HomeMy WebLinkAbout11-15-1988
AGENDA
CITY OF GLNTON CITY COUNCIL
November 15, 1988
of the City of Denton CLty Council on Tuesday,
Work Session
W
November 15, 1988, at 5:30 p.m. In the Civil D aEt nse ko m the
city Hall, 215 E. McKinney, Denton, lexas which
following items will be considered:
Note: Any item listed on the Agenda or the Work Session the of Agenda for also be considered as
par
Regular Meeting.
5,30 P.M.
Executive Session::
A, Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Discuss County vs. it y.
2, Discuss in re: Flow Regional Medical Center.
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 2.
Discuss and consider potential Legislative lobbyists.
p.m. Denton in the CounciluChambers TofsCity
Regular NMeetin of 1988, ate 7:00 City
Nove
1ia11 , 215 E. McKinney, Denton, Texas at which the following
1
items will be considered:
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7:00 P.M.
1. Consider approval of the minutes of the regular f
meeting of October 4, 1988, the special call meeting
of October 11, 1988 and the regular meeting of October {
18, 1988.
2. Presentation by Ms. Dora Garcia regarding the need for
more Spanish speaking employees in the Fire and Police
i
Departments.
3. consent Agenda
f
Each of these items is recommended by the Staff and i
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
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'City of Denton City Council Agenda
November 15, 1988
Page 2
Listed below are bids and purchase orders to be
approved Eor payment under the Ordinance section of the
agenda, Detailed back-up information is attached to the
ordinances (Agenda items 4,A, 4,b,), 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 Grders:
1. R, Q, N107G44 - Motorola Communications
j communications equiprt~ent -
2, R, Q, N107041 - Motorola Communications
communications equipment -
3, R, Q, p107042 - Motorola Communications
communications equipment -
4• R, Q. N107043 - Motorola Communications -
communications equipment
5- Lone Star Gas -gas line relocation
4• Ordinances
A. Consider adoption of an ordinance providing Eor !
the expenditure of fends Eor purchases of
materials, equipment, supplies or services in ~
accordance with the provisions of state law ~
j exempting such purchases from requirements of
competitive bids,
I B•
Consider adoption of an ordinance authorizing the
Director of Public Works to execute a cash
' Company, Bas Piping contract with Lone Star Gas ~
i~
C• Consider adoption of an ordinance annexing 135
acres located south of Mills Road, east of
Mayhill koad, and north of McKinney Street i
adjacent to existing city limits, (A-55) (The ,
Planning and Zoning Commission recommends E
approval,)
D• Consider adoption of an ordinance amending the
fees applicable to certain requests Eor zon[ng
amendments; and providing for an effective date,
(The Planning and Zoning Commission recommends
aPProval,)
i
H
City of Denton City Council Agenda
November 15, 1988
Page 3
r
L• Consider adoption of an ordinance abandoning and
vacating a certain drainage and communications
easement within the Ridge of Southridge
Subdivision; reserving a portion thereof Eor a
communications easement; and declaring an
effective date. (The Planning and Zoning
Commission recommends approval)
F. Consider adoption of an ordinance of the City of
Denton, Texas prohibiting the erection,
construction, or placement of, all off-premise
I portable signs, more than one on-premise portable
sign on any one premise, all ground signs over
150 square feet in size ar over 30 Eeet in
height, and all ground signs within 500 feet of
another ground sign on the same premise;
roviding for a penalty !n the maximum amount of
~2,000.OD for violations thereof; providing for
this ordinance to be In effec• until and
including February 21, 1989; and prrviding for an
effective date
0. Consider adoption of an ordfnance Designating and
establishing speed zones Eor east and west bound
' traffic on Newton Street froc, its intersection
with Wilson Street to its intersection with Morse
Street; Eor north and south bound traffic on
Wilson Street from its intersection with Newton
Street and continuing north for a total distance
of 442 feet; providing Eor a penalty of a fine
aot to exceed two hundred dollars; and providing
severability clause. (The Citizens Traffic {
Safety Support Commission recommends approval.}
f
k, Consider adoption of an ordinance granting a
Franchise to Sammons Communications, Inc. to
construct, reconstruct, operate and maintain a
cable television system in the City of Uent~n and k
setting forth conditions accompanying the grant
of the franchise. {The Cable Television Adiisory
Board recommends approval.) (Second reading) '
5• Resolutions
A. Consider a ~
pproval of a reso]utian authorising the
City Manager to sign and submEt an amendment to
the Final Statement OE Gbjectives And Projected
Use Of Funds submitted in June, 1988 to the
Department of kousing and Urban Development with
appropriate verifications
required by the kousing and Commuuityh Deiv opment
Act of 1974, as amended.
rv
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. City of Denton City Council Agenda
November 15, 1988
Page 4
B. Consider approvai r a resolution authorizing the
` Mayor to execute a restated lease agreement
` between the City and AirDenton, Inc.; approving
an agreeement between AirDenton, Inc. and
Lobransky Enterprises, Inc. and providing an
I effective date.
C. Consider approval of a resolution authorizing the
Mayor to execute an agreement between the City of
Denton and the Denton Independent School District
for the development of a park located on Teasley
Lane.
D. Consider approval of a resolution of appreciation
j for William "King" Cole.
6. Miscellaneous matters from the City Manager.
A. October Budget Recap
7. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
8. New Business:
li This item provides a section for Council Members to
suggest items for future agendas.
{
9. Executive Session:
j~ 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. i
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252.17 V.A.T.S.
C E R T 1 F 1 C A T E ff
I certify that the above notice of meeting was posted on the 4
bulletin b a at the City (fall of the City o Denton, Texas,
on the day of 1988 at 1 o'clock i
(a.m.) p.m.
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AGENDA
CITY OF DENTON CITY COUNCIL
November 15, 1988
Work Session of the City of Denton City Council on Tuesday,
November 15, 1988, at 5:30 p.m. in the Civil Defense Room of
City Hall, 215 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. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Discuss County vs. City.
2. Discuss in re: Flow Regional Medical Center.
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.
2. Discuss and considet potential Legislative lobbyists.
Regular Meeting of the City of Denton City Council on Tuesday,
November 15, 1988, at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following
j items will be considered:
7:00 p.m.
t
1. Consider approval of the minutes of the regular
meeting of October 4, 1988, the special call meeting
of October 11, 1988 and the regular meeting of October
18, 1988.
r
2. Presentation by Ms. Dora Garcia regarding the need for
more Spanish speaking employees in the Fire and Police
Departments.
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Apprcval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
i
City of Denton City Council Agenda
November 15, 1988
Page 2
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 4.A, 4.b.). 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:
1. R. Q. 1107044 - Motorola Communications -
communications equipment
2. R. Q. 1107041 - Motorola Communications -
communications equipment
3. R. Q. 0107042 - Motorola Communications -
communications equipment
4. R. Q. 1107043 - Motorola Communications -
communications equipment
5. Lone Star Gas -gas line relocation
4. Ordinances
A. Consider adoption of an ordinance providing for
the expenditure of funds for purchases of
materials, equipment, supplies or services in
accordance with the provisions of state law i
exempting such purchases from requirements of
competitive bids.
B. Consider adoption of an ordinance authorizing the
Director of Public Works to execute a cash
deposit gas piping contract with Lone Star Gas
Company.
C. Consider adoption of an ordinance annexing 13S
acres located south of Mills Road, east of
Mayhill Road, and north of McKinney Street
r, adjacent to existing city limits. (A-SS) (The
Planning and Zoning Commission recommends
approval.)
D. Consider adoption of an ordinance amending the j
fees applicable to certain requests for zoning
amendments; and providing for an effective date.
(The Planning and Zoning Commission recommends
approval.)
City of Denton City Council Agenda do I
November 150 1988
Page 3
L. Consider adoption of an ordinance abandoning and
vacating a certain drainage and communications
easement within ttie Ridge of Southridge
Subdivision; reserving a portion thereof for a
communications easement; and declaring an
effective date. (1'he Planning and Zoning
Commission recommends approval.)
F. Consider adoption of an ordinance of the City of
Denton, Texas prohibiting the erection,
construction, or placement of, all off-premise
portable signs, more than one on-premise portable
sign on any one promise, all ground signs over
150 square feet in size or over 30 feet in
height, and all ground signs within 500 feet of
another ground sign on the same premise;
roviding for a penalty In the maximum amount of
1,000,00 for violations thereof; providing for
this ordinance to be In effect until and
including February 21, 1989; and providing for an
effective date.
G. Consider adoption of an ordinance designating and
establishing speed zones for east and west bound
traffic on Newton Street from its intersection
with Wilson Street to its intersection with Morse
Street; for north and south bound traffic on
Wilson Street from its intersection with Newton.
Street and continuing north for a total distanco
of 442 feet; providing for a penalty of a fine
s not to exceed two hundred dollars; and providing
a severability clause. (The Citizens Traffic
Safety Support Commission recommends approval.)
H. Consider adoption of an ordinance granting a
franchise to Sammons Communications, Inc. to
construct, reconstruct, operate and maintain a
cable television system in the City of Denton and
setting forth conditions accompanying the grant
of the franchise. (The Cable Television Advisory
Borrd recommends approval,) (Second reading)
S. Resolutions
A. Consider approval of a resolution authorizing the
City Manager to sign and submit an amendment to
the Final Statement Of Objectives And Projected
Use Of Funds submitted in June, 1988 to the
DeFlartment of Housing and Urban Development with
appropriate verifications, as authorized and
required by the Housing and Community Development
Act of 1974, ac amended,
City of Denton City Council Agenda
November 1S, 1988
Page 4
B. Consider approval of a resolution authorizing the
Mayor to execute a restated lease agreement
between the City and AirDenton, Inc.; approving
an agreeement between AirDenton, Inc, and
Lobransky Enterprises, Inc, and providing an
effective date.
C. Consider approval of a resolution authorizing the
Mayor to execute an agreement between the City of
Denton and the Denton Independent School District
for the development of a park located on Teasley
Lane.
D. Consider approval of a resolution of appreciation
for William "King" Cole.
j 6. Miscellaneous matters from the City Manager.
A. October Budget Recap
7. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
8. New Business:
This Item provides a section for Council Meribers to
suggest items for future agendas.
9. Executive Session: +
I
A. Legal Matters Under Sec. 2(e), Art. 6252-17 1
V.A.T.S.
B. Real Estate tinder 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.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
{ bulletin board at the City [call of the City of Denton, Texas,
on the day of 1988 at o'clock.
(a.m,)
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CITY ECREIARY
300SC
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C'"*(DENr0N~ TtXA8 MUNICIPAL ,Ul,o,NG / OENTON, TEXAS 76201 /TELEPHONE (017)bat-0307
Offlos o1 fhs Clfy Msn~p~r
M E M O R A N D U M
T0j Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE] November 11, 1988
SUBJECTS Back-up for Agenda Item 12 - 5:30
p.m.
Back-up information is being supplied for this item under
separate cover,
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Jen a ers
` 2727C/2
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WINSTF.AD
Mc~GU~I~R~E
SECHREST (512) 4744530
800 Capital Gear & MINICK Uki 991165
919 Can`RU Avenue Telecopie, (512) 469.9549
Austin, Teea 79701 A Rvku" Capauim
U~u,u Homer AL'anY Aerotaeyf k Counw-I n M wt Dial:
370-2811
October 121 1988
Mr. Jim Bunyard
City of Denton
215 E, McKinney Street
Denton, Texas 76201
Dear Jiml
i enjoyed the opportunity to visit with you and, pursuant to
our conversation, I am enclosing information for your perusal.
As we discussed, please find the enclosed copy of my resume
current and a client list.
let me
need additional information prior htolourou mehave eting, please or y
know.
I look ado not hesitate to call oif Inmayhbe of assistance.
meantimeet , please
d
Sincerely,
Charles iP. Evans
ii CWE/glh ~
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enclosures i~
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RESUME OF
CHARLES WESLEY EVANS
PERSONAL
Barn February 19, 19391 Jacksonville, Floridal YS", 163 Ibs.l
Married June It 1963, to the former Patricia Anne Hackmaa ieventeen
TTw ildren - 1036 36 3,117e twenty, and James Wesley age
EDUCATION
Diamond Hill High School, Fort Forth, Texas 1951.1937
BA History and Government, University of Texas
at Arlington ......................1961.1965
Jurls Doctorate, Southern Methodist University School
of Law, Dallas a ...........1963.1967
HONORS AND ACTIVITIES
High School
Football
Student Council
Golden Gloves
Cheerleader
Band Member
Undergraduate School
Phl Kappa Theta Honorary Society
Law School
Phl Alpha Delta Law Fraternity
Student Deputy Chief Counsel, Legal Aid Clinic
MILITARY SERVICE AND AWARDS
United States Navy, 19396 Medial
Honorable Discharge; Good Conduct i,
ADMITTED TO PRACTICE LAW................. May 190 1968 ,
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ADMITED TO PRACTICES i
United States Dlstrlet Court, Northern District of Texas
United States District Court, Eastern DIM Wt of Texas
Plkh Circuit Court of Appeals
LEGAL EXf ERIENCE
In the y lawfi m of Davh PMatch 19490 an oster !c Evans, at 700 east Abram, Atfttw4
Texas
March 1969 through October 1%9, sole practitlo;xr at 1301 New York
Avenue, ArUngton, Texas
wi with asociation of several attorneys at 809 East Abram,dArlington,
Texas
October 1974 to February 19760 sole practitioner at First State Bank
Building, Bedford, Texas
Marcie 19169 formed partnership with Terry R. Leach, at First State
Elk Building, Bedford, Texas
June 1978 to 1982, partnership with Terry R. Leach, having been joined
by James R. Ames In Leach & Am*% at 729 Bedford Euless Road ' Vest, Hurst, as Evans,
L
January 1983 to March 1986, sole practitioner at 729 Bedford Euless
Road West, Hurst, Texas
April 1986 to present, sole practitioner at 300 Grapevine Highway, Suite
488, Hurst, Texas
Primary legal experience has been In the preparation and presentation
of factual and legal disputes in the courtroom before both Judge and
jury, conslsting of criminal and civil law, and Including rules bprsueedure,
discovery proasas, evidentlary laws, and `eneral and
Alhough my lgal practice has been in tr1s~1 work, it has also been general
and consisted of the Incorporation of domestic and foreign corporations,
real estate law, banking, savings and loan, title work, will$
personal contracts, promissory notes, rental leases, powers of at
etc. 1 have also counseled and represented clients on divans, indebtedness,
bankruptcy, child supports adoption, workmen's compensation and pasonal
Injury uses. I have represented clients In all aspects of trial work dealing
with both civil and criminal, this representation being on both the plaintiff
and defendant aide of the docket,
Since being admitted to practice before the United States District Court,
1 have represented several clients In both civil and criminal cans. My
primary responsibility has been In representation and consultation with
Wants concerning United States Federal Rules of Procedure, civil rights
law federal ayes and erimMal procedure, eonnmaoe and trade, nationality,
and various, agency reties and regulations of the United States irovernment.
I have also repreesented several cli~~ ~Bankruptey Court Including
creditors and those clients seeking
POLITICAL AND GOVERNMIENT
1!71.73 - Hurst city ceuncu
~l73.73 • State Representative, 63rd Texas State L bag 1stur and Amy
Commlttes judiciary Committee, busirne
Intalm Appointments 'Jelnt Constltutlonal Convention
Planning Committee" - Appointed by the Speaker of
the House for the preparation of the 1974 Constitutional
Convention.
1974 - Texas Consltional Convention Delegate - Vice
Chairman of Local Government Committee
1973.77 - State Representative, 64th Texas State Legislature
Committeess Vice Chairman of House Administration
Member Judicial Affairs, Member Ways dt Means
Interim Appointments "joint Advisory Committee
on Government Efficlencys (Little Hoover Committee)
Appointed by the Speaker of the House to Investigate
procedures and operations of agencies In the state
of Texas so as to make government more efficient.
"Special Committee on Corrections" - Appointed by
the Speaker of the House to delve Into the problems
concerning the penal system of the state of Texas
Including board of Pardon and Parole, Texas Department
of Corrections and Parole Corr.mlalonerL
1977.79 - State Representative, 63th Texas State Legislature
Commlttees Chairman of Judicial Affairs
Member Public Education, Member House Administration
Appointments NatlmW Conference of State Legislators,
National Fiscal Oversight Committee
1979-81 - State Rapresentatlve, 66th Texas State Legislature
Committees Chairman of Government Organization
(Sw"t)
Chairman, Sub-eommittao on biQnguW Education
Member Public Education, Member House Administration
Appointmentis Sunset Advisory Commlalon, National
Conferaice of State Legislature, National Fiscal Oversight
committee
191143 - State Representative, 67 Texas State Leglsiatuft
Connnlmast Chairman of Government Orpridution
Committee (Sweat)
Member Public Educatlen, Member House Adminlstratlon
Appointmenta Sunset Advisory Commission, National
Conference of State Leglslatune, National Fiscal Oversight
Committee, blue RUM Commission for the Comprehensive
Review of the Criminal hale* Correctlau Systems
by Govanor Clamanta
191345 - State Representative, dth Texas State Leglsiau n
Committees Chairman of House Administration
Member, Environmental Affairs, Public Education
Appolntmentsi Chairman of Sunset Commission, National
Conference of State Legislators, American Legislative
Exchange Councll
198347 - State Representative, 69th Texas State Legislature
Committees: Chairman of Government Organisation
Members Public Education, Calendars
Appointmentsi State Economy and Efficleny Commission,
National Conference of State Legislators, American
Legislative Exchange Council
1987 - State Representative, 70th Texas State Legislature
Committees: Chairman of Calendars
Members Government Organization, Higher Education
Appointments: National Conference of State Legislators,
American Legislative Exchange Council, Southern
Education Board by Governor Clements
PROFESSIONAL AND CIVIC ORGANIZATIONS
Phl Alpha Delta Law Fraternity
American bar Association
Texas bar Association
Fort worth-Tarrant County bar Association
Northeast Tarrant County der Association
Hurst Euless Bedford Chamber of Commerce
Northeast Tarrant County Chamber of Commerce
University of Texas at Arlington Alumni Association
Rotary
Original Member of Board of Directors of Northeast Community Hospital,
Rotated each two years u Chairman of the Board
Original Member of Board of Directors of Mid Cities National Banks
Hurst
AWARDS, DECORATIONS AND HONORS
Phl Kappa Theta Honorary Society
Man of the Month by Hurst hycees
Outstanding Recognition to Texas by the Texas Chiropractic Association
SSpecialetnition by the State Bar of Texas
tlathedd Service to People of Texas as a Member of the 63rd Legislature
by State Bar of Tom
Lila Membership presentatlon In Texas Parent Teachers Association
LW Membership presentation in Gifted and Talented Students Asaoclatlon
One of Texas Monthly's Tan Best Logislators I98J
Texas Municipal League's Legislator of the Year I"J
Red Ribbon Award from 'few Association of CencerMd Taxpayers
"WIWam S. Hotly Award from Texas Commission an Akohol and Dry
Abuse 19K
Who's Who In Texas
Who's Who in America
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Mho's Who In American PoUtics
Mho's Who In Government
Outst+ndln$ Americans In the South
ADDRESSES
Homm M Wfora Court Weal Hurst, Texas 76033 (811-3$3-0943)
offices 300 Grap vLnt I$Io97ai; Suite 0488, Hurst, Texas 76034
Austin House of RW*m &t (312-463-033210, Capitol Statlon, Austin,
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CHARLES EVANS HAS AUTHORED SOME FIVE HUNDRED CONSTITUTIONAL
AMENDMENTS AND/OR PIECES OF LEGISLATATION WHICH INCLUDES THE
FOLLOWINGt
Uniform four day election law In the Stator of Texas
Right turn on red after stop
Five year license plate renewals
joint custody of children
state budget execution
in Vitro Fertiilzatlon
Judicial Title of the Government Code
State-wide Municipal Courts of Record
' Texas Liability Re--inurancs facility
Head Shop Law to mop the Milne of drub paraphernalla
first Sunni Law In the Legislature
The $Ifted and talented programs for rtudents In public schools
Removal of ad valorem tau" from parm(W property
f oversight Committee to review agency's rules cane iegulatlona and reduce duplication In
Consolidation of government abanclas so"ss to brk% about a em efficiency
in the State of Tex&% to reduce the an of government and reduce taxes
Mandatory sentence to make a certainty of punlshmmt to those gonvIcted of
acmes
St"mUndns of the Ndiciary to make It more ef9dent
Formation of a forelgn trade :eta at D/I V Alrpwit which attracts added oommra
and crvaas private empioymatt f
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CLIENT LIST
a 1. Winstead, McGuire, Sechrest Minick
919 Congress, Suite 800
Austin, Texas 78701
2. Houston Lighting 6 Power
611 walker
Houston, Texas 77002
3. Carlson company
Ask Mr. Foster-South
P. 0. Box 26913
Austin, Texas 78755
4. Lichliter/Jameson i Associates, Inc.
11111 Booklet Drive, Suits 100
Houston, Texas 77099
{
5. Independent Title Association of Texas, Inc.
700 Travis Strut
Houston, Texas 77002
6. Chiropractic Society of Texas
2214 Hemphill
Fort Worth, Texas 76110
7. Wholesale Beer Distributors of Texas
406 San Jacinto Building
Austin, Texas 78701
8. Fort Worth Transportation Authority
P. 0. Box 1477
Fort Worth, Texas 76101
9. Texas Society of Certified Public Accountants
1421 West Mockingbird Lane, Suite 100
{ Dallas, Texas 75247-4957
10. COS Corporation
7171 Forrest Lane
Dallas, Texas 75230
11. Trinity River Authority of Texas
P. 0. Box 60
Arlington, Texas 76010
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TRY --minow -Vqx~ --IF
dam
9900 SOUTH TOWER PCNNtOIL PLACE
BRACEWELL ~c PATTERSO N HOVSTON.TCAAS 77002-0741
TI3 all 1900
TELEX 14 4141
1000 X STREET N. W.
100 CONORESS AVCNVE WASHINOTON.0 C.20000 1009
AUSTIN,TERAS 78701.4042 tot et4 loco
rcuX e9 tsTt
SIR 472 7800
it pR03V[NOR SO WPC
LONDON WIX COT
f OI 491 4303
?,SOMAS A. IOP3ES TELEX 23439
.A.iNER
August 11, 1988
M.-. Jiro Runyard
Treasurer
City of Denton, Texas %'J
Municipal Building
Denton, Texas 76201
Dear Mr. Bunyard:
I have enclosed the questionnaire which I received from you.
I hope that it provides you with the type of information
which you desire.
As we discussed on the telephone the other day, we are very
interested in working with the City of Denton, and I would
like very much to have the opportunity to visit with you to
expand upon the information which we have provided in
questionnaire. Additionally, I will be happy to provide you
with references should you desire them.
With regard to the information supplied in the question-
nairs, I would ask that you not contact any of the listed
clients without our prior knowledge. We understand that you
need this type of information to fully assess our capabili-
ties and we will be happy to put you in touch with someone
at these clientsO offices. However, as a general rule we 3
consider our client list confidential so we do not provide
it unless there is a special situation such-as this is.
After you have had a chance to review this material, I will
look forward to discussing it with you in greater detail.
Very truly yours,
Brac well 6 Pa terson
Thomas A. Forbes
s
TAP/bh
Enclosure
TAF\07090131
1
ti0h DPatEWELL aaTtEP50N 7l. i.i39~ IS~1• v• ~
TROMAS A. TORDIA
loo Congress Avenue
suite 1900
Austin, Texas 78701
(512) 172-7800
PERSONAL
Excellent Health
Borne Georgetown, Texas
Married
' EDUCATION
Saylor University School of Law (JD, 1975)
Southwestern University (BA, 1971)
rHPMYMENT
Bracewell 6 Patterson, 1907-present
Groce, Looka i Hebdon, Austin, Texas, 1986-1907
Stons i Forbes, Austin, Texas 1979-1966
sole practitioner, 1977-1979
State Bar of Texas, 1975-1977
Director of Governmental Affairs
Counsel to stets Bar of Texas Insurance Trust
Executive Assistant to the Executive Director
Criminal Defense Lawyers Project Director
Texas Automobile Dealers Association - Legislative
i Consultant, 1975 1
Staff of Congressman W. R. Poage, 1973
Staff of United States Senator Sam Nunn, 1972
Chapter Consultant Kappa sigma Fraternity, 1971-1972
Greeter Gan Antonio Chamber of Commarce - Management
Intern, 1971
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IJOHORS AND ACTIVITIES
Southwestern University
Students' Association President
Blue Key
Student Leadership Award, Southwestern University E
Alumni Association, 1971
Who's Who in American Colleges and Universities,
1971
Mask and Wig Players
FROM BRACEWELL egitERi9N It. i.t998 16115 R. S
Page 2
Baylor University School of Law
Phi Delta Phi Legal Fraternity - Clark/Historian,
Vice President _
Co-chairman, Phi Delta Phi Freshman orientation
Southwestern University at Georgetown
Board oP Trustees 1971-1973, 1984-1988
Southwestern University at Georgetown Alumni Association
President, 1984-1988
Board of Directors, 1976-present
Chairman, Austin Alumni Fund Drive, 1976-1977
Class Agent, 1980
American Bar Association
House of Dalegatas, 1983-1985
special commission on Inter-American Affairs,
1985-1987
Standing Committee on Law and the Electoral Process,
1983-1987
Young Lawyers Division
Assembly Speaker, 1982-1983
Assembly Clark, 1981-1982
Director of the Division, 1980-1981
Long Range Planning Committee
Chair, Legislative Action Committee, 1978-1980
Chair, Resolutions Committee, 1981-1982
Section of Administrative Law and Regulator Practice
Chair, State Administrative Law Committee
Fallow, American Bar Foundation
State Bar of Texas
Administrative and Public Law Section
Chairman, 1984-1985
Council, 1980-present
Vice-Chairman, 1981-1983
Secretary, 1980-1981
Committee on State Legislation in the Public Interest
Chairman
Long Range Planning Committee
Presidential Citation, 1979
ra110w, Texas Bar Foundation
Texas Youngq Lawyers Association
Lagislativa Committee Co-Chairman, 1978-1979
Now Lawyers Orientation Committee Chairman, 1979-1986
Town Nall Committee Chairman, 1980-1982
Board of Directors, 1984.1985
• I:kDh 9RALEWELL PATTERSON il. ?.1?99 16115 p,
Page 3
Travis County Bar Association
Lawyer Referral Service committee
Austin Young Lawyers Association
ABA Liaison Committee Chairman, 1981-1982
Awards Committee Chairman, 1982-1983
American Judicature Society, Director, 1983-1989
National Association of Bond Lawyers
Federal Bar Association
Leadershi Austin, 1981-1982
Curriculum Committee, 1987
Curriculum Committee, Co-Chair, 1988
Westminister Presbyterian Church
Board of Deacons, Vice-Chairman, 1981
Service Committee, Chairman, 1979-1981
Austin Council on Foreign Affairs
University of Texas McDonald Observatory
Board of Visitors
Admitted to Practices
Texas
United States District Court for the Western District
of Texas E
United States Court of Appeals, Fifth Ctrcuit
United States Supreme court
• 3
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CITY OF DENTON
LOBBYIST QUESTIONNAIRE
1. Government agencies you have contracted with.
State Bar of Texas
Houston Independent School District
San Jacinto Junior College District
2. Private sector firma you have contracted with.
In the past, I have represented:
Texas Academy of Family Physicians
Texas Opthamoligcal Association
Lumbermens Association of Texas
American Automobile Association
plus those listed in Item 10. below.
j 3. Experience in lobbying efforts.
Bracewell & Patterson has been involved in governmental and legislative
matters throughout the firm's history.
I have been practicing law in Austin since my graduation from law school
13 years ago. My practice has always contained a large segment of
legislative representation. My practice has now evolved into one which
is almost exclusively regulatory and legislative in nature.
4. Successes in your lobbying efforts.
I would characterize my successes in lobbying in three areas: I
(1) While representing the State Bar of Texas: the passage of a large
number of individual bills on behalf of the bar and its many sections.
While representing the State Bar it sponsored no less than twelve sepa•
rata pietas of legislation in any session. over twenty pieces of sepa•
rate legislation were sponsored by the Bar in one session. In each of
these sessions, over 80% of the Bar's bills were passed and signed into
law. In addition, I was responsible for defending the Bar against
attempts to place its funds in the State Treasury, to remove the Bar from
the jurtsdiction of the Supreme Court of Texas, and other measures which
were detrimental to the interests of the Bar, j
i
(2),. Preparation of the State Bar's self•evaluation for the Sunset review
process and the passage of the redrafted State Bar Act.
(3) The redrafting of the Physical Therapy Practice Act and the passage
of that bill by the legislature as a part of the Sunset process.
City of Denton
Lobbyist Questionnaire
Page 2
(4) Securing the veto of a bill which would have changed the uniform
election days for school elections.
There are other successes which I could point to but which are less
concrete, such as effectively defending our clients against adverse
I interests, raising the awareness of the legislature about particular
problems of various clients who I have represented, and the successful
amendment of bills to the advantage of our clients.
5. Failures in your lobbying efforts.
The failure of the legislature to remove the restriction on physician
referral in the practice of physical therapy. This legislation was
considered by the legislature during the last session and we were opposed
by the medical association and chii.;oractic association.
6. Special expertise.
I
(1) drafting and interpreting ceaplex pieces of legislation; (2) recog-
nizing and successfully dealing with potential problem legislation
introduced by otters; and (3) thirteen years of good relationships with
tho varied factions of the legislature and the bureaucracy.
7. General areas that you have lobb.ted for.
1. Health cars.
2. Amondments to corporate, partnership and business statutes.
3. Taxation.
4. Hazardous waste.
S. 011 and gas. l
6. Chemical manufacturing. f
7. Professional licensing and regulatory issuer,
F
8. Availability.
I Our firm is available to work with the and would value the opportu-
nity to do so. It appears to as that tha issues which face cities like
the City of Denton era increasing in complexity and will regtire knowl•
f
edge and expertise to actively advocate on your behalf.
9. How do you bill? what are the options?
Typically, we bill in three ways:
{ (1) Hourly rote plus our expanses. The bills for the services world be
rendered on a monthly basis.
I (2).• Sat Retainer to be paid monthly. This would allow you to budget a f
get amount for this enterprise. This fee would not increase even if the
time we spent on your behalf increased.
i
(3) Hourly rate with a ceiling on the amount which would not be exceek-
ad.
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• City of Denton
Lobbyist Questionnaire
Page 3
We are very flexible in this regard and we are confident that we could
work out a fee arrangement which is satisfactory to you.
10. Current clients (if available),
Sterling Chemicals, Inc. (commodity chemicals manufacturing)
Parker Brothers & Co,, Inc. (construction materials)
Southdown, Inc. (oil and gas exploration and prods)ction, cement
manufacturing)
Texas Physical Therapy Association (professional society)
American Society of Landscape Architects-Texas Chapter (professional
society)
Houston Independent School District (public education)
Houston Sports Association (workers' compensation, taxes, tourist issues)
TAF\07090009.DOC
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CITY OF DENTON CITY COUNCIL MINUTE'S
October k, 1989
` The Council convened into the work Session at 5:3U p.m. in the
r` Council Chambers.
PRESENT: Mayor Stephens: Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
1. The Council held 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 locatr.,d approximately 1,200 feet north
of I-35 and extending to Pecan Creek. (2-88-013 and z-1861)
Lloyd Harrell, City Manager, stated that this fairly major
zoning item had been before the Council on a number of
different occasions in different forms. Staff would be
reviewing for Council the zoning proposal that was scheduled
for the next regular meeting and the history of the zoning
proposal as it had developed over the years. Staff would also
be asking for requests from Council for additional information
needed before the next muting.
Cecile Carson, Urban Planner, stated that staff was originally
requested by a property owner in the area to annex property in
1984. That owner was proposing a development for a mobile home
park and residential lots on 6000 square feet and estate lots
on 470 acres of property. The annexation was completed in
1984, but the owner did not proceed with any zoning changes at
that time. In 1985F Miller of Texas (now RMB Realty, Inc.),
began working with the staff to annex additional property and
consider a planned development for approximately 690 acres of
land (original zoning case dealt with by Council in 1986).
That proposal went to the Planning and zoning Commission in
December of 1985 and was approved by a 3-2 vote and forwarded
to the Council in January of 1986. At that meeting, the
Council requested physical impact analysis, environmental
impact analysis and other information. The public hearing was
tabled until February 41 1986 when the Council recommended that
an ordinance be prepared. At that time, there were still a
number of questions in the staff's mind about ordinance
requirements, how improvements would be done, etc. and it took
about a year to prepare the ordinance which was adopted by the
Council on January 6, 1967. Before that document was approved,
the representatives of Miller of Texas and Metroplex
Engineering began presenting the staff with annexation and
zoning proposals for additional land. That included a 66 acre
parcel that abutted Highway 380 and extended to the south to
just north of Blagg Road and additional property in the south
(property now called Southview). The annexations were
completed for the property and staff worked with staff from
Carter and Burgess and RMB Realty, Inc. in an attempt to reduce
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City of Denton city council Minutes
October 4, 1988
Page 2
the density and intensity in Lakeview. In 1984, there was a
request for annexation and zoning for manufactured housing of
66,5 acres in the Southview area. This was an extremely
ofcontroversial
f ctors# theq requestthwas edenied. About a based month on
later, number
proposal for SF-7 lots along Pockrus Road and estate lots along
Swisher Road was submitted along with the manufactured housing
subdivision on the remaining portion of the property. That
planned development was approved by the city in 1984. The
current request for Southview would request a repeal of past
zoning ordinances and replace it with a new proposal. After
working with RMS Realty and Carter and Burgess, staff received
a revised plan foi zoning in June of 1987. The proposal was
not submitted to ,he Planning and Zoning Commission until June
of 1988 for public hearing. In between there were a number of
questions about moderate intensity areas particularly in the
I Southview area. That
f 1988, The Planning andrZoning Commission deniednthe early al
submitted in June of 1988 for Lakeview and the Southview
proposal was withdrawn from the agenda, After the zoning case
was denied by the Commission, the petitioners submitted a
revised proposal for Lakeview which was scheduled for the July
27, 1988 agenda, That proposal was recommended by a vote of
4-3 by the Planning and zoning Commission, The Southview
proposal again met with some opposition and concern from the
area residents. The petitioner requested that the item be
tabled until the September 14, 1988 agenda which would provide
them an opportunity to revise the plan and meet further with
! the neighbors. At the September 14, 1988 meeting, the Planning
E and Zoning Commission recommended approval of the Southview
proposal, Carson reviewed the policies for zoning and how the
proposal met those policies, (Exhibit A).
Council Member Ayer asked why the amount of park land was
reduced in the Lakeview proposal. f
Carson replied that there had been a reduction in the number of
units in the area so the standard for that area decreased.
i
Ayer asked if Southview had the same reason for park land
reduction.
Carson replied yes.
Council Member McAdams asked if the property that needed to be
elevated would be done so before the
property was dedicated,
Carson replied that the Parks Department and the School
District had requested that the school site in the Southview
area either have materials placed where the property could be
elevated or elevate a tract so that there would be a large
enough area for a school. In the other areas, provisions had
not been made for that.
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City of Denton City Council Minutes
October 41 1988
Page 3
Council Member Ayer asked about the memorandum dated July 27,
1988 from Assistant City Attorney Joe Morris concerning the
dissolution of the RUD District, Would an ordinance be
presented either before or at the same time the Council was
considering the zoning case.
Harrell replied that the Attorney's office had prepared an
ordinance and needed an indication from Council on when they
wanted to consider the ordinance.
Consensus of the Council was to consider the ordinances
concerning the RUD and the zoning at the same meeting.
2. The council held a discussion of the proposed new
Airport Master Lease Agreement.
Rick Svehla, Deputy City Manager, reviewed the language of the
form lease to be used for all the beginning negotiations for
future tenants at the Airport. The Master Lease would be
tailored to fit each specific contract.
Council Member Boyd stated that a lease would be hard to
administer if it deviated from the master lease due to the
length of the lease. He suggested making notes where a lease
deviated from the master lease.
Debra Drayovitch, City Attorney, felt that the master lease was
good as it set standards for all leases and established
performance standards.
3. The Council convened into the Executive Session to
discuss legal matters (considered intervention in Flow {
Bankruptcy Proceedingsl, real estate (considered Fire Station
sites - pulled by staff), personnel and board appointments.
The Council convened into the Regular Session at 7:04 p,m. in
the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
The Mayor presented the following proclamations:
A, National Mental Illness Awareness Week
B, National Quality Month
C. National Fire Prevention Week
D. Court Observance Week
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City of Denton city council minutes
October 4, 1988
Page 4
1. The Council received a citizen's report from Lloyd
McGuire concerning street venders and solicitation permits.
Mr. McGuire stated that he felt street vendors were starting to
make the City look like a slum. There needed to be some sort
of regulation in regards to type of operation on the streets,
Street vendors produced no revenue for the City and took
advantage of residents as there was no recourse if the
merchandise was poor. He presented a copy of an ordinance from
the City of Dallas regarding street vendors and asked the
Council to consider better regulations for street vendors.
2. The Council considered approval of a request from the
University of North Texas to hang banners from selected City
streets announcing UNT Homecoming 1988.
Susie Autrey, Office of Advancement, requested approval from
the Council to hang banners at the following streets: Locust
and Parkway, Eagle Drive and Avenue D, Hickory and Avenue A,
Avenue E and Highland, and Welch between Highland and Maple.
Alexander motioned, McAdams seconded to approve the request.
Motion carried unanimously.
3. Public Heariii;d
A. The Council considered a request for changing a
street name from Highview Court to Tree Crest Place. (The
Historic Landmark Commission and the Planning and Zoning
commission recommended approval.)
l
The Mayor opened the public hearing,
No one spoke in favor.
i
Jennifer Ragsdale, representative for the residents of Highview
Court, spoke in opposition. She displayed a map of Highview
Circle and Highview Court and stated that part of the p.~blem
in the area was the fact that the street was not signed
properly at both ends of Highview Circle. Changing the street
signs to indicate Highview Circle or Highview Street at both
ends would eliminate a lot of confusion. It would be very
costly for the residents of Highview Court if the street name
were changed, She asked if a change had to be made, a 100 be
put in front of the house numbers on Highview Court. Ragsdale
listed 17 streets in the City of Denton with the exact same
problem and those residents were not being asked to change
their street names, She presented a petition against the name
change signed by the residents of Highview Court.
City of Denton City Council Minutes
October 4, 1988
Page 5
The Mayok closed the public hearing.
Elizabeth Evans, Planning Administrator, stated that this was a
request by a citizen living on Highview Circle which was
forwarded to the Historic Landmark Commission for
consideration. The Commission determined that a smaller number
of p;•ople would be affected by changing the name of Highview
Court than Highview Circle. A letter was sent to the residents
of Highview Court notifying them that a change was being
considered and requesting input for a new street :ame. The
Historic Landmark Commission recommended Tree Crest Place to
the Planning and Zoning Commission. The Planning and Zoning
Commission recommended approval of the name change to the City
Council.
Council Member McAdams asked if any consideration was given, if
the problem was based on the implementation of 911, of what the
City planned to do with all the other streets with a similar
problem.
Evans replied that a program would have to be implemented to
change other street names to bring the City into the 911 system.
McAdams stated that if this was a serious problem for 911 that
the Council should look at all of the streets with this problem
anA not single out one street. If all of the streets needed to
be changed in order to make the system work, that was one thing
but doing one street at a time was not appropriate.
Council Member Alexander asked who from 911 stated that the
streets needed to be changed.
Evans replied that her information had come from the Fire j
Department.
Mayor Pro Tem Hopkins stated that the residents on Highview I
Court had received a notice from the Historic Landmark
Commission regarding a name change but the notice did not
invite the residents to the meeting. They did not understand
that they were to attend the meeting and thus did not
understand that they could also attend the Planning and Zoning
Commission meeting. This should be a policy decision of the
City and not change a street name because a resident was
inconvenienced. Her understanding was that the request did not
come from 911 but from a citizen. If the Council was going to
change the street, then work sessions were needed with staff
and residents.
City of Denton City Council Minutes
October 4, 198F
Page 6
Lloyd Harrell, City Manager, stated that he would check with
the 911 Coordinator for the need to change street names where
similar street names were in place. If the Police and Fire
Departments were asked about operational problems they have,
similar street names would be a problem. Those departments
would recommend changing all similar sounding names.
Hopkins motioned, Alexander seconded to deny the ordinance.
Council Member Gorton stated that there seemed to be many
problems with street signs and that the signage should be
corrected.
Ayer motioned, Boyd seconded to postpone action for two months
pending further staff investigatiol, On roll vote, McAdams
'aye,' Alexander 'nby,' Hopkins "nay," Gorton 'nay," Ayer
'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried
with a 4-3 vote.
B. The Council conducted a public hearing on the
renewal of a franchise agreement by and between the City and
Sammons Communications, Inc.
The Mayor opened the public hearing.
Gus Seligmann, Chairman - Cable Television Advisory Board,
presented the major terms of the agreement. (Exhibit B)
John Enlow, Manager of Sammons communications, complemented {
staff and the Cable Board for a very thorough review of the
operations,
+
The Mayor closed the public hearing, f
4, Consent Agenda 1
Ayer motioned, Hopkins seconded to approve the Consent Agenda i
as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #9900 - Used Data Processing Equipment
2, Bid #9897 - Janitorial Services
3. PR 0102272 - General Electric - Unit #5
turbine - $53,140
4. PR 1102274 - General Electric - Unit 05
turbine - $99,500
City of Denton City Council Minutes
October 4, 1988
Page 7
5. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of material:, equipment, supplies or -
services.
The following ordinance was considered:
NO. 88-156
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye," Boyd 'aye," and mayor Stephens
'aye." Motion carried unanimously.
B. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bide.
The following ordinance was considered;
NO. 88-157
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye,'
Gorton 'aye,' Ayer 'aye,' Boyd "aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
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City of Denton City Council Minutes
October 4, 1988
Page 8
C. The Council considered 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 southeast corner of Cooper Creek Rcad and Mingo Road.
(Z-1776) (The Planning and Zoning Commission recommended
approval.)
The following ordinance was considered:
NO. 80-158
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
MAXIMUM AMOUNT OF $20000,OD FOR VIOLATIONS THEREOPI
AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye,'
Gorton 'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens
'aye." Motion carried unanimously,
i
D. The council considered 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
10500 feet east of FM 2181. (Z-1778) (The Planning and Zoning
Commission recommended a rov
The following ordinance was considered:
NO. 88-159
I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ?ROVIDING
FOR THE APPROVAL OF AN AMENDED SITE PLAN FOR 30.3
1 ACRES OF LAND WITHIN A PORTION OF THE PLANNED
r 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 HEREINI PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 °OR
VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE
DATE.
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City of Denton City Council Minutes
October 4, 1988
Page 8
C. The Council considered adoption of an ordinance
providing for the approval of as amended site plan for all of
the 5,3 acres of land within the planned development districr
(PD-18) as established by Ordinance No. 74-31 and being located
at the southeast corner of Cooper Creek Road and Mingo Road.
(Z-1776) (The Planning and Zoning Commission recommended
approval.)
The following ordinance was considered:
NO. 88-158
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
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
D. The Council considered adoption of an ordinance
providing for the approval of an amended site plan for
30.3 acres of land within a portion of the planned development
district (PD-22) established by Ordinance No. 81-50, and being
located on the south side of Ryan Road, approximately
2,500 feet east of FM 2181. (Z-1778) (The Planning and Zoning 4
Commission recommended approval.) f
The following ordinance was considered:
NO. 88-159
AN ORDINANCE OF THE CITY OF DENTON$ TEXAS, PROVIDING
FOR THE APPROVAL OF AN AMENDED SITE PLAN FOR 30.3
ACRES OF LAND WITHIN A PORTION OF THE 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 F.M. 2181, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE
DATE.
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City of Denton City Council Minutes
October 41 1968
Page 9
` McAdams motioned, Alexander seconded to adopt the ordinance.
rl On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,'
Gorton 'aye," Ayer "aye," Boyd 'aye," and Mayor Stephens
'aye." Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing the conveyance to Billy Ray Redmon of approximately
5U3 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 (Wilson and
Lakey Streets). (D-45) (The Planning and Zoning Commission
recommended approval.)
The following ordinance was considered:
NO. 88-160
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 APPROXIMATELY 1403 SQUARE
FEET OF LAND OWNED BY BILLY RAY REDMONI AND PROVIDING
FOR AN EFFECTIVE DATE.
Elizabeth Evans, Planning Administrator, stated that this was a
request for property exchange at Wilson and Lakey Streets.
During an evaluation of a preliminary plat for the Redmon
Addition, it was determined that the lot would not meet minimum
lot requirements for SF-7. The City had excess right-of-way
on Wilson Street and the petitioner requested that the
right-of-way be exchanged.
i
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "ay3,"
Gorton 'aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
F. The Council considered 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
` Denton, as set out in this ordinance. (The Citizens Traffic
Safety Support Commission recommended approval.)
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City of Denton City Council Minutes
October 41 1986
Page 10
Rick Svehla, Deputy City Manager, stated that this was a
recommendation from the State Highway Department and the
Citizens Traffic Safety Support Commission.
Council member 3orton expressed a concern for pedestrians
crossing McKinney Street in the area of Mack Park and the
proposed speed limit of 40 miles per hour in that area. He
felt it would be better to place the 40 miles per hour speed
limit beyond the park.
Council Member McAdams also stated that she would like to see
the speed limit of 40 miles per hour be after the park.
Council did not take any action on the item and referred it
back to the Citizens Traffic Safety Support Commission.
G. The Council considered adoption of 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 and
providing for the expenditure of funds pursuant to said
contract.
The following ordinance was considered:
NO.88-161
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 24991 E
PROVIDING FOR THE EXPENDITURE OF FUI4DS PURSUANT TO
SAID CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander 'aye,' Hopkirii "aye,"
Gorton 'aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
approving a contract between tho City of Denton and the North
Texas umpires Association for officiating softball games for
City leagues.
The following ordinance was considered:
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City of Denton City Council Minutes
October 4, 1988
Page 11
NO. 88-162
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF
M DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR
OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES AND
DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Boyd seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye,'
Gorton 'aye," Ayer 'aye,' Boyd 'aye," and Mayor Stephens
'':pa.' Motion carried unanimously,
1. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Doug Arnold
6 Associates, Inc, for consulting services and the performance
of an audit of the City's telecommunications services.
The following ordinance was considered:
NO. 88-163
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH DOUG ARNOLD 6 ASSOCIATES, INC. FOR
CONSULTING SERVICES AND THE PERFORMANCE OF AN AUDI^ OF
THE CITY'S TELECOMMUNICATIONS SERVICES= AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR? AND PROVIDING AN
EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this was the first
stage for this agreement to audit the amount of money the City
pays for phone service with GTE and its long distance carrier.
6. Resolutions
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A. The Council considered approval of a resolution
changing the regular Council meeting of December 6, 1988 to
December 13, 1988.
The following resolution was considered:
RESOLUTION NO.R88-060
A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF
DECEMBER 61 1988 TO DECEMBER 13, 19887 AND PROVIDING
FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
October 4, 1988
Page 12
B. The Council considered approval of 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 such bonds and the
use of the proceeds of such bonds; and making certain findings
` in connection therewith.
f The following resolution was considered:
RESOLUTION NO. R88-061
A RESOLUTION BY THE CI:'Y COUNCIL OF THE CITY OF
i DENTON, TEXAS, RELATING TO THE ISSUANCE OF B014DS BY
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.;
{ APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF
r THE PROCEEDS OF SUCH PONDS; AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH.
' John McGrane, Executive Director for Finance, stated that the
resolution was for $100,000,000 worth of bonds to purchase
student loans which should cover a three year period. Under
the resolution, it was stated that the City of Denton did not
take any responsibility for the administration of the program
nor the repayment of the bonds.
Mayor Pro Tem Hopkins stated that she would like an opinion
from the City Attorney in regards to the City's possible
liability for the bonds.
Debra Drayovitch, City Attorney, stated that she had been in
contact with Paul Holton, McCall, Parkhurst and Horton,
regarding this matter and Mr. Horton advised that the City had
no liability and that it would be unconstitutional for the City
to be responsible for the debt. There was no legal obligation
on the part of the City.
McGrane stated that he had also spoken with Mr. Horton and
Horton had assured him that there was nothing legal which would
bind the City of Denton to the bonds. Horton had also spoken
to the bond rating agencies with regards to similar type
matters and was assured by the bond rating agencies that it
would have no effect on the City if the bonds went into default.
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Shelby Beer, Fulbright & Jaworski, and Victor Bloede, Hatcher &
Company, both reassured the Council that the City of Denton
would not be responsible for the bonds.
McAdams motioned, Boyd seconded to approve the resolution. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
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City of Denton City Council Minutes
October 9, 1988
Page 13
C. The Council considered approval of a resolution
authorizing entry into an interlocal agreement by and between
the City of Denton and the County of Denton relating to library
services for fiscal year 1988-89.
The following resolution was considered:
RESOLUTION NO. R88-062
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
Alexander motioned, McAdams seconded to approve the
resolution. On roll vote, McAdams 'aye," Alexander "aye,"
Hopkins 'aye,' Gorton 'aye,' Ayer 'aye," Boyd 'aye,' and Mayor
Stephens 'aye.' Motion carried unanimously.
D. The Council considered approval of a resolution
authorizing entry into an interlocal agreement by and between
the City of Denton and the County of Denton relating to
ambulance service for the fiscal year 1988-89.
The following resolution was considered:
RESOLUTION NO, R88-063
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY
FOR AMBULANCE SERVICE; AND PROVIDING FOR AN EFFECTIVE
DATE
Alexander motioned, Hopkins seconded to approve the
resolution. On roll vote, McAdams 'aye,' Alexander "aye,'
Hopkins 'aye,' Gorton 'aye,' Ayer 'aye," Boyd 'aye,' and Mayor
Stephens "aye." Motion carried unanimously.
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1. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, stated that he did not have any
items for the Council.
8. There was no official action was taken on Executive
Session items of legal matters, real estate, personnel or board
appointment.
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City of Denton City council minutes
October 4, 1988
Page 14
9. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Boyd asked that the Park Board
consider what would be done with the park land dedicated from
the Lakeview and southview projects.
B. Mayor Pro Tem Hopkins asked to have the timing of
the signal lights at Teasley adjusted until the street was
reopened to held reduce the amount of traffic congestion.
C. Mayor Pro Tem Hopkins asked for an investigation
into the street signs on Highview Circle and Highview Court to
be sure they were correct. Once they were correct, a letter
might be ssnt to the residents informing them of the correct
name of the street to help eliminate the confusion associated
with the two streets.
10. The Council did not meet in Executive Session
following the regular session.
With no further business, the meeting was adjourned at 8:55 p.m.
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RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
1
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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2993C
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CITY OF DENTON CITY COUNCIL MINUTES
October 11, 1988
The Council convened into a Special Call meeting at 5:39 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Boyd, Gorton and McAdams.
ABSENT: Council Member Ayer
1. The Council considered adoption of an ordinance
annexing 135 acres located south of Mills Road, east of Mayhill
Road, and north of McKinney Street adjacent to existing city
limits. (A-55) (The Planning and Zoning commission
recommended approval.)
The following ordinance was considered:
NO. 88-
AN ORDINANCE ANNEXING A TRACT OF LAND CONTINUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL OF
THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 115.0 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON# STATE OF TEXAS AND
BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL 'A' DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
Cecile Carson, Urban Planner, stated that the Planning and
E Zoning Commission had recommended to approve the annexation
with a vote of 6-0. Based on State statutes, the final date of
annexation would be January 90 1989. The last possible date as
far as Council meetings was January 41 1989. Staff had
determined that those individuals who may be selling their
properly to the School District could make agreement with the
District to be responsible for the taxes on the property. The
original time frame for action on the annexation was final
action on November 18, 1988.
Council Member Gorton requested a staff report regarding
appraised values of property in the area - what recently had
sold, what, the sale price was and what the appraised value was.
Mayor Pro Tem Hopkiiis asked if the Council needed to vote on
the issues at this particular meeting or could they postpone
action until a later date.
Carson replied thtt in order to meet State statutes, the
Council needed to institute the annexation at this meeting.
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City of Denton City Council Minutes
October 11, 1988
Page 2
Council Member Alexander asked that even as late as January 4,
1989, certain properties within that area of proposed
annexation could be removed from the plan.
Debra Drayovitch, City Attorney, replied that the Cite Charter
stated that the correct legal description must be in place when
the action would be considered. That might require a
re-publication of the legal description.
Hopkins motioned, McAdams seconded to approve the ordinance.
On roll vote, McAdams 'aye,' Alexander aye, Hopkins 'aye,'
Gorton 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion
carried unanimously.
Alexander motioned, McAdams seconded to instruct the staff to
place the annexation item A-55 on the November 15, 1988 agenda
for further consideration. On roll vote, McAdams 'aye,'
Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Boyd 'aye,' and
Mayor Stephens 'aye.' Motion carried unanimously,
2. The Council considered approval of a resolution
authorizing the closing of Avenue A between the intersection of
Hickory Street and Mulberry Street on Thursday, October 131
1988.
The following resolution was considered:
NO. R88-064
A RESOLUTION TEMPORARILY CLOSING AVENUE A BETWEEN THE
INTERSECTION OF HICKORY STREET AND MULBERRY STREET ON
THURSDAY, OCTOBER 131 19880 AND PROVIDING AN EFFECTIVE
DATE.
Douglass woodruff, Pi Kappa Alpha, requested that the street be
closed on October 13, 1988 for a Homecoming pep rally for UNT.
He stated that the players from the football team would be
speaking, the cheerleaders would be there along with the Song
Leaders.
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Council Member Gorton asked where was the Pi Kappa Alpha's
actual meeting place.
Woodruff replied that they did not have a house as of yet but
were meeting at the Student Union, fourth floor.
Gorton stated that he only saw names of businesses on the
petition, no actual signatures of the owners or operators of
the businesses. He stated that he could not accept the
petition as being valid without the signatures of the owners or
the operators of the businesses. He also asked if there was
any intent to sell liquor during the function.
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City of Denton city council Minutes
October 11, 1988
Page 3
Woodruff stated not by Pi Kappa Alpha fraternity but that some
of the businesses on Avenue A would be as they usually did.
Gorton stated that he did not see, on the petition, the names
of the businesses that sold alcoholic beverages.
Woodruff replied he thought there were three businesses, The
Flying Tomato, the Gravity Room and the State Club on the
street. He had not seen the petition as he was not in charge
of getting the signatures.
Mayor Stephens asked if it was Woodruff's understanding that
the signatures did represent those of the owners/managers.
Woodruff replied yes.
Gorton stated it did not. There was one establishment that
sold alcohol that was not on the petition - the Green Derby.
He had had contact with the owner who was in opposition to the
street closing.
Woodruff stated that the fraternity was requesting the street
closure to be 30 yards past his establishment so as to not
interfere with his business.
Mayor Stephens asked if Woodruff knew why the Green Derby was
in opposition.
Woodruff stated he did not.
Council Member Boyd asked Woodruff if he had any knowledge if
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the signatures were the signatures of the owners. E
Woodruff replied that his understanding from Kyle Scruggs, the
individual in charge of the petition, the signatures were
actual signatures from the owners/managers.
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Council Member McAdams stated that her chief concern was the
outdoor music until midnight on a week night.
Woodruff stated that there would be no outdoor music or
speakers because they did not want to bother any one in the
neighborhood. The Gravity Room was having a band play that
night and they would have the doors open to the establishment
but there would be no outdoor speakers. I
McAdams asked if the outdoor music was approved but
causing a disturbance, were there any legal means was
discontinue the music.
City of Denton City Council Minutes
October 11, 1988
Page 4
Mayor Stephens replied that the Council could impose such
` conditions.
f Hopkins asked if it would be possible for the fraternity to go
f back and get the actual signatures of the owner or manager from
the businesses and return it back to the City by noon on
Thursday.
McAdams stated that at least one business was objecting and the
fraternity would not be able to get that signature.
Mayor Stephens asked what percentage would be accepted of the
businesses in the area.
Steven Pollard, Pi Rappa Alpha, stated that what was going to
` go on Thursday night was not very different from what went on
every i'hursday night. They wanted to harness some of that
energy, block off Avenue A and have a Homecoming spirit rally.
Mayor Stephens asked if the fraternity was taking the
responsibility of cleaning up the street after the rally.
Pollard replied yes.
McAdams stated that she wanted to include some provision that
if the music was excessive at 11:00 p.m., then the doors from
wherever the music was coming from needed to be closed.
Mayor Stephens felt that that was too late.
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Pollard stated that they were requesting the street be closed
at 7:00 p.m. in order to set up for the speakers to begin at
8:04 P.M.
Gorton stated that no matter where the street was closed, there
would be a potential traffic confection problem. People would
be parking all along that area, limiting an individual business
person's access by the general public. He also had a concern
with the comment from Mr. Pollard that if this was no more than
what went on every Thursday night, why was there a need to
close the street. He asked if the University was not having a
pep rally on campus.
Pollard replied that they were requesting the street be blocked
off so that no one would get hurt during the pep rally. he
stated that a member of the fraternity, who was a partial owner
of the State Club, had approached the fraternity with the idea
of a pep rally to show support for the school.
Woodruff stated that on Friday night there would be an annual
bonfire at the golf course by the Sheraton. This event was in
addition to that one.
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City of Denton City Council Minutes
October 11, 1988
Page 5
ih Gorton stated that there was a member of the fraternity, who
was part owner of the State Club.
Pollard replied that he was an inactive member, an alumni.
Gorton stated that, in essence, the fraternity was asking the
City to approve a closure of a street to benefit a sole
proprietor of a liquor-selling business so that the
participants would be captive and would go in and buy liquor at
that establishment.
Pollard replied that Mr. Gor"on could see it that way but that
was not the intent. The State Club was not hurting for
business. The fraternity thought this would be a good way to
show support for the University and the football team.
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Margaret Johnson, a resident in the area, stated that Thursday
night would be no different from every Thursday night. She had
talked to the fraternity representatives before the meeting and
felt that the students should be allowed to have a good time.
She felt that it could be a nice affair if they have what they
plan to have. If it was going to be a big beer bust like Fry
Street, then she was opposed to it. She stated that parking,
bathrooms and clean-up needed to be addressed.
Mayor Stephens asked what could be done about the parking in
the area. Did the street need to be closed at Welch and
Hickory.
Several Council Members replied that there was adequate parking
in the area, with faculty lots and other lots a block or two
away.
Mayor Stephens stated that the Council did not have the
knowledge or assurances from Mr. Pollard and Mr. Woodruff that
the signatures on the petition were actual permissions, He was f
concerned that the petition might be just a contact list and
not necessarily the approval list.
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Mayor Pro Tem Hopkins stated that perhaps staff needed to look
into the possibility of requiring future petitioners to furnish
outdoor bathrooms, and take care of clean-up or put up deposits
for clean-up.
McAdams motioned, Boyd seconded to approve the resolution with
the following changes: (1) the boundaries of the street closure
would' be from the southern portion of Hickory Street to the
northern boundary of the property line of the Green Derby on
Aven:e A and (2) the outdoor music would end at 11:00 p.m.
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City of Denton City Council Minutes
October 11, 1988
Page 6
McAdams stated that the street should remain closed for an
additional hour after the music has stopped to allow for
clean-up of the street with,)ut the threat of traffic on the
` street.
11 Council Member Alexander referred to the phrase 'all abutting
property owners of the street' and asked if Council was
comfortable assuming that the businesses listed had given their
consent. If they had, were all of the businesses listed within
the limits of the closed portion of the street.
Cecile Carson, Urban Planner, stated that there were some
vacant properties that were not listed as having been contacted.
Pollard replied that the only business he could ~.hink of that
was not listed on the petition was the State Club and did not
j know why it had been left off as they were in favor of the
f street closure.
Lloyd Harrell, City Manager, stated that since that phrase was
in'the 'whereas' section and did not have an effect on what wa,,
to be done, it could be removed if the Council .as
uncomfortable with it.
Council Member Gorton noted that as he looked at t)•, list of
i those who had apparently given their approval, he .nly saw two
of three businesses that were open at night 1%iat had given
their approval and one had not. All of ',pie rest of the
businesses were not affected. The rest of bae signatures could
be thrown out as mute and the Council .gad to apply who was j
being affected and what hours were hang affected. Only one
out of three open was being affer'.ed by the closing of the
street - even though that businep, was excluded from the actual
portion of the street to be :losed. He was opposed to the I
motion.
Alexander motioned, Gr_con seconded to amend the main motion to
strike all referenr.a to street closings, leaving the motion as
! stated with the _xception of all references to street closing.
M On roll vote, McAdams 'nay,' Alexander 'aye,' Hopkins 'nay,'
Gorton 'a,;_,' Boyd 'nay,' and Mayor Stephens 'aye.' Motion
I` failed •Lth a 3-3 vote.
r P,yd motioned, Alexander seconded to amend the main motion to
change the boundaries of the street closing to read the
southern portion of Hickory Street to the north side of the
entrance to the p.rking lot next to the Goose Inn Bicycle
Shop. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins
'aye,' Gorton 'nay,' Boyd 'aye,' and Mayor Stephens 'nay.'
Motion carried with a 4-2 vote.
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City of Denton City Council Minutes
October 11, 1988
Page 7
The Council then voted on the main motion as amended. On roll
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye," Gorton
'nay," Boyd 'aye,' and Mayor Stephens 'nay.' Motion carried
with a 4-2 vote.
3. The Council then convened into Executive Session to
discuss legal matters, real estate, personnel and ';oard
appointments ( held an annual review of the Municipal Judge,
the City Attorney, and the City Manager).
Council reconvened into open session and took the following
action:
A.McAdams motioned, Boyd seconded to continue the
employment of the Municipal Judge and granted a 3% salary
increase. On roll vote, McAdams 'aye,' Alexander "aye,'
Hopkins "aye," Gorton 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
B. Gorton motioned, Alexander seconded to continue
the employment of the City Attorney and yranted a 3% salary
increase. On roll vote, McAdams 'aye," Alexander "aye,'
Hopkins 'aye,' Gorton 'aye,' Boyd "aye,' and Mayor Stephens
"aye.' Motion carried unanimously.
C. Alexander motioned, Hopkins seconded to continue
the employment of the City Manager and granted a 31 salary
increase. On roll vote, McAdams 'aye,' Alexander "aye,'
Hopkins 'aye,' Gorton 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
With no further business, the meeting was adjourned at 9:52 p.m.
1
RAY STEPHENS, MAYOR, CITY OF DENTON I
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
2998C
i
CITY OF DENTON CITY COUNCIL MINUTES
October 18, 1988
The Council convened into the Work Session at 5:30 p.m. in the
Council Chambers.
PRESENT: Mayor Stephensi Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and AcAdams.
ABSENT: None
1. The Council received a presentation regarding the
Industrial Pretreatment Program
Howard Martin, Environmental Services Administrator, presented
the program objectives which were to prevent POTW interference
prevent POTW pass through, improve recycling capabilities of
wastewater effluent and sludges, enforce categorical standards,
and reduce health and environmental risks. He listed those
industrial users who were monitored. He stated that the EPA
had audited the program in June and had determined required
program modifications and recommended program changes. The
required modifications included developing technically based
local limits by 194, developing an enforceable contract for
extrajurisdictional wastewater contributors to the Denton
system, beginning routine monitoring of cyanide and total toxic
organics, and initiating inspections and monitoring of
University of North Texas, Texas Woman's University, and area
hospitals. The recommended program charges included issuing
Hermits to Denton state school, University of NOrth Texas, and
Texas Woman's University, modifying and expanding the permit
fo;mat to remove any ambiguity, developing a standardized
industrial user inspection forms, developing a written
enforcement/response guidance document and reassess current
staffing to ensure program effectiveness. Martin provided j
information on how levels of metals had been reduced over the
last four years. He stated that there was good rapport with
industries in the area ar.) that they worked closely with them
to help them get into EPA compliance. The audit confirmed the
need for additional staff in the program.
2. The Council convened into Executive Session in the
City Managr,r's Conference Room to discuss legal matters
City cusind tand he considered retaining inglitcounsel igation)~ represent
estate
(considered selection of a site for a new fire station), and
personnel and board appointments.
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City of Denton City Council Minutes
October 18, 1988
Page 2
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tem H^pkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
1. The Council considered approval of the minutes of the
regular meeting of September 6, 1988, the special call meeting
of September 13, 19880 the regular meeting of September 10,
1988.
Alexander motioned, Gorton seconded to approve the minutes as
presented. Motion carried unanimously.
2. The Council received an update from the 191 Committee,
Jack Miller, Chairman of the ~91 Committee, stated that the
Committee's purpose was to review the spending of funds for
previous bond programs and the 191 CIP, The highlights of the
programs included: (1) Oak-Hickory streets - the project was
proceeding with a lot of input from residents and staff, (2)
Teasley Lane - the project was moving rapidly ahead, (3) Bonnie
Brae - the project would be out for bid near the end of the
year, (4) Woodrow Lane/Burning Tree Drainage/Bridges - the
project was over budget due to buying of right-of-way which was
not anticipated and the Committee was recommending using funds
from the Highway Department, (5) Martin Luther King, Jr.
Recreation Center - construction was progressing well, (6) f
Senior Center - also progressing well, (7) Traffic Controllers
on Carroll and University - the controllers were up and the
computers were in with the software being completed.
3. The Council considered adoption of an ordinance of the
City of Denton, Texas, providing for the abolishment of the
Lakeview Road Utility District, (The Planning and Zoning
commission recommended approval.)
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City of Denton City Council Minutes
October 18, 1988
Page 3
The following ordinance was considered:
NO. 88-164
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE ABOLISHMENT OF THE LAKEVIEW ROAD UTILITY
DIS'TRICTI AND PROVIDIN', FOR AN EFFECTIVE DATE.
Cecile Carson, Urban Planner, state that this was a proposed
ordinance for the abolishment of the Road Utility District that
was created by the 70th Legislature which was entitled the
'Lakeview Road Utility District' and would have allowed for the
construction of the arterial street and other accessory streets
for the project from 135 to U.S. Highway 380. In accordance
with the recommendation of the Planning and Zoning Commission,
in their consideration of Z-008-013 (Lakeview) and Z-1861
(Southview), it was recommended to abolish the road utility
district, In accordance with State procedures, there had to be
a vote of 2/3's of the entire membership of the City Council in
order to abolish the Road Utility District.
Ayer motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander 'aye," Hopkins "aye,'
Gorton "aye,' Ayer 'aye," Boyd "aye,' and mayor Stephens
'aye.' Motion carried unanimously.
4. Public Hearings
A. The Council held a public hearing and considered
adoption of ordinance approving a planned development and
concept plan on property currently zoned planned development
(PD-126) and agricultural (A). Applicant was RMB, Inc. The
request included approximately 867.8 acres of property located
south of U.S. Highway 380 along Trinity Road and Lake
Lewisville and extended approximately 10400 feet south of FM
426 (East McKinney Street). The property was 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 - 171.0 acres with a
density of 3.2 units per acre
Single Family - 7 - 226.8 acres with a
density of 4.3 units per acre
Single Family Attached - 64.4 acres with a
density of 10 units per acre
Cluster Homes - 88.1 acres with a density of
8 units per acre
City of Denton City Council Minutes
October 18, 1988
Page 4
Multi-Family - 59.8 acres with a density of
25 units per acre
Office - 18.2 acres
Neighborhood Service - 12.0 acres
General Retail - 49.7 acres
Light Industrial - 35.8 acres
Community Facility - 10,0 acres
School/Park - 30.2 acres
Park - 34.3 acres
Right-of-way - 67.5 acres
(The Planning and Zoning Commission recommended
approval.) Z-86-013,
The Mayor opened the public hearing.
Alexander Bascom, Robert Bass and RMB Realty, spoke in favor.
He introduced members of his team who had accompanied him to
the meeting,
NOTE: THE FOLLOWING SECTION OF MINUTES IS VERBATIM FROM THE
TAPE RECORDING OF THE MEETING.
Bascom: I believe in the last four months, we have made more
progress on this controversial case, than in the previous four
years. This progress has come directly as a result of more
reasonable expectations on our pact, contintked hard work by 1
your staff, end a willingness on the part of the Planning and
Zoning commissioners as well as yourselves, the Council people,
to meet with me in order to try and build a more reasonable
consensus on this case. Our application this evening
represents our attempts to be more responsive to the interests
and nature of Denton as well as the ideas and issues you have
shared. I truly hope this proposal indicates our commitment to ;
creating and nurturing an effective partnership with the City
of Denton, This partnership can serve as a foundation upon
which to create a planned development
you will be proud of now
and in the future. As preface to my comments to Lakeview, I
would like to focus your attention on a critical aspect of this
evenings material not previously discussed. That is looking at
both projects combined rather than as two separate projects,
An idea which has merit and seems reasonable given the fact
that there is a six lane road that serves as spine connecting
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City of Denton City Council Minutes
October 18, 1988
Page 5
both projects. Obviously, density and intensity are an
important considerations unto themselves and as they reflect
the nature of the proposed development. During your
deliberations this evening, as they relate to each case
individually and collectively, please keep in mind two facts.
Intensity, overall for both projects combined calculated on a
gross basis, is 5% under the Guide standards. Density, overall
for both projects combined calculated on a gross basis, is 4.2
dwelling units per acre. Also, I would direct your attention
to the overall reductions and deletions that have taken place
course over the the last four months h
have deleted 600#000 square feet of retail, 2.1 million tsquare
feet of office, 955 apartment units, 466 single family units
and we have increased our community facilities acreage by 9 Mills
number
Road acres. has As deleted completlyakewe Lakeview adacreased node at
apartments north by
removed acres of r46050tessome odd
idential
units, we have increased the parks by 4 acres and we conform
with all separation policies. Resulting from this proposal are
the following accomplishments, intensity for the entire
Lakeview has been reduced from 1088 over to 5% under the
standards established in your Guide, calculated on a gross
basis. Density has been dramatically reduced from 16 units per
acre to 4.7 units per acre calculated on a gross acreage
basis. Our park land dedication exceeds the City requirement
by some 471 and we have recently agreed to pay for an
additional reclamation of 6 acres. People per acre has been
decreased from 25 to 13.9 people per acre and finally the node
at McKinney is 01 over the Guide requirements, that is that it
meets the standards as set out by the Guide. As with the other
portion of our project, to be reviewed later, we are committed
to dedicating right-of-way for and incrementally building a six
lane road. The ordinance passed this evening refle:ts our
commitment to work with you to abolish the RUD. In rjdition,
the language in the ordinance prohibiting the future s of the
RUD was suggested by us
owneracceptable, in
chose to be completly
property.
close by saying why I
The City of Denton is most unusual in its size and nature as
well as its presence of respected universities. The conversion
of Lake Lewisville will provide a remarkable entity blending it
with topography water a d and tees of recreation our thproplanned perty neighborhotods. The
opportunity to integrate housing into a system or spine of
parks. These assets and attributes creatively blended with
attention to sound planning and quality will afford the City of
Denton a wonderful and controlled growth opportunity to support
future job fotmation. Thank you for your time and
consideration.
City of Denton city council Minutes
October 18, 1988
Page 6
Mayor Stephens: Thank you Mr. Bascom. Any Council Member have
a question for Mr. Bascom. Thank you sir. Is there anyone
else who would like to speak in favor of this proposal. Please
come forward.
Jack Miller, 1006 Burning :ree Parkway, Denton: I'm wearing a
different hat than I was a few minutes ago. I come before you
as a member of the Denton Chamber of Commerce and as Chairman
of the Board of the Denton Chamber of Commerce. We don't
normally come in and talk about individual requests for changes
in planning and zoning but after thinking about this wF-an we
felt that we should speak about it. In speaking about it, we
need to speak for it. You've got a tough job and you've done a
great job over the years in terms of helping Denton to grow and
to grow sensibly. The Planning and Zoning Commission has a
difficult job. This project has had a difficult time up to
this point. But I think what we see here is a cooperation and
a coordination and a compromise of all parties to where we are
going to be able to see that land develop in a sensible way.
Now, not everybody is going to agree with that. But land in
Denton is going to develop and we want it to develop in a
reasonable way. Whether it be land for offices, parka,
schools, industries, whatever. And the way that this has
worked out between the City staff and with the developer, we
think it makes a lot of sense. We recommend that you do
approve it. We feel that the vote here is not just a vote on
an individual project. There are other developers from Dallas
and Fort Worth and other locaLlons that also think like we do
that Denton is a great place to be. And there are people who
want to come in and I am convinced that they do it on a
responsible way, they want it to be a better community as
well. But if we just say no tb all projects, we're going to j
issue a message to developers outside of Denton that we don't
want any development, And I don't think that as a City we can
afford to do that. So I think that this is in keeping with the
guidelines that were spelled out. The changes that were made,
make a lot of sense, we think. And we really believe that it
is to the best interest of the community and that the vote you i
make here will not only be a vote for this project but will
issue a signals for other people who are trying to also develop
in the City of Denton.
i
Mayor Stephens: Thank you Mr. Miller. Any questions Council
might have for Mr. Miller? Thank you sir. Is there anyone
else in the audience who would like to speak in favor of this
proposed ordinance? Anyone else to s eak
p , please come forward.
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City of Denton City Council Minutes
October 18, 1988
Page 7
Kay Wilkinson, Route 2, Box 617A, Denton: Route 2, Box 617 A
in the City of Denton which is the corner of Highway 380 and
Trinity Road on the southwest corner. Which is included in the
15 acre triangle outside of the RMB zoning request. There has
been a concern on my part and I have discussed with the City
and before the Zoning Commission my concerns. Overall, I am in
favor of the RMB proposal. It in very beneficial to the City.
But I have resErvations in accordance with my residential
property because we are currently zoned agricultural, it is my
home, it is a residence. And with the intensity levels, there
has been some concern with the 15 acres being included or not
being included. That at the time that anyone in that 15 acres
would desire rezoning due to the fact to maintain the value of
their property, that they may not be able to do so if they are
not included in the intensity levels and RMB would take up all
I~ those intensity levels. I have been assured through
conversations over and over again, that this 15 acres will be
considered in some way so that if we do desire to rezone, to
maintain our market value on that property, to afford us the
capability of moving somewhere place else, because we will have
to move. Our property will abutt the light industrial and so
we are really going to be locked out as a residential piece of
property where we would want to continue to live and we need to
be afforded the capability of rezoning our property at a future
date and be included in those intensity levels.
Mayor Stephens: Thank you Mrs. Wilkinson. Any council Member
have a question for Mrs. Wilkinson?
Council Member McAdams: No. But I would like to say something
in response to what she is saying because I think too often t
we've had people$ when a zoning case was taking placer make the
assumption that I will support this, because it's going to
enable me to do something else with my property later on. Now
she says she's been talking with staff and she has assurances.
You know, I think she needs to understand, there is no
assurance whatsoever that that land would ever zoned for
anything higher than single family and perhaps large tracts.
That any time you start to look at an area, the who a area may
be looked at and the intensity in the entire area will
generally be considered. So, I don't want you to go away from
here tonight thinking that somehow you have a promise, that is
not worth the air is was breathed into, that you are going to
be able to do something with your property. You may, but that
is strictly chance and depending on whomever site here, and yoi
don't. have any assurance that staff recommendation is going to I
be in favor of that either. And I just want to make that very
clear.
I
City of Denton City Council Minutes
October 18, 1988
Page 8
Mayor Stephens: Thank you. Is there anyone else in the
audience who would like to speak in favor.
Ben Pennell, Route 13, Box 135, Denton: I am here to
compliment and pat on the back RMB Corporation. When I moved
to Denton some six year ago after analyzing properties and
places to buy, one of the areas I did not consider buying was
the southeast quadrant of Denton due to the mishmash of
utilities; mishmas'^ of roadways through there; the difficulties
of mixed patterns r,f housing, especially out towards the lake,
some of the lower priced stuff that had been built out there.
And for a company to come in and to assemble as much land as
they have to solve the problems of people from Aubrey
eventually getting to Dallas, through their six lane divided
roadway and solving a lot of the City of Denton's problems.
The City needs to take a hard look at granting them even more
than they ask because of the immense risk they are taking and
they have already taken and the moves that they have made to
increase the values of properties of everybody in that area and
to bring an area that had been somewhat, maybe a step-chi'.j
neighborhood, into one that will blend into Oakmont, its .eat
development and pull its fine residential developm..it on
through the lake.
Mayor Stephens: Thank you Mr. Pennell. Any qur4tions for Mr.
Pennell? Thank you sir. Is there anyone elF•, in the audience
who would like to speak in favor of this proposal? Anyone else
in favor of Z-008-013? Any one else ir ravor? Then is there
anyone in the audience who would like -o speak in opposition to
this proposal for this planned development?
Mitchell Turner, 2118 Stonegr'.e: I appreciate the relationship
that Mr. Bascom is tryinr to develop with the City of Denton
and with some of i*, people in the last four months,
particularly. And 7 also realize that some fairly significant
changes have beer made in the PD you are considering tonight
but I still s0,jit it does not meet some of the quality of life
standards th.c the people of Denton have become accustomed to.
Specifica':y, there are too many residential units, the people
densiti, is too high, the moderate node at 380 is too big.
Attr-.oment 10 tells the story on residential units. In the low
i•.censity area, there are 5.3 units to the acre versus 4.7 in
the Guide which you will find on page 21 of the Guide. Some
may think this is not much but it is a variance of 315 units
and this is enough to house some 1,000 people. Reducing 1,000
people out of this development would be a great benefit.
Secondly, the people density per developed acre, as Mr. Bascom
has indicated, is 14 versus 6.5 in the Guide, you will find
that on page 8. The housing mix is part of this problem. The
Guide strongly encourages housing diversity which you will find
on page 24 of the Guide and there is a good diversity from
SP-10 down. But there is nothing above. What's happened to
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r,;y of Denton City Council Minutes
October 18, 1988
Page 9
SF-13 and SF-161 I guess people would have to go Oakmont.
There is a simple solution to this overage of residential units
and also this would be beneficial to lowering the people
density at the same time. That would be to upgrade some of the
SF-attached to SF-7, to upgrade some of the SF-7 to SF-10 and
to upgrade some of the Sf-10 to Sf-13. And this is an area
which could be negotiated. The size of the moderate node at
380 and Lakeview is also a major problem. This is 101.6 acres,
all on the so-ith side of 380. RMS does not own all of the land
on the south side of 380 and it leaves no room for enlarging on
the north side of 380 to expand this moderate node. Also, the
intensity standard in this moderate node is exceeded by 258.
It's 1258 of the standard for this node. There are 73.8 acres
out ! this 101.6 that are light industrial, general retail and
ofi.-e and with this preponderance in commercial, the size of
this node should be closer to 30 acres including multi-family
and community facility according to the Guide, page 17. The
solution for this would be to convert some of this 101.6 acres
to residential other than multi-family. Also, I fear that we
are going to be creating a traffic conjestion on East
McKinney. In addition to this large node at 380, there also is
another one, 98 acres, at East McKinney and Lakeview Blvd. and
all the people will not be going from Aubrey to Dallas. All of
them are not going to be going southeast. Many of the people
are going to be coming into Denton and they will be on East
McKinney and East McKinney will be overloaded. Ten years ago
my wife and I chose to move to Denton. We found neighborhoods
that were not crowded. We found that there were few traffic
problems and during the ten years, we have experienced a
quality of life which we never experienced in large cities.
And I just hope that your decision on Lakeview will make it
possible for people ten to twenty years from now, to choose to
live in Denton for the same reasons that motivated us. Thank
you.
Mayor Stephens: Thank you Mr. Turner. Any questions that the
Council might have of Mr. Turner? Thank you, sir. Is there
anyone else in the audience who would like to speak in
opposition to this proposed planned development concept plan,
Z-88-013? If not, I call upon the petitioner if he desires to
have a rebuttal to answer questions raised by the opposition
and not to present new information, please.
Alexander Bascom: I just wanted to address a couple of
comments. The first is what we are passing along here. One of
the key items, I think, of this whole case, as it relates both
density and it relates to intensity is how do you undertake the
calculation. I think as we all fortunately and reasonably
agreed, we are being judged within the context and language of
City of Denton City Council Minutes
October 18, 1988
Page 10
the Guide. The Guide does use the words, as you see on the top
al at we tried to do
sheet there, over all gross.
toas to
establish some third party creditable
gross is. The second sheet refers to the Urban Land Institute
definition of gross which in effect is everything within the
confines or boundaries of an individual's accurately has
numbers that Mr. Turner mathematically
represented are net as it ryeilaat eWe tha euch things
relates kto
schools, and right-of-way. ove justuin thetUrbanrLand Instituter butnin aother documentsdas not
how you
wee are ath at deEiWhenoI tookt overe thiscucasenin June it
gross,
became' imperative to me to be within the confines of the Guide
describe was pin recognizing t isata tbenchmark, that is
all whenever
not specifically or literally to be adhered to but something
The
that referenced as a benchmark for purposes of discussion.
second thing that I would like to address is to follow-up a
little bit on what Mr. Pennell said and that is that we believe
that our plan because of its cohesiveness, will add quality,
will add a sense of neighborhood to an area that does not have
then City lanning Deriht not and is nton can be proud tandccanf looks to ttooattract
people as it relates to its relationship to parks and to ththe
at
lake system. Finally, I guess I would like to say
we as
relative to this project, as well as Southview,
developers are spending in excess of $50 million on ofpital
Improvements inclusive of land, schools, parks, 1
etc. That is a substantial amount of money for us to commit
to. In order for us to get a sufficient return on that money,
theh c mbination not y the
oriented.ls We to do a think project
it's qualitative imerative for
location of this property, in proximity to the lake, is why
this assemblage transpired in the first place. It is not
something that would be there if the lake were not being a
recreational lake. We feel that the opportunity for the City swo to plan 1200 acres, close to 1300 acr es in one fell $ O op,
with
million
a developer that has the capacity, excess of that the City will not have to pay nor pay interest on for the
number of years that will require for the market to absorb
through the production of jobs and people moving to Denton.
feel a combination of this economic the c Jobe gplus the manner here
which it will combine and support
in the City, we feel aught to be a tremendous asset which wwhe ell
coupled with the lake, produces something of an amnity as
as a quality of life that we think is not matched oClp ra would lleled
as any 9
in the Metroplex. If anybody h
happy to try and answer them.
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City of Denton city council Minutes
October 18, 1988
Page 11
Mayor .itephens: Thank you Mr. Bascom. Any questions Council
might have of Mr. Bascom. Thank you, sir. At this time 1 will
close the public hearing and call upon the City manager to
direct the presentation of his staff.
City Manager Harrell: Yes, let me call on Miss Carson please,
of our Planning Staff for staff presentation and then following
that, I have a few brief comments to make myself. Miss Carson.
Cecile Carson, Urban Planner: Mayor and Members of the
Council, as most of you are aware, this property has had a very
long and lengthy history as far as processing is concerned
through Planning and Zoning Commission and City Council.
Beginning in 1984, property was being considered in the area
for mobile homes and other types of development, and the city
began annexing the property. After that was accomplished, we
had a petition for additional property to be annexed and a
proposal for a planned development that was submitted in 1985
for public hearing. The C',ty staff, at that time, began
working with the developer but realized very quicKly that they
were interested in proceeding with the development as they had
originally presented it and not willing, in many regards, to
compromise in changes as far as Development Guide policies were
concerned. That proposal that was submitted, continued through
the process before the Planning and Zoning c'ommicsion and
received a 3-2 vote in favor and then was forwarded or. to the
City Council. Again following lengthy discussions and public
hearings, the City Council recommended that an ordinance be
prepared and the property was zoned Planned Development 126.
As further background, we have provided the Council with a
chart that shows the existing PD, original zoning, whicn is in
the first column o: deve.opment and a general comparison with
what is being proposed this evening. There are no areas in
which, the development has not improved. The total acreage of
the original planned development was approximately 690 acres i
and was 1081 over the intensity standard based on the Denton
Development Guide. it also included two unsanctioned nodes,
nodes approved at Mills and Blagg Road which were not
identified in the Denton Development Guide at that time or
proposed as nodes during the processing of the Denton
Development Guide. There was a large percentage of the
development in multi-far..aly uses, approximately 39% of the
project, was multi-family, that meaning 12 units or more t) the
arse, There was park land dedication proposed of 8.4 acres and
school sites of 22.6 acres. This was far lower than what our
st.andards that we currently use of 1 acre per 100 dwelling
units or 3 persons per 1,000 population, The requirement for
9,571 dwelling units which were proposed in the original
development would have resulted in approximately 96 acres of
park land and the population estimate of well over 21,000 would
City of Denton City Council Minutes
October 181 1988
Page 12
have required 63 acres of park land. There were concentration
and separation violations both in multi-family and
non-residential land uses and there was ultimately no
separation between multi-family and residential and retail land
uses throughout the development. There were moderate nodes of
80.89 acres at Blagg Road and 160.88 acres at McKinney Street.
As this project has continued to evolve, there have been
subsequent amendments that have been submitted in order to
reduce the intensity and density that have gone both to the
staff for review and stopped and also to the Planning and
Zoning Commission. There were subsequent proposals that were
submitted to the Planning and 'toning commission and unanimously
recommended for denial at the June 8, 1988 meeting of the
Planning and Zoning Commission. At that particular time, there
had baen significant reductions but in the opinion of the
Planning and Zoning Commission, they were not significant
enough. The intensity was reduced to being 614 over the
standard of intensity, the park land met our proposed
dedication, it still had a violation of multi-family
concentrations with 957 units in parcel 25 alone. It did
conform with concentration and s,!paratton policies in general
and also showed diversity and requested expansion of moderate
nodes at U.S. 380 and et McKinney Street both of which were
Banc%ioned nodes by the Denton Development Guide through
approval of the City Couocii in 1986 and 1987. The proposal
that you have before you was another attempt to come within the
guiJelines of the Denton Development Guide and an effort to
shc+ an even more substantial reduction from PD126. As was
stated by Mr. Bascom, the intensity overall for the project now
stands at 54 under the intensity standard fur both the low and
moderate areas. That's an overall figure. The moderate node f
at McKinney Street does show a 274 over the proportionate share
standard, which means that they are asking for more than their
proportionate share in this particular area. The Planning and
Zoning Commission, however, in reviewing the criteria that the
City Council has set out in the Denton Development Guide,
stating that a disapportionate share may be allocated if four
specific criteria are met. The Planning and Zoning Commission
felt that these four criteria were met. One of those being f
compatibility of adjacent land uses which the proposal. does
comply with. Including '.he fact that .9- eening, etc. will be
provided between residential land uses in this particular
area. It also provides that topography should he reviewed for
disapportionate share to be allocated. In this particular
area, there is a large concentrations of trees, there are flood i
plain- areas, etc. that must be considered. Thic particular
area it appears, through the use of a planned development,
would be the moat appropriate location for the moderate node to
be located and the planned developr+e.it would provide for more
security as the process continues through the detailed plan
stage. The Planning and Zoei2ng Commission also looked at the
allocation in regard toot!:-,. intensity policies and stated
that the intensity policies were met and tl,e one area in whicli
1
1
4
City of Dentor City Council Minutes
October 18, 1988
Page 13
there was a question of separation policies, at the corner of
Blagg and Lakeview Blvd., was acceptable at this local ion. The
and the
othar
two ureas, both in the moderate intensity area at McKinney w Street care uoter under the _
intensity standard for those two paticlslar areas. The
family development Itedoes''range from bSFB10stopSF-7, y single
housing and single family attached and there are copies of
proposed lay-outs that were included in your back-up and those
are also incorporated in the ordinance. The proposal conforms
with concentration and separation policies as well as land use
diversity policies according to the recommendation of the
Planning and Zoning Commission. The one exception, as I stated
earlier, in tract 15 moderate nodes the Planning which and Zoning dCommission fairly C lstated that
this tractwa at a the more intersectiun ofctwoo major neihborhood service than
moving it residences appear further into be a t more elogicalnla dhea e.siInltheaarea
and Zoning requirements
Commission
particular the areas, again does
those park
meeting. As aproposal oint a fvote clarificationtheir
recomm27ded1988approval
in
July
concerning a couple of the recommendations that were included,
oriinally the Planning recommerdation concerning an Zoning gservice sbeing hapr provided included
the City of Denton. That condition has not been included, as
with the Socthview proposal, the Planning and Zoning Commission
struck that from their recommendation identifying that it would
service pin snbdual for them to require City of
a area. The developers shave
electric ultimately
stated that they are committed to using the city of Denton
electric service but we do not have a legal mechanism by which
we could require that. This provides a general overview of the
proposal as well as a history of the project in comparison to
the existing zoning. The Planning and Zoning Commissions as I
stated, with a 4-3 vote did recommend approval. Their main
concerns being placed at U.S Highway 380 but the majority of
the Commissioners feeling that the project had bean a
` substantial improvement and recommended approval. we mailed 28
reply formo to property owners withilE2 01 and w received
one
you have any questio
in favor and 0 in opposition. And
I'll be glad to try and respond.
Mayor Stephens: Any questions the Council might have for the
Urban. Planner?
Council McAdams: hat When you
include te speak school the site amount Dr does a
land dedicated, does it
not?
~o
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City of Denton City Council Minutes
October 18, 1988
Page 14
Carson: The proposal that you see before you has a breakdown
` of the _wo, The joint school park site has approximately 10
f` acres for schools and the remaining property is for parks, so
it is included in the calculations because it will be joint
school-park sites.
McAdams: In terms of when we look at a master plan for parks
and we talk about what is necessary, there is various kinds of
parks or park uses that we are said to need. Part of the land
that is in hare is usable as green spacer essentially. How
much actual usable park land do we have for the kind of uses
that we say we need?
City Manager Harrell: With Council's permission, I think Mr,
Brinkman is in the audience and probably can best speak to the
park issues, if that is acceptable to the Council.
Mayor Stephens: Yes,
Steve Brinkmanr Director of Parks and Recreation: Thank you
Mayor Stephens and Members of Council. We have within the
Lakeview development, two neighborhood parks and a potential
for a third and the potential for a third is the access into
the Corps property which is site, tract number 32. We also
have a larger park which is a school park site of approximately
30,2 acres. All of the neighborhood parks will have at least a
3 acre minimum of land that would be out of the flood plain
that could be developed very much like we're developing our
Avondale Park right now. Avondale we're concentrating all of
the development in about a 3 acre area which is out of the
flood plain, the rest of the park is pretty m,ich natural and
open for picnicking and nature and that sort of th.ng, So even
if the land is in the flood plain here, it does have a purpose
as far as a park purpose. We wanted to make sure that within
each of these areas there was suitable land, at least 3 acres
at each atte, that could be used for developing those things
that need to be up out of that park area.
Council Member McAdams: OK, I guess what I am getting at is
that we certainly have far more than that standard of existing
park lan,i in the City of Denton at this time and yet when we
look at a mister plan, we say we still need some more parks of
specific types and my question simply is, if we take out the
kind of land that does not lend itself, do we have what's left
in this project, do we have what will meet the same kinds of
standards that you come before us when you are trying to
persuade us that we need to put money into the park development
budget to buy that land? Because we clearly, clearly have far
in excess of that number of acres in existence right now in the
City.
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City of Denton City Council Minutes
October 18, 1988
Page 15
Brinkman: I think the acreage that you see in the tracts, are
suitable as far as us being able to use each of these for
neighborhood park development. The larger site would be used
by not only the City but the school district for locating a
junior high and a potential elementary school at that site.
Again, those developments would be compatible, any facilities
that would be developed by the school district at that junior
high school, would be used by the City as well and the City
facilities as we develop those could be used by the schools,
So, the amount of acreage that you see here certainly is
compatible with the park uses that are assigned to each of
those different park types. It's just when there is a
significant amount of flood plain in a particular pack, we want
to make sure there is at least suitable a three acre minimum as
far as the development,
Council Member McAdams: I guess if I put this in very simple
' terms, if we held up the same kind of guideline and criteria to
this development that we hold up to Denton when you come before
me to ask for something else, does it meet it and does that
then mean that you don't need anything else in the City of
Denton?
Brinkman: No, this would meet or exceed what our neighborhood
parks standards are now of one acre per 100 dwelling units.
Certainly there are other needs in the community as well but
this would meet tha needs as far as that particular development
goes, as far as providing the potential of three neighborhood
park sites, a larger park site where the school park site and
then a linear park area that would provide 14 acres that would
be a start of a green belt going into the Cooper Creek area.
So, the acreage that we got here would meet our standards as it
is now, f
City Manager Harrell: Let me clarify further, Steve, and make
sure that I state this correctly. As I understand the
dedication that has been offered to the City as part of this
zoning request, it is consistent with the voluntary park
dedication standard which is now being considered by the parks
and Recreation Board and refined by the Planning and Zoning
Commission. So I think we can state to the Council that the
policy that is working its way through the system and will soon
be at the Council level, which will tell the staff and give us
instructions to voluntarily go out and try to get donations
from developers as they come in developing land within the
City.. What is being proposed by the Lakeview folks will exceed
the standards that are being proposed as now before the Parks
and Recreation Board and the Planning and Zoning Commission. I
think that kind of response to the question as far as the
standards we going to try to hold everyone else to as they come
in and develop within the City. Not to say that we don't have
still remaining parks and recreation and open space needs in
the community because we do.
f
City of Denton City Council Minutes
October 18, 1986
Page 16
Council Member McAdams: Welly I think part of what I was
trying to get at and be clear in my own mind as we start this,
is that when that discussion about that proposed donation came
up, there was considerable concern that a developer not be
allowed just to develop what we considered kind of green space
that would be not usable for facilities. Nobody seems to be
able to give a very direct answer as to when you start to talk
about 'ball diamonds and things in place, whether or not, in
fact, there is enough of that kind of acreage in this
development to coincide with what we have in the City.
Because, clearly we are being told, I do distinctly remember
that master plan where we were told that we were short in any
number of areas within this City, and yet, the number of acres
that we have far exceeds that the standard we are talking about
here. So clearly, when we look at the City, we are discounting
part of the park land. I'm simply trying to ascertain is there
some in this development that also should he eliminated in
terms of its use with whatever it is we usually proposed in
terms of park needs.
Brinkman; Yea, the larger park site, the 30 acre park site,
where the junior high will bo, will have significant athletic
field development at that area. We are also hoping, with the
access to the Corps property, to in the future be able to
access about a 50 acre community park site that would be Corps
property that additional athletic fields could be built on
too. So, with the potential of both those, it would provide
even more park land for those types, athletic fields and those
types of things, than we would have in the community as a
whole, Because it would potentially give us 80 acres of
community park area with 50 acres that the Corps has out at
that site.
Mayor Stephens: Would that acreage that you are talking about,
the Corps property, will that be above the water level when the
lake is raised the 7 feet?
Brinkman: Yes, Mayor, the 50 acres that 1 am talking about is
this large area in here and most of that is located out of the
flood plain. The area in the Cooper Creek area is strictly
flood plain but could be matched up with one large park.
Mayor Stephens: Have you approached the Corps of Engineers?
Brinkman: No, we wouldn't until we found out whether this
process was approved or not.
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City of Denton City Council Minutes
October 18, 1988
Page 17
Council Member Boyd: I think perhaps the question's been
answered but i think what Linnie was driving at was that we
have a need not only for neighborhood parks but also for
community parks, .here are several grades of parks. And i
think the question she was asking was, maybe you ve got enough
neighborhood parks, but do we also have for the rather
considerable development we've got here, enough acreage that we
will also not be asking three days after this thing is
approved, to go buy another 100 acres so we can have community
parks as well.
Brinkman: Yes, the 30 acres at the junior high site is what we
would consider the size park for a community park so that would
be sufficient enough for that particular development. :he
additional option of the Corps property makes that even more
attractive because that would take some of the development
burden off of that community park that would be where the
junior high is located, If we could get the Corps property, we
would not have to develop that site around the junior high as
intensely as we would without that.
Mayor Stephens: Any other questions concerning parks? Any
questions anybody might have fir Ms, Carson? Would you explain
to us again about the intensity for the area.
Carson: At this particular time there is a 15 acre area that
Mrs, Wilkinson describes that abutts this property and abutts
Highway 380. As part of the interpretation of the moderate
node, information in the Denton Development Guide, 15 acres has
also been included in the node which is north of U.S. Highway
380. The Planning and Zoning Commission did make a statement
to Mrs. Wilkinson as well as other property owners, we have had
a subsequent zoning case in this particular area, that they
would be considering putting that 15 acres that is south of 380
within the moderate node rather than having it on the north
side where there are existing residential houses at this
particular time. That 15 acres is agricultural. There are
residences on the property as well as vacant land, some of the
residences are used as businesses so they are legal
non-conforming land uses at this time and can continue to be
used for office/commercial types uses, if they were annexed j
with those particular uses in place. The intensity in this
area, at this point, if this case was approved, would be over
the standard based on tho Denton Development Guide, Under
those policies, we would have looked at the least intense most
logical land use as far as staff in concerned and would have
made a recommendation on that which typically would have meant
to place something that was similar to what was zoned around it
in that particular area as far as our recommendation was
concerned. And that is consistent with what the Planning and
Zoning Commission is recommended and City Council t,as approved
in those particular areas.
City of Denton City Council Minutes
October 20, 1988
Page 18
Mayor Stephens: What about the intensity around McKinney
Street?
Carson: At McKinney Street, they have a moderate node at all
fcur corners. At that particular area, since they have all
four corners, have used all the intensity that is allocated at
the area.
Mayor Stephens: How wide an area is this and would it prevent
other owners from this type of development as well?
Carson: It would basically conform if you had drawn a 30 acre
node at that particular intersection. The width of it would be
approximately what's shown as RMB property, The mobile home
park, Vacation Village, abutts the property on one side so
future development, at this point at leant, is not anticipated
on that side. There is a small existing business on the other
side of the property but with what's being placed along that
area as retail, office and single family attached, there could
be a good transition into low intensity areas on the boundary,
Mayor Stephens: Providing no one wants to have the same level
of intensity on their property,
Carson: That would be correct. Under the low intensity
policy, some office, commercial, retail could be located within
a half a mile of this particular intersection. So within close
proximity they could place a small concentration of retail
office non-residential land use or multi-family as well.
Council Member McAdams: But is that not already over that
area, right now, if this is approveri, Did I not understand
that that node is over the intensity level?
t
Carson: No, the node at McKinney Street, they have requested
that all of the intensity be allocated because they have all
four corners, so it does not exceed the standard.
1
Council Member McAdams: But anything additionally would,
nobody else can do anything then witnout exceeding,
Carson: This would be creating the moderate node since it is
all four corners, that is the moderate node and any other
requests,,...
Council Member McAdams: But they vary in acreage, Ms. Carson.
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City of Denton City Council Minutes
October 18, 1988
Page 19
Carson: That's :u,rect. Any other requests would have to be
added to the moderate node if they requested. The Council
would have to consider expanding the moderate node if they
` wanted to do anything further,
f Council McAdams: So the effective answer is, if anybody else
wanted to do anything, it would go over.
Mayor Stephens: Ok, thank you. Any other questions for Ms.
Carson? I believe the Manager said he had something.
City Manager Harrell: Yes, just very briefly, Mr. Mayor. I
guess just a couple of points that I wanted to add also for the
record. First of all, to express appreciation, I think, on
behalf of the staff to the developer in this particular case
for what I think has been due diligence in working with the
staff to take, really a zoning that is in place now on the
books that does grossly exceed the standards that are mentioned
in the Denton Development Guide and working with the staff and
with the Planning and Zoning Commission over a number of
months, to whittle that down to a point that, as far as staff
is concerned and I think the members of the Planning and zoning
Commission are concerned, come up with a proposal that in
total, looking at the entire project, does meet the standards
as set forth in the Denton Development Guide. Secondly, I
guess, once again just to point out from a staff standpoint
that, it is very unusual for the staff to be confronted with an
opportunity to deal with a tract of land, some 1300
acres-almost 1300 acres, owned by an individual property
owner. Usually when you encounter this type of thing, you are
working with 30-40 different property owners, trying to piece
everything together rather than one large property owner. The
advantage is that I think the City walks away from a
development like this with benefits that if you were working
r` with the typical development of 30-40 people, you would not
have the possibility of getting the major bridge construction
obligated to as you have in this particular instance because
with that large tract it can be afforded by a single
developer. And normally, that would be a City expense that
would be very substantial in putting a type of project like
this together. The roadway, I think, has bee;z the subject of
` much discussion, the ability to eventually get the six lane
roadway through that part of our community really with no local
expense to the City, We mentioned the park land. As the
Council is aware, currently the City of Denton does not have a
mandatory park land dedication policy so the only way that we
are able to get park land, is to persuade developers as they
come into the development process, the advisability of making
that kind of donation. In this case, that has been done and
the standards have been exceeded as has been mentioned over and
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City of Denton City council minutes
October 18, 1988
Page 20
above that which we would normally go out, if we were dealing
with one out of 30, and try to get that person to donate. So -
overall, Mr. Mayor, I just wanted to say from the staff's
standpoint really progress has been made. I think we feel that
this is an asset not only because of the conformance with the
Guide but aleo really some benefits that a City can only
receive when you deal with fairly large land owners and the
ability to package improvement projects. Thank you.
Mayor Stephens: Thank you, sir. Any further information the
Council might need before final consideration of this issue?
Council Member Boyd: Mr. Mayor, I'd move approval.
Council Member Alexander: Second.
Mayor Stephens: Motion and a second to approve the proposal
Z-88-013. A motion and second, any further discussion?
Council Member McAdams: Mr. Mayor, if I may. Having sat here
for four years now and six years before that on Planning and
Zoning Commission, I think I can safely say this is one of the
pore difficult cases that we've had to deal with and there are
3veral reasons for that. And first I want to thank the people
who are here now and who are working with this proposal. I
would certainly credit them with doing an outstanding job in
trying to make some corrections, trying to do things that would
make this more palatable. What very much concerns me and what
distresses me a great deal, as I look at this project and look
back over the years at what we have done with it, is how we
came to be here. We need not have been here. We not need have t
been in the position of having to deal with a developer of this
size over a project that was absolutely intolerable to start
with. I can appreciate the fact that staff is excited about
having a large tract of land that they can deal with from a
planning point of view that's a good thing. It may not
necessarily be a good thing in terms of the City where we
live. Clearly when that first proposal came and it had many
things wrong with it, among those we had the same staff stand j
before us that tells us now that the parks dedication meets the
requirements, stood here when we were talking about 9 acres and
said that was more than adequate, And praised them for that
kind of donation. It seems to me that the thing that staff
does best is maintain some kind of basic trust. when the i
community believes that it can depend upon what you say. I
find -that the most difficult thing about this project now is,
wondering when somebody is telling the truth because so much
was said the first time around and now the figures are
different, but the kinds of statements are the same. We lost a
great deal on this one project in terms of one's ability to
believe that when staff comes before us, that they are telling
us to the very beat of their knowledge and intent, the basic
City of Denton City Council Minutes
October 18, 1988
Page 21
information unbiased. I can appreciate that you might be very
much in favor of something. But the Planning and Zoning
Commission and the council needs to have simple direct
information on which we can base an answer. And I am sorely
disappointed in what I have seen all the way through this
project. It's unfair to Mr. Bascom and company to sit here and
look at them now and wonder what part of this is the truth.
Are we now going to see what they have come tin and Reour iatedf
They weren't here before. They didn't do his but supported that, so I sit here and 1 am terribly uneasy because
I think I hope these people are the kind of people they have
appeared to be in the negotiations that they have been doing.
On the other hand, what if they're not. What if what we're
faced with is what we had the first time. Grab as much as you
can. we were told over and over again that this project simply
could not work unless we permitted the kind of density that was
ss
we that was with ibelievem getting itg can Rfly twi h much for lethe
there. road. Now And
density and with them putting in the road. Now that's clearly
a wide gap and then one wonders, what of this can I believe? I
truly hops that this is the very last time as a citizen of this
city that I am going to have to see and hear the kind of thing
that has gone on with this particular zoning case. I think with
proper approach we could have had a reasonable project to start
with. One that would have been good, that we could all felt
good about and would not have had to take two years and a lot
of back and forth and questioning about the honesty. One man
spoke of the message that we are sending to other developers,
and I am certainly concerned about that because I want quality
people to come and do a ant run the shells gabut I me on dust That
can
them to think that they
reand nd u pressure r that
comesto a sob us andstory omme
st staff willtell
and ythcan at our come
is outrageous and then they will be in a position of backing
That
down a little bit to get to where they want to go.
principle of asking for a million when you need a half million
because you think if you ask for a half you wnitate i . the
don't want developers to think that's the way we peC
City of Denton and clearly that's what this looks like we do
So I hope that when we do
and that saddens me a great deal.
things in the future we will do then in a somewhat more
straight forward direct manner and that we will lean more
heavily on simply what the basic facts are of the case and then
let us decide it on its merits. i think that these people have
come a long way in trying to make this palatable. I think it
thinkthose
howeverp
noproblems in des, I think ttheydareotoof much. 96 Ibeing
has moderate some
that given that they had a certain amount of zoning on the
ground, that they could have build, that they have bent over
backwards. I think they have made major concessions that they
clearly didn't have to make that particular e Irecognize projectit nd That
I must say I deeply app
doesn't take away the fact that I
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City of Denton City Council Minutes
October 181 1988
Page 22
think just simply those two things are too much. I, of course,
always believed that a four lane built road was sufficient
which would have cut that cost and allowed us to have less
,lQnsity and then later on if we felt we needed the other two
Ia:,es we could have done that, so I can understand why putting
is six lanes, you may need some excess. But it's all an
unfortunate situation that I deeply regret.
Mayor Stephens: Any further discussion?
Council Member Ayer: I certainly agree that this is a tough
decision. I doubt if anyone was more upset than I was with the
original approval of this project and I'm not totally satisfied
with the way it stands right now. But I suspect that in a
project of this size, we're not likely to ever be able to get
it exactly the way we would like to have it. I was very upset
about the RUD, that has been taken care of. I hearty wish that
the road could be constructed in the beginning. I recognize
the economic problems involved in that. On balance, I have
decided that the pluses of this proposal outweigh the minuses
and therefore, I plan to support it.
Mayor Stephens: Any further discussion?
Council Member Boyd: I happily wasn't on the Council when the
earlier zoning was had on this, so I am in the happy position
of being able to criticize it with impunity. But I do realize
that it was a difficult decision then as it is now. The
situation, though, that we have here, this zoning proposal it
seems to me, has shown us both types of presentations that we
get for development here. We'll often see developers come in
and present to us a development and the idea is to get as much
out of the development as can possibly be done. Whatever
impact on the City and whatever impact on the neighborhood,
whatever impact on police, fire, utilities. 'their bottom line
is their bottom line and no interest in the community other
than that. Don't live here, don't plan to and We just a way
to make money. Other developers come to us with an idea that
they would like to see something that would improve our
community and they do intend to make some money, they intend to
do this project as well as others but they also intend to have
something that they can be proud of and that the City can as
well. This development, it seems to me, has gone through
perhaps not black and white, but it's gone from at least one
extreme to the other, at least part of the way from one extreme
to part of the way to the other. I think the development is
greatly improved. I do think that the proposal before us meets
the criteria we originally set out. There are differences.
It's impossible, I think, to draw out a scheme that will fit
every situation. But the trade-offs are there and on Coto, the
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City of Denton City Council Minutes
October 18, 1988
Page 23
land fits within the guidelines that we set up as a community
as to how we want our development to take place in that area.
You can look at specific examples where the argument can be
made that it does not meet the criteria. However, I'm not
convinced, even in those circumstances, that that is the best
argument. For example, one of the things that has come up, is
that we evidentially never had a definition of what "gross land
use' meant. Does that include roads and parks and things like
that or does it not? And, we have to sort of, lots of times
zoning issues are decided that way, you decide them on why.
So, the argument can be made by those, for example, that the
density is too high here because we are going to define gross
that way. The argument can also be made by others that tho
density is not too high because we are going to define gross
another way. If we can't agree on the definition of terms,
it's awfully hard to decide whether or not it fits the
guidelines. It appears to me it does fit the guidelines. It
appears to me that the developer and the City staff and the
parties who own land nearby, have all gotten together and come
up with a proposal that not only can the City live with but
also the developer can make a profit and can develop the
property and actually see it happen. There is another problem
with these developments that we don't talk about so much but it
is possible to draw out all of these plans and sell people
houses, have buildings bui?t and then not be able to complete
the project. You know that has happened in a number of cities
around here and for that matter, there have been developments
in the C.ty of Denton that haven't developed quite as they
thought it would. So I think it is important that the
developer have in his plan the opportunity to make a profit and
to see the development to completion. One of the principle
aspects of this and one of the most interesting aspects from
the City's standpoint is the six lane road with all the bridges
and whatnot attached. If this development isn't completed, we
may be like some of the cities we visited from time to time
where expressways stop in mid-air and that's not something we
want. A six lane road that stops 50' above concrete will not
benefit anybody and will cost a lot of money. So the
completion of this project over the next decades is also
important. I think this proposal will allow the City to have k
the benefit of that as well. One of the things that occurred
to me as I have been studying this that I don't think I know
where the boundaries of Denton will be except on the east.
This project will be the eastern boundary of Denton. That lake
there is going to stop us, probably, from developing the City
any further. Somewhere between here and Minneapolis will be
the northern boundary but i can't tell you where exactly. But
we have some idea here of what in 50 years, the eastern
boundary of Denton will look like and I'm rather impressed by
it.
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City of Denton City Council Minutes
October 18, 1988
Page 24
Mayor Stephens: Anyone else?
Council Member Alexander: I think most everything that needs
l to be said has probably already been said and I find myself
II agreeing a great deal particularly with Councilman Ayer and
Councilman Boyd. This has been a long project Lid fortunately
I was also one of those members of the Council who was not here
when the first Lakeview project was voted on. And I do think
that was not, in retrospect, a particularly good arrangement
and I have said so and I continue to believe that on the sum
total of the total picture, it was not something that was
particularly in the best interest of Denton but it was done.
And that is what we now have. And I would stress that 1 think
that it's been at in my opinion, t rather remarkable
accomplishment on the part of our present management and on the
part of those who are associated with this project and the
staff and otherwise, who I think have set down with some
direction from this Council over the past two and a half years
or so and have worked to achieve a reasonable compromise and a
working plan that genuinely benefits all parties concerned.
This is not a perfect plan, it's not necessarily the way I
would have designed it, but I'm not a planner. It's a good
plan I'm convinced of that. I think it's within the Guide, I
think the developer has made a genuine effort to bring it
•.rithin the Guide and I think as we look at it and reflect,
clearly it's in the beat interest of Denton to vote in favor of
this particular proposal and I intend to do so.
Mayor Pro Tem Hopkins: Well, most of the things have been said
and could only be repeated that we certainly apprecir,te the
developer and the staff and the Council's direction, 1 think,
in bringing about what was not a good plan and entirely too
much density on something that I was also not n member of this
Council when it was passed but came on board shortly
thereafter. But i want to say I view this, as I studied it, as
a most positive development. That rarely does any city
anywhere have the opportunity to do what we as a City staff,
developer and Council have this opportunity to do. To stretch j
a development, that's already get an eastern border, to stretch
it and be able to plan, have the parks, have the housing, have
the shops, have this all sketched in at one time. We are, I i
j think, much luckier to be doing it this way, than if we began
to expand eastward and certainly at least the school district
long before the Bass Development Group came in, were already
{r committed to land out that way for the High School, they saw
f this -coming, so we ace moving eastward. I think about the j
Development Plan people who told us they didn't want to see us
continue the move southward. I view this as a positive
eastward venture, from southeast Uenton t# I think,
to come, it will provide jobs. e
economically for many Y ars
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City of Denton City Council Minutes
October 18, 1988
Page 25
think because of the size of a number of lots, there will be
more affordable housing for many of these people in the area.
So I think there are many pluses to go along with some of the
minuses that we have to take. So I do feel that we have a rare
opportunity as far as planning to be able to approve a project
like this. I would be like some other Council members have
expresses the concern over when you have a developer come in
that you don't know much about or you are into all different
projects and they don't have the staying power or real
financial resources to fall back on to finish the development.
And, that can happen again, we all know that. Bull certainly,we
have someone here who if anyone should be able to stay and
finish it, they should be able to. And I just want to say I
appreciate the attitude of Mr. Bascom and his group in
recognizing the unworkable plan and unreasonable density of the
earlier Lakeview and in making the significant changes that
were required to get broader support from the citizens, from
the staff and from us.
Council Member Gorton: Just let the record show that I, too,
was not a member of the Council that passed tree previous
Lakeview and I will let my vote express my feelings henceforth.
Mayor Stephens: Well, I was a member of the group a few years
ago and I have been able to see considerable progress and
r congratulations to Mr. Bascom and the team you have working
with you on the tremendous progress that you've made because
you had a long ways to go in trying to get it right and it's
not quite there yet. Of course, everything is relative as
someone has said. That it's, what have I heard, it's close
enough. Of course, as Ms. McAdams said, we've heard that
before too, by some of the same people who are now giving the
words of assurance that this time it's really right. Before it
was right, but this time it's really right. Speaking of the
intensity issue, it seems that on the south part of Teasley a
few years ago, we had so much intensity taken up in such a
small area that I thought we revised the thinking olong that
line to spread the intensity allotment out in an area. So it's
troubling a little bit to see that we're not only used it up
but apparently over the standard at 380 at proposed Lakeview
Street which could be eased back somewhat to permit folks like
Ms. Wilkinson or someone else who would want to own: property
near there, so that one developer would'nt take it all or hog
it all but spread it around a little bit which I thought was
our intent when we looked at that south TeaelNy situation a few
years, ago. That is, to apply that principle all over the
City. I'm also bothered a little bit by so much single family
attached housing. We've had expressions before, whenever this
came up before, that that could be a real problem, not too far
in the future slum area, depending un how it's handled, of
course, because the developer would not necessarily be the
owner. The land will be turned to other people who will do the
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City of Denton City Council Minutes
October 18, 1988
Page 26
actual construction, I presume. At least that's what my
understanding is. So those are the things that troubled me
then, the intensity problem in some of those nodes and then so
much of the crowed in housing. Does anyone else have anything
to add before we vote? If not we have a motion and a second to
approve this proposal, Z-88-013, so with the Council
concurrence at this time, we shall vote.
NOTE: THIS ENDS THE VERBATIM TRANSCRIPTION OF THE MINUTES.
The following ordinance was considered:
NO. 88-165
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING
I THE CONCEPT PLAN AND CONDITIONS APPLICABLE TO THE 690
ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 87-008 (LAKEVIEW,
PD-126) PROVIDING FOR A CHANGE FROM AGRICULTURAL 'A'
TO PLANNED DEVELOPMENT "PD' ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 176.97 ACRES OF
LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, AND
PROVIDING THAT SUCH LAND SHALL BE INCLUDED WITHIN AND
BE A PART OF PD-126; PROVIDING FOR THE APPROVAL OF A
NEW CONCEPT PLAN FOR THE 867 ACRES OF LAND INCLUDED
WITHIN THE DISTRICT] AND PROVIDING FOR AN EFFECTIVE
DATE.
On roll vote, McAdams "aye," Alexander "aye," Hopkins 'aye,"
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'nay." Motion carried with a 6-1 vote.
B. The Council held a public hearing and considered
adoption of an ordinance approving a planned development and
concept plan on property currently zoned planned development
(PD-88 and PD-89) and agricultural (A). Applicant was RMB,
Inc, The request included approximately 414.9 acres of
property located approximately 11200 feet north of 1-35E and
extending to Pecan Creek and more fully shown in the Gideon
Walker Survey, Abstract 1330, and the William Durham Survey,
Abstract 330. If approved, the following land uses would be
permitted:
i
Single Family - 10 - 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 - 10.6 acres with a density of
6 units per acre
City of Denton City Council Minutes
October 18, 1988
Page 27
Multi-Family - 16.U acres with a density of
25 units per acre
Neighborhood Service - 6.0 acres
Community Facility - 3.0 acres
General Retail - 12.0 acre3
School/Park - 10.0 acres
Park - 18.0 acres
Right-of-way - 36.5 acres
(The Planning and Zoning Commission recommended
approval.) 2-1861.
The Mayor opened the public hearing.
NOTE: THE FOLLOWING SECTION OF MINUTES IS VERBATIM FROM THE
TAPE RECORDING OF THE MEETING,
Alexander Bascom: Mayor Stephens, Mayor Pro Tem Hopkins,
Members of the Denton City Council, my name is Alexander
Bascom, pleasantly Alexander Bascom and I am a partner with
Robert Bass and RMB Realty, 201 Main Street, Fort Worth,
Texas. Somewhat in the spirit of the recent debates, I'd like
not to do what I am supFose to do at this point and I'd just
i
like to take the opportunity to begin thanking each one of you
for your assistance and your support, cooperation that you have
shown in working with us. We feel a tremendous victory for us
in terms of being able to build such a consensus over the last
four or five months. We certainly would not have done it
without starting with the staff, working with the Planning and
Zoning Commissioners and coming to work with each one of you.
So we thank you for that. Including the one none vote.
Mayor Stephens: Beg your pardon?
Bascom: I said including the one opposition vote. I didn't
want to leave you out, Mayor. As an overview of the plan, we
have been revising for the last four months, which was
favorable passed by Planning and zoning 6-01 let me offer the
following comments. Our park land required is substantially
over that which is required by the City. Our moderate activity
node, which was at Colorado, has been deleted and replaced by a
grocery store site of 12 acres, separation problems have been
eliminated. Multi-family excesses over the Guide have also
been eliminated, I would like to point out our neighborhood
I
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City of Denton city council minutes
October 18, 1988
Page 28
efforts which arose during the first Planning and Zoning
hearing and led to further negotiations a Shat on witho he surrounding
neighbors. specifically, a _
neighborhood service tract that was on the northeast corner
down to the southwest corner of tract
hr16 f[onorder t further
remove it from the proximity
neighbors on the west side of Swisher. The multi-family tract,
in tract llr has been moved from directly across the street
` from these neighbors furthehoup n rthWas s cfuthat It is tnow
I separated by single family
zone
to not equired ingress/egress rand agreed Swisher. to provide v a landscape greater
r
through the negotiations with the City. Further south on
Swisher, across from Chapparel Estates, wet agreed here ci tizens
are not part of the City of Denton,
negotiate with them in order to try and satisfy their needs.
We converted SF-10 to SF-10
We've made the following changes.
on tract 18 in order to make for a more compatible transition.
We committed
rovideoagrlandscape s bufferirsimilarbatosthedonec further
provide
and to
north on Swisher. I have also committed to tithe detailed
groups that I will come back to them during
development plan stage, to show them specifics on the buffer
zone before we get to the Planning and Zoning session.
OTe tof the
don't want any surprises. Finally, in response
discomfort with the SF-6, that was registered by s
that to SF-1 without
derived
being Commissioners an tract tdo soThe converted
from working closely with the Commissioners and staff are as
follows: intensity has been changed from 61t over the Guide to
6t under the Guide based on gross calculations, density has
been reduced from 7.1 units per acre to 4.1 units per acre
decreased calculated froon a m 20 gross 13.6. basis awithp the1eother portions of been
project reviewed earlier, we are committed to dedicating
I
right-of-way for anentI 1 sharedldsome t of sthe 1 following
I preface to my comments nd intensity are critical
nformation with you. Density a
considerations. From the s `ee are i St underewthe Guide sit With
relates to both projects,
regard to density on both projects, we're 4.2 dwelling nits
per acre, both are calculated on a gross basis. to answer any
for your considerations of this case and be happy
questions.
Mayor-Stephens: Thank you. Any questions for Mr. Bascom.
Council Member o10. O thi k yo u8 ,your indicated you changed it
from l-0 SF
V
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City of Denton City Council Minutes
October 18, 1988
Page 29
Bascom: I'm sorry, That's from SF-7 which is what the tract
was initially proposed and what the remainder of the tract
remains, we changed that from SF-7 to SF-30 so that the lots
directly across from Chapparel Estates would be more compatible
with the size and pricing quality of housing that is on the
east side of Swisher at that point.
Mayor Stephens: Is there anyone else who would like to speak
in favor of this petition, 2-18611 Any one else in favor?
Don McQuinney, 135 Chapparel Estates: We reside within the
city limits of Shady Shores and we're outside, of course, the
city limits of Denton. We are the area Mr. Bascom referred to
as Chapparel Estates, We've had the privilege of meeting with
Mr. Bascom and his staff on a couple of occasions. Mr. Bascom
has met with me individually and and he and his staff met with
several members of our neighborhood that expressed interest and
concern about the development which was immediately adjacent
and across the road west of Swisher from Chapparel Estates.
We've been very pleased with their sensitivity, with their
courtesy, with their interest in our desires and willingness to
compromise, a willingness to listen, a willingness to not make
broad hand-waving promises but a willingness to be realistic
and to meet with us again, as it is appropriate to deliberate
over the kinds of buffer and flores and burms that would
protect Chapparel Estates from the development immediately
adjacent to and across the road from Swisher, west of Chapparel
Estates. So I'm here tonight to represent our neighborhood and
just simply say we support the motion as we understand it,
Mayor Stephens: Thank you Mr. McQuinne An
Mr, McQuinne ? Thank Y questions for
Y you, sir. Is there anyone else in the ~
audience who would like to speak in favor of this proposal?
I Eileen Powell: Mr. Mayor and Members of the City Council, I'm E
Eileen Powell. I've resided in this area for 35 years and I
think this development will be great for our area, I think it
will be an asset to the City of Denton and I'm for it,
Mayor Stephens: Thank you. Any questions the Council might
have for Ms. Powell? Is there anyone else who would like to
1 speak in favor of this proposal?
i Carold Nunez: Mr, Mayor, ladies and gentlemen of the Council,
my name is Swisher Road and dI Nunez and l to reside spak a to B the l fact that I is
had
lodged a letter of protest with the Planning and Zoning
` Commission because of the neighborhood services which were
{ would be located directly across from my home. We bought and
moved in 1972 to this area and our home sits on an acre and a
half and the homes adjacent to us at least a half acre to an
acre and a half, And when this plan was presented, we were
City of Denton City Council Minutes
October 18, 1988
Page 30
quite alarmed. I was really upset so I lodged this letter. _
But it's been changed. But I would like to back up for just a
minute to attest to the way this group has worked with us.
When this came up before, a developer purchased that land, I
can't tell what is is now, bought that land and succeeded to
get it zoned for manufactured housing. And promptly sold it
after the zoning for a nice profit, I'm sure. But my problem
with that was that there was no consideration for the
homeowners in the area and we were here. There were quite a
number of us who were here and protested that the man was not
really trying to help the neighborhood. This developer came in
and talked with us and when we voiced our concern about the
planned neighborhood services located across from our homes,
that was changed. And the next Planning and Zoning Commission,
I removed my letter of protest and voiced my support because I
really appreciate the way they handled this. And I so say so
tonight and I thank you.
Mayor Stephens: Thank you, Mr. Nunez, Any questions the
Council might have for Mr. Nunez. Is there anyone else who
would like to speak in favor of this proposal? Anyone else to
speak in favor, anyone else in favor? Is there anyone in the
audience who would like to speak in opposition to this
proposal? Z-1861. Anyone in opposition, anyone in
opposition? Hearing none, I'll declare the public hearing to
be closed and call upon the City Manager to direct the
presentation by his staff.
Cecile Carson, Urban Planner: Mayor and Members of the
Council, as Mr. Nunez stated, in 19841 the City Council
considered planned developments at Swisher and Pockrus Road in
this particular area. The Council originally considered a
planned development for manufactured housing on the entire 66
plus acres. However, that proposal was denied by the City
Council and a subsequent proposal was submitted and there is
two existing planned developments on this property. One for
17.1 acres of SF-7 and estate lots along the frontage of
Pockrus and Swisher Roads and another planned development for
49.4 acres for a manufactured housing subdivision. The
proposal that is before the Council this evening would
eliminate both of those planned developments and establish
planned development zoning on approximately 414 acres. That
proposal would be 61 under the intensity standards based on
Denton Development Guide standards. As is indicated in the
back-up, at the same time at the Lakeview proposal was
submitted on June 8, 1988, a proposal was submitted to the
Planning and Zoning Commission for Southview, as well,
However, following the denial of that proposal for Lakeview by
the Planning and Zoning Commission, the petitioner withdrew the
request for Southview. At that point in time, it included a
moderate node at the intersection of proposed Colorado Blvd.
and Lakeview Blvd, and was 61• over the standard. After that
I
City of Denton City Council Minutes
October 18, 1988
Page 31
evening, the developer began working to not only eliminate the
node but again to comply with Development Guide standards.
Overall that proposal does conform with the Guide policies of
separation and concentration with the exception of tract 8
which is 12 acres of retail land use, as Mr. Bascom stated. In
that particular area, the intersection of Colorado Blvd. and
Lakeview Blvd., would be an opportunity for the city to provide
some shopping and retail land uses within the city limits of
the City of Denton. The intersection of 135 and proposed
Lakeview Blvd, is in the City of Cornith and there is property
in that particular area that would allow commercial and retail
land uses. The Planning and Zoning Commission considered this
and felt that an exception to the concentration policy was
appropriate in order for there to be a tax base created with
retail land uses at that particular intersection. The proposal
included 18 acres of park land and 10 acres for a joint park
school site. This would be approximately 5 acres for an
elementary school and 5 acres for a park site, The proposal
was recommended unanimously by the Planning and Zoning
Commission at their meeting of September 14, 1988. That was
after the item was tabled on July 13, 1988 in order to
accommodate the concerns that had been expressed by some of the
neighbors. Those items have been worked into the plan and the
buffer zone and other information is addressed in the ordinance
and further details would be applicable during the detailed
plan state if the proposal is approved. They had 15 reply
forms mailed to property owners within 200 feet. We received 3
in favor and 0 in opposition and if you have any questions,
I'll be glad to respond.
Mayor Stephens: Any questions the Council might have of the
Urban Planner? Thank you. Did you have anything further Mr.
Manager?
City Manager Harrell; No sir.
i
Mayor Stephens: What is the pleasure of the Counci:?
NOTE: THIS ENDS THE VERBATIM PORTION OF THE MINUTES
The following ordinance was considered:
NO. 88-166
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING
THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 17,1
ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 84-180 (PD-88)) REPEALING
THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 49.41
ACRES OF LAND WITHIN THE PLAICIED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 84-181 (PD-89)) PROVIDING
I
N
I~
City of Denton city council minutes
October 18, 1988
Page 32
FOR A CHANGE F^.OM AGRICULTURAL 'A' TO PLANNED
DEVELOPMENT 'PD' ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 348 ACRES OF LAND AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE LAND
INCLUDED IN PD-88 and PD-89 AND THE LAND HEREIN
REZONED b5 INCLUDED IN AND BE A PART OF ONE NEW
PLANNED DEVELOPMENT DISTRICT (PD-132)1 PROVIDING FOR
THE APPROVAL OF A NEW CONCEPT PLAN FOR THE 414.9 ACRES
OF LAND INCLUDED WITHIN THE NEW DISTRICTI AND
PROVIDING FOR AN EFFECTIVE DATE.
Gorton motioned, Boyd seconded to adopt the ordinance. On roll
vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,' Gorton
'aye,' Ayer 'aye,' Boyd 'aye," and Mayor Stephens 'aye,'
Motion carried unanimously.
C. The Council held a public hearing and considered
adoption of an ordinance approving an amendment to a detailed
plan. Applicant was Hashmet V,Ii, representing Psychiatric
Institutes of America. The property was currently zoned
planned development (PD-1). If approved, the Twin Lakes
Hospital at 2026 West University may be expanded to provide
additional rooms. Z-88-018, (The Planning and Zoning
Commission recommended approval.)
The Mayor opened the public hearing.
Hashmet Wali spoke in favor. He stated that this would be an
addition to the existing hospital. It would add 28 more beds
and 14 rooms with classrooms and therapy space. The project
would take about 7 months to complete. It would provide
additional services to the community.
i
Betsy Guthrie, Administrator, stated that for the most part the
hospital was between 95i-100% occupied. They were not able,
based on the number of beds and the demand, to provi,- ~ a
children's program to the community. The additional beds would
help the hospital provide those services.
No one spoke in opposition.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that this was part of an
original area zoned in 1964 as local busines,o with conditions
for setbacks for the development of University Drive. That
proposal was carried forward as planned development 01 in the
1969 zoning ordinance. Approximately 2 years ago, the City
Council approved the use at this particular site which had
formally been the osteopathic hospital. An amendment was done
in 1987 to allow for additional office apace as the project
began to develop and additional office space was determined to
`W 1q1041`- 114NO."w-
City of Denton City Council Minutes
October 18, 1988
Page 33
be necessary. The Planning and Zoning Commission considered
this item at recommended approval of he August to meeting g addand itional nbeds sto
i
the hospital. The proposal did fall within all of the
guidelines of the Denton Development Guide and did conform to
Article 11 of Appendix B, the Zoning Ordinance of the City of
Denton. There were 9 reply forms that were mailed to property
owners within 200 feet. One returned in favor and one in
opposition.
Council Member Gorton asked if parking would be adequate with
the additional beds,
Carson replied that it would exceed the parking requirements.
N0. 88-167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR THE
PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE
NO. 69-1, CONTAINING 4.8 ACRES OF LAND LOCATED AT 2026
WEST N PARTICULARLY
PROVIDING FOR A PENALTY INTHEA MAXIMUM SDESCRIBED
OF $2,000.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR
AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,$ Hopkins 'aye,'
Gorton "aye,' .+yer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
D. The Council held a public hearing and considered
ado
establishment aof o a inplanned pp development de zoning districts {
Applicant was Dale Irwin. The property was currently zoned
planned development (PD-108! and two-family (2-F) zoning
district. The property was located on the east side of Carroll i
Boulevard between Prairie Street and Highland Street. If
approved, the property may be utilized for office use.
Z-88-010. (The Planning and Zoning Commission recommended
approval.)
i
The Mayor opened the public hearing.
Dale Irwin, co-owner of the tract and representative of the
other. owners, requested approval of the request. He stated
their objective was to combine the three pieces of land
currently zoned duplex into one planned development for the
construction of three small office buildings. The land joined
land on the south which was zoned planned development for
office use approximately 2 years ago. By combining all of the
tracts n
be designed attractive without d the l necessity of small a Carrollce
buildings could
i
City of Denton city council minutes
October 18, 1988
Page 34
Blvd. curb cut. The land was now vacant with the possible land
uses of multi-family, duplex, fourplex, retail or office. The
current zoning of duplex would permit at least three or more
duplexes facing Carroll Blvd. It would add more rental
property to a predominately rental area with access to at least
two of the properties being from curb cuts on Carroll Blvd.
One curb cut was existing on one of the tracts of land and
would be closed with the proposed development. Property owners
in the area did not want apartments or more of that type of
property attractive i setting and he felt that development would be would allow lbeat for
of
the property,
No one spoke in opposition.
The Mayor closed the public hearing.
Cecile Carson, Urban Planer, stated that the Carroll Blvd.
policy stated that the proposal should be reviewed in relation
to adjacent residential land uses which in that case there
would be a solid screening device provided between the existing
residences and this site, preferable done with landscaping,
existing vegetation that is is place and supplemented with
evergreens. It also looks at the circulation situation and
there would be no curb cuts on Carroll Blvd.
The following ordinance was considered:
NO. 88-168
AN ORDINANCE OF THE Ci,TY OF DENTON? TEXAS, REPEALING
THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 0.426
ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 86-61 (PD-108)j PROVIDING
FOR A CHANGE FROM TWO-FAMILY '24' TO PLANNED
DEVELOPMENT "PD' ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 0.927 ACRES OF LAND LOCATED ON THE
EAST SIDE OF CARROLL BOULEVARD, BETWEEN PRAIRIE AND
HIGHLAND STREETS, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND PROV:DING THAT SUCH LAND SHALL BE A PART
OF PD-108; PROVIDING FOR THE APPROVAL OF A NEW
DETAILED PLAN FOR THE 1.353 ACRES OF LAND INCLUDED
WITHIN THE DISTRICTt AND PROVIDING FOR AN EFFEC'T'IVE
DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote McAdams 'aye,' Alexander 'aye,' Hopkins "aye,'
Gorton "aye, Ayer 'aye,' Boyd *aye,* and mayor Stephens
'aye.' Motion carried unanimously.
i
City of Denton City Council Minutes
October 18, 1988
Page 35
5. Consent Agenda
McAdams motioned, Hopkins seconded to a
rI Agenda as presented, Motion carried unanimouslyVe the Consent
A. Bids and Purchase Orders:
1. Bid #9904 - Turn Lane - Colorado Blvd,
2, PR #104555 - P 6 P Construction Co. - repair
burned out rent house located at landfill.
B. Tax Refunds
i
1. Consider approval of a tax refund for Earl
Jackson, Jr,
2. Consider approval of a tax refund for Gary
L. Juren.
z
6, Ordinances
A, The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 88-169
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE.
f
i McAdams motioned, Gorton seconde3 to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorto~ 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
1 aye, Notion carried unanimously,
f a. The Council considered adoption of an ordinance I
accepting competitive bids and providing for the award of
contracts for public works or improvements. (Sunmount
Corporation-Woodrow Lane and Burning Tree Bridge, Paving and
Utilities)
N
I
City of Denton City Council Minutes
October 18, 1988
Page 36
The following ordinance was considered:
NO. 88-170
` AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that the bids for the
project had been very competitive, Two alternates were bid -
asphalt and concrete. The bids were very close for the two
alternates due to the fact that the bids were similar - 8' of
asphalt to 6' of concrete. There had been a lot of discussion
among staff regarding the bids and staff had been contacted by
each of the low bidders for the different paving types. There
were characteristics of both types of materials which were good
and staff was comfortable with either bid.
Council held a discussion regarding the pros and cons of both
types of materials dealing with visibility, skid resistance and
durability.
Boyd motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander :aye,; Hopkins "aye,'
Gorton aye, Aler "aye,' Boyd 'aye,' and mayor 3tephene
"aye.' Motion carried unanimously.
C. The Council considered adoption of an ordinance
designating and establishing speed zones for north ar,l south
bound traffic on Sherman Drive from its intersection with Bell
Avenue to the north city limits. (The Citizens Traffic safety
Support Commission recommended approval).
The following ordinance was considered:
NO. 88-171
I
! FORONORTHNCAND ESOUTHTIBOU DNDTRAFFIC ESTABLISHING
SH RMAN DRIVE
FROM ITS INTERSECTION WITH BELL AVENUE TO THE NORTH
CITY LIMITS) PROVIDING FOR A PENALTY OF A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00)) PROVIDING A
SEVERABILITY CLApSE) AND DECLARING AN EFFECTIVE DATE.
Alexander motione9, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye#' and Mayor Stephens I
aye. Motion carried unanimously,
I
I
I
City of Denton City Council Minutes
October 18, 1988
Page 37
U. The Council considered adoption of an ordinance
designating and establishing speed zones For east and west
bound traffic on Wilson :,:reef from its intersection with Lakey
Street to its intersection with Bradshaw S.reetj for north and
south bound traffic on Lakey Street from its intersection with
Wilson Street and continuing north for a total distance of 380
feetr for north and south bound traffic on Bradshaw Street from
its intersection with Wilson Street to its intersection with
Prairie Street. (The Citizens Traffic Safety Support Commission
recommended approval),
The following ordinance was considered:
NO. 88-172
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
FOR EAST AND WEST BOUND TRAFFIC ON WILSON STREET FROM
ITS INTERSECTION WITH LAKEY STREET 10 ITS INTERSECTION
WITH BRADSHAW STREET] FOR NORTH AND SOUTH BOUND
TRAFFIC ON LAKEY STREET FROM ITS INTERSECTION WITH
WILSON STREET AND CONTINUING NORTH FOR A TOTAL
DISTANCE OF 380 FEETI FOR NORTH AND SOUTH BOUND
TRAFFIC ON BRADSHAW STREET FROM ITS INTERSECTION WITH
WILSON STREET TO ITS INTERSECTION WITH PRAIRIE STREET]
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00)f PROVIDING A SEVERABILITY
CLAUSES AND DECLARING AN EFFECTIVE DATE.
k
David Ellison, Assistant to the City manager, stated that this I
was the first direct outgrowth of the East Denton Neighborhood
project. This was one of forty.-nine specific issues, problems,
suggestions that this neighborhood group recommended to staff.
Staff had been meeting with then on a regular basis since the
Council had first identified as one of its goals increased
neighborhood identity throughout the community. There had been
a major problem with the Alexander Street drainage area. There
was now great satisfaction with the temporary solution and
great anticipation of a permanent solution. The Police
Department had a proposal for a neighborhood policing project
which the neighborhood heartily approved and which the Police
Department would be presenting to Council at a meeting in the
near future. The area residents had identified 12 areas of
emphasis ranging from law enforcement to code enforcement to
housing needs, planning and community development,
beautification, education, leaderaM p development and training,
etc.. The residents were appointing committees, sub-committees
and spokespersons around each of these areas of emphasis.
These spokespersons would be meeting with staff to develop
specific goals and objectives.
4
City of Denton City Council Minutes
October 18, 1988
Page 38
Boyd motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander 'aye," Hopkins 'aye,"
Gorton 'aye,' Ayer "aye," Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
E. The Council considered adoption of an ordinance
establishing classified positions in tha Fire Department of the
City of Denton, Texas; providing for the number of persons
authorized for each classified positions and repealing all
ordinances and resolutions in conflict herewith,
The following ordinance was considered:
NO. 88-173
AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE
FIRE DEPARTMENT OF THE CITY OF DENTON, TEXAS;
PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR
EACH CLASSIFIED POSITION; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING AN
EFFECTIVE DATE,
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and mayor Stephens
'aye.' Motion carried unanimously.
F. The Council considered adoption of an ordinance
authorizing assignment pay for Fire Department employees in the
classification Driver who are also assigned to perform the
duties of Maintenance/Logistics Officer.
The following ordinance was considered:
NO. 88-174
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE
DEPARTMENT EMPLOYEES IN THE CLASSIFICATION DRIVER WHO
ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF
MAINTENANCE/LOGISTICS OFFICER) AND PROVIDIN; AN
EFFECTIVE DATE.
Boyd motioned, Alexander seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins aye,
Gorton "aye,' Ayer 'aye,' Boyd "aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
10
City of Denton city council minutes
October 18, 1968
Page 39
G. The council considered adoption of an ordinance
and service plan annexing 20,8309 acres being part of the J.
Dickson Survey, Abstract No. 3421, and the A. Cannon Survey,
Abstract No, 232, znd located at FM 2181 and Old Alton Road,
(A-56) (The Planning and Zoning Commission recommended
approval.)
The following ordinance was considered:
NO. 88-175
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT
LOT, TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 20.8309 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. DICKSON SURVEY, ABSTRACT NO. 342
AND A. CANNON SURVEY, ABSTRACT NO. 232, DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A'
DISTRICT PROPERTY1 AND DECLARING AN EFFECTIVE DATE.
Cecile Carson, Urban Planner, stated that this was proposed
final action on the annexation of property along Hwy, 2181.
There had been no further contact from Mr. Martin concerning a
continuation of his plat procedures or continuation of
expansion of the mobile home park at this site. The Planning
and Zoning Commission recommended approval of the request in an
effort to control development and to ensure that zoning would
be in effect and all applicable ordinances would apply to the
property.
i
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote4 McAdams 'aye," Alexander "aye," Hopkins "aye,"
Gorton 'aye, Ayer "aye," Boyd 'aye►" and Mayor Stephena
"aye.' Motion carried unanimously.
H. The Council considered adoption of an ordinance
approving the 1988 appraisal rolls as approved by the Appraisal
Review Board of the Denton Central Appraisal District,
s
The following ordinance was consideredi
NO. 88-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
THE 1988 TAX ROLLS AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
October 18, 1988
Page 40
John McGrane, Executive Director for Finance, stated that State
law required the City Council to not only approve the Appraisal
District roll as it came in but once the tax rate was passed it
had to be submitted on the City's rolls.
` McAdams motioned, Alexander seconded to adopt the ordinance.
on roll vote, McAdams "aye,' Alexander 'aye,' Hopkins "aye,'
Gorton "aye,' Ayer "aye,' Boyd "aye,' and Mayor Stephens
'aye." Motion carried unanimously.
I. The council consie'?red adoption of an ordinance
designating and establishing the anniversary of the birth date
of Martin Luther King, Jr. as an official City holiday.
The following ordinance was considered:
NO. 88-177
AN ORDINANCE DESIGNATING AND ESTABLISHING THE
ANNIVERSARY OF THE BIRTHDATE OF MARTIN LUTHER KING,
JR. AS AN OFFICIAL CITY HOLIDAYS AND PROVIDING FOR AN
EFFECTIVE DATE.
Boyd motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye," Boyd 'aye,' and Mayor Stephens
"aye.' Motion carried unanimously.
7. The Council considered the appointment of three
representatives to the 2499 Board.
Boyd motioned, Hopkins seconded to appoint Jerry Cott, Bill
Utter, and Ann Houston as representatives to the 2499 Board, j
1
Council Member Alexander suggested au in-house committee to
make formal contact with the proposed representatives to
determine that they would be willing to serve as
representatives,
` Mayor Stephens suggested Council Member Alexander chair such a
` committee,
Council Member Gorton stated he would be glad to assist Council
Member Alexander in contacting the proposed representatives,
vcAdams motioned, Ayer seconded to postpone action on the
I matter until the next Council meeting in order to give the
f committee a chance to contact the proposed representatives. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
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City of Denton City Council Minutes
October 18, 1988
Page 41
l 8. Miscellaneous matters from the City Manager,
r` A. Harrell noted the September budget recap in the
agenda back-up,
9. The Council took the following formal action from
Executive Session discussions:
A. Debra Drayovitch, City Attorney, recommended that
the firm of Henderson, Bryant and Wolfe be retained by the City
to represent the City's interest in the bankruptcy litigation
filed by Flow Regional Center, Inc.
McAdams motioned, Hopkins seconded to retain the recommended
firm. On roll vote, McAdams "aye,' Alexander "aye," Hopkins
'aye,' Gorton 'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
10, New Business
There were no new items of New Business suggested by Council
Members for future agendas.
11. The Council did not meet in Executive Session
following the Regular Session,
with no further business, the meeting was adjourned at 10r18
P.M.
RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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MEMO 88-078
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TO: Mr. R. Svehla, Deputy City Manager
FROM: J. L. Cook, Jr., Fire Chief /V
DATE: 10 November, 1988
RE: SPANISH SPEAKING CITIZENS
In response to the recent concerns raised by Ms. Garcia relative
to the response capabilities of the Denton Police and Fire
Departments to the needs of our Spanish speaking citizens, we
have accomplished the following:
1. Briefed the City Manager on our current statue and explored
various possibilities.
2. Met with Mr. Frank Davila of the Civil Service Commission
(also LLULAC) to explore possible strategies (see his
attached letter). We feel that most of the items in
Mr. Davila's letter have merit and are doable. Item 6,
incentive pay for bilingual dispatohers, has particular
merit, and should be actively pursued. Several of the items,
2-6, will take longer to accomplish but should be given
consideration.
J
3. Briefed Ms. Garcia by telephone on our progress to date.
4. Agreed for Ms. Garcia, Mr. Davila, Chief Jez and myself to
meet on Thursday, 17 November, 1988 at 07:30 hours to review
our progress.
6. Discussed the possibility of establishing a "Crisis Hotline"
for Spanish speaking citizens to obtain assistance. This
hotline would have conference call capability for three-way s
conversations with fire or police and be staffed by
volunteers. This program would be in cooperation with
LLULAC and other interested partiea.
We will keep you posted on the progress that we make in this
regard. Should you desire further information in this matter,
please do riot hesitate to contact. me.
JLC/ee
xc: M. Jez, Chief of Police
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November 8, 1968
` Chief John Cook
Fire Department
City of Denton
211 V Hckinney
Denton, Tx 76201
Dear Chief Cook,
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I was indeed pleased for the opportunity to dialogue with you and Chief Jeae
regarding program options that can be implemented to address the response
emergency within units C
capabilitites of the Departments, eepsciallyasitrelates toSpanish speaking eonly cltisensnd Tire
The attacined our informal meetingtonnNois a vember summary 7, 1988. th The ideas a step would comments discussed at
priorities these and to develop a time table. It would be advisable to gather
additional input from other sources once a draft plan is prepared.
I will be available to be a part of this process and to assist you in
gathering other community members to review this project. Please let me know
when it will be convenient to review and expand on these notes and comments.
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Sincerely,
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Frank S. Divils, Jr.
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SUt44ARY OF IDEAS/COMMENTS
City of Denton Emergency Response Capabilities
to Spanish Speaking Only Citizens
November 8, 1988
` The following summary is provided in response to an expressed need for
emergency bilingual personnel dispatchers in both the Fire and Police
Departments within the City of Dentone
The critical issue is the fear that an emergency call may not get the proper
response due to a language communication barrier. The City of Denton has lied
a large influx of Spanish speaking individuals and families who are still in
the process of learning English and are not yet fully aware of the procedures
required to request emergency assistance.
The perception of all concerned is that emergency situations need to be
identified immediately and responded to accordinflye
The comments covered essentially four areas of supports
1. Explore the possiblity of providing bilingual dispatchers either on a
paid basis or on a volunteer basis.
2. Prepare a bilingual educational awareness package to introduce and
educate the Spanish speaking population about emergency services in the City
of Dentone
3. Provide additional training and awareness to City of Denton personnel
who work in key emergency areas. This could extent to the selection of
personnel to engage in long term training with the possibility of providing
incentive rewards to these individuals.
4. Continuing to search for and recruit bilingual personnel to work in
the Fire and Police departmentse '
Specific suggestions includedi f
1. Preparing Spanish/English flash cards for EMT personnel to use during
emergency situations.
2. Providing air time to review the Fire and Police department unite on
the weekly Spanish cable program, "Para Usted",
3e Preparing educational awaareness sessions to Spanish speaking
individuals and families.
4. Develop %ore visible opportunities to present these two departments
in a positive manner.
S. Translate some of the current. "Latch Key" activities into Spanish. E
6. Provide incentives for Fire and Police personnel who are or wish to
become bilingual.
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NOTE1 Plisse ad delete and contact me so that we can expand on these ideas.
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0923L
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NO. _
AN ORDINANCE PROVIDING FOR rHE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordlnonce require that certain
contracts requiring an expenditure or payment by the City in an
amount exceeding $10,000 be by competitive bids, except in the
case of public calamity where it becomes necessary to act at
once 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 the
city, or in case of unforeseen damage to public property,
machinery or equipment; and
WHEREAS, Section 2.36 {f} of the Code of ordinances requires
that the City Council approve all expenditures of more than
$10,000; and
WHEREAS, Section 2.09 of the City Charter requires that
every act of the council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance;
f ,I
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION I.
That the City Council hereby determines that there is a
public calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens, or
to preserve the ptoperty or the city, or to protect the public
health of the citizens of the city, or to provide for unforseen
damage to public property, machinery or equipment, and by reason
thereof, the following emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase
Orders" attaches hereto, are hereby approvPJ:
PURCHA',1i
ORDER NUI.~LR VENUOR AMOUNT
R01107041 MOTOROLA COMMUNICATIONS =i4*_ 9.gI
R01107044 r MOTOROLA QOMMUNICATIONS ! 5 112A 9U_
R0 10 049 KMH OL.A COMMUNICATIONS
RO#167644 MOTOROLA COMMUNIGAII1116S?4-9+
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SECTION 11.
That because of such emergency, the City Manager or
designated employee is hereby authorized to purchase the
materials, equipment, supplies or services as described in the
attached Purchase orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in such
purchaseseby with City from ithe requirements of acompetitive exempting bids.
SECTION 111.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the day of , 1986.
A TE RN ,AYO -
CITY OF DENTON, TEXAS
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ATTEST: 1
UARLUTTH ALLEN
CITY OF DENTON,jTEXAS }
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCII, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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PAGE TWO
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DATE: NOVEMBER 15, 1988
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager
SUBJECT! REQUEST FOR PURCHASE. NO.'S 107041, 107042, 107043, AND
107044 TO MOTOROLA COMMUNICATIONS
RECOMMENDATIONS
We recommend the above referenced Purchase Requests we approved in the
total amount of $590233.580 to Motorola Communications.
SUMMARY
These requests are for the purchase of mobile radios required to
co,nplete the conversion of the Utility Department to the 800 MHz Radio
System. This expenditure is the final portion of the approved C.I.P.
for conversion of the Utility Department. The Divisions affected are
Utility Administration, Electric Production, Metering and Substations,
and Electric Engineering. The prices are based on an equipment price
list submitted with the original proposal for the 800 MHz System.
BACKGROUNDS
Request #107041-107044, Quotes from Motorola, Memo from E. Tullos
Dated October 25, 1988.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDs
Utility Department
I~
FISCAL IMPACT:
1988-89 Budget Funds Account #610-080-02 9227,
oy Harrell
City Manager
P ared by, Name: TOM D. HAW
Titles ASSISTANT PURCHASING AGENT
Approveds
amp HN J. MARSHALL
Zles PURCHASING AGENT
009.DOC
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1'• V• CITY OF DENTON DATE: - e * 10 7 0 4 t"
=vftl %ndw Cod.. bgw,kd bo Aul nature
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W Tap.
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BUDGET TOTAL ►
owroity 110 Carmody Cod. VW'dw cation Fb, Unil coo bkd cod / , Otis E Rod. A
7 - ~3Si►1iLt S' 61 - /ld~lrr - t.rb.
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7d'~5'- 7 f -tTx 3sd•DD /nrorrX Prfo c p
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7-Y AO- e!!!4 pt p
4 - _ 37031,00 ?Ole
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wh+fE #vdai a COW PACE TOIAL ► 11 MUST AGREE WrTH k0GET TOTAL
MOW -Pw)a V Sri d, mKo" rHh PQE
mw 404ASOW-6 cgpy
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P~O~ # CITY OF DENTON DATE: D- ~g REQUEST* 107042 w,der Cod. Req,,.rkd M Xu1}wri I
Aa.rr
o^ AcMlty Ob k
x Lm hrrd Apency ='ti*
lK+ cold, TOTAL A.aw+k pM Ne. 6~ O' No.
Dump
y~,y~ Ayyw ra DO rl ma w n
sw ra do`s St o
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vrraor c~wa , s
Wn or hoN, _ e
BUDGET TOTAL It
Acd.
Do 'pfian t' Sim
CuonMy Connwdry Cody Vadd Canby No UriM Coe Tdd cod v
. 141z;
I~ - 7 A'
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WHTE ludrawq Cow PAGE ip1At ► U 1 Must AME wml BUDGET TOtu
[ MLOW ^,O*Ikv la w ftv"d wilh P.O)
} PN( ~gveilionr'r Cow
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CITY OF DENTON 0 REQUEST * 10 7 4
DATE:
rqmt*d 1 / Authorize Lure
bp,,,,kl, v.,lor Cede x
OryawmM _ K 1we Ivrd Arng 0,9- ofon A&vty O61M No.
177, - `RM n oar a" so~nut
'A do AddWO rn DAY A AG ar rx
9
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BUDGET TOTAL ► E Acct.
Onab'e No. f~
C"Woft Code ve dv Ceara No. t>r~ Cad Teb fod - ,r -
s"
~J S- S. 3.f O __5-1LC vny > C~rrlr
I- r p
673 ~aao Y
65 ; o _ o
7 7 N b// S► r ADO e
IS
D M-
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WKTE Avdx)lkq C PeGE 101A1 ► MUST AGREE W TM LOGET tOTAI
YELON lvd w q {-m be fto wd rNh Pi01
pbw .Req Qwiiww l COPY
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REQUE51
CITY Of DENTON DATE* 10704
` PipoeE4 Wn"C6. - W", osRd X t}wrimd Sgml
Agwrcy ppv4no5" x . 2&•- mlr Cbjed xe9L TOTAL No.
Vrdu/ N~ana ►e"m lkr !vd ►gsnr U9~^ 7 Cod.
6 No.
1 '~01t7Yy FEED yr oEiNW w®UE
V.ndw A&W" wn DAY YE. r4 wr Y L 2
2
SHIP 101.
O/- s L 2
J d I
Vida CardaA . °iry` 91;R*V S
s
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BUDGET TOTAL ►
Qmh1y lk.Y Cam b&dy cod. Vadv Coldep No. w ca Tod cod psm L• N0' T
Opp Ile,
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PAGE TOUT 1 MUST AGREE WTTH Elx)GET T07A1
WHTE liadmirq C^Oy
MOW Awd*vq jwS b. Murtrd rr,ih PGj ~
mw Avww%vnws Cagy
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Communications and Electronics f+`a.
COST AND EQUIPMENT REQUIREMENTS 'k- I
PREPARED FORT "ten ~5'•} C'
--~n ~o/Srz,, rfi 7ro ~/o! 7
A V7 n'
UN4T PAIGE EXTENDED
PRICES ar { O
,QTY DESCRIPTION P,,o
yy 90
~~A cry
d Q 3
40
0 2 LOO-
N k-
241 16
-
O S 05"r - 8. 'w /G.
rorA-~ 72 -7 1 ~ oo f
EXTENDED e
TOTAL
INSTALLATION A D MAINTENANCE
_ • 0 7,a
- ; - i
2-
121 & -
cA X33
iEM ARK SI [XTENOEO ~~Iq!1
TOTAL S4, IJ
SALES/USE
TAX
G
r ERMS:. ~~~~'yy~-.-_
SPICES QUOTED ARE F.O.E. FACTO Fl Y. OVOTATIONOOODFaOK31[ DAYS. -
/~77
`--_`~6 ~q►ryr-f~
7f LIVERY: 6NIPMENt FROM FACTORY IN APPAOX&v DAYS FROM RECEIPT OF ORDER. TOTAL
O UOT ATION PREPARED !YI ACCEPTED SYt
OAT[I _OATEr
F EFF S/1/S7 STIC-ZC
CUSTOMER COPY
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M MOTOROLA Communications and Electronics Inc.
1301 E. ALGONQUIN ROAD, SCHAUMBURG, ILL. 60196
COST AND EQUIPMENT REQUIREMENTS
PREPARED FORT Q C~fx
v - ~4S_ =~r~" J~°4~ 1090 -y2
QTY. DESCRIPTION UNIT PRICE EXTENDED
PRICES
r 61 ~r
W , >r _
(a 3
7 N
-Al
,ZGN C•9 '
-TeT~~ as Sa~9
EXTENDED E
TOTAL
INSTALLATION AND MAINTENANCE - I JJii
REMARKSI EXTENDED
TOTAL
SALES/USE
TAX o '''w.ko
TERMS:
VAICES
OE IYE QUOTE PMENT FROM CHI CAOOII L, OU OT> T ON uD ATSFfPD RECEIPT ER. `T07 AL
f+~J j
QUOTATION PqE PARED !YI 1~/w1A~J p/qff ACCEPTED BYr
DATEt DATEI
STIC•:E
CUSTOMER COPY
I
~M MOTOROLA
Communkations and Electronics Inc.
/10~`~'''COST AND EQUIPMENT REQUIREMENTS
PREPARED FORT on L C,qf4-S /QP9 ~0 70 -V 3
_ n7an f FX 7-62401
QTY. DESCRIPTION UNIT PRICE EXTEN DEO
Y JC `ae,744 l PRICES
~.S11~A4y - p
5
G C ~ /
a - 7 - al
AN
L
W Ada:
A 771 13C IN 1-i
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EXTENDED
TOTAL
INSTALLATION AND MAINTENANCE
PALA-
AtiI
7EMAPK5I EXTENDED
TOTAL / OBE/
SALES/USE
TAX /V/r -
I
FERMSL ~JJJ}}
PRICES QUOTED ARE F.O.B. FACTORY. QUOTATION 0000 FOR ~CyJ DAYS.
OELIVERY:GHIFMENTFROMFACTORYYIINyAPPRO X6'•! DAYS F~ROM_ AtCEIPTOF OgDER. _ TOTAL
iyi
O UOMTIDN Pq EPAq EO BYI ~ ~ ACCEPTED BVa
f DATE. OArfl
EFF 6/1181 $TIC EC
CUSTOMER COPY
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MoyoROLA
Communkatlons and Electronics InC.
COST AND EQUIPMENT REQUIREMENTS
Z"tRvq 1 107044
PREPARED FORt
{`r 901 - a Two street
Dt- ton. Tex& 76201 10-24-88
Attn: Don Byrd
EXTENDED
UNIT PRICE PRICES
QTY. DEfC RIPTION 4 Y
2 D 5t%4A 5-K max
-9172 scan
gn ca e -
I _
33. 35 _ 63. TO
2 B221 Ext Alm 6. 82 13. 65
2 6113 I cable
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i EXTENDED $3424. 25
I - TOTAL
INSTALLATION AND MAINTENANCE
XTEND
7EM ARKS= E TOT LEO $3424. 25
SALES/USE n/a
TAX
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f E RM s: -__Net•-30 -mys-----
PRICES QUOTED ARE P.O.N. FACTORY. OUOTATION GOOD FOR 30 DAYS. - - -
$3424. 25
DELIVERY: SNIPMEN7 FROM FACTORY IN APPROX. SO-DAYS FROM RECEIPT OF ORDER. TOTAL
ACGFPIED BYt
OUOTATION PREPARfO ■YI James Pay Mantos
DATft DATEI -
EFF 611/67 $TIC-0C
CUSTOMER COPY
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CITY01DENT0NJEXAS MUNICIPAL WILDING / DENTON, TEXAS 76201 / TELEPHONE(8i7)566.810c
~RANDIk!
TO: Bob Nelson, Executive Director of Utilities
L
IM: Ernie Tullos, Director of Electric Utilities
i
DATE: October 25, 1988
I SUBJECT: 800 MHz Radio System
In the 1988-89 Fiscal year, we are changing all the electric-system-to -
the 800 MHz frequency. In the approved C.I.P, the following amounts
were approved:
Project A Attached
Department Requisitions
89-EP-6 - 20,000 0251
89-ED-11 - 1201000 0252 15,879.20
89-C-3 - 36,000 0253
89-EM-2 - 20,000 0250 340909.93 l
8,.444.45 1
The attache.$ requisitions are for the Administration, Production, and
Metering/Substation divisions and are all below the approved amounts.
The Distribution division purchase request was forwarded earlier Li the 1
shame ntI of $1070335.30, which is below the original approved amount in
The total amount of communication equipment is $166,568.58. .There will
be a few additional units purchased for new vehicles when their delivery
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is (mown.
It is recommended that the attached
and 4 to Motorola be approved, purchase requisitions 1I07041, 2, 30
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2EBT102S88274
Attachments
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DATE: NOVEMBER 15, 1988
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE REQUEST 107063 TO LONE STAR GAS COMPANY
RECOMMENDATION:
We recommend the Purchase Request to Lone Star Gas in the amount of
$11,131.00 be approved.
SUMMARY
This Request is for a Purchase order indicating approval and
acceptance of the attached contract. The contract is for the
extension of gas piping 1,835' along Woodrow/and to serve the Animal
Shelter.
BACKGROUND:
Request #107063: Cash Deposit Gas Piping Contract from Lone Star Gas.
PROGRAMS, DEPARTMENT^ OR GROUPS AFFECTEDs
Animal Control
FISCAL IMPACT:
The initial payment will come from Anim31 Shelter Bond Funds Account
0430-004-02t)M-9206. Please note that the City of Denton will be
refunded at the rate of $5.57 per Mcf of g used during the first 12
months.
Lloy V. Harrell 1
City Manager
P epared by:
Name: TOM D. SHAW
Title: ASSISTANT PURCHASING AGENT {
Approveds F
Q'
ame MARS e L
~itle*UR A SING AGENT
009.DOC
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Pool # CITY OF DENTON DATE: II 99 REQUEST0 107063
te+poru6l. 0' y~aoib.4 *,a- Cod.
ix A-ooke Ncrmhd 6t/l o Z t 9~
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Vydw Nana 1~ AeQunb Pfd 99 L'~nn ►wd Agonq Orpmimfon A 60y mjocl bb No kpl. TOTAL Li
SRV. No. D o 9ao4 CN. No.
Va Jo Adds ACIDM D6"V&CMDW
MO DAY YK A'G DAY YL t 100 0013
o3 'f
sw To -
4 4
vnda Ca++a.+ snirp q
s s
EOL
6 6
TOTAL
Oarrr4 Um comr do cod. Vwida Catalog Ne. L" Cod Totd Cod Dow;pt;um ► ( Ace.
EA `i_b__~- ~•II4 C~~, Dse# 6a1~~~~. Cek2+t~ ` ,a
-[E It i~ ass pub . i n we ea mw
- ar~~L_the; n;mal_She~t~.c~
s
VAIN -PWOKP,np ceq
YELLOW ~lwdo*v J~ be mkor d wA 10.} PAGE TOTAL ► MUST AGREE WRM NAOlT TOTAL
mw -IequKgQwl Cap/
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CASH DEPOSIT GAS PIPING CONTRACT
(Commercial Form)
THIS AGH£EMENT, IVITNES: ETH, that LONE STAR GAS COMPANY Ihersinaller called "COMPANY") and
CITY 0 DF,NTO~ '~NI4-~kiErR -
(hereinafter called "APPLICANT") of ? l5 E. MCKINNEYa_DENT -J AS
County, Texac in consideration of these premises and of other valuable consideration hereby acknowledged, do agree ei lotlowc
(1) Th31 Company will exl3nd its gas piping as folicwa.
In Woodrow Lane south of East McKinney to serve the Animal Shelter,
In the City of Denton, Denton County, Texas.
e 10191 dislance of lest (said piping and any necessary appurtenances are herulnshei referred to as
PROJECT") . The route of said gas piping is shown as Exhibit "A" hereto attached and hereby made a pan heraol.
t2) Without any right to refund extepl solely as provided in paragraph (3) hersol, Appikant All pay to Company S
$11,131.00 in advance (said amount being the net amount for said project),
(3) For the firs! twelve (121 months only for which gas bills have been incurred and paid, Company agrees to refund to Applicant
y _ 5,91_ ___-tor each MCI Of gas consumed by CUMCM911 directly connected to the piping installed hereunder;
provided howsvcr, no a±lund shall accrue too any gas consumed offer the term of this Aareemont set cot below. If a gas Consumer has not
been connocled 10 Company's myslem for a sul!Icienl lime to have incurred twelve (f?) monthly bills within the three (31 year COOIreCt term,
the yearly net gas bill for the purpose of Computation of the addihonal rotund provided in the preceding sentence of this paragraph, shall be
estimated by Company on the basis of Information furnished by the consumer covering consumer's operations and estimated onnutil gas
consumplion
(a) It Is expressly agreed and uoderrtood that IN aggregate of all words he,eunder shell never snood Iho onpinat amuunl of lhs
contr1i It is undarslood that rio relurd or repayment wilt be made 'of any Conaumpf nol connected directly IO the Protect covered ty this
co!rba Ct. and after me expiration of the Imes (it year contract teen no further rotunda or repayments shelf be made by Company to Applicant, 1
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(51 The Company's obligation to construct lbe gas piping provided for heroln will be 0ardad out fir III an easoneble eaped'W. subject
ro applicable laws. rules and regulations of governmental auCrora es end to any delay occssoned by force majeute or events or conditions
of whatsoever nature reasonably beyond Company's cootici,
161 Comp any shalt not be obligated to commence the conblruclior, Inva n spedfled. of to Conlin us such COrralrucl W filler 4 has Cem ,
minced, unless and unlik (a) Applicant has caused the righl-of-way for the project to be cleaAy staked on the ground by a rogistered engineer;
(b) such rlgh( of way has been reduced to Ilnal pride sod cleared of III obs!ruClbns 01 any kind and; (C) III necessary rtghbobway has boon
furnishes Company fit* of charge on Company a standard form of easement (Over POW# property of through a dsdlcaled uliblies easemenl.
17) In 14e event Any pavement. tidewalkt or other obstructions ere constructed along or 9trots and routs of the mains provided for
herein. suDsaquenl to rho dale of the survey on whch expenses inuvred hereunder are Dosed and prior Id s-aly (60) drys offer Ilya date of
this contract, and which conslreclion will result in an increase in Cost to Company in IN Cona;ruclon of the mains provided for heroin, Corn-
pang may at its option, cancel this Contract and neither party shall thereafter have any Dbligalion, hereunder, other than Company's obligation r
to refund Applicants deposit withou! inlerDSt
(a) Applicant ur+derstands that Company their not Do obflgsted or required In construct the Project conlempleled by this egrooment
in sdvanre of and prior to the Consiruchen of piping coveiod by contracts and sulhoriaa!ioua which wore enlered into by Company prior to
the dale of InA agreement, or piping required IO be conshucled by the provisions of Company's franchise or tonslruc0on required to maintain
eaishng sei
(V) Tale tO said piping irkluding oppude n Vices, connections War 1O and Psw nslons Ihereol, and Inctudirg 04 right to use, ope•sl6
Arid marntein samc shell forever be and remain e.ctuswely and uncoMnioneuy veiled In Company. As sucesssors and Asipna.
N
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FOVII i017'4/17 .M,M, • 1 •A~ V
LONE STAR OAS COMPANY
Intide C/L O R/W
U OuUlda GL Sketch of Proposed
Co... Project
LOCATION pwrJ1.AJ
ci+y or tow" Co. No.: 6 O d
TOWN PLANT CxIII(31T A
!ll oMar Man /ouo'onl ER/RR NO.
scHOOI. blsr.
fWUafB TerranrCountall MAP SHEET NO,(s)_ 4y
0
t0
,1 t o
f a
1
F. dlc JV'iu e%1 _ rA NZ6
cast..,, 4%~yr
f J
v" 3
Lf ~~I 6~
~ 00.1
3
PA./1c nary ] r; f7fGt j
i
D.E., 0#70
I
SUMMARY Of PIPELINE CHANGES IN
OISTRI8VTION PLANTS f
3
ABANDONED RETURNED TO NEW INSTALLATION p
WAREHOUSE
Sift Klrld faet Sla Kind feet size Ind fait Or(glnal ER No. or Data of lnstlllatkfn for replacement and
e ~ retirement projects only:
8
Date of this rapon _ 9• /3. dl
t BY
/
DATE: November 9, 1988
CITY COUNCIL RFeORT FORMAT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Adoption of an Ordinance Approving a Contract Between the City
and Lone Star Gas Company for a Cash Deposit Piping Contract.
RECOMMENDATION:
The staff recommends approval of the ordinance.
SUMMARY:
The approval of this ordinance will allow for !Se extension of natural gas service
to the Animal Control Center on Woodrow Lr,, . The extension of this line will
allow the Center to convert to gas heat and the gas firing of the pathological
incinerator, reducing utility cost for the Center by $10,000 per year.
BACKGROUND:
The Center is currently heated through electric resistance heating methods and the
incinerator is fired with propane gas. Both of these methods are extremely costly
when compared to the use of natural gas.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
1
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Animal Control Division.
FISCAL IMPACT:
The cost of the deposit will be $11,131.00, the majority of which will be refunded
during the first twelve months of gas u62ga. Utility costa for the Center should
be reduced by approximately $10,000 per year.
Respect lly'ssubmitted, p
U I
lay . Harrell
City Manager
Prepared by:
f j
B 1 ngelo
Director of Community Services
Approv by:
Bill Angelo
Director of Community Services
lball098878
N
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2541L
NO.
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A
CASH DEPOSIT GAS PIPING NT ECT WITH LONE STAR GAS COMPANY; AND
PROVIDING FOR AN EFFECTIVE
SECTION I. That the Director of Public Works is hereby
author ze to execute a Cash Deposit Gas Piping Contract with City
said piping bserve the
Star Gas Company for an extension g
eing attached
of Denton Animal Shelter, a copy of
hereto and incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the
expen ture o unds in the manner skid amount as specified in the
' agreement.
shall become effective
passage this ordinance
and approval,
SEaCeOy upon. its That
imme
1988.
PASSED AND APPROVED this the _ day of
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ATTEST:
t
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
i
BY:
i
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4
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".r Wo lisp
CASH DEPOSIT OAS PIPING CONTRACT
(Commercial Form)
THIS AGREEMENT. WITNESSETH, that LONE STAR GAS COMPANY (hereinahu called 'COMPANY") and
CITY '
KIi .'EY DEN T'ON. TExAS
(Mreinaher called "APPLICANT") of 215E !(C Arse as tWl
County. Texas. in consideration of these pramieM and 01 Other valuable consideration hereby acknowledged,
Ill That Company will mend Rs pas piping as WIM":
In Woodrow Lane mouth of East HcRianey to serve the Animal Shelter,
I in the City of Denton, Denton County, Texas.
a told distance 18 feet Iuid piping and any neuSS" SPP'J"GOAncM are nerNnMer retested to u
—PROJECT"). This . ~ PROJECT"~. Th two of said 9" piplng it aho'wn as Exhibit "A" hotel* attached and Mrcloy male a Dan hereof,
(2) Wlthad 47 right to refund except solely as provided in paragraph (3) hersol, Applicant will pay 10 Connpany S
$11,11. M) in advance (said amount being the reel arnourW la said project).
(3) For the ftret twelve (+2) months only to which gas bills have been lncurred and paid. Compaq Sgroes to refund to Applicant
S, 5T for OW MN of gas consumed by customers directly connected to the piping instatled hereunder,
S consumed after the term of this Agreement Set out billow. If a gas consumer nu not
provided However. no refund shad seem for any Oaa
n o time to
bell connected to Compsny's system fa a Sufficient
the have n
the yearly net gas bin for the purport of additional refund provided in ln@lptec ridding aemence of IHIN) psreptaph,~ M W
mated
Infamatlon furnished by the consumer covering consumer's operations and estimated annual gas
estimelsd by Company on the basis of Informt
consumption.
(4) his expreeely aprnd and urtderelood that the aggregate of SO refunds hereunder Shall never exceed the orglnal amau-l of the
COnlraCt. II is understood that no refund or repsymerA will be made lot any ConWmar not connected directly to the Project COVeree by this
contract4 and after the expiration of the threat 131 year contract term no lunher refunds a repayments 090 0 -made by Company to Aodlrcant.
I The Canpena Obligation to oW*Axl see gam p0n0 "40 la Protein wk be Castled ail wM all rMe"Olor expedition. Subject
ns of gpvemmertlal sulhaAres and w any delay occasioned by lone najeure or events Of CO+dnlons
10 applicable t to aws. rulM and regulations
of whatsoever nature rnaonabfy beyond Company s contras.
I 111 C460111y ehalf not be OMip W 1006011man" the conpn410111 hMern specified of to Continue Such COMSruc'lrOn Mar A rids COM-
menced. unless and until; (a) Applicant has caused the right-of-way lot the projhs to be eleaM slosid on the ground by a r of w~ nae noeen
(b) such right-of-way lust bNn reduced to fins) s grade and tam Of easement d Ov n Pm elf pkropemna IhrOjI cgs Wiled t-cf- M boom
I lurniehed Company frM at ehetga at Company'
t In the avert any Pavement. sjEewelks a other obetrtrctions are conflnicted along or across 1r# Muff *I shhe raiin$ croi :ad to
cl
Permit. IuOseQWM to IM Cate of IM WtVey 00 which axpMlM mcWred MrWnder are based and prior IC S tY 1601 days in* - C
this om-
pany may it At 00-04 ancN th ontract and nobler pall PIn too M trKtMha~aIn the y Obligation. ~ undst, : nor thanCompany's oo q tion
to refund Applrcanls cepoed wnndut intense
till Aporeant underetands that Company shelf no be obligated or roqulred to construct the Projer :onlotri by this 86.1 o
n advance of And Or,or to the construction of piping covered by Cont+acto and authoneanone which unto a"ered into oy Comps , "'a
Ina data of ttws agreement, or piping repueod so be constructed by Ina prowawnS d Company's franchise o• jStnxlion reduired to -a retain
existing stervipe.
'War*
(0) Tire to Mid "Mil mcludirig appunenancM. cdnnsprona thereto and extMsern pt4e01• 8.14 -,luding UPS ~ghl 10 use s.:ceMas it 0 mil
anti maintain tame amen forever to and remain Ixclutuvefy, and uncondrtronatry Vasod m Company. A!
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ANN
T
FOAM 1910 ME4RM alel
(f01 tl %a oontred is not siscuted end returned by Applicant with his check in the amount stipulated In Paragraph (2) within thirty
(90l days of ila effect" dale. Company may, by written wise to Applicant, tied to cancel thla eontrect.
This conlrad 1e deemed ellectiw this 31 e t day of Oc tObe r 19 88 and "ll remain in aged for a tern of
three (9) years with ouch term commencing on the day of 19_
APPLICANT CITY OF DENTON. ANIMAL SHELTER LONE STAR GAS COMPANY
HILL ANGELO
By By
Title rms
F
,
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'CFAt4642 l/et
M p t'A~~ LONE STAR GAS COMPANY
Inside C!L O RMf Proposed
C3 Outside C/L Sketch of S ~ Project
LOCATION ar~tVor town wn Co. NR NO. 88 5~~of 6 0
• ~1tHl$17 ~
TOWN PLANT ERlR NO.
(iroreer than location)
' SCHOOL DiST. MAP SHEET NO.II
(DaM m Arrant Counriea) Oo
l
a"~ 1 'r11 4 sN
tit
v
F. e&YMAVIr / ~L; r~ 426
11,0403 J .01.0,00:L
;e
.J CV
o
pA~ts =~~1ry1 T:19i6C
D,E.. rz E?D i
4
i
SUMMAAY OF PfPELINI CHANGES IN
DISTRIBUTION PLANTS
ABANDONED RETURNED TO NEW INSTALLATiON
WAREHOUSE Oriyinel ER No. or Dste of imulletion for repleosment ern.
Si to Kind Feet Site Kind Feet Size Ind Feet retirement projects only:
M
e ~
3. 8I
Dole of this report 9.1
D
BY Pam kix
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DATEt 11/15/88
CITY COUNCIL REPORT FORMAT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUfJECTt CONSIDER ORDINANCE ANNEXING 135 ACRES LOCATED SOUTH OF MILLS ROAD,
EAST OF MAYHILL ROAD, AND NORTH OF MCKINNEY STREET ADJACENT TO
EXISTING CITY LIMITS (A-55)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval on
Seprember 28, 1988 by a vote of 6 to 0. If Council wishes to
postpone fine'. action until January, 1989 the Council should by
motion et one to a date certain its final action. The Council's
last regu ar y resc e u e meeting before the 90 days expire is
January 3, 1989.
SUMMARY;
The Planning and Zoning Commission decided that annexation of the
h Denton Independent School District site and property to the west
4 between Mayhill and Mills Roads and McKinney Street was in the best
interest of the City of Denton. Documents indicating property
ownership, appraised values sad land use are attached, f
According to state statute, the annexation process must be completed
within 90 days after the instituting of the annexation, Un
October 11, 1988, the Council instituted the annexation; therefore,
final action must be completed by the Council meeting of January 2,
1989, The charter of the City of Denton states that "amendmen:a may
be incorporated into the proposed (annexation) ordinance by a vote
of not less than four-fifths of the membership of the City Council";
however, the ordinance must be published again in the newspaper at
least 30 days before final action.
BACKGROUNDS
~ Denton Independent School District petitioned the City of Denton
` for annexation of 69.097 acres proposed as the site for a new high
school. Between 1983 and 1986 the City has annexed property to
entirely surround this property. The property iucludes residential
uses, agricultural uses, and auto parts and salvage yard.
C
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A-55
November 15, 1988
Page 2
BACKGROUND: (Continued)
The school district has informed the Planning Department that
construction at the high school site will begin after contracts
are awarded on December 13, 1988. The construction phase will
be approximately 28 months with school to open in September, 1991.
For long range planning purposes, DISD is discussing the possibility
of purchasing the 15 acres abutting Mills Road which is east or the
school district property.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
All City departments and 28 property owners.
FISCAL IMPACT:
Fiscal impact will depend partially on the construction of the
new high school. A 16' water line exists along the south side of
McKinney Street and an B' line along north side of McKinney Street.
An 8' sanitary sewer line is located along McKinney Street. Exten-
sion of utilities is not proposed in the CIP, how-Ver, the Utility
Department estimates minimal cost if DISD develops the high school
site. Engineering Division estimates $300,000 to rebuild Mayhill
Road (half of road is currently in the City limits) and b360,000 to
rebuild Mills Road. Roads would not require immediate rebuilding.
The City will need to evalua!e this property during the Capital
Improvement Program to dr:frmine if the improvements should be
iI included in the CIP.
tit
j Respec 11y
syglnit
f
c
Lloyd Harrell t
City Menages
Pr red rby:
Cecile Carson
Urban Planner i
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YApp ved: `
s
H. Ro bins
Executive Director for
Planning and Development
22818
I
p4Z Minutes
September 289 1988
page 4
D. Make a recommendation on proposed annexation of approxi-
mately 13S acres locate: south of Mills Road, east of
Mayhill Road, and north of McKinney Street adjacent to
existing city limits. (A-SS)
STAFF REPORT: Ms. Carson stated that the Denton Independent
c oo strict requested annexation of a tract of land to _
be used for a now high school. Staff presented City Council
with three options for annexation in the area. The Council
chose the present configuration for annexation because of
cost and because the configuration follows streets. The
school district will be extending water and sewer lines
to their site but a Capital Improvements project will be
necessary to provide water and sewer to the remainder of
the area in the near future. A major cost in the future
for the City will be the rebuilding of Mills and Mayhill
roads. Immediate services that would have to be provided
are animal control and solid waste. Twenty-eight property
owners have been notified of the proposed annexation and
concern has been expressed about increased taxes and in-
creased electric utility rates for new construction. The
area is currently serviced by Texas Utilities. She said
the reasons for annexing this area are that a new high
school is being built and single-family and industrial
development is anticipated. The Commission's recommen-
dation will be forwarded to the City Council. Staff
recommends approval of the annexation.
DECISION: Ms. Kiker moved to recommend approval of the
proposed annexation of approx'.mately 13S acres located
south of Mills Road, east of Mayhill Road and north of
McKinney Street (A-55). Seconded by Mr. 41asscock and
unanimously carrtid (S-0).
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A-55
AFFVAFScD LAND VALUES
Non-Res. Tax Val
Tract Land improvement Improvement
5' Brearly S 45,000 $ Ag. Exempt $ S 315
ALL DISD exempt
8,184
5, 1D Mabry 8,284
2,774 2,774
1.25 lE Joet _ 21,437
2.27 1F Beauchamp 21,437
45,000
5. 1G Carpenter 45,000 41,187
2,88 1H Brown 26,937 14,350
4,123 38,151 51,365 93,039
,62 1H2 Stout 8,275 11,031
Axtell 9,301 2,774
1.25 1J 222,313
1.0 1K Glen
6,307 7,816 14,125
1.5 1M C1ea
4,803 17,433 27,039
1.0 1Q Glen
,19 1K Glen 35,944 27,299 62,239 130,482
8,360 8,360
3.77 1X1 Glen
3.0 1L Chisem 27,999 53,327 58,354 139,680
22,812
.50 Carter 4,750 18,062
26,245
1.5 IU2 Lawton 14,250 11,995 13,391
.25 lUl Hinson 20375 11,016
` 3,427 48,427
5.0 1T Hubnik 9,WO 36,000
20,330
4.5 2C * Griffen 9$00 10,330 "
6.0 2B * Baker 61,600 81,320 lb--*R 779
112,779
415 2A * Mc Curley 40,874 71,905
33,359
.28 2E2 Cumming 2,670 36,029
k
.75 2E] Mcpoaaald 71125 35,029 Sou 42,054
35,985
.275 2A Lillie 2,442 33,543 - 2,138
,225 2E7 Wagner 2,138
30,955
.235 2E3 Roessner 21233 280722 47,310
.25 2F] McDonaald 3,800 34,105 91405
2,442 20888 38,158 20,520**
.56 2E6/5 Henery
f4~•512 5~,~, ~23~ sA~
*Property immediately adjacent to Del.S.D, property and Mille Road
**After exemptions
1409k
r
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2420L
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
I THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 135.0 ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
PART OF THE M. FORREST SURVEY, ABSTRACT NO. 4179 DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, a request for annexation for the property described
in Exhibit "A", a copy of which is attached hereto and incorpo-
rated by reference herein, was introduced at a regular meeting of
` the City Council of the City of Denton, Texas, on the petition of
the City of Denton; and
WHEREAS, an opportunity was afforded, at a public hearinheld
for that ppurppose. on the gt:k day of c M be bl- , 9891n this
council bearing upon ethe a nnexationeprovidedibyv
and this
ordinance; and
WHEREAS, an opportunity was ifforded, at a public hearing hold
for that purpose on the Wit -day of 5•~ fe be.' , 1988 in the
Council Chambers for al, nterested persons to orate their views
and present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the tract of land described in said Exhibit
"A" a, an the same is hereby annexed to the City of Denton,
Texas, and the same is made hereby a part of said City and the
land and the present and future inhabitants thereof shall be
entitled to all the rights and privileges of other citizens of
said City and shall bps bound by the acts and ordinances of said
City now in effect or which may hereafter be enacted and the
property situated therein shall be subject to and shall bear its
` prorata part of the taxes levied by the City.
SECTION It. The property described in Exhibit "A" is hereby
classified as ricultural "A' District and shall so appear on the
official zoning map of the City of Denton, Texas, which map is
hereby amended accordingly.
SECTION III. Should any section or part of this ordinance be
held unto-'natituLonal, illegal or invalid, or the application
A-55/PACE ONE
I
thereof ineffective or inapplic invalidity or nineffeeti a ess uof
unconstitutionality, illegality, but as to such remain-
or llporin no tionswthereofI b impair or invalidate
such section or part
the remaining portion the aamA shall be and remain in full force
in portion or portions,
and affect; and should this ordinance for any reason be ineffective
as to any part of the area hereby annexed to the City of Denton,
arts
such u h areaeshall notsaffeatathe effectiveny such of this ordi-
of any y s Council and th hence as all of the rerei(tsr of such
ose to aannex toe they City of
hereby c ort iof the b are& described in said Exhibit "A" of this
Denton every very Ua art of such described
ordinance, regardless of whether any other p
area is hereby effectively annexed to the City. Provided, further,
that. if there is included within the general description of tertL-
tory sat out in Section I of this Ordinance to be hereby annexed
to the Citqq of Denton any lands or area which are presently part
j other
of and inc elimiuts limitatof~anor wich
are Presently p or which are not within the CC
Jurisdiction g to annex, the same is hereby exeludea and
Denton Town
excepted from the territory to be hereby annexed as fully as
such excluded and excepted area wire 39xPreesly described herein,-.
SECTION IV. This ordinance••shall be effective immediately
upon is paesage~ day of
Introduced before the City Counci on the
1988. da o£
I PASSED AND APPROVED by the City Council on the day
1988.
~Ay-BTt,~~'_
ATTEST:
CIrr ARY
APPROVED AS TO LEM FORM=
DEBRA ADAMI DRAYOVITCHO CITY ATTORny
BYt L ,
A•55/PAGE TWO
I
EXHIBIT "A"
All tY.at certain lot, tract or parcel of land lying and being _
of Texas, an being part
aituatsd in the County °f e Abet nton.s ta417 and also being part of
of the M• Forrest survey,
Lot l .nd 2, described as t followe~au Forre~~t Subdivision, an more
particularly said point being
the present city lttmits
Beginning at 8 point in ent city as described in
an inner 811 corner of the pro$
Ordinance No. 83.134, said pp M oint lying 250.0 fast north of and
Meadows
perpendicular to the cinttheinwattf boundary26 line ne o of th of n® e gMeadows
said point also lying and County of Denton,
Addition, an addition to the City Page 60 of the plat Records of
Texas as racordTexasn said npointo also lying in the east boundary
Denton County,
line of said Lot 2, Block C of said Morreau Forrest subdivision;
THENCE northwesterly 250.E feet northeast of and parallel to the
centerline of said F.M. 426 the foSlowin)6 noouth s6Tod 29!tarr;
north 63° 54 west 367•9rising the southwese corner of
1 Bloc
361.66'; (3) north 70( 37• west, p north
said Lot 20 Block C and, the southeast corner of said Lot
`the left
C of said eubdivisionr fox a total distance of 418.01;
having a red ent al of ap a ple of curve 4° to Ol' an d5)
730 10' west ~ 9of111,711. beginnin
c
iu
chord bearing and distance of north 750 10 west, 851.47 ;
northwesterly with said "curva an arc length of $51.661; (6) north
770 24' west, passing the southwest corner of said Lot 1, Block
(6) , said
C and continuing for a total distanc4 of 498.72' tto A hwest corner of
point being the intersection of the southerly t the east boundary
he tract described is Ordinanc Ordinance 6with 5-43, said point also j
line of the tract described ibed in Abst. No. Forivat lying in the lwest bo-ndar i a of,; the y liE • P bs P a R R. sure
y ~y and the
east boundary is + notch-couch public road known as
oint also 9279
MayhilliRoad for corner;
Baits same being the west
THENCE North along the present Cityaad the east boundary line of
boundary line of said Forrest survey
P. R. R. eurrey and is and Said perpendiculars to the
61
said M. E. P.
point lying approximately 40,01 west of sad p p
northwest corner of HarScrie Lee described Carpenter and wifet Carpenter t 941 and Bre ofd dain
nly y
wife, M. E. B lea
63 of the 1)RaD.C.T. for 2corner;
volume 296, page, 1
THENCE easterly passing at 40.011 more or lasso -of way olive e of
corner of said Brearley tract and the south rig
A-55
EXHIBIT "A" (Con't)
an east-west county road known as Mills Road, and continuing
along the south right-of-way line of said Mills road and the
north boundary line of said Brearley tract, passing at 609.0
feet, more or less, the northeast corner of said Brearlay tract
same being the northwest corner of a tract conveyed from Thomas
Wilburn Vaughn at ux to Thomis R. BrovAi by a dr.ed dated May 4,
1948 and recorded in volume, s44, page 270 of the D.R.D.C.T.,
continuing along said boundary line and road passing at 933.5'9
more or lose, the northeast corner of said Brown tract same being
the northwest corner of a tract conveyed from R. C. (Cecil)
Vaughn at ux to the Denton Independent School District by a dead
dated Juno 270 1972 and recorded in volume 649, page 178 of
D.R.D.C.T., continuing slang said boundary line and road passing
at 1,540.961, more or lets, the northeast corner of said Denton
Independent School District tract same being the northwest corner
of a tract conveyed from Lillian Mabry to Herbert McCurley at ux
by a deed dated February 250 1978 and recorded in volume 876,
page 743 of the D.R.D. C, T. continuing along said boundary line
and road passing at 1,961.9 more or less, the northeast corner
of said McCurlay tract same being the northwest corner of a tract
conveyed from Doyle Griffin to A, M, Baker by a deed dated July
89 1964 and recorded In volume 510, page $60 of the D.R,D.C.T.,
continuing along said boundary line and road passing ac
2,523.961, more or loss, the northeast corner of said Baker tract
same being the northwest corner of a tract conveyed to Mrs.
Bertha Griffin by a deed dated March 9 1926 and recorded in
volume 205, page 10 of the D.R.D.C.T. anj continuing for a total
distance of 2,944.9,61, more or lose to the northerly northwest
corner of the pretent city limits as established in Ordinance
83-134 and the northwest corner of said Meadows Addition for
corner;
THENCE south Oo 12' east along the present city limits, same
being the east boundary lint of said Griffin tract and the want
boundary line of said Meadows Addition passin at 465.0', more or
less, the souther et corner of said Griffin tract and the
northeast corner of a tract conveyed from Frank M. Estas at ux to
the Denton Independent School District by a deed dated June 27,
1972 and recorded in volume 649, page 180 of the D.R.D.C,T, and
continuing for as total distance of 2,579.08' to the point of
Beginning and containing 135.0 acrea, more or lase, of laud.
A-55
i+LAri OF SERVILE FOR ANNEXED AREA CITY OF UENTON TEXAS
Basic Service Plan
A. Police
Patrolling, radio responses to calls, and other routine
police services, using present personnel and equipment,
will be provided on the effective date of annexation.
B. Fire
Fire protection by the present personnel and equipment of
the fire fighting force, will be provided on the effective
date of annexation.
C. Water/Wastewater
beginewithinosixtyl(60)adaysaafterstheaeftectiveidate 0f11
the annexation for 911 facilities required to be maintained
by the City of Denton.
D. Refuse Collection
The same re ulsr refuse collection service now provided
sixtyn(60) days after be extended anneannoxed
E. Streets
1. Emergency maintenance of streets (repair of hazardous
etc.),
begin Chuckholes, on the r effectiveadate o of traffic annexation.
2. Routine maintenance on the same basis as in the present
City, will begin in the annexed area on the effective
date of annexation.,
3. Reconstruction and resurfacing of streets, installation
of storm drainage facilities, construction of curbs and
gut:lrs, and other such major improvements, as the need
therefore is determined by the governing body, will be
accomplished under the established policies of the City.
1, Traffic signals, traffic signs, street Markings, and
the
other traffic control devices will bInstalled as and
established by appropriate
traffic standards,
F. Inspection Services
Any inspection services now provided by the City (building,
beginrInathepennexAtIonaarea oniNO effectivenSatecof will
annexation.
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Service Plan
Annexed Area
Page 2
G. Planning and Zoning
The planning and zoning jurisdiction of the City will
extend to the annexed area on the eftective date of
annexation. City planning will thereafter encompass
th3 annexed area and a zoning designation for tho
property will be established.
H. Street Lighting
Street lighting will be Installed in the substantially
developed areas in accordance with the established
policies of the City.
1. kecreation
Residents of the annexed area may use all existing
recreational factlities, parks, etc., on the effective
date of annexation. The same standards and policies now
used in the present City will be followed in expandin the
recreational program and facillties in the enlarged City.
J. Electric Distribution
The City recommends the use of City of Denton for new
electric power,
h. Miscellaneous
j
Street name signs where needed will be installed within
approximately six (6) months after the eftective date of
annexation.
II. Capital Improvements Program (CIP) E
The UP of the City is prioritized by such policy guidelines
as:
A. Demand for services as compared to other areas based
partly on density of population, magnitude of problems
compared to other areas, established technical standards
and professional studies, and natural or technical re-
straints or opportunities.
B. Impact on the balanced growth policy of the City.
C. Impact on overall City economics.
The annexed area will be considered for CIP in the upcoming
CIP plan. The annexation sees will be judged according to
the some established criteria as all other areas of the City.
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ANNEXATION 3E
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DA'lc: 11/U9/88
CITY COUNCIL kEPOR'f FORtiAT
TOs Mayor and Members of the City Council U
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE ':MENDING THE FEES APPLICABLE TO CERTAIN
RNUESTS FOR ZONINU AMENDMENTS
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at i,s
meeting of October 12, 1988 (6-0).
SUMMARY:
The proposed ordinance will reduce the current fee for down zoning
requests, A petition to rezonu more than five tracts or acres from
a less restrictive to a more restrictive zoning district would have
no fee and one for five or lees tracts or acres would have a fee of
$400.00. An application and correct legal description of the
property would be required before the case was processed, Staff
will analyze each case and consider adding additional property. If
more property is included, then there will be no fee when the more
then five tract/acre U ,It is reached.
BACKGROUND:
In 1985, the City Council passed an ordinance changing the zoning
ordinance to that as of January 1,1989 properties that are zoned j
for non-residential uses will be prohibited from having residential
structures. Existing residential unite will be considered legally
nonconforming, This means that no new additions would be permitted
and if 50% or more of the building is destroyed then it cannot be
rebailt.
There has been a request by property owners in the Southridge Center
Subdivision to change the zoning in the area from retail and office
to match the existing residential uses, and n
Commission has instructed staff to proceed hwith athis grezoningicase
at no fee. At the Commission's request, staff has drafted a fee
ordinance to address the issue of any rezoning to a more restrictive
district.
FROc+'RAti9_ _DEPARTMENI'5 OA GROUPS AFFECTED:
Planning and Development Department w',11 have to do its standard
case review.
1
Downzoning Fees
November 9. 1988
Page 2
FISCAL IMPAC.s
Downzoning cases have not been common in the past, so thn fee change
may not really affect revenues.
Res tfully subm tted.
i
Pre ed by $
+CHEnage r
ElicWth vans
Planning Administrate.
App veds
E F an H. Ro ins a-
Executive Dirz2t-ir for
Planning and Development
1578x
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F62 Ml nu t e s
k September 28, 1981
Page 7
Motion was seconded by Mr. Kamman and unanimously carried
(6.0).
Ms. Brock moved that staff prepare a policy statement that
says Oak Street will hwve no more than two lanes of traffic
plus parking, with the traffic pattern to remain as it Is,
and no parking will be removed in any area. This policy '
would be attached to the thoroughfare plan In the Denton
Development Plan. Seconded by Mr. 11 of 1. and unanimously
carried (6.0).
i; B. Make a recommendation on preliminary replat of Lots 1.23
to Lots 1R-16R and Lots 42.43 to Lots 42R-SIR, Block A,
The Woodlands of Township I1.
STAFF REPORT: Ms. Evans stated that the prellmin,ry replat
U fff oETF=FS to Lots 1R-16R and Lots 42.43 to Lots 42R•S1P.0
r Clock A, The Woodlands of Township 11, is being done in
con}unction with the toning case heard earlier in the
evening. The property is toned PD-6 snd single-family
development fs anticipated.
DLGISION: Mr. Kamman moved to recommend approval of the
pre m nary teplat of Lots 1.23 to Lots 1R-16R and Lots
42-43 to Lots 42R-SIR, Block A, The Woodlands of Townshipp
ll. Seconded by Ms. Morgan and unanimously carried (6.01.
1 t. Make a recommendation on proposed fee for downtoning of
I non-residential toning districts where residential uses
exist.
STAFF REPORT: Ms. Evans stated that she had infots:ed the
Tomm sT a few meetings ago that the City proposed a
system to initiate downtoning In some areas. The
Commission needs to look at some existing land uses that
are currently toned for higher intensity uses. Under the
cummaletive toning lax, residential structures in nouresi•
dcntial districts will not be allowed to rebuild if over 30
percent of the structure is destroyed and they also cannot
do additions. The Commission might want to consider a
reduction of one-half of the current fees of 5800,00 for
five acres or less and $1,100 for meet than five acres.
Other options are to have no fee at all or to have no fee
for downtoning properties In the nan•cunmalatlve toning
j district and then one-half or some other fee for propetties
that are general downtoning cases froro one residential use
to another. Staff recommends Lhe option of one-half of
current fees. Ms. Evans stated that there are propert'
owners from Southridge currently toned for nonresidential
uses present at the meeting. The existlnl land use Is
two-family and the property is deed restricted for resi-
dential uses, She staled the cummalalivelnon•cummalitive
ordinance becomes effective Januaty 1989 to prevent build-
l,tR new residential units In a non-residential district.
~c The ordinance was approved bees Use there was a problem with
y eople building multi-family untie In industrial districts.
these uses were unanticipated and the infrastructure was
not In place, Several residents of the neighborhood could L
bring in a request together and split the fees,
C Mr. Roll asked if down toning would solve the problem of
the ptople being able to odd on or rebuild Ir necessary,
Ms. Evans said yes.
Mr. Molt asked if the people will have to go through the
regular toning process. ~is. Evans 3ald )es.
Fred Vaughan, 306 lially IFill, stated that the develotment
he resides In was approved 16 years ago, 'the Clty has now
plated restrictions on the property that are unfair to the
residents. The residents should not be asked to correct
scmethln that is not their fault. The property is now
' unsolimb ~a,
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PAZ Minutes
September 28, 1988
Page 8
He sold that If he needed to, he would be unable to sell
his property to move to a retirement home because no
mortgage company will make loans on the property. the
development met city standards when It was built. The
residents would not appreciate a City Initiated downroning
at ro charge to the residents.
Larry Burns. 2002 Woodburn, stated that he was turned down
for a loan oil his property because of the tontng problem
and that when he received an offer for his property, the
buyers loan request was rejected as well. This problem
will have on adverse effect on property values. Mr. Burns
urged the City to downtone the property at no cost.
Ann Storm, 900 Londonderry. stated that she is representln`
Hollyhlll Apartments. As an a srtmenl community, they wish
to conform to City toning requirements. The propertyy value
will be seriously affected and the apartments could in the
course of time become a slum. It is not fair to penalise
property owners for events beyond their control. Ms. Storm
s,rggested that the City compromise and do free downroning
for a year.
Mr. Bunn stated that several lots In the neighborhood have
not been developed. As the neighborhood is residential in
nature, he would like these tots to be downtoned as well.
No, Evans stated that when a zoning request Is made, those
properties can be included. Ms. Evans stated that Yvonne
Jenkins of the County Historical Commission has requested
that the Commission consider the Issue of downroning in the
historic district.
Hr. kamman asked how much dewo!oning costs the city.
Mr. Bobbins stated that the fees charged for zoning cases
represent the average cost of processing.
Its. Brock stated that if the City does not charge a fee to
I the petitioner, then the taxpayers bear the cost.
i Mr. Holt stated that if the fee Is cut in half, the neigh-
borhood could request the toning change me a roup and
split the fee. lie sold that It would be bettger for the
city to `rocess the downroning in I:, a groups. If a
number o{ Individuals come in separately, II will greatly
affect staff time. Charging na tee at all will ercourage
people to come in with Individual cases.
Ms. Evans stated that she is concerned about e city cost
and staff time if staff has to do the fleld nothtes for un- ~I
platted properly, she sold tat regardless of what fee Is
required, the petitioners should go through the sppltulion
process,
Ms. Evens sold that staff would like to do a map of areas
where the cummalstlve/non-cummalatlve zoning ordinance will
create problems. The Commission could pprlotitlae the areas,
She stored that unfortunately It would be a lengthy process.
Mr. Holt stated that if the City went t'irough that type of
totes: of Ricking out which areas to initiate downroning
Rn, the citizens of Southrldge would have the option of
waiting on the City or paying a fee.
Ms. Evans stated that the citizens of Southrldge are in a
hurl The Commission could instruct staff to go ahead and
initiate downroning on a specific ores.
Ms. Brock stated that the COamis:ion wants to encourage
groupp downroning, She pointed nut that If the city
inltlotes a process It will be mare contreversial.
p6Z Minutes
September Sa, 1966 i
Page 9
Mr. Robbins suggested a smaller fee for the smaller tracts,
Mr. Holt stated that the citltens have an Immediate
problem. To Institute a sliding s[s]e would require
f
urther study. I`+
Mr. Robbing
reduced fee
costs slit is just
something to help the people,
Ms. Evans stated that one possibility Is to set conditions
so that for so many lots, acres, or property owners there
would be no fee.
Ms. Brock agreed that the fee should be waived or reduced,
its. Evans staled that toning cases take 6 - B weeks for
ptocessing and that it will take about four weeks to get a
fee change approved. QQ
f Mr. 1101t
would
still be uncooperative because of the uncertain future.
Mr. Robbins suggested that when People request dewn:onfng
the master plan could automsite ly be consulted and a
whole area downtoned, If needed.
Ms. Brock
downaoningsIngtheeSouthridge area withhneighborhoodlate
assistance,
Mr. Burns asked about the people who might not wish
their property downtoned, to have
Mi.
theirvSubdivision plotaandhmarkitheolotadtoDnelchanpedY of
Ms. Brock that the City Initiate downtonfng on the
t Southrldge properties with neighborhood assistance and that
the discwslon of fees be cabled until the neat meeting
pein; more information, Seconded by Ms. Mor gan and
una nnimously carried (6.0
Mr, Molt left the meeting,
D. Make a recommendation on the sale of city owned proppereaty
located at the nuttheast corner of North Locus I. and ch
streets, (11-4s) Ms. Evens at ted that the CIt is requesting disposition of W
property left over when the Clty recanstrucepped the Inter- '
reet, Two Y ~K
beenidane EThessecondedaotnesfoundsno valuepinaihelproperty
propertyCand recommends that IttbeldeededmtonMr.nilardesty
who has been maintaining the land,
Ms. Brock asked If Mr, Hardesty wants the property,
Ma. Evans said yes.
It was moved by Mr. Glasscock, seconded by Ms. Morgan and
unanlmously carried (5•0) to recommend approval of the
disposition of property Totaled at the Intersection of
locust and Peach Streets (D•e)),
E, mMake ately lSSorcresalou tcd iouihJef MllisaRoad,oeaytpotai
Mayyhill Aoad, slid north of Mclinney Street adjacent to
existing city limits. (A•95)
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P42 Minutes
October 12, 19!8
Page 2
Its. Carson snid that in regards to the utility lines there Is a
V water and an s" sewer line along Brittany and Bayb eld Drives.
She said that road must be cut to supply services to the lots an
the east side. She stated that the 'Iralhage Improvements were
completed with the original plat of udra Meadows Addition, '
PETITIONER; Donna Owen, 101 S. Locust, stated that she was
represent ng the owners anA requested the Commissioner's
approval of the detailed plan.
IN fAYOR: None Present.
OPPOSED: None Present,
RECOMMLNDATION: Ms, Carson stated that staff recommended appro-
ve w E- a condition that all buildings meet minimum standards
for the single family 7 district, according to ordinances except
the minimum lot area shall be 6,000 square feet and that the
property will be completed In phases as outlined In the develop-
ment standards.
REBUTTAL: None Offered.
Chair declared public hearing closed,
DECISION; Mr, kamman moved to recommend approval of 2.66-019
wit t e conditions outlined by staff. Seconded by Ms. Morgan
and unanimously carried (S•0),
III, Consider making a recommendation on preliminaryy replat of
Lots 2SA throw b 16B and Lot 27 Block A, and LatI 20A thou CCh
349 and Lots 3~A through 368, Bf ock B, Into Lots 2S thro I. 47,
Block A and Lots 20 throw h 34 and Lots 36 through 38, Block B,
of the Audto Meadows AdditIon.
STAFF REPORT: Mr. Yost stated that the Development Review
Comm ttee recommends approval of the preliminary replat. lie
added that staff recommended approval with the condition
Irohlbiting the development of Lots 27.47, Block A, until the
water and sewer taps are Installed and the street repaired.
LECISION: Mr, Glasscock moved to recommend approval of the
pre n nary replat of the Audca Meadows Addition with the
recommende tend Itlon, Seconded by Ms. Morgan and unanimously
{
E+ Mr, Molt returned,
i lY, Constler making a recommendation on a proposed fee for
downtoning.
STAFF P,bPORTI Ms, Evans stated that the downtoning issue was
it¢- " x @T a previous meeting. Based on the comments made by
the Commission, the staff looked at the alternative toning fees
to charge, Staff proposed a fee of $400.00 for five acres/
tracts or less ■nd no fee for fire or more acres/tracts.
She sold that staff would also like the Commission to consider
if the downtoning should be applicable In cases when property
would be downtoned from non-residential to resident! , as well
as when property would be downtoned from a non-residential
category to ar.olher non-residential category (i.e, commercial to
1 office), Ms. Evans added that atafE requests an application be
Ir completed which would Include a Legal desctlpllon of the
property to be downtoned.
Mr, kamman asked if there has been the same problem with people
I In light industrial (LI) not being able to get financing or
selling their property like the group of homowners at the last
reeling, MI, Evans told she was aware of this situation,
Ms. Brock asked if it would be nore of a problem for staff to
downtone commercial (C) property and light industrial (L]),
Ms, Evans stated that she did not see a problem with lt.
(
P82 Minutes
October 12, 1968
Pape 3
Ms. Brock asked If staff objected to including all areas for
downtnning and not just res denlial. Ms. Evans said there were
no objections.
Mr, ]]air stated that. he felt the fee could become a problem It
the property to be downroned was owned by a retired couple and
they could not afford to have a legal description prepared.
Ms. Evans stated that the question was whether the City should
cover the expense for the surveyor but this would not be a
problem if the property was already platted.
Ms. Brock asked If the Cemmisslon had the right to decide
whether the property should be initiated by the City. Ms. Evans
said yes.
On question from Flr. Ka minan, Fls, Evans stated lnal the five
acres/tracts do not have to be side by side and could be across
the street.
Mr. Holt asked If the pproperty owners would have to pay for the
city initiated downroniIt. Ms. Evans sold no, there would be
only a charge when Initiated by the property owners with less
than five acres/tracts.
DECISION: Mr. Holt moved to recommend approval of the tee of
3TUU_.Wfor five or less acres/tracts, and no charge for five or
more acres/tracts with a complete application. if o legal des-
cription is required, the petitioner must goy for the surveyor.
Seconded by Mr. Glasscock.
Ms. Brock asked If a lawsuit could be filed against the City In
the event of hardship. Mr. Morris stated that he did not fael
It would be a proble, since the property owner would not have to
pay If toning Is initiated by the city.
Mr. Robbins stated the charge is for non-city initiated down-
toning. IF the city inltlates the downtoning, the city will pay
for the survey and the legal description.
Chair called for a vote on the notion and carried it unanimously
- Ms. Stock moved to recommend that the downtoning apply to all
toning districts. Seconded by Mr. EngaIbrecht and unanimously
tried (6.0).
9. Consider establishing a toning category to permit a home wedding
and reception business.
STAFF REPURT: Ms. Carson stated that Diane Duncan contacted
tETs -7irribout developing a hone weddintt and reception in a
residential district, She sold that Ms. Duncan felt there was
a need for the service since some couples did not want to get
married in a church or justice of the peace office,
Ms. Carson stated that staff first considered the request, In
relation to home occupations, but use did not fit because it
included on-premise merchandising and increased traffic. Staff
did feel that there may be a possibiilty with creating a Speci-
fic Use permit (SUP) cateacry. In the consideration, staff
found that a church was allowed in all toning districts, a day
cue center could be in residential toning districts with a SUP,
and private schools were allowed in residential areas with a
SUP. She said the only difference would be that the home
wedding would generaa traffic on nights and weekends.
Fls. Corson continued that staff did have some questions
retardli.ee the Pparking and felt that a circular driveway may
helpp ]E the lonmisalon approved bsving the business n a
tesidenliak ayes with a SUh, the e u If would identity the
required parking and as with a day care center the circular
driveway would be considered.
t
` NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES
APPLICABLE TO CERTAIN REQUESTS FOR ZONING AMENDMENTS= AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
L ACTION I :hat Section II. B. of Ordinance No. 86-202, is
amended to read as follows:
B. Fees provided for in Article 26 C for original zoning,
or zoning amendment, other than a planned development:
j 1. Leas than 5 acres $800.00
2. 5 acres or more $1,100.00
3. The following fees shall apply in lieu of 1 and 2
above, for any request for a rezoning of property from
a less restrictive to a more restrictive zoning district,
upon submittal of an application and correct legal
description of the subject property:
as More than 5 tracts or 5 acres No fee
b. 5 or less tracts or acres $400.00
SECTION IZ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of tv88.
iRAY STEPHENS, MAYOR
ATTEST:
JENNIFER WAIlPERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
BY,
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DATE: 11/09/88
i
CITY COUNCIL REPGRT FORMAT
.
TO. Mayor and Members of the City Council
FROM: Floyd V. Harrell, City Manager
SUBJECTt ADOPTION OF AN ORDINANCE ABANDONING AND VACATING A CERTAIN DRAINAGE
AND COMMUNICATIONS EASEMENT WITHIN THE RIDGE OF SOUTHRIDGE
f1 SUBDIVISION, RESERVING A PORTION FOR A COMMUNICATIONS EASEMENT
RECUMMENDATIONt
1 The Planning and Zoning Commission recommended approval at its
meeting of August 31, 1988 (6-0).
SUMMARYt
1
E-B. Abandonment of a 16 foot drainage and communications easement
and establishment of an 8 foot communications easement at Lot 4,
Block B, The Ridge of Southridge.
i BACKGROUND-
The establishment of a 16 foot drainage and communications easement
at Lot 4, Block B, The Ridge of Southridge, was an error on the
original plat document. It should have been an 8 foot communica-
tions easement. This error was discovered when the petitioner,
Dr, Gershner, requested a fence permit, She subsequently requested
the abandonment of the drainage portion of the easement.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt
None
j
FISCAL IMPACTi
None I
~ Res ully subm di
Prepared byt loy V. Harrell
City Manager
1i et Ev ns
Planning Administrator
Ap ved~
ran,... o ne, AICP
Executive Director for
Planning and Development
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P62 Minutes II
August 31, 1988
page 7
l 8, E•B. Make a recommendation on a request for abandonment
af'"a 16 toot drainage and communications easement and
tstablishment o[ an 5100t communications easement at I
Lot a, Block B, The Ridge of Southridge.
STAFF REPORT: Ms. Evans stated that on error in the
widtH o t e easement wu discovered when the petitioner,
Ur. Yera Cershner, requested a fence permit. Shu sold a or easementbatsLotn4,oBlock60, ThedRidgegofaSouthrldge, wasps
an error on the original plat document. It should have
been an eight foot comnun cations easement.
Ms, Evans staled that the Development Review Committee
recommends approval.
tECISION: Mr. Kamman moved to recommend approval for
a on onment of a lb foot drainage and communications
easement and establishment of an eight foot communica-
tions easement at Lot a, Block B, The Aldge of : uthridge.
Seconded by Mr. Holt and unanimously carried (6.0).
C. ZO~SO9Macres locatednAL FMn218 A doOld Alton on prosed annexation of
H", PEPORT: Ms. Carson stated that after a submi tal
or-, y1Ti'or development of the Shady Oaks Mobile Ilome
Perk, the City Council requester staff to proceed with
annexation of the property. She sold the property was
previously subdivided which required submission of the
plat. The City Council directed staff to begin the
annexation rocproess of :study session on May 17, 1988,
She Bald thpe perty aplso Includes a tract at the north-
west corner
ertouslyasubdlrided fromnthon the e tractLt, but
the tractfwshhse prrpro
shown on the plat.
Ms. Carson continued that City services ate available in
the area Including utilities. She said that FM 2111 Is
a state road and no toad improvement would be necessary.
She added that the Council Ass held two public hearings,
and a copy of it letter from the owner expressing his
objections to the annexation is included with the reply
forms.
Mr. Mott asked If the area was toned. Its. Carson stated
that the City atn:exed the Skyfab Addition and a 500 foot
strip along FM 2181 on July 7, 1987 to tie the city limits
ihto the Corinth city limits. This was toned temporary
I agricultural (A).
DECISION: Ms. Brock moved to recommend opprovsl of A•56.
rcon a by Ms. Motion and unanimously carried (6.0).
IV. Discussi:' of revisions to the sign udinonce.
l Ms. Carson stored that there were four areas that she wanted
to discuss regarding the revisions to tI,a sign ordinance.
Ms. Corson stated that the first topic to be discussed
concerns a partial ban versus a tout ban of portable signs,
She said that a partial ban would be le allyy possible but
enforcement would be difficult. She sold thot nan•commercial
messages are neither on nor off premise so additional portable
sighs could be placed in the City. Examples would be churches
pplacing Bible verses on slgns and non-ppSSW it agencies advertio-
ng co:munity be causeiconmerelat business askwouldtnot berables
Ing p
5 it
to bare porublioblem s lnlentotcemenluotdlhe otdlnanre~h it
would present p
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PLOT PLAI
4- a
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THE RIDGE OF SOUTHRIDGE
DENTON, TEXAS
I , n fRAIN ACI,'i
Il 9 ou ) Val 31F Py VA
a ,
i6 N4r1/'11"1 307.24
/ ~4COw 17111 W +
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t ic I"
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1A, All, r, 0
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'066,!861 OROCT
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I,Y^Lt4^p yytif~` 1+5, 4 CURVC DATA
7,A t 4 in w-oNdr Ti 00 f li- 1164
'1{ 0 r' I 0 ' 2"00 10 91 to It
«1 on a 115,00 10 51 11.01 I
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THE RIDGE Of SOUTHRIDGE
!LOCK! A66
11.146 All.
1 JOHN Mt00WAN PAVE/ A•1P1
CdY 6 COUNTY OF OINTON, Td AI
1" .100'
ClTYofDENTON,TEXAS MUNICIPAL SUrLD1NG / .)EN TON, TEXAS 76201 / TELEPHONE(817)566.8200
MEMORANDUM
v
DATE: August 24, 1988
TO: Elizabeth Evans, Planning Administrator
f FROM: Roger N. Wilkinson, Right-of-Way Agent
SUBJECT: Drainage easement abandonment (Lot 4, Block B - The
Ridge of Southridge)
The above referenced drainage easement was dedicateO by plat on
December 13, 1984 and recorded in cabinet D, page 330. It has
been determined by the Engineering division and the Engineering
firm, (Metroplex, who prepared the plat) that the easement was
arbitrarily shown by a drafting Arror. The drainage facilities
do not utilize any portion of the easement on this lot.
Since this easement was dedicated and was erroneously shown on
the plat, I would recommend that the drainage portion of the
easement be abandoned for a nominal (application) fee or at the
city's cost.
If you have any questions or need additional information,
contact me at your earliest opportunity.
RogetJN. nson
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NO.
AN ORDINANCE OF THE CITY OF DENTONo TEXAS, ABANDONING AND VACATING
A CERTAIN DRAINAGE AND COMMUNICATIONS EASEMENT WITHIN THE RIDGE OF
SOUTHRIDGE SUBDIVISION; RESERVING A PORTION THEREOF FOR A
COMMUNICATIONS EASEMENT! AND DECLARING AN EFFECTIVE DATE.
I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
$FCTION t, That the drainage and communications easement
located on Lot 4 of Block B of the Ridge of Southridge subdivision,
as dedicated by the final plat thereof recorded in Cabinet D, Page
330, of the Plat Records of Denton County, Texas, being more
particularly described in Exhibit "A", attached hereto and
incorporated herein by reference, is abandoned and vacated;
provided, however, that there is hereby expressly ressr,.#ed and
excepted from vacation and abandonment, a communications easement
located and lying within a portion of the easement herein abandoned
and vacated, as described in Exhibit "B", attached hereto and
incorporated herein by reference.
SECTION ii. That by operation of law the City of Denton's
property interest in the easement herein abandoned and vacated
shall revert to the abutting property owner, whether one or more,
and the City of Denton hereby releases all claims to the use of the
property in said easement for the purposes therein stated, save and
except therefrom, the easement herein reserved.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY STRPHENS, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY$ -Yr-zi=^
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EXHIBIT "A"
$372.82
a. FIELD NOTES'
A 16 loot wide dralnart end contmunicottonr tasenttnt (ext,11104)
BeOlnnin j at the eat cornet of Lot 4, Block B, the Ridge of Southrldle as shown by
plot recorded In Cabinet D, Page 3300 Plot Records, Denton County, Texas;
Thence South 42 degrees 09 minutes 30 seconds West with the southeast line of is Id
Lot 4 a distance of 142.313 feet to the south corner of sold Lot 4;
Thence North 41 degrees 14 minutes 42 secon9l West with the southwest line of sold
' Lot 4 a distance of 16.11 feet to a point for corner; I
Thence North 42 degrees 09 minutes SO seconds East parallel to and 16 root
northwest of the southeast line of said Lot 4 a distance of 142.91 feet to a point for
corner in the right-of-way of Hollyhlll Drive;
Thence South 39 degrees 22 minutes 27 seconds East with said right-of-way a
distance of 16.19 feet to the Point of Beginning and containing 2,212 square feet of
land.
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` EXHIBIT "B"
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FIELD NOTES
do d /00, wide cammunleaslorts easement
Beginning at the cost corner of Lot 4, Block B, The Rldge of Southrldge as shown by
plat records In cabinet D, Page 330, Plot Records, Denton County, Texas;
Thence South 42 degrees 09 minutes 50 secondo West with the southeast line of said
Lot 4 a distance of 142.38 feet to the eouth corner of sold Lo' 4;
l Thence North 41 degrees 14 minutes 42 seconds West with the southwest line of said
Lot 4 a distance of 8.03 feet to a point for corner;
l
Thence North 42 degrees 09 minutes 30 seconds East parallel td and eight foot
northwest sf the southeast line of said Lot 4 a distance of 142.65 feet to a point for
j corner In the rlght•of•way of Hollyhill Drive;
Thence south 39 degrees 22 minutes 27 seconds East with said right•of4ilr e
distwo of 3,09 feet to the Point of Beginning and cootelaing 1,140 eQurre feet of
lord
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DATEt 11/15/88
CITY COUNCIL REPORT FORMAT
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TOt Mayor and Members of the City Council
FROMt Llold V. Harrell, City Manager
SUBJECTt CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS
PROVIDING FOR AN EXTENSION OF A MORATORIUM ON THE ERECTION,
CONSTRUCTION, OR PLACEMENT OF THE FOLLOWING SIGNSt OFF-PREMISE
PORTABLE SIGNS, MORE THAN ONE ON-PREMISE PORTABLE SIGN ON ANY ONE
PREMISE, ALL GROUND SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER
30 FEET IN HEIGHT, AND ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER
GROUND SIGN ON THE SAME PREMISE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2.(X)0.00 FOR VIOLATIONS THEREOF; PROVIDING FOR
THIS ORDINANCE TO BE IN EFFECT UNTIL AND INCLUDING FEBRUARY 21,
1989; AND PROVIDING FOR AN EFFECTIVE DATE.
RECOMHENDATIONi
The Planning and Zoning Commission concurs with the extension.
SUMMARY1
The recommendation,+ are intended to reduce the proliferation of
signs in the City in order to enhance the overall appearance of the
City. A study session was conducted by the Commission on July 13,
1988 with representatives of the Task Force and the sign industry.
The Commission has continued to review the revisions at their regu-
lar meetings. The Governmental Affairs Committee of the Chamber of
Commerce has requested additional time to study the proposals. The
extension is necessary to allow for the review to continue and due f
to the Council meeting being moved from December 6 to December 13,
1988.
BACKGROUNDi
The Task Force was appointed in 1987 to review and make
recommendations on ways to beautify the City. Sign Ordinance
amendments were proposed as one mechanism to improve the aesthetics
of the City.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt
Citieens, Sign Companies, Future Sign Uaers, Building Inspection,
Code Enforcement, and Planning Department.
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Signs.
November 15, 1988
Page 2
FISCAL IMPACT:
The moratorium has not made a significant impact on revenues.
Reap fully submi teds
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Prepared by3
Ci Manager
Cecile Carson
Urban Planner
App ovedI
no
Eseeutive Director for
Planning and Development
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
EXTENSION OF A MORATORIUM ON THE ERECTION, CONSTRUCTION, OR
PLACEMENT OF THE FOLLOWING SIGNS3 OFF-PREMISE PORTABLE SIGNS, MORE
THAN ONE ON-PREMISE PORTABLE SIGN ON ANY ONE PREMISE, ALL GROUND
SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN HEIGHT, AND
ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER GROUND SIGN ON THE SAME
PREMISE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR THIS ORDINANCE TO
BE IN EFFECT UNTIL AND INCLUDING FEBRUARY 21, 1989; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted ordinance No. 88-128,
providing for a moratorium on the erection or placement of certain
signs until December 6, 1988; and
WHEREAS, the City Council has determined that it is necessary
to extend the moratorium to provide additional time to compplete
its review of proposed changes to the City's sign regulationst
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
,QZ.=IOH I. That notwithstanding the provisions of article !I
of Appendix B-Zoning of the Code of ordinances, no permit shall be
issued for any ground sign to be located within a non-residential
zoning district, which has an effective area greater than 150
square feet, a height greater than 30 feet, or which is to be
located within less than 500 feet of another ground sign on the
same premise, except as followss
A. The provisions of this section stall not apply to ground
signs located along Interstate Highway 350 35V, and 35E, and
U.S. Highways 377 and 380, for which a permit it required from
the Texas Department of Highways and Public Transportation.
B. The provisions of this station pr,)hibiting the issuance
of a permit for any ground sign over 30 feet in height shall
not apply to any medical emergency ground sign for which a
special exception is allowed in accordance with section "I.
Special Exceptions Allowed" of article 17 of Appendix B-Zoning
of the Code of Ordinances.
UM ION II, That notwithstanding the provisions of article
11 of Appendix B-Zoning of the Code of Ordinances, it shall be
unlawful for any person to intentionally or knowingly erect or
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place, or allow or cause any other person to intentionally or -
knowingly erect or place, any off-premise portable sign on any
premise within the City of Denton.
sEcTTON IIi. viat notwithstanding the provisions of article
17 of Appendix B-Zoning of the Code of ordinances, it shall be
l unlawful for any person to intentionally or knowingly erect or
I place, or allow or cause any thanr person to
portablel sign
knowingly erect or place more
on any one premise within the City of Denton.
•;EnmrON IV, That it shall be unlawful for any parson owning
or control 9 any premise within the city of Denton to
intentionally or knowingly permit, allow, or cause any other person
to erect, construct, or place any sign on the premises owned or
controlled by that person, that would be in violation of any
provision of this ordinance.
SECTION V. That the words "off-premise", "ground sign",
"portable sign", "premise", "non-residential zoning district", and
"effective area", or any other word as used in this ordinance,
shall a®Appe di B-2nig of he Code prescribed of Ordinances. by
article 17 of
SECTION VI. That except as otherwise specifically provided
for in this ordinance, all the provisions of article 17 of Appendix
B-Zoning of the Code of ordinances relating to administration and
enforcement of sign regulations shall apply to the signs regulated
by this ordinance, including but not limited to, the measurement
of o portable unlawful
the
signs,
and the effective identifiction and registration removal
SECTION Vii. That any person violating any provision of this
ordinance uhall, upon conviction, be fined a sum not exceeding Two
Thousand Dollars (52,000). Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
9=199 V I- That the provisions of sections 1, V, and VI of
this ordinance shall become effective immediately upon passage of
and
of n February, 1909.
until c and including the thereafter 2lst day continue
this effect ordinance
SECTION IL That all other sections of this ordinance shall
become effective fourteen (14) days from the date of its passage
and shall thereafter continue to bo in force and effect until and
including the 21st day of February, 1989.
ff,9N9N That the City Secretary is hereby directed to
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cause the caption of this ordinance to be published twice in the
Denton Record-Chroniole, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of ,
1988.
RAY STEPHENS, MAYOR
ATTEST,
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JENNIFER WALTER, CITY SECRETARY
APPROVED AS TO LEGAL FORMt
DEBRA ADANI DRAYOVITCH, CITY ATTORNEY
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2526L /
NO.
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST
AND WEST BOUND TRAFFIC ON NEWTON STREET FROM ITS INTERSECTION
WITH WILSON STREET TO ITS INTERSECTION WITH MORSE STREET; FOR
NORTH AND SOUTH BOUND TRAFFIC ON WILSON STREET FROM ITS INTER-
SECTION WITH NEWTON STREET AND CONTINUING NORTH FOR A TOTAL
DISTANCE OF 442 FEET; PROVIDING FOR A PENALTY OF A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN":
SECTION I. Based upon an engineering and traffic investiga-
tion ereto ore made as authorized b the provisions of Section
169 Article 6701d, V.T.C.S., the foollowing prima facie speed
limits for portions of Newton Street and Wilson Street are hereby
determined and declared to be prima facie reasonable and safe,
and such speed limits are hereby fixed for vehicles traveling
upon the following named streets, or parts thereof:
Location Extent Speed Limit
A. On Newton From its intersection with Wilson 20 MPH
Street Street to its intersection with
Morse Street.
B. On Wilson From its intersection with Newton 20 MPH
1treet Street and continuing north for
a total distance of 442 feet.
SECTION 11. Based upon an engineering and traffic invest! a-
II~ tion ereto ore made as authorized b the rovisi g
169, Article 6701d, V.T.C.S. the p one of Section
rima miles per hour for portions of Newton Street and Wils niStreet is
hereby determined to be prima facie reasonable and safe, and such
1 speed limits are hereby fixed for vehicles travelling upon such
I- streets.
fr SECTION III. That if any section, subsection, paragraph,
sentence, c "use, phrase or word in this ordinance, or a lication
thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions o: this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
SECTION IV. That this ordinance shall become effe:tive
fourteen eye from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1988.
RAY N i'EPAENS , RAYOW'1----
ATTEST:
7ENRI F ER~ WArTERSl-CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY: 19E!Lti3G I
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SpEEP .ZOt- 11-40. OF M L K
FZEGRBATION GTR..
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MEMORANDUM
DATE: September 26, 1966
TO: Citizens Traffic "Fety Support Commission
FROM: Paul Iwuchukwu, Traffic Engineer Associate
SUBJECT: Traffic Meeting October 3, 1966
ITEM 92 SPEED ZONING OF THE MLK RECREATION CENTER:
The MLK Recreation Center is zoned for speed as
follows:
On Wilson Street, from its intersection: with Newton
Street to the MLK property corner, 20 mph both
directions for a total distance of 442 feet;
On Newton Street, from its intersection with Wilson
Street to its intersection with Morse Street, 20 mph
both directions for a total distance of 592 feet.
Staff recommends approval.
3 DRIVEWAY VARIANCE REQUEST BY MCDONALD'S CO ATION:
Th Donald's Corporation is requ ing a variance
to co uct an additional veway on their
restaurant 06 W, Universi Drive in Denton (see
attached letter . They fee the proposed drive would
help update the stor o day's standards.
The driveway on a east rner of the facility
(driveway !1) i already causing tremendous problem
for traffic University Drive. icles entering
the facil slow down almost to a ha backing up
trafft on University Drive. One of the ses of
this roblem is the lack of a bigger turn rad n
t driveway. Another cause of the problem is lac
f adequate stacking room. What complicates the
MINUTES
Citizens Traffic Safety Support Commission
October 3, 1988
PRESENT: ug Chadwick, Mike Amador, David Grah John Erwin,
an irginia Gallian
ABSENT: Vivian E rds, John Tompkins, ne Gohlke, and Bruce
Chamberlain
STAFF: Paul lwuchukwu, ffic gineer Associate
Manny Coronado, Tra Supervisor
Captain Jim Dotson, o ce Department
ITEM Y1 APPROVAL OF AU T 1 1988 TES:
The meeti was called to orde at 5:30 p.m. on
Monday, ctober 3, 1988 by Doug Cha ck. Virginia
Galli made a motion to approve the inutes as
wr en. John Erwin seconded the motion. Motion
p ssed unanimously
ITEM 12 SPEED ZONING OF THE MLK RECREATION CENTER:
Paul Iwuchukwu presented the request indicating where
speed limit signs would be posted. He stated that
all Parks and Recreation centers and schools are
required by ordinance to be zoned for speed. The
Martin Luther King facility is near completion and
zoning is recommended.
John Erwin asked if Morse street should be zoned at
20 mpi,. Paul said staff did not feel it was
necessary at this time. Staff will look at that at a
later time if traffic warrants. Paul said most
e4le are using Morse street as a cut throug!i to the
tall since Woodrow Lane is closed. E
Staff recommends approval of speed zoning for Martin
Luther King Recreation Center as follows:
On Wilson Street, from its intersection with Newton
Street to the MLK property corner, 20 mph both
directions for a total distance of 442 feet;
On Newton Street, from its intersection with Wilson
Street to its intersection with Morse Street, 20 mph
both directions for a total distance of 592 feet.
STAFF RECOMMENDS: Approval
COMMISSIONERS: Virginia Gallian made a motion to accept
staff recommendation. John Erwin second the
motion. Motion passed unanimously.
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CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN
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THE CITY OF DENTON, TEXAS
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AND
SAMMONS COMMUNICATIONS, INC.
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TABLE OF CONTENTS
SECTION 1. TITLE .....................................2
SECTION II. PREAMBLE ..................2
SECTION III. DEFINITIONS ...............................2
SECTION IV. GRANT OF AUTHORITY ........................2
SECTION V. POLICE POWER ..............................3
SECTION VI. SYSTEM UPGRADE AND TIMETABLE ..............3
SECTION VII. IDEMNIFICATION AND INSURANCE ..............5
SECTION VIII. COMPLAINT PROCEDURE .......................6
SECTION IX. CONSTRUCTION AND MAINTENANCE ..............7
SECTION X. CONSTRUCTION AND EXTENSION ................8
SECTION XI. CONSTRUCTION BOND REQUIRED ................9
SECTION XII. GOVERNING LAW 10
SECTION XIII. FRANCHISE TERM 10
SECTION XIV. RENEWAL PROCEDURE ........................10
SECTION XV. PERFORMANCE REVIEW .......................10
i
SECTION XVI. REPLENISHING LETTER OF CREDIT.....4...... 10
SECTION XVII. SECURITY FUND ............................11
SECTION XVII1. FORFEITURE ...............................13
SECTION XIX. TRANSFERS ................................13
SECTION XX. FRANCHISE FEE 13
SECTION XX1. RATES ....................................14
SECTION XXII. ACCESS TO SERVICES AND FACILITIES 14
SECTION XXIII. EMERGENCY OVERRIDE 17
SECTION XXIV. PROGRAMMING MIX..........................17
SECTION XXV. FORCE MAJSURE ............................17
SECTION XXVI. NOTICES ..................................18
SECTION XXVII. SAVINGS CLAUSE ...........................19
SECTION XXVIII. CONFLICTING ORDINANCES AND ...............19
RESOLUTIONS
SECTION XXIX. FEES .....................................19
SECTION XXX. PAYMENT OF TAXES .........................19
SECTION XXX1. NON-LIABILITY ............................20
SECTION XXXII. WAIVERS ..................................20
SECTION XXXIII. APPROVAL AND ACCEPTANCE ..................20
3
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2518L
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC., TO CON-
STRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF PORTIONS OF THIS ORDINANCE; PRO-
VIDING FOR A SAVINGS CLAUSE; PROVIDING FOR TFE EFFECT OF THIS
ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING
AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
WHEREAS, the City is authorized to grant, renew and deny
franchises for the installation, operation and maintenance of
cable television and other telecommunications systems, and
otherwise to regulate cable television within the City's
boundaries by virtue of (i) Federal and State statutes, (ii) the
City's police powers, (iii) the City's authority over its public
rights of way, and (iv) other City powers and authority; and
WHEREAS, the City has undertaken an extensive review of cable
television service in the City, including but not limited to a
review of Sammons Communications, Inc., its respective records of
service, its facilities, the cable television-related communit;
needs of the City and its citizens for both the present and
future, Sammons Communications, Inc.'s ability to carry out each
of its commitments as set forth herein and in related documents,
the experience and character of Sammons Communications, Inc.
management teams and Sammons' financial, legal and technical
qualifications to maintain and operate a cable television system
franchise in the City in a manner which would serve the public
interest of the citizens of the City; and
WHEREAS, the City hereby finds that it would serve the public
interest of the citizens of the City to grant a cable television
franchise to Sammons Communications, Inc., subject to the terms
and conditions hereinafter set forth, and Sammons Communications,
Inc. voluntarily agrees to such terms and conditions;
NG'd THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
i
SECTION I. TITLE.
This ordinance shall be known and may be cited as "Cable TV
Franchise Ordinance."
SECTION II. PREAMBLE.
This ordinance was passed after a full, open and public -
hearing upon prior notice and opportunity of all interested
parties to be heard and upon careful consideration of SAMMONS
COMMUNICATIONS, INC.'S qualifications, including its legal,
financial and technical qualifications.
SECTION III. DEFINITIONS.
For the purpose of this ordinance, and when not inconsistent
with context, words !ised herein in the present tense include the
future, the word "shall" is always mandatory. The captions
supplied herein for each section are for convenience only. Said
captions have no force of law; are not part of the section, and
are not to be used in construing the language of the sectiou.
The following terms and phrases, as used herein, shall be given
the meanings set forth below:
(1) "City" is the CITY OF DENTON, TEXAS, a municipal corpo-
ration under the laws of the State of Texas.
(2) "Gran:ee" is SAMMONS COMMUNICATIONS, INC., a corporation
M organized and existing under the laws of the State of
Delaware, duly qualified and authorized to do business in
j the State of Texas, and it is the grantee and franchisee
of rights under this franchise.
(3) "City Council" is the City Council of the (I 'Y OF DENTON,
TEXAS, or its designated representatives.
As used in this document, a word shall have the meaning, set
forth in Chapter 5 1/2 of the City's Municipal Code of Ordinances
(hereinafter, the "Cable Ordinance") at Article II, unless it is
apparent from the context that it has a different meaning, or
unless such word 13 specifically defined herein. The term
"Grantee" shall refer to Sammons Communications, Inc. or a
` wholly-owned subsidiary of Sammons or a company under common
control with or controlling Sammons (prmvided that the liability
of Sammons and each affiliated entity acting as Grantee hereunder
I shall be joint and several), and its successors hereunder.
SECTION IV. GRANT OF AUTHORITY.
There is hereby granted by the City to Grantee the right and
privilege to construct, reconstruct, erect, operate and maintain,
PAGE 2
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in upon, along, across, above, over or under the streets,
alleys, easements, public ways and public places now laid out or
dedicated and all extensions thereof and additions thereto in the
City, all poles, wires, cables, underground conduits, manholes
and other conductors and fixtures necessary for the maintenance
and operation in the City of a cable television system for the
transmission of television signals and other signals, either
separately or upon or in conjunction with any public utility
maintaining the same in the City, with all of the necessary and
desirable appliances and appurtenances pertaining thereto.
Without limiting the generality of the foregoing, this franchise
and grant shall and does hereby include the right in, over,
under, and upon streets, sidewalks, alley, easements, and public
grounds and places in the City to install, erect, operate or in
any way acquire the use of, as by leasing or licensing, all lines
and equipment necessary to the Grantees cable system and the
right to make connections to subscribers and the right to repair,
replace, enlarge and extend said lines, equipment and connections.
SECTION V. POLICE POWER.
Grantee shall, at all times during the term of this fran-
chise,be subject to all lawful exercise of the police power of
the City. The right is hereby reserved to the City to adopt, in
addition to the provisions herein contained and any other
existing applicable ordinances, such additional applicable
ordinances as it shall find necessary in the exercise of its
police power; provided that such additional ordinances shall not
substantially or materially conflict with or alter in any manner
the rights granted herein, and shall not conflict with the laws
of the State of Texas, the laws of the United States of America,
or the rules of the Federal Communications Commission. All 4
terms, conditions and provisions of the Cable Ordinance shall be
deemed to be embodied in this Agreement and Grantee does hereby
agree to comply with the terms of said Ordinance.
SECTION VI. SYSTEM UPGRADE AND TIMETABLE. .
(a) Within the time period specified in (b) of this section,
the Grantee shall have completely upgraded and initiated a Cable
System which has the capability of delivering sixty (60) video
channels over 450 HHZ Cable bandwidth (the "Cable System Upgrade")
and the Grantee shall use its best efforts to maximize usage of
such capacity with non-duplicated video channels.
(b) The Grantee shall exercise its best good faith efforts to
expedite construction of the Cable System Upgrade as required in
subsection above in a sound and economical manner. Subject to
the provisions of Section XXV. (Force Majeure) hereof, Grat,tee
shall meet the following schedule:
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(1) Submission of all applications for
authorizations necessary to begin initial
construction of the cable system upgrade on or
I before July 1, 1990.
h (2) initial gco call onstruction authorizations s Cable necessary Upgrade
on or before September 1, 1990.
(3) Completion of all of the construction of the
Cable System Upgrade on or before November 1,
1993.
(4) The Cable System Upgrade shall have the
capability to transmit video, voice and data
services in two directions simultaneously ("two
way services"). Two-way services shall be
instituted at such time as it is consistent with
federal and state laws and regulations and it is
economically and technically feasible; provided,
however, it shall be Grantees burden to demon-
strate to the City's satisfaction, upon request
of the City at any time, that it is not econo-
mically or technically feasible to institute such
two-way services.
(5) Grantee shall have completed the installation of
alternative (standby) power sources at the
headend on or before May 1, 1989. Thereafter,
Grantee shall maintain such power sources so
thst all Cable System and work lines and
sub-stations may be maintained at full power for
at least two (2) hours beyond the time when
normal power sources serving the Cable System
have ceased.
i (6) Grantee shall provide the capability for inser-
tion of video programming and other video, voice
and data messages into the Cable System from the
following points in the City: Municipal Building,
215 E. McKinney, Central Fire Station, 217 W.
McKinney, Service Center, 901. Texas Street,
Police Station, 221 N. Elm, Library, 502 Oakland
and Civic Center, 321 F. McKinney.
Grantee shall complete; construction of such
cable lines not later than November 1, 1993. In
addition to the abov,i-designated points for
insertion of video programming and other video,
voice and data messages into the Cable System
described above, Grantee shall provide a central
PAGE 4
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insertion point for the Cable System within the
City, which shall be one of the points described
above and which shall include signal switching
and processing equipment as is reasonably
required to allow those utilizing the insertion
points listed above to transmit to the other
insertion points of the Cable System, or to
transmit to all subscribers, at the City's
option. Prior to designating the central
insertion point for the Cable System within the
City, Grantee shall obtain the prior written
consent of the City Manager to such designation.
(6) Grantee shall, not: later than November 1, 19939
provide and maintain two access channels
designated for the following uses:
(a) Local Government/Denton Independent School
District (a shared channel)
(b) Educational Access
(c) The Grantee shall submit its drawings and specifications
for the Cable System Upgrade to the City not later than July 1,
1990, provided, however, that the City assumes no liability or
responsibility whatsoever for the design or construction of the
Cable System Upgrade by virtue of its receipt of such drawings
and specifications, it beingg understood that the City's approval
of such drawings and specifications shall not be required. At
the time the Grantee submits such drawings and specifications to
the City, the Grantee shall also submit a detailed plan of action
for the accomplishment of the Cable System Upgrade, including,
without limitation, performance criteria which will permit the
City to monitor the Grantee's progress toward completing the
Cable System Upgrade in a timely fashion.
SECTION VII. INDEMNIFICATION AND INSURANCE.
Grantee shall hold the City harmless from all loss sustained
by the City on account of any suit, judgment, execution, claim or
demand whatsoever against the City resulting from any negligent
act or omission on the part of Grantee n the construction,
operation or maintenance of its Cable System in the City in
accordance with Section 5 1/2-76 of the Cable Ordinance. For
this purpose, Grantee shall carry property damage and personal
injury insurance with some responsible insurance company or
companies qualified to do business in the State of Texas. The
amounts of such insurance to be carried for liability shall be
not less than those amounts set forth in the Cable Ordinance and
as set forth in Exhibit 1 to this Ordinance.
PAGE 5
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SECTION VIII. COMPLAINT PROCEDURE..
(a) Grantee shc:l maintain a business office in Denton for
the purpose of receiving inquiries and complaints from its
customers and the general public.
(b) Grantee shall establish and maintain procedures for
receiving, acting upon, and resulving subscriber complaints and
complaints by the City to the satisfaction of the City's City
Manager and any proposed charges to said procedures shall be
submitted to the City Manager for his a proval, which shall not
be unreasonably withheld. Grantee shall provide written notice
of such procedures to subscribers at least once a year.
(c) The Grantee shall respond to complaints made by the City
or subscribers of the Cable System promptly and, if possible,
shall resolve compla.i.nts made by the City or subscribers not more
than twenty-four (24) hours following receipt of the complaint by
Grantee. Grantee shall maintain complete, detailed records
relating to its maintenance and operation of the CablE System
which shall be available for inspection by representatives of the
City at any time during normal business hours of the City. U ion
the City's request, Grantee sicall respond to city in writing
within twenty-four (24) hours following receipt of such request
by the Grantee regarding any complaint which takes lunger than
one week to resolve.
(d) Grantee shall provide a local, toll-free telephone
service for subscriber complaints to be answored twenty-four (24)
hours each day in accordance with the acnedule set forth in
Exhibit 2. Such telephone numbar shall be prominently displayed
on the first page of each customer bill and in the telephone
directory of the City of Denton.
(e) Grantee shall provide at least ten days (10) days written
notice or to discontinuance of service. to any subscriber of
the Cable System. If Grantee has improperly disconnected Cable
System service to any subscriber, it shall provide free recon-
nection to the Cable System to such subscriber.
(f All personnel, agents and representatives of Grantee,
including subcontractors, shall wear photo-identification badges,
prominently displayed, when acting on behalf of the Grantee in
the City.
(g) Grantee shall provide advance notice in writing to the
resident of any private property within the City prior to entry
onto such property wherever the Grantee desires that any of its
personnel, agents or representatives should enter such property.
This requirement shall apply only when it is reasonable undei the
PAGE 6
circumstances at the time and Grantee shall not be required to
provide such notice in emergencies.
such
(h) Grantee shall notify each subscriber of viCsabitletSystem
whether
In advance of the expected time of any
's premises. Such notification shall specify
ce visit will be b before to the
°r o ft
subscriber afternoon
for ar mor ning e9r
Grantee shall accommodate
the subscriber's anticipated
expressed preference
service visit. ear, pr
once a ovide
less
anthpotential subscribers with
(i) Grantee shall, stem, and credit
subscribers of the Cable Sy races, a
p
a complete list of service offerings'OPti
policies associated with the cable system.
(j) Grantee shall establish and maiunreasonablyit edoswerin to d
lines and ersonnel Of
calls~s The oCityla upon receipt a single
of all telleF• on more than ten subscribers during 6;00 P•m-
complaints icom live, personal
business day between the hour~o ofr8 h a~m. stem outage eac regarding their inability gg enc non,
sy
duri mas gProvided in Section S
representative of Grantee
periods, may
1/2-62 of the Cable Ordinance.
SECTION IX- CONSTRUCTION AND MAINTENOCE'
(a) All structures, lines and equipment erected by Grantee
shall be so located as talleys, easemdnts,ntand
within the City of streets, Y
ference with the proper use laces and to cause minimum
iownera,eand
other public ways "4i p
with the rights or reasonable convenience of property
o er and lawful
Grantee shall the comply with wa or he sonab e's I force. Existing
electric
ordinances of City utility located
pales, poets, conduits, and other such structure ures o any
made available to Grantee
telephone company, or other public In system shall, when possible, be and
in the City on reasonable terms and races
for leasing or licensing up racticable in order to 1nimize
made uplicatton of
shall be used to the extent p
availab+.e to
interference with travel and Cat idshalleCbesarY roviaioiis of
facilities. Poles owned by Y conditions and p
Grantee for its use under the terms,
a separate pole Rental Agreement to be negotiated between the
parties.
(b) Grantee shall not oPo~ publict~pb the surface of any
lace for any purpose
waq p too
itreet,~ sidewalk, drive t °
ding, but not ilimiteddance
without first having obtained incluermit
with applicable ordinances,
PAGE 7
Chapter 21 of the Code of Ordinances, except that Grantee shall
not be required to post a bond prior to commencing such
disturbance. Grantee specifically agrees to pay any fees in
connection herewith required by City Ordinances. In case of any
disturbance by the Grantee of pavements, sidewalk, driveway, or
resto a allexpense
other
paving
mannersurfacing,
approved by Grantee thshall, e City, replace cost
in sidewalk, driveway or surface so repl disturbed in as good condition
as before said work was commencf:d.
(c) In the event that at any time during the period of this
franchise the City shall elect to alter or change any street
alley, Grantee's easement, f cilities, th n inwasuchqu even ,theGrantee, upon
reasonable notice from the City, shall remove, relay, and
relocate the same at its own expense,
(d) Grantee shall, on the request of any person holding a
theo building raise or
lower its its moving to ipermited the by the moving to, of temporarily
expense of such temporary removal shall be paid by the person
requesting the same, and Grantee shall have the authority to
require such payment in advance.
(e) All poles, lines, structure or other facilities owned by
Grantee in, on, over and under the streets, sidewalks, alleys and
easements and public grounds or places of the City shall be kept
by Grantee at all times in a safe and substantial condition.
SECTION X. CONSTRUCTION AND EXTENSION.
(a) In conjunction with submittal of its proposal for
renewal, Grantee has submitted a construction plan, a copy of
which is hereby incorporated by reference ahd made a part of the
franchise agreement. The plan, attached hereto as Exhibit 2
includes system design details, equipment, specifications anA
design performance criteria, a map of the entire franchise area
and clearly delineates the following.
(1) The areas within the franchise area where the
cable system is currently available to sub-
scribers, including a schedule of construction
for each year that construction or reconstruction
is proposed.
(2) The areas within the fra,r:hiss area where the
cable aystem cannot reasonably be extended due to
lack of present or lanned development or other
similar reasons, with the areas and the reasons
for not serving them clearly identified on the
map.
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(b) Nothing in this section shall prevent the Grantee from
constructing or reconstructing the system earlier than planned.
However, any delay in thn system construction beyond the times
specified in the plan report timetable must be submitted to and
approved by the City Council.
(c) Extension of the Cable System into any areas not
specifically addressed in the plan shall nonetheless be required
if the terms of any of the following conditions are met:
(1) Upon request of potential subscribers, a Grantee
shall extend the system to any contiguous area
not designated for initial service in the plan
when there exists a density of 35 homes per
street mile for aerial cable or 50 homes per
street mile for underground cable. Extension
shall be at Grantee's cost. If underground
installation is required by regulation, Grantee
must make installation at Grantee'a expense.
Where aerial extension is allowed by regulation
but underground installation is requested by
benefited subscribers, the cost of undergrounding
that exceeds the estimated aerial extension cost
may be charged to such benefited subscribers.
(2) In areas not meeting the requirements for manda-
tory extension of service, Grantee shall provide,
upon the request of five (5) or more potential
subscribers desiring service, an estimate of the
costs required to extend service to said sub-
scribers. Grantee shall then extend service upon
request of said potential subscribers according
to the rate schedule. Grantee may require advance
payment or assurance of payment satisfactory to
Grantee. The amount paid by subscribers for
early extension shall be nonrefundable, and in j
the event the area subsequently reaches the
density required for mandatory extension, such
payments shall be treated as consideration for
early extension.
(d) Grantee shall construct, install, operate and maintain
` its system in a manner consistent with detailed construction
standards submitted by Grantee as a part of its application,
Grantee agrees to comply with the Codes, and any supplements or
amendments thereto, referen^e4 in its proposal.
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SECTION XI. CONSTRUCTION BOND REQUIRED.
Pursuant to Section 5 1/2-63 of the Cable Ordinance, the
Grantee shall file with the City a construction bond in the
amount of $1,000,000 not later than August 1, 1990. The con-
struction bond shall be terminated only after the City Council
finds that the Grantee has satisfactorily completed recon-
struction of the cable system pursuant to the terms of the Cable
Ordinance and this franchise agreement.
SECTION XII. GOVERNING LAN.
This franchise is governed by and subject to all appplicable
provisions of the Communications Act of 1934, as amended in 1984,
and regulations promulgated by the Federal Communications
Commiaaion pursuant thereto as well as the laws of the State of
Texas, not inconsistent therewith.
SECTION XIII. FRANCHISE TERM.
This franchise shall take effect and be in full force from
and after acceptance by Grantee as provided in Section XXXIII.,
and the same shall continue in full force and effect for a term
of fifteen (15) years.
SECTION XIV. RENEWAL PROCrl~JRE.
This Franchise Agreement shell be subject to renewal in
accordance with the terms and conditions of Section 626 of the
Cable Communications Policy Act of 1984 47 U.S.C. 546, as now in
force and effect or hereafter as amende~.
SECTION XV. PERFORMANCE REVIEW.
The parties agree that the City shall have the right to con-
duct a performance evaluation with the Grantee and the citizens
of the City relating to this Franchise Agreement, commencing in
the seventh year subsequent to the date of Grantee's acceptance
of this franchise. The Grantee agrees to incur the costs of the
evaluation and the City's ascertainment of the current cable-
related needs and interests of the Cf.ty's residents; provided,
however that the total payment by the Grantee shall not exceed
Twenty-Five Thousand ($25,000.00) Dollars. This sum shall be
adjusted on the basis of the for that the then all Urban
Consumer Price Index (CPI-U) Eor the Dallas/Fort Worch Standard
Metropolitan Statistical Area bears to the January, 1988 index,
which was The City shall provide Grantee with the
names of three nationally rc^ognized independent cable television
consulting firma and the Grantee, together with the City, shall
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select one of the three consultants to perform the evaluation.
Grantee agrees that such costs are in addition to and not to be
deducted from the franchise fees due the. City.
SECTION XVI. SECURITY FUND.
(a) Within twenty (20) days after the effective date of a
franchise agreement, the Grantee shall deposit with the City's
Executive Director of Finance, and maintain on deposit through
the term of the franchise, the sum of Sixty-Five Thousand
($65,000) Dollars in conies, as security for the faithful
performance by it of all the provisions of this franchis,:
agreement, and compliance with all orders, permits and directions
of any agency of the City having jurisdiction over its acts or
defaults under this contract, and the payment by the Grantee of
any claims, liens and taxes due the City which arise by reason of
the construction, reconstruction, operation or maintenance of the
system and the payment by the Grantee of any penalties or
liquidated damages due the City pursuant to this franchise
agreement.
(b) The City Manager may draw upon the security fund in the
event of any of the occurrences set forth in this Section and in
Section 5 1/2-62 of the Cable Ordinance. Within ten (10) days
after notice to it that any amount has been withdrawn from the
security fund deposited purauaiit to subdivision (a) of this
section in accordance with Section 5 1/2-62 (Liquidated Damages),
the Grantee shall pay to or deposit with the Executive Director
of Finance a sum of money sufficient to restore such security
fund to the original amount of $65,000 Dollars. Failure to
restore said security fund to the original amount shall
constitute a material breach.
i
(c) Examples of a basis for drawing upon the security fund
include, but are not limited to the following;
1. failure of the Grantee to pay to the City any taxes I
after ten (10) days written notice of delinquency;
i
h 2, failure of the Grantee to pay to the City after ten
the) City a by written any amounts
indemnity due
provision tof
` Section 5 1/2-78 of the Cable Ordinance;
f
(3) failure by the Grantee to pay to the City, any
liquidated damages due and owing to the City
pursuant to Section 5 1/2-62 of the Cable Ordinance;
(4) failure by the Grantee to pay to the City any
amounts due pursuant to Section 5 1/2-21(g) of the
Cable Ordinance;
PAGE 11
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(5) failure by the Grantee to pay, upon ten (10) days
written notice, any amounts owing as franchise fees
If pursuant to Section 5 1/2-69 of the Cable Ordinance.
r (d) The security fund deposited pursuant to this Section
shall become the property of the City in the event that this
contract is cancelled by reason of the default of the Grantee.
The Grantee, however, shall be entitled to the return of such
security fund, or portion thereof, as remains on deposit with the
Executive Director of Finance at the expiration of the term of the
franchise agreement, provided that there is then no outstanding
default on the part of the Grantee.
(e) The rights reserved to the City with respect to the
security fund are in addition to all other rights of the City
whether reserved by this contract or authorized by law, and no
action, proceeding or exercise of a right with respect to such
security fund shall affect any other right the City may have.
SECTION XVII. LIQUIDATED DAMAGES.
(a) The pparties agree to the liquidated damages specified
in Section 5 1/2-62 of the Cable Ordinance, as adopted on the let
day of. November, 1988, but without prejudice to any other remedies
available to the parties hereto to the extent permitted by law.
The parties agree that the liquidated damages set forth in the
ordinance may be greater or less than the City's actual damages
and such damages represent the best estimate by the parties hereto
as the likely extent of such damages. The liquidated damages are
not intended to constitute a penalty, but rather, are designed to
save the parties from having to engage in costly liti-
gation with regard to the extent of such damages. In addition to
the amounts set forth in the Cable Ordinance, the following
liquidated damages si.all apply:
For breach of any service standards adopted pursuant to
Section VIII., hereof:
$200.00 per day
(b) If the City Manager determines that the Grantee is liable
for liquidated damages, he shall issue to the Grantee by certi-
fied msil a notice of intention to assess liquidated dan,iges.
The notice shall set forth the basis for the assessment, and
shall inform the Grantee that liquidated damages will be assessed
from the date of the notice unless the assessment notice is
a; pealed for hearing before the City Council. If the Grantee
desires a hearing before the City Council, it shall send a
written notice of appeal by certified mail to the City Manager
within ten (10) days of the date on which the City sent the
PAGE 12
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notice of intention to assess liquidated damages. In the event
the City Manager receives such a notice from the Grantee, the
hearing on the Grantee's appeal shall be held within thirty (30)
days of the date on which the City sent the notice of intention
andasthseessGlraiqtueidated
unless mutuall
hearing, and based on b the efacts
before it, if the City Council finds (a) that an extension of
time or other relief should be granted, or (b) that there was
asecssmenty of olation
damit shall ive the City ages. I fw he city finds Manager's ethe
facts warrant the assessment of liquidated damages, )r any
portion thereof, the City may at any time thereafter draw the
amount of liquid damages from the security fund established
pursuant to Section 5 1/2-61 of the Cable Ordinance up to the
full amount of accrued liquidated damages to such date. In
considering whether or not to waive all or a portion of any
liquidated damages assessable against the Grantee hereunder, the
C
ity shall consider, without limitation, the number, frequency
and
Grantemaegnitud
and the speed with which the Grantee cured such breach or
breaches.
SECTION XVIII. FORFEITURE.
provisions not ethiso franchise or any Grantee should fail conditions
with any reasonable provisions of any ordinance of the City
regulating the use by Grantee of the streets, alleys, easements
or public ways of the City, and should Grantee further continue
to violate or fail to comply with the same for a period of thirty
(30) days after Grantee shall have been notified in writing by
the City to cease and desist from any such violation or failure
to comply so specified, then Grantee may be deemed to have
forfeited and annulled and shall thereby forfeit and annul all
the rights and privileges granted by this franchise, Frovided
that Such forfeiture shall be declared only by written decision
of the City Council after following the p
g procedures eat forth in
Section 5 1/2-23 of the Cable Ordinance and an appropriate public
ands fulfil goppaortunity tot be oheard and rtongrespond nteetodue
any osuch
notice of violation or failure to comply; and provided further
i that the City Council may, in its discretion and upon a finding
of violation or failure to comply, impose a lesser penalty than
forfeiture of this franchise or excuse the violation or failure
l to comply upon a showing by Grantee of mitigating circumstances.
{ Grantee shall have the right to appeal any finding of violar.-,ion
or failure to comply and any resultant penalty to or seek relief
in any court of competent jurisdiction, In the event of any
determination by the City to revoke this Franchise Agreement,
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PACE 13
such a determination shall be stayed during the pendency of any
judicial review thereof.
SECTION XIX. TRANSFERS.
All of the rights and privileges ;:d all of the obligations,
duties, and liabilities created by this franchise shall pass to
and be binding upon the successors of the City and the successors
and assigns of Grantee; and the same shall not be assigned or
Council, transferred
be approval
whichth approval prior shall written
and obtained Ciin
accordance with Section 5 1/2-26 of the Cable Television Ordi-
nance. Grantee specifically agrees to comply with the provisions
of said Section 5 1/2-26.
SECTION XX. FRANCHISE FEE.
In consideration of the terms of this franchise, Grantee
agrees to pay to the City a sum of money equal to five percent
(5x) or the maximum amount permitted by law, whichever is
greater, of Grantee's gross subscriber revenues per year pursuant
to the provisions of Article I of the Cable Ordinance.
The Grantee shall pay to the City in quarterly inscallments
within forty-five (45) days after March 30, June 30, September 30
and December 31 of each year the franchise fee attributable to
gross receipts of the Grantee during the preceding quarter.
SECTION XXI. RATES.
To the extent permitted by federal and state law, the City
may regulate the following rates, fees and charges.
(1) Rates for the provision of basic cable service to
subscribers whether residential 'or commercial, !
including multiple tiers of basic cable service.
i
(2) Rates for the initial installation or the rental of
minimum one set of the for the s bscribers'rece equipment
basic which cable service..y
(3) Any other rates for any type of services delivered
by tha Grantee that may become subject to local
regulation.
The Grantee may petition the Council for a change in rates
subject to regulation by filing a proposed rate schedule with the
City Clerk. The procedures outlined in Section 5 1/2-70 of the
Cable Ordinance shall then be followed.
PAGE 14
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SECTION XXII_ ACCESS TO SERVICES AND FACILITIES.
Grantee shall Frovide the mnimum ran e of s services rec.uired
from time to time by thF as presently ex
or may hereafter be amended including, without limiting the
` foregoing, public, educational and governmental use channels in
I` accordance with the following conditions:
(a) Grantee shall provide and maintain five channels for
public programming, educational programming and governmental
pro ramming, three initially and, in the event that the conditions
rantee shall
provide additional laccess the chCable annels. In any revent, GGrantee shall
provide and maintain at least five channels not later than
November 1, 1993.
(b) The three initial channels, which are being maintained as
f of the date of Grantees acceptance of this Agreement, shall be
designated for the following uses:
1) University of North Texas
t ~2) Texas Woman is University
0 Public Access/Local Organization
(c) The access channels described in subsection (a) above
shall be made available for non-commercial use to qualifying
applicants without charge when requested all in accordance with
the rules hereinafter mentioned.
(d) Rules shall be established by the cooperative effort of
channel, regarding access lottery informal on,
use City for and the ea access Grantee
obscene or indecent matter, and permitting public inspection of
the complete record of names and addressds of all persons or
groups requesting access time.
(e) Should a dispute arise between the user of an access
channel and the Grantee relative to the quality of the audio or
visual signal, at the request of either, the dispute will be
I submitted to an independent engineer to be jointly selected by
City and Grantee. The party requesting that such testing be
performed shall be required to pay for the cost of testing and
analysis performed by the engineer, unless the engineer shall find that there is a distortion of signal quality.
eistortion is found, the party responsible for causing the
distortion shall pay the cost of testing.
' The Grantee shall provide "A/B switcJ030 and "lock boxes," or
similar parental control devices, at c reasonable price to any
subscriber upon such subscriber's request.
PAGE 15
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MOMMEMMOMM
(g) Subject to Section 5 1/2-40 of the Cable Ordinance, the
Grantee agrees to provide reasonable equipment to be used by
access cable casters with the aid of a -clinical and production
staff to be provided by the cable operat Equipment that can
store programs for later showing shall be provided. In addition
Grantee shall make available a centrally located studio to alt
access users on a first-come, first-serve basis. Grantee shall
provide, at a minimum, the production equipment and facilities
designated in Exhibit 3. A11 equipment shall be maintained in
good working order by Grantee and shall be replaced as needer'.
consistent with good operating practice.
(h) Grantee agrees to continue to maintain a local
programming studio containing the equipment specified in Exhibit
5, and shall provide adequate staffing for the local programming
studio and for training of the public in the use of production
equipment. Grantee shall keep a log of inquiries by citizens
requesting such training and shall conduct free training sessions
in use of cable casting equipment and cablecasting techniques not
less than once each three months during the term hereof.
(i) Grantee also agrees to provide an instructor and the
facilities to train, without charge, once per year, potential
access users through sessions offered through the Denton
Independent School District.
(j) Grantee shall establish rules and rates if necessary, to
ensure that the studio is available in an equitable manner
provided that Grantee shall not, charge for use of the public and
educational access channels unless City has approved the charging
of ;he proposed fee.
(k) The parties hereby incorporate by reference the
provisions of 47 U.S.C. 532, which proviaiot.a are hereby amended
to apply to the Grantee and the City, as appropriate. Thc!
provisions are incorporated herein to assure that the widest
possible
diversity f
information sources are made available to
the residents of the City from the Cable System in a manner
consistent with the growth and development of the Cable System.
Grantee shall undertake any and all construction installation
necessary to keep current with thq latest technological and
economically feasible developments in the state-of-the-art cable
television, whether with respect to increasing channel capacity,
developing new services, andinstituting two-way service or any
other state-o£-the-art technology. Further Grantee specifically
agrees to comply with Section 5 1/2.93 of the Cable Ordinance.
PACE 16
SECTION XXIII. EMERGENCY OVERRIDE.
Grantee shall provide and maintain the equipment necessary
for the City to maintain an emergency alert system to override,
by remote control, the audio And/or video signal to transmit a
message regarding a bona fide emergency over all cable video
channels simultaneously. Grantee shall designate a channel wl.ich
will be used for emergency broadcasts. Grantee shall provide a
remote data terminal, telephone lines, modems, cables and an
other items needed to adequately supply this service. Such
equipment shall be maintained at a location designated by City.
SECTION XXIV. PROGRAMMING MIX.
(a) Grantee agrees to provide programming that maintains the
mix of distinct and separate channels that is presently provided
and listed in Exhibit 4. In accordance with the Cable Act, the
Grantee shall, for the term of this Agreement, maintain the mix,
quality and level of programming set forth in Exhibit 4.
(b) In addition to the programming mix indicated above
Grantee will use the upgraded system to provide a wide range anA
assortment of optional programming services. Grantee shall
provide, at a minimum, the following additional services:
(1) Provision of an additional full channel space
for films and cultural entertainment programming
(2) Provision of an additional full channel space
for children's entertainment programming
(3) Addition of a full channel space for
documentary, public broadcasting,programming
(4) Addition of « full channel space devoted to
weather information service.
(5) Addition of a Pay-Per-View Channel
(c) Such services shall be provided not later than November
1, 1994. Grantee agrees to produce a minimum of 400 hours of
local origination programming annually. One hundred (100? hours
of such programming may bei supplied from other Sammons local
origination sources.
SECTION XXV. FORCE MAJEURE.
In the event the Grantee's diligent performance of any of the
terms, conditions, obligations or regvirc-ments of this Agreement
i PAGE 17
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is prevented or impaired due to any cause beyond its reasonable
control which was not reasonably foreseeable to the parties
hereto, such inability to perform shall be deemed to be excused
for the period of such impairment, and no penalties or sanctions
shall be imposed. Before invoking this Seccion, the Grantee must
have exercised good faith in attempting to perform such terms,
conditions, obligations or requirements. Causes beyond the
Grantee's reasonable control and not reasonably foreseeable to
the parties hereto shall include, without limitation, labor
unrest and strikes. Upon its beat good faith efforts to obtain
all authorizations on an expedited basis, the Grantee shall also
be excused for time delays in construction requirements in
Section VI which are caused by unreasonable delays on the part of
utility companies or the City in issuing licenses, permits or
authorizations for poles and conduits or other authorizations
necessary to continue construction. Where the Grantee cannot
obtain access to any individual's property, after due diligence
and a good faith effort by the Grantee to obtain access to such
property, compliance with the terms of this Agreement shall be
excused by the City as to that individual and the consequential
effects thereof only, and only for such period as the property is
inaccessible. Where the cause beyond the Grantee's control is
either an act of God or civil emergency, an inability to perform
during such period shall not be an independent ground for
termination of this Franchise Agreement.
SECTION XXVI. NOTICES.
All notices, statements, demands, requests, consents,
approvals, authorizations, offers, agreements, appointments or
deal nations hereunder by any party to another shall be in
writing and shall be sufficiently given and served upon the other
party, immediately if delivered personally or by telex or
telecopy (provided with respect to telex and telecopy that such
transmissions are received on a business day during normal
business hours), on the second business day after dispatch if
sent by first class mail, registered or certified, return receipt
requested, postage prepaid and addressed as follows:
The City: City of Denton, Texas
215 E. McKinney Street
Denton Texas 76201
Attention: City Manager
I
The Grantee: Sammons Communications, Inc.
500 South Ervay Street, Suite 200-A
Dallas, Texas 75201
Attention: General Counsel
PAGE 18
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SECTION XXVII. SAVINGS CLAUSE.
If anq section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
1 unconstitutional by a federal or state court or administrative or
`I governmental agency of coapetent Jurisdiction, specifically
including the Federal Coenaatcarions Commission, such portion
I shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining
portions thereof,
SECTION_XXVIII. CONFLICTING ORDINANCES AND RESOLUTIONS.
All ordinances or resolutions in conflict herewith are
expressly repealed to the extent of such conflict except that in
the event of a conflict between the Cable Ordnance and the
franchise agreement, the ordinance shall prevail.
SECTION XXIX. FEES.
This franchise ordinance renews and extends that Ordinance
which has previously been granted for the operation of Cable
to ivision services in the City of Denton, Texas. Grantee agree,
to pay to the City of Denton a luml. sum fee of $91,021, $5,000 of
I which was paid by Grantee on July 8 1988, and the remainder of
which will be paid upon acceptance of this franchise agreement by ousand reptheraGrantsentseae.volTheuntnrysucontribum of
by hGrantee inllieu of$capital
expenditures and Grantee agrees that such payment may not be
deducted from the franchise fees provided for herein. Grantee
specifically agrees, and to the extent permitted by law, waives
any rights to claim to the contrary. The City agrees to use such
funds for the operation of the Local Government Channel. Grantee
agrees to pay the sum of $31,021 to reimburse Grantor for the
costs incurred in preparing, reviewing and awarding this
franchise.
SECTION XXX. PAYKENT OF TAXES.
The
discharge, ortcausevtoabespaid and andgdischarged, in timely hat it will pay and
all payments in lieu of taxes, service charges, assessments,
utility fees, user fees and other governmental charges which may
lawfully be imposed upon the Grantee with respect to the Grantee
or the Cable System or any portion thereof or relating thereto
or upon the revenues and income therefrom and will pay all lawful
claims for labor, material and supplies which, if unpaid, might
become a lien or charge upon any of said properties, revenues or
income or which might impair the security interest granted by
this Agreement or the value of the Cable System or the Grantee;
PAGE 19
provided that nothing this Section the all require tgood faith he Gra to make any such pay the
ment so rleo
f.
shall contest the validity
SECTION 1 NON-LIABILITY. other
The City shall ndeath or personal injury or foroloss~,y damage
person entity for roPertY in, on or about the Cable System or
or destr ruction of p
any dart thereof by or from any cause whatsoever other than the sconduct City s own negligence or wiard tom the Grantee noor r t shoall
any the of City
the
be liable any way or rag directors, members, agents or
Grantee's a affiliates, officers, against the Grantee by auY
employees if any claim is asserted taxing authority or other entity as the result of any election or made
with decision which the Grantee of filingY feder 1 or stater income
to the Cable System for for purposes other type of filing what-
or franchise tax returns or making any
soever; and the Grantee shall indemnify and save harmless the
and defend the
City and its officers, agents and emliens, liabilitiesosseienses
and
same against, any and afeeslaand' disbursements),
(including attorneys' from the loss,
judgments arising from death oropersonal o f i any Y opr erson or entity
damage oti~ destruction of property omissions or
resulting directly or indirectly from aneyntscts, o loyees with
negligence of the Grantee, cuancffof, or operation in, on, of, or
respect to the use of, o P Y
about the te,ble System or the Grp ktee.
SECTION WII. WAIVERS.
No waiver by City of any breach, default or
erfoola ion of and
terms, covenants or conditions hereof to be Q
suchb terms, covenants waiver
ofs any observed subsequent edesball fault bofconstrued
conditions.
SECTION APPROVAL AND ACCEPTANCE.
In accordance with Section 13.02 of the Cit Charter, this
lays after final tiv ordinance shall b oreethate d tee, tGranteenshall) give itslw ittten
approval, if, thf.s nance by signing as provided be cn of
hl.s ordi Y ex irati and
acceptance of
provided that a days if the fapproval lotet o before ordinance shall be
twenty-one
expn) consecutive weeks
which shall in the
borne
once
published oeh of City, thew e
official newspaper
by Grantee.
Grantee for itself, its successors and assigns hereby accepts
this ordinance and agrees to be bound by all of its terms and
provisions.
PAGE 20
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PASSED A4D 4^FROVED on first reading, this the _ day of
1988.
PASSED AND APPROVED this the day of 1988.
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R. STEPH -T9701'
AY ENS,
ATTEST:
JENNIFER WALTERS* CI-jY SURE-
APPROVED A5 TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
GRANTEE {
SAMMONS COMMUNICATIONS, INC.
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BY.,
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DI~TSt
III 5 1, ,
l:l'1'Y CUUNCII. 1lliPUll'1' 1'U1lFiA1'
Tdt Mayor and Members of the City Council
CRUMi Iloyd v. Harrell, City Manager
i' SUBJECTI Resolution authorizing an amendment to tV9 1988
Final Statement.
1 RECOMMENDATION:
Staff recommends approval of the resolution.
{ The amendment is necessary to comlSly with Federal
$MARY Th
I regulations which provide for a 15% cap on spending for
It public services. MLK equipment purchases constitute public
service expenditures. In 1987 $100,000 was allocated for
1 these purchases. However, this exceeds the 15% cap and mu -t
W,000-
be spread over a two year period therefore, a second MLK equip-cat 4 This amountrwillebebtakEn 088 with
HousinggRehabilita00
the on
1 budget of $369,000. Consequently, the 1981 Housing Rehabilita-
tion Budget will be increased by $15,000. The actual dollar
amount for Abth NLK Jr. equipment purchases and the housing
program will remain the same.
P.fi.4GSAMa, PEPARIMENT~_2B_Q_R4.'~LS__A T ttul1 s ltte t
N/A U//
F1gCAt IMPACT; V:'larre
NSA City Manager
r
Pr red by: 1
ar ara 05 :-t
Community ,eveloisment Coordinator j
Appr vedt
.
Executive Director
for Planning and Development
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1835L
RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED IN JUNE, 1988 TO
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE
COMMUNITY REQUIRED
AMENDED; AND DECLARING A
DEVELOP14ENT ACT OF 1974, AS AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent
housing, a suitable living environment and expanded economic
opportunities; and
WHEREAS the City of Denton, Texas, has a special concern for
persons of low and moderate income; and
WHEREAS, the City of Denton, Texas, as an e.titlement city,
has prepared, through a citizen participation process, a program
for utilizing its fifth year entitlement funds in the approximate
amount of $5 351966; and
f1f WHEREAS, the City of Denton, Texas, had previously allocated
i an approximate amount of $369,000 of the entitlement funds for
the purpose of funding housing rehabilitation; and
WHEREAS, the City of Denton, Texas, now desirea to reallocate
an yproximate amount of $15,1100 of the fvnde appropriated for
housing rehabilitation for the purpose of funding equipment
purchases at the Martin Luther King, Jr. Recreation Center; NOW,
THEREFORE,
}
{ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the City Council of the City of Denton,
Texas, authorizes orizes the City Manager to sign and submit to the
Departme+4t of Housing and Urban Development an amendment for the
reallocation of funds to the 1987 Final Statement that was
previously submitted for a grant application and appropriate
assurance for entitlement funds under the Housing and Community
Development Act of 1974, as amended.
SECTION II. That the City Council of the City of Denton,
T9xaa,"- aut-iorizea the Executive Director of Planning and
Community Development to handle all fiscal and administrative
matters related to the amended final statement.
SECTION III. That this resolution shall become effective
imme3late y upon its passage and approval.
SECTION IV. That the City Secretary is hereby authorized to
furn a cop es of this resolution to all interested parties.
PASSED AND APPROVED this the day of 1988.
FLAY STEPHENSO"KAYOR
ATTEST.
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JWIFER WALTERSO GUY SECRETARY
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APPROVED AS TO LEGAL FORM
DEBRA A. DFAYOVITCH, CITY ATTORNEY
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BY
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D.
CITY of DENTON, TEXAS MUNICIPAL BUILDINO / DENTON, TEXAS 70201 / TELEPHONE (817) 880.8307
j Office 01 the City Menagef
M E M O R A N D U M ,
70: Lloyd V. Harrell, City Manager
FROM; Rick Svehla, Deputy City Manager
DATE: November 10, 1988
SUBJECT: Resolution Changing Corporate Name of FBO and
Assignment of a Flight Training School at the Airport
When the Maverick lease was assigned to Mr. Huff and Mr, Riley
they had not chosen a corporate name and registered it with the
State. Since then, they have done so. They have chosen the
name of AirDenton, Inc, This resolution changes the lease
documents to reflect that change in the corporate name.
The new owners also indicated that they would be looking at
their flight training school, they have done that and have
decided to change subleasees for the flight school. They have
proposed to the Airport Board that the new firm, Dobransky
Enterprises, be their flight instructors. The attached
agreement incorporates them into AirDenton's lease, and this
resolution would approve them as the flight training school for
the AirDenton lease,
The Airport board reviewed this request at its October 19,
1988, meeting and unanimously recommended it to you.
If you or the Council has any questions, the City Attorney or 1
would be happy to try and answer them.
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Deputy City Manager
RSlbw
43101
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM, Lloyd V. Harrell, City Manager
SUBJECT: Agreement between Air Denton,oInc., and Dobranaky Enterprises, Inc.
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RECOMMENDATION:-
It is the recommendation of the Airport Advisory Board to approve the agreement
between Air Denton, Inc., and Dobransky Enterprises, Inc., for operation of a
flight school.
SUMMARY;
Airport Poard members were polled over the telephone for recommendation of
approval of the agreement between Air Denton, Inc., and Dobransky Enterprises, Inc.
Airport loard Members poll voted unanimously to approve the agreement.
B ACKGR(iUND,
See attachments.
PROGRAMS,-DEPARTMENTS OR GROUPS AFFECTED:
This agreement should not affect any other department or group.
FISCAL IMPACT:
F - -
There will be no cost to the General Fund.
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RESP FULLY SUBIITTED:
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Ci Manager
Prepared b
see Joe Thompson l
Title Airport Manager
Approv
Me Ric able
Title Deputy City Manager
2633C/S
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2550L
NO.
EXECUTE A RESTATED LEASE
A RESOLUTION AUTHORIZING THE MAYOR TO INC., APPROVINGN
AGREEMENT BETWEEN THE CITY INC• ANDDDOB pNSKY ENTERPRISES, INC
AGREEMENT BETWEEN AIRDENTONI
AND PROVIDING AN EFFFCT.VE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
That the Mayor is hereby authorized to execute
SECTION I.
the estate Lease Agreement between the City an AirDenton, Inc., it copy of which is attached hereto and incorporated
by
reference herein. Inc. and
tween AirDenton,
I Agreement be
hereto
SECTION II. That the Aga copy of which Is attached hereto
.
na y nterpriaea, Inc., i roved,
and incorporated by reference here n,is hereby approved.
SECTION 111, That this resolution shall become effective
upon~ita pis and approval.
of 1988.
PASSED AND APPROVED this the - day
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ATTEST:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY : .
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2549L/111088
THE STATE OF TEXAS § LEASE AGREEMENT FOR FIXED BASE
OPERATION ACTIVITY BETWEEN
COUNTY OF DENTON § THE CITY AND AIRDENTON, INC.
THIS LEASE entered into this day of ,
1988 by and between the City of Denton, hereinafter e erree
as "LESSOR" and AirDenton, Inc., a Texas corporation, having its
principal place of business in Denton, Texas, hereinafter
referrer to as "LESSEE".
WHEREAS, on August 30, 1988 the City Council authorized the
assignment of the airport lease agreement, as amended, between
the City of Denton and Maverick Aircraft, Inc. to Tony Riley and
Group One, Inc., which parties have subsequently incorporated as
AirDenton, Inc., for and in consideration, among other things, of
the dismissal of the lawsuit styled Maverick Aircraft Inc. vs.
City of Denton, No. 88-1829-D filed in t He enton County strict
Court; and
WHEREAS, the parties wish to %estate the lease agreement to
reflect the fact that AirDenton, Inc. is the true Lessee;
NOW9 THEREFORE, in consideration of the mutual undertakings,
agreements and covenants hereinafter set forth, the parties
hereto agree as follows:
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ARTICLE I.
CONDITIONS OF AGREEMENT
A. Principles of 0 erations. The right to conduct
aeronautical act v t es or furnishing 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 prices for each unit or service, provided that the
Lessee may be allowed to make reasonable and nondis-
criminatory discounts, rebates, or other similar types
of price reductions to volume purchasers.
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` B. Non-Discrimination. The Lessee for itself, its personal
` representat ves, successors in interest, and assigns, as a part
of the covenant considerawith tion thereof, does he land that:ereby covenant and agree as a
c _
1. No person on the grounds of race, religion, color, sex
benefits of, excluded ot from otherwise participation ected
in, national the origin
to discrimination in the use of said facilities.
2. In the construction of any improvements on, over, or
under such land and the furnishing of services thereon,
no person on the grounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subjected
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 Traanasrx-
3ortation, Subtitle A. Office of the Secretary,
1, 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.
In the event of breach of any of the above non-discriminatory
said t land right
to reenter and r nd the facilities thereon, and
vs repossess have
hold the same as if said Lease had never been made or issued.
1 provision tt including procedures
49 CFR Part 21 are followed and completed, expiration
of appeal rights.
C. Public Areas.
1. 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 with the
right to cause in said airspace such noioe as may be
inherent in the operation of aircraft now known or
hereafter used, for navigation of or flight in the sai~:
airspace, and for use of said airspace for landing on,
taking off from, or operating on the Denton Municipal
Airport.
PAGE 2
2 have During the time right to lease the a landings area or s any shall milit thereof t the if such lease is executed f the provisions
naval use, , and,
of this instrument insofar as they are inconsistent with
the provisions of the lease to the Government, shall be
suspended.
3. Lessor reserves the right to take any action it considers
necessary protect the tlwithrthe ighttto prevent
against obstructions together
permitting to be erected, any
Lessee from erecting, would limit
building or other stri:cture on or adjacent to the
airport which, in the opinoionthe the Lest,
t or ~ constitute a
the usefulness or safety of
hazard to aircraft or to aircraft navigation.
ARTICLE It
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and
covenants ep this Lease to be performed by Lessee, all of which
Lessee accepts, City hereby leases to Lessee and Lessee hereby
hires and takes from City certain property (hereinafter called
"leased premises", Exhibit A), located at the Denton Muneiscippal
Airport and certain non-exclusive attendant privileges,
rig ts, as hereinafter specifically set out.
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A. DESCRIPTION OF PREMISES DEMISED: That th gcaepstoand herenreby
leases to t a essee an t e essee oes With improvements
from the Lessor that tract of land, together
situated here on, described as follows roximately 9.1 scree or
A tract of land consisting of Xpi attached hereto
392,040 square feet as depictedrencexhand having the following
and incorporated herein by r e
metes and bounds:
(metes and bounds description to be provided by Lessor within 45
days of the date of execution hereof)
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s have the of egress and use of ;
the Lfuelafarml existing ongAugusti30e61988d, ewhich is further
PAGE 3
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described as follows;
(mites and bounds description to be provided by Lessor within 45
days of the date of execution hereof)
belowof2, sa0id gtank,tsupon _
Should the fuel
Lessor tank
more than 60 fo days, Y t
reimbursement for the wholesale cost of fuel then in the tank.
S. USE OF ADDITIONAL PROPERTY: If, during the term of the
primary ease, essee ec es to construct additional facilities
Lessee n shall h so area marked "D" on the
to expand its operations
at notify Lessor. The use
attached Exhibit A,
nets tiationmbe, tweenethe parties and c the space shall this le secshall
of and of j not necessarily apply. However, should some other party make a
bona fide offer to the City to lease any of such property, then
Lessee shall have the right of first refusal to meet the financial
and other terms of any such offer including the fees and considers-
exer-
notice by Lessor.
tion
cise said offered within t30rdaysrfrom the date City.
C. TERM: To have and hold the said premises together with all
improvements, appurtenances, rights, and privileges
belonging or in any wise appertaining, unto the said Lessee for a
term of years, beginning the date 'fmiarst term} out in this tagreement
and ending August 30, 2009 (the primary unless so rmied
on an earlier date under any other provisions of this Agreement.
` Lessor shall grant to Lessee the rt to extend the date of
this Lease for an additional ten (10) year period from the
expiration of said primary term, if Lessee shall construct capital of not less than
$1pp74,999.00 not later e than lothe otimesotset voute in the following
scheo"ule:
1. Lessee shall construct capital improvements (improvements,
constructed by Lessee, which are fixed to the leasehold
premises)! equal in value to not less than $58,333,00,
which shall be completed on or before August 31, 1993.
2. Lessee shall construct additional fixed capital improve-
oequal in value to n or before August $8,333. 0, which shall be com-
ments
pleted 31, 3. Lessee shall construct additional fixed which ls
u on or value to $1 2
completed im ove-
August , 003.
4. Lessee must notify Lessor, in writing, not later than
August 31, 2003, of its intent to exercise its rights of
extension.
PACE 4
V
The rental rate during said extended term for the 9.1 acre
tract shall be not less than the rental rate contained in the
lease most recently executed by Lessor on or before September 1,
2008 for property which is classified as "2" on the attached map,
being exhibit. "B". The rental rate for the extended term shall
be set by the City on or before September 1, 2008 and Lessee
shall have ten (10) days from the date of notification by City of
said rate to accept or reject said option to extend the Lease.
D. USE OF PREMISES: Lessee is granted the non-exclusive
privilege to engage in or provide the following:
Lessee is required and is hereby granted the non-exclusive
privilege to engage in the business of and provide the services
of a full and complete fixed base operator. It is expressly
understood and agreed that the non-exclusive right to conduct
aeronautical activities for furnishing services to the public,
including the delivery of fuel into aircraft is granted to the
Lessee subject to the provisions set forth herein and all
applicable ordinances of the City of Denton.
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 as follows:
1. The right and privilege to engage in commercial aviation
activities, hereby defined as those activities which
involve the sale of aviation services for profit to the
general public and shall include:
1 The maintenance and servicing of aircraft, which rigght
shall include overhauling, rebuilding, repairing, in-
spection, and licensing of same and the purchase and
sale of parts, equipment, and accessories therefor.
2. The sale of aircraft fuels, lubricants, and propellents
within the leased area and at such other areas that may
be designated by Airport Manager.
3. The storing of aircraft in hangars or on tiedown areas
owned or operated by the Lessees.
4. The sale of said fuels, lubricants, and propellants
shall include the right to use vehicles necessary for
the servicing of aircraft.
5. The operation of a business of buying and selling new
and used aircraft, aircraft parts, and accessories
therefore, and aviation equipment of all descriptions
either at retail, wholesale, or as a dealer.
PAGE 5
6. The operation and sale of aerial survey, photograph,
mapping, and spraying services. (However, spraying
services shall at all times comply with applicable
local, state, and national regulations pertaining to
aerial spraying.)
7. The operation and sale of air taxi and sightseeing -
services.
8. The operation of schools for the instruction of tha
general public in flying, navigation, mechanics, aerial
survey, photography, aircraft design and/or training of
the
pertaining ldipublic rectlyi or any indirectly to aircraft. or skill
9. The operation of non-schedulee and charter air crane-
portation of passengers.
10. The sale through coin operated vending machines of
tobacco, confections, and refreshments and the
maintenance on the leased premises of appropriate
facilities therefor.
11. The undertaking of any phase of aviation activity for
profit related to or in any way contributing to air
transportation or aerial interferes ionhinderlo nya ~.ssucch
activity in no way inter
approved navigational aids that may exist now or in the
future at the Airport.
12. The operation of rental cars ptrsuant to a franchise
agreement as required by the Denton City C arto Lessor
ten (10x) percent of the net profits payable
on a monthly basis, payable with other fees. ;
13. The general use in common with others authorized to do
o of all public airport facilities and improvements
swhich are now or may hereafter by connected with or '
appurtenant to said Airport, except as hereinafter
provided.
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No person, business or corporation other than Lessee may
operate a commercial, retail or industrial business upon the pre-
authorizing the Airport, without reprior t it wroitten consent
industrial
froms Lessor Lessee or upon
activity.
Lessee shall be allowed to provide sleeping quarters a.id j
noof an around - t be ;onstrued the-clock
allow efamily
other , accommodations This provision for use
guard
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PACE 6
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living on the leased premises, and 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.
Lessee shall file with the Airport Manager and keep current
its mailing address, telephone number(s) and contacts where he
can be reached in an emergency.
Lessee shall file with the Airport Manager and keep current a
list of its tenants and sublessees.
Lessee shall require its employees and sublessees (and sub-
lessee's invitees) to abide by the terms of this Agreement.
Lessee agrees it shall promptly correct or remedy any breaches of
any rules, regulations, terms, conditions or covenants by its
employees or sublessees.
E. RIGHTS OF MORTGAGEE: Any person, corporation or institu-
tion that ens money to-Lessee for construction of any hangar,
structure, building or improvement and retains a security interest
in said hangar, structure, building or improvement shall, upon
default of Lessee's obligations to said mortgagee, have the right
to enter upon said leased premises and operate or manage said
hangar, structure, building or improvement according to the terms
of this Agreement, for a period not to exceed the term of the
mortgage with Lessee, or until the loan is paid in full, whichever
comas first, but in no event longer than the term of this Lease.
It is expressly understood and agreed that the right of the
mortgagee referred to herein is limited and restricted to those
improvements constructed u(th funds borrowed from mortgagee.
F. RULES REGULATIONS AND RESTRICTIONS: The use of the pre-
mises s a at a t mea e in comp once with and subject to any
covenants, restrictions and conditions of record pertaining to
the use and occupancy of the leased premises and shall at a
times comply with the laws, codes, ordinances, rules and regula-
tions, either existing or those promulgated in the future, by the
City of Denton, the County of Denton, the State of Texas, the
United States of America and the Federal Aviation Administration,
or their successors. Lessee shall not operate or permit the
operation of any transmitter devices, electrical signals pro-
ducers, or machinery on the leased premises which could interfere
with the electronic aircraft navigation aids or devices located
on or off Airport 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
PAGE 7
J
i
N
C
and/or the City of Denton. Lessee further agrees that at no time
during the term of this lease shall any material, fluids, solids
or gaseous substances be utilized, stored, disposed of or trans-
ported on the leased premises which are considered by Lessor 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.
G. HEIGHT RESTRICTION AND AIRSPACE PROTECTION: The City of
Denton - ern- Mun c pa rport, 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 hereinafter described, together with 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. The Lessee further agrees for itself,
its successors and assigns to restrict the height of structures,
objects of natural growth and other obstructions on the here-
inafter described premises to any height requirements by the
ordinances of the City of Denton or any applicable Federal
Aviation Administration requirements. The Lessee also agrees :ar
itself, its successors and assigns to prevent any use of the
hereinafter described 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.
H. CONSTRUCTION ON PREMISES: Lessee shall have the right to
construct a concrete hangar pad, hangar(s), concrete apron(s),
concrete taxiway(s), and other improvements necessary for the
operation of Lessee's business or approved use of premises,
provided however, that Lessee shall submit all construction plans
to Lessor for approval of not less than thirty (30) days prior to
construction start-up. Further Lessee herein agrees to obtain
all necessary permits as pertaining to all construction on the
leased premises and to construct all improvements in compliance
with all applicable construction codes. No construction shall be
permitted on the leased premises prior to Lessee's acquisition of
appropriate construction permits and approval by Lessor. Failure
of Lessee to obtain applicable construction permits and approval
of Lessor, or its designee, prior to the start of any modification
on existing improvements or any construction of new improvements
on the leased premises shall constitute Lessee's default of this
Lease. Lessor herein reserves the right to establish and enforce
architectural standards for construction of new improvements and
modifications to existing improvements on the leased premises.
PAGE S
ARTICLE III
RENTAL AND FEES
A, LAND RENTAL: At 1993e Le see na reesh it tshalln pcayontitnuthing
e
use e e and occupancy of t e premises the sum of Eight
Lessuntilor for te the Fe
Hundred ($800.00) Dollars per month.
1. Commencing October 1, 1993 and continuing through l ay to the
Less September OaeeThousandeTwoiHundred ($1,200.00)
Dollars per month for the use and occupancy of the
4 premises. However, if Lessees fuel flowage for the
year October 1, 1992 through September 300 1993 is more
than 270,000 gallons, the rental shall be One Thousand
Six Hundred 3eptember 030p lla s per month for said
1998.
period ending
2. Commencing October 1, 1998 and continuing through
September 30, 20030 Lessee shall pay One Thousand Six
Hundred ($1,600.00) Dollars per month for the use and
occupancy of the premises. However, if Lessee's fuel
flowage for the year commencing October 1, 1997 through
re199, ntal i 36,000 gallonbs, then Two
September
Thousand Six Hundred ($2,600.00) Dollars.
3. Commencing October 1, 2003 and continuing through
September 30, 2009, Lessee shall pay Two Thousand Six
Hundred ($2,600.00) Dollars per month except tha 2002
li Lessee's fuel flowage for the year October 1,
30 2003 is more than 450,000
through September ►
gallons, Lessee shall pay Three Thousand ($3,000.00)
~i
Dollars per month.
4. For purposes of this section, "fuel flowage" means the
~
amount of Lessee into any l fuel measured facilities ata the in gallons deltivered to
Le
g, HANGAR AND TIE-DOWN FEES; During the term of this Lease,
Lessee s a play essor ten percent (10%) of all hangar and tie- 4
down rental fees collected by the Lessee from customers renting
Lessee's hangars or renting tie-down facilities on Lessee's
premises each calendar month during the term of this Lease. All
rentals and fees shall be paid monthly to Lessor on or beforesthe
15th day of each month during the term of this Lease. All uch
hanger rentals and fees shall be accompanied by records showing
and the tail number, where sideh number,a of the
the n parked location
hanairgared or pa aft.
PAGE 9
f
C. FUEL FEES: During the term of this Lease, Lessere shall
pay Lessor t ree percent (3%) of the wh lesafeesr shall be paid
of all fuel delivered to the Lessee. All monthly to Lessor on or before the 15th day of each month during
the term of this agreement. All such bens shall be accompanied
by records showing the timeand the name of the fuel supplier.
D. DELIN DENT PAYMENT/PLACE m nts grelEue:andepayable and shall
all wont y rents an ee p y
be paid by Lessee without demand or notice in writing from Lessor.
Lessee shall provide Lessor a breakdown of the fee payments
Lessee and received
monthly. All rental or fee amounts paid
s after the due date
by Lessor after more than thirty (30) day
shall automatically accrue and include an additional on tfee
c.mount (penalty) equal to five percent (5%) of the rental or amount due. any time after notify any
Lessentin writing aofuthebdelin-
delinquent, the he city may not Lessee shall be made to
City er of Denton, Airport Manager,
Lessor . at All the poaymentsffices mad of e the hereunder
Leaser unless Lessee is notified,
Route 1, Box 100, Denton, Texas 76205,
in writing, to the contrary by Lessor.
E. RECORDS: Lessee shall keep and maintain accurate ecords arkin of wholea~ eTe--fuel delivered
for a under period this threee (3) yea s from the , and hanger fees collected, ,
date the record is made. Such r ll Lesson ore it nduly
generally accepted accounting principles.
authoried representatives shall have the right at allrec rds able
times during business s on of verific tion.
receipts of Lessee, for the purpose
V, ANNUAL STATEMENT: Within sixty (60) days after the end of
each eaten ar year, essee shall furnish Leaner a certified
statement of fuel deliveries, and parking Lessor reserves
collected during the preceding calendar ehangas
sse8s ~ books and records,
the right to audit said statement and Le eneral ledger and all other
including examination of the g
supporting material, at any reasonable time during business
hours, for the purpose of verification.
If the audit establishes
hangararentalsrscollected
arking fees, Lessee
by overstated five percent s(5%) 'or mores the entire expense of said audit
see
shall borne by Lessee . to Lessor, withl interest dthereron at sone
shall forthwith be paid
percent (l%) per month from the date such amount originally
Lessee shall be
became payable to Lessor. en tsv dueayton Lessor. Either party
credited against further payw
may with refer Paregraph G (Diputes) h below. it for resolution in accordance
PAGE 10
I
G. DISPUTES: If any dispute arises as to the amount owed
from fuel-el veries or hangar or parking fees collected, the
party disputing the amount and/or fee shall notify the other, in
writing within thirty (30) days from the date the dispute
arises. Upon notification of the dispute, one-half (1/2) of the
amount claimed due to Lessor shall be paid forthwith and the
dispute shall be submitted to a panel of three (3) certified
public accountants, one to be selected by Lessor, one to be
selected by Lessee and the third to be chosen by the first two
accountants selected. This panel shall, by majority vote,
determine the rights of the parties hereunder in conformity with
generally accepted accounting principles. The fees due the
accountants for such service shall be paid by the unsuccessful
parity, or in the event the determination is partially in favor of
each party, the fee shall be borne equally by the parties.
ARTICLE IV
RIGHTS AND OBLIGATIONS OF LESSEE
Lessee is required and is hereby granted the non-exclusive
privilege to engage in the business of and provide the services
of a full and complete fixed base operation at the Airport,
subject to the following requirements and obligations and for
such consideration, Lessee covenants and agrees to perform or
provide the following, as applicable:
A. REQUIRED SERVICES:
1. Fuel: To have available those ggrades and octanes of
aviation gasoline, jet fuel and other petroleum products normally
found at similar airports, and to provide ramp services including
the sale and into-plane delivery of those aviation fuel a,
lubricants and other related aviation products, and to provide
aircraft guidance and assistance within the areas of the leased 4
premises, at least during daylight hours, sunrise to sunset,
three hundred sixty-five (365) days per year. All fuels shall j
meet minimum F.A.A. requirements for aviation fuels as set out in
F.A.A. Circular 5230.4, Aircraft fuel storage handlin and f
i dis ensin , as the same may a rev ae , up ate , or rep ace By
t e . . or the United States Government. All fuels which are
a nationally known brand shall meet the terms of this requirement.
All fuels shall be made available either by tank truck,
stationary pump or other suitable equipment approved by the Fire
Marshal of the City of Denton and the Airport Manager; and in
accordance with the provisions of the Fire Code of the City of
Denton. All fueling operations and all fuel facilities owned or
operated by the Lessee shall be in compliance with the Minimum
PAGE 11
I
Fueling Standards Ordinance of the City of Denton. All prices
for fuels and other petroleum products shall be posted in full
public view at all times. Lessee agrees tb.at it shall locate any
new fuel storage tanks underground and in compliance with all
applicable local, State and Federal codes and regulations,
2. Re_mppSee~r_vices: To provide ramp servicing of, and
assistance to, aircraft, including parking, storage and tie-down
service, for both based and itinerant aircraft upon or within
facilities ;eased to Lessee or other areas designated by the
Lessor, at least during daylight hours, sunrise to sunset, three
hundred and r•ixty-five (365) days a year.
3. Repair and Maintenance Facilities: To provide for the
repair and m,i ntenance o ass an itinerant aircraft at least
during normal business hours and days. Lessee agrees to maintain
and operate a repair shop for engine and airframe repair with
facilities an] equipment and to staff such shop with such per-
sonnel as are necessary to provide reasonable service to custo-
mers, but in ao event less than three, with at least one A & P
licensed aircraft mechanic on premises during normal business
hours and reacily available at other times. At least one of the
other employees shall be approved and licensed by the Federal
Aviation Agency to perform the maintenance and inspections
described by tse Federal Aviation Agency in and pursuant to FARs
65, 145 and 91,
i±ssor and Lessee agree that Lessee may sublease the
aircraft repair shop on the premises. Any such sublease must be
approved by Lessor in order to be effective, and shall contain
provisions tha: a default by the sublessee shall constitute
default by Lessee of this Lease. If repair services are not
provided as required by this section, notwithstanding Section IX.
G, such failure shall constitute Lessee's default of thi: Lease.
i
4. Pilot Lounge: To provide a pilot lounge area, inform- '
tional services, an- -telephone service connections to the Flight
Service Station at least during daylight hours, sunrise to sun-
set, three hundred and sixty-five (36. sys a year.
5. Parts: To provide for the sales of aircraft and engine
parts and `Inst-uments and accessories at least during normal
business hours end days.
6. Flligghhl School: To operate a flight school for the
instruction ofs`i a general public in flying and navigation.
8. AUTHORIZID SERVICES: In addition to the services required
to be providej y- Lessee pursuant to Article IV.A. (Required
Services) above, Lessee is hereby granted the non-exclusive
privilege, but :s not required, to provide the following services
and to engage ti the following activities:
PAGE 12
mmi
f r
i
I
1. Ramp services, including loading and unloading of
passengers, baggage, mail and freight, and providing of
ramp equipment, aircraft cleaning and other services
f for persons, firms or air carriers.
2. Special flight services, including n aerialiaerial sight-seeing,
I photo-
graphy and aerial ambulance operations.
3. Sale of used aircraft.
t
4. Rental of aircraft.
5. Aircraft charter operations.
It is expressly ud not o required grshall thae sthose
which are authorized, but q
those required services listed in Article IV., Section A, above.
C. OPERATING STANDARDS: In providing any of the required
and/or aut or ze serv fees or activities specified in this Agree-
stadarndsfit of the public
tshall s meet shall or excoperate for the ed the following use
and
1. Manager. Lessee shall select, appoint and desi pate
to easor in writing, a full-time Manager of business
at the leased premises. The manager shall be vested
with u and
Lessee with respect tou the authority aman manner t and conduct
s of the operation of the fixed base services to be
provided under this agreement. The manager shall be
available during regular business hours and during the
manager's absence, a duly authorized subordinate shall
be in charge and available during daylight hours, 365
days a year.
t 2. Em to ees. Lessee shall provide, at its sole expense,
t e emp oyees necessary to provide effectively and
efficiently the services required or authorized in this
Agreement.
k
3. EEm a Quelificationa. Lessee shall control the
con"~ucc emeanor andappearance of its employees, who
as such technical qualifications and hold
shall posse
such certificates of qualification as may be required
in carrying out assigned duties. Lessee shall be
I responsible to supervise its employes to assure a high
standard of service to customers of Lessee.
PAGE 13
1
D. VENDORS AND SUPPLIERS: to providing required and/or
authorize sere ceQ pursuant to this agreement, Lessee shall have
the right to choo es iovided sins ArticletiIV- Parag aph rA. g1.
suppliers, except pr
(Fuel).
E. CHARGES BY LEQSEE: andenoteunjustlyr discriminatoryhbasis
services on a a r, e qua and not
for eachi reasonable pro-
to all users thereof' ua and rices charge
unjustly discriminatory p
vided, however, that the Lessee may be all otedotherasimilarotypes
and nondiscriminatory discount o rebate,
of price reductions to volume p
F. MAINTENANCE OF AIRCRAFT ON UNLEASED PREMISES: It is
clearly un eratoo y t e easee t at no r g tor-pr vilfgem has
been granted which would operate to t prevent any
person, not covered byii this
corporation operating aircraft on p p Y o
Lease from performing any services on aircraft, including but not
limited to maintenance and repair.
G. UTILITIES TAXES AND FEES: Lessee
ccovenants and onnection with greesuit
shall meet a expenses an p Y
and occupancy of tha premises and the rights and privilegosrein
granted, including, but not limited to the timely payments of:
rentals and fees under this agreement, utilities, taxes, permit
fees, license fees and assessments lawfully levied or assessed.
vful ll Is
onngthe authorities
pre-
Lessee herein agrees pay to a
ad valorem property tax all improveme ertainin to the
raises, and to comply with all tax laws as p
mises
leased premises, either existing tax laws or those promulgated in
the future.
H. MAINTENANCE OF LEASED PREMISES: Lessee agrees it shall be
responslSle or a ma ntenance an repair of all items on the
leased premises, including buildings, structures grounds, util-
ities, grass cutting, landscaping, trash collection and removal,
except for exterior asphalt and paved areas and the fuel farm.
Lessee agrees that the property, together with all improvements,
shall be maintained in chana y in clean and the originalrc loreorotexture of
all times and that any g
the exterior walla of all structures or improvements shall
withheld, from Lessor, and such consent shall not
require
be unreasonably
Lessee shall provide a complete and proper arrangement for
the adequate sanitary haarb
ene a d and therosre€usew a used mss ha
'li
Airport, of all trash, g g
all e8 such Lessee garbage,~atras
ule approveoperation receptacles t for business.
and use h, and
PACE 14
other refuse, Piling of boxes, cartons, barrels or other similar
items in an unattractive or unsafe manner, on or about the demised
premises, shall not be permitted.
Lessee shall be responsible for maintaining suitable and
attractive yard appearance. Lessee covenants to mow the premises
in such a manner to ensure that weed or grass growth is never
allowed in excess of that allowed by City weed ordinance require-
ments and agrees to removal of weeds from around fences and build-
ings. Lessee is encouraged to provide additional landscaping
beyond the minimum required by City to assist in enhancing Airport
appearance.
Lessee herein agrees not to utilize or permit others to
utilize areas on the leases premises which are located on the
outside of the hangar(s) or building(s) to be used for the storage
of wrecked or permanently disabled aircraft, aircraft parts, auto-
mobiles, vehicles of any type, or any other equipment or items
which would distract from the appearance of the leased premises.
Lessee agrees that at no time shall the leased premises be used
for a flea market type sales operation.
During the term of this Lease, the Lessor shall have the right
to require that the metal exterior of hangar(s) or building (e)
located on the leased premises be painted at least gone (1) time,
with said utilizing Lessor'sg pecifications, atrcopyrof which if, attached
hereto as Exhibit "C". Lessor herein agrees to provide Lessee with
a two (2) year notice in writing prior to the required completion
date of the painting of the hangar(s) or building(s). Lessee
herein agrees to pay all costs and expense involved in the hangar
or building painting process. Failure of Lessee to complete the
hangar or building painting period prior to the required completion
date shall constitute Lessee .j default under this Lease.
Lessee further agrees that upon the expiration of the term of
this Agreement or sooner cancellation thereof, said premises will
be delivered to Lessor in good condition, reasonable wear and tear
excepted.
Lessor reserves the right to make periodic inspection of
leased premises and improvements and equipment therein during
normal business hours.
Lessee shall, at its sole cost and expense, keep and maintain
the demised premises and all improvements, additions or alterations
thereto, equipment and landscaping constructed or installed by
Lessee upon the leased premises fn first-class condition, which
condition Shall at all times to based on a standard of care
reflecting prudent property management, reasonable wear and tear
excepted.
Lessee agrees to install and maintain within any building,
PACE 15
V
parking and tie-down, and fuel storage areas on or hereafter
placed on the leased premises, such fire equipment and fire
extinguishers as may be required by applicable federal, state and
local fire codes and regulations.
Lessor agrees to maintain the exterior pavement and asphalt of
the leased premises. However, where the Lessor's cost of materials
to repair exceeds $2,000.00, Lessee agrees to reimburse Lessor for
one-half the cost of the materials which exceed $2,000.00 utilized
in making such repair, within 10 days of mailing of an invoice.
F%ilure to pay Lessor for such costs shall constitute an event of
default under this Lease. Lessor agrees to maintain and repair
the existing fuel farm. If Lessor decides to or is required to
replace said farm, Lessee covenants to use only Lessor's new fuel
farm facilities and pay the rate charged to other customers at tha
' Airport, not to exceed the rates at other public use airports
similar to Denton Municipal Airport, in size and scope of aviation
activities, located in the southwestern region of the United
States.
I. HAZARDOUS ACTIVITIES; Should Lessee violate any law, rule
restriction or regulation of the City of Denton or the Federal
Aviation Administration, 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 visi-
bility 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 per-
son(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 ight to demand that cor-
rective 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's
agent, or the person(s) responsible for the violation(ss fail to
cease and desist from said violation(s) and to immediately commence
correcting the violation(s), and to complete said corrections
within twenty-four (24) hours following written notification, 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.
ARTICLE V
INSURANCE AND INDEMNITY
A. INSURANCE REQUIREMENTS: Beginning on the effective date of
this Lease, Lessee stria maintain continuously in effect at all
PACE 16
V
times during the primary term of this Agreement and any extension
thereof, at Lessee's expense, the following insurance coverages:
1. Comprehensive General Liability Insurance covering the
leased premises, the Lessee or its company, 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
I all facilities used by the Lessee either as a part of
this Agreement or erected by the Lessee subsequent to
this Agreement.
4. Liability insurance limits shall be in the following
minimum amounts:
Bodily Injury and Property Damage:
$1,000,000 combined single limits on a per occurr-
ence basis.
5. aAll dditional policies named shall name
and eproCity of vide for Denton a minimum of prior to
s0p date written
of t any cancellation h or City e
the effective f such
policies.
6. All policies must be approved by the Lessor.
li 7. The Lessor shall be provided with a copy of all such
i policies.
8, Commencing October 1, 1993, Lessor herein reserves the
right to adjust or increase the liability insurance amounts
required of the Lessee, anJ to require any additional rider,
provisions, or certificates of insurance, and Lessee hereby
agrees to comply with any such adjusted insurance requirements as !
may be required by Lessor within sixty (60) days following
h receipt of notice in writing from Lessor stating the increased or
adjusted insurance requirements; provided however, that any
requirements shall be commensurate with insurance requirements at
other public use airports similar to the Denton Municipal
port in size and regions of scope of the United aviation States. For the purpose
the southwestern pose of
this Lease, the Southwestern region of the United States shall be
the states classified as the Southwestern region by the Federal
Aviation Administration. Lessee shall have the right to maintain
in force both types of insurance and amounts of insurance which
PAGE 17
4
r
exceed Lessor's minimum insurance requireuments. During the
` eriod from October 11 1993 and continuing ntil September 34,
1998, Lessor may not require Lessee to maintain liability
p _
insurance policies of more than $5,000,000.00 combined single
limits on a per occurrence basis.
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
insurance and/or amount of insurance as specified by State Law.
Failure of Lessee to comply with the minimum specified
of n this a Lease. by Lessor shell
amounts rtype of seees default insurance
constitute Les
D. INDEMNITY: During all times that this Lease is in effect,
the part es agree that Lessee is and shall be deemed to be an
independent contractor and operator and not an agent or employee For of City with respect to their acts
Lessee omissions
shall ebeu deemed an
all the purposes
independent contractor and it is mutually agreed that nothing
or shall be the parties heretoonatitute a
partnership herein
Lessee agrees to indemnify and hold harmless City and its
agents, employees, and representatives from and against all
actsiooor
liability for any and all claims, dorannegl and/or
arising from or based upon
9
omissions on the part of Lessee, its agents, r and sentativesubcson-
members, patrons, visitors, contractors (if any), and/or sublessees, which may arise out of or
result from Lessees occupancy or use of the premises and/or
activities conducted in connection with or incidental to this
Lease Agreement. Lessee shall also indemnify City against any
aid all mechanic's and materialmen's liens or any other types of
actidemised hereunder arising as a
cothe ndu premises
liens im osed e upon
result 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 it equitable e o mthe nature.ofThis
Indemnity Provision shall apply regardles of the
injury or harm alleged, whether for injury or death to persons or
damage to propertyy, and whether such claims by alleged at common or o This
Indemnity Provision shall sapply iwhether athe~basis tforwthe.claim, or statutor or PAGE 18
h
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, suits, demands, and/or actions based upon
or arising from any such claim asserted by or on behalf of Lessee
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 City shall
not be liable or responsible for the negligence of Lessee, 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, visi-
tors, contractors and subcontractors (if any), and/or sublessees,
and other persons, as well as for the protection of supplios and
equipment and the property of Lessee or other persons. Lessee
further agrees to comply with all applicable provisions of
Federal, State, and municipal safety laws, regulations, and
ordinances.
PROVIDED FURTHER, that the Lessee and the City 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 City. Lessee further agrees that this Indemnity
Provision shall be considered as an additional remedy to City and
not an exclusive remedy,,
ARTICLE VI
TERMINATION. SUBLETTING AND ASSIGNMENT
A. All the terms, restrictions, covenants and conditions of
record pertaining to the use and ^%upancy of the premises are
conditions of this Lease and failure of the Lessee to comply with
any of the terms, conditions, restrictions, covenants and condi-
tions of record shall be considered a default of this Lease, and
upon default, the Leasor shall have the right to invoke any one
or all of the following remedies. Selection of one or more
PAGE 19
T ► A
I
remedies by Lessor shall not constitute a waiver of any other
remedy.
B. Should Lessee fail to pay the monthly rental amount or any
fee prescribed in Article III hereof, such failure shall
constitute a default of this Lease, and Lessor may give written
notice to Lessee of Lessee's failure to pay and demand payment in
accordance with the Lease terms. Should Lessee fail to pay the
monthly rental amount or required fee within twenty (20) days
following receipt of written notice from Lessor, then Lessor may,
at its sole option, terminate this Lease without further notice
' to Lessee.
C. In the event that Lessee fails to comply with any of the
other terms, conditions, restrictions and covenants pertaining to
this Lease Agreement t},an in such event, Lessor may give Lessee
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 may at its sole option terminate this Lease without
further notice to Lessee. 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 ehall forfeit all
rights to all improvements on the leased premises and all
improvements on the leased premises shall become the property of
the Lessor.
D. In addition to 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 reason(s):
1. The Lease has reached the termination date of the
original term or any extended term thereof.
I
2. In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee and Lessee
tberoafter 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 act.
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 improvements.
PACE 20
ti
t
he
E. LIEN: The Lessor shall hav warelien
ants,
chettsec rit*, for
rent a~dresaid upon all goods,
fixtures, 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 spremisesewithinl ten e(10) days
personal property y from ersonal
elect to remove its pof such
after said termination. If Lessee
property as agree, Lessor may proceeds, or may have
property or may sell the same and keep the Qroc
such property removed at the expense of Lessee.
retake pair, title to fixed at its own
If Lessor has exercised Leits sseeptishall on to
improvements as provided,
expense, any damage resulting from said removal of personal
property and shall leave the leased premises in a neat and clean
I condition with all other improvements in place.
F. No WAIVER: Failure of Lessor to declare this Lease termi-
nated upo` tFie default of Lessee for any of the reasons set out
shall not operate to bar,
reason destroy of anor waive the y subsequentr vgiolat onQBof rthe
cancel this Lease by Lessor for
terms hereof. The acceptance of rentals and fees ofY the terms,
any period or periods after a default of any performed rm t
covenants, and conditions herein contained to be p , p
Lestor shall to cancel this deemed a of any failureh
and observed of by the Lessee
on th9 by
Lessee to so perform, l.eep or observe any of the terms, covenants
or conditions hereof to be performed, kept and observed,
G. SUBLET OR ASSIGNMENT OF LEASE6 Lessee expressly covenants
convey more than forty-nine
that it w not aas gn t s ease, Y
percent (49R) of the interest in its business located on the
leased premises, deemed herein to mean the controlling interest
in its business, through the sale of stock or otherwise, nor
sublet, assign, transfer, nor license
x athe pe for erentaln ofp rt o of hangar
the said premises for any purpose,
space or tie-down space, without the prior written consent of the that
onab its
` approoval Lofssthe asale, assignment,loro sublease oflcheifacilities
fat aviation related purposes. Inandecoevent nditionathat f ithisa Lease
assigned, all provisions, terms shall remain binding upon assignee or subleases.
H. EFFECT OF CONDEMNATION: If the whole or any part of the leased preen sea s a a mne or t fed en by eminent
domain
proceedings any city, county, sta
ooity for any y purpose, then the term of this Lease shall cease on
the part so taken from the day the possession of that part shall
PAGE 21
be 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, except that the rent shall be adjusted to
such amount as the parties hereto shall negotiate; but, under no
circumstances shall the rent be greater than the per square foot
rental provided for hereunder. All damages awarded for such
taking of land 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.
I. ASSUMPTION: All buildings and improvements of whatever
nature rema3 ning upon the leased premises at the end of the
primary term, or any extension thereof, of this Lease shall
automatically become the property of Lessor absolutely in fee
without any cost to Lessor.
ARTICLE VII
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 thl.rty
(30) days written notice, uppon 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 purposes; (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 facilitios continuing for a
longer period than ninety (90) days due to any law or any order,
rule or regulation of any appropriate governmental authority
having jurisdiction over the operations of Lessor or due to war,
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
aforesaid, or may elect to continue this Lease under its tr,rms
except however that the use of the leased premises shall no,: be
limited to aviation purposes, their use being only limitecl by
such laws and ordinances as may be applicable at that time.
PAGE 22
R r
ARTICLE VIII
RIGHTS AND OBLIGATIONS OF LESSOR
A. PUBLIC AREAS:
1. Lessor reserves the right to further develop or improve
the lending area of the Airport as it sees :it, regardless of the
desires or views of the Lessee, and without interference or
hindrance.
2. 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 main-
tenance of the Airport.
B. QUIET POSSESSION: Lessor covenants and warrants that, if
Lessee q sc erges the obligations herein set forth to be
performed by the Lessee, the Lessee shall have and enjoy during
the term of this Lease the quiet and undisturbed possession of
the leased premises, together with all appurtenances thereto and
without hindrance from the Lessor.
C. RIGHT OF EASEMENT: Lessor or Lessor's authorized agent
shall ave t e r g t to establish easements, at no cost to
Lessee, upon the leased premises 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 Lessee's use of the
leased premises and Lessor shall restore the property to its
al condition upon the installation of any utility services
origin
on, in, over or under any such easement or the conclusion of such
construction. Lessee shall not have the right to levy fees or
charges for any exercised right of easement by Lessor or Lessor's I
authorized agent.
D. INGRESS AND RGRESS: Upon paying the rental hereunder and
perform rig a i of tfie terms, conditions, and covenants of this
Agreement, Lessor agrees that Lessee shall have the right of
ingress to and egress from said leased premises for the Lessee,
customers vendors,
its officers, emptoyees a ents servants,
suppliers, patrons, and invitees over such roadway(s) as may be
designated for that purpose and the right of egress to and egress
from the landing area for airplanes over taxiways and aircraft
parking ramps provided by Lessor. Said roadway(s), aircraft
parking ramps and taxiways shrill be used jointly with other
tenants on the airport, and Lessee shall not interfere with the
rights facilitiesd ands privileges s be of other to such weight wand using type said
restrictions as Lessor deems necessary.
PAGE 23
E TIE-DOWNS: Between September 1, 1988 and August 31, 1993,
Lesso• agrees to reserve fifteen (15) of its present tie-down
spaces for the use of transient aircraft. Lessee, at its option,
from :ime to time may rent as many of said tie-down spaces as are
then inoccupied at the rate of $2.50 each per day or $25.00 per
month
ARTICLE IX
SPECIAL CONDITIONS
I: is expressly understood and agreed by and between Lessor
and Lessee that this Lease Agreement is subject to the following
speciil terms and conditions:
A RUNWAYS AND TAXIWAYS: That because of the present sixty
thous M , pound continuous use weight bearing capacity of
the r mway and taxiways of the Airport, Lessee herein agrees to
limit all aeronautical activity including landing, takeoff and
taxii g, to aircraft having an actual weight, including the
weigh of its fuel, of sixty thousand (60,000) pounds or less,
until such time that the runway and designated taxiways on thp
Airpo• t have been improved to handle aircraft of such excessive
weigh s. It is further agreed that, based on qualified
engineering studies, the weight restrictions and provisions of
this clause may be adjusted, up or down, and that the Lessee
agrees to abide by any such changes or revisions as such studies
may dictate. "Aeronautical Activity" referred to in this clause
shall include that activity of the Lessee or its agents or
subco a ractors, and its customers and invitees, but shall not
include those activities ovor which it has no soliciting part or
contr.)l, such as an unsolicited or unscheduled or emergency
landing. Negligent disregard of the provisions of this section
shall be sufficient to cause the immediate termination of this K
enti:e Agreement and subject the Lessee to be liable for r.ny t
damages to the Airport that might result.
BUILDING LIFE: It is agreed that the life of any building
to bi construct`edb Lessee on the property herein leased is at
less: twenty-one (21~ years.
ARTICLE X
GENERAL PROVISIONS
A. WAIVERS: Failure of either party to complain of any act
or mis-M on the part of the other party, no matter how long
the same may continue, shall not be deemed a waiver of any breach
of any of the provisions of this lease or a consent to any
autaequent breach of any of the sane or any other provisions.
PAGE 24
B. LEASE BINDING ON SUCCESSORS ASSIGNS ETC.: All covenants,
agreements, prdv~l0ns an con tons 0t s lease shall be
binding upon anO inure to the benefit of the respective arties
hereto, that is both Lessor and Lessee jointly and severall ,
the successors or
and Lessee, Noon
their rantee legal lassignees representatives
g
of this Lease shall binding pon either party unless it is in
writing and signed by both parties.
C. ATTORNEY'S FEES: In any action brought by either party in
which a u gment a awarded in favor of the party instituting the
action for the enforcement of the obligations and conditions of
the Lease, that party shall be entitled to recover all costs from
the other party, including attorneys fees, involved in the
enforcement of this Lease.
D. PARAGRAPH HEADINGS: The headings +ssed herein for each
paragraph. are use on y or convenience and are not intended to
explain the nature of each paragraph.
E. PARKING: Lessor reserves the right to restrict and
designate parTcing areas for all surface vehicles on all areas of
the Denton Municipal Airport.
F. SEVERABILITY: If a provision hereof shall e hive finall
declare vo or Illegal by any court
having jurisdiction, the entire Agreement shall not be void; but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original intent of the parties.
G. FORCE MAJEURE: It is understood and agreed between the
part iesTiereto tat es see shall be relieved from the performance
of any obligation of this lease during such period of time as the
performance of such obligation disorder, waar, whether decl pparedbor
because of revolution, public
not, acts of public enemies, strikes or other labor disturbances
(unless the some were induced by the negligence or willful act of
Lessee, its agents, servants, employees or independent contrac-
tors), fires, floods, storms, acts of God, orders or acts of any
government or governmental authority through no fault of Lessee,
or any cause of a like nature through no fault of and beyond the
control of Lessee. In any such case, written notice, sent byy))
registered mail shall be given by Lessee to Lessor
of the
advising Lessor en (10
days after the commencement of such cause
existence of such cause and of Lessee's readiness to resume
performance of such obligation upon the removal or nonexistence
of such cause.
It is further understood and agreed between the parties
hereto that Lessor shall be relieved from the performance of any
time as the
obligation during is such period of
impossible
such lease
obligation performance o of this
PAGE 25
T
4
because of revolution, public disorder, war, whether declared ur
not, acts of public enemies, strikes or other labor disturbances
(unless the same were induced by the negligence or willful acts of
Lessor, its agents, servants, employees or independent contrac-
tors), fires, floods, storms, acts of God, orders or acts of any
government or governmental authority through no fault of Lessor,
or any causes of a like nature through no fault of and beyond the
control of Lessor. In any such case, written notice, sent b
registered mail shall be given by Lessor to Lessee within ten (10~
days after the commencement of such cause advising Lessee of the
existence of such cause and of Lessor's readiness to resume
performance of such obligation upon the removal or nonexistence of
such cause.
H. LEASE APPROVAL: Be it further understood by the Lessee that
this Agreement shall not be binding on either party until such
time as approval of Agreement has been secured from the Denton
City Council.
I. NOTICE: Any notice given by one party to the other in con-
nect ioa w_ftF_ this Agreement shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid:
1. If to Lessor, addressed to:
City Manager
City of Denton
Denton, Texas 76201
Unless notified to the contrary by Lessor.
2. If to Lessee, addressed to:
AirDenton, Inc.
Denton Municipal Airport
Denton, Texas 76205
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
J. GOVERNING LAW: This Agreement is to be construed in
accordance with t -e aws of the State of Texas.
K. ENTIRE AGREEMENT: This Agreement constitutes the entire
understanding between the parties and as of its effective date
supersedes all prior or independent Agreements between the parties
covering the subject matter hereof. Any change or modification
hereof shall be in writing signed by both parties.
L. TIME: All references to days shall be construed to be
calendarcays.
PAGE 26
T
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
SR YTE ENS, MAYOR -
ATTEST:
JENNIFER W TER , CI SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOYITCH, CITY ATTORNEY
BY:
a
AIRDENTON, INC., LESSEE
k
i
BY:
ff HUFF, PRESIDENT
ATTEST:
i
MARPMTE SECRETARY
AIRDENTON, INC.
PAGE 27
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared Jim Huff, President of
AirDenton, Inc., known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said AirDenton, Inc., a
corporation of the State of Texas, and that he executed the same
as the act of said corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1988.
My commission expires;
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared Ray Stephens, Mayor of the
City of Denton, Texas, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknow-
ledged to me that the same was the act of the said City of Denton,
Texas, a municipal corporation of the State of Texas, and that he
executed the same as the act of said municipal corporation for
the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of 1988.
B
My Commission expires:
PAGE 28
1
I
AGREEMENT FOR OPERATION OF FLIGHT SCHOOL
This agreement entered into this ;U _ day of
ciann , 1988, by and between AirDenton, Inc.
hereinafter referred to as "FBO", and Dobransky Enterprises,
inc., hereinafter referred to as "Dobransky",
WHEREAS, "FBO" is operating under the terms of an
agreement between Maverick Aircraft, Inc. and the City of
Denton, such agreement being dated Aug.30,1988, hereinafter
referred to as "Agreement', and which "Agreement" is
incorporate:,] herein for all purposes; and
WHEREAS, "Agreement" in Article IV, AM, requires
the operation of a flight school, and
WHEREAS, "Dobransky" desires to operate a flight school
at the facilities covered under "Agreement",
NOW, THEREFORE, in consideration of the mutual agreements
and covenants hereinafter set forth, the parties hereto agree
as follows;
•(1) For a term of three years, begining Dec.1,1988,
"Dobransky" will operate a flight school in the premises
devised under the "Agreement".
(2) "Dobransky" will obey and adhere to all covenants
and agreements contained in tho "Agreement". "Dobransky"
specifically agrees to comply with the requirements of
Article V of "Agreement'.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
AirDenton, Inc I
by
mea W. f, r es.
,oo Dobransky Enterprises, Inc.
by
4uoob-rQanyr Pre Pre .
i
,
1
V
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• I
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Resolution to enter into an agreement with the Denton
Independent School District to develop a neighborhood
park.
RECOMMENDATION:
The recommendation is to pass a resolution to enter into a lease agreement with the
Denton Independent School District to develop a neighborhood park on school owned
property.
SUMMARY: The City of Denton has established a cooperative agreement with the School
District to maximize public use of public owned property. The School District currently
owns a 12 acre tract of land for a future school site at the intersection of Teasley
Lane and Longridge Drive. The Parks and Recreation Department wishes to develop this
unused into a neighborhood park until such time the school determines to build a
school.
Currently, the City and School District operate similar arrangements on adjoining
property as well as the City has developed a neighborhood park on lease property at the
Denton State School. The City isst actively seeking to reduce the deficiency in neighbor-
hood ark land. This dev 1~RmeGBR0U 11 AFFECTpDark Master Plan goals for this neighbor-
hood zone.
Parks and Recreation
PISCAL_ IMPACT: No fiscal impact will result in the current fiscal year budget.
Property clean up and mowing will be absorbed into present schedule as available. A
i neighborhood support group will be established to raise funds to purchase playground
and other park equipment.
RESPE FULLLLY SUBMITTED:
L1 d V. Harrell
City Manager
Prepared by:
r
ame Robert K. Tickner
Title Superintendent of Parks
A cove
ae
Title
I
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Wceatig
CITY of 0ENT0N, TEXAS Civic Center/ 321 E. McKlnneyl Denton, TX 76201
M E M O R A N D U M
TO: Betty McKean, Executive Director for Municipal Services
and Economic Development
PROM: Steve Brinkman, Director of Parke and Recreation
DATE: November 90 1988
SUBJECT: Teasley Lane Park
We waited to make sure the budget for next year was approved before submitting
this to Council. Now that funds are available for maintenance of the area we
1 are proceeding on a fundraising effort to start the development. This
j document will finally approve the contract between the City and the Denton
Independent School District for the Teasley Lane Park property. e
1 ~
we have discussed this future elementary school site with DISD staff, and they
feel that it will be at least five years before this would be used. Even
after a school is developed we will continue to use the site as a joint
school/park site, hopefully on a permanent basis.
r
Due to the fact that this area may be developed as a school site in the
future, we will only minimally develop this site at this time. We can install
parking, picnic areas, play equipment, and play fields, and easily move them
if and when a school is constructed. After that, it will be a simple matter
to go back in and build facilities such as tennis courts, picnic pavelions,
j trail systems, etc.
1
Steve Brinkman
i
1
MEM02565
~atioota! gala/ ~/l~ea/~l ~lli~aied ~ll'i~r~~ ~
Donlon Parks and Recreation / Denton, Texas / I8f 7J tfeTS•8270 R
~1.
n
c eats
CITY of DENTON$ TEXAS Clr14 Center/ 321 E. McKinney/ Denton, TX 76201
CITY OF DENTON
PARKS AND RECREATION BOARD MEETING
TUESDAY, DECEMBER 11 1987
5:30 P.M. SENIOR CENTER
MEMBERS PRESENT: Gary Kirchoff, Chairman
Carl Anderson, Vice Chairman
Rita Pilkey
Dalton Gregory
Catherine Bell
STAFF PRESENT: Steve Brinkman, Director, Parks and Recreation
Bob Tickner, Superintendent of Parks
Chris Smith, Administrative Assistant
Joy Nesch, Senior Secretary
GUEST PRESENT: Virgil Strange
1. MEETING CALLED TO ORDER
I
The meeting was called to order by Gary Kirchoff, Chairman.
II. APPROVAL OF MINUTES FROM LAST MEETING
On a motion by Carl Anderson, second of Dalton Gregory, the
minutes of the meeting of October 26, 19871 were approved.
i
III. OLD BUSINESS
1. Mandatory Dedication Ordinance:
i
Gary opened the discussion with a brief review of the
reasons which prompted the need for mandatory dedication
ordinance. He then introduced Virgil Strange, who was
acting as a representative for the major developers in
the area. Mr. Strange said he was concerned that the
ordinance would have a negative effect on development and
~/Ya!ianal ~ald~ltedal,~t~ul ~~f'rnnprt ti
Donlon Parks end Recreation / Denton, Texas / {6 17) 666•8270
, 10.
N
i
Parks and Recreation Board Meeting
December 11 1987
Page - 2
suggested using alternatives such as donations of land
from developers, donations from individuals to be used as
memorials, or taxes. He also suggested trying a policy
statement for 18-24 months to see how it would work and
then if the policy did not provide the necessary land or
fees, the City could go to a mandatory dedication
ordinance.
The consensus of the Board was to carry the ordinance to
the Planning and Zoning Commission for their review and
then to the City Council if approved by Planning and
Zoning.
2. Pioneer Farm:
Steve reported that the City Council gave approval on the
concept of the farm with the condition that it must be
shown that it could be self supporting.
3. Martin Luther King, Jr. Center:
Steve said the construction drawings have been approved,
and the Purchasing Department will send out for bids in
about 14 days. The bids will be out for 30 days and then
council will approve the lowest and best bidder. He also
suggested a committee be formed to start working on the
dedication ceremony. Catherine Bell said she would
volunteer to serve on the committee.
4. Pool Complex Feasibility Study:,
Steve said he should have the report from the consultant j
later this week. A copy of the report will be sent to {
each member. The report will go to the Finance
Department and then a recommendation will be made to
Council.
I
IV. NEW BUSINESS
1. Proposed Teasley Lane Parksite:
Steve gave a background on the property which is being
proposed as a parksite. The school district had
purchased the land for a school site but will not be
using the land for several years. The school district
has approved the use of the lant for a parksite until it
should be needed for a school site. Bob Tickner said the
land is approximately 12 acres in size and gave a
presentation showing potential plans for the use of the
land. Steve said a solicitation drive would be initiated
to raise money to help with the development of the
property.
1
I
Parks and Recreation Board Meeting
December It 1987
Page - 3
Dalton Gregory moved that the department move ahead wi'n
the development of the parkland on Teasley Lane. P.ta
Pilkey seconded the motion. The motion ca-tied
unanimously.
I
V. OTHER BUSINESS
1. December Meeting Date:
The Board decided to not have a meetirg in December
except for the possibility of a joint meeting with the
Planning and Zoning Commission.
vie ADJOURN
j On a motion by Carl Anderson, second o. e.atherine Bell, the
{1 meeting was adjourned.
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2519E
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL
DISTRICT FOR THE DEVELOPMENT OF A PARK LOCATED ON TCASLEY LANE;
t AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
r. SECTION I. That the City Council of the City of Denton,
here y -approves an agreement between the City of Denton and the
Denton Independent School District for the development of a park
located at 2201 Teasley Lane and Longridge Drive, 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 11. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1988.
a
' s
RAY STEPHEN3~ MAYOR
f I ATTEST:
l k
P,
S
JENNIFER WALTER39 CITY SECRETARY
1
i APPROVED AS TO LEGAL FORM: !
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY.
ZO AdJ4 "mtj
i
2238L
THE STATE OF TEXAS AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON
COUNTY OF DENTON g INDEPENDENT SCHOOL DISTRICT
The purpose of this agreement is to provide for the deve-
lopment of a park in the City of Denton. This agreement is
mode pursuant to the Interlocal Cooperation Act, article 4413
(31.c) V.T.C.S., between the Denton Independent School District,
hereinafter referred to as "District", and the City of Denton,
Texas, hereinafter referred to as "City", and the parties agree
to cooperate in providing for the operation of a public park in
the City of Denton and, in furtherance of that general
agreement, hereby agree to the following specific provisions:
I.
The District will permit the City tr, d4velop a public park
on its property located at 2201 Teasley Lane
and Longridge Drive in the City o enton, enton County,
Texas. Said property is more particularly described in the
attached survey map on Exhibit 'A" attached hereto, which is
incorporated herein by reference. The District will not be
responsible in any way for the #!e operation of the park.
II.
The City will:
i
A. Operate said public park in accordance with municipal
regulations and the terms of this contract.
B. Maintain the appearance of the Public Park and
surrounding area and its access roads by clearing all trash on
a biweekly basis.
C. Permit the district to use park facilities at all
reasonable hours when the park is open to the public. In this
regard, the development of the public park is of mutual concern
and benefit to the contracting parties.
D. Remove all park equipment from the premises upon the
termination of this agreement.
E. Indemnify and hold the district harmless for any damages
which arise from the City's negligent act or error operating
the park.
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III.
The District and City mutual agree that:
As The primary term of the contract shall be for a period of
five (S) years beginning on
on and terminating
exten e , un ess ea contract period is
t rou a
E new or renegotiated agreement made between
the parties. Each renewed or secondary term Shall last for a
period of three (3) years.
8. In recognition of the considerable investment required
on the part of the citizens of the City of Denton, in both time
and public funds, in the acquisition of a suitable location and
the development of a public park facility, this contract may
only be terminated for one or more of the following causes:
1) Should the City fail to comply with the provisions
of this contract;
2) Should the City and District determine the need
for said public park to cease; or
3) Should the district need the use of the abova
described property.
IV.
This Agreement shall be binding on both the District and
City, effective upon its execution. Either party may terminate
the agreement, for one or more of the above causes designated as
No. 1 and 2 in Article III (8) above, by giving ninety (90) days
{ written notice of its intent to terminate the contract. The
agreement may also be terminated pursuant to article 111 (8)(3); E
ho;+ever, written notice of intent to terminate thereunder must be
givan at least ninety (90) itys in advance.
EXECUTED this the day of , 1988.
CITY OF DENTON, TEXAS
BY.,
RAY , RXYOR
ATTEST:
PACE 2
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APPROVED AS TO FORM:
DEBRA ADAMI DRAYOVVITCH, CITY ATTORNEY
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BY:+n
BOARD OF TRUSTEES, DENTON
INDEPE SCHOOL DISTRICT
BY: (~c I
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B , P E
ATTEST:
t
RIKE OR_, SECR
LfARY
s APPROVED AS TO FORM:
ATTORNEY FOR BOARD OF TRUSTEES
DENTON INDEPENDENT SCHOOL DISTRICT
BY: ~
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CfTYof DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 74201 /TELEPHONE {817) 688-8307
Office of the City Manager
M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE: November 11, 1989
SUBJECT: Back-up for Agenda Item #5.D.
The University of North Texas is honoring the late King Cole by
dedicating a symposium in his name. Lee Cole will be in Denton
December 7th for that dedication. In conjunction with that event,
a reception will be held at the Library for Lee honoring King's
service with the City of Denton. We are presentigg you with an
initial resolution to honor King and will refine it before the
reception to include more details about King's tenure with the
City. We wanted to present you with an itinital resolution so
i that it would be formally approved before the reception.
1
Je e rW a era
2727C/2
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In appreciation of
WILLIAM "KING" COLE
wNEAlAS, Mllllem "King" Cole had a distinguished public service
career as AsSiStmnt to the City Manager and Assistant Clty
Manager for the city of Denton, rates which Involved
adminlsraring to numerous boards Including the Airport
Advisory Board for which he wrote several grants for
runway sstonslons at the Denton Municipal Airports the
Assearch and Economic Development Board which coordinated
efforts to attract new WoStry for Denton resulting In
the establishment of the Golden rrlangIe MalJ and
Paterbilt, Inc.) the founding of the Cable rV Advisory
board for which he wrote the lranchiear and the Community
and Ethnic Aelatlone Board which pioneered efforts to
bring in more minority participation for the city of
Denton) and
Wmal 4, William 'xing' Cole was a dedicated Board representatiro
to the Teses City Management Association who consistently
strived to further Standards of excellence within the
profession. King served as the Dean of the City Management
fundaments JB Course AJnee Its JArgtiOn In 1914 At the
university of Korth Tessa in coopsratloa with the resat
City Management Assocletion. Through his dignified leader-
ship, this course has improved the Skills of hundreds of
professionals from a variety of disciplines and enhance
the overall quality of local goverment In Tarasl and
wNEAfAS, MlJliaa 'King' Cole had a great esteem for Ilbrarlos, a
high regard for librarians and his leadership resulted In
a library espanslon program for the City of Denton)
i
MOM, TBIAAlt7AE1 BB IT AESOLVEDr
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that the mayor and Nanbers of the City Council of the City
of Denton desire to designate December Y. 1991, as
'ItntIAM XZFG COLA DAT' In the City of Denton, regAm.
4
PASSED AND APPACVSD this the 17th day of November, 1981. li
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APPAOVaa AS tV L$CAL fCANi
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C1TYofDENTON,TEXAS MUNIC(P'_ dUILDfNG / DENTON, TEXAS 76201 / TELEPHONE W7) 566.8200
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Date: November 10, 1988
TO: Lloyd V. Harrell, City Manager
FROM! John F. McGrane, Executive Director of Finance
1 SUBJECT: OCTOBER BUDGET REPORT
i
Although there are only preliminary reports for the first month of the 1988-89
II fiscal year, it seems that the month of October has been a rather uneventful
fiscal month. Total General Fund revenues for the month were 1.87 Million
while total obligations ;,xpendJtures and encumbrances) equaled $1.74 Million.
The only major revenue item in the General Fund worth noting was sales tax
receipts, The first month's collections were 4589,072. This was 60786 less
than projected] however, it was 26,877 greater than last year's actual
receipts for the same period. Preliminary economic reports are suggesting
that the Christmas sales pariod for this year will not generate significant i
increases over last period. I
I
It is too early in the fiscal year to make any long-term projectional however, !
it seems as though, after the first month, the budget is tracking close to f
projection. I
If you have any questions, or need any further information, please advise.
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