECTIVE DATE. j
{i WHEREAS, the Fire and Police Chiefs of the City of Denton
I have determined the necessity of establishing regulations for
' the use and operation of alarm systems within the City and have
recommended he
approvesatands adopts;
recommendations thesCity iCouncil hereby such
NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the Code of Ordinances of the City of
Denton, exas s hereby amended by adding a new Chapter 3-1/2 ,
to be entitled "Alarm Systemswhich establishes regulations
for the use and operation of alarm systems within the City,
which said Chapter shall read as follows:
I
ARTICLE I. DEFINITIONS
Sec. 3 1/2-1. Definitions.
(a) ALARM SYSTEM means a device or system that transmits or
relays a signal intended to summon emergency services of the
City, as illustrated by, but not limited to local alarms. Alarm
system does not include:
(1) An alarm installed on a vehicle unless installed
at a permanent site;
(2) An alarm designed to alert only the inhabitants
of a premises; nor
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(3) An alarm installed upon premises occupied by the
city.
(b) ALARM SITE means a premises or location served by an
alarm system.
x
(c) BURGLAR ALARM NOTIFICATION is a notification intended to
summon the police, which is initiated or triggered manually or
by an alarm system designed to respond to a stimulus
characteristic of unauthorized intrusion.
(d) DIRECTOR meane the Chief of Police, the Chief of Fire
Department or their authorized representatives.
(e) EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION means a
notification intended to summon emergency medical assistance
from the City.
(f) FALSE BURGLAR ALARM NOTIFICATION means a burglar alarm
notification to the police, when the responding officer finds no
evidence of unauthorized intrusion or attempted unauthorized
intrusion.
(g) FALSE EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION
means an emergency medical assistance alarm notification to the
Fire Department, when the responding Fire Department personnel
finds no evidence of need for emergency medical assistance.
(h) FALSE FIRE ALARM NOTIFICATION means a fire alarm
notification to the Fire Department, when the responding fire
department personnel find no evidence of a fire having occurred
or of a need for Fire Department services.
(i) FALSE ROBBERY ALARM NOTIFICATION means a robbery alarm
notification to the police, when the responding police officer
finds no evidence of a robbery.
FIRE ALARM NOTIFICATION meerts a notification to the Fire
Department intended to summon firefighting forces, which is
initiated or triggered manually by an alarm system designed to
react to any of the visual or ptysical characteristics of a fire.
(k) LOCAL ALARM means an alarm system that emits a signal at
An alarm site that is addible or visible from the exterior of a
structure and has as its purpose the summoning of aid from a
City department.
(1) PERSON means an individual, corporation, partnership,
association, organization, or similar entity.
PAGE 2
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(m) ROBBERY ALARM NOTIFICATION is a notification intended to
summon the police when a robbery occurs by means of an alarm
system designed to be purposely activated by a human.
ARTICLE II. PERMITS
j Sec. 3 1/2-2. Permit Required.
i! A person commits an offense if he operates or causes to be
operated, an alarm system without an alarm permit issued by the
director. A separate permit is required for each type of alarm
notification capable of being emitted from each alarm site other
j than a robbery alarm notification.
Sec. 3 1/2-3. Application.
A person shall make application for a permit for burglar and
robbery alarms at the Denton Police Department. A person shall
make application for a ermit for fire and/or emergency medical
assistance alarms shall be made at the Office of the Fire
Marshal, Denton Fire Department.
Sec. 3 1/2-4. Form of Application.
(a) If the applicant is an individual, the application shall
be subscribed and sworn to by such person. If the applicant is
an individual and does not reside, operate any business or is
not employed within the State, or in the event the applicant is
a firm or partnership and no owner or general partner resides,
operates a business or is employed within the State, then the
application must also be subscribed end sworn to by the
individual having the authority and responsibility for the
management end operations of the alarm business within the
State. If the applicant is a corporation, the application shall
be subscribed and aworn to by or at least one principal
corporate officer. It the application is a corporation and none
of its principal corporate officers are responsible for the
management and operations of the alarm business within the
State, the application shall also be subscribed and sworn to by
the individual having the authority and responsibility for the
management and operations of the alarm business within the State.
(b) If the applicant is a corporation, the application shall
s ecify the state and place of its incorporation, the location
of the applicant's principal place of business, a list of the
principal corporate officers and the business address, residence
address and the office or position held by each principal
corporate officer.
'a PAGE 3
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(c) If the applicant is a pa.tnership, the application shall
specify the location of the applicant's principal place of
business and the names, business addresses and residence
addresses of each partner. h
(d) The application shall include the following information
for each individual required to subscribe and swear to it:
(1) The individual's full name, business address,
{ and residence address;
I (2) The individual's residence and business tele-
phone number; and
1I (3) The individual's date and place of birth.
(4) The individuals responsible for the proper
maintenance and operation of the alarm system.
(e) The application shall state the address site for the
location of the alarm system and whether it is a single family
residence, multi-family residence, or commercial business site.
Sec. 3 1/2-5. Permit Issuance or Denial.
Upon receipt of a completed application form, the director
shall issue an alarm permit to an applicant unless the applicant:
(a) has failed to pay a service charge fee assossed under
Section 3 1/2-9;
(b) has had an alarm permit for the alarm site revoked and
the violation causing the revocation has not been corrected;
(c) has made a false statement of a material matter;
(d) committed any act, which, if committed by a licensee
would be grounds for the revocation of a license under Section
1/2-16; or
(a) while unlicensed, knowingly and willfully committed, ar
aided and abetted in commission, of any act for which a license
is required by this ordinance.
Sec. 3 1/2-6. Transfer.
An alarm permit cannot be transferred to another person.
However, the individual designated to relay an alarm may be
changed. A permit holder shall inform the director of any
PAGE 4
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y changes that alters information listed on the permit application
and no fee shall be assessed for such changes.
Sec. 3 1/2-7. Other Types of Alarms.
(a) A person shall not install or oaintain an alarm system
except for the purpose of eliciting responses to burglaries,
robberies, fires, or requests for emergency medical assistance,
unless specifically authorized by the director.
(b) If innovations in alarm bystems or other types of alarm
directs adversely romulf services of in order tto
directors may may promulgate 8at
protect the City's emergency services.
Sec. 3 1/2-8. Fee for Permit; Duration; Renewal.
A non-refundable fee of Twenty ($20.00) Dollars per year is
required for each permit and must be paid before a permit is
issued. A permit is issued for one year and must be renewed
every year thereafter by payment of the permit iee. It is the
responsibility of the permit holder to pay the renewal fee prior
to the expiration date.
Sec. 3 1/2-9. Service Charge for False Alarms.
(a) The holder of a permit shall pay a fee of Fifty ($50.00)
y Dollars for each false burglar alarm notifice.tion emitted from
mothree (3) nth periodglee burglar alarm
is
an alarm situ that i
twelve excess (12) of
notifications within a
(b) The holder of a permit shall pay a fee of Seventy-five
($75.00) Dollars for each false fire alarm notification that is
twelve excess (12) month period false
emitted oi within that a is in
fire alarm notifications
(c) The director shall assess the ermit holder of a robbery first alarm a fee of Seventy-five ($75.00) Dpoiraraor the Dollars aloe
robbery alarm notification, One Hundred ($1
the second false robbery alarm notification and Two Hundred
($200.00) Dollars for the third false robbery alarm notifica-
robbery alarm notification twelve (12) months of
tion first emitted false from the alarm site
(d) For purposes of this section, the twelve (12) month
period shall begin on the date the permit is issued to the
permit holder and thereafter on subsequent renewal dates. In
the vpermit is revoked
shall begin when the under evocation is Withdrawn twelve
month
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(e) The director shall assess the permit holder of an
emergency medical assistance alarm a fee of Fifty ($50.00)
Dollars for each false emergency medical assistance alarm
notification emitted from the alarm site.
F
(f) A permit holder shall pay a fee assessed under this
section within thirty (30) days after receipt of notice that it
has been assessed.
(g) The permit holder will be exempt from any fee charged
for a false alarm notification which is later shown by the
permit holder to either have been lastified or which was due to
a natural or manmade catastrophe or other situation specifically
exempted by the director. In addition, no fee shall be charged
under this section for thirty (30) days after the date of
installation of an alarm system.
ARTICLE III. ALARM SYSTEM OPERATION
Sec. 3 1/2-10. Reporting of Alarm Signals.
(a) A permit holder shall not report alarm signals through a
relaying intermediary that does not meet the requirements of
this chapter and any rules and regulations promulgated by the
director or is not licensed by the Texas Board of Private
Investigators and Private Security Agencies.
(b) A permit holder shall not report alarm signals through a
designated emergency 411 telephone line.
Sec. 3 1/2-11. Proper Alarm System Operation and Main-
tenance.
(a) A permit holder shall;
(1) cause an adjustment to be made to the sensory
mechanism of his alarm system in order to
suppress false indications;
(2) maintain premises containing an alarm system in
a manner that insures proper operation of the
alarm system; and
(3) display in a prominent exterior location an
identification notice provided by the director.
(b) A permit holder shall:
PACE 6
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(1) wills sound for noilonger than 30 minutessalter
l being activated; or
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(2) provide personnel within 30 minutes after being
l notified by the City, to reset the alarm system
I and provide access to the premises.
Sec. 3 1/2-12, Manual Reset Required.
A person in control of a local alarm or an alarm system that
causes an alarm notification to be sent, directly to the City
shall adjust or cause the adjustment of the mechanism so that
upon activation the system will transmit only one alarm signal 1
1 and will not transmit another alarm signal without first being
1 manually reset.
Sec. 3 1/2-13. Inspection. !
Upon reasonable notification, the Police Chief or Fire Chief
or their designated representatives may inspect an alarm site
and alarm system of a permit holder.
Sec. 3 1/2-14. Indirect Alarm Reporting.
A person who is engaged in the business of relaying alarm
notifications to the City shall:
(1) !end t A ification of an alarm to thu City by a
numan operator;
I
(2) keep his business premises locked and secured at
all times;
(3) allow an inspection of his business premises by
authorized representatives of the the Police
and/or Fire Department at any time;
(4) report alarms only over a special telephone number
or numbers designated by the director; and
in a manner
(5) send alarm notifications t form determined by the director.
and
Sec. 3 1/2-15. Direct Alarm Reporting.
A permit holder whose alarm system transmits automatic alarm
notifications directly to the City over the normal telephhone
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system shall:
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(1) transmit in the form and content specified by the
director;
(2) transmit over special telephone lines designed for
such use;
(3) design his system so that it will notify the permit
holder, or his designated agent identified on the
permit application, when an alarm is transmitted to
the City;
i (4) furnish the director upon request with satisfactory
j copies of the alarm operation procedures, main-
tenance procedures, and up-to-date circuit diagram
of the componetiits of the alarm sys'am; and
(S) furnish the name, address, and telephone number of
an alarm company licensed by the Texas Board of
Private investigators and Private Security Agencies,
responsible on a 24 hour, seven-day-a-week basis
for correcting any malfunction that may occur.
ARTICLE IV. REVOCATION OR DENIAL
Sec. 3 1/2-16. Revocation of Permit.
(a) The director may revoke a permit or refuse to renew an
alarm system permit for any violation of this ordinance.
(b) The director may revoke a permit or refuse to renew an
alarm permit if an alarm system generates an excessive number of
false alarm notifications in a twelve (12) month period. In
each respective category, an excessive number shall be:
(1) five false burglar alarms;
(2) three false robbery alarms;
(3) three false emergency medical assistance alarms;
and
(4) five false fire alarms.
(c) A revocation may be withdrawn and a permit reinstated or
a permit may be renewed upon a sufficient showing that the condi-
tions which caused the action have been corrected and if the
PAGE 8
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} director determines that the alarm system is likely to be main-
tained and operated in a responsible manner and in accordance
with the provisions of this ordinance.
Sec. 3 1/2-17. Unauthorized Operation.
t
A person commits an offense if he operates an alarm system
f, during a period of re-rocation or after the director refuses to
renew his permit.
Sec. 3 1/2-18. Appeal from Denial or Revocation of a
Permit.
i
(a) If the director refuses to issue or renew a permit, or
revokes a permit, he shall send to the the applicant or permit
holder by certified mail, return receipt requested, written
notice oil his action and a statement of the right to an appeal,
to the address listed on the permit. The applicant or permit
holder may appeal the decision of the director to the City
Manager by filing with the City Manager a written request for a
hearing, setting forth the reasons for the appeal, within ten
(10) days after receipt of the notice from the director. The
filing of a request for an appeal hearing with the City Manager
stays an action of the director in revoking a permit until the
City Manager or his designated representative makes a final
decision. If a request for an appeal hearing is not made within
the ten (10) day period, the action of the director is final.
(b) The City Manager or his representative shall serve as
the hearing officer at an appeal hearing and consider evidence
offered by any interested person. The formal rules of evidence
do not apply at an appeal hearing and the hearing officer shall
make his decision on the basis of a preponderance of the evidence
presented at the hearing. The tearing officer must render a
decision within thirty (30) days after the request for an appeal
hearing is filed. The hearing officer shall affirm, reverse, or
modify the action of the director, and his decision is final
unless the applicant or permit holder files a written request
with the City Council for a hearing within 10 days after receipt
of notice of the action of the hearing officer. A written
regnest to the City Council stays the action of the hearing
officer ir, revoking a permit until the City Council renders a
final decision.
(c) If a request for an appeal hearing with the City Council
is filed within the 10 day period, the City Council shall hear
and consider evidence offered by any interested person. The
formal rules of evidence do not apply to an appeal hearing
before the City Council. The City Council shall decide the
PAGE 9
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appeal on the basis of a preponderance of the evidence presented
at the hearing. The City Council shall affirm, reverse, or
modify the action of the hearing officer by a majority vote;
S, failure to reach a majority decision on a motion shall leave the
hearing officer's decision unchanged. The decision of the City
Council is final as Lo administrative remedies within the City.
ARTICLE V. VIOLATIONS
r Sec. 3 1/2-18. Violation, Persons, Corporations, Partner- `
I ships and Associations.
(a) A person commits an offense if he violates by commission
or omission any provision of this ordinance that imposes upon
him a duty or responsibility.
(b) In addition to prohibiting or requiring certain conduct
r on individuals, it is the intent of this ordinance to hold a
corporation, partnership, or other association criminally
responsible for acts or omission performed by an agent acting
a in behalf of the corporation, partnership, or other association,
and within the scope of his employment.
Sec. 3 1/2-19. Penalty.
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding
Five Hundred Dollars ($500.00); and each day and every day that
the provisions of this ordinance are violated shall constitute
a separate and distinct offense. This penalty is in addition
to and cumulative of, any other remedies as may be available at
law and equity.
SECTION II. That if any section, subsection, paragraph,
sentence, c use, phrase or word in this ordinance, or appliaw
tion thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby
declares it would have enacted such remaining portions despita
any such invalidity.
SECTION III.
(a) That this ordinance shall become Effective fourteen
` (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
PACE 10
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newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
(b) Any person who operates an alarm system on the
effective date of this ordinance must apply for a permit within
the following periods:
(1) Within sixty (60) days from the effective date
of this ordinance, all commercial businesses,
including financial institutions, shall have
obtained a permit for each type of alarm
emitted from the alarm site.
(2) Within ninety (90) days from the effective date
of this ordinance, all multi-family dwellings
site for each type of
shall have obtained a alarm emitted £ om the alarm site.
A C
(3) Within one hundred and twenty (120) days, from
the effective date of this ordinance, all
single family and duplex dwellings shall have
obtained a permit for each type of alarm
emitted from the alarm site.
1988.
PASSED AND APPROVED this day of
` ATTEST:
b"FAiEY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY
BY,
-J-
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July 19, 1988
i
CITY COUNCIL AGENDA ITEM
,
TOr MAYOR AND MEMBERS OF TFE CITY CCtUCIL
s
FROM: Lloyd Harrell, City Manager
3
SUBJ: CONSIDER ORDINMICE APPROVING CONIRACT FOR PURCHASE OF
APPROXIMATELY 15,95 ACRES FOR 1FE NEW BOASTER PUMP FTAT!"4
FROM DR. ELIZABETH R. VAtXaFVa%
REOUMME DAT1ON:
The Public Utilities Poard, at their meeting of July 14, 1968,
recurrmended to the City Council approval of subject contract and
ordinance.
SUMMARY i
Pursuant to the approval by the City Council to proceed, the t
Staff has been negotiating with Dr, Elizabeth R. Vaughan, Dr.
Vaughan has agreed to sell 15,95 acres at a lump sum amount of
a15U,515,A8,
From the date of signfng, the City will have sixty 50) days to
obtain a survey. This has already been accomplished. The
Planning and Zoning Commission reviewed this Item at their
meeting of July 14, 1968, as did the Public Utilities Board.
BACKGROUND:
The proposed purchase is necessary for the construction of the
Booster Pump Station in conjunction with the proposed Ray
Roberts Water Plant.
PROGRAMS, DEPARTMENTS CR CROUPS AFFECTED:
City of Denton, Dr. Vaughan, and the Citizens of Denton,
FISCAL IMPACT:
i
Original estimate total lend purchase (5600,000,00)
Less 31 acres of Neblett property
already approved this year 124,572.51
Less available fund approved earlier
for the Coulter property 232,449.30
Available Funds $2429978.19
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Pcge 1
VV545
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Request for approval Booster Pump
Site - 15.95 acres, Vaughan pru;erty $150,515.98
Fund Balance $929462.21
Source of Funds: Water Bords
623-008-0460-9101
7
Res full,y7 su fled
L I o yW-Fle r r eee I I-----
CIt~ Manager
P aLr d by
_
C, Davld Foam, Dl rector
Water/Wastewater Utilities
APP~° fd_ / lx.
R. E. --L.-........
[l
Nelson, Executive -
Director
Department of Utilities
Exhibit I Ordinance/Contract
11 Location Map
x III PUB Minutes of July 14, 1988
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5599U:7-8
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2385L
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N0.
?Q AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCEL'SE OF
REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED dEREIN
THE
VAUG
AN EFFEC IVE PROPER DATE.TY FOR
V ELIZAB
ISITION FROMCITYDR.IS WATERETPLANTI AND AOVIDING FOR
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton, Texas
apprMi the Contract of Purchase of Real Property providing for
the purchase of that certain real property described in said con-
tract attached hereto, by the City of Denton, Texas from Dr.
Elizabeth R. Vaughan, in the amount One Hundred Fifty Thousand
Five Hundred Fifteen Dollars and Forty-eight Cents ($150,515.48), !
in accordance with the terms and conditions of said contract. f
k SECTION 11. That the City Council authorizes the expenditure
of funds in the amount specified in said contract for the purchase
of said real property and authorizes the City Manager to execute
any and all documents necessary to consummate said purchase..-
SECTION 1111 That this ordinance shall become effective
imae ate y upon its passage and approval.
PASSED AND APPROVED this the day of 1988.
KAYOK
i
ATTEST:
E AKY
3=711. WALTEH, APPROVED AS TO LEGAL FORM:
DEBRA ADAMZ,DRAYOVITCH, CITY ATTORNEY
BY:
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2385L RECEIVED W' 2
THE STATE OF TEXAS §
CONTRACT FOR PURCHASE
COUNTY OF DENTON OF REAL PROPERTY tt
~ AN
1. Parties. DR. ELIZABETH R. VAUGHK (Seller) q room to sell
and convey to the CITY OF DENTON, TEXAS, a municipal corporation
of the State of Texas (Buyer), the property described below.
2. Prop
,jyj . Seller agroes to sell to Buyer all that certain
real propazty (the Property) situated in the City of Denton,
County of Denton, State of Texas, described in Exhibit "A",
` attached hereto and incorporated herein by reference.
3. Escrow Agent. Lawyers Title of Denton, 513 bast Oak
Street, Gi o 3enton, Texas, is hereby dosignated as escrow
agent and t a Purchaser, on execution of this agreement, shall
pay the escrow fee, if says
4. Contract gales Price. The total sales price for the Pro-
party onalL a as ua re Fifty Thousand Five Hundred Fifteen
Dollars and Forty-eight Cents ($150,515.48)0 which sus shall be
the sole cospensation due Seller for any and all claiss of any
description whatever arisia out of the Buyer'e acqui6ition or
use of the property for public purposes. The total sales price
is to be paid to the escrow agent as followss
(a) One Thousand Dollars ($1,000.00) on the execution
of this contract by both parties, as earnest
money.
(b) The balance in cash or certified or cashier's
check at closing on delivery to the escrow agoat
of a general warranty dead with full covenants,
duly axseuted in proper fors for recordin so as
to convey to the Buyer a good and marketable
' record and title to the Property free and clear of
all recorded and unrecorded liens, assessments
leases taxse, and encusbrances, restrictions, ans
coaditions, except public easements and rights-of-
way of records (Go) 0
5. Closing Dato transactions shall be closed on or
beforeMaGe-Y 'calendar days from the data of acceptance of
this agr at by the Sealer and Buyer, or at such other time as
the part as may mutually agrea, at the office of the escrow
agent or at such other location as is mutually agreeable to the
1 parties heroin.
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6, Su~~rv•yy. A survey of the Property shall be obtained
within sixty (60) days of the effective date of this a, reament
by the buyer st the Buyer's expense, to be performed by a
Registered Putlie surveyor licensed by' the State of Texas. A
plat of the survey together with any appropriate field notes
shall be furnished to Seller and Buyer prior to closing. The
survey shall locate all improvementa, ancroachmeuts, property F
lines, and all easements and roadways adjoining or crossing the
property. The total sales price for the Property shall be
f
determined by the exact acreage as shown on the survey furnished.
7. Title Insurance Polic . The Seller a reel
i closings to g r prior to the
g, procure a t e uyer's coat, from Lawyers Title of
l D
the Buyer, a enton or anoeher title company of Seller's choice acceptable to
I able title to the Buyer~in title the report
full amount of the purchase price.
8. Effect of Defective Title. Should the title prove defea-
tive in the op n oo o the Buyer's attorney, than -such defect
shall be pointed out in writing by letter delivered to the
Seller after the deliver of such preliminary title report, and
the Seller shall have thirty (30) days thereafter is which to
cure such defects or, if agreed to by Buyer in writing, prior to
closing.
q 9. Inability to Conv~Titlee, In the event Seller is unable
to convey goo an marketable record and title to the land as
4 provided for heroin in the opinion of the Buyer, then this
agreement shall terminate and any amount tendered by Buyer shall
be returned to Buyer.
` 10. Too@ Char es and Costs. The Buyer shall pay all
recording east title s•arc •s, reconvyance fees, trustees'
fees, forwarding fees for any full reconveyance of any deed of
trust, and the premium charged for any policy of title insurance
arising out of this transaction. Seller shall be responsible
for the payn•at of all delinquent ad valorem property taxes,
alone with penalty sad interest thereon, and the payment of ad
valorem taxes for the current tax year, prorated to the date of
closing.
of thisDef_ alt. It Bler shall fail to comply with any provision
the Earnest Mo oey as iquidated dau`ss hiss co Seller shall cfail
to comply with any provision of this agreement, other than the
re uireaept to cure defective title, Buyer may either terminate
this agreement and receive the Earnest Money previously paid, or
enforce specific O"Fereememt of this agreement.
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12. Possession. Ths poesession of the Property shall be
deliwss two 'dyir at cloning.
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13. Integration. This agrsament constitutes the entire
waragreement stwesn he parties and neither
rants or representation not contained hereinY relies upon any
IN WITNESS WHEUOr, the parties have executed this agreement
on the day of
, 1988.
CITY Or DENTON, TESAS, PURCHASER
BY:
NAM WZR
ATTESTi
JUNII'm
APPROVED AS TO L9"L FMj
DEBRA ADAMI DRAYOVITCM, CITY ATTORN=Y
I
Sys
r
DRs ELIUAM R. VAUGH(, SELLER
I- .
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowled ed before me on the day
of. s 1968 by Lloyd V. Harrell, City Manager of
the ty o eaton, Texas, a Municipal Corporation, on behalf of
said Municipal Corporation.
NOTARY PUBLIG, SWATS OF
My Commission expires
THE STATIC Of TEXAS ;
COUNTY OF DENTON
is instrument was acknowled ed before me on the day
of T , 1988 by Dr. Elisabeth A# Vaughn.
N8V PUBLIC, *fAT& OF
My Commission expires
PAGE 4
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EXHIBIT "A"
ALL that certain lot, tract or parcel of
situated in land lying and bein
the City and County of Denton, State of Texan, and
being part of the H.B, Williams c
at urve o. 1417 and also
bein part of a tract of land as conveyed sfloa Wilbur,F. poppet
a to Elizabeth R. Vaughn by deed daed 10-26-84 and recorded
in Volume 1512, Page 975 of the Deed R+cords of Denton County,
Texas, and more particularly described as follows$
BEGINNING at the southerly southwest corner of
same being the southeast corner of a tract coneyed ato Sinclair
Pipeline Company by deed recorded in Volume 421 Page 111 Deed
Records of Denton County, Texas said point also iyLag in an east
and west road known as Hartlee field road;
THENCE north 20 35' 50" east (by deed north 20 28' 201, 328,011) along the southerly west boundary line of said Vaughn
tract, acme being the east boundary line of said Sinclair tract,
ice is istance of 326 81_ fi tetoythe north boundary line of an
easoment to Delhi Pipeline described in a deed recorded in Volume
682, Page 357 Deed Records of Denton County, Taxes;
THENCE north 510 38' 06" west (b deed north S10 54' 20" wet,
583.621) along the southwest boundarryy line of said Vaughn tract,
s
dista ce of 584 53 e, east rtherly 0southwestecorners of it &
Vaughn tract for a corner;
aid
t` THENCR north 40 02' 17" eset (by deed north 40 020 11
592,95 feet) along the northerly west boundary line of said Vaughn
tract, a distance of 591.69 feet to the northwest corner of said
Vaughn tract;
.
THENCE south 860 09' 53" east (by deed south 860
along the north bouadar~r line of said Vaughn tract, a2distance of
730,00 feet to a pout !or a corners
THENCE south 20 23' 08.4" west a distance of 1243-00 feet to a
f point in the south boundary line of said tract, said lying in
Hartlee Field Road for corner;
THENCE north 870 39' 24" west, along the south boundary line of
said Vau hn tract and in said Hartle* field Road, a distance of
275,0 felt to the Place of Beginning and containing 15.95 acres
of land.
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15.951 ACRES 8
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BOOSTER PUMP STATION SITE
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EXCERPT MINUTES
PUBLIC UTILITIES BOARD
July 14, 1988
121 CONSIDER CONTRACT FOR PURCHASE OF APPROXIMATELY 15.95 ACRES FOR
THE NEW BOOSTER PUMP STATION FROM DR. ELIZABETH P. VAUAHAN.
Nelson directed the Board's attention to a location map showing
subject property located just off Sherman Drive. The proposed
purchase is necessary for the construction of the Booster Pump
station and ground storage tanks in conjunction with the
proposed Ray Roberts Water Plante
t; The total property proposed for acquisition is 15.95 acres at a
lump sum amount of 41500515.48 ( 9,436.70/acre).
y The Planning and Zoning Commission reviewed this item at their
meeting of July 14, 19880 and the Minutes of that meeting are
also attached.
LaPorte asked if it takes that much acreage to have a pump
stations Nelson replied no, but the City is getting property on
the back end that the City Council feels may be useful in the
future. LaPorte asked It 'useful' meant to the Water Department
since the Water Department is paying for it. Nelson stated that
there have been times when Utility Department property is used
4 for other purposes. LaPorte stated that it may be better to
} apply the extra money to help eliminate the Water Department
debt than to purchase extra land. He emphasized that if the
Water Department pays for the land, it should stay within the
Water Department's ownership. Laney also stated that if the
land is proposed for uses other than those required by the Water
Departmentp such a proposal should be submitted to the Public
Utilities Board for review.
Ham advised that planned plant expansion would seem to dictate
that this land will be used for by the Water Department and this
is a very good price at this time in order to assure sufficient
land for such expansion. Fiscal information followsi
i
Original estimate total land purchase (46000000.00)
Less 31 acres of Neblett property
already approved this year 124,572.51
Less available fund approved earlier
for the Coulter property 232 449.30
Available funds 242,978.19
Request for approval Booster Pump
Site - 15.95 acres, Vaughan property 41500515.98
Fund Balance 92,462.21
Source of Funds: Water Bonds- 623.008-0460-9101
Chew made a motion to approve subject property purchase with
Water Department funds for future water facilities expansions
second by LaPorte.
Laney called for a vote. Unanimous. Motion carried.
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P&Z Minutes
July 131 1998 D R A F
Page 6
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IV. Consider making a recommendation on a contract for purchase
of approximately 15,95 acres for the new Booster Purr) Station
in conjunction with the proposed Ray Roberts water Plant.
Mr. Allison said the Utility Department originally wanted to
purchase 10 acres but with the difficulty in negotiating,
a 15.95 acre tract was agreed upon.
He said the Utility Department staff recommends approval as
they were able to stay under the budgeted amount and would
like to get approval from the Commission.
Mr. Glasscock moved to recommend approval for purchase of
approximatelyy 15.95 acres for the new Booster Pump Station.
Seconded by Mr. Kamman and unanimously carried (5-0).
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July 199 1988
CITY COO C I L AGENDA ITEM
l o t MAYOR A14) MEMBERS OF l1'-_1E C I T Y CUU 4C: I L
FRCMt Lloyd Harrell, City Manager
SUBJI CUJSIOER 1,U1NAr,UE AWTFiCRIt1rJG PROPOSAL TO P RDiASE BRAZOS
ELECTRIC PCMER COOPERAII~E, INC., 69 KV FACILITIES FRUA
SPENCER GENERATING PLANK TO VRA70S NEW 138 KV LINE JUJCTICN
NEAR HICKORY CHEEK SEWER LIFT STATION.
REOCMvEhDATICNt
The Public Utilities Board, at their meeting of September 16,
1987, recorrmended to the City Council approval of subject
purchase.
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Electric transmission facIIItIaa, including associated
easements, will be purchased from Brazos Electric Power
Cooperative, inc., for a single one-time payment of
approximately $13,390.7U.
BACKGRO-M i
These transmission facilities were originally used to
interconnect between the Clty of Denton and Taxes Municipal
Power Pool in 1968. During recent years, the Brazos system,
along with INVA and 7P6L, have constructed or converted 138 KV
transmission llneo, which replace th+se fatlittles. The IInes
and/or right-of -ways can be integrated into the City of Denton's
distribution system. The southern portion will be utilized as
13.2 KV, and serve as an alternate source for the Hickory Creek
Lift Station. The northern portion will be for a new exit
feeder route from Spencer Plant, and soma will be released or
traded to developers for other right-of-ways.
This item originally went to the City Council October 'c U, 1987,
and was approved. After epproval, two discrepancies were found
in the agreement and City Council agenda Item. The City Council
agenda Item had the length r: 7.51 miles and the cost of
139 while the agreement had the length of 4.2 miles and
the price at $11,528.24, The October 201 19V7 City Council
agenda Item was correct. The length Is 7.51 miles, and tht;
price Is $13,39U.7U.
In addition, our Legal Department objected to the special
Warranty Deed. In response to this, Brazos supplied the
Electric Department with a Partial Release of Lien by tht United
States of America and the National Rural Utilities Cooperative
Finance Corporation dated February 23, 1988.
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NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
n AND BRAZOS ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF
ELECTRICAL FACILITIES AND EASEMENTS; REPEALING ORDINANCE NO. f
87-185; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the City of Denton to i
purchase the electrical equipment and facilities described herein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves and auth-
orizes -thepurchase of electrical facilities and easements from
t Brazos Electric Power Cooperative, Inc., under the terms and
conditions contained in said Agreement, Bill of Sale and
Assignment of Easements as attached hereto and incorporated by
reference herein.
SECTION II. That the expenditure of funds as authorized in
the reement s hereby authorized.
r!~ SECTION III. That Ordinance No. 87-185 is hereby repealed
and the City Secretary is hereby directed to inscribe the fact
that said ordinance was repealed effective July 19, 1988 on said
ordinance in the official ordinance book.
SECTION IV. That this ordinance shall become effective
imme ataiT eTupon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
STEFHENSI MAYOR
' ATTEST:
JENNIFER WALTERSt CITY SECRETARY
a APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
At) 1-4 j
BY:
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THE STATE OF TEXAS AGREEMENT BETWEEN THE CITY OF DENTONg
TEXAS AND BRAZOS ELECTRIC POWER
F COUNTY OF DENTON COOPERATIVE FOR THE PURCHASE ANDSALE
OF ELECTRIC FACILITIES AND EASEMENTS
` Agreement made between the City of Dentons Texas, a municipal
I corporation, ("Buyer"), and BrA200 Electric Power Cooperative, Inc., a
corporation organized and operating pursuant to the Texas Electric
Cooperative Corporation Act, Article 1528bg V.T.C.S., ("Seller");
WHEREAS, Seller presently owns, maintaineg and operates electrical
equipment and facilities within the County of Denton, Texas, to supply
customers with electrical serviceal and
WHEREAS, Seller has agreed to sale to Buyer and Buyer has agreed to
purchase from Seller a 69 KV electric transmission line and the associated
" equipment and easements used therefore, as is more particularly described
` herein;
NOW2 THEREFORE, in consideration of the mutual consideration and
covenants contained horsing the parties agree am follower
I.
In consideration of the sum of Thirteen Thousand Three Hundred Ninety
Dollars and Seventy Cents ($13,390.70)l paid to Seller by Buyers receipt
of which is hereby acknowledged, Seller does hereby moll, assign, and
convey to Buyer all its right, title and interest in that certain 69 KV
electric transmission line, including all poles, lines, wires, fixtures,
and appurtenances ("Facilities") and easements used in conjunction
therewith, located and described as followsl
Beginning from Seller's electric substation at Buyer's Spencer Road
Power Generating Plant and extending approximately 7.51 miles to the
junction of said line with Seller's 138 KV electric transmission line
i located north of Seller's Canyon Substation, as shown in Exhibit "A",
attached hereto and incorporated herein by reference.
IL
E The easements being assigned and conveyed herein include all those
easements described in Exhibit "B", attached hereto and incorporated
` herein by reference.
III.
Seller covenants that it is the lawful owner of the facilities and
easements heroin conveyed) that they are free and clear of all
encumbrances of any kind] that Seller hen the right and authority to mall
and dispose of the same as provided for herein; that all lawful
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requirements for the sale of Facilities have been performed by Seller,
that all %ecessary easements upon which the Facilities are located are
herein conveyed and asaignedt and Seller binds itself and its successors
to w rrant and forever defend the Facilities and easements to Buyer and
Buyer successors Against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
IV.
Seller will promptly hereafter, if necessary, execute and deliver any
and all necessary assignments, dead, or documents necesssry to effect the
f` conveyance of the property herein being purchased and sold.
' EXECUTED this the , day of
1987.
CITY OF DENTON, TEXAS
BYt
RAY STEPHENS, MAYOR
ATTESTt
JENNI ER HALTERS, IT SECRETARY
BRAZOS ELECTRIC POWER COOPERATIVE, INC.
By r
rae
R CHAR NC SK
EXECUTIVE VICE PRESIDENT AND
GENERAL MANAGER
ATTEM
Ant, F* the Sacrek q-~
PAGE TWO
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ESHIBIT "B"
INSTRUMENT FILE RECORDED D.R.D.C.T.
GRANTOR DATE DATE DATE VOL PG
Joe Akers, et sex 05-14-46 12-31-46 01-11-47 332 484
John Gassavey, et ux 06-01-46 12-31-46 01-14-47 332 499
J.B. Schmitz 06-04-47 12-31-46 11-21-49 354 394
¢ Stuart M. Volk, et al 06-05-47 10-24-49 11-21-49 334 401
J.Y, Ward 06-03-47 10-14-49 11-21-49 354 402
p C.H. Brammer 06-10-47 10-24-49 11-19-49 357 45
C.E. Broyles, at ux 07-14-47 10-24-49 11-19-49 357 47
L.N. Opiti 06-03-47 10-24-49 11-22-49 357 62
M.A. Haggard, at ux 06-11-47 10-24-49 11-21-49 357 54
Roland Hill, at ux 06-03-47 10-24-49 11-21-49 357 56
D.R. Brady, at ux 06-18-52 08-04-32 09-11-52 381 490
y Mrs- Ethel Fuson, at nl 06-18-52 08-04-32 09-11-52 381 492
Mrs. Sarah rowel 06-18-51 08-04-32 09-11-52 381 493
H.P. Price, at ux 06-18-52 08-04-52 381 494
A.M. Stinson 06-18-52 08-04-52 09-04-52 381 496
J.P. Simmons, at al 06-18-52 08-04-52 09-12-52 381 Sol
J.F. Mason, at ux 06-19-52 08-04-52 09-12-52 381 513
Mrs. Katharine Peaick 07-13-52 09-13-52 10-22-52 382 369
Durrett
W.D. Pockrus, at ux 10-02-52 10-20-52 11-26-52 384 118
Arch Brown, at ux 09-24-52 10-20-52 11-26-52 384 119
Grace Starr Co el
aad at al
06-
P , 24-52 30-10-52 11..26-52 384 721
J-47- Roach, at al 06-16-52 10-20-52 11-26-52 384 124
L.R. Stickland 10-18-52 03-20-53 04-18-53 386 59
C.N. Sf mone, at ux 04-03-57 06-06-58 06-17-58 437 613
C.H. Simmons, at uX 03-12-57 08-27-59 09-02-29 449 439
S.D- Roberts, at ux 05-24-74 06-10-74 710 119
Theresa M. Adkison, 11-23-83 11-23-83 1297 617
Individually and as 11-23-83 11-23-83 1297 619
independent executrix of
the estate of Robert 0.
Adkison, deceased
Ban Pinaell and Johd H. 12-01-83 12-13-83 1307 330
King
Sateli Investment 03-28-84 03-30-84 1371 821
Management, Inc.
24588
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f THE STATE OF TEXAS AGREEMENT-BETWEEN THE CITY OF DENTON,
TEXAS AND BRAZOS ELECTRIC POWER
COUNTY OF DENTON 0 COOPERATIVE FOR THE PURCHASE ANDSALE
OF ELECTRIC FACILITIES AND EASEMENTS
Agreement made between the City of Denton, Texas$ a municipal
{f[ corporation, ("Buyer"), and Brazos Electric Power Cooperative, Inc., a
" corporation organized and operating pursuant to the Texas Electric
Cooperative Corporation Act, Article 1528b, V.T.C.S., ("Seller");
r WHEREAS, Seller presently owns, maintains, and operates electrical
equipment and facilities within the County of Denton, Texas, to supply
customers with electrical servicest and
WHEREAS, Seller has agreed to sale to Buyer and Buyer has agreed to
purchase from Seller a 69 KV electric transmission line and the associated
equipment and easements used therefore, as is more particularly described
herein{
NOW, THEREFORE, in consideration of the mutual consideration and
i# covenants contained herein, the parties agree as follows
n
In consideration of the sum of Thirteen Thousand Three Hundred Ninety
Dollars and Seventy Cents ($13,390.70), paid to Seller by Buyer, receipt
of which is hereby acknowledged, Seller does hereby sells aasign, and
convey to Buyer all its rights title and interest in that certain 69 KV
electric transmission line, including all poles, linsas wires, fixtures,
and appurtenances ("Facilities") and easements used in conjunction
therewith, located and described as follows
k Beginning from Seller's electric substation at Buyer's Spencer Road
Power Generating Plant and extending approximately 7.51 miles to the
junction of said line with Seller's 138 KV electric transmission line
located north of Seller's Canyon Substation, as shown in Exhibit "A",
attached hereto and incorporated herein by reference.
The easements being assigned and conveyed herein include all those
esesmenta described in Exhibit "B", attached hereto and incorporated
hereto by reference,
f III.
` Seller covenanta that it is the lawful owner of the Facilities and
ft easements herein conveyedi that they are free and clear of all
encumbrances of any kimdl that Seller has the tight and authority to sell
and dispose of the same as provided for hereto= that all lawful
k
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requirements for the sale of Facilities have been performed by Seller=
that all necessary easements upon which the Facilities are located are
herein conveyed and assigned{ and Seller binds itself and its successors
to warrant and forever defend the Facilities and easements to Buyer and
Buyers successors against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
IV.
Seller will promptly hereafter, if necessary, execute and deliver any
and all necessary esaiguments, deed, or documents necessary to effect the
conveyance of the property herein being purchased and sold.
EXECUTED this the _ day of , 1967.
CITY OF DENTON, TEXAS
a
BYS
RAY STEPHENS, MAYOR
ATTESTS
JENNIFER WALTERSs CITY SECRETARY
1 BRAZOS ELECTRIC POWER COOPERATIVE, INC.
BYr
L141, e
71-CRARD MC A
EXECUTIVE VICE PRESIDENT AND
GENERAL MANAGER
ATTESTS
y
AsS1, M the
PACE TWO
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?L ;,tJ 8RAi0S e8'XV,OEhERA T10N.d TRANSItJS~SION LINE
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EXHIBIT "B"
INSTRUMENT FILE RECORDED D.R.D.C.T.
GRANTOR DATE DATE DATE VOL PG
Joe Akers, et ux 05-14-46 12-31-46 01.11-47 332 484
John Gsssaway, at ux 06-01-46 12-31-46 01-14-47 332 499
J.B. Schnitz 06-04-47 12-31-46 11-21-49 354 394
t Stuart M. Volk, at al 06-05-47 10-24-49 11-21-49 354 401
J.W, Ward 06-03-47 10-24-49 11-21-49 354 402
4
G.H. Bremer 06-10-47 10-24-49 11-19-49 357 43
3 C.E. Broyles, at ux 07.14-41 10-24-49 11-19-49 357 47
L.W. Opitz 06-03-47 10-24-49 11-22-49 357 62
H.A. Haggard, at ux 06-11-47 10-24-49 11-21-49 357 54
Roland Hill, at ux 06-03-47 10-24-49 11-21-49 357 56
D.R. Brady, at ux 06-18-52 08-04-32 09-11-52 381 490
Mrs. Ethel Fuson, at al 06-18-52 08-04-52 09-11-52 381 492
Mrs. Sarah Pavel 06-18-52 08-04-52 09-11-52 381 493
H.P. Price, at ux 06-18-52 08-04-52 381 494
A.M. Stinson 06-18-52 08-04-52 09-04-52 381 496
J.P. Simons, at al 06-18-52 08-04-52 09-12-52 381 501
J.P. Mason, at ux 06-19-52 08-04-52 09-12-32 381 313
Mrs. Katharine Penick 07-13-52 09-13-52 10-22-52 382 369
Durrett
W.D. Pockrua, at ux 10-02-32 10-20-52 11-26-52 384 118
Arch Brown, at ux 09-24-52 10-20-52 11-26-52 384 119
Grace Starr Copeland, at al 06-24-52 10-20-52 11-26-52 384 121
J.W. Roach, at al 06-16-52 10-20-52 11-26-52 384 124
L.R. Stickland 10-18-52 03-20-53 04-16-53 386 59
C.H. Simons$ It ux 04-03-57 06-06-58 06-17-58 437 613
C.M. Simonet at ux 03-12-57 08-27-59 09-02-29 449 439
S.D. Roberts, at ux 05-24-74 06-10-74 710 114
Theresa M. Adkison, 11-23-83 11-23-83 1291 617
individually and as 11-23-83 11-23-83 1297 619
Independent executrix of
the estate of Robert 0.
Adkisoo, deceased
Ben Pinaell and John H. 12-01-83 12-13-83 1301 330
King
h Satell Investment 03-28-84 03-30-84 1371 821
Management, inc.
ti 2458g
yl
ASSIGNMENT Of LASI RMTS j
TMl sun 01 TCfAS I
} I MW ALL MEN IT TUESE Pm1S"t
1 COUNTY 01 McLMAN I
vd
SEAT Intos tlectrla Power Coopmtlva, lot., haroluatter toned 'Cramtoc', ,
a
a Terra Sorporattoo, for and is eonaidanttoa of the sus of TM sea DOM 11
(610.00) Dallas and other 4000 and valuable cculdentlou paid to Gnatar 1
by the Clay of Diatom. Tessa, hantoefter tared "Crantae", the matefpt old
outflcleaey at which are herby e:kmerleaged and eoatesoW, has CLANTLO,
SDID, CONY M. AND/DL ASSIGNED Mnte 0nntu all its right title and taternt
to sod to all eseeYamts and any other real property Interests soncletod
with the 7,51 .Iles of tldht-ml-wpf sad ttaarbeloa list thaaapoe know
as Snags tine 705 (L-I) to Deoacs County, Teua, It" the SelleaV Structure
me. 15/6, teas Section LIS ts the Dorton glass pLoot Subatattom, said uraeats
slag area pattteolarly described as tahthtt "A• attacked hereto end nods
a part hareal for all pwrpmsas.
This tooveyasee is expean3y arils auhleat to the fellowtagl
( (1) Amy 11et ter entrwt tarts, aeaeaaaasta, or dovernsalwa
Charge$ or Intr not Is default.
I` (It) Gaetna, irate, Colossus ad Iwne of teemed is
Demtot Canty, Taus.
TO LAII AMD TO NO all of Cfoltsr's 994hyttle ed interest is gd
tc $ald easewtd ed geld $that teal property IetarUn, together with all
and sladulas the Willits sad slPurtauolea toilets, tale Created, its anceeelare
aid eaatl" forever, to that wither Crutot not its suceeesgto ODA satltsa
sh111 have, claim of dieted any right at title to said eaeeeamts or said
rther real property loteresn, Promises 61 apputtesaumol at may Pitt thereof.
f., 1XIMM thlt,IA-day of 1St J-rA-J , , 1147.
I
MARS 11,E01114 Polls CDOPKATIYI, INC, "
Grolier
Apaphad At to
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Jolla Wiw-
tLLIYTIYY YlCg MIATDW I 41INSIA6 NANACI4
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T41 STATI Or Tow
f' 7 OWMTT OF tkLWNAJC
s- J I IV041 Ml, the undera9laed, A Notary public to and for said County end
State, an this dap pauoultp appeared ittwao l.mMdtnu ,Learn to
ax I to to be the person add officer mnobe
tnstrueaat ad Achsorledled to me that tha at" rlo the act of the sold status
electric towel Cooporettra, ins., a cotta ratlee, ed that to e:acuted the
lose ea tba act of ouch aoepo rotlae or the purpsaea and cealdesotlan therein
e:pceetd, dad to the capacity therale &total.
O1VV( MU MT MAMD AND SEAL OF OpSC1 this the iij- dap of ~ ,
4 A.D., 1981.
aid Mite e a or
Ikteman County, Tessa
Lff*A I IYLI~M
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1%X1617 'A'
I811"nt granted by J,t. 1112056 it al, fee. 1o volume 311, Pale 101,
II Latin County, Taxes .feed August 6, 1111 - A.S. Comae lutvs, ASST, 6111
I est12at Minsted by Y.D. Price 4 Mrs. bide ?rice, tae. to volume 161,
` 11 ?age 194. Dootoo County, Taae filed August A, 1911 - A.S. C4002 Survey,
6 Al9'T, 601
fl m
[ua"nt Seated ty A.M. Ittain, rae. [a Values 3410 ?op 4960 Dorton
County, Toot filed August A. 1151 - A.B. Camoa Puny, ASST. 1131
Tess"at pester by Ism ?Smell 1 John k. Lied, rat. to Yalu" 007,
a ?Asa 310, antes Cavity. TSUI tiled Dasber 13, 191) - J.C. later survey.
A15T. 6 47
i
leewat graved by J.Y. leach it AS, no. to vole" J04, Palo 174,
Deotao County, Taxes filed November 16, 1151 . J.C. Sorer loney
galanat R"tad by 0.1. Cop6ua At 61, roe. In Yalu" 344, loge 111,
Deat" County, Taxes 91164 Weeks 10, 1951
Season% 11r"td by L.R. Ittickind, roe. to Volume 314, pope JS, Desna IE
Cents, Taos !1144 forth 10, 1951 - 9. Kayh"s, Into 1711, I.I.N. 1 C.I.R.
Panay, ASS?. 6190. 1 A.Y. lens survey, AMT. 11194
Pamee"t Sraot64 by Kethert" lattk Onrntt. re. It Yalu" 711, FASO
369, Data County, Tax" filed Septsbet 1), 1951 - A.S. teas Iona,
ASST. 11196
te6aat guatd by J.P. Knees at us. got. to Veto$ 301, Palo 113,
Data Canty, Taw 91144 August 4, .051 - A.Y. Corns Saroy, ASST. Plitt
14114e441 rmeted by Smell, ?"Gil, too. tf Ya1a" 311 Hp 413, Dnta
County, Taos 11144 kopek 4, 1951 • P. hrbte lunoy, 384 told PMO
t"aak St"td IF Arab teas of a, r". lit fats" 114. Pap 119,
i~ Dates Canty, Toad 11164 "boor 10, 1131 • 1. NtM$t larval, ASIT. 0300
g"alat Insted by Ithat rata At al, rs. to Volume Jai, Pegs 411,
Coates Conty, Teme6 (1164 Aapat 4, 1051 - Y.C. Oatrion Survey, ult. 1501
Suaat Sr st44 bF Y.D. Paekma at As, roe. Is Values 311. Page Sig,
Data Canty, raw food October 10, lost • Y.C. 0e1214041 Sony, ANSI. ,
6134) a 5.1.1. A C.R.R. Sarr"
ImeAwwk Sr"ag $I D.k. Jody At us, too, to Vela" Sli, Palo Ago,
Mats Clarity, Te"s 11164 Awk6st 4, Isf • V. Carlton Yang, Apt. 11545
us""% least" IF John answs at 12 tea. to Volo" 331, hp 419,
6Din" County, Taos (1144 September 11, 19 Si • Y. Curtin larval, ASST.
es"mat Rented by Things Y. Won, Sxecutrtn fn Itate at Sobel
0, Adktame, rae In loll" 1111 pale 611, oats Conti, to"S gllM YoraNr
I~ if 1911 - M..; A Rotor. CO. ~a rva ASS?, 6911 A Y. Cantsa survey, Al1T.
/l~l!
I"aarit Stand by Tate" M. edition, zU,1utrt31 fa estate of Robert
0. Adklece, god. is Volwal 1191, Pals III, Datel Cooty, Taw filed Kovaber
S), 19U A R,t,l. Co. Pansy, Apt. 0911
f
t.
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141 granted by J.V. Ward it a, rte. to Polish 754, hg4 403, Decide
County, Tao filed October 71, 1919 - 9, Walker $Never, ASST. 01330
j
Catwot {hated by Joe Akers at a, roe. It talus 333, It` 414, Deatoe
County, two filed Ddaaber 31, 1946 - 0. Valker lung, A131. 1330
lrtasat heated by T.S. be Kalts at a1, roc, to Toluca 351, Page 391,
Daniel County, Texas filed October 24, 1949 - Q. Volker Survey, ASST. 11530
Ta14N4t granted by C.I. 1107141 at a, tee, In laid" 331, role 47,
l D4ntoa County, Texas filed Dctoba t4, 1141 - 0. Walker survey, /JOT. 11130
III
s tar ost granted by lolled till at a, etc. is torus 337, flat 36,
a Deatae County, Tws filed October 34, 1941 - 0. Vd keg dungy, AIST. 11330
gaaaaast Stilted by Sao O pits rLckas, too. It Toluca 331, rap /l,
on toe County, Into filed October 74, 1141 - 0. V611961 Parody, ASST. 11330
108"041 /noted ly I.D. Robert$ of w, roe, tt rolls 110, Pep 111,
Dots County, Two filed June 31, 1974 - V. Walks Survey, 418T. 11330 '
Wseat grsted by O.N. Singer, rs, le Islas 331, Pap 43, Deatot
Coati, Tone filed October 24, 1949 - Deold lough Oliver, AAS?. 1146
I tolmook grsaw by N.A. Safford of a, tee. to VOINI 331, Aye S4
Deets County, tons filed October U, 1949 - David lough Suner, kill. ;646-.
4 Raise" `tasted by I.N. yolk at a, roe. to Poiur 354. rap 401, Diatea
County, Two filed October 14, 110 - Jobs V. Cosa Sandy, ASST. 0334
faelatet granted III $still Investing NssnStert, IN., rte. is Veto" !
1311, pate Ill, Dtelte Cowry. Two filed May 30, 1904 - Jolt V. C%sok lunar, i
4/31, 1314
i
Taoestel Initial b/I C.N. Sirens vat, toe. to Polish 431, life 611, 'i
Delete Caaty, Total hied June 6, 1159. Nary L. Astir toner, 41sT. 14
7
Sae/sst limited fy C.N. Siren at so, rte. to Polar 40, rep 439.
Dottie Cower, Tarns 11141 041111 31, 1171 • P497 L, Aootts pney, kill- j
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BILL OF SALE
STATE OF TEXAS 0
e
S COUNTY OF MCLENNAN f
KNOW ALL MEN BY THESE PRESENTSt
THAT, for good and valuable consideration, the receipt of which to hereby
acknowledged by Brazos Electric Power Cooperative, Inc. (hereinafter termed
the "Seller"), amid Seller has SOLD, TRANSFERRED, AND CONVEYED, and by these
presents doom SELL, TRANSFER, AND CCNVLY all its tight title and interest
lm 7.51 milli of transmission line known as Brazos Line 205 (H-2) in Dentot
County, Texas, for the Seller's Structure No. 1516, Line Section XH1 to the
Denton Steam Plant Substation, unto the City of Denton, Taxes (hereinafter
termed the "Purchaser"), Its successors and designs, to have and to hold
a : forever.
For purposes of the Bill of Sale "transmission line" means the following,
to the extent such may exist on the date of execution of this Bill of Salot
176 Poles - Structure No. H2A 1117 through H2 B/B, all lines, oppurtemanue
and any other personal property or fixtures associated with said ttanamission
line.
This conveyance to expressly made subject to the followingt
(i) Any lien for current taxes, auassmants or governmental charges
is
or levies not in default.
(it) No collection of sales tax is part of the consideration
herein and the 5e11er believes such sell to be non-taxabla
under the Limited Sales and Vat Tax laws of the State of Texas.
Should, however, the Comptroller of Public Accounts for Cis
State of Texas detsrmtao any sales tax to be due or owing on
said isle the Purchaser shall pay such tax to the Seiler for
payment to the Comptroller.
Seller binds itself to VARRANT AND DEFEND said transmission line unto
the sold Purchaser, its succassors and designs, from and egolnst the lawful
claims of whomsoever claims or shall claim the some. or any part thereof,
EXHIBIT o .A
.
T
a
by, through, or under Seller, but not otherwise, subject, however, as aforesaid.
IN WITNESS VI(EREOF, this Bill of Sale is executed on the ;L 3 day of
1901.
SELLER
Y
BRAZOS ELECTRIC POWER COOPERATIVE, INC.
gy_
0.I D G. McCASKILL
A00'cved is'ifvrn; EXECUTIVE VICE PRESIDENT t GENERAL MANAGER
f,lkll,Lh,ldl'8~1,114l ,
Ey i.
't..7
STATE OF TEXAS
it COUNTY OF McLENNAN i
BEFORE ME, the undersigned, ■ Notary Public in and for said County and !State, on this day personally app at d R-CgAts E.ftlKasa« , known to
me to be the person and officer whose name Is subscribed to o infotaaoing
instrument and acknowledged to me that the same was the act of the said Brazos
Eleatzte Power Cooperative, roc., a corporation, and that he executed the
same as rho art of such corporation for the purposes and consideration therein
expressed, and in the capacity therein starts.
GIVEN UNDER MY RAND AND SEAL OF OFFICE this the day of d L,~
A.D. 1917,
a ~
Notary Futile in and for
McLennan County, Texas
VITA .1. W!WN
My'~fr M~Y~ 1~^N p pFx. 0"
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DATES October 20, 1987
c
CITY COUNCIL AGENDA ITEM
i / o
TOs MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMs Lloyd Harrell, City Manager
i. SUBJECTS PROPOSAL TO PURCHASE BRAZOS ELECTRIC POWER c
COOPERATIVE, INC, 69KV FACILITIES FROM SPENCER
GENERATING PLANT TO BRAZOS NEW 138KY LINE JUNCTION
NEAR HICKORY CREEK SEWER LIFT STATION.
RECOMMENDATIONS
The Public Utilities Board, at their meeting of September 16, 1987,
recommended to the City Council approval of subject purchase.
SUMMARYs
Electric transmission facilities including associated easements will be
purchased from Brazos Electric Power Cooperative, Inc., for o single
one-time payment of approximately $13,394.70.
BACKGROuNOs
These transmission facilities were originally used to interconnect between
the City of Denton and Texas Municipal Power Pool In 1968. During
recent years, the Brazos system along with TMPA and TP&L have
constructed or converted 138KV transmission lines which replace these
facilities. The lines and/or right of way can be Integreted into the City of
Dsnton'a distribution system. The southern portion will be utilized as
13.2KV and serve as an alternate source for the Hickory Creek Lift
Station. The northern portion will be for a new exit feeder route from
Spencer Plant and sory,e will be released or traded to developers for other
right of way.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDs
City of Denton Municipal Utilities, City of Denton, Legal Depertment,
City Council, Citizens.
5089USi3
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! FISCAL IMPACTi
Actual length of the transmission line is 7.51 milesi !13,390.70 paid to
f Brazos Electric Power Cooperative Inc„ from Electric bond funds as
approved In the Five-Year Capital Improvement Plant,
x
Respectfully submitted,
I ss
Lloyd Harrell, City Mane r
PARED BYt
~L
ullos, Director o} Electric
Divisions
APPROVED BYs
R. E. Nelson, xecutive Director
It Department of Utilities
r
r
Exhibit I Brazos letter of 9/9/87, Bill of Sale, end Assignment of Easements
11 Facility Sketch of June 10, 1987, from Brazos Electric Power
Co-operatlve Inc.
III Ordinance
IV Minutes PUB Meeting of 9/16/87
5089Ur14
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318
City of Denton City Council Minutes
October 201 1987
Page 13
M. The Council considered adoption of an ordinance
approving agreement the
the city
puchase Denton of a ecttric31
facilities and easements; and providing for an effective date. E
r
~ The following ordinance was considered:
NO. 87-185
t
i AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE?FOR
THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS;
AND PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
would be for the purchase of abandoned power line that Brazos
Electric Power Cooperative had owned and which they no longer
used. Purchase price would be $13,390 which would include
right-of-ways and the existing transmission line.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously, r
No The Counci consired authorizing an agreement) betweenethe Cityt oion of an ornance
f Denton andiTexas
Utilities Electric Company: and providing for an effective date.
The following ordinance was considered:
NO. 87-186
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY; AND
PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
was a street rental agreement with the Texas Utilities Electric
Company to use City streets to provide power to its customers,
The rental agreement would be a 31 fee inclusive of permit fees
which would carry payment back to September of 1985 through
October of 1986,
Ayer motion, Alexander second to adopt the ordinance. On roll
note," McAdams" "aye," Alexander "aye," Hopkins "aye," Gorton
aye, Ayer aye," Boyd "aye," and Mayor Stephens "aye,"
Motion carried unanimously.
EXHIBIT8
E
r
2 0 Minutes of September 26, 1987 fcont•d)
Chairmen 'aney called for a vote. Chew
11t,0~J,
■ fire year loan at 7. S1 rode a Rot lOn to adwnce
s
Department to be used solely for the III e lv h system at the
Martin Luther King Accreation Center. Sec eontdesif's t by Thompson. to sy the Pa All
ayes, no nays, motion carried.
)
The Board once again voiced their feeling that loaning Utility
funds Is a bad policy and not to be encouraged, Chilrmon Laney
Departoe4 t:ndatotteth;ure 11thelfUtlteltly uhasoabeenadrelmburiedr
Board requested a full tvport it neat meeting,
7• CO7 NER PROPOSAL TO PURCHASE BRALOS ELECTRIC POWER COOPERATIVE
a, ..a
The Staff had originally presented this Item to the Board 111
s June 1917, for 4.1 miles of line, but found
are
attvally 7.31 piles of line. Brasos Is reIridI thathet ir there cost for
the line from 511,!21 up to =13,359,70. V, In I
`
f LaPorte aide A notion to retoreend to the City touneltst. appSercoovnd
al
f the purchase of these facilities at the re►i N d co l
4
y Frady. All ayes, no nays, motion carried.
l
6. CONSIDEA BID OPENI
NG ID773 HIGx SERVICE PUMP 16 AT THE WATER
H+m Introduced the Utility Department's new Sr. Engineer, Lee
Allison, and than lire the following orervievi
Bids were opened August is, 1917, and the results were to
} follows:
I Peabody Flo w y, Lewlsvllle, To Goulds 'umps, Dallas, 71
43,470
Peerless Pumps, Dallas, to 43,600
Layne 6 Bowler, Memphis, Tn /6,081
163,577
In lint ppwith the 1111101111 Water plant upgrade to 30 YGD, high
tor17-S VD (This Williprovide then! en~rallrequirement etoahi e gkl*u eapatityrleIhlmplolin splrored IT 17 CIf2Sproloet. This bid
Pertain Underpr a~purcha i ofuture r pumps e 0 ter on y `o lave colt and
time, will be accomplished, Pump Installation
the Staff and Pray a F Nfthell, Consult ln Bnllmeers 0040en11
y award of the 10v bid °f Peabody Plow y in t~6 amount o} p13,470.
Thompson made a motion to recommend to the City Council
t eeieount of t$43,1 0 stSecondlfbydLsbid from Forto, All ayes. Fnownoyt,~
motion carried,
9. COkS1DER CHANGE ORDER 11 810 1974! kINKIB DpIY! SE
Him reviewed ewe~ E this Item stating that the Utllltteo Staff
11 Imppmroved,pthe ori°lnilstont In the
3141,146,16 to 5140 6,36
will be Inerea ad,from
silo order301 to to Increase the 61 a of ben Ind ce6tng under
an error en xet 10 ' The 1nSnua from 10" to 16" to us to
reo
Plot gn hoer a bid datument, TAt ugh ft trio
101' anathe bidldocuments the 1ACT6110 1nlprICO 12811/11/ 0 The
y sired itelInc►lude$ atIIII dlie etiemuilnpenntlom to reasonable
diameter, g pipe And eAt n boring
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0
PARTIAL RELEASE Of LIEN
PARTIAL RELEASE, dated as of the 2.2 day of -u d r
1968, made by the UNITED STATES OF AMERICA (hereinafter called
~a
the 'Government" and the NATIONAL RURAL UTILITIES COOPERATIVE
FINANCE CORPORATION (hereinafter Called "CFC"), a corporation
u existing under the laws of the District of Columbia (the
Government and CFC being hereinafter sometimes collectively
x:
called the "Mortgagees"), to BRAZOS ELECTRIC POWER COOPERATIVE,
INC. (hereinafter called the 'Corporation*).
WHEREAS, the Corporation, to evidence loans made to the
Corporation by the Government pursuant to the Rural
I
Electrification Act of 1936, as amended, has executed certain
mortgage notes (hereinafter collectively called the "Notes"I,
all payable to the order of the Mortgageest and
WHEREAS, the Corporation, to secure the Notes, has executed
and delivered the following instruments (hereinafter collec-
tively called the "Security Instruments") to the Mortysgaesi
Instrument Dated as_o_fi
Supplemental mortgage and Security Agreement 20/7/72
Supplement to Supplemental Mortgage 2/6/71
and Security Agreement
Supplement to supplemental mortgage 8/27/77
and Security Agreevant
buppand SecuritypAgreement Mortgage 12/10/79
Supplement to supplemental Mortgage g/12/53
and Security Agreement
and
WHEREAS, the indebtednaar as evil., ad oy the Notes is the
only indebtedness as of the date hereof secured by the Security
Instruments( and
WHEREAS, the Corporation has requested that certain property
hereinafter described be released from the liens of the Security
Instruments)
EXHIBIT!.....
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NOW, THEREFORE, THESE PRESENTS WITNESSETH that, in con-
sideration of the sum of One Dollar ($1.00) in hand paid by the
Corporation to the Government and, in consideration of the sum
of One Dollar (91,00) in hand paid by the Corporation to CFC at
i
the time of the delivery of these presents, the receipt whereof
is hereby acknowledged, the Government and CFC do hereby release
end dLachacgw unto the Corporation, Its successors and assigns,
all right, title, interest, claim or demand whatsoever which the
Government or CFC may have acquired by and through these
Security Instruments, or any of them, in and to the following
described property and does hereby quitclaim said property unto
the Corporation, its successors and assigns foreveri
k
7.51 miles of transmission line known as Hrasos Lire
205 CH-21 in Denton County, Texas, from the Seller's
Structure No. 15/6, Line Section XH1, to the Denton
Steam Plant substation, together with ell lines, appur-
tenances and any other personal property, fixtures and
easement rights associated with said transmission line.
TO HAVE AND TO HOLD said property unto the Corporation, its
successors and assigns forever, free, clear and discharged of
and from any and all liens and claims of the Government and CPC
under and by virtue of any or all of tho Security Instruments.
1 THIS RELEASE is made by the Government and CfC and accepted
by the Corporation on the express condition that it shall not in
any way effect or impair the liens and security of the Security
Instrurents, or any of them, upon other remises and
promises properties
~
now subject thereto and not expressly released hereby. This
release is made and accepted without covenant or warranty,
expren or implied, at law or in equity, and without recourse to
the Government or CFC, in any event or in any contingency.
IN WITNESS WHEREOF, the Government and CFC have caused this
instrument to be duly uiecutod in their behalf all as of the day
and Yale first above written
a
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W- Wqmpw"qqpp,.W-
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NATIONAL RURAL UTILITIES UNITED STATES OF AMERICA
COOPERATIVE FINANCE CORPORATION D
(CFC)
By . G7 1
By _ `_j SouUmut As • EleclrIc
For the A n strator, Rural
Director of DistributionSerrlceB Electrification Administration
r '
DISTRICT OF COLUMBIA 9
1, Sara L Bradshaw , a notary pill-lic in and f-r -
ti,-4f District o o um a, o 9JJ y certify that
;Y`_, the 40014. v+f, ..t
personally appeared a ore ma in said District, known to me to '
be the person whose ntme to subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, and in the capac-
ty therein stated and as the act and deed of said
Orce:!^
G v under my hand and seal of office on this the 3 eay
of
A0tarVy.Aub1_fc,_-D1_s_tr_jctf
~rl c~nmruia i::pia Q,ptun i., 14, 1791 Columbia
rl ,
DISTRICT OF COLUMBIA S
I Mary H. Schmidt , a notary public in and for the
District o Columbia , o hereby certify that 41011e1e f. 110r
03__ 7tattw l Rural Utilities .Q11~gtAP button r ee
1oII
personally ■p a re ea D a ore me n str ct, known to me to
be the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me
purposes and consideration therein hexpressed, and same for capac-
ity therein stated and as the act and deed of said forall Y,'1001 f
Given under my hand and seal of office on this the 3r`d day
of F_kbiylrI_, I9o$ • I I+
Mr l;osumn,aa 1AVall asrrmw 0%irWl _ 'YY) t,.. _31cRn
Notary Public, D air ct oT
Columbia
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (8t 7) 588-8307
ONlce o/the Clty Manager
DATE; July 14, 1988
T0; Lloyd Y. Harrell, City Manager
f
FROM: Rick Svehla, Deputy City Manager E
SUBJECT: Waiving of Liens at Teasley and Lillian Miller Rd.
We have been pursuing the propert at Several
months and we have finall y this corner Eor
institution that Y reached agreement with the lending !
several owns the propert
under years ago the first phase of LilYou ]iana MilIerawase buthat
ilt
assessedntoathisscornerp piece Hof As such, there
were liens
Lane and Lillian Miller sides of theoproper Yr both the Teasley
The purpose of this Ordinance would be tve since the financial institution is donatingaithe thproperty at no
ose two liens
tosthits s. BY waiving the liens we Wou clear ti t
piece of ground and make is clear and unobstructed, title
I nyau or the Council have any other
ppy to try and answer them, questions on this, we will
R ck ve Ia, eputy City anager
5, RS/n~a
2954C
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2412L
NO.
E AN ORDINANCE ACCEPTING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO
THE CITY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
LILLIAN MILLER PARKWAY AND F.M. 2181 (ALSO CALLED TEASLEY LANE) ;
AUTHORIZING THE RELEASE OF CERTAIN LIENS IN EXCHANGE FOR SAID
CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Northpark Savings Association has offered to convey
certain real property to the City of Denton in exchange for the
release of certain paving assessment liens on said property; and
WHEREAS, the City is desirous of accepting such conveyance;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City hereby accepts the conveyance of
certa n rea property described in Exhibit "A", the warranty deed
attached hereto and incorporated by reference herein.
SECTION II. That the City Manager is hereby authorized to
execute t e e eases of Liens, in the form as attached hereto as
Exhibits "B" and "C".
SECTION III. That this ordinance shall become effective
immeaiately upon its passage and approval.
PASSED AND APPROVED this the day of , 1988,
1FA ~
ATTEST:
JENNIFER ALTER , CI CRET
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:~
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EXHIBIT "All
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WARRANTY DEED i
THE STATE OF TEXAS 5 fj
COUNTY OF DENTON 1 KN011 ALL MEN BY_TIIESE PRESENTS:
THAT NORTHPARK SAVINGS ASSOCIATION
of the Count , s Texae corporation,
County of Dallas, State of Texas, for and.ks .
of the sun of TEN AND NO/100 ( eonetderatton
110.001 DOLLARS i4lother good and
valuable considerations to
It in hand paid by THL CITY OF DENTON'
hereinafter known as Grantee, the I receipt
of which is hereby
fully acknowledged, have Granted, Sold and Conveyed, and by these
presents do Grant, Sell and Convey unto the said Grantee of the
t County of Det,ton, State of Texas, whose msiltng addrr a to
2t5 East McKinney, Denton, Texae 76201, the 'ollowing described
property, to-wits
B
situated in eing all tart certain lot, tra
the C ct, or parcel of land
1006,
1006, in n the Cit C. POUIIaIter Survey, Abstract Number
more Particularly and County of Denton,
y described as followst Texas, and being
BEGINNING at a P.lleX, Hall set for canterltne intersection
ri Lilliaa Mir Paekra public roadvsy having s
Numbero2181, a public roadw. and Para to ilarket Hlshws
having a rt ht-ol-wa of 90. g i~ co called Teasley Lane)
Northeast corner of raid survey, 'said Point being she
;HENCE S 01' 04' 17" E, 440.51 feet with the East line
of said survey and with the centerline of said LIM n
Miller Parkway to a P,X, nail set for corner to a curve
on the East right-of-way of Old Teasley Lsnej
THENCE sangfe the agare of e 34a curve to the left, having a
C arc lea a ' 22", a radius of 761,20 fet!
02' S8" W, 8626.16 feet3 with saidhtest line of said.Old
Teaele Lane to a P.K. pall set for corner In the
canterfine of Teasley Lanes
THENCE S 89e 44' 37" E, 434.91 feet with said centerline
of said Teasley Lane to the PLACE OF BEGINNING and con-
tsining 1.547 acre of land, of which 0.714 acres lie
within public roadway SAVE AND EXCEPT however that pOr-
tion coM 1~sd to the City of Denton ■s described in
Quitciat Deed recorded in Volume 1340, Page 203, Real
Property Records of Denton County, Texas.
THIS CONVEYANCE IS SUBJECT TO THE FOLLOW1NG1
I• Grantee's assumption of payment of taxes for the
year Ms.
`i
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WARRANTY DEED, Page one
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Prepared bytkState BarorTexxasForusebyIawyenonly, EXHIBIT "B"
Revised 10.85:
tk O Wa! h n. lie 144 To.
PARTIAL RELEASE OF LIEN
Date:
.'t
Note
t,. Date: January 13, 1984
Original Amount: $82,049.25
Maker: Dimension Development Companyr Inc.
" payee; City of Denton, Texas
Date of Maturity: January 13, 1989
Holderor Note and Liew City of Denton, Texas `
Holder's Mailing Address lincluding countyl: 215 East McKinney
Denton, Texas 76201
Denton County
Note and Lien Are Described in the Following Documents. Recorded in: Volume 1340, Page 231
of the Beal Property Records of Denton County, Texas.
f
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Property (including any improvements) To Se Released from Lien: 311.28 feet of property
abutting the west side of Ridgeway Drive, Lillian Miller Parkway,
as more particularly described as followsa (See Exhibit "A"
attached hereto).
i
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EXHIBIT "B" (Con't)
EXHIBIT "A"
a Being all that certain lot, tract or parcel of land situated in
the C. Poullalier Survey, Abstract Number 1006, in the City and
County of Denton, Texas, and being more particularly described as
follows:
BEGINNING at a P.K. nail set for centerline intersection of
Lillian Miller Parkway, a public roadway having a right-of-way of
80.0 feet, and Farm to Market Highway Number 2181, a public
roadway (also called Teasley Lane) having a right-of-way of 90.0
feet, said point being the Northeast corner of said survey;
THENCE south 01°04'11" east, 440.51 feet with the East lice of
said survey and with the centerline of said Lillian Miller
Parkway to a P.K. nail set for corner in a curve on the East
right-of-way of Old Teasley lane;
THENCE along the arc of a curve to the left, having a central
angle of 48 34'22", a radius of 761.20 feet an are length of
645.31 feet, whose chord bears North 45°02'58' West, 626.16 feet
with said East line of said Old Teasley lane to a P.K. nail set j
for corner in the centerline of Teasley Lane;
THENCE South 39°44'37" East, 434.91 feet with said centerline of
said Teasley lane to the Place of Beginning and containing 1.547
acres of land, of which 0.714 acres lie within public roadway j
SAVE AND EXCEPT however that portion conveyed to the City of
4 Denton as described in Quitclaim Dead recorded in Volume 1340,
Page 203, Real Property Records of Denton County, Texas.
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"Red ft the Stele aar of Tern for ure by Ia.ym Doty.
atvtwd q-6S.
snn~tieriahu
RELEASE OF LIEN EXHIBIT "C"
Daw:
t
Note
Dale: January 13, 1984
OriginalAnwane: $16,871.59
Mattr. Dimension Development Company, Inc,
~r §
City of Denton, Texas
DneofMoNriey: January 13, 1989
Holder ofNooeandLkn City of Denton, Texas
Holder'eMailing Addrtutndudinj couryyt: 215 East McKinney
Denton, Texas 76201
Denton County
} Now and tka An Deecnled is ft Fo%wing Omume s. Ruaded kL.
Volume 1340, Page 229
l~
Real Property Records, Denton County, Texas
y
^►l'ac~diNasyemmw)Subjatiatka 313.77 feet of property abutting
the south aide of Ridgeway Drive in the City of Denton, Denton
County, Texas.
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Holder Of 'be now srlnowkddts ka pay Into end rekun dm property from dd Ika.
WheatAe<oatrertquitn.+iyulunouneadpronouminetudedwplurel.
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2413L
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NO.
t AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND MISCELLANEOUS
PROVISIONS) OF THE CODE OF ORDINANCES BY THE ADDITION OF A NEW
ARTICLE III HERETO REGULATING THE CONDUCT OF PICKETING IN
RESIDENTIAL AREAS; .RESCRIBING A PENALTY IN THE MAXIMUM AMOUNT OF
FIVE HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the protection and preservation of the home is the
keystone of democratic government; and
WHEREAS, the public health and welfare and the good order of j
the community require that members of the community enjoy in their {
homes and dwelling.a a feeling of well-being, tranquility, and
privacy, and when absent from their homes and dwellings, carry
with them the sense of security inherent in the assurance that
they may return to the enjoyment of their homes and dwellings; and
` k WHEREAS, the practice of picketing before or about residences
and dwellings causes emotional disturbance and distress to the
occupants; obstructs and interferes with the free use of public
sidewalks and public ways of travel; and
WHEREAS, such practice has as its object the harassing of such
occupants; and without resort to such practice full opportunity
exists for the exercise of freedom of speech and other constitu-
tional rights; and
WHEREAS, the provisions hereinafter enacted are necessary for
the public interest to avoid the detrimental results hereinabove
set forth and are enacted by the City Council of the City of
Denton, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SECTION I. That the City Council hereby adopts the findings
set To-RE-0--t-he preamble hereof.
SECTION II. That Chapter 14 of the Code of Ordinances of the
City o eon, Texas is hereby amended by adding Article III
which shall read as follows:
ARTICLE III
PICKETING
Sec. 14.34. Picketing Residence or Dwelling Unlawful.
(a) No person shall engage in picketing before or about
a residence or dwelling in the City of Denton.
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(b) It shall be an affirmative defense that the
4
residence or dwelling described in aubsection (a)
also serves as a place of business that serves as
the purpose of the picketing.
(c) it shall be an affirmative defense that a person is
picketing at the invitation of the individual
residing at the residence or dwelling.
S-ECTION 111. Any person who shall violate a provision of
this or nance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
exceeding Five Hundred Dollars ($500.00). Each such person shall
be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is tion onstsuch personnshall beapuni h d wit in the limits absuch ove,viola-
tiSECTION IV. That this ordinance shall become effective
fourte en ays from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of 1988.
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ATTEST:
2NNIFER ALTERS, CI SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: PAGE 2
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NO.
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT
AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWESN THE CITY
OF DENTON AND DWIGHT ANDERSON AS NEXT FRIEND FOR DANA L. ANDERSON,
AN INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A MINOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
C
THE COUNCIL OF THE CITY OF DENTON HFREBY ORDAINS:
SECTION I. That the attached Settlement and Compromise
Agreement et`ween the City of Denton and Dwight Anderson as next
friend for Dana L. Anderson, an incapacitated person, and Sh^:nda
Michelle Anderson, a minor, providing for the settlement and
{ j compromise of the litigation now pending between the pa-!.Les
fj before the 158th Judicial District Court of Denton County, Trxas
in Cause No. 86-2000-B, is approved in accordance with its terms,
and the City Manager is authorized to execute the agreement and
all other documents and make the payments and take su,:h action as
is necessary to comply with the terms of said agreement.
SECTION II. That this ordinance shall become effective
imme ate y upon its passage and approval,
PASSED AND APPROVED this the day of 1988.
za
ATTEST:
P
JENNIFER ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBFA ADAMI DRAYOVITCH, CITY ATTORNEY
.
BY:
s c mac.
V
CAUSE NO. 86-2000-B
DWIGHT ANDERSON AS NEXT FRIEND + IN THE DISTRICT COURT OF
C; FOR DANA L. ANDERSON, AN +
INCAPACITATED PERSON, AND +
SHANDA MICHELLE ANDERSON +
cG
+ DENTON COUNTY, TEXAS
ti +
CHARLES BRCCKETTE, JR., +
FOX FEED 6 RANCH, INC., +
GARY MOORS, AND THE CITY OF +
DENTON + 158TH JUDICIAL DISTRICT
@PTTLEMENT AGREEMENT AND STIPULATION FOR JUDGMENT
KNOW ALL MEN BY THESE PRESENTS!
That it is agreed by and between SHANDA MICHELLE
ANDERSON and DWIGHT ANDERSON, individually -and as-Next Friend For
DANA L. ANDERSON, an incapacitated person, and DANA L. ANDERJON,
an incapacitated person, acting herein by and through his
guardian ad ]item, duly appointed by the Court, and Defendants,
Gary Moors and the City of Denton, Texas, as followat
1. Defendant, Gary Moore, will pay to-Plaintiffs the total.
aggregate sum of $10,000.00 upon the entry of the Judgment by the
Court herein. Defendant, City of Denton, will pay the further
sum of $6,000.00 per year, for fifteen years, or until the death
of Dana L. Anderson, whichever comes first. The first payment of
$6100040 shall be made o4n or before July i, 1969 and succeeding
payments shall be made on or before July i of each succeeding
year for fourteen additional years or until the death of Dana L.
Anderson, whichever comes first. payments shall be made by check
` payable to Dwight Anderson, individually and as next friend for
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Dana L. Anderson, Shanda Michelle Anderson, i H. Dustin Fillmore,
attorney, said checks being sent to Mr. H. Dustin Fillmore,
Fillmore, Herrick i Harrington, 1100 Commerce Building, 307 w.
Seventh Street, Fort Worth, Texas 76102 or to such other address
z
as Plaintiffso attorney may designate in writing signed by all of
them and delivered to the office of the City Attorney, City of
Denton. In the event that Dana L. Anderson should die before
July i, 2003, then Defendants shall make the last and final
payment of $6,000.00 on the first day of July following the death ;
of the Dana L. Anderson to Shanda Michelle Anderson, by check
payable to Shanda Miobelle Anderson i Dur;in Fillmore, attorney.
' Said sums as set out above shall be apportioned to the respective
parties as the Court deems just and fair.
2. For and in consideration. of. said payments, Dwight
r
Anderson, individually and.as-noxt.friend for Dana L. Anderson,
ehanda Michelle, Anderson, and Dana L. Andorsonp an incapacitated
person, appearing herein by and through his guardian ad litem,
Dave agreed and do agree to and with the Defendants, that the
sums so paid shall be in full and final satisfaction and
compromise of and all actions, causes of action, claims
(including subrogation claims), demands, damages, costs, loss of
services, expenses, and compensation on account
of or in any way
growing out of any and all personal injuries, pain and suffering,
grief, bereavement, loss of consortium and companionsLip, mental
anquisb, loss of earning capacity, and property damage, whether
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known or unknown and whether heretofore asserted or not, owned or
possessed by any of said Plaintiffs against Gary Moors, his
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family, relatives, insurers, and attorneys, or the City of
Denton, its elected officials, its officers, employees, agents,
attorneys, and insurers growing out of or in any way connected
4S
with a certain accident which occurred on or about June 9, 1986
in Denton County, Texas. Reference is made to the pleadings of
the parties on file for a more complete description of the
respective contentions. This settlement is intended to cover all }
claims arising out of or connected with the events described in
said pleadings including claims for personal injury and property !
,
damage.
3. The undersigned understand and agree that the amount
paid under this agreement is in full satisfaction for all damages
arising on account of the above described incident and.tbat they
will receive no further sums of money therefrom from persons or
entities released by this agreement. The undersigned agree not 1
to assert or prosecute any further claims or lawsuits therefore
against anyone whomsoever, whether or not herein or otherwise
named, described, or identified. Any and all claims against
parties not specifically released herein, if any, are hereby
assigned in full to the parties hereby released.
1. it is expressly understood and agreed that Dwight
Anderson, individually and as next friend for Dana L. Anderson,
8banda Miihelle Anderson, and Dana L. Anderson, an incapacitated
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person, appearing by and through his guardian ad litea have
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already paid or will pay out of the afforementioned sums in the
past or to be incurred in the future by Dwight Anderson,
F individually and as next friend for Dana L. Anderson, 8handa
Michelle Anderson, and Dana L. Anderson, an incapacitated person,
all medical, doctors, ohiropractors, and hospital charges
received in the past or to be incurred in the future by Dwight
j
Anderson, individually and as next friend for Dana L. Anderson,
8handa xiohelle Anderson, and Dana L. Anderson, an incapacitated
person, appearing by and through his guardian ad litem and will
defend, indemnify, and hold harmless the parties-released by this
agreement and their insurers of and from any claims for such
charge■ especially with reference to any-liens under the Texas--
Hospital Lien Law.
s. The undersigned parties, for the--consideration
i'
hereinabove expressed, represent and agree that this settlement
is in compromise and is a full accord and satisfaction of a
doubtful and disputed claim and that the payment to be made by
said Defendants does not constitute and-shall-not_be.construed as
constituting an admission of liability on the part of said
Defendants who have denied that they are liable to Plaintiffs on
account-of-the matter compromised and settled by this stipulation
and agreement and by judgment so rendered by the Court pertinent
thereto.
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60 This stipulation and agreement shall be and is hereby
respectfully submitted to the court by all parties including said
Guardian ad litem who is of the opinion and represents to the
Court that the proposed settlement is to the advantage of said
minor and is for his beat interests and said parties do further
request approval of the agreement of this Court.
79 Plaintiffs hereby represent to Defendants and to the
Court that no promises, representations or agreements not set out
berein have been made to them; that this settlement agreement and
s
stipulation for judgment is executed vithout reliance upon any
statement or representation of any person or parties released or
their representatives, concerning the nature and extent of the
0
injuries,, damages and/or legal=liability therefore, "but that-this
settlement and compromise is made- 'of -their own free will and
accord after consulting vith physicians of their own choice and
selection and after consulting.with and:acting upon the advice of
°d
their attorneys.
TEE PROVISIONS OF THIS SETTLEMENT AGREEMENT AND STIPULATION
s
FOR JUDGMENT-ARE-CONTRACTUAL AND NOT MERE RECITALS$
WITNESS their hands this day of ,
1985.
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SHANDA MICHELLE ANDERSON
DWIGHT ANDERSON
This instrument was acknowledged before me by Shanda
Michall a Anderson on this day of , 1988.
Notary Public-State of Texas
f My commission expiresi
This instrument was acknowledged before no by Dwight
Anderson individually and as next friend for Dana L. Anderson on
this i day of
, 1988.
Notary Public-State of Texas
My commission expiresi
APPROVALt
9
H. DUSTIN FILLMORE
ATTORNEY FOR PLAINTIFFS
RUSSELL WELCH
GUARDIAN AD LITEM
RONALD H. CLARK
ATTORNEY FOR DEFENDANTS, GARY MOORS AND CITY OF DENTON
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DATE: 07/19/88
CITY COUNCIL REPORT FORMAT
~F TO* Mayor and Members of the City Council
` FROM: Lloyd V. Harrell, City Manager
SUBJECT. ADOPTION OF A RESOLUTION SETTING DATE, TINE. AND PACE FOR PUBLIC
1j HEARINGS ON THE PROPOSED ANNEXATION OF 20.8309 ACRES LOCATED AT
FM 2181 AND OLD ALTON ROAD. (A-56)
RECOMMENDATION:
Staff recommends August 2 and August 16, 1988 as public hearing
dates. City Council would not be required to hold a special meeting
to institute the annexation.
SUMMARYS ~
A plat was submitted for development of the Shady Oaks Mobile Home
f Park, The property was previously subdivided which required
submission of the plat. City Council directed staff to begin the
annexation at a study session on May 17, 1988,
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BACKGROUNDS
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The City annexed a 500 foot strip along FM 2181 and Skyfab Addition i
on July 7, 1987 to tie the City limits to the Corinth city limits. i
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt
Planning and Development Department and property owner. t
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FISCAL IMPACTt
City services are available In the area including water, The fiscal
impact at this time is minimal.
Prepared byt
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4CY Manager
l ~ShuE)v~~ ana ger
Cecile rarson
Urban Planner
APp ovedt
An . ob no
Executive Director for
Planning and Development
2251.
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2388L
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RESOLUTION NO. _
A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON
THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING
AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS.
r THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. On the day of , 1988, at 7:00
of clock- P. W. in the City ouncil Cham era o t e Municipal Build-
ing of the City of Denton, Texas, the City Council will hold a
public hearing giving all interested persons the right to appear
and be heard on the proposed annexation by the City of Denton
Terra of the property described in Exhibit "A" attached hereto and
incorporated by reference herein.
On the day of , 1988, at 7:00 o'clock P.M.
"a in the City 'Co-uncil Chambers o t e unicipal Building of the City
of Denton, Texas, tha City Council will hold a public hearing iv-
ing all interested persons the right to appear and be,heard on gthe
proposed annexation by the City of Denton Texas of the property
i described in Exhibit "A" attached hereto and incorporated by
1. reference herein. (
k t
SECTION IL_ The Mayor of the City of Denton, Texas, is hereby
author ze an directed to cause notice of such public hearings to
be published once in a newspaper having general circulation in the
i City and in the territory described in Exhibit "A" not more than
' twenty days nor less than ten days prior to the date of such
+ public hearinggs, all in accordance with the Municipal Annexation
Act (Article 970a, Vernon 's Texas Civil Statutes).
SECTION III. This resolution shall be in full force and
effect mme ata y following its passage and approval.
PASSED AND APPROVED this the day of
1988.
ATTEST:
JENNIFER LTERS R
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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EXHIBIT "A"
AUL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the J. Dickson Survey, Abet. No. 342 and A. Cannon Sutvey,
Abet. No. 232, and also being part of a tract of land as
conveyed from Henry C. Thompson, Jr. to R.D. Martin by deed
dated F)vember 24, 1980 and recorded in Volume 1048, Page 191 of
r the Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING at a point in the present city limits, said point
lying in the west boundary line of the tract described in
Ordinance No. 87-119, said point also lying in the north
boundary line of said R.D. Martin Tract and the south boundary
line of the Old Alton Cemetery Tract, said point also lying j
250.0' west of and perpendicular to the centerline of F.M. 2181;
{ THENCE southeasterly along the present city limits as
established in said Ordinance 87-119 with a curve to the left
having a radius 1,396.261, a central angle of 190 34' 57.9"
and a chord bearing and length of south 200 22 01.9 east,
474.901, an arc length of 477.22 to a point lying in an
easterly boundary line of said Martin Tract for corner;
THENCE south 00 07' 45" west along an easterly boundary line
of said Martin Tract a distance of 455.49' to an inner ell
corner of said Martin Tract lying in the south boundary line of
said Dickson survey and the north boundary line of said Cannon
survey for corner;
THENCE south 890 47' 45" east along the southerly north
boundary line of said Martin Tract, same being the south
boundary line of said Dickson survey and the north boundary line
of said Cannon survey a distance of 110.0' to a point for corner;
THENCE south 170 23' 11" east along the east boundary line of
said R.D. Martin Tract a distance of 142.7' to a point for
corner;
THENCE south 270 32' 29" east along the east boundary line of
said R.D. Martin Tract a distance of 695.35' to the southern
most corner of said R.D. Martin Tract same being a point lying
in the northeast boundary line of a tract conveyed to the United
k9 States of America for corner;
THENCE north 550 59' 39" west along the southwest boundary
line of said Martin Tract and the northeast boundary line said
USA Tract a distance 948.32' to an inner ell corner of said USA
Tract for corner;
A-56
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EXHIBIT "A" (Con't)
U
THENCE rarth 160 52' 52" west along the west boundary line of
said R.D. Martin Tract arkd the east boundary line of said USA
Tract passing the north boundary line of said Cannon survey and
the south boundary line of said Dickson survey, passing at
1487.98 the southerly northwest corner of said R.D. Martin
t. tract and the southwest corner of a tract described In a deed
from R.D. Martin et ux to Tim D. Masten at ux dated October 14,
1981 and recorded in Volume 1106, Paps 730 of the D,R.D.C.T.,
conttnuing for a total distance of 1,855.35' to the northwest
A; corner of said Masten Tract, said point also lying in the south
{ right-of-way line of an east/west county road for corner;
THENCE south 890 18' 49" east along the north boundary line
of said Masten Tract and the south right-of-way line of said
{ county road, passing at 242.0' the northeast corner of said
Masten tract and the northerly northwest corner of said R.D.
X' Martin tract, continuing for a total distance of 484.62 to the
northerly northeast corner of said R.D. Martin Tract for corner;
,a
THENCE south 10 21' 17" west along the westerly east boundary
line of said R.D. Martin Tract a distance of 299.29' to a point
lying in the north boundary line of said Old Alton Cemetery
tract for corner;
THENCE south 890 44' 10" west along the northerly south
boundary line of said R.D. Martin Tract and the north boundary
line of said Old Alton Cemetery tract a distance of 20.8' to an
inner ell corner of said R.D. Martin Tract, same being the
northwest corner of said Old Alton Cemetery Tract for corner;
THENCE south 00 43' 57" west along the westerly east boundary
line of said R.D. Martin Tr -ct and the west boundary line of
IT the Old Alton Cemetery Tract a distance of 335.84' to an inner
ell corner of said R.D. Martin Tract and the southwest corner
of said 31d Alton Cemetery Tract for corner;
THENCE south 870 18' 0' east along the southerly north
4 boundary line of said R.D. Martin Tract and the south boundary
line of said Old Alton Cemetery Tract a distance of 234.33' to
the Place of Beginning and containing 20.8309 acres of land.
1a A-56
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2388L
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NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the
territory described in Exhibit 'A", attached hereto and incor-
porated by reference herein, to the corporate limits of the City
of Denton.
A Public Hearing will be held by and before
he
of the City of Denton, Texas, on the day of City Council
1988, at 7.00 o'clock P. M. in the C ti y7ouncil C,am ere o t e
Municipal Building of the City of Denton, Texas, for all persons
r place all eucht personse shall o have annexation. ht tot appear aid time and
plheard. Of all said matters and all n and be
things, persona interested
I in the things and matters herein mentioned, will take notice.
A Public Hearin^
of the City of Denton$ Texas,hon the and beday ofhe City Council
1988, at 7r00 o'clock P. M. in the City-zouncil C sm era o t e
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested
in the things and matters herein mentioned, will take notice.
MY ST YKENS, MAYW'
' ATTEST:
1 JENNIFER WMXMPS-s-C1T779ZMETW
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A-56
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EXHIBIT "A"
ALL that certain lot, tract or parcel of lend lying and belaS
situated in the County of Denton, State of Texas, and being r,•.rt
of the J. Dickson Survey, Abet. No. 342 and A. Lannon Survey,
Abet. No. 232, and also being part of a tract of land as
conveyed from Henry C. Thompson, Jr to R.D. Martin by deed
dated November 24, 1980 and recorded in Volume 1048, Page 191 of
the Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING at a point in the present city limits, said point
lying in the west boundary line of the tract described in
Ordinance No. 87-119, said point also lying in the north
boundary line of said R.D. Martin Tract, and the south boundary
line of the Old Alton Cemetery Tract, said point also lying
250.0 west of and perpendicular to the centerline of F.M. 2181;
THE11CE southeasterly along the present city limits as
established in said Ordinance 87-119 with a curve to the left
having a radius 1,396.261, a central angle of 190 34' 57.9" and 474.90',hoan arcrilength ofng477.22' stotha 2point 221 l01.9" f inaean
eaaterly boundary line of said Martin Tract for corner;
THENCE south 00 07' 45" west along an eaaterly boundary line
k of said Martin Tract a distance of 455.49 to an inner all
corner of said Martin Tract 1yin in the south boundary line of
said Dickson survey and the nort% boundary line of said Cannon
survey for corner;
as
THENCF south 890 47' 45" eart along the southerly north
boundary line of said Martin Tract, same being the south
boundary line of said Dickson survey and the nor
of said Cannon survey a distance of 110.0' to a point oforacorner;
THENCE south 170 23' 11" east along the east boundary line of
said R.D. Martin Tract a distance of 142.7' to a point for
corner;
THENCE south 270 32' 29" east along the east boundary line of
said R.D. Martin Tract a distance of 695.35' to the southern
inathe0northeast b boundary line iofTa tractmconveyed to thetUtitad
States of America for corner;
THENCE north 550 59' 39" west along the southwest boundary
line of said Martin Tract and the northeast boundary line said
USA Tract a distance 948.32 to an inner all corner of said USA
Tract for corner;
A-56
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EXHIBIT "A" (Con't)
THENCE north 160 52' 52" west along the west boundary line of
said R.D. Martin Tract and the east boundary line of said USA
Tract passing the north boundary line of said Cannon survey and
the south boundary line of said Dickson survey, passing at
1487.98' the southerly northwest corner of said R.D. Martin
tract and the southwest corner of a tract described in a deed
from R.D. Martin at ux to Tim D. Masten at ux dated October 14,
1981 and recorded in Volume 1106, Page 730 of the D.R.D.C.T.,
continuing for a total distance of 1,855.35' to the northwest
corner of said Masten Tract, said point also lying in the south
right-of-way line of an east/west county road for corner;
THENCE south 890 18' 49" east along the north boundary line
of said Masten Tract and the south right-of-way line of said
county road, passing at 242.0' the northeast corner of said
Masten tract and the northerly northwest corner of said R.D.
Mp~rtin tract,
northerly northeast corn r for a of said total R.D. Martin Tract for corner
THENCE south 10 21' 17" west along the westerly seat boundary
F
line of said R.D. Martin Tract a distance of 299.29 to a point
lying in the north boundary line of said Old Alton Cemetery
tract for corner;
THENCE south 890 44' 10" west along the northerly south
boundary line of said R.D. Martin Tract and the north boundary
line of said Old Alton Cemetery tract a distance of 20.8' to an
the
inner oil northwest corer corner of said i Old R.D. Ceetery a Tract for coner;
THENCE south 00 43' 57" west Along the westerly cast boundary
lina of said CemeteMartltn ry Iract a a t diaird the stance of s 335.84'd to ao
the Old Alton em ilner
all corner of said R.D. Martin Tract and the southwest corner
of said Old Alton Cemetery 'tract for corner;
THENCE south 870 18' 0" east along the southerly north
boundaryq line of said R.D. Martin Tract and the south boundary
res of land. to
the line Place a of Beginning and containing t 20.8309 distance
A-56
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ANNEXATION ARd
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July 19, 1988
CITY COUNCIL AGES ITEM
101 A1AtiOFt AIiJ i.EfvuERS OF Ii'E CI TY C1f E I L
FRUIt Lloyd Harrell, City Manager
1 SU3Jt LU,610ER RESOLUTION ELIMINATING ENERUY COST ADJUSTIf:NT F
Af4
KUNTHS OF Nj-AjST ArJD SEPTEN13ER 4,U PROVIDING F-CR Aft
EFFECTIVE DATE.
RECQYI~CNDATIONt
The Public Utilities Hoard, at their meeting of July 14, recormnonded to the City Council that the attached Resolution
eliminating the Energy Cost Adjustment (ECA) for the months of
Hugust and September 1986 be approved.
y SLMv ARY/BACXGROU~U s
The ECA deals v+ith the variable cost of electrical production,
both the coat of fuel and purchased power, This variable cost
Is passed onto the customer via an ECA on the kilowatt-hour
usage. During times of volatile gee prices, the ECA is adjusted
on a monthly basla, However, during recent times of relatively
stable gas prices, an estimated ECA is utilized.
The current ordinance has set the ECA at $.02000
hour
per kilowatt
that Inr thenteventndthatrnactueltecumulativerdi sts also states
pur0ased energy are greater or leas thanthe^fcunullative
revenues by $I,UUU,0o0 during the fiscal year, the Clt rna
mpute the ECA and re-establish an ECA thst collects or
returns such difference over the remaining months of the fiscal
year,
The ltllity Staff has been reviewing
and revenues for the first seven months for the remainder of the !fecal the actusi cumulative costa
methods of adjusting year (along with computations
the ECA were considered.it III)' Several
method must ensure accuracy of all data, abide b The recommended
statutes, and maintain y City and State fete
` consumption and revenue date,lntegrity of
individual kwh
Septembet ECA to zero accumpl lshesdjthe l aboveheandug ast been
reviewed and approved by all departments Involved,
PRCUW49 DEPARTNENTS OR GROUPS AFFECTEDs
Citizens of the Customer Service Department, Data Processing and Uti Department.
g l[ties,
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FISCAL IMPACTt
Total revenue for August and September Is projected to be
$12,4240000. Due to thla proposal, the projected revenue will
be reduced by $114B4,095 or 19.99%.
I 6
Resp fully a b ltted,
L fl _ _ ,
*-IdMCity anege1.
Prepared by,
-f
i E. B. Tullost Director
' Electric Utilities t
Approved by,
4i1 E. Mi son, Executive ;
Director of Utilities
Exhibit I Resolution
11 ECA Schedule
1I1 Estimated ECA for Fiscal Year 1988
1V PUB Minutes of July 14, 1988
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RESOLUTION NO.
A RESOLUTION ELIMINATING THE ENERGY COST ADJUSTMENT IRATE
SCHEDULE ECA) FOR THE MONTHS OF AUGUST AND SLPTEMBER OF 19881
AND PROVIDING AN E-eE"TIVE DATE.
WHEREAS the
price of oil, qua and other fuels has remained
unexpectedly lower than had been predicted over the last years
t' WHEREAS, the City of Denton Utility establishes its Energy
Cost Adjustment (Rate Schedule ECA) based upon projected energy
costs and projected KWH salesl and
WHEREAS, the City of Denton Utility has receive4 funds in
excess of its projected costs for purchasing energy during the
current fiscal year; and
I WHEREAS, Rate Schedule ECA (Energy Cost Adjustment) of
Ore.siance No. 87-027 states that the City of Denton may return
such excesses over $1,000,000 to customers over the remaining
months of the fiscal year; and
j WHEREAS, the City Council Gf the City of Denton desires
t that the citizens of Denton benefit from reduced energy costs by j
eliminating the energy cost adjustment for the months of August
and September of 19881 NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONs
SECTION I. T?* ,at the Energy Cost Adjustment (Rate Schedule
ECA) now set at 2.00 cents per KWH is hereby eliminated for the
months of August and September of 1988, The Energy Cost
Adjustment will be re-established in October of 1988.
SECTION 11. That this resolution shall become effective
imme .-.te y upon its passage and approval.
PASSED AND APPROVED this the day of July, 1988.
RAY bIErH1;NS, 14AYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYj
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SCHEDULE ECA
ENERGY COST ADJUSTMENT
ENERGY COST ADJUSTMENT
All monthly KWH charges shall be increased or decreased by an
amount equal to "X"
adjustment cents per KWH, to be known as the energy cost
(ECA). The ECA shall be computed in the months of
April and October to be applied to the followin
through October and November through April respectively of
The
City Shall In no case change the energy cost adjustment more than
twice in either of the six (6) months periods, The ECA shall be
calculated by the following formula:
ECA (Winter) Pro ected ener cost for winter months
ro ec a sa es or w n er mont s
ECA (Summer) Projected cost for summer months
ro ec a KAR-sa et or summer mon s
The above formula results in Winter 1986/87 and Summer 1997
ECA's as follows:
ECA (Winter) 2.009/KWH
ECA (Summer) 2.009/KWH
a the event that actual cumulative costs of fuel, variable
cost;, of Texas Municipal Power Agency (TMPA) ener
energy (excluding TMPA's fixed charges) is BY and purchased
than the cumulative EGA revenues b greater than or less
year, the City may recompute the Energy~OCostu Adjustmentisand
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e-establish an ECA that collects or returns such difference over
the
shallrbe appliedoevenly to the fiscal all year. Such
monthst ECAchange in ECA
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07/11/88 CITY OF DENTON
10:32:05 ENERGY COST ADJUSTMENT
REVENUE vs COSTS
FISCAL YEAR 1988
Month Cost/EWR Revenue Actual
(ECA) (Actual) (gCA) Costa Difference
Cctober 0.0200 0,01470 $1,243;580,30 =776,650.12 $486,630.18
November 0.0200 0.01714 1,0661864.24 850,013.53 216,840.71
Decemder 0,0200 0.01507 1,0689602.22
830,180.76 2289421.46
January 0.0200 0.01526 1,211,997.84
939,701.16 272,298.68
February 0.0200 0.01380 1,057,968.74 7480718.08 311,250.68
March
0.0200 0.01339 1,011,951.46 701,943.41 3109008.05
I q
April 0.0200 0.01634 968,271.65 884,396.81
93,876.84 r
May 0.0200 0.01584 991 970.94
C03,964.65 889016.29
June 0.0200 0.01629 1,261,283.63 1,119,461.43 141,822.10
July 0.0200 0.01682 --1,888,320.00 1,234,538.47 463,783.53
Subtotal =11,650,400.82 =8,967,455.61 - -
' 62,682,945.31
August 010000 0.01582 0 11378,731.27
(1$76,731.27)
September O.OOUO 0.01582 0 1,107,384.34
1
(11107,364.34)
TOTAL =119660,400.82 :11,461,661.11 $ ~
X98,849.71
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NOTES
1. Actual ECA Coats for July, August and September is the average of
April, May and June Actual ECA.
2. July, August and September kiilowatt-hours are revised to more
accurately reflect current conditions.
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EXCERPT MINUTES
PUBLIC UTILITIES BOARD
July 140 1988
CONSIDER RFrOLUT10N ELIMINATING ENERGY COST ADJUSTMENT FOR
MONTHS OF AUGUST AND SEPTEMBER AND PROVIDING FOR AN
EFFECTIVE DATE.
` Nelson introduced this item explaining the ECA deals with the
r 3 variable coats (fuel and purchased power) and are passed onto
` t the customer via an ECA on the kilowatt-hour usage. During
times of volatile gas prices, the ECA is adjusted on a monthly
basis. However, during recent times of relatively stable gas
prices, an estimated ECA is utilized.
The current ordinance has set the ECA at 4.02000 pat kilowatt
hour for winter and summer rates. The ordinance also states
that in the event that actual cumulative costs of fuel and
purchased energy are greater or less than the cumulative f
revenues by 4100000000 during the fiscal year, the City may E
recompute the ECA and re-establish an ECA that collects or
returns such difference over the remaining months of the fiscal
iat,
The Utility Staff has been reviewing the actual cumulative costs
and revenues for th^ first seven months along with computations
for the remainder of the fiscal year (Exhibit 112), Several
methods of adjusting the ECA were considered, The recommended
method must ensure accuracy of all data, abide by City and State
3 statutes, and maintain the integrity of individual kwh
consumption and revenue data, Adjusting the August and
September [CA to zero accomplishes the above and has been
reviewed and approved by all departments involved.
4 Total revenue for August and September is projected to be
41204240000, Due to this proposal, the projected revenue will
be reduced by 42,484,095 or 19.991.
Nelson further explained that the negatives to this program arei
a) For these two months, people will pal 5,5¢-60/KNH (Sept.
and Oct.), and when October comes, the bills will be back
up again.
b) People with all electric homes will not be compensated
fully since their high usage was during January and
Februarys
c) Next year, we may not be unable to have such a program, and
when people compare next year's bills with this year's
bills, an increase in high bill complainta can be expected.
However, Staff feels the positives override these concerns, and
recommend approval of the ECA adjustments
After general discussion, LaPorte made a motion to recommend to
the City Council acceptance of the staff recommendation. Second
by Frady, Vote: Laney (aye), Frady (aye). Thompson laye)
LaPorte (aye) Chew (nay). Motion carried.
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DATE:
CITY 0 ;CIL REPORT FORMAT July 110 1988
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
{ FROM: LLOYD V. HARRELL, CITY MANAGER
SUBJECT: ;resolution Authorizing City Staff to Aprly for a
Texas Parks and Wildlife Department Loca. Park Fund
UCOWIENDAT16 nt
j~ The Parks and Recreation Advisor, Board wishes to
tI recommend to the City Council that this resolution be adopted in
pursuit a' a 30-50 matching grant for the renovation and ft•:'her
developme,it of athletic facilities at Evers Park.
SU IARY! In order to apply for a 50-50 matching grant from the Local
Park Development Fund through the Texas Parks and Wildlife Department,
the City Council must approve a resolution authorizing its staff to
participate in the program as well as certify the City is eligible to
receive such assistance under the program.
The bond issue passed in 1986 authorized $1.3 million to
improve athletic facilities at Denial Evers, and North Lakes Parkn. The
City has previously sought matching funding for nark development. Three
projects have been funded at North Lakes Park, general improvements at
Denial Evers, Mack, and Skiles Parks, and Avondale Park, now under
Pl~9RA~1s.4-DEPARTMENTS _OR_ GROUPS AFFECT D:
If the grant request is funded, the devolopment project is essentially
doubled providing for money to renovate the 25 year old lighted ballfields
currently at Evers Park as well as a new concession/restroom facility. The
bond issue will provide for liohts for existing fields and development of
two practice fields.
FISCAL IMPACT:
Fiscal impact is positive with the state matching the local contribution•+
from approved bond funds. The local share is $1800000. Total grant
project will be $360,000.
RESP FULLY SUBMITTED:
ell- '/Z
Li D V, HARRELL
CITY MANAGER
PREPARED BY •
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Ma Ro rt K. Ticknor
TITLE Superintendent of Parks
TITLE
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RESOLUTION NO.
A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING
CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON SEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS
AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE
LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE
CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH
PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
~s
WHEREAS, the United States Congress has passed the Land and
Water Conservation Fund Act of 1965 (Public Law 88-578), auth-
orizing the Secretary of the Interior to provide financial
assistance to states, and political subdivisions thereof, for
N outdoor recreation purposes; and
WHEREAS, the Texas Legislature has adopted Article 6081r,
V.A.C.S., for the purpose of allowing the State of Texas, and its
political subdivisions, to participate in the Federal program
established under said Public Law 88-578, or such other programs
as are hereinafter established by the Federal Government; and
WHEREAS, the City of Denton is fully eligible to receive
assistance under this Program; and
WHEREAS, the City Council of the City of Denton is desirous
of authorizing its administrative staff to represent and act for
the city in dealing with Texas Parks and Wildlife Department
concerning this Program, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the City Council of the City of Denton
hereby c~ ertifiea that the City of Denton is eligible to receive
assistance under Public 88-578; as augmented by Article 6081x,
V.A.C.S.
SECTION II. That the City Council hereby authorizes and
directs its City Manager to represent and act for the City of
Denton in dealing with the Texas Parks and Wildlife Department
for the purpose of this Program. The City Manager is hereby
officially designated as the City's representative in this regard.
SECTION Ill. The City Council hereby designates its Executive
Director o~`inance as the official authorized to serve as the
City's fiscal officer to receive Federal funds for purposes of
this Program.
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The City Council hereby specifically
SECTION IV authorizes
the ty officials herein designated to make application to the
Texas Parks and Wildlife Department concerning the tract of land
known as Evers Park in the City of Denton.
-
~ PASSED AND APPROVED by the affirmative vote of tha City
Council of the City of Denton, on this day of
` 1988.
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ATTESTi
JENNI, E REZAFLY
°.R WALTERS-,-CfT-T-
APPROVED AS TO FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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` RESOLUTION OF SUPPORT
` A RESOLUTION SUPPORTING THE PARTICIPATION OF THE D£NTON PARKS AND '
RECREATION DEPARTMENT IN THE GRANT PROCESS FOR FUNDS ASSOCIATED WITH ` WATER
AND C
WILDLIFE
THE ONDUCTEDDBYATHE STATE FOTEXASATHROUGHUTHE TEXASLPARKS PARK
r DEPARTMENT.
WHEREAS, the Parks and Recreation Departmeration responsibleCi r
the planning, organizing, and op of all recreation programs and the contruction and raintenance
of all City owned open space, parks, ion reflects sound funding
WHEREAS, we believe this grant partlicatof the Parks and Recreation
principles on the p
Department and the City of Denton= and
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WHEREAS, the facility which will be developed will greatly impact
the community's ability to participate in athletics) and i
WHEREAS, we believe that funding this application opportunities resulttin
increased outdoor recreation citizens of Dentoni
BE IT RESOLVED THAT TAO PARKS AND RECREATION ADVISORY BOARDor F aTHE nd
CITY OC DENTON, TEXAS, states its enthusiastic support
belief in the and Waters Conand servationatFundseportmLocal ePar'. Fundsgufor
needed Land a expanded athletic facility.
~.desired development at an C
at IB P c ey, Bo Mem ec
"--nT-- erson, Boar Mem er R
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Qi -~4re-mye-r on Gregory, o r M er
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EVERS PARK
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I1`r 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 RESOURCF32 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
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
t. 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
w`4 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 t~e 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
>r said note being used to construct improvements to the leased
premises; and
t 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:
li
w SECTION 1. That the City Manager is hereby authorized to
approve the security Agreement, a copy of which is attached
hereto as Exhibit "A", incorporated by reference herein.
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SECTION II. That this Resolution shall take effect and be in
full orce mmediately upon its passage.
PASSED AND APPROVED this the day of , 1988.
f ~g
RA TEP E S , MAYOR
ATTEST:
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JENNIFER WALTERSO CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: .tgL k _
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' - COLLATE~TRAN~~ER OP LEASE
tSecur ey Agreewntl
THR STATE 07 TEXAS, s
KNOW ALL MEN BY THUS PRESENTSp
t COUNTY OF DINTON f
That FIRST FINANCIAL RESOURCEN, INC., a Delaware
corporations whose address is ill Kimberly Drive, Denton, Denton
County, Texas, hereinafter called 'Debtor, for a valuable and
sufficient consideration paid, the receipt of which is hereby
acknowledged, hereby TRANSFERS, ASSIGNS AND VONVEYS unto MSANN
VSNTON whose address is 715 N. Hickory, Denton, Denton County,
r
;L Texas, hereinafter called 'Secured Party' that certain Lease
Agreement dated September 1S, 1917, by and between the City of
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Denton, sa Lessor and first Financial Resources, Inc., as Lessee,
covering a certain tract of land situated in the T. Toby Survey,
P' Abstract 1765, Denton County, Texas, and being more fully
,
ws
" described in said Lease Agreement, a copy of said agreement
attached hereto and made a part hereof for all purposes.
ti This traWas is made to, secure the payment of that one
certain proaissory note in the original principal sum of
6100,000.00, dated October 76, 1917# executed by first Financial
Resources# [ae.p and payable to the order of Secured Party and
upon full payment of which note this transfer Mall be null and
void and said Lease Agreement, shall, at the expeasa of Debtor,
14
1 be re-transferred, without warranty or tecoursep to Debtor by
Secured Party,
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[a the event of default In the payment of any installment,
principal or interest, of the Note hereby secured, in accordance
with the term tbereofp Secured tarty may elect, Debtor hereby
expressly waiving notics', demand and prsssntmsat, to 4 ,.14re the
entire indebtedness secured Immediately due and payable,
in the avant of default in the payment of said indebtedness
when due or declared dues Secured Party ,ball have the right to
enter upon said keaaed premises and operate or manage any
improvements thereon under the terms of the Lease Agreement
harsinabove described.
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This /eearity Agreement is subJsct bo the approval of the '
c~
2 City of Denton, Lessor.
Debtor agrees to pay secured Party reasonable attorney's
fees and court casts which may be incurred as a result of any
+R legal action instituted to enforce this instrument.
The law governing this secured transaction shall be the
applicable laws of thi State of Texas, and the venue of any
action concerning the enforcement of this instrument shall be
a, Denton County, Texas.
e1(ECUTE0 this,}I ay of 1917,
?IRS? 71MANCIAL RESCURCIS, INC.
Debtor
a APPROVRDt
CITY or DRM N, TEXAS
{
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TEX STATE OF TEXA1 S
COON'ff Of DIME f f
This Instrument was acknowledged before as on thi*A day
of October, 1917, by Ji.~ ,V-)- ` ',,.Vin_xot
of first financial R oue~o CeT, ae., a lawaee eorporae a, on
behalf of said corporation.
o ry a, state o eF a
My Cormisalon 1xPiress
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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.
kY.
MEMBERS PRESENT: Arno, Ferrara, Smith, Woolfolk, Wright
MEMBERS ABSENT: Carrell, Williams II
OTHERS PRESENT: Bruce Brown, Leslie Bowen, Rodger Peatling, I
Lessees; Rick Svehla, Deputy City Managers
~t* Joe Thompson, Airport Manager; Bruce Cardwell,
Airport Assistant
1. The Board considered the Minutes of the regular meeting of
~sY February 9, 1988. A motion was made and seconded to
approve the Minutes as written. The motion passed
hp•
unanimously.
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 constructiot plans and building permits
from the appropriate City Departments. The motion passed
unanimously.
std
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
~i 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.
t 4. The Board considered the Airport Manager's Report. The
Manager reported on the following,
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Letter from Butler Aviation; Million Air Franchise; request
for proposal letter for F.B.O.'s. Land lease changes
progress and appointment with Legal to discuss the lease on
a a- the 29th of this month. Port-A-Port representatives and
Mr. Brown as Lessees were invited to make suggestions.
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Airport Advisory Board Minutes
March 24, 1988
Page 2
Scrap metal is being removed from the Airport. The Q nicom
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. The manager reported on the seminar
presented by Freeze Nichols where Tom Graves, Supervisor,
F.A.A. Airport Engineering Division, spoke concerning the
r 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.
E Runway and taxiway refurbishing was discussed. Rick Svehla
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
t 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 1
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.
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OFFICE OF THE, CITY ATTORNEY
` MEMORANDUM f
h TO: Joe Thompson, Acting Airport Manager
FROM: Debra A. Drayovitch, City Attorney
SUBJECT: Request of First Financial Resources, Inc. for the i
City to Execute a Security Agreement
DATE: March 18, 1988
` As we discussed earlier today, I am forwarding a request from Tom
Jester, attorney for First Financial Resources, Inc., that the
Council authorize the Mayor to execute a security agreement, in
favor of MBank, who has loaned First Financial money, in the
airport lease between the City and First Financial. A brief
o history of this request is in order. On October 26, 19870 I
received a call from Greg Pitzer, who advised chat the Sank
wanted a security interest in this lease. I advised him that
section VIII of the lease provides that in the ovent of the
lessee's default on a loan for the construction of a hangar,
structure or building, the lender has the right to assume the
lease and manage the i.mpr-)vemint, structure, etc. for a period
i not to exceed the term of the Lesser's mortgage,, or until the
loan is paid in full, whichever come first, but in no event
longer than the term of the lease. The lease further provides
~<< that the rights of the mortgagee in this regard are limited and
restructured to those improvements constructed with funds
bor►owed from mortgagee.
R
On October 27, I again spoke with Pitzer and he advised that
Robin Kain was meeting with the Mayor, and that if they did not
s work it out, he would forward a copy to Bruce Cardwell of the
Bank's proposed security agreement. In November, Assistant City
Attorney D Lane Callander again received a call from somerne with
First Financial and she explained that the proposed security
agreement exceeded the limitations of Article VIII of the lease,
` in that it was a wholesale right of tho lender to the lease in
F` tho event of default, and not a limited right to operate
a str^ctures constructed with the proceeds of the loan.
On February 280 Tom Jester and I met and I explained to him that
if the Airport Board recommended an amendment to the lease to
allow the execution by the City of this Security Agreement, I
would prepare such for Council's consideration. I asked that he
orovide a copy of the note, which is attached. As the note mak.s
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Joe Thompson
March 18, 1988
Page Two
A.
g no *eference as to what the proceeds of the loan are to be
utilized for, it is possible that they represent working capital.
Indeed, when I saw Tom last week, he indicat^d he did not know
the purpose of the loan. I understand you will submit this
I "r requ-st to the airport Board and request that we prepare an
amendment to the lease if the Board so recommends.
Should you have any questions in this regard, please advise,
x ~
DE'/v{Qe z
i ~ BRA/c A. D C
DAD:jw
xc: Lloyd V. Harrell, City Manager
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Attachments
27721
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MINOR & JEUTER
.TTORNtia..T.L. W
R. O, Box Igo
IIS W. MCXINNEY STREET
1 ►e1o N. viNOR Ilaib19141 DENTON, TEXAS 76201
TOM D. AST", JR. PHONt alf/1Ii•7gg1
April 26, 1988 tl,/Na.t,ll
MITRO 4341111
a
E Ms. Debra A. Drayovitch
City Attorney
City of Denton, Texas
Municipal Building
t` Denton, Texas 76201
k
rea First Financial Resources,
Inc. Security Agreement
Dear Ms. Drayovitcha I
In reference to the Security Agreement which {
You have
amended, a copy of which is enclosed here', please be advised
that the changes you have made to th,. .,ocurity Agreement are
unacceptable to MBank, Denton, Texas.
t
If there is a default, we want to be able to take over the
entire leased premises, as it would be totally uselea;s to us to
take over only th-e-improvements constructed thereon. 9
Thank you for your consideration regarding this matter. a
Very truly yours,
i
MINO 6 JESTER
ter, Jr.
TDJ/ap
enclosure
cce Mr. Robin Kain
President
MBank of Denton
Denton, Texas 76201
APR 2 q 1988
`CITY C, L. ,!cu
g LEGAL DEPT,
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SECURITY AGREEMENT
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THE STATE OF TEXAS 4
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That FIRST FINANCIAL RESOURCES, INC., a Delaware corporation,
whose address is 611 Kimberly Drive, Denton, Denton County,
Texas, hereinafter called "Debtor", for a valuable and sufficient
consideration paid, the receipt of whLeh is hereby acknowledged,
hereby TRANSFERS, ASSIGNS AND CONVEYS unto MBANK DENTON whose
address is 215 W. Hickory, Denton, Denton County, Texas,
d± hereinafter called "Secured Party" that certain Lease Agreement
dated September 15, 1981, by and between the City of Denton, as
Lessor and first financial Resources, inc., as Lessee, covering a
certain tract of land situated In the T. Toby Survey, Abstract
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1285, Denton County, Texas,' and being more fully described in
said Lease Agreement, a copy of said agreement attached hereto
and made a part hereof for all purposes.
This transfer is made to secure the payment of that one
~ certain promissory note in the original principal sum of
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6100,000.00, dated October 26, 1981, executed by first financial
Resources, inc., and payable to the order of Secured Party and
upon full payment of which note this transfer shall be null and
void and said Less* Agreement shall, at the expense of Debtor, be
re•trsnsfsrred, without warranty or recourse, to Debtor by
Secured Party.
In the event of default in the payment of any installment,
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principal or interest, of the Note hereby secured, in accordance
with the terms thereof, Secured Party may elect, Debtoe hereby
expressly waiving notice, demand and presentment, to declare the
entire Indebtedness secured immediately due and payable.
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In the event of default in the payment of said indebtedness
when due or declared due, Secured Pasty shall have the right to
enter upon sold teased premises and operste or manage jur
improvements constructed thereon with the proceeds o the above
referenced promissory note. _un4er the terns of the Lease_
Agreement, Section VII.I,_here Snabove described.
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