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HomeMy WebLinkAbout09-06-1988 AGENDA 'r CITY OF DENTON CITY COUNCIL September 6, 1966 Work Session of the City of Denton City Council on Tuesday, September 6, 1966, at 5:30 p.m. in the Civil Defense Room of 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. 5:30 P.M. 1. Receive an update from the Main Street Committee. 2. Consider paving alternatives for Oak and Hickory Streets, 3. Receive an update of Appendix A of the Denton Development Plan. 4, Executive Session: A. Legal Matters Under Sec. 2(eArt, 6252-17 V.A.T.S. r r 1. Discuss County vs. City. t B. Real Estate Under Sec, 2(f), Art. 6252-17 r V.A.T.S. C. Personnel /Board Appointments Under Sec, 2(g), Art 6252-17 V.A.T.S. 1, Consider appointment of National League of Cities voting delegates. 2. Consider, appointment of members to the North Texas Higher Education Authority. Regular Meeting of the City of Denton City Council on Tuesday, k September 60 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, Proclamations A. Constitution Week S. National Voter Week C. Public Power Week ' f y. - I. g~+ 1 City of Denton City Council Agenda September 6, 19bb Page 2 2• Public Hearings A. Consider petition of l.ity of Denton to establish + Agricultural (A) zoning on approximately 115 j acres of land. The property is S00 feet wide and $ begins approximately 10,910 feet north of U.S. Highway 360 near the Elm Fork of the Trinity River. The property is situated in the J. West Survey, Abstract 1331 . Z-85-011, (The Planning and Zoning Commission recommen s approval.) 1 1. Adoption of an ordinance establishing Agricultural (A) zoning on approximately 115 acres of land. B. Consider petition of City of Denton to establish Agricultural (A) zoning on approximately 174 acres o.' land. The property is 500 feet wide and 10,560 feet long located 350 feet north of U.S. 360 near River. The property heisEsituated in the the W. Dobbs Survey, Abstract 328, and the J. West Survey, Abstract 1331. 2-86-012 (The Planning and Zoning Commission recommen s approval,) 1. Adoption of an ordinance astablishin Agricultural (A) zoning on approximately 174 acres of land. C. Consider Petition of Metroplex Engineering Corporation requesting a change in zoning from the agricultural (A) to the single family-7,000 square foot (SF-7) classification. The property west2 of acres located ofp McKinne~yyStr52 S eet land Bellaire Drive. The property is more fully described in the M. Yoachum Survey, Abstract 1442, If approved, the property may be utilized for any purpose in the SF-7 category. Z-66-014 (The Planning and Zoning Commission recommen s approval.) i 1. Adoption of an ordinance approving a change in zoning on 2.074 acres. D. Consider proposed annexation of 13S acres located south of Mills Road, east of Mayhill Road, and north of McKinney Street adjacent to existing city limits, (A-SS) I F V f City of Denton City Council Agenda September 6, 1966 Page 3 e 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 r accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. D4tailed back-up information is attached to the ordinances (Agenda items 4,A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item i prior to approval of the ordinance, A. Bids and Purchase Orders, 1. Bid 49666 Bolivar 6" Sanitary Sewer Paving and Drainage ' 4. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of /j contracts for public works or improvements. B. Consider adoption of an ordinance granting a franchise to Acme Brick Company for the purpose of maintaining and operating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for a franchise fee; and providing for the regulation of the construction, reconstruction, maintenance, and use thereof, (Second Reading) C. Consider adoption of an ordinance amending Section 1-5 of Chapter 1 of the Code of Ordinances of the City of Denton, Texas ' establishing the maximum fines for certain violation of the Code of Ordinances. D. Consider ordinance instituting annexation of 20,6309 acres 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-Sb) E. Consider adoption of an ordinance approving an f agreement between the City of Denton and Dave f Krause providing for communication line services; and providing for an effective date, (Public Utility Board recommends approval,) 1 F r I City o: Denton City Council Agenda September 6, 1966 Page 4 5. Resolutions A. Consider approval of a resolution of the City Council of the City of Lenton 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 1965; certifying that the City of Denton is eligible to receive assistance under such a program. B. Consider approval of a resolution appointing members to the North Texas Higher Education Authority. ` I 6. Miscellaneous matters from the City Manager. A. July Budget Recap f 7. Official Action on Executive Session !tems: i A. Legal Matters B. Real Estate C. Personnel L. Board Appointments 8. New Business: This item provides a section for Council Members to suggest items for future agendas. 9. Executive Session: A. Legal Matters Under Sec, 2(e), Art. 6252.17 V. A. 1'. S. B. Real Estate Under Sec. 2(f), Art. 6252.17 V.A.1'.S. C. Personnel/Board Apppointments Under Sec. 2(g), Art 6252-17 V.A.T.S, J h. 2 City of Denton City Council Agenda September 6, 1968 Page S A' C E R T I F I C A 1 E I certify that the above notice of meeting was posted on the bulletin b rd tdeye oflty~hall of 1the 96b City oUe on Texas, on the _ , {a.m.) p'm. ' o'clock z , j s 29700 R ~ i J ;t ti _y A R., Y~ I t~ t Jf l' ny i { F 3 r tti AGENDA CITY U. DENTON CITY COUNCIL September 6, 1956 Work Session of the City of Denton City Council on Tuesday, September 6, 19660 at 5:30 p.m. in the Civil Defense Room of City Hall at which tile following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 P.M. 1. Receive an update from the Main Street Committee. 2. Consider paving alternatives for Oak and Hickory Streets, 3. Receive an update of Appendix A of the Denton Development Plan. y 4, Executive Session: j A. Legal Matters Under Sec. 2(e), Art, 6252-17 I V.A.T.S. 1. Discuss County vs. Cam. B. Real Estate Under Sec. 2(f), Art. 6252-17 C. Personnal/Board Appointments Under Sec. 2(g), y Art 6252-17 V.A.T.S. 1. Consider appointment of National League of Cities voting delegates. 2. Consider appointment of members to the North Texas Higher Education Authority. Regular Meeting of the City of Denton City Council on Tuesday, September 6, 1988, at 7:00 p.m. in the Council Chambers of City [fall at which the following items will be considered: . 7:00 p.m. 1. Proclamations A. Constitution Week d. B. National Voter Week C. Public Power Week j J s f,s B i City of Denton City Council Agenda September 6, 19bb Yage 2 '~r 2• Public Ilearings A. Consider peti,lon of City of Lepton to establish Agricultural (A) zoning on approximately 1l5 acres of land. The property is 500 feet wide and begins approximately 10,910 feet north of l1.5. highway 3bU near the Elm Fork of the Trinity kiver, The property is situated in the J, West andv2oning sCommitssionl recommen3s lal~proval, )lapping 1, Adoption of an ordinance establishing ~ Agricultural (A) zoning on approximately 115 • '~I acres of land, ~ B, Consider petition of L'ity of Lepton to establish Agricultural (A) zoning on approximately 174 acres of land. The property is 500 feet wide and 10,560 Eeet long located 350 feet north of t1,S. Highway 350 near the Elm Fork of the Trinity River. The property is situated !n the W. Dobbs Survey, Abstract 328, and the J, West Survey, Abstract 1331, 2-bb-012 {The Planning and toning Commission recommen s approval,) Adoption of an ordinance establishing Agricultural (A) zoning on approximately 174 ' acres of land, l C• Consider Petition of p Corporation requesting a changelein zon$ngeefram the agricultural (A) to the single Eamlly-7,000 square foot (SF-7) classification. The property I is 1.074 acres located approximately 515 feet \ ~ west of the intersection of McKinney Street and ' Bellaire Urlve, The property is more fully described !n the M, toachum Survey, Abstract ; ]441, If approved, the property may be utilized for any purpose in the SF-7 category, 2-bb-014 (lhe Planning and 2onfng Comc~isslcn recommen s approval, ) ~ 1. Adoption of an ordinance approving a change ~ in zoning on 2,074 acres, U. Consider proposed annexation of 135 acres located south of Mills Roaa north of Mchinne ' east of Mayhlll Road, and f city limits, {A.SS) atreet adfacent to existing i 1 1 City of Denton City Council Agenda September 6, 1966 Page 3 f' i 3, Consent Agenda Each of tha-e items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. A~proval of the Consent Agenda authorizes the City Manager or ,is designee to implement each item in accordance with the Staff recommendations. i Listed below are bids and purchase orders to be approved for payment under ttie ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4,A). This listing is provided on the Consent Agenda to allow Council Members to discuss any Item prior to approval of the ordinance. 11 A. Bids and Purchase Orders: 1 1, Bid 09666 Bolivar b" Sanitary Sewer Paving and Drainage 4, ordinances A, Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance granting a franchise to Acme brick Company for the purpose of maintaining and o erating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for a franchise fee; and providing for the regulation of the construction, reconstruction, maintenance, and use thereof, (Second Reading) C. Consider adoption of an ordinance amending Section 1-5 of Chapter I of the Code of Ordinances of the City of Denton, Texas establishing the maximum fines for certain violation of the Code of Ordinances. D. Consider ordinance Instituting annexation of 20,6309 acres being part of the J, Dickson Survey, Abstract No. 342, and the A. Cannon Survey, Abstract No, 232, and located at I'M 2161 and Old Alton Road. (A-56) E, Consider adoption of an ordinance approving an t` agreement between the City of Denton and Dave Krause providing for communication line services; and providing for an effective date. (Public Utility Board recommends approval.) i ~ i J_ } i i City of Denton City Council Agenda September 6, 1965 F„ Page 4 R S. Resolutions A. Consider approval of a resolution of the City Council of the City of Denton designating certain ' city officials as being responsible for, acting for, and on behalf of the City of Denton in ! dealing with the texas Parks and Wildlife j Department fot the purpose of participating In " the Land and Water Conservation Fund Act of 1965, I certifying that the City of Lenton is eligible to j receive assistance under such a program, { B. Consider approval of a resolution appointing members to the North Texas Higher Education l' Authority, 6, Miscellaneous matters from the City Manager, A. July Budget Recap f 7. Official Action on Executive Session Items: A. Legal Matters b, Real Estate C Personnel D. Board Appointments 61 New Business: This item provides a section for Council Members to susgest items for future agendas. ' 9, Executive Session: A. Legal Matters tinder Sec. 2(e), Art, 6251.17 , B. Real Estate Under Sec. ;(f), Art, 6252.17 V.A.I.S. C. Personnel/board Apppointments Under Sec, 2(g), ' •r Art 6252-17 V,A.T,S. i I) 1 City of Denton City Council Agenda September 6, 1966 page 5 C E k T I F I C A I E I certify that the above notice of meeting was bulletin board at the City Hall of the Ci of Denton, Texas on the m day of , 1966 at o'clock Tp . , j- CITY SECWETXFT- 1 2970C r F i f f 1 1 t f~ 9 I i g l 1~ f 1 e' pk 7 r t 11i f i I i i A-i t i r I i I j j i i I { c I e ~ q {i TO: THE HONORABLE MAYOR AND MEMBERS OF THE ')F.NTON CITY COUNCIL d FROM: THE DENTON MAIN STREET COMMITTEE ' REFERENCE: RESOLUTION NO. RL9-004; CHARGES OF THE COMMITTEE { As prepared by the Main Street. Committee, the following items will be presented to the Council on September 6, 1988: ~.S I Business supporters of the Program. i II Results of independent survey for Main Street. III Discussion of in-kind and community contributions in place. IV Current promotion for Main Street. f The Main Street Committee members wish to express their thanks i for this opportunity to volunteer efforts for a greater purpose of serving our community and preserving Denton's past while maintaining pride and encouraging future prosperity. We also J recognize the need for future leadership and have organized a Design Review Committee as well as a Finance Committee to meet the new and upcoming challenges. 'V Alan Cole, Chairman i J fr i~ n } 'I I i 41 1 i I 1 W aI 1 I CfTY of DENTON#'TEXAS MUNICIPAL BUILDINCa / DENTON, TEXAS 18701 / TELEPHONE (817) 566.8301 I - Office of the CUy Manager MENIORANLUM UA'IE: September 1, 19tF 10: Lloyd Harrell, City Manager lkON,: kick Svehla, Ueputy City Manager r. 8UUJGCI Construction of Oak and Ilickury Streets as Part of the C1P and ti+e $IU,UOO,000 bond issue You may recall that Hickory has been put on hold for the last two years because of the problems with Avenue C and because we knew Oak and Fry Streets were scheduled for this year, Staff suggested that the 191 Committee recommend to the Council that the Oak and Hickory projects be brought to tile Council together in order to save costs. This recommendation was mnde to the Council in April of this year by the 191 Committee. In auditiuli to that, there wus in exteusivc discussion held with the Council In October of 19bu. 'this discussion centered on the width or the ultimate section of Hickory Street, 'there was much discussion about the number of lanes and the amount of parking that should be allowed on Hickory. In the fall of 19bb, the Council ultimately decided that the section should remain very close to the existing section and consequently an ultimate 01 section was chosen, I Subsequent to that, the Council held lengthy discussions In late sppring and early this summer about beautification and the rule lfle City should play in leading the community. Afler that 'J discusslon, the beautlilcatlon ordinance was puss, In that new ordinance, there are piucedures to follow If trees are to be removed. 'they Include bringing plans to Planning t Zoning. Consequently, we went back to our Uak Street preliminary designs and began to look at how the new street sections would effect the trees in the area. We began to sec' signnificant tree removal problems on Oak and In reviewing lilckcry, the wider sections also present significant problems. This problem, coupled with the fact that a large part of Oak Street Is in the I 1 1 f N I Oak G Hickory Streets September 1, lybh Page 1 historical bistrlct, the problems with wider street sections and the related access problems with building elevation in the r Avenue A and try Street areas of Hickory, have lead us to seek some new guidance from the Council. Since Oak and hickory are currently one way, the Staff also feels it is important to look at these two streets together, 'the ultimate development on the city's west side, activities at the University of North Texas and the effect of the ultimate section for these two facilities will determine in large part what kind of rule Ifie so two streets play in the Iuture. j because of their one way nature, we feol that sections should be matched since traffic in one direction wuuld cause reciprocal traffic on the other at some other time of the day, i, Given this history and the Staff's belief that the sections I should be related, we have looked at three different street widths. We have attempted to list all the advantages and disadvantages for each of these. Alternate 01 (45' Back to back) j this pavement allows for four through lanes ultimately or two through lanes and two extremely large parking lanes k immediately. A traffic lane is defined as a 11' through lane, r A parking lane is defined as a b' wide I parking area. f Advantage Lisad vanlap, es best provides for the Takes the must trees (101 i movement of traIfic(4 on Oak and 13 on Hickory). thru lanes or 1 wide thru lanes and two park- Will not mach need for ul - i ireg Elms. tisialo trarfIr movement ! during Iat III ty life, kid tn • t d narrow k U-fr f would make major access and design problem In Pry and Avenue C area on Hickory, f " Most expensive to build ~f ;.y ($1SU,0U0 to $170,000 more IF i than 37' section.) and tree replacement costs, , ~r I 1 G Oak and llickory Streets September 1, 19bb Page 3 ft Alternate 02 (4I") the 41' back to back i This allows street has f the following parking lanes or two through lanes and rharacteristlcs. S 7'l+ese again are based on 11 ~w0 Properly b parking lanes. Lxampies of thi throe sitrata Lrive, alone, ScrF tur'o s sort of glr M lanes and + p oic, slrael include Adya`ages -')is-2dvaes I " Provides section to meet existing needs. Still takes man ' i tr4ves on Oak and 21 on Hickory). r " Cheaper than ultimate i. section " Narrowness of h-G•ir still a P U,000)(andrlessatree problem at Fr replacement cost, on Hickory, Fry and Avenue c " Flajority of Hickory Still i'sirig rr,ljor having Street (SO,) is this areas for wide parking. Alternate 13 (37t) r „p,. ~ 7hc 37' bark to lanes back stroot section C and one pa rkIrig land. allows for two maintaining the existin future possibilities throegh toira one way couplet, g ltf o way pattern or someda include dection, our feeliYou convert to Y converting wuul~i g is drat caparlt two t j R rrr~t rtun's HN'd~ for approx111r, In eac a x any, l r u i t h i S ,trtl J by that ~ouplc Sherman to Utt Streert, ul stlect section is Lucusto yc'rrs' An Street iron Ad vanla e; ,n a LIs_adv• Least amount of trees ---?acs taken (31 on Oak to 5 on a Parking eliminated on ono side of the street section, " Least cost 170 ($150'oUU to 000 cheaper than the ultimate Sectlerr) anJ tree replacement costs. " bWst room for street width anJnlbuildlug elevations, i' t' , ( L a f Z Uak and Hickory Streets i September 1, 19tt Page 4 Alternate a3 (311) (Cont'd) Advantages hisadvantages " kill meet existing capacity needs, capacity could be increased in the future. All of Oak is this wide or narrower and 35% of I Ilickory is this wide. i SI I m m a r the above outlines the advantages and disadvantages of the three road sections. 'ihe 37' seems to hale no rehl I disadvantages except for the fact that Ft could carry less traffic in the future. J he have consulted with the county extension agent with relation I to protection of trees. lie has given us several major suggestions on how to prevent damage to trees including pruning of the trees, working with the neighbors to insure that they water and fertilize to offset the damages, and showing them how the pruning effects the root system. A critical area Is being very careful not to el Icc l the stab IIIzalfun routs tlral maintain the stability of the major trees so that wind damage ` would not occur, He teels that 2' distance between the lime subgrade stabilization and the trees would allow the trees to ? live with the pruning arid other issues mentioned above, he will include these y,uidelines in the specs and greatly stress the environmental considerations that a contractor bidoing the project would have to give. finally, the cost saviIII! s irr reducin the g lavcmcnl by 4 loot in t 1 width between and about 451 could total about means $1SU,uruU to total $16U,tUpperence bet r 1101)r•lully9 1liesday evi-uing 1. 114. Co uric II c,ur dII'l.ct Stall as to 1 the width of the street for the Oak and Hickory project to submit to Planning and Zoning for review. y i k c Svc a Deputy Clty Manager kS:bw ' 4213Ft 14 1 I 4 I i r i rte. I r T-I Ifill iiiiiiijill i 1 { LIE= j f LLI= LLI= . i { i t } I { T i i I i 4 e DATE: 05/06/88 (IfY COUl,CIL REPORT F'ORMAL' TO: Mayor and Memoers of the City Council FROM: Lloyd V. harrell, City Manager SUBJECT: Status Report Appendix A Task Force RECOMMENUAPION: That Council proceed to set a date for a public hearing to adopt the Denton Development Plan and a working intensity map. +j SUMMARY: { Following the adoption of the Plan and the working intensity map, it will take about 8 weeks to process a zoning case. However, if problems are encountered at the number crunching stage, then it could take up to 13 weeks to finalize any possible changes to the boundaries and then to process the zoning case. BACKGROUND: Council considered the procedures for preparing Appendix A and appointed a task force at its August 2d meeting. The Task Force hap now finalized a working intensity map which is scheduled for Planning and Zoning Com- mission on September 11th for a final recommendation to Council. IE adopted, the ma will p provide the basis for processing zoning cases in the Interim period before the comp)etion and adoption of Appendix A. I PROGRAMS, DEPARTMENTS OR GROUPS AFFEC'CED: N/A f FISCAL IMPACT: N/A i 4,Respely su t ell Prepared by: city Manager U41 . Lud Urban Planner Approved: r yFr nk He Robbing AICP Executive Director for Planning and N velopment a: I A C1ryofDEWON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817)566.8200 r MEMORANDUM Date: August 31, 1966 To: Mayor and City Council f From: Frank Robbins, Executive Director for 1 r Planning and Development Subject: Status Report: Appendix A Task Force ' At its meetings on July 19 and August 2, City Council considered the procedures for preparing Appendix (DDP), Appendix Awillinude the delineationoofDintensitytareas and a standard methodology for calculating intensity numbers. Three options were considered: O lion A 1. Adopt the DDP and appoint Appendix x 2, Planning and Zoning Commission and CitysCouncil.review and adopt intensity area boundaries, 3. Planning and Zoning Commission and City Council hold public hearings regarding zoning cases (15 weeks to ( process zoning case), ~Y'~ 0 lion B i Same as "AI' except that the intensity area boundary and the zoning case appear a ' on the same P 2 a a • t (9 weeks to process zoning case), 6 and CC agr .i on C f a Delay adoption of Plan until Appendix A is completed, Council gave staff the direction to follow Option "B" with a new I variable that the Task Force complete the intensity area boundaries first before the methodology and the data. The Task Force held " three meetings in August and finalized a working intensity area ' r r map, The map is scheduled for P4Z on September 14 for a final # recommendation to Council, If adopted, the map wil] provide the basis for staff to analyze zoning cases in the interim period kI before Appendix A is finalized and adopted. II ~ r 1y ',f i .y c I v f Meiaoranuum to Cu Appenuia A 'iask hUrcc August il, 1y68 Page 1 P We are now suggesting that Council proceed to set it date for a public hearing to adopt the Denton Developaent Plan and also to adopt the working intensity area map at the same time. With the adoption of the Plan and the map, it will take about 8 weeks to process most zoning cases. however, if a problem of boundary or intensity calculation is identified around analysis of a zoning case, consideration of different boundaries would be made at meetings prior to consideration of the zoning case. In these rases, it could take up to 13 weeks to deal with a zr.ning case as the Task Force will need to review the specific intensity area and make a recommendation to P$Z and Council before the zoning case is processed. If this procedure is satisfactory, we will be prepared to review the proposed intensity area map with the City Council on Tuesday evening, ran o ns, CP ab ~ f i r a :6 T i C I Fri r I i j r ! ! I -f I i 4. I1 n f1~\ l~u~ ~e v■nt■ Avenue NW Mors Da PY1W. F INUm. tl•6 Canclw.I Wid. Main, 20~ August 22, 1988 IM826W ( ) 3w3 U„„~0e, a Mow, Pw na, Max.. G Y 0 N P7 swwut Vito 1nlaar i CITY MANAGERS Ok P;E Ma0la" M.pf. FI. 1114, A.u + .1'n.N.1 Ap 0142411 To: Mayors of Direct Member Cities Caft Dan..r. Cava" Froml Alan Beals, Executive Director Guek-4t i E.a.M.v Rn.Iw Alan Basis Subjectl Designation of Voting and Alternate Voting Delegates, Annual Congress of Cities, December 3-7, 1980 Boston, Massachusetts Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to twenty votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting of the Congress of Cities. (See table on reverse side.) This meeting will begin at approximately 10130 a,m., Wednesday, December 7, 1988, in the Hynes Convention Center. (Please consult your convention program at the Congress of Cities for the exact starting time and place of the meeting.) To be eligible to cast the city's vote, each voting delegate and alternate voting delegate must be designated by the city on the attached form and the form forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, an official of the city, properly designated, must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with National Muniei al Policy and Resolutions materials prior to the gress a C t es, we ask that you return the WHITE copy of the completed form to NLC on or before October 3, T§ W. A pre-addressed envelope is attached. Upon receipt of these names, NLC will also send each voting and F alternato voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast the League vote, please forward the TELLO copy of the credential form to your state league office and keep the PINK copy for your records. Attachments Art 1111"14: fan •1M. Mop.. La Mwin, Cr'.xrw • 11 C*Wo% M.pr, SM. Anion.., %nu. "L. Na1"am May&. Sco lry Noth Noah CA4ma . WMIMn M. NuMU, M. MoFa, Ir4nO ll.lr. hwlaa. boa~rS•Oa 1at111r, Mrya, St NO LAmmsM- Wnry W. M1w. Maps M,MIuW, Wiuon4n. JLW. M. AonWA Mryw. No*W NwrA Vqm~.. John Na..M 4 M.pr 5....wn, Gold - CMh. NFIM. MM• a.m. W..Mlplon . DawO. Y. wnwke, M.pL CNMIMp, Qhq. D.vabro: a •onnow" Mapr. N.. C.IaaM, Leu,mMa • A. awl. GM' Andn.osn A.M4- o e, Own,". • ft n1., D.atlw, MMy4n0 MOCIA1 la.Dua . N1 CW*J Co Amd AM 6M N w Cai/anulh N&V 1.IA, C Mwn.fl AM". Map(CCA, SoultCvama Moroi, 0 , Fntng" . 1a-ad C Fan", I-NOIA d.Mw. Nao hp.ll CanN1m, a M.pn . *$W NnMI CantMn mM., LN Am, Caftn'l • Jan I.0.1d . G told, 41kw, UM pAAA Lo 711, 1 0141 , [WOW [WOW al-I&Mh. . •o I oe Cnn. a %am . 1. AM1 DnM Map,, Fun Jan", Nw %4 • Clanr. L Moat, MAP sing lam, . oam h". Cwncmoffib n ` I..t.nua Dw.c.a Norm Ca4n. L, a Cities • bYFN A n,d 0 CNh LiMtaa Iowan hmem.A. kwda 91Mnnn Ml , Afle " SI.C11uNUNI1t. . eaW JoAnbn, a•u, A. LaMI, jffl , N r)1o Yhn a &we AMr..a M.,ol m. L% 04"a ltmln Swh ank D.NA. Avis ll b g, O.r *M K Aed n, of. C In I mdoi . 6M CMr0 Fans Cwanlm.mAM, E MIrM, YVftw. Ai a Losigo of Int. • IWAA G Raboft • Dam 6 , IM./i Maal, Mha. Duna Al on . J.M N, ■s kmom Ceuntd O 4Tmo ama , A..f Asa Ilopwnll Amm.n mw Faro Plem . a Nnal - 004"d loon". CCourMMM1 MA.., W. Sa.n4 4. wa Wah.vonn , It 10u4. 6NM5"0.. E.otunJMM.n D tamaMllmnM, SI Nutiwwf. , . FwM a T . .a. • s i445 an . JoMM A. ' Amm~.. Mwhtrr l.apu. 4 1 1. G 6, 1NIn.1, Mop. F F,o ro rym. Lye" 4A, North G.a,M . Jams waMMA,. lututl.o P.oana. A..a-lor1n a Won. Ciho. National League of Cities Annual Congress of Cities Number of Votea - Direct Member Cities ;i Artiole IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities f City Population Number of Votes i Under 50,000 1 vote 50,000-990999 2 votes 1o0,0oo-1990999 4 votes q. ' 2000000-299,999 t votes 300000-399099 8 votes 400,000-499,999 10 votes 5009000-5999999 1? votes 600,000-699,999 14 votes 7000000-7990999 16 votes 8000000-899,999 18 votes 900,000 and above 20 vutes Notes Member -sties are required by the Bylaws to cast unanimous votes. :e i K V =11 E ft-11 It i I ter` i i i I i 1 - - - - - - - - - - - - - - - - r North Texas Higher Education Authority, Inc. 201 E, Abram, Suite 750 Arlington, Texas 76010-1196 (8171265-9158 August 18, 1988 9 025ft Honorable Ray Stephens ALtNAGERSOFIrCE I Denton City Council r City of Denton 215 East McKinney Denton, Texas 76201 Dear Mayor Stephens: At Its August 18, 1988 meeting, the Hoard took action to nominate individuals to Places 2 and 4 on the North Texas Higher Education Authority Board of Directors for the October 1, 1988 through September 30, 1990 term. The incumbents, Mr. Governor Jackson - Place 2 and Ms. Neta Stnlltngs - Place 4, have expressed a willingness to serve another term; therefore, their names are respectfully submitted for the City Council's consideration for re-appointment. I will very much appreciate your notifying me of the action taken by the City Council on the nominees. Please extend our continued thanks to the individual Council members for their support of the Authority and its activities. Sincerely, i Gov rnor Ja1S4ckaso President `e GJ/bmc i tir . I I i 1 1 i 1 I 3 i i~ 1 i .t AI iI I I' r ~ DATE: 09/06/88 3g 3 CITY COUNCIL REPORT FORMAT t TO: Mayor and Mimbers of the City Council FROM; Lloyd V. Harrell, City Manager i SUBJECT: PUBLIC REARING AND ADOPTION OF AN ORDINANCE FOR Z-88-011 RECOMMENDATION: Planning and Zoning Commission recommends approval. SUMMARY: The property is located in a low intensity area. Agricultural zoning is the most restrictive of the classifications in the zoning ordinance. The property is five hundred feet wide and follows the i Elm Pork of the Trinity River in some locations, i s ° BACKGROUNDS j ~ Property was annexed by the City on October 1, 1985, in order to control water quality and development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Two (2) property owners were notified. 4 FISCAL IMPACTS No impact to the City for establishing zoning on the property. Reepect y aub~ttt 7 Prepared bys Lloyd Harrell City Manager Cecile Carson Urban P1annor Ap W1 S Q6N' Frank H. Robbins 3 Executive Director for Planning and Development 0876e i A.t ice. , a u a d I t PLANNING AND ZONING COMMISSION RECOMMENDATION i i To: City Ce)uncil Case No. Z-88-011 Meeting Date: September 6, 1988 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, TX 76201 a, Status of Applicant: Municipality Requested Action: Establishment of the Agricultural (A) i zoning district. j I f 1 Location and Size: 115 acres located near the Elm Fork of the Trinity River. 4 Surrounding Land Use and Zoning: North - Agricultural land, and Lake Ray Roberts South - Vacant, agricultural land { East - Vacant, agricultural land West - Vacant, agricultural land Denton Development Guide: Outside original boundaries, Low Intensity Area. SPECIAL INFORMATION E f Transportation: No public roads access the property. v Utilities: No city utilities, water, sewer, or electric, are located in this area. Drainage: The property includes the Elm Fork of the Trinity River. HISTORY The City of Denton annexed the property on October It 1985 in order to control water quality and development. 1 ,F ( (Case z-86-011) t Page Two ANALYSIS The property is located in a low intensity area. The predominant land uses are agricultural and residential. Low intensity areas j are the primary housing areas in the city. With a trip gener- ation factor of 30 trips per day per gross acre, the property would use less than its proportionate share of intensity. The site is a considerable distance from the urbanized area of 1 the City, and municipal utility lines are not expected to be extended in the near future, The property consists of a 50D foot strip; therefore, the most logical zoning district classification would be Agricultural (A), This land use would be consistent with the low intensity policies. RECOMMENDATION Planning and zoning Commission recommends approval by a vote of 5- _I J ALTERNATIVES I 1. Approve petition 2. Deny petition ATTACHMENT 1, Location Map 2, Reply Form Totals 3. Mailing fist 4. Minutes of the Planning and zoning Commission meeting of July 13, 1988 2247a 1`[r 3 I f j , I I I I z 8s-011 MOUTH { ro A. . ' PlkrlYYfV IP 1w[. .,.V 1.. 1 „r Aft 1 M r at7 e } 1 . rCA r:fLOt1 WI A21 MI If Ae lOf4 41(h n rlwJ,( f. rh•/ta J If4 N■RMO MAN • Al{t ~46 . , r Iii ~ewl M C1 Ae" r • Cri Pl 1i 1 At r1 Nt4 rut I ( r9t4 : IJ6 u. a , .A*,,.M L F { • • 'r 4 aN / A' I ~YF {N ry 9 1 r { Jl/4 fJ 4 !•+,'r1Y W C ~iCf 4, r, A4W4r ~cheti r>~ i •JM FAR.[ I`[ 1 r Lv>v ° i-► i a4 r 1 1 c.'.r. , q 1 rN cOr^dA /rrrn r Y rJ 4 q~l A, ♦ _ ,y `l CARP FRANC'/ 1 P M j~ r as A, A 9411111 .r J riANM Mlfr'NI ✓r A 1 GAR. FR M61. © Rf Ar A I If. 1 pMc y 0016 A, I , j r 7 rAcrJ 911 lRArx LLNYLif OA , j C A!A ryr 0 ALL JspA 1A1 Nb• gill 1 /O A, 7 04 A. t 1 llr7 AMN A, l/ 7AC A .403 AC ft ♦Porte j 1011 Ac R I• IR t lC a. .f. i+ t(1' IYNY4 13 " N" 1 r r r = i A XM;L7t II A. OYJ1#44, it A : • A, V \ 14 M!r NAYNAM L 4 ; l r1I y 0A.4,06a _ 41 l At \ Yr ryr`` RI 1r4lx A14Mxay ~,L r/6A, If. AOFNICM J4 4 ray0/ K.J4 u 1.4 ' y A n S , © L74 raw CA440 6 • r n OMC Jo4 Irr AI MART 4AN414 r ~y r711.~ A. !111 4 w aIN S 'If r. /CMN'S !LOAM M /'A41 ISO AA J• ad 44, IAMr#,p C r lrr Or CALLAI fl J4 Aft 11 ' •Y • 6 ' j b 0 1 r+r1 \ fle to At RR MM n 4A p 1r~L1{Il ,*I I' cN nRRu 1114 Ulrr1 w4j" turf or OALLAf I r . ^140's M ! 111111 r/ 4404peerr 604 AA ! ` . /14 M 1 6 It 4 s /I A. r 1/L/w M/ 0. /ILL I ] y 1 , A It O+ reel A. 1 J N,/4 y,/ N4 ! +y r: x/ ago too 1 $ ° ~y NIY Led J~M1I/ 4 AN 1 II •A. 'A ,7! 4 R f+Y' JA/.cAro-f R r 1 u tr,; /1,I r p R II/M•J fi -ii CrrW o.LU~ L i 1 Ar 4 111 1 ALAN c RNA, J11 a. R Ir[I AA NN ► M4 r.~Nrr ~ 'a4 r of a.Ai b 4 s r rF!ir r ur. r. fl/rf /IAI ~'111/ !p TRFCf r. :ti Sta L ArAOra 141/.1 111 :1 Inl r JM If HA M.' IY.I All Llr/ rA f~ I. 'lV rl b r.. 6114 N74 1 O hA4 Oa Ur 11 'Otto.-1. III*AM /r/ AI I PROPERTY OWNER REPLY FORMS I CITY COUNCIL Z-80-OI1 IN FAVOR IN OPPOSITION - UNDECIDED Frank Martino P.O. Box 2306 None Received Denton, TX 76202 a- 9 i s s { R 3 J f 1 i T : vfulYS S so - Gr f k of r Vstra5 1~4~r1 G 4ecyclm, ltiAO t'1b#~`rlfa Ass ~ icxas, %U i Frawk N. r1ar~~na 90 sox 23~ i 14 f ~ d 1f Ct, r~ 1 ry 0 j t .pi f..$ t f. 1'6: Minutes July 13 19IS page She continued that the Subdivision and Land uses pment Argtulamtiinodns state that access to existing uses would be deere with ae request for a new certificate of Level occupancy. Ti,e regulations also stated that access to arterial streets should not be allowed, except when spectfIc criteria are met. Ms. Carson stated that in February of 1976, the Clty CounclI approved a 5peciflc Use Permit for the operation of two restaurants in the IS00 block of Eagle rrive, but an ordinance was never adopted, She said the propperty is located In a moderate intensity area. The area is currently 44 percent under the inten- sity standard based on land use and SS percent under the intensity standard based on zoning. She said the site had previously been used as a restaurant and no additional ' trip generation was anticipated, She continued that the moderate area was approxikately 650 acres in stye and was created based on the diversity of the existing Iaad uses in the area of the University of North Texas. The area Included the University, shoppplns centers, retall office, multi •famlly, and rest den ital. Ms. Carson sold that the Development Guide stated the tnter,t of creating moderate centers is that encouraging centers of activities should discourage strly commercial. The structure already exists on the site, She said the request for a zoning change was made since no ordinance e cies xisted for the artelnaI Specific Use Permit, The poll- I setbacksLeand signs,tandshould ofetheseeItemscurb werecuts. ewed prior to construction of the building or would be revlewed with requests for a butldin permit and/or a certificate of occupancy, M1. Corson added that no drainage require- ments were anticipated. i ` I PET1TIONERI Dale Irwin, 419 S. Carroll Denton, stated 71T-Fe-was the purchaser of the property and that he wished to see the bud ding with general retail status, he said the ordinance stated that If the butldiny remained i vacant for six ronths, the area would be returned to the multi•famlly toning, He add ed that this poned and he would 11ke the toning chanedstohgeneral retail (OR), ' hap IN FAVOR: None Present, OPPOSED: None Present. y AECOM3IENDATIONI No, Carson stated staff recommended approve , REBUTTAL; None Offered, h Chair declared public hearing closed. DECISIM Mr, Glasscock Poved to recommend approval of T-*d F-M . Seconded by Mr. kaeman and unanimously carried (S-0). B, 8 T t e .01 Consider making a recommendation on the petition ity of Denton to establish Agricultural (A) tonins o feet n approximately 115 acmes of land. The property is 500 U.S. Highwayd360gnear pea Elmafork of,thhe Tfeet rinity north River, i Ths property is situated in the J. Nest Survey, Abstra:t II No. 1331. i i l , it MrW f'. F6: ~Inutes July 1S, 198d Page S Two notices were mailed to property owners within 2u0 feet; no reply forms were received in favor or opposition, STAFF REPORT: Ms, Carson stated the property was located Tn A low -tensity area. The predominant land uses are agricultural and residential. Low intensity areas are the primary housing areas In the city. She said with a trip generation factor of 30 trips per day per gross acre, the property would use less then its proportlonate share of intensity. She continued that the site is a considerable distance from the urbanized area of the city, and municipal utility l The ines are not expected to be extended in the near future. most logical zoning tdistrict OcOlasfootstrlp; sitication twould obe A ggtrl- cultural (A), The land use would be consistent with ti:e low intensity policies, IN FAVOR: Non. Present. j OFPOSEL: Nrne Present. RECOMMENDATION; ks. Carson atat ed staff recommended approval. Chair declared public hearing closed. DECISION: Mr, Xseman moved to reeommend approval of "T_-M. Seconded by Mr. Engelbrecht and unanimously carried (S-0). C. 2.68.012. Consider making a recommendation on the petl- t ono the City of Denton to establish Airicultural (A) zoning on approximately 174 acres of land, The roperty ee t wide and highway1360bnearetheoUP. located fTeet rinity River. The property la situated in the W. Lobbs Survey, Abaft act No. 328, and the J. West Survey, Abstract No. I331. One notice was mailed to property owner within 20u feet; no reply forms was received n favor or opposition. STAFF REPORT: Ms. Carson stated that the City of Lenton annexe t e property on February 21, 1964 In order to control water quality, She said the property was located to a low intensity area, tripsuperrday per g rossnacrerwouldnusetlessfthanrits pro- portlonste share ct Intensityy. She added that the Agri- cultural (A) land use would be consistent with the low i Intensity policies. IN FAVOR: None Present. OPPOSED: None Present. RECOMMMENDA71ON: Ms. Carson stated that staff recommended approva Chair declared public hearing closed. DECISION: Mr. Glasscock moved to recommend approval of ?-,Tr--M . Seconded by Mr. Engelbrecht and unanimously carried (S-0). i 51 I i~ k; r. LLL E F ? 1 1 i N i 2421L No. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON ` AS St4"fE WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES~OF f THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 115 ACRES OF LAND LOCATED APPROXIMATELY 10,910 FEET NORTH OF U.S. HIGHWAY 380 NEAR THE ELM FORK OF THE TRINITY RIVER, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR AN AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE M DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE j DATE. WHEREAS, the City of Denton has applied for a zoning designation of an agricultural "A" district classification for 115 acres of land located approximately 10,910 feet north of U.S. Highway 380 near the Elm Fork of the Trinity River; and WHEREAS, on July 13, 1988, the Planning and Zoning Commis- Sion held a public hearing on the application and recommended approval thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use desi§na- tion app ca a to the property described in Exhibit A", attached hereto and incorporated herein by reference, is hereby zoned Agricultural A District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION II. The Zoning Map of the City of Denton, Texas, adoptP t e t day of January, 1969, as an Appendix to the Code 69- 0' das amended, the hereby amended n to Texas such under deOrdinance signation No. 1 District Classification and Use. SECTION III, That the City Council of the City of Denton, Texas, ere y nds that such designation is in accordance w com rehensive i I. P lan f Ch a p or the purpose welfare of the City of Denton, Texas,prandtiwiththreasonable con31deration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, pro- tecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. f i a t r SECTION IV, this or nance, orAfaip s rsoncoQ 1 shall violate a requirements thereof, s Y therewith or withrany of of thereunder, shall be guilty of a of apermit or certificate is the fine nut exceeding Two Thousand D misdemeanor issued person shall be deemed uilt ollars punishable by a and a every day g y of a separate0 of ense Each such j this ordinance or portion thereof during which an for each vi oor latiomitted or continued, and uponiconvicti)n the limits above. Persons shall be punished within ~ SECTION V. That fourteen days from this the date°ance shall se become effective its Secretary is hereby directed to pathe ssage, and the cit ocau ordinance to be published twice in the Denton Recaption of thi the official newspaper of the City (10) days of the date of its passage. cord Chronicles of Denton, Texas, within ten PASSED AND APPROVED this the day of 1988. j RA STEPH t R F d ATTEST: P t E IFER WALTER , riT SE RETARY ~ s APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: M(1 , t Z-88-011/Page 2 1 c ~ ' EXHIBIT "A" ~ ' All that c ` ' l ~ ertain lot, tract or parcel of land lying and being I situated in the County of Denton, State of Texas, being psrt,of the J, West Survey, Abstract No. 1331 and more particularly described as follows: BEGINNING at a point in the present city limits, said lying in the north boundary line of said tract described tin Ordinance No. 86-25, saEd point also lying in the east boundary ~ line of a tract of land conveyed to Bill Lynch by deed recorded to Volume 607, Page 526 of the Deed Records of Denton, Texas; THENCE north along the east bounder in Volume 607, Page 516 of the deed recordsf to erect described ~ ~ north boundary line of the J, West Survey, Abstrac ppoint In the t No, 1331, THENCE east along the north boundary line of the J. Mast Survey, , a distance of 3,500 Eeet to a point for corner; TF(ENCE south a distance of 500 feet to a point for a corne ry THENCE west a distance of 5,000 feet to a point for corner; ~ THENCE south to a [ point Eor corner In the present city li~its; THENCE west along the Bald present city lialts to the place of ^ ~ # f , ~ beginning and containing 115 acres of land, more or less. I f I 4 R, 1 I! i 2- -88-011 1 f r: i s s 1 Y 1 ~ j !1 I T I f J i r ky ~ DATE: 09/06/88, CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council y FROM: Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR Z-88-012 RECOMMENDATION: Planning and Zoning Commission recommends approval. SUMMARY: The property is located in a low intensity area. The surrounding E land uses are predominantly agricultural in nature. Since the request consists of a 500 foot strip, agricultural zoning appears to be the most logical land use. i ~ BACKGROUND: f The City of Denton annexed the property on February 21, 1484, in order to control water quality and development. f i PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: . One (1) property owner was notified. 1 FISCAL IMPACT: No impact to the City to establish zoning on the property. Respe ully submit ed: f Prepared by: o arr 11 / Cit Manager Ck 4 Cecile Carson Urban Planner A v PP v a. Prank-E.-Robbins ]1 Executive Director for Planning and Development 0875e I I I ii r t P 9 E'- f I 6 PLANNING AND ZONING COMMISSION RECO14MENDATION ` To: City Council { Case No.: Z-88-012 Meeting Date: September i>98 f GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney 1! Dentoi, TX 76201 Status of Applicant: Municipality + ' Requested Action: Establishment of the Agricultural (A) zoning district. F I Location and Size: 174 acres located near the Elm Fork of the Trinity River. surrounding Land Use and Zoning: North - Agricultural land, and Lake Ray Roberts South - Vacant, agricultural land East - Vacant, agricultural land l west - Vacant, agricultural land Denton Development Guide: Outside original boundaries, Low Intensity Area. E SPECIAL INFORMATION Transportation: No public roads access the property. Utilities: No city utilities, water, sewer, or electric, are located in this area. Drainage: The Trinity property River. the Elm Fork of the HISTORY 't ;a _ i The City of Denton annexed the property on February 21, 1984 in order to control water quality and 9evelopment. } i 1 I' ' (Case 2-88-012) Page Two ANALYSIS r Fa1nul0nd e property is located in a low intensity area. The uses are agricultural and residential. Low intensityoareast e the primary housing areas in the city. With a trip genet- ` n factor of 30 trips per day per gross acre, the pro ert d use less than its proportionate share of intensityp y The site 's a considerable distance from the urbanized area of the City, end municipal utility lines are not expected to be , extended in the near future, h consists 1 foot strip; therefore, the mostlogical rzoning districta 500 classification would be Agricultural (A), This land use would be consistent with the low intensity policies, RECOMMENDATION i 1R ~I FPlanning and Zoning Commission recommends approval by a vote of 5-0. ALTERNATIVES i 1 1. Approve petition 2. Deny petition ATTACHMENT a ' 1. Location Map 2. Reply Form Totals 3. Mailing List 4 :Minutes of the Commission meeting of July 13, 1988 1 1 i 29969 r i Z 88-012 NO It TIM L' ~ ~ ' ~ as 1 R ...A. a n .rr A. J A..rxx[r wWY 420 AN At 1014 IlJ4 11 P a DA. Z A 'oAr' 9s 'ne ,4 r,t, RMOM/N . rt... f I. c"A 7 w Aa • ..4 'Y 424 A • Z1, ID. 4 a/r A n G urnwJ OR a4 FJt?a I . Ix..lrrw WIN, IR' 1Ja u• G " r[1 t ' . f..lR cal R l~ ~ • • A y1~V , AID .DDA(f h4xAJR0 A hAsm 94 it 1 . . CL. a. N I } XR CO r.[R. t/r[/A GARY rRA C S t ISO Ad. ?A At J * 3 GAR, /f.. p X01.0 MAI rW11r/,• \ IJ A. • CARJfn I NSA, 1 MfA. 'kA I /p. at rAAAR SCAY.rt A !i 0140, ArAU N!f : `pti'b•>'' q~ y I.f Ac ,eR b~W 41 YEWS ~~p'L'1 ya r~r Y Y j ' ♦ Y ry ♦ - P i 3 $ S• 1 • • 1 LDD°A, Y \ ' {D A. 1A. or1oP ntll ' 1 1. a ! ♦ RInY 1 JOIN, ' f7r[ANN REID 1. lrrA< f. l A• AR US, A. IYttyN I1 )J A. ly`Y • J Y V A SIC 0 ti .1 1 J II ii• R R A V . J x[ 4 AI i.1 r. 1 i At A rIJYM DA~IIi Nf ~i~ • i AYNAA \ ~ ~ ' rAt • 1 All, Al r:.R A PA A~ 1 tlA! RMi.D! MVf M;R LVINliR ~/aa• f i \ iit tAr ♦ 701 f At YAI°R OR At . ft IA chic Vic $f A. fNfI IDR CZAR I Y ; N!J . • it ' A[R M1Al xANJAw r> t . f SN[/BARD Sin.? t1MN lrDAc )Of l A, y i r..IAC Iq A. • r • S LAM/RJ MAP Y A'i CIrr D/ CALLA! a~? F rrrA< 451041 a~ pr? E; AJ AI Y 0 /RANII FA YrRA n , 40 ffr4a It n ' 1 tMh/Y 10 h rll #;.it No Lr ~J [ 144 A, Ar 14 /u. w 33 y] /rhH ,01 to 7 GI Tr Of GALA y I a r• MYRAt 1WInfr VV 3 lira • ~/.J 4 1 t f AI A. \ il! • 1. Ilu D. 11fa ~ s DY t I t ,L ♦,ha c. i.nllfR r P A A' V, 1 r ° 711 A. ' Q~ e l pt0♦` J4J C,7fAf 4 J • 1M1 RA. w F M Y ~tii::• brr WDAUaf ii4 A/lw CLR at Rtw1A.r All" I ~ rttl Al tJJ flA r x 6 ryA.n ° AS .R Ar ~ . r NA. I.A4 N.I. J r. JAJ A r. r[ 67A, w /y Y • 7Y n 11rW PRO' E fa.rv h i i a~ sfA4i I f t CAt t iN •r r 1 d ~ Jr 'I ti.r. ~Irl • R lr. f1 I'VE N ~~0 L ArnD,'p t. rR N #Ri~~ All. ~I " A\fIN UYJ Ar.I ~tu.n ~i.. UpAG i a tr.l A. r M ~ rV Lub. /.4 J r w "PA. It IAAR.Ir PROPERTY OWNER REPLY FORMS CITY COUNCIL ."2-88-OI2 IN FAVOR IN OPPOSITION UNDBC DED None Received None Received L` ,w i All { t i.F J ~J1 1 F J r t ! Xoqd4i NOl /N W Donlo 7 2o/ e4 /13fi~.S l c dy of r7allss 1400 1',~~Yi lla ~ lexls 7520/ P6. ~:nutes July 13, 1986 Page 3 s Two notices were milled to property owners within 340 feet; no reply forms were received In favor or opposition, STAFF REPORT. Ms. Carson stated the property was located h in a low intensity area. The predcainant land uses are agricultural and residential. Low intensity areas are the primary housing areas in the city. She said with a trip f gtneration factor of 30 trips per day per gross acre, the property would use less then 1[s proportionate share of Intensity. She continued that the site is a considerable distance ! from the urbanized area of the city, and municipal utility ! lines are not expected to be extended in the near future. The property consists of a SOO foot strip; therefore, the most logical zoning district classification would be Agri- cultural (A). The land use would be consistent with the low intensity policies. IN FASOA: None Present. OPPOSED: None Fresent. i RECOMMENDATION: Ms. Carson stated staff recommended {E approrM -f Chair declared public hearing closed. I DECISION: Mr. Kamman moved to recommend approval of Z I=- . Seconded by Mr. Engelbrecht and unanimously carried (S-0). C.! 2-08-012. Consider making a recommendation on the peti- ! [ ono the City of Denton to establish Agricultural (A) toning on approximately 171 acres of land. The property is S00 feet wide and 10,560 feet long located 390 feet north of U.S. highway 380 near the Elm Fork of the Trinity River. The propperty is situated in the W. Dobbs Surrey, Abstract N0. 32l, and the J. West Survey, Abstract No. 1331. One notice was mailed to property owner within 2OD feet; no reply forms was received in favor or opposition. STAFF REPORT2 Ms. Carson stated that the City of Denton annexe t e property on February 21, 1981 In order to control water quality. She said the property was located in ■ low intensity area, agricultural toning with a trip eneraton factor of 30 trips per day per `rose acre would use less than Its pro- portidnate share of intensityY. She added that the Agri- cultural (A) land use would be consistent with the low intensity policies. IN FAVOR: None Present. OPPOSED: None Present, RECOMMENDATION: Ms. Carson stated that staff recommended approval. Chair declared public hearing closed. D4001014: Mr. Glasscock moved to recommend approval of 2TI. Seconded by Mr. Engelbrecht and unanimously I carded (S-0). L i ,I I~ E 1 . I f 7 i y 1 i ^I~ 1 1 1 L (i 1 1 I 1 i f f Ir ' f 2422L NO. 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 DEv TONTEXASr BY ORDIV NANCE NO. 69-lo , AS AMENDEDr AND AS SAID MAP APPLIES TO 174 ACRES OF LAND LOCATED APPROXIMATELY 350 FEET NORTH OF U.S. HIGHWAY 380 NEAR THE ELM FORK OF THE TRINITY RIVER, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR AN AGRIC17LTURAL "A" DISTRIC'i CLASSIFICATION AND USE DESIGNATION; PROVIDIN(; FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City- of Denton has applied for a zoning designation of an agricultural "A" district classification for 174 acres of land located approximately 350 feet north of U.S. Highway 380 near the Elm Fork of the Trinity River; and i f WHEREAS, on July 13, 1988, the Planning and Zoning rommis- sion held a public hearing on the application and recommended app-oval thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Zoning Classification and Use desi~na- tion apcable to the property described in Exhibit A") attached hereto and incorporated herein by reference, is hereby zoned Agricultural "A" District Classification and Use under the Comprehensive Zoning Ordinance of the City ~,f Denton, Texas. SECTION II. The Zoning Map of the City of Denton, Texas, adopte t e t day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, as amended, is hereby amended to show such designation in District Classification and Use. ` SECTION III. Thal: the City Council of the City of Denton, E Texas, hereby finds that such designation is in accordance with a € comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the charecte of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, pro- tecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. ti i I SECTION IV. Any person who shall violate a provision of ` this ordnance, or fails to comply therewith or with any of the € requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a j 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 y this ordinance is committed, or continued, and upon conviction of any such violations such persons shall be punished within the limits above. SECTION V. That this ordinance shall become effective fourteen days from the date of its passage, and the City N Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. ' t PASSED AND APPROVED this the day of 1988. RAY h , KAYOR ' ATTEST: JENNIFER WALTERSO CITY SECRETARY APPROVED AS TO LEGAL FORM: j DEBRA ADIMI DRAYOVITCH, CITY ATTORNEY BY: VMS Z-88-012/Page 2 J v ~1 r F N ' I EXHIBIT "A" BEGINNING at a point Lying in the present city limits as described in Ordinance 74.56 Tr. II, said point lying 350 feet ` north of and perpendicular to the centerline of U.S. Highway f I 380, said point also lying in the east boundary line of said W. ` I Dabbs Survey, same being th1 west boundary line of the J. I Williamson Survey, Abstract No. 1418; THENCE westerly along said present city limits, 3S0 feet north of and parallel to the centerline of said U.S. Highway 380, a distance of 500.0 feet to a point for corner; THENCE north S00 feet west of and parallel to the east boundary { line of said Dabbs Survey, passing the north boundary line of said Dabbs Survey, same being the south boundary line of the J. West Survey, a distance of 10,060 feet to a point for corner; THENCE westerly 10,060 feet north of and parallel with the said present city limits to a point for corner in the east boundary line of a tract of land conveyed to Bill Lynch by deed and recorded in Volume 607, Page S26 of the Deed Records of Denton County, Texas; THENCE north along the east boundary line of said Lynch tract a distance of 500.0 feet to a point for corner, said point lying 10,560 feet north of and perpendicular to the said present city limits; 4 THENCE easterly 10,560 feet north of and parallel to the present city limits to a point for corner, said point lying in the east boundary line of the west Survey, same being the west boundary f line of the A4 Calvin Survey, Abstract No. 3C6; THENCE south along said lines, passing the southwest corner of said Calvin Survey, same being the northwest corner of said Williamson Survey, passing the southeast corner of said west Survey, sane being the northeast corner of said Dabbs Survey, continuing along said lines a total distance of 10,560 feet to the PLACE Of BEGINNING and containing 174 acres of land, more or less. 1 i 'i I Z- -88-012 } J F j f i 1 IUA I DATE: 09/06/88 I CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR 2-88-014 1r RECOMMENDATION: Planning and Zoning Commission recommended approval at its July 27, 1988, meeting, S MARY• The property is located in a low intensity area that is Predominantly residential. Single family zoning on 7,000 square foot lots would be compatible with surrounding and adjacent land uses. A single family residence currently exists on the site. BACKGROUND: C The area has developed with several types of land uses ranging from single family zero lot line to church and neighborhood service (retail) uses. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, Eight (8) property owners were notified, PISCAL IMPACT: No impact has been established. RPrepared by: City Manager Cecile Carson " Urban Planner AppSoV di Frank H, Robbins Exer6.tive Director for Planning and Development 0874e j I i I i f PLANNING AND ZONING COMMISSION RECOMMENDATION yy R f To: Denton City Council Case No.: Z-88-014 Meeting Date: 09/06/88 GENERAL INFORMATION Applicant: Metroplex Engineering Corporation 1123 Fort Worth Drive Denton, TX 76205 Status of Applicant: Engineering Representative Requested Action: Zoning change from the agricultural (A) to the single family - 7,000 square foot (SF-7) classification. Location and Size: The property is 2,074 acres located approximately 525 feet west of the intersection of McKinney Street and Bellaire Drive. Surrounding Land Use E and Zoning: North - PD-6 for 6,000 square foot lots South - Agricultural East - Agricultural, SF-71residentia West - Agricultural Denton Development Guide: Low Intensity Area 26 SPECIAL INFORMATION j Transportation: McKinney Street is a primary major arterial. No driveway approaches to McKinney Street will be considered. j Sidewalks will be required on both sides of all streets. Utilities: An 8" water main exists along McKinney Street. Fire hydrants will 1 be required to meet spacing and cover- age requirements. A 10" sa.itary sewer line will provide ser;ice and pro rata charges will be required, Electric service is available and will be connected to lines on McKinney Street. 1 C (Case Z-88-014) Page Two SPECIAL INFORMATION (Continued) Drainage: Substantial drainage improvements will be necessary. The Master Drainage Plan shows a major drainage system located along the west boundary of this tract. The property is the lowest property in the basin. ANALYSIS The property is located in a low intensity area which is 54.4 under the intensity standard based on land use and 20 over the standard based on existing zoning. The single family zoning on 7,000 square foot lots would produce approximately 47 trips per day per gross acre: therefore, the request is for less than a Y proportionate share of intensity. Also, single family - 71000 square foot lot zoning classification would be considered the least intense, most logical land use based on the surrounding land uses. A single family residence exists on the property. Low intensity areas are the predominant residential areas in the City. The proposal does not violate any policies of the Denton Development Guide. RECOMMENDATION Planning and zoning (ommission recommends a by a vote of 7-0. pproval of Z-88-014 ALTERNATIVES 1. Approve petition 2. Deny petition 1 ATTACHMENT 1. Location Map 2. Reply Form Totals 3. Mailing List 4. Minutes of the Planning and Zoning Commission of July 27, 1988 0853e 1 f r ~ V 88-014_ i 1~ •r • it i~ O j I BJTEt C t I ~ t s { N N Y N • • • N N I ~ • O ru__ j O f • f; 1 np 1 r 1 `1 •1 1 1 1 = Q f i t I I'. 1 1 I E 1 7iL1' i L = T 1 3 f 'N 1 a' T • ~ j 11 ff i t : i ii i~~ yy ~ Y -1 w.v w I 1 i PROPERTY OWNER REPLY FORMS CITY COUNCIL j Z-88-014 .i IN FAV)R IN OPPOSITION UNDECIDED Ethel Walker None Received C. R. Lincoln 707 Ruth 2605 E. McKinney Athens, TX Denton, TX tom; p ri i j 1 t. , , -r Sj I z i f ~ z as ay ZJ /s7 MY$ A,. 2so, t?ew rs t0N.i3 Sr AL. Zs0/ E. rl eltlmuo e DewAwi f ~ LoT r/E / 7/. ///3'7 o /~i . (ZS7S E. h'K.~ lei E~ 1V7~~cCf' 909 l2tr1S + lafh~iis , Th. 75751 7d I'8'7 9'.olb Ae. Zvi E.1/.it L e l5.11&7 /l.ao3~e. ~uuk.) 4iy wade a. Dwow 7 S.,c 37 T~?w►j~bn , Tx . 7JvsoS ~ ~ 2h/ray 3. ~a ~z~os E. n4c.~ Sri Ty~c%rr~/ f~+~,T ..sots 40 00%4%. 14o5 hoc. ' R y(~, rX. 7&Z24p M (-•f /o.i /~uw~y ~s,} the sf• Tom (Apim N d~ fr/5 E,ef sft~me l I~+1on YX jt020/ f f Ul1l91A (NA) I'111►'n'/N /Yo►liM ~4NS~~OiI l• 2206 d/. ask ZW a eef 1 Sk f ~?nsh gdd. Zbnsld G. Sclia+rd~ ~~ax ~iNrp t t, f~ 30t a ~JFir~ y braek 1~i1(~s r'rr• 7S23Y i j :lnutes Planning ana oning L06C,issfon July 27, lvb6 i The regular r,eeting of thv 1,lanni:.g duo coning Cumoisslun of the l City of ben[on, texas wa; meld on Yiednesday, July 27, lbbb, at i:UU p.m., in the Council Chamber of the Municipal building. Present: Euline Erock, Jim Engelbre ui[, lvan Glasscock, Judd Molt, %illiam Ramman, Etha liker, and Fran A,organ i Absent: None Present from Staff: Prank Robbins, Executive Director for Planning and Lev elopment; LIitabeth Evans, Planning Administrator; 1 Cecile Carson, Urban Planner; Joe Morris, Assistant City Attorney; Jerry Clark, City Engineer; Lee Allison, Senior Civil Engineer; Rene Baker, Civil EnBlneer; Chris Smith, f Administrative Assistant; anc Lonna baker, Secretary Vice-Chairman Euline Brack called the meeting to order. 1. MINUTES: It was moved by Mr, Holt, seconded by Mr, Engelbrecht, and-unanimously car tied {6.0) to approve the minutes of the regular meeting .e June 22, 1988. i Mr. Aamman arrived. Ms. Brock stated tb:t the petitioner of Z-88.014 hz i requested to have the case presented before the other pvb is hearings and asked if it was agreeable with the Commisstr;,.rs. The Commis- stoners agreed that it would be suitable. Mr. Holt asked that Z-88-013 be presented before 2.1861. The Commissioners agreed. 11. Public hearings A. r 2-88.011. Consider making a recommendation on the petition o eetroplex Engineering Corporation requesting a thanle in toning from the a ricultural (A) to the single family•,000 square foot (SF•7) classification. The property is 2.074 acres located approximately S2S feet west of the Intersec- tion of McKinney Street and Bellaire Drive. The property Is more fully described in the M. Yoachum Survey, Abstract 1442, If approved, the property may be utilized for any purpose in the SF-7 category. Eight notices were mailed to property owr.ers vithin 200 feet; one notice was received in favor, none t,i opposition, STAFF REPORT: Ms. Carson stated the property is in a low n ens ty area that is Sl percent under the intensity stan• Bard based on Land use and 2 percent over the standard based on the existing toning. She said single family toning on 7,000 square foot lots would produce approxi- mitel,v 47 vehicle trips per day per gross acre and the request was for less than a proportionate share of inten- sity. She continued that single family 7,000 square foot lot toning classification would be considered the least intense, most logical land use based on the surrounding land uses. A single family residence exists on the prop- erty. She added that the area has many S,S00 • S,oLO square foot residential lots and the area is predominantly residential. Ms. Carson said staff was concerned about drainage and a drainage study would be necessary during the platting process, The area does have adequate water and sewer utilities. , ti P92 Minutes July 27, 1598 Page 2 PETITIONER: b d Hauptman, Metroplex Engineering, stated t a would answer any questions that the Commission may have. i IN FA1'OR: None Present. ` OPPOSED: None Present. 4 RECOriMtM1VATION: Fts. Carson stated staff recommends approval o 7T88-014. REBUTTAL: None Offered. 3 Chair declared public hearing closed. I1 DECI510N.' Mr, Glasscock moved to recommend approval of l T6T7, Seconded by Mr. Kamran and unanimously carried I c7-a). B. 2-88.013. Consider making a recommendation on the petition i of-RMB,,'Inc. requesting approval of a planned development and concept ,Ian on property currently toned planned Devel- opment (PD-126) and agricultural (A). The request .,:hides approximately 867 8 acres of property located south u. J.S. Highway 380 along Trinity Road and Lake Lewisville ami ex- tends approimately 2,400 feet south of FM 426 (East Mckinney Stxreet). The property is more fully described as Ma ppart of the Moreau Forrest Survey, Abstract 417, and the Mil'ism D. Durham Survey, Abstract 330. If approved, the following land uses would be permitted: Single Family - 10 I71.U acres with a density of 3.2 units per acre Single Family - 7 226.8 acres with a density of 4,3 units per acre Single Family Attached 64.4 acres with a density of 10 units per acre Cluster Homes 88.1 acres with a density of 8 units per acre Multi-Family 59.8 acres with a density of 2S units per acre Office - Mot acres Neighborhood Service 12.0 acres General Retail 49.7 acres Light Industrial 3S.8 acres Community Facility 10.0 acres School/Park 30.2 acres Park - 14.3 acres Right-of-way `l - 673 acres Twenty eight notices were called to property owners within / 200 feet, one reply form was received In favor, and one was received opposed, t STAFF REPORT: Ms. Carson stated that she would go over a summary o changes in the concept plan that have occurred since the last presentation, Ms. Carson stated that in comparison to the density of the existing toning of 16 units to the acre, this proposal including moderate node areas is 7,2 units to each acre. The low intensity areas are 3.5 units to the acre. She added that the numbers did not include the right-of-way acreage. 11 1 J I I -LL LLLi. , f j i I a I A Mir y R, l 2433L L }w I i I I NO. 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 DENTONI TEXAS, BY ORDINANCE NO. 69-13 AS AMENDED, AND AS SAID MAP APPLIES TO 2.014 ACRES OF LAND LOCATED APPROXIMATELY { 525 FEET NORTH OF THE INTERSECTION OF MCKINNEY STREET AND BELLAIRE DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO SINGLE-FA.NILY "SF-71' DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $21000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Metroplex Engineering has app?lied for a change in zoning classification from Agricultural A" District Classifi- cation and use designation to single-famikq ""SF-7" district classification for 2.074 acres of land located approximately 525 feet went of the intersection of McKinney Street and Bellaire Drive; and WHEREAS, on July 27, 19880 the Planning and Zoning Commis- sion hold a public hearing on the application and recommended approval thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use deli$tna- tion app ca a to the property described in Exhibit A'", attached hereto and incorporated herein by reference, is hereby changed from Agricultural A district classification and use designation to Single-Family "SF-7" district classification and use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION II. The Zoning Map of the City of Denton, Texas, adopts t e t day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, as amended, is hereby amended to show such change in distract classification and use. TexagECTeOe yll.inde athatesuchychangei is io haccordance with ne comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, i I and with a view to conserving the value of the buildings, pro- tecting human lives, and encouraging the most appropriate uses of land for the- maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. Anyy pperson who shall violate a provision of this or nance, or fens to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such persons shall be punished within the limits above. SECTION V. That this ordinance shall become effective 1 + fourteen days 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 Denton, Texas, within ten F (10) days of the date of its passage. i PASSED AND APPROVED this the day of 19884 i RAY STEPHENS, MAYOR j i i ATTEST: " JENNIFER WAL'fE , MY SECRFTARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. y 2-88-014/Page 2 I 4 i i i i EXHIBIT "A" 88.0095 I FIELD NOTES Commencing at the northwest corner of the Intersection of McKinney and Bellaire Drive; same being the southeast corner of Lot 1, Block A, of the first section of Eastridge Addition, as shown by plat recorded in Cabinet A, Slide 118, Plat Records, Denton County, Texas; Thence In a northwesterly direction with the north right-of-way line of McKinney a distance of 525.72 feet more or less, to the Point of Beginning, same being the southeast corner of the tract herein described; j Thence North 02 degrees 47 minutes 18 seconds East a distance of 532.58 feet to a point; Thence North 86 degrees 31 minutes 26 seconds West a distance of 177,44 feet to a point; { Thence South 02 degrees 47 minute. 34 seconds West a distance of 485.71 feet to a point; ' f Thence South 71 degrees 46 minutes 16 seconds East, with the north rlght-of-way of ' McKinney a distance of 1805 feet to the Point of Beginning and containing 2,074 acres of land, j i i• f S { I r I• i 1 p'1~ 11 z- -88-014 I MNWNWW~ I Try i i sl f~ fif f t i 1 I nn ICJ. DATE, 09/06/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROMi Lloyd V- Harrell, City Manager SUBJECT, PUBLIC kEAA'NG ON LOCATED PROPOSED ANNEXATION OF APPROXIMATELY 133 ACRES SJUTH Of MILLS ROAD, EAST OF MAYHILL ROAD, AND NORTH OR MCxINNEY STREET ADJACENT TO EXISrINO CITY LIMITS (A-55) a .I RECQ"IME ONr Staff recommends a make a recommendationoOnlThe Planning and Zoning Commission will September 28, 1988, SU_ M- MAAyt " On March 15, 19880 City Council east directed staff to ed information on the coat and benefice o f nnexat of tonprepare additional of Mayhill Roed and North of MCxinney Street, P he to consider annexation of the Denton Indep Property District cded alto and he City Council ,+adent School Roads and property to the west between Mayt,ill and Mc~cinney Street. Mills i BACXCROUNDI 2 Denton Independent School District Petitioned the Cit for annexation of 69,097 acres y of Denton Prod for ` school, Between 1983 and 1986 thepCity as the site ro a new high entirely surround this PropertY, The Y has annexed property to uses, agricUltural uses Property includes residential r and auto parts and salvage Yard, x a PA0.RAM3 DEPART M _OA GAOUP9yAF1_ E- CTEDj a f f Planning Department, Engineering Division and 28 property owners. k 'h A-55 September 6, 1988 Page 2 i i 1 FISCAL IMPACTi Fiscal impact will depend partially on the construction of the new high school. A 16' water line exists along the south side of McKinr,e" v Street and an 8' line along north side of McKinney Street. An 8' sanitary sewer line is located along McKinney Street, Exten- sion of utilities is not proposed in the CIP, however, the Utility Department estimates minimal cost if DISD develops the high school site. Engineering Division estimates 4300,000 to rebuild Mayhill Road (half of road is currently in the City linits) and $360,000 to rebuild Mills Road. Roads wo!ld not require immediate rebuilding. 4Resy ully eu bmi teds Har e ager Prepared byt 1 Cecilo Carson Urban Planner f Appr f Ov*jd AkH Robbins Executive Director for Planning and Development f 22818 `i r' i J ( 2420L i NOTICE OF PUBLIC HEARINGS E ON PROPOSED ANNEXATION i NOTICE IS HERESY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedin s to alter the boundar'Alf, imits of said City to add the territory described in Exhibit attached hereto and incor- porated by referenta herein, to the corporate limits of the City of Denton, A Public Hearing will be held by n before the Cit Co ncil of the City of Denton, Texas, on the grrday of 1988, at 7.00 o'clock P. M. in the C1 y Council C a era o t a Municipal Building of the City of Denton, Texas, for all persons ,t interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be i heard. Of all said matters and things, all the things and ratters herein mention, willptakennoticereated in A Public Rearing will be held by and fora the Ci y 40nc il of the City of Denton, Texas, on the da of 1988, at 7:00 o'clock P. M. in the t~unciI era t e Mu nicipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At as id time and ^ ice all such persona shall have the right to appear and be gieard. Of all said matters and things all persons interacted in the things and matters herein mentionedq will take notice. ATTEST: i, 7 ' IFER A•SS ci I ht t' 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 describe.: in Ordinance No. 83-134, said point lying 250.0 feet north of and perpendicular to the centerline of F. 26 y said point also lying in the west boundary line Kof nthe Street), 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 line of said Lot 2, Block C of said Morreau Forrest subdivision; { THENCE northwesterly 250.0 feet northeast of and parallel to the J centerline of said F.M. 426 the following 6 coureei and distances (1) north 630 54' west 367.951; (2) north 670 29' west, 368.66'; (3) north 700 370, 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 418.01; ( 730 10' west 498.13' to the beginning of a curve to the north having a raVus of 11,711.16', a central angle of 40 01' and a chord bearing and distance of north 750 10 west, 851.471; northwesterly with said curve an are length of 851.66'; (6) north 770 24' west, passing the southwest corner of said Lot 1, Block C and continuing for a total distance of 498.72' to a point, said point being the intersection of the southerly northwest corner of the tract described in Ordinance 8.1.134, with the east boundary line of the tract described in Ordinance 65-43, said point also l ying in the west boundary line of said Forrest survey and the eas 927, boundary the Min Ea north south public vroad Abst. known No. 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. So 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 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 i r~ A-55 t' I i 1 I EXHIBIT "A" (Con't) an east-west county road known as Mills Road, and continuing along the south right-of-way line of said Mills road and the north boundary line of said Brearley tract, passing at 609.0 feat, more or less, the northeast corner of sail Brearley tract same being the northwest corner of a tract conveyed from Thomas ` Wilburn Vaughn et ux to Thomas R. Brown by a deed dated May 4, II 1948 and recorded in volume 344, page 270 of the D.R.D.C.T., continuing along said boundary line and road passing at 933.510 more or less, the northea c corner of said Brown tract same being I the northwest corner of 1 tract conveyed from R. C. (Cecil) Vaughn et ux to the Jenton Independent School District by a deed dated June 27, 1972 and recorded in volume 649, page 178 of D.R.D.C.T.,~continuing along said boundary line and road passing at 1,540.961, more or less, the northeast corner of said Denton Independent School District tract same being the northwest corner of a tract conveyed from Lillian Mabry to Herbert McCurley at ux f by a deed dated February 25, 1978 and recorded in volume 876, page 743 of the D.R.D.CT., continuing along said boundary line and road passing at 1,96i.y6', more or lees, the northeast corner said McCurley tract same being the northwest corner of a tract conveyed from Doyle Griffin to A. M. Baker by a deed dated July j 8, 1964 and recorded in volume 510, page 560 of the D.R.D.C.T., continuing along said boundary line and road passing at 2,523.96 , more or less, the northeast corner of said Baker tract some being the northwest corner of a tract conveyed to Mrs. Berths, Griffin by a deed dated March 9, 1926 and recorded in volume 205, page 165 of the D.R.D.C.T. and continuing for a total distance of 2,944.961, more or less to the northerly northwest corner of the present city limits as established in Ordinance 83-134 and the northwest corner of said Meadows Addition for corner; THENCF, south Oo 10' east aloeg the present city limits, same being the east boundary line o E said Griffin tract and the west boundary line of said Meadows Addition passing at 465.0', more or less, the southeast corner of said Griffin tract and the northeast corner of a tract conveyed from Feank M. Estes et ux to the Denton Independent School District by a deed dated June 27) 1972 and i recorded in volume 649, page 180 of the D.R.D. . continuing for a total distance of 2,579.08' to the Point and Beginning and containing 135.0 acres, more or less, of land. 1 A-55 I ~ 4 I f " I G PLAN OF ShRVICE FOk ANNhAhD AREA* CITY OF UNION, TEXAS I J 1. Basic Service Plan { A. Police Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the 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 public water and wastewater facilities will begin within sixty (60) days after the effective date of la; the annexation for all facilities required to be maintained by the City of Denton. ' D. Refuse Collection The same regular refuse collection service now provided within the City will ba extended to the annexed area within sixty (60) days after the effective date of annexation. { E. Streets 1. Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.), i will begin on the effective date of annexation. 2. Routine maintenance on the same basis as in the present i City, will begin in the annexed area on the effective date of annexation. 3. Reconstruction and 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 I 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 affective date of annexation. I r~ ( I f Service Plan Annexed Area Page 2 Planning and Zoning The planning and zoning jurisdirtlon of the City will j extend to the annexed area on the effective date of j annexation, City planning will thereafter encompass f { the annexed area and a zoning designatiun for the property will be established, H. Street Lighting Street lighting will be installed in the substantially developed areas in accordance with the established policies of the City, I, Recreation Residents of the annexed area may use all exis •,g recreational facilities, parks, etc., on the (o ective date of annexation. 1'he snme st,ndards and p ties now used in the present City will be followed in -f.)anding the i recreational program and facilities in the a .:rged City, J. Electric Distribution The City recommends the use of City of Denton for new electric power. K. Miscellaneous Street name signs where needed will be installed within approximatel) six (6) months after the effective date of annexation. 11. Capital Improvements Program (CIP) The CIP of the City is prioritized by such policy guidelines as: A. Demand for services as compared to other areas based ` partly on density of population, magnitude of problem I compared to other areas, established technical standard kkk and professional studies, and natural or technical re- s straints or opportunities. B. Impact on the balanced growth policy of the City. C. Impact on overall City economics. The annexed area will be considered for CIP in the upcoming I CIP plan. The annexation area will be judged according to the same established criteria as all other areas of the City. V ANNEXATION 55 _ OATH L i ~ Mwr s~o 1 ~I iu~ • I I I ; 1 I 1 1 I I ' f ~ I ,t , t r , i ANNEXAIION SCHEDULE A-55 v August 2, 1988 City Council sets state, time and place for public hearings r August 26, 1988 Notice published in Denton Record Chronicle for Eirst public hearing September 6, 1988 City Council - first public hearing September 9, 1988 Notice published in Denton Record , Chronicle for second public }earing ' September 20, 1988 City Council - second public hearing r September 28, 1988 Planning and 2cning Commission makes recommendation "October 11, 1988 City Council institutes annexation October 14, 1988 Publication of ordinance in Denton j Record Chronicle November 15, 1988 Final action by City Council R Special called meeting f y i i bl t i 1 i f 1 ;t 0923E 7 i NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION I. That the following competitive bids for the construction o public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as bein lowest responsible bids: 8 the BID NUMBER CONTRACTOR AMOUNT Yfgaa6 8L69,0 519 - 77 - I SECTION It. That the acceptance and approval of the above compel t ve s shall not constitute a contract between the City and the person submitting the bid for construction of such J Public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to { execute a necessary written contracts for the perfotmance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above compet t ve s and the execution of contracts foi the public works and improvements as authorized herein, the City Council I hereby author'-es the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of 1987, { f RAY 3 1 MAYOR CITY OF DENTON, TEXAS ATTEST: 3ENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS by: _ PAGE TWO f DATE: SEPTEMBER 6, 198 k CITY COUNCIL REPORT TO: Mayor and Members of the City Council r ` I FROM: Lloyd V. hlanell, City Manager % SUBJECTr BID 1!9886 BOLIVAR STREET 8" SANITARY SEWER, PAVING & DRAINAGEIMAGNOLIA STREET PAVING do DRAINAGE 1 RECOMMENDATION: We recommend this bid be awarded to the low bidder Sunmount Corporation at $593,542.11 for paving and drainage and $73,977.60 for sanitary sewer construction. I SUMMARY: This bid was sent to our regular list of vendors and contractors. We received only three complete bids. The low bidder on i bath projects and also on the combination was Sunmount Corporation. i We then are recmTnending that both projects be awarded for the total of $669,519.71. BACKGROUND: Tabulation Sheet. Jerry Clark Memo. i PROGRAMS. DEPARTMENT OR CROUPS AFFECTED: Streets and drainage bond programs, utility Improvements, and the citizens on Bolivar and Magnolia Streets. FISCAL IMPACTt Street and Drainage Bond Fund and Utill,ty Improvement Funds. There is no additional Impact on the General Fund. Respectfully submitted: V// w o V. Ha%ell City Manager ' Prepared by: T~SLL jle'!:URCMiING AGENT Approved: G 191flebil PURail NG AGENT 1 I N I I i . I I 1 BID 1 4096 1 1 1 1 I • ................I I I I I Bl@ TITIE BOLIVAR VW! TART SEVER I JA60E 1 001 MOORE 1 SUNMOUNT I I I PUBLIC I I CORPORATION I t - OPEREI AU6USf I1, 1468 I i I I 1 ~I ................_I t I 1 I ACCOUNT 1 621-110-1471-4416 I i I I I ° - ......................1..............1...._.........L.• ° ° I__............1.. ! I I S I i 1 I @TY I LIEN DESNIPIION i YEW I VENDOR I VENDOR I VENDOR - i I .......1 t......_. I 1 r : I I I LOT IIOLIVAR 6 MAGNOLIA PAVING t 612,587.65 1 661,137,64 1 545,542.11 1 I t 110 DRAINAGE I I 1 1 I I I I I I I ! 2 I LOT IKLIVAR SANITARY SEWER I 111,314.51 1 111,451.72 1 73,927.61 1 t t l I 1 r I I t I t I ITOTAL 1 7121417.35 1 771,584.36 1 664,519.71 1 I I I r I I t 1 1 1 I 1 I 1 I 1 I till KNO I YES I YES I YES I I I 1 I I : 1 1 ' I I 1 1 I 1 I I j~ I I I I 1 1 t I I y I I f I' . f r I ~ece~vLu,~uc r ~ rsae i CITY ofDBNTON,TEXAS MUNICIPAL 81NLOING ! DENTON, TEXAS76201 / TELEPHONE (811) Sc6-8200 MEMORANDUM , i I DATE: August JS, 1988 TO: John Marshall, Purchasing Agent t FROM: Jerry Clark, City Engineer SUBJEC Bid 09886 i ' The bids received on August 11, bidder 1988 were very good. Ti,.,, low was Sunmount Corporation with a total bid of $669,519,71. The Public Works portion of the contract was $5950542.11. The allotted funds deducting engineering charges to date still total $600,000. entire Funds are adequate to do the project. We have worked with Sunmount in the past and highly recommend their work. ~I Please process the bid through City Council for a F soon as possible. pproval as 1 r Y r . OS63E i ~ r -d o~ tni n r, r ti V { 1 i I t Fu IF t E r i {II e. Vii, r7 I i E J 4 TI I t 2445L NO. AN ORDINANCE GRANTING A FRANCHISE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDING FOR A FRANCHISE FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF; i PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN E EFFECTIVE DATE. 4 WHEREAS, the Charter of the City of Denton requires any person or corporation making use of or occupying any City street, right-of-way, or public grounds to receive a franchise for such use or occupancy; and WHEREAS, by Ordinance No. 83-86, Acme Brick Company, a Texas Corporation, was granted the right to install, maintain, and operate a natural gas pipeline within the street right-of-way of the City of Denton until July 1, 1988; and WHEREAS, Acme Brick Company has requested a renewal of its franchise right to maintain and operate the existing pipeline within the right-of-way; and WHEREAS, the City Council of the City of Denton, Texas, has determined that it is appropriate to grant the following fran- chise to Acme Brick Company in accordance with the terms thereof; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. PURPOSE A. The City of Denton, Texas, ("City"), grants to Acme Brick Company ("Acme"), the right and privilege to construct, recon- struct, replace, maintainuse, and operate within the public ri ht-of-way of City all' n ecease r or b p other structures or appurtenance:; ('rFacility" or1Facilities') in connection with a pipeline system for the purpose of conveying a nat:,cal gas, subject to the conditions of this ordinance. B. The rights and privileges herein granted to Acme shall not give Acme any exclusive right to the use of any portion of the public right-of-way and City may grant or permit any other party to make use of any public right-of-way, subject to the rights granted to Acme herein. f SECT` LOCATION OF SYSTEM AND FACILITIES I - A. The franchise granted herein for the Facilities is only for the use of that portion of the public right-of-way crossing Hobson Lane and extending for a length of approximately SIXTY (60) feet, as shown in Exhibit "A , attached hereto and incor- porated herein by reference. B. City reserves the right to construct, reconstruct, repair, alter, and lay and permit to be laid, sewer, gas water elk tric, and other cables, conduits, pipelines, and lines and to li do and permit to be done, any underground, surface or overhead work that may be deemed necessary or proper by City, in, over, under long, and across any public right-of-way occupied by the ! Facilities of Acme, including any change of any curb, sidewalk, or grade of any street. In performing, permitting, o such r re work, City shall not be liable to Acme fany damages however caused, whether by the negligence of City, its agents, employees or otherwise; provided, however, nothing herein shall relieve any other person or corporation from liability for damage to the Facilities of Acme, except as otherwise provided for herein. C. Whenever by reason of changes in the location, grade, or width of any street, alley, sidewalk, curb, or other feature of any public right-of-way or property, or the location or manner of constructing an,,, water, gas, sewer, pipelines, conduits, or any other surface or underground structure for any purpose whatsoever that shall be deemed necessary or required by City, whether undertaken by City or another party, Acme shall, when ordered by City in writing, relocate, alter, change, adapt, or conform the Facilities to accommodate the changes deemed necessary or required, without compensation or reimbursement to Acme; provided that Acme will not be required to completely remove its Facilities from the public right-of-way. SECTION III. TERM This franchise shall have a term of ten 10) from the effective date of this ordinance, unlears, beinnin ess otherwise terminated for any breach or default as provided for herein. SECTION IV. FEE A. Acme shall pay to City franchise fee of $1,000.00 for the entire ten (10) year term of this Franchise, for the use of the public right-of-way herein granted. The entire fee shall be due and payable within ninety (90) days of the effective date of this ordinance. I PAGE 2 t f I E B. The franchise fee provided for in Section IV shall be exclusive of and in addition to all other permit, inspection, or other fees or payments that would be applicable to Acme, as required or provided &,r in any other ordinance, or any other taxes or assessments that may be levied as authorized by federal or state law. SECTION V. REGULATION OF M'STRUCTION A. That Acme shall obtain a right-of-way work permit and any other required permits, as specified by City's ordinances, prior to beginning any construction, reconstruction, or other work that will require any digging, cutting, excavation, or tunnelling in, under, or across any public right-of-way, Any permit fees, inspection fees, or other fees established by ordinance, rhall be paid by Acme, and shall be in addition to any other fees provided for in this ordinance. B. All work performed in the public right-of-way shall be performed so as to minimize interference or disruption of the use thereof by the public, in accordance with the directions of City's authorized personnel. Acme shall comply with all other construction or permit requirements of City and the reasonable directions or orders of City's authorized personnel as to the hours of construction work, barricading requirements, traffic control and safety measures, and any other related directions or orders which are imposed to insure the protection of the public. C. In emergency situations, Acme may begin work within the public right-of-way without first receiving the required permits but shall after beginning the work, apply for the required permits thereafter within twenty-four (2 ) hours or as soon thereafter as is reasonable poscible during the business hours of city Any emergency work performed prior to obtaining the required permits shall be in accordance with the ordinances and regulations applicable to work performed under the required permits. An "emergency situation" shall only inc:ude the work on tho Facilities which is immediately necessary to restore normal operations of the Fer.ilities after unexpected disruption and which was not part of any planned or anticipated construction, repair, replacement, reconstruction, or maintenance program. D. City shall have the power at any time to order and require Acme to remove or abate any of t'. Facilities, or condition thereof, that are dangerous to life or property, and in case Acme, after written notice, :ails or refuges to comply wLth the order within the time specified, City shall have the power to remove or abate the dangerous condition at the expense of Acme and without liability or compensation for damages to Acme. PAGE 3 4 s w i F SECTION VI. RIGHTS IN THE EVENT OF ABANDONMENT If City closes or abandons any portion of the public right-of-way or property which contains the Facilities of Acme, any conveyance or transfer of title or interest in the public right-of-way shall be subject to the right of Acme to continue to operate and maintain its Facilities therein in accordance with this ordinance. SECTION VII. INDEMNITY A. Acme shall indemnify and save and hold harmless City, its officer, employees, and agents from and against all claims, losses, damages, Causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for j damage to any property, arising out of or in connection with the r ! erection, construction, location, replacement reconstruction, repair, maintenance, or operation of Acme's Facilities regardless of whether the injury death, or damage is contributed to by the R negligence of City, Its officers, agents, or employees, except that the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit, or liability resulting from the sole negligence of City, its officers, agents, or employees. j B. Acme shall not make any claim against City and City shall not be liable to Acme for any damage to th, Facilities, whether actual or consequential, howsoever such damage shall be caused, whether by the negligence of City, its agents, employees, or F contractors, or otherwise. G. Acme shall not have or make against City any claim or demand for or on account of any damage Acma may suffer or sustain because of any failure City's title to the public ri ht of way , i and lands occupied by the Facilities, or any part thereof. D. Any claim made by Acme against any property owner adjacent to the public right-of-way where the Facilities are located for negligence in the manner of constructing any improvements or performing any work within the public right-of-way, when the improvements or work are authorized by City, shall be limited to I~ actual damages to the Facilities, and no claim for consequential damages shall be made. SECTION VIII. RECORDS Acme shall keep complete and accurate maps, construction drawings, and specifications describing the location of the PAGE 4 I ~l r i n Facilities within the public right-of-way, copies of which shall be supplies to City upon request. SECTION IX. NOTICE i Any notice or communication required to be provided under this ordinance shall be sent as follows: Notice to City will be to: Notice to Acme will be to: i City Manager Real Estate Manager City of Denton, Texas Acme Brick Company 215 E. McF.inney Box 425 Denton, Texas 76201 Ft. Worth, Texas 76101 SECTION X. ASSIGNMENT All of the rights, privileges, obligations, duties, and, liabilities created by this ordinance shall pass to and be binding upon the successors of City and successors and assigns of Acme. Acme shall not, however, assign or transfer its rights or obligations hereunder to any other party without the prior written consent of City, unless the transfer or assignment is to a parent, subsidiary, affiliate of Acme and, in such case, the transferee or assignee agrees, in writing, to assume all of the obligations of Acme hereunder and to be bound to the same extent as Acme hereunder, SECTION XI. FORFEITURE A. If Acme should violate any of the terms, conditions, or provisions of this ordinance or if Acme should fail to comply with any reasonable provisions of any ordinance of City regulating the installation, maintenance, or operation of the „ Facilities and should Acme continue to violate or fail to comply with the same for a period of thirty (30) days after Acme is notified in writing by City to correct or remedy the violation or i failure as specified in the notice, then Acme shall be declared to have forfeited all rights and privileges granted by this ordinance as provided for herein. r P Any forfeiture shall only be declared upon written decision of thn City Council of City after a public hearing before the Council at which Acme shall be given notice and an opportunity to respond and be heard as to the alleged violation or failure to comply. I 0. Upon forfeiture, Acme shall promptly remove all of its Facilities from the public right-of-way and restore the surface PAGE 5 1 thereof to the same or better condition as existed prior to removal, all at the sole cost of Acme. SECTION XII. MISCELLANEOUS { A. The obligations and undertakings of Acme and City under S this ordinance shall be performable in the City of Denton, Denton County, Texas. B. This ordinance shall be governed by the laws of the State of Texas. C. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of City- this ordinance shall not operate to repeal or affect any of sucA other ordinances and insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, the provisions of + this ordinance shall govern and control over such conflicting provision as to any provision of this ordinance. D. Continued performance by either party pursuant to the terms of this ordinance after the default of any of its terms, shall not be a waiver of any right to cancel or cause a for- feiture of any right held trader this ordinance, and no waiver of r~ any default shall be construed or act as a waiver of any subsequent default. SECTION XIII. APPROVAL AND ACCEPTANCE In accordance with Section 13.02 of the City Charter, this ordinance shall become effective twenty-one (21) days after final approval, if before that date, Acme shall give its written acceptance of this ordinance by signing as provided below; and provided that, after final approval and before the expiration of twenty-one days, the full text of this ordinance shall be published once each week for two (2) consecutive weeks in the official newspaper of City, the expense of which shall be borne by Acme. Acme for itself, its successors and assigns hereby accepts this ordinance and agrees to be bound by all of its terms and provisions. SIGNED this day of , 1988. ACME BRICK COMPANY BY: F PAGE 6 i 4 Y a wy 4' T H I r PASSE AND APPROVED on first reading this the /&P4,, 1988, by a majority vote of the entirety Council t ty of Denton, Texas. CITY OF DENTON, TEXAS c z ~''8'PEF ATTEST: IENNI 'ER CITY , PASSED AND APPROVED on second reeding this the day of 1988, by a majority vote of the entireZ ittyy council o e ty of Denton, Texas, CITY OF DENTON, TEXAS ' tA ATTESTS J'1 MRIFER , APPROVED AS TO LEGAL FORMS j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY y, BY:~ PAGE 7 n ,t. I i N _ I I { 4 t i ' 41 1( 4\I I T 1W 'NOW -110r~ , a r DATE: 09/06/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager t ll SUBJECT: STATE COSTS (TAX) ON ANIMAL CONTROL AND TRAFFIC VIOLATIONS E I RECOMMENDATION: It to staff's recommendation that the fine ceiling for City Ordinance traffic and animal control violations be reduced from a $500.00 to a $200.00 maximum. Because state coats (tax) are based upon fine ceilings this change would result in a reduced state cost of $10.50 instead of $27.50 for City Ordinance traffic and animal control violations. SUMMARY: ` Traffic Violations with regard to City Ordinance traffic violations, there is currently a fine ceiling/state coat inconsistency among traffic violations in general. Most traffic violations are state law violations of the Uniform Traffic Law which already have a state mandated fine ceiling of 1200.00 and state cost of $10.50. However, some traffic violations are defined by original or enabling City Ordinance. Those particular traffic violations, gave a fine ceiling of $500.00 and a state coot of $27.50. j Animal Control Violations With regard to animal control violations these are all City Ordinance violations. As a result, these violations have a fine ceiling of $500.00 and a state cost of $27.50, KOR UND: Tra fie Vole ions f If the fine ceiling for traffic violations were reduced tc a $200.00 maximum, all traffic violations would have a uniform state cost of $10.50, This uniformity would afford greater effectiveness In fine collection due to consistency and remove any Liability associated with erroneously collecting less state costs than required. Pending l a clarification of exactly which traffic violations are etato violations vs. City Ordinance rtolations, a $10.50 state coot is now collected on traffic violation convictions. There to currently no traffic violation which carries a fine greater than $200.00 (not including state costs), nor has Judge White yet assessed a fine f greater than $200.00 for a traffic violation. j I b' f City Council Report Format Page 2 i BACKGROUND (Continued): Animal Control Violations The majority of citations written for animal control violations are for stray animal, no/expired rabies vaccinations, or no/expired animal registration. These violations carry fines in the amount at or under $100.00, except for repeating violations which carry progressive fines. To date, no defendant in alleged violation or found guilty of an animal control violation has been assessed a fine greater than $200.00. In sum, as City Ordinance violations these violations also carry a state coat ($27.50) which may be anywhere from approximately 30% to 200% of the total fine assessed in most cases. R C .8. DBPARTMKNTS OR GROUPS AFFECTS i o Animal Control Division o Municipal Court o Municipal Judge o Legal Department FISCAL IMPACT: { If passed, this ordinance would have a fiscal impact associated only with animal control violations. The City takes a 10% collection fee on total state coats collected for the state. An approximate average of 20 animal control citations paid per month would yield a $660.00 collection fee revenue per year at a state coat of $27.50 per conviction. This collection fee revenue would be $250.00 per year for the same number of paid citations at a state cost of $1D.50. This amounts to a total lose of approximately $108.00 for a period of one year at current citation payment rates. It is anticipated, however, that this lose would be offset by an overall greater fine collection rate due to more reasonable state j costs and, thus, more reasonable total payments due to defendants. Rasps 1Iy s bmi t di Prepared by: / r Lloy Y. Harrell ~010rCity Manager k-~ K M SCDanLe Court Administrator APproI : f a ;%0 ~J~n1t. John cGrane 8xeeutive Director for Finance ,f 2255} t 4 J `I f ~ i Ff ecal impact i 20 Citations/Month Paid f 210 Gitatlons/Year Paid _ State Costs $27.50 (!2.75 Collection Fee) ~10.5D f ;660.00/Year ($1.05 Collection Fee) p $252-OD/Year t•:w. " $408.00 Lose/Yeah in Collection Fees a " Loos may be offset b costs, Y greater collection rotes due to more reasonable state f Common Animal Control Violation Fines (Window Prices) Stray Animal (First offence). i . . . . . . . . . . . . . $ 50.00 f $ 7~750 Invalid Registration. . . . , , . X75.00 ' +_2T 50 !102.50 , Invalid Rabies Vaccination (First Offense), , $100.00 112~~7 50 I I "i 2255J f Y' ar 1,4 k,Y I ! 2147L i l ' NO. f AN ORDINANCE AMENDING SECTION 1-5 OF CHAPTER 1 OF THE CODE OF f ORDINANCES OF THE CITY OF DENTON, TEXAS ESTABLISHING THE MAXIMUM FINES FOR CERTAIN VIOLATION OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: E SECTION I. That Section 1-5 of Chapter 1 (General Provisions) of t e o e o Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 1-5. General Penalty t (a) Where no specific penalty is provided for in this Code for a violation of a provision of this Code, or where any provision of this Coda or any ordinance provides for a maximum fine in the amount which is in conflict or inconsistent with the maximum fine provided for herein, the maximum fine shall be as follows: (1) $2,000 for a violation of any provision governing E fire safety, zoning, or public health end sanita- tion, excluding vegetation and litter violations. (2) $200.00 for a violation of any provision regulating the parking of motor vehicles, any pprovision enacted pursuant to Article 6101d, V.A.C.S., or any provision of Chapter 4 of this Code. (3) The amount fixed by State law if the provision is one for which State lrw establishes a fine. (4) $500.00 for any other violation not otherwise ` provided for in this section. f (b) A person violating a provision of this code or other o of a rdinance, rule or regulation of the city is guilty during separate the offene for violation each is committed continued, , or permitted, unless otherwise provided. { f f E i I' (c) The provisions herein are cumulative of all other remedies, including, but not limited to, injunctions and other extraordinary write. This section shall govern all penalties for any violation of this Code, notwithstanding any language to the contrary contained in any other section of this Code. SECTION II. That the provisions of this ordinance apply only to o-ffenses committed on or after the effective date of this ordinance. SECTION III. That if any section, subsection, paragraph sentence, cause, phrase or word in this ordinance or application thereof to any parson or circumstance is held invalid by any court of competent jurisdiction, such holding shall not f affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the Code of Ordinances of the City of Denton, as amended, shall remain in full force and effect, save r.nd except as emended by this ordinance. 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 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 STEPHENS, MAYOR ATTEST: JENNIFER , Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY a J { BY: ~ 1 fp4 t i E i I I I i I I ( N DATE: 09/06/88 I 1 CITY COUNCIL REPORT FORMA'(' TO: Mayor and Members of the City Council { FROM: Lloyd V. Harrell, City Manager + SUBJECT: CONSIDER AN ORDINANCE INSTITUTING ANNEXATION OF 20.8309 ACRES LOCATED AT FM 2181 AND OLD ALTON ROAD, (A-56) RECOMME14DATION: The Planni:3 and Zoning Commission recommenled approval on August 31, 1988. SUMMARY: 1 A plat was Submitted for development of the Shady OakE Mobile Home 'i Park, The property was previously Subdivided which required slbmisslon 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 from the tract shown on the plat. Previously Subdivided BACKGROUND: The City annexed a 500 foot strip along FM 2181 and the Skyfab Addition on July 7, 1987 to tie the City limits to the Corinth city limits, PROGRAMS. DEPARTMENTS OA GROUPS AFFECTED: Planning and Development Department and property owner. FISCAL IMPACT: City services are available in the area including water. The fiscal impact at this time is minimal. F Resp tfully submitted: Fruopared by: /i V .ge y Manager Cecile Carson brban Planner App oV ~ .Robb a F Executive Dir clor for Planning and Development i 2251a i I 4 I w. R 2388L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 20.8309 ACRES OF LAND LYING AND f BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING { PART OF THE J. DICKSON SURVEY, ABSTRACT NO. 342 AND A. CANNON SAME SURVFY9 AAGRICULT MURAL 232 r DISTRICTO PROMITY;' CLASSIFYING THE } EFFECTIVE DATE. , AND DECLARING AN WHEREAS, a request for annexation for the property described in Exhibit ' 'A", a copy of vhich is attached hereto and incorpo- rated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton; and f WHEREAS, an opportunity was afforded, at a public hearing held e on CounciltChambers for ellq nterestedf , - f- , 1988 in the pe eo s to state their views and present evidence bearing upon the annexation provided by this ordinance; and e ' WHEREAS, an opportunity was afforded, at a ublic hearing held for that purpose on the 1G t3 day of Council Chambers for all-me"rested parno s~ to state their views , 1988 in the and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW9 THEREFORE, THE COUNCIL Gil THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the tract of land described in said Exhibit "A" e, an the same is hereby annexed to the City of Denton, Texa lands sand dthea present is and efu ure y inh bitants thereoftyshall the entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted ar.d the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. SECTION II. The property, described in Exhibit "A" is hereby class a as gricultural "A' District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. Should any section or pr.r: of this ordinance be held unconst tutiona1, illegal or invalid, or the application A-56/PACE ONE i i' i N r thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remain- ing portion or portions, the same shall be and remain in full force ! and effect; and should this ordinance for any reason be ineffective f as to any part of the area hereby annexed to the City of Denton, I such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordi- nance as to all of the reuainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included within the general description of terri- tory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not -+ithin the City of Denton 's jurisdiction to annex, the same if hereby excluded and except^d from the territory to be hereby annexed as fully as if such excluritG -nd excepted area were expressly described herein. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of , 1988. PASSED AND APPROVED by the City Council on the day of 1988. RAY STEPHMSp MAYOR ATTEST: JENNIFER WALTERS9-CM SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 1 U A-56/PAGE TWO i f s~s~rsarrer~ V 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, Abst. No. 232, and also being part of a tract of land as I conveyed from Henry C. Thompson, Jr. to R.D. Martin by deed E dated November 24, 1980 and recorded in Volume 1048, Page 191 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the present city limits, said point ` lying in the west boundary line of the tract described in 1 Ordinance No. 87.119, said point also lying in the north t 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 P.M. 2181; THENCE southeasterly along the present city limits as i established in said Ordinance 87-119 with a curve to the left having a radius 1,396.26', a central angle of 190 34' 57.9" and a chord bearing and length of south 200 22' 01.9" east, 474.901, an arc length of 477.22' to a point lying in an easterly boundary line of said Martin Tract for corner; THENCE south 00 07' 45" west along an easterly boundary line of said Martin Tract a distance of 455.49' to an inner all # cornar of said Martin Tract lying in the south boundary line of said Dickson survey and the north boundary line of said Cannon survey for corner; THENCE south 890 47' 45" east along the southerly north boundary line of said Martin Tract, same being the south boundary line of said Dickson survey and the north boundary line of said Cannon survey a distance of 110.0' to a point for corner; THENCE south 170 23' 11" east along the east boundary line of 1 said R.D. Martin Tra,4t a distance of 142.7' to a point for f 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 M 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 sovthwast boundary line of said Martin Tract and the northeast boundary line said USA Tract a distance 948.32' to an inner all corner of said USA Tract for corner; A-56 i i N I EXHIBIT "A" (Con't) THEN sa dCR.D.north thealong Martin Tract2andwest east boundary line boundary said lineUSof Tract passing the north boundary line of said Cannon survey and fl I the south boundary line of said Dickson survey, passing at { 1487.98' the southerly northwest corner of said R.D. Martin ` tract and the southwest corner of a tract described in a deed from R.D. Martin et ux to Tim D. Masten et ux dated October 14, 1981 and recorded in Volume 1106, Page 730 of the D.R,D.C.T., continuing for a total distance of 1,855.35' to the northwest corner of said Masten Tract, said point also lying in the south right-of-way line of an east/west county road for corner; THENCE south 890 18' 49" east along the north boundary line ji of said Masten Tract and the south right-of-way line of said county road, passing at 242.0' the northeast corner of said Masten tract and the northerly northwest corner of said R.D. Martin tract, continuing for a total distance northeast corner of said R.D.in Tract 8 forlcorner; I THENCE south 10 21' 17" west along the westerly east boundary line of said R.D. Martin Tract a distance of 199.29' 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 all corner of said R.D. Martin Tract, iaae being the northwest corner of said Old Alton Cemetery Tract &r corner; THENCE south 00 43' 37" west along the westerly east boundary line of said R.D. Martin Tract and the west boundary line of the Old Alton Cemetery Tract a distance of 335.84' to an inner ell corner of said R.D. Martin Tract and the southwest corner of said 31d Alton Csaetery Tract for corner; THENCE south 870 18' 0" east along the southerly north boundary line of said R.D. Martin Tract and the south boundary line of said Old Alton Cemetery Tract a distance of 234.33' to the Place of Beginning and containing 20.8309 acres of land. A-56 s i N i i A PLAN uF SERVICE t0k .ANNEXED AREA C£TY OF LENTUN TEXAS i 1. Basic Service Plan A. Police K Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the etfective date of annexation. 8. Fire Fire protection by the present personnel and equipment of the fire fighting force, will be provided un the effective date of annexation. C. (rater/Wastewater f 5 ` Maintenance of public water and wastewater facilities will begin within sixty (bu) days after the effective date of 1 the annexation for all facilities required to be maintained f by the City of Denton. D. Refuse Collection The same regular refuse collection service now provided within the City will be extended to the annexed area within sixty (60) days after the effective date of annexation. h. Streets 1. Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.), will begin on the effective date of annexation. 2. 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 ano resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvemens, as the ee therefore Is determined by the governingtbody, willnbed 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. i 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. f f 1 I k Service Plan Annexed Area jj Page 2 G. Planning and Zcning The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of # annexation. City planning will thereafter encompass the annexed area and a zoning designation for the property will be established. H. Street Lighting Street lighting will be installed in the substantially developed areas in accordance with the established I policies of the City. I , 1. recreation 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 laity will be followed in expanding the recreational program and facilities in the enlarged City. J. Electric Distribution The City recommends the use of City of Denton for new electric power. I K. Miscellaneous f Street name signs where needed will be installed within approximately six (b) months after the effective date of annexation. II. Capital Improvements Program (CIP) The CIP of the City is prioritized by such policy guidelines as: 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 professional studies, and natural or technical re- straints or opportunities. B. Impact on the balanced growth policy of the Lity. C. Impact on overall City economics. The annexed area will be considered for GIP in the upcoming CIP plan. The annexation area will be judged according to the same established criteria as all other areas of the City. i a N l r { ANNEXATION AEa i I 1 1 1 _ ~ I 1 1 Owen 1 ~ 1 F II rl I 11 Il u it II 11 s r sr:--r,:r::~J i L 1 I corrER grow 1 ai ~ i N I ANNEXATION SCHEDULE A-S6 f 4,.f +;a t✓July 190 1988 City Council sets date, time and place for public hearings 1/July 22, 1988 Notice published in Denton Record Chronicle for first - public hearing ✓August 2 g , 1988 City Council first public hearin August S, 1988 Notice published in Denton Record Chronicle for second public hearing ✓August lb, 1988 City Council - second public hearing August 31, 1988 Planning and Zoning Commission makes f recommendation September 6, 1988 City Council institutes annexation i September 11, 1988 Publication of ordinance in Denton Record Chronicle October 18, 1988 Final action by City Council ' j A i . fV ,.r r i i E I j x I fill } September 6, 1966 x CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF 1HE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER COMMUNICATION LINES CONTRACT. RECOMMENDATION A The Public Utilities Board, at their meeting of August 11, 19860 recommended to the City Council approval of this new service to Commercial and Industrial Businesses in the City of Denton. BACKGROUND/SUMMARY j As discussed at the April 13, 1966, PUB meeting when this item was first presented to the PUB, the Electric Department has been approached on several occasions about the possibility of private business installing their own telephone cables on the City's power poles. This new emphasis for individual telephone cable development is a result of the deregulation of the telephone industry. The Electric Department is very concerned about liability and coordination of lines and facilities if the Department were to lease space on its poles or in its easements. As a solution to meet the needs and concerns of our local businesses, the Department is proposing to purchase, install and lease on an individual basis, communication lines to Denton businesses. The City already has an extensive City and Electric Department communication system between Its own facilities, and therefore, has the expertise to provide this service. These lines, however, are "dedicated" lines and would not be available to private businesses. It is anticipated that this proposed communication service would not be actively marketed, but would be provided only upon specific request. We presently have such a specific request from Dave Krause Auto Dealership. At the April 13, I966, PUB meeting, the board had concerns regarding return on investment, the general rate structure and liability. The Staff has reviewed these items and proposes the fcllowing: 1) Rate of Return on Investments 0 151 rate of return on investment o Depreciation Rate- 201/year o ROT and Depreciation applied to actual capital investment w Page 2 1 y Specific for the Dave Krause proposal: o Capital cost- $5,946.50 o Monthly charge - $152.DU 2) Nate Structure ilie customer shall be billed accordingly to the style of installation, specified number and size of wires, length of construction, termination points, etc. Therefore, a rate structure cannot be established due to the extreme versatility of installation and each service will have a separate and specific contract and rate. 3) Liability Communication Line Contract, Sections A, B, and F reflect y: that the City shall NOT BE liable for damage to the property, personal equipment, and/or lines beyond the designed termination points according to the Departmental Design P.U.E.D. No. 36. ' FISCAL IMPACT This would furnish a service that has been requested and furnish an additional source of revenue, AGENCIES AFFECTED City of Denton, Citizens, Electric Department, Customer Service, Legal Department. Respe ully,sub ted oy arr(e/ell;Z"fty anager k Preppred/A p Qved by, R. h. Nelson, xel.Utive Director Department of Utilities Exhibit i Agreement II ordinance III PUB Minutes of August 11, 1965 6019U:3-4 I'. 2444L i I i f NO. t I AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTOH AND DAVE KRAUSE PROVIDING FOR COMMUNICATION LINE SERVICES; AND ` PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby author ze an directed to execute and attest, respectively, the i agreement between the City of Denton and Dave Krause, providing for communication line services in accordance with the tarma and conditions of the attached agreement. SECTION II. That this ordinance shall become effective imme ate upon' its and a Y 1 passage PProval. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR- 4 ~ G F i is r ATTEST: e JENNIFER WALTER Sp CI K-ZT tFY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I. , 1 I 2444L i j COMMUNICATION LINE SERVICEa AGREEMENT aa~~~~aa u~~~~ues~~~a~e:os~~~a:~~:~s~~~a~s~~u a~a~~~~s~~aa~e~~a■a Administrative Information Contract No.: 5001 Account No.: Name of Customer: Dave Krause Billing Address: 1610 W. University Dr., Denton, U-76201 + Number of Available Pairs: loo 1 Charge Pet Month: $ 152,00 iJ Date Installed: R P.U.E.D Q: 36 - 4 27/88 ■•ar~~~~s~~ar~a~~~~:■~~~~~~s~~a~~a~~~s~:~a~~~~au s~~~s~~aa~~~a~~~~ Agreement made between the City of Denton Cit municipal corporation of the State of Texasand Customer named aabove. In consideration of the mutual promises contained below, the parties agree as follows: SECTION ONE. SERVICE AND EQUIPMENT (a) City shall install, service, and maintain necessary lines and equipment to provide a connection for communications equip- ment between properties or buildings owned by Customer, in accordance with this Agreement. t installedn sethis rviced, and maintained the lines and equipment to be as the 'City System", and the lines and egoipmeet to be installed, aerviced, and maintained by Customer shall be referred to as the "Customer System". The location and termination points of the City System shall be &a shown in Exhibit "A", attached hereto and incorporated by reference. (c) During the term of this Agreement, Customer may make use of a maximum of eighty percent (80X) of the available number of pairs on the City System installed, as provided above. Any additional capacity requested by Customer in excess of the limits herein provided, shall only be provided in accordance with a new j agreement. (d) The ownership of the City System shall be and at all times remain in City. The service supplied by City as provided for herein extends only to the service, maintenance, and operation of the city System and City shall not be responsible f i N I ` for the installation, construction, service, maintenance, or If operation of any part of the Customer System. (e) City shall have the right, in its sole and absolute discretion, to change at any time the type of cable, wire, materials, and equipment used for all or part of the City System. For the purpose of undertaking repairs, maintenance, or changes of the City System, City may suspend service for such periods, and in such manner, as may in its judgment be necessary. City will endeavor to give Customer prior notice, if the circumstances permit, of any necessary repairs, maintenance, or changes that would require the suspension of service to Customer, but shall I not be liable to Customer for its failure to do so. (f) Customer hereby grants to City without charge, a license on and across an ro ert owned or any P controlled by Customer as in the judgment of City is necessary to construct, repair, services f or maintain the City System and authorized representatives of City shall, at reasonable times during the term of this Agreement and after its termination, have the right of ingress to and egress from the premises of Customer for any and all purposes connected with the service rendered and for the exercise of all rights secured to City hereunder. (g) After the installation of the City System, the cost of any relocation of any part of the City System requested by Customer shall be paid by Customer prior to the relocation. (h) Customer shall not interfere with or alter, or permit or cause any other person to interfere with or alter the City a System, except upon the express consent of City. SECTION II. BEGINNING OF SERVICE City shall make reasonable efforts to install the City System within a reasonable time after the effective date of this Agreement but the completion of installation of the City System by City " ll be dependent on the availability of materials, the availability of installation and service crews all of which shall be in the sole discretion and judgment of City. City shall give notice in writing of the date the City System is completed and ready for Customer's use. If City fails to complete installation of the City System so as to be available for Customer's use within three (3) months of the effective date of this Agreement, Customer may terminate this Agreement by giving ten (10) days prior written notice to City prior to the time City tegins installation of the City System. PAGE 2 I ~ ~l 1 ~I a f f SECTION III. CONTINUITY OF SERVICE City will use reasonable diligence to preserve as nearly as I possible the continuity of service to Customer through the City i System, but in the event of failure of service, in whole or part, Customer shall not make any claim against City or seek to hold Cfty liable for any damages, consequential or otherwise, on account of any failure of the Ci~y System, regardless of the cause thereof. SECTION IV. RATE AND BILLING E i ~ i (a) For the service herein provided, Customer shall pay to f City the monthly charge stated above, beginning in the month that I[ City notifies Customer that the City System is installed and ready for use, and continuing for each and every month thereafter during any term of this Agreement. The first monthly payment shall be prorated for the number of days remaining in that month in which service is first made available. (b) City shall mail or delivery to Customer a monthly bill at the billing address stated above for each monthly Payment to be made as provided herein. Each monthly bill shall be due and payable within W.rty (30) days of mailing or delivery by City. The failure of City to mail or delivery a bill in any month for which a monthly payment is required herein, shall not waive the right of City to thereafter bill for and receive any monthly paymant required to be made as provided for in this Agreement. SECTION V. TERM This agreement shall uecome effective upon execution by both parties and shall continue to remain in force and effect for sixty (60) consecutive calendar months (the "initial term"), beginning in the month in which City notifies Customer that the City System is complete and available for Customer's use. After the expiration of the initial term, this Agreement shall continue from month-to-month, unless otherwise terminated as provided herein. SECTION VI. TERMINATION (a) During the initial term of this Agreement, Customer may terminate this Ag$reement by (1) giving written notice to City at least thirty (30) d%ys prior to the proposed termination date, PAGE 3 ~J R I r and (2) by paying to Cityp date, t}.e total amount oFthermonthly tcharges that wrould shave been otherwise required of be made during and throughout the remaining months of the initial term of this Agreement. { (b) City may terminate this Agreement at any time for customer a nonpayment of any charges owed or for any other breach of this Agreement. (c) After the expiration of the initial term of this Agreement, either party may terminate this agreemnat upon giving j thirty days prior written notice to the other. ii I SECTION VII. USE OF CITY SYSTEM; APPLICATION OF LAW purpose Customer than to provide not make use of City System for any other purp i properties or buildings oofd Customer. Customer shall services between not sell or 3 grant to any third person the right or privilege of using the City System for any purpose$ i (b) This Agreement is made with the express intent and understanding of both parties that in providing the services herein agreed upon: (1) City is not acting as and does not qualify as a public utility or retail public utility, as defined by the laws or regulations of the State of Texas; (2) City is not required to apply for or receive any certificate, permit, license or other form of approval from any State or Federal regulatory agency; and (3) That the services or rates herein provided for are not required to be approved by, and are not subject to the jurisdiction and control of, any State of federal regulatory agency. (c) Should, during the term of this Agreement, any court or State rmatterr of thgisaAgreement,cyfind, determine, or rule, for should City, in its sole discretion find or determine, that any of the understandings stated in paragraph (b) of this section do not or no longer exist or apply, City may terminate this Agreement. (d) Should any provision of this Agreement be in violation of any State or Federal law or regulation, as found or ruled by any PACE 4 court or regulatory agency having jurisdiction over the subject matter of this Agreement, City may terminate this Agreement. (e) Should City Agreement under this SetionBeit aIts hallydo so to giving b 8 to terminate rRis thirty (30) days prior written notice to Customer, and Customer t be for anylmo nth fteritheete minationadatet of any monthly charges for { SECTION VIII. MISCELLANEOUS Info(a) Administre i ee Innformation,A~ The Administrative terms of this Agreement,~nsubjectttosal~rcthertprovieiona mof athis Agreement. (b) Taxes. Customer agrees to a federal or state excise or use taxes oraothera taxesiwhichimayabe servicedr nderedi to Customer overnmental entity on account of the (c) Successors and Assigns. This Agreement will inure to and be bind ng upon t e successors and Assigns of the I parties, provided that Customer shall not assign this rAgreement or any rights relating thereto to any other person without the ' axpress written consent of City. f Executed t%'A ~ say of crc 1988. CUSTOMER CITY OF DENTON BY: U ~ APPROVED; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 BY: I PAGE 5 ITS, k 4 Nore I WRk:I AlI crass MU kOpS YS IA l MK A',$ OlOxCONOAgv 94Y4-1 IN, 0 11r,,,"0 "o 1,00 rFw, cUNMM ArgN CAtYl I WVUNA UavI NA lrl NO lll,wllI ' IIH rpM I'lo X00 PFiMrllw.lilNl(FIiuNIIXI 100 PAIN 'I NNINtl pOrIY gripLF{ll A MIS A I AMCNON9 ` ~ I RCNIuVe I I Yil/ 407 COMNr xCONOApr N pqN I Ippy Cplni N I,OI[ W[11 Or CAp1G[tOWN 10 ""1 FII l Wr{I 01 CONIAELI { ~ r I 2 < F - ¢O 0/1(RYw1AiY A1,1 A00v[t~ ~-w II W'A1111.1 Q yl nA.l I ~ RNAVYI I &A nw11AC LEGEND II J J r'>v{ae~ COwmL cArgNcAbl1 i I r/•' --~I•RIwoNNUx.NwANr . ~ J J -~-I.Ih P»b lnhnxcONnANr r OAVI I J . 110 I I IpIRFA i I FpAIIN I J ND IA Q/lIY I tu.au r • - FAMrrAG INIwV i I f w J rt- A a.a l ANCNOp r 01 W f A, A J N A, KIN M 11 J I A.IpOWI fIJ rI Ah} J _ I IIKIOMN\JYIQhFrllllf tll I f I 11 1 PU' y, FN I,e . 11- -11.1 - 11A•`. Y. ,1 oFenrNOrlACatorv~uuslR AVE KRAUSE COMIMUNC I~+r 0 r of is ATION CABLE ,'I Ir .a I ,M m•A .T111 rv1Y I k An I.fl I EXHIBIT EXCERPT MINUTES PUBLIC UTILITIES BOARD f August 11, 1988 8. CONSIDER COMMUNICATION LINES CONTRACT, Nelson advised that the Electric Department has been approached on several occasions about the possibility of private business installing their own telephone cables on the City's power poles. This new emphasis for individual telephone cable development is a tesult of the deregulation of the telephone industry. The Elecrric Department is very concerned about liability and coordination of lines and facilities if Lhe Department were to lease epa:e on its poles or in its easements. As a solution to meet the needs and concerns of our local businesses, the Department is proposing to purchase, install and lease on an individual basis, 1! 1 communication lines to Denton businesses. j The city already has an extensive City and Electric Department communication system between its own facilities, and therefore, has the expertise to provide this service. These lines, however, are 'dedicated' lines and would not be available to private businesses. It is anticipated that this proposed communication service would not be actively marketed, but would be provided only upon specific request. i The present specific request under consideration is from Dave Krause Auto Dealership. At the April 13, 1988, PUB meeting, the Hoard had concerns regarding return on investment, the general rate structure } and liability. z The Staff has reviewed these items and proposes the following: 1) Ratc of Return on Investments: 0 151 rate of return on investment o Depreciation Rate- 201/year o ROI and Depreciation applied to actual capital investment Specific for the Dave Krause proposal: t a capital cost- 45,946.50 { 0 P-nthly charge -4152.00 2) Rate Structure The customer shall be billed accordingly to the style of installation, specified number and size of wires, length of constriction, termination points, etc. Therefore, a rate structure cannot be established due to the extreme versrtility of installation and each service will have a separate and aper-tfi contract and rate. 3) Liability Cummunication Line Contract, Sections A, H, and F reflect that the City shall NOT BE liable for damage to the property, persona equipment, and/or lines beyond the designed termination paints. LaPorte made a motion to approve subject contract. Second by Chew, All ayes, nc nays, motion carried. 60130:9 ,r f I NOTE' r I 1. REPLACE ALL GLAS! `MJ '~~0'!T rr ~~ItG~Jl 2 REPLACE OLD SECOI 1 . . ' ED. y' I INVOICE DAVE KRAUSE ATION LINE I I i { i ~ I I i ` I ~ I Z I ~ I' ` w AMHURST ~ f I p i j i cww~ I j ` ~ r r ~ r r r r r r r ! r r. r r r r r ' Of III I ~ I ,ly i I r ~ DAVE i KRAUSF I TOYOTA PT. Of INATION 5' ABOVE GROUND i I (LOCATION N0. 1) APPROVAL O` CUSTOMER 5( w o ro ►ccr do ou c ro r. d ?167 9?19 CPAWN If C,H. n ?461 9235 rJ~lr rr i . 633! troKrH ►oruo rr I f' i I , it 1 1 D I r i i INSTALL 1,210 (100 PAIR) COMMUNICATION CABLE 760 - 2,0 TRIPLEX 370 • N0 6 O'JPLEX 2 f00 PAIR TERMINAL BOXES FOR CABLE I 6 GUYS i 3 ANCHORS REMOVE 1,500 • 140.2 COPPER SECONDARY - 36 OPEN f FROM CORN'1R POLE WEST OF GEORGETOWN TO FIRST POLE W[ST OF CORNELI €rr t ' J I I LLI z z 0 Q O ~ U s I i~~ ..=To scm r rrrr r r r. rr r. rrrr r PT. OF TERMINATION 1 ABOVE GROUND . DAYS ILOCATION NO. 7) e IcRAUSE LEGEND ' PON T 1 AC 1 vrrm COMMUNICATION CABLE I FXISTWGIt NO 2CPRIMARY • EXISTING OPFN SECONDARY 11j - 140.210 TRIPLEX t N0. 4A DUPLEX 'r ` h 1r EXISTING fHHN 2 GUYS 1 ANCHOR 11 I~ r Ir _ PL,AS Lji 7L 51GNA7UkE Lf ~l LC 7 1V/ II - DEPARTMENT Or PUBLIC UTILITIES DAVE KRAUSE COMMUNICATION CA:LE do r+ o4rc CITY OF DENTON, TEXAS 26 •C"L[ 1100'` oatrc 6 21 61 pull) f 16 tN 1 r I } I r` I ~1 I i f i E y t~ I E ~ !E! E a ~ ~r y j ~l A i a DATE: CITY CO NCIL REPORT FORMAT August 24, 1988 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 4 ~ } FROM,. LLOYD V. NARRELL, CITY MANAGER SUBJECT: Resolution Amending Resolution R88-045 Authorizing City staff to Apply for a Texas Parks and Wildlife Department Local•Park Fund Grant OWENDATION: Per Texas Parks and Wildlife Department's request for amendment, it is recommended that City Council consider passage of a resolution amending Resolution R88-045 which was passed on Jule. 19, 1988, designating the City Manager as the City's representative in any dealings with the Texas Parks and Wildlife Department in regard to subject application. SUI1d44RY: In order to apply for a 50-50 matching grant through the Texas Parks and Wildlife Department, it is requested that Resolution R88-045, passed on July 19, 1988, be amended in Section 4 to include the wording, "That Evers Park is hereby dedicated for public outdoor recreation purposes in perpetu_ ity. Previously, this clause was incorporated in the grant application request agreement signed by the Council designee. ' ' aACKGRr~ OU D' .The bond issue passed in 1986 authorized $1.3 million to improve athletic facilities at Denis, Evers, and North Lakes Parks. The City has previously sought matching funding for park development. Three projects have been funded at North Lakes Park, general improvements at Denia, Evers, Mack, and Skiles Parks, and Avondale Park, now under construction. , PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: If the grant request is funded, the development project is essentially d.,ubled providing ' for money to renovate the 25 year old lighted ballfields currently at Evers Park as well as a new concession/restroom facility. The bond issue will provide for lights for existing fields and development of two practice fields, IF SCAL IMPACT: Fiaral impact is positive with the state matching the local contributions from approved bond funds. The local share is $180,000. Total grant project will be $360,000. RESPECTFULLY SUBMITTED: i 4cTrAt4*AgGER PREPARED BY: emE TITLE Robert K. Tickner Superintendent of Parks i APPROVED: NAME TITLE "r 1 S 2405L RESOLUTION NO. _ t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING 1 CFRTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR, ACTING OR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TLXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPA'T'ING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THfiT THE k CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), auth- orizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, fot outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6051r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 8°-578, or such other programs as are hereinafter established by the Federal Guvernment; and WHEREAS, the City of Denton io fully eligible to receive assistance under this Program; and WHEREAS, the City Council of the City of Denton is desirous of authorizing its admin?strative staff to represent and act for ` the city in dealing with Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton assistance tunder Public e88 City of 88-578; as augmented by Article 6081r, V.A.C.S. SECTION II. That the City Council hereby authorizes and direct.- is city Manager to represent and act for the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. SECTION 111. The City Council hereby designates its Executive DirectorFinance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. I SECTION IV. The City Council hereby specifically authorizes the 71-ty-777M herein designated to make application to the Texas Parks and Wildlife Department concerning the tract of land known as Evers Park in the City of Denton. SECTION V. The City Council hereby specifically authorizes the - ty---ocials to make application to the Texas Parks and Wildlife Department concerning th6 site to be known as Evers Park in the City of Denton for use as a park site. That Evers Park is r' hereby dedicated for public outdoor recreation purposes in perpetuity. SECTION VI. That Resolution 88-045 is hereby repealed in its entirety. PASSED AND APPROVED by the affirmative vote of the City Council of the City of Denton, on this day of 1988. RAY STEPHENS9 MAYOR ATTEST: MM, CITY SECRETARY APPROVED AS TO FORM: f DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY .771 BY: Ltkja) ^ ,4t ~ { i i is 1. Ll h R, 1 i i i I .rte [tip , w rl i 2473L i i RESOLUTION NO. t A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. i' WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc., a expires September 30, 1987; NOW, THEREFORE BE IT RESOLVED BY THE CITY CCLT;CIL OF THE CITY OF DENTON: 1 i SECTION I. That Mr. Governor Jackson is hereby reappointed to PT-ac-e-7-on the Board of Directors of the North Texas Higher Education Authority, Inc. for the term commencing October 1, 1988 and continuing through September 30, 1990. SECTION II. That Ms. Nets, Stallings is hereby reappointed to Plata on t e Board of Directors of the North Texas Higher Education Authority, Inc. for the term commencing October 1 1988 and continuing thrgh September 30, 1990. E SECTION III. That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1988. k , RVOR ATTEST: JENNIFER WMERS, CITY 9ECRETMM ' APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~ j BY: /I I ~r f n j -L. IE f I I E i i i F ~ C I a Y ft - - r I I ~ t Y, « clTY of DENTON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 t. , DATEi September 2, 1988 TOt Lloyd V. Harrell, City Manager FROMt John F. McGrane, Executive Director of Finance i SUBJECTt JULY BUDGET REPORT Total General Fund revenues through the end of July were $20,605,133, which represents 892 of the total budget amount of $22,573,425« In the area of sale., tax receipts, both the June and July payments were over budget by $15,217 and $16,404 respectively. Hopefully, this trend will continue through the end of the fiscal year, with only two months remaining. i As has been reported in the past, Fire Department fines and building-related fees are down considerably{ however, overall, the General Fund revenues on a total basis are tracking fairly well. On the expenditure aide, total General Fund expenditures and encumbrances through the end of July totaled $189199,111, which is 79% of budget. At this same period last year, 82% of actual expenditures had occurred. Although overall expenditures are behind last year on a petceatage expended basis, there are some divisions that are slightly over budget. They aret Division Percentage Traffic Engineering 84% Parka Leisure Services 87% Building Operations 84% Fire 84% Should you need any additional information or have any further questions, . please advise. ?ohn McGrane JFMtajn 3768F i r ~J 1 7•w r e i ~i 1987 C1 ina ~ Citr Funding Sources Kilgore Post G. F. Terrell G. F. Weatherford G.F. r Wharton H/M O.F. 1986 Ci isa S.iL.1C r ' Esdridina SO it .tea Greenville Palestine H/M (18t yr, general fund} Pampa G.F. Pittsburg G.F. San Marcos G.F. G.F. 198; .iris.. 41~Y Fug ~ Corsicana j Campasas H/MjFund raising Mineral Wells Q.F. Q.F.)Dcwntown Association, 1 Sweetwater G .F. of Commerce .F. ~ C4r I ~ r Fr x, i•- ww f w'. ark'r `r SURVEY OF MAIN STREET CITIES 27 cities surveyed 13 all general funding ? 6 a portion of general funding 4 all hotel/motel tax funding 2 a portion of the hotel/motel tax 1 all electric fund 2 a portion CDBG funding 3 a portion of Chamber of Commerce 3 part private sources 1 part trust fund MAIN STREET CITIES FUNDING j 1 i Urban Main Street Caries City Funding Sources Ft. Worth/Polytechnic CDSG,Foundatation grants, Private Houston Heights CDBG,C',amber of Commerce Longview G, F.,Private Wichita Falls G.F. Self-Initiated City funding Sources Denison G-F-,Trust funds Florosville a F.)Chamber of Commerce Grapevine H/M Lewisville H/M Lockhart Electric Fund I 1988 Cities City Funding Sources Daingerfield P. Gonzales G.F. Henderson G.F. Temple G.F. 1 i ; , FIRST STATE BANK fN 101 SOUTH LOCUST OENTON. TEXAS 76201 MAIN STREET PROJECT LOAN PROCPAM 1. The funds borrowed under this program wil be for the restoration, renovation, rehabilitation, and preservation of commercial buildings in the Main Street target area. 2. The funds hill be limited to exterior work only on storefronts. Up to 501 of the loan may be used on roof repair, as long as the remaining 50% is used on facade work. 3. Loans shall be for a period of no longer than five (5) years to qualified borrowers, at an interest rate of eight percent. Total dollar amounts shall not exceed 10 t: S ,000 in aggregate for any one building. The minimum loan will be $2,500. 4. Repayment shall be in equal monthly installments. 5. Building improvement plans will be reviewed by the Main Street Design Review Committee for design quality and appropriateness. i 6. Loan applications will be made through the Main Street Finance Committee, after the plans have been approved. The granting, or denial, of the loan will rest solely with this C committee. 7. The ini[ial loan pool will be $200,000. The interest rates r on new loans will be reviewed March, 1989. All loans issued under the 1988-89 program will be 8$ for the duration of the loan. ' S. Lenders will share in all loans, with First State Bank of 'y Denton acting as a lead agency. Each financial institution participation percentage shall be determined by its percentage of assets as compared to the total group participating. The lead institution processes the loan application, makes the loan, and bills the other participants ` for their portion of the loan. As the loan is repaid, the If lead institu U on in turn repays the other lenders, ) 1" I 1 KIRKPATRICK & NELSON ■ AACHITECTIR ■ r 24 June 1988 I To the City Council of Dentoni I will volunteer my services as a consultant to the Main g Street Director when you hire one. Sincerely, IKI esR KKi p trick lp i II i ARCHITECTURE PLANNING INTERIOR OESIGN SUITE 618, FIRST STATE BANK SUILOING DENTON, TEXAS 78201 1817) 387-8182 f . TO_~~+~_~ITY CQl_1NCIL, DE_DE~,TD~J, 1 - 19► 1988 and March 1s 1988, By resolution passed on January " Council approved and nominated a Main Street c the Denton City committee" to investigate and make proposals for the promotion and redevelopment of Denton's downtown area. i ntion of the individuals below that the It has come to the atte has proposed that certain funds in Denton's next City Manager Y budget be used to hire a Main Street Coordinator. The individuals below support the City' Council for its action and commend the individual members for their concern over the future of Denton. Therefore] the individuals below urge and recommend to the E City Council that the proposed funding b* approved and that a ' Hain Street Coordinator be hired to spearhead the drive to i successfully promote and redevelop Dentonts downtown area for the benefit of all those living in Denton. i ' BugSCgss_~ddcess Haag Uea -849cgss------------- - J2 - - - - - - - - - - _ _ - 1J Vii/ + ( j 4" a_-- ,j N ki 1. iif I~ I *TL Cl~t~'u ,for C~~ado lay W w. 41, jaw J ~ ~1' ~ / /Y' l • ~~'Y'' k ~I I a w• 0tt,k II ~ ~p~sy aye ~ AA, 1 ~ I i i C 5 I 1.. l M J I ~ . Vy.' _ i M r~ ' IQ_Ili~_~IIY..~~S~~t~ 16_QE_D€~tlo~{ 4 By resolution passed on Janurry 19, 1988 and March 1, 1988, the Denton City Council approved and nominated a "Main Street 1 Committee" to investigate and make proposals for the promotion and redevelopment of Dentonts downtown area. It has come to the attention of the Individuals below that the City Manager has d[ proposed that certain funds in bentonis next ai budget be used to hire a Main Street Coordinator. The individuals below support the City Council for its action and i commend the individual members for their concern over the future of Denton. 4 Therefore, the individuals below urge and recommend to the I City Council that the proposed funding be approved and that a I I Main Street Coordinator be hired to spearhead the drive to successful) y promote and redevelop Dentonts downtown area for the benefit of all those living in Denton. - >bQ1g----------------- HoMe_address_-_ -u i r- --s A It= - - g - lax(, 10 - - - - - - - - - - V , i j . TQ-THE_CITY-COUNCIL-OF_DENTQN BY +'esolution passed on January 19, 1988 and March L, 1988 the Denton City Council approved and nominated a "Main Street Committee" to investigate and make proposals for the ` promotion and redevelopment of Denton's downtown area. I Vhereasp the individuals below support the promotion and redevelopment of DentomPs downtown area, the individuals f ~ P r lr below do hereby urge and recommend that the Denton City 3 r. is Council. consider and approve the hiring of a ' permanent Main Street Coordinator to spearhead the drive to successfully n i promote and redevelop Dentonys downtown area for the bonefit of all those living in Denton. KIM! ---`"_----------'--HQMft_ ddEe ~---fig--- BUST 3 -~y~.f"/7~/~f~-'~:~ - ~ ~Sd~ ca~r'~rJG,~edcY r ~ I r s~Arr- TO_THE_CITY COUNCIL_O~_DENTON I By resolution passed on January 19, 1988 and March 1, 1988,, the Denton City Council approved and nominated a "Main Street Committee" to investigate and make proposals for the promotion and redevelopment of Denton's downtown area. Whereas, the individuals below support the promotion and redevelopment of Denton's downtown area, the individuals below do hereby urge and recommend that the Denton City Council consider and approve the hiring of a permanent Main Street Coordinator to spearhead the drive to successfully promote and redevelop Denton's downtown area for the benefit a of all those living in Denton. t N-!l M je, 4 l ~;7 - t a ~aM -----Ja-- ► ~xm 105 , R. h TO_T11E_CITY_COUNCIL _OF_DENTON s By resolution passed on January 19, 1988 and March 1, 19e8, i the Denton City Council approved and nominated a "Main Street Committee" to investigate and make proposals for the promotion f { and redevelopment of Denton's downtown area. 1 i It has come to the attention of the individuals below that the j City Manager has proposed that certain funds in Denton's next budget be used to hire a Main Street Coordinator. The individuals below support the City Council for its action and g` commend the individual members for their concern over the future of Denton. Thereforep the individuals below urge and recommend to the °s City Council that the proposed funding be approved and that a Main Street Coordinator be hired to spearhead the drive to successfully promote and redevelop Denton's downtown area for the benefit of all those living in Denton. Y, S ti C19m~-----------------NQ0~_address_-__-_---..___Bu~1ryess_Address , f i SY' i I TO THE CITY COUNCIL OF DEtQTON ; By resolution passed on January 19, 1988 and March 1, 1988, i the Denton City Council approved and nominated a "Main Street Committee" to investigate and make proposals for the promotion and redevelopment of Denton's downtown area. I It has come to the attention of the individuals below that the City Manager has proposed that certain funds in Denton's next budget be used to hire a Main Street Coordinator. The individuals below support the City Council for its action and commend the individual members for their concern over the A future of Denton. s Therefore, the individuals below urge and recommend to the City Council that the proposed funding be approved and that a Main Street Coordinator be hired to spearhead the drive to S; successfully promote and redevelop Denton's downtown area for t 6 t the benefit of all those living in Denton. i a 7 sine s Add es Him----------------- ~o~le_ad~L~gs------------- 71-( s ' - -fir- f' i 4 I Y~ i r TO_THE CITY_COUNCIL_OF_DENTON ~ i By resolution passed on January 19, 1988 and March 1, 1988, } the Denton City Council approved and nominated a "Main Street Committee" to investigate and make proposals for the promotion and redevelopment of Denton's downtown area. I ~ 1 1 It has come to the attention of the individuals below that the ~ r 1: City Manager has proposed that certain funds in Denton's next budget be used to hire a Main Street Coordinator. The G r { individuals below support the City Council for its action and a commend the individual members for their concern over the future of Denton. r, Therefore, the individuals below urge and recommend to the City Council that the proposed funding be approved and that a Main Street Coordinator be hired to spearhead the drive to successfully promote and redevelop Denton's downtown area for the benefit of all those living in Denton. 1 Hamit--------- -----H201€..hddc gs 3--•---------- B u s i n e s s _~dd r e s s elo ~.t,e R----._----- /-----5_ / ~ s~` F. ~o f A o-7 w t! ~r 3 I? 6ahe E ail N~ ~l 707 tsoOak-, 5r~- ln tot 5 !ec-ks~S~-3 3~i3 Oo-~ ~a„s~ 3 Z~'04 -RAY-W 000 SDI BA dg, Ok 1 1 ZVI- zs4Kj%tvu~ LIA- i V 5/ 7 /~evt4 10, i L f 9 it 1r 1 l~' 9 10 /`Vtc ~6rcj •4-!• ~&til~fdu %x %~.~n tof N Elm 1 Ian , l k 7(ozb 1 T-A /0 f ft) PR4 i I !r 4 {y1 } ` i I I- ~ LP. 4 J 1.20` AD 10 f !J 6W4. e4~J(P ~,r,~-~ ion /C E (i,✓ )t CL 1 tl -15 4 razN ~5 I~_o cJ, t7n1< 1 J , od t1 C l i Y 1 5 L 7 . I a h • it t• i t 1 t i 1 ENI) I 7 v t x OF t~ J i FILE 9 5 R 7