HomeMy WebLinkAbout12-20-1988
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AGENDA
CITY OF DENTON CITY COUNCIL
December 20, 1988
Work Session of the City of Dentun City Council on Tuesday,
December 20, 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 hock Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:30 P.M.
1. Joint meeting with the Library Board to discuss
library expansion options.
Executive Session:
2.
A. Legal Matters Under Sec. 2(e), Art, 6252-17
V.A.T.S.
11 Discussion of County of Denton vs, City of
Denton.
2. Discussion of Flow Memorial Hospital
Bankruptcy.
3. Discussion of Struble v. City of Denton.
4. Discussion of worker's compensation claim by
David Hurley.
5. Discussion of worker's compensation claim by
Jerry Tanner.
B. Real Estate - Under Sec. 2(f), Art. 6252.17 j
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252.17 V.A.T.S.
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1 Regular Meeting of the City of Denton City Council on Tuesday,
December 20, 1988, at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
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City of Denton City Council Agenda
December 20, 1988
Pagn 2
7:00 p.m.
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1. Presentation of the Certificate of Achievement Award
to the City of Denton for excellence in financial
reporting from the Government Finance Officers
Association of the United States and Canada.
2. Presentation by the Southland Corporation to SPAN.
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3. Public Hearings
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A. Hold a public hearing and consider adoption of an
1 ordinance amending Planned Development-18 and
s approving a concept plan on 19.0704 acres which
expands Planned Development-18 to 24.4 acres.
Petitioner is Safety Kleen Corporation. The
property is located at the southeast corner of
Cooper Creek Road and the Texas and Pacific
Railroad and Mingo Road. The property is
! currently zoned agricultural and planned
development industrial and more fully described
in the Moreau Forrest Survey, Abstract No. 417.
If appr w ed, the property may be used for
industrial uses. 2.88-020. (The Planning and
Zoning Commission recommend approval).
4. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff f
recommendations. Approval of the Consent Agenda authorizes the 1
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
A. Tax Refunds
1. Consider approval of a tax refund for
Southridge Village P/S - 08907-00128.
1. Consider approval of a tax refund for
Southridge Village P/S - 08907.00130.
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51 Ordinances
A. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement between the City of
Denton and Bracewell E Patterson and Winstead,
McGuire, Sechrest 8 Minick for legislative
representation.
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City of Denton City Council Agenda
December 20, 1988
Page 3
B. Consider adoption of an ordinance amending Sec.
4-10 of the Code of Ordinances of the City of
Denton relating to the required distance between
certain dwellings and the enclosed spaces in
which livestock may be kept; and providing for a
penalty in the maximum amount of five hundred
dollars for violations therefor.
4 C. Consider adoption of an ordinance prohibiting the
parking of vehicles on the north side of a
portion of Hanover Street; providing a
severability clause; and providing a penalty not
to exceed two hundred dollars. (The Citizens
Traffic Safety Support Commission recommends
t approval).
1 D. Consider adoption of an ordinance establishing
permit fees for the inspection of parking
lot/driveways as required by Appendix A of the
E Code of Ordinances.
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E. Consider adoption of an ordinance authorizing the
publication of notice of intention to issue
Certificates of Obligation.
F. Consider adoption of an ordinance authorizing the
City Manager to execute a contract between the
City of Denton and Freese 6 Nichols Consulting
Engineers to prepare airport preapplications for
submittal to the F.A.A. for airport improvement
projects eligible to receive airport improvement
program funds. (The Airport Advisory Board
recommends approval).
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G. Consider adoption of an ordinance approving a i
lease between the City of Denton and Bert E, i
Mahon and Mary L. Mahon for property located at
1 the City of Denton Municipal Airport, Denton,
Texas. (3'he Airport Advisory Board recommends
approval).
b. Resolutions
A. Consider approval of a resolution postponing the
regular meeting of January 3, 1989 to January 10,
1989.
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City of Denton City Council Agenda
D~-ember 20, 1988
.ge 4
7. Miscellaneous matters from the City Manager.
` A. November Budget Recap
f B. Consider street names and the 911 system.
i C. Consider annexation of property along the Elm
Fork of the Trinity River from the City limits to
a the Lake Ray Roberts Dam. A-58.
D. Consider General Telephone's request to expand
local measured service to the Denton area.
8, Official Action on Executive Session Items:
' A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
9, Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
i B. Real Estate Under Sec. 2(f), Art. 6152-17
V.A.T.S.
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C. Personnel/L^oard Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
C E R T I F 1 C A T E~
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 1988 at o'clock
(a.m.) p.m.
3019C
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MEMORANDUM
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Tot LLOYD HARRELL, CITY MANAGER
FROM: JOELLA ORR, LIBRARY DIRECTOR
SUBJ: HEW ASSOCIATES, INC. REPORT ON LIBRARY EXPANSION AND TIME SCHEDULE
DATE: December 16, 1988
The Library Board has reviexed the attached report from Dick Waters of HEW
Associates, Inc. on future library expansion. Mr. Waters will present the
report at the joint session of the Library Board and the City Council at the
work session on Tuesday, December 20, 1988.
There will be a response Fran the Library Board from Dr. David P. Speck and
with the Council's approvcl, the Library Board would like to follow the
attached schedule for library expansion.
JOEL ORR
JOtje
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Ifl Enclosures
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1988-91 SCHEDULE FOR DENTON LIBRARY BOARD EXPANSION
DECEMBER 209 1988
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Oct Nov. Dec. _Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept.
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' 1988/89
x x x x x x x x
1) Begin Solicitation of Gifts
2) Hire Architect x
3) Renovation of Preaent Building x x x
4) Order Shelving for Present g
Building/To Be Reused
{
j 5) Preapplication for Grant Funds
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198919
1) Continue Solicitation of Gifts x
x
2) Acquire Land
3) Continue Renovation of x x X x x x X x
Present Building ~
X
4) Complete Building Plane l~
x
5) Order Balance of Shelving
' 1 90/ 1 ~ E
1) Start Building
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` CJTY*f DEWON, TtXAS MUNICIPAL BUILDING/ DENTON, TEXAS T820f / TELEPHONE (8171666.8307
If Office o! the CIty Manager
M E M O R A N D U M
TOI Mayor and Members of the City Council
FROM: Jennifer waltets, City Secretary
DATE: December 15, 1988
SUBJECT: Back-up for Agenda Item i2A.4, 2A,5
Back-up information is being supplied under serarate cover.
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ZOO
NEWS RELEASE GOVERNMENT FINANCE
OFFICERS ASSOCIATION _
REt CITY OF DENTON A312'? NM 4CANAVFNUE
Is Awarded'l`K,pSW60
HIGHEST AWARD IN FINANCIAL REPORTING 4806
(Chicago)--The Certificate of Achievement for Excellence in Financial
Reporting has been awarded tot
CITY OF DENTON
by the Government Finance Officers Association of the United States and
Canada (GFOA) for its comprehensive annual financial report (CAFR).
The Certificate of Achievement is the highest form of recognition in the
area of governmental accounting and financial reporting, and its
attainment represents a significant accomplishment.
When a Certificate of Achievement is awarded to a government, an Award
of Financial Reporting Achievement also is given to the individual
designated as primarily responsible for its having earned the certificate.
This Award of Financial Reporting Achievement has been presented tot
JOHN F. MCGRANE, DIRECTOR OF FINANCE f
The CAFR has been judged by an impartial panel to meet the high
standards of the program including demonstrating a constructive "spirit
of full disclosure" effort !o clearly communicate its financial story
and motivate potential persons and user groups to read the CAFR.
The GFOA ib a nonprofit professional association serving 11,500
government finance professionals. The association produces a variety of
technical publications in various fields of governmental finance, and
represents the public finance community in Washington, D.C. The
association provides numerous training opportunities# and conducts an
annual conference atten,'ed by 5,000 public finance professionals.
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19 r1_1 U W
f NOV - 11988
CIiY lif Uf?Iit7tt~
CITY MAtiAGEAS OFFICE
October 26, 1988
Denson City Council
Attnt Jennifer Walters
215 E. McKinney
Denton, Tx. 76201
Dear Jennifer: f
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This letter is to confirm The Southland Corporation's presentation
before the City Council on Tuesday, December 20 at 7:OOp,m. The
check presentation is as followst
The check presentation will be made to Denton SPAN for $1000.
There to accept from Denton SPAN will be Roberta Donsbach, and 1
to present the check will be Southland representative Clint
Miller.
If there are any questions regarding this presentation, please I
give me a call.
Sincerely
Cathy G s
Public Relations
North Texas Division
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7•Eieven Stores / Division 1649
One Forest Plane / 12200 :rk Central Orive / Suite 600 ! Ulm, Texas 76261 / Phone !2141980 8066
C~7 tH[,AOUTHLAND
L CORPORATION
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DATE: 12/20/88
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM; Lloyd V. Harrell, City Manager
` SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR 2-88-020
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RECOMMENDATION:
Planning and Zoning Commission recommended approval at its
October 26, 1988 meeting.
SUMMARY:
The proposed planned development concept plan expands the original
I planned development to twenty-four (24) acres. The industrial uses
proposed may be evaluated under the economic development policies of
the Plan.
BACKGROUND:
In 1974, the City approved a planned-development on five (5) acres
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at the corner of Mingo Road and Cooper Creek Road. An amendment was
adopted in 1986 to allow an expansion of the facility. r
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
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Thirty (30)
property owners within 200 feet of the property were
notified, `
FISCAL IMPACT:
No impact to general fund. f
4Reapecc y s~: mi t e o
Prepared bys rrell
City Manager
Cecile Carson
Urban Planner
f AA pp
Fr Robbins
Executive Director fox
Planning and Development
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PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
To: Denton City Council
Case No.: Z-88-020 Meeting .late: December 20, 1988
GENERAL INFORMATION
Applicant: Safety Rleen Corporation
i 1722 Cooper Creek Road
Denton, Texas 76201
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` Status of Applicant: Owner/Purchaser
` Requested Action: An amendment to planned
development-18 and approval of a
concept plan on 19.0704 acres. The
proposed use is industrial including
warehousing and dis!ribution
facilities.
Location and Size: Approximately 19.0704 acres to create
a 24.44 acre planned development at
the southeast corner of Cooper Creek
Road and Mingo Road.
Surrounding Land Use
and Zoning: North - Cooper Creek Methodist
Church, Cooper Creek Baptist II
Church, PD-131 - residential
and retail, Vacant
South - Single family, convenience
store= LI, C
East - LI# Vacant
West - Pillsbury/Green Giant plant,
i Vacant
Denton Development Plan: Low intensity area
SPECIAL INFORMATION
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Transportation: The property has frontage on Cooper
` Creek Road designated as a secondary
f major arterial. The Texas and
Pacific Railroad abuts the property
and a rail spur is proposed to extend
along the eastern boundary of the
tract. Driveways on the concept plan
do not reflect final approval. The
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(Case Z-88-020)
Page Two
SPECIAL INFORMATION (Continued)
driveways must be at least 300' apart
with 60' of stacking room$ and the
driveways should intersect with
Cooper Creek Road at a 9D° angle.
Cooper Creek Road will need to
realigned when platting is being done
to eliminate the curve in the road,
Perimeter street paving will be
required, as well as sidewalks. Mary
Lee Road will be recommended for
abandonment if this planned
development request is approved.
Utilities: Existing 10" water and sewer lines
along Cooper Creek Road will serve
the site. City of Denton electric
service is provided to the existing
building.
Drainage: Improvements will be required to
extend under Cooper Creek Road,
Downstream improvements will be
necessary on the west side and may be
necessary on the east side.
HISTORY
Planned development-18 was approved by the City of Denton on
June 4$ 1974. An expansion of the industrial plant was
considered be the city in 1985 and approved by ordinance in 1988, 1
ANALYSIS f
l The property is in a low intensity area as defined in the Denton
I DeVelo meat Plan with 60 trips per day per gross acre. The area
s 4 over the intensity standard for the area based on current j
land use and 364 over the intensity standard based on current
zoning, Based on the City's policy of proportionate share of
intensity, when intensity in an area has already been exceeded
then the proposed land use should be evaluated in reference to
the least intense, most logical land use for the property in the
l area,
I The Denton Development Plan also states that the City may waive
the application of the intensity policies so as to accommodate
the proposed development on a specific site in cases of economic
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ANALYSIS (Continued)
development. According to the Plan, "all businesses or
industries must be able to show that at least 511 of their goods
or services are directed to serve people outside the City of
Denton" and "all business listed in the Standard Industrial
Classification (SIC) of the Department of Commerce, except for
groups 52-59 under retail trade may be considered for
incentives." The proposed expansion of the Safety Kleen plant
could be evaluated under this policy. The proposed site will
distribute more than Sit of its products outside the city limits
I and ouldbeolisted under the acceptable Standard Industrial
Classificatin (SIC).
RECOMMENDATION
The Planning and Zoning Commission recommends approval the
proposal based on the economic development policy of the Denton
Development Plan with the following condition:
The driveway locations and stacking areas shown on the
detailed plan must conform to the requirements of Appendix A,
Subdivision and Land Development Regulation, of the City of
Denton Code of Ordinances.
ALTERNATIVES
1. Approve petition
` 2. Approve petition with additional conditions
3. Deny petition
ATTACHMENTS
1. Location Map a
2. Concept Plan
3. Development Standards
4. Ordinance 74-31
S. Memorandum from Z-1859
b. Reply Form Totals
7. Mailing List
8. Minutes of October 26, 1988 Planning and Zoning Commission
meeting.
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Z-88-020 SAFETY-KLEEN
NORTH
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DEVELOPMENT STANDARDS
CONCEPT PLAN
2-88-020
1. Statement of Intent of Owner:
Expand current facilities--recycling industrial solvents
2. Statement Indicating Relation to Denton Development Guldet
Low Intensity Area
3. Total Number of Acres in Proposed District:
24.4 acres total
4. Land Uses and Total Number of Acres in Each Parcel or Tract:
Total Proposed Acreage
as Single family Detached
b. Single family Attached (townhouaee, cluster, etc.)
co Attached Patio/Garden/Zero Lot Line
d. Daplen
so multi-faintly II
f. Office
g. Neighborhood service
h. General Retail
E is Commercial
Light industrial
k. Heavy Industrial-
i. Other (specify) INDUSTRIAL 24.4
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• I;,,vnlui~ment 8tandeftls
Pays 2
5. off-Site Information - adjacent or surrounding land uses, toning, stteete,
drainage facilities, and other existing oc proposed improvements.
(Shown on concept or detailed plan.) E. boundary zoned industrials
W. boundary zoned industriall.S. boundary zones commercial retail)
N. boundary zones planned development proposed streets, packing lots,
66 Traffic and Transportation - indicate existing and r
loading areas, access points. (Shown on concept or detailed plan.)
Prujected Traffic Generation. (Based on traffic study, if required.)
7. Buildingst
a. Approximate location. (Shown on concept or detailed plan.)
b. maximum heights
/0 FEET
c. Minimum astbackel (Shown on concept or detailed plan.)
d. Maximum gross floor area (square feet) for nonresidentialt
65,182
8. Residential Subdivisions
of Number of units per acre (densityls
~V
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b, Number and location of lotst (Shown on concept'or detailed plan.)
e. Minimum sire, width and depth of lots) (Shown on concept or detailed plan,)
' d, 8inimum Icon t, side and ceec yard aetbaekrt (shown on concept or detailed plan,)
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Development Standards
Gage 3
9. Water and Drainage - approximate location of all existing or proposed creeks,
ponds, lakes, floodplains, other water retention or mayor drainage facilities
and improvements. (Shown on concept or detailed plan.)
10. Utilities - location of all major sewer, water or electrical lines and facilities.
(Shown on concept or detailed plan.)
11. Location of trees 3' in diameter - six (6) feet from ground level.
(Shown on concept or detailed plan.)
f 12. open space - location and sire of greenbelts, parks, common and recreational areas,
(Shown on concept or detailed plan.)
As shown on the conceot`plan arldit{nn^1 inform Finn F Fe
Drovfded on d Fa11Pd elan
O. Screening - location, type and also of all fences, berms or screening features,
(Shown on concept or detailed plan.)
To be shown on dpF-llpd plan
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11. Development Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rat* of
development. 1111 dates should indicate month and year.
To be deyeloDed ill r+has 8 PirAF floFallcd_plan fn o ubMittea
I~ 6/89 ~
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NO. r
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND AWACENT TO
THE CITY OF DENION, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF 3,362 ACRES LYI'IG AND BEING SITUATED Its TIIE
COUNTY OF DENM, STATE OF TEXAS AND SCMG IIi TILE N. FOPAEST SUR-
VEY, ABSTRACT NO. 417, DrNTON COUNTY, TEXAS, CLASSIFYING THE SAVE
AS PD' PLANNED DEVELOPf4NT DISTRICT PROPEP'M AND DECLA°INn Ali
EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a re-
gular meeting of the City Council of the City of Denton, Texas,
on the petition of SAFETY-RLEEN COPPORATIONI and
h IIHERSAS, an opportunity was afforded, at a public hearing
held for that purpose on June 4, 1974, for all interested per-
'G
Iona to state their views and present evidence bearing upon the
annexation provided by this ordinances and
WHER AS, this ordinance has been published in full at toast
one time in the official newspaper of the City of Denton, Texas,
prior to its affective date, and after the public hearings
NOW THEREFORE, TILE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY 6RIIAINSs•.
SECTION L
That the hereinafter described tract of land be, and the
same is hers' •%sxed to the City of Denton, Texas, and the same
is made hereby a part of amid City and the land and the present
and future inhabitants thereof shall be entitled to all the righte
and privileges of other citisens o4 said City and shall be bound
by the sets and ordinances of said City now in effect or which
may hereafter be enacted and the property situated therein shalt
be subject to and shall bear its pro-rata pert of the taxes levied
by the city. The tract of land hereby annexed is described is
follows, to-wits
All that certain lot, tract or parcel of land lying and
beingR situated in the County of Denton, State of Texas, No.
and
anidRbeing more particularly di Crib d~as follows
HECINNINO at a point in the existing city limits line,
raid point of beginninsi being the intersection of the
West boundary line of said H. Forrest Survey and the
south, right of way line of the Taxes IN Faoifie ►Ailroad
said joint atso ly%S in the east rtpht of way line of
hfsyhlll goads
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THENCE north 70' 08' 10" east along the south right of
wayy line of said Texas & Pacific Railroad, a distance of
579.33 feet to a point for a corner;
THENCE south Ol'32' west a distsaee of 504,83 feat to a
point for a corner;
THENCE north 89'26' 40" want a distance of 314,48 feet
to a point for a cornett _
THENCE south 0!'321 west a distance of 70.00 feet to a
point for a comer;
THENCE north 89.26' 40" west a distance of 225.00 feet
to a point for a corner in the exiettng city limits line
same 8tin the west boundary line of said M. Forrest Sur-
vey and a~so being the east right of way of Mayhill Roadj
THENCE north 01432' east along the existing city limits
line, easx being the west boundary line of said H. Forrest
Survey, and also being the east right of way line of May-
hill Road, a distance of 372.70 feet to the place of be-
ginning and containing 5.362 acres of land, more or lose.
SECTION it.
The above described property is hereby classified ae"PD"
Planned Dawlopment District and shall so appear on the official
toning map of the City of Denton, which map is hereby amended
accordingly,
SECTION III:
This ordinance shall be 0feetive immediately upon its pass-
age.
AND APPROVED this the G g day of ,
1974.
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CITY Or 6ENTOM, TEXAS
ATnaYy~
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CITY Of DEM7'CM, TEXAS
APPROVED AS TO UCAL rORMi
-ag
CITY Of DENTOA, TEXAS
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CITY of DENTON DENTON, TEXAS resot
MENORANDUM
Date: January 7, 1988
70: Planning and Zoning Commission
From: Cecile Carson, Urban Planner
Subject: 2.1859
On November 180 1987, the Planning and Zoning Commission tabled
a request for the creation of a planned developpment district on
6.58 acres located at the northeast corner of Mingo and Cooper Creek
roads. The Commission requested additional information concerning
Safety Xleen Corporation which had expressed opposition to the
zoning request.
Staff contacted Scott E. Fore, Vice-President of Safety Kleen
Corporation and requested information concerning the location of
the facility near (1) a residence, (2) a neighborhood, (3) a com-
mercial/retail establishment, (4) a restaurant, and/or (S) other
uses. Mr. Fore sent a letter stating that the city should use the
Texas Industrial waste Rules for a land treatment facility which
require residences to be 1,000 feet from a proposed facility. dow-
ever, as Mr. Fore states, no federal regulations exist on distance
from a facility such as Safety Kleen Corporation and a residence or
neighborhood. A copy of the letter is attached.
s
While Mr. Fore's comments are appreciated and valuable, staff
wonders how applicable they are to the site in question. he do
concur that a plant operating 24 hours does not provide the best
neighbor for a residential subdivistoni however, we feel that this
site, which is separated by Mingo Road, the T 4 P Railroad, and a
setback, would not be affected as negatively as an adjacent or
` abutting site to the facility.
Mark Elliot, in the Environmental Research Section at the North
Central Texas Council of Governments, savised staff that while
it may be logical for Safety Kleen Corporation to suggest the
1,000 foot setback, he feels that the safety question is not a
factor. Mr. Elliot stated that Safety Kleen Corporation is prob-
ably more concerned about nuisance calls.
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Memorandum
Z-109
Page 2
Office of Safety kleen Corporation provided mewith Kth
the Lenten en
location of their facilities s~lacateddingCnicago, Illinois;
Corporation, other recycling plants are
Elgin
California, ClHebron I ayton, Ohio; Lexi+,gton, South Carolina; Reedley, New I contacted Jerry Dearing, Planning Department of Elgin, Illinois,
who stated the city requires a l0u foot setback from a residential
district and an industrial use like Safety Kleen Corporation, and
when possible screening is required. Mr. Dearing stated that the
tnfor a at spill ground water. He
EPA had issued Illinois citations
site in Ellin, also stated that the Corporation uses two to force acres of a 70 acre
site and had requested toning for expansions which had not been con-
structed and that the recent requests were or had been extensively
reviewed by EPA. Hr. Dearing stated that the facility is located in
an industrial area, but scattered residences exist in the area.
In 1985s the facility located outside the boundaries of the Village
of Hebron, Ohio burned. The residents in the area were evacuated as
a precaution, the EPA makes inspections of the site. Ina plant was
According to the Union Township
operational again within six months.
Clerk, Patricia Shealy, recent zoning requests by the Corporation
have been denied because detailed information has not been submitted ,
for review. She stated that the facility is located in an industrial
istrator dfoit Is r the near staff thatftnhe toning ordi-
nance does contain provisions for separation of an industrial park
from a residence. he stated that there are residences across the
highway stout a quarter of a mile, 1100 feet or less, from the
industrial park,
After review of the materials provided and discussion with the
individuals indicated in this memorandum, staff concludes that the
land uses in the planned development as submitted are acceptable
uses for this site. The residential site is 440 feet from the ware-
house and over 600 feet from the tank fora. The office site is 2uu
with the
feet from the tamin tnefstaEfireport~mends approval
conditions as outlined
If you have any questions, 1 will be glad to address them.
I f , r• C1
a son
I (AC 110
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Attachment
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
IN FAVOR IN OPPOSITION UNDECIDED
Ken Hodge Paul L, Lubbers
215 Wolf Run Road Box 314
Lewisville, TX 75067 Denton, TX
Moody H. Davis
P. 0. Box 785
4 Mineola, TX 75773
I
J. C. Payne
Route 2, Box 497C
Denton, TX 76201
Tom D. Jester, Jr.
P. 0. Box 280
Denton, TX 76201
Raymond W. Booze
3511 E. University
Denton, TX
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P82 Minutes
Uctober 26, 1985
Page S
to live with. He added that once the building is there,
that It regains.
mr, Holt Moved to deny 2-88-OL6. Seconded by
Mr. Engelbrecht and unanimously carried (6,O) to deny.
B. Z-88-020. Consider making a recommendation an the
pet t on of Safety Xleen Corporation requesting an
amendment to planned Development-18 and approval of a
concept plan on 19.0704 acres which expands Planned
Development-18 to 24.4 acres. The property is located at
the southeast corner of Cooper Creek Road and the Texas
and Pacific Natlroad and Mingo Road, the propperty is
currently lofted agricultural and planned development
industrial and more fully described in the Moreau Forrest
Survey, Abstract No. 417. If approved, the property may
be used for industrial uses.
Thirty notices were mailed to property owners within 200
feet; six reply forms were received in favor and two were
received in opposition,
STAFF REPORI: Ms. Corson status that the property was
tone planned development on June 4, 1974.
Ms. Carson stated the property Is in a low intensity area
and the area Is 7 percent over the intensity standard for
the area based on current land use and 16 percent over
the intensity standard based on current zoning.
Ms. Corson sold that based on the City's policy of
proportionate share of Intensity, when intensity in an
area has already been eaceeded, then the yroposed land
use should be evaluated in re It nee to the (east in-
tense, most logical land use for the property in the area,
Ms. Corson stated that there are several public improve-
meets that must be addressed before construction on the
site. Ms. Corson added that the economic development
policy of the Develnpment Plan may be applicable. The
policy indicates that If the proposed use generates more
than S1 percent of the business outside the City of
Lepton then tt.e us+ may be considered under the policy.
According to the inforastion from Safety Xleen Corp, I
about 99 percent of the product will be directed or i
transported out of the city,
Mr. Holt mskea it landscaping would be required.
Ms. Carson stated that a landscaping plan would be
required with the detailed plan.
Mr. Mike Cochran asked what Ina product of the too any
was . Ms. Corson atated it was to .yclins dry cleoning and
similar materials and stated thrL the petitioners could
provide addltional Information.
PET1TIONERt Too Jester Jr„ (.0, box Zoo Denton, stated
e' was ispresenting Safety-r;een corporation, He stated
the addition would be for the employees of Safety-Aleen
to have o lunchroom and locker room and would also in-
clude a warehouse for the company. He start! that, the
expansion would create 70 - 50 new jobs for the city. He
added that the project would cost $IS million and would
be entirely sate to the surrounding neighborhood.
Ms. Morgan asked what the operation of the company was,
Mr, Glenn, lpplent a nager, stated that the company takes
waste order ttosreturn the hoiardmus wback to
the field for use, He stated that the company is hlsbly
regulated by the state and the exppansion would help tske
care of F-wssteo such AS paint thitheta and chlorinated
solvents,
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Uctober 20, ldtltl
Vage 6
Mr. Glasscock asked if the warehouse would bs used for
storage, Lr. Glenn said yes, just drum handling.
Mr. Glenn stated that all tanks are in concretes dikes in
contained areas that, if lied would not
and could be contained and put back into the tanks.
company dhasng
There oadingrand inspections unloading.eY He y added eight that hours the and also
lbeen in business since 1975.
Mr. Glasscock asked how many employees are currently
i the,
currently6anda4ouldXhopefully increaseato 100n f
addition is approved.
IN FAVURI Bill Holt, 1321 Amnurst Denton, stated that he
waf 1n far or of the expansion and felt that if the com-
pany had been there since 1975 then it was safe enough to
the continue. t amount b
next five years would be good lot thecity~ease over
OPPOSED: Joy Powell, Rt. 5 Box 174•A, stated that she
yes within the 200 toot requireaent and was not noti-
fied of the expansion until she read it in the paper.
She said she bought the property in 1968. One year ago,
the tunes from the company were so bad that She had to
she thenccalledrSifS4etyaKieentto findbouttwRit thehfumes
were from, She said that sixteen chtmicals and one ex-
kleen. Sheuasked theaCommissionetnodenyd2I88502ety•
Allan Lubers stated that he, it the case Is approved,
would I:ve directly behind Safety•kleen. He stated that
the fumes are bad, He added that they currently received
water from a well on this property and he was informed by
a representative of Safety kleen Corp. that the well
would be condemned. He stated that there was a split in
1982 that caused fish In the creek to die. She chemicals
are transported by trucks and railroad cars and if an
accident occurred or if lighting struck, the chemicals
would spill all over, water that the city recelves come,
Eros Lake Dulles, which the creek runs into. If another
stroyed, ti asked the Commissi n e to adeny the lcase,de-
Mr, Glenn stated that the company is currelntly using n lob
Chopp ly
three dWitt, Safety-n een,cststtdltha that the three chemicals
,
are t) Mineral Spirits, 2) Dry Gleaming Perthloren•
thiline, chemicals and recycled iandCsent eback Hto theirtusers.
Ms. Morgan asked if the chemicals were flammable.
Mr. Glenn stated that some were depending on the
temperature.
RECOMMENDATIONI Ms. Carson stated that in addition to
w st was g ven, the plant Is routinely inspected by the
City and cooedinated with Emergency Management as to the
toctsnoti4lcutlon lseEorepropertfe9 withinethehcityhe 200
limits.
stated Ms. Cotton that staff recommended approval
condition that the driveway locations and stacking
areas shown on the detailed plan must conform to the
requirements of Appendix A, Subdiriston and Land
Development Regulation, of the City of Denton Code of
Ordinances.
Mr. Aamman asked if staff was swore of any spills that
have occurred. Ms, Carson stated that staff was not
aware of any spills that have occurred. She stated that
i
P&Z Minutes
Uctober ib. 19Ss
Page 7
the staff has also provided the Commission with Infor-
mation in conjunction with an earlier zoning request.
I'he research indicates that there was a fire at one plant
that resulted in an evacuation.
AEBUIIAL: Mr. Jester Jr. stated Safety-kleen has nct had
an~Tl$ and there were no employees that were coo-
platning of breathing problems. He said that they have
not stated whether they would condemn the water will or
not.
Chair declared public hearing closed,
DECISION: Mr. Glasscock stated that he understood that
tTe expansion would be for just a warenouse and no
chemicals would be recycled in the new portion.
Mr. Glasscock moved to recommend approval of i•88-020
with the condition stated by staff. Seconded by
Mr. Engelbrecht and unanimously carried (6-0) for
approval.
IV. Consider making a recommendation of Article 17, Signs, of
lppendix b, Zoning, of the Code of Ordinances.
Mr. Holt moved to table the consideration of the etgn
ordinance until the November 9, 1988 meeting. Seconded by
Ms. Kiker and unanimously carried (6.0).
V. Consider an amendment to the Denton Development Plan to add a
note on the thoroughfare Plan about the widths and parking on
oak and hickory Streets,
SIAFF REPORts Mr. Robbins stated that the languo a in the
memo that was on the Commissioner's desks were di ferent from
what they received in their packets. He stated that, on the
new memo, deleted words were crossed out and additional words
were underlined.
Mr. Robbins stated that at the time that the packets were E
passed out to the Commissioner's, hR was no' aware of the
three travel lanes of traffic on part of Hickory Street, He
said that was the most substantial change from the dicument
that was in the Commissioner's packets.
Mr. Robbins said that staff was !econaending approval of the
amendment to protect the historic district alanP Oak and
Hickory Streets as well ■s other comes outside the district.
Mr. Clark added that the area was not affected by the CIP
project.
Mr. Robbins stated that to clarity Mr. Clark's statement, the
area between Welch Street and south Carroll Boulevard is not
pat of the construction activity in the City's CIP project,
he sold that it was in the area that the policy would apply.
the policy would apply to Hickory and Oak Streets between
Bonnie Brae and Carroll Boulevard.
Mr. Holt asked if this area of the street would not be paved,
Mr. Clark said that the only t affected by the CIP pro-
ject, In the historical district, is on Oak Street between
Carroll Boulevard and Watch Street. Hickory Street, bt•tween
Carroll Boulevard and Welch Street is not affected,
Mr. Glasscock asked if there was parking on both sides of Oak
Street. Mr. Clark sold that it varies with the location.
Mr, Holt anted what wider than the footprint was.
Mr. Robbins stated that If the policy is adopted, the
footprints would be wider where labeled 'wider'than the
existing footprint to accommodate what was said at an esrlirr
meeting.
Mr. Holt stated that the Commission's recommendation was to
kAor the otisttno footprint.
NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 17.1 ACRES OF LAND, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE FROM LIGHT
INDUSTRIAL (LI) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 1.9 ACRES OF LAND;
PROVIDING THAT THE 19 ACRES OF LAND HEREIN REZONED, LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF COOPER CREEK ROAD AND THE
TEXAS AND PACIFIC RAILROAD TRACKS, SHALL BE INCLUDED WITHIN AND BE
APPROVAL OFSAACONCEPT PLAN FOR THE 19 NO. 74-31; ACRES OF LANDDHEREIN
FORPART PD-181 AS
REZONED AND ADDED TO THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, by Ordinance No. 74-310 the City Council approved a
described development district PDP18);fand5.3 acres of land,
plsanned
WHEREAS, Safety-Kleen Corp. has applied for a change in zoning
for 17.1 acres of land from Agricultural (A) to Planned Development
zoning district classification and use designation and a change in
zoning for 1.9 acres of land dfrom istrict t ndu s r i l (LI) to d Planned
Development (PD) zoning clacation use
designation, such land to be included within and become a part of
PD-18; and
WHEREAS, the applicant is requesting the approval of a concept
plan for the 19 acres rezoned and to be added to the district; and
WHEREAS, on October 26, 1988, the Planning and Zoning
commission recommended approval of the requested changes in zoning
and the concept plan for the land rezoned; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 17.1 acres of land described as Tract 3A in
Exhibit "A", attached hereto and incorporated Planned Development (PD)
is hereby changed from Agricultural (A)
and use designation
zoning district classification cmpreh comprehensive zoning ordinance of the City of Dent n, Texas r the
p
U&TION II. That the zoning district classification and use
designation of the 1.9 acres of land described as Tract 2A in
Exhibit "A", attached hereto and Incorporated herein by reference,
is hereby changed from Light Industrial (LI) to Planned Development classific
d use comprehensiveizoning ordinanceaofothenCity ofeDenton, Texas. the
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SECTION III. That the 19.0 acres of land described in section
` I and II of this ordinance shall hereafter be included in and be
f1 a part of the planned development district established by Ordinance
No. 74-31 (PD-81), so that hereac"er the District shall include the _
24.4 acres of land described as Tract A in Exhibit "A", attached
hereto and incorporated herein by reference.
SECTION IV. That in accordance with article 11 of Appendix
B - Zoning of the Code of Ordinances, the Concept Plan described
as Exhibit "B", attached hereto and incorporated herein by
reference, is herein approved for the 19.0 acres of land added to
the District.
CTION V. That the Zoning Map of the city of Denton, Texas,
adopted the,l4th day of January, 1969, as an Appendix to the Code
of Ordinances of the City of Denton, Texas, under Ordinance No. 69-
1, as amended, is further amended to show the changes in the zoning
district classification and use designation for the properties
described in Section I and II of this ordinance.
SECTION VI. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY STEPHENS, MAYOR
!
ATTEST.,
JENNIFER WALTEIR.S, CI'T'Y SECRETARY
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
Z-88-020/Page 2
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TRACTt 1A JOB 424556 -
TOTAL PD-18 AFTER ZONING
` FIELD NOTES TO 24.4639 ACRES IN THE MOREAU FORREST SURVEY,
( ABSTRACT NO. 417, DENTON COUNTY, TEXAS.
4 ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU
FORREST SURVEY,. ABSTRACT N0. 417, DENTON COUNTY, TEXAS, BEING ALL
OF TRACT 1 AND PART OF TRACT II OF MARG-SAM SUBDIVISION IN THE
MOREAU FORREST SURVEY, RECORDED IN VOLUME 11, PAGE 25, PLAT
RECORDS OF DENTON COUNTY BEING ALL OF A (CALLED) 4.0 ACRE TRACT
DEEDED BY J.C. PAYNE, ET UX, TO SAFETY-XLEEN CORPORATION ON THE
24TH DAY OF JANUARY, 1979 AND RECORDED IN VOLUME 9341 PAGE 798,
DEED RECORDS OF DENTON COUNTYI BEING PART OF A (CALLED) 10.0 ACRE
TRACT DEEDED BY MARGSAM INVESTMENT COMPANY, INC. TO J.C. PAYNE ON
THE 27TH DAY OF FEBRUARY, 1962 AND RECORDED IN VOLUME 478, PAGE
469, DEED RECORDS OF DENTON COUNTY1 AND PART OF A (CALLED) 3.465
ACRE TRACT DEEDED BY MARGSAM INVESMENT COMPANY, INC. TO JAMES C.
PAYNE ON THE 4TH DAY OF PEBRUARY, 1965 AND RECORDED IN VOLUME
5221 PAGE 501, DEED RECORDS OF DENTON COUNTY, AND BEING MORN
FULLY DESCRIBED AS FOLLOWS1
BEGINNING AT THE NORTHWEST CORNER OF TRACT 1 OF SAID MARG-SAM
SUBDIVISION, AN IRON PIN IN THE EAST RIGHT-OF-WAY OF COOPER CREEK
ROAD AND THE SOUTH RIGHT-OF-WAY OF T&P RAILROAD AND IN THE WEST
BOUNDARY LINE OF SAID M. FORREST SURVEYI
THENCE NORTH 69 DEGREES 12 MINUTES 35 SECONDS EAST ALONG THE
NORTH BOUNDARY LINE OF SAID TRACT I AND SOUTH RIGBT-OY-WAY OF
SAID RAILROAD A DISTANCE OF 577.08 FEET TO AN IRON PINT
( THENCE SOUTH 00 DEGREES 37 MINUTES 05 SECONDS WEST ALONG THE EAST
BOUNDARY LINE OF SAID TPAZT I A DISTANCE OF 175.59 PEET TO A
POINT FOR CORNER IN THE SOUTHWEST RIGHT-OP-WAY OF AN EASEMENT TO
TMPA IN VOLUME 1181, PAGE 955, DEED RECORDS OF DENTON COUNTYP
THENCE SOUTH 38 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID
EASEMENT RIGHT-OF-WAY A DISTANCE OF 506.44 PERT TO A POINT FOR
( CORNER IN THE NORTH BOUNDARY LINE OF SAID 3.465 ACRE TRAM
THENCE NORTH 89 DEGREES 43 MINUTES 16 SECONDS EAST A DISTANCE OF
166.44 PEET TO A FENCE CORNER, THE NORTHEAST CORNER OF SAID 3.465
ACRE TRACT#
THENCE SOUTH 00 DEGREES 59 MINUTES 25 SECONDS WEST A DISTANCE OF
696.91 FEET TO A FENCE CORNER, THE EAST SOUTHEAST CORNER OF SAID
3.465 ACRE TRACTI
THENCE SOUTH 85 DEGREES 13 MINUTES 12 SECONDS WEST A DISTANCE OF
199.71 FEET TO A FENCE CORNER, AN ELL CORNER OF SAID 3.465 ACRE
TRAM
1 of 6
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PAGE 2 TRACT IA JOB 124556
THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST A DISTANCE OF
73.64 FEET TO A PENCE CORNER!
THENCE NORTH 87 DEGREES 07 MINUTES 37 SECONDS WEST A DISTANCE OF
316.43 FEET TO A FENCE ANGLE IN SAID 10.0 ACRE TRACT!
THENCE NORTH 67 DEGREES 35 MINUTES 23 SECONDS WEST A DISTANCE OF
386.19 FEET TO AN IRON PIN IN THE EAST RIGHT-OF-WAY OF COOPER
CREEK ROADT
THENCE NORTH 00 DEGREES 25 MINUTES 22 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 156.93 FEET TO A
FENCE CORNERf
THENCE NORTH 55 DEGREES 25 MINUTES 52 SECONDS WEST ALONG TEE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 143.45 FEET TO AN
IRON PINT
THENCE NORTH 00 DEGREES 51 MINUTES 31 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 297.63 FEET TO A
FENCE CORNERr THE SOUTHWEST CORNER OF SAID SAFETY-KLEEN 4.O ACRE
TRACT
THENCE NORTH 00 DEGREES 41 MINUTES 08 SECONDS EAST ALONG TEE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 213.90 FEET TO AN
IRON PINj THE NORTHWEST CORNER OF SAID 4.0 ACRE TRACT?
THENCE NORTH 00 DEGREES 54 MINUTES 55 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD PASSING AT 70.00 FEET THE
SOUTHWEST CORNER OF SAID TRACT I A TOTAL DISTANCE OF 372.36 FEET
TO TEE POINT-OF-BEGINNING AND CONTAINING 24.4439 ACRES OF LAND.
2 of 6
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TRACTt 2A
LI TO PD-18
FIELD NOTES TO 1.9314 ACRES IN THE MOREAU FORREST SURVEY,
ABSTRACT 417r DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU
FORREST SURVEY, ABSTRACT 417r DENTON COUNTY, TEXASr BEING A PART
OF A CERTAIN (CALLED) 90.4 ACRE TRACT II OF MARG-SAM SUBDIVISION
IN THE HOREAU FORREST SURVEY, RECORDED IN VOLUME llr PAGE 25r
PLAT RECORDS OF SAID COUNTY, AND BEING MORE FULLY DESCRIBED AS
FOLLOWSs
COMMENCING AT THE NORTHEAST CORNER OF TRACT 1 OF SAID MARG-SAM
SUBDIVISION1
THENCE SOUTH 00 DEGREES 37 MINUTES 05 SECONDS WEST ALONG THE EAST
BOUNDARY LING OF SAID TRACT 1 AND THE NORTHERN WEST BOUNDARY LINE
OF SAID TRACT II A DISTANCE OF 175.59 FEET TO A POINT IN THE
SOUTHWEST RIGHT-OF-WAY OF AN EASEMENT TO TMPA RECORDED IN VOLUME
1181, PAGE 955, DEED RECORDS AND AT THE POINT-OF-BEGINNING,
THENCE SOUTH 38 DEGREES 18 MINUTES 38 SECONDS EAST ALONG SAID
EASEMENT RIGHT-OF-WAY A DISTANCE OF 506.44 FEET TO A POINT IN THE
NORTH BOUNDARY LINE OF A CALLED 3.465 ACRE TRACT DEEDED BY
MARGSAM INVESTMENT CO.r INC.r TO J.C. PAYNE ON THE 4TH DAY OF
FEBRUARY, 1965 AND RECORDED IN VOLUME 522, PAGE 501, DEED RECORDS
OF DENTON COUNTY# TEXAS
THENCE SOUTH 89 DEGREES 43 MINUTES 16 SECONDS WEST PASSING AT
43.80 FEET THE NORTHEAST CORNER OF A CALLED 4.0 ACRE TRACT TO
SAFETY-RLEEN CORPORATION RECORDED IN VOLUME 9340 PAGE 798r DEED
RECORDS OF DENTON COUNTY, TEXAS, A TOTAL DISTANCE OF 612.9 FEET
TO THE SOUTHEAST CORNER OF MARY LEE ROAD AS DEDICATEDI
THENCE NORTH 00 DEGREES 45 MINUTES 17 SECONDS EAST A DISTANCE OF
70.00 PENT TO THE NORTHEAST CORNER OF SAID MARY LEE ROAD IN THE
SOUTH BOUNDARY LINE OF SAID TRACT I;
THENCE NORTH 89 DEGREES 40 MINUTES 25 SECONDS EAST A DISTANCE OF
294.48 FEET TO THE SOUTHEAST CORNER OF SAID TRACT I)
TRENCH NORTH 00 DEGREES 37 MINUTES 05 SECONDS EAST A DISTANCE OF
328.72 FEET TO THE POINT-OP-BEGINNING AND CONTAINING 1.9314 ACRES
OF LAND.
3 of 6
JOB 424556
TRACTS 3A
AG TO PD-18
FIELD NOTES TO 17.1390 ACRES IN THE MOREAU FORREST SURVEY,
ABSTRACT NO. 417v DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OP LAND SITUATED IN THE MOREAU
FORREST SURVEYp ABSTRACT NO. 417, DENTON COUNTYr TEXASF BEING ALL
OF A (CALLED) 4.0 ACRE TRACT DEEDED BY J.C. PAYNE4, ET UXj TO
SAFETY-KLEEN CORPORATION ON THE 24TH DAY OF JANUARY, 1979 AND
RECORDED IN VOLUME 9341 PAGE 798r DEED RECORDS OF DENTON COUNTY
BEING PART OF A (CALLED) 10.0 ACRE TRACT DEEDED BY MARGSAM
INVESTMENT COMPANY, INC. TO J.C. PAYNE ON THE 27TH DAY OF
FEBRUARYv 1962 AND RECORDED IN VOLUME 478, PAGE 469r DEED RECORDS
OP DENTON COUNTY) AND PART OF A (CALLED) 3.465 ACRE TRACT DEEDED
BY MARGSAM INVESMENT COMPANYi INC. TO JAMES C. PAYNE ON THE 4TH
DAY OF FEBRUARYt 1965 AND RECORDED IN VOLUME 5221 PAGE 501, DEED
RECORDS OF DENTON COUNTYp AND BEING MORE FULLY DESCRIBED AS
POLLOWSS
BEGINNING AT THE NORTHWEST CORNER OF SAID SAFETY-XLEEN 4.0 ACRE
TRACTr AN IRON PIN IN THE EAST RIGHT-OF-WAY OF COOPER CREEK ROAD
AND THE SOUTH RIGHT-OF-WAY OF MARY LEE ROAD
THENCE NORTH 89 DEGREES 43 MINUTES 16 SECONDS EAST PASSING AT
244.62 FEET THE SOUTHEAST CORNER OF MARY LEE ROAD AS DEDICATED,
PASSING AT 813.72 FEET THE NORTHEAST CORNER OF SAID 4.0 ACRE
TRACT AND THE NORTHWEST CORNER OF SAID PAYNE 3.465 ACRE TrAl'P,
AND CONTINUING A TOTAL DISTANCE OF 1023.96 FEET TO A FENCb
CORNERp THE NORTHEAST CORNER OF SAID 3.465 ACRE TRACTI
THENCE SOUTH 00 DEGREES 59 MINUTES 25 SECONDS WEST A DISTANCE OF
696.91 FEET TO A PENCE CORNERi THE EAST SOUTHEAST CORNER OF SAID
3.465 ACRE TRACT]
THENCE SOUTH 85 DEGREES 13 MINUTES 12 SECONDS WEST A DISTANCE OF
199.71 PERT TO A PENCE CORNER, AN ELL CORNER OF SAID 3.465 ACRE
TRACT
THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST A DISTANCE OF
73.64 PERT TO A FENCE CORNERI
THENCE NORTH 87 DEGREES 07 MINUTES 37 SECONDS WEST A DISTANCE OF
316.43 PEET TO A PENCE ANGLE IN SAID 10.0 ACRE TRACT?
THENCE NORTH 87 DEGREES 35 MINUTES 23 SECONDS WEST A DISTANCE OF
386.19 FEET TO AN IRON PIN IN THE EAST RIGHT-OF-WAY OF COOPER
CREEK ROADI
THENCE NORTH 00 DEGREES 25 MINUTES 22 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 156.93 FEET TO A
FENCE CORNER)
4 of 6
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PAGE 2 OF TRACT 3A JOB 924556
THENCE NORTH 55 DEGREES 25 MINUTES 52 SECONDS WEST ALONG THE EAST
f RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 143.45 FEET TO AN
IRON PIN$
THENCE NORTH 00 DEGREES 51 MINUTES 31 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 297.83 FEET TO A
PENCE CORNER# THE SOUTHWEST CORNER OF SAID SAFETY-KLEEN 4.0 ACRE
TRACT
THENCE NORTH 00 DEGREES 41 MINUTES 08 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 213.90 FEET TO
THE POINT-OP-BEGINNING AND CONTAINING 17.1390 ACRES OF LAND.
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TRACT) 4A JOB !24556
EXISTING PD-18
FIELD NOTES TO 5.3735 ACRES IN THE MOREAU FORREST SURVEY,
ABSTRACT NO. 417, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU
FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS, BEING ALL
OF TRACT 1 OF MARG-SAM SUBDIVISION IN THE MOREAU FORREST SURVEY,
RECORDED IN VOLUME 11, PAGE 25, PLAT RECORDS OF DENTON COUNTY?
AND ALL OF MARY LEE ROAD, AS DEDICATED IN VOLUME 11, PAGE 25,
PLAT RECORDS OF DENTON COUNTY, AND BEING MORE FULLY DESCRIBED AS
FOLLOWSi
BEGINNING AT THE NORTHWEST CORNER OF TRACT I OF SAID MARL-SAD:
SUBDIVISION, AN IRON PIN IN THE EAST RIGHT-OF-WAY OF COOPER CREEK
ROAD AND THE SOUTH RIGHT-OP-WAY OF TAP RAILROAD AND IN THE WEST
BOUNDARY LINE OF SAID M. FORREST SURVEY)
THENCE NORTH 69 DEGREES 12 MINUTES 35 SECONDS EAST ALONG THE
NORTH BOUNDARY LINE OF SAID TRACT I AND TOR SOUTH RIGHT-OF-WAY OF
SAID RAILROAD A DISTANCE OF 577.08 FEET TO AN IRON PIN)
THENCE SOUTH 00 DEGREES 37 MINUTES 05 SECONDS WEST A DISTANCE OF
504.31 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID TRACT
It
THENCE SOUTH 89 DEGREES 40 MINUTES 25 SECONDS WEST A DISTANCE OF
294.48 FEET TO THE NORTHEAST CORNER OF SAID MARY LEE ROAD?
THENCE SOUTH 00 DEGREES 45 MINUTES 17 SECONDS WEST A DISTAk'CS OF
70.00 FEET TO THE SOUTFEAST CORNER OF SAID MARY LEE ROAD)
TRENCH SOUTH 89 DEGREES 43 MINUTES 16 SECONDS WEST ALONG THE
SOUTH RIGHT-OP-WAY OF MARY LEE ROAD A DISTANCE OF 244,62 FEET TO
AN IRON PIN IN THE EAST RIGHT-OV-WAY OF COOPER CREEK ROAD AT THE
NORTHWEST CORNER OF A 4.0 ACRE TRACT TO FlkPETY-KLEEN CORPORATION
IN VOLUME 934, PAGE 798, DEED RECORDS?
THENCE NORTH 00 DEGREES 54 MINUTES 55 SECONDS EAST ALONG THE EAST
RIGHT-OF-WAY OF COOPER CREEK ROAD A DISTANCE OF 372.36 FEET TO
THE POINT-OF-BEGINNING AND CONTAINING 5.3735 ACRES OF LAND.
6 of 6
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EXHIBIT "B"
CONCEPT PLAN FOR PLANNED DEVELOPMENT-18, CONSISTING OF:
1. CONCEPT PLAN (1 page)p and
2. DEVELOPMENT STANDARDS (3 pages).
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{ 1rls. U LANG FRI SINrLT OMM1DRY SArtiv 1L1[N
• 1 ~~M \ 1.1 LAIm TO 81 ROIICNAIH FROM MR.jAM11 C. ►ATND
7.1 LJkMO TO H RORCNAfH FROM MR.J&MLL C. MrN! AND SOLD TO RKMCAN Slope %
1 wnrrwl "f{r,' \ OJ LAMC TO Be ROIICNEH07ROM SMIRICFM1101146
1 w 40411941a
40411941a
1 1.1 1111T01O MART LI1 ROAD TO 00 ASANOONLS 1T CIIT OF 01M7ON
000=0 rt• \ AND A0{RRCO fY SAFITT Mt11N
OOO D ~+SI+
f 0 0 0 Do* 044 ?
: 0 )
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a
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' - J nrrir~rm
~ rFi1vY 1.11 '
r Iru~- CFt+TON 511E I1.Ari
j _ U}t'rt'I1lrUIIr _ - _ SAFEIY•M EFN tuna
wYYM YwrfY liw.1. ~ r~.Y _
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DEVELOPMENT STANDARDS
CONCEPT PLAN
Z-88-020
Statement of Intent Of Owners
Expand current facilities--rec clip industrial solVents
2. Statement Indicating Relation to Denton Development Guidst
Low Intensity Area
3. Total Number of Acres in Proposed Diatrictt
24.4 a res total
1. Land Uses and Total Number of Acres in Each Parcel or Tracts
Total Proposed Acreage
A. Single Family Detached
b, Single family Attached (townhouses, cluster, ate.)
co Attached Patio/Garden/zero Lot Line
d. Duplex
e. Multi-Fatally E
to office
g. Neighborhood Service
t
h. General Retail
i. Commercial
Light zodustrial
k. Heavy Industrial
1. Other (opacity) INDUSTRIAL 24 _d
,o-volopment 6tanda(ds
Page 1
S. Off-Site information - adjacent or surrounding land uses, zoning, streets,
drainage facilities, and other existing or proposed improvements.
(Shown on concept or detailed plan.) E. boundary zoned industrial;
W. boundary zoned industrial; S. boundary zones commercial retail;
N. boundary zones planned development
6. Traffic and Transportation - indicate existing and proposed streets, parking lots,
lording areas, access points. (shown on concept or detailed plan.)
Projected Traffic Generation. (Based on traffic study, if required.)
N /A _
1. Buildings
a. Approximate location. (Shown on concept or detailed plan.)
b. Maximum heights
40 rM
c. Minimum setbacksi (Shown on concept or detailed plan.)
d. Maximum gross (loot ac t& (square feet) for nonresidentiols
6S,48Z
8. Residential Subdlvisiont
as Humber of units per acre Idensity)s
u/A
b. Number and location of lots (Shown on concept'or detailed plan,)
c. Minimum sire, width and depth of lotsi (Shown on concept or detailed plane) j
de Minimum front, side and rear yard setbacks (Shown on concept or detailed plan.)
i
Uevelopment Standards
Page 3
to Water and Dtainage approximate location of all existing or proposed creeks,
ponds, lakes, floodplaina, other water retention or major drainage faclll!Isa
and improvements. (Shown on concept or detailed plan.)
10. Utilities - location of all major sewer, water or electrical lines and facilities.
(Shown on concept or detailed pl,:.)
116 Location of trees 3' In diameter - six is) feet from ground level.
(Shown on concept or detailed plan.)
11. open space - location and six* of greerbelts, parks, common and recreational areas.
(Shown on concept or detailed plan.)
As h
provi-d-P An
13. Ivessning - location, type and size of all fences, betas or screening features.
(shown on concept or detailed plan.)
Tn ►~g chn4 -n 1 1 1:111owilo.3 n1An [;I
le. Development Schedule Iconcept plan? - showing specific e.te detailed plan will
be submitted, data to start construction and complete construction, and rate of
developaent. All data) should indicate month and year,
To be develop d in ohAman, Fires a r.
9 mien Fn 3. BLDmi fer9
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44+H-1 11
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Southridge Vlg, PIS
RECOMMENDATION;
The Tax Technician has determined that a tax refund should be Issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00.
Southridge Vlg. P/S requested a refund in the amount of $ 960.34 since
they erroneously made payment on account # 8907-00128.
BACKGROUND:
ou r ge Vlg. P/S made a payment of $ 960.34 on January 27, 1988,
because the Appraisal District put their name on this account in error.
The property is owned by Southridge Ltd. P/S and David Dunning. A tax
refund is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Southridge Ltd. P/S
FISCAL IMPACT:
$ 960.34
4RESFULL S TTE
acre j!
City Manager k
Prepared by:
amry a ":c Schneider ;
Title Tax Technician
Approved:
aVO Monte Merc r
Title Controller
2633C/3
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slant PmWtY to ewrd APPLICATION FOR TAX REFUND
NNundAPgkaeen 71.11{Uai)
Collecting Office Name f - f)r 7
Collecting Tax For, a art
t ax ng n to
~lrlA7fV yr I
T 7L aG/
Address _
City, State. Zip Code
in order to apply for a tax refund, the following Information must be provided by the taxpayer.
IDENTIFICATION PR¢PEATY OWNER:
Name: f p~
Address: on 7
Telephone Number (if additional Information Is needed): -
IDENTIFICATION OF PROPERTY. /I
Description of Property SOl/f~1t rdQr f~ ` ~ej AV C, Address or Location of Property.
-
Account Number of Property: -89e_z or r.. eec_i_t Number
INFORMATION ON PAYMENT OF TAXES:
Name of Tsxing Unit Year for Amount of
From Which Refund Which %fund Date of the Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requested
19 _ /19, S S
3. to / 19- t S
Taxpayer's reason for refund (attach supporting documentation): Zs'.gt y& r d ?~axr< ;A el-roe
r I
RUS P /Y'~aYa. e z ~ ~ y ~ er rl , +L .fJ J
61/ S~fs_%>/{yI~AP f~~fl' ~ifGl~ ~dYf~ ~I✓HCJf~'1G
"I hereby apply for the rotund of the above4eecrlbed taxN and certify that the Information I have given on this form
la true and ct
"
Signature
- _ - _ ^ _ - - - - - -
r---Date ofApDAcatlonf
or Tax Refund
DETERMINATION FOR TAX REFUND: Approval Dfsapproval
Signature of Authorized Officer Date
Signature of Presiding Offica(s) of Turing Date
Unit(s) for refund applications over 5500
Any person *he manes a False entry uy do the bregeing reseed shall be sub(sel to see of the Wmvin0 penaNbs, 1. Imprisonment of
not more than 10 yarn nor Iaa than 7 year andlw a Ins of net men than 1{.000 or be* such Ins and
impriwnmap 1. coMlnemsM In fall for a term up Is 1 year w a Ins net Is, exceed 11,000 at t»IA such Ins and Imiwianmsnl as W
forth In Section 31.10, Penal Code.
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TAX STATEMENT IiitUAND BECONEE OELIVQUENT City of Denton TaXDepartment
FEBRUARY lSl. SEE REVERSE 215 E. McKinney St,
SIDE FOR PENALTY AND INTER. Denton, Texas 76201
PROPERTY DESCRIPTION EST DETAILS, AXONE 5668318
SOUTHRIOGF VILLAGE SHOPPING CE ACCOUNT NUM6FR _ TAX YR.
NT R REP AT LOT ID• ACRES.b 8907-00129 1997 0542
LOCATION' ASSESSED EXEMPT TAXAELE VALUE
M R PI~iSY 1620000 162,000
W RVEYOR f"'1~ UKT. APPRAISED
TAK bUR
2 000 960..]4
RATIO PENALTY
00
TOTAL`
SOUTHRIOGEi LG P/S 128452
~
14001 DALLAS PKWY `
SUITE 1200
DALLAS TX7524
FOR RETURN RECEIPT,SEND BOTH STATEMENT PARTS WJTM SELF-ADDRESSED STAMPED ENVELOPE
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390700126 1988 THRU: 890700141 1987 13
IATI/ •/39fNNA11[
Y! YUI THU IALWI Ilk IAEE 12N
A000IMT
A!
Nil I" cat A F$."TE IAN pub ►M 111!1/ 1#1 pow AYE TT KM IYE" Ni01AlMMIE
~ l MSTL~ T'7jj~'SI TNNIIIIIt ppp~ -
1127 NO:31- .00 4,1II. 1,711.
_
30,175.00 • .00 !0,?75.x.
711 ,T Ki IJAI 31 27; ~:15 YIN//aM l9 111,111:31• :
1
1111 11, ! . 00
AKt1NIT TaTAI 3o:1S:~i
it ....._....1f. u..
IOOTNR:III l N TE/H '2 »Z U_.._..
S, 2 .1A 11I/ S,tA7ah •
S ~r t tIK • Nccom Tit 17,012;pppp
{1
«N ill.f~F............. .f1 YNMI/IM ~~~,r 1
y} M s ~1p1....«.......lld ...s.il7,~~lpp~......:pp.N»*:ocs. I,as . 1
!2 ,1 Al 1;tA0:11 ~ 1/:: 1,210:114• :00 10494 ~...0, .
ACCMNIT Ti17il 1 N4:
. •~,1~.Af T1/fI 3,155: ~ :00 ' N
~3I►► MM w~ppt~ 4 Actow k 3,1$3:
l.t,l.i. ~3• fMIMN01 _........,lR.....,,.a9Y..N..«~~u~~'~' •
7f /i too IM
VA. • ACC4IMT Ti Tall:
Illy.
' AAcc4Mrt TAL 131:pp
2l1
NN...««........ " .XMWA ..mu.....MqN»».&....
• '"ituwr Ti1'il~ n1
p a MIJ:IXI 11111 YIIIIIIII 1121 1311. '•1 1311.00
11 131.111 i
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MIL M A ..N.........
/107901 I~ 1l.11o M IN / ~~I:~ T"'I"' 11f1S t1►:32• 11,1:~ It/~
Act111NT Ta1Al 1H.
, 1MI139M..
low fe;* a
t01NT•IRAL 721:
HMO
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OEMKy A : ~f 1
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890700142 1988 THRU: 89,fl700156 1987
WIJ.
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09 1
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT., Approval of a tax refund to Southridge Vlg, PIS
RECOMMENDATION:
The Tax Tt-.hnician has determined that a tax refund should be issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00.
Southridge Vlg. P/S requested a refund in the amount of $ 5,223.46
since theyy erroneously made payment on account # 8907-00130.
BAf.KGROUND:
o r ge Vlg. P/S made a payment of $ 5,223.46 on January 27, 1968,
because the Appraisal District put their name on this account in error.
The property is owned by Southridge Ltd, P/S and David Dunning. A tax
refund is due.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Southridge Ltd, P/S
FISCAL IMPACT:
$ 5,2e3.46
c
RES*EUTED.
ore
City Manager !
Prepared by: 1
1
amN- a -Vic Schneider l
Title Tax Technician
Approved:
Name _ Monte Mercer
Title Controller
2633C/3
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&Slat* P N pMy ft Tsx sons
ne Appaween 71,110112) APPLICATION FOR TAX
RMu REFUND
Collecting Office Name 67011 - /
Collecting Tax For: C vt
I ax nq nib)
eg, / PC
n 7- 76 a p~
Address .r n 5
City, State, Zip Coda
in order to appit for a tax refund, the following Information must be provided by the taxpayer, _
IDENTIFICATION 0 PRO' ERTY OWNER:
Name: S' S
Address: D
Tetephone Number (if additional Information is needed/
IDF.NT,;'ICAVON OF PROPERTY:
Des triplio of Property: Sn ~i~~ , 0 1 i~~ 4r ~opr /rP„h„ P r,' f ~A
Address or Location of Property: S , ~r
Account Number of Property: _~jQt~7. Li0/T or Tax Receipt Number. _
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for
From Which Refund Which Refund Date of the Amount
Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid
Requested
1.QZ_aA 19 g7 196t' S.5 3,y6 s
2. 19 / 19 - S $
19 / 19- $ $
Taxpayer's reason for rotund (attach supporting documentation: 100 ✓er 7r,-/A dX~I /n ~rrr.r
~_'7'_7 ~/E Ir I'JArYJe Dr< / Pr n~i a~ 1
I hereby apply for the refund of the above-described taxes and certl that the Information I have given on this form
Is true and coC ct" f
Slgnatu Data of Application for Tax Refund
l
DETERMINATION FOR TAX REFUND: Approval Disapproval
Signature of Authorized Officer
Oats
i
Signature of Presiding Officer(s) of Text 0310
Unit(s) for refund applications over So
Any Perm who""$fateentryupontheforpoMq►eeordshah6/shhb)aalbensolq»toNowlMPerhallfea Imprlsenowtal
not more than 10 years net fees then t years and/or a One of not ,non than $1,000 at both such One end
Impfloame,,t: 2. confhnmeni In )ell for a loan up le 1 year or a One not loseceed StWill or both such Ins and lmptenmeM ea /al
forth In Section 77.10, Penal Cede,
etruhq 7111
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`AX STATC,JIENT YOUR TAXES ARE DUE OCTOBER
fu AND BECOME DEIINOUENT City of DmlortTax Department
FEBRUARY 11t, SEE REVERSE 215 E. McRinney St.
SIDE FOR PENALTY AND INTER. Denton, Tom76201
EST DETAILS. PHONE 5664318
►ROPIRTY 011:ICRIPTION
SOUTHRIOGE VILLAGE SHOPPING CE ACCOUNTN1ANCt' [TAX YIt. Y
8907-00130 1987 .592
LOCATION A11[IILO EKLMPT TAXAlLt VALUC
(810150
IUNVlY01! NKT. APPRAiltO TAX 009
8J3 I 1 150 5 223.46
RATIO PENALTY
.00
199 a
TOTAL
5.223.461
a 128461
SOUTHRIOGE VLO P 5
14001 DALLAS PKIIY-
SUITE 1200
DALLAS TX75240 J %,W
FOR RETURN RECEIPT, SEND BOTH STATEMENT PARTS WITH SELF-ADDRESSED STAMPED ENVELOPE
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890700128 1948 THRU: 890700141 1987 L 13
9An f JOIN TAX Ink m we AEA` W0,411, , KNAL AEcow 11[AA PAN NET TAX c A "T1 TAE Plus TAX VA TM PO e~rt ~atK~VA
„ pp ~~ppyI~1MAIN L N11I Pit 1 111,1p rNN>rsssi
JI p NYIMIm I~NUTH 1113 it
31 t~tr Owl ; I,rT/ p~ set"
~~~9QQp1~1,,I29 ..~»T...pq .«`«j.~.....»s....ym~.«»...»QQ.« ..LIN&
P~29 :+Ewlt.rblil.
p0►0p,21 {1 AVM SETA i0 TwNrwEl 30,273.% .00 w,tn.M
W
Now All. 1p
RIUMTKA RI:
7]..li»Wfi.~'1_I i 101.l1_............b .UI .._Wa l A- sttlOAr E,as. T
T1MNSSEI 0~
If10►>p13P s A11u1 tyPN1AA + t,AN.
1/22 1,210:ZN ;8 I,NS.-
KUM ' Accam T At
MOOR 'i dill:1192 A
Acc11NR T A< 11sai
11. a~pppp pppp
11. KtM1 T11A1 131:21
Ac;m "I
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LA~A, N C I . 1/29 1l1:~• ll.j~ 111•i1
P/ 1NLA MAL op HIM ""E'EEI 11119 Old. ,I9~ Kc/llNl Tilt ISO@
rN--;-M......................
;.~..1salerrw..
AC(OWI'T61AL ►21:
' N A TlsssErlAM ►12.A2 .00 142.42
A , .
: 9 A :
• .00 .00 .00
89 100142 1988 THRU: 84Il700156 1987
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2595L NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO IXECUTE AN AGREEMENT
NETWEEN THE CITY OF DENTON AND BRACEWELL & PATTERSON AND
WINSTEAD, McGUIRE, SECHREST & MINICK FOR LEGISLATIVE
REPRESENTATION AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor is authorized to execute an
agreemenT-T ween the City of Denton and Bracewell & Patterson
and Winctead, McGuire, Sechrest & Minick for professional
legislative representation, under the terms and conditions
contained in the agreement, a copy of which is attached hereto.
SECTION II. That the City Council hereby authorizes the
i expenditure o funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
Passed and Approved this the day of December, 1988.
ATTEST:
JENNIFER , I TY'SECRETW7
APPROVED AS TO LEGAL FORM:
DEEM A. DRAYOVITCH, CITY ATTORNEY
I ~ l
BY'.
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i FROM ERRCEWELL PFTTERSOH 11 16.19P1 10106
e
P. t
DRAFT
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December 16, 1988
City of Denton
216 East McKinney
Denton, Texas 76201
Rei Legislative Royresentation
II Dear Ladies and cantlomeni
This letter will outline the services that the firm Bracewell
& Patterson through Thomas A. Forbes and Winstead, Mcauire,
Sechrest & Minick through Charles we Evans will perform as
your reprosortatives before the Texas Legislature during its
71st Session. As we understand the disounsions and agreements
that we have reached, we will perform th% following duties for
the fees that are set out horoint
4 1. Bracewell & Patterson through Thomas A. Forbes ("Forbes")
' and Winstead, Mcauire, Sechrest & Minick throug.i Charles
We Evans ("Evans") will represent the City of Denton
("City") before the Texas Legisletture and the aovernoa
of the State of Texas relative to the issue of obtaining
an amendment to Article 4438f, V.A.T.B, concerning the
City's obligations to the health cars needs of the
indigent as a result of its previous ownership interest
in Flow Memorial hospital,
21 The parties hereto understand and agree that Forbes will
be responsible for the leadership of the effort set out i
in item above, and that Evans will perform his
services pursuant thereto.
3. The responsibilities of Forbes and Evans shall be
divided, generally, as followat
Its Forbes will be responsible for the representation
of the City in the Senate of the Texas Legislature.
r
FROM 9POCEWELL POTTERSON 12.16.14.119 18177 P. S
DRAFT
City of Denton
December 16, 1988
Page 2
I
b. Evans will be responsible for the representation of ~I
the City in the House of Representatives of the
Texas Legislature.
c. The specific duties of Forbes and Evans will be
determined by Forbes and Evans as the Session
progresses and needs dictate.
4. Forbes and Evans agree to coordinate their work through
the City Manager of the City. Forbes and Evans agree to
provide detailed monthly reports of their activities in
order to fully inform the City of the progress of its
legislative effort,
51 The City agrees to make its staff and members of its City
Council available at such times as may be necessary to
maximize its effectiveness in promoting the passage of
the legislation described in item 1, above, through
Communications with members of the Legislature, meetings
or testimony on the legislation,
66 it is understood and agreed that the fee for v, + services ;
set out herein, prior to the participation of any addi-
tional cities and any additional fee that may be required
as a result thereof, shall be $60,000, exclusive of '
expenses, This fee shall be divided between Forbes and
Evans,
7, The parties hereto agree that in the event the additional {
similarly situated cities agree to participate in this
legislative effort and in the event such participation
requires the expenditure of additional time, effort a1d
expense by Forbss and Evans an additional fee will be
charged, such additional foe shall be in an amount to
be agreed upon by the parties,
8, The foe sat out in item 9, above, shall be paid pro rata
on a monthly bases, beginning January 1, 1989 for a
period of twelve (12) months thereafter, suuh payments
shall be 85,000 per month, to be divided between
Bracewell and Evans and paid to them individually upon
their instruction to the City,
9. Exponsss incurred for long distance, photocopying,
postage, courier charges and such other reasonable out
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FROM 1RACEWEIW ►ATIERfON It. 1941 1115? ►
DRAFT
City of Donton
December 16, 1966
Page 3
Of pocket expanses shall be reimbursed upon receipt by
the City of an invoice. The party inolirring such
expenses shall bill the City directly.
10. Either the City, Bracewell or Evans may terminate this
` agreement and their participation therein at any time by
y (30) days notice in writing. in the event of
termination, the City shall then pay the other party to
the termination any unpaid portion of the prescribed fee
that may then be due and owing, which fee shall be
calculated by reducing the total fee pro rata by the
unelapsed term of this agreement.
If this accurately sets forth the substance of our understand-
ing, please so indicate by signing in the space provided and
returning an executed original to me and to the other party.
very truly yours, '
Bracewell i Patterson
Thomre A. Forbes
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AGREED!
CITY OF DENTON
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Authorl Representative
WINSTEAD# McQUIRE, SECHREST i MINICK
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By$
ar as , Evans
TAP\16986\8002
07090001. LTR
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DATE: December 13, 1988
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM= Lloyd V. Harrell, City Manager
SUBJECT: Adoption of an ordinance amending Section 4-10 of the City of
Denton Animal Control Ordinance relative to the required
distance between certain dwellings and the encloved spaces in
which livestock is kept,
RECOMMENDATIONt Staff recommends approval of the ordinance.
SUMMARYt
The ordinance amendment will eliminate the current distance requirement of
200 feet between livestock enclosures and the dwelling occupied by the livestock
owner but will maintain those requirements for dwellings occupied by others.
BACKGROUND:
Since the adoption of the Animal Control Ordinance, the City has not enforced the
distance requirements between livestock enclosures and the dwellings occupied by
the owner, A complaint recently surfaced involving this violation and the
Division was forced to take corrective action according to the letter of the
ordinance.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED=
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Animal Control Division.
Livestock Owners.
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FISCAL IMPACT:
None.
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Respectf submitted,
Lloyd Harrell
City Manager
Prepared byt
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8i 1 Angelo
Director of Community Services
Approved Dyt
Hill Angelo
Director of Community Services
lba12138893
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NO.
AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 4-10 OF THE
CODs" OF ORDINANCES OF THE CITY OF DENTON RELATING TO THE REQUIRED
DISTANCE BETWEEN CERTAIN DWELLINGS AND THE ENCLOSED SPACES IN
WHICH LIVESTOCK MAY BE KEPT; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF FIVE HUNDRED DOLLARS FOR VIOLATIONS THEREOF AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That sec. 4-10 of Chapter 4 (animals) of the Code
of Or nances of the City of Denton is hereby amended to read as
follows:
Sec. 4-10. Keeping of Certain Livestock.
I (a) HHo~ogg__s~.. It shall be unlawful for any person to
nationally or knowingly feed or keep any species
of swine in any lot, pen, building, stable or other
enclosure in the City, any part of which lot, pen,
building, stable or other enclosure is nearer tt.an
one thousand (1,000) feet to any building.
(b) Other Animals. It shall be unlawful for any person
to ntent one ly or knowingly feed, stable, pasture
or keep any cow, goat horse, mule, donkey or sheep
in any lot, pen, building, stable or other enclosure
in the City, any part of which lot, pen, building,
stable or other enclosure is within two hundred
(200) feet of any building which is not owned by
said person.
SECTION II. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
' under, shall be gui:ty of a misdemeanor punishable by a fine not
exceeding Five Hundred Dollars ($500.00). Each such person shall
be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION III. That this ordinance shall become effective
1 fourteen aye from the date of its passage, and the City
rr 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.
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PASED AND APPROVED this the day of 1988.
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RAY STEPHENS,-MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM!
DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY
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H! If H4441H a! HHH"! WHI H!
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON THE NORTH SIDE OF A PORTION OF HANOVER
STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT
TO FYCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. When signs are erected giving notice thereof, no
person shall park a vehicle at anytime upon the following street
or portion thereof, in the City of Denton, to-wit:
The north side of Hanover Street from its intersection
with Croydon Street to the exit point of the walkway
through Avondale Park for a total distance of 295 feet.
SECTION II. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or applica-
tion 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 of this ordinance,
and the City Council of the City of Denton, Texas, hereby
declares it would have enacted such remaining portions despite
any such invalidity.
SECTION 111. Any person who shall violate a provision of
this ordinance, or fails to comply therewith or with any of the j
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a
fine not exceeding Two Hundred Dollars ($200.00). Each such
person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION IV. That this ordinance shall become effective
fourteen eys 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.
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PASSED AND APPROVED this the day of 1988.
RAY STEPHENS, MAYOR
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ATTESTS
SECRETARY
JENNIFER WALTE7.9o CITY i
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
BY:
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CTSSC Memo
September 289 1968
page 3
S aiisst
the 14610fieetie" fsvksfd_ -anel-~4cb 14 -fir ire~.
ITEM OS ORDINANCE FOR A PEDESTRIAN LANE ON HANOVER STREFT:
The Woodrow Wilson Elementary School is requesting an
ordinance for a pedestrian lane on Hanover Street,
They say it would provide some safety for their
students who walk to schc,ol through the new walk,ray
on Avondele Park as they exit onto Hanover,
Staff feels this would be a good solution for the
potential hazards that exit on Hanover Street, The
length of the pedestrian lane will be 29S feet and
will only inconvenience two lots on Hanover Street by
removing curb parking, The owners of those lots are
in support of the proposed pedestrian lane.
Staff recommends approval for an ordinance
establishing an 8 foot pedestrian lane on the north
side of Hanover beginning from its intersection with
Croydon to the exit point of the walkway through
Avondale Park for a total distance of 29S feet,
EM 06 GENERAL BUSINESS,.,
a. Request by UNT for all-way stop controls on Welc
Street.
e University of North Texas is reque ng a
wa nt study for all-way stop control at the
inter ctions of Welch end Highland a Welch and
Chestnu .
Jay-walking o Welch Street is still very much
alive despite effort of he University in
fencing around king is In the area.
Vehicular traffic is lr dy too sloti on Welch
and the installation of 11-way stops will worsen
the situation, Ca cit of the street is
adversely affected when t fic is going so
slow. The ata would re mend that the
University inst I pedestrian sto nd•go signals
(only two or ass) on Welch Street h as these
being used Bell Avenue by TWU.
b. Cons1 ation of two-wayy traffic on th W.
Pra a Street, Avenue A, and Chestnut Str t
h seshoe on UNT campus:
The City has recommended to the university to
change the direction of travel on the horseshoe
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CTSSC MINUTES
October 3, 1988
page N 5
'm Norman, 2013 Parkside, came forward and spoke i
stopr ign was needd reuest. fie
he pointd methat a ntioned tbyep-wly
Howeve the study showed the majority of the ki at
the sou end of the street which gives a driv r the
opportunit to pick up speed as they come wn the
hill. Car ealerships use the street or
drives, school uses speed, and teenagers earningeto
drive are the cessive offenders. The houses are
front entry rgarag and residents ofte park on the
streets. It's diffi ult to see child n who dart in
I and out of the vehic es. If the " ildren at Play
Sign" is not somethin the comml ion will accept,
perhaps a 20 mph speed zo would a more effective.
Mike Amador asked what the rrent speed limit was.
Paul said that Is was 30 m .
Paul said staff would t recomme d 10 mph because it
would not meet warr ts. There s no schools or
centrally located ks within the i ediate area.
Michael Nasewi ony, 1824 Parkside, ca forward and
addressed t commission. He agree with the
three-way top signs but this would not eliminate
their p lem. He said he received a lot f' trash
from eeders as they turned at his corner on hurst
and arkside. The children have no sidewalks long
t street to walk or ride their bikes; there re,
ey have to use the street.
STAFF COMMENDATION: Approval of 3-way stop control at t e
Intersection of Parkside and Aubur
Drive.
C ISSIONERS: Mike Amador made a motion to accept staff
recommendation. John Erwin seconded the
motion, unanimously.
ITEM MS ORDINANCE FOR A PEDESTRIAN LANE ON HANOVER STREET:
Ib
Paul Iwuchukwu came before the commission to inform
them that a commissioner had just left the meeting
eliminating a quorum. Paul said that because of the
urgency of this ordinance, staff would recommend that
the remaining commissioners hear the request and
ballots be mailed to the rest of the commissioners
calling for a vote on the request.
Paul said that the Woodrow Wilson Elementary School
was requesting an ordinance for a pedestrian lane on
Har.over Street. The purpose is to provide some
safety for their students who walk to school through
the new walkway on Avondale Park as they exit onto
Hanover.
CTSS: MINUTES
October 3, 1988
pege 6
Staff feels this would be a good solution for the
potential hazards that exist on Hanover Street. The
length of the pedestrian lane will be 295 feet and
will only burden two lots cn Hanover Street by
removing curb parking. The owners of those lots are
in support of the proposed pedestrian lane.
Sue Nelle DeHart, Assistant Principal at Woodrow
Wilson Elementary School came forward to speak in
favor of the request. She thanked the commissioners
for listening to the request and agreeing to vote by
ballot.
Doug Chadwick asked if the property owners were in
favor of having the parking removed from the street.
his. DeHart said they did and had stated that they
would park in the school parking lot if needed in the
evenings.
STAFF RECOMMENDATION: Staff recommends approval for an
ordinance establishing an 8 foot
pedestrian lane on the north side of
Hanover beginning from its intersection
with Croydon to the exit point of the
walkway through Avondale Park for a
total distance of 295 feet and
prohibitting parking on the entire
length of the pedestrian lane.
COMMISSIONERS: Ballots received from 8 commissioners show 8
were in favor, none were against; therefore,
the recommendation passed unanimously. I
M 06 GENERAL BUSINESS:
i
Request by UNT for all-way stop controls on Wel
treet,
Paul d the University of North Tex requested
a warrant tudy for all-way stop rols at the
intersections Welch and High d and Welch and
Chestnut.
Jay-walking on Welc t is still very much
alive despite th effort the University in
fencing aro parking lots n the area.
Vehicular ffic is already too w on Welch
and th stallation of all-way stops 1 worsen
th situation. Capacity of the st t is
versely affected when traffic is going so
slow. The staff would recommend that t
University install pedestrian stop-and-go signals
(only two or less) on Welch Street such as those
being used on Bell Avenue by TWU.
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HAIJOVEC3 5T. SIKM PATH
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66.8200
MEMORANDUM
DATE: December 12, 1988
TO: Mayor Stephens and City Council
FROM: David Salmon, Engineering Associate 11
SUBJECT: Fee Ordinance for Parking Lot/Driveway Permits
On June 21, 1988, articles 4,01 through 4.06 of Chapter IV of
Article III of Appendix A of the Code of Ordinances was
amended. A portion of this amendment provides for the
establishment of parking lot standards and parking lot permits
to be issued.
On November 30, the Planning and Zoning Commission recommended
approval of the attached proposed fee ordinance for parking lot
and driveway permits.
The Building Inspections Division of Public Works will issue
the parking lot permit and the Engineering Division of Public
Works will provide construction inspection of parking lots. f
The fee schedule proposed in the ordinance is designed to
offset the cost of staff review time for parking lot plans and j
construction inspection.
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0601E 1
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NO.
AN ORDINANCE OF THE CITY OF DENTON* TEXAS, ESTABLISHING FEES FOR
THE PARKING LOT/DRIVEWAY PERMITS REQUIRED BY APPENDIX A OF ThA CODE
OF ORDINANCM AND PROVIDING FOR AN EFFECTIVE OATS.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION 1. That the fees for Parking Lot/Driveway Pot-mits,
requirr.d by Chapter IV, Division III ("Driveway and Parking Lot
requirements and Design Standards"), shall be as follows
Number of Parkins ~>?~J6 I:4S
1 to 50 $ 50.00
51 to 100 100.00
101 to 250 150.00
251 to 500 200.00
Over 500 250.00
f
SECTION II. That this ordinance shall become effective
immediately pon its passage and approval.
PASSIED AND APPROVED this the day of 1968.
RAY STEPHENS, MAYOR
ATTESTS
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JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORMS €
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BYs 1 0. PA '
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CITY*f DENWN, TEXAS MUNICIPAL BUILDING / OENTON, TEXAS 7d201 / TECfPNONf (d r7) 68d•d307
Olllce Of the C/fy Maneper
M E M O R A N D U M
` TO., Mayor and Members of the City Council
r FROM; Jennifer Walters, City Secretary
DATE:
December 16, 1988
SUBJECT: Back-up for Agenda Item f 5.E.
Back-up materials will be provided for this item at the Council
meeting,
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DATE:
QITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: FREESE & NICNOLS ENGINEERING SERVICES
RICOMMENDATIONt
It is the recommendation of the Airport Advisory Board and the
Airport Manager to approve the Freese & Nichols Engineering Firm to
prepare preapplicatlons for submittal to the F.A.A. for airport
improvement project funds for the Airport.
SUMMA.
This is a no cost contract for Freese & Nichols to prepare the
applications. If it is approved by the P.A.A., the P.A.A. will fund
90% of the costa and the contract will be given to Freese & Nichols
Engineering Firm.
@ CSI GROUND:
Every year we make applications and Freese & Nichols has the
expertise and experience that the Airport needs. They have also
been used for Airport services by the P.A.A. to survey needs of
Airports within the southwest region.
'r
PROGRAMS DIP RTMENTS OR GROUPS AFFECTED:
1
This agreement will not affect any other department or group.
FISCAL [MPAC'~t
There will be no coat to the General Fund.
Reepec lly eybm~t
Prepared by: hey Harrell j
City Manager
doe Thompson
Airport Manager '
Appro : I
Rick Bvehla
Deputy City Manager
2{ Bell
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CITY of DENTON, TEXAS MUNICIPAL BUILOlNO / DENTON, TEXAS 76201 / TELEPHONE (817) 568.8307
Office of the City Manager
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M E M O R A N D U M
TO: Lloyd V. Harrell, City Manager
FROM: Rick 5vehla, Deputy City Manager
DATE: December 16, 1988
SUBJECT: Contract with Freese and Nichols
We have been visiting for some time with Freese and Nichols
about a contract to apply for F.A.A. grants for the Airport.
This contract would have Freese and Nichols make all the
pre-applications free of charge to us. If the City accepted a
giant at some time from the F.A.A., we would use Freese and
Nichols for the engineering work,
As with the latest grants, an engineering firm must be approved
j by the F.A.A, to do the engineering work and then it is paid
for as tart of the grant monies at the 90/10 split just like
j the actual construction.
This kind of contract, which is F.A.A. approved, would allow us j
to save some time and effort in choosing a consultant each time
we get a grant. It would allow us to use Freese and Nichols on
a long term basis. I would also indicate that the contract
provides that we would negotiate rates and costs before Freese
and Nichols would be involved in any project. '
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If you or the Council has further questions, I would be happy
to try and answer them.
c e a J
Deputy City Manager
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Attachment }
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2607L
5F
NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGRELMENT
BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR
PROFESSIONAL ENGINEERING SERVICES AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement etween the City of Denton and Freese and Nichols, Inc.
improvementafounder en?ineering services
conditions contained iairport
agreement, a copy of which is attached hereto.
SECTION 11. That the City Council hereby authorizes the
expos cure o nds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective
imme steal y upon its passage and approval.
Passed and Approved this the day of December, 1988.
ATTEST.
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JENNIFER WALTERY-gTM SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY 1
BY: f7 ~1r11~!
AGREEMENT FOR ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF DENTON 11
This Agreement w-!
, entered into and executed this the
of , 1988, by and between City o en on'day
TEres, ere ne er ca e the 'OWNER" and Freese and Nichols, Inc., herein.
after called the 'ENGINEER' acting herein by and through Its representative,
duly authorized so to act for and in behalf of said
ENrINEERo
hereinTcontained,hthelpartiesdheretondof tuallyeanants gree asdfollowss,•nts
SECTION i
EMPLOYMENT OF ENGINEER
The OWNER agrees to "ploy the ENGINEER, and the ENGINEER agrtas to perform
professional engineering services in connection with the Project as stated
in the sections to follow, and for having rendered such services the OWNER
agrees to pay to the ENGINEER compensation as stated in the sections to
follow.
The Project shall include the following improvements to the Denton
Municipal Airport; 4
A. SCOPE OF AIRPORT IMPROVEMENTS
1, Road Access to South Manger Arte*
2. infield Drainage Improvements I
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3. Land Acquisition f
North Utility Runway OR Clear Zone - 13.5 Acres
North Runway 171. Clear Zone - 24.7 Acres
South Runway 359 Clear Zone - 31 Acres
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4. North Holding Ldron
5. Runway 35-R Extension 1000-ft.
6. Medium Intensity Runway Lights for Runway 35-R 1000-Ft.
Extension
7. Parallel Taxiway Extension and Holding Apron
8. Stub Taxiway to Southeast Industrial Area
9. Taxiway Lighting - Medium Intensity
10. Commercial Service Area Paving
11. FBO Paving*
12. Execution Jet Center Aircraft Parking
13. other assignments as authorized by the OWNER in writing.
*Improvements ineligible for AIP funding
SECTION II
PEP.IOD OT SERVICE
This Agreement shall become effective upon execution by the OWNER
and the ENGINEER and shall continue until the design and
construction of the airport improvements described in Paragraph I
and funded by the Federal Aviation Administration are completed.
However, it is expressly understood and agreed to between the
parties that ENGINEER shall not commence the services not forth in
Paragraph III Be,, C. and D., unless (i) tl;e rMeral Aviation
Administration has funded the' cost of cons',ructinq said
improvements and (ii) written authorisation to proceed from OWNER
.as been delivered to ENGINEER.
SECTION III.
BASIC SERVICES
The scope of basic services for the Study and Report Phase, Design
Phase and Construction Phase will be restricted to approved and
funded improvaments whether a capital Improvement Projaot or an AIP
improvement. Subsequent funded improvements will receive
engineering services when notification of allocation or funds are
received
The ENGINEER shall render the following professional services for
the development of the Projecti
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A. DEVELOP P FAPPLT_C TION
Prepare preapplication for submittal to the Federal Aviation
Administration for airport improvement and land acquisition
projects a;iglbl'P to receive Airport Improvement Program
Funds. The projects to be in the application are identiiiad
in the Scope of Airport improvements, paragraph I.A.
I 8. STUDY AND REPORT PgAs
After written notice from the OWNER to proceed the ENGINEER
shalli
1. Consult with OWNERI (1) to review the scope of work, (2)
to verify the OWNER's requirements for the Project, and
(3) to review available data.
2- Advise OWNER as to the necessity of OWNER's providing or
obtaining data or services from others, and assist the
OWNER in connection with any such services.
:i. Provide analysis of OWNER►s requirements for the project,
as verified in section III, Paragraph s.i., including
planning, surveys, site evaluations and comparative
studies of prospective sites and solutions.
40 Prepare a Report containing schematic layouts, sketches
to and indicate conceptual design
considerations aInvolvedte and ibthe le t alternative a ENGINEERs ifindings nand recomendations setting
opinions of probable construction costs for the Project#
which includes estimates of contingencies and allowances i
for charges of professionals and consultants. Allowances
for the cost of land and rights-of-way, compensation for
or damages to properties and interest and financing
Charges will be provided by the ONNU or others so
designated by the OWNER, all of which are hereafter
called MProject Costa*. The alternate solutions shall
be limited to not more than three,
so furnish four copies of the Report to the OWNER, present
and review the Report with the om=,
60 The OWNER will select a preferred alternative for each
airport improvement.
OWNER and ENGINEER agree that the services contemplated to be
performed by the ENGINEER cannot be defined sufficient) at AGRI bee undertaken undernthe to me at Meng aY ndmento services
Agreement executed by OWNER and ENGINEER. Such amendments
shall be approved by ordinance by the City Council.
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C. DESIGN PHASE
After written authorization, the ENGINEER shall provide profes-
sional services in this phase as follows:
1. Prepare detailed plans, specifications, contract documents,
designs, and layouts of improvements to be constructed
(surveys to be furnished in Additional Services, Section IV).
2. Provide the OWNER with advice, when requested, with respect
to the making of all subsurface investigations, including
borings, test pits, soil resistivity surveys, and other sub-
surface explorations; however, the making of such investiga-
tions and the interpretations of data and reports by special
consultants are not a part of the services to be rendered by
the ENGINEER, and the cost therefor shall be paid by the
OWNER.
The ENGINEER shall monitor and review the work of testing
laboratories and inspection bureaus required for the testing
or inspection of materials, witnessed tests, factory testing,
etc., for the Project, but the cost of such laboratory tests
or inspection shall be paid by the OWNER.
3. Furnish the OWNER when requested, the engineering date
necessary for applications for routine permits required by
local state and federal authorities. Preparation of
detailed applications and supporting documents for government
grants or for planning advances will be provided as
Additional Services.
4. Submit plans, specifications, and contract documents to the
applicable federal and state agency(s) for approval, where
required.
f
5. Furni►h such information necessary to utility companies whose
facilities may be effected or services ray be requirtd for
the Project.
6. Prepare revised opinion of probable construction cost, and
bidder's proposal forms (project quantities) of the improve-
ments to be constructed.
1. Furnish the OWNER six (6) sets of copies of plans, specifi-
bytthis6WNER. Uponrfpinallapproval by the OWNER, the ENGINEER
wi11 provide the OWNER forty (40) sets of copies of "Final"
plans, As directed by the OWNER, additional sets of plans,
specifications and bid documents as are necessary in the
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receipt of bids for construction and as are required in the
execution of the project, shall be furnished by the ENGINEER
and shall be paid for by the OWNER at actual cost of
reproduction.
CONSTRUCTION PHASE
Upon completion of the design services and approval of "final" plans
and specifications by the OWNER, the ENGINEER will proceed with
the performance of services in this phase as follows:
1. Assist the OWNER in securing bids, issuing notice to bidders
and notifying construction news publications. The notice to
bidders will be furnished to the OWNER for publication in the
local news media. The cost for publications shall be paid by
the OWNER$
2. Assist the OWNER in the opening, tabulation, and analysis of
the bids received and furnish recommendations on the award of
contracts or the appropriate actions to be taken by the,
OWNER,
3. Assist in the preparation of formal contract documents for
construction contracts.
4. Assist in conducting pre-construction conference(s) with the
Contractor(s), review construction schedules prepared by the
Contractor(s), and pre pare a proposed estimate of monthly
cash requirements of the project.
5. M
the ake one visit each month to the site (as distinguished from
ntonop observe theeprogrtss Resident
and the quality Represent-
ative) work and to
attempt to determine in general if the work is proceeding in
accordance with the contract docuementse In perforsmin these '
servicesg the ENGINEER will endeavor to protect the OWNER
against defects and deficiencies in the work of Contractors;
the ENGINEER will report any observed defects or deficiencies
inm M ately to the OWNER{ however, it is understood that the
iNGIN ER do" not arantee the Contractor's performance nor
responsible for supervision of the Contractor's
operation and amployeeae ENGINEER shall not be responsible
for the means, methods, tachnigws, sequencea or procedures
of Construction selected by Contractor or the safety pre-
cautions and pmrogrM incident to the wort of the Contractor.
ENGINEER shalt, not be responsible for the acts or omissions
of any person xcet his om employees and agend at the
ProPro or sit# performing any of the work of the
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6. Consult and advise with the OWNER during construction, make
recommendations to the OWNER regarding materials and work.
manship, And prepare change orders with OWNER's approval.
7. Review samples, catalog data, schedules, shop drawings, labo-
ratory, shop and mill tests of material and equipment and
other data pursuant to the General Conditions of the Con.
struction Contract.
A. Assist the OWNER in arranging for testing of materials and
laboratory control during constru:tion to be conducted at
the OWNER 's expense.
9. I
OWNER nterpret intent of the plans and specifications for the
studiesnrequested by(tNe Contractor(e)nand aapproved by dthe
OWNER, for substitutions of equipment and/or materials or
deviations from the plans and specificattons will be
considered an Additional Service.
10. Review and consent on monthly and final estimates for payment
to Contractor(s), pursuant to the General Conditions of the
Construction Contract.
11. Conduct in Cory with the OWNER'S representative, a final
inspection of the Project for confornKnce with the design
concept of the Project and general compliance with the con-
tract
review and cont
for on final payment certificate
to the
Contractor(s).
12. Revise the construction drawings in accordance with the In-
formation furnished by construction Contractor(s) reflecting
changes in the Project made during construction. Two sets of
prints of "Record Orawings' shall be provided by the ENGINEER
to the OWNEII.
SECTION IV
ADDITIONAL SERVICES
Additional Services to be performed by the ENGINEER, if authorized by the
OWNER which are not included in the above described basic services, art
described as foliowsi
A. Field Surveying required for the preparation of designs, drawings
and plans.
8. Field layouts or the furnishing of Construction line and grade
surveys.
-6.
C. Investigations involving detailed consideration of operation,
maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material +dits
or inventories required for certification of force account con-
struction performed by the OWNER.
O. Making necessary property, boundary and right-of-way surveys,
preparation of easement and deed descriptions, including title
search and examination of deed records; except there will be no
additional charge for surveying where the ENGINEER can prepare
center-line type descriptions for the procurement of easements
along pipeline routes developed from the design surveys for the
design of pipeline projects; however, additional surveys re-
quired to determine property corners and complete development of
descriptions for right-of-way easements will be considered an
Additional Service.
E. Prepare Airport Improvement Program application and supporting
documents for government grants, loans, or planning advances and
providing data for detailed applications.
F. Providing shop, mill, field or laboratory inspection of materials
and equipment.
0. Preparing any required Operation and Maintenance Manuals cr
conducting operator training and preparing Environsentol Impact
Assessments or Statements.
M. Appearing before regulatory agencies or courts as an expert wit-
ness In any litigation with third parties or condemnation proceed-
ings arising from the development or construction of the project,
including the preparation of engineering data end reports for
assistance to the OWNER.
i0 rurnishinq the services at a Resident Project
Ropresontativs to act as the OMNER's on-sits
repreisentative during the construction phase, if
requested by the ORNER. The Resident Project
Rspresentative will act as directed by the ENGINEER in
order to provide more extensive representation at the
project site during the Construction Phase. The duties
and responsibilities and the limitations on the authority
of the Resident Project Representative and assistants
will be determined by separate written agreement to be
attached as an amendment to this Agreement. As sat forth
in section iii, D.s., the ENGINEIR does not guarantee the
contractor's performance nor is he responsible for
supervision of the contractor's operation and es loyees.
If the INGINEER is requested to visit the sits more
frequently than one (1) visit each month as set forth in
section 111, Paragraph V.S. the requested visits shall
be considered as an Additional service and the ENGINEER
shall be entitled to additional cospensation.
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requested visits shall be considered as an Additional Service and
the ENGINEER shall be entitled to additional compensation.
Through more extensive on-site observations of the work in pro-
Project and
Representative and assistants,~dtheUENGINEERyshallRendeavor
to provide further protection for OWNER against defects and defi-
ciencies in the work, but the furnishing of such Resident Project
Representation will not make ENGINEER responsible for construction
means, methods, techniques, sequences or procedures or for safety
precautions or pro rams or for Contractor's failure to perform the
construction work in accordance with the Contract Documents.
.1. Assisting the OWNER in claims disputes with Contractor(s).
K. Performing investigations, studies and analyses of substitutions
of equipment and/or materials or deviations from the plans and
specifications.
L. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agr"mant. Such services. if any, shall be
furnished by ENGINEER on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
M. Preparing detailed Plans and Specifications for Trench Safety
Systems.
SECTION V
RESPONSIBILITIES Of OWNER
OWNER hall do the following in a timely manner so as not to delay the
servic,. of ENGINEER:
A. Designate in writing a ,
with respect to thessrvi esn to becrendredEunder this Ag Cements
Such person shall have contract authority to transmit inatruc-
Ana dec receive ithorit~totonENGINEER'sdservi es foirR'thepolicies
.
B. Provide all criteria and full Information
vents for the Project, including desigobjective;nd:coAquire-
straints, space, capacity and performance requireauntso flex(-
bility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which
OWNER will require to be included in the Drawings and Specifics.
tions.
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C, Assist ENGINEER by placing at ERrIyEER's disposal all available
and any otheredataerelativeeto N,signiorlconstructionuofrtherts
Project.
O. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Agreement.
Eo Examine 411 studies, rep
advice of an atto and orts, sketches, drawings, speciffca-
tionsi proposals er documents presented by ENGINEER, obtain
advic rney, ot h insurance counselor and other consultants
as OWNER deems appropriate for such examination end render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER.
F. Furnish approvals and permits from all governmental authorities
having jurisdiction over the project and such approvals and
consents from others as may be necessary for completion of the
Project.
G- The OWNER shall make or arrart
investigations, including butgnot Hilted ~p all subsurface
soil resistivity surveys, and other msuhturface ired to b e ' test pits.
OWNER shall also make or arran to have made the interproytations
of data and reports resulting Fromm such investig
associated with such investigations ations. All costs
shall be paid iO the OWNER.
N.
ante provide counselsuching accounting, independent cost estimating and insur.
services as may be required for the projects such
lequegalestservwitices as OWNER may require or ENGINEER may
rh regard to legal issues of reasonably
including any that may be raised by Contractor{sl,tsuch auditing
service as OWNER my require to ascertafn how or for what purpose
any Contractor has used the MOMys paid under the construction
contract, and such insppeeeetion services as OWNER ~ requi w to
regulation,hordinsr4f, cr04 or ordeerapplfcable to their furule
ing and perforating the work. sh-
rni
I• The OWNER shall deter"Ine, prior to receipt of construction bid,
If the ENGINEER is to furnish Resident Project Representative
service so the Bidders can be informed.
J. If OWNER desfgnotes a person to
r'e presant O R.at the site who f
not the ENGINEER or ENGINES
sponsibilftfes and limitations ~ns of authoriItdr of such othheerfes, re-s
and the affect thereof on the duties and reapnsibilities of Engf.
near and the Resident Project Representative ?Ind any assistants)
will be set forth fn OR attachment that is to be identified,
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attached to and made a part of this Agreement before such services
begin.
K. Attend the pre-bid conference, hid opening, pre-construction
conferences, construction progress and other Job related iMetings
and substantial completion inspections and final payment inspec-
tions.
L. Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
or timing of ENGINEER's services, or any defect or nonconformance
of the work-of any Contractor.
M. Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in Section IV of this Agreement or other services as
required.
N. Rear all costs incident to compliance with the requirt+eents of
this Section Y.
SECTION VI
COMPENSATION
A. AIP PREAPPLICATION:
Oevelopment of the prapplfcation for airport improv*wnts identi,
fled in Section I.A as eligible for Alp funding will be at
no cost to the OWNER,
R. BASIC-` SERVICES
When identifiable airport Imp rovemaents are deterIned, the OWNER
work£defined inlSeci9tion Ipon whIchAwif be made a fee for the
Agreement by means of an a+aendmaent executed by thpart NER ends
ENGINEER. Any applicable new taxes imposed upon
expenses, and Cho to by any governmental b services.
of this contract wi11 be added a$ neeessaryto after NGINEER execution
C=r(OSatioR. Progress POYWAts may be requested by the ENGINEER
bated an the percent Complete. Requests for progress paymnts
will not be more frequent than monthly,
C. ADDITIONAL SERVICESs
I. For Resident Representation and Inspection During Construc-
tion and Construction Layout
40•
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For the resident representation during construction and
construction layout (Section IV 09 the ENGINEER shall be
paid based on the Schedule of Charges shown in Attachment A.
Payment for resident project representation and construction
layout shall be due and payable upon submission of statements
by the EN11NEER. Statements shall not be submitted more
frequently than monthly.
2. For Other Additional Serviceii
For Additional Services in Section IV except resident
representation, the ENGINEER shall be paid based on the
Schedule of Charges shown in Attachment A. Payments for
Additional Services shall be due and payable upon submission
by the ENGINEER. Statements shall not be submitted more
frequently than monthly.
if OWNER fails to make any paym*nt d,e ENGINEER for !,ervices and
expenses within thirty days after r*L*lpt of ENGiNEEA's statement
therefore, the amounts due ENGINEER will be increased at the rate
of IS per month from said thirtieth day, and in adhitionI ENGINEER
may, after giving seven days' written notice to OWNER, suspend
services under this Agreement until ENGINEER has been paid in -ill
all amounts due for services, expenses and charges.
SECTION VII
TIME OF COMPLETION
i OWNER and ENGINEER agree that the time of completion cannot be defined at
the time of *xeeutlon of this contract and shall be made a part of this
Agreement by means of an amsmdwmt executed by the OWNER and ENGINEER.
SECTION VIII
OPINION OF PROBABLE CONSTRUCTION COST I
The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
M studies eco"mic analyses of alternate solutions and utilitarian con.
siderations of oftratioos and maintenaocs cost ?repared by ENGINEER
hereunder will be made or the basis of ENGINEER s experience and
qualifications and repec ert LNOINEEA's best judgV *nt as an experienced
and qualified design professional. It is recognized however, that ENGINEER
L does not have contmi over z)* cost of labor, material, equipment or
I services furnished by others or over aarket conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
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any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of Its detailed
design. Accordingly, ENGINEER does not guarantee that proposals, rids or
by actual ENGINEER costs to will
frcm, opinfons, evaluations or studies submitted
04NER not vary hereundeer,
SECTION IX
REVISION To PLANS AND SPECIFICATIONS
The OWNER reserves the right to direct substantial revision of the
Plans and Specifications after approval by the owner as OWNER may
deem necessary, but in such a'fent "he OWNER shall pay to the
ENGINEER just and equitable compensation fnr services rendered in
making such revisions unless such revisions are necessary due to
ENGINEER's lack of diligence or care.
SECTIOM X
OBSERVATION AND REVIEW OF THE WORK .
The ENGINEER will endeavor to protect the OWNER against defects and de.
ffefencies in the work of Contractors, by observation all the work es it
progresses, by interpretation of the plans, specificr.tions and otter
contract documents to and with the Contractors, by the disapproval of
defective work as nNy be observed and the issuance of stop-orders from the
OWNER with respect to defective material and workman~hio when they are
observed, and the ENGINEER will exercise due diligence to assist tht OWNER
in requiring that the work be done in accordance with plans and specifi-
a tionsl but the Contractor will remain independent contractor, with
the OWNER and tht ENGINEER does not guarantee the performance of such
construction contracts. As set forth in Section III, 0.5 and Section IV,i,
ENGINEER shall not be responsible for the means, methods, techniques,
sequences, or procedures of construction selected by the Contractor, or the
safety precautions and pro rams incident to the work of the Contractor.
Also the ENGINEER shall no„ be responsible for the acts or omissions of any
person except his own employees and a ants at the project site or othervIss
performing any of the wont at the protect,
SECTION X1
OWNERSHIP Of DOCUMENTS
All documents pr+pared or furnished by ENGINEER fend ENGiNEER's independent
associates and consultants) pursuant to 14.01 Agreement are instruments of
service and ENGINEER shall retain an ownership and
In. OWNER may make and retain copies for Information ndrtreference; hor!-
rouse bycOWN R oorrnothers,noAnyinMuseby OWUR without writtenive~ification
or adaptation by ENGINEER x111 be at OWNER's sole risk and without
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liability or legal exposure to ENGINEER, or to ENGINEER's independent
associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent associates and consultants from all
claims, damages, losses and expenses including attorneys' fees arising out
of or resulting therefrom. Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed upon by
(YiNER and ENGINEER.
SECTION XII
INDEMNITY AGREEMENT
ENGINEER shall indemnify and save harmless the OWNER and its officers,
agents, and employees from the liability of the OWNER on account of any
injuries or damages received or sustained by any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
ENGINEER or its officers, agents, or employees in the execution,
operation, or performance of this Agreement.
In the ovent of liability tram suits, actions or claims arising out of or
occasioned by the negligence of both the ENGINEER and the OWNER, their
agents or employees, in the performance of this Agqreasent, each party
shall contribute toward the satisfaction of the liability its propor-
tionate share, which share shall be equal to the percentage of negligence
attributable to the party.
SECTION XIII
AR8ITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval.
i
SICi'ION XIV
TUMNATION OF CONTRACT
The obligation to provide services under this Aqreement may be
terminated by either party upon thirty days' written notice in the
event of substantial failure by the other party to perform in
accordance with the terms thereof through no fault of the
terminating party. In the event of any termination* INGINM will
be paid for all services properly rendered and reimbursable
• enses incurred to the date of termination and, in addition, all
reimbursable expenses directly attributable to termination.
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SECTION xY
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER
are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINESK shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
become due or moneys that are duel this Agreement without the written
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge
the assignor from any duty or re,;:,1s1b111ty under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent assoclotes and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder.
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agre4eent well be
,for the sole and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party.
tit
This Agreement (consisting of pages I to 44 inclusive) constitutes the
entire Agre"%nt between OWNER and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
supplemented, modified or cancelled by a duly e,tecuted written instrument.
SECTION XVI
The following Attachments are attached-to and made a part of this Agreement:
Attachment Al schedule of charges
Thin contract is executed in tvo counterparts.
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IN TESTIMONY HEREOF, they have executed this Agreement, the day
of 1468.
ATTEST: CITY OF DENTON
Owner
6y:
ATTEST: FREESE AND NICHOLS, 14C.
Engineer
, l
By:
1 r
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TIG S T FORD.
' I
Cfi`f OF OgiTON, TE%A3
9Y: !
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s
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AvAcH AAewr A
SCHEME OF CHARGES
SPECIAL SERVICES
Staff Members Salary Cost Times Multiplier of 2.3
es en aprosantation Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen,
stenographers, surveymen, clerkso laborers, ate., for time directly
chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement' benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and holiday par
applicable thereto. (Salary Cost is equal to 1.41365 times payroll. This
factor is adjusted annually.)
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall Include printing and reproduction expense,
:omsunicstfon expense, travel, transportation and subsistence away from
Fort North and other miscellaneous expenses directly related to the worts
Including costs of laboratory analysis, tests, and other wxrk required to
be done by independent persons or agents other than staff cambers.
14 -16-
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DATE:
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
PROM: Lloyd V. Harrell, City Manager
SUBJECT: PRIVATE LEASE AGRERMRNT FOR BERT E. AND/OR MARY L. MAHON
RECOMMENDATION:
It is the recosmendation of the Airport Advisory Board to approve
the Airport Lease Agreement by and between the City of Denton and
Bert E. and/or Mary L. Mahon.
SUMMARY:
This is a standard Airport Lease for 0.6171 acres of land located on
the north end of the Airport. Detailed plans for the hangar and
premises will be presented to the Council at a later date.
BACKGROUND:
PROGRAMS, DEPARTMENTS GR CROUPS AFFECTED:
This Airport Lease will not affect any ether department or group.
PISCAL IMPACT:
There will be no cost to the General Fund. This lease will increase
Airport revenues by $2,150.4 B per year.
Respec lly submitt d:
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Prepared
1
727 by:
Joe Thompson
Airport Manager
Appr *Svehla
R ck Deputy City Manager
2413s/2
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 /TELEPHONE {817} 588.8307
Office 01 the City Manager
ME1'0RANDUNI
70; Lloyd V. harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
f DATE: December 16, 1988
SUBJECT: Burt Mahon Lease
The last several montt;, we have been negotiating with a number
of people at the Airport, This is just one fruits naof this
negotiations that are going on -iith piece of the north
time. This lease provides for leasing a p
part of the Airport to Burt Mahon for the construction of
hangers.
The lease is at the going rate as expressed by the Master
j Plan. The Airport Board has discussed this lease at a number
of their document per meetings, n direction. chTheeS Bohave ard l`Ien made to the
approval of the lease.
If you or the Council has further questions, I w1juld be happy
to try and answer them.
II
4vea
Deputy City Manager
RS:bw
4355M
k Att3chment
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Y
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2593L
ORDINANCE NO.
AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF DENTON AND
BERT E. MAHON AND MARY L. MAHON FOR PROPERTY LOCATED AT THE CITY
OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has certain vacant property
located at the Denton Municipal Airport, Denton, Texas; and
WHEREAS, the City of Denton desires to lease the property for
constructing and maintaining an aircraft storage hangar and
associated facilities thereon; and
WHEREAS, Bert E. Mahon and Mary L. Mahon desire to lease the
land at the airport on the terms continued in the attached lease;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the lease of airport property to
Bert Mahon and Mary L. Mahon in accordance with the terms of
the attached lease and the City Manager is authorized to execute
the lease on behalf of the city.
SECTION II. That this ordinance shall become effective
imme ate y upon its passage and approval.
1 Passed and Approved this the day of December, 1988.
i
RAY STEPHEN S, 14AYOR
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ATTEST:
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JENNIFER WALTER S, CITY SECRZTW
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BY:
rsn L11N~~
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AIRPORT LEASE BETWEEN THE
CITY OF DENTON AND BERT E. MAHON AND MARY L. MAtHON
This agreement, hereinafter referred to as "Lease" is made and
executed this day of IF 1998, at Denton, Texas,
by and between the CITY OF DENTON, a municipal corporation of the
State of Texas, hereinafter referred to as "Lessor", and BERT E.
MAHON AND MARY L. MAHON, husband and wife, having their residence
at 1803 Concord Lane, Denton, Texas, hereinafter referred to as
"Lessee".
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Denton
Municipal Airport ("Airport") in the City of Denton, County of
Denton, State of Texas; and
WHEREAS, Lessee desires to lease land on the Airport and
construct and maintain an aircraft storage hangar and associated
facilities thereon;
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained in this Lease, the parties agree as
follows:
I. CONDITIONS OF LEASE
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH C OF THIS SECTION SHALL BE
BINDING.
A. Non-Discrimination. The Lessee, for itself, its personal
representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
(1) 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.
(2) The Lessee, shall use the Premises incompliance with all
requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally Assisted Programs of the
MAHON LEASE/Page 1
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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
covenants, Lessor shall have the right to terminate the Lease and
to reenter and repossess said land and the facilities thereon, and
hold the same as if said Lease had never been n.ade or issued. This
provision does not become effective until the procedures of 49 CFR
Part 21, as amended, rigare ht followed and completed, including the
expiration of appeal
8. vubl{ Areas.
sees improve fit,
ofg theoAi further port develiop or
(i) the landing reserves the
regardless of the without interfere desires hindrance. of the Lessee, and
and successors and
a right of
(2) for the rueserves unto
flight for the passage of aircraft above the surface of
the Premises described herein, together with the right
t -&use in said ace ch noise as may be i
in the operation ofiaircraft now known or hereafterlused,
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 Airport.
(3) Lessor shall be obligated to maintain and keep in repair
all Airport
activities of Lessee h in right
the landing area e control the
to direct this
regard.
(4) During time of war or national emergency, Lessor shall
have the right to lease the land`.ng area or any part
thereof to the United States Government for military or
naval use, and, if such lease is executed, the provisions
instrument of this the provisions of he lease to the Goveramento shallibe '
suspended.
(5) Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the Airport
against obstruction, cogether with the right to prevent
Lessee from erecting, or permitting to be erected, any
building or other structure on or adjacent to the Airport
which, in the opinion of the Lessor, would limit the
hazard usefulness to airor safe of the Airrt or craft tr to aircraft navigation constitute a
ha
MAHON LEASE/Page 2
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(6) This Lease shall be subordinate to the provisions of any
existing or future agreement between Lessor and the
United States or agency thereof, relative to the
operation or maintenance of the Airport.
II. LEASED PREMISES
Lessor, for and in consideration of the covenants and
agreements herein contained to be kept by Lessee, does lease to
Lessee, and Lessee does hereby lease from Lessor the tract of land
as shown in Attachment "A", attached hereto and incorporated herein
by reference, described as follows:
All that certain tract or parcel of land situated in the
Thomas Toby Survey, Abstract Number 1285, Denton County,
Texas, and being part of a tract shown by deed to City
of Denton, recorded in Volume 304, Page 503, Deed Records
of Denton County, Texas, and being more particularly
described as follows:
I BEGINNING at a set half-inch rebar at a point north 138
39' 31" east 229.68 feet from a concrete monument marked
DTO-B-19791
THENCE north 11 33' 09" eae+t a distance of 180.0 feet to
a point for corners
THENCE south 881 14' 51 eaut a distance of 110.74 feet
to a point for corner;
THENCE south 214 45' 54" east a distance of 195.52 feet
to a set half-inch rebar for corner;
THENCE north 881 33' 54" west a distance of 188.24 feet
to the Point of Beginning and containing 0.6171 acres of
land (or 26,881.03 square feet).
For the purposes of this Lease, the term "Premises'$ shall mean
I the property located within the land described above.
III. TERM
The term of this Lease shall be for a period of twenty-five
(25) years, commencing on the let day of January 1, 1989, and
continuing through the 31st day of December, 2014, unless earlier
terminated under the provisions of this Lease. Lessee shall have
the right and option to extend the term of this Lease for two
additional five (5) year terms after the expiration of the initial
twenty-five (25) year term. Should Lessee desire to exercise
MAHON LEASE/Page 3
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either such option, Lessee shall give written notice thereof to
Lessor at least one hundred eighty (180) days prior to the
expiration of the initial term or first additional five-year term
of this Lease, whichever the case may be. In the event Lessee
fails to give written notice within the required time, the option
to extend shall automatically terminate. In the event Lessee
timely exercises the option to extend, this Lease shall be extended
for an additional five-year term upon the same terms and conditions
provided for in this Lease.
IV. RENTALS AND PAYMENTS
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments and rentals as follows:
A. First Year Rent. Lessee shall :ay to the Lessor rent for
the use and occupancy of the Premises for the first year of this
Lease, on or before January 1, 19890 the sum of eight cents (80)
per square foot per year, for a total of Two Thousand Onc Hundred
Fifty Dollars and Forty-eight Cents ($2,150.48).
B. Annual Rental Adjustments. For subsequent years the yearly
rental shall be based on the All Urban Consumer Price Index (CPI-U)
for the Dallas/Fort Worth, Texas, Standard Metropolitan Statistical
Area, as compiled by the U.S. Department of Labor, Bureau of Labor
statistics, using 1967 - 100 as the base pariod. The rental for
each year subsequent to the Initial year of this Lease, including
any year in any additional term provided for in this Lease, shall
be computed by dividing the sum of $2,150.48, the amount of rent
for the initial year of the Lease, by the index number for January
1989, the first month of the initial year of the Leaae, then
multiplying that amount by the index number for the month of
October in the year immediately pre-eding the initial month of the
subsequent year of the Lease. Lessor r.hall notify Lesseo of the
rental amount to be paid for each subsequent year of the Lease at
least thirty (30) days prior to the beginning of each subsequent
year. The annual rental so calculated for each subsequent year
shall be paid annually as provided herein.
C. Payment and Penalty. All payments made hereunder by Lessee
shall be made to Lessor at the offices of the Finance Department
of the Lessor of Denton, Accounts Receivable, 215 E. McKinney,
Denton, Texas 76201, unless Lessee is notified to tho contrary in
l writing by Lessor. All yearly rental payments shall be due and
payable in advance on or before the first day of January of each
r year and shall be paid by Lessee without demand or notice from
Lessor. All rental amounts paid by Lessee after the tenth (10) day
fr of January in the }ear due will be delinquent and shall include an
additional monetary amount (penalty) which shall equal five percent
(51) of the annual rental amount due. Failure of Lessee to pay the
MAHON LEASE/Page 4
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five percent (5%) monetary penalty on delinquent rent shall
constitute an event of default of this Lease.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. Use of Premises. Lessee is granted the right to use the
Premises for the storage, maintenance, fueling and repair of
aircraft owned and operated by the Lessee and Lessee's family or
invitees. Lessee may not use any portion of the Premises for any
use not authorized by this Lease, including any industrial,
commercial or retail business or any other business t;o•3rations
which furnish or provide any product or service to the general
public or other lessees of Airport property. No permanent dwelling
or domicile may be built, moved to or established on or within the
Premises nor may the Lessee, its tenants, invitees, or guests be
permitted to reside or remain as a resident on or within the
premises or other Airport Premises.
B. General Accoss to Premises. Subject to the reasonable
rules, regulations, or directives of Lessor, Lessee shall, in
common with others so authorized, have the nonexclusive right and
privilege over and through the Airport property and the right of
ingress to and egress from the Premises for its employees, agents,
guests, and invitees, suppliers of materials and furnishers of
services.
C. Standards. During the Lease term, Lessee shall comply with
the following requirements and standards:
(1) Address. Lessee shall file with the Airport Manager and
keep current its mailing address, telephone number(s) and
contacts where its authorized official can be reached in
an emergency.
(2) List of Tenants. Lessee shall file with the Airport
Manager and keep current a list of any tenants or
sublessee authorized by this Lease and shall
contractually require its tenants and sublessee to abide
by the terms of this Lease. Lessee shall promptly
enforce its contractual rights in the event of a default
of such covenants.
(3) "ilities Taxes And Fees. Lessee shall meet all
expenses and payments in connection with the +ise and
occupancy of the Premises and the rights and privileges
herein granted, including the timely payments of
utilities, taxes, permit fees, license fees and
assessments lawfully levied or assessed. Lessee herein
agrees to timely pay to all lawful taxing authorities an
ad valorem property tax on all improvements constructed
MAHON LEASE/Page
by the Lessee on the Premises, and to comply with all tax
laws pertaining to the Premises, including those
promulgated in the future.
(4) 8ules Regulations and Re4*+~~*ions. Lessee shall comply
with all laws, codes, ordinances, rules, and regulations,
either existing or those promulgated in the future, by
the Lessor, the County of Denton, the State of Texas, the -
United States of America, and the Federal Aviation
Administration, or their successors applicable to the
Premises or use thereof. Lessee's use of the Premises
shall at all times be in compliance with and subject to
any covenants, restrictions, and conditions of record
pertaining to the use and occupancy of the Premises.
Lessee shall not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the 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
Premises which would produce obstructions to visibility
or violate height restrictions as set forth by the
Federal Aviation Administration or the Lessor.
(5) The Lessee
agrees for itself, its successors, and assigns to
restrict the height of structures, objects of natural
growth and other obstructions on the Premises to a height
as established in City of Denton ordinance 81-1, as the
same may be amended from time-to-time. The Lessee also
agrees for itself, its successors, and assigns to prevent
any use of the Premises which would interfere with
landing or taking off of aircraft at the Airport, or
otherwise constitute an airport hazard. Lessee hereby
forfeits all claims to aviation rights over the Premises.
(6) HAintenance. Lessee shall be responsible for all
maintenance and repair of the Premises, including
buildings, structures, grounds, pavements, and utilities.
Lessee shall be responsible for grass cutting, collection
and removal of trash and for such other maintenance
requirements as may arise. Lessee agrees to keep the
Premises, together with all improvements, in a safe,
clean and attractive condition at all times. Lessee
shall not change the original color or texture of the
exterior walls of any structures or improvements without
the written consent from Lessor.
(a) Painting of Buildings. During the original term of
this Lease and during each extension, Lessor shall
MAHON LEASE/Page 6
have the right to require, not more than once every
five years, that the exterior of each hangar or
building located on the Premises be reviewed by the
Airport Board for the purpose of determining whether
painting of the exteriors of such buildings or
hangars is necessary. If the Airport Board
determines painting is necessary, it shall furnish
a recommendation to this effect to the City Council.
The council, may, upon the Board's recommendation,
require Lessee to repaint said exteriors according
to Lessor's specifications (to specify color of
paint, quality of paint, number of applications,
quality of workmanship and the year and month in
which each hangar or building is to be painted, if
needed). Lessee shall complete the painting in
accordance with such specifications within six (6)
months of receipt of notice from Lessor. Lessee
agrees to pay all costs of the required painting.
Failure of Lessee to complete the painting required
by Lessor's City Council within the six (6) month
period shall constitute Lessee's default under this
Lease.
(b) Storage. Lessee shall not utilize or permit others
to utilize areas on the Premises which are located
on the outside of any hangar or building for the
storage of wrecked or permanently disabled aircraft,
aircraft parts, automobiles, vehicles of any type,
or any other equipment or items which would distract
from the appearance of the Premises.
(7) Quit Possession. Lessee shall quit possession of the
Premises at the end of the primary term of this Lease or
any renewal or extension thereof, and deliver up the
Premises to Lessor in as good condition as exis'ced when
possession was taken by Lessee, reasonable wear and tear
excepted.
(8) Chemicals. Lessee shall properly store, collect and
dispose of all chemicals and chemical residues: properly
store, confine, collect and dispose of all paint,
including paint spray in the atmosphere, and paint
products: and comply with all local, state and federal
laws and regulations governing the storage, handling or
disposal of chemicals and paints. Lessee shall not
utilized, store, dispose, or transport any material,
fluids, solids or gaseous substances on the Premises
which are considered by the Environmental Protection
Agency to be a hazard to the health of the general public
and undertake any activity on the Premises that would
produce noxious odors.
MAHON LEASE/Page 7
(9) Signs. Lessee shall have the right, at its own expense,
to place in or on the Premises signs identifying Lessee.
The signs shall be of a size, shape and design, and at
a location or locations, approved by the Lessor and in
conformance with any overall directional graphics or sign
program established by Lessor on the Airport. The signs
shall be maintained in repair. Notwithstanding any other
provision of this Lease, the signs shall remain the
property of Lessee. Lessee shall remove, at its expense,
I all lettering, signs and placards so erected on the
Premises at the expiration of the term of this lease or
extensions therecf.
(10) Use of Runways acid 'taxiways. That because of the present
sixty thousand (60,000) pound continuous use weight
bearing capacity of the runway and taxiways of the
Airport, Lessee shall limit all aeronautical ac':ivity
including landing, take-off and taxiing, to aircraft
having an actual weight, including the weight of its
fuel, of sixty thousand (60,000) pounds or less, until
such time that the runway and designated taxiways on the
Airport have been improved to handle aircraft of a
greater weight. Based on qualified engineering studies,
the weight restrictions and provisions may be adjusted
up or down by Lessor and 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, its agents,
subcontractors, and invitees, should Lessee negligently
disregard the provisions of this section, Lessor may
immediately terminate this Lease. Lessee agrees to pay
to TA ssor upon demand for any damage, as determined by
Lessor, to Airport property that results from a violation
of this section.
(11) Parking. The parking of motor vehicles on Airport
property by Lessee, Lessee's guests or invitees, shall
be subject to any regulations, restrictions or directions
imposed by Lessor.
C. Connection to Utilities, Lessee may connect to any
existing water mains serving the Premises, in accordance with and
upon payment of any tap or connection fees, as specified by
Lessons ordinances applicable to utility customers, provided,
however, Lessee shall not be liable to Lessor for any water pro
rata payments as a result of the connections made.
I D. Ahatement of Violations. Should Lessee violate any law,
rule, restriction or regulation of the Lessor of Denton or the
Federal Aviation Administration, or should the Lessee engage in or
MAHON LEASE/Page 8
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permit other persons or agents to engage in activities which could
produce hazards or obstruction to air navigation, obstructions to
visibility or interference with any aircraft navigational aid
station or device, either airborne or on the ground, then Lessor
shall state such violation in writing and deliver written notice
to Lessee or Lessee's agent on the Premises, or to the person on
the Premises who are causing said violation, and upon delivery of
such written notice, Lessor shall have the right to demand that the
person responsible for the violation cease and desist from all such _
activity creating the violation. In such event, Lessor shall have
the right to demand that corrective action, as required, be
commenced immediately to restore the Premises into conformance with
the particular law, rule or aeronautical regulation being violated.
Should Lessee, Lessee's agent, or the person responsible for the
violation fail to cease and desist from said violation and to
immediately commence correcting the violation, and to complete said
corrections within twenty-four (24) hours following written
notification, then Lessor shall have the right to enter on to the
Premises and correct the violation, and Lessor shall not be
responsible for any damages incurred to any improvements on the
Premises as a result of the corrective action process. Lessor
shall submit an invoice to Lessee for the cost of the repairs and
Lessee shall pay said invoice within thirty (30) days.
E. Recording of Lease. Within thirty (30) days after the
date of execution of this Lease, Lessee shall at its own expense
record a copy of this Lease in the Peal Property Records of Denton
County, Texas, a copy of which recorded lease shall be provided to
Lessor.
VI. RIGHTS AND OBLIGATIONS OF LESSOR
A. Vehicular Access Road. Within ninety (90) days of the
effective date of this Lease, Lessor shall construct, at Lessor's
cost, a vehicular access road from the existing road to the
boundary of the Premises, in the approximate locatio.l as shown in
Attachment "A". The road shall be of a minimum width of twenty
(20) feet and shall be of tar and chip gravel, or other appropriate
materials determined by Lessor. Lessor shall be responsible for
the maintenance of the road during the Lease term.
B. Peaceful Enjoyment. That on payment of rent, fees, and
performance of the covenants and agreements on the part of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the Premises and all rights and privileges herein granted.
C. Compliance. Lessor warrants and represents that in the
establishment, construction and operation of the Airport, that
Lessor has heretofore and at this time is complying with all
existing rules, regulations, and criteria distributed by the
MAHON LEASE/Page 9
Federal Aviation Administration, or any other governmental
authority relating to and including, but not limited to, noise
abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee
will not be legally liable for any action of trespass or similar
cause of action by virtue of any aerial operations over adjoining
property in the course of normal takeoff and landing procedures
from the Airport. Lessor further warrants and represents that at
all times during the term hereof, or any renewal or extension of
same, that it will continue to comply with the foregoing.
C. Fasements. Lessor shall have the right to establish
easements, at no cost to Lessee, upon the 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 Premises and Lessor shall restore the property
to its original condition upo!i the installation of any utility
services on, in, over or under any such easement at the conclusion
of such construction. Lessee shall not have the right to levy
fees, charges, or receive any compensation for any exercised right
of easement by Lessor or Lessor's authorized agent.
VII. LEASEHOLD AND OTHER IMPROVEMENTS
A. ImRroyemen&s ~y Lessee. Lessee may construct upon the
Premises, at its own coat and expense, an aircraft storage hanger
with attached aircraft maintenance and repair shop, office and
pilot's lounge area, bathroom facilities, a covered open-air
pavilion and other buildings, hangars, structures, and leasehold
improvements that Lessor and Lessee mutually agree are necessary
for the use of the Premises authorized by this Lease.
B. -quired Plat and Building Plans. Leases shall, prior to
constructing any improvements on the Premises, submit to the Lessor
for its approval, a plat of the property and the detailed
construction and building plans and specifications for the proposed
improvements. The required plat and plans shall be submitted in
the form and manner specified by Lessor's ordinances and Lessee
shall, at the time of submission pay all processing, permit, and
approval Zees applicable thereto, as specified by Lessor's
ordinancec+. The plat submitted shall confona to regulation and
requirements of Lessor's Subdivision and Land Development
Regulations. Any building, hanger, or other improvement plans and
specifications submitted for initial construction, or any
additional improvements to be made thereaftAi, shall conform to the
following requirementss
(1) Buildings, hangers, or structures shall conform with and
be compatible with the overall size, shape, color,
MAHON LEASE/Page 10
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quality, design, appearance, and general plan of the
program established by the Lessors Master Plan for the
Airport, as approved by the City Council, copies which
are on file at ti-e Office of the Airport Manager and the
City Secretary.
(2) The regulations and requirements of the Lessor's _
` Building, Fire, Electrical, Plumbing, and other
fl applicable Codes and ordinances of Lessor applicable to
the improvements to be made.
(3) All buildings, including hangers, shall be designed and
constructed so as to have an anticipated life of at
least thirty-five (35) years.
(4) Any rules or regulations of the any Federal or State
agency having jurisdiction thereof.
(5) Contiin the estimated cost of the construction of the
improvements to b., made.
' C. Aouroval of Plans- Vithin sixty (60) days of proper
submission of the plat and plans, and payment of the applicable
fees, Lessor shall approve or disapprove the plat and plans.
Should Lessor fail to approve or disapprove of the required plat
or plans within the sixty (60) days, the plat and plans shall be
deemed approved. Should the Lessor timely disapprove the plat or
plans, it shall give notice to the Lessee of the reason for the
disapproval. No construction of any improvements shall begin
until and unless the plans and specifications are approved by
Lessor.
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D. Airplane Taxiway Access,
(1) Taxiwav Imnrov +~en s by L2s~e~ The Lessee acknow,iedges
that on the effective date of this Lease, there are nc
existing taxiway improvements to serve the Premises and
that Lessee shall be responsible, at no cost to Lessor,
of providing any necessary taxiway improvements which are
necessary to serve the Premises. The area designated as
taxiway on attachment "All shall be the general area
used, as more specifically designated by Lessor prior to
the beginning of construction, to provide for taxiway
access to serve the premises. Prior to beginning the
taxiway improvements, the plans therefore shall be
submitted and approved in accordance with the provisions
for other leasehold improvements.
(2) Use and M3int~nan~e nP m~.,~..... . y LeSeee,
Lessee shall be solely responsible for the maintenance )
of the taxiway access provided, and shall keep the
MAHON LEASE/Page 11
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taxiway in good condition, free of obstructions and
defects. The use of the taxiway access shall be subject
to the reasonable rules, regulations, or directives of
` Lessor.
` E. Ownership of Improvements. All buildings and improvements
f constructed upon the Premises by Lessee shall remain the property
` of Lessee throughout the term of the Lease, except as otherwise
If provided in this Lease. All buildings and improvements of whatever
nature remaining upon the 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.
F. Removal of Hangars or Buildings. In the event that Lessee
should remove any building or hangar from the Premises, where such
removal is authorized by this Lease, Lessee herein agrees to comply
with the following terms:
(1) Prior to commencing the hangar or buildino imoval
' process, the Lessee and Lessor shall agree on the best
method to remove the building, including where to cut
water lines, electrical wire, plumbing and other fixtures
or utilities, so as to cut said fixtures to allow the
future use of these fixtures.
(2) The buildings shall be removed completely from the
surface of the concrete slab and up, with the exception
of cut utility lines. All interior fixtures shall be
removed including sinks, commodes, dividing walls and all
other items or fixtures that would prevent the concrete
slab from being as free as possible from all
obstructions.
(3) Removal of hangars or buildings shall begin and be
completed prior to Lessee's designated termination date.
(4) All hangar and building slabs, aircraft parking aprons,
II taxiways, and all other similar improvements on the
Premises shall remain on the Premises and shall become
the property of the Lessor without costs to Lessor.
(5) Lessee shall be responsible for the removal of all refuse
and debris from the Premises prior to vacating the
Premises.
M (6) Lessee shall be responsible for all costs involved in the
removal of the hangar or building, including costs of
permits or fees.
(7) Lessee shall be responsible for any damage caused to any
MAHON LEASE/Page 12
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improvements on the Premises during the building or
hangar removal process, and Lessee herein agrees to
repair or replace, at Lessee's expense, any improvements
damaged by Lessee during the removal of said structures.
VIII. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty percent (80%)
of the cost of the capital improvements. The terms and conditions
of such mortgage loan shall be subject to the approval of Lessor
as
submit and Lessee shall loaapplic ti n, to Lessor. oLe Lender's duties documents, ~ r ghts are t
follows:
1. The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee herein and
become a substituted Lessee, with the further right to
assign the Lessee's interest to a third party, subject
to approval of Lessor. Lender's obligations under this
Lease as substituted Lessee shall cease upon assignment
to a third party as approval by Lessor.
2. As a condition precedent to the exercise of the right
granted to Lender by this paragraph, Lender shall notify
Lessor of all action taken by it in the event payments
on such loans shall become delinquent. Lender shall also
notify Lessor, in writing, on any change in the identity
or address of the Lender.
3. All notices required by the Lease to be given by Lessor
to Lessee shall also be given by Lessor to Lender at the
same time and in the same manner provided Lessor has been
furnished with written notice of Lender's interest and ;
its address. Such notice shall be given to the City
Secretary and the Airport Manager. Upon receipt of such
notice, Lender shall have the same rights as Lessee to
correct any default.
IX. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, comprehensive general liability insurance covering the
Prarlses, the Lessee, its personnel and its operations on the
Airport, for bodily injury and property damage in the minimum
amount of $250,000, combined single limits on a per occurrence
basis.
B. All policies shall be issued by a company authorized to
MAHON LEASE/Page 13
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do business it the State of Texas, be approved by the Lessor,
copies of which shall be provided to Lessor. The policies shall
name the Lessor as an additional named insured and shall provide
for a minimum of thirty (30) days written notice to the Lessor
` prior to the effective date of any cancellation or lapse of such
policies.
c. During the original or extended term of this Lease, Lessor -
herein reserves the right to adjust or increase the liability
insurance amounts required of the Lessee, and to require any
additional rider, provisions, or certificates of insurance, and
Lessee hereby agrees to provide any such insurance requirements as
with insurance however, that other requirements public
may shall be be ecommensura Lessor; provided
use airports similar to the Airport in size and in scope of
aviation activities, located in the southwestern region of the
United States. For the purpose of this Lease, the Southwestern
as the
Aviation states Administration,
by t the s Feshall deral be the
region United
region of Southwestern the
So
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D. Lessee herein agrees to comply with all increased or
adjusted insurance requirements that may be required by the Lessor
throughout the original or extended term of this Lease, including
types of insurance and monetary amounts or limits of insurance, and
to comply with said insurance requirements within sixty (60) days
following receipt of a notice in writing from Lessor stating the
increased or adjusted insurance requirements. Lessee shall have
insurance and amounts of
the riht to
insurance which maintain iLessor s m yinimum of insurance requirements.
E. in the event that State law should be amended to require
types of insurance 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 insurance right or othe require amount that insurance as specified byr State Law.
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X. INDEMNITY
A. Lessee agrees to indemnify, defend, and hold harmless
Lessor and its agents, employees, and representatives from and
against all liability for any and all claims, suits, demands, or
actions arising from or based upon intentional or negligent acts
or omissions on the part of Lessee, its agents, representatives,
employees, members, patrons, visitors, contractors and
j subcontractors, or sublessees, if any, which may arise out of or
I result from Lessee's occupancy or use of the Premises or activities
conducted in connection with or incidental to this Lease.
MAHON LEASE/Page 14
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B. This Indemnity Provision extends to any and all such
claims, suits, demands, or actions regardless of the type of relief
sought thereby, and whether such relief is in the form of damagos,
jurdgments, and costs
legal ornequitable bform tofr remedyee This Indemnity
Provision shall apply regardless of the nature of the injury or
harm alleged, whether for injury or death to persons or damage to
property, and whether such claims be alleged at common law, or
statutory, or constitutional claims, or otherwise. This Indemnity
Provision shall apply whether the basis for the claim, suit,
demand, 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 subcontractors, or
sublessees, if any, or to anyone directly or indirectly employed
by any of them.
C. This Indemnity Provision also extends to any claim or
liability
or for
inha, directly u attribut attributable damaging
p erisetsdefwhich ect are
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, 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, or sublessees,
if any.
D. It is expressly understood and agreed that the Lessor
shall not be liable or responsible for the negligence of Lessee,
its agents, servants, mployees or sublessees, if any. Lessee
further agrees that it shall at all times exercise reasonable
precautions for the safety of, and shall be solely responsible for
the safety of its agents, representatives, employees, members,
patrons, visitors, contractors and subcontractors, sublessees, if
any, and other persons, as well as for the protection of supplies
and equipment and the property of Lessee or other persons.
E. Lessee and Lessor each agree to give the other ppart
and timely notice of any such claim made or suit instituted pwhich
in any way, directly or indirect]yI contingently or otherwise,
affects or might affect the Lessee or the Lessor. Lessee further
agrees that this Indemnity Provision shall be considered as an
1 additional remedy to Lessor and not an exclusive remedy.
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XI. CANCELLATION BY LESSOR
All the terms, restrictions, covenants, and conditions
pertaining to the use and occupancy of the Premises are conditions
of this Lease and the failure of the Lessee to comply with any of
MAHON LEASE/Page 15
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the terms, conditions, restrictions, covenants, and conditions
shall be considered a default of this Lease, and upon default, the
Lessor shall have the right to invoke any one or, all of the
following remedies.
A. Should Lessee fail to pay the annual rental amounts or fees
prescribed in this Lease, 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 anneal rental amount
within twenty (20) days following receipt of written notice from
Lessor, then Lessor may terminate this Lease.
8. In the event that Lessee fails to comply with any other
terms, conditions, restrictions and covenants pertaining to this
Lease, Lessor shall give Lessee notice of said breach, and request
Lessee to cure or correct the same. Should Lessee fail to correct
said violation(s) o, breach within thirty (30) days following
receipt of said notice, then Lessor shall have the right to
terminate this Lease. Should this Lease be terminated by Lessor
for failurrs of Lessee to correct said breach or violation within
the thirty (30) day cure time, Lessee shall forfeit all rights to
all improvements on the Premises and all improvements an the
Premises shall become the property of the Lessor.
C. 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 reasons:
(1) in the event that Lessee shall file a voluntary petition
in bankruptcy or proceedings in bankruptcy shall be
instituted against Lessee and Lessee thereafter is
adjudicated bankrupt pursuant to such proceedings, or any
court shall take jurisdiction of Les9e3 and its assets
pursuant to proceedings broug:it under the provisions of
any federal reorganization acts or if a receiver ahAll
take jurisdiction of Lessee and its assets pursuant to
proceedings brought under the provisions of any federal
reorganization acts or if a receiver for Lessee's assets
is appointed.
(2) In the event that Lessee should make an assignment of
this Lease, for anv reason, without the approval of and
written consent from lessor.
D. 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 i;ot
cause damage to any part of the hangar, structure or improvements.
Lessee shall remove all personal property from the Premises within
ten (10) days after the termination. If Lessee fails to remove
MAHON LEASE/Page 16
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its personal property as agreed, Lessor may elect to retain
possession of such property or may sell the same and keep the
proceeds, or Tjay have such property removed at the expense of
Lessee.
Where, upon termination of the Lease, the fixed improvements
become the property of Lessor as provided herein, Lessee shall
repair, at its own expense, any dama4e to the fixed improvements,
resulting from the removal of personal property and shall leave
the Premises in a neat and clean condition with all other
improvements in place.
E. Failure of Lessor to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy, or waive the right of Lessor to cancel this Lease
by reason of any subsequent violation of the terms hereof, The
acceptance of rentals and fees by Lessor for any period or p!riods
after a default of any of '-he terms, covenants, and conditions
herein contained to be performed, kept, and observed by Lessee
shall not be deemed a waiver of any rights on the part of the
i Lessor to cancel this Lease for failure by Lessee to so perform,
keep or observe any of the terms, covenants or conditions hereof
to be performed, kept and observed.
XII. CANCELLATrON' BY LESSEE
Lessee may cancel this Lease, in whole or part, and terminate
all or any of its obligations hereunder at any time, by thirty (30)
days written notice, upon or after the happening of any one of the
following eventst (1) issuance ky 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 the Premises and facilities 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
of the Premises for 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 par&graph, such that the Premises cannot be used for
authorized purposes, then Lessee may cancel this Lease or may elect
to continue this Lease under its terms.
In the event that Lessee should elect to cancel this Lease as
MAHON LEASE/Page 17
provided herein, l,rssor shall have the right to purchase the
improvements at a value determined by havirig such improvements
appraised by thrcv appraisers, one appointed by Lessor, one
appointed by Lessa,n, and one appointed by tbu two appraisers. The
costs of the appraisal shall be paid by Lesior. Within sixty (60)
days of the delivery of a written appraisal report by the
appraisers to Lesser, Lessor shall notify Lessee in writing of its
decision to purchase all or part of the hangers or buildings. If
Lessor exercises !.t:s right to purchase, it shall make payment to
Lessee of the appraised value of the kuildings or hangers to be
purchased within thirty (30) days of the written notice.
XIII. MISCELLANEOUS PROVISIONS
A. Entire, Agreexint. This Lease constitutes the entiro
understanding between the parties and as of its effective date
supersedes all prior or independent agreements betwebr. the parties
covering the subject matter hereof. Any change or modification
hereof shall be in writing signed by both parties.
8. Subletting or Assign qit. The Lessee shall not rent, or
sublease the Premises, or any portion thereof, or assign this
Lease, without prior written consent of the Lessor. If reproved
by Lessor, any tenant, sublesues, or assignee shall be subject to
the same conditions, obligations and terms as set forth herein.
C. Leas q_binding on Successors and Assigns. All covenants,
agreements, provisions and conditions of this Lease shall be
binding upon and inure to the benefit of the respective parties
hereto and their legal representatives, successors or assigns. No
modification of this Lease shall 1:9 binding upon either party
unless written and signed by both parties.
D. Effect of Condcinatj`Qn. If tha whole or any part of the
Premises shall be condemned or taken by eminent domain proceedings
by any city, county, state, federal or other authority for any
purpose, then the term of this Lease shall ceasa on the part on
taken from the day the possession of that part shall be required
for any purpose and the rent shall b,i paid ur 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 eircuastanaes shall
the rent be greater than the rental per square foot provided for
herein. All damages awarded for such taking of r.nd tot 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.
MAHON LEASE/Paeje 18
E. Uverability. If any provision hereof shall be finally
deulared void or illegal by any court or administrativa agoncy
having jurisdiction, the entire Lease shall not be voids but the
remaining provisions shall continue in effect as nearly as possible
in accordance with the original intent of the parties.
hthe all other
connection with this Lease notice shallebebin one party writing and to
be e sent
by registered mail, return receipt requested, with postage and
registration fees prepaid, as folluwst
1. If to Lessor, addressed to3
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
2. If to Lessee, addressed toi
Bert E. Mahon
1803 Concord Lane
Denton, Texas 76205
Notices shall be deemed to havo been received on the date of
receipt as sh*wn on the return receipt.
for conveni enof reference only and do note define orelimitnthe
scope or meaning of any provision of this Lease.
H. Qovernjng aw. This Lease is to be c:ostrued in accordance
with the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Lease as
of the day and year first above written.
CITY OF DCNTON, TEXAS, LESSOR
r
BYs
LIAYD HARRELL* CITY MANAGER {
ATTESTI
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JENNIFER WALTERS, CITY SECRETARY
MAHON LEASE/Page 19
f
APPROVED AS TO LEGAL FORMS
DEORA ADAMI DRAYOVITCH, CITY ATTORNEY
BYt
LESSEE \
Bert E. Mahon
Mary L. Mahon
STATE OF TEXAS
COUNTY OF DENTON
i
:
This instrument was acknowledged before me on the day
of , 1988, by Lloyd V. Harrell, City Manager
of the City of Denton, Texas, a municipal corporation of the State
of Toxas, on behalf of said corporation.
Notary Public, State of Texas
My Commission expirest
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day
of If 19881 by Bert E. Mahon. ,
Notary Public, State of Texas
I My Commission expirest
i
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day
of , 19881 by Mary L. Mahon. ,
I r
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Notary Public, State of Texas
My Commission expirest _
MAHON LEASE/Page 20
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ATTACHMENT "A"
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AN BROWS T R.C.O.
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2594!.
NO.
A RESOLUTION CHANGING THE REGULAR COUNCIL ME:ITING OF JANUARY 39
1989 TO JANUARY 101 1989; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the regular Council meeting of the City of Denton
scheduled for January 3, 1989 is hereby changed; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION 1. That the regular Council meeting to be held on
January'3,1984 be changed to January 10, 1989.
SECTION II. That :his resolution shall become effective
immealate--T`upon its passage and approval.
RAY E , RAYOR
ATTEST!
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JENNIFM r CITY SECRETM
APPROVED AS TO LEGAL FORM:
s
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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E CITY of DENr(ON, TEXAS 215 E. MCKWIVEY/ DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
i
MEMORANDUM
E
DATE: December 15, 1988
E TO: Lloyd V. Harrell, City Manager t
FROM: John F. McGrane, Executive Director of Finance a
SUBJECT: NOVEMBER BUDGET REPORT
The fiscal year is still !n its infancy stage and; therefore, it F
is still too early to p .diet an annual trend. However, the
first two month's General Fund expenditures appear to be in line
with budgetary projections. At the end of November, total
obligations, both expenditures and encumbrances, amounted to j
$4,051,349, which leaves 81.44 of the budge unobligated.
+ On the revenue side of the General Fund, the two major sources
{ of revenue are ad valorem tax and sales tax. Sales tax receipts
for the first two months were $926,983, this represents an
increase of $10,856 over budget
projections, delinquent taxes ~
collected for the first two months were $171,985 and current
1988 taxes collected were $1,490,314 for a tc,tal tax collection
of $106620299. The amount of current collections is slightly I
below the amount collected for the same period last year, 11.78% I
as opposed to 12.451. Other revenue items that show increases
are bingo tax collections which total $8,284 against a budget of
$21,840, and police fines of $132,000.
The other revenue area which should be rioted is hotel-motel tax
receipts. As of the date of this memorandum, the Holiday Inn
has not paid Its third quarter tax of $14,781.68. Upon the tax
becoming delinquent, we immediately referred this matter to
legal for appropriate action.
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If you need any additional information or have any questions on
{ the above, please advise.
1
John cGr ne
JFMcG:af
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ciryo/ DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
MEMORANDUM
DATE: November 8, 1988
TO: Lloyd V. Harrell, City Manager
F { t
f FROM: Frank Robbins, Executive Director for Planning and
Development
L
SUBJECT: STREET NAMES AN,0 THE "911" SYSTEM
On October 4, 1989 Council postponed for two ,nonchs a request by
a citizen to rename Highview Court. During the Council discus- r
Eion to rename Highview Court to Tree Creo,r. Place, the name
selected by the Historic Landmark Commist;ion after two meetings,
C,j,,ncil expressed concern about (1) this "311" system and strc+^:L
nameL and (2) the notification of those whose address could be q
potenttelly changed. ~
I During the Planning and Development Department's staff report, it E
was noted that the renaming of this street would be useful to the i
"911'• system. Street naming is in fact not critical to implramen-
tang the "911" systein. 911" requires that each unique phone
number have a valid address, The "911" system provides a quick ;
dial - quick emorgenr,y response for a large regional area using ~
automatr;d to.hnology. The "•911" system will switch an incoming
call rapidly to the Fire, Police, or ambulance facility in whose
jurisdiction the call originated. •'911" does not geographically
M° pinpoint er find the location of the call. That pinpointing is
still a responoibility of the responding entity.
There is some utility to renaming like named streets because it
eliminates potential confusion on the part of the responding j
ager,cy (not "911") as to where the emergency exists. There is~
evidence that this situation occurred on Highview Circle and
Highview Court, This is to :iy nothing about pizza delivery and
other address sensitive businEss responses,
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Lloyd V. T r-ell
rlovember 9, 193c
Page 2
T have discussed this situ -jtIon w ith representative. ,if tlicDe nton County ":a+1" system and they stated that street renaming
is not critical to implementing r.he sy3tam. rhc-y do ac!r,wledge
the utility of street name (:hLjnges a:a a means to heo minimize
potential response delay,. T have discussed this +;s'.re wltl)
representatives of cur Fire and Felice Department While they
acknowled3e the utility In renaming :,treetc, thay beliyv,, that it
is nat necessary to undertabe a program to rename all the 11ke
named streets, given the ill will which could be cre;.Ared from
massive address changing.
There are 22 sets of two or thr'^ce streets which are not the s,irne
street, but that h;v, about the same name. U these 22, only s,.;
sets are not attached to the other, like Highviaw Circle and
F;ighview Court. Highvlew Court 1s a cul-ode-oac attached to
Highview Circle, Brandywine Circle is a cul-de-sac attac.i,el to
Brandywine and so forth. The unattached streets are College arid
College Park Ruad; Marshall; Meadow, Meadow Lane, and Mcado4 Lane
Place; Northwood and Northwood Terrace; Underrood; and Williams,
There are ways to make distinctions ' ,r maps between these sir
<.ets of streets. For instance, the Crn?rrber of Cormnerco" mil
lists Marshall as Marshall .and Marshall R„ad.
Whirl I would not reccromend a City initiated prograr,, to rename
streets, it is quite appropriate to alloar c1Li?.er5 to petition to
do this. The existing process includes review by the Historic t
Landmark Corrriiission and the Planning :,inr1 Zcning Commission, who
#
make recommendations to the Council. At each stet,. affected land
owners will be invi to attend. Thins addresses the Council's I
second concern of not lflc L1on. We have amended our natifi;+ltion
letters to explicitly invite lnvolvernent zt, Commission and
Council meetings.
The degree to which a neighborhood agrees or disagrees with a
street nacre change, given that Lhey nlderstaod the margi'al
utility of eliminating confusion in emergency response situ?- 1
Lions, is a valid basis for making a street name dacision.
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frank H. Rot~Gir15 AICP ~ '
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444.4 4 4 4
DATE: 12/13/88
CITY COUNCIL REPORT FORMAT
TO. Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECT: ANNEXATION OF PROPERTY ALONG THE ELM FORK QF THE TRINITY RIVER FROM
THE CITY LIMITS TO LAKE RAY ROBERTS DAM (A-58)
RECOMMENDATION:
Staff recommends beginning the annexation process. A letter has been
sent to the property owners requesting consent for a voluntary
annexation of a 100' strip. An involuntary annexation would require
a minimum 1,000' strip.
SUMMARY:
This annexation would complete the extension of the City liml'.s to
Lake Ray Roberts.
BACKGROUND:
The City of Denton has annexed property in this area ove♦ ~;he past
4 years in an attempt to control watcr quality and surdiv:eton of
property.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Fifteen property owners would be affected by this annexation,
including the Corps of Engineers. !j
FISCAL IMPACTt I
i
City services must be provided within the City limits. The costs
would be minimal because of the width of the annexation.
Respectf ly sut,mitted:
Prepared bys fi a s.1
C , . - r , r-, City Hager
Cecile Carson r
Urban Planner
APpr v
an H, Robbins
Executi',r Director for
Planning and Development
2411a
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ANNEXATION A-S8 WIDTH
NORTH
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h CITY ofDENTON, reXAS MUNICIPAL BUILDING
/ OFNTON, TEXAS 76201 / TFLEPIfONE(817) 566.9100
December i, 1988
Dear Property Owner:
On March 1, 1988 the City of Denton annexacf a 100' strip of
property along the Elm Fork of the Trinity River. Upon Peti-
tion of property ownars, the annexation was reduced from a 1000'
Strip to a 1On' stria. At this time the City is considering the
I annextion of property to the Lake Ray Roberts Dam, a distance of
approximately 2 112 milas.
According ;.0 Chapter 43 of the Local Goveroment Code of the State
of Texas, a municipality is requir,ad to annex a minimum 1000' of
land except in certain Situations. One of tnese exceptions is
annexation by petition of the property owner.
At this time the City of Oerton is interested in annexing the
property in order to protoct water quality and .a prr)vide for
f regulation of the subdivision of property in the area. Therefore,
the 100 strip will allow We yowl to be accomplished. ~
I have attached a copy
erty ownOre prior to the of
annexation ncompletedronr~Marcht1,1988p-
.
Please review the petition and contact me at (817) 566-8350, If
you consent to the 100' annexation, please sign and -eturn the
form.
Sincerely,
4
k Cec,i to Caroo,i M
Urban Planner
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2081L
PETITION FOR VOLUNTARY ANNEXATION
` TO: The City Council of the City of Denton, Texas
I
WHEREAS, in accordance with Chapter 43 of the Local Government
Code, the City of Denton has F-oposed to annex strip of land
extending fiom the existing city limits, northerly along the Elm
Fork of the 'trinity River, as described in Exhibit "A", attached
hereto and incorporated herein by reference; and,
WHEREAS, the area to be aranexed is required by law to be at
least one thousand feet (1,0001) in width at its narrowest point,
unless the owner or owners of the land to be annexed request
annexation by written petition; and,
WHEREAS, in order to allow the proposed annexation to be of an
area less than one thousand feet (1,0001) in width, the petitioner
landowner's desire to request annexation of a portion of the area
now proposed for annexation; NOW, THEREFORE,
Pursuant to the provisions of Chapter 43 of the Local
Government Code, the undersigned, being the owners of all or part
of the land described below, respectfully petition the mayor and
city council of the Cite of Denton for annexation to the City of
11 Denton of the unincorporated area within the County of Denton, f
described as follows:
A strip of land of a maximum width of 100 feet, lying along
and within the land described in Exhibit "A" attached '.iere-
to and Incorporated herein by reference, said 100 foot
strip generally followir¢-, to the extent possible, the
centerline of the Elm For of the Trinity River, as here-
inafter to be determir.cd by the City of Denton.
signature- Trac° No.
of Landowner Address (ref. attached I
24
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 75201 / TELEPHONE (817) 566-8200
MEMORANDUM
DATE: November 10, 1988
TO: Lloyd V. Harrell, City Manager
FROM: Roger Nelson, Administrative Aide
r
SUBJECT: GTE'S REQUEST FOR EXTENDING LOCAL MEASURED SERVICE
I
The attached newspaper article concerning GTE's proposed expansion of Its local
measured service option (LMS) to Include Denton raises a number of Issues. Obviously,
how this service works, how subscribers are charged, and who benefits from using LMS are
questions that need answering. The PUC's moratorium on LMS in Texas and Consumer's
Union Southwest's opposition to LMS are also points that need to be clarified.
s
,
At this time, local service operates on a flat rate basis. For $11.92, plus tax, you can
have a phone line and make as many local telephone calls as you desire without paying any
f additional coats. LMS also has a monthly flat rate that pays for dial tone service. With
LMS you can receive telephone calls without Incurring any additional expenses. Long
distance calls work the same way with LMS as they do with standard service.
There are two basic differences between LMS and standard service. With LMS your
monthly flat rates are significantly lower than the fiat rates associated with standard
service. The flat rates are lower because If ycu have LMS you are charged for each local
call according to the length and distance of the call.
With LMS, charges for local calls are assessed in the same way long distance charges are
assessed, Rates vary depending on distance, time of day, day of the week, and whether or
not It's a holiday. The LMS flat rates for Denton would be $8.SO for residential customers
and $26.45 for business customers. Charges for local calls under the LMS system are as
follows:
Holidays and
charge 7a.m.-Ilp.m, llp.m.-7a,m. llp.m. Fiid%y
Distance_ Irm Monday-Friday Monday=Thursday to 7a.m f
D-7 miles set up 2.54 1.54 1.04
minute 1.St 0.94 0.61
7-14 miles setup 3.St 2.it+ 1.44
minute 2.14 1.34 0.84 i
14-21 miles set up 5.04 3.04 2.Ot
minute 3.04 l.84 1.2`
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Lloyd V. 1{arretl
November 10, 1988
Page 2
For example, a 20 minute telephone call at 2 p.m, during the week would cost 32 Ss if less
than 7 miles, 45.St if 7 to 14 miles, and 63t If 14-21 miles In distance, 'these same calls,
If made at 2 a.m. during the week would cost 19.5`, 28.14, and 394, respectively. If these
calls were made during the weekend or a holiday, they would cost 134, 17.41, and 264,
I respectively.
F Who benefits from such a service? Obviously, those people that do not make very many
local telephone calls will benefit from lower monthly rates. College students would
probably fall Into this category If the bulk of their calls are to parents and friends not in
Denton. Also benefiting from VAS would be those people that do not talk on the phone a
grea• deal, and if they do, only briefly, Those people not benefiting would be businesses
makW a great deal of local calls, families with teenagers, people that use their telephone
as a link to the outside world, aid groups such as churches that use the phone to contact
members on a regular basis.
GTE's representative stressed the fact that this is an optional service, that it is more
equitable than standard service because LMS subscribers pay for what they use, and that
LMS Is simply an additional service that GTE Is trying to offer its customers.
The PUC's staff and Consumer's Union - - Southwest both oppose LMS for the same
reasons, LMS is not Intended to be optional, LMS changes the nature of the telephone and
its use, LMS is more expensive, and LMS has a negative impact on the business
community, people of low to moderate incomes, the elderly, the handicapped, churches
and families.
Both groups presented the following scenario to explain a part of their opposition to LMS.
Whon optional LMS Is introduced to an area, those people that will save money by
switching to LMS do to. In studies done on areas with LMS, it has been found that
anywlicre from 12% to 20% of the phone company's subscribers do switch, and their bills
are lower by about 25%. {
For the purpose of this argument, let's say there ai•e 100,000 phone lines, standard service n
V $20 and the LMS base rate is $10. Before LMS begins, the phone company receives !
S2,000,000 a north from its local phone lines, After 20% of the subscribers switch and
save 25% on their phone bills, the telephone company only makes $1,900,000, To make up
for the $100,000 a month In lsrt revenues, the telephone company has to raise rates
somewhere, and historically this Increase has been made In the standard service rates. As
standard service rates go up, more people switch to LMS. As more people switch,
revenues drop and rates have to go up again. This cycle continues urAll standard service
as we know it is 'oo expensive for the averago person to carry, Eventually, LMS rates
change and It also becomes more expensive than standard service was before LMS was
Introduced.
Ob*tions are also raised because LMS changes the nature of telephone use. We have alt
seen the "let your fingers do the walking" ads run on behalf of the yellow pages. With
LMS, it actuaily makes sense to drive around Instead of calling first, especially If you are
liable to be put on hold, If you have an LMS with rate periods similar to the ones In
Lewisville, it is not possible to wait until the rates are lower to make a call It you happen
to need something during the week, Very few hardware stores or dress shops are open
after 11.00 p.m. or before 7:00 a.m.
I ,
Lloyd V. Harrell
November 10, 1988
Page 3
LMS Is also more expensive for the telephone company to administer than standard
service, and it is much more difficult to understand for the consumer. With standard
service "lay customer Is charged a flat rate and that's it. With LMS the telephone
eMpany must keep track of each phone call, how far It goes, and how long it lasted.
WhVe LMS is touted as a way to control your bills and bring them down, you would need to
log every call for time of day, length of cornection and mileage to get a grip on what your
phone bill will be. This does not sound like a great burden, but Is it necccsary?
The idea that LMS users pay for what they are using is also questionable. Modern
telephone service is a network of digital switching and fiber transmission lines that are
not sensitive to volume or duration. The telephone system is designed so thU at the
busiest times the calls that are being made ca_n go through. Also, telephone use is not a
commodity that Is used up. Your use of the telephone does not diminish my ability to use
the telephone.
LMS also has a negative impact on the social aspect of the telephone, Community
orgatdzatioru and church groups that use the telephone to contact members and
pr'osfective members will pay more for this activity with LMS. Families with teenage
chUJren will also find that LMS Is more expensive. Businesses that use the telephone to
make sales will have an increase in costs as well. These increases are, of course,
assuming that the scenario of LMS becoming the predominate method of service Is true.
The PUC currently has a moratorium on LMS, and according to the PUC staff member I
spoke with, unless there is an overwhelming ground swell of support for LMS, the current
moratorium on LMS will continue. The PUC is simply unwilling to allow a service whoso
consequences are unknown to be approved for use throughout the state.
While the PUC's staff recommended denial of GTE's request to extend LMS to
19 additional exchanges, there is always the possibility that the PUC will reject its staff's
recommendation in its final decision. Because the hearings on this matter have ended, we
will not have the opportunity to present testimony before the Commission. However, with l
Council's approval, a letter could be sent to the members of the PUC under the Mayor's
signature.
s
If you have any further questions, please let me know.
i
Rolle, Nelson
wp
Attachment
,
2346a j
i
1
GTE proposal
for measured
service assailed
Aaai flu
AUSTIN - A consumers group
said Tuesday that GTE Southwest is _
threatening basic telephone service
in Texas by seeking to expand a ser•
vice in which customers pay for
each local call, rather tLan making
unlimited local colts for a flat rate.
The company is asking to expand
optional measured service to 19 ad-
ditional exchanges In a rate case be-
fore the Public Utility Commission.
Consumer groups have proved
"time and time again" before the
PUC and the Legislature that op-
tional measured service "is never
intended to be optional at all," said ChoNallooPorn lapP41
Carol P.arger, director of Ccn•
aumers UulonSouthwest.
GTE spokesman Clovis McCallis. Wednesday, October S, 1988
ter said the service is optional. AK - -
ter receiving approval in 1983, GTE
began offering it in the Dallas and
Houston metropolitan areas, he
said.
f The service Is proposed for
s Archer city, Holliday, Idelou, Shal-
lowater, Wolforth, Hurlwood, Del
Rio, Portland, Robstown, Denton,
Bryan, College Station, Texarkana,
Sherman, Carlsbad, Kurten, Miles,
Snook-Tunis and San Angelo.
Under a local measured service
pricing plan, customers pay a basic
access fee. In addition, each call Is
priced bised on duration, distance
and time of day.
'GTE may try to convince the
public that LMS is a more fair pric-
ing option - that those who make
fewer calls will pay lower rates and
vice versa. That is not the case," Ms.
Barger said in a statement.
Most customers will not find that
[ local measured service lowers their
bills, she said. The PUC now has a
moratorium on the service, Ms,
Barger said, urging that the morato•
rium continue.
McCollister said a number of cus-
tomers would pay lower rates under
local measured service,
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END
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FILE