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HomeMy WebLinkAbout08-16-1988 i I AGENDA CITY OF OENTON CITY CUUNCI:, August 16, 1988 Work Session of the City of Denton City Council on Tuesday, August 16, 1988, at 5:30 p.m. in the Civil Defense Room of City Hall at which the following items will be considered: Note: Any item listed on the Age.,da for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 p.m. 1. Hold a discussion of ad valorem taxes and budget issues for the 1988-89 budget year. 2. Utility budget presentation for fiscal year 1988-89. 3. Executive Session: j A. Legal Matters Under Sec. 2(eArt. 6252-17 V.A.r.S. r 1. Maverick vs. City, County of Denton vs. City of7enton. ' 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 nominations for a Denton representative to the National organization on Disability. 2. Consider an appointment to the Parks and Recreation Board. a Regular Meeting of the City of Denton City Council on Tuesday, August 16, 19889 at 7:00 p.m. in the Council Chambers of City Hall at which the following items will be considered: r i r 7:00 p.m. r. 1. Consider approval of a request from the Camp Fire Association to hang a banner at Locust Street and McKinney Street from August 29 - September 16 announcing their annual membership drive. T T- - . T r t!~1~i 4t4 City of Denton City Council Agenda August 16, 1988 a ~ Page 2 2. Public Hearings A. Petition of Dale Irwin requestin a change in zoning from the multi-family &F-2) to the eneral retail (GR) zoning district at 1507 Eagle Drive. The property is located at the southeast corner of Eagle Drive and Collier Street and more fully described as being in the E. Puchalski Survey, Abstract No. 996. If approved, the property may be utilized for any uses allowed in the general retail zoning classification. Z-88-009. (The Planning and Zoning Commission recommends approval.) + 1. Adoption of an ordinance approving a change in zoning from the multi-family (MF-2) to the general retail (GR) zoning district at 1507 Eagle Drive. B. Proposed annexation of 20.8309 acres being part of the J. Dickson Survey, Abstract No. 342, and the A. Cannon Survey, Abstract No. 232 and located at FM 2181 and Old Alton Road. (A-50 3, Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Urdinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Item 4.A). phis listing is provided on the Consent Agenda to allow Council Members to discuss any item ,j prior to approval of the ordinance. A. Bids and Purchase Orders: 10 Bid 19883 - Lease/Purchase Refuse Equipment 4. Ordinances E A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. i 4 i.' I ti City of Denton City Council Agenda August 16, 1988 A Page 3 r , B. Consider adoption of an ordinance approving an ` agreement between the City of Denton, Strata h Properties, Inc. and Dan C. Coffey and Jeff Robb, Attorneys-at-Law, authorizing said attorneys to act on behalf of the City of Denton to institute and complete condemnation proceedings to acquire a drainage easement. C. Consider adoption of an ordinance granting a franchise to Acme Brick Company for the purpose of maintaininS and operating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for a franchise fee; and providing for the regulation of the construction, reconstruction, maintenance, and use thereof, 5, Resolutions A. Consider approval of a resolution authorizing the acquisition of a stormwater drainage easement. (See Ordinance Q.B,) B. Consider approval of a resolution appointing Roland Vela to the Board of Directors of the Texas Municipal Power Agency. C. Consider approval of a resolution approving the raised median design and ralated traffic control measures of Teasley Lane. D. Consider approval of a resolution appointing bill Utter as the City of Denton representative to the Regional Transportation Council of the North i' Central Texas Council of Governments. E. Consider approval of a resolution authorizing the Mayor to execute a sec+irity agreement on behalf of MBank relating to the lease between the City and First Financial Resources, Inc. (The Airport Advisory Board recommends approval.) 6, Consider the appointment of the Denton Central Appraisal District Chief Appraiser as the r representative for the City of Denton to calculate and I publish the City's effective and rollback tax rates. 7. Consider approval of the certified collection rate for the City of Denton for the 1987.88 fiscal year and the anticipated 1988.89 fiscal year as 1001 respectively. 4 I, I i Pity of Denton City Council Age:ida August 16, 1988 Page 4 8, Accept the fDied istrictaifor s lthe 11988`89 b dgetDeyear Central Appraisal raisal1 assessed, and taxable values showing total appand the total taxable value of new of all property property. Miscellaneous matters from the City Manager 9. A. Submission effective tax rate and rollback for publication. 10. Official Action on Executive Session Items: A. Legal 'clatters . B. Real Estate personnel C. Board Appointments D. 11. New Business: This item provides a section or Council Members to ; suggest items for future agendass 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. t B, Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. II C. Personnel/Board Appointments Under Sec. 2(9)1 Art 6252.17 V.A.T.S. C E R T I F I C A T E 1 certify that the above notice of meeting was posted on th in boa t the Cit Hall f the City --'clock ' bullet ~ day of LC~Z~ 1988 at o 3 on the .m. ~ 2963C I I ,E 1 AGENDA CITY OF DENTON CITY COUNCIL } August 16, 1988 Work Session of the City of Denton City Council on Tuesday, August 16, 1988, at 5:30 p.m. in the Civil Defense Room of City !tt Hall at which the following items will be considered: f 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. Hold a discussion of ad valorem taxes and budget issues for the 1988-89 budget year. ti-•~ 2. Utility budget presentation for fiscal vear 1988-89. 3. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 62S2-17 V.A.T.S. 1. Maverick vs. City, County of Denton vs. City Srt_ o=entoon B. Real Estate Under Sec. 2(EArt. 6252-17 V,A.T.S. 1 C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. s: a 1. Consider nominations for a Denton representative to the National Organization on Disability. 2. Consider an appointment to the Parks and Recreation Board, Regular Meeting of the City of Denton City Council on Tuesday, August 16, 1988, 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. s. 1. Consider approval of a request from the Camp Fire Association ptovhangf a abanner sat fLocustheStreet Eand ~'cXinney Street from August 29 - September 16 announcing their annual membership drive. ~i i i II 1 J _J i f 0 r City of Denton City Council Agenda I August 16, 1988 Page 2 2. Public Hearings A. Petition of Dale Irwin requestingg a change in ` zo,ting from the multi-family (MF-2) to the general retail (GR) zoning district at 1507 Eagle . Drive, The property is located at the southeast corner of Eagle Drive and Collier Street and more fully described as being in the E. Puchalski Survey, Abstract No. 996. If approved, the h, property may be utilized for any uses allowed in the general retail zoning classification. Z-88-009, (The Planning and Zoning Commission u recommends approval.) 1. Adoption of an ordinance approving a change in zoning from the multi-family (MF-2) to the general retail (GR) zoning district at 1507 Eagle Drive. B. Proposed annexation of 20.2309 acres being part of the J. Dickson Survey, Abstract No. 342, and the A. Cannon Survey, Abstract No. 232 and located at FM 2181 and Old Alton Road, (A-56S 3. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the R ordinances (Agenda item 4.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders. 14 Bid 09893 - Lease/Purchase Refuse Equipment i 4. Ordinances A. Consider adoption of an ordinance accepting competitive bids and pro%iding for the award of contracts for the purchase of materials, equipment, supplies or services. w i City of Denton City Council Agenda August 16, 1988 Page 3 B. Consider adoption of an ordinance approving an agreement bets -r: the City of Denton, Strata 1 Properties, Inc, and Dan C. Coffey and Jeff Robb, Attorneys-at-Law, authorizing said attorneys to act on behalf of the City of Denton to institute and complete condemnation proceedings to acquire f a drainage easement. C. Consider adoption of an ordinance granting a franchise to Acme Brick Company for the purpose I of maintaining and operating a natural gas I pipeline within the public right-of-way of the J City of Denton, Texas; providing for a franchise j fee; and providing for the regulation of the construction, reconstruction, maintenance, and :M -:se thereof. S. Resolutions A. Consider approval of a resolution authorizing the j acquisition of a stormwater drainage easement. (See Ordinance 4.8.) B. Consider approval of a resolution appointing Roland Vela to the Board of Directors of the Texas Municipal Power Agency. C. Consider approval of a resolution approving the I raised median design and related traffic control ! measures of Teasley Lane. D. Consider approval of a resolution appointing Bill U'ter as the City of Denton representative to the Regional Transportation Council of the North Central Texas Council of Governments. B. Consider approval of a resolution authorizing the Mayor to execute a security agreement on behalf of MBank relating to the lease between the City and First Financial Resources, Inc, (The Airport Advisory Board recommends approval.) 6. Consider the ap ointment of the Denton Central ApprAisal District Chief Appraiser as the representative for the City of Denton to calculate and i publish the City's effective and rollback tax rates. 7. Consider approval of the certified collection rate for the City of Denton for the 1987.88 fiscal year and the i anticipated 1988-89 fiscal year as 1001 respectively. City of Denton City Council Agenda E August 16, 1988 Page 4 j 1 { 8. Accept the certified appraisal roll from the Denton Central Appraisal District for the 1988-89 budget year showing total appraisal, assessed, and taxable values of all property and the total taxable value of new property. 9. Miscellaneous matters from the City Manager A. Submission of the effective tax rate and rollback for publication, 10. Official Action on Executive Session Items: 1 01 0A. Legal Matters B. Real Estate 4 C. Personnel U, Board Appointments ll. New Business: i This item provides a section for Council Members to ? suggest Items for future agendas. rrJ 12, lxecutive Session: I-A A. Legal Matters Under Sec. 2(e), Art. 6252.17 1 A.T.S. i t'. B, Real Estate Under Sec. 2(f), Art. 6252-17 E V.A.T.S. f C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. r C E R T I P I C A 7' E 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1988 at o'clock (Rams) p,m. ` I Y,! 1 CITY SECRhTWRY 2963C i J 1 T ~ 1 ;r; r i i L.U i I } f ; J t f f 30 CITyolpENTON,TLEx'AS MUNKiPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8100 ` MEMORANDUM T0: Honorable Mayor and Members of City Council FROM: Lloyd Y. Harrell, City Manager g DATE: August 9, 1988 I SUBJECT: UPDATE TO MAJOR BUDGET ISSUES REPORT { it •r The purpose of this memorandum is to update Council on the Ma or %l et Issuer sReport and the PrdDOSed Budoet for 1988-89 that were submitted to you earlier. The memorandum is necessary because of the budgetary impact of the change in !property tax valuation from the preliminary tax roll to the ~ certified tax roll and the necessity for publishing our debt service portion of our levy within the next few days. The total valuation of the preliminary tax roll, as submitted by the a Denton Central Appraisal District, was $2,278,350,910. The Ma or Issues 1 R_eporL and the Proposed Budoet assumed a $45,667,019 - adjustment to this • preliminary roll, bringing the net valuation to $2,232,783,891. This estimate I was based on historical adjustments of approximately two percen+, from the preliminary roll to the certified roll. In addition, the appraisal district staff, on several occasions, had ad 1 ~ Indicated that ha ~ t number appeals appeared js to be no greater than in prior years. However, in anticipation of additional appeals and valuation reductions, an additional $112,000 of tax revenue was set aside in the proposed budget. i f, Memo to The 8oncrable Mayor and Council Members August 9, 1988 i Page 2 ii The final certified roll from the Central Appraisal District was 52,11469901085*0 which was a 7,17 percent decrease in value from the preliminary roll, final certified roll value only increased 2.78% from the prior year; whereas, over the past five years, the average annual increase has been 15,31%. Based on the assumptions made in the proposed budget, the new valuations would impact tax revenues by $677,000, Allowing for the $112,000 that was programmed into the budget, the net affect on the budget is a $565,000 shortfall if the ad valorem tax rate stays at $.5928 per $100 valuation as was suggested in our earlier reports. The alternatives for dealing with the decreased projected tax revenues are: 1. The first alternative would be to retain the current allocation between debt payments ($.2317) and operations ($,3611) and raise the tax rate above the $,5928 per $100 valuation to cover our shortfall. Each additional one cent Increase in the tax rate woulc provide approximately $205,000 of revenue. Therefore, an additional $.0275 would be needed to provide $565,000 worth of f revenue. This would bring the total tax rate to $,6203. With the decrease In certified role values, the effective tax rate Is $,587u per $100 valuation, State law requires a public hearing I if the tax rate exceeds a three percent increase over the effective rate, Three percent over the effective rate is t„ < $.6046, Therefore, if the rate was raised to $,6203, the j effective tax rate would be exceeded by 5,67% and o ` public hearing would be required. This rate of $,6203 would still be substantially below the rollback rate of $,6606, I i *Excludes $12,000,000 to $14,000,000 still under irotest some or all of which could be added to the certified roil. It r Memu to The Honorable Mayor and Council Members August 9, 1988 Page 3 2. The second alternative would be to retain the current allocation between debt payments ($,2317) and operations ($.3611) and { increase revenues from other areas in the budget or reduce expenditures to cover the shortfall, If additional expenditures were reduced, either individual line item reductions or total package/program eliminations would be necessary to address the $565,000. In the proposed 196h-d9 budget, $9800637 of f restoration packages and $1,292,249 of new packages were provided. Attbched as Exhibit A is a listing of those packages, 3. The third alternative would be to reallocate the amount of tax revenues generated by a $.5928 levy between general obligation S debt service payments and general fund operations, Because of the sloe growth in new property valuations, a large percentage of the ad valorem tax revenues was programmed in the preliminary budget to meet debt service requirements and still maintain the $,5926 levy, If the allocation of tax revenue was restructured, keeping the debt service portion constant at about the 1987.68 level, and utilizing the debt service fund balance to meet current payments, additional operatir,n and maintenance budget funds would be available. In the proposed 1968.69 budget, $,2317 of the $,6928 tax rate wus allocated to meet debt service requirements. Based on projections using a historical five year average growth rate of $212,323,000 per year of additional valuation, and calculating any new debt Interest cost at eight percent, a level debt service amount of $,2165 per $100 valuation could be maintained over a seven year projection (see Exhibit 8), In fiscal year 1988-89, { if the debt service portion of the ad valorem tax rate is set at $.2165, then $575,000 would be utilized from the fund balance of r the General Debt Service Fund to meet debt payments. This would also allow the overall tax rate to remain at $.5928 with no impact on the General Fund operating budget, A $,5920 tax rate would represent a one percent increase from the effective rate. i i i `r n ~f Memo to The Honorable Mayor and Council Members August 9, 1988 Page 4 I # Recommendation: Staff recommends that the debt service portion of the ad ~F valorem tax be published at a rate of S.2165 per $100 valuation, This decision would require the City to utilize $515,000 from the debt service reserve fund to meet 1988-89 debt payments. Nevertheless, normal growth I should allow future year debt payments to be met. However, it should be noted i that if future year tax valuations do not increase at the projected rate, or if future year interest costs are above the eight percent limit, the potential E for postponing future year bond sales or increasing the amount of property tax " revenues allocated for debt service may be necessary, 1 If you have any questions, or reed any additional information, please advise. oy arre LVH:JFMcG:af +t Attachments t 3676F c i 1 a r i E J 1 1 A. f d i 1 RANKING OF SUPPLEMENTAL PACKAGES GENERAL FUND TODAYS DATE 09-Aug-88 STATUS: FINAL RANKING BUDFIN69 CUMULATIVE INPUT PACKAGE DEPARTMENT/ DEP/DIV STATUS SUPPL PCKGE TOTAL ORDER TITLE DIVISION CODE CODE AMOUNT W/TRNNS ttt ti itf iftttftttttif tf if ttiR of U it„f ti iif tiff ftfffit ff littlffit fliff iftfit PROJECTED REVENUE t CURRENT FUNDING 22,452,008 52 1 RESTORE PARTIME DATA PR DP/WP R 10,401 9,049 90 3 OVERTIME DATA PR DP/WP R 1,500 1,305 25 1 Printing budget 4 CAFR FINANCE F/ADM R 8,826 5,859 23 2 restore clerk FINANCE F/CS R 17,974 0 30 3 MC/ restore clerk FINANCE F/MC R 14,955 14,955 21 4 Purch. services FINANCE F/PUR R 2,630 1,330 ` 18 PORCH-SERVICES RESTORED FINANCE F/PUR R 10,250 5,181 f f 24 5 Trees/ overtime,travel FINANCE F/TREAS A 3,440 630 is 3 SERVICE REDUCTION FIRE F/A R 3,762 3,162 7 5 AMBULANCE -TYPE 1 FIRE F/E R 22,575 22,575 125 25 EMS REPL. EOMPT. FIRE F/E R 20,000 20,000 110 12 BRONCO DECK PIPE FIRE F/0 R 21500 2,500 64 7 GENERATOR SETS FIRE F/D R 4,500 4,E90 16 6 SCBA / SPARE TANKS FIRE F/0 R 23,950 23,950 14 1 RESTORE 9 FIRE FIGHTERS FIRE F/0 R 315,598 315,598 82 8 HOSE AND NOZZLES FIRE F10 R 30,649 30,649 26 1 SERVICES JUD MC/JDGE R 4,471 4,171 1 4 SPECIAL SERVICES LEGAL ADM R 5,000 3,848 3 6 PERSONAL SEA./OVERTIME LEGAL ADM R 1,290 993 12 5 TRAVEL APPA M EC) LEGAL ADM R 990 0 25 1 REF SPEC SER. - ADULT LIBRARY L/AS R 11,270 11,270 i 1 108 2 PRG14 CMILDAEN YTH SER LIBRARY L/YS R 21,357 21,351 46 1 SER'ICES RESTORATION MS ED R 6,943 6,943 94 3 SERVICES MS OA R 4,894 4,894 5 S AFFIRM. ACTION RECRUITMENPERS ADM R 4,850 3,077 21 1 BASIC MAINTENANCE PKS/REC B/OPR R 23,497 19,292 50 1 ADMINISTRATIVE SEA. PKS/REC PR/A R 12,594 12,694 ! 33 3 CHN 4 FEAT PROGRAM PKS/REC PR/P R 22,143 22,743 72 5 ATHLETIC FIELD MAINT. PKS/REC PR/P A 18,000 18,000 43 32 REPLACEMENT/RIO 13760 PKS/REC PR/P R 61951 6,957 31 9 BOTAN. 4 BEAUT. SUPPLIES PKS/REC PR/P A 3,238 31236 11 7 A/W BEAUT. EOMT. OPR. PKS/REC PR/p A 14,540 14,640 ~y 76 1S REPLACEMENT OF RIG 13800 PKS/REC PR/P R 4,651 4,651 r1 39 16 REPLACEMENT OF RIG 13790 PKS/REC PR/P A 3,701 3,101 y 20 18 YOUTH ATHLETIC OFFICIALS PKS/REC PR/R R 15,500 15,500 6 11 FAC MRS CUT BACK LST YR PKS/REC PR/R R 31200 3,200 1•?'' 32 4 SWIM. POOL MRS OF OPR. PKS/REC PR/R R 12,095 12,095 4 6 AEC CTR SUP. ML KING RC PKS/REC PR/R R 31,444 31,444 24 17 KID MINI CMP F MOORE PK PKS/REC PR/A R 6,835 6,835 27 2 FAC MR OPR CUTBACK YR PX9/REC PR/R R 17,718 17,776 17 3 CAPITAL EXPENDITURES POL P/ADM R 51,000 51,000 16 2 CAPITAL EXPENDITURES POL P/CID R 6,089 6,089 9 4 CAPITAL £XPENDITUAES POL P/PAT R 5,920 5,920 3 1 FOUR PATROL OFFICERS POL P/PAT A 114,840 114,640 I i~ , RANKING OF SUPPLEMENTAL PACKAGES GENERAL FUND TOOAYS DATE 09-Aug-68 STATUS; FINAL RANKING BUDFIN69 CUMULATIVE INPUT PACKAGE 9EPARTMENT/ DEP/DIV STATUS SUPPL PCKGE TOTAL ORDER TITLE DIVISION CODE CODE AMOUNT W/TRANS I U ltt ftff UiRtiYttft tftYttift ltf i!!•ltt! tlRitt• Rtltti! •4ltitiiip !t!!!ltttlt ' 2 1 RESTORATION CLK/TYPIST PUB WKS PW/AD R 6,426 4,767 I 2 7 PLANS EXAMINER PUB WKS PW/BI R 19,964 19,964 49 21 MOTORGRADER PUB WKS PW/SC R 34,889 34,669 i 4 14 MAINTENANCE WORKER PUB WKS PW/SP R 19,137 19,137 31 3 SIGNS,PAV MKGS,TRFC LTS PUB WKS PW/TR R 11,885 11,685 22 4 VEHICLE MAINTENANCE PUB WKS PW/TR R 2,000 21000 i TOTAL COST NET OF TRANS i TOTAL RESTORATIONS 1,020,179 980,537 II a. i 29 7 CRT FOR WATER OATA PR DP/CP N 11036 0 36 19 CAT'S FOR PURCHASING DATA PR DP/OP N 3,108 1,572 y 36 2 SHARED PRINTER DATA PR DP/WP N 7,845 61825 13 6 Acct/UtilitISS Coat Aect FINANCE F/ACC N 46,132 0 34 12 IBM PC FOR ACCOUNTING FINANCE F/ACC N 4,070 2,385 MAINFRAME TO PC COFTWARE DATA PR DP/DP N 8,500 4,981 25 5 IBM PC FOR FINANCE FINANCE F/ACM N 4,570 3,923 b0 9 Adm. Senior Secretary FINANCE F/ACM N SBO 498 B 12 CS/2 microcomputers FINANCE F/CS N 12,000 0 28 15 WANG PC FOR COST, SEA. FINANCE F/C9 N 8,532 0 32 5 IBM PC FOR COST. $ER FINANCE F/CS N 41070 (0) 68 11 MC/ Ct clerk reclass FINANCE F/MC N 0 0 70 10 MC/ 2 addl C-5 clerks FINANCE FMC N 18,416 18,416 1 41 SALARY ADJUSTMENT FINANCE F/MISC N 560,300 680,300 46 BUDGET ANALYST FINANCE F/TAEAS N 27,542 6,645 47 11 IBM PC FOR FIRE DEPT FIRE F/A N 4,070 4,070 !E 9 2 SPECIAL SERVICES FIRE F/A N 15,000 15,000 55 4 FIRE FIGHTER FIRE F/0 N 24,426 24,426 45 1 SECRETARY GEN GOVT CMO N 3,100 2,272 16 2 ALTERNATE JUDGE JUDGE MC/QDGE N 3,181 3,181 17 3 SUPPLIES JUDGE MC/JDGE N 700 700 54 1 SENIOR SECRETARY LEGAL ADM N 11,870 7,252 29 17 IBM PC FOR CITY ATTY LEGAL ADM N 4,070 3,132 37 3 SERVICES/TRAVEL LEGAL ADM N 600 462 v 11 7 PERSONAL SERVICES/TEMP, LEGAL ADM N 702 540 34 6 SKS CHILD/ 8-15 LIBRARY L/YS N 3,000 34000 40 t5 TOWARD EXCELLENCE PEAS ADM N 5,250 3,331 H 116 2 PERSL GENERALIST PEAS ADM N 9,987 4,948 > J it 9 AFFIRMATIVE ACTION PEAS ADM N 91471 6,009 67 3 AECLSIF/PEAS ALYST/TRNA PEFS AD14 N 4,803 3,048 n 136 13 IBM PC FOR PERSONNEL INS.PE4S ADM N 3,325 1,837 b 60 t RECEPTIONIST PETS ADM N 16,993 10,782 r+ ? 41 19 GEN MA1NT./ViS.ARTS BLDG PKA/REC S/OPR N 12,000 9,852 + .1 6 3 PREVENTIVE MAINT. PKS/REC B/OPR N 25,000 20,526 33 6 COST, MLK JR. RE.. CIA PKS/REC B/OPR N 12,800 10,345 19 6 MLK, JR. CIA MAINT PKS/REC B/OPA N 22,600 18,555 3S it FIAE STN. AIR CONOIT. PKS/REC B/OPR N 11,000 131958 n 1 N J~ i . f i RANKING OF SUPPLEMENTAL PACKAGES GENERAL FUND TODAYS GATE 09-Aug-88 STATUS: FINAL RANKING ) SUDF1N89 3 CUMULATIVE y INPUT PACKAGE DEPARTMENT/ OEP/DIV STATUS SUPPL PCKGE TOTAL ORDER TITLE DIVISION CODE CODE AMOUNT W/TRANS rrerr rrrsrrsrrrrrrsrsrrrrerrr rsrrrrrrrrr •rr+rrr srrrrrs errrrrrrsrs rererrrrrrs 20 10 LIBRARY PLUMBING PKS/REC B/OPR N 2,000 1,642 35 4 LEAD BUILDING TECH. PKS/REC B/OPR N 36,973 30,356 III` 44 35 PURCHASE TREE SPADE PKS/REC PR/P N 12,112 12,112 5 12 UT COSTS/GOLDFLO TEN CTR PKS/REC PR/R N 2,295 2,295 5 10A MLK OTHERS PKS/REC PR/R N 54,331 54,331 7 10 ML KING REC CTR MASTER PKS/REC PR/R N 53,657 53,857 19 2 FULL-TIME SR. PLANNER PLANNING PLAN N 6,000 56000 10 1 MAIN ST. PROGRAM PLANNING PLAN N 49,587 49,587 153 10 TWO 4-DR SEDANS POL P/CID N 0 0 61 8 1 C LK TYP RFT ( I POL P/CID N 64 15 POLICE CAR BAR. (CAGE) POL P/PAT N 18,956 15,958 45 6 3 CIV. JAILERS POl P/PAT N 2'770 2,770 51 11 WARRANT OFF/BAILIFF PAT POL P/PAT N 46,655 46,655 I 13 35 EXPAND ANIMAL SHELTER PUB WKS PW/AC N 28,392 28,392 18' 18,900 105 8 WP OPR. RECLASS PUB WXS PW/AD N 291 27 11 CODE ENFORCE. OFFICER PUB WKS PW/AD N 291 216 73 16 RECLASS ENGR, TECH. II PUB WKS PW/E N 19'054 1,618 53 2 FULL-TIME CLK/TYPIST PUB WKS PW/E N 1,271 1 1.208 12 16 RECLASS CIVIL ENGR. PUB WKS PW/E N 1,384 7,019 14 22 TRANSPORTATION PLANNING PUB WKS PW/TR N 792 763 28 6 TRAFFIC ENGINEER PUB WKS PW/TR N 5,000 20,000 5,000 36 40A TRAFFIC CTTRL EOIIP PUB MKS PW/TR N ,000 20,000 2499 ENVIR IMPACT STUDY FINANCE F/MISC N 20,000 20,000 h COUNTY YOUTH PROGRAM/LIB FINANCE F/MISC N 25,000 25,000 8,982 8,962 7 { TOTAL APPROVED PACKAGES 2,472,130 2,272,685 I ] i LESS! RESTORATION PACKAGES APPROVED 1,020,179 9800637 . GIVES;NEW PACKAGES APPROVED 1,451,951 1,292,219 GROSS NET OF COST TRANSFER r+ to l a "I a r I C7 F r, ~ F1 I 1 1~ w I `I1 p I f Alternative k9 1999/99 1989/90 1990191 1991192 1992193 1993194 1994/95 •u.uwu•u.u•ou.•uuuuv uao.u.vuuu.. uu.v •.vuv uuu u.uu........ 0........................ TOTAL VALUE 2, 114, 990.085 2, 127, 314.0!7 :,539,637,950 2,751.961,882 2.964,295,815 3,176.609,747 3,388,933,679 TAM RATE 0.5928 0.5928 0.5928 0.5929 0.5928 0.5928 0.5926 ` OENERAL 0.3763 0.3763 0.3763 0.3763 0.3763 0.3763 0.3763 } DEBT SERVICE 0.2165 0.2163 0.2165 0.2165 0.2165 0.2165 0.2165 1 y TOTAL TAM LEVY 9 97% 12,261.531 13. MI. 428 !4,603.325 15,824,221 17,045.1to 18,266.014 19,496,911 0 4 M REVENUE 7.719,946 8,494,732 9,269,958 10,044,964 10.919,969 11.594.975 12,369,991 ~I NOT SERVICE REVENUE 4.441.585 4,891,476 5.333.367 5,779,259 6.225,148 6.671,039 7.116.930 NET D/B FROM AD VALOREM TAMES 5,017,571 4.781,748 5,249,200 5,780.360 6.456.755 7,122,033 a 6,486,9(10 a 0/9 OVERISIIOBT) (575,906) 105,728 83.167 11.102) 1231,607) (450,994) 630,022 0/9 RALANLE 1.135,419 1.241,146 1,3.6,312 1,3:5,210 1,093.603 642.610 630,022 Aeulales eabt saln of 46.500,000 and 16,6:5,000 re%Dortlvel Y. These smounll aro provided for in the Capital Improvement Cropram but have not been approved by the voters. Nl uy i' s qk W r 1r l i V { y 3 1 f 1 if w j, , a CITY COUNCIL BUDGET WORKSHOP AND PRESENTATION TIME DISCUSSION RESPONSIBLE I Tuesday, August 16, 1988: (Civil Defense Room) 5:30 p.m. Dinner 6:00 p.m, Introduction Lloyd Y. Harrell 6:15 p.m. Utilities Bob Nelson J Tuesday, August 239 1988: (Service Center Training Room) ! 'f 5:30 p.m. Dinner 6:00 P.M. Introduction Lloyd V. Harrell 6:15 p.m. Public Works rick Svehla Community Services Bill Angelo Sanitation Bill Angelo 7:30 P.M. Police Michael Jez 8:15 P.M. Fire John Cook Saturday. August 271988: (Service Center Training Room) 8:30 a.m. Coffee and Doughnuts 8:45 a.m. Overview Lloyd 'J. Harrell 9:00 a.m. General Government David Ellison 9:20 a,m. Legal Debra Drayovitch 9:40 a,m. Planning A Community Development Contribution to Other Agencies Frank Robbins 10:00 a.m. Municipal Judge Sandra White 10:15 ax, Break 15 Minutes 10:30 a.m. Municipal Services 6 Economic Development Betty McKean 10:45 a.m. Operations Analysis Paulette Holmes 11:00 a.m. Personnel Tom Klinck 11:20 a.m. Parks A Recreation Steve Brinkman . ; Recreation Fund i 11:45 am, Building Operations Steve Brinkman 12:00 Noon Lunch 12:30 p.m. Data Processing Gary Collins Word Processing 12:50 p.m. Library Joella Orr 1:10 P.M. Finance John F. McGrane 1:30 p.m. Summary and Discussion Period John F. McGrane 3644F J/J i ~j I t 4 E, 1 i f~ 1 11 Kill]AI -I f NOAORAIS (MAI4MAN Gedal.tad NATIONAL ORGANIZATION ON fNIE(10A4 ,Aa.." d n~lid pM 4 [wd,, (AJ+a+n r~,..r. Reluede Pnid+nl FL6 Inc m 1.ledm+n All A IelAu'dm rwa r v ABUIN croswK~e<n.: Id (lerlln Mrya KAnm CT Aly,^ya A Iria.,r, nw it Pnided{ (S Calnexe d AL, on " Awnwa~,f omia 910 Sixteenth Street NON It Suite 600 • Washington, DC 20006 hntnoe^ynWl^+inme (202) 293-5960 • TDD (202) 2935960 J'r Aidu~tiiAoFtq+lr. rF, tide+, a.non,Aw'Jmei . iti ulrti•i1,Mm M.D. June 10, 1988 ememad pelpm i I ' x ; wlAlunRGa4 ; r~ N , r ~tlm~lt iwMrtAl lmlitun ~ Ia,fie Or+I 11,s~ Y CoR+, CMnAe y (norm,",nano Fu,m.pn Kod,AComwm Ray Stephens JUN I A W A_ Dw 1WQ Cnai D.n m m Mayor of Denton M Rin houe Llntnc Caparrhun low It. 215 East McKinney Street yol nNn wle L~hlaw,"rrc- Denton, TX 762010 I,= M. D0. MAMAQ RS OF ICE N NODIN arM roa~mm Pnaen( AIM At [W011M Stephens: La. ErAY' ; Pr„ae w,, Pain, A Gnr.l Dear Mr. 1u K k M g; IC.1 it has come to our attention that Gary Truitt, who was Sn. GFup OVIM114tan. IN appointed as our city1s liaison with the National ! M I p+M M1e V4 ^ A»aa Your organization on Disability, may no longer be serving. I Ikn wArxrv tc6lnr have enclosed a copy of a letter N-0-D. president, Alan >ao°M M Reich, wrote you last summer. Attached is a blue liaison A nrnn.M~mnNAGwr form with a program description on the reverse. MnA:de+n M. Mi M M JIM 0, We certainly hope that you will designate a new liaison "'arernwlunyatiq Iaw IaerlCh. with us if indeed Mr. Truitt does no longer serve. I will n,mm, Srnk,K.AK then send that person N.0 D. information and the 1988-89 L01co~o&A"IF11 Awards Application for the $20,000 cash awards competition. N.-nl A. M ° %)~mVm"w" ftlv" Enclosed is the 1986-87 Awards booklet describing the ' M^v d +'~^dK° winning communities. form, any event, please complete, sign aA. Ar~fa Won ~awnlin : We commend you and your city for demonstrating I,c" mss, commitment to citizens with disabilities. I look forward to working with your new liaison. o~°in"I N, A„~mA.ea nA aa(n Sincerely, "lDe-e(m ~ VA4M~ Lame ems d hrmgNlnll QnK la. M,1auN d 1dMll 110V TM Susan Chalfant Thomas IeNnnl Nnal NNLI is I~~rhelCk,l'nl(omm ar LlireCtOr 10M inlmWra,0Ar~,cr LY t hr.mundNua a Community Partnership Program r S ' Wn,~A! Irdr , ((rrmlrt ' i, .}r (anmuna, A-ArA PgrAm r r I'r ' V AW CNm4Nd ~ r , tarnrNPMeIA6raYCa tiff Enclosures t y~r~yleA , tfoa- p.tlded PuUrd hr,prl p i OySNoMk Ap11A V.p1t~ O.•yyNSORS , . 1Mint. I+ 6e,twn to i lni. Y~,~,IA n I" ~ E>tpand the participation of disabled citizens and all of America gains. Isn't it time to get Invohedt f I I~ t r i ` NATIONAL ORGANIZATION ON NOVMIAI (N\ItNIV n u..lyd V Ceuw r. tat UK rots k'K, 1 N6. hAAI [N~lAprKUn drol N,m la ~ p'n.h, K,rn porn ny,m,„l.q %r s ism 910 Sixteenth Street N%V " Suite 600 0 14ashington, DC 20006 v iii a~,`la 4KJS p rrm InK (202) 2915960 • TDD (202) ?933968 \In a, r,mn Ca Mnvyn Prdrnl L5 Con'ner<.d WYa, Nm l kn.ND N;4,19,Trp ~rpKrarrt;,+ Ke lraaur, Ivx,r~l irNOP t Irt ~ November 24, 1987 VJr, orlon 1 MLne InN,e t 11,00K N0. rn+dnK Nh rxmmn L'nrverv!Y NrIM,INUUN Dear Mayor: G,r^p dOr',.,n NlxmL[WN 911 lvh"vd lnawl, The National Organization on Disability (N.O,D.) [rto is a private, non-profit organization formed in 1982 to Omms V4 tnl„nr,„„rKMO,m expand the participation of the nation's 35,0000000 x a,n. x. citizens with disabilities in the mainstream of their rNA,KIN DA communities and to increase public awareness and V00 r%Mm th,Ir Pi) tW oCmww. acceptance. Supported entirely by the private sector, IS ,r" lavd*h1t„n,w4CAW N.O.D. Promotes community-level commitment and action P„K 411441 M c'iod"4"t'"'► in areas of most importance to citizens with I: NrWCOUP ~~wnIM disabilities, such as work, education, voting, trens- 71f„'hwid portation, housing and access to community serviceq. N I I~m.n")'~soAN A r N.O.D.ts Community Partnership Program is based on ? NRo n, "MI.eKNKeuPa"an the concept of partnership and people working together: 22101%PD persons with and without disabilitiesi the public and w„wo.. private sectors; and local, state and federal groups. ' Ilii PJbIAI {OIYI ;,A11''t~ Currently more than 1,900 towns, cities and counties in IkC1 '"I'M0 all states are participating through an appointed nor. n l 111IMPM[~Mtr N"o, liaison to N.O.D. through whom we provide information and assistance on disability concerns and programs. i `aPI d th NmdK,ro.d K'" Iwo 1.,iA , N,&*nnrad Please assist us by reviewing the enclosed j E KtKKV!gnd lunlll INurlsra.r~" information aLout the program and the liaison form on { ' rmKrnn AMPN r raaNr d i t. u` i°rtir~sw,tn the reverse. If the attached liaison label for your ei jurisdiction is correct , please fign and return the ~ a'c woCal„N.eNC. form. IE incorrect, would you please designate someone j 11mv, t to serve as a liaison to N.O.D., complete and sign the w form and return it to N.O.D.? Please note the bali~r~r.~rrf~ n,N Partnership Pt ogram requires no fee. rM„td,IMl"Ywd oPIKI NY\MALM, AeNtrnl I& „K"TrK,wSusan Chalfant Thomas, 7lrector of our Community knees,` Partnership Program, will answer any questions should [ you wish to call or write. We look forward to working h,dt with you to expand participation of all Americans with N„ t46.1 disabilities. t tu'tn \J,.wn LwNmnn te.~,p„ I1,kMp, S11ceroly ours Wyk .IP,NA hnonl r/y/Y~ a~gsy rorro"row C~ Vl Mw w a" Alan A. Reich President Enclosure f IM left cpofrqkkA M a Irrnr.. A _ MCImrW Expand the participation of disabled citizens and all of A-re[lca gains. Isn't it time to get involived? l I , I ; 1 ~r F I N )NOLAII Cw,UI„A9 r c r c r ' Raw L two uao°s _ NATIONAL ORGANIZATION ON 1c r F. C'~,~`%r'F u~Hadak $4wft K Mn•lMwr nvirs DABfLITY M1MQM,I U 1 amlllnf •.N,n ",Nr,M.MerNH MLMi1,YM V 410 Sixteenth Street NW • Suite 600 • Washington, DC 20006 WINDND (202) 243S960 - TOD (202) 2435966 j rnrw*1M0; ra dir I ,x C42 COMMUNITY PARTNERSHIP LIAISON DESIGNATION FORM eLI 446 IKMKY I1Uerw ,Oral This appointment designates as liaison cr..nw, uw CIO Name o person to the National organization on Disability from the (circle one) Co9p"wl a,rt n P. 1 s0 rl x +ae R { Inved rT nne, rwmun ~illofiNamc, town, city, county, or consolidated government oft dd K DIV" Name o Jurisdiction Approximate ~ , wn nlH Lcmn Popu, ation Iplc AHI,I N. [:114 If the liaison re resents a town or cit p y, please also indicate X66 IT(l~%'"Y1 the county in which it is located: i C mm~ G. e,l hanM Liaison°s Titles " •C Lcm Address t 1IoD zipcode N I'ia N oam law Telephone { ) AAIP L Ric Y~~Y; ncum 01•„x« .Signature of Chief Elected official of jurisdiction: d " w 61* w"w, Printed name of Chief Elected official of jurisdiction: •IM t,M[i w 111 Warm Jl`14« ~ rone„r^M Title of Chief Elected Official: CMHI,r 1:0111101 ° Lwe ~+w"L1'/..I to wl Date Signed by Chief Elected Official: M1 ~M+cM PLEASE RETURN THIS COMPLETED FORM TO THE DIRECTOR OF THE COMMUNITY PARTNERSHIP PROGRAM AT N.O.D. AS SOON AS POSSIBLEI I NgY1~Unn yyI.°w~ tnnrn.n hiw°,e, bwn•o+Y I r NOTE TO CHIEF ELECTED OFFICIAL: °"'"6^em le The selection of your liaison is for as long a period as you desire. ''~I22. Upon receipt of this signed form, N.O,D, will send you a r4lo ,w certificate confirming your community°s participation in ~Lw..1f04, the N,OeD. Community Partnership Program. Your liaison KW wr will receive organization and program materials on I ± developing and strengthening local disability programs. ~w 3. There is no fee for participation in the N.O.D. at ""O' cw Community Partnership Program. a r.a tar. a "Form cannot be processed without this signature, wru Expand the pankipation or disabled citizens and all of America gains, Isn't a time to W involved: I , R THE NATIONAL ORGANIZATION ON DISABILITY COMMUNITY PARTNERSHIP PROGRAM The National organization on Disability promotes acceptance and participation of America's 35,000,000 citizens with disabilities in all aspects of life. PURPOSE: The purpose of the Community Partnership Program is to encourage and support voluntary activities of people with and without disabilities in the public and private sectors working in partnership with N.O.D, and each other in towns, cities and counties. Communitites which are N.O.D. Partners identify unmet needs of local citizens with disabilities, sat appropriate goals and carry cut programs tot improve attitudes toward persons with disabilitiost expand educational and employment opportunities develop improved access to registration and polling places, housing, { buildings and transportations expand participation in recreational, social, I~ religious and cultural activities: and promote reduction in the inciduice of disability through accident and diseass prevention. PROCLISSi The Community Partnership Program hs1 ps to mobilize individuals and groups at the community level to respond effectively to the needs of citizens with disabilities, Because local officials have been elected to fulfill the responsibility of ensuring compliance with federal, state and local laws protecting the rights of persons with disabilities, the Community Partnership Program includes their involvement. In order for a town, city or county to become a partner of N.O.D., Jhl W1W alected paofficial ge and returns completes it and signs the liaison only form designate the reverse side .of this Tits the Director of the Community Partnership Program at H.O,D, f Experience of the existinq 11900 N,O.D. Community Partners shows that the most, effective way of accomplishing N.O.D. and community goals is through a local comatttes re.ponsive to all issues affecting citizens with disabilities. The community liaison to N,O,D, is usually a member of the s committee or a member of local government staff working with the committee, The names of the community's committee and its particular responsibilities are a matter for local decision. Motet In some communities, committees already exist which are addressing the needs of all citizens with disabilities. If there is such a committee, one of its members could be appointed as liaison to N.O.D. COMMUNITY BENEFITS Of PARTNERSHIP WITH N.O.D.s 1. Eligibility for participation in the annual N,O,D, $70,000 awards programs 7. Receipt of N.O.D, quarterly newsletter, REPORT, with "Update" features focusing on successful community projects and programst 3. Reciiipt of CAPITOL NtHS, a quarterly report on federsl legislation dealing with dizability, as wall as other 7ublic;tions such as DISABLED CITIZENS AT THE POLLSS A GUIDE FOR ELECTIONS OFFICIALS and OROANIZ7116 COMMUNITY PARTNERSHIP PROGRAMS: 4, Access to an information clearinghouse and reference services on disability available from government agencies and private organizations: S. Informational and educational materials and technical assistance on subjects such ass community organ>lsinq, media coverage, fund raising irA effective use of government agencies d. Invitations to N.O.D. regional workshops on disability issues 7. Press releases for use in your local medial 8. National advertiainq campaign that promotes positive public attitudes toward perron■ with disabilities. (over) 1 E; i h t Geri Truiq Iku{,m ( ,,Lunt) (.I5ul'tl Scr% ices August 4, 1988 Deer Mayor Stephens: ` I R$: National Organization on Disability (NOD) I I have recommended Dr. Anne Gudmundsen of 7M to re- place me as Denton County'a representative to the NOD (please see attached correep ndence). Y It seems appropriate to recommend Dr. Gudmuxlsen for the City of Denton's repress-ntative as well. ` As in my )ccter to County Judge Vic Burgess, I feel r honored to have worked with the NOD over the years and feel i Fc Dr. Gudnundsen will represent us admirably. 4r Best wishes, ci rt Tw*jnd"n) i LCs Dr. a I AM 9 W LU i~ t a;, a ` i 1 Ch ~ r lti" ,h i i t i M1 rk, 1? w t CO U N T Y C c CHARLIE J. COLE, IR, ADULTPApaATIpKSERViCE9 DENTON D+rna STATE OF TEXAS MARK L. io"ES,cnEr .o,wr n,o.,ro. ,urcu i April 27, 1988 The Honorable Vic Burgess Denton County Judge Courthouse on the ~ Square Dear Judge Burgess: RES Denton County's Liais;xt with the Rational Organisation on Disability (NOD) I was grateful when Denton County COmmissioner's Court appointed me in Y ` 1981 as the County's liaison with the National organization on Disability. I chaired the committee that evaluated all county facilities for their accessibility to disabled persons, as required by federal grantmakers, and participated in a number of public awareness activities and fundraisers. I was glad to have the opportunity to serve the County in this capacity. I was also serving as Chairman of the Denton Committee on Employment of the Handicapped, now entitled Denton Mayor's Committee for Disabled Persons, at the time. However, I am no longer involved with the Handicapped Committee, and I feel the County would be better served by appointing a new liaison who is presently active on the Denton Mayor's Committee for Disabled Persons. c • I recommend Dr. Anne Gudmundsan, Dean, College of Nursing, Texas Woman's I I Unii,orsity be appointed by your Court as Denton County's Liaison with NOD. j She is presently an active member of the Denton Mayor's Committee for Disabled Persons. I I have discussed this with Dr. Gudmundsen, and she is willing to serve: Dr. Anne Gu&undsen, Dean I College of Nursing , v P.O. Box 23026, M Denton, TX 76204 698-2401 i I feel we would bo fortunate to have her serve Denton County in this appointed position. Once approved by Wcnissioner'a Could, all that is necessary is to sign the attached form and alail to the National Office on Disability. V4 19f yours, , Trvi t - cot Dr. 1 Doyle i Lotis Ingram, Co-chairs of Denton Mayor's Committee 2108. WOODROW LANE P.O. SC122610 TWU DENTON, TEXAS 10204 8114063010 LEWISVILLEOFFICE: 110 CIVIC CIRCLESUITE208 LEWISVILLE,TEXAS 15007 2141221.1012 SERVING THE 16TH, 230TH, 21ITH AND 362NO STATE JUDICIAL DISTRICT COURTS AND THE DQNTON COUNTY COURTS-AT-LAW , n a, f ~p ~~Erk 3 r i t i I i 3 e 1 i 1 I 1 1 i ! ?h MY of VENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 / TELEPHONE (8:7) 640"8307 Office of the City Menapo C r: 1 M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: August 10, 1988 t SUBJECT: Back-up for Agenda Item ti - 7:00 p.m, a, ! Shirley llenaley, Camp Fire Association, will be at the Council meeting to formally request permission to hang a banner for their } annual membership drive. , f j j t' { i JA~ "I J for Wa era 2727C/2 q f r K v' y. j i j ;i 1 Kw 4 4 I g. f { 3 a ~ 1 i l i r + ai rti , DATE: 08/16/88 CITY COUNCIL REPORT FORMAT A TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR Z-68-009 RECOMMENDATION: Planning and Zoning commission recommends approval by a vote of 5-0. SUMMARY: The property at 1507 Eagle Drive is currently zoned MF-2 and a structure formerly used as a Taco Inn is located on the property. The toning would permit a restaurant or other retail use on the site. w BACKGROUND: A Specific Use Permit was requested and approved for the site by City Council, but an Ordinance was never adopted. The Specific Use Permit was to allow a restaurant in a MF-2 zoning district. PROGRAMS. DEPARVIRNTS OR GROUPS AFFECTED: Notices were mailed to property owners within 200 feet. FISCAL IMPACT: No fiscal impact to the City. 1 Rae u ly'A.d: j Prepared by: Llo v. Harrell rrr- . _ City Manager Cecile Carson Urban Planner APpr 4Di r n ~ Executor for Planni ng and Development 224IJ f a V, r,: P i r r. i V PLANNING AND ZONING COMMISSION { RECOMMENDATION TO CITY COUNCIL i : 4 i To: Denton City Council : Case No.: Z-88-004 Meeting Date: August 16, 1488 r GENERAL INFORMATION Applicant: Dale Irwin 414 S. Carroll Boulevard ` Denton, Texas 76201 I Status of Applicant: Purchaser Requested Action: Approval of a change in zoning from the Multi-Family-2 to the General t Retail zoning classification. Location and Size: The property is located at the southeast corner of Eagle Drive and { Collier Street, also known as 1507 Eagle Drive, and includes approximately .38 acres in size. Surrounding Land Use and Zoning: North - University of. North Texas, retail, MF-2 South - MF-2 East - MF-2, Laundry, S-63 A West - GR, Carriage Square i Denton Development Guide: Moderate intensity area t e SPECIAL INFORMATION v. J Transportation: The property is located on Eagle Drive, a primary major arterial, and on Collier Street. The Subdivision and Land Development Regulations state that access to existing uses will be determined with a request for a new certificate of occupancy. The Regulations also state that access to arterial streets should not be allowed, except when specific criteria are met. - a i I t t N (Case Z-88-009) Page Two 4 SPECIAL INFORMATION (continued) 1 3 Utilities: A 16" water line is located in Eagle ` Drive and an 8" line exists in ` Collier Street. A 10" and 6" sanitary sewer line are located along Eagle Drive and an 8' line in Collier Street. R Drainage: No drainage requirements are anticipated. Property is located at the top of the hill and local drainage concerns are an issue. Grading of site toward Eagle Drive will address drainage. HISTORI i In February of 1976, the City Council approved a Specific Use Permit for the operation of two restaurants in the 1500 block of I Eagle Drive, but an ordinance was never adopted to change the zoning. ANALYSIS The property is located in a moderate intensity area. Area 48 ' is currently 44% under the intensity standard based on land use and 356 under the intensity standard based on zoning. The site had previously been used as a restaurant and no additional trip generation is anticipated. This moderate area is approximately 6.50 acres in size and was ii created because of the diversity of the existing land uses in the area of the University of North Texas. The area includes the University, shopping centers, retail office, multi-family, and residential. The Development Guide states that the intent by encouraging centers of activities is to discourage strip commercial. This { site is located in a moderate center and the structure already exists on the site. The request for a zoning change was made since no ordinance exists for the original Specific Use Permit. The policies state that limits should be placed to curb cuts, setbacks, and signs, and all of these iteme were reviewed prior to construction of the building or will be reviewed with requests for a building permit and/or a certificate of oc0upancy,f i (Case Z-88-009) Page Three RECOMMENDATION Planning and Zoning Commission recommends approval of Z-88-009 by a vote of 5-0, i ALTERNATIVES l 1. Approve petition 1 j 2. Deny petition ATTACHMENTS i ~1. Location Map { 2. Reply Form Totals a 3. Mailing List 4. Minutes of July 13, 1988 Planning and Zoning Commission meeting. y Vd i i I r j Y M J i I 2191j y j 4 f Z 88-009 NORTH i R r. S1 ~ J~. Viet u L_._J 1..._JL._...J u.J I ' YMM1ii a 1:30 4S71~~~ Y. W.AORY ® « a ~ [ 16.KjqKj RAOL 5FeAGLE ~ a0 Pel E LJL~, a ..J"i wuT Q l 44 'W ~ G•ie.1f PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-88-009 IN FAVOR IN OPPOSITION UNDECIDED Carolyn Wilson None Received University of North Texas P.O. Box 13763, NT Station Denton, TX John Frazier TTNT, Inc. 2901 South Kansas Wichita, Kansas 67216 Glenn W. Floyd (Edith Jordan) 913 Avenue B Denton, TX e" aH 7 rh~ I t I i I h • ' x 4 i f f E t 1 Z• 80 , c r Of d fte I!'O ~ ~z t C-° Co cCuh sfti; t t G/3I3A Eu~y NaV,Z y' r j'o ~ 6~7 Friar Tx, y7S'y~ W-M G 7 E, ,?h/ilalaa/~ a/9 s(v, 3 /rte 7GZ5/ ~JiA-/ ~lor~r/ ~o r3o,~- r T er Tr 7GZo/ i nr,ra 'es f A O%v Shbcb/alb;,.. { 9oJs// e Goa v>e/~ G, rV,✓Fa. f , •was.r i•n moo, r$ ~ 7957/ s ~afas i~r 953>y Y i IVAA 5I9vm/o/- d~oi 7TNi /,cam, ' ~ IVieJlif~ K i 3~ 3~dA 5i9o~3AO /~kib E, Crk)nvn Ion 7& 4/17$A aj/arr~ dice ~C`P sk.) 4uq Xre/ter to ~i'+, ~ 7G tat ul~'yibq 7rg~r~y 1Vas~ 60rtv4d /Tx 7eclw;~> 4 J i i Z gb axt 2 A X110 ~~~~~~bA hr4oa~oloo Clow 1, r?4E`rcl~ ~a ao ~ pr3 ~7Ci>fvn .?c2o/ ~ $~378A O~oJ y3il/ ~~/1 r'~ui/a>7 rezoi 7~373A OPT! %~ec~nrs arsi~~s ' I / r~oa' Goa ~ vhre.~T,7GZZ~ I ~ , ! g/ ~7Qr A 09o i lerr L yncl r7~r><i.i r ~~/i c6f e '$,076A G.f, Martin ~~i - 9,A3 fa'riif-~ o~7ov .Tosses Sf. !~i/an ~X 7G7Ds 7 3 R/3~I dssivl~s+rr c 447,h Tex6s %.~n </asrs-ate po ~X /3763 NT Sfa/,on akrri 'r)e 1G 203 ~I37q h~vlra/ d . Y 4 i N I , i Minutes Planning and Zoning Commission July 13, 1988 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on kednesday, July 13, 1988, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, btlIlam Kamman, and Fran Morgan Absent: Judd Molt and Ftha Kiker Present from Staff: Prank Robbins, Executive Director for Planning and Levelopment; Elitabeth Evans, Planning Administrator; Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Lee Allison, Senior Civil Engineer; aerie Baker, Civil Engineer; Chris Smith, Administrative Assistant; and Donna Baker, Secretary ice-Chairperson Euline Brock called the meeting to order. 1. Minutes A. It was moved by Mr. Glasscock, seconded by Mr. kammon, f and unanimously tattled (S-0) to approve the minutes of i the regular meeting of May 2S, 1988. B. Ms. Brock asked that a change be made in the minutes on the first page to read: "Mr. Turner said there were not any major changes tc covcr the draft presented in January 1968, but that he vain: like to cover the changes to the Draft Plan that were made following the neighborhood meetings." It was moved by Mr. Glasscock, seconded by Mr. Kamman, and unanimously carried (S-O) to approve the minutes of I the special called meeting of June 1, 1988 as corrected. I1. CONSENT AGENDA. It was moved by Mr. Glasscock, seconded by r. almman, and unanimously carried (5-0) to approve the consent agenda as follows: h- " A. Approval of final plat of the Frank Borman Elementary School Addition, Lot 1, Block A. B. Approval of preliminary and final plat of the Victor Addition, Lot 1, Block A. 111. Public Hearings A. Z-88.009. Consider taking a recommendation on the pe- t t on of Dale Itwin requesting a change in roninyy from the multi -family (MF-2) to the general retail (GR) toning district at 1507 Eagle Drive. The property is located at the southeast corner of Eagle Drive and Collier Street and more fully described as being in the E. Puchalski Survey, Abstract No. 996. If approved, the property may be util- ized for any uses allowed in the general retail ronin± classification. Fifteen notices were mailed to property owners within 200 feet; four reply forms were received in favor, none were received in opposition. STAFF REPORT: Nis. Carson st ted the property is located at tie southeast corner of Eagle Drive and Collier Street and includes approximately .38 acres in site. She said ' Eagle Drive was a primary major arterial street. I 5 ti I P6. !1I nut es July IS, 1566 Page She continued that the Subdivision and Land Leveloppment Regulations state that access to existing uses would be determined with a request for a new certificate of 3 occupancy. The regulations also stated that access to arterial streets should not be allowed, except when specific criteria are r.et. Ms. Carson stated that in February of 1976, the City Council approved a Specific Use Permit for the operation of two restaurants In the 1SCO block of Eagle rrive, but an ordinance was never adopted. ` She said the pro-arty is located in a moderate Intensity II area, The areas currently 44 percent under the inten- sity s tandard based on land use and 3S percent under the intensity standard based on toning. She said the site had previously been used as a restaurant and no additional trip generation was anticipated. ! She continued that the moderate area was approximately oSU 1 acres in site and was created based on the diversity of the existing land uses in the area of the University of North Texas. The area included the University, shopping centers, retail office, multi-family, and residential. ' Ms. Carson said that the Development Guide stated the intent of creating coderate centers is that encouraging centers of activities should dlscouraQe strip commercial. The structure already exists on the site. She said the { request for a toning change was made since no ordinance F existed for the original Specific Use Permit. The polt- ties state that limits should be laced to curb cuts, setbacks, and signs, and all of those items were reviewed prior to construction of the building or would be reviewed with requests for a building permit and/or a certificate of occupancy. Ms. Carson added that no drainage require- ments were anticipated. PETITIONER: Dale Irwin, 419 S. Carroll Denton, stated EaTe was the purchaser of the property and that he wished to see the building with general retail status. He said the ordinance stated that if the building remained I vacant for six months, the area would be returned to the multi-faally toning. He added that this is what had hip- h pened and he would like the toning changed tn general ` retail (GR). IN FAVOR: None Present. OPPOSED: None Present. RECOMMENDATION: Ms. Carson stated staff recommended aPProvi ar REBUTTAL: None Offered. I` Chair declared public hearing closed. f DECISION: Mr. Glasscock moved to recommend approval of Seconded by Mt. lamman and unanimously carried Z-III-Oil. Consider making a recommendation on the petition oo Te -City of Denton to establish Agricultural (A) toning on approximately 11S acres of land. The property is SOD feet wide and begins approxlu rely 10,910 feet north of U.S. Highway 3l0 near the to Fork of the Trinity River. The property is situated in the J. West Survey, Abstract No. 1551. f { t' fill 11 [111 E i i k E j L~. ON, ~r. A 2423E of . I NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANC SXAOF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 1507 EAGLE DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM MULTI-FAMILY "MF-2" DISTRICT CLASSIFICATION AND USE DESIGNA- TION, TO GENERAL RETAIL "GR" DISTRICT CLASSIFICATION AND USF DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFF_'CTIVE DATE. WHEREAS, Dale Irwin has applied for a change in zoning designation from multi-family MF-2 district classification and use designation to general retail "GR" district classification for 1507 Eagle Drive; and a ioWHEREAS, on July 13, 1988, the Planning and Zoning Commis held held a public hearing on the applicati~,n and recommended I approval thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDEINS: i SECTION I. That the Zoning Classification and Use designa- tion app ca a to the property descried in Exhibit HA", attached hereto and incorporated herein b~ changed from multi-family "MF-2" district classificationsand ruse designation to General Retail "GR" district classification and use designation under the Ccwprehensive Zoning Ordinance of the J City of Denton, Texas. SECTION II. The Zo:+ing Map of the City of Denton, Texas, adopted t e t day of January, 1960, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, as amended, is hereby amended to show such change in district classification and use designation. SECTION III. That the City Council of the City of Denton, Texas, ere y finds that such change in designation is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, pro- tecting human lives, end encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. d6dimb I 1 j SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such persons shall be punished within the limits above. SECTION V. That this ordinance shall be^ome effective fourteen 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, l the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. f• I PASSED AND APPROVED this the day of 1988. RAY i _ T PHE S, MAYOR ATTLST: JMIFER W TER , CITY EGRET !;I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: " Z-88-009/Page 2 4 i '<3 EAh1b1T "A" All that certain lot, tract or parcel of land situated in the Eugene Puchalski Survey, ibstract No. 996, Denton County, Texas; said tract being further described herein by metes and rounds as follows: BEGINNING for the northwest corner of tract being described herein at a power pole with nails on each, at the intersection of the east line of Collier Street ano the south line of Eagle Drive; THENCE East 109.0 feet with south line of Eagle Drive to a steel rod set for corner; THENCE South 60 degrees 8 minutes Fast 150.0 feet to a steel rod set for corner; 1 THENCE Nest 109.0 feet to a steel rod set in the east line of said Collier Street; THENCE North UU degrees 8 winutes West 150.0 feet with the east line of Collier Street to the PLACE CP BEGINNING. - l ~ J !M a ;'I 1 y .y s 2- -85-OUy 4 , 1 yyt iy i I c ijYC i ,E E i i i i i a t Will 4 r DATE: 08/16/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF 20.8309 ACRES LOCATED AT FM 2181 AND OLD ALTON ROAD. (A-56) RECOMMENDATION: Staff recommends approval. The Planning and Zoning Commission will y make a recommendation on August 31, 1988. SUMMARY: A plat was submitted for development of the Shady Oaks Mobile Home ` 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. The property also includes a tract at the northwest corner of the proposed annexed area not shown on the plat, but the tract was previously subdivided from the tract shown on the plat. BACKGROUND: The City annexed a 500 foot strip along FM 2181 and Skyfab Addition on July T, 1987 to tie the City limits to the Corinth city limits. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: .k Planning and Development Department and property owner. FISCAL IMPACT: i City services are available in the area including water. The fiscal impact at this time is minimal. Re 'tf 1 &(zX1 ! I V' 1 Prepared b y: L1 d Y. Harrel! City Manager ` r Cecile Carson Urban Planner 4 1 ApWHo rna Executive Di etor for Planning and Development 2251a 2388L 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 tie corporate limits of the City of Denton. A Public Hearing will be held by and k;~fore the ity Cou cil of the City of Denton, Texas, on the At!' day of , ttt ! 1988, at 7:00 o'clock P. M. in the C ty Council Chambffl s o the Municipal Building of the City of Denton, Texas, for all persona 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. A Public Hearing will be held by efore th City C ncil of the City of Denton, Texas, on the day of , i 1988, at 7:00 o'clock P. M. in the Cti y Z`ouncil C am rs o the 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. I ~ i RAYfSTEPPENS, MAYOR I ATTEST: j j A-56 t f s` t EXHIBIT "A" i ALL that certain lot, tract or parcel of land lying and being I situated in the County of Denton, State of Texas, and being part of the J. Dickson Survey, Abet. No. 342 and A. Cannon 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 r 250.0' west of and perpendicular to the centerline of F.M. 2181; i THENCE southeasterly along the present city limits as established in said Ordinance 87-119 with a curve to the left having a radius 1,396.26', a central angle of 190 34' 57.9" 477.22' south to a 200 and a ho an are beariop, and length of length point 1 lying11 inasan 474.901, 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 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 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 i 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 et ux to Tim D. Masten et 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 eact/west county road for corner; 1 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. i Martin tract, continuing for a total distance of 484,62 to the northerly northeast corner of said R.D. Martin Tract for corner; { 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 f line of said Old Alton Cemetery trace a distance of 20.8' to an inner ell corner of said R.D. Martin Tract, same being the j northwest corner of said Old Alton Cemetery Tract for corner; THENCE south 00 43' 57" west along the westerly east boundary f line of said R.D. Martin Tract and the west boundary line of the Old Alton Cemetery Tract a distance of 335.84' to an inner j ell 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 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. A-56 i i I i PLAN OF SERVLCE rUR „NrExED AREA (1TY Uh LEhT"Ob TEXAS 1. Basic Service Plan ' A. Police Patrolling, radio responses calls, police services, using present will be provided on Luc affective date of annexation. B. Fire Fire protection by tht present personnel and equipment of .a; the tire fighting force, will be provided on the effective date of annexation. ' t C, hater/Nastewater Maintenance of public water and wastewater facilities will begin within sixty (60) days after the effective mdate of aintained the annexation fo: all facilities required to be by the City of Denton. D. Refuse Collection The same regular refuse collection service now provided within the City will be extended to the annexed area within sixty (6u) days after the effective date of annexation. E. Streets 1. Emergency maintenance of streets (repair of hazardous etc.), chuckholes, on the asures effective necessary date o of traffic annexation. will b 2. Routine maintenance on the same basis as in the present City, will begin in the annexed area on the effective date of annexation. S. Reconstruction ana resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as twill he need therefore is determined by the accomplished under the established governing body the City. 4. Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as athe nd. need therefore is established by appropriate traffic standards. F. Inspection Services Any inspection services now provided by the City (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. I I V I ! Service Plan Annexed Area Page 2 1 G. Planning and Zoning The planning and zoning extend to the annexed area rondtheteftectiv~e date ofll annexation. City planning will thereafter encompass the annexed area and a zoning property will be established. designation f or tile H. Street Lighting Street lighting will be installed in the developed areas in substantially accordance with the established policies of the City. c I. Recreation ' Residents of the annexed area may use all existing s recreational facilities, parks, etc., on the effective date of annexation. The same standards and policies now used in the present City will be followed to expanding the !c recreational program and facilities in the enlarged City, { r J. Electric Distribution i r The City recommends the use of City of Denton for new electric power, 3 Miscellaneous I Street name signs where needed will be installed within j i approximately six (b) months after the effective date of i annexation, i I f It. Capital Improvements Program (LIP) r The LIP of the City is prioritized by such a3; policy guidelines A. Demand for services as compared to other areas based partly on density of com ared to other areaspulation, magnitude of problems andpprofessional studies,eanabnatural orhtechnicalnCe. straints or o pportuzitles, B. Impact on the balanced growth policy of the City. C. Impact on overall City economics. The annexe! area will be considered for CIP in the upcoming CIP plan. The annexation area will be judged according to the same established criteria as all other areas of the City. r~ I N ANNEXATION A88 ! ' So,A 4 r'' 1 ` - 1 1 I, 5 MINIS i n r 1 M H 1 II .r. 1\`.1 ~ ~ I II I S a I ~ 11 ! j , f VI` 11 ' 'SI'DE- 11 ; 1 II t 11 I I li ~ 11 I) I i 1 / j wpm uwm } :r 4 '~1 l R • ' ANNEXATION SCHEDULE ' A-S6 ✓July 199 1988 City Council sets date, time and place for public hearings /July 22, 1988 Notice published In Denton Record chronicle for first public hearing ✓August 2, 1988 City Council - first public hearing August 5, 1988 Notice published In Denton Record Chronicle for second public hearing August 16► 1988 s City Council - second public hearing August 31, 1988 Planning and Zoning Commission makes recommendation September 6, 1988 City Council Institutes annexation € September 11, I988 Publication of ordinance in Denton i Record Chronicle Octoher 18, 1988 Final action by City Council f j j' ? 1 ` r F i 1 ' 1 ' -l t i I r I I ii , e~ I DATE: August 16, 1988 ,9CITY COUNCIL REPORT r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Monoper SUBJECT: BID! 9883 REFUSE EQUIPMENT LEASE PURCHASE RECOMMENDATION: We recommend this bid be awarded by item to the lowest and best bid on each item as folows. Item One, two 42 c.:bic yard enclosed heavy duty containers as specified to Industrial Supply Co. at $4,630.00 each [ for a total cost of $9,260.00. Item Two, one 2.3 cubic yard stationary com- pactor with side rails and gate and side hopper at $7,297.00.each to the low bidder Master Pak., Item 3, one 4.0 c. y. stationary Compactor at the low go"O=bid of $8,886.00 to Master Pak. Please see summary. ff We sent this bid with our specifications to six pros- pective supplies and received reply from only two vendors. We received as I specified only one bid for the H.D. Container, Pnd two alternative bids which did not meet our specifications. We received two bids for the remaining two 7 items and are recommending the low bid for Item Two. Item three we are recommending the lowest and best evaluated bid as the Master Pak 4.0 cy H.D. unit with a longer ram stroke, shorter cycle time, larger hydraulic pump, and a 20HP motor in place of the specified 10HP. These offset the =cost of the two items of $1,189.00 Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Solid Waste, Public FISCAL IMPACT{ This bid is also for a lease/purchase of this equipment, Each vendor bid 9.25%. We feel this is too much to pay and we are looking into other lease/purchase funds. We will not order until the funds are availabe. Respectfully submitted: U Lloy . Harrell City Manager Prepared by: eall,CP.Approved: J. Marsha 1, C.P.M. TI e' Purchasing Agent f BID N 9883 1 I.D.S. I MASTER 1 PAK DID TITLE REFUSE EQUIPMENT L/P I I I j --------------------------------I I I OPENED 8/2/88 2:OU P. M. I I I 1 ACCOUNT N I I -------------I 1 1 r M I QTY I ITEM DESCRIPTION I VENDOR I VENDOR 1 3 -------1---------I--------------------------°•----I-------------- 1----•---------1 I I I i i 1. 1 2 1 42 YARD HEAVY DUTY CONTAINER 1 41630.00 1 I 1 ; I 1 I I ALTERNATE I I I 1. 1 2 1 CRD OCTAGON 1 31950.00 1 39950.00 1 1 I I I I 2. 1 1 1 2.3 CY STATIONARY COMPACTOR 1 71387.00 1 71297.00 1 I I WITH HANDRAILS, BATE & SIDE I I 1 1 HOOPER - I I I 1 1 3. 1 1 1 4.0 CY STATIONARY COMPACTOR 1 79697.00 1 8,886.00 I I i I i 1 I I I I I !I I I LEASE/PURCHASE INTEREST 1 9.25% 1 9.25% 1 1 1 DELIVERY 1 30 DAYS 1 45 DAYS I ; I 1 I I °c~ I I ~ ~ I I I I I I I I S I; ; I I 1 1 I I I ; c j i F' i I 0923L i c I NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLI.S 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 desigAated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or P 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 herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered j bids or materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible,bids for such items: r BID ITEM NUMBER No. VENDOR AMOUNT . 9883 QH_ INDUSTRIAL SUPPLY CO. _ S9.2b0.00 4883 TWO MASTER PAK 7.297.00 1 9883 THREE MASTER PAK 8.886.00 I j a SECTION II. That by the acceptance and approval of the above numbered tems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to t~ 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 ' Proposals, and related documents. j SECTION III. That should the City anJ persons submitting approve an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute f the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbere terns 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 imme at7i' e-ly upon its passage and approval. PASSED AND APPROVED this 16 _ day of AUSUST , 1988 . RAY EP HE S, MAYOR CITY OF DENTON, TEXAS ATTEST: J NNIFE -WA ER , SE E CITY OF DENTON, TEXAS APPROVED AS TO LECAL FORM! DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY Of DENTON, TEXAS BY! PAGE TWO w I ~i I r M V S -LLJLL 7 LFT7 1 `f( r EIEIE= EII= JLIMI 1371= i i j I 11! i I 5 I i ,Iloilo I ~i i 2 I_ 1 F, CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (all) 566.8200 4W MEMORANDUM DATE: August 5, 1988 TO: Rick Svehla, Deputy City Manger FROM: Jerry Clark, City Engineer SUBJECT: Strata Addition Condemnation 9 ~ the developer has tried without success for an extended period to obtain easements for the drainage running south and westerly to a branch of Pecan Creek near the Fair Grounds and Good Samaritan Village area. The enclosed documents are described as follows: # 1. Resolution - Authorizes the City to initiate condemnation proceedings f 2. Ordinance - Authorizes the City to enter into an agreement with Strata Properties 3. Agreement - City contracts with Strata attorney to handle ' the eminent domain proceedings with Strata bearing all cost Easements are necessary for access and drainage maintenance to $ allow this developer to construct his improvements. Th im rovem ese e r, t s are established creek, needed Without the t ealsements, eCthere elere to major drainage nccess/concentration, considerations, Another ma'(sr reason for these offstte requirements is that the land in t~i, area is fairly flat, This creates a need for channels to be daylighted a significant distance to obtain the necessary depth f to carry the desiCn storm fi.;quencies. We have attached a diagram showing the location of this project. The condemnation is necessary to allow further development of the Strata Addition. Please advise if you need further information. I ~ ferry ar 0583E I 4 ~y F. fe ,N P l k k N` ~t ~ ~~rr~p ~~II+ (~rll. ~~~!11t~.1 t IIHEY ROID eMJI Ol W ~ WIN re.i a o 1G - ~ E i s run W !'~1, 1 w~oweo LP sTrtMrA I -1 LIE r CJa C~~s3 C~C~IC~ ` ❑ a ° L ❑C~C~ FLI El El 11 D Li Ell I i Ll [;~~]=gFrl o a ' D ~ ~J o PoLl ~~~QL+ Y r. Macd~r ©®dRJ0 ~E EL-ml ME] 1 ~ LEj i 1 1 r T i I~r 1[F 1 C ~ . r v 2409L 1 i NO. i AN ORDINANCE APPROVING AN AGREEMENT BETWEEp THE CITY OF DENTON, a STRATA PROPERTIES, INC., AND DAN C. COFFEY AND JEFF ROBE, I ATTORNEYS AT LAW, AUTHORIZING SAID ATTORNEYS TO ACT ON BEHALF OF THE CITY OF DENTON TO INSTITUTE AND COMPLETE CONDEMNATION PROCEEDINGS TO ACQUIRE A DRAINAGE EASEMENT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE PAYMENT OF COST OF CONDEMNATION BY STRATA PROPERTIES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. 4 WHEREAS, Strata Properties, Inc. is constructing a "f` residential development in the City of Denton and, pursuant to 1 City ordinance, is required to provide for and pay the cost ~f all off-site stormwater drainage easements and facilities necessary to serve its development; and s WHEREAS, Strata Properties, Inc. has been unable to purchase at fair market value the drainage easements necessary to provide for the off-site drainage facilities required to be made; and WHEREAS, the condemnation of land for drainage improvements would be in the public interest and for a public purpose; and WHEREAS, the City of Denton wishes to retain the legal services of Dan C. Coffey and Jeff Robb, Attorneys at Law to act on behalf of the City to acquire by condemnation the necessary drainage easements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor and City Secretary are hereby authorized an directed to execute and attest, respectively, the agreement between the City of Denton, Strata Properties, Inc., I and Dan C. Coffey and Jeff Robb, Attornaye at Law, authorizing Dan C. Coffey and Jeff Robb, to act on behalf of the City of Denton to institute and complete condemnation proceedings to acquire a drainage easement, as more particularly described herein, and providing for the payment of cost of condemnation by Strata Properties, Inc., in accordance with the terms and conditions of said agreement attached hereto. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. r V i PASSED AND APPROVED this the day of , 1988 ~rr A, 1, r , KAYCR ATTEST: jENNIFER WALTER$, CITY SOMM h APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I 1 SY i i s i l` t ,r T Tr k l , ii I I k t ra' I 1 rr i 6 I 4. Tr ~5. ~r! f I h N ~409L r ' THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON, STRATA PROPERTIES, INC., AND DAN C. COUNTY OF DENTON § COFFEY AND JEFF ROBB, ATTORNEYS AT LAW l WHEREAS, Strata Properties, Inc., a Texas corporation with Il offices at 525 North Locust Street, Denton, Texas 76201, has received approval from the City of Denton, Texas, a municipal corporation with offices at 215 East McKinney, Denton, Texas, to construct and develop a residential development in the City of Denton, Texas; and WHEREAS, pursuant to the City of Denton's Code of Ordinances, Strata Properties, Inc. is required to provide for and pay the cost of all off-site stormwater drainage easements and facilities necessary to serve its development; and WHEREAS, Strata Properties, Inc. has been unable to purchase at fair market value the storm drainage easements necessary to provide for the off-site drainage facilities required to be made; and WHEREAS, Strata Properties, Inc, has requested, in accordance with .he ordinances of the City of Denton, that the City use its power of eminent domain to obtain the off-site drainage easements so that the required drainage improvements may be completed; and WHEREAS, the condemnation of the land for off-site drainage improvements would be in the public interest and for a public purpose; and WHEREAS, the City of Denton wishes to retain the legal services of Dan C. Coffey and Jeff Robb, Attorneys at Law of Denton, Texas, i to act on behalf of the City of Denton to acquire by condemnativi the necessary drainage easements, the costs thereof to be paid in accordance with this agreement; now, therefore, WITNESSETH: This agreement made this day of , 1988, by and between Strata Properties, nc. ("Strata , t e ty of Denton, Texas, ("City") and Dan C. Coffey and Jeff Robb, Attorneys at Law ("Attorney"), in consideration of the mutual covenants and ` promises of each, agree as follows: F' 1. Attorney's Services. City agrees to retain the legal ser- vices of Attorney to act on behalf of City to institute and com- plete proceedings in eminent domain to acquire an off-site drainage easement to allow for the completion of required stormwater drain- age improvements requ4.,red by Strata to serve its development in accordance with the *,lat and plans approved by City. The land to be condemned is described in Exhibit A f, 8 attached hereto and incorporated herein by reference. I f ~ I i f 4 F After approval of a resolution authorizing the condemnation and serve pallvpetitions A motions, notices, andalother ne necessary docu- ments and take all actions as required by state law to Wtiate, prosecute, and complete to final judgment the condemnation herein yy authorized, so that upon final judgment City will be vested with f an easement for drainage purposes, unencumbered by the claim of ` any person. Attorney shall not initiate any appeal from the award of the Special Commissioners except upon approval of the City. Attorney shall promptly tions, papers or other courtrdocuments fileedcinithe ocondemnation action authorized and all other correapondence, letters, or other documents delivered to any person to effectuate the condemnation. 2. Approval of Appraisers and Appraisal Reports b Cit . Strata ana Attorney shall obtain- tie prior written approve o t e City prior to making use of any appraiser or appraisal report for any purpose related to the condemnation authorized herein, includ- ing the use of such appraisers or reports for negotiations with the landowners of the property to be condemned, or as evidence of F the market value of the land to be condemned as submitted to the Special Commissioners or the court or jury at trial upon any appeal of the Special Commissioners award. 3. Payment of Acquisition Coat b Strata. All fees of Attorney, ZILIng eem an court costs, ommissioners' fees, appraiser and witness fees, recording fees, the award of the Com- missioners, of the amount awarded by the court or jury upon trial from appeal of the Special Commissioners' award, or any other cost, expenses, and fees related to the condemnation authorized by this Agreement shall be paid by Strata. 4. Hold Harmless. Strata agrees that the acquisition of land provide or in t e Agreement is for the sole purpose of allowing Strata to complete necessary off-mite drainage improvements as required by City's ordinance to handle mtormwater drainage from its development project. Strata shall not make any claim against City for any loss or damage suffered or incurred by Stre:a as a result of any interruption or delay in condemning or acquiring any property necessary for Strata to complete any required off-site storm drainage improvements resulting from any legal challenge to the right of City to condemn the land Specified in thia agreement, delays resulting from Attorney's performance or nonperformance of this agreement, or an other delay which results from any cause not within the reasonable control of City. 5. Entire Agreement. This instrument contains the entire agreement Latweenfit the parties, and no statement, promise, or inducements made by any party or agent of any party that is not contained in this written contract shall be valid or binding; and this agreement may not be enlarged, modified, or altered except in writing signed by all the parties and endorsed hereon. PAGE 2 J t' I I1 1 6. Venue. Any action at law, suit in equity or judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the courts of Denton County, Texas. ,7. Assignment. It is agreed by the parties that there will be no assignment of agreement without the written consent of all other parties. EXECUTED on the date first above written. I CITY OF DENTON, TEXAS I BY. RAY STEPH%RSI MAYOR ATTEST: JENNIFER WALTERS, MY 9ECRETARY r APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY fi BY: STRATA PROPERTIES, INC. BY: DAN C. COM Y AND JEFF ROBB ' ATTORNEYS AT L.A'A ILI j BY:/",) PAGE 3 J y EXHIBIT "A" i All that certain tract or parcel of lend situated in the Robert Beaumont Survey, Abstract Number 31, Denton county, faxes; said tract also being' pact of a tract shown by dead to Denton Center i Joint Venture as recorded in Volume 993, Page 369 of the Deed of Records, of Denton County, Texas, and being more fully described f as follower described heforerinthe a pointhInsthe northrline easemen Center tract which bears North 89 degrees 51 minutes 50 seconds ?lest a distance of 72.52 feet from the northeast corner of Said Denton Center tract= Thence South 00 degrees 08 minutes 10 seconds West, a distance of i 15.00 feet to a point from the Southeast corner of the herein described easements Th4ace North 89 degrees 51 minutes 50 Seconds West, parallel with i and 15.00 feet in a southerly direction from the north line of said Denton Center tract, the same being the South line of said Ev. Lutheran tract, a distance of 655.00 feat to a point for the southwest corner of the h;lrein described easements i Thence North 00 degrees 08 minutes 10 aeconds East, a distance of 15.00 feet to a point for the northwest corner of the herein described ease.aenti said point also being in the north line of ' said Denton Center tract, and the south line of said Ev. Lutheran I tract] Thence South 89 degrees 51 minutes 50 second East, along the north line of said Denton center tract, and the south line of said Ev. Lutheran tract, passing at 625.00 feet, the southeast corner of said Ev, Lutheran tract, thD same being thn northern southwest corner of a tract shown by dead to Denton Properties Ltd., recorded in Volume 1553, page 510 of the Denton County Real Property Records, in all a total distance of 655.00 feet to the Point of Beginning and containing 0.226 of an acre of land. I ,f I 1 EXHIBIT i All that certain tract or parcel of land situated in the Robert Beaumont Survayo Abstract Number 31, Denton County, Texnsl said tract also being part of a tract shown by deed to Denton Center Joint Venture as recorded in Volume 9931 Page 369 of the Deed Records of Denton County, Texas, and being more fully described as follows: Beginning for the northeast corner of the easement being described herein, a point in the north line of said Denton Center tract which bears North 89 degrees 51 minutes 50 seconds West a distance of 60.52 feet from the northeast corner of siid Denton Center tracts Thence South 00 degrees 08 minutes 10 seconds Went, a distance of 27.00 toot to a point for the southeast corner of the herein described eaaoments Thence North 89 degross 51 minutes 50 seconds West, parallel with and 27.00 test in a southerly direction from the north line of said Denton Center tract, the came being the south line of maid Ev. Lutheran tract, a distance of 667.00 feet to a point for the southwest corner of the heroin described eaaemonti Thence North 00 dogroes 08 minutia 10 seconds East, a distance of 12.00 toot to a point for the northwest corner of the herein t described easomenti said point also being the southwest corner of a 15 toot drainage easement described in the attached Exhibit RANI Thence South 89 degrees 51 minutes 50 seconds East, parallel with and 15.00 feet in a southerly direction from the north line of said Denton Center tract a distance of 655.00 feet to a point for an inner ell corner of the herein described easomentj Thence North 00 degrees 08 minutes 10 seconds East, a distance of 15.00 foot to a paint in the north line of said Denton Cantor tract and the south line of a tract shown by died to Denton Properties, Ltd., recorded in Volume 1553, Page 510 of the Denton County Real Property Aecordsl same point being the northeast corner of a 15 foot drainage easement described in the attached Exhibit "A"s Thence South 89 degrees 51 minutes 50 seconds East, along the north line of said Denton Properties Ltd., tract a distance of 12.00 foot to the ~,oint of aoylnding and containing 0.188 of an acre of land. i' i 1 f 2409L A • RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACQUISITION OF A STORMWATER DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for the acquisition by the City of Denton of a stormwater drainage easement in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree with the `a owners upon the value of the drainage easement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIT' OF DENTON: r: + SECTION 1. The City Council hereby finds and determines that it is necessary to acquire a etormwater drainage easement in the { hereinafter described land by proceedings in Eminent Domain. c SECTION II. That Dan C. Coffey and Jeff Robb, Attorneys at Laws acting on behalf of the City of Denton, are hereby authorized and directed to bring condemnation proceedings to obtain a etormwater drainage easement in, over, and under the land situated j in the City of Denton Texas, described in Exhibit "A" and "B", attached hereto and Incorporated herein by reference, for the' purpose of constructing, reconstructing, repairing and maintaining a etormwater drainage easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after to ate of passage. PASSED AND APPROVED this the day of 1988. i , MAYOR ATT:STi sd+ JENNIFER- 1 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY An ORNEY By., UbeL~ EXHIBIT "A" All that certain tract or carrel of land situated in the Robert Beaumont Su rveyr Abstract Number 31, Denton county, Texasl said tract also beincf Dart of a tract shown by deed to Denton Canter Joint Venture as recorded in Volume 993, Page 369 of the Deed of Records, of Denton County, Texas, and being more fully described as followst Beginning for the northeast corner of the easement being described herein, a point in the north line of said Denton Center f tract which bears North 89 degrees 51 minutes 50 seconds West a distance of 72.52 feet from the northeast corner of said Denton Center tracts Thence South 00 degrees 08 minutes 10 seconds Wesc, a distance of 15.00 fast to a point from the southeast corner of the herein described eaasmentt Thence North 69 degrees 51 minutes 50 seconds West, parallel with and 15.00 feet in a southerly direction from the north line of said Denton Center tract, the Same being the south line of said j iV. Lutheran tract, a distance of 655.00 feet to a point for the southwest corner of the herein described easamentt Thence North 00 degrees 08 minutes 10 seconds test, a distance of 15.00 toot to a Point for the northwest corner of the herein described easamentt said point also being in the north line of said Denton Center tract, and the South line of said Ev. Lutheran traatt Thence South 89 degrees 51 minutes 50 second East, along the north line of said Denton center tract, and the south line of said Eve Lutheran tract, Passing at 625.00 feet, the southeast corner of said Ev. Lutheran tract, the some being the nortnern southwest corner of a tract shown by deed to Denton Properties Ltd., recorded in Volume 1553, page 510 of the Denton County Real Property Records, In all a total distance of 655.00 foot to the Point of beginning and containing 0,226 of an acre of land. i f :1 I N ' EXHIBIT "B" All that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31P Denton County, Texas: said tract also being part of a tract Shown by deed to Denton Center Joint Venture as recorded in Volume 993, Page 369 of the Deed Records of Denton CountyP Texas, and being more fully described as follows: I Beginning for the northeast corner of the easement beir3 described herein, a point in the north line of sold Denton Center tract which bears North 89 degrees 51 minutes 50 seconds West a distance of 60.52 feet from the northeast corner of said Denton Center tract: Thence South 00 degrees 08 minutes 10 seconds West, a distance of 27.00 test to ■ point for the routheast corner of the heroin described easement: Thence North 89 degrees 51 minutes SO sacond• west, parallel with ~ and 27.00 fast in a southerly direction from the north line of said Denton Center tract, the Same being the south line of sold f! Eve Lutheran tractr a distance of 667.00 toot to a point for the southwest corner of the heroin described samementt E , Thence North 0^ legroom 08 minutes 30 seconds East, a distance of 12.00 fast to a point for the northwest corner of the heroin described sassmentt said point also being the southwest corner of a 15 foot drainage easement described in the attached Exhibit 1 "A•t i Thence South 89 degrees 51 minutes SO seconds East, parallel with and 15.00 foot in a southerly direction from the north line of said Denton Center tract a distance of 655.00 test to a point for an inner ell corner of the heroin described easements Thence North 00 degrees 08 minutes 10 seconds East, a distance of 15.00 feet to a point in the north line of said Denton Center tract and the south line of a tract shown by dead to Denton lroportles, Ltd., recorded in Volume 1363, Page 510 of the Denton County Real Property Recordmt same point being the northeast corner of a 15 foot drainage easement described in the attached Exnllalt 'A"t Thence South 89 degrees 51 minutes 50 seconds East, along the north line of said Denton Properties Ltd., tract a distance of 12.00 foot to the Point of Beginning and containing 0.188 of an act@ of land, r ~ T i fi -LA f -T- T-r 1 E f Y HMrr6 I Il i i r r i j I j h I ,f i I f~ 1y, CITY of DENTON, TEXAS MUNICIPAL BUILOINO / DENTON, TEXAS 78201 /TELEPHONE f8 t7)508.8301 r office of the City Meneper r,L19Uh A NDUM , 'TO: Lloyd Harrell, City Manager FROM. Rick Svehla, Deputy City Manager DATt: August 10, 1988 SUBJECT: ACME PIPELINE AGREEMENT ~ } y* In 1958 the City of Denton held an election to decide whether to permit Acme to lay its own gas line across City streets to obtain gas from Sot!thwestern Gas Pipeline, Inc, the election t a did pass narrowly, and Acme was granted that permission. In the subsequent years there have been agreements that allow Acme to continue to use this pipeline particularly where it crosses City streets. The last agreement was passed by the Council in 1983 and I extended to July of this year. Acme has been working with our s Legal staff v.i a new agreement for the coming years. You will note that this new agreement fo?lows the basic franchise types of agreements. It is very similar to the LDX franchise that the Council granted for Fiber Optics within the last couple of years. We have investigated all of the line and where It crosses City streets. To date, the only street crossing that Acme's line makes is at Hobson Lane. It crosses approximatelyy 60 feet of right-of-way. If we apply the same rates as the LDX franchise and include administrative charge, $100 would cover the franchise costs for Acme. The terms of the agreement also limit Acme's crossing to Hobson only. The staff would ` recommend the agreement to the Council. ' a If you or the Council has any further questions, I would be happy to try and answer them. o4? kI~ c ve a RS:nb/4177M 1 ,Y t 1 r T `.sue . w~r~wr ~ I" V i 1 f d OFFICE OF THE CITY ATTORNEY MEMORANDUM jc TO: Rick Svehla, Deputy City Manager FROM: Joe D. Morris, Assistant City Attorney I SUBJECT. Proposed Franchise with Acme Brick DATE: August 4, 1988 yf Attached is the proposed franchise with Acme Brick, Please review and respond with any changes or comments you may have. P a I believe Jeff Bodely of Acme Brick expects the franchise ordinance on the next Council meeting. Normally, I would i recommend that it be sent to Mr. Bodeey for his review before we put it on the agenda so that any problems Acme may have with the j franchise can be worked out before being placed on the agenda. O WW1 vw~, E D. r MORRIS 9. `u JDM! xc: [Lloyd V. Harrell, City Manager Roger Wilkinson, Right-of-Way Agent Attachment x • & APPROVED: DEBRA . DRA I C 30111 2445L NO. AN ORDINANCE GRANTING A FRANCHISE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; I PROVIDING FOR A FRANCHISE FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Denton requires any person or corporation making use of or occupying any City street, right-of-way, or public grounds to receive a franchise for such N use or occupancy; and WHEREAS, by Ordinance No. 83-86, Acme Brick Company, a Texas Corporation, was granted the right to install, maintain, and operate a natural gas pipeline within the street right-of-way of the City of Denton until July 1, 1988; and WHEREAS, Acme Brick Company has requested a renewal of its franchise right to maintain and operate the existing pipeline within the right-of-way; and i WHEREAS, the City Council of the City of Denton, Texas, has determined that it is appropriate to grant the following fran- chise to Acme Brick Company in accordance with the terms thereof; NOW, THEREFORE; 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I i SECTION I. PURPOSE A. The City of Denton, Texas, ("City"), grants to Acme Brick Company ("Acme"), the right and privilege to construct, recon- struct, replace, maintain, use, and operate within the public right-of-way of City all necessary or desirable pipelines or other structures or appurtenances ('Facility" or "Facilities") in connection with a pipeline system for the purpose of conveying natural gas, subject to the conditions of this ordinance. ' B. The rights and privileges herein granted to Acme shall not give Acme any exclusive right to the use of any portion of the public right-of-way and City may grant ov permit any other party to make use of any public right-of-way, subject to the rights granted to Acme herein. i } :t C r r i I SECTION II. LOCATION OF SYSTEM AND FACILITIES i1 A. The franchise granted herein for the Facilities is only for the use of that portion of the public right-of-way crossing Hobson Lane amd extending for a length of approximately SIXTY f (60) feet, as shown in Exhibit "A", attached hereto and incor- porated hereir, by reference. B. City reserves the right to construct, reconstruct, repair, alter, and ley and permit to be laid, sewer, gas, water, electric, and cther cables, conduits, pipelines, and lins and to do and permit to be done, any underground, surface or overhead work that may 'ae deemed necessary or proper by City, in, over, I under, along, and across any public right-of-way occupied by the Facilities of Acme, including any change of any curb, sidewalk, or grade of any street. In performing, permitting, or requiring such work, City shall not be liable to Acme for any damages however caused, whether by the negligence of City, its agents employees or otherwise; provided, however, nothing herein shall relieve any other person or corporation from liability for damage to the Facilities of Acme, except as otherwise provided for herein. i C. Whenever by reason of changes in the location, grade, or width of any street, alley, sidewalk, curb, or other feature of any public right-of-way or property, or the location or manner of ' constructing any water, gas, sewer, pipelines, conduits, or any other surface or underground structure for any purpose whatsoever that shall be deemed necessary or required by City, whether undertaken by City or another party, Acme shall, when ordered by City in writing, relocate, alter, change, adapt, or conform the Facilities to accommodate the changes deemed necessary or required, without compensation or reimbursement to Acme; provided that Acme will not be required to completely remove its Facilities from the public right-of-way. SECTION III. TERM This franchise shall have a term of ten (10) years, beginning from the effective date of this ordinance, unless otherwise terminated for any bLesch or default as provided for herein. SECTION IV. FEE A. Acme shall pay to City an annual franchise fee of $100.00 The firstf ppuse the annual paym nt shallubei due gandopayableewithinrthirty. (30) days of the effective date of this ordinance, and each successive annual payment shall be due and payable on or before the successive annual anniversary date of this ordinance. PAGE 2 f, B. The franchise fee provided for in Section IV shall be exclusive of and-in addition to all other permit, inspection, or other fees or payments that would be applicable to Acme, as required or provided for in any other ordinance, or any other taxes or assessments that may be levied as authorized by federal or state law. SECTION V. REGULATION OF CONSTRUCTION i A. That Acme shall obtain a right-of-way work permit and any other required permits, as specified by City's ordinances, prior to beginning any construction, reconstruction, or other work that IIIJ will require any digging, cutting, excavation, or tunnelling in, E under, or across any public right-of-way. Any permit fees, inspection fees, or other fees established by ordinance, shall be paid by Acme, and shall be in addition to any other fees provided for in this ordinance. B. All work performed in the public right-of-way shall be performed so as to minimize interference or disruption of the use thereof by the public, in accordance with the directions of ' City's authorized personnel. Acme shall comply with all other I construction or permit requirements of City and the reasonable directions or orders of City's authorized personnel as to the hours of construction work, barricading requirements, tra W c control and safety measures, and any other related directions cr orders which are imposed to insure the protection of the public. C. In emergency situations, Acme may begin work within the public right-of-way without first receiving the required permits, but shall after beginning the work, apply for the required permits thereafter within twenty-four (24) hours or as soon thereafter as is reasonable possible during the business hours of City. Any emergency work performed prior to obtaining the 1 required permits shall be in accordance with the ordinances and regulations applicable to work performed under the required permits. An "emergency situation" shall only include the work on the Facilities which is immediately necessary to restore normal operations of the Facilities after unexpected disruption and which was not part of any planned or anticipated construction, repair, replacement, reconstruction, or maintenance program. D. City shall have the power at any time to order and require Acme to remove or abate any of the Facilities, or condition 3 thereof, that are dangerous to life or property, and in case Acme, after written notice, fails or refuses to comply wit', the order within the time specified, City shall have the power to remove or abate the dangerous condition at the expense of Acme and without liability or compensation for damages to Acme. F PAGE 3 1 1 F SECTION VI. RIGHTS IN THE EVENT OF ABANDONMENT If City closes or abandons any portion of the public right-of-way or property which contains the Facilities of Acme, any conveyance or transfer of title or interest in the public right-of-way shall be subject to the right of Acme to continue to operate and maintain its Facilities therein in accordance with this ordinance. SECTION VII: INDEMNITY A. Acme shall indemnify and save and hold harmless City, its officer, employees, and agents from and against all claims, losses, damages, causes of action, suits and liability of every r kind, including all expenses of litigation, court costa, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the erection, construction, location, replacement, reconstruction, repair, maintenance, or operation of Acme's Facilities regardless of whether the injury, death, or damage is contributed to by the } negligence of City, its officers, agents, or employees, except that the indemnity provided for in this paragraph shall have no application to any claim, lose, damage, cause of action, suit, or a liability resulting from the sole negligence of City, its officers, agents, or employees. B. Acme shall not make any claim against City and City shall not be liable to Acme for any damage to the Facilities, whether actual or consequential, howsoever such damage shall be caused, whether by the negligence of City, its agents, employees, or contractors, or otherwise. ; C. Acme shall not have or make against City any claim or demand for or on account of any damage Acme may suffer or sustain because of any failure City's title to the public right-of-way and lands occupied by the Facilities, or any part thereof, D. Any claim made by Acme against any property owner adjacent to the public right-of-way where the Facilities are located for negligence in the manner of constructing any improvements or performing any work within the public right-of-way, when the improvements or work are authorized by City, shall be limited to actual damages to the Facilities, and no claim for consequential damages shall be made, SECTION VIII. RECORDS Acme shall keep complete and accurate maps, construction drawings, and specifications describing the location of the PAGE 4 I i Facilities within the public right-of-way, copies of which shall be supplies to City upon request. SECTION IX. Nur1CE Any notice or communication required to be provided under this ordinance shall be sent as follows: I Notice to City will be to: Notice to Acme will be to: City Manager Jeffrey S. Bodley City of Denton, Texas Real Estate Manager 215 E. McKinney Box 425 Denton, Texas 76201 Ft. Worth, Texas 76101 SECTION X. ASSIGNMENT k All of the rights, privileges, obligations, duties, and, liabilities created by this ordinance shall pass to and be bindiLg upon the successors of City and successors and assigns of Acme. Acme shall not, however, assign or transfer its rights or obligations hereunder to any other party without the pprior written consent of City, un..jss the transfer or assignment is to a transferee parent, subsidiary, affiliate of Acme and, in such case, the obligations of Acme nhereunder ~and to be writing, to assume the same extent as Acme hereunder. SECTION XI. FORFEITURE A. If Acme should violate any of the terms, conditions, or provisions of this ordinance or if Acme should fail to comply with any reasonable provisions of any ordinance of City regulating the installation, maintenance, or operation of the Facilities and should Acme continue to violate or fail to comply with the same for a period of thirty (30) days after Acme is notified in writing by City to correct or remedy the violation or failure as specified in the notice, then Acme shall be declared to have forfeited all rights and privileges granted by this ordinance as provided for herein. B Any forfeiture shall only be declared upon written decision of the City Council of City after a public hearing ` before the Council at which Acme shall be given notice and an opportunity to respond and be heard as to the alleged violation a or failure to comply. Facilities nfrom ftheu public mrightlof-waym and reatoru thall of its e surface PACE 5 I Y! I thereof to the same or better condition as existed prior to removal, all at the sole cost of Acme. SECTION XII. MISCELLANEOUS A. The obligations and undertakings of Acme and City under this ordinance shall be performable in the City of Denton, Denton County, Texas. B. This ordinance shall be governed by the laws of the State of Texas. C. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of City; this ordinance shall not operate to repeal or affect any of such other ordinances and insofar as the provisions thereof might be inconsistent or in conflict with t'ie provisions of this ordinance, the provisions of this ordinance shall govern and control o,,er such conflicting provision as to any provision of this ordinance. D. Continued performance by either party pursuant to the terms of this ordinance after the default of any of its terms, shall not be a waiver of any right to cancel or cause a for- feiture of any right held under this ordinance, and no waiver of any default shall be construed or act as a waiver of any subsequent default. SECTION ,-X.111. APPROVAL AND ACCEPTANCE In accordance with Section 13.02 of the City Charter, this ordinance shall become effective twenty-one (21) days after final approval, if before that date, Acne shall give its written acceptance of this ordinance by signing as provided below; and provided that, after final approval and before the expiration of twenty-one days, the full text of this ordinance shall be published once each week for two (2) consecutive weeks in the r official newspaper of City, the expense of which shall be borne by Acme. Acme for itself, its successors and assigns hereby accepts this ordinance and agrees to be bound by all of its terms and provisions. SIGNED this day of , 1988. ACME BRICK COMPANY BY., r PAGE 6 4 u i PASSED AND APPROVED ou first reading this the , 1988, by a majority vote of the entire - ty Council da of o te ty of Denton, Texas, f CITY OF DENTON, TEXAS i ti ATTEST: ; ~ F i I ER W , CITY STMMM L, + PASSED AND APPROVED on second reading this the da of 1988, by a majority vote of the entirety Council o t e ty of Denton, Texas. CITY OF DENTON, TEXAS 4: } I f I I P ' 1 . a ATTEST 11 k 7EANI APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 7 v i I i J + r--- Q - - IL_- ....1 LO CONCEhhY ~~~VrcC-sTweoa ~I I i t KWGS- _T` 1000 1 ~ L1~/:~ cMA,hnppJ' - Ls- pA01a s A4%& tfiak f•1N J ll! 'f = t • Q- ir`rAA~rs" r SKTIARX Oro Vc (T ~ sANp►p[p ddvE ACMa L1s10 ~ ~ f H08SON _ ! 137.88 r, ~~G>n 1440+08 cif r 1^ cT. LA~. AS HGwvIE■ LT. w h' W.Wev ~ o ,OYTI! O T MEN 4 YO QCITO ~ p RJ14tT RID ~ ~s► s HI I LNG MILS CL cIELITC EL PASEO ,r r i Y • •.......,....1 T OW AN y - SUASTWI AN4.1 SANT4MA fA1QSM R. Exhibit "A" RYAN One* of Two Pages I I I. f r: iHc. a11F0 " loot" yrr ~aN 451 CM , r • R in M,.,r t lava rpyNf P, woe v u 08SON IM 14 i eF o ItarroN V Foa wlocruno ~ - - - s 1 140 7s0 Io C BL Its - 11026 I MIL 015 125.0 1270 o I e d lo'; 1t~2' eL > s '96.21 ,11 C' \ a NV E r N ~s os a"F L i~• 8 0 i. 7 t 8 5 _ ©4 r 3 0 2 I j S I 35156' N 1 ml 4 r O ' 35 el I Xi CAST 9 ddg e16 1 27~ o yi Z -3t FMn' 2 Fi ° - r N 46M4fEw - - - U#lG4E G~yr { 670 23.E 125 17 0 0 750 366e ~s'!8 Q7 ~ 52 1 De w FA( y 3 40 4 l 75, . 5 F L 61 a P ' - 10 g 10 c 9 8 0 7 r 6 n S 4 n N 3 H ~p e _ - W ;1lOle I _:R 1370 1250 1270 1150 1270 1200 * 1365 1d 20076 I r l O J 2 000 SC 1) 9 O r II . ..3 « o n o 0 o C 0 15 ,rF►o , ' m n 4 II o, 12 13 0 14 +►,`es 3J f„ ry WO'-fb r j . 35' B L 47 :I 1 I ` ISSIO mo 1290 1250 12 m, r +aw~w . _F►FT 3963 cauar T Y I 6 0 e n' - e5 - 1750 1250 1280 ; n 1 I ` 150,!! ..I 1 . -..a l , fl mI o Ia''. NSiI ' S11t1 tl I I ddr _ 2 ' li 13. r Iit 22 21 °g 20 19 - 18 ~o•!a1 I I d 6 R f U50 1270 1250 1250 2000 700 = 14224 'V Y d 1 e1~7r : tow ) b i 14 8 23 24 26 0 27 ° 28 Al s3' eNIT I 12 0 leo Exhibit "A" - Ono of Two Pages I r r I ' `.S MUNICIPAL BUILDING July 11, 1367 ~j Regular meeting of the City Council, City of Denton, Texas, Tuesday, July It, 1367 at 7;00 p.m. in the MurIcipal Auditorium, Present: Maur 2eke Martin, Warren Whitson, Jr., L. A. Nelson, 1. T. Jones, Jr., Marvin Loveless, City Manager, City Attorney, City Secretary, Director or Community , Development. moti tlhe meetAlnq of June 27 and he sp'e tat mee~i goof June n29, that 1967 h be approved. to Include the carried, Motion 2• Visitors: a. Mr. B:mette Henry, e, Inc, Vlce President of AcmeasBrick Com an _ ment relative to Acme's position on the request of Southwestern Gas Pipel n a for g ae p Piearmii IrltntoDentn croo s sCity streets in Denton 11 order to deliver g to the AcmPe Brick Company , Mr. Henry was followed by Leland Carter, Vice President of Southwestern Gas Pipeline, Inc., who a! read a statement, L'I Mr. John Perryman, Director of Area Development of Lone Star Gas ComPanY, followed with a statement from his company, Mr. Perryman asked Mr, Neil Parrott, Chief Engineer i U of Lone Star Gas, to answer a question by Councilman Whitson concerning the probable yearly rate increase for Lone Star Gas customers in Denton If the Acme Brick account was Jost, Mr. Parrott stated It would average 63, 50 per yea; per customer. ('The written statements of the above mentioned men are filed In packet 45e9 of the -Ificial files of the City of Denton,) The Mayor advised that the Council would make a decision on the request of Southwestern Gas Pipeline, Inc, and give all parties concerned a complete report. b• Or, Ector Roberts, representing the Der,t;n American Legion Post, asked the Council the following questions relative to a settlement agreement between the City and the Lepton: (I) Would a new American Legion building location be sultably zoned by the city? (2) If the American Legion building is conatructad in the City limits, would the City extend utilities to the building site without cost to the American Legion? (3) Could the American Legion property be tax free r~r a period of 15 years? t A motion was made by Loveless, seconded by Whitson to authorize the Mayor to sign all agreement with the American Legion fore settlement of $50, 000 for the present Legion Hell If, the Civic Center, with the provision that when a site Is located by the Legion for a i new building, a Council decision could be made on the a-oralirequest, Motion carried, 3• Petitlonsi t i t a• A public hearing was held on the petition of T. L. Caruthers requesting that the zoning classification of property described as City lots I and 2, Block 349 located on the south side of Greenlee at IH35£ access and McCormick Street changed from the "A" Dwelling District to the "LB" be Local Business District, After hea Including a sworn statement by Wallace Sparkman real estate broker, and opponents,the { Mayor closed the p&Ic hearing. After considerable discussion, a motion was rmade by Jones, seconded by Whitson to table the petition until the next regular meeting In order to inspect the lane of the station and proposed fencing in the rear of the station. Mason carried with Loveless abstalhing, b. A public hearing was held on the petition of the City of Denton requesting that the toning classlfication of property described as City lots 6 and 1, Block 30310 located on the south and north sides of Airport Road, west of the Santa re railroad tracks be changed from the "R" Dwelling District to the "Ll" Light Industrial District. The Mayor opened the public hearing and relinquished the Chair to Dr, Hugh Ayer, Lha;rman of the Planning and Zoning Commission, who called the meeting to order, I , s 1 ' t ;t MUNICIPAL BVILDf:cG 7 1 December 19, 1967 Mr. Darwin reviewed th? request of Acme Brick and a eked for a vote indicating the intent of the Council, Mr. L, B- Hulcy, Vice President of Lone Star Gas Company, stated to the Council that his company opposed the request of Acme Brick Company. He stated that granting this request would not be in the best interest of all Denton citizens and that this competition was unfair to the clUtens because the gas rates would reflect this loss of business. Councilman Loveless read an editorial published in the Denton Record Chronicle relative to free enterprise. A motion was made by Loveless, seconded by Jones, that the Council grant this request of Acme Brick Company, and Instructed the City Attcrney to draw up an ordinance to be submitted at the next two regular Council meetings. Councilman Whitson stated that the Council certainly appreciated Acme Brick as an industry In Denton, and that he could certainly understand how Acme felt, but by the 1t same token Lone Star Gas had been granted a franchise to operate in the City of Denton and serve the citizens of Denton and allowing Southwesterr. Gas to operate in Denton -,3 could cause the rates of Denton citizens to be Increased. Motion carried three to two, t N with Councilmen Jones, Loveless .ndStartin voting "aye", Councilmen Whitson and I a;r Nelson voting "no". Motion tamed, f V Mr. Hulcy stated that Lone Star Gas felt that the peop,a should have an opportunity to express themselves. 1 b. Dr. H. W. Kamp, Jr. presented a !letter, signed by a group of citizens supporting the Charter, re:atlve to the motion mode by Councilman Loveless at a previous meeting regarding budgetary procedures. Councilman Loveless stated that he was strongly in favor of the Council-Manager form of government, but that rome opposition to this form of government still exists in Denton and requested Dr. Kamp to meet with him to discuss this further, C. Dr. H. E. Roberts presented a copy of the Denton Record Chronicle dated June 13, 1967, with headlines reading that a petition signed by 1, 000 citizens iequested a check of City finances, and that the City engage an auditing firm to see if money had been spent as it had been Intended, d. Mr, Frank Medarti:h, First Southwest Company, presented bond schedules to the City Council for the sale of bonds January 23, 1968, A motion was made by Loveless, seconded by Jones to authorize the advertisement for Notice of Sale of Bonds for $1,000,000 , General Obligation Bonds and $1,000,000, for Electric Revenue Bonds, On roll call vote Nelson voted "aye", Whitson voted 'aye Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion tamed. 4. Petitions: a, Case 21006 A public hearing s.os held on the appeal of lack Ball's zoning petition requesting that the aonlng classificatlon of property described a , City lot 19, Block 432, located at 418 Congress Street be changed from the "D" Dwelling District to the "A-2" Dwelling District. Jack Bell spoke in favor of the petition and submitted a letter agreeing to meet with the City Council to see how much of this property would be needed for street right of way, and that he would build no structures on this property designated for future right of way. " George Ritter, representing Mrs. J. E. McCrary and several other ad;acent property owners, stated that the property owners opposed the zorang che, s because Congress Street was narrow and a traffic hazard now exists end to change trio zoning of this property would create more hazardous conditions ii. Als area, A motion was made by Jones, seconded by Nelson that the petition be tabled until the right of way problems can be worked out. Motion carried. b, Case Z1007-- The appeal of Ruby Souls Allen, at al, was postponed as requested by the petitioner, T 6 NIUNrCIPAL BUILDING January 9, 1369 aRegtula0 J;0rprn.emetlInqnofthethMeuniCitycipCaloAunucidilto, Clty of Denton, Texas, Tuesday, January 9, 1?63, , rium. Present; Mayor Zeke Martin, I. T. Jones, Jr., Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, CityAttorney, Director of Community Development, City Planner, City Secretary, I I • A motion was made by Whitson, seconded by Jones that the minutes of the special meetin7 of December 19, 1967, be approved, Motion carried. 2. Blds; a, L'd No. 67-68-12 1968 4-door Station Wagon A motion wai made by Loveless, secona, n by Jones that the bid be awarded to Williams Motor Company of Denton at a low bid of Si, 173,41 with trade. Motion carried, b. Bid No, 67-71-12 Seven 1968 Police Cars A motion was made by ``!y Whitson, seconded by Nelson that the bid be awarded to Bill Utter Ford Company of ;I Denton at a bid of $10,960 with trade and meeting the City of Denton's specifics f Motion carried wit,i h,us abstaining, as $3,698.48 L; under that of Bill Utter Ford Company, but vehicles did r of meetyCity of Denton's 8.48 specifications.) Loveless voted "no". ` tVj 3 • Mayor Martin requested that the City Ma,.ager list streets In Southeast Denton that were and could be prated under the Street Assessment Program, He added that SOY* of the cost of paving be paid by the City and 50% by the property owners, and that 6035 of the city's cat be paid from the 1964 bond Issue and 40% be paid from the tecently palled City sales tax. He also stated that the property owner could have a flea year period to pay his share of the cost with no interest charges. A motion was made by Martin, seconded by Loveless that this recommendation be approved, Motion carried, 4. Visitors; a, Mr. John F. requested that the Co nc I akerthorough investigation before reaching a8i"I decision ny, j on the request of Acme Brick. Company to tie on to a line of S thwestern Gas Pipeline Company, Porter Henderson, 2515 Jamestown, and Edward R. Riley, TWU Professor, voiced conce n over the affect of an ordinance approving Acme's request and asked that the request be denied, Rill Derwin, Vice President of Acme Brick Company, suggested that the Council Inquire In other titles having Industries that purchase gas from sources other thanthe franchised gas company. He stated that Danton's Acme Plant had not been as profitable as it should be, partially due to cost of gas. A motion was made by Loveless, seconded by Jones that the ordinance be approved on this first reeding. Nelson voted "no". Whitson voted "ne", Jones voted "eye", Loveless voted "aye", Martin voted "aye". Motion carried, b. Mr. J, L. Coppedge, representing the Denton-Wise Soft and Water Conservation District, stated that signed agreamensfor fifteen projects have been submitted on the Hickory Creek watershed and that the two remaining projects In the northwest part of the City (Projects Number 16 endl7) have not yet been agreed to by the City Council. He added that if the City signs this agreement and later finds that funds era not available, the City would not be obligated to pay. He explarned Lhat all seventeen projects have been combined into one large project and with Its completion flooding conditions in Denton should be alleviated. A motion was made by Loveless, seconded by Jones that the Mayor and the City Secretary be authorised to sign said agreement if the City Attorney finds that the documents are In order. Motion carried. i , i MUNICIPAL BUILDING 1 February 13, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February I3, 1369, at 7x00 p.m, In the Municipal Auditorium, Presenu Mayor Zeke Martin, J. T. Jones, Ir.,Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, City Attorney, City Planner, Acting City Secretary, Absent: City Secretary, 1. A motion was made by Loveless, seconded by Whitson that the minutes of January 23, 1968, be approved with the correction as follows: The last lino In 6 (d) reads: A motion was made by Whitson, seconded by Loveless that these people be named to the Charter Committee to study the Charter and make necessary revisions. This motion should read: A motion was made by Whitson, seconded by Loveless that these people be named to the Charter Committee to study the Charter end recommend to the City Council necessary revisions. Motion carried. II f 2• Mayor Martin stated that editorials to news ti g had Ii+ been dlsc.issed with lack Barton, City Attorney, and he had requested ethat Barton illegal l .'3 opinion be read, Mr. Barton read and explained the state law relative to secret meetings. L; The newspaper state dthat one of theme secret meetings was held with the auditors, Peat, Marwick 6 Mitchell Company. V Councilman Jones explained the letter that he and two other Councilmen wrote to all residents of Denton regarding Acme Brick's franchise, Councilman Loveless read a letter relative to the newspaper's report of secret Council meetings, as well as the meeting hold with the auditors. Councilman Whitson explained that the audit report was in no way critical of the City of Denton employees. He reported that the auditors had made suggestions to improve the system. Mr, William Williamson, who lives in Westgate Park, stated that he felt the interest being shown in City government is for the betterment of the community. 3. Bids: a. Bid No, 67-68-12 4-door Station Wagon The City Manager explained that thls bid was being returned to the Council for further consideration since receiving the bid could not meet specifications A motion was a es the company I by Loveless that this bid be tabled until the next regular Council meeting, Motion carried. 4. Visitors; a, Dr, Eugene Wright, representing property to the paving of Inca, Creek and Nevada Str Streets in this subdivision. City Manager, Jack Reynolds, explained that the cost for paving these streets could be handled in one of two ways. (1) If the property Owner pays the total cost _ Party p y owners a cost wool and t d be he $City's share would be $480 for Intersections, adjust menhoIoa for pro (2) If the City pays one-thrld of , etc the cost, the City's coat property owner's cat would be !3, 416.60, would be $2,198.40 end the A motion wee made by Whitson, seconded by Jones that the City pay the cost of paving in front of the 4Qsting residences and the property owner pay the cost in front of 01 vacant lots, Motion carried, Mayor Martin requested that Dr. Wright secure names of property owners. b. Mr. Jim Taylor, representing the Optimist Club, appeared requesting utilities to property on Highway 71 which ham been purchased by the Club to build a new Optimist Gym, He stated that he had discussed this with the Director of Public Works, Jack Owen, and the approximate cat would be $3, $00 to $4,000 for 700 feet of ewer line and 400 feet of vroter line. A motion was made by Jones, seconded by Nelson to investigate this and get firm prices for the next regular Council meeting, Motion carried. a ~EE f-~ Ey 9 f, MUNICIPAL BUILDING February 27, 1368 Pids: (Continued) e. Electric Substation construction bid: A motion was made by Loveless, seconded by Whitson, to accept the recommendation of Black 6 Veatch, consulting engineers, and the Public Utility Board and award the bid to Reynolds Electric Co. at a low bid of 5146,900 and that the mayor be authorized to sign the contract. Motion carried, r 3. Visitors. +i a, Richard Taltaferro, representing a Chamber of Commerce group, appeared relative to the Council's decision on discontinuf perking meters t In the central business district on a permanent basis, A motion was made by Loveless, seconded by " the City Attorney to prepare the necessary ordinance discontinuing andstruet removing the parking meters permanently, effective May 1, 1969, Motion carried, y i A motion was made by Whitson, seconded by Loveless, to Instruct i the City Manager to advertise for bids to sell excess parking meters. Motion carried, b. Mayor Marti read the certification of petitions submitted by the City Secretary calling a referendum relative to the request of Acme Brick to lay a gas line under a city street, E Bill Derwin, Vice Presl.ent of Acme Brick, stated that he appreciated the consideration given to this matter and requested the Council I to call the election at the earliest possible data. f A motion was made by Loveless, seconded by Jones, to accept the certification of the petitions presented by the City Secretary, Motion carried, a Lor-i Star s, stated lack , can be made to setrthe daterof elfectlon, he Council true fiat vote to witthdraw the franchise ordinance allowing gas litres to he laid across city streets. I , A motion was made by Nelson, seconded by Whitson, that the ordinance specified In the referendum petition be repealed, The motion failed three to two with loveless, Jones and Martin voting "no". r: A notion was made by Loveless, seconded by Nelson, to set the J+ date of the election for April 2, 1969. Motion carried, >h' Mayor Martin suggested that nothing be added to this ballot but that utility and ga s prices be investigated in the very near future, r c, Mayor Martin read a letter from Rick Allenbrand, Denton High School Key Club, requesting permission to paint house numbers on turbo as a money- making project for the club. A motion was made by Whitson, seconded by Nelson, to grant No request, Motion carried, d. The request of Jahn Porter for a Jult claim deed for property located between West Oak and McKinney Streets, extending from Bolivar Street east, eighty (80) feet was considered. A motion was male by Jones, seconded by Loveless, that the quit claim deed by granted as recommended by the Planning and Zoning Commission and that the Mayor be authorlsod to sign the quit claim .teed. Motion cabled, 7 Ipp i ORDINANCE NO. 69---q t AN ORDINANCE GRANTING TO ACME BRICK C0b1PAVy, ITS SUCCESSORS AND ASSIGNS, CONSENT TO THE USE OF CERTAIN STREETS AND ALLEYS FOR GAS PIPELINE PURPOSES, THE COUNCIL OF THE CITY OF DENTO,N, TEXAS, HEREBY ORDAINS: SECTION I The City of Denton, Texas (hereinafter called "City"), hereby grants to Acme i Brick Company, a Texas Corporation (hereinafter called "Company"). its successors and assigns, consent to use and occupy the present and future streets, alleys, high- ii ways, public utility easements and public thoroughfares of City lying south and/or i west of the Acme Brick Company Plant, for the purpose of laying, maintaining, con- strutting, operating and replacing therein and thereon a pipeline and all other appurtenant equipment needed and necessary for the transmission of gas to such Acme Brick Company consent herein CityontaofiDedention, granted for anterm beginning gas supplier effectie suppliers. of thJs ordinance, and continuing until the firs day of July, 1983. SECTIOIQ II Company shall by, maintain, construct, operate and replace Its pipes, mains, ~ 1 laterals and other equipment so as to interfere as little as possible with traffic, and r shall promptly clean up and restore to an approximate original condition, at Its cost, ell thoroughfares and other surfaces which it may disturb, and Company shall promptly repair any Imperfect restoration which may be called to its attention by Clr . The location of all mains, pipes, laterals and other appurtenant equipment shall be fixed under the supervision of the City Council or an authorized committee or agent appointed by said t Council. 3ECTICN fII When Company shall maks or cause to be made excavations or shall place obstructions in any street, alley or other public place, the public shall be protected by barriers and lights placed, erected and maintained by Company, end In the event of injury to any person or damage to any property by reason to fthe construction, operation or maintenance of the gas pipelines of Company, Company shall indemnify and keep harm. less City from any and all liability in connection therewith, and shall furnish City with a certificate or other p.'oof of insurance covering and protecting City as stated in this Section, SECTION IY This consent ordinance shall be subject to all applicable regulatory and other authority of City contained In City's Charter, Code of Ordinances and the statutes and Constitutlon of the State of Texas, sl:crloN v I^ Company shall Ills its written acceptance of this consent ordinance within sixty (60) days after Its final passage and approval by City, and failure to do so within such period shall Immediately revoke and nullify this ordinance. PASSEDANDAPPROVED on first reading this the 9th day of January, A. 0, 1968. PASSED ANDAPPROVID ON second reading this the 23rd day of January, A. D. 1968. i /s/ Zeke Martin ATTEST[ Mayor, City of Denton, Texas /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton ACCEPTED: Clty Attorney, City of Denton, Texas ACME BRICK COMPANY ATTESTi BYr 1 J CFDINANCE N0, 69 - 16 AN ORDINANCE CANVASSING ELECTION RETURNS CF AN ELECTION HELD APR!( 2, 1968, TO DECIDE AN ORDINANCE REFERRED BY PETITION SV GRANTED TO ACME BRICK COMPANY CONSENT TO THE HlCH ORDiNA y ;E AND ALLEYS FOR GAS PIPE LINE PURPOSES, USE OF CERTAIN STREETS THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SE TON that the City Council officially finds and determines that an duly ordered to be held In the City Of Denton , electi 1 of April, 1968, for the purpoee of deciding De a Texas, on Tuesday on was the 2nd day Council which was referred b n ordinance passed p the City that proper notice of said election was t below; Y Petition, and Placed o given; 0-1 the ba that as Indicated duly hofficers were duty appointed prior to laid election; Proper the that said election was duly held; that due returns City of results of the sold election election In and acdelicordance delivered; and 7 windth lathewt, the Council has duly id election a said returns; dall e TO t r ' That the y Qualified City Council officially finds and determines that onl ' electors of said atty l following votes were ca were allowed to vote at said ; fvilowln Y resident, x st at said election for the election and the being no no other proposition receiving any vote, on this M f g proposition, there ballot: FOR the ordinance granting to Acme Brick Company J consent to the use of Certain streetr and alleys for r gas Pipe line purposes , AGAINST the ordinance granting to A 2.880 votes consent to the use of certain street, c and aBrtck Company pipeline purposes , , lleys for gas ' ' ' • 2,621 votes Total number of votes polled , , S, 581 f , That the of said electionCsry Council Officially (Inds, determines and declares the results to be that the maJorlty of the votes cast were for the laid ordinance, Paid ordinance racelved the proper number and that t sold pealed nce referred by the people of votes, now in full force and effect, and is not repealed he , I PASSEDAND APPROVED This 9th day of Aprll, A. D. 1968. ATTEST: City of Denton, Texas Brooks Holt, City 9ecretary APPAOVEDAS To LEGAL FORM: e lack O, Barton, City Attorney , 1 Fa' ;i MUNICIPAL BUILDING f January 23, 1958 ORDINANCE N0, 68-2 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, I961, AS SAME WAS ADOPTED AS A PART OF PARTS It AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE No. 61- PROPERTY KNOWN AS TRACTS 3A` I, 3AD5 SA M£ MAP APPLIES n CERTAIN I 6 THROUGH 10 OF ` CITY BLOCK 350-R AS MAP OF THE CITY rjF SHOWN ON THE CFFFICIAL CITY HEREIN; AND DECLAA DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED RING AN EFFECTIVE DATE, A motion was made by Nelson, seconded by Loveless nance be adopted, On j roll call vote Nelson voted "aye", that the ordi Wliitsan voted "eYe" longs voted "a i 7 voted "aye ,Martin voted "eye' , Motion carried, 4 ye", Laveleaa ORDINANCE NO, 68-3 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, 1 TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS If AND III OF C) CHAPTER 13 OF THE CODE Op ORDINANCES OF THE PITY OF DENTON, rws, { THE PROPE BY ORDINANCE N0, ti i-19, AND AS SAME MAP p,pPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 2, I OF CITY BLOCK 3025, SHOWN ON U E OFFICIAL CITY MAP OF THE CITY CITY BLOCK 3025, , AND MORE V PARTICULARLY DESCRIBED HEREIN; PROVIDING AND REMOVING CERTAIN CONDITIONS AND RESTRICTIONS; AND DECLARING AN EFFECTIVE DATE, , A motion was made by Loveless, seconded by Nelson that the ordinance be adopted, on roll call vote Nelson voted "eye", Whitson voted "eye", )ones voted voted "aye", Martin voted "aye", Motion canted, "aye", ORDINANCE NO, 68-4 AN ORDINANCE GRANTING TOACME BRICK COM) • •1y, AND ASSIGNS, CONSENT TO THE USE OF CERTAIN ,_PIETS AND ALLEYSS FOR GAS PIPELINE PURPOSES, A motion was made by Loveless, seconded by (ones that the ordinance be adopted,s Whitson voted no" On voted Nelson voted "no", Ionss voted "aye", Loveles "aye", Martin voted "aye". Motion carried, Councilmen WNtson stated that he In the Record Chronicle advertising r cently a One,a egardinq the renewal of the contract for gas to be used at the City pow or Plant before she con Points r which had been made Company tract expired, gave the City of Denton a generous reduction In rates at ,hiti ~inf Star Gas Council felt this renewal of contract was necessary in order for the Cl f of this rate reduction, The City to take Second, thl matter of certain figures compiled by the Railroad advantage Commission sAowe l that t Denton is is other paying Mora per resident cus gas than some towns In this area, Mr. Whitson tom It for stated that !hare to really no wa from eh;s book exactly what each town le paying, Certain named towns are paying the same gross and net rate per I, 000 cubic foot gas measurement, Y to determine Mr, Bill Dfrwln, Vice President cfAcme Brick Com n' f Council for the approval of this ordinance, pa expressed appreciation to the Mr. Leland Carter, Southwestern Gas pipeline, Inc„ read the following statement! Mr, Mayor, gentlemen of the Council and Ci'isens of Denton; am Leland W. Carter, Vice President and General ! Manager Of Southwestern Gas Plpalla, Inc, From the various editorials and advertisements that Lone Star Gas bas been piecing in tLe Denton Record Chronicle, I determine that price of naturel gas service to all of its Gusto uselntDen on because they lost raise Brick account, As 1 have prsviouslY stated before the Council, it is our position, and Acme I think the position of all infored people, that competition will reduce rates, not increase them, Because 1 fall this matter to deeply, 1 am prepared to demonstrate to You that competition can truly decrease gas rates, 1 u` l ~YY 1 n f MUNICIPAL BUILDING lanuary 21, 1969 I have here from the City of Denton-$ Tax Department, a small memo dated January IS, 1m9e68mo,ifsroam Mr. Hugh Mixon, Tax Assessor br the City of Denton and attached to this zerox copy of the official records of the Denton Tax Office stating the inventory of property of Lone Star Gas Company. The inventory of property was rendered for assess- ment of taxes for the year 1967 by Mr. C. 1. Collier, Jr. of Lone Star Gas Company which Includes a sworn statement before a Notary Public that the Inventory rendered was a full, true and complete list of all taxable property owned by Lone Star Gas Company for the year 1967 in the City of Centca. Mr. Hugh Mixon, the Tax Assessor for the City of Denton, stated that this dechred value Is required to be at least 40% of the true value of Lone Star's property both real and personal in the City of Denton. In other words, the true E value of Lone Star's property both real and personal Is not more than 2,5 times the ' declared value of their Inventory of property. This grand total of all property, both personal and real, in 1967 was $482,650 or taking 2-1/2 times this dollar number, the total' true value as sworn to by Lone Star was not over 61,206,625, j Gentlemen, we do not want Lone Star Gas to lose money on serving the City of Denton or the industries of Denton; neither do we want the citizens of Denton to be threatened by a It gas rate increase because of Acme Brick's buying their cam supply in an open, competitive ` market. Gas Company within the City of Den ton including Its agreements with the property of ht he City of Lone Denton J fora price of three times the declared taxable value or for a total of $1,447,950 which would give Lone Star Gas Company at least a profit of 20% over what It has rendered to the i Tax Assessor over a sworn statement as to the value of its property within Denton. across would a I Iso agree with the City of Penton that we would reduce all gas rates 10%across the board for a period of ten years upon our purchasing the Lone Star Gas property, contracts and system In the City of Denton. This would Include a reduction of 1016 o,l the gas sold to the City owned electric power generating plant In Denton which would decrease the cost of gas $70,000 per year and would decrease the price of can through the present .xisting Lor*Star contract over $1,000,000 taking into account the projected gas volumes. Also, by the latest Railroad Commission of Texas Gam Utility Report, which is for the year 1966, a 10% reduction on the domestic rate would save the citizens of Denton 1 667,492,10 a year. In other words, we are prepared to save the City of Denton and its citizens in excess of 6105,000 per year without taking into account In ~ this calculation any commercial or other Industrial accounts. r 1 might also add that we were prepared to bid on the gas supply for the electric generating plant when the old contract expired and I had personally come to Denton and talked to the Director of Vtilltles at that time and I was told that we would have an opportunty to bid when the present contract with Lone Star "rminated in 1968 but Instead the officials of the City of Denton went ahead and renegotiated a contract with Lone Star in 196: without any notice to our gas company or any other gas company which might have desired to sell gas at a rate lower than that proposed by Lone Star Gas Company. To further show that we think that the citizens of Denton are paying too much for gas, we would be willing to buy Lone Star's distribution system without baying the contract for the City Power Plant and still reduce the citizen's rate 10% for a 10 year period QL we would be willing to take the generating plant only and reduce that price 10% until this contract terminates December 1, 1979, or we would take both the domestic and the City Power Plant and all other contracts In the City of Denton. In other words, with the rates that Lone Star is presently charging, we can reduce the ratee 10A and still make money, I hope that LoneStar Gas Company will give our offer serious consideration and I •m willina to meet with the Council and/or Lone Star at any time and any place to discuss this propo U ti on . Councilman Jones asked Mr. Carter If Southwestern Gas Pipeline, inc. was presently selling gas to Lone Star Gas Company. Mr, Carter replied that hie company was selling qas to Lone Star Gas in Wise County at a rate of 190 per 1,000 cubic foot, Councilman Nelson requested that Mr. Carter mail the Council a financial statement of his company for the fiscal year ending January 9i, 1968. Mr. John F. McCarthy, Lone Star Gas, stated that hie company felt obligated t-j show the true facts to the citizens of Denton, NO, - SO A.N MSIGNS,~CONSENTNTOrTHE BPICK OR GAS PIPELINE PURPOSES. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: Ii i SECTION 1. The City of Denton, Texas (hereinafter called "City"), hereby grants to Acme Brick Company, a Texas Corporation (hereinafter called "Company"), its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public utility easements and public thoroughfares of City lying south . t i and/or vest of the Acme Brick Company Plant, for the purpose of ' laying, maintaining, constructing, operating and replacing there- in and thereon a pipe::ae and all other appurtenant equipment 3 needed and necessary for the transmission of gas to such Acme Brick Company Plant, in the City of Denton, from a connection with a gas supplier or suppliers. The consent herein contained is granted for a term beginning with the effective date of this ordinance, and continuing until the first day of July, 1991, r SECTION It. Company !hall lay, maintain, construct, operate and replace its pipes, mains, laterals and other equipment to as to interfere as little as possible with traffic, and shall promptly clean up and restore to an a pprozimate origlual condition, at its cost, all thoroughfares and other surfaces which It may disturb, and i Company shall promptly repair any imperfect restoration which may be called to its attention by City. The location of all mains, pipes, laterals and other appurtenant equipment shall be fixed under the supervision of the City Council or an authorized committee or agent appointed by said Council. SECTION III. when Company shall make or cause to be made excavations or shall plate obstructions in any street, alley or other public place, the public shall be protected by barriers and lights PAGE ONE r placed, erected and maintained by Company; and in the event of injury to any person or damage to any property by reason of the construction, operation or maintenance of the jai pipelines of 1 Company, Company shall indemnify and keep harmiass City from ■ny and all liability in connection therewith, and shall furnish City with a certificate or other proof ~f insurance covering and protecting City as stated in this Section. SECTION 1V. This consent ordinance shall be subject to all applicable regulatory and other authority of City contained in Cit;" s Charter, Code of Ordinances and the statutes and Constitution of fi k the State of Texas. i { SECTION V. Company shall file its written acceptance of this consent ordinance within sixty (60) days after its final passage and approval by City, and failure to do so within such period shall I immediately revoke and nullify this ordinance, PASSED AND APPROVED on first reading this the L day of r, 1483. PASSED AND APPROVED on second reading this the A- day of 1483. -T_ CI OF D NTON, TEXAS ` ATTEST: ACCEPTED: BY ~6113 1C1.KZJAt1 : CITY OF DENTON,~TEXAS E! 1 BRICK COMPANY APPROVED AS TO LEGAL FORM: ATTESTt C. J. TAYLOR JR. C111 ATTORNEY ( CITY Of DESH N, ThAS by: Asst. Treasurer PAGE TWO r LLU 1 j j I ti i i i j j y I p. i a i d 2409L 7A. RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE ACQUISITION OF A STORMWATER DRAINAGE EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for the acquisition by the i City of Denton of a stormwater drainage easement in the land hereinafter described; and p WHEREAS, the City of Denton has been unable to agree with the owners upon the value of the drainage easement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. The City Council hereby finds and determines that it is necessary to acquire a stormwater drainage easement in the hereinafter described land by proceedings in Eminent Domain. SECTION II. That Dan C. Coffey and Jeff Robb, Attorneys at Law, act ng on behalf of the City of Denton, are hereb; authorized and directed to bring condemnation proceedings to obtain a stormwater drainage easement in, over, and under the land situated in the City of Denton, Texas, described in Exhibit "A" and "B", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, repairing and maintaining a stormwater drainage easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after t-i a dhte"~of passage. PASSED AND APPROVED this the day of , 1988. U%Y ATTEST: JENNI , CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY., o . ~M (j sly i I VW r { f EXHIBIT "A" I All that certain tract or parcel of land situated in the Robert j Beaumont Survey, Abstract Number 31, Denton county, Texas; said tract also being' pert of a tract shown by deed to Denton Center Joint venture as recorded in Volume 993, Page 369 of the Deed of Recorder of Denton County, Texas, and being more fully described as follows: Beginning for the northeast corner of the easement being described herein; a point in the north line of said Denton Center ` I tract which bears North 89 degrees 51 minutes 50 seconds West a ! distance of 72.52 feet from the northeast corner of said Denton tf Center tract; i Thence South 00 Degrees 08 minutes 10 seconds West, a distance of 15.00 feet to a point from the southeast corner of the herein described easement: Thence North 89 degrees 51 minutes 50 seconds West, parallel with and 15.00 feet in a southerly direction from the north line of said Denton Center tract, the same being the south line of said Eve Lutheran tract, a distance of 655.00 feet to a point for the southwest corner of the herein described easement: The,les North 00 degrees 08 minutes 10 seconds East► a distanco of ' 25.00 feet to a point for the northwest corner of the herein described easements said point also being in the north line of said Denton Center tract, and the south line of said Eve Lutneran tracts x l Thence South 89 degr4.es 51 minutes 50 second Eastr along the north line of sold Denton center tract, and the south line of said Eve Lutheran tract, sassing at 625.00 feet; the southeast corner of said By. Lutheran tract; the same being the northern southwest corner of a tract shown by deed to Denton Prooertias Ltd.► recorded in volume 1553, page 510 of the Denton County Real Property Records, in all a total distance of 655,00 feet to the Point of Beginning and containing 0,226 of an acre of land. I i j 1 . i1 1 ~1 EXHIBIT "B" All that certain tract or parcel of land situated in the Robert Beaumont Survey# Abstract Number 31, Denton County, Texas; said tract also being part of a tract shown by deed to Denton Center Joint Venture as recorded in Volume 993# Page 369 of the Deed Records of Denton County, Texas, and being more fully described as follows: Beginning for the northeast corner of the easement Laing described herein, a point in the north line of said Denton Center tract which bears North 89 degrees 51 minutes 50 seconds West a distance of 60.52 feet from the northeast corner of Said Denton Center tract; Thence South 00 degrees 08 minutes 10 seconds West# a distance of 27.00 feet to a point for the southeast corner of the herein described easement; Thence North 89 degrees 51 minutes 50 seconds West, parallel with and 27.00 feet in a southerly direction from the north line of I said Denton Center tract, the same being the mouth line of said Ev. Lutheran tract, a distance of 667.00 feet to a point for the i southwest corner of the herein described easement; Thence North 00 degrees 08 minutes 10 seconds East, a distance of 12.00 feet to a point for the northwest corner of the ft-Rein described easement; said point also being the southwest corner of a 15 foot drainage easement described in the attached Exhibit i NA'; Thence South 89 degrees 51 minutes 50 seconds east, parallel wits, and 15.00 feet in a southerly direction from the north line oc: said Denton Center tract a distance of 655.00 feet to a point for an inner ell corner of tht herein described easement, Thence North 00 degrees 08 minutes 10 seconds East# a distance of 15.00 feet to a point in thkt r.orth line of said Dentor Center tract and the mouth line of a tract showy, by dead to Denton Properties, Ltd., recorded in Volume 1553, Page 510 of the Denton County Real Proveray Records= aame point being the northeast corner of a 15 foot drainage easement described in the attached Exhibit "A"; Thence South 89 degrees 51 minutes SO seconds East, along the north line of said Denton Properties Ltd.# tract a distance of 12.00 feet to the Point of Beginning and containing 0.188 of an acre of land. { r I IF I n I i u a JETTI i> I J w i' N 1866L RESOLUTION NO. A RESOLUTION APPOINTING ROLAND VELA TO THE BOARD OF DIRECTORS OF l THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. I' WHEREAS, Roland Vela's term of office for Place 2 on the Board of Directors of the Texas Municipal Power Agency has expired; and WHEREAS, Vela was heretofore appointed by the City Council of the City of Denton, Texas to Place 2 on the Board of Directors of the Texas Municipal Power Agency and has since been servin; as a Director; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. Pursuant to the terms and provisions of Ordinance No. the City of Denton, Texas, Roland Vela is hereby appointed to the two year term of office to Place 2 on the Board of Directors of the affi Office ginning July, 1988 and ending July, 1990 Agency, the term of T SECTION II. This resolution shall become effective from and after is ate of passage, and it is so ordered. PASSED AND APPROVED this the 16th day of August, 1988. c ATTEST: ENNI ER , ',ITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY y ~N BY: xr { 1 V' •L 1 j' i i i 1 i 1 I 11 1 1) I' i. t 2455L RESOLUTION NO. A RESOLUTION RECOMMENDING THAT RAISED MEDIANS BE CONSTRUCTED DURING THE WIDENING OF A PORTION OF TEASLEY LANE (F.M. 2181); AND ` PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, upon consideration, the City Council of the City off" Denton hereby recommends that the median to be constructed on Teasley Lane (F.M. 2181), from its intersection with Interstate Highway 35E, to a point two miles south, be raised from the ground, with median cuts to be constructed at street intersections and major accessways. The Council further recommends that traffic signals be erected at the intersection of Londonderry Lane and Farm to Market Road 2181, the frontage roads and Farm to Market Road 2181, and at the median cut approximately halfway between these two points. SECTION II. That this resolution shall become effective y imme at3 rely upon its passage and approval. } PASSED AND APPROVED this the day of , lggg, } I j RAY EP , R i ATTEST: J JENNIFER WAETERS, TTY ME-T07 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~C~13t1~ _ i i i i j t i r I ' E r r { i i f 7 di i 2454L •C"+ ^ RESOLUTION NO. fM`, A RESOLUTION APPOINTING BILL UTTER AS THE OFFICIAL VOTING REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. SECTION I. That Bill Utter is hereby appointed as the offic a vot ng representative of the city of Denton to the Regional Transportation Council of the North Central Texas Council of Governments. SECTION II. That this resolution shall become effective { imme ate y upon its passage and approval, PASSED AND APPROVED this the 16th day of August, 1988, , l t f j 1 ~Y ATTEST: i Y E I E -RALTR , APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r' 7 t BY: } 1 ~l y~ f f II(ttj I I~ 1 r~ r 5 a o j 1 I 1 SlE 1 1 f ILI -1-1 I 31 i a~ k CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 5868307 Office of the City Menage. M E M 0 R A N If UM r TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: August 10, 1988 SUBJECT: Security Interest for First Financial }p i r As you know, the item for MBank has been on the Council agenda a couple of times. What they are seeking is a form of col- lateral from First Financial for a loan they made to them. The loan was for improvements to the hangar that First Financial acquired from Brown and Brown. When that was done, a new lease was issued to First Financial which made them the leaseholder of record at the Airport. What this security interest would do { would be to allow the bank to come in and take over the hangar should First Financial default on their loan. If this happen- ed the City would then look to MBank for the lease payments A, rather than First Financial, Obviously, If First Financial r defaulted, MBank took over and they did not make payments (i.e., MBank default), then we would assume the forfeited lease and obtain the ground and all the improvements and facilities on it. If this whole scenario did occur, the City coula then lease or ! rent the facilities to any other prospective tenant. There- fore, we would either be getting rent from First Financial or MBank, or as last resort, we would be getting the rent from a new tenant. t. ' It is our opinioi that this security is different for a hangar such as this versus an FBO in that there is no service rendered 4 to the public. If some other tenant that renders service to the public goes out of business and the bank takes over, then the bank must find some people that have experience in providing that service to the public, and it could have a i` Security Interest for First Financial August lo, 1988 Page 2 major impact on the usage of the Airport In this particular i " instance, there is no service to the publi c, only service to a particular owner. Therefore, it would have much less impact on the Airport. If you or the Council has any further questions, I would be happy to try and respond to them. "lfF DeputyvCity Manager j j b RS:bw 4179M I 1 y ` ! .J ! I 1I A", r ~ Y~q ! ,7 e f < f 4 ,t ! t f i j 1 f I 3. I F ~ f lY du."M 2295L RESOLUTION NO. 4 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SECURITY AGREE- [ MENT ON BEHALF OF MBANK RELATING TO THE LEASE BETWEEN THE CITY t AND FIRST FINANCIAL RESOURCES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. i i 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 Mortgagee, have the right to enter upon said leased premises and operate said hangar, structure, building or improvement according to the terms of the Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of the Lease; and that the right of the Mortgagee is limited and i restricted to those improvements constructed with funds borrowed from Mortgagee; and WHEREAS, on the 26th day of October, 1987, MBank executed a note to First Financial Resources, Inc. (Lessee), the proceeds of said note being used to construct improvements to the leased premises; and WHEREAS, Lessee and MBank have requested that the City of Denton approve a Security Agreement evidencing the rights of MBank as mortgagee in the leasehold interest and as such is not specifically authorized by said Section VIII, the approval of the City Council is required; NOW THEREFORE, 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: 4 SECTION I. That the City Manager is hereby authorized to approve t He security Agreement, a copy of which is attached hereto as Exhibit "A", incorporated by reference herein. I 1 i i SECTION II. That this Resolution shall take effect and be in full orce immediately upon its passage. PASSED AND APPROVED this the day of , 1988. i RAY STEPHEN S9 Y J ATTEST: f 0 4 ' CITY SECRETARY g JENNIFER A APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY v BY. 1 ~ k t f r i A r i ~i i r S11" Tlu>ta>•oi of I Sac- r- r agr*468 THE BUTS OF T9W S f COUNTY OF DSNTOR KNOW ALL MAI BY THIS$ raaSawtS, That PI AS? FIRARC2l.L RISCURCAN, TwC„ a corporation, whose address is 611 Kimberly Drive, Dantoa,,odaon County, Texas, hsrelnifter Called •Debtot•, 109 a valuable and sufficient consideration paid, the receipt of which is hereby acknowledged, hereby TRARSPUlp ASSIGNS Ago CON MS unto Mahn j DINTOR whose add.ase is 21s w. Hickory, Denton, Denton County, Toxae, hereinafter called 'Secured Party, that car r fain Geese Agreement dated Septaabsr 13, 1717, by and between the City of Dantoa, as Lessor and first Financial Resources, Inc. Jt a I covering a Certain tract of land situated lA the T. Toby Survey, Abstract 1213, Denton CW Rt Y. Texas, and being more [oily j described in raid Lease AgrNNnt, a copy of said sgraeaent attached hereto and made a part hereof for all purposes. This transfer is suds to secure the payment of that one Certain promissory note In the original principal sum of 1100,000.00, dated October 21, 1007, executed by First Financial t+esourCas, Iao., and payable to the order of Secured party and upon full payment of which note this transfer shall be null and void sad said Lease Agreement, shall, at the • be rrt:aaafsrred, without warrant apease of Debtor, Y or reoouras, to Debtor by Secured Party. la the event of default in the paymeat of say lnstallsent, principal or taterest, of the Cote hereby seatired, in accordance with the ter" thereof, secured Party may cleat, Debtor hereby expsaaalY waiving aotico, demand sad prosentaeat, to deelate the entire indebtedness secured Ic►sedlately due and payable, ' 14 the avast of default to the a Iwhen due or declared due, Secured Party shall hand the rise teto enter e;ca acid leased prml"O and operate or aeeale any improvements thereon under the tans of the Lease Agreement hsrainabove described. i 4 O. This Seeaflty Agreement is subject he the approval of the ` City of Denton, Lessor. Debtor agrees to pay secured Party reasonable attorney's i t feed and court costs which nay be Incurred as a result of any legal action instituted to enforce this instrument. The law governing this sscured transaction shall be the r applicable laws of the state of Texas, and the venue of any action concerning the enforcement of this Instrument shall be Denton County, Texas. EXECUTED this day of 1967. FIRST FINANCIAL ARSOVOCE6, INC. 44 Debtor AH`D'' ( ~J »~YP(J~"KMa`~ Ilj I r eye APPAOVSDf CITY OP DENTON, TEXAS ay$ 9 TIN STAIR OF IERAS 6 COUNTY OF 01101,011 1 This featmMot was acknowledged before me on this day of October, 1067, by-%, j(' ` C:r a ~r I-n.u of First financial Aeiscurcas, Inc., a Iawase corporation, on behalf of said oorpordtion. l AVAgu i o ry or state o e my Commission lxpireae~( j I i 1 i i N i I F; F MINUTES AIRPORT ADVISORY BOARD MARCH 24, 1988 REGULAR MEETING OF THE CITY OF DENTON AIRPORT ADVISORY .BOARD THURSDAY, MARSH 24, 1988, AT 5:30 P.M., IN THE CITY MANAGER'S, CONFERENCE ROOM IN THE MUNICIPAL BUILDING. t i f MEMBERS PRESENT: Arno, Ferrara, Smith, Woolfolk, Wright j MEMBERS ABSENT: Carrell, Williams 1 OTHERS PRESENT: Bruce Brown, Leslie Bowen, Rodger 7eatling, Lessees] Fick Svehla, Deputy City Manager; Joe Thompson, Airport Manager; Bruce Cardwell, 1 Airport Assistant 1. The Board considered the Minutes of February 9# 1988 the regular meeting of Y , A motion was mad j e and seconded to ~ approve the Minutes as written. The motion passed f unanimously, 2. The Board considered the buildin Maverick Aircraft Incor g plans submitted by seconded to recommend tooCity dCounciltthe ass made and pprova preliminary building plans as submitted by Maverickof the Aircraft contingent on Mavericks seeking and obtaining approval of final construction plans and building permits from the appropriate City Departments. The motion passed unanimously. 3. The Board considered the request from First Financial h Resources for a collateral transfer of their lease. Thu ` Board reviewed the letter from Debra Drayovitch, City Attorney concerning the request. Bruce Brown, who sold the hangar to First Financial, commented that the purchase price and the improvements made would equal the amount of money aedreseed 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 bean confirmed 9 by City Staff, The motion passed unanimously. ~ 4. The Board considered the Aicport Manager's Report. The Manager reported on the following; Letter from Butler Aviationf Million Air Franchise; request for proposal letter for F.B,0,1s. Land lease changes progress and appointment with Gegal to discuss the lease on the 29th of this month, Port-A-Wort representatives and Mr. Brown as leEseea were invited to make suggestions. I r' Airport Advisory Board Minutes March 24, 1988 Page 2 Scrap metal is being removed from the Airport. The Unicom radio is being manned Saturday from 8:00 to 5:00 and Suneay 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 TQm Graves, Supervisor, F.A.A. Airport Engineering Division, spoke concerning the use of Consulting Engirseets to keep particular Airport con.erns 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 Runway,andwtaxiwayereand ILS furbishingtwas sdiscussed, Rick uSvehla reported that moneys were being found to proceed with `he process. The Board suggested a designated run up area be located off of badly deteriorated ato revent damages. Responses to the National Flyer tAdveritising 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 (801) 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 1 pertains to development on and around the Airport. The upgrade of Tom Cole Road was discussed. The access to the Brown hangars were discussed. The Airport Manager and Mr. Brown scheduled to meet and discuss the access problems. 5. The Board met in Executive session to discuss the Airport organization at 6:40. The Board reconvened in open session at 6:50. With no further business the Board adjourned at 6:50 p.m. y 2242s f y w i I OFFICE OF THE CITY ATTORNEY i MEMORANDUM ' i TO: Joe Thompson, Acting Airport Manager FROM: Debra A. Drayovitch, City Attorney ? SUBJECT: Request of First Financial Resources, Inc. for the City to Execute a Security Agreement or te i DATE: March 18, 1988 i 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 loantd First Financial money, in the E airport lease between the City and First Financial. A brief I history of this request is in order. On October 26, 1987, 1 received a call from Greg Pitzer, who advised that the Bank wanted a security interest in this lease. I advised him that section VIII of the lease provides that in the event 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 improvement, structure, etc. for a period not to exceed the term of thi Lesisr s mortgage, or until the loan is paid in full, whi(,haver 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 borrowed from mortgagee. On October 27, I again spoke with Pitzer and he adviaod that Robin Kain was meeting with the Mayor, and that if they did not work it out, he would forward a copy to Bruce Cardwell of the Bank's proposed security agreement. In November, Assistant City Attorney Diane Callender again received a call from someone 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 the lender to the lease in the event of default, and not a limited right to operate str-ctures constructed with the proceeds of the loan. On February 28, 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 Aggreement, 1 would prepare such for Councils consideration. I askad that he provide a copy of the note, which is attached. As the note makes ky E i Joe Thompson :r .K' March 18, 1988 • Page Two .~F^ K y'e no reference as to what the proceeds of the loan are to be utilized for, it is I Indeed, when I saw Toma last tweak t he indicated her dfd noe iknow the purpose of the loan. I understand request to tha airport Hoard and regnestyothatilwe aprepareth8~ •'E amendment to the lease if the Hoard so recommends. { Should you have any questions in this re and E B ~ please advise, . ~ ~ pg ~ D 1 RA f DAD:jw ' xc: Lloyd V. Harrell, City Manager • ° Attachments ` Y~ ;t>' 21121 f , 4 i a. ` i { ~ ~ 4 i i I 4 i _r c f¢ T' MINOR & JESTER ATTOIIN911 AT-LAW F. 0. Eon ago j IIE W. MCXINNEY STREET IN1O M. MINOR 11181.19,1) DENTON, TEXAS Team TON 0. Ja/TQ. in. ,NONE 111/117.710 April 26, 1988 117/318.3711 1 M97E0 1183113 Ms, Debra A. Dra,rovitch City Attorney City of Denton, Texas ! Municipal Building ¢ Denton, Texas 76201 re: First Financial Resources, { Inc. Security Agreement Dear Ms. Drayovitchc In reference to the Security Agreement which you have amended, a copy of which is enclosed herein, please be advised that the changes you have made to the Security Agreement are unacceptable to MBank, Denton, Texas. If there is a default, we want to be able to take over th entire leased premises, as it would be totally useless to us e to take over only the improvements constructed thereon. Thank you for your consideration regarding this matter. Vety truly yours, MINO b JESTER ter, Jr. TDJ/ap enclosure cci Mr, Robin Rain ` President r MBank of Denton Denton, Texas 76201 77 rl T" f t 1! APR 7 5 1988 CITY Cr 2c' iCIN LEGAL DEFT. r I P 2 29i L SECURITY AGREEMENT THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN NY THESE PRESENTS: . That FIRST FINANCIAL RESOURCES, INC., a Delaware corporation, 111088 address is 611 Kimberly Drive, Denton, Denton County, h Texas, hereirafter called "Debtor", for a valuable and muE[iciant I j consideration paid, the receipt of which is hereby acknowledged, ,I hereby TRANSFERS, ASSIGNS AND CON7FY6 unto MBANK DENTON whole address is 21! W, Hickory, Denton, Dentoq County, Taxes, hereinafter called "Secured Pert Y" that certain Lease Agreement dated September 13, 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 7. Toby Survey, Abstract 1285, Denton County, Texas, and being more fully described in said Lomas Agreement, a copy of said agreement attached hereto i 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 mum $100,000,00, dated October 261981# of executed by ► trst ilranclal Resources, Inc., and payable to the order of Secured Party and { upon full payment of which note this transfer shall be null and s void and said Lease Agreement shall, at the expense of Debtor, be re-transferrod, without warranty or recourse, to Debtor b Secured Put y r. In the event of default in the payment of any instalimrnt, principal or interest, of the Note hereby secured, in accordance s with the teras thereof, Secured Party may elect, Debtoi hereby expressly waiving notice, demand ■nd 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 Party shall have the right to enter upon said leased reeieu and o0eeate er maneee .er , lmpro_ v`en~s conetruccad eherson 1!811 the mre eda o[ LAW r f rence_ d oromtesorv ner :nder she tees of tt,a r • 1ti1LL,men Section VIII ---~,_•,hanin_ ■b0~a a e:ribed i* City of Denton City Council Minutes July 19, 1988 Page 10 Boyd motion, Gorton second to approve the resolution. On roll I Boyd ayes "I sand yMayorl Pander Tem "Hopkinso mton "ay Motion r calaem >p, unanimously. rried x C. The Council considered a of the City Council of the City of Denton vdesignatinoscertain City officials as being re-sponsible for, acting for, and on behalf of the City of Denton in dealing with the Texas Farks a Land and Water nd Wildlife Department for the purpose of participating in the n i that the City of Dent on was Fund of to 9receive assistance under such progrem. (The Park and Recreation Board recommended approval). y: The following resolution was considered; 'I RESOLUTION NO, R88-045 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 LAI1D AND WATER CONSERVATI'1N FUND ACT OF 1965= CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMI AND PROVIDING ' FOR AN EFFECTIVE DATE, Steve Brinkman, Director of Parks ind Recreation, stated that this resolution would allow the Parks Department to aly for funding from the State to assist the City in developing Evers Park. Gorton motion, McAdams second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer carried unanimously, and Mayor Pro Tem Hopkins "aye.' Motion D. The Council considered a authorizing the Mayor to execute a securityvagre mentronobehalf of MBank relating to the lease between the City and Pirst Financial Resources, Inc. (The Airport Advisory Board recommended approval). L" ';'he following resolution was considered: i i 4 1 City of Denton City Council Minutes July 19, 1988 Page 11 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SECU:.ITY AGREEMEt'' ON BEHALF OF MBANK RELATING TO THE LEASE BETWEEN TVP rITY AND FIRST FINANCIAL RESOURCES, INC.t AND PROVIbl:iG FOR AN EFFECTIVE DATE. Debra Drayovitch, City Attorney, stated that she had been in contact with Tom Jester, attorney for MBank and First Financial 1 Resources, regarding the necessity for the City to approve such a resolution. Mr. Jester had been informed that Council would 4 be considering the item and was given the opportunity to speak before th.e Council if ho so desired or respond by letter stating the reasons why the agreement was necessary. Mr. Jester a was not in attendance at the meeting further written information regarding and issue. Boyd motion, Gorton second to den aroal c ; On roll vote, McAdams 'aye,' Alexanderv■ayef+thGorton layen4 Ayer 'aye,' Boyd 'aye,' and Mayor Pro Tem Hopkins "aye." Motion to deny carried unanimously. 4. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following item: A. Deputy City Manager Svehla stated that efforts we?a under way to establish a 2499 not-for-profit corporation. i He stated that staff would like to place on the next agenda ' approval of the corporation allowing the Mayor to sign those documents. The Council would also be asked to name three board members to the non-profit corporation. Y 5. The following official action was taken on Executive Session items discussed during the Work Session: r Boyd motion., Gorton second to appoint the members to the following Boards/Commissions: Rosemary Rodriguez - Community Development Block Grant i Committee Richard Hayes - Historic Landmark Commission Jim Berdek - Human Resources Commission Jeff Peploe - Plumbing and Mechanical Code Board On roll vote, McAdams "aye," Alexander "aye,' Gorton 'aye," Ayer `aye," Boyd "aye,' and mayor Pro Tem Hopkins 'aye.' Motion carried unanimously. f fi i I 9 i i' S 7 Jai 1 S l -pl I l II i 1. 4 ya w . CITY COJNCITY OF DENiON BEST FORK; DATE OF CITY COUNCIL MEETING: Au ust 16, 1588 ITEM TO BE PLACID ON AGENDA: i I. Hord item exactly as it is to be placAd on agenda. Include any Advisory board recommendations. i 2. List backup materials (to be submitted not later than 5:00 p.m, Wednesday, prior to the Council Pjeeting.), i 3. State the order in which the item needs to appear on the agenda. i 1. Consider appointment of the Denton Central Appraisal District Chief Appraiser as the rroresentative for the City of Denton to calculate and publish the City's effective and rollback tax rates. In accordance with State Law, this computation must be made by a registered assessor which the City of Denton contracts with the Appraisal District to provide. The City does not currently employ a registered Assessor. i i tx . I r ~l I 1 ie, V A I f `1 I f f f l l i LLI= UZI= f t-l-T-F L133= LIJZ= 0 i I LIJZ= LIZET= _I 1 i Ai i I A CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (811) 566.8200 MEMORANDUM a. ° DATE: August 16, 1986 TU: John F. McGrane, Executive Direc*or of Finance 1 04~e FROM: Monte Mercer, Controller SUBJECT: COLLECTION RATES FOR 1987/88 AND 1988/89 1 J This is to certify that the anticipated collection rate used for tax rate I calculations is 100% for the 1988-89 budget year. The actual collection rate for the 1966-87 tax year was 97%. The actual collection rate for the 1981.88 budget year through July 31st is 95%, Monte Mercer 1r. 1M:af 3672F E s' t 1 ! .tr i q J , a F ' y i y g ' r p 1 n Zc= -Liau rIfIrT 2 a ~ y I s ~ I i i J ; i Ej. I C1TVofDE.Vr' r, rf XAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566-8200 IP~' fib 1 MEMORANDUM DATE: August 16, 1988 I 70: John F. McGrane, Executive Director of Finance d FROM: Monte Mercer, Controller it RE: CERTIFIED ROLL FROM DENTON CENTRAL APPRAISAL DISTRICT FOR 1988-89 BUDGET YEAR. Attached is the certified 1968 appraisal roll for the 1988-89 budget year. r t The Board has certified the following: I 4 I " Total Appraised Value $2,331,3790862 j Total Assessed 2,132,590,881 t} Taxable Value of All Property 21063,693,186 Taxable Value of New Property 481859,425 Taxable Value of Annexed Property 1,824,385 ' The above does not Include net taxable value of $51,296,899 for property under protest, The amount will not decrease but could increase when settled. Joe Rogers of the OCAD cannot a definitive give time frame In which this matter wf11 be settled, o~T me 1"Perc ce`r" F { M11:af Attachments l r ~:{3 3672F r i. J ~ is • ~ , i yr 4 APRAISAL) RCVIEW BOARD DENTON COUNTY, TEXAS I ORDER APPROVING APPRAISAL RECORDS FOR 1988 M. On July 200 1988, the Appraisal Review Board of y Denton County, Texas, met to approve the appraisal records for tax year 1988. i The Board finds that the appraisal records, as I ,a corrected by the Chief Appraiser according to the orders of the Board, should be approved. The Board finds that the sum of appraised values, as determined by the Chief Appraiser, as all properties on which protests have been filed but not determined by this Board is five percent or less of the total appraised value of t all other taxable properties. i The Board therefore APPROVES the appraisal records E as corrected. L Signed on July 20, 1988 j T E E, AFB At~C`p P1i ~A~AL -M E B i i ~l r r I I CERTIFICATION OF 1988 TAX ROLL JULY 20, 1988 1 1 "I Joe D. Rogers, Chief Appraiser for the Fem. Denton Contra] Appraisal District, Solemnly swear i that I have made, or caused to be made, a deligeni t inquiry to ascertain all property in the district subject to appraisal by me, and that I have included in the records all property that I am aware of at j an appraised value determined by law." ? DEON CENT AL APPRAISAL DISTRICT NOTARY UBLIC EXPIRES: 5-20-92 w t ) j . ,..bh10y t141M4L 4A r to AL uteT41L1 ti ~ 101131M 4 ( e J S r 3 1 L 4 t IMF Surf wt 19 U9J°rri NC• 6A C01IF10 4VPVIl9AL VULL fOH MULTIPLE Eh/1TIE3 01/7216A f '4. , P. 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IIII AL LANG M4*AE1 VAL~It 1.1 194rs1n Iw■w0V1R£h13 • n~4l311) f41 91.U94r114 L.1 i1.192.ASS '.I EMS 41)rF v(N13 • NnN Nrt vi 3110 t■1 t1r lA2reRS IhI IL 1v111gUVEMLNIA tu7.0Yer0Y0 IRCIYOY.pu L•1 s0 ►ERSt)t■L PRU°LRIV 121 9U 111 G 1 t0 L/1 ih wltkR&L3 (0) AO IJS fu1 ISb.27e.Ar0 k■) tSAr?lOr010 p`11 tJf AL MARnCI rkLIIE 1.1 AI.bh9r996 i r IJIAL CAFN°I PRU°kalY fil ff t)r YAY,rA+ I fJTAt 01001 IC I1Vltr Mk 9t1 IwnN LOL v✓11 l~) s71r 1T9 f 1G USL 1111 1.1 fY f•7 SSr04Jr575 ff` 110414 YSL 10) f■) 11rYplrSlb PRJe Jf IIV I I I LJ54 IS) SRSr30b.tl94 IJIAt is SLStor u r fns ASRu barSlO) 1 1 EAFR01IJ49 al JrUOJ f111AIL lOrOYA' f31At! LNSI NU Ok91CAf$ 1111 fv 01 L; InAl nM 40 111 f/l t0 ISfA1! 0) 10P1 Dl5►4L(V PEW "Ns Lh! f11 9D II Or0e0 1.1 1•) Lull I)ISAML.0 V(1 101 f■1 blu'unu I +j ih l At LREMPTIntS fal 1S L 296rE99 f ,1 - NEI TA■ARLE I _ IAAItlLt / IIA NA11 10y1 AnYYUrIOATL IM AL 00'"' t i t 7Y J1. a 11r . r 1. ' rI/ I a 1 4 d ti I L I~ I l E a i b r t i t f i i t I ;f Mile, NOTICE OF EFFECTIVE TAX RATE 1988 Property Tex Rates in City of Denton This notice concerns 1988 property tax rates for City of Denton. It presents information about three tax rites. last year's tax rate is the actual rite the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the some total taxes as last year if you compare properties taxed in both years. Compare It to the tax rate the taxing unit proposes for this year. This year's rollback tax rate is • the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $1DO of property value. Last year's tax rate: Last year's operating taxes $ 7,947,586 + Last year's debt taxes $ 4,251,437 • Last year's total taxes $ 12,199,023 Last year's tax base $2,057,664,825 j • Last year's total tax rate $ .5920100 This year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property $ 12,130,095 and taxe, to correct appraisal roll errors) This year's adjusted '1K base (after subtracting taxes on new property) $2,066,306,275 t • This year's effective tax rate $ ,5870/$100 X 1.03 i • Kaxinun rate unless unit publishes notices and holds hearings $ .6047/$100 4 This year's rollback tax rate: Last year's adjusted operating taxes (after, subtracting taxes on lost property and taxes to correct appraisal roll errors and adding taxes lost in court suits) $ 7,947,586 This year's adjusted tax base (after subtracting taxes on new property) $2,066,306,276 • This year's effective operating rate $ .3846/$100 x 1.08 l • This year's maxonun operating rate $ ,4163/.}100 This year's debt rate $ 2165/$100 1 • This year's rollback rate $ .6318/$100 , S 3637F ~ ~r 4 a 1 -v r' SCHEDULE A: Unencumbered Fund Balances i The following balances will probably be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. s Type of Property Balanc Tax Fund B Palanced e General Fund $2,556,019 i General Debt Service Fund $1,711,404 SCHEDULE 8: 1989 Debts Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax yh, revenues (or additional sales tax revenues, if applicable). Principal 8 Interest Requirements for e 1988-69 Description of Debt FrfnclpaI Interest Total 1985 General Obligation Refunding $2,365,000 $10396,315 $3,761,316 1987 General Obligation 175,000 275,450 450,450 1987 Certificates of Obligation 25,000 340350 59,350 1987A Certificates of Obligation 120,000 740710 194,710 1988 General Obligation 0 4U19831 4010831 ' 1988 Certificates of Obligation 245,000 606098 3050098 $2,930,000 $2,2420754 $5,172,754 Paying Agent Fees 16,000 $5,186.754 ` Total required for 1989 debt service $5,166,754 S j - Interest Income 320800 1 - Amount (if any) paid from funds listed in Schedule A $75,000 Excess collections last year 0 • Total to be paid from taxes in 1989 $4,578,954 ,V + Amount added in anticipation that the unit will collect 0% of its taxes in 1988 $ 0 ■ Total Debt farvice Levy $405781954 t 3669F 08/08/68 V a 1 E Q ~ I END r OF FILE 1