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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. i 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. r, 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.) y City of Denton City Council Agenda Jul), 19, 1988 Page 3 s i 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 C 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. t: .1 h N t ' 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 r Ci-ty ecretary 2950C 1 , 5 I. i 1 r i e■■■ii 1 rN~ 1 i , ~ 1 . 'i i V i i i YAW ' 1 is I N I 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. i I I 1 1 t 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 i 4, bid J9878 - Playground Equipment i 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.} ~S i City of Denton City Council Agenda July 19, 1988 Page 3 5 S 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. i I 1 ' City of Denton City Council Agenda July 19, 1988 Page 4 i 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 2950C ~i i i i f. i . 1 i, p I I i 4 Y f " 3 r j I i t 1 I; 9 M 304,'c3o 9~ 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 M I a I 1 'aw S x,' / 1 i V I DRAFT FOR REVIEW:' • I t DENTON i s t PMENT PLAN. O DEVEL POLICIES FOR GROWTH SUMMARY i ' PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON t JANUARY 21, 1418 i i I ~ is i TABLE OF CONTENTS 9M Paae 1. The Long Range Plan 1 II. Intensity Area Policies 2 Ji 111. Housing 4 r, IV. Transportation 5 V. Parka & Recreation 6 i c VI. Economic Development.... 7 I VII. Urban Design 8 1 I~ VIII. Balanced Growth 8 IX. Compact Growth.... 4 9 X. Specific Area Policies ..............................10 XI. Implementation Policies and Guldelines ..............13 n l f, . 2846g • r~ ~ r T v~ 4 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. t 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. 28469 - 1 Y, ti l S Y' r I~ ~ k CONCEPT MAP LEGEND: i NORTH Urban Centers r I~ I I 1 I 1 ® Special y Center Major Aclivll Center r I i r I Moderate Activity Center i I I t r r 1 i I 1 I\, rr svw _ r Otenni Md Devoloo"M Department J ~..r Clly Ofnp Denton I I i 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) 28468 -z- I 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 1 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 I 2846q - 3 - i' r f I 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: 2846 g - 4 - k r+ ti I ~ t~ W~- ROW, I f 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. 2846g i f I 1 I ~s _ i LONG RANGE ' NORTH THOROUGHFARE PLAN rYi. r LEGEND: i {I; II ~ ICJ 1 Boundary oI Study Area - ~III Freeways PrImagMajor Arterials i , I - Secondary Major Arterials { w - I 1, ilY to w _ J1 1. I ~ ' ~ 1. J r0~1 ~ ~ ~ ~FI f I 1 ~ f' I '~1Yw l Plan nlnnpp and D~wlopm~ni Drp~rtm~nl City o10oMon f 4 F r T 1 t l~ 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. s 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. 2846g - 6 - 4 k 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. r 2846g i v: 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. 28469 - S - R i tt 0. 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. x 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. F v 2846g 9 - 4 F I 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. 28461 - 10 - n T i 1. 1- 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. 2846g ;t b 9 I R 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). i 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 D 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 2816q 12 - , 1 .j r' N I 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. 4 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 28469 - 13 - Fy N 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. s_ 2946g 14 - N I Minutes Planning and Zoning Commission June 1, 1968 r'. 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 k ~k 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. 4 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, xa„ . T i I 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. r i l ` I ' G j1 1 ti N' !Vi f F ~v AMh ~I i j I a; i X30 *o2.. DATES 07/19/88 i CITY COUNCIL REPORT FORMAT I I 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 j Iloy . harrell l Prepared bys City Manager 111 Harry P laud Urban Planner APp vedl w! Cr- Fran o ine Executive Directo for Planning and Development f f i I ~S N I CITY of DENTON 1215 E. McKinney / Oenlon, 7axas 76201 MEMORANDUM ,M I R 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. e'R ~r J. I I I 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 t, Delay the adoption of the plan until Appendix A is completed. Frank Robbins 1204k t t rY.. ` f i P62 Minutes DRAFT June 22, 1998 Page 5 . 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 f E it ck al V 1 :EEH 1 T 7,'ov f 0923L i 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 - to i R Y I P% i I Y 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 r 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 I t~ f J ! I I I I 1 I I I ~ 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 ? € I I I S I I € I 1 :17 i I~ I M ~I I f w I 111 1 1 9@0 I ~ I I I I 1 t 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 i I R. I1 I ' tl ` F I 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 4 - j I I = I I I 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 ~q J d, i, e ^ 7 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 i If ,W. S) r I I 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 ! I 1 1 i I 1 I I I ~ I I t r I ! I 1 I I 1 4 I 6 \gpA Oy I i+ y . e t 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 $18,892.00. SUtVYIRY: All of the above awards are to the low bidder with the exception of em th Bob Modlln and Webb and Associates did not meet the specifications for that I Item. BACKGROUND: Tabulation sheet Memorandum from Bob tickner PROGRANS, DEPARTMENTS OR CROUPS AFFECTED. Parks Department FISCAL, IMPACT: There Is no additional Impact on the General Fund. 4ct submitted: rell City ?t anager Prepared by: Na Jo n . Marshall, C.P.h1. " T e: Pur astng Agent Approved: J. Marshall, C.P.M. T hasing Ag ent "t'-piourcc r r t f I . I I I I I I I 1 RID 1 1 4818 I MATSON I NODLIN I VETO I JIM LEA I HUNTER I 1.7.,$ 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 ,J } ti tin C!5r lion CITY of DENTON, TEXAS Civic Center/ 321 E. McKinnoyl Denton, TX 70201 ~C r 'r 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 . ,7 W MEN02382 ; E70 Denton Parks end Rscrsotlon Denton, rexes (e f 7) 566-8 ,r r' 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~ I I.......................... 1............................... I............ I- I---- I............ I............I------------ 1.......... .1.... 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 9 I ---________f_________ _I_____ I t _I I, , 1 ! I f I S I I 1 I I I I I I 1 I I i I I I I i I'. I t I i 1 I 1 1 I I I 1 I; 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 I I I 1 I I 1 I I I I ! I 1 1 r I l I I I I 1 I 1 I I i I (RACKET I 1 19" 1 2.661 1 049 1 1.219 1 1.661 1 1 1.921 1 1.9211 2.611 1 2.121 1 F 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 ~ } I I I I I I 1 1 f t ! I 1 i I I 1 1 i I 1 i 1 1 1 I T~ I WIRE MANUFACTURER I SUPERIOR I CLIFFORD 1 199EN 1 SEVERAL I ESSEX 1 ! ESSEX I GENERAL I ESSEX I [SRI 14 1 S I I 1 I I t 1 1 I I I I f T 1 i I I t I 1 1 I 1 I i I I I I 1 1 I I I 1 I I f 1 1 t I 1 1 I T I I 1 i I I ! 1 I I 1 I , I ! I I 1 I 1 T I I ( I I I s I I I ! I I I I I I I~ . s M .Tao.. • s "~cy'[~'.M1~dq9M61►'N-F'~" S arS,:~,Y y y''y ,l 7 i. t il t I 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 A :J 4j f f~ I~ f t i I I 1 I I I I tit t i 4882. I I I I 1 I I 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 ..i I t I I 1 I ACCOUNT 1 I3134582-835 1 i --•I• ° --I t ---•-----i t -I 1• i I 1 i 1 I 11M I ITEM DESCAIPiION I VENDOR 1 V[4OR I VENDOR I VENDOR I VENDOR I VENDOR i VENDOR I 1 _t ..............I-° .I t _..I - I I I I t I t t 1 I t I I I 1 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 i I I 1 FOB I ship Point I Denton 1 Denton I Denton i Denton i i I I I 1 I I I I i Delivery 1 14.21 dy 1 11.14 dy 1 61 dy 1 56•71 dy 1 6-8 el I I I j t I I I I I I . I I t I ; t I i I I I I 1 I i I I I 1 I I I I I I I I I I I I I t I t I I 1 1 I I t ; I I I I I I = 1 1 I I ~ I 1 I I t 1 I 1 X J S yp } e , k 1`I i t ~h a i I i i 1 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 r, ti t 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 ,r I 1 T i 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 r i 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 : I t 1 I 1 I s I I 1 # •''I I I 1 I 1 t I ! f 1 I 11 1 1 1 t I I 1 ! 4 d~ f 'I R . i+i 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 $83,026.00. SUMMASY: This bid was sent to twenty-two vendors. We received only one 673 cs mown. We have In our estimate and evaluation considered this bid, his past performance, the fact that he has been very competitive and has completed this type of work before. We feel by contacting some of these vendors that they have contracts In progrers or that they do not desire this type of work. We then recommend this competitive bid be accepted. : 8JIC1I6ROUND: Tabulation sheet i Memorandum from CDBG MVA, Qf,FMTfM OR GROUPS AFFECTED: CDBG Funds approved for this project the Income from the apartments and the pubile. FISCAL IIVACTs Thai* is no additional Impact on the Generol Fund. i Respect Ily submitted: s ~v Lloy V. Harrell City Manager Prepared by: . ors hal , C.P.M. 1 tl e. urehaaing Agent Approved: a = n J. arsholl, .P. . rs~ Purchosino Aaent r , l I I I 1 rI I I I I I I S D I 14811 I t I I I I , I I Z I i 1lD TITLE PHOENII _APAIinNiS PHASE 3......1 LANDMARK I I I I I i .................................................I Co. I I I I I DPEAE9 DUNE 31, 1955 1 t I t 1 I ij I I 1 I I 1 RCCOUNI 1.._....0./.1.8. t 5..............t.............. 1... _..........I I.............. 1.._......... j I I t I 1 I I ` j$ 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' 1'! II i T ~ ~ T 4 V 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- sa l thr dt a f §r I 4 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 { 1 N I I. 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 ' I I I I I I S 1 ~ I I ! f I ! f I a t I I I I 1 1 . T I I I I 1 1 a ! t I ! f I I I 1 I I I I I 1 I ! ! I I S I I 1 1 ! I I 1 I I 1 q 5 f 1 )m 1 4. 1 y 1 i 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 ;.I I r I I Page 2 I -;1 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) li i f k 1 V l 1 y k S599Ui1-'l f 4 i 'I I r 1 rM1 r ey I I J 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 , I 05735 I 1 1 1 ' .r 1 ly D I D Outs 14 ~N I. 1 4 9 9 5 - 1 ~c+ L9ti q ,wSs OPEN .au rPn ACCOUNT 1 , ~.i ~,l~ nrrlrl}~ ~~ur/J o x C NJ FT ION VENDOR VENDOW- f i f • i 6 i 1 F 1 i 1~y 4 4-~ Wake Itn.. Cos~nFO~ ; l~l %ozsct Look, ;x r I I e Q ~ c I 0 j O S oA o ~ Q It ~ r a 0 1 I ~ \ f J I 1 I ' I E EXHI I { Ec.~~neec:r \ C~~+`D`~1• Wcc s I NORB DAYS , 0 j mg 364 Natal Line casinos EtilirK,.~C BID 140. ` i PO NO, i SID TASULATiON SHIST -ITIK DlSCRIVI'ION QUA ITY UNIT UNIT Its TOT ! tlaccant4aa I I t°±' j- ~ 1. I Understananag LO I 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 ° I I I I /Ll I! ?U /n+7 !SO ~ I r ~ 3o, a ?c I urriaa0u, Datoucl, O o~ BL-37 I i; I I Escavotlou Protaotion r, I • I I I o p, sloam rqa I ° ' &L tacu to I .ZQYi I I I • - ' I 1 I 3 I f A-f I I_ I I! / I! I I I I I I L I I I I I I I 1 ~ I I f! / I I 1 I I 1! / I! ti P-s Y 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. 1 t 'Pi [y o' 1 ti 1 tt e 1 : I 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 u l 1 I ~ I 1 BIB 1 1 981! I I I I I I I 1 I I I I 111 TITLE MUUEARY 1 Milk XL IOUEEVARB I DICAERSOR I I I t TRAFFIC S19NAL CONDUIT.......... I CONSTRUCTION I ! i I DPENEO DULY 7 4988 1 Co. INC. I I I I 1 t 1 I I I AOCDUNi B 4344341087-87A-9115 I I I t I .I ._..t I 1............--I.............. I i 1 I I I 8 I ITY 1 ITEM DESLAIPTIOR I VEIiDOR I VENDOR I VENDOR 1 VENDOR I VENDOR I ...__..._.I .._....I--•_•---•-••-•I ..............I_...._---...--i-----°---____I { - I i I I I I I 1 1 I I I I I I I I t I. I LOT ITAAFFIC 116RA1 CHIT I il,IA5,11 I ! I 1 I I I I I I 1 1 I ~ I 1 1 I I t I ! I I t I I I 1 1 ~ I. I I I I S s'' t t 114 BOND I VE9 I I I I S t I I I ~ I I I I ! t I 1 j I I t I I I ; ; t t t I I E 1 I ! ( I I I I 1 I I . r~. I ! I I I I I I t I I I 1 I 1 I I I I I 1 I t 1 1 I I 1 1 t I 1 ! I I I I 1 1 I I ' I t t ; 1 I I 1 1 I I I I 1 I I ~ ' k: I 1 t I I I I I I I t I I I t t ` I I I I I 1 I I t I I S I 1 I I d1 iMAW.t: ~i. .j 3 t J ,i { V I I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817066.8200 MEMORANDUM I ' I r 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 1 r !r i OS73E 4 f yep s. r. I I 1 b r x' S r ~ 1 F. (7' 1~ a~. LAIL: U7/191bb ~t e 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: i 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 J i V 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 # i f I N 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 I a 1 n f~ a ;A I t IM r have Granted, Sold tad Cotkvq , and by thm prowU do Cant, Se0 AM Convey tmto tha 14A 'r 4 the City of Denton, Texas I 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) 4 ~I i i f ~i 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 I f Y 1 y 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 "l 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 , I l~ *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 i k q•{utaen at Repttdt of Gnntor. q &00 SNIDER' JR. _ _ _ I 6 1 I ~e } I ~ I k AC~LroeTSDGIISxT { 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 r Aphreluaa 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/..._._.. t tLJ.1 h r ' Nolaty Puhtlc. Team 1 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, ~ _ 'r Compute ~ Court at rte County. ' ✓ e Nei 1 of chat Covet do hereD7 certify cwt W formatted hiaNmal of w** daW a Aa._-. _ j 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, I i V~ i t { v S r AM : 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 N.,.,_..... i i - fkgly. i J ry ! RLODRDRD j ' la... d..,...,......__......_. ...,Ink,...... RnrJW In V e Thk yu44ment ~►amld be tW b%MW6t0b VYY W comely OrA far Raota RE'T'URN TOt ROGER WILKINSON CITY or Dv" ~ f i ;5 F y .r 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. i I i ~ 1 i Owi f„ . rin I 111` K- ur w or 4 { - I /N f1r 'bM y 'ID 1 K ~j y' Msl \ f E1uf.y y'9Fn•No~I y u's C1~u ~ in111 V C fata~s ~ sn "t,~lerold SniQCr,3r, j ,I " 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 E i 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, It 1 ~l x rs S I } i k 1. F j k E r DATES 07/19/88 CITY COUNCIL REPORT FORMAT t ~ TOS Mayor and members of the city council t 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 i / 'ran obb ns Executive Director for Planning and Development 2279s a' 4 i I I I~ k r, t Y 1 C 2221L E 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 ~a R f i N I i 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: r I i 7. i -y 1 r t l V (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 I I 1 Ii 1 (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 7 r I 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 t ~i I N I ! 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 d ~ 9 is 20 's I Q j i I r2 t7 4 TS 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 • 2 i Uoul a J0• ~s w a l 9 y4S• r 1 ~ 1 J l4 I APPENDIX Am 5 PARKING : LOTS la A.. 2 21 1. ~I 1 i Ep 1 609 , N`~ f Spar, 80~ No. N 0 r N NUMStR OF PARKING SPACI<S L I L[NGTN OR PARKING SAYS (2) i COMPACT PARKING SPACES I*'- cr W -d' ,j„_ o..• T ~'T'_-'T ~Y""1 • • ~ rr r nrr~n 1 I ILI i APPENDIX A- 5 PARKING = LOTS 3 ~ (3) ~e t~~ • era' s 00 A f ~ I 1 i-~ 24 04 t. cap PAMIN Ai" ,a f,' 3 J i it N 3YRFti i ~I n~ } i APPENDIX A- 5 PARKING LOTS x.o' m.0 00 c _ 2.0 f E; d C~ V , (4f CRIME LANE Lut n n N STREET Et r .r y 1 V 4 I APPENDIX A- 5 R PARKING : LOTS Mn= SIAt= D1!!A= UnVjMM I 1 0 - sa I :a' 71 - too lot- aso I 600 =sl - $00 So $01 asA over I leattia itoy MluteN l ~ 1 .OdldlM~M STORdCc ~`eDaa*orv ~R ORW THROUGH FACIUTIES Orive Thru Eacilieiaa 30 34 to as ~31 w 34 I ~ +1 M K tl I ~ b ONla/i ~ ao a ae so vo 130 vo Avow" MumtW 3t cur Arriv 10 700 370 710 i^9 VUdAj Pftk (tour t I i i I 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. r} 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. F r I f t' N I P i I Minutes April 21, 1989 Page 3 1 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. p C k k Av- I r Fl mill `v i } k t i I A j 4. e j 1 , k a~ AD ClrYof DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817) 668.8307 Office of the City Manager y f 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 i 4 t r; 4Y, 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 I i 'I * Fee only assessed if there was one false alarm in the preceding 12 months. 4140M ~r a+ rap., O FIRE DEPARTMENT 217 W. McKinney Street Denton Texas 76201 (817) 5668110 c~ `w . 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. i! ` c j 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 } .f v F' 1 / h i r:. k i F ~ r 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 i } (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 { 1 vP' (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 i N I I (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 Y i N I i 6 r 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 q PAGE 5 ~y{y{ i'• i 1 (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 F: r i d . (1) wills sound for noilonger than 30 minutessalter l being activated; or 1 "r (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 PACE 7 t<, u I k F system shall: r (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 bt 1 } 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 f 9. r 9 V 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 F' a i 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- PAGE 11 ;i i y h ®r- t I . f t ?u ;.r a a~ 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 'f k~ I I Pcge 1 VV545 i 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 .I 1 IJ 5599U:7-8 f I r } ~I 'i P c 2385L E ' 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: 1 i r 1 Itt ti 1 V I 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. a 1 I , i r r f 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. q r ti PAGE 2 "a i I I I S 12. Possession. Ths poesession of the Property shall be deliwss two 'dyir at cloning. f 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- . PAGE 3 :r 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 s i )p, f1 E 4 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. f 1111F . NOW I 4 f Isee oyset S ~ h~~wlr trJ aqv r! r0 r a r r N!l J „ ffI ~rI^} ~ w• ~w.~r W 7 l.~ I f W g q. 14, ! 15.951 ACRES 8 = r i w t ~~~OJ~• 1% do Mil/[1 I 10 P PC of N . ...1~\,~ Ofvii i iI i ~r3wur . INS N IM Ile mr , • , f \ •~411 . may; tL0"~ • , \ "'o led !r . " y I ` 3~~HeiZ 211 III u"e of f 1 l I **loop smvw- " K ■ x • ~-Sfs 39'240 W' :M~ ode 9 BOOSTER PUMP STATION SITE r SCALE: 1% 1000 I ~ 8-2 0 Sy ti`y Elizabeth m Vaughn t t m o~ o a ao N a 0 0 w 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. FI >J p P&Z Minutes July 131 1998 D R A F Page 6 R 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). i j .Y k~ i' N j •G. 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. r SLPvi MY t 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. F I 1911L 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: G; 4 1,, r i r Sy[~' y I I E 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 n I I 1 i 1 3 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 I. ti 3 I f 1 o.,~. U '.t_ EXHL .(Page r ,j 1 . i~r~ tir ~P- l WEA nll f~ t .r ` ' ` I r 1 ~ ter` s . ~F , 1~/7\ilV.+`.M.. ~ ~~t\ 0'••~ •1\;Nl, ~ r `-a ^•~rl.y~~~../'-~.~ r ~••il~~ ~+V.`~f! ' ' ICJ// .~r .T.•• L t ' ■11~ 1• fr' • ~(f PawM rf ~ III ' . '10 ;,G J 9RAIOS~S9'KV p1RAtfON. )TRANS ISIS/ON f~f/NE ~O p~ •I'•'I i' f •e• 111-k~..n1. i \,,e ~1 , 1/'j+' 1 I r 11 I ~ 1 / ~~'yr•w 4. I a ; ,'y, }"t no 640 All Ol, 4• 1' F .j • L 1i 00 40 , XL, /7OT f • rdrl il+l Arl..w , . r r. .I a•, nA mafr In Y1 FlrFyl W414 Iq 7 Ill IM ^r ru.nif •fIh I r J;~IWI."Z. r` ~ ~ -'e. 1 /I"LL>,+:4(h .g ~"'"-1' ✓-~`_~hZ~f~yW~ r , J tO1 S GEC ~ ~ . R, ~ - _ l ~I 1~ A ~ I 1'- 1 ► + a r a' , - Suss ' }i,or(~ ~ cullfll.,U U. Sf1 l'Uµl', lUl . N ' I _Z i= C• ~ T~ , - f ~ J r• ~ 1 • i• • • ~^f i~! 1 n~. lk. y \ 0• I ~*'~'s Y _ ~ ~y_ ail ~ ~ f~ • ti ' . n ~ op er CmIor►J 1 ~ 1 ti C P l(,1~ , , IG,AfI11 C11Amtnt .npl ' ~ 'Gt~'~ I rJ ' 'fr,f1 . ~ 1 L+• ~ 4 r1+ . 00 L,I' ~ 1 11 u••• • ~ CK" IT ..J vJl I~ , , 10 I 'i t ~ t • ( t { y I 4 4 I. I 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 J w N i 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 1 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 I f d ~V~ Sri'.'" t ~I ~ r-... "+a EXFi~9 `t"A~ .(psge~ of ~ • r... ~~DE1Vi'a~Q~}plEq ~L :1 r. +.:~r;.i Jr 00 7 1 1•{ . ` ~1.. i r'- : i 711' ' r. 1i J r.+''tr• 7;~ •a. Yr j-` ~-.a ~ ~ • r: l~' • • ~ \ `r --_ya-~~~^~~,~` . 1 _ II .+_y .,y_ t. •fdl• •q•~ v~~ \ :ice I -r • 1 ~^-4 .t n ^li Ise fJ , r rY ~ L~'1 C L I _ . _ -jam . 04 1~1 ?L ;,tJ 8RAi0S e8'XV,OEhERA T10N.d TRANSItJS~SION LINE aw' •.1. - • M...._. j ~~j I ti' • 11,. , 1 ~ , t rao , Mr. R t rrr i t 1 7 7 + ~ ;r~ a .'h _ d' -fur u 7t •1jr ~ I, •J , it. .J _I' n li 1/ :Y~~G¢ ~ Ir• 4~. lO I f.~ • CAW h• Arnwry. 7•// . r \tNJ(' I7otlp qr nfa na ru• 111 • 1 f •i: _ • I.. 'r.~'. •J{ dJ milled "'0" .•A. . 'll 1 u/ iu ~.r-,....J •f HI r r . r i v -v, 'IJ• m \ • _ IJJ I)..r~ Ali ,Q / ~~~•i y \ Y J L4Jf 1 \05 - _ 1 p _ I 000 lirrl•cl., l1 V f'{ 10µ1•, IW% 1 V }1 r ( f...i J f of ~ '~J ZJ I`r • Y r 'V r• f.~ 1 r. , t. r i.7 / ~ V • •y.• `1 \ y iii I.; IF ` 1 11111 ~ ~ 1 _ ~~.R I , ~ C ~C r'~ Clef \ \ Cf _ , 1t . . 1 U Y , ~aV• y • C~~ p ter-. _ `(/\Jy'.^. a.JL• ' ^Cy^ 'YS. 16r)r Jr'•dl 'i 'i ti~ Copper CailyorsJ~ ~ ~ °15 \ Ir • ~ Ir! ^ G1p/1N CX1111 InDI • ~u 1' Y~ I (/~M.~\` w 1, •'1 .IJ C . }I • y . ~,1 I•!✓ r ~ ~1.'..+-+: ~ A~ • Jl y _ ~ ~ ~ ~c 117 I ^ ~ . I _ J • _ ~ it ~ _~m~ r, ! , / f5 ry",\ \ ~ Iv1 i N•f .I • 7anM ♦y 1 L 1 111 ' \ • 1 ' 1 Alt 1 1 a. 1. • 0 1 , fj\ Y. 1 1 ~ I J 1 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 r Jolla Wiw- tLLIYTIYY YlCg MIATDW I 41INSIA6 NANACI4 f V 6 1 r'~ ~ r 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 ' m ' Ortlomomms" f t r ! i t i I r 1 C^' 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. I 1 1 I 1 141 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 ll I I i 1 r r l' I I 6 I I 1 i i f t 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" 'A 7 {~tl 7 t a: i , 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 E .r W I N ! 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 I~ y a I s 1 , \9i n• ;l it f + li YMj ' F~1 T• 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 i t fo 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!..... 4d r t r. sY t 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 i r. W- Wqmpw"qqpp,.W- ~o 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 i r t' w Y n ~ M z v~I ti n 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 a Q, , is I 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:~ 4 4 y l # f K I 1 Ir { EXHIBIT "All F t . 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 b~ WARRANTY DEED, Page one `i I 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 +o-:5 i 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 3 •r 1 ?I s r i N r 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. h V E t, 1 :a :ao "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. I_ r r Holder Of 'be now srlnowkddts ka pay Into end rekun dm property from dd Ika. WheatAe<oatrertquitn.+iyulunouneadpronouminetudedwplurel. I' y F Y^ t j Wr r. i r , s IL JAL T b Y J r t u'r' ~ 1 i I P. k F h I 2413L i i 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. a i 1 f f 1 C R, ki Ry (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. ~ f ATTEST: 2NNIFER ALTERS, CI SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 4 ti an I r; t e f , t r N J T - - q 2411E ~f' of NO. y 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 4 i i i' I C I 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 r t f rr i i known or unknown and whether heretofore asserted or not, owned or possessed by any of said Plaintiffs against Gary Moors, his P 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 w ~v ♦f i 1 1g` t person, appearing by and through his guardian ad litea have u 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. 4 t lp S' I 0 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. V I ~r A 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 I, 4 N - - - s Now, }p t' V rr d I' ~y ,r k~ : 1 1 s! S 1 ,a i 11 I 1 ~r c" , c r I T ~ a~ 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, i BACKGROUNDS i t 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 1 FISCAL IMPACTt City services are available In the area including water, The fiscal impact at this time is minimal. Prepared byt a 4CY Manager l ~ShuE)v~~ ana ger Cecile rarson Urban Planner APp ovedt An . ob no Executive Director for Planning and Development 2251. i ,r F i ' I i N i 2388L t 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: ~4-- x 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 t . i 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 1 a r' i I N 2388L i F I ti 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 I A-56 t, i 't 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 i 1 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 Y Q 4 ,1 f V ' ANNEXATION ARd i 1 11 , ~ t~ V 1 Ifa sits- 11 11 11 11 jj ~ 11 yryrylylsl.:~J K ~ 1 I i V a t s; • ~ I (i E k a COO) 1 I~ 3 tt~ ` S j~ j - 1~ j i I 11 I 1 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, I t I N Page 2 r 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 g E P a , F 5599W S-4 A 1 i 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 i T 4 as 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 r e-establish an ECA that collects or returns such difference over the shallrbe appliedoevenly to the fiscal all year. Such monthst ECAchange in ECA PAGE 36 ~I a J . t I A C w I l 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 I1~ 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. I CI\ETC\ELECT\ECA.WR1 i, 1.yry>1/ ,R 1 I F 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. i 1 I e h S i LID= i f TT= 1 a J~l N r , f 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 • l f Ma Ro rt K. Ticknor TITLE Superintendent of Parks TITLE i ,i, t' 2405L 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. 1 V r 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. I F: ATTESTi JENNI, E REZAFLY °.R WALTERS-,-CfT-T- APPROVED AS TO FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY n~ BY. 1 { V 1 t V j p 101 ~T< ✓ V xr t' ` 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 r 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 2G~• Qi -~4re-mye-r on Gregory, o r M er 4tc #er ne 4ee Bo1 i i f r I 1. I I I ' I I 1 r I ICI 1 y Dentor a S D. ' l l I I I x'; I i I I I ,1 1 1 ~ Sf i 1 I 11 1 I r'A b , :`J' as =i•_. ® 1 I - ® I EVERS PARK .YpA, elf'... s r .t; x[ .1 t f j I 1 1 rk fi ) k w Y t~ r 1 { f S V M 114 IFT-T-T-M A II( 1 1 3AO, 2295L , r i r; f I1`r RESOLUTION NO. t 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. ~i Y, f .`r i ~ i rompup+-w I N ii 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: t JENNIFER WALTERSO CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: .tgL k _ i l M` 1 i I ' - 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 t 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, ~ r [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. ' f it A 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 { °yi F 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 3 f j p ,I i k 1 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, 9 P 9 w 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. I , I 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. F k t y .c a 2242s 'R~ I 1 y I y 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 i 1 !M i i V 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 i Attachments 27721 1Y F g' Y :y 1 V 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, ~I L~ y P i ~ t ~ r w 2296L SECURITY AGREEMENT i 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 ~ s 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 `r✓ 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, i 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. , 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. 3 ,r'', _ r,- y 4 I 4 i I 3 i i 3 4 l .9 I ~.j .i