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HomeMy WebLinkAbout10-04-1988 AGENDA CITY OF DENTON CITY COUNCIL October 4, 1988 Work Session of the City of Denton City Council on Tuesday, October 4, Is880 at 5:30 p.m, in the Council Chambers of City Hall, 21S E. McKinney, Denton, Texas at which the following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 p.m. 1. Hold a discussion of the proposed planned development zoning of 867.8 acres of property located south of U.S Highway 380 and along Trinity Road and Lake Lewisville and extending approximately 2,400 feet south of FM 426 and of 414,9 acres of property located approximately 1,100 feet north of I-35 and extending to Pecan Creek. (Z-88-013 and Z-1861) 21 Hold a discussion of the proposed new. Airport Master Lease Agreement. 3. Executive Session: NOTE: The Executive Session will be held in the City Manager's Conference Room. A. Legal Matters Under Sec. 2(e), Art. 6252.17 V.A.T.S. 1. Consider intervention in Flow Bankruptcy Proceedings. B. Real Estate Under Sec. 2(f), Art. 6251-17 V.A.T.S. i 1. Consider Fire Station sites. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252.17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, October 4, 1988, at 7;00 p.m, in the Council Chambers of City Hall at which the following items will be considered: 7:00 p.m. I 1. Receive a citizen's report from Lloyd McGuire concerning street venders and solicitation permits. w City of Denton City Council Agenda October 4, 1988 Page 2 2. Consider approval of a request from the University of North Texas to hang banners from selected City streets announcing UNT Homecoming 1988. 3. Public Hearings A. Consider a request for changing a star.; name from Highview Court to Tree Crest Place. (The Historic Landmark Commission and the Planning and Zoning Commission recommend approval.). 1. Consider adoption of an ordinance providing for the naming of a public street. B. Conduct a public hearing on the renewal of franchise agreement by and between the City and Sammons Communications, Inc, 4. Consent, Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda item S,A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance, I A. Bids and Purchase Orders: 1. Bid 09900 - Used Data Processing Equipment 2. Bid 09897 - Janitorial Services 3. PR 0102272 - General Electric Unit 0S turbine'- $53,140 4. PR 0102274 - General Electric - Unit 0S turbine - $99,500 I i I City of Denton City Council Agenda October 4, 1988 Page 3 S. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the previsions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance providing for the approval of an amended site plan for all of the S.3 acres of land within the planned developmert district (PD-18) as established by ordinance No. 74-31 and being located at the Southeast corner of Cooper Creek Road and Mingo Road. (Z-1176) (The Planning and Zoning Commission recommends approval,) D. Consider adoption of an ordinance providing for the approval of an amended site plan for 30.3 acres of land within a portion of the planned development district (PD-22) established by Ordinance No. 81.50, and being located on the south side of Ryan Road, approximately 2,500 feet east of FM 2181. (Z-1778) (The Planning and Zoning Commission recommends approval.) E. Consider adoption of an ordinance authorizing the conveyance to Billy Ray Redmon of approximately ' 503 square feet of land owned by the City of Denton in exchange for the cunveyance to the City r of Denton of approximately 1403 square feet of land owned by Billy Ray Redmon (Wilson and Lakey Streets). (D-45) (The Planning and Zoning Commission recommends approval.) F. Consider adoption of an ordinance altering the prima facie speed limits established for vehicles under the provisions of Section 169(b) of Article 6701d, Vernon's 'r9xas Civil Statutes, upon portions of F.M. Road 426 (McKinney Street), within the corporate limits of the City of Denton, 3s set out in this ordinance. (The Citizens Traffic Safety Support Commission recommends approval.) f City of Denton City Council Agenda October 4, 1986 Page 4 G. Consider adoption of entry into an interl Of an ordinance authorizing ocal the City of Denton, the Cgt eement by and between and the County of Denton of Highland' Village establishment relating to the coordinate the a program to finance 2499 and providPnanning for the extension of aFM pursuant to said contract~ge expenditure of funds H• Consider adoption, of contract between the Citn ordinance approving a softball Umpires Association Denfoor an officiating games for City leagues, 8 I• Consider adoption of an ordinance authorizing the Mayor to execute an agreement with Doug Arnold 6 Associates, Inc, for consulting performance of an audit fervithe and the telecommunications services. City s 6• Resolutions A. Consider approval of a resolution relar D ecember Council meeting of December 6, 198the c , 1988, 1968 to 13 B• Consider approval of a resolution by Council of the City of Denton, Texas the city the issuance of bonds by the North ,T relating t Education Authority Inc, a exas Higher r roving t, a issuance of such bonds and tie use , ofppte pes of such bonds; and making certain findings therewith, olneconnection C• Consider approval entry into an interlocaaa resolution authorizing the city t of Denton and greement by and between relating to library services CfortyfiscalyDe ear 1988.89, ear D. Consider entry aanria~erlocala agreement cuthorizing the City of Denton and by aid between relating to ambulance service eforothe Of Denton 1988.89, fiscal year 7• Miscellaneous matters from the City Manager i1 f f 1 I City of Denton City Council Agenda October 4, 1986 Page S b. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 9. New Business: This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252.17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), ( Art 6252-17 V.A.T.S. 1 ' C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin b a at the City Ha 1 of the City of Denton, Texas, on the day of 1988 at o'clock (a. m,) p.m. I 1 -A4~ KhhIARY i ~ i i' ~r 2990C ~i i I ` I~ f i f F i I AGENDA CITY ON UEN1'ON CITY COUNCIL October 4, 19b8 Work Session of the City of Denton City Council on Tuesday, October 4, 1988, at 5:30 p.m. In the Council Lhambers of City Hall, 215 E. McKinney, Denton, lexas at which the following items will be considered: Note: Arty item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the i.egular Meeting. 5:30 P.M. 1, hold a discussion of the proposed planned development zoning of 667.8 acres of property located scuth of li.S Highway 360 and along Trinity Road and Lake Lewisville and extending approximately 2,400 feet L,outh of FM 426 and of 414.9 acres of property located approximately 1,1:+0 feet north of I-35 and extending to Pecan Creek. (Z-86-613 and Z-1861) 2. Hold a discussion of the proposed new Airport Master Lease Agreement. 3. Executive Session: NOTE: The Executive Session gill be held in the City Manager's Conference Room. A. Legal Matters Under Sec. 2';eArt. 6252-17 V. A. T'. S. 1. Consider intervention In Flow Bankruptcy Proceedings. i B. Real Estate Under Sec. 2(f), Art. 6252-17 V,A.T.S. 1. Consider Fire Station sites. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 Y.A.T.S. + Regular Meeting of the City of Denton City Council on Tuesday, October 4, 19bb, at 7:00 p.m, in the Council Chambers of City Hall at which the following items will Ne considered: i 7:00 p.m. E 1. Receive a citizen's report from Lloyd McGuire concerning street venders and solicitation permits. + City of Denton City Council Agenda October 4, 1966 Page 2 2. Consider approval of a request from the University of 'forth Texas to hang banners from selected City streets announcing UNT Homecuming 1966. 3. Public Hearings A. Consider a request for changing a street name from Highview Court to Tree Crest Place. (The - historic Landmark Commission and the Planning and Zoning Commission recommend approval.) 1. Consider adoption of ar, ordinance ;roviding for the naming of a public street. B. Conduct a public hearing on the renewal of franchise agreement by and between the City and Sammons Communications, Inc. 4. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda item S.A). This listing Is provided on the ` Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: Bid 49900 - Used Data Processing Equipment I 2. Bid 49697 - Janitorial Services i 3. PR 4102272 - General Electric - Unit 4S turbine - $53,140 4. PR 4102274 - General Electric - Unit 4S turbine - $99,500 I 'ti i f i City of Denton City Council Agenda October 4, 1966 Page 3 5. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services, B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance vith the provisions of state law exempting su;-h purchases from requirements of competitive bids, i C. Consider adoption of an ordinance providing for ' the approval of an amended site plan for all of the 5,3 acres of land within the planned development district (PD-18) as established by Ordinance No. 74-31 and being located at the f southeast corner of Cooper Creek Road and Mingo Road, (Z-17%) (7he Planning and Zoning Commission recommends approval,) D. Consider adoption of an ordinance providing for the approval of an amended site plan for 30,3 acres of land within a portion of the planned development district (PD-22) established by Ordinance No, 81-509 and being located on the south side of Ryan Road, approximately 2,500 feet i east of FM 2181. (Z-1776) (The Planning and Zoning Commission recommends approval.) E. Consider adoption of an firdinance authorizing the conveyance to Billy Ray Redmon of approximately 503 square feet of land owned by the City of Denton in exchange for the conveyance to the City of Denton of approximately 1403 square feet of land owned by Billy Ray Redron (Wilson and Lakey j Streets). (D-4S) (7he Planning and Zoning Commission recommends approval.) F. Consider adoption of an ordinance altering the prima facie speed limits established for vehicles under the provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, upon portions of F.M. Road 426 (McKinney Street), within the corporate limits of the City of Dent ol, as set out in this ordinance. (The Citizens Traffic Safety Support Commission recommends approval.) 1 City of Denton City Council Agenda October 41 1968 Page 4 G. Consider adoption of an ordinance authorizing the CityeofnHighland Villa ge0 therCitytofa Deinnttoenrlocal and the County of Denton relating to the establishment of a program to finance and unds coordinate 99 and prothe vidln8n for they exthe penditures orf fof FM pursuant to said contract. H. Consider adoption of an ordinance approving a Texas contract Umpires between the City of and the North officiating softball games for City leagues. l Mayor d to execute adoption an of an agreements with authorizing sArnold h6 performance lnof for conauditsng of the a City's telecommunications services. 6. Resolutions A. Consider approval of a resolution changing the regular Council meeting of December 6, ;1468 to December 13, 1988. B. Consider approval of a resolution by the City the Council issuance h of City bonds bynthe, North Texas, TexasiHigher Education Authority, inc.; approving the issuance of such bonds the use o bonds; and making certain Einthe dings proceeds e connection therewith, resolution authorizing C. Consider approval of a the entry into o of Denton candagthemeCounty a of between Denton relating to library services for fiscal year 19bb-b9, I D. Consider approval of a resolution authorizing entry into an interlocal agreement by and between the Gity of Denton and the County of Denton relating to ambulance service for the fiscal year 1988-89. 7. Miscellaneous matters from the City Manager r City of Dent;.a City Council Agenda October 4, 1986 Page 5 6. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel U. Board Appointments 9. New Business: This item provides a section for Council Members to suggest items for futilre agendas. 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.1'.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. C E k T I F I C A 7 E I certify that the above notice of meeting was posted on the bulletin board at the City Nall of the City of Denton, Texas, on the day of , 1968 at o'clock (a.m.) l.. m. i SFCkhJXRT I~ I 2990C i r E III IIIIIIIIIIIIIijill III I pill 111 11 I GA1'Et 10/U4/88 CITY COUNCIL R11"-) T F'ukMC".' T0: Mayor and Members ,f the city Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Discussion of zoning requests Z-88-013 and Z-1861 (Lakeview and Southview) ?ECOM NI Zoning Commission recommended approval of 2-88-013 at The Planning and itsjuber214,1988 m etinngbbyaavote of 46-0erd approval of 2-1861 at its SUMMARY: Staff has attached a summary of Develut ent G~ d espooncies a priorndtorcorlatat idsues. Staff will be glad to respond to any q the study session. BACKGROUND: ~A detailed statement of history of area since 1464 is attached. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Property owner, adjacent property owner, city staff F25CAL~TI No impact has been determined at this time. Reapec ly e~bmt t I Lley Harrell City nsger Prepared bYI Cer, a arson Urban Planner APpr veds rank H. Wbns Executive Director for Planning and Development I I` ~1 r CONTENTS Page 2 Background and Information 4 Development Guide Policies 6 Summary Existing zoning (Z-1779) 7 Land Use 8 Intensity Analysis 9 Concept Map 10 Concept Plan Summary Proposed Zoning (Z-88.013) 13 Location Map 14 Land Use Graph 15 Residential Land Use Summary 16 Lakeview Acres in Residential Chart 17 Lakeview Units in Residential Chart 18 Intensity Analysis 20 Concept lap 22 Summary of Zoning Restrictions 23 Development Phasing Proposed Zoning (:-1861) 24 Location Map 25 ,ii,d Use Graph 26 Residential i.,gnd use Summary 27 Intensity Hl„13ysis 28 Concept Map 29 Summary of Zoning Restrictions 30 Development Phasing 31 Residential Summary (2-88-013 E Z-1861) 32 Minutes - Lakeview 40 Minutes - Southview i 'tE f f i r i V BACKGROUND INFORMATION Z-88-013 and Z-1861 Prior to any discussion about a project called Lakeview, the City of Denton annexed 470 acres of property from U.S. Highway 380 south toward McKinney Street following Trinity Road and the Corps of Engi- neer property along Lake Lewisville. Ordinance 84-98 was adopted by the City Council to annex the property in order to control develop- ment on the 470 acres, because the property owners at the time had " resi- dential informed the Psustaff that bdivisions mobile eprhome oposedras land uses for the estate In 1985, Miller of Texas, Inc., now RMB Realty, Inc, regvested annexation of 304.9 acres located along Trinity koad and lake Lewisville and extending from north of Mills Road to south of McKinney Street. In November of 1985, following annexation of the 304.9 acres by Ordinance 85-210, a zoning application was submitted to the City of Denton for creation of a planned development zoning district. A public hearing on Z-1779 was conducted by the Planning and Zoning Commission on December 4, 1985, and the Commission recom- mended approval by a 3 to 2 vote. The City Council held a public a hearing on January 7, 1986 but tabled the zoning request (Z-1779) } in order to review additional information. At the February 4, 1986 City Council meeting, the Council recommended the preparation of an ordinance changing the zoning to the planned development zoning Planned adopted Developmenth126ouncil on January 6, district. oning Ordinance the property 87-008 was 1987 z In March of 1986, following the City Council public hearing and recommendation on Z-1779, applications for establishing a planned development zoning district and annexing 66.001 acres were submit- ted. The annexation of property at the northern edge of Z-1779 and extending to U.S. Highway 380 was approved by the City (Ordinance 86-140) but the zoning appplication was withdrawn by the petitioner prior to public hearing by the Commission. Included in the area now identified as Southview, several annexations and zoning requests have occurred. In 1984, 66.5 acres at the south- west corner of Pockrus and Swisher roads was annexed by the City f (Ordinance 84-97). A zoning request was submitted for a manufactured housing subdivision in conjunction with the annexation,, however, the City Council denies the request in September of 1984, Following the denicl, requests to create a 17.10 acre planned development district j for Single Family-7 along Pockrus Road and estate lots along Swisher Road (PD-88) and to create a 49.41 acre planned development district for a manufucatured housing subdivision (PD-89) were submitted. The City approved the requests in December of 1984, 2 - i I Background Information Z-88-013 and 2-1861 Page 2 In 1986, the City annexed 132.64 acres owned by the Corps of Lngi- neers which abutted the southern edge of the Lakeview development. Miller of Texas, now RMB Realty, Inc, submitted a request for annexa- tion and zoning to the planned development zoning district on 299.83 acres. h'hile the annexation was approved by Ordinance 86-130, the petitioner requested withdrawal of the zoning consideration prior to public hearing. In September of 1986, the staff began working with a new team of representatives including ladividuals from Carter and Burgess and Miller of Texas, now RMB Realty, Inc., to revise the Lakeview con- cept plan and zone additional property owned by RMB Re31ty, Inc. Prior to this date, the City had not dealt directly with the owners of the property. On June 5, 1987, some nine months after the first discussion with the new team, two applications for zoning were sub- mitted One application for planned development zoning on 837 acres, including the existing planned development, was submitted and later revised to 867.8 acres which included an additional 30.2 acres for a school/park site. The other application was submitted for planned development zoning on 414.9 acres including PD-88 and PD-89. After a year long review and negotiation process, a public hearing was scheduled before the Planning and Zoning Commission at its meet- ing of June 7, 1988. The Commission unanimously denied the Lakeview request stating among other reasons that the zoning request violated the intensity by 17 percent and the density of the request was 9.49 units per acre. The petitioner requested that the Southview zoning i request be withdrawn prior to the public hearing. The two zoning proposals were revised to address some concerns of the Commission and were submitted for consideration at the Commis- sion meeting of July 27, 1988. The Lakeview request was recommended for approval, and the Southview request was tabled until the September 14, 1988 agenda. The Southview zoning case was tabled at the request of PMB Realty, inc. in order to provide time to revise the concept plan and to address concerns of the adjacent property f owners. The Commission held a public hearing on September 14, 1988 i to review a revised concept plan and recommended approval. i i I j i i IS17x 9/28/88 i 3 - I LEVELMILN't WILL 0 L1 S o lntenci?y r Z-88-013 Moderate center at U.S. highway 38U 91 over standard 171 over proportionate share Moderate center at McKinney Street U% over standard 91 under proportionate share Low Intensity Area 161 under standard 231 under proportionate share Overall project intensity 51 under standard 2-1861 Low Intensity Area 61 under standard 61 under proportionate I share j Overall project intensity 61 under standard o Concentration of Multifamily Z-88-013 Conforms with policies Z-1861 Conforms with policies o Separation of multifamily concerntrations (1/2 mile or 2,640 feet) Z-88-013 Conforms within project "I 2-1861 Conforms within project 1 Tracts 39 and 41 of Z-88-U13 and Pratt 3 of Z-1861 are located 21100 feet apart. o Concentration of non-residential land uses in low intensity areas Z-88-013 Conforms with policies Z-1861 Conforms with policies except Tract 6 is 12 antes * See pages 18 and 22 for calculations 4 - I Development Guide Policies Page 2 o Separation of non-residential land uses (112 mile or 2,640 feet) Z-88-013 Conforms with policies except Tract 15 is 1,700 feet south of moderate area Z-1861 Conforms with policies I o Diversity and Protection of Housing Z-88-013 Conforms with policies Specific land uses provided separately Z-1861 Conforms with policies Specific land uses provided separately j I i i { I 3 i I f I i i I 5 I I I ~ SUMMARY o Intensity Standard (Denton Develo ment Guide) Existing zoning 108 over Proposed Lakeview 51 under Proposed Southview 61 under o Density (units per acre) Existing Lakeview Plan: 16.0 u/a Proposed Lakeview Plan: 7.2 u/a* Proposed Southview Plan: 5.1 u/a *Overall density 7.2 u/a - Low intensity area density 5.3 u/a o Public Use (Percentage of Development) Existing Lakeview Plan: 41 Proposed Lakeview Plan: 81 Proposed Southview Plan: 61 o Parks and Schools Property dedicated in existing plan: 31.0 acres total and $250,000 payment (8.4 acres parks and 22.6 acres schools) Proposed Lakeview Plan (Z-88-013): 64.5 acres parks to be donated and school sites to be negotiated Proposed Southview plan (Z-1861): 28.0 acres donated for parks includes 10 acres for joint school/park i Park land dedication standard of 1 acre per 100 dwelling units Existing zoning (PD-126) - 96 acres Proposed Lakeview (Z-88-013) - 44 acres Proposed Southview (Z-1861) - 17 acres Dedicated in Lakeview/Southview (with schools) - 92.5 acres 1 Park land dedication standard of 3 acres per 1,000 population Existing zoning (PD-126) - 96 acres Proposed Lakeview (Z-8F•nl3) - 36 acres Proposed Southview (Z-1861} - 15 acres Dedicated in Lakeview/Southview (with schools) - 92.5 acres 1197k 6 - I EAISTIAG z0NING La} ew: 2-1779 Single Family (Less than 12 u/a) 332.36 Total single family acres i,543 .0U Total Single family units 4.64 units/acre Density ~,ulti-Family Total multi-family acres 265.74 8j026.UC Total multifamily units 3U,2U units/acre Density Total 598.30 Total residential acres 9,571 00 Total reside '.ial units 16.UU units/acre Total aensity F~rcentage of Development Land Use 361 Single Family (SF-10 and SF-7) 10 Cluster/moderate Density flouting 39 ~lulti-Eamily 9 Office/Grneral Retail 4 ' public U.;e 100 " *Right-of-way acreages were not provideds single hn&u i j otlloVOWL "tall Dlla Use - i Hadsner ouutty i tU1t i Nut -M~ 71A ~ i 7 - INTENSITY ANALYSIS Z-1779 Tract Trios/Day A 2,260.80 B 4,295.04 C 2,868.00 D 18,755.22 E 3,081.60 F 1,101.12 a 1,138.15 R 1,375.50 I 2,485.35 J 3,619.20 K 1,803.39 L 252.00 M 23,543.28 N 43,140.00 0 1,152.80 P 782.85 Q 3,314.00 R 2,860.00 S 2,864.80 T 1,839.20 U 2,373.12 V 4,360.32 W 2.414.40 TOTAL., 131,660.00 Tripe per day INTENSITY CALCULATIONS Moderate 60ac X 250 15,000.00 Low 643.37ac X 75 + 48,252,7 Intensity Standard . x63,252.75 Total for Proposed Development - x.31.680.00 _68.427.25 108% over With expanded nodes: Moderate (A, B, C, D. and E) 80.84ac x 250 . 20,210.00 Moderate (X, L. M. N. and 0) 160.88ac x 250 . + 40,220.00 Low 449.16ac x 75 . + 33.667.00 Intensity Standard 94,117.00 Total for Proposed Development - 13L 680.00 - 37,563.-00 40% over } 0029k - 8 - r i } a 71 I . •1 , oil t Yt k~ DEVELOPMENT a CONCEPT L AKSVIRW DIVNLOPMENT <l t" ' - 9 - I 1 CONCEPT PLAN 4 I PROPOSED MAXIMUM MAXIMUM MAXIMUM MAXIMUM MINIMUM CPEN PARCEL E LAND USE ACREAGE UN1TS SQUARE FEET l'LDG. COVERAGE HEIGHT DACE IN ACRES A Single Family 15.70 292 WA /Ot 2 1.6 Attached 11` g Multi-Family 23.37 $37 WA lot 3 2.2 MF-1 6,78 WA 1918200 40% 3 WA C office j k 2 WA k ' D General Retail 11.94 WA 3120597 401 R O k R E Multi-Family 4Ot 3 1,6 r 11 Mp-1 16.05 3B5 WA F Single Family 4Ot 2 1.2 Attached 11647 137 WA I G community N/A WA N/A Facility 13.39 NIA N/A H Ejsjngle mily 39.30 137 WA 351 2 WA i 1 mily 35% 2 WA 71.01 249 WA ' 1 Ii I j i ~ r 1 CONCEPT PLAN (CONT.) i i 1'RCPOSED MAXIMUM MAXIMUM MAXIMUM MAXIMUM MINIMUM OPEN PARCEL LAND USE ACREAGE UNITS SQUARE FEET BLDG, COVERAGE HEIGHT SPACE IN ACRES J Single really i Detached 37,70 452 N/A 401 2 3,8 X office 7.70 A 120,226 40 1 W 1 3 N/A M L Park 8.4 WA WA WA N/A 8.4 I M General Retail 22.52 WA 392,338 401 3 WA i r E N MUlti-molly MP-2 107,65 50393 WA 401 7 1018 0 single really Attached 14.41 115 WA 401 2 1.4 i i P Comanity 'I Facility P.21 WA WA WA WA WA j 0' single really E 1 St-7 82,69 331 N/A 351 2 WA - i 3 R Neighborhood j Service 4.4 N/A WA 401 2 WA E j 4 : r I E i r CONCEPT PLAN iCONT.I i PROPOSED MAXIMUM MAXIMUM MAXIMUM I PARCEL LAND USE MAXIMUM ( MINIMUM OPEN ACREAGE UNITS SpUARE ?EiT BLDG, COVERAGE BEIGNT SPACE IN ACRES S Single Family SF-7 71,62 286 WA ( 35% 2 N/A T Single family Attached 22.99 184 N/A 401 2 2 .7 U Single family Detached 24,72 297 N/A 401 2 2,5 V Single Family F Attached 30,2E 545 N/A 401 N 2 3.0 _ i K Single Family Detached 30,18 241 WA 401 2 3.0 ri ~i i I j i i 01290 I t I' I I ~ j I I I Z 8S-01 3 LAKEVIEW SITE SLA00 AD. 0 CITY OF i IDA %N DENTON MILLS 00. N ~y $ rl P ti LAKE LEWISVILLE f i I i i CORIN H / 1 LOCATION MAP 13 - I w r LAKEVIEW LAND USE 2-88-013 Land Use Acrea.Be Percentage -ST TfI.0 20 SF-7 226,6 26 Cluster 88.1 lU SF-A 64.4 7 MF 59,8 7 comm. Fac. 10.0 1 0 18.2 2 NS 12.0 1 GR 49.7 6 L1 35. b 4 School/Park 30,2 4 Park 34,3 4 Right-of-hay 67.5 8 TOTAL 667.b 1001 1 single Fa 46% i Office/09n. Retail D% a.~ eight-of-Way Multi-Famil "i'ght industrial i Public Use, Moderate Density ~J 179E s ineludes community racilitiu 14 - i 1 f I i LAND USE SUDIMARY 2-66-013 Single Family (less t!~an 12 u/a) Total acres 550.3 Total units 21872.0 _ Density 5.2 u/a Multi-family Total acres 59.6 Total units 1,496.0 Density 2S.0 u/a Total Residential Total acres 610.1 Total units 4,368.0 Total density 7.2 u/a" AIncludes housing In Moderate Intensity Area Low Area Includes: Single family units 21595.0 Multi-family units 200.0 527.7 Acreage 5.3 u/e Total density I I i F `r f _ 15 a: v Lakeview Zoning Total Acres ~ single Fand.ly R©sid©ntial Multi-Family 600 550.3 550 500 450 400 350 332,26 300 265.74 250 200 ~'M1 { 6 150 100 59.8 r 0 Z-88-013 (Proposed) 'G-1779 (F:xieting) ~ i 16 - I it I I Lakeview Total Units single Family 0 Multi-Family 8,500 8028 8,000 7,500 7,000 i~ 6,500 F y.: 6,000 r pti 5,500 5 F 5,00 u :rfi 3 l Y 4,500 ` 4.000 31500 2872 3.000 21500 2,000 1543 1496 ' v iJVV S, f<y 1 rV 2x1779 (Existing) Z--BB-013 (Proposed) i w i - 17 - I I MODERATE 1NIENS11Y AREA - U.S. filGIIWAY 360 Lang A37 a Intensity Factor T~~CO 0 7.0 350 2,450 MF 21.b 200 4,360 LI 35.6 105 3,759 Comm. Fac. S.0 b5 425 TOTAL 101.6 13 " Intensity standard 101.6 acres x 250 td/ac ■ 250400 Intensity standard 1S.U acres x 2SU td/ac ■ +31750 (Minimum amount north of U.S. Hwy. 360) Proposed intensity -3_.1,794 91 over the standard 41&w Proportionate share 25,400 Requested intensity -31 254 over proportionate share of moderate intensity With ROW: Proportionate share 106.8 ac (101.6ac + 7.2 ac ROW) x 2SO td/ac 27,200 Requested intensity -3.1794 171 over proportionate share MODERATE INTENSITY AREA - FM 426 I Lane Acreage intensit Factor TD/AC I 17.7 , 5 1 0 11.2 350 3,920 CF 5.0 5S 425 MY 30.0 200 60000 Cluster 14.6 50 10166 Park 4.0 30 110 SF-A 16.0 100 X60_0$ TOTALT , Intensity standard 96.S acres x 2SU td/ac -24 625 01 over the intensity standard With ROW: Proportionate share 1U9.2 (96.S ac + 10.7 ac ROW) x 2SO td/ac 27,300 Requested intensity 2.435 91 under proportionate share c.~vc - 18 - Page 2 LOW INTENSITY AREA Land Use Acreage Intensit Factor 1D/AC ST-76 -17 :u - S94Ma SF-7 216.6 43 9,752,4 Cluster 73.5 60 5,8b0.0 SF-A 46.4 100 4,840.0 MF 6.0 200 10600.0 NS 12,0 6S0 7,800.0 Park 30.3 30 909.0 Park/School 30.2 30/6SA 1,456.0 TOTAL 600,2 370709.4 Intensity standard 600.2 acres x 75 td/ac - 45 ,015,0 161 under intensity standard 161 under proportionate share A10 acres 0 65 td/ac school sites and 20.2 acres @ 30 td/ac With ROW: Proportionate share 649.6 (600.2 ac + 49.6 ac ROW) x 75 489735.0 Requested intensity 37170099_4 231 under proportionate share J1~.1Zf~,rs :z I 1 1 j i .c I 19 - i ure uu ~w~.. uwv~w 'S7 ~ ~ tom' Y . i ~ W♦ . ti MY VyA r ~ u y u ar r . M r' r ,n h• ~ r .L. 41 - u•u •a»w r 4 ~LfC. ai d Y 1 • ~~~k. r! .!G I • r ~err~ ion Mw . LAKKVINW gJNlN w•MwlMf owe" % w■U MIVW t i OAI 4 rw rr»r..w. urr »»r~ R~, - 20 - • I / OR 0R MF U b U• as u' OSe F: T 1 LI / u MF As t i SF-5 s rGe s &F-A, $I I- 40,, N6 R.o OLi/ PARK X11 11 - 14 SF -A 1s 1T OF-? 114 o F- N $AS P!L! 1/ F-T F- 14 SF-T to PARK 1T 1/ 1 CL-1 f/ u M.Y SCKI PARK 1o PARK N IF-. M1 1 ti MC7 s -o H aP.~o SF-to to M 11 PARK SF•A - 1/ / CL-/ OR w S} H~ OF i GM is OFF W ~s LAKEVIEW PLANNED DEVELOPMENT 21 f I 7_1_1188 (Revised 7-21-88 ) SUMMARY OF ZONING RESTRICTIONS - LAKEViEW OTAL Y-10 T WMR KJAX IDTH1 COVER f F o mu BBtK Ps Ao F,AN T~ SPAOE NT710N AM PER IRfTARra l0= yM- /ALL111.0 10,000 91. SO A 116 170 70 35% NA P NA 30 10% $0 ENCLOSE NA 01 617 31 1,761 D BN= ►AAaY-t two ip00 By, Box 116 100 BO PS% NA ! NA P6 10% 10 P ENCLOSE NA 13 •1! , 1 LF V AT7 44.1 SAN u. SON 100 100 10 10% NA ! NA M EPARAT 0, AIN q 10 EN1 # 1 4.1 10 611 11 %161 I 0/.1 NA NA NA NA 06% NA 1 NA !0 1MRAT10 10 ENCLOSED 6.7 / 706 1.1 %so$ {JE` 66A Y NA NA NA NA 10% NA 0 NA 00 10' MK 10 1.76 'l6 1,416 U Sri// I` 10.1 NA NA NA NA 10% /61,11/ 0 0/ !0 NA 10 11*00 V. NA N11 NA M. 61A I 1 t 0M 11.0 NA NA m m b% 619,110 S 0!0 !0 10 10 I/LOO lf. NA NA NA 'MA MA I060001AL WTAL e1.T NA NA NA NA 10% - ,701.01 1 IA 00 NA 10 17100 a. NA NA /IA 11A 161 11711'11tA7STRLY, ft./ NA NA NA NA i0% ,!17,66 ! tI ID NA 10 111000lf. NA NA m m NA NA NA NA I COMMUNITY NA NA %A kA 10% 664,71/ F ! M NA 10 11200 IF. NA NA 3 CILITIVS 10./ SC DOLIPAKKJo 06.1 6e, II Al 1 /ARK //,6 kA NA NA NA NA NA /U NA NA NA NA NA 71.5 NA NA NA NA (t ; MAJOR P.O.W. 61.6 NA NA kA %A NA NA HA NA NA NA kA NA NA NA NA NA NA F, COLLECTOII FLOW. 11.0 NA NA kA NA NA NA NA NA NA --_NA NA NA NA NA NA NA NA foTAL1 •07.1 ~__~"~.v`I`~ 1.671,71~~_ -'.~~_.~~6.1 1.116 - 11,011~~1 1 LAKEVIEW ADDITION i DEVELOPMENT PHASING SCHEDULE f, of Site Plan Development Phase Acreage Tracts Project Submittal/Review Start 1 - (ILIA) 98.5 32 thru 41 12 June 1994 Sept. 1995 2 (111B) 150.2 27 thru 31 19 March 1995 June 1996 3 (IVs) 246.4 1 thru 11 S 31 Sept. 1996 Dec. 1997 18 thru 23 4 (IVB) 305.2 12 thru 11 A 38 March 1998 June 1999 24 thru 26 800.3 Acres i I i f k j R~CEIV~D Jul 22 1988 PLANNING 6 DEVELOPMENT DEPARTMENT I C&B No. F187008001 - 23 - i 1 Z1861 SOUTHVIEW H~NY' 350 P CITY OF ~~001 DENTON c N M~ryq• y G 00 .C LAKE LEWISVILLE c r SITE c AMACY AM • no - I 05 N CORINtH / 1 1 LOCATION MAR' - 24 - r SQUTBVIEW LAND USE 2-1861 Land Use Acrea a Percentage SF-10 93.4 23 - SF-7 209.4 50 Cluster 10.6 3 MF 16.0 4 NS 6.0 1 Community Facility 3.0 1 GA 12.0 3 School/Park 10.0 2 Park 18.0 4 36.5 9 Right-Of-Way 414.9 100% 2205j li Hu It i-Fem.ly 737c e~ CKfiw/Con. R~cail L PPiight-0f-Nay Public Um ` 7% y L Modocbto Daruity 1r 3% includes Community Facilities 25 - i 1 I 5 LAND USE SUMMARY Z-1861 Single Family (less than 12 u/a) Total acres 313.4 Total units 1,282.0 Density 4.1 u/a i Mulci-Family ` Total acres 16.0 Total units 400.0 Density 25.0 u/a i Total Resiu.:+ial Total acres 329.4 Total units 1,682.0 Total density 5.1 u/a I 1 i 26 - i t i (.1( INTENSITY ANALYSIS Land Use Acreage Intensity Factor TD/AC SF-10 93.4 32 20988.8 SF-7 209.4 43 99004.2 Cluster 10.6 80 848.0 MF 16.0 20U 3,200.0 NS 6.0 650 31900.0 Community Facility 3.0 85 255.0 GR 12.0 650 79800.0 School/Park 10.0 85 850.0 Park 18.0 30 540.0 Total 190386.0 Intensity Calculation Intensity Standard (414.9 ac x 75 td/ac) 310117.5 Proposed Intensity 29,386.0 Unallocated Intensity 11731.5 61 under intensity standard I i i E i f i I t 1 f 2205] 27 - ~t 1 , f . ~ t eQ r ~ 1 f. rwwul~r f ' .11. j i ~ CONCY~1 •l~N ■a _y SOUTHVIEW a ~•~~'r ►IhNN~e mvmIG//ANT MNMK TOK" Q\- \www. r.r w•~.~ o~"mn.~ .a~.+.~ .+rrru. 28 w,. , r + w . Hn u.u.w a .e. nn J (Y~YIII.MI't ~'1.' Y ~ Y :T. .'bY. r.v1 Io.. wO.. Y. .~.Y I..ti T' 1•MMf1 11.Mrle ,.n . r. . i I,.M ~ ..f, b~ Nw _ _ IIP ~,'~Y w I ~ 6L _ 8/28/88 (Revised 9-1-88 ) SUMMARY OF 70NING RESTRICTIONS - SOUTHVIEW M1'L PARAIq MN OPEN LW PERSON 1 041RCT NET A61L lANO ARFA tYP1CAl lOT MIN LO LNK SL%DVq MAK MAK Iif. MAK MN MN SOE REAR PIOU a SPACE PER MA S PER tOfpl OES"ItION ACRE? PER Wi LOT SIZE OEPTN WDTN QOYERAGE 19fORE57 fAA YARD YARD YARD P19f, of fA UCRE 51 ACRE 11015 OU ' 11 4•IOl2 FAL<T-10 1!-0 10,000 9f, b 0 173 Ito 10 05% NA t NA 00 10% 10 ENCLOSE NA 32 !61 7,1 696 t SINOL2 PAMLY-1 20" 1,000 9.F. 60 0 $ IS 100 60 OS% NA 2 NA 25 10% 10 7 ENCLOSE NA 1.5 600 7,0 11.700 If0ml, 60N SOW fA61lY-1o n/ 14000 S1. 60 0 1760 :40 70 7Sx 2u : ,NA 20 IOx 11G 2 ENCLOSED NA u 9e u• NS a 10, MIN. _ CLUSTER NOMES U.6 NA NA NA NA 34% NA 7 NA 70 EPARA q 10 ENCLOSES 1.0 2.r 139 10' MIN. 10 Lis /.S 29 100 2.3 1,104 N IALTOPAMLY 16.6 NA 11A NA NA /0% NA 2 NA 20 EPARATIO Lo 1•0 NA NA NA N.'. 40% 160,610 11 M NA 10 11200 6J. NA NA NA NA NA C011NIfN1TY FACILITY 1E*HGO.1000 6.4 NA NA NA NA 4" 100.666 1 0,11 20 10 f0. 11200 S.F. NA NA NA NA NA SONG! GENERAL RETAIL 111.0 NA NA NA NA 40% 411.179 2 110 20 NA 10 1/20091. NA 1:1 NA NA NA 60NOOL)FARK 14.6 NA NA N4 NA NA NA N±1NA N4 NA NA NA 10.• NA NA NA NA PAW. IL• NA NA NNA NA NA NA 16.6 NA NA NA - NA NA NA NA NA :#4A NA NA NA MA.gR 0.01V.NA NA NA NA NA NA NA NA COISECfgI ROW. IIJ NA NA NA NA NA NA NA NA NA NA NA NA NA NA- IOfNI S HH-~~ - 161 010 1,661 - 1,6b I I y` i 1 f .1 SOUTHVIEV ADDITION DEVELOPMENT PHASING SCHEDULE (8-26-88) X of Site Plan Development Phase Acreage Tracts Project Submittal/Review Start IA 164.7 11 thru 14 6 43 March 1989 July 1989 16 thru 18 IB 89.1 6 thru 10 6 23 March 1992 July 1992 I5 II 124.9 I thru S 34 March 1994 July 1994 378.7 Acres h. 1 I I f CiB No. Y157008001 30 - i 1 i LAKEVIEW AND SOUTHVIEW PROPOSED ZONING Single Family (Less than 12 u/a) 63.7U Total single family acres 8 q,6S.00 Total Single family units 4.80 units/acre Density Multi-Family SU Total multi-family acres 75. i,d .0 Total multi-family units 25.00 units/acre Density Total 939.50 Total residential acres 6,050.00 Total residential units To 6,00 units/acre ` Total density f i it i j I 2018a/13 r 31 i P&Z Minutes July 27, 1988 Page 2 kETITIONLR: bud Hauptman, me troplex Engineering, stated t Fe -would answer any questions that the Commission may hat IN FAVOR: Note Present. OPPOSED: None Present. RECOMMENDATION: Ms. Carson slated staff recommends approval otf88-old. REBUTTAL: None Offered. Chair declared public hearing closed. DECISION: Mr. Glasscock movid to recommend approval of Z-&Bu[a. Seconded by Fir. Kamman and unanimously carried x(7.0). B.J Z 88.013. Consider making a recommendation on the petition 'of iEFfB; Inc. requesting approval of a planned development and concept plan on property currently toned planned devel- opment (PD-126) and agri.ultural (A). The request includes approximately 867.8 acres of property located south of U.S. Highway 380 along Trinity Road and Lake Lewisville and ex- tends approximately 2,400 feet south of FM 426 iEast McKinney Street). The property is more fully described as a part of the Moreau Forrest Survey, Abstract 417, and the William D. Durham Survey, Abstract 330. If approved, the following land uses would be permitted: Single family - 10 171 U acres with a density of 3.2 units per acre single F;amily 7 le F acres with a density of 1.3 units per acre ZZO. 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 - 18.2 acres Neighborhood Service 12.0 acres General Retail 49.1 acres 1 Light Industrial j 35.8 acres Community Facility 10.0 acres School/Fork 30.2 acres I Park 74.3 acres Rigbi-cf•way 67.5 acres Twenty eight notices were called to property owners within 200 feet; one reply form was received in favor, and one was t/ received opposed. STAFF REPORT: Ms. Carson stated that she would go over a I summary of 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 propo!al 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. 32 - i P62 kinutes July 27, 19gg Page 3 She continued that the existing planned development, regarding the public use category, included 4 percent for pQarks and school sites and also incluued a donation of 82S0,000. She said that the monetary donation was to prepare Corps of Ingineers property located oast of the parcel. Ms. Carson stated that, in the concept plan being con- sidered, h percent is designated for pub-.1c use, which Included o4.S acres of land for parks to be donated and one additional school site, Tract 34, which wr,,ld be negotiated if necessary. She said the parkland dedication standard of one acre to 100 dwelling units showed that the requirements for Lakeview would be 44 acres. She added that the parkland dedication standard of three acres per 1,C0o population would be 36 acres. She said that in the LakeviewlSouthview area, there was a proposal for 92,S acres. Ms. Carson stated that the existing toning was 108 percent over the standard and 40 percent over the standard based on the moderate nodes as they were expanded by toning. The overall proposal for Lakeview concept plan is S percent under the intensity standard. She said that the request is for greater than a propyortionate share of intensity in the moderate node at U.S. h.ahway 380 and Lakeview Boulevard. Ms. Carson stated that the area did Include a 15 acre site north of the intersection. She said that it was based on the Levelopment Guide statement that the moderate node Is located at the intersection and the assumption that the 30 acres is equally divided to each corner of the intersection. The node could be expanded from 30 acres to a maximum of 250 acres based on policies of the Guide. Ms, Carso,. stated that in staff's basic calculation, the 1S acres in the north were included. She added that the actual propor- ttovate share would make the moderate node 25 percent over the standard. If the right-of-way was Included, it would be 11 percent over the standard. Ms. Carson stated that the moderate node at FM 426 is under the standard based on the Intensity standard and 9 percent under the proportionate share, With right-of-way included, the low Intensity area would be approximately 23 percent under and without including he right-of-way would be 16 percent under. Mr. Kamman asked if Ms. Carson would expand on the IS acres north of U.S, highway 38U. Ms. Carson stated that In the Development Guide, the moderate nodes-re defined at being located at intersections. Under the r-solution that was passed by the City Council in 1987, a 30 at .e node was Included at the intersection of U.S. Highway 380 and the proposed Lakeview Boulevard. She said that In preparing the analysis, the developer requested 101.6 acres in the moderate node. In addition, there is an allocation based on staffs' Interpretation of the Guide, that there would be 30 acres at the intersection; therefore, there would be 1S acres on the rjrth side or outside of the development pro- posed which would be in the moderate node. She said that the overall node, at this point, would be 116.6 acres in site, Mr. Holt asked if the Commission was to make a decision on the 15 acres. Ms. Carson said no. Mr. Holt asked if the amendment recommended a $0 acre node at the corner, Ms. Carson stated that the Levelopment Guide states that the nodes start at 30 acr,;s and may be expanded with diversity to 2S0 acres. She added that the 3u acres would be the starting point. 33 - It 1 I I~ I T -.r r P6: klinutes July 27, 1y68 Page 4 ~I Mr. Holt asked if the Levelopment Guide stated that the developers had to allocate for each corner. Ms. Carson said no. Mr. Engelbrecht asked if the triangular piece of property located at U.S. Highway SBO and pproposed Lakeview Boulev:rd was part of the moderate node, his. Carson said there are approximately 15 acres that have not been defined, at this point, as being part of the moderate node. Mr. Engelorecht asked what would be the options for the triangulat piece of property in the future, Ms. Carson stated that one possibility, with recommendation from the Planning and Zoning Commission and approval of the City Council, was that the boundary of the moderate node could be created to include the property between trinity and proposed Lakeview Boulevard. She added that it had not been done at this ppoint. She said, however, that at this time, only the zoning request and an expansion of the 30 acre node was being requested. Mr. Holt asked if the residents in the triangular piece had requested a zoning change. Ms. Carson said no, that one and one-half years ago a property owner had requested a rening change and that the case be considered when zoning vas being considered for Lakeview. %hen it had not gone through as quickly as anticipated, staff suggested they withdraw their request. She added that there are no zoning requests currently in the office for the area, Mr. Holt asked what would happen to surrounding properties if the Plan was limited to 60 acre nodes and the allocated amount of moderate nodes had already been given to other developers. Ms. Carson stated that if a1I the intensity has been allocated the Commission could make a recomeenda- tion based on the least intense, most logical land use for the area, or what would fit in without being too far over the intensity scale but would be within reason for that particular area and then the City Council would make a determination on it. Mr. Holt asked if there was a possibility that the area could remain low intensity. Ms. Carson stated that the i property would remain in a low intensity area unless the Council approved a moderate line boundary that incorpor- ated the area. Ms. Carson stated that the city has a 500 foot strip, which would involve approximately 15u feet north of the center limp a;:d the rest of the property north of U.S. Highway 380 is outside of the city limits at this time. PET[TIOhER: Alexander S. Bascom Jr., Partner with RMB Realty Inc. and Robert Bass, said he wanted to thank each of the Commissioners for taking the time to sDeak with him over the last month regarding this project. Ne said the discussions have given them more Insight and the current submittal was a sincere effo•t towards compromise on the part of the developers. He said that when asked to participate In the attempted resurrection of the cases, two Items became clear to him: that kMB Realty, Inc. had been unreasonable for not further reducing the existin zoning in the north, and the new proposal in the soutg was not within the Develcpment Guide standards, He said that the comments he had prepared did not separate Lakeview and SouthvIew and would therefore be speaV ng of both together and when Southview was presented he would be available to answer questions, 34 - P6Z Minutes July 27, 1988 Page S r Mr. Bascom stated that the developers have deleted the middle node completely on Lakeview. In regards to the moderate node, a five acre office tract has been converted to a community facility, the number of apartments has been reduced, the density per acre in the single family attached has been reduced from the on lnal to units pet acre to 7 units per acre, which is actually 6.4 If the right-of-way was included In the denominator. He said that with regards to the intensity of the northern node, It is now between 9 percent and 25 percent, depending upon which calculation is acceptable - either considering or not considering right-cf- way. He continued that the node was completely deleted in Southview at Colorado Boulevard and they have also brought the residential density within the Development Guide stan- dards of 4.7 units per acre. He said that the deductions and deletions equate to the deletion of 600,000 square feet of retail, 2.9 million square feet of office, 9SS apart- ment$, and 466 single family units. he stated that they felt the concentration problem in multi-faally in Lakeview has been resolved and that they have addressed the moderate node site and intensity through reduction and elimination of uses. He continued that in regards to the fIoodplain and flood- way, the developers are prepared to address the require- ments necessary to develop the property. The people per acre have been drastically reduced from 2S to 13.9. In Southview, the node at proposed Colorado Boulevard has been deleted, but the developers have proposed an additional eight acres over the acceptable four acres so that there would be a total of 12 acres for a grocery store site. He said that the dwelling units per acre have been reduced from 7.1 to 4.1 units per acre, and the people per acre have been reduced from 20 to 13.6 per acre. The sepacatton problem was eliminated along with the multi-family that was over the Developpment Guide standards. The development 1s S percent under the intensity standard without right-of -way and 8 percent under the intensity standard with right-of- way. Mr. Bascom said that the developers continued to be com- mitted to the donation of right-of-way fa, and the construc- tion of a six•lane road from I-SSE to U.S. Highway 380 in the north, he said that he wanted to state for the record that a Road Utility District would not be used for the construction of the road. Thad Brundrett, 1100 Macon Street, Fort Worth, stated that he was a Senior Planner for Carter 6 Burgess Engineers and Planners. He said that in the initial stages, they reviewed existing physical features of the land such as topography, hyd,,ology, natural streams, draws and drainage ways, vege- tation, as we11 as the existing toning. They then began conceptual land planning. Mr. Brundrett stated that Lakeview and Southview planned developmehts proposed to Incorporate a primary thoroughfare linkage in the form of Lakeview Boulevard from Interstate 3S to U.S. Hfghway 380. This primary arterial is proposed as a six-lane divided roadway and is to be constructed in stages coordinating roadway development phases with adjacent parcel development. I\ FAVOR: Tom Peters said that he owns ten acres of property which is located 100 feet from the deadend of Mclinney Street. He stated that the development would alleviate the congestion that is building up in other areas of Denton. He felt that it would not only promote growth but would also be to the advantage of the City of Denton. - 35 - it i it P62 Minutes July 27, 1988 Page 6 Kay Wilkinson stated that she lives in th• area and is for the development but was concerned about being able to change the zoning of her property for resale in the future if all the Intensity is allocated. Mr. Holt asked Ms. Wilkinson if her property was in the city limits. Ms. Wilkinson said yes, since 1973. Mr. Holt asked if the developers contacted her or had offer- ed to buy her property. Ms. Wilkinson said the developers had contacted her about the zoning request. She added a realtor, who did not indicate if they were associated with RMB Realty, had contacted her several months ago. Mr. Holt asked Ms. Wilkinson if she knew how many acres were in the property located In the triangle that was dis- cussed earlier. Ms. Wilkinson said she did not know but thougLt the residences were located on one acre tracts. Ilene Powell, Rt. 7 Denton, stated that she felt the devel- opment would be an asset to the City of Denton. She said the developers worked hard to satisfy the needs of the people. Francis Gray said that she lives in the Southview area and had contacted those that lire around her and was speaking for hetself as well as the others when stating she wus in favor of the development. OPPOSED: Bill Claiborne, 810 Smokerlse Denton, statri tiat e- saw a problem with the moderate node at Lakeview Boulevard and felt there was room for additional improve- ments to the concept plan. Hs. Brock asked Mr. Claiborne if he had any suggestions for the Commission. Mr. Claiborne said to possibly reduce the amount of multi-fatally, single family attached, retail, and light Industrial. R. B. Escue, 707 Rtdgpcrest Denton, stated that the plans were better but still were not good enough and felt the Commission should ask for further improvements. Mitchell Turner, 2118 Stone gate Denton said he felt the ; changes were significant but were stilt too high in inten- sity. He stated that he did not see a reason for urer- crowded developments in regard to the dens..+ty. Sue Smith, 1619 Crescent Denton, asked if the ?mount of parkland specified was adequate. !is. Smith, with the Parks Department, stated that the parkland dedication met the standards and the acreage was greater than required. RECOMMENDATION: Ms. Carson stated that staff recommended apprava"TwTtthe following conditions: 1. All information waived by the Planning and Development Department at the Concept Plan stage must be submitted with the Detailed Plan, Including: location of lots in a residential subdivision; location of major drainage facilities and improvements; location of major electric- al lines; and location, size and type of all fences, berms, or screening features. 2. Tra-ts 12, 16, 20, 12, and 32 designated on the Concept Plan as parks or parks/school shall be donated to the City of Denton with the first approved final plat for the phase in which the property is located (excluding platting for public Improvements only). 36 - 4 / P 5 Z Minutes July 27, 1983 Page 7 3. Road constr::llon and improvements mall be completed In accordance with the submitted phasing schedule. No building permits shall be issued for the next phase of development until the bridge structure linking the phases has been rimpleted. 4. Land uses permitted in the following cotegorles shall be lu accordance with the applicable sections of Appen- dix B, Zoning Ordinance, of the Code of Ordinances. The following specific restrictions are Imposed: LI ht Industrial: Land uses shall be approved with the era a a pan or those tracts. Uses to be excluded from Light Industrial areas are: Amusement, Commercial (outdoor), Drag Strip or Cos,mercial Racing Asphalt or Concrete Patching Plant (permanent) Brick Alln or rile Plant Dump or Sanitary Fill Area Extraction and Sale of Sand, Callche, Stone, Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Wastes Open Salvage Yard Petroleum Collectsng or Storage Facilities Private Utility Shop 'r Storage Yard Rodeo Grounds Sand, Gravel or Earth Sales or Storage Stable, Commercial Rental Stable, Bearding Stable, Private Club Storage and Sales of Furniture or Appliances Outside a Building The Re-Treading or Capping Tool Rental Trailer Rental or Sales Used Auto Parts Sales General Retaal: Article y, Subsections 0 and If. j ce: i essional and Administrative Offices. h7e f orhmod Service: Article 7, Subsection H. COMMUn t at t • Land uses shall be approved with tn: eta a pan for those tracts. Community facility uses nay include: Art Gallery or Museum j Cemetery Church or Rectory College or University Public School Private School Community Center Day Nursery, Day Care or %indergarten Hospital Institutions of Religious or Philanthropic Nature Library Nursln Home or Residence home For Aged Park, Isyground or Public Community Center Fire Station or Similar Public Safety Building Public Building of Local, State or Federal Government Other similar uses approved on detailed plan. PtiZ Minutes July 27, 1588 Page a S. No access to Tracts 6 and 9 shall be permitted on Trinity Road. 6. It any of the requested public improvements are to be constructed Ay the sale of the bonds under the Lakeview Road Utility District, prior to the final closing of the sale and purchase of real property, the following notice shall be given to the purchaser: "The real property, described bel"{, which you are about to purchase is located in the Lakeview Road Utility District. The district has taxing authority separate from any other taxing authority, and may, subject to approval of voters In the district, issue bonds. As of this date, the most recent rate of taxes levied by the district on real property in the district 1s $ on each s10U of assessed valuation. The tote aT mount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $ . the purpose of the district is to provide for the construction and, prior to conveyance, to the City of Denton, maintenance of a major arterial street or feeder roads." The legal description of the property which you are acquiring is as follows: atl- signature o e er "The undersigned purchaser hereby acknowledges receipt of the foregoing notice prior to closing of the purchase of the real property described in such notice." ate 511nature o urc aser This notice, following execution, acknowledgment, and closing of purchase and sale shall be recorded in the deed records of Denton County. Ms. Ktker asked if each individual tract for develop- ment would be presented to the Planning and Commission separately. Ms. Carson said detailed plans would be required for each tract. i Ms. Brock asked if impprovements to surrounding roads were { to be included as in W126. Mr, Clark stated that the phasing staled that 1m rovements would be made if the ; roads were not driveable. He stressed that they "stay be required" not that they "would be required" to repair the condition of the roads. I Ms. Brock asked that in regards to the development phases, 1 what the response for paramedics or the Ptre Department would be. Mr. Clark stated that he assumed the response would be from the station on Lillian Miller and Teasley Lane and he did not feel there would be a slow response time. Mr. I;olt asked that in regards to a moderate no9e, if the Plan stated 60 acres and the Comsission ranted 101.6 acres, if the Commission would be Itmited un er the Plan, lls. Carson stated that the boundaries could be redrawn an recommendation of the Commission W approval of the City Council. Mr. Holt asked if the Commission granted the node if it would harm the city. Mr. Robbins stated that he did not feel it would be a problem, 38 - T ~ -T P6Z Minutes July 27, 1988 Page 9 Mr. Holt asked what type of legit assurance the city has about not using the RU to finduce the road. yr, Morris stated that the state law authorites the City to dissolve the district. he stated the (.lty Council can dissolve the district at any time by adoption of an ordinance, He continued that under stateIaw, the district may have been dissolved upon annexation of all the land identified in the kUD but if the Council wanted to dissolve the RUD, an ordinance should be adopted to clarify the situation. _ Mr. Holt asked if the City could stipulate that a RUD could not be used without approval from the City, Mt. Morris stated that the City has to approve the construction plans prior to use of the RUD. Ms, Brock asked if an additional condition could be added to state that a RUD would not be allowed, Mr. !lorrii stated that a recommendation would have to be made to the City council. Mr. Engelbrecht asked how long it would take before It would go into effect, Mr. Morris stated that as soon as the City Council passed it. Mr, Engelbrecht asked what options could the property owners for the triangular property have. Ms. Carson stated that the moderate node boundaries could be redefined to include the piece of property. REBUTTAL: Mr. Bascom stated that the developers were wrrITnj-to agree to a condition to the planned develop- ment that the RUD would not be used, l Chair declared public hearing closed. DI'CISION: Mr, Holt asked if the phasing would Involve rona'aping. 69. Carson stated yes that a detailed flan would be requited which includes the submittal of a land- scaping plan, Mr. Holt stated that he had two major problems with the development, 1) the Road Utility District and 2) the moderate node. He believed that tae moderate node could be dealt with later and the RUD should be dissolved. i Mr. Holt moved to recommend approval of Z-88.013 with condition number six being substituted to state that no Road Utility District shell be used for the construction of n road. Seconded by Ms. Morgan. Ms. Brock stated that she was not in favor of the devel- opmrnt because of the moderate node. a Ms. Brock moved to make an amendment by addln a condition that all electric service shall be purchased rom the City of Denton. Seconded by Mr. Glasscock. Mr. Morris stated the developers would have to agree to the condition. Mr. Bascom said the petitioner had no objections. Mr. Morris stated the propertyy would be sold to Individuals and it would not be pos+lble to require them s to purchase electric from the city. Chair called for a vote on tre amendment and it carried unanimously (7-U). -39- I~ P6° Minutes July 27, lvb8 Page 10 Mr. Kamman stated that due to the moderate node problem, he was unable to support 2.88.013. Chair called for a vote on the original motion with amendment to approve 2.88.013 and it carried (4-3), Engelbrecht, Mr. Kamman, and 6IS. Brock voted no. C. 2.1861. Consider making a recomnendasion on the petition X18, Inc. requesting approval of a planned development and concept plan on property currently zoned planned devel- opment (PD-88 and PD-897 and agricultural (A). The request Includes approxinately 414.9 acres of pproperty located approximatelly 1,200 feet north of 1.3SE and extending to Pecan Creek and more fully shown in the Gideon walker Survey, Abstract 1330, and the williaa Lurham Survey, Abstract 330, if approved, the following land uses would be permitted; Singl;2 Family - 10 D acres with a density of 3.2 units per acts Single Family - 7 • 190.4 acres with a density of 4.3 units per acre Single Family • 6 30.4 acres with a density of 4.7 units per acre Cluster homes 10.6 acres with a density of 8 units per acre Multi-Family 16.0 acres with a density of 25 units per acre Neighborhood Service b.0 acres Community Facility - 3.0 acres General Retail 12.0 acres School/Park . 10.0 acres Park . 18.0 acres Right-of-way • 36.S acres Fifteen notices were nailed to propperty owners within 200 feet; one reply form was received 1n favor and one was received in opposition. STAFF REPORT: Ms. Carson stated that in regards to the Intensity, the property 1s a low intensity area as defined by the Denton Development Guide. She said that according to the calculations, the proposal was S percent under the intensity standard excluding the right - of-way Ms. Carson stated the project conforms with the Develop- went Guide's standards in the arcs of density with 4.1 units to the acre In single family and 25 units per acre with multl•fooll , or a total densit of S.2 y y units to the acre excluding the fight-of-way, The total density would be slightly less with the right-of-way included. She said there were some questions regarding the school site In the 100 year floodplala and that the citf has requested that the area be elevated. Ms. Carson continued that a portion of the propurty located at the intersection of Pockrus Road and Shady Shores is toned planned development. She stated that one planned development Is toned for SF-7 and estate -t Tait, resldences and the second is for a minufaclured subdivision. She stated the remaining property is toned agricultural. 40 - I J P G Z Minutes September 14, 1966 Page 3 g$ Public Hearings A. Z-1861. Consider removing from the table and makingg a recommendation on the petition of RMB, Inc. I questing approve! of a planned development and concept pplan on property currently toned planned development (I'D•88 and PD-89) and agrlcui'ural (A), the request includes approxi- mately 414.9 acres of property located approximately 1,204 feet north of 1.35E and extending to Pecan Creek and more fully shown in the Gideon kalker Survey, Abstract 1334, and the 14:11iam Purham Survey, Abstract 330. If approved, the following land uses would be permitted: Single Family - IU - 93.4 acres with a density of 3.2 units per acre Single Family - 7 - 209.4 acres with a density of 4.3 units per acre Cluster Homes 1U.6 acres with a density of 8 units per acre Multi-Family • 16.0 acres with a density of 25 units per acre Neighborhood Service 6.0 acres Community Facility 1.0 acres General Retail - 12.U acres School/Park 1U.0 acres Park 18.0 acres Right-of-way 36.S acres Fifteen notices were called to property owners wlthin 200 feet; no reply forms were received in favor or in opposition. It was roved by Mr. Glasscock and seconded by Mr. Entelbrecht to remove Z-1861 from the table. Motion carried unanimously (6.0). STAFF AEFORT: Ms. Carson stated that the PlannlnI and Zoning omm ssion tabled ''ie requ.it on July 27, va8 after a public hearing :n order for the developers to address some of the neighbors' concerns. The property is located in a low intensity area as designated y the Development Guide. The concept plan, based on the Devel- opment Guide Intensity standards, is 6 percent under the low intensity standards. A four acre heighborhood service tract has been relocated at the southwest corner of the intersection of Pockrus and Lakeview Boulevard. Buffering has been provided for residences. The mild-featly tract across from Broken Bow Estates has been moved according to the request of existing homeowners. An SF-10 area has been proposed across from Chapattal Estates. There will be an SF-7 tract at Colorado and Lakeview instead of SF-6. PETITIONER: Alexander Bascdn Jr., of kMB Realty, stated t tot po's pponement of the consideration of 2.1861 was requested at a July meeting of the Planning and Zoning Commission when it became obvious that neighborhood con- cerns had not been addressed. There will be less people per acre and the neighborhood service area along Swisher and Pockrus will now front on Lakeview Boulevard. There will also be a 30 foot buffer tone between the existing residences and the neighborhood service area. The multi- family In that area has also been moved to front on Lakeview Boulevard. There will only be Sf-7 frontage on Swisher. The development has been designed with greater 41 - P 6 Z Minutes September 14, 1988 Page 4 than required setbacks and generous buffer zones. SF-I0 will be across from Chaparral 4states. Mr. Bascom stated that they ire committed to showing the citizen groups the buffer zones in the detailed plan. This proposal demon- straits their desire to work with the Denton Development Guide, the Planning and Zoning Commission, aml the neigh- borhood, Mr. Holt asked if a straight grid or curved roads are proposed for the neighborhood subdivisions. Mr. Bascom replied that he does not know at this time. A tree surrey will need to be done and the drainage situa- tion evaluated before the exact street layout can be deter- mined. He said that Lakeview Boulevard has been designed to act as a major artery and handle traffic between neigh- borhoods. He added that every attempt will be made to make the neighborhoods attractive and marketable. Mr. Engelbrecht asked who will own the buffer zones. Mr. Bascoa replied that it will be under common ownership and a homeowners' association will be responsible for the maintenance. is FAVOR: Don Mchelienny, 135 Chaparral Estates, ,tated naT t several of the neighbors met with Mr. Bascom and his consultants. He said that they sensed RM8 Realty's genuine concern for the neighbors and that their interest and sin- cerity is appreciated. he said that he had understood that the buffer zones would be SO feet instead of 30, but So feet is acceptable. One of the conditions of the neighbors A$ eeing to support the proposal Is that the buffer zones will be landscaped with existing trees and native Texas plants or sufficient density so that backyards will not be visible from Swisher. Mr. McNellenny Lontinued stating chat the east slime of Swisher Road is a rural area. The original Southvlew roposal called for Swisher to be pared and guttered, ` The residents feel that repaving will be sufticient, It is their hope that Swisher will be a deadend road so that there will be no through traffic. Carol Nunez, Route 7, Box 108 E, Swisher Road, stated that he would like to withdraw his letter of opposition. He said that he now supports the request and is grateful for the changes that have been made In the plans. kevln 14CCormack, Route 7, Box 108-A, stated that he Is under the impression from the meeting with the developers f and homeowners that landscaping and berms will be provided for the Swisher and Pockrus area, as well. He said that I~ the County is planning to start work on the north end of Swisher and proceed south doing grading work in conjunc- tion with the cities of Shady Shores and Denton. Ilene Powell, Route 7, Denton, asked If Swisher Road will be widened. Mi. Carson !aid yes. Swisher is proposed as a collector street to tie into Fockrus In the future. Additional j pavement will be needed. Pockrus will be widened as well. rancis Cregg 1901 N Hlgg.way 177, Pilot Point, stated that she is pteased with fakevlew and Southvlew. 01 USED: None present, 42 - i I P L Z.Minutes September 11, 1908 Page 5 RECOMMENDATION; Ms. Carson stated that the City of Denton ~roposing aannexation of .33 acres on Swisher Road, She stated at this time Swisher Road is not proposed to dead- end, because Interior road layouts will not be determined until the detailed plan is submitted, The Southview pro- p for osal as submitted does not violate separation policies non-residential land there uses a at Colorado land Lakeview Boulevard; however, staff feels this is justified, 5 hundred h e stated that the multi-family near Pecan Creek is a few feet short the lThepproposalT par:, is under the intensity standard. Staff recommends approval with the following conditions; 1. All Information waived by he Planning and Development Department at the concept plan stage shall be submitted with the detailed plan for each phase of development including location of lots in a residential subdivi- sion, location of major drainage facilities and im• rovements, location of major electrical lines, and ovation, size and type of all fences, berms, or screening devices. 2. Tracts 8 and 13 designated as park and school sites shall be dedicated to the City of Denton with the first approved final plat for the phase In which the property is located (excluding platting for public improvements only), 3. The developer will be responsible for elevating Tract 13 co a level above the I00-year floodplain as deter- mined by the City of Denton, so that a buildable site will be available prior to construction of any facili- ties on the property, 4. Road construction and improvements shall be completed in accordance with the submitted phasing schedule, No building permits shall be issued for the ne:,t phase of development until the bridge structure linking the phases has been completed. S. Land uses permitted in the following categories shall be in accordance with the applicable sections of Appendix B, Zoning Ordinance, of the Code of Ordl- nances. The following specific restrictions are imposed: General Retail: Article 7, Subsections G and N. ce: ro essional and Administrative Offices. rcrfM od Service: Article 7, Subsection M, 6un t F,ac~ii _t . Land uses shall be approved with e e a ed plan for those tracts. ranmunity facil- ity uses may include: Art Gallery or Museum Cemetery Church or Rectory l College cr University Public School Private School Community Cen+er Day Nursery, Day Care or lindergarten Hospital Institutions of Religious or Philanthropic Nature Library P Nursing Home or Residence }tome For Aged Fire StationoordSior Public Com milar PublIcmSuity afely CBuilding Pudic Building of Local, State or Federal Government Other similar uses approved an detailed plan. 43 - 1, T T p 0 Z Minutes September 14, 1983 Page b ff ~.1 6, The construction of thde roads shall not be financed Ubt iy lbitondy s Disstolrdicct t accorznce with provisions of a Road . 7. Electric Utility service shall be piovided by the City of Denton, Ms, Brock asked how widening Swisher will affect the buffer :ones. Vs. Carson stated that the setbacks will be from the edge of the pavement. Mr. Clark stated that the buffer will be done after the road is widened. The issue is with the curb and gutter. If Swisher is to remain rural, then it will not need the curb and gutter. If Swisher Road Is to be a col• lector, culvert pipes coulr be Installed Instead of curb and gutter, but they are more difficult to maintain, Mr. Clark stated that if Swisher becomes a c,llector street, he recommends Installation of curb and gutter. if it Is to be a cul-de-sac, then It should be quitclaimed to the City of Shady Shores for their maintenance. He said that if there will not be hen ten traffic on the road it should be quitclaimed, Ms. Carson stated that the majority of the road belongs to the City of Denton, The annexation is to meet the agreed upon ETJ line with the City of Shady Shores and end confusion about who is responsible fir maintenance. Fir. Holt asked if a need for Swisher Is foreseen. Mr. Clark stated that Lakeview Boulevard will be of adequate s1:e to handle traffic In the area. If Swisher is developed it will encourage cut-through traffic to avoid the traffic light.. Mr. Engelbrecht stated that If the 90 degree. interssctlon wlth Pockrus is eliminated, Swisher will not serve Denton. Mr. Clark the traffic sud did however,iothe Include way he plan Is proposed standard requirements for and gutter would have to be met, Paving and curb Mr. Bascom stated that It was agreed with thf. homeowners that there would be no Ingress/egress along tract lA onto Swisher, The plan Is to funnel traffic to Lakeview Boulevard, This will provl'e net hborhood security, no Improvements will be required, ine the neighborhood will remain as it is. The County is proposing to repave Swisher, but the Southview development will not impact Swisher. Mr. Clark stated that the Subdivision Regulations require pavement of roads that abut property being developed. Mr, Swishertwouldanot have to besupgtadedhbecausesthendevel- opment will not impact It, This understanding came from the traffic study, Mr. Clark stated that traffic study does not int'ade coil r.: tat or peripheral streets. Mr. Bascom stated that the issue can be addressed at a later stage. 44 - 6 Z ptemer Wifnufls e, 1Y68 Page 7 Mr. Brock asked If the Isse With the PD since !t u Subdivision Re ed to be address 941 tlons,an autnoemaedtic requirement addressed along Mr• korris of the Platting stage eL or r that It should be addressed duri cou l d b e waived with the detailed pln. Ms. Carson stated during the Thesde time, talledlt can betlaoked at int the enough Informationaa dltlons ma Plan Will need detailed t may be Imposed to theo g° to City Counclilan stage, Ms. Brock detailed plan and con. tonln stated that she had recomwen r or the q but st that Clty of Den . she understood n electric e Lakeview with the condition, that servic Mr. e be there may be a problem renton g sbeetcattriedc tset el of f Denton recommends that the conditfon City Councll.e%Fle ctrl to the formal rsed from th e City and the Council will ervicr is ommendatlon to tiara cannot b e impose ave to be lg oroverned ;y State d should Itbe )med that the dl b w le mingelbrecht how forwarded to thcew°n, ntained Inash ed the berms the maintenance thefuture and h and landscaping will ow the City will ensure FIa, Carson stated that the [and sca the owner to provide and mai Ordi n ecr sort, staff re rdan nN1n lard ng. I be crce requires commends [tat s fn8 pCopertyolccare for the buffers homeowners' asn this ft III he past, the be )made tone and all people en 0 area c assoclatlons, City has had aware of the re not e ondition Cof That Islthw111 t°bleas with h°meovne=sni, the PD, Y sta e k clesuggesting this as a requiredwills responsibility T , ear that maintenance 1s submitted for be considered whenthe+l4nds of aaintenance review, ndu Mr, Morris pe Flan is stated Provision that the L i nance one will noticedoIF the +tgth0Ddet~ilent will draft homeow Pur the Platting assocls 11 a nStage. The requirement can be a a tlonsto any Ms, Carson enforced In responslbles,o~ed that In ownsh done b taint eIn lnT P II the ! Y the City at the homeowneylandscapfrjhowej=ners were Chair closed the s request, Is now public hearing, DECISION; Mr, Namman stated that the dove moved Ye compiled with what thr hom of cmndltlonommend a topers abouiproval o eowners appear f Z-IB61 wlthrt,Quested. deletion of a condition re electric service created to maintain uirin a ho)meownersI and the addl ion property in th n CA In an arealbe ++soclation t b Seconded b notiEIednd that those to be Y Mr, Nolt and unanlml the condl purchasing ou s on, Y carried tl i i 45 1 I f i -Lj-L JET I I+H CITY of DENTON, TEXAS MUNIOtm BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 588-8907 Office of the City Manager M E M 0 A N D U M TO: Lloyd V. Harrell, City Manager FROM. Rick Svehla, Deputy City Manager DATE: September 28, 1988 SUBJECT: Airport Master Lease The Airport Board has been discussing the Master Lease for a number of months. We have presented final drafts to the Board the last couple of months for any final changes or ideas that they might have had. To the best of my knowledge, the Council had two concerns about the lease. The first was the term of the lease, and the second was the subrugation clauses. The Board has had numerous discussions about length of the 'ease over the last year to year and a half. They have sought 3 input from the tenants, and prior staff had done some work on information from lending institutions. The Board discussed all these ideas, Originally, the Board felt that the shorter terms were more appropriate, and they looked at making the new leas,! term 20 years. After much debate and input from the tenants f and lending institutions, the Board relented somewhat. There was a strong push by the private sector to use 30 years because of the financing required for most major improvements and the amount of loan that has to be made to cover those, The Board countered with 20 years, and finally, a compromise was reached at 25 years. That was also the reasan that the options were j included. This would allow the first rights of refusai to lessees in order to fulfill their financing requirements. rite k Board did want to stress to you that the two extensions were first rights of refusal, and each of them had to be approved separately. The second concern was the subrogation clauses. This section of the lease allows for the leasee to seek a loan from the private sector for improvements. When that is done, the financial institution always asks for collateral. Under this clause, the improvements and/or the lease would act as a Lloyd V. Harrell September 26, 1966 Page 2 collateral. There has been some concern that in some cases this has been an after-the-fact request. The new draft lease provides that these assignments will be done before the improvements can be started. There is language in the lease _ that provides for that, and there will also be a notice attached to each lease that will remind tenants of that. Finally, to even further show the Board's concern for this part of the lease, they have inserted a requirement that states that the owner will fund 201 of these imp, ovements from his own resources or the lending institution will only provide L-., of the funding. We wanted to bring this draft lease along with these comments and information to the Council. We would be happy to try and answer any other questions you might have. Xc ve a Deputy City Manager RS:bw 42SCM Attachment i i i ~ CC .1 1 I ` 249eL/92788 AIRPORT LEASE AGREEMENT :iii 5TA'PE OF TEXAS S KNOW ALL MEN BY THESE PRESEN.S: COUNTY OF DENTON 5 This lease agreement, hereinafter referred to as 'Lease" is made and executed this day of , 19 at Donton Texasi by and between t F-n ty of Denton, a unicipa7-Corporration, hereinafter referred to as 'Lessor', and , doing business as av ng is pr nc pa o cae at a corporation/partnership, ~ hereinafter referred to as 'Lessee w. WITNESSBTH; WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain (describe aviation facilities) aviation facilit es ereon) NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows; 1. CONDITIONS OF AGREEMENT a NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CON- TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Principles of Operations. The right to conduct aeronau- tical act v t es or urns sing services to the public is granted the Lessee subject to Lessee agreeing: 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and 2. To charge fair, reasonable and not unjustly discrimina- tory rrices for each unit or service, provided that the Lessee may be allowed to make reasonable and nondia- cciminatory discounts, rebates, or other similar types of price reductions to volume purchasers, PAGE I B. Non-Discrimination. The Lessee, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant cunning with the land that; 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be ot:.erwise subjected to discrimination in the use of said f,,-Ilities. 2. In the construction of any improvements on, over, or under such land and the furnishing of services tnereon, no person on the grounds of race, religion, color, sex, in,ndeniedl he origin benefits of, eorl otherwise pbertsubjected to discrimination. 3. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Part 11, Non-discrimination in Federally Assisted Programs of the Department of Transportation-Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. I In the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CPR Part 21 are followed and completed, including expiration of ,appeal rights. C, Right of Individuals to Maintain Aircraft. It is clearly understood-may-twee t FE-h0__1 pr privilege has been granted which would operate to prevont an porat.or, operating aircraft on the airport pefrom, firm, or coc- services on its own aircraft Performing any with it i (including, but not limited to, maintenance anderepair)e thateit may choose to perform. 0. Non-Nxclusive Riihht_, It is understood and agreed that nothing here n conta ned af~all be construed to rant the granting of an exclusive tight within the meaning rofuSection 1349 of Title, 43, U.S.C,A. E. public Areas, 1. Lessor reserv4s the right to further develop or improve the landing area of the airport as it sees fit, PAGE 2 i regardless of the desires or views of the Lessee, and wit.,out interference or hindrance, 2. Lessor reserves unto itself, its successors and assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the premises described herein, together witn the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Denton Municipal Airport. 3. Lessor shall be obligated to maintain and Keep in repair the landing area of the airport and shall have the right to direct and control all activities of Lessee in this regard. 4. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease to executed, the provisions of this instrument insofar as they are inconsistent wit' the provisions of the lease to the Government, shall be suspended. 5. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to j aircraft navigation. b, This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport, II, LEASED PREMISES Lessor, for and in consideration of the covenants and agree- ' ments herein contained to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lease anJ take from Lessor, the following described land situated in Denton County, Texas, as described as foliowss PACE 3 A. Land. A tract of land, foot by foot, being approximately square feet, or acres, drawn and outlined on Attachment 'A', attached hereto and incor- porated herein by reference, h ng the following metes and bounds: {include survey) Together with the right of ingress and egress to said propertys and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reason- able regulations by the City of Denton] and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For the purposes of this Lease, the term 'Premises' shall mean all property located within the metes and bounds described above, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. B, Improvements Provided By Lessor (Insert description where appropriate.) For the purposes of this Lease, the term 'Lessor improve- ments' shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Lease in an exhibit approved by the Lessor. C. Easements (Insert where appropriate.) III. TERM The term of this Lease shall be for a period of twenty-five (25) years, commencing on the day of , 19 , and continuing through the -lay of , 20 , unless earlier terminated under the provisions or--the Lease. Lessee shall have the first right of refusal to renegotiate this PAGE 4 h lease for one additional five (5) year period at the end of the primary term of twenty-five (25) years at a renegotiated rental and on terms mutually agreed upon by the Lessor and Lessee. Should Lessee elect to renegotiate this Lease, Lessee shall give written notice of its intention to Lessor not less than one hundred eighty (180) days before the expiration of the primary term of twenty-five (25) years. At the end of the additional five (5) year extension, Lessee shall have the right of first refusal to again renegotiate this Lease for an additional five (5) year term. Should Lessee elect to renegotiate, Lessee shall give written notice of its intent to Lessor not less than one hundred eighty (180) days before the extended term is due to expire. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments, rentals and fees as follows: As Rent. Lessee shall pay to the Lessor for the use and occupancy of the premises the sum of cents ( per square foot per year, for a total of Dollars per year, to be pa in twelve equal monthly nsta ments in the sum of Dollars ) per month in advance, on or before the first day o?_ each and every month during the term of this Agreement. B. Lessor im rovement Kentals. The Lessor improvement rentals or fees are escr be as o ows: (insert fees if appropriate) C. Additional Fees And Rentals. i (insert fees if appropriate) I D. Payment Penalty, Adjustments. All payments made hereunder by Lessee aha be ma a to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. PAGE 5 f NO t All monthly rental payments shall be due and payable on or before the first day of each month and shall be paid by Lessee without demand or notice from Lessor, All rental amounts paid by Lessee after the tenth (10) day of the month will be delinquent and shall include an additional monetary amount (penalty) which shall equal five percent (54) of the rental amount due. Failure ` of Lessee •o pay the five percent (51) monetary penalty on delinquent :ent shall constitute an event of default of this Lease. The yearly rental for land and improvements herein leased shall be readjusted on the first day of October of each year during the term of this lease on the basis of the proportion that the then current All Urban Consumer Price Index (CPI-U) for the Dallas/Fort Worth, Texas, Standard Metropolitan Statistical Area, as compiled by the U,S. Department of Labor, Bureau of Labor Statistics bears to the , 19 index which was _ (1967 ■ 100. The land rental amount is now based upon cents per square foot per year for the land herein lease3. - V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premises. Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. 2. V 3. Lessee, its tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the leased premises of Lessee, its tenants or sub- lessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor h authorizing such commercial, retail or industrial activity. B. Independent Contractor. During all times that this Lease i is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to consti- tute a partnership or joint venture between the parties hereto. PAGE 6 j C, Standards, Lessee shall meet or exceed the following standards; 1, Address, Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where its authorized official can be reached in an emergency, 2, List, Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees, 3, Conduct. Lessee shall contractually require its M amp oyers and sublessees {and sublessee's invitees) to enforceyitsecontractualhrightssin theaeventhoflapdefault of such covenants. 4, UtS_ li__ t_L Taxes And Fees. Lessee shall meet all expenses an paymen sT connection with the use and oc;,upancy of the premises and the eights and privileges herein granted, including the timely payments of utilities, taxes, permit fees, license fees and asaesa- menta lawfully levied or assessed, Lessee herein agrees to pay to all lawful taxing authorities an ad Valorem property tax on all improvements constructed by the Lessee on the leased premises, and to comply with all j tax laws pertaining to the leased premises, including ~ those promulgated in the future. 5, Rules Re ulations And Restrictions, Lessee shall i comply w th all Eederal, state an Iocal laws and rules and [egulationa which ma business contemplated, includinglrulea, tregul tiouns and ordinances promulgated by Lessor, and Lessee shall keep in effect and pose in a prominent place all necessary ~ and required licensee or permits. Lessee's use of the premises shall at all times be in compl.ance with and subfect to any covenants, restric- f ttons, and conditions of record pertaining to the use ~ timeaocomplyJwith tthellawsa codes9e ordinancesl at all and regulations, either existing or those ' rules, in the Euturer by the City of Denton, thep County toE ' Denton, the State of Texas, the United States of i America, and the Federal Aviation Adminiotration, oc their successors, Lessee shall not operate or permit the operation of any transmitter devices, electrical signal producers, or machinery on the leased premises which could interface with the electronic aircraft navigation aide or devi;~sa located on or oEf Airport PAGE 7 i property. Lessee shall not be permitted to engage in any business or operation on the leased premises which would produce obstructions to visibility or violate height restrictions as set forth by the Federal Aviation Administration and/or the City of Denton, 6. Hei ht Restriction And Airs ace Protection. The Lessee agrees or tse , is successors an assigns to restrict the height of structure.,,, objects of natural growth and other obstructions on the leased premises to a height as established in City of Denton Ordinance 61-11 as the same may be amended from time to time. The Lessee also agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with landing or taking off of aircraft at the Denton Municipal Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the leased premises. 7. Maintenance. Lessee shall be responsible for all main- tenance and repair of the leased premises, including buildings, structures, grounds, pavements, and util- ities. Lessee shall be responsible for grass cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee agrees to kiep the leased premises, together with all improve- ments, in a safe, clean and attractive condition at all times. Lessee shall not change the original color or texture of the exterior walls of any structures or improvements without the written consent from Lessor. (a) Paintin of 8uildin s. During the original term of this Lease an during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the leased premises be ' reviewed by the Airport Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary, if the Airport Board determines painting is necessary, it j shall furnish a recommendation to this effect to the City Council, The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessor's specifications (to specify color of paint, quality of paint, number of applications, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed). Lessee shall complete PAGE B I , 1 the painting in accordance with such specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pav all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor's City Council within the six (6) month period shall constitute Lessee's default under this Lease. (b) Storage. Lessee herein agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of the hangar(s) and/or building(s) for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. S. Unauthorized Use of Premises. Lessee may not use any portion o the ease and or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 9. Dwellings, it is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the Lessee, its tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 10. Quit Possession. Lessee shall quit possession of all premises ease herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 11. Chemicals. Lessee agrees to store properly, collect and-Ripose of all chemicals and chemical residueel to store properly, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint productal and to comply with all local, state and federal laws and regulations governing the storage, handling or disposal of such chemicals and paints. Lessee further agrees that at no time during the term of this Lease shall any materiel, fluids, solids or gaseous substances be utilized, stored, disposed of or PAGE 9 r 1 transported on the leased premises which are considered by the Environmental Protection Agency to be a hazard to the health of the general public and that no activity shall be permitted on the leased premises that would produce noxious odors. 12. Signs. During the term of this Lease, Lessee shall have the right, at its own expense, to place in or on the leased promises signs identifying Lessee, Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor on ` the Airport, Lessor's approval shall not be unrea- sonably withheld. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agree- ment, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Lease or extensions thereof. D. Should Lessee violate any law, rule, restriction or regu- lation of the City of Denton or the Federal Aviation Administra- tion, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, either airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s) in such event, Lessor shall have the right to demand that corrective ; action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee'n. agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correc- tions within twenty-four (24) hours following written notifica- tion, then Lessor shall have the right to enter on to the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. Lessor shall submit an invoice to Lessee for the cost of the repairs and Lessee shall pay said invoice within thirty (30) days. PAGE 10 VI. COVENANTS BY LESSOR Lessor hereby agrees as follows; A. Peaceful Enioyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted. 9. Compliance. Lessor warrants and represents that in the establishment, covstructior, and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal takeoff and landing procedures from said Denton Municipal Airport. Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this Lease is subject to the following special terms and conditions: A, Runways and Taxiways. That because of the present pound continuous use weight bearing capacity of C:eiunway anrcaxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take- off and taxiing, to aircraft having an actual weight, including the weight o° its fuel, of pounds or less, until such time that E he runway an es gnats taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up it down, and that tha Lessee agrees to abide by any such chang!s or revisions as such studies may dictate. 'Aeronautical Activity' referred to in this clause shall include that .stivity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no soliciting part or control, such as an unsolicited or unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be sufficiont to cause the immediate termination of this PAGE 11 I N entire Lease and subject the Lessee to be liable for any damages to the Airport that might result. VIII. LEASEHOLD I,M?ROVEMENTS A. Required Improvements. As part of the consideration for the privilege herein granted, Lessee is required to and hereby agrees to construct or otherwise make improvements to the ` premises, as specified herein, but not limited to, the following; I (insert improvements if part of lease) Lessee shall provide Lessor with tentative plans for the development of the entire leased premises together with a proposed timetable or schedule for said development. Should said development not occur within the specific time limits mutually agreed upon by and between Lessor and Lessee, Lessor shall have the option to cancel the Lease on all non-developed portions of said lease after a thirty (30) day written notice to Lessee to cure such a default. 1. Plans. Lessee agrees that it shall, within one hundred eighty (180) calendar days from the date of this Agreement, submit to the Lessor for approval detailed plans and specifications for the arove-listed initial proposed leasehold improvements. Lessor agrees that it shall either approve the plans and specifications as submitted, or transmit proposed revisions to Lessee within forty-five (45) calendar days of receipt of the plans and specifications from Lessee, In the event that Lessor requires revisions of the original plan: and specifications, Lessee shall have forty-five (45) I calendar days from tht date of receipt of the proposed revisions to resubmit the plans and specifications for Lessor's approval. Lessee shall commence construction within one hundred eighty (180) calendar days of Lessee a receipt of Less,)r's final approval of the plans and specifications, and the improvements shall be scheduled for completion not later than one hundred eighty (180) days after commencement of construction. r 2. Additional Requirements. Before commencing the construct on o any mprovements upon the premises, Lessee shall submit; (a) Documentation, specifications, or design work, to be approved by the Lessor, which shall establish PAGE 12 1 1 that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure, of the program established oy the Lessor's Master Plan for the Airport. Tne Master Plan shall be approved by the City Council and copies shall be on file at the Office of the Airport Manager and the City Secretary. (b) All information required by the City of Denton Subdivision and Land Development Regulations an outline of such requirements is on file in the Planning Department of Lessor. (c) The estimated cost of such construction. No construction may commence until Lessor$ acting by its City Council, has approved the plans and specifications and the location of the improvements, the 3stimated costs of such con- struction, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreason- ably withheld. Should the Council fail to deny Lessee's plans and specifications within sixty days of submission thereof to the Council, such plans and specifications shall be deemed approved. B. Additional Construction orImproyements. Lessee is hereby author ze to construct upon t e land herein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications as specified in Article VIII, Paragraph 2 (Additional Requirements). C. Ownership of Improvements. All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of Bangars and/or auildinga. In the event that Lessee shoul a ect to terminate this Lease pursuant to Article XV and remove the building or hangar from the leased premises, then in such event, Lessee herein agrees to comply with the following terms and conditions during the hangar or building removal process. (a) Prior to commencing the hangar or building removal process, the Lessee and Lessor shall agree on the PAGE 13 best method to remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. _ (b) The building shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fix- tures shall be removed including links, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab from being as free as possible from all obstructions. (c) Removal of hangars or buildings shall be completed prior to Lessee's designated termination date. (d) The hangar or building slab, the aircraft parking apron, the taxiway, and all other improvements on the leased premises shall remain on the leased premises and shall become the property of the Lessor without costs to Lessor. (e) Lessee shall be responsible for the removal of all refuse and debris from the leased premises prior to vacating the leased premises. (f) Lessee shall be responsible for all costs involved in the removal of the hangar or building, including costs of permits or fees. (g) Lessee shall be responsible for any damage caused to any improvements on the leased premises during f "+a building or hangar removal process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvement(s) damaged by Lessee during the removal of said structures. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically beco abso me the property of L lutely in fee without any coat to Lessor, Lessor 3. Building Life, it is agreed that the life of any build- ing to be constructed by Lessee on the leased premises is twenty-five (25) years. 4, Riht of Birst Refusal to Purchaae Han ar or Building. n the event that 'Lessee s ou a ec to or or buildings and other improvements situated upon gthe leased premises, Lessor shall be offered the right of PAGE 14 I first refusal to purchase improvements, provided how- ever, that Lessor shall not be obligated to purchase said improvements. The value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisersd IX. SUBROGATION OF MORTGAGEE Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (80%) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of City and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. Lender's duties and rights are as follows: 1. The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of City. Lender's obligations under this Lease as substituted Lessee shall cease upon assignment to a third party and approval by City. 2. As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify City of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify City, in writing, of any change in the identity or address of the Lender. 3. All notices required by Article XiV herein (Cancellation by Lessor) to be given by City to Lessee shall also be given by City to Lender at the same time and in the same manner, provided City has been furnished with written notice of Lender's interest and its address. Such notice shall be given to the city secretary and the Airport Manager. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. X. RIGHT 01' EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing utility services to, from or across the airport property or for the construction of public facilities on the Airport, However, any such easements shall not interfere with PAGE 15 I Lessee's use of the leased premises and Lessor shall restore the s on Original utropileirtysetroviits in, over iorounder upon the esuch installation easement at the conclusion of such construction. Lessee shall not have the right to levy fees or chorges for any exercised right of easement by Lessor or Lessor's authorized agent. XI. SUBLETTING AND ASSIGNMENT OF LEASE A. The Lessee may rent or sublease the demised premises for ofe then Cage individual aircraft not without or prior sublease written all or consent any part of such premises or the improvements located thereon for any other purpose without the prior written consent of City. Any tenant or sublessee shall be subject to the same conditions, obligations and terms as set forth herein. Lessee shall be responsible for the observance by its tenants and sublessees of the terms and covenants of this Lease. It is the intentior: of the City that the subleases not be misused as a method to avoid compliance with the minimum standards herein. In the event that the City determines that a sublessee is operating an aviation-related business without complying with the minimum standards applicable thereto, the sublease may be terminated in the same manner as provided by Article XIV herein for leases. Further, the actions of a sublessee in not complying with or trying to avoid the minimum standards shall be considered a breach of the Lessee's Lease with the city and reason for termination of the Lease. k. B. Lessee expressly covenants that it will not assign this L ease, convey more than forty-nine percent (491) of the interest in its in its bu business$ # deemed through herein mean the i of stock oor r otherwise, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of the Lessor. Lessor agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for airport related purposes. The provisions of this Lease shall remain binding upon the assignees, if any, of Lessee. i I XII. INSURANCE A. Lessee shall maintain continuously in effect at all times during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coveragest r it PAGE 16 I 1. Compreher,ive General Liability insurance covering the leased premises, the Lessee, its personnel and its operations on the Airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee eitner as a part of this Lease or erected by the Lessee subsequent to the execution of this Lease. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: $1,000000 combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such j policies. E 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies. . i f B. During the original or extended term of this Lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and ! Lessee hereby agrees to provide any such insurance requirements 1I as may be required by Lessors provided however, that any require- ments shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestern region by the Federal Aviation Administration. i Lessee herein agrees to comply with all increased or j adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within j II sixty (60) days following receipt of a notice in writing from f' PAGE 17 ` i 4 ' I 1 . Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. in the event that state law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law, XIII. INDEMNITY Lessee agrees to indemnify and hold harmless City and its agents, employees, and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, members, patrons, visitors, contractors and subcon- tractors, if any, and/or sublessees, which may arise out of or result from Lessee's occupancy or use of the premises and/or activities conducted in connection with or incidental to this Lease. This Indemnity Provision extends to any and all such claims, suits, demands, and/or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, and costs and reasonable attorney's fees and expenses, or any other legal or equitable form of remedy. This Indemnity Provision shall apply regardless of the nature of the injury or harm alleged, whether for injury or death to persons or damage to property, and whether such claims be alleged at common law, or statutory or constitutional claims, or otherwise. This Indemnity Provision shall apply whether the basis for the claim, suit, demand, and/or action may be attributable in whole or in part to the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors, and subcon- tractors, if any, and/or sublessees, or to anyone directly or indirectly employed by any of them. Further, City assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suite, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee 1 PACE l8 1 l ~ I ~ or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, if any, and/or sublessees. It is expressly understood and agreed that the Lessor shall not be liable or responsible for the negligence of Lessee and/or sublessees, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of, and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, visitors, contractors and subcontractors, if any, and/or sublessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessea or other persons. Lessee and Lessor each agree to give the other party prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. XIV. CANCELLATION BY LESSOR All the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants and conditions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies. A. Should Lessee fail to pay the monthly rental amounts and/or fees prescribed in Article IV hereof, such failure shall constitute a default of this Lease, and Lessor may give written f notice to Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms. Should Lessee fail to pay the I[ monthly rental amount within twenty (20) days following receipt of written notice from Lessor, then Lessor may terminate this Lease. i B. In the event that Lessee fails to comply with any other terms, conditions, restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor shall give Lessee I notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor shall have the right to terminate this Lease. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the leased PAGE 19 M I 1 i premises and all improvements on the leased premises shall oecome the property of the Lessor. C. In addition ;:o termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reasonis): 1. The Lease has reached the termination date of the original twenty-five (25) year term or any extended term thereof. 2. In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee there- after is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization acts or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed. 3. In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal ` does not cause damage to any part of the hangar, structure or f improvements. E. The City shall have a lien as security for the rent afore- ; said upon all goods, wares, chattels, implements, fixtures, l furniture, tools and other personal property which are or may be put or caused to be put on the demised premises by Lessee. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within ten (10) days after said termination. If Lessee fails to remove its personal property as agreed, City may elect to retain possession of such' if property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. I If City has exercised its option to take title to fixed improvements as provided, Lessee shall repair, at its own expense, any damage resulting from said removal of personal property and shall leave the leased premises in a neat and clean condition with all other improvements in place. PAGE 20 F. Failure of city to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy or waive the right of City to cancel this Lease by reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by city for any period or periods after a default of any of the terms, covenants, and conditions r herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the City to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. XV. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of preventing or restraining the use of said airport or any part thereof for airport purposeso (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order rule or regulation of an a having jurisdiction over the operations pof 9Lessoreora due auto owar,, earthquake or other casualty] or (4) the assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then Lessee may cancel this Lease as afore- said, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. ! XVI. MISCELLANEOUS PROVISIONS A Entire Agreement. This Lease constitutes the entire under- standing between the parties and as of its effective date super- sedes all prior or independent agreements between the parties covering the subject matter hereof, Any change or modification r hereof shall be in writing signed by both parties. B, Lease Binding on Successors and Assi ns. All covenants, agreements, prov s one and con eons of this lease shall be PAGE 21 binding upon and inure to the benefit of the respective parties hereto, that is both Lessor and Lessee jointly and severally, and their legal representatives, successors or assigns, and/or any grantee or assignees of the Lessor and Lessee. No modification of this Lease shall be binding upon either party unless written and signed by both parties. C. Effect of Condemnation. If the whole or any part of the leased premises shall be condemned or taken by eminent domain proceedings by any city, county, state, federal or other authority for any purpose, then the term of this Lease shall cease on the part so taken from the day the possession of that part shall oe required for any purpose and the rent shall be paid up to that day, and from that day, Lessee shall have the right to continue in the possession of the remainder of the premises under the terms herein provided, excspt that the rent shall be adjusted to such amount as the parties hereto shall negotiates but, under no circumstances shall the rent be greater than the rental per square foot provided for herein. All damages awarded for such taking of and for any public purpose shall belong to and be the property of Lessor. All damages awarded for such taking of structures, improvements or businesses that were constructed by Lessee shall be reflective of their value for the remainder of the lease term and be awarded to Lessee, the remainder to be awarded to Lessor. D. Severabilit . If any provision hereof shall be finally i declared void or Illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be voids but the rtmaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. i E. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with po)stage and registration fees prepaid: 1. If to Lessor, addressed to: City Manager i City of Denton 215 E. McKinney Denton, Texas 76201 2. If to Lessee, addressed to: i Notices shall ba deemed to have been received on the date of receipt as shown on the return receipt. P PAGE 22 'I ih F. Headings. The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. G. Governing Law. This Lease is to be construed in accordance with the laws of the State of Texas. H. Parking. Lessor reserves the right to restrict and designate parking areas for all surface vehicles on all areas of the Denton Municipal Airport, except the leased premises. 1. Attorney's Fees. In any action brought by Lessor in which a convict on or judgment is awarded in favor of Lessor for the enforcement of the obligations of the Lessee, Lessor shall be entitled to recover all costs from Lessee, including attorney's fees, invol,•ed in tl.e enforcement of this Lease. IN WITNESS WHEREOF, the parties have executed this Agreement ar of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BY: LLOYD HARRELL, CITY MANAGER jj ATTEST: I 11 JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i LUIEZ i BY: TITLE: PAGE 23 w ATTEST: SECRETARY THE STATE OF TEXAS S COUN'T'Y OF DENTON 4 On this day of r 19_1 before me, the undersigned Notary Public, personally appeared Lloyd Harrell personally known to me to be the person and officer who executed the within instrument as City Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. c NOTARY i f , STKTZ OF TEXAS ! My Commission expires: I THE STATE OF TEXAS S COUNTY OF DENTON S j BEFORE ME, the undersigns -thority, in and for said County, Texas, on this day personally appeared known to me to be the person and officer whose name is subscr bed to the foregoing instrument and acknowledged to me that the same was the act of the said , a corporation of the State o Texas, an that he execute the same as the act of said corporation for the purposes and consideration E therein expressed, and in the capacity therein stated. I GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 i i I R PUBLIC, STITe OF TEXAS My commission expires: PAGE 24 I J N I i t i 'I 1D C1Tyo! D"TOM, TEXAS MUNICIPAL BUILDING / DENTON, FEXAS 78201 / TELEPHONE (817) 888.8307 ON10 of the Cl:y Menaper M E M O R A N D U M TOt Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: Sept. 29, 1988 SUBJECT: Back-up for Agenda Item I 1 - 7100 p.m. Mr. McGuire called this week concerning street venders and their right to sell on the streets, parking lots, etc, of Denton. He feels that these venders are hurting local businesses as well as the citizens of Denton by providing inferior products at a reduced price with no provisions for the consumer to return the product once the vendors have left town, After a lengthly discussion regarding the City of Denton's solicitors permits and the requirements the vendors must meet, Mr. McGuire preferred to speak t Concil i regarding the matter and the possibility of denyingoalluitinerant f merchants from the City of Denton, i 4Jee Wae-s 2727C/2 I i i F ,I I 2220L N0. AN ORDINANCE AMENDING ARTICLE III (PEDDLERS, SOLICITORS AND ITINERANT VENDORS) OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR THE REGULATION OF HOME SOLICITATIONS AND ITINERANT MERCHANTS; PROVIDING DEFINITIONS OF THE TERMS USED IN THE REGULATIONS; PROVIDING THAT PERMITS ARE REQUIRED FOR PERSONS ENGAGED IN HOME SOLICITATIONS AND FOR ITINERANT MERCHANTS WHO WISH TO OFFER GOODS OR SERVICES FOR SALE; PROVIDING FOR APPEAL PROCEDURES; PROVIDING EXEMPTIONS; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREFOR; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council, upon full consideration of the matter, has determined that for the health, welfare and safety of its citizens, it is desirable to change the regulations governing solicitors and itinerant merchants; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article III of Chapter 20 of the Code of Ordinances is hereby amended so that said article shall be and read as follows: ARTICLE III. SOLICITORS AND ITINERANT MERCHANTS Sec. 20.51. Purpose of Article. This entire article is and shall be deemod an exercise of the police power of the state and of the city for the public safety, comfort, convenience and protection of the city and its citizens, and all of the provisions hereof shall be construed for the accomplishment of that purpose. f Sec. 20-52. Definitions. When used in this article, the following words shall have the meanings respectively ascribed to them by this section, (a) Goode or merchandise means any personal property of any nature whatsoever except printed material. (b) Home solicitor means a person who goes from house to house or from place to place soliciting, selling or taking orders for, or offering to sell or take orders for any goods, merchandise or services. T --T (c) Home solicitation transaction means a transaction or the purchase of goods or services, payable in installments or cash, in which the home solicitor engages in a personal solicitation of a sale to a person at a residence. A home solicitation transaction shall not include a sale made pursuant to a pre-existing retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibite;t for sale; or a as le of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. (d) itinerant merchant means a person who sets up and operates a temporary business within the premises of another business or any other building or location in the cityy soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. (e) Police Chief means the Chief of Police of the City of Denton or his designee. (f) Residence means any separate living unit occupied for residential purposes by one or more persons, contained within ` any type of building or structure. (g) Soliciting means selling or attempting to sell goods or services, or to take or attempt to take orders for services or goods to be performed or furnished in the future. r Sec. 20-53. Permit Required. i It shall be unlawful for any itinerant merchant or home solicitor to sell, display or offer for sale any goods or services within the city without first obtaining a permit from 6 the city. k Sec. 20.54. Affirmative Defenses to Permit Requirement. It shall be an affirm defense to prosecution under Section 20.53 of this Articles (a) That the solicitation is for a charitable, educational or religious purpose, and the defendant exhibits, at the time of solicitation, documentation in writing which identifies him as a representative of the charitable, educational or religious organization for whom he is soliciting. PACE 2 i J I' ~ (b) That the solicitor is on the property by invitation of the person residing on such premises. Sec. 20-55. Application. (a) Any person who wishes to engage in home solicitation or any itinerant merchant who wishes to solicit within the city shall file a written application with the Police Chief which application shall show: (1) Proof of the identity and home address of the applicant and the name and address of the employer or firm which such applicant represents; (2) A brief description of the nature, character and quality of the goods to be sold; (3) If employed by another, the name and business address of the person, firm, association,, organization or corporation; (4) If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle registration number and the license number; (5) A description of the proposed location(s) of the solicitation; (6) The period of time the applicant so wishes to solicit, sell or take orders in the city; li (7) The names of other communities in which the applicant has worked as a solicitor in the past twelve (12) months; and if he was employed by a different company in those communities, the name of those companies shall also be stated; (8) Whether the applicant or any agent of applicant has been convicted within the last five (5) years for burglary, theft, fraud, robbery or rape; (9) Proof of sales tax permit issued by the State or proof that the goods sold are not subject to such sales tax; and (10) An itinerant merchant who makes application to offer his goods for sale upon private property shell pro- vide written proof that he has permission to use such property from the owner, or the owner's agent. PAGE 3 T (b) The applicant shall also present written pproof of his authority to represent the company or individual he states he represents. (c) The application shall be accompanied by a fee in the amount of Ten Dollars ($10.00) and no permit hereunder shall be issued until such fee has been paid by such applicant. (d) A permit requested under this article shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of a permit, the solicitor or itinerant merchant may apply for a new permit is the manner prescribed by this section. Sec. 20-56. Issuance of Permits It shall be the duty of the Chief of Police to issue such applicant a permit to solicit or sell or take orders for such goods, services or merchandise set forth in the applicant's application within five (5) working days of the receipt of a completed application and prescribed fee unless it has been determined that the application contains false information or the person has been convicted within the last five (5) years of theft fraud, burglary robbery or rape. If the a plication contains false information or the person has been convicted, the I Chief shall not issue the permit. i Sec. 20.57. Permit Card j (a) Upon issuance of a permit, the peraittes shall be issued i a card which shall contain the name of the permittee, the psi-nit number, and date of expiration. (b) It shall be unlawful for any home solicitor or itinerant merchant to solicit in the City of Denton without carrying the required permit card on his person. (c) It shall be unlawful for an itinerant merchant to solicit at locations other than those listed in his application for a permit. (d It shall be unlawful for any person soliciting to fail or refuse to display such permit card upon the request of any person demanding the same. PAGE 4 f 1 I (e) It shall be unlawful for any person to duplicate or xerox or otherwise display a facsimile of a permit card issued pursuant to this Chapter. N Sec. 20-58. Appeal from Denial Any person aggrieved by the action of the Police Chief in the denial of an application for a permit shall have the right of appeal to the City Council. Such appeal shall be taken by filling with the City Manager, within ten (10) days after notice of the action complained of has been mailed to the person's last known address, a written statement setting forth the grounds for the appeal. A hearing on the denial shall be scheduled for the next regular meeting of the Council, to be held within twenty (20) days of the appeal and notice shall be given to the appellant. The decision and order of the City Council on such appeal shall be final and conclusive. Sec. 20-59. Hours for Home Solicitation (a) A person shall not go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of engaging in or attempting to engage in a home solicitation transaction: (1) Before 9:00 a.m. or after 8:00 p.m. of any day, Monday through Saturday; or (2) At any time on a Sunday, New Year'a Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day. (b) Subsection (a) shall not apply to a visit to the premises as a result of a request or an appointment made ' y the occupant. E Sec. 20.60. Prohibited Conduct. It shall be unlawful for a person engaged in soliciting under this article tot (a) misrepresent the purpose of the solicitation; (b) continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to make a purchase f!:om that solicitor; PACE 5 I I i (c) represent the issuance of any permit under this article as an endorsement or recommendation of the solicitation. Sec. 20-62. Exhibiting Card Prohibiting Solicitors. (a) A person, desiring that no merchant or other person engage in a home solicitation at his residence, shall exhibit in a conspicuous place upon or near the main entrance to the residence, a weatherproof card, not less than two inches by four inches in size, containing the words, "NO SOLICITORS". The letters shall be not less than two-thirds of an inch in height. (b) Every solicitor upon going onto any premises upon which a residence is located shall first examine the residence to deter- mine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the residence. If notice prohibiting soliciting is exhibited, the solicitor shall immediately depart from the premises without disturbing the occupant, unless the visit is the result of a request made by the occupant. (c) No person shall go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, if a card as described in Subsection (a) above is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is the result of a request made by the occupant. Sec. 20-62. Soliciting on City Property. (a) It shall be unlawful for any person to solicit on pro- perty owned by the City unless such person has entered into a license agreement with the City. (b) The City Manager is authorized to execute and enter into license agreements with solicitors authorizing the use of a tract, or portion thereof, of City property, where specific findings are made that the proposed use: (1) will not violate the provisions of the Uniform Traffic Act, art. 6101d, section 82(c) or section 42.03 of the Penal Code. (2) will not cause or contribute significantly to con- gestion on the public sidewalks so as to render access to abutting private property unreasonably inconvenient. PAGE 6 l~ f 1 (c) The licensee shall pay a rental fee based upon square footage. Sec. 20-63. Exemptions. The provisions of this article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, calling upon or dealing with manufacturers, wholesalers, distributors or retailers at their places of business. SECTION II. That any person violating any of the provisions of this or nance shall, upon conviction, be fined a sum not exceeding Five Hundred Dollars ($500.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity. SECTION III. That this ordinance shall become effective fourteen ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City oe Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 4kv day of 1988. +a.yw j , ?JRYOR I ATTEST: JP1IFE11~-1EKs, CU-1 SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: .~J PACE 7 H H+114111 l • l i I University of Nortli exas ~ Office of AdNanrcmcnt i MEMORANDUM t d TO: Denton City Council FROM: LaQuita McMillan DATE: September 26, 1988 SUBJECT: Street Banners The University of North Texas requests permission to have street banners promoting the UNT Homecoming 1988 bung over the streets during the time of October 5-15, 1988. Attached is a list of the preferred locations. i 3 I r 1 ` i t K0. Box 13531 Iknlon, Tew 762031557 9111 65-29(X) Moro: 817/:67,0851 r 1 'I ii University of NorthTexas 1 Office of Advancement 1 k Preferred sites for Street Banners: 1. Elm and Pecan: face North OZ Locust and Parkway: face South Q Eagle Drive and Avenue D: face South i 4. Eagle Drive and Collier: face West Hickory and Avenue A: face West Q Avenue E and Highland: face North 7© Welch between Highland and Maple: face South ~Of1f1G~5, 8. Welch between Hickory and Mulberry: face South 9. Sycamore and Welch: face West We have b banners available for use, i i i 1 ~ t S P.O. 13ns 13551 Doi!,,n, Taos 1621113-3331 811363-2900 Mc:rn.811267.0831 i f Fr0., C'TYof "NTONt TEX4S MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (617) 666•a307 r Office of fhe City Meneper M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: Sept. 29, 1988 SUBJECT: Back-up for Agenda item _ 7:00 P.M. The Utility Department has reviewed the site requested by the University and has determined that the sites circled would be appropriate for banners. i I Je a al rs 2I27C/2 i 1-111 fill I )fill i I i 11111 IT fly. "Fix I DATE: 10/04/88 C11'Y COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider a request for a street name change for Highview Court RECOMMENDATION: The Historic Landmark Commission recommended approval at its meeting of June 13, 1988 by a vote of 5-0 and the Planning and Zoning Commission recommended approval at its meeting of August 10, 1988 by a vote of SUMMARY: This is an ordinance changing the name of Highview Coilrt to Tree Crest Place. The item was placed on the historic Landmark :.ommission's agenda after a citizen request. BACKGROUND. There was a citizen request to change the name of Highview Court or Highview Circle due to problems experienced with emergency services, deliveries and service calls. The Historic Landmark Commission decided that fewer people would be affected by changing the name of Highview Court. The Commission requested input from the property owners on Highview Court and one of the suggestions was Tree Crest. After dis- cussion, they voted to forward the recommendation of Tree Crest Place to the Planning and Zoning Commission. A public hearing was held by the Planning and Zoning Commission after which they recommended the name Tree Crest Place to the City Council. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: I The Public Works Department would make the new street sign and would update any maps. i FISCAL IMPACT: 4 There will be an approximate cost of $50 to change the street sign. The city maps woulo be updated during their regu r process. keape 1 mi Lloyd Harrell City Manager Prepared by: E112: t Evans Planning Administrator Ap roved: 45 ns C r Executive Director or Planning and Development STREET NAME CHANGE r I . { e r { 1 . ~ r ' ~l SITE u ~1 C 1 Y Lily d. W , r u y x 2!r u R ' .4 f ! A l er r I' el /w A 12 13 •I ' 2,7 e • , 1~ { it { 2 j { 1 1 r ~ r 4 y,. I II j { / ie i. I u II I u as~ may- I 1 i / n I re is .o a i 41 ~ .1 ~ 1 ■ ~ I 17 H 11 .1 N \ H el {r $I l \ \ NO141M0 ML lClI1CL II I r I a ~ 1 I er_ ro II n 11 a I! it II II' to is II I t I PAZ Minutes August lu, 1988 Page 3 lie added that it was a requirement of the Historic Landmark Commission to have the paint removed and the requirement was met. Mr, lamman asked if the front of the building was orig- anal. Fir. Cochran stated that he did not know. The petitioner had tried to locate papers as to what year the building had been built and was unsuccessful. The only known papers were in the old courthouse when it had burned down. He continued that some remodeling had been done though it was early in this century, possibly 1920's material. Ile added that the building had a lot of windows. Mr. Ramman stated that the windows were not from 1913. Mr. Cochran agreed that they were not from 1913 but did not know when they were added, fie stated that if the building was designated as a historic landmark, no major architectural changes could be made without ptior approval from the Historic Landmark Commission and the Planning and Zoning Commission. He added that the owner showee pride In the structure. Mr. Glasscock asked if it was the only historic landmark building on the Square. Mr. Cochran said no, that there were others. Wallace Duvall, 2100 Sauls Lane, petitioner, apologized for being late and stated that he would answer any ques- tions. He added that he would like to have the building designated as historic. OPPOSED: Tune Present. RECGMMENDATION: Ms. Evans stated that the Historic an mar omm ssfon recommended approval with a unanimous vote of 7.0. REBUTTAL: None Offered. i Chair declared public hearing closed. i DECISION: Mr. Glasscock moved to recommend approval of H-371 econded by Ms. Morgan and unanimously carried B.) Consider making a recommendation on a request for a street E name change for Highview Court. STAFF REFORT: Ms. Evans stated that a request 4r4 been ma a to c ange the name of either Highvlew Court or Highview Circle because they were too similar. She said the Historic Landmark Commission considered the request at its meeting of May 9, 1988 and later requested that property owners be notified prior to considering possible alternatives. She stated that the Historic Landmark Commission chose to change the name of Illghvfew Court Instead of Highview Circle because of the amount of residences on Highview Circle. IN FAVOR: None Present. OPPOSED: None Present. RLCOMMENDATION: Ms. Evans stated that the Commission had Me op ons to approve the name as Treecrest Place, approve another name, or deny the petition. She added that the historic Landmark Commission recommended approval of the name change to Treecrest Place. r f N I Pf,: Minutes August 1C, 1988 i Page 4 F's. Brock asked if there were problems with the names in the past. Nis. Evans stated yes, the police, fire depart- went, mail, and even pizza was being delivered to the wrong house. !'s. Lvans stated that there were several other possible ` names that were not considered because they sounded too I similar to Highview or other streets in the city. E Chair declared public hearing closed. DFCISIUN: Mr. Glasscock moved to recommend approval of ttFe street name change to Treecrest Place. Seconded by L! - kamman and unanimously carried (6-U), III. Coualder making a recommendation on the preliminary plat of Lots 1 and 2, Block A, Marine Plastics Addition. Ms. Evans stated that a request for withdrawal of the plat was recrived. 4 IV. Discussion of the revisions to the sign ordinance, Nts. Carson stated that staff had drafted some revisions to the sign ordinance but that the wording may change slightly with the ordinance. She said she would go over the changes and t would then show slides of some signs as an illustration of the changes. Page 5 - Definitions. Ms. Carson said there would be three additions to the definition section, as follows: (12) "canner" shall mean a temporary sign made of cloth, canvas, or other light fabric, which is attached to a building structure either with or without a frame. National flags anJ flags, emblems, and insignia of political, professional, religious, educational, or corporate organizations are not considered banners provided that such flags, emblems, and insignia are displayed for non-commercial purposes. (J) (15) "lemporary Signs" shall mean any sign Intended for use for a short period of time to advertise a sale, event, or similar activity. i (J) (14) "Abandoned Sign" shall mean a sign which was at one time, but Is not now, used as an on-premise sign, because the business purpose of the premises has changed or ceased, and the sign is not being used as a lawful off-premise sign. The sign no longer serves a bona fide use or purpose. Ms. Carson added that there were some questions whether the legislation authorizes a city to have to pay for abandoned signs, but Mr. Morris would research further on Abandoned Signs. Page 7 - Prohibited Signs. (i) 6 (J) combined ( } Certain Illuminated signs. No sign shall be illuminated To-Ts cTan ntel nsItv`arnsn such a manner, as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Signs that are not effectively shielded as to prevent beams or rays of lights from being directed at any portion of the traveled w.,' of a public I hLC !'inures June 13, 1468 Page 3 Mr. Flckey stated that the Commission is generally flexible about approving requests. The Certificate of Appropriateness is a protective measure in order to prevent chin es that are historically inappropriate, such as painting a historical structure a vivid shade of purple. kr. Hopkins stated that if the Commission is going to require lots of details, it will take too much time. Ms. Conrady stated that special meetings can be called to resolve schedule conflicts. Mr. Fickey stated that his dental office has a historical designation and that he did not have any problezs when he remodeled the building. Mr. Hayes said that most requests can be handled in one or two meetings. It may take two meetings If the Commission asks dor more details upon which to base its decision. Mr. Fickey moved that the Certificate of Appropriateness be approved for the handicap ramp with the stipulation that shrubs be planted along the front of the ramp so as to con- ceal the view of It from Oak Street. Motion seconded by Ms. Shelton. Ms. Evans asked if the Commission wanted the landscaping to be installed prior to the final approval of the building inspector. Mr. Morris stated that the normal procedure is for the Com- mission to review the specifications on the building plans. That way there is a clear understanding of requirements If the property changes hands. He said that there would be enforcement difficulties with the condition requiring landscaping. Mr. Fickey amended his rotion to include the requirement that the railing on the ramp be architecturally compatible with the exterior of the building. Seconded by Mr. Barker ano unani- mously carried (5•0). Vote on original motion with amendment was called and unanimously carried (S-0). i III. Consider making a recommendation to the Planning and Zoning Commission to change the name of Highwiew Court. Ms. Evans stated that she has received three calls In favor of the proposed name change and three opposed to a name change. The residents of the street were notified of the proposal by mail and were asked to submit suggestions. A list of the suggestions has been provided to the Commission. Mr. Fickey asked if the Polite and Fire fepartments are in favor of the change. Ms. Evans said yes. Ms. Conrady and Mr. Flckey stated that they are in favor of a name change. Ms. Conrady stated that Treecrest is the most original sounding name on the list of suggestions. Ms, Evans stated that many of the names are too similar to existing street names. i I MLC SAnutes June 13, 1966 Page d Ms. Shelton said that she likes Forrestview, but it is too similar to Forrestridge. The commission agreed that there are no mountains in Centon and the suggestions using mountain are inappropriate. Ms. Shelton said that she also likes Treecrest. ►:s. Evans stated that there are existing streets named Forrest and Forrestridge. There are two existing streets that sound like Highridge and two that are slailar to Fidleview. i Mr. Mayes asked if the street must remain a court. Ms. Evans said not necessarily. Ms. Conrady aoved to recommend that the name of Highview Court be changed to Treecrest Place. Seconded by Mr. Fickey and. Lunanimously carried (S•0). it was coved by Mr. Fickey to adjourn the aeetin at 6:10 p.m. Seconded by Ms. Shelton and unanimously carried ~S•0). I i i 4 r I~ 1 JI 'i i : i I i k 1-7 Y 2418 NO. AN ORDINANCE Q ' THE CITY OF DENTON, TEXAS PROVIDING FOR THE NAMING OF A PUBLIC STREET SITUATED IN THE CORPORATE LII4ITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas has recommended that the road previously referred to or called 'Highview Court", be formally named and designated as Tree Crest Place; and WHEREAS, the City Council hereby finds and determines that said street should be designated as Tree Crest Place; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the street located within the City of Denton and extending from its intersection with Forrestridge Drive and previously referred to as "Highview Court", be formally named and designated as Tree Crest Place, SECTION II. That the City Council authorizes and directs that the official map of the City of Denton be amended to show the street designation approved. i i SECTION III. That this ordinance shall become effective immediately upon its passage and approval. t PASSED AND APPROVED this the day of _ 1988. i i RAY STEPAENS -F3AYb- ATTEST: i i JENNIFER WALTER S, CI SSECRETA Y APPROVED AS TO LESAL FORM: DEBRA ADAMI DRAYO%*lTCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY:C i 1 T-rTTMM R 1 i i IET~ E LJLI= Ljmj= i DATE: September 23, 1998 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PROPOSAL FROM SAMMONS COMMUNICATIONS, INC. FOR RENFWAL OF ITS CABLE TELEVISION FRANCHISE AGREEMENT RECOMMENDATION: The Cable Television Advisory Board and staff recommend approval. SUMMARY: This proposal for renewal contains provisions which include an upgrade of t:. cable system from 36 channels to 60 channels, increased selection of types of programming, an increase in the annual iranchise fee payment and stringent customer service standards. This proposal will allow the City to effectively monitor the operations of Sammons and ensure that the subscriber receives j quality service. 3 i BACKGROUND: The 1984 Cable Communications Act outlines procedures which must be followed by a franchising authority when renewing a cable franchise agreement. Once a cable operator has submitted a Proposal for Renewal, the franchising authori- ty (City) must either (a) renew the franchise, or (b) issue a preliminary assessment that the franchise should not be renewed and state grounds for ! denial which muse be one of four reasons outlined in the 1984 Act. Renewal s or denial of the franchise must take place within a four month time period after the Proposal has been submitted; therefore, this renewal must be completed by November 8, 1988. ! PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City departments will be affected through the development and operation of a local government channel. Training activities will be coordinated through the cable system for the Police and Fire Departments. Citizens will benefit through the increase in variety of programming, availability of new services such as Pay Per View and expanded .opportunities for training and use of the Public Access Facilities. ! ljm09238882/1 1 I l CITY COLNCIL REPORT FORMAT September 23, 1988 Page 2 FISCAL IMPACT: i This will have a very positive fiscal impact on the City. Franchise fee revenues will increase from 3 percent of Sammons' annual gross receipts to 5 percent. The City will also receive a $60,000 grant from Sammons to purchase equipment for the operation of a local government channel and a $35,000 payment for reimbursement of refranchisement costs. Respect ly/ssuubmitte , V Lloyd . Harrell City Manager Pre ared by: J a Moore inistrative Analyst Approved by: Bill Angelo Director of Community Services I fl f f I Ljm09238882/2 GITYofDFNTON,TEXAS MUNlClPAt BUItDfNG , DfNTON, TEXA576101 ~ TftFPNONE(817)566.8100 DATES September 4, 1988 T0: Bill Angelo, Director of Community Services FROMs Julie Moore, Administrative Annlyat ~ s CABLE BOARD RECOl4tENDATION ON CABLE TELEVISION FRANCHISE RENEWAL The Cable Television Advisory Hoard met on August 31, 1988, and approved j 9 recommendation for terms for the renewal of the current cable tole- ? ~iaion E:•anchiae agreement betvicen the City of Denton and Sammons ~'ommunicatlons, Inc, These terms ar♦ listed belox and repre~eat the re±or proviaioas to be included in the new franchise agreement, ;ij # Upgrade channel capacity from 36 to 60 channels vithin 48 months of renewal of the franchise, • Increase franchise fee i groan revenues, payment Erom 3 percent to 5 percent of R Upgraded system will have two way service capability through- out the entire system - only downstream (headend to aubacrib- er) to ba activated initially, i a Sammons Communications will mazlmum of ;35,000 for ref ranchieement costsCitThle aenton a due in one lump sum at the time the franchise ag=ee ant signed, ~ Five aceeas channels vi17. be provided for the following designated vases North Texas State University, Texas Woman's University, Public Access/hotel Origination, Lvcal Govern- ment/Dentvn Independent School District E i , dutational Acceae, I ~ Sammons vl11 provide a :60,000 grant to the City for purehaea of equipment to operate the Local Government channel. This 1~m09138876/1 I s i i it CABLE BOARD RECOMMENDATION ON FRANCHISE RENEWAL September 9, 1988 Page 2 grant is due in one lump sum payment at the time the franchise agreemt t is signed, Any costs for remodeling the Council Chambers for broadcast purposes would be drawn from the $60,000. Sammons will construct cable lines to and between six munici- pal facilities to be used as remote video insertion points for origination and transmission of programming. The facilities aret the Municipal Building, Central Fire Station, Service Center, Police Station, Library, Civic Center, e Sammons shall continue to provide the equipment necessary for the City of Denton's emergency override system which includes a Remote Data Terminal, telephone lines, modems, etc., as specified in the MacKenna Paris Tower Agreement. * Sammons shall continue to provide public access facilities including a studio and production manager, e Sammons will produce a minimum of 400 hours of local origina- tion programming annually. One hundred (100) of these hours can be supplied using programming from other Sammons sources. 't Sammons will be required to keep a list of inquiries on public access training and conduct training sessions on a quarterly basis, e Sammons will provide an instructor and facilities free of charge for annual training sessions offered through the Denton Independent School District, s Sammons and the City of Denton will mutually agree upon the establishment of rules and rates for the use of public access facilities. There will be no rates charged for public access facility use during the interim between signing a new fran- chias agreement and the Cicy and Sammons mutually agreeing upon the rates, e Signal quality dispute provision to be included - if there is a dispute between the user of an access channel and the cable operator concerning the quality of the audio/video signal, at the request of either party, the dispute will be submitted to an independent engineer to be jointly selected by the City and the Cable Company. The party that is found to be at fault will be required to pay for the cost of the testing and analysis performed by the engineer. ljm09138876/2 I CABLE BOARD RECOMHENDATION ON FRANCHISE RENEWAL September 9, 1988 Page 3 k Commercial leased access - under Federal law, Sammons will be required to designate 15 percent of its activated channels for commercial use. * Consumer Service Standards - The City and Sammons agree to the following consumer service and grievance standards. These standards are in addition to service standards included in the revised regulatory ordinance. (a) Sammons to maintain an office within City limits of Denton. (b) Local toll-free telephone number required so that consum- er complaints can be received by Sammons on a 24-hour basis. (c) Sammons shall obtain and maintain sufficient telephone lines and staffing so as not to unreasonably delay the answering of all telephone calls. The City, upon receiv- ing repetitive documented complaints from subscribers regarding their inability to teach the cable company during non-emergency, non-system outage periods, may seek the remedy provided in the regulatory ordinance (liq- uidated damages). (d) Sammons is to respond to complaints promptly, and if possible resolve complaints within 24 hours - Sammons shall establish procedures for receiving and acting upon, and resolving subscriber complaints to the satisfaction of the City Manager. Notice of procedure shall be given to subscribers annually. A telephone number for sub- scrtber complaints shall be displayed on all customer bills and in the Denton telephone directory. The Re- pair/Service telephone number shall be designated as a 24-hour number. (e) Refunds are to be made available to subscribers commenc- ing 48 hours after notifying Sammons of loss of service, (f) Sa=Aons shall provide at least 10 days written notice prior to discontinuance of service to the subscriber. (g) All personnel, agents and representatives of Sammons including subcontractors shall wear photo identification badges. IjmO9138816/3 4 CABLE BOARD RECOMMENDATION ON FRANCHISE RENEWAL September 9, 1988 Page 4 i (h) Sammons shall provide advance notice, in light of ctrcum- stances, prior to entry, whenever desiring to enter any private property. (i) Sammons shall notify customer of expected time of service visit. Such notification shall indicate whether visit will be before or after noon. Sammons shall accommodate customers as to choice of morning or afternoon visit. (J) Sammons shall annually provide customers, and potential subscribers with complete listing of service offerings, options, prices and credit policies. e Sammons will have standby power supplies installed at the headcnd, with transportation and trunk amplifiers providing emergency power for a minimum of two hours within six months of the grant of the franchise renewal. * Sammons will be required to extend cable service to any contiguous area not designated for initial service in the construction plan when there exists a density of thirty-five (35) dwelling units per street mile in areas served by aerial or fifty (50) dwelling units per street mile for underground cable. Service to lower density areas will be exte-ded based k upon a cost-sharing formula to be arranged with subscribers. * Sammons agrees to provide a diversity of programming and at the completion of the system upgrade provide the followings A. Provide full channels for Arts and Entertainment and Nicholodeon which presently share a channel. B. Add two new channels, Discovery and the Weather Channel. C. Add a "Pay-Per-View" channel. * Sammons will continue to provide the best system currently available in order to achieve a user friendly system for integrating cable ready television sets, VCR's, cable system converters and customer-owned remote control devices. * The length of the new franchise agreement will be fifteen (15) ly years with a midpoint performance review which can include but is not limited to a consumer survey, technical review and financial analysis. The costs associated with this review are to be paid by Sammons with the maximum cost not to exceed 1jm09138876/4 1 1 CABLE BOARD RECOMMENDATION ON FRANCHISE RENEWAL September 9, 1988 Page S $25,000 CPI. The City of Denton will provide a ! it of three nationally recognized consultants to perform the review and Sammons must mutually agree wi City )n one of these. The above terms are the result of a 1• ,gthy •efranchistsont process ii- which has included public hestittge, a consume- survey of Renton dents to determine their views regarding cabl, television eerv' a technical and financial evaluation of Samee:,# Comaunic as, Inc. conducted by CTIC and Asst~ iatea nd finally the 4&,„ sent of a Request for Proposal. In -.rder tc comply with rvia,.al procedures outlined in the Cable Communications Policy Act of 1984, staff is also recommending the following actions in order to couplets the refranchisement process by November 8, 1988. October 4, 1988 - City Council conduct a public hearixg on the recommendations, October 18, 1988 - Consideration of formal approval of refranchisement terms by City Council. Consideration of Cable Television Ordi- nance amendments, November 1, 1988 - Adoption of CATV Ordinance amendments. Renewal of franchise agreement bet.aen Sammons Communications, Inc, and the City of Denton. I will be happy to provide any further information if needed. i ` 3M/sc r i i 1jm0913887615 I I i MINUTES CABLE TV ADVISORY BOARD AUGUST 31, 1988 PRESENT Charlie McNeil G. L. Seligmann, Chairperson Darlene Whitten ABSENT Jim Alexander, Council Liaison Meta Carstarphen Joseph Fearing STAFF PRESENT Debra Adaml-Drayovitch, City Attorney Julia Moore, Administrative Analyst The Cable Television Advisory Board meeting was called to order by Chairperson Seligmann at 6:15 P.M., on Wednesday, August 31, 19880 in the Utility Conference Room of the Service Center, 901 Texas Street. ITEM /1 The board utaanimousl% approved the minutes of the July 21, 1988, and July 27, 1982, CATV board meetings, ! I ITEM .l2 E The board reviewed the proposed amendments to Chapter 51 of the Code of Ordinances. Charlie McNeil stated that the issue of VCR and remote control compatibility was very important and the board should continue to pursue options to assist the customer in obtaining a user friendly system. i Darlene Whitten expressed a concern that Section 51-77(9) did not include the Center for the Visual Arta and the Raytor Center for the Performing Arts as public buildings to be connected to the cable system at no charge and that Sammons had previously committed to providing two way capability for both buildings. Staff responded that Sec- F tion 51-77(9) referred to the provision of basic cable drops and that i 1jm09028873/1 1 i i CABLE TV ADVISORY BOARD MINUTES August 31, 1988 Page 2 the provision of two way service to the two Arts buildings was a sepa- rate issue. Staff further explained that Sammons had responded to this issue in its Proposal for Renewal which states that Sammons will provide a dedicated cable to the headend from both buildings upon the request of the Greater Denton Arts Council. Therefore, a provision to this effect will be included in the new franchise agreement. Chairperson Seli gmann expressed a concern that Section 5J-69 would lock i the City into receiving a maximum of 5 percent for a franchise fee and that if there was a change in the Federal law which affected the per- centage that was allowable, the City would want to be able to increase the fee. Ms. Drayovitch noted that she would look at rewording this to ensure that the City receives a minimum of 5 percent with a maximum of whatever is allowable under the Cable Act. ITEM 13 Staff discussed the results of its meeting with Sammons Communications, Inc. concerning the CATV Board's recommendations on Sammons' Proposal for Renewal of its franchise agreement and then reviewed the agreed-upon terms (see attached summary). The board voiced no objections and staff further explained that the agreed-upon terms would be submitted to the City Council for their approval. Darlene Whitten suggested that the newspaper should be provided with information prior to the meeting in order to inform the public of the refrancbisement process and Issues. ITEM 04 Staff opened a discussion on changing the meeting nights and the board agreed to meeting on Thursday Instead of Wednesday. Staff also briefed the board on the status of cable service to the down- town square area - cable has been laid and Sammons should be contacting the individual businesses within the next two weeks. 1 The meeting was adjourned at 8t10 P.M. I i 1jm09028873/2 SUMMARY OF CITY OF DENTON/WiMONCCOMMENDIATIONSS, INC. DISCUSSION OF CATV BOARD NEGOTIABLE ITEMS BOARD RECOMMENDATIONS AGREES TERMS Standby power supply of two hours. Same Minimum of 400 total hours of Local origination programming. local origination. Minimum number of hours produced 100 hours can be supplied using annually - 400 to 600. programming from other Sammons sources. Cable company to keep list of Cable company to keep list of in- inquiries on public access training quiries on public access training and conduct the sessions on a and conduct training ten persons. quarterly basis. This does not in- Minimum requirement of f ten persona. elude the annual training session sponsored through the Denton 1 independent School District. Sammons will provide a $60,000 Drop request to equip the Council rant due in one lump sum payment Chambers in return for ;60,000 at the time the franchise agree- { grant to purchase equipment for meat is signed. If City decides to operation of local government equip Council Chambers, that cost channel. would be drawn from the $60,000 grant. { I Maximum payment from Sammons of Maximum payment from Sammons of $35,000 for refranchisement costs ;350000 for refcanchisement costs. due in one lump sum at the time of the signing of the franchise agree- i i went. r Ilfh ,,.,AAT1AA71 /1 f ~ r 1 I SUMMARY OF RECOMMENDATIONS Page 2 BOARD RECOMMENDATIONS AGREED UPON TERMS 15 year franchise term in return for: Sammons agrees with the stipulation - payment of refranchisement that the City select three fee ($35,000) nationally recognized consultants - training sessions for public to perform review and Sammons has access uaa to agree on one. Maximum cost of - performance review to be review not to exceed $25,000 CPI. conducted at the midpoint of the franchise agreement. Costs associated with perfor- mance review which can include but are not limited to a consumer survey, technical review and financial analysis, are to be paid by cable operator. I i I i ! I a 1 1 f i v i t I., /1g71pg71/7 ! i i. 1 J 1 f~ I~ I • s r 1 0923L - 674. NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS. the City Council has provtded`in the City Budget for the appropriation of fupds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bi,is for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are lereby accepted and approved as being the lowest responsible bids ►or such items: BID ITEM NUMBER NO. VENDOR AMOUNT i 9900 CONDISCO. INC. 123.763.00 9897 112&6 WHITE CLOVE $43,800.00 9897 31400 VAnSITY CLEANERS 9197 8_1910, VARSITY CLFANERS 7897 11612 VARSITY CLEANEns f48,394.00 1 SECTION II. That by the accer~tance and approval of the above numbers terns of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III_ That should the City and persons submitting approved an`d`accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager o r his designated representative is hereby authorized to execute the that wthetewritt en contract isalin baccorda accordance with hereto; provided suusitcontainedeC in i the io Bid Proposal and quantities bid documents herein approved and accepted, SECTION IV. That by the acceptance and approval of the above numbers terns of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and In accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective y. imme ate y upon its passage and approval. PASSED AND APPROVED this day of 198 , i ' EP EN , M OR ATTEST: CITY OF DENTON, TEXAS f I i i J FER TERS, C S RET CITY OF DENTON, TEXAS j APPROVED AS TO LEGAL FORM: DEBRA ALMI DRAYOVITCHo CITY ATTORNEY CITY OF DENTON, TEXAS BY, PAGE TWO DATE; OCTDBER 4, 1988 CITY COUNCIL REPORT 70: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID; 9900 USED DATA PROCESSING EQUIPMENT RECOMMENDATION: WE RECOMMEND THIS BID BE AWARDED TO COMDISCO, INC., IN THE AMOUNT OF $23,763.000 FOB DENTON WITH DELIVERY IN 30 DAYS. SUMMAR Ys THIS 810 IS FOR THE PURCHASE Of A GROUP OF MAJOR DATA PROCESSING EQUIPMENT. THE EQUIPMENT WILL BE UTILIZED TO UPGRADE THE SERVICES AND CAPABILITIES OF THE DATA PROCESSING DIVISION AND HAS BEEN APPROVED BY THE DATA PROCESSING ADVISORY BOARD. THE EQUIPMENT IS USED, BUT DOES MEET IBM MAINTENANCE REQUIREMENTS AND IS A SAVINGS OF APPROXIMATELY 60% OVER THE NEW COST. BACKGROUND: TABULATION SHEET; MEMO FROM GARY COLLINS, DIRECTOR OF DATA PROCESSING PROGRAMS. DEPARTMENT OR GROUPS AFFECTED; DATA PROCESSING DIVISION FISCAL IMPACT; FUNDS FOR THIS PURCHASE WILL BE TAKEN FROM 1987/88 BUDGET FUNDS ACCOUNT NUMBER 100-036-0017-9103 Respectful submitted: s ! t T-la-yd-V. Harrell City Manager P ored byr alme fOM 04 STAN Titles ASSISTANT PURCHASING AGENT i Approveds ?Itlel - MARSHALL • PURCHASING AGENT I f i I I 1 I ( I I BID I 9900 1 1 1 1 1 1 1 BID ilTlE USED ORTA PROCESSING EDUIPMENT I I I I i I i I COMDISCO I TRINITY ISYNTREI, INC. [REPUBLIC DATA I PHOENII IDOYLE COMPUIERI OPENED SEPTEMBER 20.I 1986 1 1 COMPUTER I I I COMPUTER I MKT. I f I I I I I I ACCOUNT I 100 OJb D01T 9103 1 1 t I I 1 I........ I _.........I I I.............. I _ ...__._.....I I I I t I I I I I { I BTY I ITEM DESCRIPIION t VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I I ._......I .............1. .....I... ...I........__....I.._..._.......I...._.........I............__I i I i I ITAPE CONTROLLER 1 5,000.00 I NO BID t NO BID I NO BID I NO BID I NO 810 1 2 1 4 ITAPE DRIVE I 21000.00 I NO BID I NO BID I NO BID I NO BID I NO BID I 3 1 1 IREMOTE CONTROLLER 1 11400.00 1 NO BID I NO SID I ND BID I NO BID I NO BID I 4 1 1 IDISK 1 6.500.00 1 NO 810 1 NO BID I NO BID I NO BID I NO BID 1 ; 5 1 LT. $TRANSPORTATION 1 21Bb3.00 1 NO BID 1 NO BID I NO BID I NO BID 1 NO SID I I t t I I t I I t I i I I t I I I I 1 I j I (TOTAL I 23~1b3.00 1 1 I 1 1 1 I I I I 1 I I I t 1 iP08 I DENTON I I I I I I I I t I t i I I IDELIVERY 3D DAY 1 I I I I I I I I I I I I I I I I I INET $0 I t I 1 1 t I 1 I I I I I [ I i 1 I I I t I I 1 t I I I t I I t j 1 I I I 1 t I E 'I 1 i . k 1 i ~ i [ i' J CITY of DENTON, TEXAS 215 E. MCKINNEYI DENTON, TEXAS 762011 TELEPHONE (817} 566.8200 M E M O R A N D U M DATE: September 23, 1988 F TO,, Betty McKean, Executive Director for Municipal Services/Economic Development FROM: Gary A. Collins, Director of Data Processing SUBJECT: BUDGET TRANSFER The following outlines the reasons and circumstances that we are requesting i the equipment upgrade that has been bid and scheduled for the October 4f 1988 council meetings i 1. Remote Terminal Controller - In the July and August time frame the Executive Group approved the purchase of two PCs for the Finance Department and the Municipal Court Division ordered additional CRTs. At that time I informed the Executive Group that the controllers now installed at City Hall would not accommodate all the currently installed and the anticipated PCs and CRTs. The executive Group agreed that we should try to find funds in this year's budget for the purchase of an additional controller to meet these anticipated needs. I have been able to find a used controller to meet these needs at a cost of $1,400. i 2. Tape Drives - Currently our tape drives can only process tapes that have been written at a relatively low density and therefore 1 require an inordinate amount of time and resources for processing. In August we were informed by the Planning and Community Development f Department's of its plans to purchase the Census Bureau's Dime file at a density that we could not read on our current equipment. At this time we learned that Moore Business Forme, whom we had used in the past to convert tapes written at a high density to the lower density our equipment could process, had converted to new tape equipment that is not compatible with our current equipment. Additionally, we received from the Denton Central Appraisal District our initial tax file tape at the higher density that our equipment could not process. We experience a 2 day delay waiting for DCAD to provide us with a tape we could process with our current equipment. These new tape drives { will require 1/4 the tapes now used and approximate 1/2 the current f i N I processing time in addition to providing us the capability to read tapes of either high or low density. The coat for this used equipment is $15,000 as opposed to a cost of approximately $1250000 for comparable new equipment. 3. Disk Drive - In July and August we started experiencing disk ` storage problems with the LGFS, Municipal Court, and Utility Billing system:,. In June I reeoived a request from the Finance Department to retain more LGFS data on-line. At that time we advised the Finance Department of the potential disk apace a.id other resource problems I associated with this request and offered some other alternatives. In July we started keeping an additional month of detail transactions on the LGFS system. In August we temporarily resolved some of our disk storage problems by deleting two years of past history from the LGFS system. In August I first learned about the plan to add back years of parking tickets to the Municipal Court system. Without this additional disk drive the Municipal Court Division will have to restrict the number of cases kept in the active case file thus limiting the Court Clacks' ability to retrieve disposed cases. We I have been able to locate a used Disk drive at a cost of $5,500 versus the $19,000 we paid for the last comparable disk drive we purchased. For your information in addition to the equipment listed above I have utilized surplus funds to purchase a Xerox laser printer at a cost of $2,9001 that will be used to print the programmers' compile and test listings for them withoat them entering the computer room. This capability along with our plan to develop a departmental policy specifying when programmers can enter the computer room will address the computer rooa. security issue that was part of last year's audit report. As you can see a number of requests and situations have arisen since we prepared the budget that were unforeseen by us but place tremendous demands on our resources both equipment and personnel. I feel that this use of surplus funds will allow us to meet these expressed needs of a number of departments wilt. the minimum cost to the organization. i If you have any questions or concerns, please feel free to call me. ' I Gary Collins, Director of Data Processing F i i i I f A CITY of DFNTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7E«! / TELEPHONE (817) 566 4100 i i MEMORANDUM DATE: September 12, 1988 f TO: Lloyd V. Harrell, City Manager FROM., Gary A. Collins, Director of Data Processing SUBJECT: DATA PROCESSING ADVISORY BOARD Unfortunately the Data Processing Advisory Board did not have a %morum at today's meeting aad, therefore, no formal recommendation came from the Board. I have attached a copy of what transpired at this morning's meeting for your information. Additionally. I called each of the members that were absent and received their concurrence with the opinions expressed by the members present at the meeting. It you have any questions regarding this matter, please feel tree to call me at any time. i Asp rn~J Gar A. Collins I wp Attachment cc: Betty McKean 1300k ` I I ` I' DATA PROCESSING ADVISORY BOARD MINUTES SEPTEMBER 12, 1988 Members Present: Jim Kuykendall, Dale Maddry Members Absent: Cengis Capan, Ron McDadr, Charles Ridden: Others Present: Gary Collins from City Staff 1 Since there was not a quorum present no votes on any items could be taken. Lacking a quorum, Gary Collins merely explained the need for the disk drive, remote controller and tape drives. Dale Maddry asked if the City had any negative experiences with used equipment. Gary Collins explained that a number of current pieces of equipment were purchased as used equipment and had reasonably good experience with this equipment. Gary Collins stated he felt it was necessary to stipulate that the equipment be acceptable to an IBM maintenance contract since this ensured that all of the engineering changes had been applied to any used equipment r11-chased from the third market vendors. Dale Maddry made the observation that Le had purchased used equipment at TWU and had similar experiences. Dale and Ji% agreed that they did not see any reason that the City should not proceed with the purchase of this used equip- ment. Gory Collins discussed the outline of a minimal personal computer configuration with some additional options being highly recommended and ask if this was the direction the Advisory Board had intended us to proceed. Both Dale Maddry and Jim Kuykendall agreed .hat this was their understanding of the board's intention. i i i E r~ DATES OCTO".ER 4, 1988 TOs MAYOR AND MEMBERS OF THE CITY COUNCIL FROM! LLOYD V. HARRELL, CITY MANAGER SUBJECT: BIDi 9897 JANITORAL SERVICE RECOMMENDATION: I WE RECOMMEND THIS BID BE AWARDED TO TWO DIFFERENT VENDORS AT A LOWER PRICE THAN ANY ONE VENDOR HAS BID. AWARD ITEMS 1,21 AND 6 TO WHITE CLOVE FOR THE YEARLY TOTAL OF $43,800.00 AND ITEMS 3,417,8,9,10011 AND 12 TO VARSITY CLEANERS AT THE YEARLY TOTAL OF $48,394,00. THIS MAKES A TOTAL AWARD OF $92,194.00. SUMMARYs THIS 010 WAS SENT TO OVER 20 VENDORS, WE RECEIVED ONLY FIVE BIDS AS SHOWN ON THE TABULATION SHEET, WE HAVE RECOMMENDED THAT ITEM SEVEN MARTIN LUTHER KING RECREATION CENTER NOT BE AWARDED AT THIS TIME. THE VENDORS HAD TO MAKE A GUESS AS THE BUILDING IS NOT COMPLETE. WE WILL BID MLK WHEN IT IS FINISHED AND READY FOR OCCUPANCY. THIS AWARO IS SOME $12,276.00 LESS THAN THE LOW BID ANO ONLY $330.23 MORE THAN THE LOW 810 FOR EACH ITEM. WE FEEL THE ABOVE AWARD IS THE LOWEST AND BEST BIDS FOR THE CITY. THIS GIVES US ONLY 2 VENDORS RATHER THAN 4 VENDORS AND WE AR'- JUKE A DALLAS VENDOR MOULD NOT WANT TO COME UP AND SERVICE ONLY ONE BUILDING. BACKGROUND: TABULATION SHEET AND MEMO FROM BRUC:: HENNINGTON, SUPERINTENDENT OF BUILDING OPERATIONS. PRDORAMS1 DEPARTMENT_OR_GROUPS_AFFECTEDs I i ALL CITY DEPARTMENTS AND/OR DIVISIONS USING THE LISTED BUILDING REQUIRING JANITORAL SERVICES. F15CAL_IMPACTs BUDGETED ACCOUNT j 4LLD-v LY SUBMITTEOr HARRELL CITY MANAGER PRfp7ARE0 f 1~f.~?_ } IAM' OHN J. MARSHALL (/TITLE! PURCHASING AGENT r APPROVED! 0 NMAR~A MARSHALL ITL s PURCHASING AGENT ~I I w T - - - - i I I I I I I DID 1 9697 I I I I 1 1 BTD TITLE JANITDkAL 5ERYICE I CONIRACI I REDLEE INC, i NHITE GLOVE IPEDUS SERVICE I VARSITY I ------------1.....-------------- I CLEANING I I I CLEANERS I OPENCO SEPTEMBER 22 1488 l I I ] 1 I I I I I I i ACCOUNT I I I I 1 I ] .................•....°_...---•••-•-----1.............. I I....... I. I I I I 1 .1 ..............I 1 I DTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I p .........I I.............. I.............. I.............. 1 1 I I 1 I I I I I i 1 I (CITY HALL 1 231143,50 1 26,790.60 1 21,600.00 1 42,756.00 1 310235.00 1 2 I [POLICE 1 14, 795.75 1 1 15, 000.00 1 20, 576.00 1 16, 436.00 1 3 1 ICITY ANNE1 1 60066.30 1 41160.00 1 11500.00 1 4,969.00 1 41260.00 1 4 1 ISERVICE CENTER I 13,797-04 1 16,754.00 1 18,000.00 1 15,265.00 1 13,100.00 I l 5 1 IVEHICLE RAINTANCE 1 21157.50 1 11059.20 1 21400.00 1 11173.00 1 905.0D I 6 1 IVISUAL ARTS I 8,731.60 I 10,1B2.60 1 11200.00 1 99102.00 1 11045.00 1 i 7 I IRAATIN LUTHER KING JR I 7,302.45 1 1 14,400.00 1 11,701.00 1 51310.00 1 I I [CIVIC CENTER 1 10,635.20 1 15,613,60 I 12,000.00 I 111413.00 1 10,000.00 1 9 1 ISENIOR CENTER 1 71561.40 1 51615.00 1 51400.00 1 41189.00 1 41800.00 1 10 1 IDEN14 RECREATION 1 9,620.20 1 1 120"0.00 1 8,924.00 1 7,BD0.00 I It I iNORTH LAKE RECREATION 1 9,129.20 1 1 12,000.00 1 51962.00 1 51664.00 1 12 1 ]TRAFFIC CONTROL 1 11945.00 1 1,017.60 1 21400.00 1 942.00 1 985.00 1 k 1 I 1 1 I I ' I I i i ] I 1 I I 170TAL LESS IIiN 17 1 108,409.69 1 NOT CORPLEIE I 115,50;.00 1 125}476.00 1 104,4110.00 1 ~ I I I I I I I I 1 I I I 1 ITDTAL ALL ITEMS 1 115,792.14 1 MOT COMPLETE 1 129,900.00 1 131,611.00 1 109,720.00 1 i ~ I ! .1 f IrI ( ' I I j I 'DD 52 c TY of DENTON, TEXAS Civic Center/ 321 E. McKinney/ Denton, TX 70201 i ~ M C M O R A N D U M ! Tot John Marshall, Purchasing Agent Tom Shaw, Assistant Purchasing Agent PROMI Bruce Eenington, Superintendent of Building Operations a DATES September 27, 1988 SUBJECTS Bid 19897 Janitorial Service { I would like to recommend the followings r 11 The Martin Luther Ring, Jr. Recreation center building bid was varied, maybe because the construction is not far enough along for vendors to bid accurately, and I suggest we not consider this new building as part of this award. I do think we deed to reserve the right to renegotiate this building at a later date (January) without re-bidding. 24 I suggest you award this bid to two contractors instead of one. The two h contractors approach will save the City approximately 512,276.004 i Award the following buildings to Varsity, inc.s 'i 1. Traffic Control $ 985 f 2. City Annex 4,269 ` j 3. Service Center 13,100 I ~ee 4. Vehicls Maintenance 985 50 Civic Center 10,800 6. Senior center 41800 7. Denis 71800 II 8. North Lakes 51664 ! 548,394/year r. r c , e/TlL&041l!L ~r~d r/tle~lal ~'r%nn~t Donlon Parks and Recreation / Donton, Toxarf ~e>r r~ aee•8570 r ) 4 i hw,ard the remainder of the DUildings to white Olovei 1. City Mall $218600 2. Police 150000 3. Visual Art$ 11200 J 43,800 TOTAL $92,194 1 Bruce Meningt t copy to Betty Mclean Steve Brinkman i MBM02510 r I E i ~ i f 4 E; f `p .1 1•• I 11 R i f I f i i 1 . I 0923L NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE UNOR FSERVICESENIN PURCHASES OF MATERIALS, EQUI_PMENf,.--SUPPLIES ~OVI - OF STATE LAW ING SUCH W THE PR PURCHASESEFROM HREQUIREMENTSSIOF S COMPETITIVE BIDS;E AND TPROVIDING P FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require the at einain contracts requiring an expenditure or payment I~ amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once I to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of theeryty, or equiin case of unforeseen damage to public property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there s a pu is calamity that makes it necessary to act at oncce to appropriate money to relieve the , oorito protectcitheepublic to preserve the property of the cityor to provide for unfarseen i ' health of the citizens of the city, and u reason damage to public property, machinery or equipment, C thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the Purchase Orders" attached hereto, are hereby approved: i PURCHAS14 VENAOR AMOUNT ORDERER R4# 102272 GENERAL ELECTRIC COMPANY S53 14 i RLf 102271 GENERAL ELECTRIC COMPANY 599,5~ - i SECTION 11. That because of such emergency, the City Manager That because of such emergency, the City Manager or es grate employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the i N attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such ` purchases by the City from the requirements of competitive bids. SECTION ;IJ...., J hat--this ordinance shall become effective immediately upon its passage and approval. l~ PASSED AND APPROVED this the day of , 1987. I RAY STEPHENSO MAYOR CITY OF DENTON, TEXAS i ATTEST: JENNIFER WALTER SO CITY EC ET CITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~I i I PAGE TWO 1 DATE: ()CTOnF-R 4, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM- Lloyd V. Harrell, City Monger SUBJECTS PURCHASE REQUST 102272 GENERAL ELECTRIC COMPANY RECOMMENDATION: ISSUED TOE GENERAL ELECTRIC COMPANY IN THERAMOUNTNOFA$53R,140.000RDER SUMMARY: THIS REQUEST 15 FOR THE COST FOR A TECHNICAL FIELD ENGINEERING SERVICE TO SUPERVISE THE MAJOR OVERHAUL OF 05 TURBINE AND GENERATOR. THE PRICE INCLUDES THE FEES, MEALS, TRAVEL AND TESTING. THIS SUPERVISION IS REQUIRED BY GENERAL ELECTRIC ANYTIME A MAJOR OVERHAUL IS PERFORMED. BACKGROUND: RQ/ 102272, MEMO DATED AUGUST 23, 1988. PROGRAMS DEPARTMENT OR GROUPS AFFECTED: ELECTRIC UTILITY POWER GENERATION. FISCAL IMPACTr i ~ FUNDS WILL BE TAKEN FROM THE 1988/89 BUDGET ACCOUNT NUMBER 610-080-0251-8339 Respectfully submitted: I /JoY. Hotre f City Manoget I eppcred bys Flames Tom SHAW Titles ASSISTANT PURCHASING AGENT r A pproveds • ~ i MARSHALL tie ~RCHA5ING AGENT i I mcwtoc,t rvr, ru64t1A3c P.O. # CITY OF DENTON DATE: 8-23-88 RE STM ` 1 227 •.Da uel• [lReSoonsible, Venda Code Requested by Au orized Siq tune ftwi 08 v x X I Vendor Nam. R.quutor Phone in Fund Adncy n=t Activl 06 ct Job No. ~ TOTAL Line t GENEKL ELECTRIC - i 8339 E314 Venda Addreae M0. N99 Aysy VA. NONLO SCM YC s 14131 MIDWAY ROAD SUITE 500 101 14 88 i i t SHIP TO. DALLAS TX 75244 City of Denton s Sso, s Cc Pam plant 1701-A Spencer Rd. ~ d Vendor Contact buyer s s Venda Phone Comments - F.O.B. 1 214 I 688-6254 d EE BUDITTA ~i vanuty nit Commodity Cede vendor catiloll No Unit Cost Total Cost Description M t M } rn 60 DA 936-75 $672 $40,320 Fees for technical field en ineerin services r~ to su ervise the major overhaul of 65 1 c turbine and itenerator cA 7d I An nA I It S12•Il I i 1 N ~ 1 C11 1 I ~ i 1 60 DA " 25.00 $ 11500.00 Travel I rn i i I LT ° $10,600.00 $10,600.00 Generator test and inspection D.C. test 1 I ej S-1- 1) WHITE -Purehe,InE Copy PAGE TOTAL > MUST AORIE WITH SUDGET TOTAL YELLOW •►urchu1nE(wl1l be returned with P.O.) PeNR r.aw,uler,•;. Copy 1 r I T CITY OF DENTON, TEXAS ELECTRIC PRODUCTION DIVISION 1701 SPENCER ROAD DENTON, TEXAS 16205 TELEPHONE 1817) 566-8258 M E M O R A N D U M I TOI John Marshall Purchasing Agent FROM, Jerry Crisp Acting Superintendent, Electric Produrt(on DATES August 23, 1988 SUBJECT: Major overhaul of f5 turbine and generator. These Purchase Requests are for the major overhaul of f5 turbine and generator. The last overhaul of this unit was done in October 1982. Since that time this unit has cycled 491 times. A new 14th stage will be installed for unit efficiency. The old one was removed in 1982 because of metal fatigue. These overhauls are recommended every five years for the safe and efficient running of the i unite. The cost of repairs is estimated as closely as possible, but can change depending on problems found when the unit is Inspecteds f! j s r j 1 I rry Crisp 1 JCIflc i 'i. I M I r ~ !I DATE. OCTOBER A. 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS PURCHASE REQUEST 102274 TO GENERAL ELECTRIC COMPANY i RECOMMENDATION: WE RECOMMEND TNIS PURCHASE REQUEST RE APPROVEn AND A PURCHASE ORDER 1SSUEO TO GENERAL ELECTRIC COMPANY IN THE AMOUNT OF $99,300.00. SUMMARY: THIS REQUEST IS FOR THE ESTIMATED COST OF REPAIRS ON THE MAJOR OVERHAUL OF IS TURBINE AND GENERATOR. THE PRICE INCLUDES INSTALLATION, ROTOR TRANSPORTATION, ROTOR REPAIRS, BALANCING AND OTHER RELATED ACTIVITIES. THIS IS A SINGLE SOURCE PROCUREMENT. BACKGROUNDt PURCHASE REQUEST 1022741 MEMO BATED AUGUST 23, 1988. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: ELECTRIC UTILITY POWER GENERATION FISCAL IMPACT: FUNDS WILL BE TAKEN FROM THE 1988189 BUDGET ACCOUNT NUMBER 610-080-0251-8330' II Respectfully submitted) j +LdM Harre l ager pored byt Tillet ASSISTANT PURCHASING AGENT j i Appro ed= . 1 J. 14ARSHALL ~ [Ile PURCHASING ACENT 1 1 .k I N R 0, 7* CITY OF DENTON DIJE: 8-23-88 RE STN 1.02274 ` Restwnsible Rosoonsibit Vendor Code Ropuasted ar Ater 0 4?samixt 1 K Jerry Cris X rl:edSi at..re i Vendor Name Reauestor Phone no Fund ApnIY amraY Atti C I G AT a raI . L 566-8258 No. 9 Itn Job No. ^L TOTAL Line 1 61 080 0251 " No. --9130 Vendor Address N[r D[LNERr sCHECUL[ 4- 1 3202 MANOR WAY w'10 r14r 88A wo. Dar Ya. r SHIP TO: City of Dente PbLLAS. TX - r r I 1701-A Spencer Rd. Vendor Contact 1 1 'n'r Ippin[ Vendor Phone Commtntt • F.O. a. E S } SAA-6254 d Mmy Unit Commodity Code Vendor Catalog No Unit cost E UDGET AI I j Total Cott Osacrtytirn L I 1 LT 936-1 35, 700 $35,700 Install new }4th ata a on 85 turbine wheel I I I x 1 I LT 1000 1,000 Trans ort Lion to and from G.E. Sh3 c A 31,000A00 insurance OP rotor 3 cracks 4,400 I LT tt 000 1 I LT 10 10,400 10,400 LOW SPEED BALANCE ( m LT " $45,000 000 Further shop work as needed, bearing work, s 1 real repairs honing grinding, Crack r r I f WHITE •Pwehnln[ CeDY I *YELLOW T -Purchasing (will M returned ■len ►,p,) PAGE TOTAL 1* !WT AGREE WIT" aUDGET TOTAL , MAN erivr I 3 PINK •M[ubitleher's Copy E h i I i A4)) i CITY OF DENTON, TEXAS ELECTRIC PRODUCTION DIVISION 1701 SPENCER ROAD DENTON, TEXAS 76205 TELEPHONE (817) $66.8258 M E M 0 R A N D U H TO: John Marshall Purchasing Agent M FROMt Jerry Crisp Acting Superintendent, Electric Product 4on DATES August 23, 1988 SUBJEQTt Major overhaul of 05 turbine and generator. These Purchase Requests are for the major overhaul of 15 turbine and generator. The last overhaul of this unit was done in October 1982. Since that time this unit has cycled 491 times. A new 14th stage will be installed for unit efficiency. The old one was removed in 1982 because I of metal fatigue. These overhauls are recommended evory five years for the safe and efficient running of the units. i The cost of repairs is estimated as closely as possible, but can change depending on problems found when the unit is inspected) I 4j//Cry Crisp JCsflc 1 i i k I 3 I 1 1 IA till IF i i I i JLI I I I DATR: 10/04/88 CITY COUNCIL REPORT FORMAT TO., Mayor and Hembers of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJgCT: Consider adoption of an ordinance providing for the approval of an amended site plan for all of the 5.3 acres of land within the planned development district (FD-18) as established by Ordinance No. 74-31 and being located at the southeast corner of Cooper Creek Road and Mingo Road. (Z-1776) RgCOFQ46NDAT[ON: i The City Council held a public hearing on December 17, 1985, and approved an amendment to the Planned Development-18; however, an ordinance was not adopted officially changing the zoning. SU MARY The amendment to the planned development was proposed to allow for the construction of a loading dock and addition to the warehouse and boiler/still room. BACKGROUND: The 5.3 acres of property at the southeast corner of Cooper Creek Road and Mingo Road was zoned planned development-18 in 1974. PROGRAMS D%P.% MRNTS OR GROUPS AFFRCTRD: Property owner and Planning and Development Department staff. i } [ISCAL IMPACT: go Impact. i Respect ly su it Prepared by., Lloyd Harrell / City Manager Ci l a at~~ 7 Cecile Carson Urban Planner I I ~ Appr e 1 E rer 0 Robbi 6:cecuttvs Dire or for Planning and Development t 09269 } a r 2490L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED SITE PLAN FOR ALL OF THE 5.3 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT (PD-18) AS ESTABLISHED BY ORDINANCE NO. 74-31 AND BEING LOCATED AT THE SOUTHEAST CORNER OF COOPER CREEK ROAD AND MINGO ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIML14 AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 74-31, the City Council approved a planned development district and site plan for 5.3 acres of land located at the southeast corner of Cooper Creek Road and Mingo Road, as more particularly described therein (presently used as the Safety Kleen plant site); and WHEREAS, Safety Kleen has applied for approval of a revised site plan to provide for the addition to an existing warehouse; and WHEREAS, after a public hearing, the planning and Zoning Commission recommended approval of the revised site plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the amended site plan, attached hereto ae xi bit "A" and incorporated herein by reference, for all of the 5.3 acres of land within the planned development district (PD-18) as established by Ordinance No. 74-31, as described in Exhibit "B", attached hereto and incorporated by reference, so that hereafter the property shell be constructed, used, and maintained in accordance with the revised site plan herein approved. JJ SECTION II. That a copy of this ordinance shall be attached i to Or na-3f nce Ao`. 74.31, showing the amendment herein made. SECTION III. Any person who shall violate a provision of this oarinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective fourteen ays from the date of its passage, and the City Secretary is hereby directed to caure 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• i AfTEST: JENNIFER WALTERS, CITY sMIETM APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY O "n1 yyu~ E BY: k f l i ! x ! i N I l EXHIBIT "A" SAFETY-KLEEN SITE N' AA~~'ADpo , ,Ap,9 pyV Z~ 1 - M 100110 WAN[NOU ` ® / 5 11 11 1 111 0 wAte NOY f ADDITION III MIA ✓ / J ~ tufflM OC f91r I ~ 111'sY l1 \ t / lc~ 11'11 • l ~ y t11fT tArY 1.1111 1 I00r0f 1I0c Y0 Y. L~~~~~~ Ap01 OO Y1 1,0101N0 00021 OYIIINA NO J _ n q. IV f° ~ V0 tl4Y. COYC. Mt° app1YN 00'i10' a All W1 6 move I, I' l (s 61 1°' YI"~-- ut1Ye cult pope +l ►R0100 EO AIINLIY 04.1,116 r+lg 0 ul 400, VON V IC Apr II''~~ ^ I~ IIV ~ r 1 •t,`/ v V F~~R IMF ~~lA 1 \ i 10' O r!t 0 i lI 40041 1 '.J ) 0 0 1 ~ : A, f ~ Ie,,Y; ~~il~a: lot a1/'® rlor eel tuYt ~°~fue ARU Illeh rARNYe pf 7 117 . l 69 ` t1l i~ •06I4.66 Y. 1 x~ 10 go' 0140, ff r y1TC'il• 11:,. MARY LEE ROAD E 5 I I' ~ Np Z-1776 a EXHIBIT "B" C. F. BALLARD & ASSOCIATES, INC. REGISTERED CIVIL ENGINEERS A SURVEYORS eta NORTH AUBTIN /NON{ 1817) 887.0806 DENTON. TEXAS 76301 May 28, 1974 FIELD NOTES TO 5.362 ACRES IN M. FORREST SURVEY ABSTRACT W.. OENTON COUNTY, TEXAS All that certain tract or parcel of land situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of a certain 114.01 acre tract deeded to Mary Patchell, recorded in Volume 304, Page 528, Deed records of said County, and being more partic•ilarly described as follows) BEGINNING at a fence corner at the Northwest corner of said 114.01 acre tract at the intersection of the east Boundary line of public road with the South right-of-way of the T d P Railroadl THENCE N. 69' 16' E, with a fence on said right-of-way 577.73 feet to a steel pint THENCE S. 1' 001 W. 507.22 feet to a steel pin on the North line of a 70 foot wide strip reserved for street purposes; THENCE West with the North line of said strip reserved for street purposes 315.39 feat to a steel pin; THENCE S. 14 00' W. across said strip 70.0 feet to a steel pin on the South line of said strip; THENCE West 223.0 feat with the South line of said strip to a steel pin at its intersection with the East right-of-way of Cooper Creak Roadl THENCE N. l' 00' E. with said Road 372.7 feet to the place of beginning, containing in all 5.362 acres of land, f i~ 2-1776 4 389 City of Denton City Council Minutes Meeting of Decembet 17, 1965 Page lout Consent Agenda: A. Bide and purchase orders: 1. Bid N 9542 - Pickups and vane 2. Bid N 0543 - Loader backhoe 3. Hid N 9545 - Refuse truck 4. Rid N 9546 - Boll-oft truck 5. Hid N 9540 - Distribution transtotmers h 6. Hid N 9S52 - Addition to Hayworth panel system 7. Bid N 9553 - Detrick/line body REMOVED BY 3TA!!: 6. Bid N 9354 - Sever flushing truck REMOVED BY 5TA!!: 9. Hid p 9556 - Radio maintenance 10. Bid N 9559 - Underground pulling unit 11. Hid N 9564 - Wooden transmission poles I2. Hid 0 9S65 - Enclosures and switchgear li. Purchase Otdec N 71109 to IBM in the amount of 130,034.00 14. ennual smatntenance 7of Utility to TRES Corporation tot Mater Records System in the amount of 116.600, {The Data Pcoceseinq Advisoty SOatd recommends approval.) B. Plats and Replatet 1, Wooded +Aeces pSubdivision+rVl tk 4. [(The Planning and toning Commission recommends approval.) 2. Approval of final ceplat of the Sun Valley Wition. Planning and ZoningCommission Cecommends approval.) 3. % Public Hearings Agenda item 3.1. was moved toswacd in the agenda order. lt~--- B7 The Council held a public hs+tlnq on the petition of ~ TI o■ D. -jostle, it. coques:inq an amendment to a planned development (PD-18) on a 5.3 acts tract located at the southeast Cotner of safety %len King* site . The property is toh the d4setioed Cooper as the Ctook Road and development will pecmlt the construction of an addition to an existing warehouse, the consetuetion of a loading dock, and an Addition to an existing boilstlstill room facility, t-1176 The Mayor opened the public heating. 4 Mt. Tom Jes tt, representing safety Rleen, spoke in favor stating that his client WAS trying to build a small office building and developmnt facility bondS tot this CiProject Ste itouhad I provedn inof their dustrial existing ap it N 390 City of Denton City Council Minutes Meeting of December 17, 19es Page Five subsequently been discovered that this toning vie a planned develop- ment and the proposed expansion had to be brought before the Planning and Zoning Commission. A problem existing with the time frame. Industrial development bond projects must be built within 6 months and 2 montri. of the time had already lapsed. There were no traffic or utility problems at the site. No one spoke in opposition. The Mayor closed the public hearing. Denies Spivey, Urban Planner, repotted that a reply forms had been mailed with 1 returned in favor and 0 in apposition. The Council had approved the industrial development bonds tot the project and the use was compatible with existing land uses. The Planning and Zoning Commission had voted 7 to 0 In favor of the petition with conditions. Stephens motion, Hopkins second to approve the petition. Motion I carried unanimously. tit The Council than returned to the regular agenda older. A. The Council held a public heating on the petition of George Hopkins, representing Tom Fouts, requesting a change In zoning from the single family (e1-16) to the planned development (PD) classification on 3.173 octal located east of Conway Street, west of Lillian Miller parkway, and south of 1-35. The property is more fully described as lots 6, 7, and B, block 1, of the J. M. Erwin Addition. tf the planned development is approved, the development of attics buildings will be permitted. Z-1772 The Mayor opened the public hearing. Me. George Hopkins, reptssenting Mr. Tom Fouts and Mr. Couble, spoke in favor and talented an ate$ map of the suttounding land uses. An Independent firm had boon hired to complete a traffic Impact study of the area. Mr. Sheldon Johnson, Batton, Aschman and Associates, spoke in favor stating that his firm had prepared a traffic impact study. The results had shown that the expected traffic generated by this development would be 76 vehicles in the morning and 60 vehicles in the evening which vas very minimal for this genetal else. His firm had looked at the traffic on Lillian Miller parkway at the t-35 Interchange. One could expect approximately 22.000 vehic.se pee day at this particular interchange with a decrease in vehicles further south. His tits felt the traffic team this development could be accommodated At an acceptable level of service. The office development would generate lose than 35 of the total traffic it the entice area was developed. The staff cepott stated that the area was already over the acceptable traffic densityl bowever, his ties felt this was based on the modetate traffic Ares designation. The Skaggs business in the area generated note ttaftis than would the proposed office development, This area had developed into a high intensity aces and was a regional retail area, which was appropriate. Mr. Geotge Hopkins stated that the Provident Bank located on 6 Acres on Lillian Millet Drive and 1-31 was the first Commercial toning use in the area. Theta WAS 16 acres awned by Dunning Development which was caned as general retail, to 1902, Me. Touts and Me. Coubla had requested general tetaii toning for their ptopetty oh the vest side of Lillian Millet, Staff had tecommended to taqueet office zoning And to resubmit the petition, The ptopetty was toned single family (ST-16) at that time. The pstitionets Wale led to believe that a planned development toe office use would receive favorable consideration at a later date. On this basis, Me. louts and Me. Couble had paid their portion foe the paving of Lillian Millet I t f f P Q Z Minutes November 20, 1985 Mr. Juren moved to recommend approval of 2-1771 subject to the following conditions: 1. The structures will be li.nlted to two stories with a maximum of 46,000 square feet. 2. No Ingress or egress shall be allowed on Conway Street. 5. A tree preservation plan must be completed showing all trees on the property and which trees will be removed. The tree preservation plan must be approved by the City of Denton staff before building permits will be Issued. 4. Landscaping plan must be approved byy "lty of Denton staff before building permits will be issued. Land- scaping must be provided along the full frontage on Lillian Miller Parkway in the 15-foot setback. 5. One detached sign will be permitted and the approximate location of the sign Is shown on the site plan. The detached sign shall be a ground monument sign with the address and name of the office only. One sign attached to each building is permitted. The signs must conform to the City of Denton Sign Ordinance. 6. The buildings rust have residential type architecture similar to the surrounding neighborhood. Seconded by Mr. Appleton. Tote was called: Aye • Appleton, Cole, Juren, Pearson Nay • Brock, Claiborne, Escue Mott on carried (4•3). B.71776. Petition of Tom D. Jester, Jr. requesting an amendment of a planned development (PD•18) on a S.l acre tract located at the southeast corner of Cooper Creek Road and Mingo Road. The property is further described as the Safety Kleen Plant site. The amendment to the planned development will permit the construction of an addition to an exlstin& warehouse, the construction of a loading dock, and an addition to on exicting boiler/still room facility. Four notices were mailed to property owners within 200 feet; no reply forms were received in favor or opposition. PET1T10NERi Tom Jester representing Safety K1een, stated Teat f ey"pplan ■n addition to the existing building to build an offlee building on the present site, He said that the City Council approved the bonds for this project and that they were ready to build. He said that someone sold that they couldn't build because it was a planned de- velopment. He said that they were on a very tight schedule because the bonds are for it Six month time period. Mr. Claiborne asked If this was a recycling center. Mr. Jester said yes that they would clean parts is would be used in an auto repair shop. Mr. Claiborne asked if there Is adequate water pressure. Me. Jester said that to his knowledge there is and that it meets all requirements. IN FAVORi None present. OPPOSED: None present. STAFF RfDORT: Ms. Spivey stated thot on June 4, 1974, the t~T y Coun~T approved o planned development (PD-18) for the development of the Sofety•Kleen site for development of the original plan. She said recently, the City Council approved the sale of Industrial revenue bonds for expon- a on of the current plant site. The developers propose to add on to the existing warehouse construct a loadin dock and add on to an existing boiler/still room, She sad the propperty to tle east is icned light industrial and do- set )ad In tht Economic Development Fact Book as suitable for industrial development. Property to the rest to the site of the Pillsbury/Green Giant distribution center. S4e Fold this site Is bounded on the north by the Texas and eaciftc Railroad and on the south by an area of future E i expansioni She added that the proposed add'" or seems be compatble with surrounding land uses, She said thatto when huildl❑g plans were submitted to bultdin they were tad flagged at that point because any addition to a planned development has to be aroved 8 inspection and Zoning Commission and City Council. Sh by Planning there are two areas that staff would like Planningdandat Zoning Commission's direction on; 1, This tract was already platted before the Subdivision Regulations were in effect and that Cooper Creek Road llkeotouattachhe standards. She said that staff would development. perimeter street paving to the pI:nned 2. She said that on the southern border there is a for access named Mary lee. She said that it is an access street for the p street stated that staff felt itshouldybeocuIedeaeac tohelly prevent traffic onto other tract, cionditionyandithatathesefconditionsdcanaberaddedwbth a direction of the Planning and Zoning Commission, Y the Mr. Claiborne asked If adjacent proper[ MarylLee Road tosthe City. M5 SPive y owners had the and t the outh 15 Also y said yes and ighatn reserved for future expansion, She saidsthatotierehis no n dedication of right-of-we D and Road at this time so it is felttby expansion o Mar Lre Cul-de-sac. Y staff that it sho e uldbe Mr. Appleton said that he felt perimeter street a cul-de-sac to Mary Lee Road Is very unfair to the peti- tloner, paving and 1971 and thatSthe reguistIon$ have changedyandstt Is not up to standard, Platted in REBUTTAL, Mr, Jester stated that the perimeter street hiPmro ements and a cul - da•sac to Mar L He said that he thought it would be very iy uwas nf news to owners because this would put a delay factor tnthem r and that they were working on a short time frame. He said he felt the Issue should be considered on the amendment and that they could come back at a later date for other two h Issues, t Mr. desltlwithrnowsand deal witheotheretwop issues should be i M, Ap su.s later, r [ t AfPleton asked If this proposal would create addl. I employees or traffic. Mr. Jester said no, chair declared public hearing closed, AECISIONI Mr. Claiborne moved to pp ~ubject to the condition thatc the edevelopment W111 Cr' onfo7rn to the approved planned development site n. Seca ed by Ms. Cole and unanimously carried (7-ppn , C. 2'1777• Petition of Reward Jelnt Venture requesting a [Tian e In Zoning from the sin le family (SF-7) district to the planned development (P~) Classification on a 2.1 sere tract located on the south side of U.S. Highway 380 East, approximately 2s0 feet west of Redwood Street, The pproparty Is further descrlbed as a tract In the J.D. roey, Abstract 627, If approved, the planned development illey per will the construction of a two story 34,800 square tufoot office building, re Thirteen notices were mailed to property owners within too feet) two reply forms were received In favor, forms were received In eleven reply received from persons Pot t on mill jng list, o o and 9s reply forms were i f` 1 r I ' I i I I i i DATE: 10/04/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Consider adoption of an ordinance providing for the approval of an amended site plan for 30.3 arses of land within a portion of the planned development district (PD-22) established by Ordinance No. 81-50, and being located on the south side of Ryan Road, approximately 21500 feet east of FM 2181. (2-1778) R&COMMRNDATION: The City Council held a public hearing on December 3, 1985, and approved an amendment to Planned Development-22; however, an ordinance was not adopted officially changing the :coning. ti SUMMARY The amendment was proposed in order to adjust the location of the nursing facility and parking lot. The relocation resulted in opening the visibility of the lake to the residential structures in the area. Only a portion of the planned development was proposed for amendment. BACKGROUND: The planned development was established in 1977 by the City Council. The planned development was amended by Ordinance No. 79-36 on May 1, 1979. Another amendment was processed In 1981. s PROGRAMS DKPARTMENT3 OR GROUPS AFFECTED: The property owner and Planning staff. PISCAL IAPACS f No Impact. Respect lly submitted: re Prepared by., -~~~Q Clt anager ~ Ceotle Carson Urban Planner i Appr r Frank H. Robbin Executive D1rec r for Planning and Develofinent 09250 1 2482L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED SITE PLAN FOR 30.3 ACRES OF LAND WITHIN A PORTION OF THE PLANl7ED DEVELOPMENT DISTRICT (PD-22) ESTABLISHED BY ORDINANCE NO. 81-50, AND BEING LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY 2,500 FEET EAST OF F.M. 2181, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMLH AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 81-50, the City Council approved a planned development district and site plan for 43.5 acres of land located on the south side of Ryan Road, approximately 2,500 feet east of F.M. 21810 as more particularly described therein (presently known as the Lake Firest Village Retirement Center); and WHEREAS, the owner has applied for approval of a revised site plan for 30.3 acres of the planned development district to provide for the relocation of an approved building addition and parking lot; and WHEREAS, after a public hearing, the Planning and Zoning Commission recommended approval of the amended site plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION I. That it a proves the amended site plan, attached hereto as-'~xRbit "A" and incorporated herein by reference, for the 30.3 acres of land within the planned development district 81- (PD-22) as established b ) Ordinance No. Y 50 as described in Exhibit "B", attached hereto and incorporated by reference, so that hereafter the property shall be constructed, used, and maintained in accordance with the site plan herein approved. SECTION II. That a copy of this ordinance shall be attached to Or nance No. 81-50, showing the amendment herein made. SECTION III. Any person who shall violate a provision of this or`-`fina`n`ce; 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 misdeceanor punishable by a fine not exceeding Two Thousand Dollars ($2 )00.00. 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 1 ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within tho limits above. SECTION IV. That this ordinance shall become effective fourteen ays from the date of its Secretary is hereby directed to cause c he ac a~ption 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. PASSEb AND APPROVED this the day of 1988. Rai Y~3`3`EP EN , ATTEST: i I I DEBRAVADAMI DRAYOVITCB~gCITY ATTORNEY ~ I BY: ~ ~ f i I EXHIBIT A , H x%65; V~• ~I1 00 1fr cY do ~ i lop \ 1 ~ 13A I i EXHIBIT "B" LEGAL. .LSCRIPtIOK- - ALL THAT CERTAIII lot, tract or parcel of land situated in the Nathaniel Britton SURMEV* ABSTRACT N0. S1 and the Thomas Labor SURVEY, ABSTRACT NO. 774, Denton Countye Texas, being part of a tract of land conveyed to Ross Forney by William J. Lamberth, Trustee ` as recorded in Volume 661, page S07, Deed Records, Denton County, Texas and being pl 6 f` of a tract of land conMRyed to Ross Forney by Henry L. Santerre and wife Bertis M11 Santerre as rocorded in Volume 661, Page 383, Deed Records, Denton County, Texas; COWENCINC•. at the North Northwest corner of said Lamberth to Forney tract same being the North line of the Thomas Labor SURVEY. ABSTRACT NO. 779; THENCE 5 00006100" We 75.25 feet to the POINT OF BEGINNING in the South line of Ryan Road; THENCE N b9°54112" E. 1014.59 fulet along the South line of Ryan Road to an iron rod for corner; THENCE S 00"58'25' E, 848.18 feet to an iron rod for corner; THENCE S 68°43'470 We 358.90 feet to an iron rod for corner; ' THEME S 28053630" We 388.07 feet to an iron rod for corner; THENCE S 60°42'06' We 164.91 feet to an iron rod for corner; THENCE S 28°08'51" We 368.14 feet to an iron rod for corner; 1NENCE S 54'OS'S1e We 237.89 feet to an iron rod for corner; THENCE N 00006100" E, 1660.95 feet to the POINT OF BEGINNING and containing 1322853 square feet or 30.369 acres of land. I Z-1778 I , r V 374 City of Denton city council minutes Meeting of December 3, 1965 Page four classification on a 22.7 acre tract located approximately 1,000 feet west of Mockingbird Lane and approximately 1,000 feet south of Audra Lane. The property is further described as a tract it the M.E.F. 6 P.P.R. Company Surveys, Abstracts 1473 and 1479. If approved, the planned development will permit the development of 100 single family detached lots with a minimum lot size of 7,000 square feet, Z-1775 The Mayor Pro Tem opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayer Pro T'em c'iosed the public hearing. Denise Spivey, Urban Planner, reported that this was a request for a change from the agricultural classification to a planned development with 7,000 square foot lots. There had been 8 reply forms mailed with 0 returned in favor and 1 in opposition, This was a low intensity area, a designation used for primarily residential and housing areas. The original request Edo been for 6,400 square feet lots. Intensity studies showed the proposal would slightly exceed the intensity by approximately It. The Planning and Zoning Commission had upgraded the proposed to 7,000 square feet lots. The petition had been approved by the PaZ by a vote of 5 to 0 with conditions attached. Stephens motion, Chew second to approve the petition. Motion carried unanimously. 8. The Council held a public hearing on the petition of Oltmea and Associates requesting an amendment of an existing planned development (PD-22) on a 30.3 acre tract located on the south side of Ryan Road approximately 2,500 feet east of FM 2181 (Teasley Lane). The property is further described as the site of the Lake Forest Village Retirement Center. If approved, the amendment will permit the relocation of an approved addition to the current f residential structure and the relocation of a parking lot. 2-1778 The Mayor Pro Tem opened the public hearing. Mr. Pod Moore, representing Oltman and Associates for Lake Forest, spoke in favor and asked the Council for favorable consideration. There was a concern regarding the time frame of construction. A plat must be filed with the city for approval and the property had never been platted. Mr. Moore asked if it would be possible to receive a foundation permit prior to the issuance of a building permit. Mayor Pro Tem Hopkins rrminded Mr. Moore that the public hearing was regaroing zoning only. i i Mr. Moore stated that the rood Samaritan Society had retained an architect but the design had been too expens',ve to implement. Oltman and Associates had redesigned the plans and the building site. This would require the relocation of the parking lot. They were, therefore, requesting this amendment to an existing planned development. No one spoke in opposition. f The Mayor Pro Tem closed the public hearing. Denise Spivey, Urban Planner, reported that 4 reply forms had been mailed with 0 returned. The Planning and Zoning commission and council had approved an amendment to the original planned developmentt however, due to cost overruns, these changes were no longer viable. The Planning and Zoning Commission recommended approval of this amendment by a vote of 7 to 0 as it did not affect the intensity. f 375 city of Denton council minutes 0fDecember 3, 1985 Page Five Council Member Stephens asked to respond to the request for a foundation permit which Mr. Moore had Spivey replied that the Building Inspector was prohibited from issuing permits until plats had been approved. Stephens motion, Chew second to approve the petition, motion carried unanimously. C. The Council held a public hearing on the request of the City of Denton for annexation of 136.588 acres beginning and south approximately of 500 theMlGeorge 377 Daugherty Survey, Abstract 351 A-11. The Mayor Pro Tem opened the public hearing. No one spoke in favor. No one spoke in opposition. She Mayor Pro, Tem closed the public hr' ing. Stephens motion, chew second to appco,x the request. Motion carried unanimously. Mayor Stewart joined the meeting. I~ D. The Council held a public hearing on the request of the City of Denton for annexation of approximately 93.67 acres Road ula A-13 the center line of and eat of Geesling perpendicular U be nnin U.S. Kighway 0 380 feet south of and Tha Mayor opened the public hcaring. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. 4 Chew motion, Aiddlesperger second to approve the request. Motion carried unanimously. E. The Council held a public hearing on the request of R. o. McDonnell for annexation of approximately 34.68 acres situated h in the M. Forest Survey, Abstract 417, and beginning approximately ; 250 feet south of and perpendicular to the center line of FM 426, approximately 2,000 feet east of Mayhill Road A-14. The Mayor opened the public bearing. No one spoke in favor. No one spoke in opposition. i The Mayor closed the public hearing. it Hopkins motion, Chew second to approve the request. Motion carried unanimously. i, F. The Council held a public hearing on there35es of the City of Denton for annexation of approximately 4 an beginning situated in the S. Huizar Survey, Abstract 51, ofp U.S. Highway0380feet west of Ma ch Bran hi Road t A-15e center line andnorth The Mayor opened the public hearing. h 1 P 6 Z Minutes November 20, 1985 D,r1778. Petition of Oltman and Associates requesting an amendment of an existing planned development (PO-22) on a 30,3 acre tract located on the south side of Ryan Road approximately 2,500 feet east of FM 2181 (Teasley Lane). The property is futther described as the site of the Lake Forrest Village Retirement Center. If approved, the amendment will permit the relocation of an approved addi- tion to the current residential structure and the reloca- tion of a parking lot. Four notices were mailed to property owners within 200 feet; no reply forms were received in favor or opposition, PETITIONER: Rod Moore, representative of Good Samarltan, state that the Commission approved a site plan earlier prepared by another architect. He said that when the bids Caine in for the building they were too high and that Good Samaritan couldn't afford to build. he said that Oltman and Associates redesigned the site plan because it was not functional as a nursing facility. He said the only changes were the configuration of the building a little bit and the relocation of a parking lot. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Spivey said that staff recommends approval of Z-1778 as the site plan amendment does not affect the intensity standard for the area and will provide residents with a more pleasing view of the site. REBUTTAL: None offered. Chair declared public hearing closed. DECISION: Ms. Cole moved t0 recommend approval of Z-1778, seconded by Mr. Appleton, and unanimously carried (7-0). E. PRELIMINARY AND FINAL REPLATS OF THE OWSLEY PARK ADDITION, ats , en oc STAFF REPORT: Ms. Spivey stated this is 0.5 acres located it-the lout east corner of Louise and Bonnie Brae; prop- erty is toned general retail (GR), and multi-family devel- opment is anticipated. She said that the replat meets all subdivision regulation requirements. She said that the purpose of the replat is to eliminate Interior lot lines and create one large lot. She added that the Development Review Committee recommends approval of .he preliminary and final teplats, i PETITIONER: Pablo Rubio, representing Windsor Park Development, stated that he was available for questions. IN FAVOR: None present. OPPOSED: None present. Chair declared public hearing closed. DECISION: Mr. Escue moved to recommend approval of the re n nary and fin1al reptats of the Owsley Park Addition, lots 1, 2, and S, 80ck A. Seconded by Ms. Brock and unanimously carried (7-0). F. ORDINANCE AMENDING ARTICLE 3.01(A) OF CHAPTER I OF ARTICLE OF APPENDIX A OF-THE LOVE Ve o r e t y o Denton, eras re at ng to requirements to be met before beginning construction in new developments; providing for a penalty in the maximum amount of $200.00 for violations thereof; and providing for an effective date. 1 t i 1 1 t I I t ~ LATE: lala41a8 Clly CUUNCIL REPORT FORMAT 10: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: The conveyance to Billy Ray Redmon of approximately 503 square feet of land owned by the City of Denton in exchange for the conveyance to the City of Denton of approximately 1403 square feet of land owned by Billy Ray Redmon (D-45) RECOMMENDATION: The Planning and Zoning commission recommended approval at its meeting of April 27, 1988 by a vote of 7-0. 4 BAC. OUND: During evaluation of the preliminary plat for Redmon Addition, staff determined that Mr. Redmon's property would not meet the lot area standards in the Zoning Ordinance for SF-7 districts. Because the Subdivision Regulations require him to dedicate right-of-way for Lakey Street, Mr. Redmon has requested disposition of the City's excess right-of-way on Wilson Street adjacent to his property. The chat cannot allows the City Manager to negotiate disposition of property be separately developed. PROGRAMS DEPARTMENT'S OR GROUPS AFFECTED: 1 N/A I FISCAL IMPACT: NIA Reepe lly sybmi t i t Lioy . Harrell City Manager 4iPrered by: eth Evans ng Administrator fr gedb ins Executive Director for Planning and Development , I i F 2356L NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE TO BILLY RAY REDMON OF APPROXIMATELY 503 SQUARE FEET OF LAND OWNED BY THE CITY OF DENTON IN EXCHANGE FOR THE CONVEYANCE TO THE CITY OF DENTON OF APPROXI- MATELY 1403 SQUARE FEET OF LAND OWNED BY BILLY KAY REDMON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton and Billy Ray Redmon have agreed to exchange parcels of land respectively owned by each; and and size ~thathitlacannotebebused indepe dentlynunder of the hCishape ty's current zoning and subdivision ordinances; and WHEREAS, the fair market value of the land to be conveyed by the city is equal to or less than the fair market value of the land to be received by the City, as shown by an appraisal obtained by the City; and WHEREAS, such exchange is in compliance with the provisions of Section 272.001 of the Local Government Code and Article V of Chapter 2 of the Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That upon execution by Billy Ray Redmon of the attac a ee conveying to the City of Denton the tract of land owned by Billy Ray Redmon, containing approximately 1403 square feet of land, as more particularly described therein, the Mayor is auth- orized to execute the attached deed conveying to Billy Ray Redmon the tract of land owned by the City of Denton, containing approxi- mately 503 square feet, as more particularly described therein. ~ s SECTION II. That ordinance shall become effective immediately i upon ts passage and approval. ` PASSED AND APPROVED this the day of 1988. F RAY R ATTEST: I J ~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: f ua-nUILCullm Man Ira._:i.l Tr. Z~ =1 l"==""~.__. ~:al SG.. _.2T I_-a Lr - _ :TAN e4N : rae. l7~he Mute OUT exus, .,~...,Y_..,- _ r.-4,,.~. Qotmlg of DENTON l►1mm All Men by That Ortunta, { That The City of Denton, a Municipal Corporation 1 I f of the County of Denton and State of Texas i for and in consideration of the sum of a and other good and valuable consideration $10,00)--_--_-_-___ DOLLARS to it in hand paid by Dilly Ray Redmon of the County of Denton and State of 'i axes the receipt of which f 1 ie hereby acknowledged, do es , by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAI3i unto the said Billy Ray Redmon e his heirs and assigns, all its right title and interest in and to that certain tact or parcel of land lytng in the County of Denton , State of Texas, described as follows, to-wilt All that certain tract or parcel of land situated in the S. C. Hirams Sur vey, /,bstract 616, Denton County, Texas, being a pert of a certain traieN deeded by Robert J. Franklin 6 Nettie J. Franklin to the City of Denton ons, the 3:d day of April 1969 recorded in Volume 584, Page 647, Deed Records i~ of said County and being more fully described as follows: l BEGINNING at the northwest corner of said City of Denton tract; THENCE south 89 degrees 24 minutes 21 seconds east along the north boundary' line of said City of. Denton tract a distance of 97,21 feet a point; ~ i y THENCE south a distance of 5.95 feet to an iron pin, said iron pin beingi 1 25 feet from and perpendicular to the centerline rf the existing pavement of Wilson Street; THENCE north 88 degrees 29 minutes 55 seconds west 25 feet i_om and,f parallel with the centerline of the existing pavement of Wilson Street all distance of 97.35 feet to an iron pin in the west boundary line of said City of Denton tract; tI THENCE north 01 degrees 24 minutes 32 seconds east along the west boundary,' I P line of said City of Denton tract a distance of 4.41 feet to the point of beginning and containing 503,889 square feet or 0.0116 acres of land. f ;f I M ~ s TO HAVE AND TO HOLD the said premises, together with all and rngular the rights, privileges I and appurtenances thereto in any manner belonging unto the said City of Denton, Texas .i a Municipal Corporation, its successors and assigns Ad►axtattxtaptw forever, so that neither the saiA City of !I Denton, Texas, a 4unicipal Corporation, its successors and assigns j nor AlilVxjtV any person or persons claiming under it hereafter, have, Jahn, or demand any right or title to the aforesaid premises or appurltena ces nor any part thereof. ; II WITNESS our hand at Denton, Texas this day of A. D. 19 88 Witness at request of Grantor: JHE CITY OF IISNTON, TEXAS f , Y ATTEST: BY: RAY"STEPHEN9, MA1'OR"""' ' JENNIFER 1fALTER3;° CITY SECRtTRRY I Alb. N'AA RANTY nRLD-N'aa C." wd Ccq Admo.'sd,mmn WAR TLN al„~u.., Cr, D.IIu THE STATE OF TEXAS, COCNTY OF... qT!....... Know All Men By These Presents: Tbat Billy Ray Redmon of the County of Denton , State of Texas for and in consideration of r The sum of -------------Ten & No l00 I ($10.00) DOLLARS, and other good and valuable consideration to him in hand paid by the City of Denton, Texas 'i I~ L ,I r I Ir i Eavro Granted, Sold Rod Covveytd, and by these present, do Grant, Sell Rod Convey uvw t•_-. eMl 8111 y Ray ~I 4l Redmon f N of the County of Denton , State of Texas an that cenaln !i rtract or parcel of land situated in the S. C. Hirams Survey, Abstract 616, Denton County, Texas, being a part of a certain tract deeded by Joseph E. O Matthews and wife, and Roy Redmon to Florida Mosley on the 6th day of Aprl1' ~C1936 and recorded in Volume 421, Page 487, Deed Records of said county and part of a certain tract deeded by George C. Rickrich individually and as 14 independent executor for the estate of Pearl C. Hansel, deceased to Billy Ray Redmon on the 29th day of August, 1984 and recorded in Volume 1476, Pega 9119 Real Property Records of said County and being more fully des- crSbed as follows: BEGINNING in the north boundary line of said Mosley tract being 5 feet west of the original called northeast corner of said Mosley tract and at tha northwest corner of a called S foot wide right-of-way tract deeded to the City of Denton, recorded in Volume 555 at Page 358 of the Deed Records of Denton County; THENCE south Ol degrees 29 minutes 32 seconds west along the west boundary line of said City of Denton right-of-way tract a distance of 145.00 feet a point at the northeast corner of a 5 foot wide right-of-way tract deeded i~ to the City of Denton and recorded in Volume 584 at Page 647, Deed Records; pi THENCE north 89 degrees 24 minutes 21 seconds weat along the north boundary line of said City of Denton tract in Volume 5840 Page 647, a distance of 779 feet to a point which is 30 feet from and perpendicular to the center- line of the existing pavement of Lekey Street; 1 i THENCE north 30 feet from and parallel with the centerline of the existing pavement of Lakey Street a distance of 144.99 feet to an iron pin in the north boundary line of said Mosley tract; THENCE south 89 degrees 24 minutes 21 seconds east along the north boun- dar line of said beginning and containing y14tract a 03.592 square nfeet forl0 0322e acre of land 'r i } 1 TO HAVE AND TO HOLD the abose desm1ed premises, together with an and singular, the dgbts and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal i Corporation, its successors and assigns t Sotttsastl>wdsss fomet; and I do hereby bind myself , my j t i 3 - ~ hdn, esecuto1 sod admidsteaton, to P'amot and Fmnir Deland all rod singular the said premises vale the ~ said City of Denton, Ter.as, a Municipal Corporation, its successors } l 1 and assigns rtusraxamdusfeta against n'ery person whomsoever lawfully claiming, or to eai the same, or any pan r thereof. i } l Whom my hand at ibis day of • i joAy A,U.19 88 i 11 ttnessn at Request of Grantor: BILLY RAY REDRON 'I I I I I J i ACC.'iOWISDGIA6\T THE STATE OF TEXAS, E BEFORE JIE, the uod<ny not r¢thonty, cou%rY Or,...,...,DENTQN....,...... in and fax sand County One no 'hill day Penuwlly tpyearrd ~I . ..rbor tome. - Iubwnbtd to do foregoing in,immenland adnowtrddd to me iba Iewsa to oar to be the pmom t , be...,...tandtd the ume Ina the Puryas and eottudemeloo a "it ttyg re: d 88.... MEN UNDER MY L \ OF OFFICE, TDu.... do If A. D 10 NOTARY PUBLIC STATE OF TEXAS Notary Fublk......S.kdtE'.....Pt....TANRA ............._.1H61F~ t (1. x Nh Comm, Ea P. 6-1G9E Sly Cumml tapirw June.._.._ 19....._.. 1 ACSNOFEEDGSIL1i I'll THE STATE OF TEXAS 4 BEFORE SfI, the undenyned wtharity, le and for and County. Treat, an this day P'Whil apprated..__. Ili . known to me to be the pmon, ..erbaae hams.. subxnbed to the fart oing Instrument, and acI wwlydaed to me that __.-bt- -.earennd the amo for the Purpose and totuideratina Omen eapnsed. GLYEY UNDER MY KANO AND SEAL OF OFFICE, "-his.... _.,,..__._.,....Qq oL.._..,__._.............. 'A. D. IS............. i Naury Fublit County, Teaa Sly Com n"ner Expires Junt-,..__.._......_............~..........,.., 11........ CORPORATION AMNOWLEDGWiT THE STATE OF TEXAS, HEFO0.E HE, the uadenigned Author( 7, COUNTY OF__._.__...._....._.......__..._........ u and for mid County Teas oa whip day penoruB,e appeared. ` the Porters cat show ram I, wbacnbed or she foregoing instrument and adnow'edaed to me that do Aetna Won dw act at the said.. and ask i a tarparatmn sad dKI he euculad the ume u de act of ouch orpontfao lot the purpma and consideration therein raprtwd. and in tb apechy therein ruled. GREY UNDER 34Y NA-ND AND SEAL OF OFFICE, Tbk..... .day of,_ _..,A. D 19 . ft7.1 ..............._...__._._..,...,,..,..._._......W.._...,, E i Notary'Public,........._.......,.._.._,..._,,......_._.._ County, Texan my Comojedon Itpirs Juce.._.__..~_... Is...,..... THE STATE OF TEXAS, COUNTY OL......... County Clerk of the Covoty Court of SAW CountY, do mby cuufy that the lorezotng Iealrumeot of IAllnE dried an the.,...... _....,,.,._.__._......day d..._..~~, A.D. r: with lu CrniJote of Au0crakatbn, war Aled fon armed to m, office i on the . day at AD In at....,... n clod. .........H., and ra duly recetd•d thla day of A.D. 19 at.........,,...,..__,AL [OIL _..._._.....'-Idt In the Records of And County in L'oL , uod.._.._...,....,_, on WITN 1.53 m, band and teal of the County Court of aid County at not adke in . t1w day a. d yru fart above Will en. Clint, County Court. ................___County, Te us 'LS~I BY Deputy. { III D - 4 NORTH rust r v D o RE r C~ ELOC7o~J eu J~C❑ , BE ~L 5 U a C C~c ALLGlt VI N f D& J C -``fL b 1L. , ALE vCvi DATE •ll io,I f i f' I I _ ~ I1 N ~ f A' O Q \ Mfg kIN ~ h Ohl ~ C n ~ f W/LSDN ST2EE7 Joe , T' I P a Z Minutes April 27, 1989 Page 6 Jonathan Cott, representing the petitioner, said that he was confused as to whether they should ask for an extension considering the last public hearing for a proposed amend- ment to the specific use permit section of the toning ordinance. Chairman asked how long the time limit was set for with the original spec4fic use permit. Ms. Evans said that there was no time limit set as long as they began construction within one year. Mr. Cott asked if they should go ahead with the request for extension. Mr. Morris said that petitioner would not have time to appeal to the Commission and council it the Council did not approve the amendment because his specific use permit will expire on May 20. He said that it the Or- dinance went into effect before the expiration date, the petitioner would not have to pursue the extension. Mr. Cott said that they were not sure of the final decision on horse racing and at this time it was out of their control. He said trait they were still deter- mined to go through with it though the newspapers said it could take up to five years to get regulation from the Texas Racing Commission. Mr. Cott said that they would like to get an extension with no time limit but at least five years. DECISIONS Kr. Glasscock moved to recommend approval of S-192 with no time limit. Seconded by Me. Colo. Mr. Holt said that he felt some time limit should be specified. Mr. Claiborne agreed. Ms. Cale withdrew her second, Mr. Glasscock withdrew his motion. r Mr. Glasscock moved to recommend approval with a five year time limit within which construction must begin. Seconded by Ms. Cole and unanimously carried (7-0). 8. ►INAL PLAT Of THE BEAMER ADDITION, Lot 1, Block A. STAPP REPORTS Me. Evans said that it is a .566 acre tract located north of Nest Hickory Street and west of Avenue G. i She said that the property is zoned Kulti-family-1, and no. additional development is anticipated at this time. She added that the land confotme to requirements and that City services are available, The Development Review Committee { recommended approval. PETITIONERS Bill Coleman, Coleman a Associates, said that M wou d answer any questions that the commission may have, bECISIONi Kr. Holt Moved to approve the final plat of the Reamer Addition, Lot 1, Block A. Seconded by Me. Kiker ttt~~~a^^^n---d unanimously carried (7-01. C.' Request for property disposition on Wilson Street. STAPP REPORTS Ms. Evans said that during the evaluation o the preliminary plat for the Redmon Addition, staff determined that Me. Redmon's property, would not meet the lot arse standards in the Zoning Ordinance for Sr-7 dis- tricts. Because the Subdivision Regulations nqwited him disposition of right-of-way the for City+'s yexcess Streets right-ol-way on q,iested dedicate Wilton Street adjacent to his property. I a,- - 1 P 6 2 Mi.futes April 27, 1988 Page 7 Ms, Evans said that this ordinance would allow the City Manager to negotiate disposition of property that cannot be separately developed. The Development Review Committee recommended the disposition of the property an Wilson Street in exchange for property on akey Street. DECISIONi Ms, Brack moved to recommend approval of the Trip-os Tan n and unanimously carrledStrttt. Seconded by LA r. D. U-16, Request for property disposition At Woodrow Lane. STAFF AEPORTt Mr. Clark sold that the City of Denton had excess property south of 7. Gerald Snider, Jr.'s property an Woodrow Lane. He said that am part ofpthe Woodrow Lane a;.±Ia fro ra aeMr~.iSnider.prThecCity'soproperty iso19erty 07.3 is feet and Mr. Snider's property is 190S.66 square feet. approval Committee of thend Ms. Evans said tilities t board Development recommended Review the Public U property exchange. DECISION,. Ms. Brock moveJ to recommend approval of the c spos clan of property At Woodrow Lane. Seconded by Ms. like[ and unanimously carried (7-U). IV. DIRECtJR'S_REPORT. Mr. Robbins discussed as a follows:, Commistlon wethe re agreed upcoming uponagendas The upcomlal agendas May 11 • Regular Meeting Public Hearing ani Consideration- LaodscapelTree Preservation Ordinance May 14 • Special Meeting CIP Recommendation May 2S - Regular Meeting Lakeview, Sunmount Public hearings June 01 Special Meeting Public Hearin, and Consideration - Denton Development Plan Juno 08 • Regular Hooting Mr, Robbins amid City Council has requested that a member of the Flannin And toning Commission be appointed to 0o blue Ribbon Cos@ ttae for Solid Waste. Mr. Claiborne nominated hr. Glasscock for the committee, Mr. Glasscock agreed to serve. All Commissioners concurred. Meeting adjourned to the Civil Defense Room at 6t1S p.m. Y. ADJUURk 70 A MOR!< SESSION 1N THk CIVIL DEFENSE ROOM TO DISCUSS Mr. Robbins love a recapp of what had happened at the Joint PUB/PEi and the April 20, 1911 meetiog of the Commission, Mr. Robbins sold that the executive soft has revived the projects and has mode a recommendation to tho Commission on the non-utility projects. I i LEK= Ell= Jml~ E i f ~ j , i I i ~ i Q CJTY of mrom, TtXA8 213 E. MCKINNEYI DENTON, TEXAS 762011 TELEPHONE wwwm MEMORANDUM i DATE: March 30, 1988 TO: Citizens Traffic Safety Support Cosmission FROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: Meeting April 4, 1988 ITEM 12 SPEED ZONE OF FM 426 (MCKINNEY RD): The State Department of Highways and Public Transportation has zoned FM 426 for speed be inning Street) to intersection Ciof US 77 ty Limits, northbound bzoning is uas follows: (a) Beginning at the intersection of US 77 northbound (Locust street) thence continuing in an easterly direction along FM 426 for a distance of 1.000 mile, approximately, a maximum speed of 30 miles per hour; (b) Thence continuing along FM 426 in an easterly direction for a distance of 0.200 miles, approximately, a maximum speed of 40 miles per hour; i (c) Thence continuing along FM 416 in an easterly direction for a distance of 1,620 miles, approximately, a maximum speed of 45 miles per hour; (d) Thence continuing along FM 426 in an easterly direction for a distance of 2,331 miles, { approximately, said point being at Denton east city limits, a maximum speed of SS miles per hour. i It 1 E CTSSC Memo page 2 The result of the studies suggests that the recommended speeds do not vary significantly from the speeds at which the normal and prudent driver will drive under the existing conditions. Staff recommends approval. ITEM 13 MULTI-WAY STOP AT AVENUE E AND CHg NUT STREET T North Texas State University has r ested the use of multi-way stop signs to contr traffic at the intersection of Avenue E and C stnut street. One of the reasons for the request that a residence hall (West Hall) is located ne that intersection and hundreds of students cr ss there daily. Another reason for the request they say, is that Chestnut street is one of the rimary routes taken by people leaving several park g lots within the general area. Staff has conduct d a warrant study for a multi-way stop at subject intersection. The results indicate that the inter ection meets warrants for a multi-way stop control based on the minimum traffic volume requirement ThIs requirement stipulates that a minimum o 500 vehicles (average) per hour should be recorded or total number of vehicles entering the interse tion for any 9 hours of an average day. The eight,' hours average for the intersection is 650 vehi' es per hour. F 's S fE recommends approval foT the a of multi-way top signs to control traffic at t intersection of ti Avenue E and Chestnut street. ITEM #4 GENERAL BUSINESS: as 1992-93 Capital Improv nt projects: A memorandum from r Clark, City Engineer, is attached listing r jects to be considered for capital fundin f the 1992-93 fiscal year. Comments and es ions will be addressed at the meeting. b. Status of on Projects: A mem and from Jerry is attached describing ale adyat omplof bond eted. Questions and psuggestions w 1 be addressed by staff. RECEIVEQ 11AR 2 5 } COMMISSION STATE DEPARTMENT OF HIGHWAYS ENOINEER DIRECTOR A t. srottER. Ja, ROBERT H. OEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION P. 0. box 3067 JOHN JR JR . Dallas, Texas 75221-3067 ' RAY STOKER. JR. . March 23, 1988 IN REPLY REFER TO Control 81-11 P.M. 426 Denton County Mr. Jerry Clark, P.E. City Engineer City of Denton 215 East McKinney Denton, Texas 76201 Subjects Speed Zoning in Denton Dear Mr. Clarki Attached for your information and further handling is a blue line print of the speed xoas study on P.M. 426 in the City of Denton. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a speed zone ordinance that might be used or serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Denton establishing the new speed limits. 4 ~ We appreciate the interest you have shown and the cooperation you have given. It we may be of further assistance, please feel free to contact Mr. John M. Miller, District Traffic Engineer, at the above address or by telephone at 214/320-6236. Sincerely, Arnold W. Oliver D sirs giaeer r I, Lero Wallen Distr Traffic Safety Engineer Attachments I MINUTES Citizens Traffic Safety Support Commission a April 4, 1988 PRESENT: Loug Chadwick, Bruce Chamberlain,. John Tompkins, Gilbert Bernstein, Virginia Gallign, Mike Amador, Gene Gchlke, Wayne Autrey and Vivian Edwards, Chairperson STAFF: Paul Iwuchukwu, Traffic Engineer Associa.e Joe Thompson, Airport Manager/Traffic Supervisor Captain Jim Dotson, Police Department Manual Coronado, Traffic Foreman ITEM I1 APPROVAL OF MARCH 7, 1988 MINUTES: The meet.in9' was called to order at 5:30 p.n, on Monday,.A'pril 41 1988 by Vivian Edwards. Virginia GallVn made a motion to approve the minutes as wr en. John Tompkins seconded the motion. Motion pd%sed unanimously. ITEM 12 SPEED ZONE OF FM 426 (MCKINNEY RD): Paul Iwuchukwu presented the request. He said the State Department of Highways and Public Transportation had zoned FM 426 for speed beginning at the intersection of US 77 northbound (Locust Street) to the East City Limits, The zoning is as follows: (a) Beginning at the intersection of US 77 northbound (Locust street) thence continuing in an easterly direction along FM 426 for a distance of 1.000 mile, approximately, a maximum speed of 30 miles per hour; (b) Thence continuing along FM 426 in an easterly direction for a distance of 0.200 miles, approximately, a maximum speed of 40 miles per hour; (c) Thence continuing along FM 426 in an easterly direction for a distance of 1.620 miles, approximately, a maximum speed of 45 miles per hour; (d) Thence continuing along FM 426 in an easterly direction for a distance of 2.331 miles, approximately, said point being at Denton east city limits, a maximum speed of 55 miles per hour. r~ CTSSC Aiinutes April 4, 1988 page 2 The result of the studies suggests that the recommended speeds do not vary significantly from the speedk at which the normal and prudent driver will drive under the existing conditions. Staff recommends approval. Virginia Gallian made a motion to accept staff recommendation. Mike Amador seconded the motion. Motion carried. ITEM 03 MULTI-hAY STOP AT AVENUE E AND CHESTNUT STREET IN ERSED ON: Paul Iwuchukwu presented the request. He said this three-way stop sign request was made by the Chief of Police at North Texas State University." They consider that a dangerous intersection. On/ of the reasons for the request is that a resid4nce hall (hest hall) is located near that inteFpiction and i hundreds of students cross there daily. Another reason for the request, they say, is that Chestnut street is one of the primary routes taken by people leaving sever,l parking lots within the general area. Staff has completed a traffic study of 4-way stop warrants for that intersection. Staff found that it meets warrants. The State requirement stipulates that a minimum of 500 vehicles (average) per hour should be recorded for total number`of vehicles entering the intersection for any 8 hours of an average day. the eight hours average for' the intersection is 650 vehicles per hour. j Staff recommends approval for the use of multi-way stop signs to control traffic at the intersection of Avenue E and Chestnut street. Virginia Gallfan~Asked if this was projected in the previous traffiq,4 study. Paul Iwuchukwu said it was not. Most of t11e traffic using Avenue C was diverted to Avenue E igacting the problem. Mikr Amado said 3-way stop signs had been used during con ruction and were effective. Captain im Dotson said the stop signs would help pedestr ans crossing and there should be no problem in enf rcing it. Pau Iwuchukwu said NTSU in their request asked for a tp porary stop sign to be removed at 1:00 p.m. but ,Xhat would be hard to enforce. I L"L ®~-,,vr Lp i t 1 qw~~t 1 J aoC° r a L---~~ P EY :7 PMSIEY a~^ ~ooD aw o lip] ~ Y t~ ma ow-7 C:3 0 04 ®p®~ ` ' °❑o61D C~ loll MC R,,,CY 5 EllD EXIsbing Speed Urnits ~a Q PI C DLc -.w' AIEOK Y6TE s Yn~ I' ~ ~ ® wiq ~110rt i D ~~1 r 1 a ~ABUT lD~ ~ a o d ~ A tir ~ fYAr'jr - ® Qo 5 j -MMA &M Wit Ike t y I I w 2443L NO. AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON PORTIONS OF F.M. ROAD 426, WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed herein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Upon the basis c an engineering and traffic inves-Mg-atTheretofore made as authorized by the provisions of Section 169(b) of Article 6101d, Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described in Section II. SECTION II. No motor vehicle shall be operated along and upon Road 426 within the corporate limits of the City of Denton in excess of the speeds set forth as follows: (a) Beginning at the intersection of U.S. Highway 77 northbound (Locust Street) ti.ance continuing in an easterly direction along F.M. Road 426 for a distance of 1.000 mile, a maximum speed of 30 MILES PER HOUR. , (b) Thence continuing along F.M. Road 426 in an easterly direction for a distance of 0.200 miles, approximately, a maximum speed of 40 MILES PER HOUR. (c) Thence continuing along F.M. Road 426 in an easterly direction for a distance of 1.620 miles, approximately, a maximum speed of 45 MILE PER HOUR. (d) Thence continuing along F.M. Road 426 in an easterly direction for a distance of 2.331 miles, approximately, said point being at Denton east city - limits, a maximum speed of 55 MILES PER HOUR. SECTION III. That the City Manager of the City of Denton, <as Fs e~i r- e y authorized to cause to be erected appropriate ns indicating such speed zones. SECTION IV. That at., oerson violating any of the provisions of t Frs_ ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars ($200.00). SECTION V. That this ordinance shall become effective fourteen days from the date of its passage, and Lhe 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 TNPE , YR i ATTEST: JMfEM , APPROVED AS TO LEGAL FORM: DEBRA ADAM) DRAYOVITCH, CITY ATTORNEY } CITY OF DENTON, TEXAS BY: PAGE TWO r V TTIT 44-"4 4 t I 7 1 I I 1 t I E i 1 k 1 I f ~ C r 4 11011, NO. AN ORDINANCE AUTHORIZING ENTRY INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF DENTON, THE CITY OF HIGHLAND VILLAGE AND THE COUNTY OF DENTON RELATING TO THE ESTABLISHMENT OF A PROGRAM TO FINANCE AND COORDINATE THE PLANNING FOR THE EXTENSION OF FM ` 2499; PROVIDING FOR THE EXPENDITURE OF FUNDS PURSUANT TO SAID `r CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an agreement etween the City of Denton and the City of Highland Village and the County of Denton relating to the establishment of a program to finance and coordinate the planning for the extension of FM 2499, under the terms and conditions contained in agreement, a copy of which is attached hereto and made a part hereof. SECTION II, That the City Council hereby authorizes the expenditure o unds in the manner and amount as specified in the agreement. i SECTION III. That this ordinance shall become effective immediately upon` its passage and approval. PASSED AND APPROVED this the day of , 1988. I i i j MY-STEPHENS* MAYOR ATTEST: i JENNIFER WIXTER90 CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. , i I STATE OF TEXAS S INTERLOCAL COOPERATION COUNTY OF DENTON S AGREEMENT This INTERLOCAL COOPERATION AGREEMENT (together with any amendments and supplements hereto, the "Agreement"), dated as of August 1, 1988, executed by and among the COUNTY OF DENTON, TEXAS ("County"), the CITY OF DENTON ("Denton"), the CITY OF HIGHLAND VILLAGE ("Highland Village") and any other political subdivision of the State of Texas that becomes a part; hereto in accordance with the terms hereof; WITNESSETH WHEREAS, County, Denton, and Highland Village are authorized by the Interlocal Cooperation Act (the "Interlocal Act"), Article 4413 (32o), Vernon's Texas Civil Statutes, as amended, to enter into cooperative agreements among themselves, and with and among other political subdivisions, for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives and programs; and WHEREAS, County, Denton, and Highland Village have determined that economy and efficiency can be achiaved through the establishment and administration of a cooperative program (the "Program") to finance and coordinate the planning and implementation in cooperation with the Texas Department of Highways and Public Transportation for the extension of FM2499, which each is authorized by law to do; and WHEREAS, County, Denton, and Highland Village have additionally determined that other political subdivisions that are qualified to do so under the Interlocal Act should be permitted to join with them as parties to this Agreement in order to enhance and fulfill the purposes of the Interlocal Act and their own respective public purposes by participating in the Program (County, Dento;., Highland Village and such other additional parties hereto being herein collectively referred to as the "Participating Political Subdivisions"); and WHEREAS, County, Denton, and Hi hland Village agree, and each additional political subdivision that becomes a Participating Political Subdivision by its acceptance hereof assents, to the creation and designation of the 2499 Task Force ("Task Force") as the administrative agency and instrumentality of the County, and as the administrative agency of the Participating Political Subdivisions under the Interlocal Act in implementing the Program and performing the U =lions specified herein; NOW, THEREFORE, County, Denton, and Highland Village, and such additional political subdivisions as assent hereto, have agreed and hereby do agree as follows, to-witr Section 1. Creation and Pur oses of the Pro ram. (a) County, Denton, an H qh an V age hereby a cause the Program to be established for their benefit engred foortothe benefit of the other Participating Political Subdivisions. (b) The Program shall be implemented and administered in accordance with and subject to the terms of this Agreement, (c) The purposes of the Program are to obtain the benefits, efficiencies and cost savings that can accrue to the Participating Political Subdivisions by concurrent financing and cooperation, and (2) to take all necessary steps to have PM2499 extended North from FM407, Section 2, Creation Powers and Duties of Administrative A enc (a) It s agreed that the Part o pat nq Pol tical Subd v sions shall authorize the creation of the Task Force. Tathe other Participati 9 uPoliticaloSubdivisionsadesignatee the and sk Force as their administrative authority under the Interlocal Act to perform the following services and functions, to-wits Implementationtof the pProgramnd develop plans for the servicesias may be designate and n for engi eering stsidies, legal functions, andap any other services which nay be deemed necessary for implementation of the Program; (iii) to coordinate with the Texas Department of Highways and PuM c Transportation for Implementation of the Program; (iv) to raise funds necessary for planning and implementation of the Program from public or private sourced (v) to take steps to acquire necessary right of way and all governmental permits to implement the Program; (vi) to perform any functions and duties imposed by it under the terms of the contract, or other agreement to which it is a party. Section 3. Obli atlons of Partici atinl.__?olitica Subdivisions, (a) The payment or performance t governmental aoe~~ .2- functions, services and obligations of the Task Force shall be made from current revenues available to the paying Participating Political Subdivisions or from other funds raised by the Task Force. (h) Each Participating Political subdivision shall be responsible for 4unding of the Task Force in the following amountst County $500000 Denton $258000 Highland Village $25,000 (o) After authorization by its respective governing bodies, the County, Denton, and Highland Village will each appoint three members to a Board of Directors ("Board"), which will become the governing body of the Task Force. Section 4. Additional Parties,_ Withdrawals, (a) Any "local government," as defined in the Interlo,I 'Act, may 1 become a party to this A reement if approved by the Board and by the execution c! an Additional Party hgreement substantially in the form and substance attached hereto as Exhibit A. (b) Any Participating Political Subdivision may withdraw from this Agreement at any time by giving 30 days written notice to all Participating Political Subdivisions' and the Task Force. It is provided, however, that such withdrawal shall not reduce, diminish or impair any then outstanding obligations of the withdt1wing political subdivision. Section 5, public Meetings _and cord. All meetings of the Board of Directors of the Task Force a all bo open to the public and notice thereof shall be given in accordance with the requirements of Article 6252-17, Vernon's Texas Civil Statutes, as amended, and all records of the Task Force shall be open to public inspection in accordance with Article 6252-17a, Vernon's Texas Civil Statutes, as amended. Section 6. T~rmLL The term of this Agreement shall be one year from the--bate hereof and shall automatically be ranewed for one year on each anniversary of the commencement except with respect to any Partici ating Political Subdivisions that may have withdrawn herefrom n' accordance with Section 4 hereof. Other aov rnmental_ RgoqrRs, The execution of thoe Agireement 'may in Part a pat ng Political Subdivision does not in any manner limit, impair, diminish or affect its right or power to Participate in anYy other governmontal programs by interlocal agreement or othofwiso# offs, -3- Section '3, AcEsLance 8 Task Fo Ice. After the creation of the Task Force !n accordance herew t this Agreement shall he submitted to the Task Force for its approval, acceptance and agreement as hereinbelow provided, after the execution of which, this Agreement shall be in full force and effect, Denton nd E Hi9 1a d L Vi l lagei on candy asy ofn thebetween day a Co unty, first above written. Y year COUWOF N ~p f psi By ATTEST:ty ge 0 Coun y Cier o C ec of the r Commissioner's Court CITY OF DENTON, TEXAS By /e/ ATTEST: Mayor t C &%.y Secretary E { I i I CITY OF HIGHLAND VILLAGE, TEXAS I ~ i i By /s/ f ATTEST: Mayor City Secretary eee~, -4, f ~ i i I ACCEPTANCE BY TASK FORCE The 2499 Task Force hereby accepts the terms and provisiona of the above and foregoing Agreement and agrees to be bound thereby to the extent required therein, all on and as of this day of 1988. ` 2499 TASK FORCE (SEAL) By s Chair ATTEST: /s/ i Secretary i i i does* -S- 4 I 1 Sxhi~A Additional Part A reemen The below named political subdivision of the State of Texas, acting by and through the undersigned duly authorized Poof lifitciecr(als) Sub, by tdivihis sion Instrument agrees to become a Partioipating , but strictly subject to, the terms and provisions of that certain xnterlocal Cooperation Agreement, dated as of August 10 1988, and initially executed b and among the County of Denton, the City of Denton, and the City of Highland Village, Executed this _ day of 1980. D str of C ty County eto, BV Day Author ze of car i I I j i Setif -6- ADDENDUM IlITERLOCAL COOPERATIVE AGREEMENT J Tha following items are hereby added to the above agreement: 1) All milestone phases of roadway alignment development will be reviewed and approved by City of Denton, City of Highland Village, and Denton County prior to Task Force approval. 2) The Task Force shall prepare and submit a budget of projected expenditures to the City of Denton, City of Highland Village and Denton County for their approval prior to reimbursement of any project costs. 3) The above two requirements shall be included in the text of the agreement between the Task Force and the Consultant (s). 41 All contracts between the Task Force and Consultant (s) shall be approved by City of Denton, City of Highland Village and Denton County. I i i -7- I Y r. lift I NEW It pill] i i 1 ' I~ Ujmj= i F XjJ= jai i Liz= EJEJ= H+FR III oil I min UAIt: CITY COU"ICIt R ° RT F___ 0 September 20, 1988 R 7 TO: M,AYOR AND MEMBERS Of THE CITY COUNCIL j fR41f; LLOYD V, HARRELL, CITY MANAGER i SUBJECT: Contract with North Texas Umpires Association i a~cn►~taP,____~-19AT lON We recommend approval of the orainance and contract with the North Texas Umpires Association. UIMLY , This contract provides for officials for various adult sports leagues managed by the City Parks and Recreation Department. The contract is identical. to the one approved in the previous year. i 1' ~„anr,RAM$, DEPARTMENTS OR CROUPS AFFECTED: Parks aid Recreation Department, adult onorts leagues i I F ISCALI ELC_T All costs are covered by ftes charged for the program. RESPE ULLY SU F TIED: LLOY Vs HARRELL CITY MANAGER i PREPARED BY, ME Steve Brinkman TITLE Director of Parks and Recreation s ROVED, ! clean y T17LE Ex utive Director, Muni Serv/Econ Development - - T i N I 2428L NO. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DEN1'ON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES AND DECLARING AN EFFECTIVE DATE. 1 ' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton heresy 'approves an agreement between the City and the North Texas Umpires Asscciation, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective imme at3~ ely upon its passage and approval. PASSED AND APPROVED this the day of 1988. i i 1 ATTEST: i I j I JENNIFER E , ITY3'~CRETAR Y f F APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: fF ~ t i 2428L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON § NORTH TEXAS UMPIRES ASSOCIATION The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and the NorTexas Umpires Associatton, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor Lo perform the ere na ter designated services and Contractor agrees to perform the following services: A. Schedule officials to officiate softball games for City lea uea; Contractor agrees to limit officials to two (S2) per game unless agreed otherwise prior '.o game. l 2. COMPENSATION TO BE PAID CONTRACTOR: City a reel to pay Contractor or the services performed hereunder as follows: A. Amount of Payment for Services: Twenty Dollars ($20.00) per team scheduling fee. i Twelve :Dollars ($12,00) Fer official per game at E sloe pitch leagues. Fifteen Dollars ($15.00) per official per game at fast pitch leagues. f Six Dollars ($6.00) per scorekeeper per game. C. Dates of Payment: Within two (2) weeks after services are rendered for each game, during the term of the contract, which shall be from March 1, 1989 through November 30, 1989. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and a ree y an etween i-nty antractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City C NORTH TEXAS UMPIRES ASSOCIATION - PAGE ONE i I i I I shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to a pad by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall prc.-ide at his own cost and expense wo--Tm n 's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION: City reserves the right to cancel this I Agreement at any fame by giving Contractor thirty (30) days ' written notice of its intention to cancel this Agreement. This on Agreement lat day of MaOrc CONTRACT: 30th ay of coence an the 1989. 9. INDEMNIFICATION: Contractor hereby agrees to hold harmless and indemnify t He City from and against any and all loss, expenses and damages for injury to or death of persons and injury to or destruction of pproperty arising as a result of any act or omission of Contractor in the course of performing the services provided I f for in this agreement. EXECUTED the this day of , 1988. CITY OF DENTON, TEXAS I { i i ` BY: RAY F E , MAYW~ I I ATTEST: i i JENNIFER T , RET i NORTH TEXAS UMPIRES ASSOCIATION - PAGE TWO I~ f 1 1 i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY tLL_ N BY: i i i NORTH TEXAS UMPIRES ASSOCIATION BY: _ JE URICH, ASSIGNING SECRETARY f That Paul Leslie is hereby designated as the person to administer the provision of this agreement. I j DWTE RAY TSTEPHENS-t-MAYOR I 1 j j I I I i c NORTH TEXAS UMPIRES ASSOCIATION - PACE THREE ¢ E I I Ii 1 i 1 I I F N I 14- LA IJ:E3:3= 114 i i i i 1 i I i ~ I i i DATE: CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd Harrells City Marager SUBUCT: Tariff Audit of Telephone services I RECO~i4N: and soiates for we recoend t be rd considerationtofs50%nofarefundswpaiddtootheuCitynofdDent nsbyctelephone the companies. $._UMMAfiY City final with three a coplete consulting analysis ofnitsered. the the This This is contract the c first step lowest in e providing of telephone needs and equipment. II ~ ~ACKGRDUND: Contract with Doug Arnold and Associates Memo from Gary A. Collins ' t ?ROCRAMS DEPARTMENTS OA GROUP9TSD: All departments within the organization jISCAL IMPACTS Rasp 1 d: Lloyd Harrell Prepared by: City manager i y o ins DDrec or of Data Processing r Approved: j D C1Ty of DENTON, TEXAS 205 E. MCKINNEY/ DENTON, TEXAS 76200 / TELEPHONE (817) 56MVO M E M O R A N D U M DATEt August 1, 1988 TOr Dotty McKean, Executive Director of Municipal Services and Economic Development MOW Gary A. Collins SUeJECTs Telephone Study In the past I have conveyed to you the limitations associated with our current phone system. At this time I am recommending that we utilise the services of a consulting firm to conduct this study. I am also recommending that this study be performed in four phases. These four phases would consist of the followings 1. Tariff Audit of our current billing and installed equipment 2. A needs analysis to determine the equipment and features we would require to meet the City's future E needs. 3. A system design and RFP preparation, letting and awarding { 4. Coordination of system implementation and training of the City~a staff a This approach would provide the City with logical points to continue on or delay implementation based upon the financial impact of the next phase. Additionally, this approach would permit us to evaluate the effectiveness of the eelected consultant. In reviewing the proposals from the various consulting firms I had narrowed the choice to three firms all of which have t performed consulting services for local municipalities in the metroplax and have had experience in dealing with CTE during the audit phase. I have checked with these municipalities and have received very high reviews on all of the three firms. Attached for your review is a cost analysis for each of the vendors showing the various costs associated with each phase as well as the total consulting coat associated with the entire project from tariff audit to installation of the equipment and training. My recommendation is that the City enter into a Tariff Audit agreement with the consulting firm of Doug Arnold and Associates. I would further recommend that we plan on using this firm throughout the entire project so that any work accomplished in the early phases is not repeated in the later phases. The Arnoldy abas ndisAssociatescoIIsentheiolowesthoverall cost quoted to the City especially in the early phases. Their approach would alloy us to recover the most money early on in the project, and. with very little or no out of pocket costs, prepare a cost benefit analysis for the City Council before proceeding to the RFP and installation phases. An additional factor in recommending this firm is their work in the City of Garland which, due to their Electric Utility, has more similarities to Denton than the other cities. This firm also had the most extensive recent experience in dealing with GTr of all th.e firms reviewed. Based upon the attached list of refunds recovered by other cities It is anticipated that either all ok a majority of the fee based phases can be financed with the refund that the City of Denton will recover from GTE after the tariff audit is complete. It should be noted that the funds due to the City of Denton will have to be negotiated with GTE and the actual payment may take 6 months or more to finalise. Attached you will l'ind a proposed schedule showing the amount of the time needed for each phase as estimated by Doug Arnold and Associates. These time frames are dependent upon the cooperation, accessibility and promptness of the various departments during the needs analysis phase and the implementation and training phase. For this reason I have also attached a suggested task fare* that would facilitate this process and act as liaisons with the staff of Doug Arnold and Associates. Additionally, I have forwarded a copy of Doug Arnold and Associates formal audit agreement and a formal proposal on the other phases of this project for your review. If I can be of further service or you have any questions, please don't hesitate to call me. Gar A. Coll na Director of Data Processing phonereo ~ R r " ~ w e O N ~a s o e ~ ~ r y~ Ir. I~ ~7 r N M bf~O pOD O ~b A ' Kph O {pA ep~ ~p L W M M Q 9r O !r R„ p 0.b * w a M PC IA ft ft rt r, nd E Gm n g S r u n W 0 0 b O ~ r M • a i o a ~C s i j1 1 N N Ln to I n Op R » O a O I0 i qpM G OR r a O (r.+ O O O Y m as 0 v 1 W W O LM LA N ~ O O M cm O trb O & o b6 A d m m o° G~ ~ • 1 1.4 A ~ b I r ° c o ~ m a ~ 0 o rt r E o° ~ r r i A. IJ N N p M b O /d p p I O • • ♦ O O ffpl H f LA 40 LM CA y°j Iyp0 ~I N (/1 N co ¢ M F~ C g O i 1 II r I 1 h TELEPHONE SYSTEM STUDY TASK FORCE Suggested Members Department 1 l Gary A. Collins Data Processing If Gary Matheison Police Ray Wells Utility Julia Moore Public Works s Bruce Hennington Parka and Recreation Harlan Jafterson Finance c f e phontask ~ +T f I I 1 { v a 3 I i E REFUNDS RECOVERED CITY AMOUNT Garland $40,000 Irving $30,000 Lewisville ;7,500 'r ~ i s 1 I r i S i t 1 2497L NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOUG ARNOLD & ASSOCIATES, INC. FOR CONSULTING SERVICES AND THE PERFORMANCE OF AN AUDIT OF THE CITY'S TELECOMMUNICATIONS SERVICES; AUTHORIZING THE EXPENDITURF OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL. OF THE CITY OF DENTON HEREBY ORDAINS: SECTIO. I. That the Mayor is authorized to execute an agreement between the City of Denton and Doug Arnold & Associates, Inc. for professional consulting services relating to t a telecommunications audit under the terms and conditions contained in agreement, a copy of which is attached hereto and k made a part hereof, SECTION II. That the City Council hereby authorizes the a expenditure o funds in the manner and amount as specified in the agreement. SECTION III, That this ordinance shall become effective immediately upon ita passage and approval. PASSED AND APPROVED this the day of , 1988. 1 FAY 3 MAYOR I i r ATTEST: j JENNIFER WATERSj CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ' BY: I i 1 2506L THE STATE OF TEXAS g AGREEMENT BETWEEN THE CITY OF DENTON AND DOUG ARNOLD & ASSOCIATES, INC. COUNTY OF DENTON g The City of Denton, Texas, s Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Doug Arnold & Associates, Inc., hereinafter called Consultant, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter esignated services and Consultant agrees to perform the following services: A. To perform an audit of telecommunications services being received by Citv from all serving telecom- munications companies, 4.ncluding GTE and MCI, the audit to consist of: 1. A complete service, equipment and billing review of the above referenced telecommunications services; 2. A determination of quantities of rate elements, tariff applicability, rate application, usages and billing accuracy; and 3. A written report to be submitted to City outlining the audit findings. B. All discrepencies found from the audit shall be presented to and discussed with city and consultant shall obtain city's written approval prior to undertaking any negotiations with the serving telecommunications companies for billing corrections, reductions or presentment of any claims for refunds. i C. Consultant shall exercise the same degree of care, skill and diligence in the performance of the services provided hereunder as is normally provided by a certified public accountant under similar circumstances. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Consultant or the services per ormi hereunder as follows: Fifty percent (50%) of all refc,nd checks, and/or bill credits received from the se':ving telecommunications i M i` companies as a result of sadauditonly included the city. These compensation payments rebates from overbillings prior and up to the completion date of the audit and do not include any future savings based on the correction of these discrepancies. City shall pa) Consultant within 30 days of receipt of such refunds or credits. In the event there are no refunds or bill credits as a service compensation shall be due result for thdit, then no Consultant City agrees to assist Consultant in its pursuit of an; refund claim(s) which City's attorneys believe to have a valid legal basis. 3. SUPERVISION AND CONTROL BY CITY: It nds Consult ntunder- stood an agree y an etween ty that consultant is an independent consultant tCitand shall not be y of Denton, Texdeemed for to be or considered an employ the purposes of income tax, withholding, social security orxes, vacation or sick leave benefits, workers compensationo other City employee benefit. The City shall have supervision an(: control of Consultant and any employee of Consultant, and it oft and toathe perform the the Consultant services ehereunderunderstood of the City Manager of the City of Denton or his designee under this agreement. 4. INSL ANCE: Consultant shall provide at its own cost and I~ expense, wor er s compensation insurance, l ailityt nt operation of ur nce, and all other ^ninsurance necesanry sultant''s business. to protect li 5. INDEMNIFICATION: Consultant shall and does hereby agree j to indemn y an o harmless the City of Denton from a reason 4 all damages, lose or liability of ran y kind wh onedve ,arby error, of injury to property or third pe by y omission or negligent act of Consuslonant, is office it rs, legally employees, invites, and other pe and liable, with regard to the performan•-e of i anAgreeme protect the Consultant will, at its coat and expense, defend I City of Denton against any and all such claims and demands. b. CANCELLATION: City or Consultant reserves the right to cancel tffF7gre~eat at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement. PAGE 2 I ~I T- 7. TERM OF CONTRACT: This Agreement shall commence on the Sth day o October, , Consultant agrees to the completion of the project within 60 days, barring lack of response by the telecommunications companies. EXECUTED this day of , 1488. CITY OF DENTON, TEXAS BY: PAY STEPHENS$ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i DOUG ARNOLD & ASSOCIATES, INC., I CONSULTANT I BY: MEL A. H RNEj SENIOR PAGE 3 i LLLLLLL""-L 1441 H! r7-f= 1 i i i s 1 E i r I i 0500L RESOLUTION NO. OLUTIO 1988 STO DECEMBER 13,J01 8THE f i; AND APROVIDING COUNCIL F RMEETING AN EFFECTIVE DATE. 6 ' WHEREAS, the regular Council meeting of the City of Denton scheduled for December 6, 1988 is hereby changed; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the regular Council meeting to be held on Decem er , 8 be changed to December 13, 1988. PASSED AND APPROVED this the day of 1988. I ATTEST; i f APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY h i 4 a i i 4 E j 1 k i AL-1-j" _x il-I I 88 09 30 1004 'x'277-9442817-54a-8800 NORTH TEX PRINT ¢001 42 North Texas Higher Education Authority, Inc, 201 t;• Abram, Suite 750 Arlington, Texas 76010.1196 (817) 265.9158 29QUTAT FOR A1110YAL Or IBBOANC9 OF TAX-114k" Not IOBMITT90 TO Tai NATOk AND COUMCIL CITY Of DINTOY, TIM line tlek So, 1916 The Board of Directors of the Nortb Tdved NLghgr education Authority, for. has resolved 10 scab approval from Its sponsoring cities. Arlington and Denton, for the Issuance of tae-amempt bonds to so amount not to exceed 1100 million, Bsembround toforeatiod relative to the necessity for this Issuance follower ApproKleately and yasr ago, tho Authetlly roquadtod and received from Its sponaorlnl cittes (Arlington and bantam) approval fat Lite tefuants of a tax-sxa■pt bead ideas in the count of $16 1011111011. the Issue we ruccessfulty mdrketed and titled on Novadber S. 1191, The proceeds %~f this issue wore uttliead to permdoedtly fidencd 6$9,500,000 In existing student loans parchssed under a tamable line of credit and to acquire sddltional student Leona trod area lenders to the sweat of !31,4$1,000. As of October 71, 1966, tM acquisition fund will be depleted sad Lhe Authority will again be forced to purebaae loons wtth the Idgber•eoaL tamable (undo. The 1911 bond Issue proceeds were expected to provide funds for ellhtali monthe of lean 40,4vieltionol however, area laadere hove increased their originations and sales of loons to the Authority subalmollslly, eonauatag the lotted acquisttlom fund to ably twelve menthe, The saw bond Issue Is deeded to provide folds for the dext three years. Bond Cottrell has 40t4rdin4l that although current law allows arbttrege for only eightsea soothe, the acquisition toad ley be allied for three yesta providing ibm yield en funds rdmaintog at the mad of the o111i1fem months tq eestrltted to the )laid on the bells, The underwriters, Chemical lank and Ideas Coanteree look have pewpdred it pteporal to ateoewto/stn this reetllctlsn, Appromteetely 105 11111100 will be available fat the purchase of lodes over the tbne-yaxr period, M uchal to a copy of the proposed flea of finance and Ldgtolalive sod Find eing Issues prepared by the umdervritsea. These will provide additionsI background Inforesefen for you, i The Authartiy hU applied $e the Tease Department of Commerce for e ressrvition of private purpose allocation for t'is band issue but tosllass there to little chaste of reeelvlal it to 1916 duo to lusvy demand, Therefore, documents rift to prepared to the next two months I for an early laluary, 1969 applicatino. under those clrcumoLoncos0 the 1 cloolol will ater:r to !ato JaeusH r M always, t ,e Autberlty is most apprsetstlw of the City's support of its progree, At We Polak you sharp In she ameeess of our program 11A purehsaiag epproalmstefy 100000 student loans aide the look nine years God sssieltnl llivio Aluddnts lm thslr pursuits of higher education, We reopeetfelly to4umsk your approvel of this bond issuance to continue these Mee Ware. please feel free to direct any questions or requests for addittonal information let latbeys Ile U , Aeatatiat Becretery North Texas 111hor Idocation Autbority, Inc. 901 last Alta, suite 100 Arlfnbtoa; Teau 16010 i fllJ ti!•!1!/ 1 i 84 09/30 18!04 12277 4442817.548-8800 NORTH TEX PRINT 4002 C.MMICAL 8 ti CU R ITI! 9,I hi C, Proposal to Provide fav"Wast Baakial Services to the North Texas Hi=her Educadoo Authorlry September 26, 1988 LEGULAIM AND FINANCINrT Lec1tF! IotPoductioe The Authority faces as uncertain legislative environment which poses considerable implications for the financial we propose. However, our contaeu with the joint Tax Committee and through Senator Bentsen's office lead us to behave the outcome will allow the Authority to pursue a bond structure governed by current law. Owing to benefits that will expire on December 31, 1981, we advise the Authority to apply to the Texas Department of Commerce ('I ) for a private sotlvity bond allocation (i.e., 'Cap') Immediately. This application will be reviewed by TDC no October 11 soon afar which the federal law Is expected to have been favorably clarified. If Cap Is available to the Authority, they will be able to Issue bonds this fail under current law, If Cap Is not available on October 1, and the federal legillation passes favorably, the Authority will lave hoods under a Cap allocation awarded January 2, 1919, which would close In late January. If the Senate version of the lellsle,lon holds, the January issue will be as if under current law. If there are compromises, the wont expectation Is the expiration of current arbitrage benefits relating to acquisition funds. This should not prevent the Authority from lanlag bonds In January. Houn of Representatives 4333 The House of Representatives has passed H,R, 4333 which, In part, would eliminate the viability of tax-exempt student loan avenue bonds by, a Limiting arbitrage between student loans and bonds to 1%; e Including Special Allowance hyments its the calculation of loan yield; I Subjecting all earnings on temporary Investments to rebate;, • Forcing ail repayments of required student loans to be used to retire bonds; e Limttlal the We aoqulsidon period to three years. Tbees prov~'1400 are sot expected to poet, but there are no gumewes, no effective date foe thew provislom was August I, 1941, so until they an emended or resoladed, bond coaeeel wW be wable to {ion the Authority an unqualified opinion with respect to the Authority's beode it lesead under current law. However, Ois SOULS Is expected to propwe s eeaesmm aaseadment affective October I of this year which would sum eurreat law 10 raaaaie le effect throegh the June 30, 1919. We propose ow structure bawd upon this expeoeatiaa; cumet law will allow you to lases bonds bond upon three years worth of etudeat )nee demand, arbitrage she acquisition fund for eilhteee months and .tee those sattlisp to defray Invest" coats and admlalstsadw expenses. On 11, H.R9, 4333, arbitrage However benefit Issuing sumt, In 1969 May 00 the s Confor th Report is sabetaetiai beaafiL The Authority should still be able to issue loads without this benefit cadet our proposed structure, I 1 '88 09/30 10,05 0277-9442817-548-8800 NORTH TEX PRINT ~~03 Cti' M ICAL 8I G U R IT11 1,1 MC. Proposal to rMwe lnvestmoat tanklas ser•ic" to the Nord Tom Hiskx Education Authority September 26, 1981 These proposed rules under H.R. 4333 confirm that student loan revenue bonds are vulnerable to COIISTO iotul action. Therefore, we strongly advise a structure that calls for the Authority to recycle town repayments and surpluses for t:,e life of the issue. While we uoderstaad the Authority's desire for fixed note financial, the structure used In the 1917 financing will be wo difled to preclude the Usuante of serial mituritin. In this way the Authority will pteaarve tax-exempt finaecies capacity for approximately SIO million pet you for the life of the issue, roughly oat third of the Authority's expected ands. The Tetuu Depanaaest of Cosnoene The Texas Nputmont of Commerce (TOC) has certain requirements which the Authority must most if the Authority's request for private activity bond allocation Is to be considered valid. The TDC will require the Authority to show either that all of Its current acquisition money Is spent, or, that a lender his QrmAj wramlited to sell loans to the Authority within 12 cats. dar months in the amount of the Authority's current unexpended proceeds. We understand that the Authority has arranged for these firm commitments, The Texts Alum y t' swW The Texas Attorney General mutt opine u to the validity d the Authority's bonds, and will not do to unless the student loans to be financed by the bonds are the subject of beat efforts commitments from linden to sell loons to the Authority, These commitmenu will cover a bond use period three years from the due of iesuanoe, which means approximately December, 1, 1918 through December I, 1991. The Authority mutt also take loin account its purchasing capacity from recycling in determining the amount of cemmlimosts needed for a given site bond Issue. We and our Co•Manogers have arranged for commitments in amounts which, together with loans held In the Fuji line are quite sufficient to justify a $100 million bond issue. Coselueks '1 We expect the federal tolwadvs uncertainty to be favorably rneived in mid October, I There(ore, with as eye toward mosdal tM onto requirements of TDC and the Attorney General We nrp the Astbrity to be ready to Isom von after mid October so as to take advantage of benefits In the fodersi code due to expire at year end, If the Authority dell sot steel" Cap from T'DC until January 2, 1989, the tlructurlns and documeawksa will be In plats to allow the Bonds to be marketed immediately after )sauary 2, and to clots soda thereafter. I I r . 89 09/30 10!06 0277-9442817-548-8800 NORTH TEX PRINT X004 CMtNICALiBlCU femiB, I NC. hopow to Provide tavMtmeat Duk1a` Ssrvias to tW Norsk Tear HIgNr Educedoa Autbwlty Septeabet 26, 1983 p,npMPn FLAN F FINANCE North Tam Higher Eduatioe Authority Variable RIG Deanna Student LOU Revenue Boada - Series 1983 Iran of Picini Series 1968 A will be In the amount of $100 million, will be for sew money for indent join acquisitions, and will be subject to the Alternative'.►tinimum Tu. Agodinam Dated Da* December 1, 1988. Delivery Dew December Is 1988. Due DO* The bonds will mature on December 1, 2006. tnaereet Aoorod interest will accrue from the date of issuatta. taitiai mom Seven day put, seven day interest rate. lanraat Ratec Set by Remarketing Agent u a yield which, in its judgment, will allow the bonds to be remarketed at par. heaatt+ses Iateesat Rates I Sk. lateral hysaestt Fregaaeey QWterly. F IateraN AIoeMNoo t8teitt Actual over 36$/366 during vutatU na period, 64/360 if t after fined rate conversion. 3 irAW IPA69 Coevenba The Boeae ebeii convert to a fined rate 0005 attaining tM'Tor{et spread' NIUWWory 7.edert TM Bonds will be subject to ins detory tender upon flndd rate eonvenion, or the substitution of credit eeltaa mast, ualeas a Notiw of KIWI" to Reaie BOO& IW bees tWived. Lowe of Creak (OL/C) ►rovidef to be determined after a solicitation proew. TOM of L/C~ Five to tea yarn. Str - 44m of L/Q Direct ply. Subetttutioe at L/G At 0y time, Bonds tuna to Mandatory Tender. t 1 1 I 1 '88 09/30 10!06 13277-9442817-548-8800 NORTH TE,X PRINT zoos CHMiCAL Sttounmes,lnlo. prop" to rsovide lavessamt Budd" Services to the t4ottis Tenn ltlghw Eduatioa Authority $"ta bet 269 19U Amount of L/G: Principal plus 49 days' interest', all interest calculated at 1A. Cost of L/Ct To be determined. Use of Fsooadtt Bond proceeds shall be used to: _ a Acquire Loans u Pay Cost of issuance ■ Pay Underwriter's Discount ■ Fund Reserves. Acquisition of Lomw Acquisition Fund shall be used to acquire loans for three years from date of issuance. Also, periodic surpluses shall be used to acquire loans through 10/t/46. Eligible Law Guaranteed by YGSLC or such other Ouarantor as approved by the L/C Bank during the variable rate period. Loans will be to Texas residents or students attending Texu schools. Foods Usdw the Weatum Later of Credit Fund, Revenue Fund, Bond Fund, Reserve Fund, Acquisition Fund, Cost of Issuance Fund, Surplus Fund. Also, those funds not included in the Trust Estate, including the Adminbtratk,n Fund, Escrow interest Fund and Rebate Fund. Debt Servia Rmrve Fuel: An amount of the net proceeds of the Sonds shall be Vied to fund a debt service reserve fund, ovb*t to esgotiation with the L/C bank; the tmfve fund may be increased at the time of the fined rats coavL~rsloo, lvrvlvittB of hrlodlo i!eriodio surpluses will be used to acquits student leas r W*M through 12/1/01. MIKAN= Asobillea Ehuk Series A proceeds In the Acquisition Food will be lavated at an unrestricted yield during the first elghtaa asoaths. Thereafter, unsapeaded proceeds will be lavaisd In municipal obllptba of lib chameW to brill A Valli tM end of 36 moaths. At that rises Vsettpsaded PmAsede shall be Valid to all beads Its ga &=ont such that 11% of tills original Aoqulshioo Fund shall have been used to acquire student law. 88 U9i3U LU,07 ' 277-9492817-548-bbOU NORTH TEX PRINT 4006 C►t!.attcrel.8teouettrtes,lnlt;, Proposed to Provide IAIII$b o11t 86114114 SWIM to the ON Nonit 'recast Hi/ber Edoatba Authority September 26, IM Reoowry of Cosh The future value or costs of issuance, amortized on I of lewa6oe: level buffs, will be deducted from 'rose loan receipt. Arbitrage profits (during the Ill month temporary period) oa the Acquisition Fund may be used to defray costs of Issuance and reasonable and necessary program expeeua, Sprmd of Lou Yield Bond yield is adjusted by the cost of credit enhancement to Bond Y'teldt will be at or lets than 1.5% below the Lan Yield, as adjusted by reducing gro s loan receipts by bond related Trustee fees, cost of issuance u discussed above, remarketing fees and depositary fees, and If naesary, treaders of Excess interest to the Escrow interest Account. Additioeal Bonds; Parity Bonds may be issued upon mecoag additional bonds test, I.e., new bonds get same rating and the L/C is increased appropriately. Net Assets Tat: To the extent the mile or musts to llobilitiei ex,,vods 102% In the variable rata period, and t0S% in the fined rate period, Ind a cash flow projection AMUMINg the removal of such excess vests shows debt service timely peld, with revenue balanats on say Interest paymeet date utceeding $250,000, then the Authority may transfer such exeeee usets to its genera hnd. Rebate: All non•pvrpose obligatlom shall be invested at an i utuestriotsd yield, but earnings on Grain funds u stipulated by Bond Counsel shall be subject to Rebate. The balance In the Rebate Account shall be calculated annually. At the and of the fifth year. Ind every five yeah thereafar, 90% of balincee in the Rebate Account shall be paid to the federal doverament, except that at fin! maturity, 100% of Rebate Account bolanea thdl be pald to the f=ederal 0overament. III I '88 09/30 10 08 12277-9442817-548-8800 NORTH TEX PRINT SCHEDULE I CERTIFICATE I, the undersigned. am an authorized representative of the City of Denton, Texas, (the Issuer") duly appointed by such Issuer to conduct a public hearing (the "Hearing") at 9:00 o'clock A .M, on 30th_, Snptenbor 1988, and do certify as - follows: 1. On behalf of the Issuer. I conducted the Hearing in the offices of the Higher Education Servicing Corporation located at 201 E, Abram, Suits 800, Arlington, Texas. The Hearing concerned the issuance of thoss obligations atjled as follows: NOT IN EXCUSS, OF $100,000,000 NORTH TEXAS HIONER EDUCATION AUTHORITY, INC. STUDENT LOAN REVENUF. BONDS, SERIES 1988 1. A true, full, and correct copy of the minutes of the Hearing is attached hereto. 3. On Sept. 16 , 398t, public notice of the Hearing was published in a newspaper of general circulation in, and published in, the cities of Arlington and Denton, Texas, respectively. Attached hereto fullowing the minutes of the Hearing are the affidavits of publication relating to said public notice, StONED this 30th day of rapt, , 1988. F MDWMWM ' Nam i t ryn ryW Tit e: Assistant Secretary North Texas Higher Education Authority, Inc. 31111 T-- r 'dtl Ub~3V ,VUd '(y~l~-b49cG11-o4d-ddVV hUKin 1tA Yk4~l ¢CVfS MINUTES Of THE PUELIC HEARING OF September 30 1988 The public hearing for the purpose of hearing from interested members of the public concerning the proposed issuance of those obligations styled "North Texas Higher Education Authority, Inc. Student Loan Revenue Bonds, Series 1988" to be issued in the aggregate principal amount not to exceed 1100,000,000 (the "Bonds") and the utilization of the proceeds of the Bonds by the North Texas Higher Education Authority, Inc. for the purpose of purchasing Guaranteed Student Loans which are either guaranteed or insured under the provisions of the Higher Education Act rf 1965, as amended, the setting aside of certain amounts for deposit into the Reserve Fund, the Interest Fund, and the Operating Fund, limitoW. by and paying tthe he provided cost of issuing the Bonds, as Internal Revenue Code pf 1986, as amended, and the Texas Education Code, as amended, was opened at 9;00 o'clock A,M. The undersigned requested all persons who desired to speak either for or against the issuance of the Bonds and the use of the proceeds of the Bonds to so indicate by raising their hAnds, The following persons present at the meeting so indicated., _Nona _ There being no persons identifying themselves as es r ng to apea the undersigned then announced that the hearing was closed. Nam tat yn Bryan Titl i Assistant Secretary North Texas Higher Education Authority, Inc. 1 1U t1 r N0. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS, RELATING TO THE ISSUANCE OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUC:i BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; WHEREAS the Authority has proceeded in the development of a plan of doing business and has issued bonds for the aforesaid purposes, and additional funds are needed to continue the program and it is now appropriate for this governing body to approve the issuance of additional bonds for such purpose; WHEREAS, pursuant to section 14o%':) of the Internal Revenue Code of 1986, as amended (the "Code"), a public hearing was conducted, following reasonable public notice, with respect to the issuance of bonds by the Authority in the principal amount not to exceed $100,000,000; WHEREAS, the duly appointed and authorized r-.presentative of the City of Denton, Texas (the "City"), has sul-witted to the City certified minutes, containing the proceedings from such hearing which proceedings are attached hereto as Exhibit A; WHEREAS, in order to satisfy the requirements of the code, it is necessary for the City, following the holding of the public hearing, to approve the issuance of the Bonds and the use of the proceeds of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O' DENTON, TEXAS: 61CTION 1: That on a public hearing was conducted regarding the ssuunce by the Authority of student loan revenue bonds in the principal amount not to exceed $100,000,000 (herein called "Bonds"). The proceeds of the Bonds will be used by the Authority for the purpose of 1 r T purchasing Guaranteed Student Loans which are either guaranteed or insured under the provisions of the Higher Education Act of 1965, as amended, the setting aside of certain amounts for deposit into the Reserve Fund, the Interest Fund, and the Operating Fund, and paying the cost of issuing the Bonds, in accordance with the laws of the State of Texas, including Chapter 53 of the Texas Education Code, as amended. The student or parent loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an accredited institution in the State of Texas (as defined in the Texas Education Code, as amended). SECTION II: That the governing body of the City hereby approves the issuance and delivery of such Bonds and the use of the proceeds of such Bonds for the purposes aforesaid. The Mayor and City Secretary are authorized and directed to execute the Approval Certificate substantially in the form attached hereto as Exhibit A and to deliver certified copies of this resolution and copies of the Approval Certificate to the Authority for its use in connection with the issuance of the Bonds. The City requests that the Authority exercise the powers enumerated and provided in Section 53.47 of the Texas Education Code, as amended; that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City and the State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code, as amended. SECTION III: That the City does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is being assumed by the Authority. SECTION IV: That it is recognized by tM s governing body that the instruments which authorize the issuance of Bonds or series of Bonds by the Authority will specifically state that this city is not obligated to pay the principal of or interest on the Bonds or series of Bonds proposed to be issued by the Authority. N.thing in this resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obligations of the said Authority whether heretofore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. -2- 14498 SECTION V: That this Resolution shall be effective from and after its passage and approval, SECTION VI: That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this day of 1988, Mayor, City of Denton, Texas ATTEST: My Secretary City of Denton, Texas f E i i E f I 1 1 I -3- ~e+ae 1 i i F a1 I 1 ~ f , i i i I It 1 MEMORANDUM TO: BETTY McKEAN EXECUTIVE DIRECTOR MUNICIPAL SERVICES 8 ECONGMIC DEVELOPMENT FROM: JOELLA ORR LIBRARY DIRECTOR SUBJ: CONTRACT FOR SERVICES WITH COUNTY OF DENTON DATE: September 28, 1988 The $117,726 contract with Denton County will provide library service for County residents living outside the City of Denton from October 1, 1988 through September 30, 1969. JOELLA RR JOQa 0869h 2510L RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR LIBRARY SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, here y approves an agreement between the City of Denton and Denton County for library service, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1988. RAY STEPHENS$ R--- i ATTEST: v a TTT JENNI FER , c APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY d T!- BY: T 1 ORIGINAL THE STATE OF TEXAS COUNTY OF DENTON X INTERLOCAL COOPERATION AGREE,XENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into this day of October, 1988, by and between DENTON COUNTY, a political subdivision of the Great State of Texas, hereinafter referred to as "County", and the CITY OF JENTON a municipality of Denton County, Texas, hereinafter referred to as "Municipality". WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County; and WHEREAS, MUNICIPALITY Is a duly organized municipality of Denton County, 's Texas engaged in the provision of library service and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, COUNTY and MUNICIPALITY desire to Improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of i intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services; fire protection; streets, roads, y 1 and drainage; public health and welfare; parks; recreation; library services; museum i services; waste disposal; planning; engineering; and administrative functions such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art. 4413 (32c), (Vernon Supp.), the Interlocal Cooperation Act; and (1) 1 1 NOW THEREFORE; COUNTY and "AUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: 1. The effective date of this agreement shall be the 1st day of October, 1988. ll. The initial term of this Agreement shall be for the period of Octwer 1, 1988 to and through September 30, 1989. Ill. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for the residents of Denton County MUNICIPALITY to the maximum extent authorized by this agreement, without regard to race, religion, color, age, and national origin; to wit: 1. Library services and other related services for the benefit and to serve the i public conveniences and necessity of the citizens of Denton County, Texas. e ! IV. During the term of this contract, upon presentation of proper proof by individual(s) i of residence of Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a "library card" to be used in connection with said library services to be i valid for a term to coincide with the term of this contract. ~I COUNTY shall designate Honorable Vic Burgess to act on behalf of COUNTY, and i to serve as "Liaison Officer" for COUNTY with and between COUNTY and MUNICIPALiT 7 . Honorable Vic Burgess or his designated substitute shall insure the j performance of all duties and obligations of COUNTY herein stated; and, shall devote I sufficient time and attention to the execution of said duties on behalf of COUNTY in i f (2) I 1 ' I I full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, su,- contractors, and/or laborers, if any; in the furtherance of the purposes, terms ani conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. V1. MUNICIPALITY shall designate- Lloyd V. Harrell to act on behalf of MUNICIPALITY, and to serve as "Liaison" for MUNICIPALITY with and between, MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of the ;MUNICIPALITY'S employees, agents, contractors, sub-contractors, and/or laborers, y if any; in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. VII. MUNICIPALITY agrees to Indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees In case it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have i I been caused In whole or in part by COUNTY P. MUNICIPALITY, including but not 4 necessarily limited to any negligent act and/or omission of any employee of MUNICIPALITY, its directors, members, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts COUNTY and/or MUNICIPALITY is liable. r (3) i I { Vill. MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, acid employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shalt be necessary to file an action, arising out of performance of the services and duties herein stated, which are (1) for bodily injury, illness, or death, or for property damage, including loss of use, and (2) caused in whole or in part by MUNICIPALITY'S negligent act and/or omission, or that of a subcontractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts the MUNICIPALITY Is liable. IX. the MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and means, and for the coordination of all work performed under the terms S and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the - j duties and obligations of the MUNICIPALITY stated in this agreement, and give all f attention necessary for such proper supervision and direction. 4 II X I COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or h contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY. Xl. The MUNICIPALITY agrees to and accepts full responsiility for the acts, negligence, and/or omissions of all the MUNICIPALITY'S employees, and agents, the,IMUNICIPALITY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work i I i under a contract or agreement with said MUNICIPALITY. Xil. This agreement is not Intended to extend the liability of the parties beyond that provided by law, Neither Agency MUNICIPALITY nor County waives any Immunity or defense that would otherwise be available to it against claims by third parties. Xlll. MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be ~I employees, servants, agents and/or representatives of COUNTY. I` X1V. i COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, flgents and/or representatives of MUNICIPALITY. X V. "COUNTY", Denton County is a political subdivision of the State of Texas. The address of "COUNTY" Is: Commissioners Court of Denton County Courthouse on the Square 110 W. Hickory Denton, Texas 76201 Telephone (817) 383-02. 38 Attn: Honorable Vic Burgess Denton County Judge XVI. MUNICIPALITY Is a public service organization of Denton County, Texas. The address of ",MUNICIPALITY" is (S) f I i City of Denton 2t5 E. McKinney Denton, Texas 76201 ` Tele7)one (817) 566-8200 f` Attn: LLOYD V. HARRELL XVII. For the services hereinabove stated, COUNTY agrees to pay to MUNICIPALITY for '.he full performance of this agreement, $1.00 per capita of 112,726 or the sum of ONE HUNDRED fWELVE THOUSAND SEVEN HUNDRED TWENTY-SIX AND NO1100 M (;112,726.00) DOLLARS to be paid in equal quarterly installments of TWENTY-ESOHT THOUSAND ONE HUNDRED EIGHTY-ONE AND 501100 ($28,181.50) DOLLARS commencing October 1, 1988. In addition, COUNTY agrees to pay to MUNICIPALITY up to FIVE "HOUSAND AND NO1100 ($5,000.00) DOLLARS In matching funds upon receipt of proof i:•om the MUNICIPALITY that revenue from soarces other than Denton Cwnty has been received and that this information shall be provided each quarter to COUNTY and will t be matched in I't+ll each quarter until such time that $5,000.00 has been paid. COUNTY understands and agrees that payment by COUNTY to the MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of y COUNTY. XVlll. { This agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed i to terminatlon date, together with reimbursable expenses then due and as authorized by this agreement, in the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rate for all such overcompensation. Acceptance of said reimbursement shall no constitute a waiver of any claim that may otherwise arise out of this Agreement. (6) XIX. This agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes ell prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY. XX. The validity of this agreement and of any of its terms or provisions, as well as the rights and dunes of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be perExmable and all compensation payable in Denton County, Texas. XXI. In the event that any portion of this agreement shall be found to be contrary to law it is the intent rf the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. ~ XXii. 1 ' The undersigned officer and/or agents of the parties hereto are the properly r authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any J necessary resolutions extending said authority have been duly passed and are now in full force and effect. i I i i i (7) i f Executed in duplicate orlginals at Denton, Denton County, Texas on the day and year first written above. "COUNTY" "MUNICIPALITY" DENTON COUNTY, TEXAS MUNICIPALITY 110 W. Hickory Denton, Texas 76201 i By' By: ` HONORABLE VIC BURGESS Name: f DENTON COUNTY JUDGE Title: Acting on behalf of, and by Acting on behalf of, and by the authority of the the authority of the I Commissioners Court r! MUNICIPALITY 9tt Denton, County, Texas t j ATT EST: ATTEST: 1 i By: BY: MARILYN ROBINSON Name: k f ;i DENTON COUNTY CLERK title: APPROVED AS TO FORK AND CONTENT: I ROB MORRIS DENTON COUNTY ATTORNEY I i I STATE OF TEXAS X i COUNTY OF DENTON K I BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Vic Burgess, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing lnterlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this the day of , 1988, Notary Public in and or the State o Texas. My Commission expires: Notary's Printed Name SEAL I a THE STATE OF TEXAS COUNTY OF DENTON H BEFORE ME, the undersigned authority, on this day personally appeared, MAYOR the City of Denton, known to me to be the person whose r name s su scri ed to the foregoing Instrument and acknowledged to me that he executed ! the foregoing lnterlocal Cooperation Agreement for the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said CITY. a GIVEN under my hand and seal of office this the day of , 1988. I Notary Pub c In a or the late o Texas. My Commission expires: E I f Notary's Printed Name) SEAL t i IIIIIA I ; i 1 3 i i j M 1 i 1 i i I ~ i a M& 9 88-f 70 TO: Mr. R. Svehla, Deputy City Manager FF04: J. L. Cook, Jr., Fire Chief / DATE, 29 September, 1988 RE: 1988-89 COUNTY EMS CONTRACT The per capita fee for providing Emergency Medical Services to Denton Cotnty will increase from the 1987-88 rate of $2.50 to $2.75 in FY 1988-89. In FY 1987-88 we estimated a revenue of $227,102.00 hised upon an estimated population of 90,841 served. We have not reached a final 1988 population figure to agree upon as of this date. However, using the 1987 figure we would generate $249,812.00 at the $2.75 rate. A 4% growth factor would raise this figure to $259,805.00. 1 3 We should also raise the Small Cities contracts to $2.75, but I would recom- mend that we delay this increase to FY 1989-90 as the FY 1988-89 budgets and tax-rates have all ready been set. This increase should generate an additional $4,525.00 over our current income of $43,875.00. j Should you have any additional questions, please do not hesitate to contact mc. r j i ~ f JLC/Rc i xc: J. Howard J. Thomason I F , t t tl i Ii I it 1 2509L RESOL►rrION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICE; AND PRJVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, here y'approv`er an +greement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of 0 1988. x ATTI'ST: ! JENNIFER l O CITY SECRET W i APPROVED AS TO LEGAL FORM: DE3RA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I E M THE STATE OF TEXAS ORIGINAL . )t COUNTY OF DENTON RATION AGREEMENT FOR AMBULANCE SERVICE INTERLOCAL COOPI AGREEMENT is made and entered by and between Denton County, a Political THIS of the State of Taxes, hereinafter referred to as "COUNTY", and thTe es subdivision , of Denton a home rule municipal corporation located in Denton County, hereinafter referred to as "CITY". WHEREAS, COUNTY is a duty organized political subdivision of the state of Government and related services for the Texas engaged in the administration of County benefit of the citizens of Denton County; and r l duly organized and operating WHEREAS, CITY is a rovlsion of ambulance „ws of the State of Texas and is engaged in the p under the itizens and related services for the benefit of the c of the City of Denton; and service WHEREAS, ('1TY is an owner and operates of certain ambulance vehicles and I ' persons who are sick, infirm, ansportation of a' other equipment designed for the tr i in its °mploy trained personnel whose duties are related to the use o injured, and has such vehicles and equipment; and medical scrvlces rendered by ,sHEREAS, COUNTY desires to obtain emergency residents of Denton CITY, Denton i as more fully hereinafter described for the benefit of the County, Texas; and governmental function ; I provision of emergency medical services is e %HEREAS, the 4 1 to the contracting e:: ` that serves the public health and welfare and is of mutual cone F parties; and I I h) I I ~ r WKEREAS, COUNTY and CITY mutually desire to be subjea to the provisions of Tex. Rev. Civ. Stat. Art. 4413 (32c), the Interiocal Cooperation Act and other applicable statutes and contract pursuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows: 1. The effective date of this agreement shall be the 1st day of October, 1988. ll. The initial term of this agreement shall be for the period of October 1, 1968 to and through September 30, 1989. Thereafter, this agreement small be renewed for successive additional one year terms commencing on October 1st of each year if the COUNTY and CITY agree in writing on or before the first day of September, to the amount of consideeration to be paid hereunder for each successive term; provided, however, that each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice. III. .y As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstances that calls for immediate action { and in which the element of time in transporting the sick, wounded or Injured for medical treatment is essential to health or life of a person or persons. Whether the aforementioned circumstances in fact exist, 13 soieby up to the diseretlcn of the "CITY". For dispatch purposes only, "emergency" shall include, but not limited to: 1E 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment Is thereafter administered; r (2) F i i 2, The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to !;ke closest medical facility. B. "Rural sr .c" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within said COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of CITY in a situation involvirg an emergency (as such word is herelnabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. A. Services to be referred hereunder by CITY are ambulance services normally rendered by CITY, under circumstances of emergency as hereinabove defined, to citizens of COUNTY. t A. The City of Dentons Fire Department shall respond to requests for ambulance i m i services made within designated rural areas of COUNTY. C. It Is recognized that the officers and employees of CITY have duties and i , responsibilities which include the rendition of ambulance services, and It shall be the i responsibility and within the sole discretion of the officers and employees of CITY to determine priorities in the dispatching and use of s,ich equipment and personnel, and ` the judgment of any such officer or employee as to any such matter shall be in all things final. i (3) I I ~ V. The COUNTY shall designate the County Judge to act on behalf of COUNTY end to serve as the "Liaison Officer" between COUNTY and CITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated; and, shall devote sufficient time and attention to the execution _ of said duties on behalf of COUNTY 'n full compliance with the terms and conditions of this agreement; end, shall provide Immediate and direct supervision of COUNTY'S employees, agent, contractors, sub-contractors, and or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY ana CITY. Vl. CITY shall insure the performance of all duties and obligations of CITY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement; and, shall provide Immediate and direct supervision of the CITY employees, agents, contractors, sub-contractors, and/or laborers, if any, In the furtherance of the purposes, i Q terms and conditions of this agreement for the mutual benefit of CITY and COUNTY. Y[l, 4P For the Services hereinabove stated, COUNTY agrees to pay to CITY for the a full performance of this agreement, the sum of Two Hundred Seventy-Four Thousand f t Five Hundred Eleven AND N01100 (;274,511.00) DOLLARS to be paid in equal quarterly S payments of Slxty6-Eight Thousand Six Hundred Twenty-Eight AND NO/100 (=68,628.00) DOLLARS commencing on October 1, 19M The remaining payments shall made respectively on or before Jimmy 1, 1989, April 1,1989 and July 1, 1989. i (4) f VIII. 000NTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents. IX. In the evert of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless ..,e default I~ cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement. X. This agreement may be terminated at any time, by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, CITY shall be compensated pro rata for all services performed to termination } i date, together with reimbursable expenses then due and as authorized by this agreement. k In the event of such termination, should CITY be overcompensated on a pro rata basis I for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute i a waiver of any claim that may otherwise arise out of this agreement. i X1. The fact that COUNTY and CITY accept certain responsibilities relating to E i i 1 i s (5) i i I i I I the rendition of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes It imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and It is hereby Invoked to the extent possible under the ;aw. Neither CITY nor COUNTY waives or she}I be deemed hereby to waive, any immunity or defense that would otherwise be available to It against claims arising from the exercise of governmental powers and functions. MI. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiatlons, representations and/or agreements, either written or oral. This agreement may be amended only by written Instrument signed by both CITY and COUNTY. XIII. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any portion of this agreement shall be found to be contrary to law, it is the Intent of the parties hereto that the remaining portions shall remain valid and In full force and effect to the extent possible. XV. The undersigned officer and/or agents of the parties hereto are the properly ! authorized officials and have the necessary authority to execute this agreement on ! behalf of the parties hereto, and each party hereby certifies to the other that any f necessary resolutions extending said authority have been duly passed and are now in a full force and effect. i I I V Executed in duplicate originals this, the day of 1988. COUNTY OF DENTON ,r BY: BY: _ COUNTY JUDGE ATTEST., ATTEST: BY: BY: DEPUTY, COUNTY CLERK "CITY" t BY: MAYOR Ray Stephens DATE I ! I j APPROVED AS TO FORM AND CONTENT: ti ` Rob Morris ~r DENTON COUNTY ATTORNEY I i i I i i I N I STATE OF TEXAS X COUNTY OF DENTON X BEFORE LSE, the undersigned authority, on this day personally appeared the Honorable Vic Burgess, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of satd County. GIVEN under my hand and seat of office this the day of , 1988. Notary Public in and or the Pate o Texas. My Commission expires-._ totary's Printed Name SEAL THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared, , MAYOR the City of Denton, known to me to be the person whose j name is su Abed to the foregoing Instrument and acknowledged to me that he executed j the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, and In the capacity stated, and as the act and deed of said CITY. GIVEN under my hand and seal of office this the day of , 1988. I , Notary Public In s or the state o Texas. My Commission expires: r Notary's Printed Name) r SEAL a i ENS OF FILE