HomeMy WebLinkAbout08-02-1988 W
AGENDA
CITY OF DENTON CITY COUNCIL.
August 2, 19bb
Work Session of the City of Denton City Council on Tuesday,
August 2, 1966, at 5:3U p.m. in the Civil Defense Room bf City
Hall at which the following items will be considered:
4 Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
S:30 p.m.
1. Hold a discussion of Appendix A of the Denton
Development Plan.
2. Executive Session:
A. Legal Matters Under Sec. 2(e), Art, 6252.17 y
Y.A.T.S.
1. Discuss Maverick vs, City.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec, 2(g),
Art 6252-17 V.A.T.S.
1. Consider appointments to the Denton
Development Plan - Appendix A Task Force,
6:30 p.m, in the Council Chambers
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1. Hold a discussion regarding the Teasley lane median
design.'
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Regular Meeting of the City
of Denton City Council on Y o Tuesday,
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August 2, 1968, at 7.
,0U p.m. In the Council Chambers of City
Hall at which the following items will be considered:
7:00
1. Consider approval of the minutes of the regular
meeting of July S and July 19, 1968,
j 2. Open and read bids for the purchase of .$3,50U,U00.00
City of Denton Utility System Revenue bonds, Series
198b.
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' City of Lenton City Council Agenda
August 2, 19bb
Page 2
3. Public Hearings
A. Consider a petition of Bill Cudd requesting
approval of a detailed plan in compliance with a
concept plan. The property Is part of a planned
development (PD-119) located at the northeast
corner of Old North Road and University Drive.
The property is located in the R. B. Longbottom
Survey, Abstract No. 71S, and shown in the
Northwood Garden Professionals' Office Park. If
approved, the property may be utilized for an
office development. Z-68-005. (The Planning and
Zoning Commission recommends approval.)
` 1. Adoption of an ordinance approving a
detailed plan for a portion of PD-119.
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B. Consider a proposed annexation of 20.8309 acres
I being part of the J. Dickson Survey, Abstract No,
342, and the A. Cannon Survey, Abstract No. 232,
and located at FM 2161 and Old Alton Road. (A-S6)
4. 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.
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A. Plats and Replats
1. Consider approval of preliminary and final
replat of Lot 4 to Lots 4A and 4B, Block B,
Expressway Industrial Park, (The Planning
and Zoning Commission recommends approval.)
2. Consider approval of preliminary plat of
Lots 19 2 and 30 Block A, Lewis Medical
Addition. (The Planning and Zoning
Commission recommends approval.)
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3, Consider approval of preliminary plat of the
Northwood Garden Professionals'' office Park,
Lot 8, Block 1. (The Planning and Zoning
Commission recommends approval.)
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City of Denton City Council Agenda
August 2, 1966
Page 3
S. Ordinances
A. Consider adoption of an ordinance authorizing the
issuance, sale, and delivery of City of Denton
Utility System Revenue Bonds, Series 1986; and
approving and authorizing instruments and
proceedings relative thereto,
B. Consider adoption of an ordinance of the City of
Denton, Texas, providing for a moratorium on
certain signs by prohibiting the erection,
t construction, or placement of, all off premise
portable signs, more than one on-premise portable f
sign on any one premise, all ground signs over
1SU square feet in size or over 30 feet in
height, and all ground signs within S00 feet of
another ground sign on the same premise;
providing for a penalty in the maximum amount of
$20000.00 for violations thereof; providing for
this ordinance to be in effect until and
including December 6, 1968; and providing for an
effective date. (The FIanning and Zoning
Commission recommends approval.)
C. Consider adoption of an ordinance amending
Article I I I of Chapter 2 of the Code of
Ordinances of the City of Denton by adding two
new Sections 2.39 and Section 2-40 providing for
procedures for competitive sealed proposals.
D. Consider adoption of an ordinance amending the
Code of Ordinances of the CIty of Denton, Texas
by adding Chapter 3 1/2 to include Sections
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through 15 of Article I of Chapter 3-1/2 "Alarm
Systems" establishing regulations for the use and
operation of alarm systems within the city;
I providing definitions; requiring a permit for
users of alarm systems; providing for issuance of
permits; providing for service charges for false
alarms; providing for denial and suspension of
dermits; regulating alarm reporting and
operation; and providing for a severability
clause.
E. Consider adoption of an ordinance amending
Chapter 81 "Court," of the Denton City "ode of
Ordinances, by adding a new section 6-9 -ititled
j "Dismissal of Cases Dui to Defendant's
Actions-Special Expenses", and providing for a
j maximum fee therefor.
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i City of Denton City Council Agenda
August 2, 19bb
Page 4
F, Consider adoption of an ordinance providing for
` the payment of ten thousand dollars to Arco Pipe
Line Company for the relocation of its Fipeline
in conjunction with the Burning Tree Paving and
Drainage Project.
G. Consider adoption of an ordinance prohibitipg the
pparking of vehicles on both sides of Sherman
brive beginning 250 feet north of its
intersection with Windsor Drive and extending 560
feet South, ending 250 feet south of its
intersection with Windsor Drive when signs are
posted. (The Citizens Traffic Safety Support
Commission recommends approval).
H. Consider adoption of an ordinance authorizing a
change order to a contract between the City of
' Denton and R. C. Small.
b, Resolutions
A. Consider approval of a resolution setting a date,
time and place for public hearings on proposed
,rte annexation of approximately 135 acres located
south of Mills Road, east of Mayhill Road, and
north of McKinney street adjacent to existing
city limits, (A-5S)
B. Consider approval of a resoli-tion creating an
Appendix A Task Force to formuiAte and recommend
to the City Council intensity area boundaries and
a methodology for intensity calculations for the
Denton Development Plan,
C. Consider approval of a resolution supporting the
proposed Constitutional amendment providing that
federal reimbursement of State Highway Dedicated
Funds be exclusively dedicated to improving Texas
highways.
7. Miscellaneous matters from the City Manager
A. June Budget Recap
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Ltty of Denton City Council Agenda
s August 2, 1966
Page S
b. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. board Appointments
9, New Business:
This item provides a section for Council Members to
suggest items for future agendas.
10. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
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B. Real Estate Under Sec. &(f) krt, 6252-17
V,A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
C. E R T I F I C A T E
I certify that the above otice of meeting was posted on the
bulletin a at the Li H 1 of the City og ~genton, Texas,
on the day of , 198b at y o'clock
p.m.
Ail
C SECRETARY
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AGENDA
CITY OF DENTON CITY COUNCIL
August 2, 1988
Work Session of the City of Denton City Council on Tuesday,
August 2, 1988, at 5:30 p,m. in the Civil Defense Room of City
` 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 Appendix A of the Denton
Development Plan.
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1, Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1, Discuss Maverick vs. City,
B. Real Estate Under Sec. 2(f), Art. 6152-17
V.A.T',S.
C. Personnel/Board Appointments Under Sec, 2(g),
Art 6252.17 V.A.T.S.
1. Consider appointments to the Denton
Development "''an - Appendix A Task Force.
6:30 p.m. in the Council Chambers
1. Hold a discussion regarding the Teasley Lane median
design.
Regular Meeting of the City of Denton City Council on Tuesday,
August 2. 1968, at 7:00 p.m, in the Council Chambers of City
Hall at which the following items will be considered:
7:00 p.m.
1. Consider appi.val of the minutes of the regular
meeting of July S and July 19, 1968.
2. Open and read bids for the purchase of (7+,5000000.00
j City of Denton Utility System Revenue Bonds, Series
i 1986.
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City of Denton City Council Agenda
August 20 19bb
Page Z
3, Public Hearings
` A. Consider a petition of Bill Cudd requesting
approval of a detailed plan in compl;ance with a
concept plan, The property is part of a planned
development (PD-119) located at the northeast
corner of Old North Road and University Drive,
The pioperty is urvey, Abstract No. 77S, and shownongi the
I S
E Northwood Garden Professionals' Office Park. If
approved, the property may be utilized for an I
office development. Z-88-006. (The Planning and
Zoning Commission, recommends approval.)
1. Adoption of an ordinance approving a i
i detailed plan for a portion of PD-119.
B. Consider a 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 PM 2161 and Old Alton Road. (A-56)
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4. Consent Agenda
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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.
A, Plats and Replats
1. Consider approval of preliminary and final
replat of Lot 4 to Lots 4A and 4B, Block B,
Expressway Industrial Park. (The Planning
and Zoning Commission recommends approval.)
Z, Consider approval of preliminary plat of
Lots 1, 2 and 30 Block A, Levis Medial
k Addition. (The Planning and Zoning
Commission recommends approval,)
3. Consider approval of preliminary plat of the
Northwood Garden Professionals' Office Park,
Lot 6, Block 1. (The Planning and Zoning
Commission recommends approval.)
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City of Denton City Council Agenda
August 1, 1986
Page 3
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S. Ordinances
A. Consider adoption of an ordinance authorizing the
issuance, sale, and delivery of City of Denton
Utility System Revenue Bonds, Series 1986; and
approving and authorizing instruments and
proceedings relative thereto.
B. Consider adoption of an ordinance of the City of
Denton, Texas, providing for a moratorium on
certain signs by prohibiting the erection,
construction, or placement of, all off-premise
portable signs, more than one on-premise portable
sign on any one premise, all ground signs aver
ISO square feet in size or over 30 feet in
height, and all ground signs within S00 feet of
another ground sign on the same premise;
providing for a penalty in the maximum amount of
} $2 000,00 for violations thereof; providing for
this ordinance to be In effect until and
Including December 6, 1968; and providing for an
effective date, (The Planning and Zoning
Commission recommends approval.)
C. onsider adoption of a' ordinance amending
article it] of Chapter 2 of the Code of
rdinances of the City of Denton by adding two
i.ew Sections 2-39 and Section 2-40 providing for
procedures for competitive sealed proposals.
D. Consider adoption of an ordinance amending the
Code of Ordinances of the CIty of D nton, Texas
by adding Chapter 3 112 to Include Sections 1
through 1S of Article I of Chapter 3-1/1 "Alarm
Systems" establishing regulations for the use and
operation if alarm systems within the City;
providing definitions; requiring a permit for
users of alarm systems; providing for issuance of
permits; providing for service charges for false
alarms; providing foe denial and suspension of
permits; regulating alarm reporting and
operation; and providing for a severability
clause.
E. Consider adoption of an ordinance amending
Chapter b, "Court," of the Denton City Code of
Ordinances, by adding a new section 8-9 entitled
"Dismissal of Cases Due to Defendant's
j Actions-Special Expenses", and providing for a
maximum fee therefor.
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City of Denton City Council Agenda
August 2, 1466
Page 4
F. Consider adoption of an ordinance providing for
the payment of ten thousand dollars to Arco Pipe
Line Company for the relocation of Its pipeline
in conjunction with the Burning Tree Paving and
Drainage Project,
G. Consider adoption of an ordinance prohibiting the
pparking of vehicles on both sides of Sherman
llrive beginning 250 feet north of its
intersection with Windsor Drive and extending S60
feet south, ending 250 feet south of its
intersection with Windsor Drive when signs are
j posted, (The Citizens Traffic Safety Support
Commission recommends approval). +
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H. Consider adoption of an ordinance authorizing a
change order to a contract between the City of
Denton and R. C. Small.
b. Resolutions
A. Consider approval of a resolution setting a date,
time and place for public hearings on proposed
y annexation of approximately 13S acres located
south of Mills Road, east of Mayhill Road, and k
north of McKinney Street adjacent to existing
city limits. (A-S5) «
S. Consider approval of a resolution creating an
Appendix A Task Force to formulate and recommend
to the City Council intensity area boundaries and
a methodology for Intensity calculations for the
t Denton Development Plan.
C. Consider approval of a resolution supporting the
proposed Constitutional amendment providing that
federal reimbursement of State Highway Dedicated
Funds be exclusively dedicated to improving 'texas
highways.
7. Miscellaneous matters from the City Manager
A. June Budget Recap
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City of Denton City Council Agenda
August 2, 1988
Page S
8. Official Action on Executive Session Items:
A, Legal Matters
B. Real Estate
C. Personnel
D. board Appointments
9. New Business:
This item provides a section for Council Members to
suggest items for future agendas,
10, Executive Session:
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A. Legal Matters Under Sec. 2(e), Art. 6152-17
V.A.T.S.
B. Real Estate - Under Sec. 2(f), Art. 6251-17
V.A.T.S.
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C. Personnel/Board Appointments Under Sec. 1(g),
Art 62S1-17 V.A.T.S. 3
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C E R T I F I C A T E
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{ I certify that the eoove 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
(a.m.) p.m.
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CITY SECRETARY
29S 8C.
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DATE: 06/U2/68
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Man4ger
SUBJECT: Procedures for PreNaring Appendix A of the Denton Development Plan
1 RECU14ENDATION:
! The Planning and Zoning Commission recommended at its June 22, 1988
meeting, by a vote of 5-00 that Council appoint an Appendix A Task
Force. The task force should give priority to defining intensity
areas for which a zoning case has been filed, and should recommend
planning area boundaries first, before the mathematical components
of the Appendix are recommended. 1
IN SUMMARY:
The Denton Development Plan states that Appendix A should be prepared
by a citizen committee comprised of land Use Planning Committee team
captains, neighborhood representatives, and members of the Planning
and Zoning Commission.
Appendix A would consist of 1) defining planninq areas within each !
intensity area, 2) the methodology for calculating intensity allocatiun,
and 3) the existing trip generation or intensity of each planning area
according to zoning and actual use.
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The components of Appendix A are needed to evaluate zoning cases.
Three options have been discussed concerning adoption of Appendix A and
its relationship to zoning case administration and adoption of the Plan
(see the attachment). Completing the Appendix A work could take six
months.
BACKGROUND:
The Council discussed the three alternatives at a workshop on July 19,
1986. At that work session, the following issues were raised:
1) Delay of zoning applications;
2) Dealing with an Appendix . boundary recounendation or decision
on the same agenda as a zoning case which is inside tho area
being considered for boundary definition;
3) The ministerial (or administrative) aspects of Appendix A; and
4) Delaying cdoptfon of the Plan.
the Punning and Zoning Commission recommended Option B.
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CC Report Format
Appendix A
Page 2
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PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Intensity analysis should result in planned and orderly growth in the
City as a whole.
E The Planning Department would use about 10 percent of its total avail-
able department man hours to complete Appendix A, principally to gather
accurate existing land use data. A new computerized data manai ment
and update system have been developed.
FISCAL IMPACT:
No additional revenues are required to develop and manage the intensity
analysis process.
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f A tf;l su ted;
Ll*,d 1. ' arre
k P "pare City Manager
ran o ns,
Executive Director for
Planning and Development
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APPENDIX A OPTIONS
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OPTION A
1. Council appoints Appendix A Task Force immediately upon adoption of
` I the Plan.
I 2, Task Force gives priority to the intensity areas for which a zoning
case has been filed (3 weeks).
3. Intensity analyses and maps are submitted to the Planning and Zoning
Commission and the City Council for consideration (6 weeks).
4. Staff prepares zoning case report and submits recommendations to the
Planning and Zoning Commission and to City Council (6 weeks).
According to this option, a zoning case could take up to 15 weeks to process
after the adoption of the Plan and the appointment of Appendix A Task Force.
OPTION B
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i Same as Option A except that the intensity maps and staff report on a zoning
case are submitted on the same agenda to the Planning and Zoning Commission
and then to the City Council,
This option will reduce the time frame to 8 or 9 weeks, about the normal time
a it takes to process a zoning case now. r
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OPTION C
Delay the adoption of the Plan until Appendix A Is completed.
NEW VARIABLE
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Charge the Appendix A Task Force to complete the boundary studies first and
recommend that component before the methodology and the data.
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P5Z Minutes
June 22, 1989
3 Page S
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PETITIONER: Vera T. Cershner, owner of the property,
stater at she did not understand why she was denied by
j Traffic Safety Committee when the plans including the
foot cut were previously approved for the building permit.
She said there are only four lots on Stonegate Circle,
which consists of three actual neighbors. Each neighbor
gave their approval on the 38 foot cut. She concluded
that each house that is surrounding her has three or four
car garages.
IN FAVOR: None Present.
OPPOSED: None Present.
RECOMMENDATION: Ms. Evans stated the Development Review
ommitC tee recommended a variance to 28 feet.
f REBUTTAL: None Offered.
Chair declared public hearing closed.
DECISIONt Mr. Holt said that not everybody knows the
laws they rely on those who do know to tell them what
is wrong. He sold he felt the city contributed to the
f problem by not advising the Gershners earlier.
Mr. Holt moved to recommend approval of the variance
with the 38 foot curb cut. Seconded by Ms. Xiker and
unanimously carried (S-0).
V. CONSIDER MAKING A RECOMMENDATION ON THE PRELIMINARY PLAT OF
NORTHNOOD GARDEN PROFESSIONALS' OFFICE PARK, tot 8, block 1.
STAFF REPORTt Ms. Evans stated that the 3.938 acre tract is
oeate north of U.S. Highway 180 and east of Old North Road
and shown in the R.B. Longbottom Survey, Abstract No. 775.
She said the property is zoned planned development (PD-119)
and office development was anticipated. The plat does confora
to the minimum requirements of the Denton Subdivision and Land
Developwent Regulations.
Ms. Evans said city services and facilities are available and
the Development Review Committee recommended approval.
DECISION: Ms. Brock moved to recommend approval of the pre-
m nary plat of the Northwood Garden Professionals' Office
Park Lot 8, Block 1. Seconded by Ms. Cole and unanimously
carried (S-0).
VI. SET A DATE, TIME AND PLACE FOR A WORK SESSION REGARDING
REVISIONS TO THE SIGN ORDINANCE. Discuss the revision process.
Mr. Robbins stated that a draft of the sign ordinance had
been prepared and could be sent to Local businesses Involved.
He said a date, time and place needed to be set for a work
session to discuss tie revisions to the ordinance.
Mr. Claiborne suggested July 170 1988. the Commission agreed.
VII, NOkK SESSION TO DISCUSS METHOD OF IMPLLMENTING APPFNDIX A
OF THE DENTON DEVELOPMENT FLAN.
Mr. Persaud stated that staff was currently doing the back-
ground work in order to complete Appendix A while the Plan
was going through the final stages of adoption by the City
Council.
P6Z Minutes
June 22, 1988
Page 6
He said according to the Plan the intensity area boundaries
are to be prepared by a committee compprised of representatives
of the Land Use Planning Committee (LUPC) team captains, LUPC
neighborhood representatives, and the Planning and Zoning
Commission, It could take six months after the committee is
appointed to finalize the intensity maps. Mr. Persaud said
the question is what the Planning Department is going to do
with the zoning cases in the transition period between the
effective date of the Plan and the completion and adoption of
Appendix A.
Mr. Persaud said there were two options that the Commission
i and the Planning Department could take:
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Option A:
1. Appointment of committee after adoption of Plan. (6 weeks)
2. Committee glues priority to intensity areas for which a
zoning case has been filed. (3 weeks)
3. Intensity analysis and maps are submitted to Planning
and Zoning Comm salon and City Council for considera•
tion. (6 weeks
1, StaEE prepares ti case and submits recommendations for
Counctlfet(6nweekonyjng anning and Zoning Commission and City
Mr. Persaud said that according to this option a toning case
e could take up to 21 weeks to process after the adoption of the
Plan and Is weeks after the committee has been appointed.
Option B:
Follow current procedures in which staff pprepares the inten-
sity naps showing boundaries of the specific intensity area
for a zoning case. Staff prepares a toning case report based
on the yropose intensity boundaries and submits to Planning
and toning Comd mission on the some stands. In the meantime,
the committee is appointed and working on a program to com-
Itta Appendix A.
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Mr. Persaud stated that according to this option a toning case
could be processed in about ei`ht weeks, about the some time
frame as a toning case currently takes,
Mr. Persaud added that staff recommended option B as a general
administrative procedure.
Mr. Claiborne stated that he felt Option H would be the best
of the options. He was concerned about the committee not being
Involved to drawing up the boundaries to be submitted to the
Commission with a toning use. This approach would pre-empt
the work of the committee. He stated that he would prefer
that staff route those proposals through the committee before
oing to the Plannin and Ming Commission and the City
~ouriciI with the ton~ng case,
Mr. Holt moved to approve OpWa P with a recommendation
that the intensity maps be routed through the committee before
going to the Plsnnln and Zoning Commission and City Council.
l beco ed by Mr. Clai~orne and unanimously carried (~S•0).
Vill. DIRECTOR'S REPORT
Mr. Robbins asked the Commission if they would like to
{ postpone their quarterly meeting that was scheduled for June.
pr. Claiborne said that he felt it should wilt until the Plan
was adopted, the Commission agreed.
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CITYot DENMN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 566.8307
t Office of the City Manager
€C: Lloyd V. Harrell, City Manager
FR04: Flick Svehla, Deputy City Manager
S
DATE: July 28, 1988
SUBJECTt MEDIANS ON TEASLEY LAPJE
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Per the Count; il'^. dIrectIone, we have met with all the Involved i
owners about the medians on Teasley Lane. We contacted a total
A of 13 people who would be affected in one way or another by 1
5 medlens. At that meeting we showed them the City's concept and
we asked for Input from the owners. We sent them maps of the
proposal as a follow-up tc the meeting and asked to receive 1
their comments by "Is week. There were concerns end a mixed f
review by almost everyone involved. The two gas stations at
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Teasley and the frontage road and the convenience on the
northeast corner of Londonderry and Teasley are opposed to the
raised median. They felt that access would be hampered and it
would have a negative impact on their businesses. There Is no
question that access would be somewhat limited to all the
accesses along Teasley with the raised median. However, In the
case of the two service stations, they are the closest to the
Intersection. Ever, doubling the capacity of Teasley by
building four lanes will not eliminate all the stacking
problems for the signal at the frontage road and Teasley.
Because of this we think it Is Imperative to have a raised
median near this Intersection. We have also had discussions
with the Highway Department and they are reviewing a new
concept in Left turn Ianea which would provide for the
left-hand turn bays north and south of the frontage roads
rather than in the underpass. If this Is the case, again we
would suggest more protection for the left turns and the way to
do that Is by use of a raised median. The convenience store at
Londonderry and Teasley would have ItF south pound tre ffIc
access changed somewhat. It's true we would eliminate direct
% accesp from Teasley with the raised inedian however, again w%
feel that a protected left-turn lane in this area is Imper..:.'4
for the functioning of the Londonderry and Teasley
intersection. By traveling 100-1',U feel: further south people
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Medians on Teasley Lane
July 28, 1988
will be able to access the convenience store by making a left
turn onto Londonderry and then turning into the store.
We have also received lengthy Input from the owners of the
apartment complex on both sides of Teasley mid-way between
Londonderry and the frontage roads and the at rip shopping
center in that area. Our staff has had telephone conversations
and, In some cases, received written responses from all three
of these owners. Greater Souchwest Properties which owns
apartments on both sides of Teasley basically has no problems
with the medians provided a signal to built mid-block between I
Londonderry and Teasley. You will recall that this was part of i
} our proposal. The strip center owners have no problem with
relocating their drive for the center and allowing access for
the apartment complexes to the south and behind them. Mr. Rey
Abbot owns several apartments and a business that is behind the
strip center. We have had telephone conversations with him.
He still had some questions about the median and will be at the
meeting Tuesday night.
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To the south of Londonderry, the two owners of the three
duplexes have no problem either with an access drive that they
would access at the entrance to the Le Prairie apartment
complex or simply a U-turn at the Le Prairie entrance to come ,
back north to access their property. The Le Prairie apartment
complex hem no problem with the access. They are a little bit 77~
concerned about green space and about how the access driveway I
would work, but we feel we can work out any problems with ~
them. The vacant property south of Londonderry and west of l
Teasley was represented by officials from FDIC. We would build i
! an access for this property on the west side that would match
up the Le Prairie median cut and representatives from this
Institution have no problem with that. Further to the south
there Is a single residence that has a drive on Teasley. David
Ayers of our staff has worked very well with this residential
owner. We will be building n new driveway that comes off of
Fairfax.
Finally, we have visited with the School District end our own
Fire Department to provide access for Sam Houston School and
the potential Fire Station site. All of those problcme have
been worked out and appropriate access will be facilitated.
i Overall, although there to some disagreement about some of the
accesses and some of the land owners are not totally
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Medians or. Teasley Lane
7/28/86
satisfied, we atilt tLlnk the best option is for a raised
medlan for the entire length of Teasley Lane. We think It
gives us the best capacity and also provides the most safety
and direction for the total facility. There will be some
problems end minor inconveniences caused by this design, but we
{ think with signals at Londonderry and mid-block between
I Londonderry and the frontage road, the majority of the problems
can be solved and appropriate amount of access provided for all
the lend owners.
h
If you or the Council have any further questicne, we will be
happy to try and answer them for you.
f,
Kick Svehla y
Deputy City Manager
RSinb/4164M
Attachments j
P.S. We have attached all of the written correspondence
we have received so far and will have drawings I
available at the meeting for discussion.
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1[ COMMISSION STALE DEPARTMENT Of HIGHWAYS ENGINEER DIRECTOR
AND PUBLIC TRANSPORTATION
ROeFRT M M R. L aT0T2ER, JA.
ROaERT @AsER,t"AIRMAN 2624 W. prairie
. eA{{
RAYtTORER,JR. Denton, Texas 76201
March 28, 1988
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IN REPLY REFER TO
Controls 2054-02-008
F.M. 2181: From I.H. 3SE0 South
To 2.0 Miles South of I.H. 35E
Denton County
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Mr. Lloyd Harrell
City Manager
City of Denton
215 B. McKinney Street f .
1 Denton, Texas 76201 gilt'
! Dear Mr. Harrells
i.. We are furnishing a typical section for the above project for your
review and comments. The section shown provides for a 4-lane roadway
with a flush median. An alternate to this section would be to provide
a raised median.
Attached is a page from our "Highway Design Division Operations and pro- i
I cedures Manual" which discusses the use of Barbed and flush medians.
Please indicate which type of median treatment the City of Penton would
prefer to utilize on this project,
1
Sincerely,
Dwight So Bird
Resident Engineer
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HIGHWAY DESIGN DIVISION OPERATIONS AND PROCEDURES MANUAL 146
I. Curbed Medians
A raised median with curbing is used on urban arterial
(non-freeway) streets where it is desirable to prevent mid-block
turase Where the demand for ■id-block turns is high, this
design way be inappropriate since operational problems may
result due to the heavy concentration of left turns at
intersections. Curbed medians are more appropriate where
drivewAys are infrequent and/or low volume, such as through
residential areas, parks, etc. Curbed medians should be
minimally 12 feet (!0' storage lane plus 2' divider at
rob% icted locations) and desirably up to 18 feet (12' storage
lane plus 6' divider) in width. Wider medians are receptive to
landscaping, but with widths exceeding 20 feet cross street
left-turning traffic may cause intersection "lock-up" ►fiere both
cross street approaches are served by a single signal phase. h
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V 2. lush Medians
Flush medians may include pavement markings dekinestiog
directional turning bays, or they may be used where
appropriately marked as continuous two-way left-turn lanes
(abbreviated TWLT0, The TWLTL design allow use of the flush
median area for left turns by traffic from either direction on
the street. The TWLTL is appropriate where there is a high
demand for mid-block left runs, such as in areas with (or
expected to experience) moderate or intense strip development,
Used appropriately, the TWLTL design has improved the safety and
operational characteristics of streets as demonstrated through
reduced travel times and accident rates. The TWLTL design has
offered added flexibility since, during spot maintenance
activities, a travel lane may be barricaded with through ttsffic
temporarily using the median Laos. Recommended median lane
widths for the TWLTL design are as shown below in Figure 4-27.
MEDIAN LANE WIDTHS FOR
TWO-HAY LEFT-TURN LANES
11
M.IYIMUM LEGAL SPEED WIDTH OF TWLTL Ft,
(m h) usual M a ■ia
0 - 30 12-14 I1
35 - 40 12-14 Il
45 - 50 14 12
over 50 16 14
I Figure 4-21. Refers to Paragraph 4-302(8)2
4-SI
REC~IVEQ JUL 2 0 f988
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CON"Nis CIS mass
N00 wILSON eT.
DENTON. TEXAS 7001
July 14, 1988 i
City Hall
j At f. David Ayers
215 E. McKinney
Denton, Tx 76201
Dear Mr. Ayers:
This letter is a follow up of your conversation w'.th Kay
I Miller, our administrator. We feel the raised median on
- Teasley Lane would cause us to lose some of our business
and are therefore requesting that consideration be given
to either not putting in the raised median or putting a
break in the median thereby allowing traffic to cross
Teasley and enter through the drive on Teasley.
It is our understanding that there will be a light and a
left hand turn lane at Teasley and Londonderry however,
we still feel the raised median will prevent some people
from stopping.
Any further correspondence and/or information regarding
follow-up meetings between the City and property owners/
operators, may be send to us at 1600 Wilson St., Denton,
Texas, 76205.
Thank you for your consideratlon in thLs matter.
y
SiJkC;
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President
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RECEIVED 2 7 1988
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July 26, 1988
Mr. F. David Ayers E
City of Denton Engineering Department l
215 E. McKinney
Denton, Texas 76201
REi Teasley Larne Reconstruction
Dear Mr. Ayersi
Thank you for your July 120 1988 letter about input on the Teasley Lane Project.
We of course would like to ) a included in any follow up meetings between the City
and property owners. I'd like to offer the following convents as it relates r to
Oak Meadows AparbrOnts, 1800-1822 Teasley Lane. on an aerial pt►otogr ph
of suggestions had been made by City Staff, my cam=ts follow those suggestions.
"A" Traffic from the apartment and day care center to the North of Oak Meadows
flowing into the North lot of oak Meadows► then turning East to exit onto Teasley.
We oppose :trot Opening because of the current volune of traffic we experience go-
ing tWOUgh the East lot of Londonderry Oaks Apartmente (ju3t across the street)
as traffic from the southridge area swks a short-cut to the I-35E access road.
Short of mnnning our parking lot entrowe on [ondonderry Lane and asking for I. D. Is,
I know of no effective way to control this traffic. Signs are ignored and speed
bumps big enough to slow traffic will still not stop illegal traffic through the
lot. We feel that by opening up our North lot at Oak Meadows, we will create a
problem similar to what we are dealing with at Londonderry Oaks.
"8" Realigning the Oak Meadows North driveway with the strip shopping canter and
londondamy Owes middle driveway. We are in favor of this proposal with a traffic
signal to allow exit to the left from our properties onto Teasley. This realign-
mont will also allow Ray Abbott's apartr arts and day care center access to Teasley
at a light, if the State installs a raised traffic modian as favored by the City,
and we do not get a traffic light at this important driveway, rm will have lost
access for four to five buildings and about one-half of our apartment camnanity.
"C" Creating a West exit for oak meadows through the parking lot of The Residence
Apartments. Since we also own that property, we favor that proposal. All proposals
that affect Oak Meadows will require mortgage lender approval before we can insti-
tute than. Since "C" involves two different lenders, we'll need multipleapproval
and that approval is not guaranteed.
"D" Access to Londonderry via a exit over the drainage oasanent on our South lot
i between Safety i Security Consultants and the Londonderry Washouse, this was not
mentioned at our first meeting. it would require installi,xg large drain pipes
Londonderry. then a road surfaoe over
Mthe ndd-lot of eadows access Oak Meadows) and
(as was required C>a War
the pipes
F. David Ayers
Page two of two
July 26, 1988
R
f In sugmaryl with the exception of "A", which we do not favor, we're ready to
start the process to get these items in place. We feel with a raised median,
traffic signals at Londonderry and a signal at the realigned driveway are
absolutely neceseary to give us reasonable somas to Teasley, Currently with
I a txu lane road, we get onto Teasley by making a left barn out of our lots
(with patience), when Teasley is widened, I don't think patience will buy a left
turn. Vfttever sense of cooperation we now have would be lost with the expansion.
Even if the final solution is a flat median (versus the raised median favored by
the City(, we want signals at Londonderry and a signal at the real ignod driveways,
r ! Please give us a written time table of what is to happen and when, (as it's
devel.opod), so we can begin work with our lenders. Again, we are most interested
in meeting with the City and other property owners on an as needed basis.
;I
j Sincerely,
j M MEAD" APAFaMWM
E. Joseph Bendzick
Partner
Encl Site Map
oci Dr. Elmer R. Hokkanen, Partner
12710 55th Ave. North
Plymuth, MM 55442
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CITY OF DENTON CITY COUNCIL MINUTES
JULY 5, 1988
The Council convened into the work Session at 5:30 p.m. in the
I{k Civil Defense Room.
f ! PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council
1111 Members Alexander, Ayer, Gorton and McAdams.
fl q'p ABSENT: Council Member Boyd
1. A Council - Manager discussion was held regarding
major issues relative to the 1988-89 budget,
Lloyd Harrell, City Manager reviewed the major budget issues
for the next fiscal year which included the following:
1. General Fund Level - staff was recommending using
$270,000 of the unreserved fund balance to help balance the
operating budget,
2. Revenues - The three items listed under this item
were sales tax, property tax, and other revenues. Staff was
predicting a 7,2♦ increase in collections over the current
budgeted amount. Staff recommendation for the property tax was
to keep the rate at the current level of .5928 per $100
valuation. Other revenues included a staff recommendation to
raise the cable televisi n franchise tax to 5% effective
January 1, 1969.
E
3. New Fire Station - Staff was recommending funding
the reserve for manpower for the new station at $120000 for
{ 1985-89.
4. New Positions - Staff recommended the addition of
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13.25 new positions for the next budget year,
5. Salary Adjustment - Staff was recommending a 41
salary adjustment for all job families except Service/
Maintenance, Temporary/Seasonal and Executive, The Service/
Maintenance classification would receive a 5t increase and the
Executive would receive a 3% increase,
61 Benefits Adjustment - Staff recommended these
benefits adjustments for the next budget year - TMRS updated
credit, Martin Luther King, Jr. holiday, classification system
overhaul, police incentive pay (6 months) fire holiday pay
restoration, fire incentive pay (6 months), and fire pension
plan increase.
n' 7. Other Agency Contributions - Staff presented
recommendations from the Human Resource Committee which
included the funding of four new programs, the increase of
funding for some current agencies and a decrease in some
funding. The alternatives in this area were to keep the level
of funding at the current level which would not fund any new
programs and would not take into consideration any increases in
current funding, fund at the recommended level or reduce below
the current funding level.
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City of Denton City Council Minutes
July 5, 1988
Page
8. Downtown Development - Staff recommended the
I funding o: $49,587 for the City's share of the Main Street
Program under the current $,5928 tax rate.
9. Health Insurance Fund - Staff was recommending
1 the transfer of $170,000 to the Health Insurance Fund and
$30,000 for an actuarial study. Employee contributions were
also recommended for an increase.
10, Martin Luther King, Jr. Recreation Center - Staff
recommended that the Center be funded as presented in the draft
i proposed budget in the amount of $143,088,
11. Beautification Improvements - Staff recommended
that because of the critical need for beautification v
improvements in the City that one additional position be funded i
for the Planning Department to assist the Parks Department in
beautification issues.
12, Visual Arts Center - Staff's recommendation was
to maintain the Visual Arts Center and provide custodial and
utility support at the same level as the City does for any
other City building.
13. Tax Exemptions for Persons over 65 - Staff
recommended increasing the exemption by $10000 for the 1988-89
fiscal yea..
14. Economic Development - Staff recommended leaving
the funding at the current level.
15. Geographic Information System - It was staff's
recommendation to lease/purchase the Geographic Information
System on a five year basis, and to fund the first year costs
with the Utility System funds.
16. Transportation Engineering - Staff recommended
funding $45,000 for new packages in this area,
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Major Issues - Utility Fund
The proposed Utility budget for 1986-89 as submitted to the
Public Utility Board indicated a total revenue for the
operating budget of $81023,000 in expenditures and $831123,000
in revenues.
,s1
u' Exhibit A details all of the information presented by Harrell
for the council.
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City of Denton City Council Minutes
July 5, 1988
Page 3
{ 2. The Council did not meet. in Executive Session during
the Work Session.
The Council then convened into ii joint Work Session with the
Public Utilities Board at 6:30 p.m, in the Civil Defense Room
of City Hall,
COUNCIL PRESENT: Mayor Stephens# Mayor Pro Tem Hopkinst
Council Members Alexander, Ayer, Gorton
and McAdams,
COUNCIL ABSENT: Council Member Boyd
~ E
PUB PRESENT: Vice-Chairman Thompsonr Members Frady,
Chew, and LaPorte
PUB ABSENT: Chairman Laney
1. A joint discuusion was held regarding the Denton
County Regional Water/Wastewater Study Master Plan.
Council Member Ayer presented background material regarding the
plan and requested approval of the study and funding.
Bob Nelson, Executive Director for Utilities, presented an
introe-Iction to the study.
Tom Taylor, General Manager of the Upper Trinity Municipal
Water Authority, Inc., presented a slide presentation regarding
the study. He stated that the goal of the study was to develop
a regional strategy with alternative plans for meeting the
water and wastewater needs of the area until the year 2010.
The Council convened into the Regular Session at 7100 p.m, in
the Council Chambers.
PRESENT: Mayor Stephenal Mayor Pro Tem Hopkinst Counc,l
Members Alexander, Ayer, Gorton and McAdams,
ABSENTi Council Member Boyd
1, The Council received a presentation of the Government
Finance Officer's Association Award for distinguished budget
,q presentation.
Debra Porte' made the presentation to Council. Mayor Stephens
accepted the award for Council and Staff,
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' City of Denton City Council Minutes
July 5, 1988
Page 4
2. The Council considered apoval of the
regular meeting of Jpjne 7, 1988 andrJune 21, 1988minutes for the
Council Member Ayer noted a
typographical the June 7, 1988 meeting. He questedacoerror on
rrection page one of
Gorton motion, McAdams second to approve the minutes with the
noted correction. Motion carried unanimously.
3. Public Hearings
A. The Cou^cil considered an ordinance amending the
parking regulations of Article 15 of Appendix B-zoning of the
Code of Ordinances of the City of Denton, Texas, to provide for
regulations for compact parking spaceso repealing Appendix
Illustrations No. 13 and 13A of Appendix B-zonings providing
for a maximum penalty of $2,000 for :!olations thereof; and
providing for an effective date. (The Planning and zoning
Commission recommended approval.)
The Mayor opened the public hearing,
! No one spoke in favor.
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No one spoke in opposition.
The Mayor closed the
public hearing,
i Cecile Carson, Urban Planner, stated that the ordinance was in
conjunction with the Subdivision Regulations. The purpose of
the ordinance was to provide for compact parking spaces with a
I maximum of 101 of the required parking allowed for compact
parking spaces. The Planning and zoning Commission recommended
approval with a 7-0 vote.
Mayor Stephens asked if the spaces were required to be marked
for compact cars only.
Carson replied that this ordinance had no requirements for the
spaces to be markad but that it was noted in the Subdivision
Regulations that the spaces would be marked,
Mayor Stephens stated that he would like to have that language
included in the ordinance for further clarification.
Hopkins motion, Gorton second to postpone consideration of the
ordinance until the next regular meeting for rewording and
clarification. On roll vote, McAdams "aye,' Alexander "aye,"
Hopkins "aye," Gorton 'aye,' Ayer "aye," and Mayor Stephens
'aye.' Motion carried unanimously.
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City of Denton City Council Minutes
July 5, 1988
Page 5
B. The Council considered a petition of Vera T.
Gershner requesting a variance of Article 4,03 of the City of
Denton Subdivision and Land Development Regulations at 2312
Stonegate. This property was further described as Lot 4, Block
as in The Ridge of Southridge Addition. Article 4.03 required
the maximum residential driveway approach to be 20 feet, The
petitioner was requesting a 38 foot driveway approach to a
garage fronting on Hollyhill Drive, V-45 (The Planning and
Zoning Commission recommended approval, the Citizens Traffic
Safety Support Commission recommended denial.)
The Mayor opened the public hearing.
Dr, Vera T. Gershner spoke in favor of the petition. She
stated that she was requesting a 38' wide driveway. She was in
need of a wider driveway as a family member was confined to a
wheelchair. The problem arose when they sought approval for a
curb cut.
No one spoke in opposition.
The Mayor closed the public hearing.
Elizabeth Evans, Planning Administrator, stated that the
Planning and Zoning Commission approved the request for
variance with a 5-0 vote to allow a 38' wide driveway approach.
Gorton motion, Alexander second to grant the request for
i variance. On roll vote, McAdams 'aye," Alexander "aye,"
Hopkins 'aye," Gorton 'aye," Ayer 'aye," and mayor Stephens
'aye.' Motion carried unanimously.
City Attorney Drayovitch stated that Council needed to complete
the variance request form included in the backup materials.
Conditions for the variance needed to be noted.
Gorton motion, Alexander second to accept the wording as
presented to the Council from the Planning and Zoning
Commission as rational for granting the variance. On roll
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye," Gorton
'aye," Ayer "aye,' and Mayor Stephens 'aye.' Motion carried
unanimously. (Exhibit e)
4. Consent Agenda
Mayor Stephens requested that Items 4.A,3. and 4.C,1. be
removed for +.pecial consideration.
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City of Denton City Council Minutes
July 5, 1988
Page 6
Hopkins motion, McAdams second to approve the Consent Agenda as
presented with the exception of Items 4.A,3. and 4.C.1. Motion
carried unanimously.
A. Bids and Purchase orders:
1. Bid $9874 - wire & Cable ff
2. Bid $9872 - Electronic Pulse Recording system
4. P.O. 484943 - Freese & Nichols
B. Plats and Replats
Y
1. Consider a Y
ppcoval of preliminary plat of the
Frank Borman Elementary School Addition, Lot
1, Block A. (The Planning and Zoning
commission recommended approval.)
2. Consider approval of preliminary and final
replat of Lots 21 30 51 7, 81 90 10, 11, 12,
13, and 14, to Lots 2, 3A 3H 5 7
~ ~ , , 8A, 88,
8C, 9A, 9B, 10, 11, 12, 130 and 14A, Section
(i Onei and Lots 15, 16, 19, and 20 to Lots
14B, 151 16, 19 and 20, Section Two, of the
Solar Way Addition. (The Planning and
Zoning Commission recommended approval.)
The Council considered Item 4.A.3.
Mayor Stephens questioned the wording in the back-up material
which stated that the cost of the bags were $4.20 per bag.
John Marshall, Purchasing Agent, stated that the cost should
have been stated as $4.20 per roll.
Stephens motion, Alexander second to approve Consent Agenda
Item 4.A.3. Motion carried unanimously,
3. P.O. $84937 - Arrow Industries
The Council considered Item 4.C.1.
Mayor Stephens questioned the discrepancy between the amount of
the taxes and the amount of the check for the taxes.
John McGrane, Executive Director for Finance, stated that the
check was for three parcels of land and not just for the parcel
that the refund was being requested for.
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City of Denton City Council Minutes
July 5, 1988
Page 7
Stephens motion, McAdams second to approve Consent Agenda Item
4.C.1. Motion carried unanimously.
I C. Tax Refund
1. Consider approval of a tax refund to Fleet
Mortgage - $1,051.94.
5. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, =equipment, supplies or
services.
° The following ordinance was considered:
NO. 88-112
AN ORDINANCE ACCEPTING COMPETITIVE SIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES CA SERVICES PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams 'aye,' Alexander "aye," Hopkins 'aye," Gorton
"aye,' Ayer 'aye,' and Mayor Stephens "aye." Motion carried
unanimously.
9. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
I The following ordinance was considered:
NO. 88-113
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE LAW EXEMPTING SUCH PURCHASES FROM
' REQUIREMENTS OF COMPETITIVE BIDS AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. on roll
vote, McAdams 'aye,' Alexander 'eye,' Hopkins 'aye,' Gorton
'aye ' Ayer 'aye,' and Mayor Stephens "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
July 5, 1988
Page 8
C. The Council considered adoption of an ordinance ~
authorizing the execution of a contract between the City of F
Denton and the United .State: Army Corps of Engineers for access
and site activities on the hydropower project at Lewisville
Lake. (The Public Utilities Board recommended approval.)
The following ordinance was v.)nsidered:
NO. 88-114
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN THE CITY OF DENTON AND THE UNITED STATES ARMY
CORPS OF ENGINEERS FOR ACCESS AND SITE ACTIVITIES ON
THE HYDROPOWER PROJECT AT LEWISVILLE LAKE; PROVIDING
FOP THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING
FOF, AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated it was a
requirement of the City's Federal Energy Regulatory Commission
license that the Corps of Engineers review, and approve all the
plans for construction and activity at the site. The contract
outlined and described all of the various relationships and
obligations between the City and the Corps of Engineers
regarding the project. Corps required that the City put the
money up front to do the review which would be under $60,000.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "'aye#" Alexander "aye," Hopkins "aye,"
Gorton aye, Ayer aye, and Mayor Stephens 'aye.' Motion
carried unanimously.
The i
authorizing the Mayornof l the considered rof Dentonp Texas? to execute
a mutual use agreement beta;een the City cf Denton and the City
of Lewisville for an 800mz trunked communication system.
r The following ordinance was consideredr
NO. 88-115
AN ORDINANCE AUTHORIZING THE MAYOP OF THE CITY OF
DENTON$ TEXAS TO EXECUTE A MUTUAL USE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF LEWISVILLE
FOR AN 800 MHz TRUNKED COMMUNICATION SYSTEMi AND
PROVIDING AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that the agreement
would allow Denton and Lewisville to use each other's 800
system. This was part of the regulations from the FCC. It
dedicated one of the City's channels for Lewisville's use ar.d
:ewisville dedicated one of its for the City's use.
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July 5, 1988
Page 9
McAdams motion, Ayer second to adopt the ordinance. On roll
vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye,' Gorton
"aye,' Ayer 'aye,' and Mayor Stephens 'aye.' Motion carried
unanimously.
E. The Council considered adoption of an ordinance
authorizing the Mayor of the City of Denton, Texas to execute a
mutual use agreement between the City of Denton and the City of
Carrollton for an 600mz trunked communication system.
The following ordinance was considered:
i ~
NO. 88-116
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
DENTON, TEXAS TO EXECUTE A MUTUAL USE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CARROLLTON
FOR AN 800 MHz TRUNKED COMMUNICATION SYSTEMS AND
j PROVIDING AN EFFECTIVE DATE.
II+ McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'a;leHopkins 'aye,'
Gorton "aye,' Ayer 'aye,' and Mayor Stephens 'aye.' Motion
carried unanimously.
F. The Council was to have considered adoption of an
{ ordinance authorizing the conveyance of a tract of land
consisting of approximately 2907 square feet to Theron Gerald
Snider, Jr, and accepting the conveyance of a tract of land
consisting of approximately 2905 square feet from Theron Gerald
Snider, Jr.
The item was pulled by staff from the agenda.
6. Resolutions
A. The Council considered approval of a resolution
accepting the Water and Wastewater Study Regional Master Plan
for Denton County.
The following resolution was considered:
RESOLUTION NO. R88-091
A RESOLUTION ACCEPTING THE WATER AND WASTEWATER STUDY
REGIONAL MASTER PLAN FOR DENTON COUNTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
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July 5, 1988
h Page 10
f Ayer motion, Gorton second to approve the resolution. On roll
i Vote, McAdams 'aye,' Alexander "aye," Hopkins "aye,' Gorton
t "aye,' Ayer 'aye," and Mayor Stephens "aye.' Motion carried
unanimously.
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B. The Council considered 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
recommended approval). t
i ! Rick Svehla, Deputy City Manager, stated that this resolution
{ would execute a secc_ity agreement. A new owner leased a
hanger from the City because the original owner relinquished
his lease. The new owner borrowed money to improve the
9 hanger. MBank was seeking a security agreement which stated
that if the owner, First Financial, defaulted on the rent, j
MBank could sub-lease the hanger to someone else. The City
i would be providing N.Bank with collateral for the loan it made
to First Financial.
Debra Drayovitch, City Attorney, noted that there was a section
in the lease with First Financial that would allow the City
Manager or the Mayor to execute a consent to a security
4 _ interest, not in the lease hold, but in the actual buildings
that were improved. In order to do that, it did not require "
f Council approval but the lease did not authorize crediting a
security interest in the lease hold itself.
Svehla replied that MBank would still be required to pay the
same lease rate to the City that First Financial was paying to
the City. If that was not done, then the lease would revert
back to the City.
Council Member McAdams questioned as to whether the language
was clear and certain as to the rights of the City with regard
to the property.
Drayovit.;h replied that the lease would allow MBank to only
operate the structures where the improvements were made. The
security agreement, if First Financial defaulted on the note,
would allow MBank to operate for the remainder of the lease.
She stated that the way to stay fully protected would be to not
grant a security agreement.
McAdams stated that if the loan had already been granted to
First Financial and tho improvements had already been done, how
did granting the security agreement advantaged the City. Why
shoild the City grant the agreement and on their terms?
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City of Denton City Council Minutes
July 5, 1988
Page 11
Drayovitch replied that it might be best to postpone further
` discussion on the item until bank's attorney could be contacted
` because she could not give a reason why the City should or want
to execute the document.
McAdams motion, Hopkins to
postpone consideration of the
resolution until the next regular meeting. On roll vote,
McAdams 'aye,' Alexander 'aye," Hopkins 'aye,' Gorton 'aye,'
Ayer 'aye,` and Mayor Stephens `aye.' Motion carried
unanimously.
C. The Council considered approval of a resolution
accepting the Capital Improvement Plan proposed by the Planning
and Zoning Commission.
f: The following resolution was considered:
RESOLUTION NO. R88-042
f A RESOLUTION ACCEPTING THE CAPITAL IMPROVEMENT PLAN
PROPOSED BY THE PLANNING AND ZONING COMMISSION; AND
PROVIDING FOR AN EFFECTIVE DATE.
council held a discussion as to the wording of the resolution
f regarding formal approval of projects beyond the year 1991. It
was felt that perhaps the resolution should state that projects
A•; beyond 1991 were under consideration and not formally approved.
{ Alexander motion, McAdams second to approve the resolution with
the following amendments:
Section II to read, ' to be constructed during the
forthcoming three year period, and the capital. improvement
program for the electric and water utilities...
Section III to read, 'That the Council hereby takes
under consideration the attached list of recommendations of the
Planning and Zoning Commission of capital improvements for the
years 1991-92 and 1992-930.
On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,•
Gorton 'aye," Ayer 'aye,' and Mayor Stephens 'aye.' Motion
carried unanimously.
7. The Council considered a motion authorizing the City
Manager to reallocate unutilized CDBG Administrative and 1986
Morse Street funds to the Housing Rehabilitation Program. (The
Community Development Block Grant Committee recommended
approval.)
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July 5, 1988
Page 12
Barbara Ross, Community Development coordinator, stated that
the excess 1987 administrative funds and the excess 1986 Morse
h f Street funds would be put into Housing Rehabilitation Program.
` The amount of money would be approximately $25,000.
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McAdams motion, Ayer second to approve the authorization. On
roll vote, McAdams "aye," Alexander "aye,` Hopkins "aye,'
q Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion II
carried unanimously. )
8. Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following items:
A. Consideration of a motion to confirm an
appointment to the Civil Service Commission for a term to
expire in 1990. Harrell offered the name of Frank Davila as
I Civil Service Commissioner for a term to expire in 1990.
Hopkins motion, McAdams second to approve the confirmation. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,'
Gorton "aye,' Ayer "aye," and mayor Stephens "aye." Motion
carried unanimously.
B. Harrell stated that there would be a tour of City
facilities on July 12 for any Council Member who might be
interested.
= Council Member Boyd joined the meeting.
There was no Executive Session held during the Work
Session.
10. New Business
No Council Member suggested any items for future agendas.
11. The Council convened into the Executive Session to
discuss the following:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Discussed County X22 City and Maverick vs.
City'
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
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July 5, 1988
Page 13
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Considered a Denton representative to the
Regional Transportation Council.
2. Considered appointments to all City of
Denton Boards and Commissions.
The Council reconvened into open session and took the following
action:
A. Hopkins motion, Gorton second to approve the
following appointment3: Curtis Ramsey - Community Development j
Block Grant Committee, Dale Maddry - Data Processing Advisory
Board, and Fran Morgan - Planning and Zoning Commission. On
roll call vote, McAdams "aye," Alexander 'aye,' Hopkins "aye,'
Gorton aye, Ayer 'aye,' Boyd 'aye,' and mayor Stephens
'aye.' Motion carried unanimously.
With no further business, the meeting was adjourned at 10:25
p.m.
S ~ `fit
RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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EXHIBIT A
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1e MAJOR ISSUES REPORT ON THE
1 PROPOSED 1988-89 BUDGET
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SUBMITTED TO CITT COUNCIL
July 5. 1988
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The Depacwat of Fig-, a 110YD V. Min=
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CITY of VENTONj TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
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July S, 1988
TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL AND THE CITIZENS OF DENTONt
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The purpose of this report is to highlight major issues affecting the
preparation of the 1988-89 budget for the various city funds. The report follows
the same format that has been used in prior years. There is a statement of the
major issues, alternatives for dealing with the issues, and recommendations from
the staff.
Once again, the major factor affecting the budget is the economy. However, the
projections for the nest fiscal year are more optimistic than those la-the last two
years. Preliminary indications from sales tax receipts, unemployment rates, area
forecasters and the State Controller's Office are suggesting that the Texas
economy has bottomed out and will experience some moderate growth during the next
fiscal year. The budget is, therefore, built on revenue forecast based upon this
premise. As you are aware, Denton has weathered the recessionary economy of the
last two years with little impact on overall city service levelee Although there
was very little impact on service levels, there were a number of projects and
programs that were delayed because of the limited resources available. Over the
past two fiscal years a backlog of these projects and programs has occurred. The
demand for these services has grown even greater this year because of the problems
associated with past and anticipated future growth. The theme for the 1988-89
budget is to continue with the ease level of general service with moderate
expansion of new programs where possible. The areas of expansion are primarily
areas where City Council had expressed a need for improvement in the 1988-89
Council Questionnaire form. The five highest areas of rarking worst
Area Average Score
o Code Enforcement 7.43
o Beautification Effort 7.29
o Street Maintenance and Repair 7.14
o Storm Drainage 7.14
o Traffic Signslication 7.00
Major Issues Report to Mayor and City Council
July 5, 1988
It was not an easy process arriving 3t preliminary budget,6roposals. Every
available resource was examined in order to provide for the continuation of service
along with moderate expansion in some service areas. With theme factors in mind,
the draft proposed budget was established with the philosophy of retaining the
E City's fiscal integrity while keeping current level services and providing
attention to the above mentioned concerns. In c,)njunction with this philosophy the
following are some of the major issues impacting this year's budget.
MAJOR ISSUES - GENERAL FUND
1. GENERAL FUND RESERVE LEVEL - Over the past few years, the City Council and
staff have been comitted to bringing the undesignated fund balance of the General
Fund to an acceptable level. It was agreed that a generally acceptable
undesignated reserve fund balance level would be in the range of eight to tan
percent of total expenditures. As you are aware, it is necessary to keep an
undesignsted reserve in order to allow the City to absorb unexpected losses that
may occur from lawsuits, uninsured claimsp natural disasters, revenue shortfalls,
etc.. Conversely, the reserve should not be so high as to create an undue burden
on the taxpayers. The following is an illustration of the past three year's
unreserved balances, along vith the projected balance for Septeaber 30, 1988.
General Fund
As of As of As of Estimated
9/30/85 9/30/86 9/30/87 9/30188
Unreserved Balances $191229131 $19515,934 52,3019690 $2,5580000
I of Total Expenditures 6.11 7.5% 11.432 11.35%
The alternative choi"s relating to the unreserved fund balance level are:
1. Allow the balants to stay at its current level.
2. Use $270,000 of the fund balance as a resource to balance the 1988-89
budget.
3. Use all, or a portion, of the balance to fund one time capital expenditures.
4. Use part of the unreserved balance as an offset to the Health Insurance
Fund.
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Major Issues Report to mayor and City Council
July 5, 1988
Recommendations staff's recommendation is to utilize 1270,000 of the
unreserved balance as a resource to balance the operating budget. This would then
bring the estimated fund balance to 9.11% of the proposed budget expenditures.
2. REVENUES - The second major Issue deals with General Fund revenues.
A. Sales Tax - The draft budget foretaste a 7.2% increase in collections
over the current budget amount of $4,595,000. This increase assumes an estimated
current year growth of 2.122 over budget and a 5% growth for next year. The
projected budget of $4,927,091 is $332,091 above the current year budget amount.
Part of the estimated increase is based on collections from the sales tax on
telecommunication services, and the expanded base on which taxes are collected. It q
is also anticipated that the economy will grow at a rats of around 31 for the next
fiscal year.
B. Property Tax - One of the major revenue sources to the General Fund is
the ad valorem tax. The 1988-89 draft budget proposes keeping the actual tax rate
at 4.5928 per 4100 valuation. This rate will generate 412,838,864 for both debt
service payments and operations and maintenance expenditures at a 972 collee.-ion
Appraisal
rate. However, this is based on s roll from the County
preliminary District and contains a 22 estimate of potential adjustments to the tax roll prior
to the official certification. This number may vary because of the number of the
valuation appeals applied for and the potential appr•v 4 of those appeals.
Because of the increase in valuation on the preliminary tax roll, the tax rate
of =.5928 will generate 412,838,864 in total ad valorem taxes. Of the total tax
amount, 45,172,754 will be needed to pay debt service at the city's General
The
Obligation Bonds, Certificates of Obligation and Contractual Obligations.
amount of debt service for 1988-89 is an increase of 41,027,518 over the 1987-88
debt service amount. The increase is due to the issuance of the 41,100,000 C.O.'a
for the 800 MH2 radio system, the 4500,000 airport improvement C.O.'s, the 3775,000
equipment Contractual Obligations and the Capital Improvement Program Ceneral
Obligation Bonds for 1987 and 1988. It was anticipated that the revenue generated
from the radio system, the airport leases, and growth in the tax roll wo.ild offset
the increased debt service requirements. This revenue has not materialized. In
fact, only 432,607 of additional property tax revenue for the General Fund
operations will be available from a 3.5928 levy. For 19881 there is a change in
the formula for calculation of the effective tax and the roll back tax rate.
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Major Issues Report to Mayor and City Council
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Using the preliminary tax roll, the adjusted roll back rate for 1988-89 would be
x.6139 per '100 valuation.
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1. reep the tax rate at its current level of 1.5928 per $100 valuation.
2. Reduce the tax rate to the effective rate of $.5459 per $100 valuation. It
would be necessary to reduce the proposed budget by $19171,000.
3. Was the rate to the 81 roll back limit of 1.6139. This would generate an
additional $457,000 worth of revenue.
Recommendations Staff recommendation is to keep the rate at the current
level of $.5928 per 4100 valuation.
C. Other Revenues - The only other area of the General Fund where an increase
in charges is being recommended it in the cable television franchise. The staff
has been in negctiations with the cable television company for over a year. The
purpose of the negotiations is to implement a new franchise agreement. It is
anticipated that an accepted franchise agreement should be in place by January 1,
1989. The draft proposed budget incorporates an increase of the franchiao tax
revenue in the amount of $41,250. In order to generate this amount, the agreement
would raise the franchise rate from 31 to 51 for nine months of the 1988-89 fiscal
year.
The alternatives for the cable franchise aret
1. Keep the rate current and reduce the budget by $41,250.
2. Raise the franchise tax to 51.
Racossssadationt - It is the staff's recommendation to raise the cable
television franchise tax to 51 effective January 1, 1989.
3. NEW FIRE STATION - As has been indicated in the past, the Capital
Improvement Program provides for the building of additional fire stattons in the
1988-89 fiscal year. However, the Capital Improvement Program does not contain any
funding for manpower costs saaceiated with the new stations which have been
estimated at $225,000 yearly. In order to prepare for the opening of the stations,
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$75,000 was budgeted for 1486-E7 and was put into a reserve account. The 1987-0
budget provided for another $120,000 which brought the reserve account to $195,000.
The draft proposed budget keeps the funding level at $120,000 for the 1968-89
M ~ fiscal year, thus bringing the reserve level to =315,000.
The alternatives for funding the fire station reserve aret
1. Only set aside a portion of the $120,000 in the 1988-89 budget, which would
slldv for the allocation of funds elsewhere.
2. Set aside $120,000 which will bring the reserve level to $315,000.
3. Leave the reserve at $195,000. This would allow $120,000 to be allocated f
to other prcgrsm.
4. Deplete the reserve. This would free up $315,000 to be allocated to other
program.
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5. Increase the ;uading for the fire station to $225,000 which would
necessitate =1050000 being taken from other progress.
Recoswndationt Staff recommends the funding of the reserve at $120,000 for
1988-89. This would allow the City to build up the reserve and make it easier to
meet the manpower costs of $225,000 that will be necessary for the new stations.
4. NEW POSITIONS - In the 1988-89 draft budget proposal there are some new
positions recommended which will either pay for all or part of their costa
themselves, or are necessary in order to meet the community demand for additional
services.
All the position requests were closely scrutinized by the entire Executive
Review Committee, Finance Department and the Personnel Department. More than 62.75
requests were adequately justified, but due to the tight budget, only 33.25
positions were included in the budget proposal. Although theme positions will help
in areas of increasing demand for services, we are still not able to keep up with
the growth of the city and continue to fall behin4. Only those absolutely
essential positions that will have the offset of additional revenues, or address
critical public service demand areas, are recomended.
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I The positions are as follows'
II Department/ Full-Time
EQuivaleat Comments
Position Division
I Bldg. Operations 1 This position is essential in being
Teed i able to keep up the maintenance of
TechnicSan the cumber of city buildings.
Much of the expense for this
position will be offset by a de-
crease in contractual maintenance
expenses.
l This position will serve as t
4 Main Street Director Planning Dept. coordinator of the main Street
Program. It will work in con-
junction with the State Main Street
Program in an effort to redevelop
the downtown area.
Accounting 1 This position will work with the
utilities coot utilities Dept. to develop cost
Accouatsat accounting information. The Public
Utility Board has requested thin
type of position. Funding will be
provided for by the Utilities
Administrativa transfer.
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Public Works 1 This position wl
this areaif cease out
I Code Enforcement
Officer (position three Flus a temporary position
funded for which is assigned from Building In-
spections. This increased staffing
6 months)
should substantially lacrosse our
code enforcement efforts through-
out the city.
.50 This position is an upgrade from a
Clerk/Typist P1i/Eagiaeering half-tise to a full-time. It will
help address the heavy clerical
workload the this at*&
clerical as wall
gnment
sssuaf.ag
for the airport staff.
Civilian Jailers Police 2 bstantially redu a thsleaour' of
time patrol officers suet spend
processing prisoners into our jail
as well as allowing for better
security and mafaty in Jail
area.
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Department/ Full-Time
Position Division Equivalent Comments
Budget Analyst Treasury 1 Thin position which has been
recommended
will n furthe ther anhace the
auditors the
availability of staff to do cost
benefit analysis, monitor perfor-
mance measures and budget analysis.
The position will report to the
Treasurer who will also assume the
title of Budget Officer.
Warrant Officer Police 1 ltcauso of the backlog of warrants,
this position is necessary and will
be off-set by increased warrant
collections.
Senior Secretary legal .SO This position is necessary because
of the increased demand upon the
legal Dept. and will allow the
ability to orpand the collections
area.
Receptionist Personnel Adm. 1 This position will help with the y
increased traffic coaing into the
Personnel Office and will free
other staff members for other
assisnmenta.
Court Clerk Municipal Court 1 This position will help handle the
increased workload in the Municipal
Court and will be offset by in-
creased revenues.
Fire Maintenance fire Operations 1 Thli position will provide for a
Mechanic firelighter to be reclassified as
a fire maintenance mechanic. In
order to keep current staffing
levels, the vacant firefighter
position will be filled. In order
to offset the additional position,
the fire Department will not fill
the Division Commander position
formerly held by Paul Reed.
Personnel Ceneraliat Personnel 1 This position will help alleviate
(funded for 6 months) the current workload of the
staff. Primary responsibilities
will be in the areas of ,raining
assistance, intarvievins, salary
surveys, research and special
projects.
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Department/ Full-Time
Position Division Equivalent Comments
Clark/Typist Police 1 This position will allow increased
productivity of the officers
assigned in the criminal investi-
gation division. There is
currently only one secretary
assigned to assist the 17 CID
Officers within this division.
Secretary General .25 This is an upgrade of the present
Govto secretary from half-time to three-
quarter time. This upgrade will
allow the secretary to handle the
increased necessary day-today
workload currently being done by
the City Secretary and the Adminis-
trative Secretary.
TOTAL 14.25
Less Position Eliminated 1.0
NET ADDED 13,25 Full Time Equivalent (does cot
include MIX positions covered in
issue $10)
Racosmendationt It is recommended that the new positions defined above be
included in the 1988-89 budget.
5. SALARY ADJUSTMENTS - The nest major issue Is that of salary increases for
employees. There are several possible alternatives for salary increases.
1. The first alternative would be to grant no annual pay adjustments.
2. The second alternative would be to bring the various job classes to
minimum market as determined by the market survey conducted by the
Personnel Department. The total impact to the General Fund would be
11,870,302
3. The third alternative would be to grant a percentage increase to the
various job families.
Raconmendationt Staff recognizes that resources in the 1988-89 fiscal year
will once again be limited. However, because there were no salary range
adjustments granted in the 1987-88 budget year, staff feels that some adjustment is
necessary in order to keep us from falling further behind market. The stiff also
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recognices that because of very large increased health Insurance'
costs, mployees'
costs for health care for dependents will be substantially increased next year.
Because of these factors, staff is recommending a 42 salary adjustment for all job
families except Service/Maintenance, Temporary/Seasonal and Executive. Staff is
recommending that the Service/!faintenaace classification receive a 52 increase
because it is 162 behind actual market average. Staff is also recommending that
Executivas receive a 32 increase and Temporary/Seasonal 02. The total cost of this
proposal to the General Fund would be $594,020.
6. BENEFITS ADJUSTMENT - The benefits adjustment package that is being
recommended once again takes into consideration the items that have beta postponed
in the past because of fiscal constraints.
Recomswndatioms The following benefit adjustments are recommended by staff
for inclusion in the 1988-89 draft proposed budgets
Benefit C` Comment
1. TMRB updated $58,300 This would bring the city's servics credit
credit up-to-date which has not been done since
1984. It is further recommended that a TMRS
update be done on an annual basis in future
years.
2. Martin Luther $101178 This would increase the number of
1 King, Jr. Holiday holidays for city employees from eight to
nine. The 110,178 is for actual overtime
pay. Lost productivity costs are estimated
to be $103,7269
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3. Classification $340500 The city's job classification system is
system overhaul in critical need of overhauling having last
been comprehensively reviewed nine years
aao. In order to administer wages and
salor:es, a review should take place at
War every five years, The amount budgeted
is for 502 of the consultant costs only.
The remaining 502 would bu incurred in
fiscal year 1989-90. This amount also does
not provide costs associated for
implementation of recommendations from the
consultant.
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Benefit Coot Comment
4. Police Incentive 144,248 This would allow for the expansion of the
Pay (6 months) police incentive pay program. The current
program provides the following incentives:
Level/Code Monthly Payments Certification
Level 1 1 30.00 Intermediate
Level 2 $ 45.00 Advanced
1 50.00 Field Training
Officer
The expanded request includes:
Certification/Education Ho. Payments
30 hours toward a degree 30.00
Field Training Officer 50.00
Intermediate Cert, or ASSOC* Degree 60.00
Advanced Certification or Bachelors $120.00
*Figures are not cumulative
5. Fire Holiday 152,516 This will permanently address the fire
Pay Restoration holiday pay issue by granting a pay increase
to fire personnel and shifting to a compensa-
tory time system for future holidays.
6. Fire Incentive 1260054 The resources in this plan will provide pay
Pay (6 months) for the restructuring of the fire education
and incentive pay plan. The plan will
encourage advanced fire training. The plan
will oleo reward those who seek college level
fire training in both technical and
managerial areas. Below Is listed the
current and proposed incentive programs
Incentive
Certification Pay
Level Cur Pro
Basic/En 1 30 1 0
Iatermedisto 1 30 1 50
Advanced 1 45 73
Master 1 60 ! 100
*Paramedic 1 35 1 100
sParamsdie pay cumulative with any one fire
certification level.
7. Fire Pension 1130142 The resource for the increase allow for the
Plan Increase phase-in process of 1/2x per year as agreed
to by the firefighters. State law allows the
firefighters to increase their pension
contribution to 92 which must be matched by
the city. This increase will put the
contribution rate at 82.
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The total cost to the General Fund for all of the benefit adjustment
packages is $238,938.
I 7, OTHER AGENCY CONTRIBUTIONS - In the draft proposal, the staff has included
the recommendations from the Human Resource Committee. The committee has
recommended the funding of four new programs. It has also recommended increases
for some current agencies and, in the came of SPAN and Handi-Hoy, have recommended
a decrease is funding. The requests and recommendations are as follower
Current
A sac Funding Levels Re tests Recommendations
Denton City County Nursery 12,000 3 151000
Friends of the Featly 32,000 33 000 : 14,000
SPAN . 33,000
~ 33,000 36,000
RSVP 6,600 '5O0 34,000
Fred 1.500
Moore Child Care 290000 269M 61800
Handi-Hop 349707 26,000
HOPE 3,000 3600 5'000
Parents Anonymous 30000 51000
Life Planning/Health Services p 9'000 1,000
Ann's Haven Hospice 0 4,480 40480
Denton County Pre-Natal C;intc 0 12,000 „
North Texas Alcohol/Drug Service 0 3000 3, 00
L&Uche League 10,000 0
_ 0 1.190 0
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TOTAL $148,507 $200,170 $163,280
The alternatives are:
1. xsep the level of funding at its current level of $148,507, This would not
fund any new programs and would not take into conaideratton any increases
in current funding. This would release $14,773 for other programs.
2, Fund at the recommended level.
3• Reduce below the current funding level.
8. S OWN D_ MLOF,MffiW - Another minor issue is the continuing development of
the downtown area, As Coalncil is aware, the City has been trying to emteblis i a
Main Street Program over the past year. The 1988-89 draft proposed budget contains
a request of $39,587 that will be used in conjunction with any amounts of j
contributions or in-kind sarrices provided by the downtown merchants to fund the
Nato Street Program, In addition to the $39,587 in next year's proposed budget,
$10,000 will be carried over from the current fiscal year for total city support of
$49,581. The program will allow for the hiring of a Main Street Coordinator. The
Director will work in conjunction with the State Main Street Program to order to
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Major Issues Report to Mayor and City Council
July 5, 1988
redevelop the downtown area. The Main Street program relies heavily on the
activities of its manager, and 64% of the budget goes to the manager's
salary. Office space, tentatively valued at $18,000, will be provided by the
Downtown Association] $3,500 in furniture and $2,700 in supplies will make the
office functional. Main Street training by the State and of
is intense and continuous. her organizations
=3,700 is allocated for training and travel, which
M will often be 'transferred to persons and organizations working within the
scope of the IE
program. Advertising promotional events is budgeted at $1,000.
This funding will not cover all program costs, but represents an opportunity
to match or leverage private and other organizations' funding. Special
services funding of $50000 is allocated for historital architecture services,
and business consultants or will be used to
seri~ices, if the Stets adopts a program for titles over 50,000 in population.
The duration of the program should be three to five years.
Alternatives regarding downtown development eras
1. Increase the tax rate over $.5928 in order to generate more funds to be
allocated to the Main Street Program.
2. Make no allocation for any downtown proposal which will allow the
=49,587 to be reallocated.
3. Utilize hotel/motel tax receipts for the funding of the Main Street
Program. This would allow $49,587 to be re-allocated in the General
Fund.
E 4. Fund the Mafia Street Program at a total of $490587.
Recommendations Staff recommeade the funding of $49,587 for the city's share
of the Mato Street Program under the current 1 .5928 tax rate.
9. HEALTH IN$UWCB FUND - The next major issue for the General Fuad is the
funding of a subsidy to the Health Insurance Fund. The city health insurance fund
is basically a self-insured fund. Over the past several months, the fund has had
an enormous amount of "shock loss" claims, Through April 30, 1988, theme claims
have totalled 1292,300. It Is projected that by the end of this fiscal year, the
deficit in the fund will amount to 1225,000,
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IQ order to help offset this
recommendations to the City 1ae8, the Personnel Department has
$170 000 y Manager. One recommendation calls for made several
to the Insurance Fund. It also allows for an actuarial stud
Even with this allocation a transfer of
required Indications are th y at 1301000.
a
follow,.,
Of t
employees the
during the nest five fiscal year., Increases will be
Y ar ~euae Coveraaa
1988-84 ~ependeat Covere$e
Famtly_ Co
1989-90 201
202 20%
1990-91 102 20% 301
1991-92 10% 102 302
1992-93
10% 102 202
The General Fund 101 202
Portion of the $200,000 201
Sa $111,662, With the support o the Health Insurance Fund
contributions the transfer allocation and the
Health Insurance Fund wl11 still have a d additional es
the year. The projected b Plough
alances are as follow, deficit balance through
Le al r
1987-88 ~ouat
1988-89 (223 000)
The alternatives regarding = (137,646)
support
00 to the Health Insurance Fund
not provide an are as fc!lowst
cou ribution S° order toaeral Fund
be allocated support and !°creaq the employee's
increases !a elsewhere for
reduce the other deficit. This would alloy $111462 to
Ployes contributionsPrograas, "ut would require substantial
2. Have the General Fund and
other
amouat to sake up the current 4r fund with employees contribute the whole
deficit and future
Phase is the contributions from the General F Year. Projected deficits.
46 00 away with the - and over a number of
beccae elaauraace years.
members of the f i HMO. health fund and require that all em to
I*cos'andatio°t Pyees
Staff recomm.ads the funding of the
!eslth Insurance Fund and 0170
' increases X300000 for an actuarial study. 0000 transfer to the
for employee contrlLations as , It also rec
0mmenda the
mentioned above
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10. MARTIN LUTHER KING RECREATION CEN:SR - As Council Is aware, it is
projected that the Martin Lvther King Center will be ready to open in December,
1988. The building of the center was provided for through Capital Improvement
Funds and Community Development Block Grsnt funds. However, those funds did not
provide for any operation and maintenance costs of the center. The center will be
approximately 20,000 square feet in site which is 8,000 square feet larger than the
current recreational centers. This will mean Increased maintenance and utility
coats for the additional square footage, Although there is a larger amount of
square footage, the staffing level will be only slightly more than that at the
other centers. In addition, the hours of operation will be the some as the other
recreational centers.
The draft proposed budget includes funding of $28,936 for a recreation
specialist with the primary emphasis on youth athletics, a recreation leader with a
speciality In general children programs for $18,967, aad also includes funding of
$5,754 for building attendants. Total personal services cost is $53,657.
Additional coots for supplies, services, utilities and pay back on the loan for the
heating system amount to $54,331. In addition there is $22,600 for maintenance and
$12,600 for custodial services funded in the Building operations budget. Thus,
General Fund support for the Center totals $143,188, In addition to the General
Fund support, additional equipment for the center will be paid for from the
Community Development Block Grand Fund and the Recreation Fund, in the amount of
$100,000 and $50,0001 respectively. This brings the total funding for equipment
and fixed assets at the Center to $160,000.
The initial General Fund request for the operation, maintenance, and equipment
costs for the Martin Luther king Center was $232,524 wUch provided for 79 hours of
operation sa compared to 71 hours at North Lakes and 66, hours at Denis and
substantially more personnel. The reduced package recommends 66 hours of operation
for the MLK Center. Total initial requests from all funding sources was $362,524.
Of this amount, 1205,450 was requested for additional equipment and fixed auets.
The Fsecutive Staff reviewer the proposal from the Parks 6 Recreation Department
for the funding and had reduced the amount to a total of $143,188.
The alternatives for the FIIK Center seer
1. Delay opening of the center until after December 1, 1988 and use the
savings from that elsewhere to the General Fund.
2. Fund the KLk Center at the original request. This would add an increase of
$23,686 to the General Fund for operation and $650450 for capital equipment.
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Major Issues Report to Mayor and City Council
July 5, 1?88
3. Fund at the reduced level for phase equipment proposals and staffing over a
too year period.
` i ASCOmmendatious Staff recommends that the Center be funded as
k the draft rroposed budget in the amount of !1430088. Presented in
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11. BEAUTIFICATION IMPROVEMENTS - In order to address the concerns of City
Council for improved beautificatica efforts, the draft
proposed budget has added
two new positions. The first position is an additional code enforcement officer
funded for six months. This position will allow the city to better regulate code
violations through Nproved citation Issuance and enforcement. It is anticipated 1
that this position will generate !2,500 in additional fines which will help offset
some of the costs of the additional position.
The addition of one officer will bring the total number of code enforcement
officers to four. However, one of tLa officers is a plan examiner borrowed from
the Engin.ering Division. If the workload In the Engineering Division increases,
It may require the plans examiner to be recalled to that division sometime during
the year.
The second position is
proposed by reorganising the staffing of the Planning
Department which allows for the hiring of a full-time senior planner. This
position will be able to assist the Parks Department by completing a bikeway and
sidewalk plans rho other beautification effort of the senior plainer will be to
develop an entrance way plan as recommended by the Beautification Committee, Other
efforts considered as part of the budget process but rejected because of the lack
of funds worts
o Eagle and Bell Beautification Project 80500
o Lillian Miller Parkway Landscaping ! 34 840
o Contracted litter pick up In the parks ! 80568
o Downtown Beautification ! 51000
o Contract clean-up (litter) ! 30,000
The alternattves for beautification improvements are as follows
1. Do not fund the now
positions. This would allow !27,627 to be
clloaated elsewhere within the General Fund.
2. Increase the tax rate over the !.5928 and use the increased amounts to
do further beautification efforts.
3. Fund one additional position and approve the reorganization.
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Recommendation: Staff recommends that because of the critical need for
l beautification improvements in the city that the one additional position be funded
If and the reorganization in the Planning Department take place.
I 12. VISUAL ARTS CENTER - The city, as part of its contractual obligation with
the Greater Denton Arts Council, provides maintenance, utilities and some custodial
i services for the Visual Arts Center. Custodial support for 1988-89 is budgeted at
$3,750, maintenance support at 112,000 and, utility payments at 517,000. The Arts
Council had requested maintenance and improvement items totalling 153,100 as
4 opposed to the $12,000 recommended.
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The alternatives for the Visual Arts Center are;
' 1. Provide the same level of support to the Visual Arts Center as we do
for other city buildings, This would result in a total allocations
of $32,750.
j 2. Fund the requests of $530100 of maintenance and improvement Items as
requested by the Greater Denton Arts Council. This would require an
additional allocations of 641,100.
3. Investigate modifying the lease agreement with the Greater Denton
Arts Council so this level of support could be reduced or eliminated.
Roooesendationt Staff's recommendation is to maiatsin the Visual Arts Center
j and provide custodial and utility support at the same level as we do for any other
city building.
13. TAX EXEMPTIONS FOR PERSONS OVER 65 - City Council has expressed the
concern that individuals on fixed incomes, especially those over 65, are generally
not able to absorb additional property tax increases. It was discussed by Council
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over 65 property tax exemption. The current exemption is $16,000. In the past,
City Council has reviewed the proposal to increase the exam?tion, but because of
the tight fiscal constraints ham not been able to implement an increase, However,
this year Council has established an exemption goal of $25,000 to be implemented
over time. Staff has been reviewing options to achieve Council's stated position
` of increasing the exemption to X25,000. Under the current number of exemptions
that are filed, every $1,000 increase would eliminate $13,338 of tax revenue to the
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July S. 1988
General Fund. if the exemption was increased to $20,000 the tax revenue loss would
be $53,352. If the exemptIL. was increased to the target amount of $25,000 the
loss of revenues would increase to $120,04"
j The alternatives for the over 65 exemptions are as follows:
1.. Do nothing. Leave the exemption at the current amount of 116,000 and
utilize the $13,338 for another purpoce.
2. Increase the exemption to $25,000 immediately and eliminate $120,042
of expenditures in the General Fund, or increase the tax rate above
1.5928.
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` 3. Implement a goal of increasing the exemption by $1,000 to a total of
$17,000.
Recommendation: Staff's recommendation would bs to increase the exemption by
$11000 for the 1988-89 fiscal year.
14. ECONOMIC DEVELOPMENT - The City provides monetary support for a
point ,
effort between the City and the Chamber of Commerce for economic development (this
year proposed at 134,000 and $50,000 for next year). In addition, the City
provides approximately 16.62, or $26,776, of its total Municipal Se vices
Department budget for economic development. The draft proposed budget for 1988-89
continues this level of support. Discussions did occur during the review process
coocernia :he
g possibility of requiring the Economic Development Office of
she
Chamber of Commerce to provide this support for the City of Denton.
The alternativea for economic development star
II 1. Leave the funding as it is currently allocated.
2. Require the Chamber to assume the activities that are currently being
` done by the City. This would allow $26,176 to be allocated elsewhere.
3. Increase the City's effort in the area of economic development.
Recommendations Staff's recommr datios is to leave the funding at its
current level.
1S. C,rotraphic Information System - Another major Issue is the installation
of a Geogtaphic Information System. Staff has been reviewing a proposal to develop
and install a Seographic information system. This is a computerized software system
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July 5, 1988
that allows for computerized mapping and informational date retrilval. The system
would be the cornerstone system for a number of future -,utomotive functions. The
plan that is under development calla for a five year least/purchaae program %-ith
phased in operations for various departments. The lroposed implementation plan
cells for the Utility Department to be the first and only user of the system in
1 1988-89. The package includes additional hardware equipment for Data Processing, a
software geographic information system and additional staff necessary 1- fully
implement the system in the utiltty area. Total staff cost for the package for the
first year is 184,663. Total first year costs of, the package, locluaing personnel,
equipment, lease, and license costs, are $246,891. of the first year coat, the
Utility Fund would provide the entire amount. After the first year program, the
annual General Fund portion of the cost of the system will be approxir.stely
1120,000 per yet; for the length of the leaae/purchase plan. After the system to
purchased, annual maintenance and personnel costs would be required.
Alternatives to the Geographic Information System area
1. Do not implement the system.
2. Implement a scaled down version with Utilities being the majority user.
This would allow for a limited use system that would be used primarily by
the Utility Department.
3. Fund the five year implementation lease/purchase program o.'. the Geographic
Information System.
Recommendations The staff reco.vendation is to lease/purchase the Geographic
Information System on a five year tasis, and to fund first year costa with Utility
System funds.
16. Transportation Engineering - The last Ajor istue for the General Fund
deals with transportatt.n engineering and traffic signalisation. In the draft
proposed budget several new packages for rue Traffic Engineering Division are
tecoeasaded. The major addition to the budget is $20,000 for contracting with a
traffic consultant, The consultant will review major traffic problems aroas in the
city and make recommendations as well as examining the traffic implications of
private development.
In addition to the consultant, there is 920,040 allocated for the purchase of a
wedge ccacrets saw, a hot melt applicator and two jackhammers. This equipment will
allow the crews to be more efficient and productive .rhea. worklos in the field on
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July S, 1988
current problem areas. The last new package included is the proposal is 15,000 for
transportation planning. This program will allow for the purchase of the North
i Texas Council of Governments' TRANSPI.AN/NEDS and TRACS software programs. The
TRACS software package is a local area site impact analysis program which tests the
{ impact of new developments oa the local roadway system. The IRANSPLIN/NEDS
j software program will provide for computer assisted transportation planning. It
will aid in.the forecasting capabilities of highway and transit networks.
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The alternatives for Transportation Engineering arat
1. Eliminate from the budget the now packages. This allow for the
reallocation of 145,000 to other areas. 1
2. Increase the budget allocation for Transportation Engineering. This would i
1 necessitate the finding of additional resources or expenditure reductions.
3. Keep the new package of consulting services, equipment and software in the
proposed budge.
Recomendatiost Staff's recommendation is to fund the =45,000 of new
{ packages.
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MAJOR ISSUES - UTILITY FUND
The proposed utility budget for 1988-89 as submitted to the Public Utility
Board, shows total revenues for the opersting budget of 161,923,000 in expenditures
and 183,123,060 revenues.
New Positions - In the draft proposed budget, the electric department has 6.5
additional positions. This brings the total positions from 10,0 to 146.3. Total
additional cost for these positions is 1214,111. The positions are as followas
1. Computer Administrator. The primary responsibility of this position will
be to act as the project manager for the AM-FM, Geographic Information System for
the Utility Department. It will && slot in the design of the specifications for the
system and will aaist in the preparation of the requests for proposals. This
position will also help in the oversight of centralised computer acquisition,
inter-connects and centralised programs, maintenance. This position also will
furnish assistance to all utility departments for purchase of future equipment,
i trouble shooting, and training.
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Major Issues Report to Mayor and City Council
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2. Secretary/Electric Administration. This secretarial position will provide
additional clerical staff to the Electric Utility which includes eight divisions.
Included in its area of responsibility will be Energy Management which has been
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functions which have been relocated to the Service Center. The present staff
consists of one senior secretary, one secretary and one clerk/typist to serve
I management personnel. Due to the additional work load imposed by the load {
management and customer inceat.re programs, this position is being recommended for
funding in the 1988-89 budget.
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3. Spacial Protects Supervisor/Elect:ic Production. This position will
coordinate and supervise the installation and operation of the back up diesel units
r, at the electric power plant. In addition, this position will oversee special
projects such as remodeling activities, assessment of building needs and custom
construction projects at the plant.
4. Maintenance ADorentlea Electric Production. The maintenance apprentice
will service turbines by checking clearances on components and repairing and
replacing damage of unduly worn parts. It will service high pressure boilers,
service condensate (by locating and stopping air leaks), and cleaning tubes. It
will also be responsible for the inspection and repair of ganetal planning
equipment.
3. Electric Apprentice/Electric Communications. This position is required to
have adequate staffing to maintain the radio system for all city departments.
6. Results Entineer/Electric Productiope The results engineer will be
responsible for the plan and design extension modifications of the Spencer Electric
i Generation plant. It will act as a project engineer and coordinator of major
construction projects at Spencer Plant and will assist in computer programs and
computer studies of the Spencer Plant. It will study Plant performance and make
recommendations for improvements.
1. Administrative Assistant/Electric Administration. This position is a
j permanent part-time position which will report to the Esecutive Director of
r Utilities. The position will be utilised to perform routine tasks including
document research, prepare reports, graphs, and chatts as required. It will gather
factual and/or statistical data, investigate customer complaints, onalyme findings
and take the necessary action.
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Major Issues Report to Mayor and City Council
July 3, 1988
The Water/Weete Water Department currently has budgeted fot the addition of
j seven and one-halt positions. This brings the total
poaltioaa from 108.25 to
113.73 Total additional cost for these positione is 3182,013.
1- Administrative Assistant in Waste Water Administration. This position
would bring to the Waste Water utility a full time position which is currently
being shared by Water/Waste Water and Electric Utilities divisions. The Individual
I will act as secretary of the Denton County Water Study and as laision between the
Utilities Department and Customer Service division.
2. Geographical Information system Technician Waste Water En nearing. This 4
position will allow for the gathering, coding and input of data bases for the new
AM-FM Geographic Informatiot. System. This position will also review data to insure
for accuracy.
3. Civil Eulneer/Waste Water Easimeoring.
for engineering This position will be responsible
designs analysis construction and facilities management. It will
also be responsible for management of consultant services sad special aosigoments.
This will allow the
present engineering staff to work leas overtime hours and
redQc o the dependency on outside services.
4, sht EauI ws t 0;orator/Sew r Collettioa.
This position will provide
support personnel to Implement OSHA standards and highway safety
barricades and flagging when field work is required. procedure ouch as
S. Find Technician/Waste Water Engineering. This position will be
responsible for managing and conducting field activities such as sewer Minim
savage flow testing, pressure monitoring, fire hydr+nt flow/C-Factor testing and
leak detection and managemant of geographical Information systea.
Go Two Seasonal Techaiciano/Eneinearins. These technicians will be
responsible for asUting field technicians in sewage flows, testing pressure and
monitoring, etc. These positions will allow more in-depth analysis of infiltration
and flow analysis to obtain field inforaation as required for meeting deadlines and
will allow the office technicians to meet deadlines within the office. This will
be funded at 423 full time equivalent
7. Light E u! eat 0 r for Wat• Blseribut
i~~• This will allow utilities to
provide for implementation procedures initiated by OSHA and standards In highway
safety procedures,
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Major Issues Report to Mayor and City Council
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8. Water Treatment Plant Maintenance Technician/Water. This position will
provide on *.to maintenance at the new Ray Roberts Water Treatment Plant. The
plant is acneduled to be operational by May, 1991. In order to allow for necessary
training and development for this technical position, it will be involved with the
construction and implement phases of the new plant. The position will be filled
` i approximately October/November 1988. Construction should begin in February, 1989.
ELECTRIC SUMMARY
` No rate increase or decrease is planned in electric rates for 1989. However,
the opportunity for refund exists in the 1988 fiscal year. During fiscal year
1988, variable fuel costs lessened the 2.0E per 1WH charge due to the ability to
purchase natural gas on the spot market prices less than contract price. A refund
of approximately 5.251 or M per AH will reduce 1988 revenues by $2,888,000. The
staff is currently looking at ways to be ablo to refund this amount to the utility
customers. This will also have significant savings in the General Fund because the
General Fund is a large user of electric utilities for its city buildings and street
lighting program. The savings to the General fund were used as resources for the
1988-89 budget.
WATER SUM "Y
An 8.51 increase in water rates is projected effective in October, 1988. This
will be the last half of the increase needed to pay the cost for the Ray Roberts
Project with the first half occurring in 1981-88. A water rate study is presently
under way to determine the cost allocations and rate design for specific customer
classes. The water department budget is based on revenues of 110,119,000 with
expenditures of 110,198,000, The Serge increase in expenditures is due to Ray
Roberts payments. The fiscal year 1989 paymeat will be $1,882,000.
1 WASTI HATER BMW
ho change is proposed for the sewer rate. Total expenditures for 1989 are
budgeted at 16,169,000. Total revenues eatimated at $6,210,000.
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SANITATION FUND
The Solid Waste Department performs the function of tollecting acd disposing of
all residential and the majority of commercial refuse generated in the city. The
department is composed of residential collections, commercial collections and
disposal divisions. The rates for the residential service will remain at the same
level. The commercial rates will increase April 1, 1989 based on the proposal that
j was submitted to Council earlier this year. The plan was a two-step phased
approach that called for 1.74 per cubic yard increase in roll-off charges and 1.13
per cubic yard for dumpsters in this fiscal year and an additional 1.74 and $.12
increases respectively for 1989.
It is anticipated in the 1988-89 budget that 179050 will be collected from i
various recycling programs and should significantly exceed the cost of the
operation of the program. Any excess revenues from the program are pledged to
furthering beautification efforts.
On the expenditure. side, the additional packages provided in next year's budget
are one additional commercial truck driver, additional trash receptacles for the
square at a cost of 11,840, "Help Keep Denton Clean" signs at at cost of 1750 and,
an expanded recycling program and a 11,000 reward for recycling. The expanded
recycling program will expand the current recycling program to include the
collection of computer paper from selected sites. The 11,000 reward program for
recycling news print will institute a program where a customer will receive a
monetary reward for recycling. This program has been very successful in other
! cities and can be funded from the recycling revenues. The cost for the additional
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position of commercial truck driver is 125,854 and will be offset by a decrease in
overti►.a costs.
SUMMKY
This has been a very difficult budgeting process as indicated in the major
issues report. Some minor service levels veto not restored in the current funding
level so that moderate new programs could be instituted. There are a few new
positions added to the budget which xill allow us to address areas that have become
an increasing concern over the pest two fiscal years. This report has been an
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Major Issues Report to Mayor end City Council
July S, 1988
attempt to bring these issues to the forefront and highlight thed so that Council
can discuss these issues, and if corrective messurss are necessary, it will allow
for discussion and proper decision prior to the submission of the proposed annual
program of services for 1988-89.
Should you desire any additional information, or have questions prior to the
presentation of this report at the Council Work Session, please contact John
McGrane, the staff, or me, and we will be more than happy to assist you.
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: Lloyd Harrell
JFM GiLVH:af
35611
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EXHIBIT B
CITY COUNCIL
CITY OF V
YNTON, TEXAS
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The City council held a public hearing on July 5, 1988 to consider the petition
of Vera T. Gerahner requesting a variance of Article 4.03 of Appendix A of the
k Code of Ordinances of the City of Denton, Texas.
1
After consideration and discussion of the following criteria, the Council
h approved the variance by a vote of 6-0 at its
meeting on July S, 1988. The Council based its decision on the following
1 responses to the criterias
1. Granting of the request would not violate any master plans.
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No master P1 no app y 1 to driveway approaches.
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2. The special or peculiar conditions upon which the request is based relate
to the topography, shape, or other unique physical features of the prop-
erty, which are not generally common to other properties.
Dr. Gershner has had a home built with a four car-garage. The house and garage were designed to be handicapped aasessible.
An error was made when the site plan was reviewed. The error was
recognized when the contraetvr applied for a curb cut permit.- This
permit was not applied for until the house end garage were complete.
Hollyhill at this location has only 4 houses which would be affected.
3. The special or peculiar conditions upon which the request is based did not
result from or were not created by the owner's or any prior owner's action
or omission.
The owner was not at fault for the design of the house and
garage in relation to the City ordinances, but will be the
one who has to live with the results.
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CITY OF DENTON CITY COUNCIL MINUTES
July 19, 1988
The Council cianvened into the work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT: Mayor Pro Tem Hopkins Council Members Alexander,
Ayer, Boyd, Gorton and McAdams.
ABSENT: Mayor Stephens
1. The Council held a discussion regarding a draft of the
` Denton Development Plan.
Mitchell Turner, Land Use Planning Committee, presented
background information regarding the F::gn. He stated that the
plan had been presented at five neighborhood meetings and to
various groups and organizations in the City. Turner then
reviewed the major new policy areas of the Plan which included
intensity, housing, transportation, economic development, parks !
and recreation, urban design, balanced growth, compact growth
I and implementation. He indicated that team captains from the
Committee were present to answer any questions the Council
Members might have.
Council Member Alexander questioned that Dallas Drive was not
mentioned as an official City entranceway. He asked for
clarification of that.
Harry Persuad, Urban Planner, stated that Dallas Drive would be
included as a major entranceway.
A question and answer period followed dealing with Council's
questions of the Plan.
2. The Council held a discussion of procedures for
preparing Appendix A of the Denton Development Plan.
Harry Persuad, Urban Planner, stated that new zoning maps would
need to be developed with the Denton Development Plan which
1 would incorporate the City into low - moderate - high intensity
areas. He presented three options to the Council regarding the
preparation of Appendix A. Option A would appoint a task force
which would prepare the intensity maps. The Planning and
Zoning Commission and the City Council would review the maps.
Zoning cases would be presented to the Planning and Zoning
Commission and then to the City Council separate from the
1 zoning maps. Under this option, a zoning case would take
1 approximately 15 weeks. Option B was similar to Option A
except that the zoning case would appear along with the zoning
map on the same Council agenda. Under this option, a zoning
case would take approximately 9 weeks. Option C was to delay
adoption of the Plan until Appendix A was completed,
approximately 6 months. Persuad presented the pros and cons of
each option to the Council and requested direction as to which
Option the Council wanted to implement.
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July 19, 1988
Page 2
Consensus of the Council was to place discussion and possible
action regarding the Task Force on the next agenda and to hold
( another work session dealing with which option to initiate.
3. The Council convened into Exece_ive Session to discuss
ll the following;
A. Legal Matters - - Under Sec. 2(e), Art. 6252-17
V.A.T.S.
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1. Held a discussion of Maverick ya City.
( B. Real Estate - - Under Sec. 2(f
V.A.T.S. )r Art. 6252-17
C. Personnel/Board Appointments - - Under Sec. 2(g),
t Art. 6252-17 V.A.T.S.
1. Considered appointments to the Community
Development Block Grant Committee, Historic
Landmark Committee, Human Resources
Committee, Plumbing and Mechanical Code
Board, Electrical Code Board and Park and
} Recreation Board.
The Council then convened into the Regular Session at 7100 p.m.
in the Council Chambers.
PRESENT: Mayor Pro Tem Hopkins] Council Members Alexander,
Ayer, Boyd, Gorton and McAdams.
ABSENT: Mayor Stephens
11 Consent Agenda
McAdams motion, Gorton second to approve the C
presented. Motion carried unanimously, onsent Agenda as
A. Bide and Purchases
1. aid 09869 - Chemicals - Water Treatment
2. Bid #9871 - Type I Ambulance
' 3. Bid #9874 - Wire s Cable
4. Bid 19878 - Playground Equipment
5. Bid 09881 - Aerial Signal Cable
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July 19, 1988
Page 3
Bid #9882 - Air Switches/Vertical
7, Bid #9848 - Disposal of PCB Transformers
8. Bid #9873 - Phoenix Apartments - Phase III
f 90 Bid 09875 - Loop 288 Waterline Casings
10. Bid #9876 -Mulberry & Carroll Blvd. Traffic
Signal Conduit
2. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services,
The following ordinance was considered:
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No. 88-117
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams 'aye," Alexander "aye,' Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously,
B. The Council considered adoption of an ordinance
i accepting competitive bids and providing for the award of
contracts for public works or improvements,
The following ordinance was considered:
NO. 88-116
i
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
l FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
r IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE,
McAdams motion, Ayer second to adopt the ordinance. On roll
vote,McAdams 'aye,' Alexander 'aye,' Gorton 'aye,' Ayer 'aye,'
Boyd aye, and Mayor Pro Tem Hopkins 'aye," Motion carried
unanimously.
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City of Denton City Council Minutes
July 19, 1988
Page 4
C. The Council considered adoption of an ordinance
authorizing the conveyance of a tract of land consisting of
approximately 21901 square feet to Theron Gerald Snider, Jr.;
accepting the conveyance of a tract of land consisting of
approximately 2,905 square feet from Theron Gerald Snider, Jr.
(D-46) (The Planning and Zoning Commission recommended
approval.)
E The following ordinance was considered:
I NO. 88-119
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A TRACT OF
i LAND CONSISTING OF APPROXIMATELY 2907 SQUARE FEET TO
THERON GERALD SNIDER, JR.; ACCEPTING THE CONVEYANCE OF
A TRACT OF LAND CONSISTING OF APPROXIMATELY 2905
SQUARE FEET FROM THERON GERALD SNIDER, JR.: AND
PROVIDING AN EFFECTIVE DATE.
Ayer motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander 'aye,' Gorton "aye,' Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
D, The Council considered adoption of an ordinance
amending the parking regulations of Article 15 of Appendix
B-Zoning of the Code of Ordinances of the City of Denton,
Texas, to provide for regulations for compact parking spacesi
repealing Appendix Illustrations No. 13 and 13A of Appendix
B-Z,ming; providing for a maximum penalty of $2,000 for
violations thereof; and providing for an effective date. (The
Planning and Zoning Commission recommended approval.)
The following ordinance was considered:
NO. 88-120
AN ORDINANCE AMENDING THE PARKING REGJLATIONS OF
ARTICLE 15 OF APPENDIX B-ZONING OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE
FOR REGULATIONS FOR COMPACT PARKING SPACES; REPEALING
APPENDIX ILLUSTRATIONS NO. 13 AND 13A OF APPENDIX
B-20NING; PROVIDING FOR A MAXIMGM PENALTY OF $2,000
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander 'aye,' Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye.' Motion
carried unanimously.
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City of Denton City Council Minutes
July 19, 1988
Page 5
E. The Council considered adoption of an ordinance
amending the Code of Ordinances of the City of Denton, Texas by
adding Chapter 3 1/2 to include Sections 1 through 15 of
Article I of Chapter 3 1/2 "Alarm Systems' establishing `
regulations for the use and operation of alarm systems within 1(
the City providing definitionsi requiring a
permit for users
of alarm systemst providing for issuance of permitst providing
for service charges for falsa aiarms1 providing for denial and
suspension of~ permits; and regulating alarm reporting and
operation,
Lloyd Harrell, City Manager, stated that the ordinance was
designed to encourage reduction of the number of false alarms
in the City of Denton. A penalty was available after a
specific number of false alarms during a 12 month period.
Staff was pulling the item from consideration in order to
incorporate several legal considerations that were raised since
the time the item was placed on the agenda. Those
considerations included amending the wording for residential
property which had dual alarms for fire and police. Only one
I $20.00 fee would be assessed to those properties with dual
alarms and not two separate fees, one for fire and one for
police. Another consideration was the renewal of the license
by mail rather than having to renew the license in-person.
Council Member Gorton asked about 911 false alarms being
addressed in the ordinance.
Debra Drayovitch, City Attorney, stated that a reference was
made in the ordinance regarding the use of emergency numbers
for false alarms but that issued really needed to be considered
in a separate ordinance.
Council Member McAdams was concerned that the program was
really a voluntary program and if a resident chose not to
register his alarm system, the City would have no way of
tracking the non-registered system.
I Harrell replied that the only way to know of a non-registered
system would be when there was a call to that residence. The
resident could then be cited for failure to register the system.
Mayor Pro Tern Hopkins stated that she was conc:rned about those
who chose not to register their system. Although the program
was a voluntary program, it should not be made difficult for
those reg;stering their systems.
F, The Council considered adoption of an ordinance
approving a contract providing for the purchase of real
property by the City of Denton, Texas as described herein from
Dr, Elizabeth A, Vaughan for the acquisition of property for
the City's water plant project, (The Planning and zoning
Commission and the Public Utilities Board recommended approval.)
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July 19, 1988
Page 6
The following ordinance was considered:
NO. 88-121
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS
AS DESCRIBED HEREIN FROM DR. ELIZABETH R. VAUGHAN FOR
THE ACQUISITION OF PROPERTY FOR THE CITY'S WATER
PLANT; AND PROVIDING FOR AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that this
was the final tract of land for the water treatment plant at
Lake Ray Roberts. The land would be used for a booster station
and ground storage tanks.
Boyd motion, Gorton second to adopt the ordinance. On roll
vote, McAdams 'aye,' Alexander "aye,• Lorton "aYer" Ayer 'a e'
1
Boyd aye,. and Mayor Pro Tem Hopkins 'aye.' Motion carried r,
unanimously.
A
G. The Council considered adoption of an ordinance
approving Power Cooperative between
for the City
puhase Denton
of electrical
{ facilities and easements) and repealing Ordinance No. 87-185.
(The Public Utilities Board recommended approval).
The following ordinance was considered:
NO. 88-122
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR
THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS!
REPEALING ORDINANCE NO. 87-1851 AND PROVIDING AN
EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that the
item had been acted on in October of 1987. At that time, the
agenda item price did not match the contract price. The actual
amount was more than what was approved at the previous
meeting. A special warranty deed was listed in the previous
contract which Brazos Electric Power Cooperative would not
provide. Instead they provided a partial release deed which
assured the City that there were no liens against 7.51 miles of
transmission line.
Ayer motion, McAdams second to adopt the ordinance. On roll
vote, McAdams 'aye,' Alexander 'aye,' Gorton "aye,' Ayer "aye,"
( Boyd "aye,' and Mayor Pro Tem Hopkins 'aye.' Motion carried
unanimously.
c.
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City of Denton City Council Minutes
July 19, 1988
Page 7
H. The Council considered adoption of an ordinance
accepting the conveyance of certain real property to the City
located at the northwest corner of the intersection of Lillian
Miller Parkway and FM 2181.
The following ordinance was considered;
NO. 88-123
AN ORDINANCE ACCEPTING THE CONVEYANCE OF CERTAIN REAL
PROPERTY TO THE CITY LOCATED AT THE NORTHWEST CORNER
OF THE INTERSECTION OF LILLIAN MILLER PARKWAY AND F.M.
2181 (ALSO CALLED TEASLEY LANE); AUTHORIZING THE
RELEASE OF CERTAIN LIENS IN EXCHANGE FOR SAID fl
CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.
l
Rick Svehla, Deputy City Manager, stated that this was a tract k
3 of land that the City had been negotiating for for a long
period of time. It was at the corner of Teasley Lane and
` Lillian Miller Parkway and was a possible site for a new fire
station. s
1 McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams 'aye," Alexander "aye,' Gorton 'aye,' Ayer 'aye,'
Boyd "aye,' and Mayor Pro Tem Hopkins 'aye." Motion carried
unanimously.
I. The Council considered adoption of an ordinance
amending Chapter 14 (Offenses and Miscellaneous Provisions) of
the Code of Ordinances by the addition of a new Article III
hereto regulating the conduct of picketing in residential areas.
The following ordinance was considered:
r
NO. 88-124
AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND
MISCELLANEOUS PROVISIONS) OF THE CODE OF ORDINANCES BY
THE ADDITION OF A NEW ARTICLE III HERETO REGULATING
THE CONDUCT OF PICKETING IN RESIDENTIAL AREAS}
PRESCRIBING A PENALTY IN THE MAXIMUM AMOUNT OF FIVE
HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE.
Debra Drayovitch, City Attorney, stated that this ordinance was
drafted at the request of several Council Members and was
drafted and patterned after a recent ordinance arising from a
city in Wisconsin that was considered and approved by the
United States Supreme Court on June 27, 1988. Much of the
wording was verbatim from that ordinance and additional
qualifications were added in accordance with the court's
interpretation of that particular local statute.
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City Of Denton City Council Minutes
July 19, 1988
Page 8
Mayor Pro Tem Hopkins stated that she had been approached by an
' individual requesting the opportunity to speak to the item.
With council consensus, she would allow the individual to speak,
Mark Crutcher, representing the North Texas Right to Life
organization, stated that the organization favored the
ordinance but asked for a clarification regarding the
enforcement of the ordinance. Would it be enforced as the
Supreme Court recommended in that the picketing would not be
restricted to a residential neighborhood, only a specific
residence.
City Attorney Drayovitch stated that
, picketing would be
prohibited in or about or in front of one specific residence.
If a group wished to comply with other applicable City
ordinances governing traffic and parades, they could obtain the
necessary permits.
McAdams motion, Alexander second to adopt the ordinance. On
d ' roll vote, McAdam 'aye,' Alexander 'aye,' Gorton "aye,' Ayer
aye, Boyd aye, and Mayor '
carried unanimously. Pro Tem Hopkins 'aye.' Motion
J. The Council considered adoption of an ordinance
of the City of Denton, Texas, approving a settlement and
compromise agreement for pending litigation between the City of
! Denton and Dwight Anderson as next friend for Dana L. Anderson,
an incapacitated person and Shanda Michelle Anderson, a minors
and providing for an effective date.
The following ordinance was considered:
NO. 88-125
AN ORDINANCE OF THE CITY OF DENTON# TEXAS, APPROVING A
SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING
LITIGATION BETWEEN THE CITY OF DENTON AND DWIGHT
ANDERSON AS NEXT FRIEND FOR DANA L. ANDERSON, AN
INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A
MINORI AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd "aye,' and Mayor Pro Tem Hopkins 'aye.' Motion
carried unanimously.
3. Resolutions
setting a.datehe time cil considered approval of a resolution
f and place for proposed annexation of 20.8309 acres located public at hearings r2181 and Old
Alton Road. (A-111
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City of Denton City Council Minutes
July 19, 1988
Page 9
The following resolution was considered:
RESOLUTION NO. R88-043
` A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
` PROPERTY AS DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO
fl BY THE CITY OF DENTON$ TEXAS, AND AUTHORIZING AND
DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS.
Cecile Carson, Urban Planner, stated that the public hearing
dates would be August 2 and lb, 1988 and final annexation would
be set for October 18, 1988. A plat had been received for a
mobile home park although no further action had been taken by
N the owners on the plat. There would be limited City costs
involved in the annexation and staff felt it would be in the
best interest of the City to proceed with the annexation.
Alexander motion, McAdams second to approve the resolution. On
f roll vote, McAdams 'aye,• Alexander `aye,' Gorton 'aye,' Ayer
aye, Boyd aye, and Mayor Pro Tem. Hopkins 'aye,' Motion
carried unanimously.
B. The Council considered approval of a resolution
eliminating the energy cost adjustment (Li.te Schedule ECA) for
the months of, August and September of 1988.
The following resolution was considered: I
RESOLUTION NO. R88-044
i
A RESOLUTION ELIMINATING THE ENERGY COST ADJUSTMENT
(RATE SCHEDULE ECA) FOR THE MONTHS OF AUGUST AND
SEPTEMBER OF 19881 AND PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that the
resolution would eliminate the fuel cost adjustment for the
months of August and September. Gas prices were down from when
the rates were proposed. Adequate revenues were in place to
purchase fuel for those two months and staff was proposing
passing the savings on to the utility customers. The fuel cost
adjustment would be reinstated on October 1, 1986.
Council Member Ayer asked if any special message would be noted
ou the customers utility bill.
Nelson replied that it could be included if council so desired.
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City of Denton City Council Minutes
July 19, 1988
Page 10
Boyd motion, Gorton second to approve the resolution. On roll
vote, McAdams 'aye," Alexander "aye,' Gorton 'aye," Ayer "aye,'
Boyd 'aye," and Mayor Pro Tem Hopkins 'aye.' Motion carried
unanimously.
C. The Council :onsidered approval of a resolution
1 of the City Council of the City of Denton designating certain
City officials as being responsible for, acting for, and on
behalf of the. City of Denton in dealing with the Texas Parks
and Wildlife Department for the purpose of participating in the
Land and Water Conservation Fund Act of 19651 and certifying
that the City of Denton was eligible to receive assistance
under such program. (The Park and Recreation Board recommended
approval).
The following resolution was considered:
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
LAF,D AND WATER CONSERVATION FUND ACT OF 19651
CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO
RECEIVE ASSISTANCE UNDER SUCH PROGRAMi AND PROVIDING
` FOR AN EFFECTIVE DATE.
k ~
{ Steve Brinkman, Director of Parks and Recreation, stated that
this resolution would allow the Parks Department to apply for
funding from the State to assist the City in developing Evers
Park,
Gorton motion, McAdams second to Epprove the resolution. On
roll vote, McAdams 'aye,' Alexander 'aye," Gorton 'aye,' Ayer
'aye " Boyd "aye,' and Mayor Pro Tem Hopkins 'aye." Motion
carried unanimously.
D. The Council considered 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
recommended approval).
The following resolution was considered)
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City of Denton City Council Minutes
July 19, 1988
Page 11
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.; AND PROVIDING FOR AN EFFECTIVE DATE.
i Debra Drayovitch, City Attorney, stated that she had been in
contact with Tom Jester, attorney for MBank and First Financial
Resources, regarding the necessity for the City to approve such
a resolution. -Mr. Jester had been informed that Council would
be considering the item and was given the opportunity to speak
before the council if he so desired or respond by letter
stating the reasons why the agreement was necessary. Mr.
h f Jester was not in attendance at the meeting and had not
1 submitted any further written information regarding the issue.
I Boyd motion, Gorton second to deny approval of the resolution.
On roll vote, McAdams "aye," Alexander "aye,' Gorton "aye,"
I! 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
were under way to establish a 2499 not-for-profit corporation.
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
1 members to the non-profit corporation.
5. The following official action was taken on Executive
Session items discussed during the Work Session:
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 Bezdek - 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."
r Motion carried unanimously.
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City of Denton City Council Minutes
July 190 1968
Page 12
6, New Business
There were no items of New Business suggested by Council
Members for future agendas.
76 The Council did not convene into the Executive Session
following the Regular Session.
With no further business, the meeting was adjourned at 8:10 p.m.
JANE HOPKINSO MAYOR PRO TEM "
CITY OF DENTON, TEXAS
~ I
JENNIFER WKLTERS
CITY SECRETARY
CITY OF DENTONO TEXAS
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M E M O R A N D U M
i T0: Mayor and Members of the City Council
FROM., Jennifer Walters, City Secretary Y
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DATE: July 29, 1988
SUBJECT:
Back-up for Agenda item #2 - 7:00 p.m.
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DATE: 06/02/88
CITY COUNCIL REPORT FODIAT A ,
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: PUBLIC NEARING AND ADOPTION OF AN ORDINANCE FOR Z-88-008
RECD IENDAT10N:
The Planning and Zoning Commission recommended approval at its
June 22, 1986 meeting by a vote of 5-0.
SUMMARY:
The petitioner requests approval of a detailed plan for a portion
of a previously approved planned development. The detailed plan
represents the second phase of development which was identified as
phase four in Ordinance 87-162, While the design of the detailed
plan conforms with the concept plan, a request for new phasing has ;
i, been made.
BACKGROUND:
A concept plan was approved for 18.24 acres on September 2, 1986.
A general development plan was approved by the Planning and Zoning
Cw nission on October 29, 1986 and revised on June 22, 1986. The
Commission approved a detailed plan in compliance with the concept j ;
plan for phase one on November 12, 1986. The first phase of devel-
opment was amended by Council on January 5, 1988 to permit the
creation of separately owned lots and to add a condition to the
concept plan concerning utility extension and private streets.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Twenty-five property owners were notified.
FISCAL IMPACT:
No impact to the City is anticipated.
Res fully sub f ted:
Prep red by:
100
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Ci y Manager
Tee a arson l a
Urban Planner
Appr v -
an Robbins, AICP
Executive Director for
Planning and Development
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PLANNING AND ZONING COMMISSION
fI RECOMMENDATION TO CITY COUNCIL
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To: Denton City Council
Case No.: 7-88-008 Meeting Date: August 2, 1988 F'
GENERAL INFORMATION
I -
Applicant: Insight Development
2912 Old North Road
Denton, Texas 76201
Status of Applicant: Owner
s Requested Action: Approval of a detailed plan for a t'
portion of a previously approved { 't
planned development. This detailed
plan represents the second phase of
an office development.
Location and Size: A 3.938 acre tract located at the E
northeast coiner of Old North Road
and U.S. Highway 380 (University r
Drive).
Surrounding Land Use r
and Zoning: North - Single family residential; s
SF-10
South - Vacant, Pargas; PD, C
East - Vacant; PD, SF-10
West - Multi-family; MF-1
j,
l Denton Development Guide: Low intensity area. i`
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1 SPECIAL INFORMATION
,
Transportation: Access to the phase of this
development will be via old North
Road and an east-west private drive.
The planned development required that
{ the sidewalk along Old North Road be
III built and the deceleration lane along
US. Highway 380 be provided in the
first phase of the development.
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(Case Z-88-008)
Page Two
SPECIAL INFORMATION (continued)
Utilities: A 12" water line will be provided
along the full length of the lot.
A private sanitary sewer line will
be extended from the 12" existing
sewer.
Drainage: A drainage channel has been provided
in the 30' landscaping and drainage i
easement along the northern boundary i
of the property. f
I
HISTORY
On September 2, 1986 the City Council approved a change in
zoning from the single family (SF-10) district to the planned
development (PD) classification for office use on an 18.24 acre
' tract located at the northeast corner of U.S. Highway 380 and
Old North Road. The Planning and Zoning Commission approved the
general development plan for the property on October 29, 1986.
A detailed plan was approved by the Commission on November 12,
1986 for phase one. On January 5, 1988, the City Council
approved a request for an amendment to allow for the creation
' of separately-owned lots in phase one and to add a condition
to the ori£inal concept plan concerning utility extension and
private streets.
The Commission approved a revised general development plan on
June 21, 1988. The revised general development plan changed
the phasing of development.
ANALYSIS
According to Article 11 of Appendix B, Zoning, of the Code of
Ordinances, a detailed plan must be submitted in compliance with
the approved concept plan.
Planned development-119 was appproved for an office development.
The detailed plan complies with the concept plan and develop-
ment standards approved by Ordinance 86-172 and as amended by
Ordinance 88-003. Specific standards for the detailed plan
include:
1. Maximum height of building one and one-half story or
two story, as identified on the plan;
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(Case Z-88-008)
Page Three
ANALYSIS (continued)
2. Maximum square footage of office use in the phase is
55,200 square feet based on the number of parking spaces
provided and general office parking ratio. (Medical
office parking ratio is different and the use would
reduce the allowable square footage for the phase; and
3. Laiidscaping and open space is proposed as 42.11 of the
property in the phase. PD-19 requires 201,
Two items are proposed for amendment to the concept plan:
1. A gazebo was constructed in phase one as part of the
` landscaping. The gazebo was not included In the
detailed plan for phase one of the development and is
shown with this detailed plan to identify the location.
Staff felt the location should be approved on a detailed
I plan, but does not object to the location, and
l 2. The development schedule is revised as to the order In
which parcels will be developed. The changes In phasing
are identified below
As Per Ordinance 87-162 Proposed Phasing
1 Constructed
2 4
3 5
4 2
5
3
The changes do not appear to cause any land use problems. The
general development plan has been revised to reflect the new
phasing. The private street originally proposed to be extended
to Min o Road during construction of phase two will be extended ;
with phase three.
RLCOMME:NDATION
Planning and Zoning Commission recommends approval of Z-88-008.
E
ALTERNATIVES
1, Approve petition
2, Approve petition with conditions
3. Deny petition
1
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(Case Z-88-008)
Page Four
ATTACHMENT.
1. Location map
2. Detailed Plan
3. Development Standards
4. Landscaping
5. Architectural Elevations
6. Ordinance No. 86-172
7. Ordinance No. 88-003
8. Reply form totals
9. Mailing List
10. Minutes of the Commission Meeting of June 22, 1988, j
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DEVELOPMENT STANDARLS
CONCEPT OR DETAILED PLAN
1. Statement of Intent of Owners
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To develope a garden office subdivision in compatibility with the surrounding
re and permitted use under office district
s . This request is for the detailed !
site plan review for the next phase of development. Ittt
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f 2- Statement Indicating Relation to Denton Development Guides `
li The property has existing zoning in place under PD-1191 Ordinance 86-112 and
as amended by Ordinance 88-003
Eh
- - - - - - - - - - - - - - - -
3. Total Number of Acres in Proposed Districts
3,938 acres of 18.24 acres PD-119
Land Uses and Total Number of Acres in Each Parcel or Tracts
n. Single family Detached Total Proposed Acreage
be Single family Attached (townhouses, cluster, etc.1
' c- Attached Patio/Garden/zero Lot Line
d. Duplex
e. Multi-family
f. Office
4. Neighborhood service acres - - -
he General Retail
1. commercial
J. Light industrial
k. Heavy Industrial `
1. Other (specify)
- - - - - - - - - - - - - - - -
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Development Standards
Concept or Detailed Plan
Page 2
5. Off-Site Information - adjacent or Surrounding land uses, zoning, etreete,
drainage facilities, and other existing or proposed improvements.
(Shown on XUXUX or detailed plan.)
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6. Traffic and Transportation - indicate existing and ~ 9 proposed streets, parking lots,
loading areas, access points. (Shown on KRXgM or detailed plan,)
Projected Traffic veneration. (eased on traffic study, if required.]
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7, Buildings)
a. Approximate location, (Shown on)m(OQ7i0 n or detailed plan.)
b. Maximum heights
36 foot two-story and 24-foot 1-1/2 story as shown
• -
c. Minimum setbackst (Shown on concept or detailed plan.)
Front and - 15 foot; side yard - 5 foot= rear yard - 5 foot; perimeter
30 foot
d, Maximum gross floor area (square feet) for nonruidentiali
357,540 SF for entire 18.24 acre development (FAR ■ 0.45)
164 parking a sees rovide x300 SF - 55,200 SF for 3.438 acres (FARo0.32)
8. Residential Subdivisions None
a. Number of units per acre (density)s
l be Number and location of tote] (Shown on concept or detailed plan.?
c. Minimum slier width and depth of lotsi (Shown on concept or detailed plan.)
d. Minimum front, side and rear yard setbacker (Shown on concept or detailed plan.)
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Development Standards
Concept or Detailed Plan
Page 3
9, Hater and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, floodplains, other water retention or major drainage facilities
and improvements, (shown on INAkkAlf or detailed plan,)
Drainage improvements were installed for the project in the first phase.
10. Utilities - location of all major sewer, water or electrical lines and facilities. f
I
(Shown on *XKK*XK or detailed plan.) Proposed 12 inch waterline to be extended
within the 44 foot Access and Utility Easement across the full length of the lot.
All sewer lines to be extended from the existing 12 inch sanitary sewer shall be
private
11. L~,c.tion of trees.l' in diameter - six (6) feet from ground level.
` o
1 (Shawn on dNld(d(d&tlst or detailed plan.)
No existing trees three inches in diameter or greater are on this phase.
12, Open Space - location and size of greenbelts, Parke, common and recreational areas.
(Shown on *0bW W Landscape Plan -
All areas not paved will be landscaped or grassed. Office buildings will have
_planting beds.
i
134 Screening - location, type and size of all fences, berms or screening features.
(Shown on )f)(ItXMM or detailed plan. )
6 foot solid privacy fence was installed along the north property line
in Phase I.
11. Development Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development, All dates should indicate month and year.
Detailed plan submittal
ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN
15. Landscaping Plan - major features and types of landscaping to be used,
Red Oak. Live Oak, and Bradford Pear Trees with grassed areas and planting
beds consistent with Phase I, See Landscape Plan.
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fevelopmeot Standards
Concept or Detailed Plan
Page 4
16. Signs - show location, type add size on detailed plan] otherwise, signs must
conform to Article 17 of the zoning ordinance.
All signs shall conform with the City ordinance
17. sidewalks. (Shown on detailed plan.)
` All sidewalks shall be 3 fret wide unless otherwise noted,
I 18. All Information required for
preliminary piat in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
f I
(A separate plat is required,)
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19. Development schedule (detailed plan) - lndicatil.9 start and completion of
` construction and the rate of development. All dates should Indicate month,,
R ! and year.
{ Construction Detailed Plan Submittal
P ass I 1987 - 1989 June 1987
Phase II 1988 - 1991 April 1988
Phase III 1991 - 1993 June 1991
Phase IV 1993 - L995 June 1993
f Phase N 1995 - 1997 June 1995
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i CITY OR OENTOK TEXAS
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67
REVISED Acc cIV cD 14AY 2 0 141E8
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AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1,
AS AMENDED, AND AS SAID MAP APPLIES TO 18.21 ACRES OF LAND
LOCATED AT THE NORTHEAST CORNER OF U. S. HIGHWAY 380 AND OLD
NORTH ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE
FOR A CHANGE IN IONING CLASSIFICATION FROM SINGLE-FAMILY "SF-10"
DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOP-
MENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
1 FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: j
1 SECTION I.
That the zoning classification and usa designation of 11.21
w acres of real property, described in Exhibit "A", attached
hereto and incorporated herein by reference, is hereby chanced
from Single-Family"SF-10" District Clsssificatloa and Ilso
designation to Planned Development "PD" District Classification
and Use designation under the comprehensive zoning ordinance of
the City of Denton, Texas.
SECTION 11.
That the "concept plan" attached hereto as Exhibit "B", and
incorporated herein by reference, is hereby approved as the
concept plan for the district herein estsbllshed, in accordance
with the provisions of article 11 of Appendix B-Zoning of the
Code of Ordinances of the City of Denton, Texas.
SECTION III..
That the district herein approved shall be subject to the
following conditions, restrictions, and limitations:
1. Land uses permitted in tba planned development shall
be the following uses permitted in the Office Dis-
trict of the toning Ordinance, Appendix B, of the
Code of Ordina0ceas Office - professional and
administrative.
2. The six-foot solid screening fence on the northern
boundary of the property must be erected pprior to
the Issuance of building permits for the project.
3. The detailed site plan submittal must include archi-
tectural elevations to ensure that the proposed
office buildings are physically compatible with the
sin Is family dwellings adjacent and north of the
pro ect.
SECTION IV.
The Zoning Map of the City of Denton, Texas, adopted the
lath day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordiaa..ce No.
69.1, as amended, is hereby amended to show such change in
District Classification and Use subject to the above conditions
and specifications.
Z-1111/PAGE 1
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SECTION V.
That the City C)uncll of the City of Denton, Texas, her+bi
finds that such change is in accordance with a comprehensive p'.an
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, protecting human lives, ■nd
encouraging the most appropriate uses of land for the maximum
{ benefit to the City of Denton, Texas, ani its citizens.
SECTION VI,
That this ordinance shall become effective fourteen (14) dap
from the date of its passage, and the City Secretary is herey
directed to cause the caption of this ordinance to be published
twice in the Denton Record- Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of
I its passage.
PASSED AND APPROVED this the 4L!p day of " 1916.
I Q
CITY 0 DENTON, TEXAS
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ATTEST:
CI OF D NTON,,'TEXAS
APPROVED AS TO LEGAL FORMt
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
CITY Of DENTON, TEXAS
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2-1114/PAGE I
V
EXHIBIT "A"
All that certain tract or parcel of land et Survey, situated
Abstract Number 7 Abstract Number 275 and in the R.B. Loan the 1
75 Caswell
tract shown b • Denton County, Texas; said tract bHetee Surrey,
i 4070 page 36 of th~ to Miss Harvey Thompson and recorded gin Voluma
more fully descri
~d as Dead Records of Denton County, Taxas
{ follows and being
8oginning,at the northwest corner of
seed t
corner being North Ol degrees 13ainutast3being deg East, ribed herein;
feet from the southwse corner of said Carter Surve
the northwest corner of said 3
Longbottom Surrey; 1+ the came being
being
Thence South 01 degrees 13 minutes 37 seconds Vest with the west said Carter Survey, 333.46 feet to a line
also being in the north boundar
le of point for cornea; saidCorner
Thence South 65 degrees 42 minutes~East vi tate Highway Number 24; .
of said highway 838.61 fast to an iron pinsettforncorners undary line
Thence
277277.0 South 88 degrees 17 minutes East with said highway
,0 fset to an iron pin set for corner in the north rightrofway
Mingo Roadl boundary line of
Thence North 68 degrees 49 minutes 32 seconds
l line of Said road 369.38 feet to a fence corner post nilk the uneast
F boundary Una of said tract,
Thence North 00 degrees 26 minutes 22 seconds East with a fence on the
east boundary line of said tract 561.04 feet to a fence corner posts
Thence South 89 degrees 40 minutes 45 Second north boundary
line of said elect 1383.0 feet to the Ill ace s of Vast with
8e
18.244 acres of land, more or less, and been t~ginnin
by Louis Groaning and wife g Base tractoconveyed
vile, 4 ring Jean Raiser Orella Crooning to O.F. Heiser
record in Volume 397, by deed dated August 31, 1934, and ahovnaof , Jr. Texas. Palo 604 of the Deed Records of Denton County.
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h EXHIBIT "B"
CONCEPT PLAN FOR GARDEN OFFICE DEVELOPMENT,
CONSISTING OF:
j 1. Conceptual Site Plan (2 pages);
j 2. Planned Development Design Statement (3 pages).
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GARDEN OFFICE DEVELOPMENT
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CONCEPT PLAN b
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L86-0187, PD
PLANNED D11!W MENT DESIGN STATEMENT
Cdd Carden Office
1. Statement of Intent
A. To develop a garden office subdivision in compatibility with
the surrounding area and permitted use under Office district.
B. Development and marketing to coincide with established and
future market demand. Construction to be accomplished by
phasing.
I 2. Relation to Comprehensive Plan l
The proposed district is designated as a low intensity area by
the City of Denton Development Guide. Garden office use an
proposed has been permitted in these districts.
3. Acr-me
18.24 acres
4. [And
A, Existing land use - agricultural, pasture - 18.24 acres
B. Proposed land use - garden office - 18.24 acres
g S. Off-Site Iafa mation
As shown on the Concept Plan
6. Traffic sad Tra"Portatioa
As shown on the Concept Plan
A. Projected amount of traffic - 40741 V.T.D.
B. Parking requirements as permitted by ordinance in office
district
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7. Buildings
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B. Maximum Approximate location:
two-story th and Concpt Plan 1 1/2 story
as shown on the Concept Plan
j C. Minimum building setbacks:
Front yard - 15 feet
Side yard - 5 feet
j Rear yard - 5 feet
Perimeter - 30 feet
j D. Maximum total gross floor area: 357,540 S.F.0 .45 to 1 F.A.R.
8. Residential Subdivisions
€ N.A.
n
9. Water and Dr nape
As shown on Concept Plan
10. Ut 1 s
As shown on Concept Plan
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As shown on Concept Plan. There are no existing trees three
inches in diameter or greater on site.
12. (e S
202 private use sa shown on Concept Plan
13. "cramine
As shown on the Concept Plan, 6-foot privacy fence along north
property line
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14. Dereloosjent Schedule
A. Estimated start of constructions 1987
B. Estimated phasing as shown on the Concept Plan according to
market demand:
I
Phase I 1987-1989 Detailed Site Plan, June 1987
` Phase 11 1989-1991 Detailed Site Plan, June 1989
Phase 117 1991-1993 Detailed Site Plan, June 1991
Phase IV 1993-1995 Detailed Site Plan, June 1993
Phase V 1995-1997 Detailed Site Plan, June 199S
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS# AMENDING ORDINANCE .
86-172, TO PROVIDE FOR AMENDMENT OF THE CONDITIONS APPLICABLENTO
THE PLANNED DEVELOPMENT DISTRICT FOR 18.24 ACRES OP LAND LOCATED
AT THE NORTHEAST CORNER OF U. S. HIGHWAY 380 AND OLD NORTH ROAD]
PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 3.4
` ACRES OF THE DISTRICT (PHASE Ili PROVIDING FOR A PENALTY IN THE
I MAXIMUM AMOUNT OF $2#000.00 FOR VIOLATIONS THEREOPi AND PROVIDING
` FOR AN EFFECTIVE DATE.
1 i
THE COUNCIL OF THE CITY OF DFNTUN HEREBY ORDAINS:
SECTION I. That Section III of Ordinance No. 86-172, is
amen a to rea As follows:
1 A. That the district herein approved following conditions, restrictions# and limitations Subject to the
1. Land uses permitted in the planned development shall
be the following uses permitted in the Office District
of the Zoning Ordinance, Appendix B, of the Code of
Ordinances: Office - professional and administrative.
2. The six-foot solid screening fence on the northern
boundary of the property must be erected prior to the
a:
issuance of building permits for the project.
3. The detailed site plan submittal must include archi-
tectural elevations to ensure that the propose;
office buildings are physically compatible with the
single family dwellings adjacent and north of the
project.
B That the development of phases II
District shall be subject to the following ad!11# IV V of the
ditionalnco ditions#
restrictions, and limitations:
1. No utility service line may extend across the
property line of any lot other than the lot being
served by that line.
2. No portion of an
4 circulation of traffic p i to~,g out otof,usoed for the
r traveling
f through a parking lot, shall be considered or
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designated as a "private road,' for the purpose of
any city ordinance.
3. When a private road will serve more than one lot,
` the developer shall submit to the Commission for
approval a written and binding declaration, to be
approved with the detailed plan, establishing an
owner's association or similar legal entity which
will have: f
(a) the legal authority to maintain and exercise
control over the roadi and
(b) the power to compel contributions from owners
within the development to cover their propor-
tionate shares of the cost associated with
maintenance of the road.
I.
SECTION II. That the detailed plan previously approved by the
' Commission on November 12, 1986, for 3.4 acres of the District
(Phase I), is amended by adoption of an amended detailed plan,
4 attached hereto and incorporated herein by reference. The amended
detailed plan shall be subject to the following condition:
The owner of the parking lot must execute and record a
legally binding declaration of restriction, in accord-
ance with the provisions of article 15 (c)(4)(b) of the
Appendix e-Zoning, to ensure that adequate off-site
parking for each lot will be available.
I SECTION III. That a copy of this ordinance shall be attached
to Ordinance No. 86-172, showing the amendments herein made.
SECTION IV. That any person violating any of the provisions
of ffi~s ordnance shall, upon convictions be fined a sum not
exceeding Two Thousand Dollars ($2,000.00)1 and each day and
every day that the provisions of this ordinance are violated
shall constitute a separate and distinct offense. This penalty
is in addition to and cumulative of, any other remedies as may be
available at law and equity.
SECTION V. That this ordinance shall become effective
fourteen 4 ays from the date of its passage, and the City
Secretary is, hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(30) days of the date of its passage.
Z-1873/PAGE 2
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PASSED AND APPROVED this the
day of , 1986.
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I RAY S E HEN MAYOR
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ATTEST:
JJ
JE ER LTERSt CITY SECRETARY
APPROVED AS TO LEGAL FORME
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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2-1873/PAGE 3
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AMENDED DETAILED PLAN AS ADOP M SY ORDINANCE NO. 88-003
FOR 3.4 ACRES, PHASE I OF NORTHWOOD GARDENS PROFESSIONALS'
OFFICE PARK CONSISTING OF:
1. Detailed Site Plan (1 page);
2. Construction Phasing and Landscape Plan (1 page);
3. Planned Development Design Statement 0 pages),
4. Proposed building Elevations (1 page); and
5. Field Notes, Phase I (2 pages).
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{ 09/12/86 L86-0187.PD2
4
PLAMM DNV~A?1Rlt DNIIGN STITADilr
Northwood Gardens
k Professionals' Office Park
I 10 Statement of Intent
II A. To develop a garden office subdivision in compatibility with
the surrounding area and permitted use under Office district.
D. Development and marketing to coincide with established and
future market demand. Construction to commence pending
approval process.
2. lalation to Coearahmamive Plan
The proposed district is designated as a low intensity area by
the City of Denton Development Guide. Carden office use as
proposed has been approved under Ordinance No. 86-112.
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3.49 acres
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A. Nsistiog lend use - ageieultural, pasture - 3.49 acres
r 8. Proposed land use - garden office - 3.49 acres
3. Off-Site Iafermatlom
As shown on the Detailed Bits Plan
6. TrAJUa a" Transeertatlen
As shorn on tLe Detailed Site Plan
A. Projeeted amount of traffic - 1#129 LLD,
E. Parking requirements as paemittad by ordinance in office
district. One hundred stalls shown. Ninety-six stalls
requirsd. Ten handicapped stalls.
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A. Approximate location: As shown on the Concept Plan
8. Kizimaaa heights 36-foot two-story and 24-foot 1 1/2 story
as show on the Detailed Site Plan ,
C. Minisua building setbacks:
Front yard - 15 feet
Side yard - S feet
Rear yard - S feet
P#Tisseter - 30 feet
D, Naxi>sma total gross floor areas 28,900 S.F.
1 8. Residential 8uhdivis ns
M.A.
90 Water and Did""
As show on Detailed Site Plan
10, utilities
As shown on Detailed Site Plan
tl. Treaa
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As show on Detailed Site Plan, There are no existing tress three
inches in disimmtev or greater on site,
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120 Open loads.
291 private use as show an Detailed Site plan. 201 required,
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13. ~tlriiaL
As above on the Detailed Site Plas, 6-foot privacy fence along
's north property line
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14. Davalonnent Sch ale
A, Phase I setimated start of constructions Mavember 198+6
i B, Phase I estimated finish of construction: Deeamber 1989
Construction Start Pioieh
I+ Building 1 lbvenber 1986 June 1987
3 building 2 June 1981 January 1988
Building 3 January 1988 Jule 1986
Building 4 June 1988 January 1989
Building S January 1989 June 1989
! Building 6 June 1989 December 1989
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15. Landaeaoine PLn I
4 shown on Detailed Site Plan, laudscapinS to be Provided by
' individual building owners
16. jj&U
Signage will conform to City of Denton Ordinances
17. sidewalk
As shown on Detailed site Plan
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mTANrOPIO --MUO-- NAUPTMANN, P.e., PIP6, PgaelOaNT
1 86-0187,6
8111 Cudd
11 September 1986
FIELD NOTES
Phase One
All that certain tract or parcel of land situated in the Caswell
E Carter Survey, Abstract Number 275, and the R.B. Longbottom Survey,
Abstract Number 775, Denton County, Texass amid tract also being part
of a tz.:ct shown by deed to Miss Harvey Thompson as recorded in Volume
407, Page 36, Deed Records, and all of a tract shown by deed to
William W. Cudd, III., as recorded in Volume 1964, Pags 611 of the
t Real Property Records, Denton County, Texas, and being more fully 1
described as followst
Beginning at the northwest corner of the tract being described horsing
said point also being the northwest corner of said Thompson tract, and
in the center of Old North Road (a public roads
a
, Thence North 89 degrees 40 minutes 45 seconds East, along the north
1 line of said Thompson tract, a distance of 1383.0 feet to a point for
the northwest corner of the herein described tracts said point also
being the northeast corner of said Thompson tract, and the northwest
corner of a tract shown by deed to Henry P. Lo as recorded in Volume
1067, Page 205 of the Denton County Dead Recordss
Thence South 00 degrees 26 minutes 22 seconds West, along the east
line of said Thompson tract, and the west line of said Lo tract, a
distance of 40.00 feet to point for the eastern southeast corner of
the herein described tracts
Thence North 78 degrees 59 minutes 11 seconds Wast, a disttncs of
50.86 feet to a point for corners
Thence South 89 degrees 40 minutes 45 seconds West, 30.0 feet South
and parallel with the north line of amid Thompson tract, a distance of
973.26 feet to a point for corners
Thence South 00 degroas 19 minutes 15 seconds East, a distance of
65.81 fewto a point for corners
1183 FORT WORTH r FIVE + DENTON, TEXAS 78200 + 18171363-1418 + METPO 430-1892
290 SOUTH STENMY
8 a SMITE 300 • LEWSVILLE, TEXAS 70087 • (214) 291-2418
S
z -~a at
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86-0187.6 continued
Page 2
T
369.38 hence South 24 degrees 18 minutes fast 00 seconds Veet
deescscri ribed tract; said
to a point for the southern southeast corner ofithenheraof
f said Thompson tract Point also being in the southwestern line in
Highway Number 380=' and in the northeast right-of-va of
f r line of State
Thence North 65 degrees 42 minutes
routhwaetern line of said Thompson trect00 seconds Veal
way line of said State Highway Number 380 and the northeast ariSht-ofe
to a point for the southwest corner of the' heradistance of 235, feet
Thence North 01
lima degrees 13 minutes 36 seconds East
of said Thompson tract, end the center
dtatancs of 333.46 feet to the Point of ge of said Oa' NorthhRoadesa
acres of land, ginning and containing 3,491
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` PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-88-008
IN FAVOR IN OPPOSITION UNDECIDED
r h
r Hayden Fry None Received
R by L.A. Nelson
700 First State Bank Bldg.
Denton, TX
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P82 kinutes
June 22, 1588
Page 2
Phase III - Extension of the private road to Kingo load; ln-
stallatlon of perimeter street paving with curb and gutter;
left turn lane paving without curb and gutter; and sidewalk
improvements to Mingo Road. In addition, the watermain
will be extended and looped to Grail Lane. This will
complete all of the publlc improvenents for the project.
This phase will also include all of the necessary improve-
` rents for utility service, fire protection, and larking;
f!1 previously identified as Phase k.
Phase IV and Y Installation of all of the necessary utility
service, fire protection, and parking fmprovementt to
serve the buildings in the respective phases. Pr:viously
i identified as Phase 11 and 111.
Ms. Riker asked if drainage problems were already Ionk,•d at.
Ms. Carson stated that It was a condition of the detailed plan
for Phase 1.
pETSTSONER: It. Bill Cudd, owner of the property, said
e was reedy to start with Phase II. Ne added the neigh- 1
bore seemed satisfied with the proposed development.
Tim Fisher, Metroplex Engineering, sold he was available to
answer any questions that the Coamissloners ray have,
i rECISION t Mr, Claiborne moved to approve the Aevlsed General l
Development Plan reflecting thr phasing of the development,
` Seconded by Mr. Bolt and ur lrously carried (5-0).
I
Iv. PUBLIC HEARINGS
A, 2.68-008. Petition of Bill Cudd requesting approval of
as e~tiETto plan In compliance with a concept plan. 1he
Property is part of a planned development (PL-119) located
at the northeast corner of Old North Aoad and University
Lrive, The property is located in the R. B. Longbottom
Survey, Abstract No, 775, and shown in the Northwood
Garden Professionals, Office Park. If approved, the
property may be utilised for an office develop.nent.
Twenty five notices were mailed to property owners within
200 feet; no reply forms were received in favor or in
opposlt!nn.
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STAFF REPORTi Ms. Carson said the petitioner was
requesting approval of a detailed plan for a portion of a
previously approved planned development. She oald the
detailed plan represented the second phase of an office
development.
II
Ms, Carson stated that according to Article 11 of Appendix
I• B - toning, of the Code of Ordinances, a detailed plan
must be submitted in compliance with the approved concept
plan.
{
She s a i d the detailed plan complied with the concept plan
_c and development standards approved by Ordinance 86.112 and
a amended by Ordinance 88.001, She continued that the
` specific standards for the detailed plan included:
1. Maximum height of building, one and one-half story or
two story, as identified on the plan.
f 2. Maximum square footage of office use in the phase
II Is $5,200 square feet based on the number of parking
spaces ptovided and general office parking ratio.
Medical office parking ratio is different and the use
would reduce the allowable square footage for the
phase.
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P82 Minutes
June 22, 1988
Page 3
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3. Landscaping and open space is proposed as 42,1 per-
cent of the property In the phase. FL-119 requires 20
percent.
Ms. Carson said that the changes In the phasing did not
appear to cause any land use problers, The general
developPent plan was revised to reflect the new phasing,
She said the private street originally proposed to be
extended to Mingo Road during construction of Phase 11
1j would be extended with Phase 111.
She added that a gazebo In Phase I of the development Is
f shown for reference. The gazebo wag constructed without
being identified on the landscape plan for Phase 1,
I PET1110SER: Tin Fisher, Mettcplet Ergineering, stated he
was available to answer any questions of the Commission,
t
IN FAYGR: None Present,
OPPOSED: None Present,
E RLCOMMENLATION: Ms, Carson stated that staff recommended
approval-
REBUTTAL: None Offered.
Chair declared public hearing closed.
LECISION: Mr. Holt moved to recoP,mend approval of
I Z-88-3M. Seconded by Ms. Cole and unanlmuusly carried
(5,0)
t B, P~AFELI.MIINARY AND FINAL F.EPLAT OF LOTS 2 3 5 7 8 9 10,
ly InU~jlr-M7 fls~ 9A
WAY AUDITION!
ten notices were mailed to property owners in the pre-
ceding subdivision; five reply fora,r were received In
favor, none were received in opposttion, and one was
received undecided.
S??F REPORT: Ms. Evans stated this is a 19.4852 acre
tract oea ed west of Bonnie Brae and north of Goodson
May. The property is toned SF-16 and agricultural and
residentiol development exists. She added that city
services and facilities are available.
aswaiver Planind Zoning improvements Commission techni u l
requirements in 1984. The replat was approved October 2,
1984 but never filed, According to the Regulations, the
replat rust be filed within two years.
PET21I2hEP.: t'1111am Fodgers, 206 Goodson Way, stated that
e Is t e original owner of the property in question. The
property was partially developed prior to annexation by
the city in 1984. He said the signatures needed were not
completed in the two year tine llrit and that they have
Just been completed. He said that some of the property
owners would like to obtain building permits but are
+ unable to until it is platted.
IN FAVOR: None Present.
I OPFOSEL: Becky Masher, Lot 19, stated that the taps that
s e a versus the maps that Mr. Rodgers had did not match
the boundary lines on her property.
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NO.
a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
APPROVAL OF A DETAILED PLAN FOR 3.9 ACRES OF THE PLANNED DEVELOP-
MENT DISTRICT (PD-119) LOCATED AT THE NORTHWEST CORNER OF U. S.
HIGHWAY 380 AND OLD NORTH ROAD AS CREATED BY ORDINANCE NO. 86-172;
PROVIDING FOR APPROVAL OF A REVISED SCHEDULE AND ORDER OF DEVELOP-
MENT FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
L AMOUNT OF TWO THOUSAND DOLLARS FOR VIOLATIONS THEREOF; AND PROVID-
ING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 86-172, the City Council approved a i
lanned development district and concept plan for 18.2 acres of
land located at the Northwest corner of U. S. Highway 380 and Olt
North Road, as more particularly described therein, known as
Northwood Garden Professional's Office Park (PD-119); and
WHEREAS, on April 282 1988; Insight Development applied for
approval of a detailed plan for a portion of the planned dev%Iop-
ment district, designated as Phase 11 of the district (formerly
designated as Phase IV in the approved concept plen); and
.
WHEREAS, on June 22,, 1988, after a public hearing, the
Planning and Zoning Commission recommended approval of the detail
plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the detailed plan for 3.938 acres of the
planne eve opment district as created by Ordinance No. 86-172,
designated herein as Phase II, as described in Exhibit "A",
attached hereto and incorporated herein by reference, is hereby
approved for the land ttherein described, so that hereafter the
property shall be constructed, used, and maintained in accordance
with the approved detailed plan herein approved.
SECTION 11. That by approval of this detailed plan, there is
for the district a as shown and desschedule ignated in the approved detailed
plan.
SECTION 111. That a copy of this ordinance shall be attached
to (Yrdinanc 86-172 1 for a portion of the district showing the revised development detailed schedule
and order of development for the district.
SECTION IV. Any porson who shall violate a provision of this
ordinance fails to comply therewith or with any of the
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requirements thereof, or of a permit or certificate issued there-
under, shall be n?Ulty 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 ordi-
nance is committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
I SECTION V. That this ordinanco shall bocome effective
i' f(jurteen -(14) aye from the date of its passage, and the City
f Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Penton, Texas, within ten
(10) days of the date of its passage.
` PASSED AND APPROVED this the day of , 1988. 1
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1 _Y STEPHERS, RRoR
ATTEM
jERNIFER , CITY SEMMTM
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
f
By..
O. 'W11c1oC~
PAGE 2 - 88-008
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EXHIBIT "A"
1
iiii DETAILED PLAN FOR ORDINANCES NO. 86-172 AND 88-003,
3.938 ACRES OF NORTHWOOD GARDEN PROFESSIONALS'
OFFICE PARK CONSISTING OFs
1. Detailed Site Plan (1 page);
2. Landscape Plan 11 page);
3. Proposed Building Elevations (1 page);
j 4. Development Standards and Phasing 15 pages);
and
j
f 5. Field Notes for 3.938 'acres (1 pages).
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LOT a. BLOCK
Lom" &a
CITY OF OE410k TEXAS
aaaseTK
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NORTHWOOD GARDEN•
k po PNOPE.r1ONA N BUILDING oMOR
ELIEVATIMS PAIMC
DEVELOPMENT STANUARLS
CONCEPT OR DETAILED PLAN
` 1. Statement of Intent of Ooner:
` I To develops a garden office subdivision in compatibility with the surrounding
-area and permitted use under office district. This request is for the detailed i
h site plan review for the next phase of development
I
2. Statement Indicating Relation to Denton Development Guidei
The property has existing zoning in place under PD-119; Ordinance 86-172 and III
4 as amended by Ordinance 88-003.
36 Total Number of Acres in Proposed Distrlctr
3.938 acres of 18.24 acres PD-119'
4, Lend Uses and Total Number of Acres in Each parcel or Tracti
Total Proposed Acreage
a. Single Family Detached
b. Single Family Attached (townhouses, cluster, etc.)
c, Attached Patio/Garden/Zero Lot Line
d. Dsplex
to Multi-Family
E, office 4-3.938 acres
9• Neighborhood service
t h. General Retail
111 i. Commercial
Light Industrial
k. Heavy Industrial
1. Other (specify)
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Development Standards
Concept or Detailed Plan
Page 2
S, off-Site information - adjacent at surrounding land uses, toning, streets,
drainage facilitlea, and other existing of proposed improvements,
(Shown on x"Xxrx or detailed plan.)
6. Traffic and Transportation - indicate existing and prcpoeed streets
loading areas, access Parking lots,
Paints. (Shown on RRAA9UUl or dctalled plan.)
j Projected Traffic Ceneoation, (Based on traffic study, if required.)
I '1
7. Buildingss
j as Approximate location, (Shown cn
i;)Of00XOf0;pml or detailed plan.)
b. Maximum heights
36 foot cwo_-story and 24•foot 1-112 story as shown
' c, Minimum setbacksi (shown on concept or detailed plan,)
Front yard - 15 footi side yard - 5 foots rear yard - 5 foot l perimeter
30 foot
d, Maximum gross floor area (square feet) for nonrealdentials
357,540 SF for entire 18 24 acre development (FAR - 0.45)
84 parking soacee'vrovide x300 SF & 55,200 SF for 3.938 acres (FAR-0,32)
I•
8. AW dential Subdlvielonr None
a, Number of units per acre (density)r
b. Number and location of lotsr (Shown on concept or detailed plan,)
c, minimum site$ width and depth of lots (Shown on concept or detailed plan,)
i
d. Minimum front, side and rear yard aetbacksi (shown on concept or detailed plan.)
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Development Standards
Concept or Detailed Alan
Page I
9. water and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, floodplains, other water retention or major drainage facilities
and Improvements. (Shown on iEifitKKPK or detailed plan. )
Drainage improvements were installed for the project in the first phase.
f 10. Utilities - location of all major sewer, water or electrical lines and facilities.
(Shown on *Mi(ili( or detailed plan.) Proposed 12 inch waterline to be extended
I within the 44 foot Access and Utility Easement across the full length of the lot.
All sewer lines to be extended from the existing 12 inch sanitary sewer shall be
110 Location of trees.3' in diameter - six (61 feet from ground level. Private
(Shown on
dkldiNjdt0t or detailed plan.)
No existing trees three inches in diameter or greater are on this phase.
12. Open Space - location and site of
j greenbelts, parka, common and recreational areas.
t (Shown on CCiltitldmf%ltXkifitlyi Landscape Plan
All areas not sued will be landscaped or grassed. Office buildings will ha.•e
_planting beds.
i
( 13. Screening - location, type and sise'.of all fences, berms or screening features.
(Shown on > or detailed plan.)
6 foot solid privacy fence was installed along the north property line
in Phase I.
14. Development schedule (,Concept plan) - showing specific dale detailed plan will
be submitted, date to start construction and complete construction, and rata of
development, All dates should Inlicate month and year.
Detailed plan submittal
ADDITIONAL REQUIREMENTS fOR A DETAILED PLAN
15. Landscaping Plan - major features and types of landscaping to be used.
_Bed oak [ive Oak and Bradford Pear Trees with grassed areas and planting
- beds consistent with Phsse I, See Landscape Plan,
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F:
-jevelopment Standards
concept or Detailed plat,
page /
16. Signs - :how location, type and size on detailed plan# othetwise, Signs must
conform to Article 17 of the Zoning Ordinance.
A11 slens shall conform with the City ordinance.
17. Sidewalks. (Shown on detailed plan.)
All sidewalks shall be 3 fget wide unless otherwise noted.
18. All information required for
preliminary p1e! in accordance with Appendix A
(Denton Development Code) of the Code of Ordinances.
(A separate plat Is required.)
19. Development Schedule (dstalled plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month'.
and year.
Construction Detailed Plan Submittal
p lase I 1987 - 1989
' June 1987
Phase It 1988 - 1991
Phase III 1991 - 1993 June April 1991
Phase IV 1993 - 1995 1991
Phase V 1995 - 1997 June 1993
June 1995
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86.0187.K 1
FIELD NOTES
All that certain tract or parcel of land situated In the Caswell Carter Surrey
Abstract Number 273 Denton County, Texas and in the R. B. Longboltom Surrey
Abstract Number 775 Denton County, Texas; said tract beta
by deed to Thompson Properties, Inc., recorded to Volume 1488 Page 639 of the Real
Property Records of Denton County, Texas, also being part of a tract shown by deed
to Thompson Properties, Inc., recorded to Volume 1718 Page 194 of the Deed
Records of Denton County, Texas and being more fully described as follows.
Beginning for the southwest corner of the tract being described berate at a half
lath rebar pin found on the north right-of-way line of U.S. highway Number 380,
and being on the south line of said Thompson tract (Volume 1718 Page 194) sold pie
being North 65 degrees 42 mlputes 00 ieconds West 142.27 feet from the southeast
corner of said Thompson tract (Volume 1718 Pap 194) same being the southwest
corner of sold Thompson tesel (Volume 1488 Page 659), said pin . o being the moil
southerly southeast corner of Northwood Gardens Prof eseianaIs' Office Park,
recorded lit Cahlat F Page 388 of the Plat Records of Denton Coo sty, Texas;
Thence North 21 degrees 18 minutes 00 seconds East a distance of 369.38 feet to a
k half Inch robot pin found al an angle point In the east Roe of sold Northwood
Gardens Professionals' Office Parks
Thence North 00 degrees 19 mioutes 15 seconds West a distance of 34.63 feet to s
half Inch robot pin toned no a east line of said Northwood Gardens Professionals'
office Park ■nd betel the beginning of a curve to an easterly direction having a
radius of 221.00 foot, a antral Roots of 14 degrees 33 minutes 58 seconds, and a
chord bearing and distance of South 72 degrees 58 mlautee 57 seconds East 36.29
Ieetl
Thence In an easterly direction with said curve an are length of 56.29 feet to a half
Inch rebar pie lot at the end of said curvet
Thence South 65 degrees 42 minutes 00 seconds Esst a distance 'of 378.60 feel to s
half loch robot pin sot at the northeast cornet nf the herein described Iracl;
Thence South 24 dsgroes 18 minutes 00 seconds West a distance of 408.00 feet to it
half Inch rebar pin sot on the south line of sold Thompson tract (Volume 1488 Page
659) sod being the north righl•of•way line of said U.S. Highway Number 380;
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Thence North 63 degrees 42 mloutes 00 seconds West with the north rlght-of-way
Iloe of said U.S. Highway Number 380 a distance of 420.00 feet to the Point of
Begtontng and containing 3.938 acres of [sod.
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i DATE: 08/02/88
CITY COUNCIL REPORT FORMAT
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4 1 TO: Mayor and Members of the City Council
s' FROM- Lloyd V. Harrell, City Manager
SUBJECT: PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF 20.8309 ACRES LOCATED
AT FM 2181 AND OLD ALTON ROAD, (A-56)
RECOMM_ E~ ND~p-
l Staff recommends approval.
SUMMARY-
1
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 tha plat. J
BACKGROUND:
The City annexed a 500 foot strip along FM 2181 and Skyfab Addition
on duly 7, 1987 to tie the City limits to the Corinth city limits.
PkOGRAXS DEPARTMENTS OR GROUPS AFFECTED;
Planning and Development Department and property owner.
FISCAL IMPACT-
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City services are available in the area including water, The fiscal
impact at this time is minimal. ?
gin/
Respe ully submitted-
Prepared by-
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j _l t C i ~yJA~ Fns Ci Manager
j Cecile Corson
Urban Planner
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A*Rbbins
k Executive Director for
Planning and Development
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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 boundar~r limits of said City to add the
territoryy described in Exhibit 'A", attached hereto and incor-
porated by reference herein, to the corporate limits of the City
of Denton.
j A Public Hearing will be held by and before the ity Cou cil
of the City of Denton, Texas, on the A44' day of ,
19880 at 7:00 o'clock P. M. in the C ty ouncil C am~FFa o the
Municipal Building of the City of Denton, Texas, for all persons
1 interested in the above proposed annexation. At said time and
lace all such persons shall have the right to appear and be
I 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 afore th City C ncil
of the City of Denton, Texas, on thef day of ,
1988, at 7:00 o'clock P. M. in the 6 ty ouncil C am re o Se
Municipal Building of the City of Denton, Texas, for all parsons
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.
~ Xr
So MAYOR
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ATTEST:
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A-56
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EXHIBIT "A"
ALL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the J. Dickson Survey, Abet. No. 342 and A. Cannon Survey,
i Abst. 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
1 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 1 ing
250.0 west of and perpendicular to the centerline of F.M. 2181;
{ THENCE southeaster) along the established in said Ordinance 87-119 pwith a curve to the left
having a radius 1,396.26, a central angle of 190 34' 57.9"
and a chord bearing and length of south 200 22' 01.9" east,
474.90', an arc length of 477.22' to a point lying in an
easterly boundary line of said Martin Tract for corner;
THENCE south 00 07' 45" west along an easterly boundary line
of said Martin Tract a distance of 455.49' to an inner ell
corner of said Martin Tract lying in the south boundary line of
said Dicksor 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
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EXHIBIT "A" (Con't)
j THENCE north 160 52' 52" west along the west boundary line of
r` { said R.D. Martin Tract and the east boundary line of said USA
Tract passing the north boundary line of said Cannon survey and
k 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 1;••_ng in the south
right-of-way line of an east/west county road for corner;
THENCE south 890 18' 49" east along the north boundary line
of said Masten Tract and the south right-of-way line of said
i county road, passing at 242.0' the northeast corner of said
Masten tract and the northerly northwest corner of said R.D.
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
line of said old Alton Cemetery tract a distance of 20.8' to an
inner ell corner of said R.D. Martin Tract, same being the
northwest corner of said Old Alton Cemetery Tract for corner;
THENCE ewth 00 43' 57" west along the westerly east boundary
line of said R.D. Martin Tract and the vast boundary line of
the Old Alton Cemetery Tract a distance of 335.84' to an inner
ell corner of said R.D. Martin Tract and the southwest corner
I 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
I the Place of Beginning and containing 20.8309 acres of land.
F
A-56
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}LAN OF SERVICE fGk ANNEXED AREA CITY 0} LENTGN TEXAS
I, Basic Service Plan
A. Police
Patrolling, radio responses to calls, and other routine
police services, using present personnel and equipment,
will be pruvided on ttie effective date of annexation.
B. Fire
Fire protection by the present personnel and equipment of
the fire fighting force, will be provided on the effective
date of annexation,
C. Water/Wastewater
Maintenance of puclic water and wastewater facilities will
begin within sixty -.6U) days after the effective date ai
the annexation for all facilities required to be maintained
by the City of Denton.
i&{ 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.
t
E. Streets
1. Emergency raintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.
will begin on the effective date of annexation.
1. Routine maintenance on the same basis as in the present
City, will begin in the annexed area on the effective
date of annexation.
3. Reconstruction ana resurfacing of streets, installation
of storm drainage facilities, construction of curbs and
gutters, and other such major improvements, as the need
therefore is determined by the governing body, will be
accomplished under the established policies of the City.
4. Traffic signals, traffic signs, street markings, and
other traffic control devices will be installed as the
need therefore is established by appropriate study and.
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.
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Service Plan
Annexed area
Page 2
G• Planning and Zcning
The planning and zonin
J g jurisdiction of the City will
extend to the annexed area on the effective date of
annexation. City planning will thereatter encompass
~ the annexed area and a zoning designation for the
f property will be established,
H. Street Lighting
Street lighting will be installed in the substantially
II developed areas in accorC,nce with thr, Established
policies of the Ci~.y,
i, Kecreation ~
' Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effective
date of annexation, the same standards and policies now
used in the present Clty will ba foil
ow
recr ed in
eational ro ercpandin th
P 8ram and facilities in the enlarge.l City,e
i J. laectrlc Dlstributfon
The City recommends the use of Gity of Denton for new
elactric power.
' h. Miscellaneous
c
~ Street Hama signs where needed will be installed within
j approximately six l6} months after the effective date of
annexation.
lI, Capita: Improvements Program (CI!-}
j ]'he C1k~ of the Clty is prioritized by such polity guidelines
a5:
~i
A. Demand for services as compared to other areas based
partly on density of population, magnitude of problems
compared to other areas, established technical standards
and professicnal studies, and natural or technical re-
~ ~ straints or opportunities,
' ~ B, lm pact on the balanced growth policy of the W ty,
' C. Impart on overall City economics,
The annexed area will bo considered for C1P In the upcoming
CIP plan, The annexation area wilt be judged according to
the same established criteria as alt other areas of the tiny.
ANNEXATION AE6.
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• - ANNEXATION SCHEDULE
A-56
I/July 19, 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 S, 1988 Notice published in Denton Record
.,f.. .
Chronicle for second public hearing
August 16, 1988 City Council - second public hearing
r,
August 24, 1988 Planning and Zoning Commission makes
recommendation
September 6, 1988 City Council institutes annexation
September 11, 1988 Publication of ordinance In Denton
Record Chronicle
October 18, 1988 Final Action by City Council
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" DATE: 08/02/88
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
l
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: PRELIMINARY AND FINAL REPLAT OF LOT 4 TO LOTS 4A AND 40,
BLOCK B, EXPRESSWAY INDUSTRIAL PARK
RECOMMENDATION:
The Planning and Zoning Commission recormended approval.
SUMMARY:
This is a 1.877 acre tract located north and west of Shady Oaks
Drive and shown in the W. Teague Survey, Abstract No. A-1212,
BACKGROUND:
r. -
The property is zoned light industrial, and no new development is
anticipated at this time.
City services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available.
The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations.
«'Y PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
i N/A i
FISCAL IMPACT:
Undetermined
Respe ully submitted:
dr
Ci Manager
Prepared by:
i
: et vans
Pie ng Administrator
Approv
Y Executive Director for
Planning and Development
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DATE: 08/02/68
v
CITY COUNCIL REPORT FORbWT
TO., Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Preliminary Plat of Lots 1-3, Block A, Lewis Medical Addition
RECOMMENDATION:
The Planning and Zoning Commission recommended approval.
SUMMARY:
This is a 2.0729 acre tract located south of I-35E service road and
+ west of Sam Bass Boulevard and shown in the Alexander Hill Survey,
Abstract No. 623,
BACKGROUND:
The property is zoned commercial, and office development is
anticipated in the future,
City services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available.
The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations,
' a
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
N/A
FISCAL IMPACT:
Undetermined
Respe ly su mit
4
Lloydff. acre
d City Manager
`Y` Prepared by:
t/
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I Pla ing Administrator
ApF-f anY H. Robbins,
Executive Director for
y Planning and Development
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DATE: 08/02/88
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Preliminary Plat of Lot 8, Block 1, Northwood Garden Professionals'
i Office Park
RECOMMENDATION:
1 The Planning and Zoning Commission recommended approval.
WftARY:
I This is a 3.938 acre tract located north of U.S. Highway 380 and
east of Old North Road and shown in the R.B. Longbottom Survey,
Abstract No. 775.
BACKGROUND: '
The property is zoned planned development (PO-119) and office i
development is anticipated.
9
City services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available,
The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
' N/A
FISCAL IMPACT:
Undetermined
Re tf 11y/~ub ed:
' City Manager
Prepared by:
z e vans
Pla ng Adminis.rator
? AApp~rov
ran 0 s,
Executive Director for
h { Planning and Development
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OENTON, TEXAS 76201 yyy,, SCALE DATE JAS N0.
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j CERTIFICATE FOR
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1988,
AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
3 RELATING THERETO
THE STATE OF TEXAS
COUNTY OF DENTON
1 CITY OF DENTON
We. the,undersigned officers of said City, hereby certify
as follows:
R
1. The City Council of said City convened in
REGULAR MET!iNG ON THE 2ND DAY OF AUGUST, 1988,
E at the Municipal Building (City Hall), and the roll was called
of the duly constituted officers and members of said City
Council, to-wit:
Jennifer K. Walters, City Secretary Ray Stephens, Mayor
Hugh Ayer Linnie McAdams
Jane Hopkins Jim Alexander
Randall Boyd Bob Gorton
and all of said persons were present, except the following
absentees: ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
k CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1988,
AND APPROVING AND AU'T'HORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO
was duly introduced for the consideration of said City Council
and duly read. It was then duly moved and seconded that said
Ordinance be passed; and, after due discussion, said motion,
carrying with it the passage of said Ordinance, prevailed and
carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye",
except Ray Stephens and Jane Hopkins.
IfOES: Ray Stephens.
ABSTENTIONS: Jane Hopkins.
2. That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
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foregoing paragraph is attached to and follows this Certifi-
cate; that said ordinance has been duly recorded in said City
Council's minutes of said Meeting; that the above and foregoing
paragraph is a true, full, and correct excerpt from said City
council's minutes of said Meeting pertaining to the passage of
said ordinance; that the persons named in the above and fore-
going paragraph are the duly chosen, qualified, and acting
officers and members of said City Council as indicated therein;
and that each of the officers and members of said City Council
was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid
3 Meeting, and that said ordinance would be introduced and
1 considered for passage at said Meeting; and that said Meeting
f was open to the public, and publio notice of the time, place,
f and purpose of said meeting was given, all as required by
Vernon's Ann. Tex. Civ. St. Article 6252-17.
7. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordi-
nance for all purposes.
SIGNED AND SEALED the 2nd day of August, 1988.
City Secretary Mayor
(SEAL)
I
We, the undersigned, being respectively the City Attorney
and the Bond Attorneys of the City of Denton, Texas, hereby
certify that we prepared and approved as to legality the
attached and following Ordinance prior to its passage as
1
aforesaid.
City Attorney
Bo d Attorneys
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ORDINANCE 110. 88--
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY
OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES
1988, AND APPROVING AND AUTHORIZING INSTRUMENTS AND
PROCEDURES nrT'TING THERETO -
THE STATE OF TEXAS "
COUNTY OF DENTON F
CITY OF DENTON
i WHEREAS, the City of Denton, Texas, heretofore has duly
issued the following revenue bonds: i
E
City of Denton Utility System Revenue Refunding Bonds,
Series 1983, dated March 1, 1983; f
City of Denton Utility System Revenue Bonds, Series 1984, i}k
dated March 1, 1984; c
City of Denton Utility System Revenue Bonds, series
1984-A, dated October 1, 1984; and
City of Denton Utility System Revenue Refunding Bonds,
Series 1987, dated January 1, 1987; and
WHEREAS, the City Council of the City of Denton deems
it necessary and advisable to authorize, issue, and deliver the
additional Utility System Revenue Bonds hereinafter described;
and
WHEREAS, the bonds hereinafter authorized are to be
issued, sold, and delivered pursuant to Vernonts Ann. Tex. Civ.
St. Articles 2368a and 1111 through 1118, the City's Home Rule
Charter, and other applicable laws.
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS THAT:
Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or
bonds of the City of Denton, Texas (the "Issuer") are hereby
authorized to be issued and delivered in the aggregate princt-
pal amount of 53,5000000 FOR THE PURPOSE OF OBTAINING MONEY FOR
IMPROVEMENTS AND EXTENSIONS OF THE CITY OF DENTON UTILITY
SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS,
SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM.
Section 2. DESIGNATION OF THE BONDS. Each bond issued
pursuant to this Ordinance shall be designated: "CITY OF DENTON
UTILITY SYSTEM REVENUE BOND, SERIES 1988", and initially there
shall be issued, sold, and delivered hereunder a single fully
registered bond, without interest coupons, payable in
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installments of principal (the "Initial Bond"), but the Initial
Bond may be assigned and transferred and/or converted into and
exchanged for a like aggregate principal amount of fully
registered bonds, without interest coupons, having serial
maturities, and in the denomination or denominations of $5,000
j or any integral multiple of $500000 all in the tanner herein-
after provided. The term "Bonds" as used in this Ordinance
shall mean and include collectively the Initial Bond and all
substitute bonds exchanged therefor, as well as all other
substitute bonds and replacement bonds issued pursuant hereto,
and the term "Bond" shall mean any of the Bonds.
j Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI-
TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE
INITIAL BOND.
(a) The Initial Bond is hereby authorized to be issued,
sold, and delivered hereunder as a single fully registered
I Bond, without interest coupons, dated AUGUST 10 19881 in the
denomination and aggregate principal amount of $3,500,000,
in annual installments of principal to
numbered R-1, payable
the initial registered owner thereof, to-wit:
or to the registered assignee or assignees of said Bond or any
portion or portions thereof (in each case, the "registered
owner"), with the annual installments of principal of the
Initial Bond to be payable on the dates, respectively, and in
the principal amounts, respectively, stated in the FORM OF
INITIAL BOND set forth in this Ordinance.
(b) The Initial Bond (i) may and shall be prepaid or
redeemed prior to the respective scheduled due dates of in-
stallments of principal thereof, (ii) may be assigned and
transferred, (iii) may be converted and exchanged for other
Bonds, (iv) shall have the characteristics, and (v) shall be
signed and sealed, and the principal of and interest on the
Initial Bond s:.all be payable, all as provided, and in the
manner required or indicated, in the FORM OF INITIAL BOND set
forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the
initial Bond shall bear interest from the date of the Initial
Bond to the respective scheduled due dates, or to the respec-
tive dates of prepayment or redemption, of the installments of
principal of the Initial Bond, and said interest shall be
payable, all in the manner provided and at the rates and on the
dates stated in the FORM OF INITIAL BOND set forth in this
Ordinance.
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Section 5. FORM OF INITIAL BOND. The form of the Initial
Bond, including the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be
endorsed on the Initial Bond, shall be substantially as fol-
lows:
FORM OF INITIAL D-OAQ
NO. R-1 $3,500,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON UTILITY SYSTEM REVENUE BOND
SERIES 1988
THE CITY OF DENTON, in Denton County, Texas (the "Issu-
er"), being a political subdivision of the State of Texas,
hereby promises to pay to
or to the registered assignee or assignees of this Bond or any
portion or portions hereof (in each case, the "registered
owner") the aggregate principal amount of
$3,G00,000
(THREE MILLION FIVE HUNDRED THOUSAND DOLLARS)
in annual installments of principal due and payable on DECEMBER
folin the lowing schedule: principal
I in each C as of the
set forth years, , the and
amounts
PRINCIPAL PRINCIPAL
~ .Ol3NT YEB$ AMOUNT i
i
1989 $1751000 1999 $175,0^0
1990 175,000 2000 1754000
1991 175,000 2001 175,000
! 1992 1750000 2002 175,000
1993 175,000 2003 175,000
1994 175,000 2004 175,000
1995 1750000 2005 1750000
1996 175,000 2006 175,000
1997 175,000 2007 175,000
1998 1750000 2008 175,000
and to pay interest, from the date of this Bond hereinafter
stated, on the respectively, from a time to time remaining installment unpaid, at the crates
as follows:
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per annum on the above installment due in 1989
per annum on the above installment due in 1990
4 per annum on the above installment due in 1991
t per annum on the above installment due in 1992
per annum on the above installment due in 1993
per annum on the above installment due in 1994
per annum on the above installment due in 1995
per annum or. the above installment due in 1996
f g per annum on the above installment due in 1997
1 per annum on the above installment due in 1998
{ t per r.nnum on the above installment due in 1999
per annum on the above installment due in 2000
per annum on the above installment due in 2001
3 ! per annum on the above installment due in 2002
per annum on the above installment due in 2003
per annum on the above installment due in 2004
t per annum on the above installment due in 2005
4 per annum on the above installment due in 2006
i per annum on the above installment due in 2007
II t per annum or the above installment due in 2008
with said interest being payable on DECEMBER 1, 19881 and semi-
annually on each JUNE 1 and DECEMBER 1 thereafter while this
Bond or any portion hereof is outstanding and unpaid. Said
interest shall be calculated on the basis of a 360-day year
composed of twelve 30-day months.
THE INSTALLMENTS OF PRINCIPAL OF ViD THE INTEREST ON this
Bond are payable in lawful money of the United States of
America, without exchange or collection charges. The install-
ments of principal and the interest on this Bond are payable to
the registered owner hereof through the services of TEXAS
AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the
"Paying Agent/Registrar" for this Bond. Payment of all princi-
pal of and interest on this Bond shall be made by the Paying
Agent/Registrar to the registered owner hereof on each princi-
pal and/or interest payment date by check or draft, dated as of
such date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the issuer required by the ordinance
authorizing the issuance of this Bond (the "Bond ordinance") to
be on deposit with the Paying Agent/Registrar for such purpose
as hereinafter provided; and such check or draft shall be sent
by the Paying Agent/Registrar by United States mail, first-
class postage prepaid, on each such principal and/or interest
payment date, to the registered owner hereof, at the address of
the registered owner, as it appeared on the 15th day of the
month next preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. The Issuer covenants with the regis-
tered owner of this Bond that on or before oach principal
and/or interest payment date for this Bond it will make
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available to the Paying Agent/Registrar, from the "Interest and
Sinking Fund'o maintained pursuant to the Bond Ordinance, the
amounts required to provide for the payment, in immediately
available funds, of all principal of and interest on this Bond,
when due.
IF THE DATE for the payment of the principal of or inter-
est on this Bond shall be a Saturday, Sunday, a legal holiday, III
or a day on which banking institutions in the City where the t
Paying~Agent/Registrar is located are authorized by law or #
execut:.ve order to close, then the date for such payment shall 111
be the next succeeding day which is not such a Saturday, I
Sunday, legal holiday, or day on which banking institutions are 14
authorized to closes and payment on such date shall have the
same force and effect as if made on the original date payment
was due.
THIS BOND has been authorized in accordance with the
1 Constitution and laws of the State of Texas FOR THE PURPOSE OF
OBTAINING MONEY FOR IMPROVEMENTS AND EXTENSIONS OF THE CITY OF
DENTON UTILITY SYSTEM, WHICH CONSISTS OF THE CITYOS COMBINED
WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM.
E
# ON DECEMBER It 1998, or on any interest payment date
thereafter, the unpaid installments of principal of this Bond
may be prepaid or redeemed prior to their scheduled due dates,
at the option of the Issuer, with funds derived from any
available source, as a whole, or in part, and, if in part, the
particular portion of this Bond to be prepaid or redeemed shall
be selected and designated by the Issuer (provided that a
portion of this Bond may be redeemed only in an integral
multiple of $5,000), at the prepayment or redemption price of
the par or principal amount thereof, plus accrued interest to
the date fixed for prepayment or redemption.
AT LEAST 90 diys prior to the date fixed for any such
prepayment or redemption a written notice of such prepayment or
redemption shall be mailed by the Paying Agent/Registrar to the
registered owner hereof. By the date fixed for any such
prepayment or redemption due provision shall be made by the
Issuer with the Paying Agent/Registrar for the payment of the
required prepayment or redemption price for this Bond or the
portion hereof which is to be so prepaid or redeemed, plus
accrued interest thereon to the date fixed for prepayment or
redemption. If such written notice of prepayment or redemption
is given, and if due provision for such paymewit is made, all as
provided above, this Bond, or the portion thereof which is to
be so prepaid or redeemed, thereby automatically shall be
treated as prepaid or redeemed prior to its scheduled due date,
and shall not bear interest after the date fixed for its
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prepayment or redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to +
receive the prepayment or redemption price plus accrued inter- iL
est to the date fixed for prepayment or redemption from the
Paying Agent/Registrar out of the funds provided for such
payment. The Paying Agent/Registrar shall record in the
Registration Books all such prepayments or redemptions of
principal of this Bond ar any portion hereof.
THIS BOND, to the extent of the unpaid or unredeemed j
principal balance hereof, or any unpaid and unredeemed portion
hereof in any integral multiple of $5,000, may be assigned by
the initial registered owner hereof and shell be transferred
i{ only in the Registration Books of the Issuer kept by the Paying I
Agent/Registrar acting in the capacity of registrar for the
Bonds, upon the terms and conditions set forth in the Bond
Ordinance. Among other requirements for such transfer, this
Bond must be presented and surrendered to the Paying Agent/-
Registrar for cancellation, together with proper instruments of
j assignment, in form and with guarantee of signatures satisfac-
tory to the Paying Agent/Registrar, evidencing assignment by
r
the initial registered owner of this Bond, or any portion or
portions hereof in any integral multiple of $5,000, to the
assignee or assignees in whose name or names this Bond or any
such portion or portions hereof is or are to be transferred and
registered. Any instrument or instruments of assignment
satisfactory to the Paying Agent/Registrar may be used to
evidence the assignment of this Bond or any such portion or
portions hereof by the initial registered owner hereof. A new
bond or bonds payable to such assignee or assignees (which then
will be the new registered owner or owners of such new Bond or
Bonds) or to the initial registered owner as to any portion of
this Bond which is not being assigned and transferred by the
initial registered owner, shall be delivered by the Paying
Agent/Registrar in conversion of and exchange for this Bond or
any portion or portions hereof, but solely in the form and
manner as provided in the next paragraph hereof for the conver-
sion and exchange of this Bond or any portion hereof. The
registered owner of this Bond shall be deemed and treated by
the Issuer and the Pay%nq Agent/Registrar as the abaclute owner
hereof for all purposes, including payment and discharge of
liability upon this Bend to the extent of such payment, and the
Issuer and the Paying Agent/Registrar shall not be affected by
any notice to the contrary.
AS PROVIDED above and in the Bond Ordinance, this Bond, to
the extent of the unpaid or unredeemed principal balance
hereof, may be converted into and exchanged for a like aggre-
gate principal amount of fully registered bonds, without
interest coupons, payable to the assignee or assignees duly
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designated in writing by the initial registered owner hereof,
or to the initial registered owner as to any portion of this
Bond which is not being assigned and transferred by the initial
registered owner, in any denomination or denominations in any
i integral multiple of $5,000 (subject to the requirement here-
inafter stated that each substitute bond issued in exchange for i
any portion of this Bond shall have a single stated principal
maturity date), upon surrender of this Bond to the Paying {
Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Bond Ordinance. If this
Bond or any portion hereof is assigned and transferred or
' converted each bond issued in exchange for any portion hereof
shall have a single stated principal maturity date correspond-
ing to the due date of the installment of principal of this
Bond or portion hereof for which the substitute bond is being
exchanged, and shall bear interest at the rate applicable to
and borne by such installment of principal or portion thereof.
Such bonds, respectively, shall be subject to redemption prior
to maturity on the same dates and for the same prices as the
1 corresponding installment of principal of this Bond or portion
f hereof for which they are being exchanged. No such bond shall
be payable in installments, but shall have only one stated
principal maturity date. AS PROVIDED IN THE BOND ORDINANCE,
THIS BOND IN I1S PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED
OR CONVERTED ONCE ONLY, and to one or more assignees, but the
t bonds issued and delivered in exchange for this Bond or any
portion hereof may be assigned and transferred, and converted,
subsequently, as provided in the Bond Ordinance. The issuer
i shall pay the Paying Agent/Registrar's standard or customary
fees and charges for transferring, converting, and exchanging
I this Bond or any portion thereof, but the ane requesting such
transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make any
such assignment, conversion, or exchange (i) during the period
commencing with the close of business on any Record Date and
ending with the opening of business on the next following
principal or interest payment da;e, or, (ii) with respect to
any Bond or portion thereof called for prepayment or redemption
prior to maturity, within 45 days prior to its prepayment or
redemption date.
IN THE EVENT any Paying Agent/Registrar for this Bond is
changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Bond Ordinance that it
promptly will appoint a competent and legally qualified sub-
stitute therefor, and promptly will cause written notice
thereof to t:. mailed to the registered owner of this Bond.
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IT HEREBY certied, , and covenanted that Bond hasib en duly a dfvalidlycauthorized, issued, old, ands
delivered; that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Bond have
been performed, existed, and been done in accordance with law;
that this Bond is a special obligation of the issuers secured
by and payable, together with other bonds, from a first lien on
and pledge of the "Pledged Revenues", which include initially
the "Net Revenues of the System" as such terms are defined in
the Bond Ordinance, with the System consisting of the City$s
entire combined waterworks, sewer, and electric light and power
f system.
THE ISSUER has reserved the right, subject to the restric-
tion stated in the Bond Ordinance, to issue Additional Bonds
payable from and secured by a first lien on and pledge of the
"Pledged Revenues" on a parity with this Bond.
THE REGISTERED OWNER hereof shall never have the right to
demand payment of this Bond or the interest hereon out of any
funds raised or to be raised by taxation or from any source
whatsoever other than specified in the Boni Ordinance.
BY BECOMING the registered owner of this Bond, the regis-
tered owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound b such term
and provisions, acknowledges that the Bond Ordinance is duly
recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Bond and the Bond Ordi-
nance constitute a contract between the registered owner hereof
and the Issuer.
signed NwithNthe manual Fsignatureuof the Mayor of h he Bond to be
countersigned with the manual signature of the City Secretary
of the issuer, has caused the official seal of the Issuer to be
duly impressed on this Bond, and has caused this Bond to be
dated AUGUST 1, 1988.
C ty Secretary, Mayor,
City of Denton, Texas City of Denton, Texas
(CITY
SEAL)
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FORM OF REGISTRATION CERTIFICATE OF THE
COMPhROLLER OF PUBLIC ACCOUNTS:
COMPTROLLEROS REGISTRATION CERTIFICATE: REGISTER NO.
` I hereby certify that this Bond has been examined, certi-
fied as to validity, and approved by the Attorney General of
the State of Texas, and that this Bond has been registered by
the Comptroller of Public Accounts of the State of Texas,
Witness my signat•ire and seal this
f !
Comptroller of Public Accounts
I of the State of Texas
(COMPTROLLERPS SEAL)
I Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS.
Registration and Transfer. (a) The Issuer shall keep or cause
to be kept at the principal corporate trust office of TEXAS
AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS (the "Paying
Agent/Registrar") books or records of the registration and
transfer of the Bonds (the "Registration Books"), and the
Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and
make such transfers and registrations under such reasonable
regulations as the Issuer and Paying Agent/Registrar may
prescribe; and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration
Books the address of the registered owner of each Bond to which
payments with respect to the Bonds shall he mailed, as herein
provided; but it shall be the duty of each registered owner to
notify the Paying Agent/Registrar in writing of the address to
which payments shall be mailed, and such interest payments
shall not be mailed unless such notice has been given. The
Issuer shall have the right to inspect the Registration Books
during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Regis-
tration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity.
Registration of each Bond may be transferred in the Registra-
tion Books only upon presentation and surrender of such Bond to
the Paying Agent/Registrar for transfer of registration and
cancellation, together with proper written instruments of
assignment, in form and with guarantee of signatures satis-
factory to the Paying Agenc/Registrar, evidencing (i) the
assignment of the Bond, or any portion thereof in any integral
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multiple of $5,000, to the assignee or assignees thereof, and
(ii) the right of such assignee or assignees to have the Bond
or any such portion thereof registered in the name of such
assignee or assignees. Upon the assignment and transfer of any
Bond or any portion thereof, a new substitute Bond or Bonds
shall be issued in conversion and exchange therefor in the
manner herein provided. The Initial Bond, to the extent of the
unpaid or unredeemed principal balance thereof, may be assigned
and transferred by the initial registered owner thereof once
only, and to one or more assignees designated in writing by the
initial registered owner thereof. All Bonda issued and de-
livered in conversion of and exchange for the Initial Bond
shall be in any denomination or denominations of any integral
multiple of $5,000 (subject to the requirement hereinafter
stated that each substitute Bond shall have a single stated
principal maturity date), shall be in the form pr.~scribed in k
the FORM OF SUBSTITUTE BOND set forth in this ordinance, and
shall have the characteristics, and may be assigned, trans-
ferred, and converted as hereinafter provided. If the Initial
Bond or any portion thereof is assigned and transferred or
converted the Initial Bond must be surrendered to the Paying
Agent/Registrar for cancellation, and each Bond issued in
exchange for any portion of the Initial Bond shall have a
single stated principal maturity date, and shall not be payable
in installments) and each such Bond shall have a principal
maturity date corresponding to the due date of the installment
of principal or portion thereof for which the substitute Bond
is being exchangeds and each such Bond shall bear interest at
the single rate applicable to and borne by such installment of
principal or portion thereof for which it is being exchanged.
If only a portion of the initial Bond is assigned and trans-
ferred, there shall be delivered to and registered in the name
of the initial registered owner substitute Bonds in exchange
for the unassigned balance of the Initial Bond in the same
manner as if the initial registered owner were the assignee
thereof. If any Bond or portion thereof other than the initial
Bond is assigned and transferred or converted each Bond issued
in exchange therefor shr.11 have the same principal maturity
date and beat interest at the same rate as the Bond for which
it is exchanged. A form of assignment shall be printed or
endorsed on each Bond, excepting the initial Bond, which shall
be executed by the registered owner or its duly authorized
attorney or representative to evidence an assignment thereof.
upon surrender of any Bonds or any portion or portions thereof
for transfer of registration, an authorized representative of
the Paying Agent/Registrar shall make such transfer in the
Registration Books, and shall deliver a new fully registered
substitute Bend or Bonds, having the characteristics herein
described, payable to such assignee or assignees (which then
will be the registered owner or owners of such new Bond or
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iy Bonds), or to the previous registered owner in case only a
portion of a Bond is being assigned and transferred, all in
conversion of and exchange for said assigned Bond or Bonds or
any portion or portions thereof, in the same form and manner,
and with the same effect, as provided in Section 6(d), below,
for the conversion and exchange of Bonds by any registered
owner of a Bond. The Issuer shall pay the Paying Agent/ f
Registrar's standard or customary fees and charges for making
such transfer and delivery of a substitute Bond or Bonds, but
the one requesting such transfer shall pay any taxes or other
governmental charges required tc be paid with respect the7eto.
The Paying Agent/Registrar shall not be required to maka E
transfers of registration of any Bond or any portion •chereof 4
(i) during the period commencing with the close of business on
any Rec~)rd Date asd ending with the opening of business on the
i next following principal or interest payment date, or, (ii)
with respect to any Bond or any portion thereof called for
redemption prior to maturity, within 45 days prior to its
redemption date.
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(b) ownership of Bonds. The entity in whose name any
Bond shall be registered in the Registration Books at any time
shall be deemed and treated as the absolute owner thereof for
all purposes of this ordinance, whether or not such Bond shall
be overdue, and the Issuer and the Paying Agent/Registrar shall
! not be affected by any notice to the contrary; and payment of,
or on account of, the principal of, premium, if any, and
interest on any such Bond shall be made only to such registered
owner. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the
extent of the sum or sums so paid.
(c) Payment of Bonds and Interest. The Issuer hereby
further appoints the Paying Agent/Registrar to act as the
paying agent for paying the principal of and interest on the
Bonds, and to act as its agent to convert and exchange or
replace Bonds, all as provided in this Ordinance. The Paying
Agent/Registrar r!,all keep proper records of all payments made
by the Issuer and the Paying Agent/Registrar with respect to
the Bonds, and of all conversions and exchanges of Bonds, and
all replacements of Bonds, as provided in this ordinance.
(d) Conversion and Exchange er Reylacemeatt Authenti-
cation. Each Bond issued and delivered pursuant to this
t ordinance, to the extent of the unpfid or unredeemed principal
` balance or principal amount thereof, may, upon surrender of
such Bond at the principal corporate trust office of the Paying
Agent/Registrar, togothor with a written request therefor duly
executed by the req4stered owner or the assignee or assignees
thereof, or its or their duly authorized attorneys or
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representatives, with guarantee of signatures satisfactory to
the Paying Agent/Registrar, may, at the option of the regis-
tered owner or such assignee or assignees, as appropriate, be
converted into and exchanged for fully registered bonds,
without interest coupons, in the form prescribed in the FORM OF
SUBSTITUTE BOND set forth in this ordinance, in the denomina-
tion of $5,000, or any integral multiple of $5,000 (subject to
the requirement hereinafter stated that each substitute Bond
shall have a single stated maturity date), as requested in k
writing by such registered owner or such assignee or assignees,
in an aggregate principal amount equal to the unpaid or unre-
deemed principal balance or principal amount of any Bond or
f! E Bonds so surrendered, and payable to the appropriate registered
owner, assignee, or assignees, as the case may be, if the
1 Initial Bond is assigned and transferred or converted each
r substitute bond issued in exchange for any portion of the
initial Bond shall have a single stated principal maturity
k j date, and shall not be payable in installments; and each such
Bond shall have a principal maturity date corresponding to the
due date of the installment of principal or portion thereof for
which the substitute Bond is being exchanged; and each much
i Bond shall bear interest at the single rate applicable to and
borne by such installment of principal or portion thereof for
which it is being exchanged. If a portion of any Bond (other
than the Initial Bond) shall be redeemed prior to its scheduled
9 maturity as provided herein, a substitute Bond or Sondn having
the same maturity date, bearing interest at the same rate, in
the denomination or denominations of any integral multiple of
$5,000 at the request of the registered owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon surrender thereof for
cancellation. If any Bond or portion thereof (other than the
initial Bond) is assigned and transferred or converted, each
Bond issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the Bond
for which it is being exchanged. Each substitute Bond shall
bear a letter and/or number to distinguish it from each other
Bond. The Paying Agent/Registrar shall convert and exchange or
replace Bonds as provided herein, and each fully registered
bond delivered in conversion of and exchange for or replacement
of any Bond or portion thereof as permitted or required by any
provision of this Ordinance shall constitute one of the Bonds
for all purposes of this ordinance, and may again be converted
and exchanged or replaced. it is specifically provided that
any Bond authenticated in conversion of and exchange for or
replacement of another Bond on or prior to the first scheduled
Record Date for the Initial Bond shall bear interest from the
date of the Initial Bond, but each substitute Bond so authenti-
cated after such first scheduled Record Date shall bear inter-
est from the interest payment date next preceding the date on
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which such substitute Bond was so authenticated, unless such
Bond is authenticated after any Record Date but on or before
the next following interest payment date, in which case it !
shall bear interest from such next following interest payment tt
dater provided, however, that if at the time of delivery of any
substitute Bond the interest on the Pond for which it is being
I exchanged is due but has not been paid, then such Bond shall
bear interest from the date to which such interest has been
paid in full. THE INITIAL BOND issued and delivered pursuant
to this ordinance is not required to be, and shall not be,
authenticated by the Paying Agent/Registrar, but on each
substitute Bond issued in conversion of and exchange for or
replacement of any Bond or Bonds issued under this ordinance
there shall be printed a certificate, in the form substantially
E as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CER'IFICATE
it is hereby certified that this Bond has been issued
under the provisions of the Bond ordinance described in this
y Bond; and that this Bond has been issued in conversion of and
1 exchange for or replacement of a bond, bonds, or a portion of a
r bond or bonds of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
TEXAS AMERICAN BANK/FORT WORTH, N.A.,
FORT WORTH, TEXAS
Paying Agent/Registrar
1'1 Dated By
1I1 Authorized Representative"
j An authorized representative of the Paying Agent/Registrar
shall, before the delivery of any such Bond, date and manually
sign the above certificate, and no such Bond shall be deemed to
be istued or outstanding unless such Certificate is so ex-
ecuted. The Paying Agent/Registrar promptly shall cancel all
Bonds surrendered for conversion and exchange or replacement.
No additional ordinances, orders, or resolutions need be passed
or adopted by the governing body of the Issuer or any other
body or person so as to accomplish the foregoing conversion and
exchange or replacement of any Bond or portion thereof, and the
Paying Agent/Registrar shall provide for the printing, execu-
tion, and delivery of the substitute Bonds in the manner
prescribed herein, and said Bonds shall be of type composition
printed on paper with lithographed or steel engraved borders of
customary weight and, strength. Pursuant to Vernon's Ann. Tex.
Civ, St. Art. 717k-6, and particularly Section 6 thereof, the
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duty of conversion and exchange or replacement of Bonds as
aforesaid is hereby imposed upon the Paying Agent/Registrar,
and, upon the execution of the above Paying Agent/RegistrarOs
Authentication Certificate, the converted and exchanged or
replaced Bond shall be valid, incontestable, and enforceable in
the same manner and with the same effect as the Initial Bond
which originally was issued pursuant to this ordinance, ap-
proved by the Attorney General, and registered by the Comptrol-
ler of Public Accounts. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for
transferring,, converting, and exchanging any Bond or any
portion thereof, but the one requesting any such transfer,
conversion, and exchange shall pay any taxes or governmental
i charges required to be paid with respect thereto as a condition f
precedent to the exercise of such privilege of conversion and
exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of Bonds
or any portion thereof (i) during the period commencing with
the close of business on any Record Date and ending with the
opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Bond or portion
thereof called for redemption prior to maturity, within 45 days
prior to its redemption date.
(e) In General. All Bonds issued in conversion and
exchange or replacement of any other Bond or portion thereof,
(i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be
payable only to the registered owners thereof, (i!) may and
shall be redeemed prior to their scheduled maturities, (iii)
may be transferred and assigned, (iv) may be converted and ex-
changed for other Bonds, (v) shall have the characteristics,
(vi) shall be signed and sealed, and (vii) the principal of and
interest on the Bonds shall be payable, all as provided, and in
the manner required or indicated, in the FORM OF SUBSTITUTE
BOND set forth in this ordinance.
(f) payment of Fees and Charges. The Issuer hereby
covenants with the registered owners of the Bonds that it will
(i) pay the standard or customary fees and charges of the
Paying Agent/Registrar for its services with respect to the
payment of the principal of and interest on the Bonds, when
due, and (ii) pay the fees and charges of the Paying Agent/-
Registrar for services with respect to the transfer of regis-
tration of Bonds, and with respect to the conversion and
exchange of Bonds solely to the extent above provided in this
ordinance.
(g) S!4batitute Paying Agent/Registrar. The Issuer
covenants with the registered owners of the Bonds that at all
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times while the Bonds are outstanding the issuer will provide a
competent and legally qualified bank, trust company, financial
institution, or other agency to act as and perform the services
of Paying Agent/Registrar for the Bonds under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The
Issuer reserves the right to, and may, at its option, charge
} the Paying Agent/Registrar upon not less than 120 days written
notice to the Paying Agent/Registrar, to be effective not later
than 60 days prior to the next principal or interest payment
sor by
date after s time acting as Paying ~Aq AIn the event gent/Registrar t (or its succes any
merger, acquisition, or other method) should resign or other-
competent t and issuer
swill aappoint act as such,
qualified bank, trust
it
company, financial institution, or other agency to act as
Paying Agent/Reg:strar under this Ordinance. Upon any change
in the Paying Agent/Registrar, the previous Paying Agent/Regis-
trar promptly shall transfer and deliver the Registration Books
(or a copy thereof), along with all other pertinent books and
h records relating to the Bonds, to the new Paying Agent/Regis-
trar designated and appointed by the issuer. Upon any change
in the Paying Agent/Registrar, the Issuer promptly will cause a
written notice thereof to be sent by the new Paying Agent/Regi-
strar to each registered owner of the Bonds, by United States
I mail, first-class postage prepaid, which notice also shall give
the address of the new Paying Agent/Registrar. By accepting
the position and performing as such, each Paying Agent/Regis-
trar shall be deemed to have agreed to the provisions of this
ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
Section 7. FORM OF SUBSTITUTE BONDS. The form of all
Bonds issued in conversion and exchange or replacement of any
other Bond or portion thereof, including the form of Paying
Agent/Registrar's certificate to be printed on each of such
Bonds, and the Form of Assignment to be printed on each of the
Bonds, shall be, respectively, substantially as follows, with
such appropriate variations, omissions, or insertions as are
permitted or required by this Ordinance.
D
FORK OF SUBSTITUTE-BON
NO. UNITED STATES OF AMERICA PR?NCIPAL AMOUNT
STATE OF TEXAS S _
COUNTY OF DENTON
CITY OF DENTON UTILITY SYSTEM REVENUE BOND
SERIES 1988
is
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INTEREST RATE MATURITY DATE CUSIP NO.
ON THE MATURITY DATE specified above the CITY OF DENTON,
in Denton County, Texas (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee hereof (either being hereinafter
called the "registered owner") the principal amount of
i
and to pay interest thereon from AUGUST 10 1988, to the maturi-
ty date specified above, or the date of redemption prior to
maturity, at the interest rate per annum specified above; with
interest being payable on DECEMBER 1, 1988, and semiannually on
each JUNE 1 and DECEMBER 1 thereafter, except that if the date
of authentication of this Bond is later than NOVEMBER 15, 1988,
such principal amount shall bear interest from the interest
payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date (herein-
after defined) but on or before the next following interest
payment date, in which case such principal amount shall bear
interest from such next following interest payment date. Said
interest shall be calculated on the basis of a 360-day year
composed of twelve 30-day months.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange
or collection charges. The principal of this Bond shall be
paid to the registered owner hereof upon presentation and
surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate
trust office of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT
WORTH, TEXAS, which is the "Paying Agent/Registrar" for this
Bond. The payment of interest on this Bond shall be made by
the Paying Agent/Registrar to the registered owner hereof on
each interest payment date by check or draft, dated as of such
interest payment date, drawn by the Paying Agent/Registrar on,
and payable solely from, funds of the issuer required by the
ordinance authorizing the issuance of the Bonds (the "Bond
ordinance") to be on deposit with the Paying Agent/Registrar
for such purpose as hereinafter provided; and such check or
draft shall be sent by the Paying Agent/Registrar by United
States mail, first-class postage prepaid, on each such interest
payment date, to the registered owner hereof, at the address of
the registered owner, as it appeared on the 15th day of the
month nett preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as
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hereinafter described. Any accrued interest due upon the
redemption of this Bond prior to maturity as provided herein
shall be paid to the registered owner at the principal corpor-
ate trust office of the Paying Agent/Registrar upon presen-
tation and surrender of this Bond for redemption and payment at
the principal corporate trust office of the Paying Agent/Regis-
trar. The Issuer covenants with the registered owner of this E
Bond that on or before each principal payment date, interest E
payment date, and accrued interest payment date for this Bond I
it will make available to the Paying Agent/Registrar, from the
"Interest and Sinking Fund" created by the Bond ordinance, the
amounts required to provide for the payment, in immediately
available funds, of all principal of and interest on the Bonds,
when due.
IF THE DATE for the payment of the }.i.incipal of or inter-
orta dayhon Which banking institutions Saturday, in the a City legal where ithe~
Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall
be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close! and payment on such date shall have the
same force and effect as if made on the original date payment
was due.
AUGUST It 1988, authorized ainiac ord nceo with itheiConstidated
tution
and laws of the State of Texas in the principal amount of
$3,500,0000 FOR THE PURPOSE OF OBTAINING MONEY FOR IMPROVEMENTS
AND EXTENSIONS OF THE CITY
OF DENTON UTILITY CONSISTS OF THE CITYOS COMBINED WATERWORKS, SEWERS AND ELECTRIC
LIGHT AND POWER SYSTEM.
ON DECEMBER It thcreafterethe Bonds lof8this Seriesy may interest
redeeed payment prior date
their scheduled maturities, at the option of the Issuer, with
funds derived from any available and lawful source, as a whole,
or in part, and, if in part, the particular Bonds, or portions
thereof, to be redeemed shall be selected and designated by the
Issuer (provided that a portion of a Bond may be redeemed only
in an integral multiple of $50000), at the redemption price of
the par or principal amount thereof, plus accrued interest to
the date fixed for redemption.
AT LEAST 30 days prior to the date fixed for any redemp-
tion of Bonds or portions thereof prior to maturity a written
notice of such redemption shall be published once in a finan-
cial publication, journal, or reporter of general circulation
among securities dealers in The City of New York, New York
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(including, but not limited to, The Bond Buyer and The Wall
Street Jou-nal), or in the State of Texas (including, but not
limited to, The Texas Bond Reporter). Such notice also shall
be sent by the Paying Agent/Registrar by United States mail,
first-class postage prepaid, not less than 30 days prior to the
date fixed for any such redemption, to the registered owner of
p each Bond to be redeemed at its address as it appeared on the
i 45th day prior to such redemption date; provided, however, that
the failure to send, mail, or receive such notice, or any
defect therein or in the sending or mailing thereof, shall not
affect the validity or effectiveness of the proceedings for the
redemption of any Bond, and it is hereby specifically provided
that the publication of such notice as required above shall be 11
the only notice actually required in connection with or as a }
prerequisite to the redemption of any Bonds or portions there-
of. By the date fixed for any such redemption due provision
shall be made with the Paying Agent/Registrar for the payment
of the required redemption price for the Bonds or portions
thereof which are to be so redeemed, plus accrued interest
thereon to the date fixed for redemption. If such written
notice of redemption is published and if due provision for such
payment is made, all as provided above, the Bonds or portions
thereof which are to be so redeemed thereby automatically shall
be treated as redeemed prior to their scheduled maturities, and
they shall not bear interest after the date fixed for redemp-
tion, and they shall not be regarded as being outstanding
j except for the right of the registered owner to receive the
1 redemption price plus accrued interest from the Paying Agent/
Registrar out of the funds provided for such payment. If a
portion of any Bond shall be redeemed a substitute Bona or
Bonds having the same maturity date, bearing interest at the
same rate, in any denomination or denominations in any integral
f multiple of $5,000, at the written request of the registered
owner, and in aggregate principal amount equal to the unre-
deemed portion thereof, will be issued to the registered owner
upon the surrender thereof for cancellation, at the expense of
the Issuer, all as provided in the Bond Ordinance.
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE-
GRAL MULTIPLE Or $50000 may be assigned and shall be trans-
ferred only in the Registratio:i Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for
the Bonds, upon the terms and conditions set forth in the Bond
Ordinance. Among other requirements for such assignment and
r transfer, this Bond must be presented and surrendered to the
Paying Agent/Registrar, together with proper instruments of
assignment, in form and with guarantee of signatures satisfac-
tory to the Paying Agent/Registrar, evidencing assignment of
this Bond or any portion or portions hereof in any integral
multiple of $5,000 to the assignee or assignees in whose name
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or names this Bond or any such portion or portions hereof is or
are to be transferred and registered, The form of Assignment
printed or endorsed on this Bond shall be executed by the
registered owner or its duly authorized attorney or representa-
tive, to evidence the assignment hereof. A new Bond or Bonds
payable to such assignee or assignees (which then will be the
new registered owner or owners of such new Bond or Bonds), or
to the previous registered owner in the case of the assignment
and transfer of only a portion of this Bond, may be delivered
by the Paying Agent/Registrar in conversion of and exchange for
this Bond, all in the form and manner as provided in the next
paragraph hereof for the conversion and exchange of other
Bonds. The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such trans-
far, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect
thereto. The Paying Agent/Registrar shall not be required to
make transfers of registration of this Bond or any portion
hereof (i) during the period commencing with the close of
business on any Record Date and ending with the opening of
business on the next following principal or interest payment
date
o
, or, (ii) with respect to any Bond or any portion thereof
called for redemption prior to maturity, within 45 days
rio to its redemption date. The registered owner of this Bond r
shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Bond to
the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the
contrary.
t
ALL BONDS OF THIS SERIES are issuable solely as fully
registered bonds, without interest coupons, in the denomination
or any $SoOOO. As
OrdinancentthislBond, multiple
erred portion provided a reofthmay, at
the request of the registered ovnAr or the assignee or as-
signees hereof, be converted into and exchanged for a like
aggregate principal amount of fiti.ly registered bonds, without
f interest coupons, payable to tho appropriate registered owner,
assignee, or assignees, as the case may be, having the same
maturity date, and bearing interest at the same rate, in any
denomination or denominations in any integral multiple of
$5,000 as requested in writing by the appropriate registered
owner, assignee, or assignees, as the case may be, upon sur-
render of this Bond to the Paying Agent/Registrar for cancella-
tion, all in accordance with the form and procedures set forth
in the Bond Ordinance. The Issuer shall pay the Paying Agent/-
Registrar's standard or customary feu and charges for tra%s-
ferring, converting, and exchanging any Bond or any portion
thereof, but the one requesting such transfer, conversion, and
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exchange shall pay any taxes or governmental charges required
' to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The
Paying Agent/Registrar shall not be required to make any such
conversion and exchange (i) during the period commencing with
the close of business on any Record Date and ending with the t
opening of business on the next following principal or interest
payment date, or, (.(i) with respect to any Bond or portion
thereof called for redemption prior to maturity, within 45 days
1 i prior to its redemption date.
r IN THE EVENT any Paying Agent/Registrar for the Bonds is
r j changed by the Issuer, resigns, or otherwise ceases to act as
s such, the Issuer has covenanted in the Bond Ordinanc- that it
promptly will appoint a competent and le7ally qualified substi-
tute therefor, and promptly will cause written notice thereof k
to be mailed to the registered owners of the Bonds. I
I IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly authorized, issued, sold,and do-
liveredt that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Bond !save
been performed, existed, and been done in accordance with law;
that this Bond is a special obligation of the Issuer, secured
by and payable, together with other bonds, from a first lien on
and pledge of the "Pledged Revenues", which include initially
the "Net Revenues of the System", as such terms are defined in
the Bond r...Anance, with the System consisting of the City's
entire comuined waterworks, sewer, and electric light and power
j system.
THE ISSUER has reserved the right, subject to the restric-
tion stated in the Bond Ordinance, to issue Additional Bonds
payable from and secured by a first lien on and pledge of the
"Pledged Revenues" on a parity with this Bond and series of
which it is a part.
THE REGISTERED OWNER hereof shall never have the right to
demand payment of this Bond or the interest hereon out of any
funds raised or to be raised by taxation or from any source
whatsoever other than specified in the Bond Ordinance.
BY BECOMING the registered owner of this Bond, the regis-
tared owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Bond Ordinance io duly
recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and ayreos
that the terms and provisions of this Bond and the Bond
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hereof and rdinance cthetiitute asuera contract between each registered owner
o
to be
s
caused thi
WITNESS WHEREOF, the Issuer has s Bond Issuer
signed with the facsimile signature of the Mayor of the
fe sire of the
has acsimilcaused the natvofficiaI sealtof
} and countersigned with the,
Secretary of the Issuerimpre~sed, or placed in facsimile, on
the Issuer to be duly
I this Bond.
Use- _ (f~j~iana ref
r f acs imil&._@~S..--• Mayor #
City Secretary, City of Denton, Texas
city of Denton, Texas
1
(CITY SEAL)
~ ni1DS C *°+c A~1Tt7FtSTICA_TIO~I~' LATE
'1 MROF ~~A
REGISTRAR'S hulHENTICATION CERTIFICATE
PAYING AGENT/
it is hereby certified that this Bond has been issued
under the provihes~nd has been 0l ssuedcindc nversion of and
at or a portion of a
th nds
0
l and ~ bond b +
Bond of a the
exchange for or replacemen was approved by
bond or bonds of an issue which originally
A costate of Texas and unts of he State of Texas.
Attorney General of the
by the of public Comptroller
TEXAS AMERICAN BANK/FORT WORTH, N.A.,
4 FORT WORTH, TEXAS
paying Agent/Registrar
Authorized pepresentative
Dated By -
ASSIGNMENT
FOR NACRE RECEIVED, the undersigned registered owner of
or duly authorized representative or attorney
this Bond,
thereof, hereby assigns this Bond to
r nt or ti r is Assignee's name
Oso gnea's Soc al (P including zip Code) FeWT
Security or Taxpayer add.ess,
Identification Number
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and hereby irrevocably constitutes and appoints
attorney to traneler the rag strat on of th s Bond on the
Paying Agent/Registrar's Registration Books with full power of
substitution in the premises.
Datedt
Signature Guaranteed:
NOTICE) Tha RTnature must be
guaranteed by a member of the Reg stared Owner The Si above
New York Stock Exchange or a must C correspond wi hu the name
commercial bank or trust of the Registered Owner ap-
company. ,
pealing on the face of this
Bond.
followingiterms shaD. As used in s Ordinae the
lt havle the ee ings settforth below unless
t the text hereof specifically indicates otherwise)
(a) The terms "City" and "Issuer" shall mean the City of
Denton, in Denton County, Texas.
(b) The term "City Council" or "Council" shall mean the
governing body of the City.
(0) The term "Bonds" shall mean collectively the Initial
Bond as defined and described in Section 2 of this Ordinance
and all substitute bonds exchanged therefor, and all other
substitute bonds and replacement bonds, issued pursuant to and
as provided in this Ordinance,
collectively (i)
the outstandinge ityofiDentoonnUtility System Refunding Revenue
Bonds, Series 1983, authorized by ordinance passed on March 10,
1983 /the "Series 1983 Bonds"), (ii) the outstanding City of
Denton Utility System Revenue Bonds, Series 1984, authorized by
ordinance passed on February 21, 1984 (the "Series 1984
j Bonds % (iii) the outstanding City of Denton Utility System
Revenue Bonds, Series 1984-A authorized by ordinance paused on
September 25, 1984 (the Series 1984-A Bonds), (iv) the out-
Seriesn19870 authorized byi y System
Januaryn27go1987
(the "Series 1987 Bonds"), and (v) the Bonds.
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(e) The term "Additional Bonds" shall mean the additional
parity revenue bonds which the City reserves the right tc issue
in the future, in accordance with Section 25 of this ordinance.
1 (f) The term "System" shall mean (1) the City's entire
existing waterworks and sewer system and the city's entire
existing electric light and power system, together with all `
future extensions, improvements, enlargements, and additions !3
thereto, and all replacements thereof, and (2) any other
related facilities, all or any part of the revenues or income
from which do, in the future, at the option of the City, and in
accordance with law, become "Pledged Revenues" as hereinafter
defined; provided that, notwithstanding the foregoing, and to
the extent now or hereafter authorized or permitted by law, the
term System shall not mean any water, sewer, electric, or other
facilities of any kind whicn are declared not to be a part of P
the System, and which are acquired or constructed by the City
with the proceeds from the issuance of "Special Facilities
Bonds", which are hereby defined as being special revenue
obligations of the city which are not payable from or secured
by any Pledged Revenues, but which
other revenues, and p ayabolY
from liens on and pledges of any
not limited to, special contract
payments, including, but
} revenues or payments received from any other legal entity in
connection with such facilities; and such revenues, sources, or
payments shall not be considered as or constitute Gross Rev-
enues of the System, unless and to the extent otherwise pro-
vided in the ordinance or ordinances authorizing the issuance
of such "Special Facilities Bonds".
(g) The terms "Gross Revenues of the System" and "Gross
Revenues" shall mean all revenues and income of every nature
derived or received by the City from the operation and owner-the
ship of the Systamt
or deposit !ofumoneytin any Fund created f by from this
CIE ordinance.
(h) The termA "Net Revenuesa of the System", and "Net
Revenues" shall meal all Gross RevQmies after deducting there-
labor~,nd
from an u
Systom the icurrent ncluding xallesalaries operation
maintwnance of equal
materials, repairs, and extensions necessary to render effi-
cient service, pprovided, however, that only such repairs and
extensions, as in the judgment of the City Council, reasonably
and fairly exercised by the adoption of appropriate resolu-
tions, are necessary to keep the System in operation and render
adequate service to said city and the inhabitants thereof, or
such as might be necessary to meet some physical accident or
onal
condition shall which be would dadat d otheriise impair the
determining "Nets Revenues".
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Payments required to be made by the city for water supply or
i water facilities, sewer services or sewer facilities, fuel
supply, and for the purchase of electric p,7 aer, which Payments
under law constitute operation and maintenance expenses leany
part of the system, shall constitute and be regarded as ex-
penses of operation and maintenance of the System under this
I Ordinance. Depreciation and amortization shall not constitute
I or be regarded as expenses of operation and maintenance of the
System.
(i) The term "Pledged Revenues" shall mean
j (1) the Not Revenues, plus
(2) any additional revenues, .Income, or other
resources which are expected to be available to the
City on a regular periodic basis, including, without i
I limitation, any grants, donations, or income received
j or to be received from the United States Government, or
14 tany
antagreement aorrotherivate source, rwise, which in whether
the rfuture amay, at
the option of the City, be pledged to the
1 Parity Bonds or Additional Bonds, payment of the
(j) The t9rm "year" or "fiscal yearn shall mean the
fiscal year used by the City in connection with the operation
of the System.
(k) The term "government obligations" shall mean direct
s obligations of the United States of America, including oblida-
tioni the principal of and interest on which are uncondition-
ally guaranteed by the united States of America, which may be
i United States Treasury obligations such as its State and Local
Government Series, and which may be in book-entry form.
Section 9. PLEDGE. (a The
Bonds are "Additional "
as permitted by Sections 24 and 25 of the ordinance pas Bonds
sed on
March 10, 19830 authorizing the Series 1987 Bondst and i
t is
hereby determined, declared, and resolved that all of the
Parity Bonds (inolvitng ti.e Bonds) are secured and payable
equally and ratably on a parity, and that Sections 8 through28,
of this Ordinance are supplemental to and cumulative of Sec-
tions 7 through 27 of the aforesaid ordinance passed on March
100 1985, with Sections 8 through 28 of this Ordinance being
F applicable to all of the Parity Bonds.
(b) The Parity Bonds and any Additional Bonds, and the
interest thereon, including any interest coupons appertaining
thereto, are and shall be secured by and payable from a first
lien on and pledge of the Pledged Revenues, and the Pledged
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Revenues are further pledged to the establishment and mainte-
nance of the Funds created by this ordinance, and any Funds
created by any ordinance authorizing the issuance of any
Additional Bonds. The Parity Bonds and any Additional Bonds
i are not and wall not be secured by or payable from a mortgage
or deed of trist on any real, personal, or mixed properties
constituting the System.
Section 10. SYSTEM FUND. There heretofore has been and
is hereby creaked and there shall be established and maintained
on the books of the City, and accounted for separate and apart
from all other funds of the City, a special fund to ba entitled
the "City of Denton Utility System Fund" (the "System Fund"),
All Gross Revenues shall be credited to the System Fund immedi-
ately upon receipt, unless otherwise provided in this Ordi-
nance. All current expenses of operation and maintenance of
the System shall be paid from such Gross Aivenues credited to
the System Fund as a first charge against same. Before making
any deposits hereinafter required to be made from the System
Fund, the City shall retain in the System Fund at all times an
amount at least equal to one-sixth of the amount budgeted for
the then current fiscal year for the current operation and
maintenance expenses of the System.
Section 11. INTEREST AND SINKING FUND. For the sole
purpose of paying the principal of and interest on all Parity
Bonds and Additional Bonds, there heretofore has been and is
hereby created and there shall be established and maintained on
the books of the City, and accounted for separate and apart
from all other funds of the City, a separate fund to be en-
titled the "City of Denton Utility System Revenue Bonds Inter-
est and Sinking Fund'' (the "Interest and Sinking Fund").
Section 12. RESERVE FUND. There heretofore has been and
is hereby created and there shall be established and maintained
initially at Texas Paerican Sank/Fort Worth, N.A., Fort Worth,
i Texas, and thereafter, at the option of the City, established
and maintained at any time at any national bank having a
capital and surplus in excess of 5250000,0000 a separate fund
to be entitled the "City of Denton Utility System Bonds and
Additional Bonds Reserve Fund" (the "Reserve Fund"). The
Reserve Fund shall be used to pay the principal of and interest
on any Parity Bonds or Additional Bonds when and to the extent
the amounts in the Interest and Sinking Fund available for such
payment are inatffiaient for such purpose, and may be used for
j the purpose of finally retiring the last of any Parity Bonds or
Additional Bonds.
Section 13. EXTENSION AND IMPROVEMENT FUND. There
heretofore has been and is hereby created and there shall be
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established an
accounted for separate land apart h from all oc:: ere fucityt nds of and
{ City, a separate fund to be entitled the "City of Denton
Utility System Extension and Improvement Fund" (the "Extension
and Improvement Fund"). The Extension and Improvement Fund E
shall be used for the purpose of paying the costs of improve- i
meets, enlargements, extensions, additions, replacements, or
other capital expenditures related to the System, or for paying
the costs of unexpected or extraordinary repairs or replace-
ments of the System for which System funds are not available,
or for paying unexpected or extraordinary expenses of operation
and maintenance of the System for which System funds are not
ij otherwise available, or for any other lawful purpose.
Section 14. EMERGENCY FUND. There is hereby created and
there shall be established and maintained on the books of the
City, and accounted for separate and apart from all other funds
I of the City, a separate fund to be entitled the "City of Denton
Utility System Emergency Fund" (the "Emergency Fund"). The
Emergency Fund shall be used for the purpose of paying unex-
pected or extraordinary expenses of repair, replacement,
operation, and maintenance of the System for which neither
System funds nor the moneys in the Extension and Improvement
Fund are available. There was deposited in the Emergency Fund
simultaneously with the delivery of the Series 1983 Bonds to
t
the he initial purchasers thereof from lawfully available funds of
income City the
the Emergency 2 Fund O shall l be investment transferred interest
to the
System Fund as received.
Section 15. DEPOSITS OF PLEDGED REVENUES. pledged
Revenues shall be credited to or deposited in the interest and
Sinking Fund, the Reserve Fund, `he Extension and Improvement
Fund, and other funds when and es required by this ordinance
and any ordinance authorizing the Issuance of Additional Bonds.
Section 16. INVESTMENTS. Money in any Fund established
pursuant to this ordinance or any ordinance authorizing the
beissuance of
placed in Additional time deposits d or certificates option i deposit h secured
by obligations of the type hereinafter described, or be in-
vested in Government Obligations (as defined in Section 8
k, hereof) or obligations guaranteed or insured by the United
States of America, which, in the opinion of the Attorney
General of the United states, are baked by its full faith and
` credit or represent its general obligations, or invested In
f ` obligations of instrumentalities of the United States of
Amerl.ca, including, but not limited to, evidences of indebted-
ness issued, insured, or guaranteed by such governmental
agencies as the Federal Land Banks, Federal Intermediate Credit
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G.y
Banks, Banks for Cooperatives, Federal Home Loan Banks, Govern-
msnt National Mortgage Association, United States Postal
Service, Farmers Home Administration, Federal Home Loan Mort-
gage Association, Small Business Administration, Federal
Housing Association, or Participation Certificates in the
i Federal Assets Financing Trusts provided that all such deposits
and investments shall be made in such manner as will, in the
` opinion of the City, permit the money required to be expended
from any Fund to be available at the proper time or times as
expected to be needed. Such investments (except United States
Treasury obligations--State and Local Government Series invest-
ments held in book entry form, which shall at all times be
valued at cost) shall be valued in terms of current market
value as of the last day of each fiscal year. Unless otherwise
not forth herein, all interest and income derived from such
deposits and investments immediately shall be credited to, and
any losses debited to, the Fund from which the deposit or
investment was made, and surpluses in any Fund shall or may be
disposed of as hereinafter provided. Such investments shall
ld promptly when necessary to prevent any default in con-be
nectior with the Parity Bonds or Additional Bonus consistent
I with the ordinances, respectively, authorizing their issuance.
Section 17. FUNDS SECWED. That money in all Funds
created by this Ordinance, to the extent not invested, shall be
secured in the manner prescribed by law.
Section 18. PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM
FUND. That the City shall make the deposits and payments from
thisgOrdinance cndn any Fund when
authorizina any rAdditional
Bonds, and such deposits shall be made in the following manner
and with the following irr,ivocable priorities, reApectivelyr
First, t
the amounts o the Interest and Sinking Fund, when and in
any ordinance eauthorizinghany Additional and
Second, to the Reserve Fund, when and in the amounts
required by this ordinance and any ordinance
authorizing any Additional Bondst and
I Third, to the Extension and Improvement Fund, when
and as required by Section 21 of this ordinance.
Sectt.on 19. INTEREST AND SINKING FUND REQUIREMENTS. The
City shall cause to be deposited to the credit of the interest
and sinking Fund the accrued Interest and any premium received
from the sale of the Initial Band, and on or before the 25th
day of each month, the City shall cause to be deposited to the
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credit of the Interest and Sinking Fund, in approximately equal
monthly payments, amounts sufficient, together with any othe.-
funds on hand therein, to pay all of the interest or principal
and interest coming due, including the principal amount of any
Parity Bonds required to be redeemed prior to maturity pursuant
to any mandatory redemption requirements, on the Parity Bonds
and any Additional Bonds on the next succeeding interest
payment date. Any moneys so deposited in the Interest and
Sinking Fund with respect to a mandatory redemption require-
ment, together with other lawfully available funds of the City$
I may be used by the City, to purchase, in advaics of a mandatory
j redemption date and at a price not exceeding the principal
amount thereof plus accrued interest thereon to the date of
purchase, Parity Bonds which would be subject to being chosen
for mandatory redemption on such mandatory redemption date.
The Paying Agent shall cancel any Parity Bonds so purchased.
Section 20. RESERVE FUND REQUIREMENTS. There is now on
hand in the Reserve Fund an amount of money and novernment
Obligations which is in excess of $30000,000 and which is at
least equal to the average annual principal and interest
requirements of the Series 1983 Bonds, the Series 1984 Bonds,
the Series 1584-A Bonds, and the Series 1987 Bonds (the
"Required Reservo Amount")f except and provided that following
the issuance and delivery of the Initial Bond (Series 1988) the
Required Reserve Amount shall become and be an amount of money
and investments equal to the average annual principal and
interest requirements of all outstanding Parity Bonds and
Additional Bonder provided further, however, that the Required
Reserve Amount shall never be less than $3,000,000 if the
maximum annual principal and interest requirements on all
outstanding Parity Bonds and Additional Bonds exceeds
$300000000. Immediately after the issuance and delivery of the
Initial Bond there shall be deposited to the credit of the
Reserve Fund, from the proceeds of the sale of the Initial
Bond, money sufficient to cause the Reserve Fund to contain an
aggregate amount of money and investments equal to the average
annual principal and interest requirements of all then out-
standing Parity Bonds (the then Required Reserve Amount).
After the delivery of any future Additional Bonds the City
shall cause the Reserve Fund to be increased, if and to the
extent necessary, so that such Fund will contain an amount of
money and investments equal to the Required Reserve Amount.
Any increase in the Required Reserve Amount may be funded crom
Pledged Revenues, or from proceeds from the sale of any Addi-
tional Bonds, or any other available source or combination of
sources. All or any part of the Required Reserve Amount not
funded initially and immediately after the delivery of any
installment or issue of Additional Bonds shall be funded,
within not more than five years from the date of such delivery,
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installments on or before the 25th day of each month. Princi-
j pal amounts of the Parity Bonds and any bAdditional Bonds
redemph
must. be redeemed pursuant to any applicable
requiremc:,ts shall be deemed to ba maturing and is ofs-
principal for the purpose of calculating principal
requirements on such bonds. When and so long as the amount it
the Reserve FunA is not less than the Required Reserve A,nrunt
no deposits shall be made to the credit of tha Reserve Finds
but when and if the Reserve Fund at any t time contains less * hoa~n
I the Required, Reserve Amount, then the City shall transfer
Pledged hevenues in the System Fund, and deposit to the credit.
1 of the Reserve Fund, monthly on or before the 25th day tf each
Amount,
to Required
month, a the sum equal t
Reserve Fund 1/60th f
is rst red the
until
1
Amount. The City specifically covenants that when and so long
as the Reserve Fund contains the Required Reserve Amount, the
City shall cause all amounts in excess of the Required keserve
Amount to be deposited to the credit of the interest and
j Sinking Fund.
Section 21, EXTENSION AND IMPROVEMENT FUND REQUIREMENTS.
During each year, subject and subordinate to making tie re-
quired deposits to the credit of the Interest and Sinking Fund
and the Reserve Fund, the City shall be required to deposit to
the credit of the Extension and improvement Fund, from Pledged
Syamount stem", ewhich term in hereby
Revenues i "Adjusted Gross R venues of the an
i defined to mean the followings
the Gross Revenues of the System for such year after
deducting from such Gross Revenues an amount equal to
the current expenses of operat:)n and maintenance attribut-
which are directly
able System for such year
able to (i) all fuel costs related to the production
of electric energy by the City and/or (ii) the pur-
chase of electric energy by the City.
Additional excess Pledged Revenues may, at the option of the
City Council, be deposited to the credit of the Improvement
Fund as permitted by Section 22 (b) heroof, but no such addi-
tional deposit is required. All investment interest income
from the Extension and improvement Fund shall be retained in
and remain a part of such Fund.
1 Section 22. DEFICIENCIESt EXCESS PLEDGED REVENUES. (a)
I If on any occasion there shall not be sufficient Pledged
Revenues to make the required deposits into the Interest and
Sinking Fund or the Reserve Fund, such defic!,ency shall be made
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Up as soon as possible from the next available Pledged Rev-
enues.
(b) Subject to making the required deposits to the credit
of the various Funds when and as required by this ordinance or
? suanyplordusiPlnance
any dlawful
purpose.
I
Section 23. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS.
On or before December 1, 1988, and semiannually on or before
? each June 1 and December 1 thereafter while any of the Parity
Bonds or Additional Bonds are outstanding and unpaid the City
shall make available to the Paying Agents therefor, out oc the
Interest and Sinking Fund, or if necessary, out of the Reserve
Fund, money sufficient to pay, on each of such dates, the
principal of and interest on the Parity Bonds and Additional
Bonds as the same matures and comes due, or Lo redeem the
Parity Bonds or Additional Bonds prior to maturity, either upon
mandatory redemption or at the option of the City. At the
direction of the City the Paying Agents shall either deliver
paid Parity Bonds and Additional Bonds, and any interest
coupons appertaining thereto, to the City or destroy all paid
Parity Bonds and Additional Bonds, and any COLp)ns appertaining
thereto, and furnish the city with an rppropriate certificate
of cancellation or destruction.
Section 21. FINAL DEPOSITS. (a) Any Parity Bond or
Addit
longerooutstanding awithin the meaning be
of paid, Ordinance wh n
payment of the principal of, redemption premium, if any, on
such Parity Bond or Additional Bond, plus interest thereon to
the due date thereof (whether such due date be by reason of
maturity, upon redemption, or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms
thereof (including the giving of any required notice of redemp-
tion or provision for the proper giving of such notice having
been made), or (ii) shall have been provided by irrevocably
depositing with or making available to a Paying Agent therefor,
in trust and irrevocably set aside exclusively for such pay-
ment, (1) money sufficient to make such payment or (2) Govern-
ment Obligations which mature as to principal and interest in
such amounts and at much times as will insure the availability,
without reinvestment, of sufficient money to make such payment,
i and all necessary and proper fees, compensation, and expenses
of such Paying Agent pertaining to the Parity Bonds and Addi-
tional Bonds with respect to which such deposit is made shall
have been paid or the payment thereof provided for to the
satisfaction of such paying agent. At such time as a Bond or
Additional Bond shall be deemed to be paid hereunder, as
30
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aforesaid, it shall no longer be secured by or entitled to the
benefits of this ordinance or a lien on and pledge of the
Pledged Revenues, and shall be entitled to payment solely from
such money or Government obligations.
(b) Any moneys so deposited with a paying agent may at
thv direction of the City also be invested in Government
j Obligations, maturing in the amounts and times av hereinbefore
set forth, and all income from all Government obligations in
the hands of the paying agent pursuant to this Secticn which is
not required for the payment of the Parity Bonds and Additional
Bonds, the redemption p'emium, if any, and interest thereon,
with respect to which such money has been so deposited, shall
be turned over to the City or deposited as directed by the
i city,
Section 25. ADDITIONAL BONDS. (a) The City shall have
the right and power at any time and from time to timA, and in
j one or more series or issues, to authorize, issue, and delivar
I additional parity revenue bonds (herein called "Additional
Bonds"), in accordance with law, in any amounts, for any lawful
purpose, including the refunding of any Parity Bonds or Addi-
tional Bonds, or other obligations. Such Additional Bonds, if
f and when authorized, issued, and delivered in accordance with
this Ordinance, shall be payable from and secured by an irrev-
ocable first lien on and pledge of the Pledged Revenues,
equally and ratably on a parity in all respects with the Parity
Bonds and any other outstanding Additional Bonds.
I (b) The principal of all Additional Bonds must be sched-
uled to be paid or mature on December l of the years in which
such principal is scheduled to be paid or mature.
Section 26. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS.
Additional Bonds shall be issued only in accordance with this
Ordinance, and no installment, Series, or issue of Additional
Bonds shall be issued or delivered unless:
(a) The Mayor of the City and the City Secretary sign a
written certificate to the effect that the City is not in
default as to any covenant, condition, or obligation in connec-
tion with all then outstanding Parity Bonds and Additional
Bonds, and the ordinances authorizing same, and that the
interest and Sinking Fund and the Reserve Fund each contains
the amount then required to be therein.
(b) An independent certified public accountant, or in-
dependent firm of certified public accountants, acting by and
through a certified public accountant, signs a written certifi-
cate to the effect that, in his or its opinion, during either
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thn next preceding fiscal year, or any twelve conse-nutive
calendar month period out of the 18-month period immediately
preceding the month in which the ordinance authorizing the
issuance of the then proposed Additional Bonds is passed, the
Pledged Revenues were at least (1) 1,25 times an amount equal
to the average annual principal and interest requirements, and
(ii) 1.10 times an amount equal to the principal and interest
requirements during tho fiscal year during which such require-
ments are scheduled to be the greatest, of all Parity Bonds and I
Additional Bonds which are scheduled to be outstanding after
the delivery of the then proposed Additional Bonds. It is
specifically provided, however, that in calculating the amount
of Pledged Revenues for the purposes of this subsection (b), if
there has been any increase in the rates or charges for ser-
vices of the System which is then ir, effect, but which was not
j in effect during all or any part of the entire period for which
the Pledged Revenues ire being calculated (hereinafter referred
to as the "entire period") then the certified public account-
ant, or in lieu of the certified public accountant a firm of
consulting engineers, shall determine and certify the amount of
Pledged Revenues as being the total of (i) the actual Pledged
Revenues for the entire period, plus (ii) a sum equal to tho
aggregate amount by which the actual billings to customers of
the System durinq the entire period would have been increased
if such increased rates or charges had been in effect during
the entire period,
(c) Provision shall be made in the ordinance authorizing
their issuance for increasing the Reserve Fund to the Required
Reserve Amount as required by Section 20 hereof.
(e) All calculations of average annual principal and
interest requirements of any bonds made in connection with the
issuance of any than proposed Additional Bonds shall be made as
of the date of such Additional Bondst and also in making
calculations for such purpose, and for any other purpose under
this ordinance, principal amounts of any bonds which must be
redeemed prior to maturity pursuant to any applicable mandatory
redemption requirements shall be deemed to be maturing amounts
of principal of such bonds.
Section 27. GENERAL COVENANTS. The City further cove-
nants and agrees that in accordance with and to the extent
required or permitted by laws
(a) Performance, It will faithfully perform at all times
any and all covenants, undertakings, stipulations, and provi-
sions contained in this ordinance, and each ordinance authoriz-
ing the issuance of Additional Bonds, and in each and every
Parity Bond and Additional Bondi that it will promptly pay or
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cause to be paid the principal of and intereot on every Parity
Bond and Additional Bond, on the dates and in the places and
manner prescribed in such ordinances and Parity Bonds or
Additional Bonds; and that it will, at the times and in the
manner prescribed, deposit or cause to be deposited the amounts
required to be deposited into the Interest and Sinking Fund and
the Reserve Fund; and any holder of the Parity Bonds or Addi-
tional Bonds may require tha City, its officials, and em-
ployees, to carry out, respect, or enforce the covenants and
obligations of this ordinance, or any ordinance authorizing the
issuance of Additional Bonds, by all legal and equitable means,
including specifically, but without limitation, the use and
filing of mandamus proceedings, in any court of competent
jurisdiction, against the City, its officials, and employees. !
(b) Gay's Legal Authority. The City is a duly created
and existing home rule city of the State of Texas, and is duly
authorized under the laws of the State of Texas to create and
s issue t;,a Parity Bonds and Additional Bonds; that all action on
its part for the creation and issuance of the said obligations
has been or will be duly and effectively taken, and that said
obligations in the hands of the holders and owners thereof are
and will be valid and enforceable special obligations of the
City in accordance with their terms.
(c) Title The City has or will obtain lawful title to
the lands, buildings, structures, and facilities constituting
the system, that it warrants that it will defend the title to
all the aforesaid lands, buildings, structures, and facilities,
and every part thereof, for the benefit of the holders and
owners of the Parity Bonds and Additional Bonds, against the
claims and demands of all persons whomsoever, that it is
lawfully qualified to pledge the Pledgod Aevenues to the
F-,yment of the Parity Bonds and Additional Bonds in the manner
prescribed herein, and has lawfully exercised such rights.
(d) Lions,. Th•, City will from time to time and before
the same become delinquent pay and discharge all taxes, assess-
ments, and governmental charges, if any, which shall be law-
fully imposed upon it, or the System, that it will pay all
lawful claims for rents, royalties, labor, materials, and
I supplies which if unpaid might by law become a lien or charge
thereon, the l:an of which would be prior to or interfere with
the liens hereof, so that the priority of the liens granted
hereunder shall be fully preserved in the manner provided
herein, and, that it will not create or suffer to be created any
mechanio's, laborer's, materialman's, or other lien or charge
which might or could be prior to the liens hereof, or do or
suffer any matter or thing whereby the liens hereof might or
could be impairedl provide., however, that no such tax,
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s assessment, or charge, and that no such claims which might be
used as the basis of a mechanic's, laborer's, materialman's, or
other lien or charge, shall be required to be paid so long as
the validity of the same shall be contested in good faith by
the City. M
i (e) Operation of Svstemt No Free Service. While the
Parity Bonds or any Additional Bonds are outstanding and unpaid
the City shall continuously and efficiently operate the System, l
and shall maintain the System in good condition, repair, and
E working order, all at reasonable cost. No free service of the
System shall be allowed, and should the City or any of its
agencies, instrumentalities, lessors, or :.oncessionaires make
use of the services and facilities of the System, payment
monthly of the standard retail price of the services provided
shall be made by the City or any of its agenciea, instrumen-
talities, lessors, or concessionaires out of funds from sources
other than the revenues of the System, unless made from surplus
Pledged Revenues as permitted by Section 22(b) hereof.
(f) Further Encumbrance. While the Parity Bonds or any
Additional Bonds are outstanding and unpaid, the City shall not
additionally encumber the Pledged Revenues in any manner,
except as permitted in this ordinance in connection with
Additional Bonds, unless ,paid encumbrance is made junior and
subordinate in all respects to the liens, pledges, covenants,
and agreements of this ordinance and any ordinance authorizing
the issuance of Additional Bondst but the right of the City to
issue revenue bonds payable from a subordinate lien on surplus
Pledged Revenues is specifically recognized and retained, as
permitted under Section 22(b) hereof).
j (g) ;ale or Disposal of Property. While the Parity Bonds
or any Additional Bonds are outstanding and unpaid, the City
shall not sell, convoy, mortgage, encumber, lease, or in any
manner transfer title to, or dedicate to other use, or other-
wise dispose of, the System, or any significant or substantial
part thereoft provided that whenever the City deem: it neces-
sary to dispose of any property, machinery, fixtuiss, or
aquipment, or dedicate such property to other use, it may do so
either when it has made arrangements to replace the same or
provide substitutes therefor, or it is determined by resolution
of the City Council that no such replacement or substitute is
necessary.
(h) Insurance. (1) The City shall cause to be insured
such parts of the System as would usually be insured by corpor-
ations operating like properties, with a responsible insurance
company or companies, against risks, accidents, or casualties
against which and to the extent insurance is usually carried by
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extent corporations operating obtainable$ fire land extended g~coverage
insurance, insurance against damage by floods, and use and
occupancy insurance. Public liability and property damage
'.nsurance also shall be carried unless the City Attorney gives
a written opinion to the effect that the City is not liable for
claims which would be protected by such insurance. All insur-
ance premiums shall be paid as an expense of operation of the
System. At any time while any contractor engaged in construc-
tion work shall be fully responsible therefor, the City shall
not be required to carry insurance on the work being con-
structed if the contractor is required to carry appropriate
` insurance. All such policies shall be open to the inspection
I of the Bondholders and their representatives at all reasonable
times. Upon the happening of any loss or damage covered by
insurance from one or more of said causes, the City shall make
due proof of loss and shall do all things necessary or desir-
able to cause the insuring companies to make payment in full
directly to the City. The proceeds of insurance covering such
property, together with any other funds necessary and available
for such purpose, shall be used forthwith by the City for
repairing the property damaged or replacing the property
destroyedt provided, however, that if said insurance proceeds
and other funds are insufficient for such purpose, then said
insurance proceeds pertaining to the System shall be deposited
in a spacial and separate trust fund, at an official depository
of the City, to be designated the Insurance Account. The
Insurance Account shall be held until such time as other funds
become available which, together with the Insurance Account,
will be sufficient to make the repairs or replacements origin-
ally required.
(2) The annual audit hereinafter required may contain a
section commenting on whether or not the City has complied with
the requirements of this Section with respect to the mainte-
nance of insurance, and shall state whether or not all insur-
ance premiums upon the insurance policier to which reference is
made have been paid.
(i) Annu.t eudaet and Rata_Covenant• The City shall
prepare, prior to tho beginning of each fiscal year, an annual
budget, in accordance with law, reflecting an estimate of cash
receipts an4 disbursements for the ensuing fiscal year in
sufficient detail to indicate the pro~)able Gross Revenues and
Pledged Revenues for such fiscal year. The City shall fix,
for establish, the use maintain and availability collect, such ras, chares, and
are
System at all times as fees
1 necessary (1) to produce Gross Revenues sufficient, together
of the Syto pay all stem, and (2) current to produce operation
and any other maintenance Pledged expenses Revenues,
nd mai an
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amount of Pledged Revenues during each fiscal year at least
equal to the greater of 1.25 times the average annual principal
and interest requirements of all then outstanding Parity Bonds
and Additional Bonds or 1.25 times the succeeding fiscal. year's
principal and interest requirements of all then outstanding
Parity Bonds and Additional Bonds.
(j) Records. The City shall keep proper books of record
III and account in which full, true, proper, and correct entries
j will be made of all dealings, activities, and transactions
relating to the System, the Pledged Revenues, and the Funds
created pursuant to this ordinance, and all books, documents,
and vouchers relating thereto shall at all reasonable times be
made available for inspection upon request of any Bondholder or
citizen of the City. To the extent consistent with the provi-
sions of this Ordinance, the City shall keep its books and
records in a manner conforming to standard accounting practices
as usually would be followed by private corporations owning and
operating a similar System, with appropriate recognition being
given to essential differences between municipal and corporate
accounting practices.
(k) Audits. After the close of each fiscal year while
any of the Parity Bonds or any Additional Bonds are outstand-
ing, an audit will be made of the books and accounts relating
to the System and the Pledged Revenues by an independent
certified public accountant or an independent firm of certified
public accountants. As soon as practicable after the close of
each such year, and when said audit has been completed and made
i available to the City, a copy of such audit for the preceding
year shall be mailed to the Municipal Advisory Council of
Texas, to each paying agent for any bonds payable from Pledged
Revenues, and to any Bondholders who shall so request in
writing. The annual audit reports shall be open to the inspec-
tion of the Bondholders and their agents and representatives at
all reasonable times.
(1) sever mmantal Agencies. It will comply with all of
the terms and conditions of any and all franchises, permits,
and authorizations applicable to or necessary with respect to
the System, and which have been obtained from any governmental
agenoyl and the City has or will obtain and keep in full force
and effect all franchises, permits, authorization, and other
requirements applicable to or necessary with respect to the
acquisition, construction, equipment, operation, and mainte-
nance of the System.
(m) No Comoatition. It will not operate, or grant any
franchise or, to the extent it legally may, permit the acquisi-
tion, construction, or operation of, any facilities which would
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be in competition with the System, and to the extent that it
legally may, the City will prohibit any such competing facili-
ties.
1} (n) No Arbitrage. The City covenants to and with the
f purchasers of the Parity Bonds and any Additional Bonds that no FI
use will be made of the proceeds of any of such bonds at any
time throughout the term of any of such bonds which, if such t
j use had been reasonably expected on the date of delivery of any i
of such bonds to and payment therefor by the purchasers, would
have. caused any of such bonds to be arbitrage bonds within the
meaning of Section 103(c) of the Internal Revenue Cede of 1954,
as amended, or the Internal Revenue Code of 1986, or any
regulations or rulings pertaining thereto; and by this covenant
the City is obligated to comply with the requirements of the I}
i aforesaid Codes and all applicable and pertinent Department of
the Treasury regulations relating to arbitrage bonds. The City 4
further covenants that the proceeds of all such bonds will not
otherwise be used directly or indirectly so as to cause all or
any part of such bonds to be or become arbitrage bonds within
the meaning of the aforesaid Codes, or any regulations pertain-
ing thereto.
Section 28, AMENDMENT OF ORDINANCE. (a) The holders or
1 owners of Parity Bonds and Additional Bonds aggregating in
principal amount 51% of the aggregate principal amount of then
outstanding Parity Bonds and Additions: Bonds shall have the
right from time to time to approve any amendment to this
Ordinance which may be deemed necessary or desirable by the
city, provided, however, that nothing herein contained shall
permit or be construed to permit the amendment of the terms and
conditions in this Ordinance or in the Parity Bonds or Addi-
tional Bonds so as tos
(1) Make any change in the maturity of the out-
standing Parity Bonds or Additional Bonds)
(2) Reduce the rate of interest born* by any of
the outstanding Parity Bonds or Additional Bonds;
(3) Reduce the amount of the principal payable
on the outstanding Parity Bonds or Additional Bonds;
(4) Modify the terms of payment of principal
of or interest on the outstanding Parity Bonds or Addi-
tional Bonds, or impose any conditions with respect to
such payment;
(5) Affect the rights of the holders or owners of
less than all of the Parity Bonds and Additional Bonds
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then outstanding;
(6) Change the ainimum percentage of the prin-
cipal amount of Parity Bonds and Additional Bonds neces-
sary for consent to such amendment.
(b) If at any time the City shall desire to amend the
Ordinance under this Section, the City shall cause notice of
the proposed amendment to be published in a financial publica-
tion of general circulation in The City of New York, New York,
once during each calendar week for at least two successive
calendar weeks. Such notice shall briefly set forth the nature
of the proposed amendment and shall state that a copy thereof
I is on file at the principal office of the Paying Agents for
inspection Ly all holders or owners of Parity Bonds and Addi-
tional Bonds. Such publication is not required, however, if EE
notice in writing is given to each holder or owner of Parity I
Bonds and Additional Bonds.
(c) Vlenever at any time not less than thirty days, and
within one year, from the date of the first publication of said
notice or other service of written notice the city shall
receive an instrument or instruments executed by the holders or
owners of at lease 51% in aggregate principal amount of all
instrument dor instn ments shall refer to the proposed gyamendment
described in said notice and which specifically consent to and
approve such amendment. in substantially the form of the copy
+ thereof on file with the Paying Agents, the City Council may
pass the amendatory ordinance in substantially the same form.
(d) Upon the passage of any amendatory ordinance pursuant
to the provisions of this Section, this Ordinance shall be
deemed to be amended in accordance with such amendatory ordi-
nance, and the respective rights, duties, and obligations under
this Ordinance of the City, and all the holders or owners of
then outstanding Parity Bonds and Additional Bonds and all
future Parity bonds and Additional Bonds shall thereafter be
determined, exercised, and enforced hereunder, subject in all
respects to such amendments,
(e) Any consent given by the holder or owner of a Parity
Bond or Additional Bond pursuant to the
Section shall be irrevocable for a period of provisions
six sions months this
the data of the months from first
publication of h notice provided
this Section, and shall be conclusive and binding upon all in
future holders or owners of the same Parity Bond or Additional
Bond during such period. Such consent may be revoked at any
time after six months from the date of the first publication of
such notice by the holder or owner who gave such consent, or by
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a successor in title, by filing notice thereof with the paying
agents and the City, but such revocation shall not be effective
s if the holders or owners of 51% in aggregate principal amount
of the then outstanding Parity Bonds and Additional Bonds as in
this Section defined have, prior to the attempted revocation,
consented to, and approved the amendment.
(f) For the purpose of this Section, the fact of the
holding of Parity Bonds or Additional Bonds which are in
bearer, coupon form, by any bondholder and the amount and
? numbers of such bearer Parity Bonds or Additional Bonds and the
date of their holding same, may be proved by the affidavit of
the person claiming to be such holder or owner, or by a certi-
ficate executed by any trust company, bank, banker, or any
other depository wherever situated showing that at the date
therein mentioned such person had on deposit with such trust
company, bank, banker, or other depository, the Parity Bonds
and Additional Bonds described in such certificate. The City
may conclusively assume that Plich ownership continues until
written notice to the contrary is served upon the City. The
ownership of all registered Parity Bonds and Additional Bonds
shall be determined from the registration books kept by the
registrar therefor.
Section 29. DAMAGED, MUTILATED, LOST, STOLEN, OR DE-
STROYT", BONDS. (a) Replacement Bonds. In the event any
outstanding Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be print-
ed, executed, and delivered, a new bond of the same principal
amount, maturity, and interest rate, as the damaged, mutilated,
lost, stolen, or destroyed Bond, in replacement for such Bond
in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for
replacement of damaged, mutilated, lost, stolen, or destroyed
Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or
destruction of a Bond, the registered owner applying for a
replacement bond shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required
by them to save each of them harmless from any loss or damage
with respect thereto. Also, in every case of loss, theft, or
destruction of a Bond, the registered owner shell furnish to
the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destructi,)n of such Bond,
as the case may be. In every case of damage cr mutilation of a
Bond, .ut registered owner shall surrender to the Paying
J Agent/Registrar for cancellation the Bond so damaged or muti-
lated.
i
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(c) No Defi~,t Occurred, Notwithstanding the foregoing
provisions of this Section, in the event any such Bond shall
have matured, and no default has occurred which is then con-
tinuing in the payment of the principal of, redemption premium,
if any, or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the
case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is fc-nished
as above provided in this Section.
' (d) Charge -for_-Issuing Replacement Bonds. Prior to the
issuance of any replacement bond, the Paying Agent/Registrar
shall charge the registered owner of such Bond with all legal,
printing, and other expenses in connection therewith. Every
j replacement bond issued pursuant to the provisions of this
Section by virtue of the fact; that any Bond is lost, stolen, or
destroyed shall constitute a contractual obligation of the
Issuer whether or not the lost, stolen, or destroyed Bond shall
be found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Ordinance equally and
I proportionately with any and all other Bonds duly issued under
this ordinance.
(e) Issuer for Issuing Replacement Bonds. In accordance
with Section 6 of Vernonts Ann. Tex. Civ. St. Art. 717k-6, this
Section of this Ordinance shall constitute authority for the
E issuance of any such replacement bond without necessity of
further action by the governing body of the Issuer or any other
body or person, and the duty of the replacement of such bonds
d is hereby authorized and imposed upon the Paying Agent/Regis-
tray, and the Paying Agent/Registrar shall authenticate and
deliver such Bonds in the form and manner and with the effect,
` as provided in Section 6(d) of this Ordinance for Bonds issued
f in conversion and exchange for other Bonds.
Section 30. COVENANTS REGARDING TAX-EXEMPTION. The
Issuer covenants to take any action or refrain from any action
which would adversely affect the treatment of the Bonds as
obligations described in section 103 of the Code, the interest
on which is not includable in the "gross income" of the holder
for purposes of federal income taxation. In furtherance
ll thereof, the Issuer covenants as followst
1 (a) to take any action to assure that no more than
10 percent of the proceeds of the Bonds (less amounts
deposited to a reserve fund, if any) are used for any
"private business use", as defined in section 141(b)(6) of
the Code or, if more than 10 percent of the proceeds are
so used, that amounts, whether or not received by the
Issuer, with respect to Each private business use, do not,
40
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under the terms of this Resolution or any underlying
arrangement, directly or indirectly, secure or provide for
the payment of more than 10 percent of the iebt service on
the Bonds, in contravention of section 141;"0(2) of the
code,
i
I (b) to take any action to assure that in the event
I v it the 1Iprivate business use" described in subsection
(a) hereof exceeds 5 percent of the proceeds of the Bonds
i (less amounts deposited into a reserve fund, if any) then
the amount in excess of 5 percent is used for a "private
business use" which is "related" and not "disproportion-
ate", within the meaning of section 141(b)(3) of the code,
' to the governmental uses
` (c) to take any action to assure that no amount
which is greater than the lesser of $5,000,000, or 5
percent of the proceeds of the Bonds (less amounts depos-
e ' ited into a reserve fund, if any) is directly or indirect-
ly used to finance loans to persona, other than state or
local governmental unite, in contravention of section
141(c) of the Code1
(d) to refrain from taking any action which would
otherwise result in the Bonds being treated as "private
activity bonds" within the meaning of section 141(b) of
the Code)
(e) to refrain from taking any action that would
result in the Bonds being "federally guaranteed" within
the meaning of section 149(b) of the Codef
(f) to refrain from using any portion of the pro-
coeds of the Bonds, directly or indirectly, to acquire or
to replace funds which we;:e used, directly or indirectly,
to acquire investment property (as defined in section
148(b)(2) of the Code) which produces a materially higher
yield over the term of the Bonds, other than investment
property acquired with
(1) proceeds of the Bonds invested for a
reasonable temporary period of 3 years or less until
such proceeds are needed for the purpose for which
the Bonds are issued,
i (2) amounts invested in a bona fide debt
service fund, within the meaning of section
1.103-13(b)(12) of the Treasury Regulations, and
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(3) amounts deposited in any reasonably re-
quired reserve or replacement fund to the extent such
amounts do not exceed 30 percent of the proceeds of
{ the Bondst
(g) to otherwise restrict the use of the proceeds of
j the Bonds or amounts treated as proceeds of the Bonds, as
may be necessary, so that the Bonds do not otherwise
contravene the requirements of section 148 of the Code
(relating to arbitrage) and, to the extent applicable,
! section 149(d) of the Code (relating to advance
! refundings)t
j (h) to pay to the United States of America at least
once during each five-year period (beginning on the date
j of delivery of the Bonds) an amount that is at least equal
to 90 percent of the "Excess Earnings", within the meaning
of section 148(f) of the Code and to pay to the United
States of America, not later that 60 days after the bonds
have been paid in full, 100 percent of the amount then
required to be paid as a result of Excess Earnings under
section 148(fl of the Codet and
(i) to maintain such records as will enable the
issuer to fulfill its responsibilities under this section
and section 148 of the Code and to retain such records for
at least six years following the final payment of princi-
pal and interest on the Bonds.
It is the understanding of the Issuer that the covenants
contained herein are intended to assure compliance with the
code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto. in the event that
regulations or rulings are hereafter promulgated which modify,
j or expand provisions of the code, as applicable to the Bonds,
the issuer will not be required to comply with any covenant
1 contained herein to the extent that such modification or
expansion, in the opinion of nationally-recognized bond coun-
sol will not adversely
~ affect the exemption
income taxation of interest on the Bonds der section d1031of
the Code. In the event that regulations or rulings are hereaf-
ter promulgated which impose additional requirements which are
applicable to the Bonds, the Issuer agrees to comply with the
additional requirements to the extent necessary, in the opinion
of nationally-recognized bond counsel, to preserve the exemp-
tion from federal income taxation of interest on the Bonds
under section 103 of the Codes
Section 31. DESIGNATION AS QUALIFIED TAX-EXEMPT BONDS.
The Issuer hereby designates the Bonds as "qualified tax-exempt
e
42
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bonds" as defined in section 265(b)(3) of the Internal Revenue
Code of 1986 (the "Code"). In furtherance of such designation,
the Issuer represents, covenants, and warrants the following: are isued
year in which the
(a) that during the calendar
en ities)B hass not de ig-
the Issuer (including any aggregated with the
nated nor will designate bonds, which when aggreg liEied
Bcr,.s will result in more than $10,000,000 of "qua
a tax-exempt bonds" being issued; (b) that the Issuer reasonably
anticipates that the amount of tax-exempt obligations issued k
which the willarnotsuexce by the it
during the calendar ear In
Issuer 0(or 0 -any ny that the Issuer will take such action or
r$ef10,rai000n ,000; from such and, (c) action as necessary, and as more particularly
set forth In Section 0, eactivity bonds"twithine then meaning
not be considered red "private
of section 141 of the Code.
r Section 32. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS;
BOND COUNSEL'S OPINION, CUSIP NUMBERS, AND INSURANCE. The
Mayor of the Issuer is hereby authorized to have control of the
initial Bond issued hereunder and all necessary records and
proceedings pertaining to the initial Bond pending its delivery
and its investigation, examination, and approval by the Attor-
ney General of the State of Texas, and its registration by the
Comptroller of Public Accounts of the State of Texas. Upon
registration of the Indesign ted iniwriti g tolactoforusaid
Accounts (or a deputy 9
Comptroller) shall manually sign the Comptrollers Registration
Certificate on the Initial Bond, and the seal of said Comptrol-
Issuer's on the Bond Counsel
shall be impressed, e legaor placed l opinion i of the facsimile,
Bon el
ler
Bond. at the option of the
and the assigned CUSIP numbers may,
Issuer, be printed on the Initial Bond or on any Bonds issued
and delivered in conversion of and exchange or replacement of
any Bond, but neither shall have any legal effect, and shall be on of solely for the convenience th dpurchaseriof thetInitialsBondd
owners of the Bonds.
exercises Its option to obtain insurance on the Sonde, as
permitted in the Notice of Sale and Bidding Instructions and
Official Statement hereinafter described, the initial Bond and
Bonds all other y athe r an appropriate legend concerning
insurance provided b
Section 33. SALE OF INITIAL BOND. The Initial Bond is
hereby sold and shall be delivered to
, for cash for the par value thereof and
accrued nterest thereon to date of delivery, plus a premium of
it is hereby officially found, determined, and
l Initial Bond has boon sold a after public the biador offering the lowest interest cos receiving
43
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o Sale and Bidding
Official Noticed July 19, 19881
ursuant to an of the
h the sale In-
sealed bids p and official statement wit iddin
instructions distributed in connection and B iement,
prepared and Official Notic andfanyladdenda, supp
bond. Said statement, approved
struc by the
Initial and Official and are hereby the Bonds is
thereto have been detemined,
` or amendment their use in the offer and sale of found, contained
f Issuer, It is further officially
ffff . representations are true
hereby approved statements and Stament
` and declared that the of Sale and Oftaethe best knowledge and
f in said Officinal tmaterial rsspects,
and correct In City a Council. the Issuer,
belies of the The Mayor of other
I FURTHER PROCEDURBS• and all
i section 34. Secretary of the issuer, and each of
secretary and agents of the Issuer, authorited,
the city S`,pl,Y,es, expressly time to do
officers, they are hereby and at any acknowl-and them, shall ndedirected from time to tand to execute,
I " empowerede an such acts and thing orate seal and
f lorzy under the corwhether or not
and per the name and
instruments order to
edge, and deliver in or desirable in
of the issuer ail such , the
ordinance,
on behalf as may be necessary is Bond Sale and
s and provisions of thnotice of
carrYn mentionet the Bonds, Finance the and the the City
the sale of of Of
bonds and the Director the Bonds to be paid
Official Statement] Of issuance of In Case any
a tha expenses the initial Bond. d shall cease to
s of n c ~ .a
shall auroc eeds of sale ear on a y Bo uch sigr
from the p nature shall app c! such Bond, s sir os-
officer whose r delivery until
be such officer before the valid and sufficient for all pp
ained in office
uch be
tore shall nevertheless
same as if such be ficer had rem
as the s _
such delivery.
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DATF: C8/02/88
CITY COUNCIL REPORT FORKAT
TO: Mayor and Members of the City Council
j FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS
PROHIBITING THE ERECTION, CONSTRUCTION, OR PLACEMENT OF, ALL
OFF-PREMISE PORTABLE SIGNS, MORE THAN ONE ON-PREMISE PORTABLE SIGN
ON ANY ONE PREMISE, ALL GROUND SIGNS OVER 150 SQUARE FEET IN SIZE
OR OVER 30 FEET IN HEIGHT, AND ALL GROUND SIGNS WITHIN $00 FEET OF
ANOTHER RROUND SIGN CN THE SAME PREMISE; PROVIDING FOR A PENALTY IN
THE MAXIM:41 AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING
FOR THIS ORDINANCE TO BE IN EFFECT UNTIL AND INCLUDING DECEMBER 6,
i 1986; AND PA VIDING FOR AN EFFECTIVE DATE.
RECOMhIENDATION:
The Planning and Zoning Coonission recommended approval,
SUMMARY:
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The recommendations are intendea to reduce the proliferation of signs
in the City, in order to enhance the overall appearance of the City.
A study session was conducted by the Commission on July 13, 1988 with
representatives of the Task Force and the sign industry.
BACKGROUND:
The Task Force was appointed in 1987 u review and make recommenda-
4 tions on ways to beautify the City. Siya Ordinance amendments were
proposed as one mechanism to improve the aesthetics of the City.
3
i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens, Sign Companies, Building Inspection, Code Enforcement, and
Planning Department.
FISCAL IMPACT:
Undetermined at this time. City would not receive fees for ground
signs over 150 square feet in size or over 30 feet in height or for
j } ground signs within 500 feet of another round sign on the same
E premise. A minimal fee of $30, $50, or 115 is currently required;
therefore, the moratorium should not have a significant impact on
revenues.
I Re tf 1 su ted:
Prepared by: Lf d arre
City Manager
ec a arson
Urban Planner
APP
Executive Director for
Planning and Development
a
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
MORATORIUM ON CERTAIN SIGNS BY PROHIBITING THE ERECTION,
CONSTRUCTION, OR PLACEMENT OF9 ALI. OFF-PREMISE PORTABLE SIGNS,
MORE THAN ONE ON-PREMISE PORTABLE SIGN ON ANY ONE PREMISE, ALL
GROUND SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN
HEIGHT, AND ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER GROUND
SIGN ON THE SAME PREMISE; PROVIDING FOR A PENALTY IN THE MAXIMUM
j AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR THIS
ORDINANCE TO BE IN EFFECT UNTIL AND INCLUDING DECEMBER 6, 1988;
{ AND PROVIDING FOR AN EFFECTIVE DATE.
{j WHEREAS, on January 6, 1987, the City Council appointed a
Blue Ribbon Beautification Task Force for the purpose of
I `
studying, developing, and recommending actions to be taken to
enhance the overall appearance of the City; and
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WHEREAS, the Task Force has made certain recommendations
concErning the amendment of the City's sign regulations, among
which are the following: -
a 1. That all off-premise portable signs be prohibited.
2. That the number of permitted on-premise portable signs be
reduced from three to one.
3. That the permitted maximum size of ground signs be reduced
i from 400 to 150 square feet.
i 4. That the permitted maximum height of ground signs be
reduced from 40 to 30 feet.
S. That the required separation between ground signs on any
one premise be increased from 100 to 500 feet; and
WHEREAS, the Task Force has recommended that a moratorium be
enacted prohibiting any sign that would be in violation of the
above recommendations until the City Council determines whether
~ha proposed changes should be adopted; and
WHEREAS, the City Council, after considering the Task Force's
recommendations, has determined that it would be in the best
interest of the City to prevent the proliferation of those signs
that would be in violation of the Task Force's recommendations,
pending a reasonable time for the City Council to study, review,
and determine whether the Task Force's recommendations should be
enacted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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1 SECTION I. That notwithstanding the provisions of article
17 o_F_Tppe_n_J x B-Zoning of the Code of ordinances, no permit
shall be issued for any ground sign to be located within a non-
residential zoning district, which has an effective area greater
than 150 square feet, a height greater than 30 feet, or which is
to be located within less than 500 feet of another ground sign
€ on the same premise, except as follows:
A. The provisions of this section shall not apply to
gground signs located along Interstate Highway 35N,
35W, and 35E, and U.S. Highways 377 and 380, for
which a permit is required from the Texas Department
of Highways and Public Transportation.
B. The provisions of this section prohibiting the issu-
rince of a permit for any ground sign over 30 feet in
height shall not apply to any medical emergency
ground sign for which a special exception is allowed
in accordance with section "I. Special Exceptions
Allowed" of article 17 of Appendix B-Zoning of the
Code of Ordinances.
SECTION II. That notwithstanding the provisions of article
17 o Appendix B-Zoning of the Code of Ordinances, it shall be-
unlawful for any person to intentionally or knowingly erect or
lace, or allow or cause any other person to intentionally or
knowingly erect or place, any off-premise portable sign on any
premise within the City of Denton.
SECTION 111. That notwithstanding the provisions of article
17 o Appendix -Zoning of the Code of Ordinances, it shall be
unlawful for any person to intentionally or knowingly erect or
place, or intentionally or knowingly cause any other person to
I erect or place, more than one on-premise portable sign of any
size permitted by article 17 of Appendix B-Zoning, on any one
premise within the City of Denton.
SECTION IVY That it shall be unlawful for any person owning
or contro ng any premise within the City of Denton to inten-
tionally or knowingly permit, allow, or cause any other person
to erect, construct, or place any sign on the premises owned or
controlled by that parson, that would be in violation of any
provision of this ordinance.
` SECTION V. That the words "off premise", "ground sign",
"portable sign", t
"premise", "non-residential zoning disrict",
and "effective area", or any other word as used in this ordi-
nance, shall have the meaning respectively prescribed to them,
if any, by article 17 of Appendix B-Zoning of the Code of
Ordinances.
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SECTION VI. That except as otherwise specifically provided
for n to s ordinance, any provision of article 17 of Appendix
B-Zoning of the Code of ordinances relating to the administration
and enforcement of sign regulations, shall apply to the signs
regulated by this ordinance, including but not limited to, the
measurement of the effective area and height of signs; the
removal of unlawful signs; and the identification and registra-
tion of portable signs.
SECTION VII. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
` i Thousand Dollars ($2,000). Each day that a provision of this
rl ordinance is violated shall constitute a separate and distinct
offense,
SECTION VIII. That the provisions of Sections I, V, and VI
of t s ordinance shall become effective immediately upon passage
of this ordinance and shall thereafter continue to be in force
and effect until and including the 6th day of December, 1988.
' SECTION IX. That all other Sections of this ordinance shall
become a ect ve fourteen (14) days from the date of passage of
this ordinance and shall thereafter continue to be in force and
effect until and including the 6th day of December, 1988.
{ SECTION X. That the City Secretary is hereby directed to
canae tRe caption of this ordinance to be published twice in the
Denton Record Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1988.
RAY O MAYOR
ATTEST.
JENNIFER WALTERS1 CITY SECRETARY
APPROVED AS TO LEGAL FORM.
(9 DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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{ BY.
Ilr z
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P&Z Minutes
July 27, 1988
B. Make a recommendation on an ordinance establishing a
moratorium on specific types of signs.
' Ms. Carson stated that the Commissioner's were provided
a copy of the moratorium ordinance. She said it covered
the size, height, and spacing of ground signs, and the
number of portable signs on-premise and off-premise.
Ms. Carson continued that in order to provide adequate
time for review of the ordinance by the Planning and
Zoning Commission and the City Council, the moratorium
would be effective through December 6, 1988 or approx-
imately four months.
Ms. Brock moved to recommend approval of the moratorium.
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Seconded by Mr. Holt and unanimously carried (7-0).
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SC 1
DATE: 07/29/68
CITY COUNCIL REPORT FORMAT
1
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Adoption of an ordinance amending Article III of Chapter 2 of the
Code of Ordinances of the City of Denton providing for competitive
sealed proposals.
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Recommendation:
Staff recommends passage of the ordinance.
SUMMARY:
' State law sets forth the procedures for competitive sealed bidding.
It also allows a municipality to use the competitive sealed proposal „ F
procedure for high technology procurements. The amendment of
Article III of Chapter 2 of the Code of Ordinances will allow the
City to utilize the competitive sealed proposal process.
Programs, Departments or Groups Affected:
Departments utilizing or procuring high technology equipment.
Fiscal Impact:
None.
E
Respec ly submitted:
oy Harrbll
City Manager
Prepared by:
A I 09M F, ran
04cutive Director of Finance
APPROVED:
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3639F
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DID OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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TO: Lloyd V. Harrell, City Manager
t FROM: Debra A. Drayovitch, City Attorney
SUBJECT: Recommendation Regarding Amendment to Chapter 1 of
the Code of Ordinances Regarding Procedures for
Competitive Sealed Proposals for High Technology
Procurements G
DATE,. February 8, 1988
j In 1985, the Legislature amended the statutes which address
bidding proceduraa for cities to allow for the taking of compet-
itive sealed proposals for high technology, procurements. A high
technology procurement is defined as the procurement of equipment
or services of a highly technical nature, including information
processing equipment, software and firmware used in conjunction
with information processing equipment, telecommunication equip-
ment, radio and microwave systems, electronic distributed control
systems (including building energy manageacnt systems) as well as
technical services related to such goods and equipment.
Attached is a copy of the statute. It is thought that with the
geodata base study that has been performed, your staff may want
to take advantage of the competitive sealed proposal method for
such a purchase. The attached ordinance incorporates the statu-
tory requirements and we would recommend its ado tion by the City
Council should you wish to submit it on the agendpa.
Should you have any questions relative to this matter, please
advise.
DEBRA A, DRAYOVITO
DAD:js
xc: John Marshall, Purchasing Agent
Attachments
26931
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9 232.021 LOCAL GOVERNMENT CODE PROPEAT
Title 1 CL 232
3 252.021, Competitive Bidding and Competitive Proposal Requh* a cone
two (2
Monts contras
(a) Before a municipality with 50,000 or more inhabitants may enter Into a days p
contract that requires an expenditure of more than $10,000 from one or more shall b,
municipal funds, the munlcipa';•y must comply with the procedure prescribed r~ +u
by this chapter for competitive scaled bidding or competitive Sealed propos• (nstitur
als. The municipality may use the competitive scaled proposal procedure cbrport
only for high technology procurements. govern;
(b) Before a municipality with fewer than 50,000 tnhi.bitants may enter accura,
into a contract that requires an expenditure of more than $5,000, the munici• notice I
pp,P#y must comply with the procedure prescribed by this chapter for competi• record I
tive sealed bidding. i of that
arbitra,
Acts 1987, 70th Leg., ch. 129, 1 1, eff. Sept. 1, 1987. reject a
public
Amoadamot by Acts 1967, 70th Log. cit. 70% 11 1 and Acts 1967, good m
70th Log., eh. 620,1 1 the fat
Section 1 of Acts 1987, 70th Leg., ch. 782 andI 1 of Acts 1987, 70th CoMpar j
Leg., ch. 8200, purport to amend ! 2(a) of Vsmon's Ann.CW.St art provish
2368a (now, tithe section !n parr] without rojoratce to the repeal of said thereto.
section Acts 1987, 70th Leg., ch. 149, § 49(1). As so amended requiri)
9 2(a) o~art 2368a readst lieu of
"Except in the case of exem ttd p►nc+aamtaw or developer panic. will be
P Sec work b,
lpadon contracts, as provided in Non 2c haw], no city with a the not
population of 50,000 or Mon :!tall malts a contract ttiqut an then;
expsnditurt or payment In amount ezcYedGtg $10 Ot7d( out o/ any fettirt~
or funds of any city creating or impasirhg an tion or Bahl ty of contain
any nature or character upon such city with ~t submitting such frtspecti
proposed Contract to competitive soWV Wiling or competitive sealed
proposals as provtdad in this section In the two of acompted
procurements, no city with a population than 50;000 shall intake
a contract requiring iture or payment in an amount exceeding SecNr
` $5,000 wi;kow Just fitting sash P Con to troo dmpedtiw rf vent ,
s in this eJ
sealed bidding or competitive oaW F p
section." 049(l).
"no
Arne uloooot by Acts 1967, 70th Lag., eh. 732„ 1 2 subsecti
Section 3 o Acb 1947, 70th , ch. 72 to amend f 2(b) Ouotatic
of Vsmon''s Ann.Ck t art 23 /now, t2 section in part] without notice ft
s 49(11. Astmeam rqmd d of 2sold section (b rt2368d r1987, 70th Idt, eJw 119, err Ing.
7be competitive sealed bidding procedure as provided herein shall t nCd of
be used k r the award of all contrarb sub*t to the provisions of this to shall
th
citym, t that in the case of 1 h ficAuk4oty p►»swtrm~ in relative
`r city may, /ow the competitive sea proposal p7oisdure
the regh
Subsection (c) of this section
"Whenever the eomodtive sealed bidding prooedure applles to a "eta
proposed contract, notke of the time andpleee when and when such opened
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COO) PROPERTY ACQUISITION OR SALE 252.021
ride a Ch. ]32
quire- a contract shall be let shall be published in such city once a week for
two (1) consecutive weeks prior to the time set for letting such
contract, the date of the first publication to be at least fourteen (1e)
into a days prior to the date set for letting said contract. and said contract
more shall be let to the lowest responsible bidder. In determining who is a
:ribed rupomible bidder, the ggoverning body may take into account the
sa/ely record of the bidder, or the firm, corporation, partnership, or
~euro institution represented by the bidder, or anyone acting for such firm, }
corporation, partnership, or institution, provided however, that the
governorg body has adopted a written definition and criteria for
enter accurately determining the safety record of a bidder and has given
unkl. t notice to prospective bidders, In the bid Veci ications, that the safety
roped. record of a bidder may be considered in determining the rup mibility
of that bidder and, provided further, that such determinations are not
1 arbitrary and capricious. Me governing body shall have the right to
reject any and all bids, and if the contract is for the constructum of f
public works, then the successful bidder shall be required to give a
good and sufficient bond in the full amount of the contract prka, for
the faithful performance of such contrac4 acecuted by some surety
th company authotiud to do business In this state in accordance with the
01. provis(om of Article 5160, Rev& d Statutes, and the amendments ,
Id thereto. However, the city in making any contract calling /v or
requirin the es nditt.re or payment of Im than $100,000 may, in
lieu of i e bond . equirement, provide in the contract that no mono
will be paid to the contractor until completion and acceptance of the
c- work by the city. if there is no newspapery~Wud in such city, than
a the notice of letting such contract shall be given by causing notice
t" thereof to be posted at toe city hall for 14 days prior to the time of
id letting such contract Trade secrets and conffdoulal information
of contained in the competitive sealed bids drill not be open for public
d Inspection."
,
3d Amendment by Acts IM, 70th Iwq., eL. Uk i i
it Section 1 of Acts 1987, 70th Leg., ch. 810, pr , brts to amend § 1(e)
u of Verrnon'i nn.CYv.St. art 1l68a in", this section in part] without
vt ref ereme to the repeal of said section by Acts 1981, 70th Leg., ch. 119,
3 490A As so amended, 11(c) of err 135M ready
un at provided (In this
ctdpro
'The competitive sealed
subsection may be used by cd or high technology procurements.
Quotations shall be solicited throggh a requ/st Jor propasalt Pwblic '
notice for the t for proposals shall be tirade n the same manna
as tnnh (b) of thit $WdOn for compstt M stolid
b iidd ng. The request for proposals shall specify the rvladve impor-
t!l tance of price and other evaluatio140~ tron, andthe award q/ contract
,ls shall bs made to the responsibb or whoa proposal it determined
,w to be the most advantageous to tcity taking into consideration the
to relative importance oop and other eaaluadon factor set forth in
the request for pr
"Where provided in the raquast for proposals, proposalt shall be
--h opened so as to avoid disclanen of contents to com t o#wm and
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g 232.021 LOCAL GOVERNMENT COHDi CROP= RTY AtCQ1
Tie ,Sept secret during the process of negotiation. Provide however, all (g) a purchase
proposacols that have been submitted shall be open for public Inspection public library;
after ntract award. Trade secrets and confidential information
contained in the proposals shall not be open for public in.Wdon. (9) paving {n
"As provided In the request for proposals and undn regulations related matters, i
special assessrna
promulgated by the governing body, dsrcussions may be conducted t
with offerors who submit proposals determined to be reasonably menu; and
t
quali(ted for selection for award Offerors shall be accorded fair and (10) a public it
equal treatment with respect to any opportunity for discussion and ipality, for which
revision of pro posals, and such revisions may be permitted after accordance with
submissions and prior to award for the purpose of obtaining bat and
final offers." (b) This chapter
IM Revised Stator
V,T. C.A. Government Cody, § 311,031(c) provi'dc, in par; that the
repeal of a statute by a code does not affect en amendment of the Acts 1987, 70th Lea.,
statute by the same gidature which enacted the code and that the Vernon's Mn.eiv.St
a mendment it preserved and given effect as part of the code provbi" p
Cron Ash"am 232.023. Exes i►
High techrtoiou procurements, requirements of requests for
1K°p°sal' ses 252.012 The notice provi
4 232.022. General Examptionf provisions preserib
payable:
(a) This chapter does not apply to an expenditure for. (1) from curve
(1) a procasement made because of a public calamity that regwm the (2) from bond
Immediate appropriation of money to relieve the necessity of the municipal.
IWs residents or to preserve the property of that municipality; W by time wt
(2) a procurement necessary to preserve or protect the public health or the municipality
safety of the municipality's residents; (A) 17,500 d
1 (3) a procurement necessary because of unforeseen damage to public $10,000 i
machinery, equipment, or other property; (C) $25,000
a procurement for personal or professional services; (D) $100,000
(5) a procurement for work that is performed and paid for by the day as Aces 1987, 70th Leg.,
the work progresses; 232,024. Bak
(6) a purchase of land or a right4-way;
(7) a procurement of items that are available from only one source, This chapter des
lncludittg: Wurance broker
(A) Items that are available from only one smve because of patents, coverages for ease;
copyrights, secret processes, or natural monopolies; and adequate limits
requin
(6) films, manuscripts, or books; areas of risk
police professional
sional
(C) electricity, gas, water, and other utility services; only on a fee basic
(D) captive replacement puts or components for equipment; and other source,
(E) books, papers, and other library mxterli a for a public library that Acts 1987, 70th Leg.,
are available only from the persons holding ex-ltaive distribution rights
to the materials; (Seaio
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NO.
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 OF THE CODE OF
` ORDINANCES OF THE CITY OF DENTON BY ADDING TWO NEW SECTIONS 2-39
I AND SECTION 2-40 PR07IDING FOR PROCEDURES FOR COMPETITIVE SEALED
PROPOSALS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Article III of Chapter 2 of the Code of
Ordinances o F the City of Denton, Texas is hereby amended by
adding a new section, to be numbered Section 2-39 and Section
E~ 2-40, which shall read as follows:
9c. 2-39. Competitive Sealed Proposals. In the case
o: high technology procurements requiring an expenditure
exceeding $10,000, the City Manager may follow the com-
ppetitive sealed proposal procedure as authorized by and
in accordance with the requirement of Subchapter C of
Chapter 252 of the Local Government Code (Vernon's Ann.
Codes). For purposes of this section, "high technols3Y
procurement" means the procurement of equipment,, goods,
or services of a highly technical nature, includng but
not limited to: information processing equipment, soft-
ware and firmware used in conjunction with information
processing equipment, telecommunications equipment, radio
and microwave systems, electronic distributed control
systems (including building energy management systems) as
well as technical services related to such equipment and
goods.
Sec. 2-40. Procedure for Competitive Sealed Proposals.
Quotations for competitive sealed proposals shall be
solicited through a request for proposals. The request
for proposals shall specify the relative importance of
price and other evaluation factors and the sward of the
I contract shall be made to the responsible offeror whose
proposal is determined to be the most advantageous to
the City taking into consideration the relative impor-
j tanca of price and other evaluation factors set forth in
k the request for proposals.
The City Manager or his designee mey conduct discussions
with offerors who submit proposals s~:d who are determinud
to be reasonablyy qualified for the award of the contract.
Offerors shell be treated in accordance with the require-
ments of Chapter 252, as amended.
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SECTION II. All ordinances or parts of ordinances in force
when ttYe provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions
containedin this ordinance are hereby repealed to the extent of
t any such conflict.
I SECTION M. That this urdinance shall become effective
s imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
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P Er , MAYOR
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ATTEST:
JENNIFER , CITY SPRETARY
t APPROVED AS TO LEGAL FORM:
` DEBRA ADAMI DRAYOVITCii, CITY ATTORNEY
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OFFICE OF THE CITY ATTORNEY
I MEMORAbiDUM
TO: Ernie Tullos, Director of Electric (`^J,
FROM: Debra A. Drayovitch, City Attorney \C
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! SUBJECT: "One Source" Ruling
DATE: February 16, 1987
In your request received January 17, 1987, you request an inter-
pretation of the "one source" ruling as it applies to the City
regarding the purchase of an 800 Mhz trucking radio system. You
advise that this system "is computer based, utilizing software
and electronic equipment under patent and copyrights held by
Motorola."
I' The law which controls the City's bidding ,procedu es is art.
:i28a, Vernon's (Supp. 1987). This law provides th;at the City
must mid procurements exceeding $10,000 unless the procurement
is exempt by statute. The only exception which would be spplic-
able to the facts you have described is found in sec. 1, which
provides that procurements where the functional requiremnts of
the City can only be satisfied by one source are exempt. The law
!J provides that-this provision shall apply to procurements where
competition is precluded because of the existence of patents,
copyrights, secret processes or natural monopolies; purchase of
films, manuscripts or books; purchases of electric power, gas,
water and other utility services; and the purchase of captive
replacement parts or components for equipment.
The law further provides that a City must bid contracts or
purchases of $10,000 or more, except for exempt procurements, or
where the City can utilize the competitive sealed proposal method
for "high technology procurements.' This phrase is defined as .
the procurements of equipment, goods, or services of a
highly technical nature, including but not limited to.
information Processing equipment, telecommunications
equipment, radio and microwave systems, electronic dis-
tributed control systems nc u ng u lding energy man-
agement systems) as well as technical services related
to such equipment and goods.
With this specific statutory language, it appears obvious that
the purchase of the system you have described either must be bid
or the "competitive sealed proposal" method must be followed.
Specific statutory guidelines for the latter are as follows:
4
MEN
Ernie Tullos
February 16, 1987
j Page Two
Quotations shall be solicited through a request for pro-
posals. hall be made Public in notice esamfor
a s
t section (b)
e mannereaseprovir p o osals
of this section for
3 bidding. The request for proposals cshallispecify athe
tors,iandimp ertawardoofprice
tors,
contract shall be evaluation oto fac-
responsible offeror whose proposal is determined to be
the most advantageous to the city taking into considers-
ation faectroerlsatsievtefImportance of
equesteford proother posals.
Where provided in the request for proposals, proposals
k shall be opened so as to avoid disclosure of conten
competing offerors and kept secret during the procets ss oto
f
negotiation. Provided, however, all proposals that have
been submitted shall be open for
contract award. Trade secrets anduconfidentialiInforma-
tion contained in the proposals shall not be open for
public inspection.
As provided in the request for
opaapromulgated by the proposals and under
governing body, dis-
cussions be conducted with offerors who submit
proposals determined to be reasonably qualified for
selection for award. Offerors shall be accorded fair
and equal treatment with respect to any orunit for
discussion and revision of proposals, andosuchtrevisions
may be permitted after submissions and prior to award
for the purpose of obtaining best and final offers.
You also have requested a letter of agreement between the City
and potential system users. Before we can prepare such an
agreement, we nerd to know the scope of services to be provided'
by the City, who the system users will be, the term of the agree-
ment, the requirements the users must meet, and other such data.
If you would like to meet to discuss this, please give me a call.
EBR
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DAD:/s
xc: loyd V. Harrell, City Manager
~Ylohn Marshall, Purchasing Agent
20021
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* - CITY of DENMNr TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620f /TELEPHONE (817) 568.8307
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} Office of the City Manager
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` TOi Lloyd V. Harrell, City Manager
FRCM: Rick Svehla, Deputy City Manager I
M
DATE: July 28, 1988
SUBJECTr ADDITICt'JAL INF("4461 IU4 ON THE ALARM CROR4NAM
j ~
Attached are some additional figures from Police and Fire about j
alarm systems in other rrletro areas. We have also visited with
the Attorney's office and have made the changes to the
ordinance that would allow for one fee for a joint alarm
system. You might note that the ordinance calls for people
with joint systen•s to sign up at the Fire Department. We have
also been advised by the Attorney's office that the ordinance
will allow for renewal by melt for subsequent years.
k ~Y If you or the Council have further questions I will be happy to
try to answer them at the meeting.
4e '
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Rick Svehle
Deputy City Manager j
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` RSinm/4163M
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Attachment
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*y...'sfr."e
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Denton Police Department
221 N. ELM
DENTON, TEXAS 76201
To: Rick Svehla, Deputy City Manager
From: Michael W. Jez, Chief of Police j
Date: 29 July 1988
iRA~ {
Subject: Alarm Ordinance t
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4 As per your instructions, I have checked with a number of municipalities
concerning alarm ordinances. The following is a list of cities that have
such ordinances:
Missouri City
Beaumont
? Bellaire
Houston
College Station
Fort Worth
t' k
Alvin *
} Although there exists some variance in the manner in which the cities
calculate fees for both excessive alarms and permit issuance, they are
all somewhat similar. Additionally. I am certain that this list is not
all inclusive and feel that THL could probably provide a list of munici-
palities with such ordinance if time were available, Finally, I am of the `
opinion that the proposed Denton ordinance is reasonable and in some cases,
lenient.
o
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ich 1 W. "J€i
Chief of P Ii e
r {a' cc: Jennifer Walters, City Manager's Office
* Alvin recently repealed their ordinance even though during its existence
the number of false alarms decreased by roughly 47%.
(87 7) 568-8181 M ETP0 434.2520
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MEMO 88-056
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TO: Mr. R. Svehla, Deputy City Manager
FROM: J. L. Cook, Jr., Fire Chief
DATE: 29 July, 1988
RE: ADDITIONAL CITIES WITH AN ALARM ORDINANCE
Fire Marshal Hagemann and I have been attempting to locate cities j
in Texas, but outside the metroplex, with an alarm ordinance. We
have determined that the following cities do have an ordinan^.e:
Beaumont
Bellaire
College Stations
Houston*
Fort Worths
Missouri City f
Bryan$ F
*Police only i
In addition, a number of other cities were considering enacting j
an alarm ordinance. Unfortunately,
,R obtain information, as most fire officials were e out. b My details
are very sketchy. I am due to receive copies of Bellaire's and
Beaumont's ordinances.
Of the details I did find out, two ordinances are very simile: to
ours. Both Fort Worth and Missouri City grant three free invalid E
alarms annually. Most provide for a modest permit fee and have
provisions for a fine, usually a Class C misdemeanor, for false
i alarms.
I
I am sorry not to have better information, but this is all I
could find at the present time. I will, however, continue to
pursue the matter. I will try to provide more information for Tuesday's meeting.
.
JLC/eo
xo: Mr. R. Hagemann, Fire Marshal
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l ORDINANCE NO.
{ AN ORDINANCE AAENDINC THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS BY ADDING CHAPTER 3-1/2 TO INCLUDE SECTIONS 1
THROUGH 15 OF ARTICLE I OF CHAPTER 3-1/2 "ALARM SYSTEMS" ESTAB-
LISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS
WITHIN THE CITY; PROVIDING DEFINITIONS; REQUIRING A PERMIT FOR
USERS OF ALARM SYSTEMS; PROVIDING FOR ISSUANCE OF PERMITS;
PROVIDING FOR SERVICE CHARGES FOR FALSE ALARMS; PROVIDING FOR
DENIAL AND SUSPENSION OF PERMITS; REGULATING ALARM REPORTING AND
OPERATION; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A
MAXIMUM PENALTY NOT TO EXCEED $500.00; AND PROVIDING FOR AN
1 EFFECTIVE DATE.
! 1
WHEREAS, the Fire and Police Chiefs of the City of Denton have
determined the necessity of establishing regulations for the use
and operation of alarm systems within the City and, together with
I the City Manager, have recommended the establishment of such regu-
lations, which recommendations the City Council hereby approves
and adopts; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION 1. That the Code of Ordinances of the City of Denton,
Texas s ere y amended by adding a new Chapter 3-1/2 , to be
entitled "Alarm Systems", which establishes regulations for the
use and operation of alarm systems within the City, which said
Chapter shall read as follows:
ARTICLE I. DEFINITIONS
Sec. 3 1/2-1. Definitions.
(a) ALARM SYSTEM means a device or system that transmits or
relays a signal intended to summon emergency services of the City,
as illustrated by, but not limited to local alarms. Alarm system
does not include:
A (1) An alarm installed on a vehicle unless installed
at a permanent site;
(2) An alarm designed to alert only the inhabitants
of a premises; nor
j (3) An alarm installed upon premises occupied by the
city.
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(b) ALARM SITE means a premises or location served by an
alarm system.
(c) BURGLAR ALARM NOTIFICATION is a notification intended to
{ summon the police, which is initiated or triggered manually or by
an alarm system designed to respond to a stimulus characteristic
of unauthorized intrusion.
! (d) ;:RECTOR means the Chief of Police, the Chief of Fire
Department or their authorized representatives.
(e) EMERGENCY ;MEDICAL ASSISTANCE ALARM NOTIFICATION means a
notification intended to summon emergency medical assistance from
the City.
(f) FALSE BURGLAR ALARM NOTIFICATION means a burglar alarm
f notification to the police, when the respo%ding officer finds no `
evidence of unauthorized intrusion or attempted unauthorized
intrusion.
E (g) FALSE EMERGENCY MEDICAL ASSISTANCE ALARM NOTIFICATION
means an emergency medical assistance alarm notification to the
Fire Department, when the responding Fire Department personnel
finds no evidence of need for emergency medical assistance.
(h) FALSE FIRE ALARM NOTIFICATION means a fire alarm notifi-
cation to the Fire Department, when the responding fire depart-
ment personnel find no evidence of a fire having occurred or of a
need for Fire Department services.
(i) FALSE ROBBERY ALARM NOTIFICATION means a robbery alarm
notification to the police, when the responding police officer
finds no evidence of a robbery.
(j) FIRE ALARM NOTIFICATION means a notification to the Fire
' Department intended to summon firefighting forces, which is
initiated or triggered manually an alarm system designed to
react to any of the visual or physical characteristics of a fire.
(k) LOCAL ALARM means an alarm system that emits a signal at
an alarm site that is audible or visible from the exterior of a
structure and has as its purpose the summoning of aid from a City
department.
(1) PERSON means an individual, corporation, partnership,
association, organization, or similar entity.
(m) ROBBERY ALARM NOTIFICATION is a notification intended to
summon the police when a robbery occurs by means of an alarm
system designed to he purposely activated by a human.
PAGE 2
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ARTICLE II. PERMITS
Sec. 3 1/2-2. Permit Required.
A person connits an offense if he operates or causes to be
operated, an alarm system without an alarm permit issued by the
director. A separate permit is required for each type of alarm
' notification capable of being emitted from each alarm site other
than a robbery alarm notification.
Sec. 3 1/2-3. Application.
(a) A person shall make application for a permit for burglar
and robbery alarms at the Centon Police Department, A person
shall make application for a permit for fire and/or emergency f
medical assistance alarms at the office of the Fire Marshal, f
f Denton Fire Department.
t (b) Should an alarm system emit r,ore than one type of alarm
l notification, a person shall make application for all permits at
the Office of t6ie Fire Marshal, Denton Fire Department,
Sec. 3 1/2-4. Form of Application.
(a) If the applicant is an individual, the application shall
be subscribed and sworn to by such person. If the applicant is
an individual and does not reside, operate any business or is not
employed within the State, or in the event the applicant is a
firm or partnership and no owner or general partner resides,
operates a business or is employed within the State, then the
application must also be subscribed and sworn to by the indivi-
dual having the authority and responsibility for the management
and operations of the alarm business within the State. If the
applicant is a corporation, the application shall be subscribed
and sworn to by or at least one principal corporate officer. If
the application is a corporation and none of its principal corpo-
rate officers are responsible for the management and operations
of the alarm business within tae State, the application shall
also be subscribed and sworn to by the individual having the
authority and responsibility for the management and operations of
the alarm business within the State.
(b) If the applicant is a corporation, the application shall
specify the state and place of its incorporation, the location of
the applicant's principal place of business, a list of the
principal corporate officers and the business address, resiaence
address and the office or position held by each principal
corporate officer.
(c) If the applicant is a partnership, the application sna11
specify the location of the applicant's principal place of
PAGE: 3
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ousiness and the names, business addresses and residence addresses
of each partner.
(d) The application shall include the following information
for each individual required to subscribe and swear to it:
(1) The individual's full name, business address, and
residence address;
(2) The individual's residence and business telephone
number; and
(3) The individual's date and place of birth.
(4) The individuals responsible for the proper main -
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tenance and operation of the alarm system.
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(e) The application shall state the address site for the
location of the alarm system and whether it is a single family
residence, multi-family residence, or commercial business site.
Sec. 3 112-5. Permit Issuance or Denial.
Upon receipt of a completed application form, the director
shall issue an alarm permit to an applicant unless the applicant:
(a) has failed to pay a service charge fee assessed under
Section 3 1/2-9;
' (b) has (Ind an alarm permit for the alarm site revoked and
the violation causing the revocation has not been corrected;
(c) has made a false statement of a material matter;
(d) com,nitted any act, which, if committed by a licensee,
would be grounds for the revocation of a license under Section 3
f 1/2-16; or
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(e) while unlicensed, knowingly and willfully committed, or
` aided and abetted in commission of, any act for which a license
is required by this ordinance.
Sec. 3 1/2-6. Transfer.
An alarm permit cannot be transferred to anottier person. How-
ever, the individual designated to relay an alara may be changed.
A permit holder shall inform the director of any changes that
alters information listed on the permit application end n.+ fee
shall be assessed for such changes.
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Sec. 3 112-7. Other Types of Alarms.
(a) A person shall not install or maintain an alarm system
except for the purpose of eliciting responses to burglaries,
robberies, fires, or requests for e,,,ergency medical assistance,
unless specifically authorized by the director.
I (b) If innovations in alarm systems or other types of alarm
devices adversely affect emergency services of the City, t,ie
directors may promulgate rules and regulations in order to
1 protect the City's emergency services.
t Sec. 3 1/2-8. Fee for Permit; Duration; Renewal.
{
I (a) A non-refundable fee of Twenty ($20.00) Dollars per year
is required for each permit and must be paid before a permit is
issued. If a person is required by Sec. 3 112-2 to apply for more
than one permit for one alarm site, the total fee for all permits
issued for said site shall be Twenty Dollars ($20.00) per year.
I (b) A permit is issuea for one year and must be renewed every
year thereafter by payment of the permit fee. It is the respon-
sibility of the permit holder to pay the renewal fee prior to the
expiration date.
Sec. 3 1/2-4. Service Charge for False Alarms.
(a) The holder of a permit shall pay a fee of Fifty ($50.00)
Dollars for each false burglar alarm notification emitted from an
alarm site that is in excess of three (3) false burglar alar,a
notifications within a twelve (12) month period,
(b) The holder of a permit shall pay a fee of Seventy-five
($75.00) Dollars for each false fire alarm notification that is
emitted from an alarm site that is in excess of tiiree (3) false
fire alarm notifications within a twelve (12) month period.
(c) The director shall assess the permit holder of a robbery
alarm a fee of Seventy-five ($75.00) Dollars fot the first false
robbery alarm notification, One Hundred ($100.00) Dollars for the
second false robbery alarm notification and Two Hunored ($200.00)
fromathe falarmh sites within stwel ebe(12)amonths notification
first emitted false
robbery alarm aotificat{.on.
(d) For purposes of this section, the twelve (12) month period
shall begin on the date the permit is issued to the permit tiolder
and thereafter on subsequent renewal dates. In the event a per;¢it
is revoked under Section 3 1/2-16, the twelve month period shall
begin when the revocation is withdrawn.
PAGE 5
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(e) Tne director shall assess the permit holder of an emer-
gency medical assistance alarm a fee of Fifty (,$50.00) Dollars
for each false emergency medical assistance alarra notification
emitted from the alarm site.
(f) A permit colder shall pay a fee assessed under Lois
section .vttnin t'nirty (30) days after receipt of notice that it
has been assessed.
(g) Tne permit molder will be exempt from any fee charged for
1 a false alarm notification which is later shown by the permit
holder to either have been justified or which was due to a
natural or manmade catastrophe or other situation specifically
exempted by the director. In addition, no fee shall be charged
under this section for thirty (30) days after the date of
installation of an alarm system. `
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ARTICLE III. ALARM SYSTEM OPERATION
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Sec.. 3 112-10. Reporting of Alarm Signals.
(a) A permit holder shall not report alarm signals through a
relaying intermeuiary that does not neet the requirements of this
i chapter and any rules and regulations promulgated by tie director
or is not licensed by the Texas Board of Private Investigators
and Private Security Agencies.
(b) A permit holder shall not report alarm signals through a
i designated emergency 911 telephone line.
Sec. 3 112-11. Proper Alarm System Operation and Maintenance.
(a) A permit holder shall:
(1) cause an adjustment to be made to the sensory
mechanism of his alarm system in order to
suppress false indications;
(2) maintain premises containing an alarm system in
a manner that insures proper operation of the
alarm system; and
.d ,
(3) display in a prominent exterior location an
identification notice provided by the director.
' (b) A permit holder ahall:
(1) adjust the mechanism so that an alarm signal wi.11
sound for no longer than 30 minutes after being
activated; or
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(2) provide personnel within 30 ninvtes after being
notified by the City, to reset the alarm system
` I! and provide access to the premises.
f1 Sec. 3 1/2-12. Manual Reset Required.
A person in control of a local alarm or an alarm system that
causes an alarn notification to be sent directly to the City
shall adjust or cause the adjustment of the mechanism so that
upon activation the system will transmit only one alarm signal
and will not transmit another alarm signal without first being
manually reset.
Sec. 3 1/2-13. Inspection,
Upon reasonable notification, the Police Chief or Fire Chief
or their designated representatives nay inspect an alarm site and
` alarm system of a permit holder.
Sec. 3 1/2-14. Indirect Alarm Reporting.
A person who is engaged in the business of relaying alarm
notifications to the city shall:
(1) send notification of an alarm to the City by a human
operator;
(2) keep his business premises locked and secured at all
tines;
(3) allow an inspection of his business premises by
authorized representatives of the the Police and/or
Fire Department at any time;
f (4) report alarms only over a special telephone number
or numbers designated by the director; and
(5) send alarm notifications to the City in a manner and
form determined by the director.
Sec. 3 1/2-15. Direct Alarm Reporting.
A permit holder whose alarm system transmits automatic alarw
notifications directly to the City over the normal telephone
system shall:
(1) transmit in the form and content specified by the
J director;
(2) transmit over special telephone lines designed for
such use;
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(3) design his system so that it will notify the permit
holder, , his designated agent identified on the
permit application, when an alarm is transmitted to
the City;
(4) furnish the director upon request with satisfactory
copies of the alarm operation procedures, maintenance
procedures, and up-to-date circuit diagram of the
components of the alarm system; and
(5) furnish the name, address, and telephone number of
an alarm company licensed by the Texas Board of
Private investigators and Private Security Agencies, I
responsible on a 24 hour, seven-day -a-week basis for
correcting any malfunction that may occur.
ARTICLE IV. REVOCATION OR DENIAL
Sec. 3 1/2-16. Revocation of Permit.
(a) The director may revoke a permit or refuse to renew an
alarm system permit for any violation of this ordinance.
(b) The director may revoke a permit for failure to pay a
service charge fee its required by Sec. 3 112-9,
(c) The director may revoke a permit or refuse to renew an
alarm permit if an alum system generates an excessive number of
false alarm notifications in a twelve (12) month period. In each
respective category, an excessive number shall be:
(1) five false burglar alarms;
(2) three false robbery alarms;
(3) three false emergency medical assistance alarms;
and
(4) five false fire alarms.
(d) A revocation may be withdrawn and a permit reinstated or
a permit may be renewed upon a sufficient shotring that the condi-
tions which caused the action have been corrected and if the
director determines that the alarm system is likely to be main-
tained and operated in a responsible manner and in accordance
with the provisions of this ordinance.
Sec. 3 1/2-17. W,4-,thorized Operation.
A person commits an offense if he operates an alarm systeia
during a period of revocation or after the director refuses to
renew his permit.
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Sec. 3 1/2-18. Appeal from Denial or Revocation of a Permit.
(a) If the director refuses to issue or renew a pec,it, or
f revokes a p(.rmit, he shall send to the the applicant or permit
holder by certified mail, return receipt requested, written
notice of his action and a statement of the right to an appeal,
to the address listed on the permit. The applicant or permit
' holder may appeal the decision of the director to the City
E Manager by filing with the City Manager a written request for a
hearing, setting forth the reasons for tra appeal, within ten
(10) days after receipt of the notice from the director.
filing of a request for an appeal hearing with the City ManagThe
er
stays an action of the director in revoking a permit until the
city Manager or his designated representative makes a final
decision. If a request for an appeal hearing is not made within
the ten (10) day period, the action of the director is final. I
(b) The City Manager or his representative shall serve as the
hearing officer at an appeal hearing and consider evidence
offered by any interested person. The formal rules of evidence do
not apply at an appeal hearing and the hearing officer shall make
his decision on the basis of a preponderance of the evidence pre-
sented at the hearing. The hearing officer must render a decision
within thirty (30) days after the request for an appeal hearing
is filed. The hearing officer shall affirm, reverse, or modif)"
the action of the director, and his decision is final unless the
applicant or permit holder files a written request with the City
Council for a hearing within 10 days after receipt of notice of
the action of the hearing officer. A written request to the City
Council stays the action of the hearing officer in revoking a
permit until the City Council renders a final decision.
(c) If a request for an appeal hearing with the City Council
is filed within the 10 day period, the City Council shall near
and consider evidence offered by any interested person. The
formal rules of evidence do not apply to an appeal hearing before
the City Council. The City Council shall decide the appeal on
the basis of a preponderance of the evidence presented at the
hearing. The City Council shall affirm, reverse, or modify the
action of the hearing officer by a majority vote; failure to
reach a majority decision on a motion shall leave the hearing
officer's decision unchanged. The decision of the City Council
is final as to administrative remedies within the City.
ARTICLE V. VIOLATIONS
See. 3 1/2-18. Violation, Persons, Corporations, Partnerships
and Associations.
(a) A person commits an offense if tie violates by commission
or omission any provision of this ordinance that imposes upon him
a duty or responsibility.
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(b) In addition to prohibiting or requiring certain conduct
on individuals, it is the intent of this ordinance to hold a cor-
poration, partnership, or other association criminally responsible
for acts or omission performed by an agent acting in behalf of
i the corporation, partnership, or other association, and within
the scope of his employment.
Sec. 3 1/2-19. Penalty.
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding
Five Hundred Dollars ($500.00); and each day and every dray that
the provisions of this ordinance are violated shall constitute a
separate and distinct offense. This penalty is in addition to
and cumulative of, any other remedies as may be available at law
and equity. i
E SECTION II. That if any s-,ction, subsection, paragraph,
sentence, c ause, phrase or word in this ordinance, tion thereof to any person or circumstance is heldinvalidpbyiaoy
court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any sucii
invalidity.
SECTION Ill.
(a) That this ordinance shall become effective fourteen (14)
days frog the date of its passage, and the City Secretary is
hereby directed - cause the caption of this ordinance to he
published twice in the Denton Record -Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage,
(b) Any person who operates an alarm system on the effective
date of this ordinance must apply for a permit within the
following periods;
(1) Within sixty (60) days from the effective date
of this ordinance, all commercial businesses,
including financial institutions, shall have
obtained a permit for each type of alarm emitted
from the alarm site.
(2) Within ninety (90) days from the effective date
o
shall have f this ordinance, all multi-family dwellings
EEi alarm mittedbfromethe alarmisit . each type of
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(3) Within one hundred and twenty (120) days from
the effective date of this ordinance, all single
family and duplex dwellings shall have obtained
FW I a permit for each type of alarm emitted from the
alarm site.
E PASSED AND APPROVED this day of
1988.
i
RAY STEPHENS, MAYOR _
ATTEST:
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f { JAN EK WALTER , CIT SE BETA Y
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY.
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cony of D<NTON / 215 E. McKinney / Denton, Texas 76201
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MEMORANDUM
Date: July 21, 1988
tiff To: Lloyd Harrell, Cizv Manager/ ]S
V ~
From: Mark L. McDaniel, Court Administrator
Subject: ORDINANCE AUTHORIZING ASSESSMENT
OF ADMINISTRATIVE FEES
In 1987, the Texas State Legislature passed Senate Bill 515 authorizing courts
to collect a $10.00 administrative fee from persons requesting a driving safety
course in lieu of a fine. This non-refundable fee has been authorized to allow
courts to offset costs associated with processing these cases and maintaining
them in open status up to three (3) months.
We have been collecting tLis fee since the bill became effective on September 1,
1987.
In sum, the attached ordinance is recommended to empower the City to collect
said fee. Although the State has authorized the court to collect this fee,
our Legal Department determined that an ordinance is also necessary.
Please advise if you have questions. I have attached both Senate Bill 515 and
a proposed ordinance for your review.
rk Mc Da tel
Attachments Leff
xc: Jim Bunyard, Treasurer
Debra Drayovitch, City Attorney
John McGrane, Executive Director for Finance
Sandra White, Municipal Judge
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1947L
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j NO.
# AN ORDINANCE AMENDING CHAPTER 8, "COURT," OF THE DENTON CITY CODE
OF ORDINANCES, BY ADDING A NEW SECTION 8-9 ENTITLED "DISMISSAL OF
CASES DUE TO DEFENDANT'S ACTIONS-SPECIAL EXPENSES"; PROVIDING FOR
A MAXIMUM FEE THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter 8 of the City Code of Ordinances of
the t~Tnton is hereby amended by adding a new section, to
be numbered Sec. 8-9, which said section reads as follows:
Sec. 8-9. Dismissal of Cases due to Defendant's Actions-
Special Expenses. 1
The municipal court of the City of Denton is hereby
authorized and directed to assess as a special expense,
an amount not exceeding ten dollars ($10.00) in traffic
cases, wh=re state law requires dismissal of a traffic
citation due to some act of the defendant or on behalf of
the defendant, subsequent to the date of the alleged
offense. The fee collected under this section is limited
to those instances where dismissal is permitted upon
completion of a driving safety course approved by the
court.
SECTION 11. That this ordinance shall become effective
imme at_eTy upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY STEPHENS
f
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ATTEST:
1
JENNIPER 3
p CITY SOMM
APPROVED AS TO LEGAL FORM:
} DFRRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:-C.~----
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S.B. 515 - DRIVER'S LICENSES: DRIVING SAFETY
Effective 911187
SECTION 1, Section 143A, Uniform Act Regulating Traffic on Highways
6701d, Vernon's Texas Civil Statutes), is amended to read as follows: I
Sec. 143A. DISMISSAL OF, CERTAIN MISDEMEANOR CHARGES
UPON COMPLETING DRIVING SAFETY COURSE. (a) When a person is
charged with a misdemeanor offense under this Act, other than a violation of Section
51, committed while operating a motor vehicle, tbs defendaai Q2110 g,dyj of his,
E
right to successfully CUmrlete a dwing safety course and the court:
(1) in its discretion may defer proceedings and allow the person 90 da to
present evidence that, subsequent to the alleged act, the person has successfully
completed a driving safety course approved by the Texas Department of Public
Safety or other driving safety course approved by the coup; or
(2) shall defer proccedin s and allow the per n 90 days to pmAnt a
i~]GIlLapproved cer.K!icate o cow*se comele tan a written evidence that,
subsequent to the alleged act, the person has successfull completed a driving safety
course approved by the Texas Department of Public Safety or another driving safety
course apved by the court, if-
(A Kamm ~X U11 III PC= ente4
presents to a court an oral request
or a written a. to take a course;
(B) the person has a % alid Texas driver's license or permit;
(C) the person's driving record as maintained by the Texas Department of
Public Safety does not indicate successful completion of a driving safety course under
this subdivision within the two ye,•a immediately preceding the date of the alleged
offense;
(Dl tttettte t2erson files an a_f idav'A•rith the cou}t Mating haL. t Lhe person is not in
the p;ogess ofta4hng a coupe under this subdivision etl~ac_not completed a rou,~-
• e person's drlvigg record a_
nd
(E) the offense charged s fpr an offense covered by this s.~ctiorLplher tha
W.Aahouror more over n
the p so ted cpeed limit at the place where the
god offense occurred.
(b) When the person complies with the provisions of Subsection (a) of this
section and a certificate of course completion approved by the department is accepted
byy the court, the court shall dismiss the charge, but the court may only dismiss one
chajrg foe r completion of each course.
When a charge Is dismissed under this section, the charge may not be art of
the person's driving record or used for any purpose, but the court shall report the fact
that a person has successfully completed a driving safety course and t)o date of
completion to the Texas Department of Public Safety for inclusion in the person's
driving record. The court shall note in its report whether the course was taken under
the procedure provided by Subdivision (2) of Subsection (a) of this section for the
purpose of providing information necessary to determine eligibility to take a
subsequent course under that subdivision. An insurer d~Iivenng of it...
Q~liverv a motor vehicle ineuren ~p licy in this; cancel or increase the
premium charged the insured under the ooliLv_lte[sy because of an offense
litimisva under section or because the insur;0s-omplcted driving sofgty course
under this seglion.
Fu r^..cr. 1A
Led
a ffcQ.,ilFt.tX Ib4 ~4uri7t.aa;amtl' L,'.cetd S10 nc►udina nv ~i
fees authorized by stante~or Muncipa_I ordinance cover the cost of ynisterin¢,
lhlssestinL4 Fees collected under this subs:YLct?„bv a municipal coup shall be'
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ss9 in the munic;pal trcacurv fees colferted by ocher courts ch,
Il be lrnn
114 the counsv tr 31CEd
~a~.S>b' _4L the COUntVtn which the rnn» is }rvcse.,i f tttr cnn
I2a_refund O ^Vf the f ib COUrc d c not t I r (~e enure. the
~Ti • LScLLLIiIS~ 1
Ad¢lalister combrehencive nlle~ -^d reeu
rovernine Rvm safety cour4s and ehall Mau
bla on fil c ~ h ~I c 't h
41(e) No rs^n shall di t
pe ittjbute Sny written Inforrnadon for he o,m~~ of
Sdvem3tIIg a provider of a r: ~~g c~e[t~r sours. ~ thin 500 feet of any n err h I
iunedicnon overg;off~,,gt~ Ito this s_cc~ota, -r•h ovine
uctlon does not eboly to
t~sourse, or to advic ill th o rt of th a aila '1' [
the court. A viosanon of this s.b icon b a 1 ,
shill rewit in los• of he nr~~ride•',e status as a ~Lagent.
h_censed by thr Texas Deoanment of ~biic safety or ocher ,t curse aiptoved or
Urt mma sasety Course
SE ON 2. Each traffic citation or promise to appear issued for anal offense
to which this Act may apply shall contain a clear Statement as follows; "9N
able to require that this charge be dismissed by q
X.
However, you Will lose that rJ&iiyoy do apt sr`eti o a,
before your appearance date of your desire to ddo~" Ifs h l gusgeo
supplied, is not so 1
supplied, the cited party may continue to exercise such right until so informed or until
the case is otherwise disposed of.
SECTION 3. This Act takes effect September I, 1987, and applies only to wL
offense under the Uniform A£t Regulating Traffic on Highways (Article 670ld,.
Vernorl Texas Civil Statutes).that Is committed on or after that date, An offense
committed before the effective date of this Act is punishable by the law in existence
at the time the offense was committed and the former law is continued in effect for
that purpose. For P'wwses of this section an offense is committed before the
I effective date of this Act if any element of the offense occurs before that date.
H.B. 273 - DRVC-R'S LICENSES: DEFENSIVE DRIVING
Cfte~tRlve 9f/17 ALCOHOL DRUG ADDICTION
r Session, 1941 (Article 6687b, Vernonps Texas,Civil Statutes), is amgenlded tot; read as
follows:
Sec. 30. It shall be unlawful for any person to act as a dr;ver of a motor
vehicle who is addicted to the use of alcohol or a controlled substance, or who has
been adjudged mentally Incompetent and has not been restored to competency by
judicial decree or released from a hospital for the mentally incompetent upon a
cett ficate of the superintendent that such person is competent. A_fia&Z-)mU
I~01&1iil to the use of alcohol or a con roiled substance mutt b! U W nn
EFi nH _ _ _ tKfSOn is ncvrholOFIC Itv Of bhyti010_ y
competent jurisdiction that ar, person holding a dnverr's licenseaIs to ally
incompetent or addicted to the use of alcohol or a conwlled substance shall carry revocation oturttin which such fiof the
ng- are made o cenify sameetu he Departnse tl with in any
f (10) days.
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CITY ofDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566.8200
rXS 1
MEMORANDUM
DATE: July 18, 1988
TO: Rick Svehla, Deputy City Manager
FROM Roger N. Wilkinson, Right-of-Way Agent
a`
SUBJECT: Burning Tree Drainage Project
s
At the present, Arco Pipeline Company has an 8" pipeline
crossing Cooper Creek approximately 100 feet west of Burning
Tree Lane. With the proposed bridge replacement and channel %
improvements scheduled to be performed, the existing pipeline
will be exposed in a location different than exists now.
,
` Upon discussing this with Joe Morris, he advised that it could
be possible to require Arco to lower the existing line where it
is exposed, but he would have to research the various
requirements, plus if it ended in litigation, this would delay
the project for an extended period of time.
The attached letter from Clyde Stone of Arco date February 19,
1988 states the City would pay 1001 of the proposed lowering.
After several meetings with representatives from Arco and
advising them of the current exposure, they submitted a cost
estimate, dated April 11, 1988. The cost estimate showed the
City would be responsible for $150690.00 (501 of the total cost
of $319380.00).
The Engineering staff discussed this matter and a total offer
' of $10,000.00 was made to Arco. Arco has agreed to accept this
i; amount and will begin work upon the receipt of an ordinance
. approved by the City Council,
+`'t Attached is the ordinance for the City Council. Please advise
+H if additional documentation is needed.
<f ,
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ARCO Pipe Line Company
P.O. Box 639
Ailinglon, Texas 76010 's"N OF
Telephone 017 267.3242
t Arunglon oiarlal E:GEil4'C~, ; E
1
4 February 190 1988
Roger Wilkinson
City of Denton
215 E. McKinney
Denton, Texas 76201
pFl proposed Burning Tree Lane Drainage Channel
City of Denton, Denton County, Texas.
Our File: An - reed River 0", LL 950 - 130
Dear Mr. Wilkinsont
In reply to your letter of February 4, 1988 to Mr. B. J. Murray
s with regard to subject proposed drainage channel, please be
advised that ARM Pipe Line Cmpany is not agreeable to lowering
our existing 8" pipeline at our own expense to acomodate your
proposed Construction. By certain terms and Conditions of an
Agreement Defining Right Of Way dated March 15, 1961, the landowner
".....shall not Construct nor permit to be constructed any buildings,
engineering works or other impramnents on any portion of the
40-foot strip.....". Your proposal to modify and improve the
existing channel would expose approximately 20 feet of our 8"
line and would be in direct violation of the terms of our easement.
We &-e willing to laver our existing line to acoomodate yaur proposed I to construction, but only he City of DeAtOn
the meta agrees
erfornt ethis in work.
ARCO Pipe Line Ootrparry for 1001 o
Also please be advised that ARCO is not agreeable and will not tolerate
the City to just "proceed with the plans for the drainage improvements
and work around the existing pipe line." I suggest that this rrattor
be resolved as soon as possible to avert any future Conflict.
i
Sincerely yours,
C1 M. Stone
Land 6 R/W Agent
CMStcs
j
cct V. P. Driski
M. L. Russell
a
ARCO Plpe Line Company
Q Location No. V, D. N0. GPI
U.D. Job Cost Estimate 50-5016 INOn GPI
Note Book No. Oro wlnq No,
t 1. Dasctlptlon of lob!
install 100 feet of 8-inch of product line across existing Cooper Creek to accamlio&to
k proposed drainage 4rovement, Denton, Denton County, Texas LL 958-130
f II
2. Labor
N0. classification Man hours Pala Cost Totall
Timekeeper god werehouee materlelman
j7jl! Wai Mr
I
Truck driver
PI .liner
u'
PI ellner Prelim, en inesrVOo)
Mechlnle
I I
1, Eroln erlmo, Supervlaor, Irioodd nand R/W personnel E
4 No. Classification Mm days tide Cost
f Maintenance lawman
' Imat • polliminvy larva 1- 5 175
r
En01nIM • drln lno and preparation of estimate 175
350
Erglf W . Conefruatlon Ind awallen 10 --rfg-- 1750
iii trol•w elr1
InapMOr
a. "*let, dlrect labor ITotu. Items 2 an0 ~ 2275
I. V0e4tidfl pay, hoilday and elckrase Demerit/ t 9.53 % of Item 41 217
e, Total direct labor tiofol of Lines 4 and at 2492
7. 00er iew costs:
i Ernoloya benefit 00413 1'44.4411
Workmeri'3 CompM4alIM 1.79
%
Deneral N4bil1y Ineurlnce 4.50 %
Social security taxes
6. total other Iobo costa i 28.17 %of Item el 702
f ` I. Travel and Ilvlno aapana. p,slimin" engineering
r
lo, Trlvel and living 4eoena. CanstNCUen
It. Right•ol•way coal
12, property damage 200
12. Caen oil at products lost
11. M14CIllaneous
4PPL- *2.1.9
91 POW
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ts. Pwon's to conCaclois U.D. No,
Description of wort, Pau Cost rotate
1A set o 8' Ire t o new I:Mnnel cross
ressure test, cut and drain, tie-in, back E, ill, c_qr_aWj2t__
and clean u R/W, install test point station and_pipg~jw
markers. _ 21,000
i x-ray of all welds. 700
E
21.700
Ca!Qany owned aouiprMnl and rental cars
.10. Dean ipl1M Hours or dare ml its Rate cat
Pitengv oar . onginer • preliminary
Passenger car • e roar. construction
Past N car • Flight-ol-wey agent
Slat Ion wagon
TM plekup_
I TM ack _ 7 cm -12q 744
1 TM Mmch truck
Tank tack
Alf compressor CFAs
Orlin yealylene cutting and weldino equipment
welding machine Amp.
RaILW pipe cutter
PoAable pumps ng unit
Lima tapplno machine
244
1 Description of material Unit cost Cost
I Caging Insulators ~f ea
Citing mla 0 q,
0 feet of Intn•eeaene`mq new v e 8,50 C 850
Feel of Inch "eamhnd or now Pipe for casing }t,
Fal of Inch sed OVII N new pipe fat varht
00 Fitt of ooating material TW_ -Spec. on Bn i
Test VQLnt jo, and
Ilion
1e, &Moul 26,638
10. Selvage materiel (pipe and hHOVal
Omni unit east Total
0 Fat of 8 Ind secoMhand plot i- fl
20. Coal el aatlnp • malarlat A Iabd (apDlles only when replacing bare pipe)
It. subtotal (total of Item 10 nd 45
cam xt
n. Subtotal pram 10 teal 26 593
Item 011
23. Overhead, general supervision 4 787
I Ind What Indirect Costa
04. Total aflmsted Cost bf 31 380
project
? 05. Rlght-o1•way Width! Proposed right of way - ff.
i Pritn, right of way 40 It.
I Addniongi Ipht of way - ft.
40. Dlstnbution of Project coal; To be tame by City of Dentot 50 15,690
To be i by corvan/ -0-4 0
District Arlington Dec 4/11/88 F.nglnegilnq Depertmen, Oate
ARP( • 4052-2- 8
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EXHIBIT "A„
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NO.
AN ORDINANCE PROVIDING FOR THE PAYMENT OF TEN THOUSAND DOLLARS TO
ARCO PIPE LINE COMPANY FOR THE RELOCATION OF ITS PIPELINE IN
CONJUNCTION WITH THE BURNING TREE PAVING AND DRAINAGE PROJECT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Denton proposes to undertake certain
drainage improvements along Cooper Creek as part of the Burning
Tree Paving and Drainage Capital Improvements Project; and
WHEREAS, ARCO Pipe Line Company has an existing pipeline
crossing Cooper Creek which must be relocated in order to
complete the proposed drainage improvements; and
WHEREAS, the City of Denton has agreed to participate in the
cost of relocating the existing pipeline in order to complete the {
proposed drainage improvements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
SECTION I. That upon completion by ARCO Pipe Line Company of
the re ocat on of its existing pipeline crossing Cooper Creek in
substantial compliance with the plane shown in Exhibit "A",
attached hereto, the City Manager is authorized and directed to
pay to ARCO Pipeline Company the amount of Ten Thousand Dollars
($10,000), as the city's agreed share of the total cost of
relocating the pipeline.
f SECTION II. That this ordinance shall become effective
imme ataf `ely upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
j
RAY STEPHENS$ MAYOR
ATTEST:
a,
JERRIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
1 ? DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
h
BY:
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1 CITy of OINTON, rMS 215E. MCKINNEYI OENTON, TEXAS ?W1 I TELEPHONE (917) 5E 42M
MEMORANDUM
DATE: February 4, 1988
TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION
FROM: Paul Iwuchukwu, Traffic Engineer Associate j
SUBJECT: February 8, 1988 Meeting
ITEM 02 PROVISION OF LEFT-TURN BAYS ON SHERMAN DRIVE AT THE
INTERSECTION OF 3HERMA.N DRIVE AND s
This was presented as a General Business item in the
January 11, 1988, Traffic Safety meeting. The
commissioners recommended that staff meet with area
residents for their opinion and suggestions.
Attached is a copy of the memorandum that was sent to
area residents. Eleven lots were the most likely to
be affected by a "No Parking" decision in that
section of Sherman Drive under consideration. Our
survey result is tabulated below.
In Favor Opposed No Response
7 2 2
f Those opposed to the staff's proposal would rether
have a 4-way stop control at the intersection. They
say they do not want cars piled up in front of
houses. Those in favor think the signal
installation, together with left-turn bays on both
approaches on Sherman, is an excellent idea.
Staff is recommending that the left-turn bays he
installed on Sherman Drive as proposed.
i~
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fanwry a148g Nlett~Kp
~iriare.~ Page 4 of 4 pages
guf~htSS;
signalization would be meaningful. However, we
will request that the, State place the signal on 0 61
its proposed construction list since the
earliest available money we have is in 1990.
b, Provision of left-turn bays on Sherman Drive at
the intersection of-Sherman Drive and Windsor:
Slgnalization of Sherman A Windsor is scheduled
to be completed by March Q fs year. Staff is
considering the provision of left-turn bays on
both approaches on Sherman Drive. A left-turn
arrow will not be added until warrants are met
but the bays would serve as a safe storage for
left-turning traffic. Since this would mean
taking parking off Sherman Drive about 2SO ft.
north and south of the intersection, staff is
seeking input from the commission.
0523E
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-W -Now- -MEWPOW,
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MINUTES
Citizens Traffic Safety Support Commission
February 9, 1988
PRESENT: Gilbert Berstein, Gene uohike, Virginia Gallian Doug f
Chadwick and Bruce Chamberlain, Acting Chairman k
ABSENT: Vivian Edwards, Mike Amador, Wayne Autrey, and John
Tompkins III
4 STAFF: Paul Iwuchukwu, Traffic Engineer Associate
Joe Thompson, Airport Manager/Traffic Supervisor
Captain Dotson, Police Department
ITEM 01 APPROVAL OF JANUARY 111 1988 MINUTES:
The meeting was called to order at 5:30 p,m. on
Monday, February 8, 1988 by Bruce Chamberlain.
Gilbert Bernstein made a motion to approve the
minutes as written. Poug Chadwick seconded the
motion. Motion passed unanimously.
ITEM 12 PROVISIO
VITT N OF LEFT-TURN BAYS ON SHERMAN DRIVE AT THE DRIVE "u t
Bruce Chamberlain asked commissioners if they were In
favor of staff recommendation of installing left-turn
bays on Sherman Drive.
A left-turn arrow will not be added until warrants
are met but the bays would serve as a safe storage
for left-turning traffic. This would mean taking
parking off Sherman Drive about 250 ft. north and
south of the intersection.
Gilbert Bernstein made a motion to accept staff
recommendation. Doug Chadwick seconded the motion.
Motion passed unanimously.
i ITEM 13 ORDINANCE FOR SPEED ZONING OF MCKENNA PARK,$
{ Gene Gohlke made a motion to accept staff
re^rmmendation #:i follows:
20 mph speed linit to be posted -
On Scripture street, 40 ft. east of Old Bonnie Brae,
f south side
On Scripture street, 40 ft. Thomas, north side
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+ FIGr. i
t SHEMMA-4 w+NDS~~
~ Ls xl3'TI hJ Cy
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SNERMAN Q WINOSpR
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NO.
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF
SHERMAN DRIVE BEGINNING 250 FEET NORTH OF ITS INTERSECTION WITH
WINDSOR DRIVE AND EXTENDING 580 FEET SOUTH, ENDING 250 FEET SOUTH
OF ITS INTERSECTION WITH WINDSOR DRIVE WHEN SIGNS ARE POSTED;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY T T
EXCEED FIVE HUNDRED DOLLARS, AND DECLARING AN EFFECTIVE DATE. TO
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I.
etsSE s a
p pars a s vehicles erected
any notice
the thereof, following
streets in the City of Denton to-wit:
Both sides of Sherman Drive beginning 250 feet north of
k its intersection with Windsor Drive and extending 580
feet south, ending 250 feet south of its intersection
with Windsor Drive.
SECTION II. The provisions of Section I prohibiting the
park ng o ve clea shall apply at all times to the street and
for stop atvehiclessto navoidtconflictx with others traffic s or sin
compliance with the direction of a police officer or official
traffic control device.
} SECTION III. Any person adudged guilty of parkin a
vehicle in ation of this ord nance shall be guilty of a
misdemeanor and punished by a fine not to exceed Five Hundred
Dollars ($500.00).
SECTION IV, That if any section, subsection
sentence "
r--s e, phrase or word in this ordinance, paragraph,
application thereof to an
invalid by any court of com etentn or circumstance Is held
shall not effect the validitypof the ire ai ing portions oflthis
ordinance, and the City Council of the City o pp
hereby declares it would have enacted such remaining Texas,
despite an such invalidity. 8 p tione
SECTION V. That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
I ordinance to be published twice in the Denton Record-Chronicle,
1
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the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
b, PASSED AND APPROVED this the day of
1988.
r,
RAY ' g 0
d. ATTEST:
i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: }
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` CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 568.8307
Office of the City Afanager
TO: Lloyd Harrell, City Manager
FROM; Rick S
vehl
a
Deputy
City Mana9er
i
SUBJECT:
Sprinklers for Marti i
n
Luther
Recreation Center King, Jr.
UATE; July 27, 1988
After the design of MLK was completed and the construction was
started the executive staff adopted some standards for the
buildings that we will be building on the rest of the CIP
Program. Among those standards was a
buildings, Staff felt that this wasoinsakeeping rwithe our
r
proposed direction on sprinklers and felt we ought to be a '
leader and a proponent in that area.
1r1
Consequ-ntly we began to look at the MLK Recreation Center, t
Parks Department had also been concerned about circling the
entire building in concrete which will be required to provide
fire lanes if the building is not sprinkled. They thought that
aesthetically it would not be the best looking. It also takes i
away valuable land that could be used for other purposes in
conjunction with the use of the building.
We asked the contractor to give us an estimate of what the
sprinkler system would cost for the building. His estimate was
approximately $34,0DO. Included in that was approximately
$13,000 worth of piping work outside the building and another
$21,000 for piping inside the building plus the plans.
We put together a task force including John Cook, Dave Ham and
Steve Brinkman to talk about ways we could cut or lower the
prices. John was very knowledgable about the back-flow
a' preventers and the vaults and those kinds of things and we were
able to reduce the cost of purchasing the materials by several
` thousand dollars. Dave Ham advised that if it was a public
F" line that he could help by installing the line at minimal cost;
I.e., basically for the cost of materials only. Steve did a
yeoman's job in coordinating and working with the contractors.
We were also able to look at ways the sprinkler system would
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MLK Sprinklers
7/27/88
4i .
help us save money. Basically we
approximately $800 will be able to eliminate building a year in insurance costs by sprinkling the
, Through the groups effort we were able to reduce the
BY using tse cost of the system by $10$00.
deduction from the
elimination of the fireclanoesand by uthe the
of $800.00 a year from the insurance fund; i.e. 38 year donation
be able to bring the cost of the system down to000, we will
$15,000, we think the system is important enough for looktfor oximael
other ways to find this $15,000. The options are the eneral
fund balance or your contingency fund. Your fund was budgeted
at $75,000 at the beginning of the
or allocated ache beginning year. To date, you've used i
the majority of which
was ythe5,000 of that to various projects I
' firemen's pay adjustment. Afterrc consulting with cFinance and
you, we have found no other major projects on the horizon at
this time. Thus, if $15,000 was
contingency it would still leave allocated from your
$0000 to
emergencies in the last two months of the
Jbudget year cover any
f
In conclusion, the staff would recommend that the sprinkler
system be added to the Martin Luther kin
Center. It would help us to be proactive a Jr, Recreation
for a sprinkling ordinance. It would certa
ders inly our quest
safer, better facility at MLk, and it would eliminate the use
of recreational land for a fire lane, Y Provide a
a: {
Finally, we have also been able co reduce the co the
price of the s cast s
st o
em tha
y 1 L
s very attractive and we have funds '
available to install the project through fund. We would hope th4t Council would concur yinira contingency
accompanying Change Order with R. C. Small for the installation
Cf of the sprinklers.
If you or the Council have further questions, we would be happy
to try and respond to it. Qeyc
Deputy City Manager
l RS:nb/4162M
Attachment
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Wceuati on
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CITY of DENTON$ TEXAS C1rlc Conter/ 321 E. McKinney/ Denton, TX 76201
R.
M E K O R A N D U M
:03 Betty McKean, Executive Director for Municipal Services
and Economic Development
FROM. Steve Brinkman, Director of Parks and Recreation
4 ~
f DATES July 28, 1988
SUBJECTS Sprinkler System for Martin Luther King, Jr, Center
We would like to request a change order that would modify our contract
With Re C, Small to include a fire Sprinkler system in the new Martin
p
4 Luther King, Jr. Center. A copy of that change order is attached,
With this system, we will be able to eliminate the fire lane that was to
be constructed behind the building, and that will leave us a great deal
r more green space, it will also eliminate any traffic from the back of
ryf the building, making the p,.rk safer for park users,
•
Steve Brinkman
F Attachment
MEM02399
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tlfa&nal yoll t~Lletlal a~a/ ~'yt~2Pit
Denton PorkaandAoorooflon / Denton, foxes / (8f 7J ~ea~8kT0 '
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0923L
NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORbBR TO A
CONTRACT BETWEEN THE CITY OF DENTON AND R. C. SMALL & ASSOCIATES,
INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 3, 19881 the City awarded a contract for
the construction of Martin Luther King Jr. Recreation Center in
the amount of $1,324,000.00; and
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
BE LT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION 1. That the change order to the contract between the
City an . Small & Associates, Inc., a co
attached hereto, in the amount of Twenty-Two Thou and~Do l arse
($22,000.00), is hereby approved and the expenditure of funds
therefor is hereby authorized.
i
SECTION II. That this ordinance shall become effective
imme ate y upon its passage and approval.
i
PASSED AND APPROVED this the day of
1988.
RAY -KUM-
ATTEST:
JENNITR ' CITY TCRETM
E
APPROVED AS TO LEGAL FORM:
` DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
-/L
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CHANGE Distribution to:
ORDER OWNER IN
AIA DOCUMENT G701 ARCHITECT
CONTRACTOR
1 FIELD ❑
OTHER ❑
PROJECT: ML King Jr. Recreation Center CHANGE ORDER NUMBER: One (1)
(name, address) Denton, Texas
INITIATION DATE: July 28, 1988
TO (Contractor):
j ARCHITECT'S PROTECT NO:
t R. C. Small 6 Associates, Inc. 1 CONTRACT FOR: general construction
2254 Royal Lane, Suite 100
Dallas, Texas 75229-3309
L J CONTRACT DATE:March 3, 1988
You are directed to make the following changes in this Contract:
+s.. # To provide all labor, material and equipment to install a state approved
system inside the building only. This excludes all outside underground work.
The city will provide 6' line under the building at the room where. the
sprinkler tree is to be installed.
ADD $22,000.00
i
(
NDI s:lid until signed by both the Owner and Architect.
Signature ni the Contractor Indicates his agreement herewith, Including any adjustment in the Contract Sum or Contract Time,
I
The original (Contract Sum) (C"ve tee4mersim"-Iosai was S 1,324,000.00
Net change by previously authorized Change Orders . , $ -0-
The (Contract Sum) (fitsare"teed h4aufmamC°ert) prior to this Change Order was , $ 1,324,000.00
The (Contract Sum) t6nigstletd Is rxi III Cavil will be (increased)-(deerevsed~Mrsehenged)
1
by this Change Order $ 22,000.00
:t The new (Contract Sum) (CwaanaetalJaar,{masrstorati including this Change Order will be . , . $ 1,346,000, 0
The Contract Time will be (Increased) (d6taeaae4.{u4a;h& ed) by ( 30 ) Days,
The Date of Substantial Completion as of the date of this Change order therefore Is 06cember 21, 1988
Authorized:
Gary Juren Architects R. C. Small A Assoc.. Inc. City Of Denton
"'M'ust McKinney WaT¢INI'l Lo. 1100 VIA%% Texas
Address Address Address
? Denton. Texas 76201 Dallas, Texas 75229-3309
By y BY
gRobert C. ma l,President
DATE DATE DATE
AIA DOCUMENI 0711 6 CHANGE ORDER APRIL 119,711, EDITION 4 AIA$ • 0 1978
tHE AMERICAN INSTITUTE Of ARCHItECTS, 1739 NEW YORK AYE., N.w.. WASHINGTON, O.C. 2M G701 -1975
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DATE: O8/U2/Ab
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: P
MILLS ROPOSED ANNEXATION OF APPROXIMATELY 135 ACRES LOCATED SOUTH OF
ADJACENT EXISTING CITY LLIMITS' (AD-D NORTH OF MCKINNEY STREET
RECOMMENDATION:
Staff recommends that one of the three alternative schedules
submitted be accepted for public hearings. A special
meeting will be required with each of the schedules, called f
SUMMARY:
On March 15, 1988, City Council directed staff to prepare additional
information on the cost and benefits of annexation of property east
of Mayhiil Road and North of McKinney Street. In reviewing the
Information staff recommends annexation of the Denton Independent
School District site and property to the west between Mayhill and '
Mills Roads and McKinney Street. c
BACK_ G_ 'OUND
Denton Independent School District petitioned the City of Denton
for annexation of 64.097 acres proposed as the site for a new high
school. Between 1963 and 1986 the City has annexed property to
entirely surround this nr•.,erty,
PR06RAM5 DEPARTFIENTS OR CROUPS AFFLCTED:
Planning Department, Engineering Division and property owners.
1I51AAI Ip11ACT:
No impact at this time.
S4
4es full su ted :
Prepared by:
I~ arre
ager
CC le Carson
Urban Planner
APpro
jI ra o ns
Executive Director for
Planning and Development
A 2281s
4
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2420L
RESOLUTION NO.
A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINGS THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED XHI ON
"A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING
AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. On the da of
o'cloc in the City~Iouncil Cham ers o , 1988, at 7:00
ing of the City of Denton, Texas, the City~Unciliwill ho d da
public hearing giving all interested persona the right to appear
and be heard on the proposed annexation br, the City Denton,
Texas of the property described in Exhibit 'A" attached hereto and
incorporated by reference herein.
On the day of , at 7:00 P.M.
in the City -;ouncil Cham ere o tl ' i198ppal B ldin
g o'of e clock City
of Denton, Texas, the City Councilwillholdapublichearing City E
ing all interested persons the right to appear and be heard ongthe
dpesroprosedibedanne
in xatExhibiion Ae City Denton, Texas of the property
reference herein, attached hereto and incorporated by
SECTION IIe The Mayor.of the City of Denton, Texas, is hereby
author ze en directed to cause notice of such
be published once in a newspaper havin public hearings to
City and in the territory described in Exhibit circulation in the
twenty days nor less than ten days iiAii not more than
public hearinggs, all -in accordance with prior tMunicipaltAn exation
Act (Article 970a, Vernon's Texas Civil Statutes).
SECTION III. This resolution shall be in full force and
effec mme a eZy following its passage and approval.
PASSED AND APPROVED this the day of
1988.
ATTEST: '
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY, t
1
7
i
EXHIBIT "A"
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the M. Forrest survey, Abst. No. 417, and also being part of f
Lot 1 and 2, Block C of the Morreau Forrest Subdivision, and more
particularly described as follows:
Beginning at a point in the present city limits, said point being
an inner ell corner of the present city limits as described in
Ordinance No. 83.1340 said point lying 250.0 feet north of and
perpendicular to the centerline of F.M. 426 (McKinney Street),
said point also lying in the west boundary line of the Meadows
Addition, an addition to the City and County of Denton, State of ((f
Texas as recorded in Cabinet E, Page 60 of the Plat Records of
Denton County, Texas said point also lying in the east boundary
line of said Lot 2, Block C of said Morreau Forrest subdivision;
THENCE northwesterly 250.0 feet northeast of and parallel to the
! centerline of said F.M. 426 the following 6 courses and distances,
(1) north 630 54' west 367.951; (2) north 670 29' west,
368.66 (3) north 700 37? west, passing the southwest corner of
said Lot 2, Block C and ttie southeast corner of said Lot 1, Block
C of said subdivision, for a total distance of 418.01; (4) north
730 10 west 498.13 to the beginning of a curve to the left
having a radlue of 11,711.16', a central an le of 40 01' and a
chord bearing and distance of north 750 10 west, 851.471; (5)
northwesterly with said curve an are length of 851.661; (6) north
770 24' west, passing the southwest corner of said Lot 1, Block
C and continuing for a total disteuce of 498.72' to a point, said
i point being the intersection of the southerly northwest corner of
the tract described in Ordinance 83-134, with the east boundary
line of the tract described in Ordinance 65.43, said point also
' lying in the west boundary line of said Forrest survey and the
east boundary line of the M. E. P. & P. R. R. survey, Abet. No.
927, said point also lying in a north-south public road known as
! Mayhill Road for corner;
THENCE North along the present city limits same being the west
boundary line of said Forrest survey and the east boundary line of
said M. E. P. & P. R. R. survey and in said Mayhill Road to a
point lying approximately 40.0' west of and perpendicular to the
northwest corner of a tract described in a doed from Otte Dee
Carpenter and wife, Marjorie Lee Carpenter to David Brearley and
1 wife, M. E. Brearley by deed dated April 26, 1941 and recorded in
f volume 296, page 163 of the D.R.D.C.T, for corner;
THENCE easterly passing at 40.01, more or less, the northwest
corner of said Brearley tract and the south right-of-way line of
A-55
1
EXHIBIT "A" (Conrt)
an east-west county road known
j along the south right•of-wa as Mills Road
north boundary line of said Brearley said Mills aroad°andnu he,
feet, more or less . passing at 609.0
the northeast corner of said Brearley tract
same being the northwest corner of a tract conveyed from Thomas
Wilburn Vaughn et ux to Thomas R. Brown b
1948 and recorded in volume 344
~ Y a deed dated May 4,
Pa8e 210 of the D,R.D.C,T .
continuing along said boundary line and road ssin at .51
m
the ore or leas, the northeast corner of said Brownatract same3bein0
Vaughn ath ux ttoc thee Den one Independent tract vSchool from
District
dated June 27, 1972 and recorded in volume 649i.pa a 178 of I
D•R.D.C.T. continiiin elan by a deed
D. 1,540.96' more or 8 8 said boundar ad p7 e8 n
Independent School Distless, the northeast coline rner n of roaDnton
In a tract conveyed from Lillian Mabr bein wait Denton
` d by a deed dated conveyed fo2 8 the northwest corner
f February 5, 1978 and t recHeorbe incCvolume at ux 743
the p
alon 876,
and ageroad p Being atR1D961T. continuin
94 beimore orglose, the northeast boundary
# of said McCurley tract same
( conveyed from Doyle Griffin to A,tM. Bakerwby a deed da corner da a tract
81 1964 and recorded in, volume 310 a Y ted July
continuing along said boundary ' pp 8e 560 of the assin C,T.t
2,523.9610 more or less, the northeast corner of said Baker tract
same being the northwest corner of a tract passing
conveyed to eing Mrs, at
Bertha Griffin by a deed dated March 9, 1926 and recorded in
volume 2050 page 165 of the D.R.D.C.T. and continuing for a total
distance of 2,944.960•, more or leas to the northerl
corner of the
northwest
present city limits as established in Ordinanc9
83-134 and the northwest corner of said Meadows Addition for
corner;
THENCE south po 121 being the east boundary ea t a the slinelofg said Griffin tract and the west
0 same
boundary line of said Meadows Addition passin at 463.0's more or
I leas, the southeast corner of said Griffin tract and the
nd he
northeast corner of a tract conveyed from Frank M. Esteset ux to
the Denton Independent School District by a deed dated June 27
1972 and recorded in volume 649 9
continuing for a total distanco oae2,S79 OB't to DtheD~Poin~t and)
` Beginning and containing 135.0 acres, more or lees, of land.
i
A-53
2420L
NOTICE OF PUBLIC HEARINGS ON PROPOSED ANN
I EXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT;
s
The City of Denton, Texas
proceedings to alter the + Proposes to institute annexation
territory described in boundary~Al1imits of said Cite to add the Exhibit attached or-
porated by reference herein, to the0co por to limitso and in
of Denton. c
of tile City
ty
A Public Hearing will be held by and before the
of the City of Denton,
1988s at 7:04 o'clockP Texas, s,in nthe the
City day of 'ity Councii
Municipal Building of the . Council Cam ers o '
interested in the above City of Denton t s
1 proposed annexationTexas$ , for all persona
place all such persona shall have the right to said time and
heard. Of all said matters and things,
be
the things and matters herein mentionwll arsons ntepearreaandted in
p
A Public ~ will take notice. '
Hearing will be held b t
of the City of Denton, Texas, on the and before the City
Council
19881 at 7,40 O'clock P, M. in the Ci t day of y
Municipal Building of the City of Denton, council Cam ers o
interested in the above ro Texas, for all persons
place all such pp posed annexation. At said time and
heard. Of all said amatte sal and hav n the aright to a ?pear the things and matters heroin mentioned, will take notice. and be
k persona interested in
{
F ATTEST:
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A•53
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EXHIBIT "A"
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the M. Forrest survey, Abst. No. 417, and also being part of
Lot 1 and 2, Block C of the Morreau Forrest Subdivision, and more
particularly described as follows:
Beginning at a point in the present city limits, said point being
an inner ell corner of the present city limits as described in
Ordinance No. 83-1340 said point lying 250.0 feet north of and
I perpendicular to the centerline of F.M. 426 (McKinney Street),
i said point also lying in the west boundary line of the Meadows
Addition, an addition to the City and County of Denton, State of
Texas as recorded in Cabinet E, Page 60 of the Plat Records of
Denton County, Texas said point also lying in the east boundary
i
line of said Lot 2, Block C of said Morreau Forrest subdivision;
THENCE northwesterly 250.0 feet northeast of and parallel to the
centerline of said F.M. 426 the following 6 courses and distances,
3I 61.6north 63 54 c est, 367.95'; (2) north 670 29' west,
( , (3) north 700 371 west; passing the southwest corner of
said Lot 2, Block C and the southeast corner of said Lot 1, Block
C of said subdivision, for a total distance of 418.00; (4) north
730 10' west 498.13 to the beginning of a curve to the left
having a radius of 11,711.16', a central angle of 40 Ol' and a
chord bearing and distance of north 750 10 r west, 851.41 ,
northwesterly with said curve an arc length of 851.66' ; (6) north
770 24' west, passing the southwest corner of said Lot 1, Block
C. and continuing for b total distance of 498.72' to a point, said
point being the intersection of the southerly northwest corner of
the tract described in Ordinance 83-134, with the east boundary
line of the tract described in Ordinance 65-43, said point also
lying in the west boundary line of said Forrest survey and the
east boundary line of the M. E. P. 6 P. R. R. survey, Abst. No.
927, said point also lying in a north-south public road known as
Mayhill Road for corner;
THENCE North along the present city limits same being the west
boundary line of said Forrest survey and the east boundary line of
said M. E. P. 6 P. R. R. survey and in said Mayhill Road to a
point lying approximately 40.0' west of and perpendicular to the
northwest corner of a tract described in a deed from Otto Dee
Carpenter and wife, Marjorie Lee Carpenter to David Brearley and
wife, M. E. Brearley by deed dated April 26, 1941 and recorded in
volume 2960 page 163 of the D.R.D.C.T, for corner;
THENCE easterly passing at 40.01, more or lees, the northwest
corner of said Brearley tract and the south right-of-way line of
A-55
I
I
a'
EXHIBIT "A" (Con't)
an east-west county road known as Mills Road
along the south right- of-wa and continuing
north boundary line of y line of said Mills road and the
feet, more or less, the northeast
passing at 609.4
said acorner tract, passing Brearley tract
same being the northwest corner of a tract conveyed from Thomas
j Wilburn Vaughn at ux to Thomas R. Brown b ,
y a deed dated May 4, the 1948 and recorded in volume 344, 7
continuing along said boundary linepand road passin Dt 933,5;j
.Tmore or less, the northeast corner of said Brown tract samebeithe northwest corner of a tract Vaughn at ux to the Denton Independent vSchoolf
District Cb a
dated June 27, 1972 and recorded in volume 178 of
D.R.D.C.T. continuing along by deed
at 1,540.96' g said boundary line and road passing
more or less, the northeast corner of said Denton
j Independent School District tract same being the northwest corner
I of a tract conveyed from Lillian Mabry to Herbert McCurley at ux
by a deed dated February 25, 1978 and recorded in volume 876,
a geroad the D.R.D.C.T. continuing aloe
i
pass n a ~ said
g t 1 961.9 , more or leas g boundary line
of said McCurley tract same being the northeast a corner tract
t conv yeda r Griffin to
8* 1964 nd Baker by a deed dated Jul
volume , M. y
¢ continuing along said boundary 510 f
' age 560 of the D.R.D.C.T., road J 2,523,96', more or less, the northeast ncor er of said Baker tract
same beingg the northwest corner of a tract conveyed to Mrs,
Bertha Oriffin by a dead dated Mrch 9) 192 volume 205, page 165 of the D.R.D.Ca.T, and continuing recorded total more or cornercof
they presen1t city limits less
as to the established northerly in Ord
83-134 and the northwest corner of said Meadows Addition northwest
' corner; finance
THENCE south Oe 12' east along the present city limits, same
being the east boundary line of said Griffin tract and the west
boundary line of said Meadows Addition gg at
less, the southeast corner of sitdpaGriffin 463.011 ct andrethe
i northeast corner of a tract conveyed from Frank M. Estes at ux to
the Denton Independent School District by a deed dated Jura 27,
1972 and recorded in volume 649, g
continuing for a total distance of e2,579 08of e 't to DtheD~Po nit aof
Beginning and containing 135.0 acres, more or less, of land.
A
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A-55
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ANNEXATION 55
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SCHEDULE "A"
i
AhWAIWA SLWULF
A-55
j
August 2, 1961 City Council sets date, time and
place for public hearings
August 21, 1968 Notice published in Lenten kecord
Chronicle for first public hearing
September 6, 1968 City Council - first public hearing
September 9, 19bb notice published in Denton Record
Chronicle for second public hearing
September 20, 1918 City Council - second public hearing
°..Fa. September 28, 1988 Planning and Zoning Commission makes
recommendation
"October 11, 1988 City Council institutes annexation
October 14, 1988 Publication of ordinance in Denton
Record Chronicle f
November 15, 1988 Final action by City Council
Special called meeting
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~•wl..,an,,,r r .
Schedule "a"
ANNLU11ON SCHEDULE
A-55
August 2, 1988 City Council sets date, time and
Place for public hearings
August s, 1988 Notice Published in Denton Record
Chronicle for first Public hearing
August lb, 1988 City Council - first public hearing
August 12, 1988 N
of
ice published in Denton Record
Chronicle for second public hearing j
"August 23, 1988 City Council - second public hearing
September 20, 1988 City Council institutes annexation
September 28, 1988 Planning and Zoning Commission makes
recommendation
September 29, 1988 Publication of ordinance In Denton
Record Chronicle
November 1, 1988 Final action by City Council r
i
y
" Special called meeting
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SCHEDULE "C"
ANNE1(Al'ION SCHEDULE
A-55 I
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August 2, 1988 City Council sets date, time and
place for public hearings
August S. 1966 Notice published in Denton Record
Chronicle for first public hearing
August 16, 1988 City Council - first public hearing
August 19, 1988 Notice published in Denton Record {
Chronicle for second public hearing l
i
RAugust 30, 1988 City Council - second public hearing {
September 20, 1988 City Council institutes annexation
September 28, 1988 Planning and Zoning Commission makes
recommendation I
September 29, 1988 Publication of ordinance in Denton '
Record Chronicle
November 1, 1988 final action by City Council
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* Special called meeting
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DATE: 08/U2/b8
CITY COUNCIL REPORT FORMJIT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF RESOLUTION TO CREATE AND APPOINT AN APPENDIX A TASK. FORCE
RECOMMENDATION:
The Planning and Zoning Commission recommended that Council appoint
an ApzZpendix A Task Force comprised of three memb:rs of the Planning
representatives. Commit-
nCaptans, andt five neighborhood the Land Use
tee Team
4 " SUP4J~RY
Appendix A Task Force will delineate suitable boundaries of the
intensity areas required for the proper implementation of the Denton
Development Plan. The task force will also make
regarding a standard methodology for calculating intensity trip
generation.
BACKJGROUND:
The intensity policies provide a citywide framework for promoting
and regulatin land use developments. These policies require that
a b
the cliy oundaries sW based ionoexisting candtfuture development physical
t
x PROGRAMS DEPARTMENTS OR GROUPS AFFECTED.
N/A
FISCAL -IMPACT:
j
N/A
i1 I 4Re
Led'
f
arrelT-+
j City Manager
Prepared by:
arry sau
Urban Planner
Appro '
Executive Director for
Planning and Development
f
a
~L
2438L
RESOLUTION NO.
A RESOLUTION CREATING AN APPENDIX A TASK FORCE TO FORMULATE AND
RECOMMEND TO THE CITY COUNCIL INTENSITY AREA BOUNDARIES AND A
METHODOLOGY FOR INTENSITY CALCULATIONS FOR THE DENTON DEVELOPMENT
PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
a WHEREAS, the City Council of the City of Denton wishes to
create an Appendix A Task Force to formulate and recommend
intensity area boundaries and a methodology for intensity
calculations as required by the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
{
SECTION I. That the following eleven persons, who shall be '
drawn rom the named representative groups, are hereby appointed
to serve as an Appendix A Task Force:
Land Use Planning Committee Team Captains. _
a
2.
3.
Planning and Zoning Commission. k
~ 4..
5.
6.
Neighborhood Representatives.
7.
8.
k~ 9.
10.
11.
I
R
SECTION II. That the responsibilities of the Task Force shall
be:
1. To delineate the boundaries of all the intensity areas
`r required for the proper implementation of the Denton
Development Plan.
if 2. To review and make recommendations regarding a standard
methodology for calculating intensity trip generation.
3. To give immediate priority to areas for which a zoning
case has been filed, as notified by the Department of
Planning and Community Development.
4. To develop a work program to complete its duties within
six months of this resolution.
' SECTION III. That this resolution shall become effective
imme ate y upon its passage and approval,
PASSED AND APPROVED this the day of , 1988. _
i
a !
RAY STEPHENSI MAYOR
ATTEST:
JENNIFER WALE , CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: vw-~
' 1
i
' City of Denton
PLANNING AND ZONING COMMISSION
1988-1989
,r
Euline Brock William Kamman
1900 Westridge 2225 Scripture
Denton, Texas 76205 Denton, Texas 76201
Bus. 896-2148 Bus. 565-2597
Res. 381-2436 Res. 387-3389
Jim Engelbrecht Etha Eiker
2305 North Lakes Trail 1013 Kings Row !
Denton, Texas 76201 Denton, Texas 76201
Res. 382-8589
Res. 565-1009
Ivan Glasscock Fran Morgan
2016 Hollyhill 611 Smith Street
Denton, Texas 76205 Denton, Texas 76201
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Res. 387-5498 Bus. 383-3561
Res. 387-7253
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Judd Holt
.~i 3221 Nottingham F
Denton, Texas 76201
Bus. 387-9554
Res. 382-5311
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LAND USE PLANNING COMMITTEE
382-4819 KAREN ABERNATHY EAST DENTON
g 464-3406 LARRY ALDERSON CITY OF ARGYLE
387-4373 JOE ALFORD CITY COUNCIL
387-6151 GILBERT BERNSTEIN CITIZENS TRAFFIC SAFETY SUPPORT
{ COMMISSION
I (resigned) NANCY BOYD PUBLIC UTILITIES BOARD
382-2436 EULINE BROCK PLANNING AND ZONING COMMISSION
382-9693 CHUCK CARPENTER DENTON CHAMBER OF COMMERCE
383-1083 MARK CHEW CITY COUNCIL
565-7179 *BILL CLAIBORNE PLANNING AND ZONING COMMISSION
387-9556 *HARRY DOWN DEVELOPERS INTEREST
497-4008 MITCH DUFOUR CITY OF CORINTH
565-1009 *JIM ENGELBRECHT NORTHWEST DENTON
565-3526 R. B. ESCUE, JR. PLANNING AND ZONING COMMISSION
382-6878 KENNETH FRADY PUBLIC UTILITIES BOARD
387-2054 CHARLES GLASGOW BOARD Or ADJUSTMENT
THOMAS HALL HOME A`0 APARTMENT BUILDERS
ASSOCIATION
383i1506 MARIAN HAMILTON NORTHEAST DENTON
(resgned) BESSIE HARDIN EAST DENINN
565-2055 JOHN HARGROVE UNIVERSITY OF NORTH TEXAS
387-3518 RICHARD HAYES SOUTHWEST DENTON
383-4376 *VICKI HOLT DENTON INDEPENDENT SCHOOL DISTRICT
566-3316 GARY JUREN PLANNING AND ZONING COMMISSION
382-0451 KAREN KNUTSON SOUTHWEST DENTON
387-0361 BETTY KREPS LEAGUE OF WOMEN VOTERS
382-8035 ROLAND LANEY PUBLIC UTILITIES BOARD
898-3250 *JOHN LAWHON TEXAS WOMAN'S UNIVERSITY
( 565-8323 MERLIN LEE SOUTHEAST DENTON
3 387-4506 *LINNIE MCADAMS CITY C(A)NCIL
387-4572 *TONY RAPOSA DEVELOPERS INTEREST
382-1541 ROBERT RAYNER BOARD OF REALTORS
382-8757 JIM RIDDLESPERGER CITY COUNCIL
565-2030 BETH SCHLAGEL NORTHWEST DENTON
387-8696 TAYLOR STEM NORTHEAST DENTON
497-2202 OLIVE STEPHENS CITY OF SHADY SHORES'
383-1529 *J. V. STRANGE DEVELOPERS INTEREST
566-3337 *MITCHELL TURNER SOUTHEAST DENTON '
387-7462 CONNIE WELLS COMMUNITY DEVELOPMENT BLOCK GRANT
* LAND USE PLANNING COMMITTEE TEAM CAPTAINS
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RESOLUTION NO.
A RESOLUTION SUPPORTING THE PROPOSED CONSTITUTIONAL AMENDMENT }
PROVIDING THAT FEDERAL REIMBURSEMENT OF STATE HIGHWAY DEDICATED !1
FUNDS BE EXCLUSIVELY DEDICATED TO IMPROVING TEXAS HIGHWAYS; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Texas motorists pay a federal fuel tax of nine (94)
cents a gallon into the Federal Highway Trust Fund, which is E
legislatively mandated to be apportioned to states for use on the
Federal Aid Highway Program; and
WHEREAS, the State of Texas receives approximately $800
million a year from the Federal Highway Trust Fund; and
WHEREAS, the federal funds account for 50-60% of the costs of
highway construction in Texas; and
WHEREAS, since 1917, when federal highway funds first became
available to the states, Texas has used 100% of such funds
exclusively for highway purposes as mandated by federal law; and
WHEREAS, federal highway funds are received by the state as
reimbursement for the expenditure of constitutionally dedicated
state highway ueer taxes; and
WHEREAS, it has recently been suggested that federal highway
funds received by the State of Texas as reimbursement be diverted
to general revenue purposes; and
WHEREAS, diversion of the federal highway funds would violate
the public trust, and destroy the successful concept that those
who use highways should pay for their construction and
maintenance; and
WHEREAS, Texas voters can stop this potential attempt at
diversion of federal highway funds to unrelated purposes by
voting for the proposed Good Roads Amendment to the state
constitution on the ballot in the November, 1988 general
election; and
WHEREAS, this proposed constitutional amendment will appear
on the ballot as follows: "The constitutional amendment and/or
clarification providing that federal reimbursement of state
highway dedicated funds are themselves dedicated for the purpose
' of acquiring rights-of-way and constructing, maintaining, and
policing public roadways"; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council supports the proposed
const tut ona amendmenk dedicating federal highway funds
received by the State of Texas exclusively for the intended
purpose of improving Texas highways, and that the Council urges
all Texas voters to join in supporting the proposed amendment.
SECTION II. That this resolution shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1988,
RAY TEPHENS, MA OR }
ATTEST:
JENRIFER ER , MYSOMM
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
j BY: 6,4 01
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DENTON COUNTY
DEPARTMENT OF PUBLIC WORKS
DENNIS W. aURN, A.E., DIRECTOR
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COURTHOUSE ON THE 6OUAR£ 110 W. HV;ORY DENTON, tEAAS 76101
w~ .
July 20, 1988
Mayor Ray Stephens s
City of Denton
215 E. McKinney
Denton, Texas 76201
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Dear Mayor Stephens:
Texas motorists pay a federal fuel tax of 9 cents
f per gallon. This revenue goes to the Highway Trust
Fund and is apportioned to Texas for us on approved
Yr federal aid highway projects. Texas receives approxi-
mately $800 million per year from the Trust Fund, s
I Texas has always used these funds exclusively for
y highway purposes (construction, maintenance, policing).
A movement arose in 1987 to divert these federal
highway funds received by Texas to purposes other than
highways (general fund). To prevent the diversion
of federal highway funds to general revenue, the
State Legislature approved the "Good Roads Amendment" ~
% to the State Constitution. This amendment will be )
on the November 6, 1988 ballot and will require the
federal highway funds received by the State continue
to be used to improve Texas highways.
On July 18, 1988 Denton County Commissioners Court EE
approved a resolution suporting the Texas Good Roads i
Amendment. We encourage you to take similar action
and have your council approve a resolution supporting
this amendment.
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1 S ely,
S M. Burn, P. E.
r Director Public Works Department
l Denton County
( cc: County Judge and Commissioners
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A RESOLUTION SUPPUR1.r~ THE GOOD ROADS AMENDMENT
RESOLUTION
WHEREAS, Texas motorists pay a federal fuel tax of 9 cents a
gallon into the Federal Highway Trust Fund, which is legislatively
mandated to be anporttoned to states for use on the Federal Aid
Highway Program; and,
WHEREAS, Texas receives approximately ;800 million a year from
the Federal Highway Trust Fund; and,
WHEREAS, the federal funds account for' 50-601 of highway construction
in Texass and,
WHEREAS, since 1917 when federal highway funds first became
available to the states, Texas has used 1001 of such funds exclusively
for highway purposes as mandated by federal lawl and,
WHEREAS, federal highway funds are received by the state as
reimbursement for the expenditure of constitutionally dedicated state
highway user taxes; and,
WHEREAS, it has recently been suggested that federal highway funds
received by the State of Texas as reimbursement be diverted to general
revenue purposest and,
WHEREAS, diversion of the federal highway funds would (1) be
unlawful, (2) violate the public trust, and (3) destroy the successful
} concept that those who use highways should pay for their construction
and maintenancel and,
WHEREAS, Texas voters can stop this potential attempt at diversion
of federal highway funds to unrelated purposes by voting for a proposed
GOOD ROADS AMENDMENT to the state constitution on the ballot in the
November 1988 general election; and,
WHEREAS, this proposed constitutional amendment will appear on
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tha ballots "The constitutional amendment and/or clarification
providing that federal reimbursement of state highway dedicated funds
are themselves dedicated for the purpose of acquiring rights-of-way
and constructing, maintaining, and policing public roadways.°
NOW, THEREFORE HE IT RESOLVED that we support the proposed
constitutional amendment dedicating federal highway funds received
by the State of Texas exclusivel for the intended ~
y purpose of improving ~
Texas highways, and BE IT FURTHER RESOLVED that we call on all Texas
voters to join us in supporting the proposed amendment wind pledge our
support in educating the voters to t~~e cr.itical importance of a YES
a vote for the COOD ROADS AMENDMENT.
PASSED AND APPROVED BY 1E COMMISSIONER~S~COURT OF DENTON
COUNTY TEXAS THIS 1 DAY OF JULYi 1999,,
APPROVE t
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CO my J,u
Rut Tana , omm ee o r, Act.
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R ' CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566.8100
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DATE: July 29, 1988
TO: Lloyd Y. Harrell, Ci•y Manager
' FROM: John F. McGrane, Executive Director of Finance
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SUBJECT: JUNE BUDGET REPORT
The monthly revenue report for June continues with the some theme as in prior
months. In total, General Fund revenue collections are ahead of the same
period collections for last year. At the end of June, 82% of the budgeted
revenues were collected as compared to 80`b last year. As reported in prior j
months, the area where collections are not keeping up with budgeted projection I
is those revenues associated with building and construction. On the other
hand, sales tax collections are 2.4% over projected budget.
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General Fund expenditures are at 70% of budget as compared to 72% a year ago.
Total General Fund revenues collected through June are $19,052,169.
Expenditures and encumbrances for the same period total $16,079,330. Overall,
the General Fund appears to be in good shape at the three-quarter of the
fiscal year mark.
If you have any questions or need any additional information, please advise.
o n erane
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