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HomeMy WebLinkAbout08-01-1989 T~X t Y ' AGENDA CITY OF DENTON CITY COUNCIL August 1, 1989 Work Eession of the City of Denton City Council on Tuesday, August 1, 1989, at 5:30 P.M. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 p.m. 1. Bold a discussion regarding the Denton Housing Authority. 2. Hold a discussion regarding the proposed Southview amended Concept Plan and Detail Plan. 3. Hold a discussion regarding a proposed amendment to the Zoning Ordinance by adding design standards for the Oak-Hickory Historic District. II 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in In re: Flow and Denton county vs. city. f i Il B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider condemnation of a drainage easement on Emery Street. i C. Personnel/Boarrl Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1 1. Consider an appointment to the North Texas Higher Education Authority. 2. Consider an appointment to the Human Services Committee. Regular Meeting of the City of Denton City Council on Tuesday. August 1, 1989, at 7100 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: I ~j 1 ~I 1 S V 1 1 3 Q 1 E I City of Denton city council minutes August 1, 1989 Page 2 7:00 p.m. 1. !'insider approval of the minutes of the regular sessions of July 11 and July 18, 1989. 2. Presentations of "Yard of the Month" awards for August. 3. Public Hearings A. Hold a public hearing and consider adoption of an ordinance setting a moratorium on the establishment of sexually oriented businesses. (The Planning and Zoning Commission recommends approval). B. Hold a public hearing and consider adoption of an ordinance amending Appendix B, Zoning, of the Code of Ordinances by adding design standards for the Oak-Hickory Historic District. (The Planning and Zoning Commission and the Historic Landmark commission recommend approval). 4. Consent Agenda: i Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Liated below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Stems 5.A and This listing is provided on the consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. bids and Purchase orders: 1. Bid #9999 - Demolition 6 Clearing of Lots 2. bid 09974 - Senior. Center Expansion 5. ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. J x f I ` City of Denton City Council Agenda August L. 1989 Page 3 B. Consider adoption of an ordinance authorizing the execution of a change order to a contract. between I the City of Denton and Landmark Construction J Company; and providing for a reduction in the 1 contract price. C. Consider adoption of an ordinance of the City of Human Denton, Resources Texas. ginto t name of the ervices Committee". providing for staggered terms of committee members; designating functions for said J committee; and providing a severability clause. (The Human Resources committee recommends approval). D. Consider adoption of an ordinance authorizing the city manager to execute a compromise and settlement agreement with Ruben and Mary Gonaales. to enter adoption of an ordinance authorizing the E Mayor Consider i of Denton and Deloitte Haskins & Sells as auditors for the fiscal year ending .uptember 30, 1989. V 6, Resolutions A. Consider approval of a resolution approving liquidation and disbolution of the Upper Trinity Municipal Water Authority. (The Public Utilities Board recommends approval). B. Consider approval of a resolution authorizing a proposal to the City of College Station, Texas, offering the sale of power and energy by the City of Denton, togethet with the Cities of Bryan, Garland and Greenville, beginning in 1992. (The Public Utilities Board recommends approval). C Consider condemns ion of 0.1393 acres resolution n land authorizing located within the Robert Beaumont Survey at the corner 1 of Bonnie Brae and Emery Streets, as more 1( particularly described herein, to provide for certain drainage improvements. it I Ir I I City of Denton City Council Agenda ' August 1, 1989 Page 4 D. Consider approval of a resolution authorizing the City Manager to execute a lease agreement between I the City of Denton and Robert Ponley for property located at the City of Denton Municipal Airport, Denton, Texas. (The Airport Advisory Board recommends approval). E. Consider approval of a resolution approving budget adjustments for fiscal year 1988-89. 7. Miscellaneous matters from tho City Manager. A. Consider a request from Truman Harp. B. Discussion of certified tax roll. f 8. official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointmenti, 9. New Business: This item provides a section for Council Members to suggest items for fUtULe agendas. I I lo. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(q), I Art 6252-17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the C bulletin board at the City Hall of the City of Denton, Texas, on the day of 1989 at o'clock (a.m.) r i CI'CY SECRETARY I 3134C 1 a t 44 1 III, ]Jill El~ -64-4-,64"1 1144444 ''1 11 1 1 ''Ilf i 5 ~a DATE: 8/01/89 CITY Q0 -q I L 8U9RI.-P4-$MAI TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Discussion concerning the Denton Housing Authority $ESrQid~~2~N14L1: BACKCii34_~NI?: Council had previously requested that Marian Hamilton, Executive Director of the Denton Housing Authority, be invited to a work session in order to discuss the City's relationship with DHA. SUMMARY: Discussion will center on DNA's history, budget and orga- nizational structure. i PA44gA~~P~E9fiIMF.IlTS OR afl4~P~AEEE~IF,JZ. The Community Development Offics has a cooperative agree- ; ment with DHA regarding the Rental Rehabilitation VJ h program. Approximately $140,000 in funding was previously allocated to the rehabilitation of the Phoenix Apartments. f a-Q&L. IMPACT: $81,000 in 1989 COBO fund` has been allocated to repair roofs at Heritage Oaks. i Respe ully sub i ted: L oy V. ar e p; City Manager red by: ~ f ~ B rbare Rosa Community Development Coordinator Appr ved: i%Lr for Planning 5 Development j ~I 1 I 1 5 t x DENTON HOUSING DEVELOPNFNT CORPORATION DENTON DOUSING All THORITY OFRITACC OAKS APARTMENTS) OPERATING W DCET - OCTOEER 1. 1986 TO SEPTEM8RR 30, 1969 SOURCE OF FUNDS PAs Payments S 346,860.00 Locally Produced Pont 195,106.00 fl Other Income 1,956.00 Interest 12,000.00 SSS,924.00 Len IS Vacancy Pate Allouonc: 5.420.00 550,704.00 ADMINISTRATION Admin'stratfve Polartaa ! 67,500.00 Legal L., .nu 2,000.00 Staff Training 3,000.00 Travel _ 1,000.00 ' llfi Accounting 1,000.00 Sundry ry 11,000.00 f 1 89,500.00 TENANT SERVICE! Programs 2,500.00 Contract Costs 1,500.00 4,000.00 UTILITIES Water ! 15,000.Ou Electricity 19,000.00 Cal 3,Q00.00 Trash Removal 4.500.00 I; 41,500.00 ` ORDINARY MINTENANCL AND OPERATION LatorlSalartes ! 33,139.40 materials 17,000.00 Contract costa 30,000.00 Overtime 1,500.00 !0,279.00 i PAOTECTEVE SERVICES Contract Costs ! 6,000.00 6,000.00 GENERAL EAFENSES insurance ! 1,000.00 t*ptoyea Benefits 20.000.00 21,000.00 TOTAL THIS PAGE 246 259.00 h.snnusll 74 7 { 4. Heritage Oaks Operating Sudget - 10101/66 - 04/30/89 Page 2 TOTAL PREVIOUS PAGL # 7/1,259.00 CAPITAL ERPENDITLRES Equipment 1,000.00 Property improvement 500.00 S . 1.500.00 TOTAL OtERATIhi SUDOET ( 249,759.00 DEBT SERVICE Principle 6 Interest 273 990.00 Insurance 6 Audit 13,750,00 Extraordinary Haintenanre 13.005.00 r 6 300.745.00 i i MAL OPERATINO 6 DEST SESYICC 6 550.501.00 hONTHLY OPERATING SUISIDY YP,OH 116ANX - IIOIISTON 6 20,113.00 w SUIHITCEO SYi , Har l en Haml it on Chairman Pxecutive Director DNA guard of Commlad onets APPROVED Art /eth /ra ord { Trust Administrator Hlank { Houston, Texas r Contrect Rents - E!(eetlre 07 01/SI I-IR (121 Units) 6320.00 X 127 X 12 - 6 487,600.00 l-IR (6 Units - Congregate) - 720.00 X 6 X 12 - 23,040.00 1-IR (1 Unit) - 381.0o X 1 X 12 - 4,608.00 7-1R (6 Unite) - 310.00 X 6 X.12 - 26,640.00 Total Contract Rent (12 Ho. Period) - 6 541,968.00 h.ennuell i A.annval: ~ i 1 II s. } CLTY or DENTON HOUSING CORPORATION 61 DENTON DOUSING AUTHORITY ` (PIIOENIB APARrmr..NT9) OPEPATINO BUDGET - CECEIIDER 1, 1986 TO SEPTEMBER 30, 1989 SOURCE OF FUNDS NAP Payments S S5f,096.00 Locally Pr,IUC eI Revenue Duelling Rent Locally produced) To Include Ezress Utllttles/ 113,064.00 Other Income (Office Pont, 6,770.00 Laundry) Interest 4.930.00 S 680,880.00 Lose 3% Vacancy Rate Allovance 20 426.00 3 690m454.00 AUNINISTRATION Admintatretlva Salaries S 58,972.00 Legal Expense 633.00 Staff Training 1667.00 Travel 833.00 Accounting 833.00 Office Admin. 11,567.00 { Office Rent/Admin. "_00 TENANT SERVICES Salaries ( .00 Recreation, Publicity, and Services 2,500.00 Contract Coate, TralninE .00 UTILITIES 2,500.(• Water ( 41,667.00 Electricity 15,571.00 Cam 50,000.00 Tenant Utilties .00 107,240.00 ORDINARY MAINTENANCE AND 0PFRATTO;1 i Labor S 36,596.00 Materials end Vehfcta Maintenance 25,000.00 contract Costs and Tramh Pick-up 32.450.00 94,046.00 SECURITY Security $ 5.833.00 r 5,833.00 GENERAL ERPENSES Insurance ! 3,633.00 Enplnyee Benefit Contributions 20,633.00 26,666.00 TOTAL THIS PACE S 311.090.00 p.enmull i Phoenix Apartments Operating Budget - 12/01/88 - 09/30/69 Page 2 TOTAL PREYIW S PACE $ 311,090.00 CAPITAL EXPENDITURES Property Betterment and Additions 1.886.00 { 1.686.00 TOTAL OPERATING BUDGET B 312,976.00 (12/01186 - 09/30/69) S 31,298.00 mo. DEBT SERVICE (10-ttontT Period) Prtnelplo 6 interest { 3:0,300.00 lnsuranct { Auditing Feaa 11,500.00 ' Naintenante Reserves 16,760.00 { 346.760.00 TOTAL OPERATINO { DEBT SERVICE 1 661,736.00 (10 11on0s 12/01/68 to 09/30/89) TOTAL HAP { LOCAL INCO119 L 680J880-00 BALANCE 6 19,146.00 eRalana partial Vacancy Rate Allovance 4 REQUESTED MONTHLY OPERATING SUBSIDY PROM HBANK 6 31,298.00 i SUBMITTED BYr h !i Matlan Hamilton Chairman Executive Director DIIA Board of Commissionary APPROVED IYt eeth Bradford Date Trust Administrator Hunk Moulton, Texas Contact Renb t•BA (36 units), 1321.00 X 36 X 10 • 122,980.00 2-81t (72 units)t 169.00 X 72 X 10 - 265,660.00 3-69 (38 units)? 414.00 X SB X 10 0 240,120.00 4-BR ( 9 unlts)r 460.00 X 9 X 10 s 41,400.00 Total Contract Rent (10 11o. Period) a 6 669,280.00 P.annudt { i I WHERE DOES THE NONET CONE PROM? WHERE DOES THE MONEY GO? TENANT RENT HOUSING ASSISTANCE PAYMENT TRUSTIal BANK ' FUNDS INVEST CAPITAL ESCROW ACCOUNTS INTEREST OPERATING ON BONDS { HERITAGE OAKS T SALAAI83 MAIN ENANCE UTI ITTCCAAPTAATLLE NAN SERVICES SE URFT GENE EXPENSE EXPEN DITURES tjNDRY any excevl RES RYES l I G I 1 k § 392,043 LOCAL GOVERNMENT CODE Title 12 Historic! Note The 1987 amendment inserted subsea. (c) Code, applies only to an employment that first and redesignated former ,.ubsecs. (c) and (d) as occurs or a contract that is made on or after subsets. (d) and (e). the effective date of this Act. An employment Sarin 2 of the 1997 amendatory act pro bethat first occurs or a contract that Is made vides: is governed fore the effective date of this Act 'The change in law made by Section i of this by the prior law, and the prior law is contin- Act to section 392.043, Local Government ued in effect for this purpose' (Sections 392.044 to 392.050 reserved for expansion) SUBCHAPTER D. POWERS AND DUTIES OF A HOUSING AUTHORITY § 392,051. General Powers (a) An authority exercises public and essential governmental functions and has the powers necessary or convenient to accomplish the purposes and provisions of this chapter. (b) The powers of an authority are vested in the commissioners of the authority. (c) An authority may delegate a power or duty to an agent or employee as it considers proper. Acts 1987, 70th Leg., ch. 149, § I, eff. Sept. 1, 1987, § 392.052. Operation, Construction, and Leasing of Housing Projects (a) An authority may prepare, carry out, acquire, lease, and operate a housing project in its area of operation. (b) An authority niay provide for the construction, improvement, altera• tion, or repair of a housing project, or part of a housing project, In its area of ' operation. (c) An authority may arrange or contract for services, privileges, works, or facilities for, or in connection with, a housing project or the occupants of a housing project to be furnished by a person or public or private agency. (d) Without regard to another provision in this chapter or other law, an authority may include stipulations In a contract made In connection with a housing project that require the contractor and subcontractors to comply with the requirements regarding minimum wages and maximum hours of labor I axd with any conditions the federal government has attached to its financial aid to the project. (e) An authority may lease or rent housing, land, buildings, structures, or facilities included in a housing project at rents established or revised, subject to the limitations of this chapter, by the authority. k (f) An authority may take action necessary or desirable to secure the financial aid or cooperation of the federal government in the underta'ldttg, 926 t 1 J I ~ r i PLANNING AND DEVELOPMENT § 392.052 Ch.,392 construction, maintenance, or operation of a housing project, Including action to: (1) borrow money or accept grar:s or other financial assistance from the federal government for, or In aid of, a housing project in the authority's area of operation; (2) take over, lease, or manage a housing project or undertaking con. strutted or owned by the federal government; and (3) comply with conditions and enter into mortgages, trust indentures, leases, or agreements that are necessary, convenient, o: desirable to accom- plish the acts listed in Subdivisions (1) and (2). r~ (g) A housing project is subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the site of the housing project. In planning a housing project, including site location, an authority shall consider the relationship of the project to a larger plan or long-range program for the development of the area within the housing authority. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amendment by Acts 1957, 70th Leg., ch. 887, $ 1 Section 1 of Acts 1987, 70th Leg., ch. 887, purports to amend § 21 of Vernon's Ann.C v.,~P 4 1269k (now, this secttonj without reference to the repeat of said a 1:. 'e by Acts 1987, 70th Leg., ch. 149, § 49(1). As so amended, § 21 reads. "(a) In addition to the powers conferred upon an authority by other provisions of this Act, an authority is empowered to borrow money or accept grants or other financial assistance from the Federal fovern• ment for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the Federal Government, and to these ends, to comply with such condition; and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this Act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government in the under. taking, construction, maintenance, or operation of any housing project by such authority. 1 "(b) An authority may purchase equipment and supplies and award y contracts for services or for repairs, maintenance, andreplacements in compliance with the consolidated supply program te Federal any other pro- curement program or procedure established by ment. The authority is exempt from applicable State laws to the extent necessary fo allow the authority's participation in the program. 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A N m N~ A r ~(W~ (A ~W' P ~ Nm0T uco 0(A OD ~ z I td 3p 3 T I '9~ 1 ~A 9 ~n~n n D N~~1 M I RX . N.. mRI2m H sa.. mr~ ` to O ~-I-Ir O a .0 z H N N T A IJ O O G * 7) U . fil ' I In • I • . • A • • r A , I I v O U --1 fl A 1J 0(~ ryt I NN "D r- w l~1•:1S 4m 1JJNCl tj tOdtr tC.9 Z N .n n 1 Ff N V 0 N 'o N J 4 WCANC 0z Ic H tZ n I z c Nz aWO in -c N Nm D J J , N I m b t+ 0 n 77 i !n O g tp N j 1 + ul I N u RI ~ D m IJ n r , h i LT-I~ 11 i } I i I I i DZEI= ZLIM= f E.-- H4iH ' Y r t4~oz CITY of DENrON / 215 E. McKinney ! Denton, Texas 76201 J MEMORANDUM 'l 1 DATE: July 25, 19E9 1 TO: Mayor and City Council FROM: Frank H. Robbins, Executive Director for Planning and Development SUBJECT: SOUTHVIEW Council will be requested to amend Southview's Concept Plan and approve its i Detail Plan. Its public hearing and council consideration is scheduled for I August 15th. Additionally, council will decide on Southview's i A's preliminary plat. V PURPOSE The purpose of the work session on Southview, is to brief Council about Southview prior to the public hearing on August 15th in order for staff to prepare for the Council all the information Council will need for its decision making. BACKGROUND One of Denton's longest, largest, and most controversial zoning cases for developments called Lakeview and Southview, was approved on October 18, 1988, after about a two year long process. A copy of the Ordinance (88-166), which established a Planned Development zoning district (PD132) and adopted a concept plan and development standards for Southview, is attached as Attachment 1, According to PD132's adopting ordinance, Piiase I A's detail plans were to be submitted by March 1989. The developer met this time schedule. Detailed review anal plan amendments at the staff level followed until the case was considered by the Planning and Zoning commission on June 21, 1989. j 1 I 1 1 { Mayor and City Council July 25, 1989 Page 2 i During this time the developers conducted several meetings with interested Southview neighbors. As a consequence of staff review meetings with neighbors and the sensitivity of the developers, a number of substantial changes were made to the originally submitted plans. Ihese changes, which are summarized later, also are substantial enough to change the concept plan. If a concept plan is to be changed, it requites Council approval. The Planning and Zoning Commission unanimously recommended approval of the emended concept plan and detail plan at its meeting on June 21, 1939. Since June 219t, staff and the developers have been in contact with interested neighbors who expressed their concerns (summarized later) to Planning and Zoning Commission on June 21, 1989. Attached is a letter from an interested neighbor (Attachment 2). THE APPLICATION Attached as Attachment 3 are the plans and development standards which are I recommended to you by the Planning and Zoning Commission. THE CHANCES Detail plans for the tracts which are not single family tracts are not submitted and no changes, other than their development schedule and a shape change for tract 12, are proposed for them. The development schedule for tract 11, eight acres of multifamily; tract 12, four acres of neighborhood service uses; and tract 15, two acres of neighborhood service uses are proposed for detail plan submission by July 1995 and construction start in ! January 1997. Following is a summary comparison chart of changes from the approved Concept III Plan and the current recommendations. For simplicity's sake, the approved concept plan is noted as 188 and the current recommendation is charted as 189. I " I I i I` I 00 C4 N o ° L< 0 SSII M y i~ ~7 O) LP A w N r-O y w yNi d z t C n a M N Y' - M N •O N '0 N `V N N 'C N w h O d w d H. a Y. zz pa~ Y• b f1 y d W. co rC y 9 d 0 Y, n 0 0 O r• , m n 0 e r- ! - - - D-mo n r• (T 1 A " 'G N 'II N '9 N O 'a N N Z 5 rA - r• C d p Y• d Y d Y Y a Y• 10 n Y Y d r m H 5 r• 3 7 3 0 j 0 -4 0 a = 6 z o 3 ro Y• Y• ~ Y. to H. &I W. 'a n 0 cl Y o R,n ~NNrN1-•M rr x0 m bJ ~F+ a m A 0- m A - A -F, - - - m a A •O N Nr W A r A r ° v~ o r m 5 M m Y ~i r R H A N A N J n N - O 1 A A w r W - N ~ b N Or O A W N ~D N co b iL • P- J W- W m N W c o r~ kp o 0 Y• t. V1 r-. O. `O y m co b r w c id l+ V~ J J m W .D m H .o ~ w o .n O Y w ~p O A A V z !D Q~ N N r-. "l H N d N O~ J N I•+ W m m < z 0 N o w C w w Y F'w m r3 M C Y ro J N ~11J W W A A i♦ w Z R O. N W W Ai Y W m 'y' - H ` O A m N J N w 0 -4 a w Y m n N i, - - - - - - - - - - - - " - - - - - w z - b N O O O O O \ O m I+ A - y m z n r N z m ° ° n ° m N m y 1 r co F+ - q H O J J O J A • r • . ♦ ♦ z M M O M O M O M O y M O co • R O X rt 0 r* O R O rt O r•r d H.z 0. C J J m J d • O O O J O m 1 Y• et 0M 0 M0 MUr Y MbrO R r ~ fl. O R O R O - R O- - - R O--- A • h J 0 O N ° p/ H L1 O O O O y O an d x • . - M •[Q~ y7 y ~ D O O O y O ~ - rn o J z rn b o 0 0 0 0 at co H 3c z - 4. rd] O Vr lJr N Y tT ~ y Q ~ II . ~ N 9 Y I r Mayor and City Council July 25, 1989 Page 4 t LAYOUT CHANGES The configuration of several tracts have been changed as shown ty the acreage changes on the "comparison" chart. These changes are a consequence of the following: 1. Lakeview Blvd. between tracts 16 and 12 and tract 17 is moved to avoid a dense grove of trees. Tract 16 is larger, accordingly. 2. The flood plain of the Pecan Creek tributary is protected, adding 15 acres of open space and substantially lowering the number of units and density previously authorized. The detail plan shcws 162 fewer single family lots ` than authorized by the concept plan. The school/park site is enlarged by 9.1 acres. The open space is proposed to be maintained by the homeowners. 3. Tract 1i, neighborhood service is shaped differently, but the acreage f remains the same ai four acres. 4. Tract 14, called SF10, while having 8) fewer lots, a lower density, and an average lot size of about 11,000 square feet, has smaller minimum lot sizes and lot dimensions. ` OTHER CHANCE fj The previous ordinance required 1111 for tae school site to come from Lakeview 14 Boulevard's excavation. This requirement is proposed to be removed, allowing fill for the school site to come from anywhere. ` NEIGHBORHOOD CONCERNS Kevin McCormack's letter is attached. Fe has requested that Street K in tract j 16 be moved further to the west and that the buffering plan agreed to by the developers along Swisher in tract 10 be part of the adopted detail plan. Street K'6 location meets our ordinance standards. There is no buffer plan in i Southview's detail plan in this area. Residents of Sl:ady Shores, who owe homes in the Hidden Valley Airpark, have objected to the neighborhood service use oeing so close to their houses. The developer has scheduled meetings with the airpark owners. The Planning and Zooing Commission, having heard these concerns, made no recommendations for change at this time. Hidden Valley homeowners have indicated that they would be writing to Council. I` iNFRASTRUCrUKE Streets. 1. No improvement schedule changes are proposed. 2. All streets are shown on the detail plan and preliminary plat. LJ z Mayor and City Council July 25, 1989 Page 5 3. Creek Crossing Drive, in the north of tract 14, is cal de sated temporarily in Tract 15. 4. A traffic signal schedule and a pro rata cost sharing plan is proposed as follows: RMB Realty, Inc. will pay their proportionate share of the cost to construct the traffic signals at Lakeview Boulevard and Street B/P, Pockrus Page Road and Creek Crossing Drive based on an independent traffic study engineering study that es`ablishes the need and justification based on T.M.U.T.C.D. signal warrants 1 through 8. The proportionate share will be based on the traffic generated by RMB Realty, Inc. Developments as a percent of the total: RMB Realty, Inc. will pay their proportionate share of the independent traffic engineering study. 5. A boulevard landscaping plan is proposed. DRAINAGE The main Pecan Creek tributary floodplain is protected and will be channelized only where Lakeview Boulevard and Creek Cross Drive cross it. Preliminary drainage plans nave been approved by staff. WATER AND WASTEWATER The preliminary water and wastewater plans are attached and have been recommended for approval by P a Z. The Public Utility Board has recommended that the City participate in ovefsizing. The developers may be required to pay for only what their I development generates a need which includes oversizing. Prioz to final platting, an oversize agreement would have to be approveed by City Council. The Public Utility Board's minutes are included. PRELIMINARY PLAT I Planning and zoning Commission has recommended approval of the preliminary plat. I CONTENTS: Attachment 1 Ordinance 88-166 Attachment 2 McCormack letter Attachment 3 p.3-1 to p.3-2 Detail Plan J p.3-3 to p.3-311 Development Standards I Attachment 4 'dater and Wastewater Plana P.4-1 Public Utility Board Minutes i~ p.4-2 Water and Sewer Utility Plan I I i 1 ~J r Mayor and City Council July 25, 1969 Page 6 Attachment 4 p.4-3 Wastewater Collection Site Plan (Regional) p.4-4 Water Distribution Site Plan (Regional) ;.4-5 and p.4-6 Preliminary Water and Sewer Plana Attachment 5 p.5-1 and p.5-2 Preliminary Plat Attachment 6 p.6-1 and p.6-2 free Survey Attachment 7 p.7-1 to 7-13 Planning and Zoning Minutes l rank Ro~4nsk wp xci Alexander Bascom 32778 3 F I I 1 i _J A#aehnttn~ l NO.;GaL~- 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 17.1 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 8A-180 (PD-88)i REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 49.41 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 84-181 (PD-89)s PROVIDING FOR A 1 C"%NGE FROM AGRICULTURAL "A" TO PLANNED DEVELOPMENT "PD" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 348 ACRES OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN: PROVIDING THAT THE LAND INCLUDED IN PD-88 AND PD-89 AND THE LAND HEREIN REZONED BE INCLUDED IN AND BE A PART OF ONE NEW PLANNED DEVELOPMENT DISTRICT (PD-132); PROVIDING FOR THE APPROVAL OF A NEW CONCEPT PLAN FOR THE 414.9 ACRES OF LAND INCLUDED WITHIN THE NEW DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 84-180 and No. 84-1810 the City Council approved planned development districts and site plans for the 17.1 and 49.41 acres of land respectively described therein ` (PD-88 and PD-89); and WHEREAS, RMB, Inc. applied for approval of a change from I agricultural "A" to planned development zoning district classification and use designation for 348 acres of land, as more particularly described herein; and WHEREAS, the land described in Ordinances No. 84-180 and No. 84-181 and the d included in and be apart uofta single planned development dist icti and WHEREAS, the applicant is requesting the approval of a now concept plan for the entire 414.9 acres to be included in the new district: and WHEREAS, on September 14, 19880 the Planning and Zoning commission recommended approval of the request for the change in J zoning and the approval of a new concept plan for the expanded districts NOW, THEREFORE, I I THE COUNCIL OF THE CITY OF DENTON HEREBY 02DAINSs Z-1861/PAGE 1 w &eCspec ~tivelyThiatmposSectng iionscondIitIiaonsnd III of Ordinance 84-180 (PD- of and providing for approval 88), respec a site plan for the planned development district therein created, are repealed. U"LON Ii That Sections II and III of Ordinance 84-181 (PD-89), respectively imposing conditions and providing for the thereinlcreated,lare rep aledr the planned development district fiZ9T V III. That the zoning district classification and use designation of the 348 acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from agricultural "A" to planned development "PD" zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECri_oN_iy That the land previously included in ordinance No. 84-180 (PD-88) and No. 84-181 (PD-89) and the land herein rezoned, shall hereafter be included in and be a part of one new planned development district containir,ti 414.924 acres of land, its described in Exhibit "C", attached her by reference (Southview, PD-1!2). eto and incorporated herein SECT-- IO,i y That in accordance with article 11 of Appendix e -Zoning of the Code of ordinances, the concept plan described as Exhibit "B", attached hereto and incorporated herein by reference, is approved for the 414.924 acres of land included in the district. SECTI---ON y? That the district herein a subject to the following conditioner pProved shall be 1+ I1>tormation for De h, not required to be shown on the concepts plan, ass otherwise was required by article 11 of Appendix 8 - Ordinances, shall be submittewith any detailZonin the c of ledfplan foreany property within the district. _UM 2. Land + The permitted land uses for each detailed plan submitted for any tract of lend shall be as defined or shown siteh plans drequirements efaorp tra tracts concept designatd fore general retail, neighborhood service and community facility nuses stage("nonresid The euseslpr vided forehereinwaived plan nonresidential acts 2-1861/PACE 2 1 a 4 I shall be permitted in accordance with the detailed plans approved for those tracts, in accordance with article 11 of Appendix B - Zoning, as amended. The detailed plans submitted for the nonresidential tracts shall be subject to the following conditions and restrictions: (a) General Retail, For any tract designated for general retail (GR) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tractac / Auto laundry. Auto sales and repair (in building). i Gasoline service station. New auto parts sales stores. Antique shop. Bakery or confectionery ship (retail). cafeteria. Cleaning and pressing small shop and pickup. Custom personal service shop. Drapery, needlework or weaving shop. Florist or garden shop. Greenhouse or plant nursery (retail) Handicraft shop. Household appliance service and repair. Laundry or cleaning (self service) Himeograph, stationary, or letter shop. Hortuary or funeral parlor. offices, professional or administrative. Licensed private club. Restaurant. Retail stores and shops. Studio for photographers, musician, artist or health. Secondhand store, used furniture or rummage sale. (b) Heiqhborhg,od Service, For uny tract designated for neighborhood service (NS) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts3 Bakery or confectionery shop retail. Cleaning and pressing small shop and pickup. Custom personal service shop i Drapery, needlework or weaving shop. Florist or garden shop. Z-1861/PAGE l 1 b ' I ~ l 1 Handicraft shop. Laundry or cleaning (self service). offices, professional and administrative. Retail stores and shops (4,000 square feet or less). Studio for photographer, musician, artist, or health. (c) Community. F•C Ilty. For any tract designated for a community facility (CF) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts., Art gallery or museum. Cemetery. Church, rectory, or institution of religious or philanthropic nature. Public or private school, college, or university. Child care facility. Hospital, nursing home, or residence home for aged. Park, playground, or public community center { Public building for governmental use. Other similar uses approved on detailed plan. 3. Park_or School sites. Tracts 8 and 13, designated for park or park and school sites on the concept plan, shall each be respectively conveyed to the City, free and clear of all liens or encumbrances, upon approval of the first final plat approved for any tract of land included within the particular phase of development in which the designated park or park and school site is located, as shown in the concept plan. So as to provide for a building site on Tract 13, excess soil material excavated during the construction of that portion of Lakeview Boulevard located in the same phase of development as Tract 130 shall be placed upon Tract 13 in the quantities and locations approved by the City Engineer. A minimum of three contiguous acres outside the 100-year floodplain shall be provided in Tract 8 prior to conveyance. 4. Road Utility Distric - No road utility district shall be created or utilised to fund any construction of any street located rithin the planned development district herein defined. SECTION VIZ. That the Zoning Hap of the City of Denton, ! Texas, adopted the 14th day of January, 1969, as an Appendix to the f Code of Ordinances of the City of Denton, Texas, under Ordinance e i Z-1861/PAGE 4 i i -14 i i i F y 1 Vb No. 69-1, as emended, is further amended to show such change in the zoning district classification and use designation for the property described in Section III of this ordinance. SECTION VIII. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4- day of 1988. RAY ST Bo MA R ATTEM am"LA-i J I WALTERS0 CITY SECRETARY APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY I /V1! 14 t r~ i Z-1861/PAGE 5 w tP I I I EXHIBIT "A" I 1 (1 of 51 LEGAL OfSC+1lPrION SE+NG A TRACT TV LAND 51rL1rED IN M E ;;OEON uALKER SURVEY, ABSTRACT NO 1330,CENTCN CO"Nrf, Ec=S :',p BEING > DGDTI:N :F r,AT CERTAIN TRACT OF LAND AS DESCRIBED BY DEED TO NEAL i, 'I'4NEA! -C :ND 511 TI'-'4=4°-'•~p -ND RECORDED IN CEED 401,0t 488, PAGE 579, C%%rr 7EC:DDS, CENT:N •EO5 -'•D BEING "CRE PARTICULARLY DESCRIBED BY METES AND BOL',DS %S ahL:WS: CD"ENCING %T s I%C-i +R:', a:% 9.00 AT THE SOUTHWEST CJRNER OF SAID TINNERELL: rA C', S.10 DOINr BEING IN TAE '..RrmERL0 RIGHT - GF-WAY LI4E OF SMAOY SNORES ROmO; rwcNC E S 9a 4' :6' E +L; NC r-•E SOUTHERLY LINE OF SAID TINNERELLO TRACT, 4L;NG T-E ORTMERLY RIGHT-„F-.IA0 LINE CF SAID SHADY SHORES ACAD AND GENERALLY ALONG A FENCE 149.x1 rcET TO A 5 8 INCH IR:N RCD alrH CAP STAMPEC "CARTER L BURGESS" SET, THE D:I',r OF BEGINNING OF T"E +EREIN OESCAISED TRACT, SAID PCINT BEING THE BEGINNING CF NG%. r4NOE4T CJR.E TO T41 LEFT: r , 1 r4%N(! ALONG SAID NON-TANG!41 CLRVE TO THE LEFT, LEAVING THE SOUTHERLY LINE OF SAID i C rINNERElLO TRACT ALSO t4! NORTHEALY RIGHT-OF-WAY LINE OF SAID SHADY SHORES ROAD AND TH. FENCE LIVE, Iv + %0RrmEASTEA0 DIRECTIOh THROUGH A CENTRAL ANGLE OF 02' 15' 51" A RADIUS OF 997.00 FEET, N ARC LENGTH OF 15,45 FEET AND A LONG CHORD OF N l5' 46' 26' E 15.45 FEET r? A 5,8 1,4-4 IRON 400 o rm CAP STAMPEO "CARTER A IURZESS'' SET; 6 i THENCS h 14 18' 30' 571.69 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER L BURGESS" SET AT rME SOvr"EALO LIVE OF M. K. 9 T. KAILROAO RIGMT-OF-WAY, S.AID,POINT BE IhG THE BSiINNIhG :r L '.ON-rANGENr CURVE TO TWE RIGHT; 1 THENCE ALCNG 5417 '.CV-T=h;ENf CURVE f0 THE RIGMT AND ALONG SAID AAILAOAD RIGHT-OF-,iAf IN A SOUTNEASTEAL► DIRECTION rHAQUGH A CENTRAL ANGLE OF 04' S7' 22". A RADIUS OF 1442,53 FEET, %N ARC LENGTH OF 114.92 FEET AND A LONG CHORD OF S 59' 27' 05" E. I=4,J8 FEET r: A S/8 INCH 6404 ROD .ITH CAP STAMPED "CARTER t MGM" SET; THENCE S 14' 18' 30' W. LEAVING SAID RAILROAD RIGMT-OF•WAY, 539,45 FEET TO A 5/8 INCH I!ON ADD vITK CAP SfAMPEO "CAR IER i SURGE $%I' SET, THE SIG INN ING OF A CURVE To THE AIGHT; THENCE ALONG SAID CURVE TO r4l RIGHT IN A SOUTMWESTEALY DIRECTION THROUGH A CENrAAL ANGLE OF 01' 25' 45", 4 "IDIUS 7F 1017,00 FEET, AN AMC LENGTH OF 2S-17 FEET AND A LONG CHORD Of S 15' 21' 02" W. 25.11 FEET TO A 5/8 INCH IRON ADD WITH CAP STAMPED "CARTER S S1IRGESS" SST IN THE NOR MEALY RIGMT-OF-WAY LINE OF THE AFOREMENTIONED SMAOY SMOAES ROAD, ALSO THE SOUTHERLY LINE OF THE AFOREMENTIONED TINNEAELLO TACT ANO ALSO A FENCE LINE; THENCE N 80' 14' 06" y,-ALONG THE NOATMEALY RIGHT-OF-MAY LINE OF SAID SHADY SNORES ROAD, ALONG THE SOUTHERLY LINE OF SAID TINNERELlO TACT AND GENERALLY ALONG A FENCE LINE, 120.83 FEET TO THE POINT OF 1E4INNING AND CONTAINING 1.111 ACHES OF LAND, MORE OA LESS. Z-1861 -1- : e % 4 4 I~ e I ~ I r 1 l.i:'Z .+y Y:n EXHIBIT "A" (2 of 5) liller of rcx:s F C F. L f 1 I r I r a r ,Ill that certnin tract or parcel of road situAted in the Nilenn 'InlVer survey, AhAtract !lurrller 1330 and the 'l, Durhnri Survey, Ahstract 'lnnlier 330, Pont,an rnirnty, rexns, and heinq all of a called first and second tracts 'lescr1herl in n deed from George M. flopkins to Ceorre 'I. 4op'ti"s, Jr., et nl, ns recorded in Volume 414, page 65, Deed Records ins] nil of tract described in a deed from 'l.J. Rod,ly, recorded in Volrme 13113, pnee rill, Deed Records and all of a tract described in a fleed to Irynn David Sr+ers and 134rhnrn JeAn lavers, Volume 1069, page 1119, rkerl 'lecnrds nand all of n tract described in a deed to Steven A. ilingins, et six. Volume 1510, page 31, Seel Property Records and all oC 13 tract described in a decd to Virginia Lee Jnwler, Volume 4S6, page ill, itcf,,rl locnrds, .ind Al of A tract described in A deed to DOvid l>. l Vnu ;h, Vnlrnln 'I'iej, pt+nr. 921, Ik erl tecarrfa and part of n trot[ Ir described in z derd to PA'piond Lee Grimes, Volume 1411, page 654, ReAI -1 property Records and part of a tract described in a deed to L. Fulton, , Vol+:mq 242, pnr;e 424, Deed Records of said Denton County. Texns rind heinq more fully described as follows: Deginninq at n steel pin near the south line of Pnckrus Road where it intersects with Swisher load and being the southwest corner of sold George Hopkins first tract; 'rhence 4orth 00 doarees 06 +ntnutes 04 seconds East with the center of Swisher Road and with the west houndnr7 of $Aid tract a distance of 1520.87 feet to a mteel pins Chence 'forth 97 deprens 50 minutes 58 seconds East along and near a fence a distance of 1335,56 feet to a fence corner; Thence I;orth 00 deyroes 41 minutes 35 seconds Eost o distance of ` 320.13 feet to a 2t}-inch Oak tree; Monte Vorth rx) dn.grees 08 minutes 31 seconds hest a distnnce of 1165.92 feet to a steel nini llience tlnrth 0) dogrees 33 ninutes 17 seconds west n distance of 1130.29 feet to an "x"-tie for A fence corner; Thence North 99 deo,roes 29 minutes 03 seconds East a distance of 1261.49 test to a steel pine Z-1861 E -2- Ir 1-W a` l t J,0.1-1628 continued EXHIBIT "A" (3 of 5) pnge 2 thence '7nrth 0U degrees 40 minutes L6 seconds 'test a distance of 93.55 feet to nn iron pin and the start of a curvo to the rigtht whose radius is 1440.0 fes:r.; Thence with said curve n distance of 552.92 feet (Centrnl anyLe 22 de;roes 00 minutes W seconds, chord distance 549.33 feet 'forth 10 degrees 10 minutes 4% seconds r,3.-%t) to an iron pin and the end of said curves Thenco `)orth 11 -I-mrees 19 ninnies 44 seconds I.nst o distance of 409.49 foot to om iron pin, and beinq on n line of a tract shown to the City of Dallas and recorded In Volume 212, page 501 of said Deed Records: i / 11 Thenco quuth 70 dr+{tees 46 minutes 39 gecond+ fn,-qt with avid City of Dallns line a distnnce of 250.1) feet to a concrete !Monument Number P-237-11 and on the east line of sold Gideon Walker Survey and the west line of 4jaid 14. ihrrharn SurvnyM 'Thence Saath 24 degrees 35 minutes 32 scondf~onaumenta?ludistance o t 1164.14 teat to U.S. Army Corps of Engineers f for a cornert Thence North 79 detrees 33 minutes 36 seconds East a distance of 244.92 feet to U.S. Army Corps of Engineers donunent !lumber P-235-N for a cnrnerM rhenco South 53 degrees 01 minutes 38 seconds FAst a distance of 477.87 feet to U.S. Corps of F.nginoers lhnument Uumber P-234-N for a cornert ' 'fhence South 41 delress 03 minutes 34 seconds East it distance of 385.97 feet to U.S. Army Corps of Engineers Ionument Number P-233-Ail for a enrnerl - J Thence South 41 degrees 32 minutes 37 seconds Past a distance of 302.15 feet to U.S. Army Corps of F.ngUreers Monument Number P-233-U ' for A cornert Thence South 30 degrees 25 rnidutes 39 seconds hest a distance of 1 359,62 feet to U.S. Army Corps of £nginaers Monument Number P-232:4 for a cornert C i Z-1881 -3. R$CEIVED JAN 1 rn ' J'/ Y I 1 e•V r C EXHIBIT "A" (4 of 5) J-0•$4528 continued rage 3 fherico South 51 degrees 09 minutes 25 seconds 'Test a dlstnnce o for f -rifeet to rl,q, army corps of Ennineers Ironument lumber I'-13t-'1 1 for .r corner; Thence Sngth 23 lenrees 32 minutes 35 seconds vest a distnnce of 247.97 feet to U.S. Army Corps of Engineers Idonument 4umher P-230-10 for a corner; Thence South 99 degrees 66 minutes 109.91 feet h7 secomJ's West a distance of to .8 fence post for a corner, said point being in the west i line of said 14 Durham Survey and the east Surveys side of said Gideon Walker r~ Thence South ±+0 -lecree.q 23 ntn Ine of 1j. utos 51 seconds !?sa t a rilstnn<e of laid west 11ae6of fSntd aGideonh Alker Surveyito an iron plnlm Survey and the asst Thence 'nuth 0) dr.grees 03 minutes 62 17;17,55 feet n1onQ the raid west line of 'the 't, Ilurhers Survey and the diaidstnna of beln,, the e lAuthenat corner oflssidSCeorgstyse,caunds tlopki sunnet Su n rve said point Thence South 99 deyreos 05 minutes 22 seconds Nest along and nenr a fence and with the south bounder line of said Geogs N, a distance of 3550,65 feet to Point of Se innini, Hopkins Survey acres, A , con teininq 301,913 i I i . ~ 2-1861 1,9 RECEIVGu JAN 1 1 1`3 r i I I 4 ,p r: LEGAL DESCRIPTION r EXHIBIT "A" (5 of 5) All that tract of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas, said tract being that 44.710 acre tract described in a deed to Oak-Scott Five, Ltd. as recorded in volume 1112, Pags 448, Deed Records, Denton County, Texas, said tract being more particularly described as followu BEGINNING at the northeast corner of said 44.710 acre tract, being a point in Page Road; THENCE S 02' 08' 53" W. 2168.42 feet to a point to the northerly right-of-vay line of the M. K. 6 T. Railroad; r THENCE N 45' 40' 33" W, 278.93 feet aloof said northerly - right-of-way lice to the beginning of a curve to the left; THENCE 761.02 feet along the arc of said curve to the left and along said right-of-vay line, through a central angle of 260 28' 39", whose radius is 1542.93 feat, the long chord of which M bears N 59' 55' 02.3- W, 759.15 fe at; { THENCE N 74. 09' 32" W, 213.79 fat along said right-of-vey line to a point] THENCE N 02' 26' 18" E, 1586.69 fat to a i point In said Page Road; THENCE S 87. 16' 20" E, 1077.59 feet to the POINT Of BEGINNING and containing 44.710 acres of land. III` 4 i 1 I i J-10 1 I or low EXHIBIT "B" CONCEPT PLAN FOR SOUTHYLEW, COSSISTING OF: 1. Conceptual Site Plan (l page); 2. Development Standards (4 pages); 3. Summary of Zoning Restrictions (6 pages); 4. Phasing Schedules (23 pages); and r S. Utility Exhibit 0 page). k F I Z•1861 1 J T-W 1N ~ANp ~MMAAr - I r i r 'f. ' - _ A • it i. r i, VTr . . a 's r 1 .lip, IhFM; , ~ R • I SOUTH VIE W KAWAO CgVrpy W, -ie Iv !y\~elra • GG.. ~"~rrr. r.a .u rr~r.~~ Ic R.VII r~''~r ~ \~'1 A r r~,rNr ~rM ~ I~O~r•.,FwM Sl r~ r V h M An1~r~M«NrY N.~ 1 f) 1 1 M i f e DEVELCPnENT STANDARDS CONCEPT PLAN 8-26-88 1. Stacrmrnr of Intent of Owner: leW Planned Development (PD) is a provosed m1Ked use development With rrs arnclai and o en s ace land uses. The develo meet content is to response to: the phvsi eiatio- nshi? )f the site to Lake Levisville• tom atibilit and diversity ui Land uses rovidin commcnit housin em to went and commercial activit balance of III III spacelgreenbeles L tc__ns or system u land usesseverlsystezdt fimproved 6 sanitary r viding improved vacec int as well as providing park 6 school facilities for the region, 2. Statement Indicating Relation to Denton Development Guide: Souchviev Planned Develo went PD ro o a u ion i ensic from the revious a owe So t v v PD. The tention is a ualit development for the De ton Develo :cent Guide. n in aceo dance W Denso Total Nu moat of Accts in Proposed District: i 414.9 acres i c. Land Uses and Tool Nuambec of Attes in Each Parcel Or TC&Ct: 302.8 N j a. Single family Detached J 10.6 o. 50914 FdAily Attached (townhouses, cluster, etc.) C. Attached Patio/Garden/taro Lot Line - d. Duplex 16.0 c. Nu1ti-ram ily f. Office q, Nrtgr.oochood Secvlee 6.0 12.0 n. General Actall 1. Coaunacclal - 3, Light Inlustrlal _ k, Heavy lnduateial 18.0 1. Other (specify) Park School/Park 10.0 Community facilities 3,0 Major ROW 24.6 11.9 Collector ROW Total 414.9 Ac. f~ I m ~ ~~13 s 3 L t Se„ ?aqe 14 5. Cff-seta lnformatioo - Adjacent or surrounding land uses, coning, streets, drainage facilities, and other existing cc Proposed improvements. (Sncvn an concept cc detailed plan.) 6. Traffic and Transportation - indicate existing and proposed streets, F4rK:n9 lOta. loading areas, access Points. (Shown on concept or-deeo"44 plan.) Protected Traffic Generation. (Based on traffic study, if required.) Refer to traffic study report _ 7. Buildings: a. Approximate location. (Shown on concept at detailed plan.) b. Maximum height: Shown in Suaa:ary on Concept Plan C. Minimum setbacks: (Shown on concept or detailed plan.) Shown on Summary of Zoning Restrictions i I d. Maximum gross floor area (square feat) for nonresidential: Shown in Summary On Concept Plan I I I I 1. Residential Subdivision: a. Numbac of units per acre Idensity)t Shown in Summary on Concept plan n. Numbec and location of loss: (Shawn on concept oc detailed plan.) To be shown In detail plan c. Minimun else# width and depth of to a r (Sbovn on concept or detailed plan.) Shown in P.D. Zoning Rastriction Summary d. Mlni>tua froet, side tad teat yard setDatkit (Sbova on Concept cc detailed plan.) 1 Shwa in P.D. Zoning Restriction Sumesary I I i i I I i --r: -T I T-1 :e.el.:p.:en: S: once:: w r page 3 r 9. Water and Drainage - approximate location of all existing cc proposed creeks, ponds, lakes, floodpliins, other vater retention or mayor drainage facilities utility and improvementS. (Shawn on plan.) i 10. Utilities - location of all major sever, racer of electrical lines and facilities. (Snc.n on concept wcIeeoeV-sd plan.) Il. Location of cream 3' in diameter - six (a) feet from ground level. (Shawn on concept or VocepoW plan.) Tree masses are shorn on the concept plan. Derail tree location is requested to be valved until detail plan review and approval process. 12. Open Space - location and size of gfee"*Its, parks, common and recreational areas. A (Shown on concept ocadaoeomed plan.) The locations of major parks and greenbelts are indicated on the concept plan Further detail will be shorn at the time of preliminaryplatting and detail plan review and approval. 13. screening - location, e 1 yp. and size of all fences, Derma or screening features. Mown on concept omdisiomutmd plan.) Not applicable at this time. It is requested that detail screen design be f waived until detail plan review and approval ! V i i ~ 11. D welopsent Senedule (concept plan) - showing specific date detailed plan will 4 be submitted, date to start conscsucclon and complete construction, and rate of development. All daces should indicate month and year, See actachmeet for Development Schedule i AODIT2()NAL 11L4()IIILi¢NTS !'OR A OLTAILLD PLAN 15, Landscaping Plan - major festucem and types of landscaping to be timed, Not applicable at this time. It is requested that detail landscape architectural design be made a requtr+memc of the detail plan review and approval process. 4 i w L B Oewelo,~ae~t Scandaraa '4 page 1 i f j 16. Signs - snow location, type And size on detailed plant otnecw)se, signs must conform to Article 17 of the toning'Ordinance. `tot applicable ac this came. Any on-premise signs not in conformance with Article 17 will be described on decailed site plan as to location, size and cype. 17. Sidewalks. Ishown on detailed plan.) Noe applicable sc this time. It is requescaj chat sidewalk locacioas be waived until detail sic*. plan review. 11. All informacion required for preliminary plat in accordance with Appendix A (Denton Development Cole) of the Code of Ordinances. (A separate plat is tequlred.) 19. Development Schedule (detailed plan) - Indicating start and completion of construction and the rate of development. All dates should indicate santb and year. See attached schadula. Additional schedule information will be submitted in conjunction with detail plan and preliminary plat approval. i r I I i AD 3/11 i G e8/28/88 ( Revised 10-13-88 1 SUMMARY Of ZONING RESTRICTIONS - SOUTHVIEW , EMT E=W7=7AW-A riOT lltt JE►TIOI'woM COVERAU~ eLLG YAA M, NqA a~L Erl SaE REAR lAn PANnr 0 KOOK OPEN LCIif PERSON SO R. (SCRRE Si FAA IT4r11 rANp rAAp PrDu. a SPACE PER X. foln.i VAAO POsf, PI iA (A OW Si ACJiE Pis O N PUY SCORE PMtr-q 47.0 IOAOO Ef. 2125 7414 NA 7 NA 70 10% ,0 ENCLOS NA J! 741 7] &&AMA fAA"-7 704.4 1,000 S.F. 40 . 114 100 so 7511 030 IPARCEL to M4 C NA 7J tOf 10 1 ENCLOSED NA ' 4,NOLt PA+llr-14 n/ - 43 lDO so 7.000 j 14000 0f. 26 . Y4 I" to U14 NA 7 11A M ~ in 70 7ENCLO0E0 qA 71 7! h_ V i t CUJ01G NoYEE 10.0 NA 141 WI m 8414 PIA 7 ,a ►wt lV 1i 1 W1FfAAttY N,0 NA NA "A KA E►ARAf Io ENCLOSED 1'0 0 44 or 070 i 4014 /IA 0 NA 70 f0'Y0E PAM f0 1.14 L0 I0 440 7.4 1.000 DoYNumrn rACISnr s'4 NA NA NA NA 40% 104.01E NEA7HORD00 0 0.4 Be NA 10 V726 S.F. NA NA NA NA NA OEAIAt! 0.4 NA NA IN NA 4014 260.040 7 Os/ 70 I w Io u7oo lf. NA NA NA NA lu OE►ERAL WTAL 17.4 NA NA WA NA lot CN,ftO : 1O 70 PrA 10 1/700 S.F. NA NA NA NA NA Ik*00LIPAR11 0.0 NA NA NA NA NA NA MA NA NA NA NA PARK ".a NA - - NA 14.• MA NA NA NA KA %A NA kA NA NA MA NA NA NA NA 10.0 NA NA NA NA YARN KO, W. 8U NA NA NA MA _ NA HA NA NA NA NA { NA NA NA NA NA NA NA I COLLECTOR 110.W. to NA NA NA NA NA NA NA NA NA kA NA NA AN NA NA NA NA Ow.+.NrUwrCr4,rn D.'Wv,,rq l.... rrrlti _ J4.4 1.407 1A 40 NNArAr NMI q IL R~Pr Ir Mr ~ rwO larpr _ I I I I 1 ; T, r low E a i I~ 1 I 1 } 1 I III I c V >~a f ~oo~ I, I to m r SWISHER ROAD N 'TI - - - I mA l E of iavewwA f {v r r. N ti c 0c w ` 2 2 l .n O Sol itop~rty LMa 80' 80' BO' 80' 80' Mar m 30' &1. Z • N N Et 1 X: ,r x Yh 20' B.L. a F 4 g" 04 I-L, LOCAL BTAEETA (60' P.O.W.) I 1 II 1 I •e 1 I I gcv eo, so, eo' 80' i ' l • I • 90' - ~ ~ a I B.L. (II W N ' I > . : IA 2 0' 20' B.L. fA • D LOCAL 8TREET$ (60' R.O.W.( i 20' B.L. 7 IN 90' S.L. 30' B.L. 90' 4.. 80 80' 80 80' 1 I I I I I I f f F k i l r. 00' 80' 80' 90' z s0'S.L. x a j O rm.. LOCAL STREETS (60' R.O.W.) 0 - ' 126'x_. 126W z /0'S.L. % 1, m a;: ri IK g! ` I .~Tt 4 r r F ' oil t } u ro or -o . • e • e y ae p k. N1 0 ON r~ ~aa um < ~ ~ f (t=1 ~ M v m 4 26'B.L. y Xr ' N N ® LOCAL STREETS I60' R.O.W.. - Z 10'B.L. 11 r ANA 0 ;i < r n 1 I I 20 ALLE WITH 12' PAVIN0 6•q - 20 B.L. m0 ox . C• + 1 ~ D 4 ' ON 30' 30' i O 0 I I _ _ I i I F I i i I. SOUTHVIEV ADDITION SUBMITTAWREVIEW SCHEDULE 8-26-88 Submittal to the City of Denton for it Consideration by Planning 6 Zoning Commission and City Council Transportation Improvements Plan March 1989 P.D. District Detail Concept Plan March 1989 Utility/Drainage Improvements Plan March 1989 Phase IA - Detail Plan/ Preliminary Plat March 1989 Phase IB - Detail Plan/ Preliminary Plat January 1991 Phase iI - Detail Plan/ Il Preliminary Plat January 1993 I f E~ C&A Na. F187008001 s-z3 O I a SOUTHVIEH ADDITION DEVELOPMENT PHASING SCHEDULE (8-26-88) 2 of Site Plan Development Phase Acreage Tracts Project Submittal/Review Start IA 164.7 it thru 14 6 43 March 1989 July 1989 16 thru 18 18 89.1 6 thru 10 i 23 March 1992 July 1992 15 11 124.9 1 thru S 34 March 1994 July 1994 I 378.7 Acres E E I I i I i I I CAI Ito. 1167008001 1 1 I I ROAD PHASING SCHEDULE s PHASE IA TRACTS - 11, 12, 13, 14, 16, 17 (see Tiqures S and 6) Build Lakeview Blvd. as a two-lane roadway from Z.H. 35E to Meadowlark Provide signalisation ati Lakeview and I.H. 399 Southbound Service Rd Lakeview and I.H. 368 Northbound Service Rd Lakeview and shady shores NOTEI A connection between the Southview Developm4nt and Meadowlark Road, just south of Tract 14, will not b4 made until Meadowlark is improved to a driveable standard. i i I II 1 I I I i I I 1 PECAN CARIK s COLORADO EIVO. i it i i I 1 3 14 12 Ib 9 17 FIGURE a LEGENDC Developmental Phasing Pbm to Phase IA • 8outhvlew Development Oar Phua . r „wr ~w SLAGG F LAKE LEWISVILLE McSIMMEr HLLS i 111104 COLONAM 1 LSOBNI): tt+ O . All • Sl~asl FIGURE 6 LUJ Oavelopmental Pha~tnq tJ Ph@" I A Improvements ~-a7 I F low V I • PKASE IB TRACTS - 6, 7, B, 9, 10, 15 (see Figures 7 and S) - Build Lakeview Boulevard as a four-lane, divided roadway from I.H. 35E to the northern boundary of Tracts S and 7 NOTE: Colorado will be built as a minimum of two lanes from Lakeview Boulevard to Tract 7. I a f I I t I ` PtCAN CKaaK I { l~pyy ~ COlOlIAgO •1V0. b 10 9 8 l5 s FIGURE 7 LWEEKa Developmental Phasing ❑ Phase IS Phase IQ Southvlew Development mother phew i j-. T-F f I C i f i I , KwY jj0 aioa ~ 1 LAKE LEWISVILLE yus M~KIN N(Y R 110K r ~ yi i ' i I i I I ~ I COL0aw LEGaN Cr Road lm9to4NFalaail t1 twoY *soot$ F10UAB 8 oevetopmental Phasing Phase t s Improvements ~-3o r I r I i • PHASE II TRACTS - 1, 2, 3, 6, 5 (see Figures 9 and 10) - Extend Lakeview Boulevard as a lour-lane, divided roadway from Tract 5 and 7 to Pecan Creek - Build Meadowlark as a lour-lane, divided roadway from Lakeview Boulevard to I.H. 35E - Construct right-turn lanes att Lakeview and Meadowlark, wastbound to northbound j Lakeview and Z.H. 35E Northbound Service Road, southwestbound to northw•stbound - Construct left-turn lanes at: i..akeview and I.H. 35E Southbound Service Road, southeastbound to northeastbound - Widen I.H. 35E overpass at Lakeview Boulevard to 5 lanes II I M M i i i 1131 w l /ICAM GIIIK 2 3 i 4 COLOIIADO •LYO. i 5 i ~ J F)r R/T 9 1 4 FIGURE 9 LEGEND Developmental Phaslniz It Pha$* 11 Southvlew DevNopmsnt Odw Pala i a 1 I wwr 71~ LAKE 1 LEWISVILLE 1 ~ctiNNlr ~iLL! 1 YOA!/ ~ 1 I i i t i COLON ACO _ LEGEND. Road Improwmsal 1 Tura Loaf ? FIGURE 10 Developmental PGaNnp 1 Ph&" II improvements 1-33 1 f II , I e Build the bridge over Pecan Creek e PHASE IIIA TRACTS - 32, 33, 34, 33, 36, 37, 38, 39, 40s 41 (sae Figures 11 and 12) - Extend and widen Lakeview to six-lanes from I.H. 35E to the northern and of Tra.t 33 - Provide signalisation ate Lakeview and Colorado - Construct right-turn lanes ati Lakeview and McKinney, eastbound to southbound Lakeview and I.H. 35E Northbound service - Construct loft-turn lanes ato Lakeview and McKinney, northbound to westbound - Widen I.N. 30E overpass at Lakeview Boulevard to 7 lanes NOTEt McKinney Street (FEM. 426) is assumed to be built to the designated thoroughfare standard of four lanes, divided. E NOTEt Signalitation and widening to a five lane section of Meadowlark Road at I.H. 36E is assumed. i h I j I I nn I P t i «~00 l5 23 n I 18 f YIIN ~ I 19 22/ coon 28• CJ1INK i 30 32 31 3u 33/ 5 38 37/ 40 39 41 e PICAN CASIX AxEvuw LEGENd OlY 0. FIGURE 11 ❑ PhWe II[A Davolopmsntsl Phasing ~Odw P1uw Phase INA Laksvlow OWalopmsnt ~J~ i y r r Ynii+ ~ O V `i LAKE LIWISYILI MLL! M(I(INWY W0484 f y~ I .r 1. . . LSOBND: ,3+• . I •a:: :tL,•: Road tsprowsaal' !y till i h Tara Laze J'' S~saal w wov seals u Brid~a 9rIGURE 12 Developmental Phasing Phase Nt A Improvements I E ^y O • PHASE 1118 TRACTS - 27, 28, 29, 30, 31 (sea Figures 13 and 14) Extend Lakeview Boulevard from Tract 33 to Tract 22 as a six-lane, divided roadway Construct right-turn lanes ats Loop 288 Bypass and I,H. 35E Northbound Service Rd, southbound to northwest- bound Loop 288 Bypass and Z.H. 35E Southbound Service Rd, northbound to southeast- bound i I i 1 J I ` I i i a 'F 2 -3~ low Y •1 R. river 340 ILAGO 15 23 18 UILLS 19 22/ 27 coorEa 28~ ?IIfIK I i 1 30 29 32 31 3 3/ 336 8 37~ 40 ►iOAA CR99X 39 41 I AR1VI1N BLVD. L OENI> FIGURE 13 Developmental Phasing LJ Phw SiiB Phase Ills Lakeview Development 0t1W Ph"" j 1 J r r a P# 4 y z I I MwV. $00 ra f r ~1b1 a~ ~ _ \VI 6 LAKE Lawlsv~llc lrl MC 41 NA1l i L i• YON ~r'+' i I i 1 04LOilAD* i i - LEGEND. Road lroproroaroaol h Tura Lou momosqsom FIGURE 14 DwNopmsntsl Phasing phase III a Improvements Z -3 9 i • Build the bridge over Cooper Creek e PHASE IVA TRACTS - 1, 21 3, 4, S, 6, 7, 8, 9, llr 18, 19, 20, 21, 22, 23 (see Figures is and 16) ff - Extend Lakeview as a six-lane, divided 1 roadway from Tract 22 to U.S. 780 - Provide signalization ati Mayhill and Elagg Mayhill and Mills Lakeview and Blagg Lakeview and Mills Lakeview and F.N. 426 - Construct right-turn lanes atr I Lakeview and U.S. 380, eastbound to , southbound Lakeview and McKinney, southbound to westbound Lakeview and Colorado, eastbound to southbound Lakeview and Meadowlark, wastbound to northbound Lakeview and Shady Shores, southbound to westbound - Construct left-turn lanes ati Lakeview and U.S. 380, wastbound to southbound Lakeview and McKinney, eastbound to northbound Lakeview and Colorado, eastbound to northbound Lakeview and Meadowlark, southbound to sastbound NOTEt McKinney Street and Mayhill Road are assumed to be built to their designated thoroughfare standards. NOTEt Hills Road and Stagg Road are assumed to be driveable. Future study mgy be required if they are not in an acceptable state for motor vehicle use. i -vv L-j r r r 5 6 8 9 .3f I1 tLA40 15 ~ 23 ~ I !8 20 F MILL! 19 ` 22/ cooret 28/ c>tttr< i _ 30 32 31 3336 8 37/ 40 39 41 rtC" eeuK ~ Axtntw LEOENV. RlOURB 16 nvo ❑ Phut IVA Developmental Phasing Phase IVA ■ 0%tw Phaws ` Lakeview Development i € r, t MMY710 yw. r 1 •L140 a a. / LAKE t IEWVSVIILE WC9 hpwV M~k - Nils Wall ~4 i i I ~ I oora7AOo `4',f spa Road Iraprovariast Turf Lose Shoal Smay a,"I Bridge FIGURE 16 Oevolopmantal Phasing Phm IV A • Improvarnania e • PHASE IVB TRACTS - 12, 13, 14, 151 16, 17, 24, 25, 26 and all remaining tracts (see Figures 17 and 18) - Construct right-turn lanes ati *Mayhill and McKinney, northbound to eastbound, southbound to westbound Loop 288 and S,H. 35E Northbound Service Rd, northwestbound to northeastbound Construct left-turn lane at: *Mayhill and McKinney, westbound to southbound NOTE= If the bridge across I.H. 358 is not widened, than .'I additional studies should be submitted prior to advancing in the sequencing scheme. NOTEi If Loop 288 Bypass is not built, there would not be any major impact on the transportation system caused by the Southview and Lakeview developments. I * Prior to the development of each tract of land, a detailed plan, meeting the requirements of Article 11 of Appendix B- Zoninqq of the Code of Ordinances, shall be submitted for city Council approval, after recosmendation is made thereon by the Planning and Zoning Commission. Concurrent with the submission of the first such detailed plan, a Transportation improvement Plan addressing these specific traffic improvements necessary to serve this entire phase of development, without altering the improvements associated with Lakeview Boulevard, shall also be submitted and approved. ~I 1 I ~ I I , i 1 J I 3 C 1. @LAO* 15 13 2 !6 14 23 17 17 41 18 25 t, MILLI lq 2b 22~ E 28' I 30 32 31 w 36 38 37/ *40 39 41 nQAN CAUK LEOEt4D A«iv14w FIGURE » swo. Pha NH Developmental Phooing .otter PUNS PhoN IV@ i • LNcovlow Development 1-~~ i L1 i = I Y 3 . NW'f. !10 S r ap~ O LAKE LEWISVILLE me K 140441 M $ALL$ W-4 ♦r LODUMAM LEGEND: a i f'1 Tara Late 'lot * To be Datarmlaad Later Mbv S"1 FIGURE 18 D.volopmentar Phaalno PhA" tY i Impfovomtonta I LL 1 or. 1 I Jar , , eve.. to I4 ~ wr I ti• m Lee' +1,r k J ewY . Y.Y. Y. Y. ~ f • _•_r...Y_Y. F C f ~..~wYr.Y ro•rr 'y'j YYY• rr w Yr r DY. rw r..Y.r.r r-N I Y i I 4 w"jTV RI .O, SOUTH V IE W r h~M~E p,vl.n/Y~M ~V, M W l~""Nr .r~ r wrr r.wHrr uu.,Yr HrYw, V . . r • Nr Y.Y.wr YI ..r. .1M.,S1"v r~• U Hr, M.. %r r. r. .NYY qlY AA ~ AN nw.Y►rM IV M. • II r• 1 r,r • ~ rT 1rYM QT l e r 1 A' i EXHIBIT "C" (1 of 9) 87.0020.82 Carter & Burgess 08 June 1987 Southview Planned Development FIELD NOTES All that certain tract or parcel, or land situated in and being part or the Gidcon Walker Survey, Abstract Number 1330 and the William Durham Survey, Abstract Numbcr 330, Dcnton County, Texas and being more fully described as follows: Beginning at a U.S. Army Corps or Engineers Monument P-237-W, said monument j being on the east line or said Gideon Walker Survey and the west line of said William Durham Survey, and the northeast corner or a tract or land shown by deed to RMB Land Company, Ltd. and recorded in Volume 1851, Page 928, Real Property Records and the north corner of a tract of land shown by decd to RMB Land Company, Ltd. and recorded in Volume 1820, Page 261 or the Real Property Records, Dcnton County, Texas; Thence South 21 degrees 53 minutes 14 seconds East, along the northernmost east line or said Rh113 tract (Volume 1820, Page 261), and a western line of said Garsa- Little Elm Reservoir, a distance of 1164.14 feet to a U.S. Army Corps of Engineers k hlonumcnt P-236-W; Thence North 82 degrees IS minutes 54 seconds East, a'cng the southern north line or said RMB tract (Volume 1820, Page 261), and a western line of said Garna•Linte Elm Reservoir, a distance of 244.92 feet to a U,S. Army Corps or Engineers Monument P•235-W; 1 Thence South SO degrees 19 minutes 20 seconds East, along the east line of said RMB tract (Volume 1820, Page 261), and a west line of said Garza-Little Elm Reservoir, a distance of 477.87 feet to a U,S. Army Corps of Engineers Monument P-234-W; Thence Soulh 38 degrees 21 minutes l6 seconds East, along the east line or said Rh1B tract (Volume 1820, Page 261), and a west line or said Garza-Little Elm Reservoir, a distance of 383.97 feet to a U,S. Army Corps of Engineers Monument P•233-AW; Thence South 38 degrees 50 minutes 19 seconds East, a distance of 302.15 feet to a U.S. Army Corp, or Engineers Monument P•333-W; i E t 1 ~rL r ~ 1 J r F 3 1 o I i C EXHIBIT "C" 12 of 91 1.0.*87.0020 B2 continued page 2 Thence South 33 degrees 07 minutes 57 seconds West, along the east line of said RAIB tract (Volume 1820, Page 261), and a west line of said Garza-Little Elm l~ Reservoir, a distance of 359,62 feet to a U.S. Army Corps of Engineers Monument P-232-W, Thence South 53 degrees 51. minutes 43 seconds west, along the east line of said RMB tract (Volume 1820, Page 261), and a west line of said Garza-Little Elm Reservoir, a distance of 681.09 feet to a U.S. Army Corps or Engineers Monument P-231-W; Thence South 26 degrees 14 minutes 54 seconds West, along the east tine of sald RMB tract (Volume 1820, Page 261) and a west line of said Garza-Little Elm Reservoir, a distance of 247.87 feet to a U.S. Army corps of Engineers Monument i Number P•230•Wsaid monument also being the southeast corner of said RMB tract, I and a point in the north line of Hidden Valley Airpark Association, Inc, and f recorded In Volume 351, Page 410 of the Denton County Deed Records; 4 Thence North 87 degrees 30 minutes 55 seconds West, along the south line of said RMB tract, (Volume 1820, Page 261) and the north line of said Hidden Valley tract, a distance of 715,38 feet to an iron pin, said pin being in the west line of said W. Durham Survey and the east line of sold Gideon Walker Survey; said pin also being the southwest corner of said RMB tract (Volume 1820, Page 251), the northwest corner of said Hidden Valley tract, and a point In the east line or a tract shown by deed to RMB Land Company, Ltd. and recorded In Volume 1900, Page 50 of the Denton County Real Property Records; l Thence South 01 degree 33 minutes 48 seconds West, along the east line of said Rb1B tract (Volume 1900, Page 50), and the west line of said Hidden Valley, the west line of said W. Durham Survey and the east line of said Gideon Walker Survey, a distance of 765.46 feet to ea Iron pin; said pin being the southeast corner of said RMB tract, and the northernmost northeast corner of a tract shown by deed to RMB Land Company, Ltd. and recorded in Volume 1791, Page 117 of the Denton County Real Property Records; 1 { i 1 J p a EXHIBIT "C" (3 of 9) 1.0."7'0020.B2 continued page 3 Thence South 02 degrees 33 minutes 36 seconds West, along the east line of said RMB tract (Volume 1741, page IIT) and along th I. and the west line of said Hidden Valley tract, west line of said W. Durham the Survey and the east line of said Gideon Walker Survey passing at 1737.40 feet a found Iron pin for the northwest corner of a tract shown by deed to RMB Land Company, Ltd, and recorded in Volume 1814, page 365, continuing pi along said course, o total distance of 1188.55 feet to an iron n; said iron pin also being the southeast corner of said RMB tract, (Volume 1791, Page 117); I Thence North 88 degrees 12 minutes 20 seconde of said RMB tract (Volume 1791, Pa)a 117 Chaparral Estates (unrecorded, continuingt s West, along the south lint 2. nor coi along sold course and the nor h line of said Chaparral Estates, along and near a fence part of the way, in all a 10181 distance of 2676.26 feet to an ell corner; said ell corner also being the northeast corner of a tract shown by deed to John Powell Walker as recorded in Volume 1685, 1 Page 689 of the Real Property Records of Denton County, Texas, and in a north. south public road; i Thence South 02 degrees 57 minutes 33 seconds West, along said road, the east line of said Walker tract, and the west line of said Chaparral Estates, a distance of 1070.37 feet to an angle point i Thence South 01 degrees 21 minutes 09 seconds West, along said road, and the east line of said Walker tract, a distance of 1150,19 feet to an ell corner; said corner also being the northern southeast corner of said Walker tract; i Thence North 86 degrees 41 minutes 58 seconds West, along the northern soutt, line of said Walker tract, a distance of 205.16 feet to an ell corner; Thence South 00-degrees 05 minutes 06 seconds East, along the eastern west line of said Walker tract, a distance of 422.57 feet to an ell corner on the north right- of-way line of Shady Shores Rood; { ~ 1 I 1 i IF, low F e r I 9j S EXHIBIT "C" (4 of 9) J.0.0087.0020.B2 continued page 4 Thence North 86 degrees 31 minutes 21 seconds West, along the south line of said Walker tract, and the north right-of-way line of said Shady Shores Road, a distance o Point f 587,37 feet to a point in the east right-of-way line of the M.K. & T. Railroad; said r+~ central being a point on bearing 2387,22 feet, a 14 degrees 44amicurve nutest04tsecondts hand a chord radius distance of North 38 degrees 32 minutes 30 seconds West, 612,22 feet; Thence in a northwesterly direction, along said curve to the left, the southern line of said Walker tract, end the northeastern right-of-way of said MK, & T. Railroad, an arc length of 613.91 feet to end of said curve; Thence North 45 degrees 54 minutes 32 seconds West, along the southern line of said Walker tract, and the northeastern right-of•way line of said M.K. & T. Railroad, a ` distance feet a radius of 1542.93 feet. a a cenpoint of curvature of a tral angle of 12 degrees tangent 17 minu es 39 1seconds, handna chord bearing and distance of North 52 degrees 03 minutes 22 seconds West, ` 330.44 feet; Thence in it northwesterly direction, along said curve to the left; the southern line G of said Walker tract, and the northeastern line of said M.K. & T. Railroad, an arc length of 331.07 feel to an angle point; j Thence South 14 degrees 38 minutes 30 seconds West, crossing said railroad, it ce of 644 feet airadius of 1017.00 to a cenitral ante of 01 degrees 25 minutes to the right OS secondshand na chord bearing and distance of South IS degrees 21 minutes 02 seconds West, 25.17 feet; Thence In a southwesterly direction, along said curve to the right, an ore length of 2S.i7 feet to a pgjnl In the north right-of•way line of sold Shady Shores Road; Thence North 80 degrees 14 minutes 06 seconds West with the north right-of-way of f Shady Shores Road a distance of 120.83 feet; I I ~ I _i-~o tE f 1 EXHIBIT "C" (5 of 9) 1.0.0087.0020.82 continued page 5 Thence in a northeasterly direction, along a curve to the left, an arc distance of 35.45 feet, radius of 897.0 feet, central angle or 02 degrees 15 minutes 51 seconds to the end or said curve, c lord bearing and distance of North 15 degrees 46 minutes 26 seconds East, 35.45 feet; Thence North 14 degrees 38 minutes 30 seconds East, crossing said railroad, a distance of 676.31 feet to a point on the northeastern right-of-way line of said M.K, dr T. Railroad and the southern line of said Walker tract; said point also being a point on curve of a tangent curve to the left, having a radius of 1542.93 feet, a central angle of I1 degrees 34 minutes 39 seconds, and a chord bearing and distance of North 68 degrees 36 minutes 12 seconds West, 311.24 feet; Thence in a northwesterly direction, along said curve to the left, the northeastern right-of-way line of said M.K. At T. Railroad, and the southern line of said Walker tract, an are distance or 311.77 feet to a found Iron pin for the point of tangency of j said curve; ~ i Thence North 74 degrees 23 minutes 31 seconds West, a distance of 215.79 feet to the southwest corner of said Walker tract; i j Thence North 02 degrees 12 minutes 19 seconds East, along the west line of said Walker tract, a distance of 1586.69 feet to a found Iron pin for the northwest corner or told Walker tract; Thence South 37 degrees 30 minutes 19 seconds East, along the north line of said Walker tract, a distance of 1077.59 feet to an angle point; Thence South 99 degrees 23 minutes 13 seconds East, along the north line of said Walker tract, a distance of 310.85 feet to an ell corner; said corner also being in the j center of Swisher Road, and the west line of said RMB tract (Volume 1791, Page 117), Thence North 02 degrees 48 minutes 22 seconds East, with the center of Swisher Road and the west line of said RMB tract (Volume 1791, Page 117), a distance of 1504.82 feet to a Iron pin; said pin also being the westernmost northwest corner of 1 said RMB tract; 1 I a i I F V t EXHIBIT "C" (6 of 9) M.07.0020 B2 continued page 6 Thence North 02 degrees 48 minutes 22 seconds East, with the center of Swisher Road and the west line of said Rb1B tract (Volume 1791, Page 117), a distance of 1504,82 feet to a iron pin; said pin also being the westernmost northwest corner of said RMB tract; Thence South 87 degrees 26 minutes 44 seconds East, along and near a fence, and the , southern north line of said RMB tract (Volume 1791, Page I17), passing the I southwest corner of a tract shown by deed to L. F. Powell and recorded in Volume 853, Page Il4 of the Denton County Deed Records, continuing along said course, in all a total distance of 1633,56 feet to a fence corner; said fence corner also being an ell corner of said RMB trait, and the southeast corner of said Powell tract; Thence North 03 degree 23 minutes 33 seconds East, along the northernmost west I line of said RMB tract (Volume 1791, Page 117), and the east line of said Powell tract, a distance of 320,18 feet to a 20-inch Post teak tree; said tree also being the northernmost northwest corner of said RMB tract (Volume 1791, Page 117), and the southwest corner of a tract shown by deed to RMB Land Company, Ltd, its recorded in Volume 1811, Page 546 of the Denton County Real Property Records; t + Thence North 02 degrees 33 minutes 27 seconds East, along the west line of said RMB tract (Volume 1811, Page 346), and the cast line of said Powell tract, a distance of 1166.92 feet to a iron pin; said pin also being the northwest corner of said RMB tract, the northeast corner of said Powell tract, the southwest corner of a tract shown by deed to Virgins Lee Vaughn Fowler and recorded In Volume 1636, 840, by Pageeed to RRCJacReal obs endeL.S. Willards~anan the drecordedtin southeast 1310, Page 110 of the Denton County Real Property Records; Thence North 02 degrees 28 minutes 41 seconds East, along the west line of said the feet Fowlto arfence for er post.said fence corner pot also being the northwest corner of s corner of Oreen aid Fowler tract, the northeast corner of said Jacobs 8t Willard tract, the southeast e Estates recorded Volume County Plot Records, and the northern southwest cornet of, atroot ~howf shown by deeds to RMB Land Company, Ltd. as recorded in Volume 1876, Page 190 of the Denton County Real Property Records; h t t C k I t a , I i EXHIBIT "C" (7 of 9) I 1,0.k87-0020.82 continued page 7 Thence North 01 degree 59 minutes 53 seconds East, along the west line of said RMB tract (Volume 1876, Page 190), the east line of said Green Tree Estates, the same being the cast right-of-way line of Ash Lane, passing its northeast corner, the same being the southeast corner of a tract shown by deed to George Stanton, conveyed on 01 March 1974, continuing along said course, passing said Stanton's northeast corner, the same being the southeast corner of a tract shown by deed to Robert W. Beene, conveyed on 20 March 1969, continuing along said course, a total distance of 806.45 feet to an x-tie for fence corner; said x-tie also being the northeast corner of said Beene tract, the northwest corner of said RMB tract, and in the south line of a tract shown by deed to Raymond Lee Grimes as recorded in Volume 1411, Page 654 of the Denton County Real Property Records; Thence South 87 degrees 48 minutes 39 seconds East, along the north line of said RMB tract (Volume 1876, Page 190), passing its northeast corner, the same being the northwest corner of RMB tract (Volume 1876, Page 190), and along the south line of said Grimes tract, a distance of 1201.48 feet to a point in the west right-of-way line of said proposed road; said point also being North 87 degrees 48 minutes 39 seconds west, 60.00 feet from the southeast corner of the remainder of said Grimes tract, the same being the southwest corner of said RMB tract (Volume 1831, Page 928); Thence North 02 degrees 02 minutes 02 seconds East, 60 feet westerly of and parallel with the west line of said RMB tract (Volume 1851, Page 928), the same being the east line of the remainder of said Grimes tract, and along the west right-of-way line of said proposed road, a distance of 83,39 feet to a point of curvature of a tangent curve to the right having a radius of [500.00 feet, a central angle of 22 degrees 00 minutes 00 seconds, and a chord bearing and distance of North I3 degrees 02 minutes 02 seconds East, $72.43 feel; Thence in a northeasterly direction, along said curve to the right, an arc length of $75.96 feet to the point of tangency of said curve; Thence North 24 degrees 02 minutes 02 seconds East, along the west line of said proposed road, to a point in the north line of said Grimes tract, the same being a line between U.S. Army Corps of Engineers Monuments P-239-W and P-238-W, a distance of 696.01 feet; s t t r V EXHIBIT "C" 18 of 9) 01 f,0,087.0020.B2 continued page 8 Thence North 82 degrees 52 minutes 52 seconds Eest, 110,19 the north line of said ` Grimes tract, and the aforementioned U.S. Army Corps of Engineers Monument, a r distance of 6.98 feet to a U.S. Army Corps of Engineers Monument P•23g•W; I Thence South 68 degrees 04 minutes 16 seconds East a distance of 309,20 feet to the Point of Beginning and containing 416.902 acres of land. h t i j r Cr f i I + I i i , EXHIBIT "C" t (9 of 9) r J.0,*87.0020.B2 continued I page 9 87.0020.113 Carter and Burgess 08 June 1987 " LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT" All that certain tract or parcel of land situated in the Gideon Walker Survey, I Abstract Number 1350, Denton County, Texas; said tract being shown by deed recorded in Volume ;536, Page 840, Real Property Records of Dentoo County, I Texas, and being more fully described as follows: I I Beginning for the southeast corner of the tract being described herein and being the southeast corner of said Volume 1636, Page 840, Real Property Records; f Thence North 87 degrees 04 minutes 54 seconds West a distance of 223.51 feet to the u southwest corner of said Volume 1636, Page 840, ;teal Property Records; ~ Thence North 02 degrees 24 minutes 40 seconds East a distance of 386,75 feet to the f i northwest corner of said Volume 1636, Page 840, Real Properly Records; 3 Thence South 84 degrees 47 minutes 20 seconds East a distance of 225.59 feet to the northeast corner of said Volume 1636, Page $40, Real Property Records; Thence South 02 degrees 23 minutes 02 seconds West a distance of 377.72 feet to the Point of Beginning and containing 1.97,' acres of land, and laving an area of 414.924 acres of land. M i i tl I' a G~trn e n~ ~ 1989 July 13 Mr. Ack Bascom RMS, Inc. 201 Main St. Suite 2460 Ft. Worth, Tx. 76102 Dear Ack: I wish to congratulate you and your staff on obtaining the approval of P-2 on the Southvlew detail development. I also have some concerns that 1 would like to "iron out" so that we may give you our full support with the City Council. Number one concern Is that 1 do not want Street "K" fronting my backyard property. This street Is too close to Swisher North for safety and regulation reasons at any rate. I suggest that street "I", "F" and "J" go through to PockruslPage. City staff also agrees that there are no reasons why street "K" access cannot be moved west. Secondly, we wish that the agreement we made concerning landscaping (photines, etc.), be filed with the city, right along with the Swisher South as well documents. will be able her South. We ask this ssopthat the city w l h to enforce this stipulation now and down the road, should any main- tenance problems arise. We thank you and appreciate your attention to these matters. Good luck'. Sincerely, kwK Kevin K. McCormack Rt. 7, Box 108A Denton, Tx. 76201 J i /sk { Dept. - 215 E. McKinney cc: Frank Robins - n ton, Tx. 76201 De i D. Craig Martin - Suite 2420 - 201 Main St., - Ft. Worth, Tx.76102 11 J 'l i ATTACHMENT 3 3 rflilll~llI f;~III 110; I ' IIl! u 1 Pilo ~ _ J I/', I. 41 tea.! ~ N , , d. •.~~I rY 1 a_ / Y 1 Iii y ' , • ~ F j~ ~ J A ~ 1 ~yy{ 11 C I I ~ . ~.a^Ltn_ _-^--~,r,.•r r~"T~T'r ` L r• 1 ~ ~ % y t CC , i 1 ~ I r" s t I f ~ l • ~ ~ yi t P • I ~ ~ ~ ;pl I" 4 414 71 'I I I! '"vim f•. ` ~ 1-• L'•t' . ~ 1~ 1 , ~ ,t I ` 1 ~ Vim", 1 r 1"~ v ~r1• ~ ( • , 1 1, j• f , . .a . ' 1 14 kill •r ,f " I•~A 1 ~i4. ~`1 '•~il~~. it Y j , s wwla` fwo CCII if! J~1 ijl ` Y`-A. ~ 11~ ~'f ! i r ~ ~ ill ~"r,,. iiE :i`~.. ! s 4 Ilill iE Qf I ID II F,~ << III a I fl ~ t-coa,-U 1 ~N ~ "^•~.~''t'..~'~I~ ~ ili-._---- IOUflltltW NAOd/10M-__.I~~_ ",_,..I ~r~~~J 3-1 r- -AAW y F t w, ( ~ J, ~ L 1 r IC IIS~I ` C , F , na+ tf/ 11 I r Al A. ..At • r ' , , iii •s ~r ' r F i r s I ~ i~il ~ 1 111 ` ~ F t ( . ~ I I 1 I i 1 ~ III , ~;.J , r 1 ~r .1~-• j~ A~ ~.I '1~ 'l_r +r r .d i r e \ fill fr a E! ' tfi ~ k \ ~I 'ir 0-0 lOUtNVIlW AODILION ' ' - - . N N •••'1 Y. 'SJ,r.3Y° Rl Wool. III" 3.-2 'I z I n ~ 1 DEVELOP MLNT STANDARDS CONCEPT PLAN 7-26-89 1. Statement of Intent of Owner: :Lev planned Development (PD) is a proposed mixed use development with rat:ueucial and open space land uses. The development concept is in response to: t,r physical relationship of the site to lake Lewisville: corpatibility and diversity Or land uses: 2rovidLng commcnity housing employment and commercial activity; balance of transportation system w/land uses• public safety wh mproved access b ctrculaci.0 ro- viding improved watgr 6 sanitary sever systems, and maintaining open space greenbelts , as well as providing park b' school facilities for the region. 2. Statement Indicating Relation to Denton Development Guide: 4 Southvtev Planned Develoomunc (Pp,) 2roposts & reduction in density from the previously approved Southviev PD The intention is a quality development for Denton in accordance with the Denton Development Ggld e. 1. Total Nuroer of Acres in Proposed Districts 614.9 acres I i. Land Uses and Total Number of Acres in Each Pareel Of Tract: ' Total Proposed Acreage a. Single Family Detached 243.7 o. SLngle Family Attached (townhouses, Cluster, etc.) 10.6 to Attached PAC10/Carden/94ro Lot Line I d. Duplex e. Multi-Family 16.0 f. office g. Neighoothood Seryiee 6.0 h. general Detail 12.0 to Commercial LLghc Industrial k. tlesvy Industrial 4 1. other (specify) Park 1810 I School/Park 19.1 Community Facilities 1.0 Major ROH 24.6 Collector ROW 11,9 Total 414,9 Aa, 3 -3 r 1 r a: F t Page•2 5. G!f-Site Snfocrostioa - adjacent of surcounding land uses, soning, streets, dcashage facilities, and *that existing or proposed imptovements. ISnc►n on conctot of detailed plan.) i. Traffic and Transportation - indicate existing and proposed streets, parking lcts, loading areas, access points. (Shown on concept or-V#Q "*S plan.) Projected Traffic Generation. (lased on traffic study, it requiced.) Rafer to traffic study report 7. .iildings: A. appeoximace location. [Shown on concept or detailed plan.) D. Maximus height? Shown in Summary On CdnCeRt Plan C, Min Mimi setOacKer (Shown on cons pt or detailed plan.) Shown on Summary of Zoning Restrictions d. Maximum gross floor area tsquare feet) for noncesidentsali Shown in Summary on Concept Plan - i. Residential S6zdlvislon1 to NumOer of units pet gets (densitylr Shown in Sumary on Concept Plan o. N"Der and location of lo M (Shown on Concept or detailed plan.) To ea shown in detail plan c. Minimum sire, width sad depth of lotst (Shorn on concept or detailed plan.) I Show in P.D. 2odial RastriCtion Summary I d. Mlnimam feomts side and 9441 yard a4ehmckll (shown oa concept of detailed plan.1 Shawn is P.D. Untol 1V4triction Sumury I jj I ( I r II I E ;;arelo;.cea. 5:an:at. Page 7 ` 9. Water and Drainage approsieate location of All existing or proposed creeKa, ponds, takes, floodpleins, other voter retantlon or melor drsinsge facilities utility and tsprcvsmeats, (Shorn on 000"iw-vood6o6o"dc plan.) ~M 10. utilities - lccatton of All malor sever, Water or electrical lines and faCilltteS. (Snc.n on concept oaL0ecV*Z*d plan,) t 11, Lo ut&on of trees 1' ►n diameter - xis (a) feet from ground level. (Shevn on concept or Veoe09*4 plansI free masses are shown on the concept plan. Deeail tree location is requested to be waived until detail plan review and approval process. 12. Open space - location and sire of greenbelts, parks, common and recreational aceas. { Ishovn on concepc 000deoe0mvd plan,) The locations of mrlor parks and greenbelts are indicated on the concept plan. Further detail will be shown at the time of preliminary-platting and detail plan i review Lad approval. 13, Screening - location, type and sire of all fences, berms or screening features. (shown on concept 00045004ams! plan.) Nor applicable ac this time. It is requested that detail screen design be w_alved until detail plan review and aooroval I 11. Development Sonedule Iconcepc plan) - snowing specific date detailed plan will be submitted, date to stact construction and complete construction, and rate of ) development. All dates should indicate month and year. j See Attachment for Davalopmaot Schedule i ADOMIOML 9l;QUTAtMM FOR A MAILED PLAN 154 Landscaping plan - syyoe features and types of landscaping to be used, _Not applicable it this ciao, Ie is requested that detail landsespe architectural desien be made a raguteeneet of the detail plan review and approval process. is I oevelopoenc Standacaa page a 5 16. Signs - show location, type and sire on detailed plans otherwise, signs muss conlocs to Acticle 17 of the toning'Ordintr.ce. ` -Not applicable at this rime. Any on-premise signs not in conformance with Article 17 will be described on detailed site plan as to location, size and type. 17. Sidewalks. IShown on detailed plan.) Not applicable at this cime. It is requested that sidewalk lOGatlOna be waived until detail sits.plan review. 11. All information tequlted for preliminary plat in accordance with Appendis A (Denton Development Code) of the Code of Ocdininces. (A separate plat is requiredel r~ 14. Development Schedule idstallad plan) - Indicating start and completion of construction and the care of development. All dates should indicate month III and year. Sea attached schedule. Additional schedule information will be, submitteA in conjunction with detail plan and ptaliminarv plat anorocal. I I ~ • I~ ah 1N7 1 3-~ 1 J I 1 z t x 8/28/88 (REVISED 10/13/88) (UPDATED 6/11/89 ) SUMMARY OF ZONING RESTRICTIONS Spy ~yrJ DIITFICi NET MIN LAID AREA Tr+ICAL IN LO IN LD MAX iUIL0140 MA% 1 DEtI(adAT10N ACRES PER UNIT LOT SIZE DEPTH WIDTM DAVE Rie gt pp X M MAX MIN AN TIDE MIN RF IN IA11N1 MIN OPEN UNITS + MAX PFAa trORIE9 F.AP fRONT YARD ARD P/DU ORN TOTAL E _ 60 FT YARD SPACE PER 1R/1TS PEA -L /aF OF PA IACAEII ACRE DU POP S 1 11,000 AYQ!!I IINGLE FAMILY-10 Is $ Ia,7a0 a,R- 10 X 17 100 41 H 3V is, too LF, I NA I N.A 10 101. 10 t ENCL 06ED NA !.1 4!! 1.1 7/! tIN(t4 FAMILY-1 109.1 7.400 tF. DO % 100 100 Il 05% HA ! (PARCEL NS I NA 15 iw4r. { 11.1 10,000 Sf. !0 % as 100 10 1 ENCLOSE NA 1.1 400 1.0 E700 UNCLE FMOL Y-10 10 al>. NA 0 N,A 40 10''• 70 1 ENCL09E N. 4e A ae ! 1 114 f y QLtSTEA IA)hEa 10.4 HA N.A KA HA $11% N.A. } HA 20 1 , 1 n / f` I 10' MIN I W MAATI-FM10.Y U y.0 HA NA HA KA 10`: NA a HA 40 SEPEAATION W ENOLOSED 1.0 a as !.7 !!e 1 IQ'- MIN OONA4M17V IEFFTION 10 1J! Lt to 100 4.4 1,000 j FACKITIE4 10 NA N,A KA NA 4V tae, 110 W10110AHOOD 0 0.1 10 KA 10 1/100 I F. KA OEIIVICE 101 t0 NA KA N.A KA KA NA kA ALA <V IOS,OaI 1 OIS 10 10 10 11000 RF. KA kA KA N,A N.A. OFNFAIIL NE JAIL 110 NA kA NA HA 10>. 111, }Ja ! t.0 40 N.A. 10 1/100 IF. HA KA NA NA NA 90`XOL/PARK 1a,) kA NA NA NA NA NA NA NA NA NA N.A NA 10,0 KA NA kA kA FMK 1P NA NA NA kA J NA N.A N.A NA NA I KA KA N,A 110 KA NA NA KA MAJOR A 0 W 11.4 NA NA NA NA y~ N.A KA NA NA KA NA NA OOIIECfM P.O.W 111 NA HA KA NA HA NA I 1 - N.A NA NA NA NA _ _ r NA NA NA NA NA N.A NA N.A .A TorALtW 4149 KA N A N M t}4CAA0V 01A rOw Ot VSI OIKNi D1'A' LoW IN,LMi r, M[AI MI I, 'Ai11 I't^ DA♦ I a31 ACAI A,>E - a/ e 1 -e6 1 AVh _ _ 47 1~ 1 Ao! iL M1 iwir H *CAD AM ADOi}i0r•A MITI, IV" To !MA IPgt;. 1; 0[1All ALAr 10 M /L.lMrrlD LATIA PMILM, 10 Al V11L0 CCvaLOA,t Ar IOIMAI 1 I 1 r ~ i i c DEVELOPMENT STANDARDS DETAILED PLAN I June 21, 1989 1. Statement of Intent of Owners Southview Planned Development (PD) is a proposed mixed use development with commercial, residential, and open space land uses. The development concept is in response to: the physical relationship of the site to Lake Lewisvillej com- patibility and diversity of land uses; providing community housing, employment, _ and commercial activity] balance of transportation system with land uses; public _ _ safety with improved access and circulation] providing improved water and sanitary sewer system; and maintaining open apace greenbelt as well as providing park and F school facilities for the region. 1 2. Statement Indicating Relation to Denton Development Guides The intention is a quality development for Denton in accordance with the Denton If Development Guide. I 3. Total Number of Acres in Proposed Districts 'I` Ih 203.3 acres. II I 4. Land Uses and Total Number of Acres in Each Parcel or Tract: j Total Proposed Acreage a. Single Family Detached _ 163.6 E b. Single Family Attached (townhouses, cluster, etc.) -0- c. Attached Patio/Garden/Zero Lot Line -0- d. Duplex „U- j e. Multi-Family -0- f. Office -9 g. Neighborhood Service -0- h. General Retail -0- i. Commercial _0- J. Light Industrial i „0_ ' k. Heavy Industrial -0- I. Other (specify) School/Park 19.1 l Major R.0.W* 20.6 TOTAL 203.3 I~ 1 3-9 1 r` a Development Standards Page 2 a 5. Off-Site Information - adjacant or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed improvements. (Shown on detailed plan.) See adopted detail plan or preliminary plat. 6. Traffic and Transportation - indicate existing and proposed streets parking lute, loading areas, access points. (Shown on concept or detailed plan.) _ See adopted detail plan or preliminary plat. _ Traffic signals shall be located at the following: Lakeview Boulevard and 1-35 Service Roads, Shady Shores Road, Streets B/F, Pockrus Page Road, and Creek Crossing Drive. The signals shall be installed when warrants are met as specified by KUTCD, revised September 18, 1988. When warrau~ are met an independent traffic study will be performed to determine the traffic generated M I by RMB Realty, Inc. developments as a percent of the total. The petitioner will pay their proportionate share of slgnalization costs. , { Projected Traffic Generation. (Based on traffic study, if required.) See Traffic Exhibit (Attachment 1). j 1. Buildings: a. Approximate location. (Shown on concept or detailed plan.) b. Maximum heights i See "Summary of Zoning Restrictions" on adopted detail plan (Attachment 2) c. Minimum setbacks: (Shown on concept or detailed plan.) See "Summary of Zoning Restrictions" on adopted detail plan. i - ~ d. Maximum groa9 floor area (square feet) for nonresidential: See "Summary of Zoning Restrictions" on adopted detail plan, I 8. Residential Subdivisioni a. Number of units per acre (density): 1111 See "Land Use Summary" on adopted detail pi ~ (Attachment 3). b. Number and location of lotat (Shown on concept or detailed plan.) On. detail plan. c. Minimum size, width and depth of lots: (Shown on concept or detailed plan.) See "Summary of Zoning Restrictions" on adopted detail plan. I 3-9 j I Development Standards Page 3 d. Minimu., front, side and rear yard setbacks; (Shown on concept or detailed plan.) See "Summary of ZoatnaRestrictions" un adopted detail plan. 9. Water and Drainage - approximate location of all existing or proposed creeks, ponds, lakes, floodpiains, other water retention or major drainage facilities and improvements. (Shown on concept or detailed plan.) See attachment 4. 10. Utilities - location of all major sewer, water or electrical lines and facilities. (Shown on concept or detailed plan.) See attachment 5. i 11. Location of trees 10" in diameter - six (6) feet from grcund level. (Shown on concept or detailed plan.) See attachment 6. 12. Open Space - location and size of greenbelts, parks, common and recreational areas. (Shown on concept or detailed plan.) Shown on preliminary plat. Zo be owned and maintained by the developer and/or the F _ homeowners per the Declaration of Maintenance Covenants (Attachment M, It will be developed for passive uses only which may include one or more of the ^followings bike trailst hiking trails, open fields, picnicking, and other similar passive recreational uses approved by the Development Review Committee. 13. Screening - location, type and size of all fences, berms or screening features. (Shown on concept or detailed plan.) Per Southview Planned Development Ordinance and City of Denton Landscape and Tree Preservation Ordinance. See attachment 8. 14. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and cimplete construction, and rate of development. All dates snould indicate month and year. See Attachment ly. 3-/0 i d i V Development Standards ~p Page 4 4 ADDI N ONAL REQUIREMENTS FOR A DETAILED PLAN 15. Landscaping Plan - major features and types of landscaping to be used. See exhibits (Attachment 10). Additional landsca in per City of Denton Landscape and Tree Preservation Ordinance. 16. Signs - show location, type and size on detailed plan; otherwise, signs must conform to Article 17 of the Zoning Ordinance. Article 17 of the Zoning Ordinance. 17. Sidewalks. (Shown on detailed plan.) 18. All information required for preliminary plat in accordance with Appendix A I (Denton Development Code) of the Code of Ordinances. (A separate plat is required.) V 19. Development Schedule (detailed plan) - indicating start and completion of ` construction and the rate of development. All dates should indicate month E and year. See Attachment t9. i Ij I 2S60j/10 3-11 T Flow xx S 'E r_ PIT rT TT Hill ntira►oawawwnovcWINtnAN~i SOUTNVIEW ADDITION-SECTION ONE ' I qq 1 r . ►NASS to AND SRACI "Of PHASE n j 1 ` rrruy s.•rw r+. r+q. iii I iJf:'1 I ~ j` ananfiaaa OronlnlALwaO `1 E' 1 Min u. Fi, i'H 2+? SCUM b ~Mp1 •IDM~ r.... nnr ~73~ sn r.w_n .«wrr►w..~w. rr. M'.1 ~'•..ru..,„pr L 3 r r... r. rw rw.r M w . rw. rr W. LN.01 WIU Apy { ATTACHMENT 1A { 1 ` T ir low r l Y T-T-J_T-T-7 7T-T-r -7-7- 1~ I. \ '40 wpm M~ I ! t I y I ~ _ GR![k OROM[N Dlln[- -J f I ~ r c, 1 ft I v l .RD tl Ll_L1.1 _[_J. L1--LL 1 "Iwo M G0RY9ktCN % r 111I1 I . owe ~ I I I I I I ~r ~ I ~ fRNK WWRAT" IDW IMYI 1 ' WONR GIGNMII hIM 1YTYbIM MNlMMN RR,Y ~II [iRFFT OL[MkTI ROTFf--'-.-...... NMYYNRWnr,YY M1R1 I.- - f ' TIANSFCMtSQIO/i IMEROYEAIENf ►lAN ~I , I - I N ^ M1 SOUTHVIEW AD017ION SECTION TWO . tC. PHASE IA AND 72ACT N CO PHAR h J [MY1.f1 YH ~W MMM MMM YGYk. gym. IOTFF I1~ - . n•.,, i ~ 0w14Rr0GMIbRGR [Mdl[FRfIR4RRR! ! r 111 _r =Na ~ Y11f41t FF fYK1lfYmyl. YE I.Ift qf. l.Y TM1Y 1 N WEQM [Nltl • w Zn'~ r,r IpV•iwniiiu•i'illin raTiavbi ivu fn ik IT ( (Rl ~ r., "~=".1A':~r ~ ,1, r uro N[uN urn lr wu IN! f III! • V.n.. Vn~'V ~11wrr Mrr 1 1 Mn 44x,.11 YVx~Y/4r.1W 4x~q WYM R`W INI I ••r- ~ V, VV MIn 4M Yw. .xY\11Y hY f~Y4.1 'x ..l I.x xV.w♦ 1 ` -x.• Fbf ll 1111444__ ATTACHMENT 1H i ly LEI Q J r ~ I a7 I I ~3 I I Denton v;II i J t I0 j Shady Shores i ` INTURSSCTION / I PAM"D FOR SIONAUZATION - SHADY SNORES DR. Corinth POST OAK OR o6 ~ o 49~ytic ~ ~A i I EXHIBIT I LOCATION OP INTERSECTIONS I ATTACHMENT IC ~ T 1 I la 1 p 8/26/88 WITH 10/13188 REVISIONS (UPDATED 5111189) _ SUMMARY OF DEVELOPMENT PLAN ZONING RESTRICTIONS - SOUTHVIEW D6TRICI NE f MN. LAND MEA fYP1CAL MY LO 4or1 LOT AU%. BULGING MAX MAJF Mi. MAA. MK NN SIDE •L RE 6 "PARKING LRN. OPE7ACFStrETUN PERSON TOTAL OESK~lAT10N ALRES P1 UNii LOT SIZE DEPTH ri0T1'7 COJEAACE Bl~RFRONT YARD AAD PlDUK PER POP SO FT YARD 15F. OF F ID U. I 1109U FA*KY-N 32.8 II,i1Apu to x as toe AI JS% NA. a NA. Ao 10% NI a ENCLOKO N.A. 3.1 107 3.e 342 ri,eea lIJ SINGLE FAAWV-7 119.9 1`404 Sf. so E goo IN 41 $1% NA. a N.A. ee 10% NI S ENCLOKID KA. co 515 7.0 1545 fJ1AlICLL ow . 10.9 M A44 &P. a 1116 GIs gs en N.A. e N A. 21 10% so E ENOLOLED NA. 35 7.3 112 i. ON"" /lY6r=q s y MA.1'►-4#eaY.oe• 8.0 N.A. 0". N.A. 46/1 N.A. S N.A, ae rMAN' w 1.75 08 eo 12001 2.9 500 1000 8.0 NA. gLA N.A. ILA. Ies 09,088 a 0.25 to 10 1o L Gee f00 u. NA. N.A. A. MA. NA. SENYgC! t somoDtl►AAI 19.1 N.A. N.A. N,A. ILA. N.A. N.A. ILA. N.A. NA. NA. NA. NA. 19.1 N.A. NA, N11. N.A. } _L ILA. NA. N.A. ILA. N.A. N,A. N.A. I N.A. NA. N.A. NA. I NA. N.A. N.A. NA. NA, NA. TOtALS 217,31 1 1209,0881 1 - 19.9 857 2499 $INTENSITY STANDARD/ DENTON DEVELOPMENT GUIDE:(a} LOW INTENSITY AREAS ARE 75 TRIPS PER DAY X GROSS ACREAGE. eoAVERAGE IS NET (WITHOUT ROAD AND ADDITIONAL OPEN SPACE TO PARK-SCHOOL SITEI •*$DETAIL PLAN TO BE SUBMITTED LATER PURSUANT TO REVISED DEVELOPMENT SCHEDULE. ATTACHMENT 2 i r,~w ATTACHMENT 3 LAND USE SUMMARY FwOPJS80 ACT. ACT. ACT. OPEN SPACE KXSED 1R T L;'10 USE ACRES UNITS Du? Ac IN ACRES PER7W F'OF'ULATION 19 Si-1 31.3 131 4.00 3.0 393 al sLIT] FRIIIY 8.0 100 25.0J - 2.5 500 1' N:IV. SERVICE 4.0 13 SCHOOUPARX 19.1 14 Si-10 32.8 103 3.14 3.2 330 15 N-"ISd. SERVICE 2.0 - 1 15 iF-7 43.3 163 3.76 2.B 310 489 I. CF-7 44.3 90 1,03 15.0 3.0 270 SF•;,i 10.9 13 2.11 3.2 73 *AjOR STREET KO.h. 10.6 - - i6TFwS 217.3 710 17.8 - - :455 II E~ I f i f I I Y L; r _ M 7. 1 j TA a 7 I fT ~ ~ } R a • ~1 ' f ~f Y NFIC.11. fFY YKF ~ / I `"r r I . ~ . ' t rY ••a 4 1~• /+1+ ' ....rte I i I • h 11l s l Pf C ( . ' ~ • ,k /,e Y, _ o M'•_..+ ->Y~Jl YlfalfO W.LCN . , . •I~• - . oaf tar 1 i f•.•• ~ • ur ~1 ~1 ~ ~1 r 't`'.lr',r~ ' '~7o~-,rr• 1 .,•~y 'k f •.a .I..... IY[lrwrnwrs.,. II r11 F..i I , , ~ J ~ PPLLIMINAIY aAINAf:f PLAN PM 2 ' " ~ ~ i''=•" \~~j' ' f ~ ~ •'SOUTHVIEW ADDITION-SECTION ONE f L ` `r 'ly,, T' ' PHASE IA AND YRACY N Of PNASS 19 Ioi i ~~~.a Z , .1~ I II ~ rlnn.n.a.•rr• w._r.•.r.,. • ~~I~ ~4P Pi I r . .~l:w~ o.xnarmool uactrten,.ura~ ~I'~ i r:, '~f .r . ~ ~ • . o ~ r F ;r . ' L ~-yJlr. Iw1 on'wi rwr r+rr. wr ~c •4 I ,I l.4 Ien 11 •~bi. •~=a M +O ' YI. I~f'•__1 1~ 1pl, filly l.lY III Ipll•Pr ~.M 1•I .Y N 4 r ~ , IIY. ..1 '.•b• •.•=,a 'r~ r1~_ ra~,n.l. rwl•.I ^I• t I 1 Yr.+ J T ~r N• A A., . faFt l i • r I - - , r innnn ATTACHMENT 4A I I I a G C, 1, '~r it r ! r}, v C. Cam.. is~ f,•, ! II ! J i ~l1 ~ r • -nnn. r. ~ _ - - . C .'`fit f C 1 ~ f4 ++~5' ~Y 1 ~ ~.~I v[J' . i"• i... uri NY 7 I ~ ~,j I , ~ , «~!T~i/i MlA1HlMMt ~ "'~.l'ff opl*d Pll it 'V ,~.u~ '{.N r'°/v '1r I L^~ ~ , al i . .y 17liA ' ; ~ ~ ( ~ ~ ~ Nn w..r eesYn .YNC. n rYYUn• it ! 'IJI ' f1E1.IMINAIY DRAI44GE M1, 44 11!Il; } y - I~ r I SOUTHVIEW ADDITION-SECTION TWO l +I PHASS 1A AND 11401 14 W /NAW 18 li 1. If l~ I• .wa. naon«w we.-..w. •..r-+IIm'b.bL161~1R1 j -.Ti -N~.Y - rr onw, wrr' l Gr WfI IY UN Nin IN M;; 0. Am 2 ATTACHMENT 48 e I i it 1~~ Wit: ~ _ Ffi 1 1 I. \ I~. 1~ y l~ I Y • 1 I` {{{!w! J~~ ~ ~ f`r,1, ,i;1+1\ r~~ f = I ~ /.'~•r }~~~I~ iii,l III 1 { i 1 1' f 1 f+ rf y • r l , tJT T r i' I n n r r r.r 1 r I l r j ~ fR le . ( 't y. ! r ~ N r Act • ` rr s j,•;r .Alp MICUNINANT NATO l 54NITAIIV KWE! r1.1V !O~ I! "I j rw•rSOUTHVIEW ADDI TION-SEC TIC CONE {{IIVf. r - ' r r w ty a • f 7, P"U IA 410 14ACT H 1W ""U V S IS 1 ~Ii ~1 r ~r MII' ! ^ r~\ t`~r, r I l flwj i~~~ wr rrr%o arir'.'w~r•'•awr w~M^r. ~~'i ~ I' n r. AL`s rr~w r ti t t i~~ O.ntM[.t•Vq f1IJ[FIY~RMU1 r.. • _ r.' + I ~ V'~I ~ 1{ Rk+. w! ` YYl.wni tlrrl~l.www.rr e, Sri • ♦ S ~ rrYt Yn FY Ipww r Ym twp { w^.rrr w !,y' • y wr rw nwrr arq r.w rY avert 1~~+. .rawer=~~f``~; `I-lOy,~, I \ t~ an wnrur r.w nrr.o.n. rnr non "1FF ~'°[f}`}D ~ ~ (r N"*'~ wrl rY Iw YTU wu _ y I! 1 s.~: .i •r l 'r w,. rrwrw-roiYw. r. I t~ I7.I ,rrY ai:T --ai R1~EJ~Q,,' twa. ~..N~is _1f121. u I r, u ' .r IgwUNr ATTACHMENT 5A I I I + i r i . ..1 •l ~F I I yf~,yy ~,.+1~:` ~ ){rL1/• / 4\..1 I~I, j~ 114} il,,v rl tLl Y'F IY~S ~ u~l ,f-.:I• 1 ~i 11 ! I ~1 _ { ,y ~ .^~s l.. I~ e f ,'`~R•11 . •y - i y ♦....'N.r,r..~./ I ~ ' J •i • Y Ili b 1 j ` ~r ~y w j 1 1 ~ ~ ~ j MULIHAAUIf f t ' , ,•e~'~:/• - ••-w't I ~II r ~F rf~•1. ,TR'1U ~ !•F4i r 't ~ r r I : 1 ~ I ~ _ • 1 1 .1 f„ ~ ~ r 1 Ire r 1 _ 1~,'' A 11 ir• T 1~,~11 }i'/' ` ;1?4 f 1 ~ ~ 4 ~ ,i ~R•13 ~ - - ,4~,..I - k, fPlk ' • w1'~. t ,S Idm~f►hRR X1 / _ [R![[ R I i fyL • L r, ! 1 ~fri~%N:%.i'• 1 w~-•r ` 1i/ Y ,1 1~ ,p sa i' F. r a 1 ~ 'j I 1 • J 1[r • I ♦ M Y r. ' ~ ~1.. r. i ~f- ~ .J a` 1 - t ~'I~'N - I ~ " ~ w, • -Y 2 , ~ 1 ~ III % Jul. - 1 1-. 'F I . l I lid, IR 111"N%R$ N,SttR L ShnI7.5RY SI.N IR P L411 11M 41 1 SOUTNVIEW ADDIHON-SECTION T i Ali' . ~ )I 0 7 /NASI fA AND tRACi If w._.~..... Of PHASE f1 Jk..r;- '31::'_( W MM.lir•4.1•ri MryMIlA. 11YY Y, M.N, I R:R 1 w rr:r~r".rw Y.nwiu .p urwl.+r r.IMAy [:l it ~I hRK MtErln~l2y11~ ; ~ titr, b,'L :r• OnNIIrR:V[1 p'11 FM7 [M1'M[Nen5 K1[M ~Mfl, hYnlt♦.la [MIIrII YYMK 2 ' .•~I"" 1• ,M~rA •M IOn1rr r1Y YKUr lrnll ' 1 pp Iy Ri Y.N IrM[r .Irl l.n 10 M NII Inrr O'#w rcul r4n rurwOlN ruN nrrl I f a.r.•t k41 a,ur~ nrour uU nirlp Nli M ATTACHMENT 5B 1 I~ 14 k i I . E 9 I I' y L I I ATTACHMENT 5C lE3EN0: it POO. rvK J 1`•~• Cfeek SINOLf FAWLY - is M RAMWATIA tAIAT,(KT RANT fO^ SINOLS FAWLY - Y ~ L...J CLUSTER "ONES - S F, O n• 0 W.A.11-FArIY O. D COMMrFAOUTY R Nuaw EERncE O aENERIA. RETAIL \ O 50110OL IFMK 4vi Slip„ D PARK ~ CONNECT to Sutr, tr It 1 Ar 1YYr4L POAD tr Lo % r • irAaL Ir OIORA SLVe, IW [LrTI Na WATEII lj~l• ! r - FAO►OSLO WATEA 171 I y i % I RXIII SANITARY SEWER I O L• r ,r \ r ' i ~1r MO!06lD SANITARY fSWEII •tr-r Yr Is' t ®r , r ,r r®I NEAOOWLARK qO I % ant r r,a I' K tr,-_L ® .~CACarAE.o~~ ®r - i ® t•- 1 Or. Llrt STAMM r ro40, ' I® L.,. ® `1 e too A00 Eo0 1100 CONNECT TO EXIST u• ` \ IN anAOr 6rt01411 AoAo~ \ 11 uar r Water A SanlRAry Se1rB f vially Flan Fn: 1i $~ouTHMIEW Manned Oavalopmaril 0,J Donlon, Texas rr i O NNER SIDE ELOPERS Max Ti Sl1RE~~ RMD REALTY, INC. J .NNI°-Li*eh,a" FIRST erTY DANK 1OWEk 11 w .A'A ,ire I Ton .ern, n w ww rtim,T XXX`% N 201 MAIN STREET SUITE }AiD rAlrAAla AUwr M. vu FORT WOFrTN, TEXAS 16102 ' ~j~ Utr1077-1116 • {1111 'Y01Y10 ~ - - _ , • . NOf40QV MiM1NlfgS :°C.'S- ; , ?i14i3;1 Irol Nw~n,o +wi~ira 1 i¢rii ''r i W f _ ,j 'I I r .s,~--.'' ~ ~ I ~ Eli! a %~r 111!/ Ir ~-~~I I •!r ! ! Tv' I N J 1, tf f r! ~ ~ ~ I 1 1 I' f?iii 1• : 1 i L! L!, I _~~y_l- 1'M'c>r,ul wb~~ilNSfMS IV( l r r ` ~~'t • • 1 okn n Ii it Ill ~f ' f~ ^~~y ti •,srl1M1`,1;.r~:,.Y may...- •v'4-. '"±j i 1 f ~ ` rN[ 1,f, ~ ` ~r~`+\ ' ,f rYY, ^~Y'4 •,Y' S M ~r'y~ •Yi rid . r . • / ~ ^ / 11 ~ i `s 1 • ~q-• , ~ ~ ?.rte ~~~il, ! 1 f;• r ~ t • 1 our r , r Ir1~ r a~. a~.IL•~ lies ~ ~r •r t h' , ~M ~i}1~''/jJL~ ~f .Lrj~l~• o'JI-.h . r)r~ rrl rrr+~ ~ r Tr 1 f ` - ' r lj ~ • • a Ullyf r ~ i!r • ~ f I {I I! l1+. r it I) Ilri "~.,..I.N,, , X111-~; r... •r fl : I'I I~I X911 'i ` ~ ~ ~..;r~ f I III f 3-~z i j i os' Gn . 0 -:y wwnw a..M Y,aY, •Y•iN •.a•V IYa w~ Y••M Yna { Y ..:,w,a, _ ~ it r f{ 211 '•,I°~' ''r •1' •1 .',w . ••u • , j Icy~~~ y i "«.r tea' t' TR.11. i y . ' I XI ,Nw Ww.. ~ , ,~Y } t 3 Jr 1 _ _..t • . ~ ~ ,11tH ViAA11lY if'/ E, ~ Y'I f t - ~t A',_ I' V 1T6bt1~ •0,'~ •1,• ..IIlC1~J ',~~o i S. r{:' ~''i"16 } I 7f r• / .'e ~ 1111 ~ i ~ G ~ . V ~ a 'T \ I, .4 ; f• `1•`Ay / t .aa' e~~ I ."il 1~ ~W vw w, { p 1 ~r'p' *~'•'T~ "t?`~T~~\k~ + ~1'-`'c. t . ) ~,'1 ~I' !1 1.,. ~+t i~ i' 1 1, ~ r • . S . 1 /t:•,. 1 . r { 71~~ ~ ~ ^'I t 1 4 7 • { , tjj/ / '1 ~!1 ~ IV I I 7 ~i ~ 1~ •w ~ '<7J - r. ~t Ja \ ' ar fl . SIR-13 / '~t 11 ~r t \ , 1 i +I 7 \aa~llew 1 _I _ wI, ~ ~ /an.• a qa'' wiy 1 u',1 r . [7GH. flCV f • ~1 1 ♦ ♦ ; ~ }r' 1 r 9/SCII00I"MlLL ~i • ~ "Il CLIOSING bCIV xl At- W r r~ • 1'r ..S .E' 7 .`,1 l I•♦. .ryS' ~1~': ; w11't 1~1 ~ j ~~•)I JF4 _.e r t, ~ /,.~w;IU~~♦ • ~"G- ~ •~~>,.•I•,',w.~p~ ~1 ~ I~ 4 1 .l ~ fib' 1 • j J ~ , ,r • 1 a.IS..1 7 ,eCy / .t •S•/~../,I. e. 1 • I~• ' { g i4 1 I i 1 ~ ~ I I M,I M i1 r !J • ~r. IY. M , •n~ ~\,M I~ 1 ii ff ~ 1 Will l.l..•VW.(9~\wn'I,IY•la ..l•M MI nI M1Ia fir' l f i IIIII~~:~`~ I 1 .1 \ 1111 %AVIV EXHOT ± I; 'r X\ / M rl ~ 1 ~1 SOU PHAN 1A TRACT 19 a nuu1i TWO w 1 11 ~L I".•.lw•.* w iiiar'iul'Iww IW~ww. c"'.+. w: •+•1~•rrIn,rrrL,'rf`tr~-1i+'• awlrnmtvu oalr narcualNwaw ~ ~t r; YSYM1.YC EewMIwMM FL ~ 1 _ rYl ^EnYYMr •II t ~ ~ Nwr\. ♦q"1 i.n ' rewnn lr 7 H py.l l•,♦!W ry•,. ni01 IO.111p111{wl•I dill A 1 lnl i.M MI,1. ATTACHMENT 6H ATTACHMENT 7A any action to be taken by the shall be as set forth in its Articles of Incorporation an is Bylaws. No Owner or Member who is delinquent or deficient in the payment of any assessment or fee due or arising hereunder shall be entitled to vote on any manner, at any meeting, by proxy or otherwise as long as such delinquency or deficiency continues. ARTICLE III. COVENANTS FOR ASSESSMENTS 301 Creation of the Lien and Obligation of Assessments, Declarant, for each Lot owned by it, hereby covenants and agrees, and each Owner of any Lot by acceptance of a deed therefor, whether or not it is expressed in any such deed or other conveyance, shall be deemed to covenant and agree (and such covenant shall be deemed to constitute a portion of the purchase money and consideration for acquisition of the Lot, to pay into a maintenance fund of the : (1) regular annual assessments or charges or maintenance an replacement of Common Area Properties; (ii) special group assessments for capital improvements (as provided in Section 3.04) or unusual or emergency matters; and (iii) special individual assessments levied against individual Owners to reimburse the for maintenance and repairs made necessary by the acts or neglect of an individual Owner, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular, special group, and special individual assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each Site against which each such assessment is made and each Lot of each Site and each condominium on a Lot and shall also be the continuing obligation of the then-existing Owner of every Lot of each Site at the time when the assessment became due. The lien shall be enforceable by the and in the event a Site has been subdivided or su Red to a Condominium regime, the lien may be enforced by any member against the Site which that member represents. Every such Member shall allocate the assessment to each Owner on the Site which that Member represents according to the Acreage allocated to each Lot of the Site and shall collect each Owner's share of the assessment and pay the assessment to the An assessment on a Site which has been su v e she be the personal obligation of every Owner of each Lot on the Site and p I shall not be the personal obligation of the Member representing the Site except to the extent that that Member would otherwise be liable as an Owner, I DECLARATION OF MAINTENANCE OVEN ANTS - 5 ATTACHMENT 7B 3.02. Purpos&_gf Assessments. The Assessments levied by the shall be used exclusively for the purpose o promot ng t e enjoyment and welfare of the owners, and in particular for the (i) maintenance (and replacement as necessary, but excluding initial construction unless authorized pursuant to Section 3.04) of the Common Area Properties; (ii) the payment for hazard insurance in connection with the Common Area Properties and any improvement of facilities thereon and public liability insurance of the r (iii) paying of the costs of labor, equipment ( nc u ng t 'he expense of leasing any equipment) and material required for the operation, management and supervision of the Common Area Properties; (iv) carrying out the duties of the Board of Directors of the as set forth in Article IV; (v) carrying outt -e-purposes o t e as stated in its Articles of Incorporation; an (N-1) carry ng out the various matters set forth or envisioned in this Declaration. 3.03. Basta Amount of Annual Assessments. While this Declaration is in force the Board of Directors shall set the amount of the annual assessment for each year for each Site, taking into consideration the then current maintenance costs and the future needs of the ; provided however, that the annual assessments s a e rata ly assessed based solely upon Acreage. i 3,04. Special Cr p Assessments for C1pital Fm2L2ySaenta. In addition to the annual assessments authorized by Section 3.03, the may levy in any calendar year a special group assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of construction or reconstruction, repair or replacement of any capital improvement upon the Common Areas, or Common Area Properties, including the necessary fixtures and personal property related thereto. Except with respect to assessments provided for in Section 5.03 hereof, any such Assessment rust have the assent of two-thirds (2/3) of the votes of the Members of the entitled to be cast who are voting in person or y eg t mate proxy at a meeting duly called for this purpose, provided that any special group assessment shall be ratably assessed based solely upon Acreage. 3.05. Date of Commencement of Aaneeamanta: n„° Dates. The annual assessment provided for herein shall commence within sixty (60) days of the sale of the first site a date fixed by the Board of Directors of the and shall be payable quarterly, in advance, on the rst ay o the first month of ! j each such quarterly period. Annual assessments for sites owned by the Declarant shall be payable by the Declarant. The due date I ~ I DECLARATION OF MAINTENANCE COVENANTS - 6 3-a~ ATTACHMENT 7C or dates, if it is to be paid in installments, of any special group assessment under Section 3.04 shall be fixed in the Resolution authorizing such assessment. 3.06. Duties of the Board of Directors with Respect to Assessments. (a) In the event of revision to the amount or rate of annual assessment, or establishment of a special group assessment or a special individual assessment, the Board of Directors of the shall fix the amount of tKe assessment against each Site an the applicable due date for each assessment at least thirty (30) days in advance of such date and shall, at that time, prepare a roster of the Sites and assessments applicable thereto which shall be kept in the office of the and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be delivered or mailed to every Member of the t (b) The Board of Directors shall upon demand at any time furnish to any Member a certificate in writing signed by an officer of the setting forth whether the assessment on the Member's S to as een paid. Such certificate shall be conclusive evidenje of the payment of any assessment therein stated and have been paid. 3_,07. Effect of Non-payment of Assessments The Obligation of the Ownerr The Lien, ggdedies of the Cor2gration. (a) If any assessment or any part thereof is not paid on the date or dates when due and remains unpaid for a period of thirty (30) days thereafter, then the unpaid amount of such assessment shall become delinquent and shall, together with such interest thereon at the maximum legal rate and cost of collection thereof, thereupon become a continuing debt secured by a self- executing lien on the Lot on the nonpaying Owner which shall bind such Lot in the hands of the then Owner, this or her heirs, executors, divisees, personal representatives and assigns. The shall the right to reject partial payments o any assessments and demand full payment thereof, or it may accept partial payments without waiving any rights with regard to the remaining balance due. The obligation of the then Owner to pay such assessment, however, shall remain the owner's personal or corporate obligation, as the case may be, and shall not become an obligation of the Owner's successors, in title unless expressly assumed by them. The lien for any unpaid assessments, however, shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. I i DECLARATION OF MAINTENANCE COVENANTS - 7 3 r F I I - - [o [4 [X!!7[40 PAVWO [M O,TCN - [URF[„ 20N~ N&Mdn - V Duffer Cono"t _ section fill -vx ..•1 ♦ y ~ , a.~. 1 . e 9 Y I "or Concept !Ievetb" list MaY1 •ff 1 Ell Y...Yr•M YfM•Mlwwl~~y }y Nl, Ivn DURFlA CONCEPT FOA, !WIMOR AOAO/SOUTH ' f I U.MA +in~,<'~iM ~ E^JIJn9'U'UJ1>'I]{;IKE L^S'RJD )h-kkA,fb=G'T V,%F'RYI PP 3' w„ Planned Oevelopfnent C4ntery To mae ATYN f if is MIt M ATTACHMENT B l a ' ATTACHMENT 9 SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE PHASE IA MAY 26, 1989 SITE PLAN CONSTRUCTION PHASE ACREAGE TRACTS UBMITTAWR VIES START 1A 203.3 10, 13, 14, March 1989 September 1989 17, 5 18 1A 14.0 11, 12, 6 15 July 1995 January 1997 r NOTEi 1. No building permits shall be granted for Phase lA Multi-Family or Neighborhood Service uses on Tracts 11, 12 and 15 until detailed development plane and utility plans illustrating water distribution systems to satisfy fire protection requirements. No certificate of occupancies for multi-family or neighborhood service uses on Tracts 11, 12 and 15 until water distribution system is in planning. 2. Open space is to be owned and maintained by the developer and/or the Homeowners Association and is to be developed for passive uses only which may include one or more of the followings Bike trails Hiking trails Open fields Picnicking And other uses as approved by the City of Denton I 1 I j I Y ~ I i k ATTACHMENT 9B SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE AUGUST 26, 1988 (Revised May 26, 1989) NET 1 OF SITE PLAN CONSTRUCTION PHASE CILEACE TRACTS PROJECT SUBMITTAL/REVIEW START IA-1 203.3 30, 13, 14, 17 6 18 541 March 1989 Sept. 1989 IA-2 14.0. 11, 12 6 15 41 July 1995 Jan. 1997 IB 36.5 6 thru 9 1 15 91 March 1992 July 1992 II 124,2 1 thru S 331 March 1994 July 1994 378.7 Acres i ! 1 I ' i I I p f I F.•I^~. rr4 ux I MrwFVI INI. III f.wl~. I'Nw N~IIri - -fY1 L.FR /Nfs Mr. R~ It •\1 , M IIIW INS / r Y. 1I` -Tlr r~ari f 1 V \ (Jn O r~ •'f Il YIYMI \ oil ~ .1N ~`i .cw r.vr \ ~ Oil ~ l i l w F_ ur w Cwwept • Lrkrvbw Wv4 jjjl rI•rf rw. nNr +19~ ~ pool flit - ~tivrwo col,~oTS RrOR! { ii;t~»~ ca~ro~a~ ~.~>><<~ol~or~rnh~~r tcc~a UR7[R RURL SS HImmIed Duvwlopn nR Dontw% Texas I.rwlln ..Flln . w JIIMI.1 FNwM 41Lff .rIINf 1. N.N WII Y 9 ATTACHMENT 10 I I 1 I fJ daC/1'P»ea 1 Excerpt from Public Utilities Board Minutes May 24, 1989 17. CONSIDER OVERSIZING OF WATER MAINS, SEWER MAINS AND LIFT STATIONS WITH THE LAKEVIEW/SOUTHVIEW DEVELOPMENT w Ham stated this development lies outside the City's one-half mile 9/~ loop, and the Denton Development plan discourages city-paid 00# oversizing; however, the Lakeview/Southview area will be developing and leaving a large area to either side of it that will one day require water and sewer service; plus this will be a good opportunity for Dc.ton to increase the size of piping so as to accommodate contractual requirements from the cities of Corinth and Shady Shores. Allison discussed the plan further stating that Lakeview/ Southview is only gollj to install one mile of pipeline and the city's oversize cost on this one mile will be $80-$100,000. Harry Persaud from the City Planning Department then spoke regarding the market studies developed by his department showing development in this area will be extremely slow and take years to come. At the same time, development in the Oakmont area will begin in 1990-92, develop slowly, and after that will grow at a rate of 10-12 homes per year. The Land Use Committee has recommended that the city not spend funds far outside of Denton's existing developed area, but rather, use those funds to encourage compact growth. City Manager Harrell added that there exists two conflicting values. If one was concerned about what is good for the utility system, there is no question about oversizing. What complicates the issue is that the City is also trying to use the Utility System as a planning tool and installations are not generally desired where there is no development, This is a tough policy issue of conflicting values. Allison explained further that oversizing is the least expensive of the options since the city oniy pays for the oversizing of pipe, and the developer will pay for the survey, testing, engineering, trenching, and labor costs for laying the line. Persaud stated the alternative is having the developer pay the full cost of the oversize, and he can then collect from his customers. Nelson stated that the City Council and PdZ had worked with Lakeview, and at that time everyone agreed that certain sized lines were needed in that area and payment for the oversize was needed. The City's discussions with Lakeview were that it the normal course of development, the city sometimes pay these oversizes, but Lakeview had a special situation where they have generally agreed to pay for oversize. Motion. After a great deal of discussion, Laforte made a motion to recommend oversize of the water and sewer lines to the City Council if and when Lakeview develops, with the caveat that the City Council will review certain payment agreements with Lakeview Development and make a determination as to payment responsibilitj and cost and return such recommendation to the Board. Second by Chew. Vote: All ayes, no nays, motion carried. . AIQIn A 1~- It WttMM Crook LE4CND: fl''s' ; c_p N to WAPEMAIgm TIIALE rA1RLr - n Tlee.rM[rn ILAMT 1,L ^1}~ I14OtE rAl[ILr - 7 J -O CLUSTSR 110Y10 - 1 3 n\~ I~~I NM•1-rAtTLr 0 1 b`` COOL FACILITY 1S t NENIN. SERV If IL X OENSRAL RETAIL SCNOOL I►MK © inn la'svioN FAAg c: tr q I~ Mmicr [MST, E I O100.A 0 BLVD. ~ it trln r EXISTING WATEA 11"r O E~E PRO"820 WATER ` - EfOmNO uMrAllr uwu 1 •\U7 Ir J `Err ' %•rYr "0"620 SANITARY sew" . % ' j. . it, t' r],A ® MEA N WLA . q0 1 r U' Mr. Lit ITATICN r td ' ~i 1 r • r~ Ir ® L® , ~ a 166 Noo Ioa +stt cwNlcr ra uur, N' IM NNAp/ IN011C/ IOAO~ g o t IrrT ~i M--- Meter TTTnlle! $OWN villty Plan tat 60Uu yI6 f i EM/nno/0rrrloDmont Damon. ToE!! OWN£RlIOEELOPER! y., TT T TUTG F1~ RLST REALTY, K IvcrAie I~~, Fine? 01 ORS BANK TOWCR 1 FORT WORTH TERRSUI761070 I ~ ..l i~ Awn ,MflC~YM'^I{Y AM (l w111AI110: JUNE II. 1611 17) S!2- tJ l1 1 f Eli LAKEVIEW/SOUTHVIEW r DEVELOPMENT GENERAL SITE PLAN WATER DISTRIBUTION f~wre future BooHer E I•vtetl p. Storage Sta1efan ! PWM D mftrr NORTH SCALE ~ NONE • • • A~ • ~V f PHASE 31A., • `I NOTE, 0 END SCHEMATIC REPRESENTS b • ESTIMATED ULTIMATE a1 i EXISTING WATER LINE REOINREMEIlTS• all SED WATER LINE j • NO OVERSIZE) • M • (OVPRERSIZEDWATER LINE 1 ~ e , IL : PHASE =8 o • Water •,1~ ' Trealra 1 • ~f 'Plant • M ~ I ♦ ~jy PFWE=A i r 'Vr • ~M e ~ 1 • PHASE IL ' ARDS f u• ! 12 S IQ N bdl~ Pr~er+ • >ZO Plain B!•IWerr~ • 1 • f / H4,p fl ~ ~1B ~ Elirotes roll, Storage \ J y-3 + 9 ti i LAKEVIEW/SOUTHVIEW DEVELOPMENT GENERAL SITE PLAN WASTEWATER COLLECTION l aso NORTH SCALE V " NONE i" O S pKASE $A~ try j ~ SCHEMATIC REPRESENTS ESTIMATED o { ULTIMATE REQUIREMENTS WITHOUT a PROPOSED PARALLEL FORCE MANS , AND ilPORADEO LIFT STATIONS. J (SEE SHEET 5) I C ~ t!` MOM =A,=S SPENCER ni not Ql",ta• e" s )a. yF-GE14D PHASE U £XISTINO GRAVITY LINE EDWM .-.--.--p EXISTING FORCE MAIN 9 LIFT STATION PROPOSED ORMATY LINE I, !4" (OVERSIZED) n~i EASREI TM LINE a MAIN &ATION SNOOVERSIZE) FT STATION~(OWE£ RSIYEDa py*ffr4, re 1 Ie" f i J I A,' .I b IY' 4 `Y' I ! tl ,1. 11 r• .I Y r~'\ y Irt I y,r+l ! t•lr). I _.tr A S' l Tit ' if r' f '-U ~.^I ~w-.S~l~\ 1~ ~ ~~I ~w ~ ~Iw•axY .u~ ~t I V I , rl . , ,t,r Ali MR, Lis . YY } 00 _r , urw { I~ ` I ~ ';l ~ t' ~ ✓ ' 1 I nltUsnnAsr wAn>' a uHtr+sr to■ci nAr f 1µ~t''aia . ,I Ir wwlw wwl .ti •'~v 11 11 =SOt1T D nTRACT 0 Of Of HHost 18 AN ONE tNAN se 1A a AND n `y+{(( .,M s-' . •F! 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S' PR410 1 to , f / I el. 1 s r1~ - II JO's + f < li ~ ~ ~ :Y • -w , Y 1~~~. •v r~ %/y» ~Y 4;~--,% ~I ~f£~' ~ r rreJr ~ 1~ •1 N 1 . P. A/ V i.. I IY ,~a•T ~ i. ~ + ~ ` " ~ - ~ W ~ Ill i •a •1 ♦ 1 /Y. / ,f ' ` ~ ~rY11P 1a. , Y I ~ y< ~ li .I 111 r . ~"R 1• / SCHFAIR T~ 1 •flf[M f 1 ~f ' .y' I 10 y\ 4 SLY; ,Y AIlr ~ -'I Y`,.1 / r i:1r ~r 'f~~ ~ - I`.~~ 9• P' ; , i~4~~; '[~1 I, _ I ~1 w.•, nl~ .fy. 11 _ 1 a~1 ~Y''r - Y ^ +~,f r~~~ ZZ y 4iS 11 if rJA I~ . R IANfTARY SEWIS PLAN VON rl , 1' ! r."A "1.,r,.11111.x, SOUTHVIEW ADDITION-SECTION TWO i I I il. I{ n Y.......1....1. N... /H Uf 14 AND TRACT IR OF ?HAM IR I }.I I t „ I'•'y' ~ Rrrrw,r W.i. wrM Iw7Y rIr.I N4 Ywr.IPMMMIM •Yr Y.r ly. T!L•/,,.. .i',1'~'~y:,'1:..., YNr N~r'Yl .l1 l..r MYwI YY IN Qw rrMMw.rrr Cw•r. a•r r'' I ~I ~AI~IAlEi9JTl'tk9JS` 1 ~ ;w..rl. r.r»..l w. ONIfPrO(Mel'IP [Id[.tMr0.<r[le Iwel 1 -t• R. Ib~T MfiR. 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W-41 C / - R_EER y1'±' .wuN,WC ~V ' rY„ OSSING ORIYF 1 ~r~ „ \ I 1 1 "~1 e. l it 1 i j T lhC J PART{ \,t, y a qo 1,, r ep _ 'wj - ij ey tj IF f 1 wiY K 1 \ l'\ } G r I^ tf 1 I r R a ` z 7 ~ .J I l1 1 {A' ~:f J; _ .G''u ` f •`.w[`',~ j ~ 1 •C~j" irl - r..~ll 1 Y ~ ' [,1 T Inc v. ~t• ! e•f- 'ta'r - L -'i:.~-•~\ I.' 4i I - 4 ~~oi~ 1 _ r/.~ ~I1 t rrY~y4r~[ -go X......nr 1 ~QQ~'GL Al "IM1R1 • ~ Y,~,y SSFFfG I t G W .4t I~wYI,~ PRELIMINARY FLAT FOR i 1 j E SOUTFiVIEW ADDITION•SECTION TWO i llliait ! i~ i •~Yr'.•1 uPMASI 1Y AND T14CY 10 OF MASFy CI 10IG 1 1YUW<1 ` '~~\y ♦ fl T ~F rY6 MdM~M. 11N.LgMNMY,OnGrCYX1\,~ l f Ilii /`•i~•Ir14•n.:f~ f~~.11 ~1~'}..Y.. 'lip OMI(11.pLVfLf'OLI" L1YI[[K9,l.JlYNL 1.Ra+ r f iJ Li J hM 4Mh. w, Colo. Y.. "au K ~ i MII pM1 IM GMA I y „ tl1P11 np11YA `I I"ONI GMI XOO.14 MID 2 tllil 0, GIH l MO MA Yto bG _ J.., 11~11lla ull 11111 tl11111 rj f G'.' G01, 4 YuNI Gur« L Kpl . rllr - -IY,11•,YX FMNIrY rM .wYXF•.Y NYI r. ..i.. Iry..NI YI.'1, ___a.'nt Inl ~ InINr b,l. ,XrN.1,1, YN . lw,. N.N MN wYl i W I 1 1 M b ' T N - I••Jr ti li law «~^w-•aF-, r~ / ~ .~'.n__ uRVK[ / / I 4!. 1. I.$ h TR+16 1. I r ` \ l 11 L. ✓ ~f_Tw,w 1 ~ r/... 11 «)N $PACI ri,• 33 i ILI r' ` 1 ~ I I T • + g411 I (o)• r . Sit4'r~'r\• ~I Y r+..... 1 1. I, -46 e,x j 1 o" - " II TRLJS NN~j rl 1 w 11 li ' I 4-1 1• 1 'ti b/tW k •I i/ w I • ' 1`NN~ i' 'r •r.raii •'x• 1."."'; I I'..,`I l , 1 1, w r 'h _Mi L1rAC) 1 A. • rr• bhl1,~, I r. .N•rnM.rnwnw i , ~ ' nrl •fanrr,InMrlwwl ■i1 • 1• ,Y 1 Y 1/ • Y/ I =Fwr n ro f[![ "V1Y 1%HI11T i I{ I 1 4 4' •.'1 ' rr - ' SOUTHYIEW ADfITION-SECTION ONE "111 'fr ,_~~ji 1 111AH to AND I1rICY NOI Ht:I ~II 4Yrrn1 ~xw~I•r MIMY ti. 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( I • 1 L., ' qIs 2R nElR CROSC A CH ,r 4 1 +T S 4 Jy I 1!' J ~yd~" Y 14~~ ,1 ■■E (to 46 /j A ' ~u4aru.~.r~, • 11r III I 1 q ~ ! O• 1ltj('~~, ~r.~w+r lurn y~1 1. •u Ir r 4 1p\ 1 Y.r j•n~+ •ii 1'~''I,t C ~ f..'.~I' ~ •5'f/ f,l'. I'.a~~a~~ 'I' .I, I V f 91. 3 . l a I , ,r if w 1 ~ 1', • 1 T 15If1'r 1*'~~1Y , 'II ~ Jlrpry ' 1 Y • ~ I ' I I ~ 11 XI Iww ' ~ Y• M I n Y, / i ' Jn F Yw. YM wM M}rl bl `NII f 1 1 1 1 1 I YrN Yrr 1~ 1JEJIII t waw.~ "rants I i t . ~ w, irn .,nwnwr«no-rlw rn .rr.w l~nl nr. jl f f I ~ •w nrlNnlw w wr 1 tellwRVEr1RHRp1 ±"iI I~ I,~ ~~I•" SOUTHVIEW ADDITION-SECTION TW 1 ,i IHASl Ili AND TRACI 10 Of ► 11 i !I IL 1} r '.Ml MI: IIIf M FrxIM 0 Ml p" lft.. YNM r"" . I, ' 1 I .,Fwl r IIM, GF I IW ~ I,•Iw 1•rM, II•w. / RJ v OM1t.MOk"m EIOt6WNlM1(N! 141r M RRN K 1M1P4\IYlY! u LI~lllt~lpN4l11b~7J j w :'.i i ili, i °iro ' ri I~'~"a. nlllllll . 1lLI Y e, r? FOrq Xrtl 14N~luin 1., 'PIFpllM llrq Iluf y • II H1111 .M1 NIIHX NII .1 I •YI r M•t / I 1 I Y 1 + .f 4 l uj /m en 7 "'AFT MINUTES Planning and Zoning Commission June 21, 1989 The special called meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, June 21, 1989 at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Euline Brock, Jim Engelbrecht, Judd Holt, Etha Kiker, William Kamman, and Fran Morgan Absent: Ivan Glasscock Present from staff: Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Owen Yost, Urban Planner; Jerry ' Clark, City Engineer; Renee Baker, Civil Engineer water/Wastewater; Joe Morris, Assistant City Attorney; and Olivia Carson, Clerk-typist. Chairman Brock called the meeting to order. I. CONSENT AGENDA: It was moved by Mr. Kamman, seconded by Mr. Engelbrecnt, and unanimously carried (6-0) to approve the consent mends as follows: A. Approve the final plat of the Road Runner Subdivision, Lot 1, Block A. B. A-)prova the final plat of the Genetic Center, Lot 1, Block 1, III. Southview A. 2-89-003. Petition of RMB Realty, Inc., requesting approval of an amended concept plan and a detail plan on property currently zoned planned development (PD- 132). The request includes approximately 217.3 acres of property located approximately 1,200 feet north of I-35E and extending 4800 feet north from Shady Shores Road and more fully shown in the Gideon Walker Survey, Abstract 1330. Nine notices were mailed to property owners within 200 feet; one reply form was received in favor, zero were received in opposition. STAFF R POR ; Ms. Evans stated that this request is for approval of an amended concept plan and a detail plan on property curruntly zoned planned development (PO-132). The following lard uses are proposed: Single Family - 10 - 43.7 acres with a density of 3.2 units per acre f r i P rt P S 2 Minutes q June 21, 1989 Page 2 DRAFT a Single Family - 7 - 119.9 acres with a density of 4.3 units per acre Multi -Family - 80.0 acres with a density of 25 units per acre teighborhood Service - 6.0 acres School/Park 19.1 acres Right-of-way 20.6 acres Ms. Evans continued that the request includes approximately 217.3 acres of property located in the oirea of 1,200 feet north of I-35E and extending 4,800 feet north toward Pecan Creek. The concept plan has been changed due to the relocation of Lakeview Blvd. The number of SF-10 units has been changed in Tract 14 from 41.1 acres with 131 units to 32.8 acres with 103 units. Tract 16, SF-7, was approved for 35.4 acres with 152 units, or 4.3 units per acre. This request would allow 43.3 acres with 163 unite at 3.76 units per acre. The SF-7 acreage in Tract 17 is being reduced from 50.5 to 44.3 and the units reduced from 217 to 90, which is 2.03 per acre compared to 4.3. Tract 18's SF-10 units are being decreased to 10.9 from 11.4 changing the units per acre to 2.il rather than 3.2. The number of SF-10 units is being decreased from 167 to 126 and the number of SF-7 units reduced from 505 to 384, while the acreage is remaining almost the same. The lots in the Single family-10 tracts have an average 1 ! lot size of 11,000 square feet; however, the lots vary from 8,750 to 18,200 square feet. In straight SF-10 zoning, the minimum lot size is required to be 10,000 square feet in area. The multi-family and neighborhood services tracts are not being detail planned at this time. Spacing and location of collector and residential streets meet subdivision regulations. The Subdivision and Land Development Regulations on design states that 11 . . . No cul-de-sacs shall be located except at the end of a street or the intersection of streets." The developer has proposed one half cul-de-sac in Tract 16 I` and another in Tract 17, neither of which are at hf " l intersections. Engineering staff does not recommend approval of these as they believe drainage and traffic safety problems can result. I -a low x s p b Z Minutes DRAFT 1 , 1989 a; June 2 Page 3 Ms. Evans explained that the Planned Development variance criteria are as follows; (a) The modified proposal would conform to the city master plans; (o) Granting the modification will not have the effect of preventing the orderly subdivision of other land use in 1 the area, (c) The need for a variance of requirements to accomplish a unique project design, as distinguished from a need for a variance for personal convenience; (d) The proposed development cannot be readily accomplished through standard zoning districts or subdivision processes; (e) The proposed modification substantially accomplished the intent of the standards and improves the overall development designs. (Even though meet h letter the standard, it provides for a better project applicable design.) Intersection:a will be signalized at the developer's proportional share at the following locations: Shores E Lakeview Boulevard and I-35 Service Roads, Shady Y Road, Streets B/F, Pockrus Page Road and Creek Crossing Drive. The signals will be installed when warrants are met as specified by MUTCD (Manual of Uniform Traffic Control Devices) revised Septembar 18, 1988. Warrants are expected to be met in 1992. The provision of water and wastewater service shown in the Preliminary Water and Sanitary Sewer Plan meet the standards in the subdivision regulations. Oversizing is an issue which may be resolved in the final plat process. j Major drainage tilays are in the natural channel of Pecan Creek, The drainage system meets ordinance requirements, The relocation of Lakeview Boulevard will save a grove of `_rees in Tract 16, Block Z. Approximately 43 protected trees and several 4 to 5 i inch trees are in the grove. Approximately 123 thoseBonlevard. protected trees trees, p to h include Lakeview otected in the Removal of pr residential lots, will require Tree Removal Permits which would be issued at building permit stage or through approval of a Landscape Site Plan. The plan proposes 17.8 acres of open space to be owned and maintained by the developer and/or a homeowners association. It will be developed for only passive bike use, which may be one or more of the f llow .and trails, hiking trails, open fields, picnicking j other similar passive recreations uses approved by the I ~ 3 3 t P&Z Minutes June 21, 1989 R A F Page 4 ~ILII' D1 ~Ipl T Oevelapment Review Committee. A homeowner's association agreement should be required to insure the maintenance of the open space. A screening buffer has been provided between Swisher Road and Tract 18. The PetiLioner has provided a typical median landscape treatment to be used along Lakeview Bouleva--d and the entranceways to the tracts. Ms. Kiker asked the definition of cul-de-sacs. Mr. Robbins stated that it is a street which terminates in a vehicular turn-around. Mr, Clark stated that the Engineering Staff disagree. When there is a wide area in the street, it operates in the same way as a cul-de-sac. Mr. Robbins read the definition of cul-de-sacs and the variance standard. He said that there is an anomaly in the regulations. Staff believes that because of the standard, something that looks like a cul-de-sac should not be in the middle of the street. Mr. Engelbrecht asked if there is data proving that this type of design is hazardous. Mr. Clark said that it is dangerous in the professional opinion of staff. Mr. Engelbrecht asked if there would be any liability for allowing this type of design. Mr. Morris stated that it is a policy decision and is not a question of liability. The Commission must use its judgement to determine if the intent of the regulations was to prevent that type of development. Ms. Evans stated that the developer felt that the design would give people more room to back out. i Mr. Engelbrecht asked if it would be clear to the buying public that some of the lots in the SF-10 area were not actually 10,000 square feet, and if the City has a legal responsibility to make sure that they are actually the correct size. Mr. Morris said that it is a matter of convenience. SF-10 can mean whatever the Commission approves. It is not straight zoning, so the Commission could decide to call it something else. There is a tendency to use labels we already have. PdZ Minutes DRAFT June 21, 1989 Page 5 Ms. Morgan stated that the area should be labeled to imply something smaller. That way the smallest lot would be accounted for. Mr. Holt said that anyone looking at the plans would not be able to tell if it was SF-7 or SF-10. PETITIONER: Alex Bascom, 201 Main Street, Fort Worth, stated that the concept plan for 217 acres in Phase 1 was approved last October. He said that their engineers have worked closely with staff. Development review has extended over five months and required over 20 formal and informal meetings. During that period, their philosophy was to exhaust all consideration and l come to a consensus with the staff and hopefully with the neighbors as well. The objective has been to present you this evening with a well-supported application. He said that they have also met on a number of different occasions with the Swisher and Chaparral groups to respond to their mutual interests within reason and the requirements of the ordinance. I Plans have been changed according to staff recommendations, development of more specific information, and citizen input. The concept plan alterations are: 1) density reduction from 4.3 to 4.06 dwelling units per acre; 2) total lot reduction of 24%; 3) the school/park tract has increased from 10 acres to 19.1 acres; and 4) increase in privately owned open space, which was not required before, has gone from 0 to 17+ acres. Tract 10 increased by ,6 acres, with an actual decrease in lots from 126 to 131. The actual average size of the iota in Tracts 10 and 14 is in excess of 11,000 square feet. He added that they were careful to label on their tables of reference that this was an average so there would be less confusion. Lckeview Blvd. was moved eastward in order to protect a stand of trees. As a result, Tract 16 increased by 8.1 acres and 11 lots, and Tract 17 decreased by 6.2 acres and 127 lots. Tract 18 decreased by one-half an acre which is 13 lots, due to floodplain problems. Regarding alterations to the detailed development plan, channelization was deleted, Fill will be provided for the additional 2.8 acres of flood plain contiguous to the school/park site so that it becomes larger. The curve radii variance in Tract 17 has been resolved as ' of this past Monday. The nnly apparent discrepancy with the staff is over the supposed half cud-de-sacs. Mr. Bascom continued that by definition in the II subdivision regulations, he strongly believes that they are not half cul-d(i-sacs or any variation of a cul-de- sac. Therefore a variance Is not applicable. I 1 a P&Z Minutes June 21, 1989• 3 Page 8 DRAFT Mr. Bascom said that the eyebrows represent prudent planning. 1) They are better transitional areas to and from driveways. 2) With proper drainage design and appropriate surface materials, drainage will not be problem. Extra landscaping will be provided along the western side of the fence along upper Swisher in the Pockrus Page area. That agreement was signed this evening. The Hidden Valley residential airport group only as of today expressed concern over Tract 15 which is being deleted from this evenings proceedings. Nevertheless, our planning dilemma has always been placing residential and personal services uses next to an airport in spite of the fact that the airport is privately run. / Mr. Engelbrecht said that traffic signals are extremely k expensive and a large portion of the cost is related to { boring under the roadways to install cable. He suggested that the conduit be laid at the time the roadway is constructed at points where signalization is I anticipated. Mark Good, DeShazo, Starek, and Tang Traffic Consultants, said that it would not be a problem to include the conduit during the construction of the pavement. He agreed that installation at that time is the least expensive. Mr Engelbrecht asked if the petitioners would agreed to install the conduit at thetimeofroadf construction. Mr. Bascom said yes. l Ms. Brock said that planting photinias four feet apart would be too close. Mr. Bascom said that they were trying to achieve a density, but were very happy to have staff input. Ms. Brock said they could be planted that close together but it would ruin the value of the screening. Mr. Engelbrecht asked for an explanation of the covenant agreement concerning the open space. Mr. Bascom said that it is an agreement between the homeowners and the homeowner's association. The f developer maintains control of the homeowner's i association which has the right to levy fees and can place a lien on a home. Mr. Bascom said that, as a developer, it is in his beat interest to maintain control of the homeowner's association and maintenance along the road. The i grounds must be well groomed to obtain a good selling price. 1 J z A, PsZ Minutes June 21, 1989 f~ pPage 7 IL-A Folo •po k-V 1 legal rrese the thatn;he adocument isplikenaacovenant thatRerunsgywiien a vtnh a land. Anybody that looks at the lots will be copy of the homeowner's association agreement so they will be aware of the provisions and it will encompass all the common area in the whole development. It is a ' method by which money is raised to maintain those areas, IN FAVOR: Kevin McCormick, Route 7, Box 108-A, stated that he lives at the corner of Pockrus Page and Swisher Roads in Broken Arrow Estates which fronts onto Swisher. He said that he is concerned about the intersection of Street K with Pockrus Page. It is directly across from his back yard. There are three street intersections on Pockrus Page which is a bit much for a small country road even if it will eventually be developed with two lanes. He said that he feels picked on since the outlet of Street K is at his back yard and there are no other houses for three j quarters of a mile west of his property. He suggested wmovasidengsithe access the west. At Pockrus Page o at aims the road g 9 point further west, but at some point it was moved to its present location. There is also a crown in the road that may cause a problem for this intersection to be located as currently shown. Also, he is concerned about the span of 20 feet between the brick columns, bushes between them and the effort to crThere will be eate screening 1 is appreciated. It might work. The neighbors are very concerned about the screening, He added that other than these concerns he supports the developer. They have worked with the neighborhood on the landscaping, Mr. Engelbrecht asked if Mr. McCormick had made his concerns known to the developer previously, Mr. McCormick said yes, He was told that it would not bev~nproblem to relocate the street although they were a safe problems withiCity planning, However, it is not three of those inand t is not good gress/egress streets awithin t600afeetll of each other. He said that he does foresee problems with the current configuration, Carold Nunbz, Route 7, Box 108-E, stated that she also is in favor of the development with the exception of the street outlet that Mr McCormick spoke of. At night, car lights will shine She in their houses and yards, said that she feels that traffic will be heavier than anticipated. Neighborhood service is located 7 I i f ' r P82 Minutes r., June 2 f , 1989 }j{ Page 8 DRAFT nearby and there will be lots of morning traffic leaving the subdivision. Other than that, the plan looks good. The developer's cooperation is appreciated and she is in favor of the request. PP S Charles Laudin, stated that he lives adjacent to Tract 15 and is requesting that the request be 111 tabled because he just learned today that Tract 15 will be neighborhood service with a Stop and Go bshind his house. If he had been aware of the situation previously, a better plan could have been figured out. Mr. Holt said that the neighborhood service zoning has been in place for over a year. f Mr. Laudin stated that he does not take the Denton paper. The lights and traffic in his back yard will effect the tranquility. Also, he is interested to know how they will handle the property because of a steep hill. They will have to dig down about 30 feet right off his back yard. He asked if they will be installing a retaining wall. It is almost too steep to walk in some places. Mr. Holt said that the City Council approved the zoning in October 1988. It is not being considered at this meeting. t Mr. Morris said that the requirement is to notify property owners based on the City tax roll. f Mr. Laudin informed the Commission that the airstrip is surrounded by a housing area. There is nothing adjacent to Tract 16 but houses and house lots. He said that he resents development of a Stop and Go without being informed and others in the neighborhood feel the same way. + Mr. Engelbrecht asked if Mr. Laudin lives in Hidden Valley Airpark. Mr. Laudin said yes. Helen Laudin, Hidden Valley Airpark, stated that the airpark is a homeowner's association. It is wooded and beautiful, She said that she has a million dollar ' investment and had no idea that neighborhood service was being allowed next to her property. They pay I school taxes and would have participated in the meetings but did not know about them. She continued that she called Mr. Bascom today and learned that there will probably be a Stop and Go with gas pumps on the I 1 a I i i1 1 s Pan Minutes ' June 21, 1989 Page 9 DRAFT property. The water supply is from wells and they could become contaminated. Hidden Valley airpark is not an airport but a residential area with large lots. SF-7 lots are also planned adjacent to the 1J neighborhood. She added that they have not had time to prepare arguments. There were more people present at the meeting but they had to go home due to the lateness of the hour. This impacts the neighborhood heavily and they are requesting that the plan be tabled. Cliff Wildsmith, 82E Hidden Valley Airpark, said that he is past president of the homeowner's board. They have not received any notice. They are not part of Denton but are neighbors. Ms. Brock stated that this zoning has been in place for some time. A detail plan is being considered, not the ! zoning. E k Mr. Wildsmith said that people who will be buying property in the area need to be informed that they are in the flight path. j Dean Vixon, said that he is one of the founders of Hidden valley Airpark. He asked if there is a procedural way to become a participant in the meetings. Hidden Valley Airpark is a corporation that was annexed by Shady Shores. The airpark has been there for 28 years. It has an approved FAA flight pattern to the west. He asked why the City of Shady Shores was not notifi%d through the Mayor or why the neighborhood as a corporation inside of Shady Shores was not notified. j Mr. Holt said that the mayor of Shady Shores was aware of the zoning. She spoke at the hearing. Ms. Brock added that the Mayor had quite a bit of contact with the developer. Mr. Nixon said that he was on the Planning and Zoning Commission of Shady Shores when the developer made a presentation about Meadowlark Lane. It was turned i.~ down. Me. Brock asked if he was aware that the development I! h was planned. Mr. Nixon said yes but not of its commercial aspect. They were not given any notification of any of the hearings. He talked with the Mayor and she was not I formally informed of this meeting. It would have been nice if Denton had been a good neighbor and informed them of the hearing. j a P&Z Minutes June 21, 1999 Page 10 DRAFT Ms. Brock said that the Mayor had been very involved in the discussion on this project. 1 Mr. Robbins stated the detail plan for the neighborhood service tract is not being considered at this meeting. If the Commission would like, a representative from Shady Shores or Hidden Valley can be notified when the detail plan for the tract is scheduled. Mr. Nixon said that the neighborhood is concerned about the area adjacent to them and would like the plan to be tabled until they can assemble some more facts about it. Molly Hyde, 75E Hidden Valley Airpark, said that she is currently on the board of directors for the corporation. She pointed out that although the neighborhood service is not on the agenda, everything I around it is. That means that it is being locked into place. By not addressing it, it is still being addressed. It will have to be where everything else is l i not. It it on the agenda posted for the meeting. Mr. Holt sated that the Southview project started three or four years ago. It effected a mayor election and made a lot of headlines. It was turned down several times before it was formally approved. Ms. Hyde asked if the neighborhood service is legally required to be at that location. It is right against people's yards. It is a poor location for a service center because it is at the end of a dead end road. After the neighborhood service area, the road becomes 1 dirt. It is not accessible to people in thn immediate 11 neighborhoods. This is a wooded area with nice homes. Ms. Hyde suggested that it would be more acceptable located at Creek Crossing and Street Y. There would be more access and it could be designed so that no homes would be facing it. Very few would be affected. h Ms. Brock said that the zoning cannot be changed C tonight. A petition is needed from the developer to I change the zoning which is already in place. RECOMMENDATION: Ms. Evans stated that the staff believes that the proposed chai,ges from the approved concept plan for the number of lots and the acreage are appropriate and minor as they are the result of moving Lakeview Boulevard and maintaining the natural drainage system. The proposed change in minimum tot size for 1 v 1 s P&Z Minutes ' June 21, 1989 D R Page 11 A FT the Single Family-10 tracts from 10,000 to 8,750 square feet is okay as the average lot size is 11,000. The Commission may wish to maintain the existing minimum lot size Engineering staff does not recommend approval of the two half cul-de-sacs requested by the petitioner. If the Commissioners choose to grant the variance they should address why the request meets the criteria identified in the General Information portion of this report. Engineering staff recommends the signalization locations as identified in the Transportation Improvement Plan and the Location of J Intersection attachment report and that the payment issue be resolved when warrants are met through an 1 independent study to determine the developer's proportionate share. On the Boulevard Concept plan there is a provision for a six foot continuous sidewalk for hiking and biking. Engineering $aid that for biking the sidewalk should be eight feet, so it is a simple matter of the petitioners agreeing to delete the, word "biking." We can try to discuss the issue and resolve it later to see if we can use a wider trail. She continued that the Planning and Development 1 Department recommends approval of Z-89-003 with the following conditions: 1) The detail plan shall be j corrected prior to City Council hearing, so that the half cut-de-sacs are removed from the detail plan, 2) i Except as provided on the Detail Plan, the Boulevard concept as amended,'and the Buffer concept, the standards and requirements of the Landscape and Tree Preservation and Sign Ordinance shall apply to this Planned Development. 3) The Development Standards transportation section shall be revised to reflect the following: RMB Realty, Inc. will pay their proportionate share of the cost to construct the traffic signals at Lakeview Blvd. and Street B/F and Pockrus Page Road and Creek Crossing Drive based on an I independent traffic, engineering study that establishes the need and justification based on the TMUTCB signal warrant 1-8. The proportionate share will be based on the traffic generated by RMB Realty, Inc. development as a percent of the total. RMB Realty, Inc. will pay the proportionate share of the independent traffic engineering study. j REBUTTAL: Mr. Bascom said that in regards to Hidden Valley, the uses are spelled out. Discussion of appropriate uses would be welcome at the time of the detailed plan for that area. He said that the mayor of Shady Shores was present at the meetings and he has visited with her on several other occasions. He will respond to her questions. The discussion as to the road outlets on Pockrus Page lasted a full five months. I i r z P&Z Minutes June 21, 1984 Page 12 DRAFT i3 An attempt was made in design to reduce the amount of cut-through traffic. Originally only two accesses were planned. If the road is moved further west, people will cut through the neighborhood. Chairman Brock closed the public hearing. DECISION: Ms. Kiker stated that she does not think the eyebrows look like cul-de-sacs. She moved to recommend approval of the detailed plan and amended concept plan as recommended by staff with the exception of condition number one. Seconded by Mr. Holt. Mr. Engelbrecht moved to amend the motion to require the petitioner to install conduit for signalization at the proper intersections at the time of roadway "7 construction. Seconded by Mr. Kamman and unanimously f carried (6-0). Vote on original motion carried (5-1). Ms. Morgan f voted no. Mr. Kamman and Ms. Kiker left the meeting. B. PRELIMINARY PLAT OF THE SOUTHVIEW ADDITION - SECTIONS 1 and 2. BEING PHASE IA AND TRACT 10 OF PHASE 1B, STAFF REPORT: Mr. Yost stated that the plat is a 217.3 acre tract stretching from Shady Shores Road and the M.K. 3 T. Railroad an the south to Creek Crossing Drive, several residential roads, and the Denton city limits on the north, from the Gideon Walker Survey, } Abstract No. 1330 in the City and County of Denton, Texas. The land is currently zoned Planned Development (PO-132) and development for multiple usage is anticipated to include single-family, multi-family, neighborhood service, right-of-way, a proposed elementary school site and passive open spaces. The developer's entire holdings extend northward to Highway 380. However, only the first phase is being reviewed at this time. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available or planned for. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations as the variance issue was resolved. DECISION: Mr. Holt moved to recommend approval of ! the preliminary plat of the Southview Addition - Sections 1 and 2, being Phase 1A and tract 10 of Phase 18. Seconded by Mr. Engelbrecht and unanimously carried (4-0). ~-o k s t P&Z Minutes Jun a. une 21, 1989 Page 13 DRUT IV. PRELIMINARY REPLAT OF THE WATTAM ADDITION INTO LOTS 3A 3B e,.in 3n PLOCK 4 FROM PART OF LOT 3. BLOCK 4. STAFF REPORT: Mr. Yost stated that the reptat is a .495 acre tract located at the southeast corner of Fannin Street and Welch street south of the main campus of the University of North Texas. The property, and all abutting tracts, are zoned single-family (SF-7) and shown in the E. Puchalski Survey, in the City and County of Denton, Texas, Survey Abstract Nol 996. Currently, Lot 3 is one large lot containing three residential structures and is approximately 21,426 square feet in size. The applicant proposes to subdivide, creating three lots. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. In addition, the applicant proposes to construct a sidewalk along both frontages of the site. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations, with several exceptions. The proposed Lots 3A and 3B do not meet the minimum width of 60 feet or area of 7000 square feet. Also, the side yard of Lot 3B is less than the requirement. As an infill development, however, enforcing all the regulations would counteract the Denton Development Plan's encouragement of redevelopment in existing neighborhoods. DECISION: It was moved by Mr. Holt, seconded by Mr. Engelbrecht and unanimously carried (4-0) to recommend approval of the preliminary reptat of the Wattam Addition into lots 3A, 38, and 3C9 Block 4 from part of Lot 3, Block 4. V. DISCUSSION The Commission agreed to postpone discussion of the closing of Locust and Myrtle Streets and the Eagle Point Preliminary Plat until the next meeting. Meeting adjourned at 1:00 a.m. on June 22, 1989. 1- ~ i 1 i IAN T-W 5'30 ~3 DATE: 08/01/89 lu CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT& ADOPTION OF AN ORDINANCE AMENDING APPENDIX B - ZONING OF THE CODE OF ORDINANCES TO PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT RECOMMENDATIONt The Planning and Zotiiag Commission recommended approval of their meeting of May 24, 1989 (6-U). i , The Historic Landmark Commission recommended approval at their ' meeting of March 20, 1989 (S-U). " SUMMARYt The regulations will provide for more specific guidelines and requirements for new construction, additions or changes to the facade of structures in the Oak-Hickory Historic District. Currently, the Historic Landmark Commission has the authority to grant Certificate of Appropriateness for changes but this is totally at their discretion without guidelines in the ordinance itself. 46 The regulations will give both the Historic Land Commission and the petitioner direction for submittals and decision making. BACKGROUNDt In 1986, the City Council approved the Oak-Hickory Historic District. The historic landmark preservation section of the toning ordinance required the historic Land Commission to prepare a district preservation plan. This plan should include sign, parking and architectural regulations. Currently a Certificate of Appropriateness is required when changes or alterations are proposed to structures within the district. The Historic Landmark Commission has worked on the regulations since 1986. a. r [r.. V SYi Y y f City Council Report Format W ' d Acgust 1, 1989 Page 2 , PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Property owners on Oak-Hickory Historic District and the Historic Landmark Commission. F FISCAL IMPACT. N.ne pectfully aubmittedt I PL V Harrel E City Manager Prepared byi is th Evans Ple ng Administrator Approvedt r rank Bobbin , AICP L:erutive Director J Planning and Development I 1878k I i I d s R n r 1 v I M 2289L/5389 {~a c~lnien~ NO. AN ORDINANCE MENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE 28B TO PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIM(M AMOUNT OF $29000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 'I - WHEREAS, in accordance with the provisions of Article 28A of f Appendix B-Zoning, the City Council has enacted Ordinance No. 87 224, providing for the creation of the Oak-Hickory Historic District; and, WHEREAS, in order to protect and preserve the District, the Historic Landmark Commission has proposed and recommended addi- tional regulations for the District; and, WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed regulations; and, WHEREAS, the City Council has determined, after a public hearing thereon, that the following regulations are necessary to insure the protection and preservation of the District; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Appendix B-Zoning of the Code of Ordinances, as amended, Is further amended to provide for a new Article 28B to read as follows: ARTICLE 288 OAR-HICKORY HISTORIC DISTRICT REGULATIONS Section 28B-1. Purpose. The purpose of this article is to insure the protection and preservation of the Oak-Hickory Historic District by providing for regulations for the use, construction, alteration, repair, improvement, and alteration of buildings, i structures, properties, and sites within the District. I Section 28B-2. Definitions. The words used in this Article shall have the following meanings; "Commission" shall mean the Historic Landmark Commission authorized and appointed in accordance with Article 28A. I~~ T-W 4r *-W t "District" shall mean the area encompassed indt described kiny Historic District gs amestablished by as Ordinance 87-224, 28B-3. Application of Regulations. Section or to allow or A. It shall be unlawful for any person to do, acts on any cause any other person to do, any of the following property located within the District without first applying for and receiving a certificate of appropriateness from the commission: 1. Constructing a new building or making an addition to an 1 existing building. 2. Reconstructing, altering, changing, or restoring the I exterior facade of any existing building. or locating any building. 1 3. Placing 4. Performing any act for which article Y8A certificate of appro- + priateness is required by wall sign, or other j 5. Constructing or erecting a fence ulation permanent improvements which are ,subject to reg by this article. B. Any construction, alteration, or improvement made on any ~ property within the District which itu d n be re quire a siblecertificaate shall be of appropriateness by reason of not i from ny s provided in this rtocthe beginning 2 of the work, public street as submitted to the Commission, p rovement would be visible for its determination of whether the imp from a public street. C. Other regulations applicable to the District as contained in any other article of Appendix S- Zoning orexcept °das°gpe~ifically shall continua to apply to the District, modified herein. other Ordinancese theflprovisionsaof this D. any tprovision Code of this provision n o ~ article shall govern and control, any rovision 3 E. Where any provision of this article modifiestheyworde used of any other ordinance applicable to the District, rovisions of the unless thesdedefined finition n is eotherwise provided herein shall have the ordinance modified, for herein. PAGE 2 zz ' j I J . u , i t r Section 28B-4. Approval Procedures. The requirements and procedures of article 2BA-9 of Appendix B-Zoning of the Code of Ordinances, providing for application and issuance of certificates of appropriateness, shall apply and be followed for any certificate of appropriateness required herein; provided, however, that no certificate of appropriateness required y art'.cle 2BA-9 or this article shall be granted except upon compiiance with the additional regulations of this article, where applicable. Section 28B-5. Architectural Regulations. A. Main Building - Main buildings must be compatible in scale with structures ex sting in the District. B. Accessory Buildings - Accessory buildings which are visible from any pubi~treet, other than an alley, as determined by the Commission, must be compatible with the scale, shape, roof form, materials, detailing and color of the mein building. C. Architectural Detail - Materials, colors, structural and j decoration a ements an the manner in which they are used, applied, or joined together must be compatible with nearby and ! adjacent structures. D. Awnings - Metnl and corrugated plastic awnings are only permitted o g-an accessory building or the rear facade of a main building, if not visible from any public street, other than an alley, as determined by the Commission. Other awnings must be typical of any proposed structure and the character of the main building, i E. Building Placement - All buildings must be placed so as to not adverse y affect he rhythm of spaces between buildings on the block. F. Chimneys - All chimneys must be compatible with the style of proposedu11ding. Chimneys must be constructed of brick, stucco, stone, or other materials compatible in texture, color, and style with the proposed main building. G. Additions - All additions to a building must be compatible f j with the om nant horizontal or vertical characteristics, scale, shae, roof form, materials, detailing and color of the existing buiplding, I PAGE 3 - - `r i . I H. Color 1. Certain Colors Prohibited - Fluorescent metallic colors are not permitted on t hi exterior of any structure in the District. 2. Dominant and Trim Colors - All structures must have a om nant color. w c s all not be of vivid satura- tion. The colors of a structure must be complementary to each other and the overall character of the main building. r 3. Gutters end Downs outs - Gutters and downspouts must be r ' 37a co or t at matc es or complements the color scheme of the main building. h 4. Roof Colors - Roof colors must complement the style and ove- raT~c--oTor scheme of the structure. 5. Masonry and Brick Surfaces - Masonry and brick surfaces not previously pa me must not be painted unless it is j determined that: I a) The painting is absolutely necessary to restore or preserve the masonary or brick; or b) The color and texture of replacement masonry or v brick cannot be matched with that of the existing masonry or brick surface. 6. Stain - The use and color of stain must be typical of r t`Fie style and period of the structure. i 1. Facade Materials 1. In General - The only permitted facade materials are r c , wood siding, wood, stone, and stucco. All facade treatments and materials must be typical of the style and period of the main building. 2. Wood Facades - Existing wood facades must be preserved as woo it as 0 J. Front Entrances and Porches 1. Detailing - Railings, mouldings, the work, carvings, an of er detailing and architectural decorations must be typical of the style and period of the main building. i PAGE 4 i .s t a t k r 1 . i 2. Enclosures - A front entrance or porch may not be ith any material, including iron bars, glass, encc o T- or mesh screening. 3. Facade Openings - Porches must not obscure or conceal any facade openings in the main buildings. 4. Floor Coverings - Carpeting is not permitted as a porch oor or step covering. 5. ~S~tyle - Each proposed main building must have a front porcfi or entry treatment with a shape, roof form, materials, and colors that are typical of the style, of the proposed main building. A tram entry or porch must reflect the dominant horizontal and vertical characteristics of the proposed main building. K. Roof Forms 1. Material and Colors - Roof material and colors must complement the stye and overall color scheme of the structure. 2. Patterns - Roof patterns must be typical of the style an3-period of the main building. 3. Slope and Pitch - The degree and direction of roof 'sl'ope and-pitch must be typical of the style and period of the main building. 4. Sk li hts and Solar Panels - The commission may allow skylights an so ar panes on a building if their placement does not have an adverse effect on the architecture of a building or the District as a whole. i L. Windows and Doors 1. Front Facade Openings - The location and size of windows an doors in proposed facades must be compatible in scale with the typical style and period of the main building. 2. Glass - Reflective, tinted, and mirrored glass and j plastic are not permitted in any opening. 3. Screens Storm Doors and Storm Windows - Screens, storm oors, an storm windows may a perm tted ifs PAGE S i .1 p ~ a. Their frames are painted to match or complement the color scheme of the main building; and h ~ b. They do not obscure significant features of the windows and doors they cover. 4. Securit and Ornamental Bars - Security and ornamental ars are on y perm tte on t e exterior of an accessory building, the rear facade of the main building, and the interior of the building. 5. Shutters Shutters must be typical propose main building and appear to be installed in a perform their intended function. 6. Style - All windows and doors in the front facade of t main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size - The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. 8. Frames - The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. 2pt_p_ings - All windows, doors, and lights in the front and sine facades of the main building must by typical of the style and period of the building. Sidelights must be compatible with the door. M. Outdoor Li htin Outdoor light fixtures must be compatib-fe w t tie sty a and period of the main building and not obscure or conflict with significant architectural details of the building. ~ a Section 28B-6. Fences A. Form 1. Fences must be maintained in a vertical position. 4 2. The top edge of a fence must be along a line that is either horizontal, or substantially parallel to grade. B. _H_eei~iggh~t~~ - The maximum permitted height for a fence shall be as provided by the Code of Ordinances. PACE 6 i h 1 T } t } 9 t1 61 B ,r 1 C. Materials - A fence must be constructed of one or more of the to lowing materials: wrought iron, wood, stone, brick, patterned concrete or stucco. Exposed concrete blocks are not permitted. D. Color and Style - Fences must be of a color and style complementary to die main building. E. Masonry Columns and Bases - The color, texture, pattern, I and dimensionsof masonry an the color, width, type, and 1 elevation of mortar joints in a fence column or base must match ' the masonry and mortar joints of the main building as nearly as practicable. F. Metal Fences - Wrought iron and metal fences must be compatible w t the style and period of the main building, C. Wooden Fences 1 1. All wooden structural posts must be at least four I inches in diameter. 2. The side of a wooden fence facing a public street must 14 be the finished side. 3. Wooden fences may be painted or stained a color that is complimentary to the main building. Section 288-7. Sign Regulations. A. A licable Re ulation• Modifications. All signs located within t e str ct s a e to the provisions of su ect Article 17 of Appendix B-Zoningp except as modified as follows: 818 _ _ 1. Si ns Permitted. No signs other than stake and wall no a a e permitted. Ground, too f, projecting, portable, and off-premise signs are prohibited, 2. Wall and Stake Sign Regulations, a) Number of Wall Si ns. Only one wall sign per + premise sperm tte , I b) Size. No wall sign shall have a maximum dimension w Fi`ch is greater than twenty-four (24) inches, measured along the greater distance of any one line which defines the effective area of the sign. No f 1 PACE 7 ( 7 ' t I f- i r stake sign shall have an effective area greater than ten (10) square feet. c) Wind Devices. No wind devices, other than flags of the nits -States or the State of Texas shall be permitted. A. A permitted flag shall not have a dimension, as to any one side, which is greater than six (6) feet. B. Address or Name Signs. The sign regulations of this , article shall not apply to the signs or numbers which are used solely to identify the street address of the premise or to identify the street address of the premise or co identify by name the occupants of a residential building. j C. Approval Procedurefor _Wall Signs. No new wall signs { ` shall be constructs or located, an no existing wall sign shall be altered, until a certificate of appropriateness is issued by the Commission in accordance with the procedures applicable to alterations or changes of the exterior architectural features of buildings, as provided for in Article 28A of the Code of ordinances. A Section 28B-8. Parking Regulations. 1 A. A licable Regulations, Modifications. The provisions of Article 15 o Appendix - on ng, as amen e , shall apply to the District, except as modified as follows: 1. Location. All off-street parking spaces for any buildin used as a multi-family dwelling or for a nonresidential use shall be located between the j building fronting the public street and the rear property line. r 2. Number of Parkin Spaces. Each specified use shall E provide the following umb-er of parking spaces: a. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. b. Nonresidential uses shall provide one and one-half (1.5) the number of parking spaces required for that use by Article 15 of Appendix B-Zoning. i PACE 8 J 1 pr low B s° F 3 . x v p h SECTION it. That if any section, subsection, paragraph, sentence, c ause, phrase or word in this ordinance, or application 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 portions despite declares it would rinvalidity. rema!niDenton, have Council enactd the City SECTION III. Any person who shall violate a provision of J this or nance, or fails to comply therewith or with any of the i requirements thereof, or of a permit or certificate issued thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. i i SECTION IV. That this ordinance shall become effective fourtcan days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 1 the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1989. RA STEP ENS, MAYOR ATTEST: JENNIFER WMERS, CITY W APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCB, CITY ATTORNEY BY: PAGE 9 1-9 OAK-HICKORY HISTORIC DISTRICT DENTON TEXAS f to + sse 1 ess. _a Li ~ 1 1 u IJ Ll 11 a p i a l1J s s~ r' S ILI - f 2 U , NORTH ~aI r ae 4 B Q sip ` 1B s ,1 la a s I Il► _ i ' p=s ~ 1 IT ~e u / u q f7 i > ©~I [ t CJ 477 + PEARL © 00 -td~ n xf ,s _ Ii t L..,J 6»e 2 al t a : OREOi3 + + ace I! = - - 14 8L l ele s Ltl F L"`1 MT bas 1?.1e l9 t t z ~7 1 - o U. 617 f + WEST OAK L - ` ep .,W. 6 + + 'Q tMtt 1 V -1v~,S+ ~jI2 3 4 m - _ 3 Q 329 ° z - fi ~ IS ! B ~ ~S 11 16 IS 17 f i ! _ - W ~ _ U f s LLLL 7 r 11 r / 1 ! 5 y 1 a 11 . • k.l I1, 1~ 9 ! ) 2. 1 10, 1 l81 - IJ UI I e i WEST HICKORI' If 3 ?a t i s Is 1 ro It 1 , 1 to f 111 M `R 1 S y lel. 1 !s le , fr to 20 f e! i 1 I I 1 i Y ~ p~ctimG~f ~ DRAFT Minutes PLANNING AND ZONING COMMISSION May 24, 1989 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, May 24, 1989, at 5:00 P.m., in the Council Chamber of the Municipal Building, Present: Jim Engelbrecht, Ivan Glasscock, Judd Holt, William Kamman, Etha Kiker, and Fran Morgan Absent: Euline Brock Present from Staff: Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; and Olivia Carson, Clerk-Typist -1 Vice-chairman Holt called the meeting to order. , 1. -MINUTES A. Consider approval of the minutes of the joint and regular I meeting of March 22, 1989. I Mr. Glasscock moved to approve the minutes of the joint and regular meeting of March 22, 1989. Seconded by Ms. Morgan and unanimously carried (6-0). B. Consider approval of the minutes of the joint and regular meeting of April 12, 1989. It was moved by Mr. Kamman, seconded by Ms. Morgan and unanimously carried (6-0) to approve the minutes of the joint and regular meeting of April 12, 1989 II. PUBLIC HEARING A. Petition of the Denton Historic Landmark Commission (HLC) requesting the adoption of an ordinance amending Appendix B Texas, by -Zoning of the Code of Ordinances of the City of Denton, regulations adding the ndak Hickory 2 Hiisto to ri cr District, including architectural, sign, and parking regulations. 129 notices were mailed to property owners in the District and within 200 feet; 7 reply forms were received f in favor, 5 in opposition, and 1 was undecided. Vice-chairman Holt opened the public hearing. 1 J 1 P 6 Z Minutes DRAFT May 24, 1989 Page 2 JI JIFF REPORT: Ms. Evans stated that currently the zoning 1 ordinance allows the Historic Landmark Commission to have authority over changes made to the facade of buildings within the historic district. The proposed regulations would provide more guidance in the decision making process. Most of the reply forms received in opposition to the regulations are from those who are opposed to the district itself. This request is not related to the establishment of the district but to regulations concerning it. ~I Mr. Kamman said that he thought only two owners were opposed to the district previously. Ms. Evans said that several people have been by the office and picked up copies of the proposed regulations. + f i The boundaries of the district are along the north side I I of Oak Street from 610 W. Oak west to the intersection of Oak and Fulton streets; along the south side of Oak i Street from 609 West Oak west to the intersection of West ! I Oak and Welch Streets; the north side of Hickory Street from the intersection of Hickory and Welch Streets to the intersection of Hickory and Williams Streets; the east side of Denton Street from the intersection of Denton and Oak Streets to the intersection of Denton and Pearl Streets; and the south side of Pearl Street from 607 Pearl west to the intersection of Pearl and Denton Streets. Ms. Kiker asked if there will be any cost to the homeowners. Ms. Evans stated that the regulations are not 1 ' requirements but are for guidance in any alteration or new construction. Certificates of Appropriateness are required prior to changes but there is no cost for obtaining one. Ms. Kiker asked what method will insure that future homeowners will be aware cf the regulations. Ms. Evans said that to be included in the historic district is typically used as a selling point by realtors. Copies of the regulations are available in the Planning Department. There is not a specific way to notify new owners of existing regulations. Regulations already exist for historic landmark structures. i j _1 or I-W fi w s q DRAF P & Z Minutes May 24, 1989 Page 3 ~4r, Holt stated that a realtor would probably have to reveal that the regulations exist. The district needs a sign. Ms. Kiker stated that it is ore thing to know that one is in a historic district and another to find out that because of it there are certain things one has to do. Mr. Holt said that the regulations are similar to deed restrictions. Ms. Evans stated that the Zoning ordinance currently requires that changes cannot be made to the facade I without the approval of the Historic Landmark Commission. The regulations being considered at this time are to provide guidance to the Commission and property owners as to what type of changes are acceptable. The current regulations give control to the Historic Landmark Commission but do not give any direction. The new regulations will provide a basis for decisions. I Mr. Glasscock asked if all houses within the district E conform to the proposed regulations. Ms. Evans said that if the do not, they are considered legal, non-conforming uses. She said the owner of the mad Hatter's building has received approval for a change without problem. The proposed regulations are for people who want to make changes in the future. Mr. Engelbrecht asked about the definition of complementary. Ms. Evans said that a definition is not provided in the ordinance but a dictionary would refer to a color chart. Mr, Engelbrecht asked about the parking regulations for non-residential uses in the district. Ms. Evans said that the requirement is for one-half space extra for every space required in the zoning ordinance. 1 It is intended to limit on-street parking. Mr. Engelbrecht asked about sign regulations in the district. I a-3 y 1 r F t ' P S Z Minutes 1G, R May 24, 1989 Page 4 Ms. Evans said that the Historic Landmark Commission worked on this ordinance at the same time the sign ordinance was being written. They felt that the sign j requirements they included would be more appropriate for the district. Mr. Engelbrecht asked if cedar fences would be allowed if they were not painted or stained. Ms. Evans said that it could be allowed if it was complementary to the main building. Mr. Kamman asked if words such as "match" and "complementary" are acceptable in court. Ms. Evans said that the words are intended to allow flexibility. There was a concern about vivid saturation, and odd, mismatched colors. They did not want neon blue j and green doors on white houses. The Commission attempted to gear things to relate to the main building on the lot. If the main structure is Victorian, then the accessory building and paint colors need to go with that period. Mr. Engelbrecht asked how the regulations will affect the variety of architectural styles in the district. Mike Cochran, Chairman of the Historic Landmark Commission, stated that the Commission was aware of the variety. The regulations are designed to permit room for value ,judgments. Some things should be allowed and I others should be omitted. I Mr. Holt asked if all Victorian houses were white. Mr. Cochran said that they were painted different colors. In Denton they were mostly white, in other places different colors were predominant. Opinions of what is historic changes through time and the regulations should be prepared for that. Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, pointed out that stake signs include realtors signs. They are usually a standard size and it may pose a hardship to them to have to make special signs for the historic district, This should be taken into consideration. He said that he is not opposed or in favor of the regulations and asked if businesses in the area had been consulted about them. 0? 4 I 1 t f DRAFT p 6 Minutes May 24, 1989 Page 5 Mr. Cochran stated that the HLC held a public hearing. Only one owner of a commercial property attended and he did not speak. Mr. Cott said that the entire community should spend time on the ordinance. He said that last week there was a community problem with Pep Boys. The residents of the Historic District may not want to give the idea that they -1 are chipping away the new sign regulations by allowing for wall signs only. A 24 inch sign is a small sign. PETITIOld Mr. Cochran stated that real estate signs are usually smaller than what is being allowed in the district. As far as business signs, there is only one commercial business in the district. It has a larger sign which will be grandfathered. The message to the community is that the district is residential in nature and it is undesirable for it to become a commercial district. Commercial development is not to be encouraged within the district. Sign regulations should be more restrictive than what is allowed along I-35 and University. A lot of the HLC discretion has been removed through these regulations. Standards for new structures in the district were included. Worst case neighbor situations were taken into account hence the reference to vivid saturation which has a distinct meaning and is designed to prohibit wild paint colors. IN FAVQR none present. OPPOSED: none present. acnnMMFNOATION; Ms. Evans stated that staff recommends approval of the oak-Hickory District Regulations. Vice-chairman Holt closed the public hearing. rir. Holt stated that there is a standard real estate sign that is used on different properties. He said that he thinks they are under 10 feet. That should be checked out. The Oak-Hickory District is a residential neighborhood and needs to be protected. Ms. Kiker stated that the reply letters are evenly split. She said that sho is ambivalent. The regulations are very restrictive. She added that she is unsure that she would want to have to ask permission to paint her house, but also understands the need to prohibit vivic saturation. c P 8 Z Minutes DRAFT May 24, 1989 Page 6 Mr. Holt stated that the regulations give guidelines. No permission is needed to paint unless the paint colors are being changed. Mr. Glasscock agreed. He sail that the regulations should have been done years ago. The main complainers are apartment owners. He said that he is in favor of the regulations and moved to recommend approval. Seconded by Mr. hamman and unanimously carried (6-0). I II i l E I I i i I I 1 i k ~ i~ac~r~caf 3 , t ~ MINUTES Historic Landmark Commission March 20 , 1989 The regular meeting of the Historic Landmark Commission of the City of Denton, 'texas was held on March 2J, 1989 at 5:00 p.m. in the City Council Chambers of the Municipal Building, 215 E. McKinney, Denton, Texas. Present: William Barker, Mike Cochran, Richard Hayes, Tom Miller, and Janet Shelton Absent: Judith Abbott, Catherine Conrady, Gaylen Fickey, and Bullitt Lowry Present from Staff: Elizabeth Evans, Planning Administrator; Jane Finley, Main Street Manager; and Olivia Carson, Secretary I Chairman Cochran called the meeting to order. 1. PUBLIC HEARING I Chairman Cochran opened the public hearing. STAFF REPORT: Ms. Evans stated that the Oak-Hickory Historic I strict is the only one in Denton. The proposed regulations ` for the district relate only to that district. If another ` district was created it would need it's own set of regula- tions. There is a variety of structures and styles in the Oak-Hickory District, and the regulations are worded loosely because of this fact. Currently, a Certificate of Appropri- ateness is required to make changes to the facade of strut- 1 1 tures within the district. The proposed regulations identify the circumstances for which a Certificate of Appropriateness will be required. Some reasons can be as drastic as a porch demolition or as small as a change of paint colors. The reg- ulations cover everything from building a new building to accessory buildings and additions, colors, facade materials, I porches, etc. The section on outdoor lights relates to fixtures, not to the lights themselves. Most of the regula- tions relate to being seen from the street and being in character with the main building, not to being in character with the district. The regulations also apply to fences, signs, and parking. New developments will be required to have more parking than is normally required in the Zoning I Ordinance. Mr. Cochran asked Ms. Evans to explain when a Certificate of Appropriateness is not required. I Ms. Evans answered that a Certificate of Appropriateness is not required to paint a structure the same color or to redo I the roof the same way. Anything that is replaced the same as it was previously does not require a Certificate. If the I change is different from what was originally in place, a I 3-/ i ~ J J T~ff -MW :.T".x9. L S I! 4k HLC Minutes March ZJ , 1989 Page 1 of 8 Certificate will be required. Owners can apply through the Planning and Development Department. The Historic Landmark Commission can make special efforts to help meet construction deadlines. Requests can be made in writing to the Planning Department and the owner need not come in person. A recent applicant sent paint strips to illustrate their request. Mr. Cochran asked what grievance procedure is available to the property owners. Ms. Evans said that the decisions of the Historic Landmark Commission can be appealed to the City Council. Ms. Shelton asked if the regulations apply to the interior of structures. Ms. Evans said no. Mr. Cochran asked what happens if the Commission fails to i take action on a request. Ms. Evans answered that if the Commission does not take ; action on a request within 60 days, the Certificate is deemed 1 issued. Mr. Cochran stated that it is unlikely that the Commission k would take that long to make a decision. Ms. Evans said that applicants can request longer time periods. A member of the audience asked who the property owners should j contact to determine if a Certificate would be required. Mr. Cochran said that the Planning and Development Department j can answer questions of that nature. i Ms. Evans emphasized that Planning should be informed of any + proposed demolitions. { Ms. Penny Edyvean, 10JJ W. Hickory, said that a problem has { been created because a large truck is being parked in the District. Ms. Evans stated that there are requirements concerning parking of different size vehicles on certain size streets. Mr. Cochran stated that the Commission did riot want to make the district regulations too restrictive. IN FAVOR: None present. I OPPOSED: Don Davis, owner of 7JJ W. Hickory asked how the regulaiions will effect the sign on the roof of nis commercial building. 3-z i ,S A 3 i HLC Minutes t March Zo , 1989 Page 3 of 8 Mr. Cochran answered that the existing sign would be grand- fathered. Mr. Davis asked about replacing the face of the sign. Mr. Cochran replied that the face could be changed. A change to the structure itself would require a Certificate of Appropriateness and if there is a six months vacancy, the grandfather condition is forfeit. He asked Mr. Davis about his previous encounter with cite Historic Landmark Commission. Mr. Davis stated that he iad been afraid of having problems but instead got what he wanted without difficulty. The structural change was granted due to necessity. Chairman Cochran closed the public hearing. DISCUSSION AND DECISION: Mr. Hayes stated that the original enabling ordinance deals with individual structures that have historic designation. fhe new regulations are for the district. Many of the structures in the district are not individually designated. The new regulations need to address demolitions of structures within the district. Ms. Evans stated that according to the Zoning Ordinance, the definition of historic landmark covers districts. That is how the district nas been protected up until this point. She referred Mr. Hayes to the Pistoric Preservation Plan. Mr. Cochran stated that page 4, paragrapn Z should read that colors should be complementary to each other, not of each other. Ms. Evans asked if the Commission would like for tnat paragraph to refer to the overall character of the main building instead of the district. Mr. Miller said yes. A gentleman in the audience asked the definition of a main building. Mr. Cochran replied tnat it is the dominant structure facing 1 the street. C Ms. Evans asked if the Commission would like to include pat- terned concrete in the list of acceptable fence material. Mr. Miller said that it should not be forbidden out of hand. It could be okay if it is well designed. Mr. Cochran stated that he has seen bad examples of patterned concrete and is not optimistic. 3.3 t~ HLC Minutes March 2J , 1989 Page 4 of 8 i Mr. Mi:.ler asked why the regulations require the top edge of a fence to be flat. Mr. Cochran stated that the intent was to weed oul :heaper, , stockade type fences. Mr. Miller said tnat there are good fences of 18th century 1 stone masonry that nad little rooftops to shed water. Maybe the intent of the passage was to say that the top edges of fences snould be continuously level. He suggested elimi- nating the sentence that calls for that requirement. He moved to add patterned concrete to the list of acceptable material for fences in the historic district. { Seconded by Mr. Barker. r Roll call vote: Mr. Barker - aye Mr. Cochran - nay Mr. Hayes - aye Mr. Miller - aye Ms. Shelton - aye { Motion carried (4-1). i Mr. Miller stated that security and ornamental bars can be required for some styles. The bars should be in character with the main structure. Mr. Cochran said that the Commission does not want to dis- courage security. If the bars are on the inside they will look better. Mr. Miller said that deciding each case individually gives the greatest number of options. J Mr. Cochran said that he could no:. imagine a building in the i district for which ornamental bars could be compatible. Mr. Miller moved that security and ornamental bars must be in J character with the main building and the rest of the para- graph on page 4 concerning the bars sho..ld be omitted. Motion failed for lack of second. Mr. Miller said that a skylight or solar panel cannot be defined as automatically being adverse to the design of a structure. People are not used to seeing them but they are a k new technological advance. Mr. Cochran suggested removing the first sentence concerning skylights and solar panels on page S. J t HLC Minutes ` March 23 , 1989 Page 5 of 8 . Evans said that the phrase "at another location" could be Ms removed. Mr. Miller advocated taking out the sectioi; all together. Mr. Cochran said that adding a skylight or solar panel would be a major architectural change requiring a Certificate of Appropriateness. skylights and Mr. Miller moved to delete t nd he paragrapt; on solar panels. Seconded by Mr. Cochran a unanimously carried (5-0)- Nis . Evans pointed out that the section on roof changes would 1 cover the situation. Mr. Miller said that requirements for wind devices should be consistent. Ms. Evans said that wind devices armntione insae sect tion relating to signs for advertising purposes. she would check the definition a of wisdnotvicerestricti igas ordinance. The new sign the district regulations. Mr. Cochran slid that the section on signs should be left in the district regulations. 1 A woman in the audience asked about regulating bad sculpture. ` Mr. Cochran said that a few years ago a sculpture was put out with an advertisement on it. fne advertise~uent had to be removed. Mr. Hayes stated that tnere are good things in Article 28A that would be used in Article .7.8B. Specifically the require, ments for demolitions and permits for removal, and the power to force repairs snould apply to the Historic District Regulations. ive Ms. toiremove individualCdesignations5 theypmaytnot authority wish to change the boundaries of the historic district. fine can be levied failure 1 Appropriateness. i ~ Department of Mr. Hayes concerns about the Regulations. MHayes a moved to hve cler ulationsato theaeffectlttatnretlie gulations iappli- District Reg designated structures are also caabblle e t to o individually i applicable thirstBarkereandiunanimoustlyscarriedi(5-0), Seconded by ~-O I z. HLC Minutes March 2J, 1989 Page o of 8 1 Mr. Hayes stated that instead of using the word "structure", the word "district" could be used to transfer the require- ments from Article 28A to Article 28B. Mr. Cochran asked when the regulations will go to the Planning and Zoning Commission. Ms. Evans said it would be the end of April or the 10th of May. She pointed out to the Commission that they did not vote on changing the wording concerning the dominant and trim colors. Mr. Miller moved to change the regulations on page 4, section r H.2, to read that the colors of a structure must be comple- meatary to each other and the overall character of the main F building. Seconded by Ms. Shelton and unanimously carried 4 Ms. Shelton moved to recommend approval of Article 28B, Oak-Iitckory Historic District Regulations as amended. Seconded by Mr. Barker. Mr. Cochran stated that the Historic District and the Regu- lations for it will be a good thing for the City of Denton and possibly for the property owners within the district. He said that ne is convinced that it is good for the future and will not be a detriment. 1 Roll call vote: f Mr. Barker - aye j Mr. Cochran - aye Mr. Hayes - aye Mr. Miller - aye Ms. Shelton - aye Motion carried (5-J). Meeting adjourned to the City Manager's Conference Room. II. DISCUSSION A. Quaker Town site marker, Mr. Cochran stated that the Commission has the authority to place a historic site marker to commemorate Quaker Town and he would like the Commission's encouragement to pursue the matter. The black neighborhood was forcibly removed by the City. Perhaps a civic group could make a proposal for a marker at the site. Mr. Miller asked who would pay for the marker. A / !linutes AIlaeAme"7 Historic Landmark Commission December 12, 1988 Page 7 Chairman Cochran opened the public hearing. IN FAVOR: none present. OPPOSED: none present. STAFF REPORT: Ms. Evans stated that the Building Inspections Department received a request for demolition of a vacant, sub-standard garage apartment. Because it is in the Historic District, the Commission must approve the application. The owner of the property is in a nursing home. Her children have made the request. DISCUSSION AND DECISION: Mr. Barker stated that the structure is about to fall in. Mr. Cochran agreed that the structure is in poor condition. He closed the public hearing. I Mr. Lowry moved to approve the demolition permit for a garage apartment located at 704 W. Oak. Seconded by Mr. Barker and unanimously carried (5-0). IV. Consider making a recommendation on the Oak-Hickory Historic District Regulations. Mr. Lowry moved to remove the discussion of the Oak-Hickory Historic District Regulations from the table. Seconded by Mr. Barker and unanimously carried (S-0). Ms. Evans stated that she needs clarification on some issues from the Commission. She asked if the Commission wants to require a Certificate of Appropriateness for fences. Mr. Lowry said that if substantial changes are made on any detached structure, a Certificate of Appropriateness should be required. Mr. Miller said that one should be required if the fence is visible from the street. Mr. Morris stated that the Commission may not be able to object to a fence if it meets the regulations for the j district. i Ms. Evans read the section of the district regulations concerning fences. 1 Minutes Historic Landmark Commission December 12, 1988 Page 8 Mr. Miller said that the Commission will only need to review the requests if something is requested that does not meet the regulations. Mr. Morris asked if the Commission wants to see new fences or fences that are being repainted a different color. Mr. Lowry drew an example of a fence that technically complies with the district regulations but was unsightly and historically inappropriate. 1 Mr. Morris stated that he is receiving the impression that the Commission wants to see all changes. Ms. Evans asked the Commission is they wanted to allow accessory buildings in side yards. Mr. Lowry said that accessory buildings in side yards j should require a Certificate of Appropriateness but should not be prohibited. Ms. Evans asked if accessory buildings should be compatible with the main building if they can't be seen from the street. Mr. Miller asked if the Commission's charter limits their sphere of influence to what can be seen from the street. Ms. Shelt,n asked how something like a greenhouse could be made compatible. Mr. Lowry said that a greenhouse is true to itself. It does not have to be compatible. Mr. Morris said that the Commission can prohibit accessory buildings in side yards altogether. Mr. Cochran said that the Commission does not wish to totally prohibit them. Ms. Evans stated that the accessory buildings in the side yards should be compatible to the main Structure. Mr. Morris asked if the Commission wanted to take out the prohibition and leave the accessory buildings to the Commission's discretion. Mr. Cochran said yes. i i 1 f ` S i i NI in utes Historic Landmark Commission I t December 12, 1988 Page 9 Mr. Lowry pointed out that any building can be seen. Ms. Evans read the definition of accessory structures. Mr. Robbins said that it will be difficult to distinguish between something that is hung on the main structure and an accessory building. Mr. Lowry said that it should be up to the petitioner to demonstrate whether a building can or can't be seen. Mr. Morris stated that he needs to know whether people can build in the back yard and whether it has to be designed to be compatible to the main structure. Mr. Lowry said that there were two houses around TWU that were not granted historic designations because too much remodeling had been done in the back. Mr. Miner said that may have only been an excuse. Ms. Shelton stated that all accessory buildings should be reviewed by the Commission. { Mr. Morris said that the regulations should be clear. { Mr. Cochran asked the Commission if they want to depend s on fences and trees to hide things. Mr. Lowry said that those things may not be as permanent as the accessory buildings. Mr. Cochran said that the compatibility requirement could be extended to the back yard. Nr. Morris stated that the standard that the Commission has been using applies to the facade and to what can be seen from the street. He asked the Commission if they want to have control over what cannot be seen from the street. f Mr. Lowry asked if there can be a different standard for corner lots. Mr, Morris said that all accessory buildings could require approval by the Commission. He asked the Commission f they want the accessory buildings to comply with the regulations if they are not visible from the street. 1 J rI } Minutes Historic Landmark Commission December 12, 1988 Page 10 Mr. Lowry said that theaccessory atbui it is proved not to h en Commission street, then the buildilding would ng would not have comply with the regulations. to co Mr. Robbins asked if the commission wants greenhouses and playhouses from to exclude the definition de accessory buildings, Ms. Evans said that they are compatible with the definition. 1 Mr. Robbins said that the definition is broad enough. I Mr. Cochran stated that compatible doesn't mean identical. Ms Evans Inspections ab ut theatreferences to abriek facades, The regulations are more strict than the Building Code, The Building Code only requires that bricks meet UBC masonry standards. I Mr, Lowry said that the intent was to distinguish between v masonry, adobe, and tile. Ms, Evans stated that the Building Code talks about t standards of strength, etc. She said that she does not ' know where the wording regulations came from. This apart of the bricks was written by a former employee. Mr. Miller said that the wording is probably the standard + { of sume type of masonry association. There are some bricks made in Mexico that wouldn't meet the standard and that is probably what it is intended to prevent, There needs to be some wording in addresses how much bricks are fired to regulations that Most of the bricks in Denton are for veneeruandsstrength is not required, The regulations should be as non- restrictive as possible. He said that changing the regulations to make bricks meet the requirements of the Building Code is acceptable. Mr. Barker said that the Commission does not want the ` Mexican brick that crumbles in the historic district. Mr. Miller pointed out that some Mexican brick will meet Building Code standards. That should be a sufficient requirement. I + t Minutes Historic Landmark Commission December 12, 1988 Page 11 IE Mr. Cochran said that adobe and the can be prevented in other passages of the regulations. Ms. Evans said that the regulations require front facade openings to comply with the style of the district. She said that it should be changed to require compliance with the main building. Ms. Evans asked if the section about outdoor lighting should be changed to read that outdoor lighting fixtures that are not visible from the street do not have to comply. r Mr. Cochran asked about tree lighting. Mr. Barker asked if the lighting section would affect i security lighting from the City. Mr. Morris said yes. If Mr. Cochran asked about the differences between mercury j vapor and incandescent lighting. ` Mr. Barker said that the City rents red security lights j 1 on a pole. There is sodium vapor in the yellow lights. F Mr. Robbins said that the sodium vapor lights use less i energy. his. Shelton stated that she does not like the idea of regulating what the district looks like at night. Mr. Lowry said that the fixtures need to be reulated, not the lights. People need to be secure. ih E Ms. Evans asked about the height of fences. The 'E Oak-Hickory Regulations allow them to be taller than the what is allowed in the Building Code. The Commission agreed to go with the Build:ag Code standard. Mr. Lowry moved to approve the Oak-Hickory Historic q District Regulations as amended. Seconded by Ms. Shelton r j and unanimously carried (5-0). V. Report from the Brochure Sub-Committee It was moved by Mr. Lowry, seconded by Ms. Shelton and unanimously carried (S-0) to remove the discussion of the brochure from the table. l I i I v J 1111111 Ail I 1 16 =C-.,-•Q••~-~ Imo...-~.~t~.a..~.~t-, ~ . TEXAS WOMAN'S UNIVERSITY 30 DENCON DALLAS HOUSTON OFFICE FIN&NCLAL AM P.O. B(A 22628,Denton, 7eus^762N (87) 1 SW3ir0 • July 3, 1989 LCITY Honor able Mayor Ray Stephens 5 215 East McKinney ATTN: City Secretary U TO1i Denton, Texas 16201 R F1CE i Dear Mayor Stephens: As you recall Mr. Mike Grandey of United National Bank has resigned from Place 8 on the Board of Directors of the North Texas Higher Education Authority. His position has been vacant for several months now and needs to be filled. I would like to recommend Dr. Artie Yvonne Thrash, Assistant to the President at Texas Woman's University, for consideration as his replacement. Dr. Thrash is excited about the possibility of serving on the Board and has considerable experience in higher education. I have attached a copy of her resume for your review. Please advise me of your pleasure on this matter at your earliest {i convenience. I I in erely, I ~ylr/ ;Gov n or Jackson President, Boar of Directors North Texas Hi er Education Authority GJ:rgp Enclosure i, i An Equal Opikirfunity'AHirmatisr Acton Employer F 1 t I e a i h RESUME I NAME: Artie Yvonne Thrash A ADDRESS: 1812 Westminster N6 Denton, TX 76205 I PHONE: (817) 383-8223/home {817) 898-3223/office EDUCATION: Louisiana State University, Baton Rouge, Louisiana Ph.D., August, 1974: Rhetoric and Public Address Dissertation: The Rhetoric of Physicians: A Field of Co 7mmu cation wTFF Co1Z eagues an Pat ents I University of Houston, Houston, Texas M.A., December 1970: Rhetoric and Public Address Thesis: The Influence of Behaviorism on Spee~ck. I P~eda9o9Y During - - tF-e Eat Twentieth Ce B.A., January 1969: Speech Communication; English Graduated Cum Laude Teaching Cer i Cate ` ADMINISTRATIVE EXPERIENCE: I l TEXAS WOMAN'S UNIVERSITY, DENTON, TEXAS 1 TWU is a multi-purpose state university with a faculty of approximately 500. Its main campus is located in Denton (population 65,000), 35 miles north of Dallas and j Fort worth. Centers are also located in Dallas and Houston (in the Texas Medical Center). Approximately 6,600 students are enrolled at the Denton campus, 1,300 at Dallas, and 1,000 at Houston. E Assistant to the President (1985-Present) ` Responsibilities: I provided administrative leadership r and day-to-day management during a period of presiden- tial transition. As a member of the executive staff, I participate in evaluating salaries, tenure, and promo- tionsi I am also involved with the annual budgeting process. Regular activities include working with external groups such as representing the president on the Chamber of Commerce's Board of Dire0 o rs. Other liaison respon- sibilities are with the City Manager's office and the 1 J~ t I Y Artie Y. Thrash Page 2 Town and Gown Consortium; both groups are charged with addressing the role of universities in economic develop- ment. Additional economic development activities in- clude membership in the Dallas-Fort Worth Metroplex Task Force under the auspices of the North Texas Commission. I have developed several plans that create cooperative agreements between the Texas woman's University and com- munity colleges. In conjunction with such agreements, I serve on the Cooke County College's Advisory Board for Denton County. My line responsibilities include direct supervision of 1 the 28-member TWU police department in Denton, Houston, and Dallas. As the presidential liaison with the faculty senate, I provide support for the philosophy of participatory f management in academic departments. The results of my leadership are evidenced in proposals for new policies for the shared governance of TWU. Specific responsibilities have included a space utiliz- ation study; a computer needs analysis leading to the subsequent incorporation of additional computer equip- ment; revision of the voluntary modification policy (optional retirement) for the faculty; revision of the i Faculty Handbook which necessitated a total evaluation and rewr-fFing of policies affecting faculty; and a safety program for all TWU campuses. The absence of a Vice President for institutional Ad- vancement for two years necessitated several responsi- bilities ordinarily assigned to that office being assumed by me. one major role was my serving as TWU's chief liaison to the Select Committee on Higher Educa- tion. I also represent the president to various state legislators and governmental agencies. An outcome of this involvement was an invitation to present a case study on impacting legislative decisions for higher edu- cation in the state capitol. In addition, my activities include various public relations and fund raising ef- forts in Dallas, Fort Worth, and Denton. Other regular responsibilities include attending meet- ings of the Coordinating Board of the Texas State College and University System in order to assis'. in implementing plans and developing requests for Coordi- nating Board approval. I also regularly attend the meetings of the Southern Association of Colleges and i Schools to ascertain TWU's compliance with its criteria for continued accreditation. I i I Ir low t u 7 L j ' Artie Y. Thrash Page 3 Students are the very foundation of a university and, of course, its reason for existence. I was instrumental in reorganizing scholarship programs with the result that incoming students now have the opportunity to receive full scholarships. These Regents scholars are fully funded for each semester for four years. In addition to my responsibilities as Assistant to the President, I h-:ve been serving as Executive Director, ad interim, at TWU's Houston Center since July 1, 1rM. In Tiaf capacity, I represent TWU on the Texas Medical Center's Council of Administrators and on vario.:s task forces including facility planning and library tech- nology. Other duties include line responsibility for all facilities (including residential halls and educa- tional buildings)i daily operation of the Center (i.e., maintenance problems, personnel matters, public rela- tions, etc.)i and, interaction with the administrators of the other 38 institutions located in the Texas Med- ical center. SAM HOUSTON STATE UNIVERSITY, HUNTSVILLE# TEXAS Sam Houston State University is one of four state universities governed by the Board of Regents of the j Texas State University System with system offices in Austin, Texas. It is located in Huntsville, 70 miles north of Houston. Its enrollment is around 100000 with a faculty of approximately 500. Assistant Vice President for Faculty Affairs (1982-85) Responsibilities: My office had the budgetary management responsibilities of the faculty senate, faculty development, and the Lecture Series as well as its own operating and management budget. Faculty development is critical to keeping teaching and research innovative. Faculty development leaves (one semester at full pay or one academic year at half pay) were granted through a process under my jurisdiction. Another program supportive of faculty members' research and development was the Development of Teaching (DOT) Program which I initiated and implemented. Promotions and merit raises were based on an evaluation policy that ' gave teaching the single heaviest weight of four criteria, but no program was provided for those faculty members interested in improving in that criterion, Aho DOT Program allowed funding for development in teaching. I was responsible for annually writing and revising the Sam Houston Fat, It Handbook as well as ascertaining its compliance wTETi' legal ru ngs and its conformity to the Board of Regents of the Texas Stare University System's Rules and Regula':ions. Artie Y. Thrash Page 4 Certain governing policies were developed under my direct supervision. These policies included Affirmative Action Procedures for Filling Faculty Positions, Faculty Development Leave Policy, Faculty Evaluation System, Faculty Grievance Procedures, and Promotions in Rank and Merit Advances in Salary Within Rank. A curriculum review process was developed and imple- mented for my annual curriculum report, submitted for approval to both the Board of Regents of the Texas State University System and the Coordinating Board. Several scholarship programs for students were handled by my office. These responsibilities entailed estab- lishing policy and procedures, interviewing student applicants, and interacting with the public school administrators. one such program was the President's Endowed Scholarship. 1 presented several of these awards at ceremonies in the public schools in the Houston area. 7 other duties included representing the university at various professional meetings such as the Coordinating Board, serving as the academic affairs' office liaison with university committees, and various university consortia. f Special Assistant to the Vice President for Academic A a r6 - Responsibilities: My primary responsibility was to develop, with the assistance of a university committee, a policy and procedure to evaluate faculty for purposes of merit increases in salary. other duties included serving as the vice president's representative at func- tions external to the university as well as his liaison with student groups and selected faculty committees. Program Coordinator, Speech Communication (1979-81) Responsibilities I performed the duties usual to a department chairman. These responsibilities included managing the assigned budget, making class assignments and evaluating speech communication instructors. TEACHING EXPERI NCEs Sam Houston State University, Huntsville, TX 1974-87 Associate Professor of Speech Communication 1980-87 (on leave 1935-87 to serve as Assistant to the President at TWU) Assistant Professor of Speech Communication 1974-80 I ..w Ry Y y: y Artia Y. Thrash Page 5 Louisiana State University, Baton Rouge, LA 1970-71 Teaching Assistant Galena Park High School, Houston, TX 1969-70 Teacher, Speech Communication Furr Junior-Senior High School, Houston, TX 1969 Teacher, English University of Houston, Houston, TX 1968-70 { Teaching Assistants Instructor I ADMINISTRATIVE AND PROFESSIONAT SEMINARS: Colorado Springs, Colorado 1987 Speech Communication Association Summer Conference on Sophomore Exit Level Competencies Austin, Texas 1987 Attorney General's Conference on Open Records and Open Meetings Austin, Texas 1984 w f American Council on Education, Texas State Forum (National Identification Program), The University of Texas at Austin 1 Austin, Texas Equal Employment Policy Conference in conjunction 1984 with the Texas Commission on Human Rights i College Station, Texas 1984 Workshop for Academic Administrators j Dublin, Ireland 1983 University of Maryland University College and National Institute for Higher Education (Seminar on Faculty Evaluation and Development) Austin, Texas 1982 The University of Texas System, Workshop to Assess the Quality of the Baccalaureate Degree College Station, Texas 1981 Texas A&M University, Summer Seminar on Academic 1111 Administration Tallahassee, Florida 1980 Florida State University, Faculty Evaluation and Development Seminar }RRR(' 1 y I1~ 1 I , I 1 'I I Artie Y. Thrash Page 6 k ADDITIONAL PROFESSIONAL CONSULTING EXPERIENCE: Warm Springs Rehabilitation Hospital 1986 Gulf States Utilities Corporation 1982 Trinity River Authority, Walker County, Texas 1979 Houston Police Academy, Houston, Texas 1977-78 Texas Southern University, Houston, Texas 1975 Department of Surgery, St. Joseph Hospital, 1972-74 Houston, Texas SCHOLARLY PAPERS AND CONVENTION PROGRAMS: "Women in Administration: Colder at the Top," Southern Speech Communication Association, Memphis, Tennessee, 1988, "Oral Comprehension of Non-Native Faculty," Central and Southern Speech Communication Associations, St. Louis, Missouri, April, 1987. "Hi her Education in Texas: A Case Study," Women's Legislative Days, Austin, Texas, February, 1987. Workshop, K-12 Teachers, Southern speech communication Association, Houston, Texas, April, 1986. M "Communication Problems Unique to specialized Areas of Business and Government, Southwestern Federation of Administrative Disciplines, Dallas, Texas, March, 1986. r "Promoting Oral Literacy," Southern Speech Communication Association Annual Convention, Winston-Salem, North Carolina, 1985. "What Is The Future Of Speech Communication in The Light Of Current Ferment in Education Reform And Standards," Texas - Association for Communication Administration, Austin, Texas, 1984. I "Legal Concerns of Teachers," Critic/Moderator, Texas Speech Communication Association, Houston, Texas, 1982. "Academic Freedom,": Chair and Critic, Texas Speech 1 Communication Association, Lubbock, Texas, 1981. "Legal Responsibilities for the Classroom Teacher," Chair and Critic, Texas Spag.:h Communication Association, Lubbock, Texas, 1981. "Profile of women," Southern Speech Communication Asso- ciation, Lubbock, Texas, 1981. -Ir low •a W a i. y i....: 1 41 Artie Y. Thrash Page 7 "Teacher Trainings Methods and Evaluations," a program developed for the southern speech Communication Association, 1977. J "Attitudes Toward Communication," Texas Speech Communication Association Convention. PROFESSIONAL PRESENTATIONSs Featured Speaker, Cooke County College Supportive Staff Association workshop, Gainesville, Texas, April, 1987. "Decision-Making," Argonauta organization, The Woodlands, Texas, January, 1986. f4 "Research and Publications," Upsilon Chapter of Delta Kappa Gamma, Walker and Madison Counties, Texas, 1983. "The Importance of Communication," the keynote address for the Honors Banquet for San Jacinto College, Houston, Texas, 1978. "Communication," Institute of Contemporary Corrections, Huntsville, Texas, 1977. 1 PUBLICATIONSt EI The Basic Skills of Effective Public S eakin , with John sco. nneapo sr nneso a: Burgess Publishing Company, 1984. E Business and Professional Communications Speaking U Successfully, with nne e Shelby an Jerry Tarver. ew orY-rkt Holt, Rinehart and Winston, Inc., 1984. "women in Communication," with Keith Jensen. The Bulletin of the Association for Communication Administration, April, Tw. "News and Notes," editor, Southern Speech Communication Journal, 1980-83. + Texas Speech_Communication Journal, Editorial Advisor. r F~ _ r k! r Y Artie Y. Thrash Page 8 OFFICES IN SCHOLARLY ORGANIZATIONS= Southern Speech Communication Association, Nominating Committee, member (reelected), 1977-78, 1980-81, 1983-84, 1985-861 Rhetoric and Public Address Division, Secretary, 1981-831 Wcmen's Caucus, President, 1979-801 Instructional Development Division, Chairperson, 1977-79; Vice Chairperson and 'Program Director for Convention, 1976-77 Texas Association for Communication Administration, E President, 1984-86 Texas Speech Communication Association, District Chair, Elected each year 1975-79 Speech Communication Association, Director Placement Service, National Convention, 1975 MEMBERSHIP IN HONOR SOCIETIES: Golden Key National Honor Society 4 f Phi KappA Phi MEMBERSHIP IN SERVICE AND PROFESSIONAL ORGANIZATIONS 4 ' Denton Chamber of Commerce, Denton, Texas j Denton Kiwanis Club, Vice chairman of the international Relations Committee, Denton, Texas I Charter Member of the Texas Employment Commission's Texas Business Council, Austin, Texas 3.60 ;r REFERENCES Administrative Experience Dr. Elliott Bowers Dr. Shirley Sears Chater President President Sam Houston State University Texas Woman's University Huntsville, Texas 77341 P.O. Box 23925, TWU Station (409)294-1013/office Denton, Texas 76204 (817)898-3201/office Dr. Bud Joyner Mr. Wayne Autrey President Chief of Police and Safety Cooke County College Texas Woman's University P.O. Box 815 Denton, Texas 76204 Gainesville, Texas 76240 (817)898-2911/office (817)665-3479/office , Dr. Len Ainsworth Ms. Phyllis McCutchan { Vice Provost, Acad. Affairs Coordinator of Personnel Servo. Texas Tech University Texas Woman's University PO Box 4609 1130 MD Anderson Blvd. Lubbock, Texas 79409 Houston, Texas 77030 (806)742-2184/office (713)794-2315/office Mrs. Eddie Chiles (Frances) Dr. June xable PO Box 186 Communications Department Ft. Worth, Tx 76101 Midwestern State University h (817)732-3355/home 3400 Taft Blvd. Wichita Falls, Texas 76308 (817)692-6611/office i Legislative State Agency.?nvolvement Dr. Jerry Morris The Honorable Wilhel-wina De?co President Texas House of Representatives East Texas State University P.O. Box 2910 ET Station Austin, Texas 78769 Commerce, Texas 75428 (512)463-0506/office (214)886-5011/office Mr. Wales Madden, Jr. Mr. William A. Nance Attorney Director of Finance 712 West 9th Texas State University System Amarillo, Texas 79101 505 Sam Houston Bldq. (806)374-2422/office Austin, Texas 78701 (512)463-1808/office 4.1 ~ 1 Scholarly And Professional Activities Dr. Juliette Garcia Dr, Jerry Tarver, Past President President Southern Speech Communication Texas Southmost College Association 80 Fort Brown Dox 444 Brownsville, Texas 78520 University of Richmond (512)544-8201/office Richmond, Virginia 23173 (804)285-6251/office Dr. Owen Peterson Dr. Howard Dorgan Dept. of Speech Communication Executive Director I Louisiana State University Southern Speech Communication 1 / Baton Rouge, Louisiana 70803 Association (504)388-4172/office Communication Department Appalachian State University Boone, North Carolina 28608 (704)262-2221/office Dr. Ross Lovell, Professor Senator Richard Shelby and College of Business Admin. Dr. Annette Shelby Sam Houston State University School of Business Administration Huntsville, Texas 77341 Georgetown University (Annette) 1 (409)294-1256/office Washington, D.C. 20057 (202)687-3804/office community Involvement Mr. Lloyd Harrell Mr. Charles Carpenter City Manager President City of Denton Denton Chamber of Commerce Municipal Building P.O. Drawer P Denton, Texas 76201 Denton, Texas 76202-1719 (817)566-8307/office (817)382-9693/office 1 Mr. Fred W. Patterson Dr. Alfred F. Hurley Publisher Chancellor Denton Record Chronicle University of North Texas P.O. Box 369 PO Box 13737, NT Station Denton, Texas 76201 Denton, TX 76203 (817)387-3811/office (817)565-2026/office E i I~ 1 I Faculty And Student Involvement Dr. Thomas K. Bromr.t Mrs. Donna Ryan past speaker of the Executive Director Faculty Senate National Alumnae Assoc. Texas Woman's University Texas Woman's University Dept. of Music 6 Drama Denton, Texas 76204 Denton, Texas 76204 (817)898-2586/office (817)898-2507/office Dr. Glenda Simmons vice president for Student Life Texas Woman's University Denton, Texas 76204 (817)898-3602/office I I rJ I T 6% T-W s 1 _I T-1 JLJL" -L t a~ 6 q f SOD CITY OF DENTON CITY COUNCIL MINUTES July 11, 1989 The Council convened into the Work Session at 5:30 p,m. In the Ci-il Defense Room. PRESENT: Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, and McAdams. ABSENT: Mayor Stephens; Council Member Hopkins 1. The council received a presentation and held a discussion of a proposal by Denton County Juvenile Probation I Department, concerning usage of the Denton County Juvenile Diversion Program by the City of Denton Municipal Court, 11 Sandra White, Municipal Judge, presented the background r concerning the proposal. Currently, juveniles committing petty thefts, assults, penial code violations, and city ordinance violations were sentenced to do community service work for `.heir offense and were charged a special assessment fee, { Severity of the prime and past history played a part in the type and amount of community service work to be performed. Once that. community service work was completed, the judgement was dismissed. Staff was proposing with the new budget year, a more concrete program for juvenile offenders which included films and group sessions for mainly first time offenders. After budget requests had been submitted, Denton County had presented its program to the City. This program would be a diversion program in addition to or in lieu of what the City was already offering. The program would be used for more severe cases or repeat offenders. The 18 hour program cost $360 if recommended for all phases of the program with a sliding fee scale based on income and number of family members. The County was proposing splitting the remaining costs with the City. The special assessment fee currently charged juvenile offenders could be set aside to pay the County for the City's share of the diversion program. White stated that a sm-ill number of offenders from the City would be referred, probably not more than 10 per year. She recommended that the City participate on a trial basis to see how the program worked. Consensus of the Council was to allocate a small amount of money to begin implementation and have the Judge review the program as it proceeded and report back to Council. 2. The Council received the Human Services Committee funding recommendations. f I t I Ilhl 4 3 1 City of Denton City council minutes July 11, 1989 Page 2 Dorothy Damico, Chair-Human Services Committee- presented the recommendations from the Committee (See Exhibit A). She stated that a needs assessment survey indicated a 608 need for health care in the area. Two health related items were included in 1 the recommendation but no direct health areas. Damico stated 1i that the Committee felt transportation was receiving a larger amount of money than other areas and stated th_t a future recommendation would be to have the City provide transportation in the City's budget. The Committee felt that it might be helpful to know how much money was available before talking to the different agencies. I Council Member Gorton asked for more information concerning AIDenton. Damico replied that it was an organization that did testing and counselling along with other support for AIDS victims. I Council Member Hopkins joined the meeting. Council Member McAdams asked for more detailed information { regarding AIDenton including background information, training, money for phone service, how the money the City might give would be spent, and the kind of budget AIDenton was dealing I with, ~ 3 V Mayor Pro Tem Ayer thanked Mrs. Damico for the Committee's recommendation and stated that the recommendations would be reviewed during the budget process. 3. The Council received an update concerning the GIS System and considered authorization to proceed with time schedule for Council consideration. Rick Svehla, Deputy City Manager, presented a video regarding GIS to the Council. He stated that the costing would be over a five year period. There were three main categories of costs - 1 personnel services, one-time costs (machinery and software) and on-going costs {maintenance). The one-time costs would be charged to the Utility fund and the General Fund, The Utility funds were already available and the General Fund costs would be in the form of Certificates of Obligation over a period of _ five years. Staff was recommending continuing with ESRI, Consensus of the Council was to proceed per staff recommendations with a summary of Certificate of obligation costs before recommending proceeding the the Certificates. 3 { ~J City of Denton City Council Minutes July 11, 1989 Page 3 4. The Council did not convene into Executive Session during the Work Session. The Council the convened into the Regular Session at 7:00 p.m. in the City Council Chambers. PRESENT: Mayor Pro Tem Ayers Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ASSENT: Mayor Stephens Mayor Pro Tem Ayer announced that Item 7.F, would be moved to Item S.B. to allow for a public hearing. 1. The Council considered approval of the minutes of the regular meetings of June 13 and June 20, 1989 and the special f called meeting of June 27, 1989. Alexander motioned, Gorton seconded to approve the minutes as presented. Motion carried unaminously, 2. The Council received a presentation rf a resolution from the Upper Trinity Municipal Water Authority, Inc. Austin Adams, Upper Trinity Municipal Water Authority, Inc., presented a resolution of appreciation to the Council for Council and staff support of the Upper Trinity Municipal Water 4 I Authority, Inc, 3. The Council was to receive a ~ presentation by County l Judge Vic Burgess regarding Denton County Day for Economic Development. i Judge Burgess did not attend the meeting. 4. The Council received a citizen report from Bruce Olsen regarding a drainage problem in the Oak Ridge Addition. 1 Bruce Olsen stated that he had had a drainage problem near his home for the last two years, The area was the far east end of Brandywine and the north side of Brierwood. There was standing water in the streets and the streets were beginning to deteriorate. He asked what could be done with the problem, was it a problem of the City, the developer or the residents. Mayor Pro Tem Ayer stated that staff would look into the matter and provide Council with the necessary information. i 1 I J/ t City of Denton city council Minutes July 11, 1989 Page 4 Lloyd Harrell, City Manager, stated that Deputy City Manager Svehla and staff would meet with Mr. Olsen and other neighbors to discuss the problems. 5. Public Hearings A.The Council was to hold a public hearing and consider adoption of an ordinance, petitioned by Pep Boys of California, Inc. approving a Detailed Plan within PD 6. Mayor Pro Tem Ayer stated that the petitioner submitted a written request to postpone the public hearing until all seven Council Members were present. McAdams motioned, Gorton seconded to postpone the public hearing until all Council Members were present. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton 'aye,' Boyd 'nay,' and Mayor Pro Tem Ayer "aye." Motion carried with a 5-1 vote. e. The Council was to hold a public hearing on a proposed ordinance setting a moratorium on the establishment of sexually oriented businesses, (The Planning and Zoning Commission recommended approval), Council Member Hopkins questioned if Council was legally able to hold a public hearing when it was not posted with the agenda packet and the legal implications of holding such a public hearing. Lloyd Harrell, City Manager, stated that the item was advertised in the newspaper at the appropriate time required for public hearings on these kinds of changes. The notice appeared in the newspaper on June 250 1989 notifying that there would be a public hearing held and consideration of the ordinance, Debra Drayovitch, City Attorrey, stated that under the Open Meetings Act of the State, dll action that the Council took must be listed on the agenda. The holding of a public hearing was not necessarily an action item, However, this would not be absolutely without challenge. It was likely that it would not be challenged but she could not guarantee it. Council Member Boyd asked if Council was obligated to hold a public hearing. 1 i i S 1 r v r City of Denton City Council Minutes July 11, 1989 Page 5 City Attorney Drayovitch stated yes if a zoning ordinance were being changed. Council Member Alexander restated that the problem was that a public hearing was advertised in the newspaper but not listed on the agenda as a public hearing. Council Member McAdams asked if any of the provisions of the ordinance that might violate the ordinance were currently taking place. j Frank Robbins, Director for Planning, replied no. j Council Member Hopkins questioned that at some future date, i would the Council be liable for a legal challenge to the i ordinance if everything was not done as it should have been E done. Alexander motioned, McAdams seconded to postpone the ordinance until August 1, 1989. on roll vote, McAdams 'aye,' Alexander ; 'aye,' Hopkins 'aye,' Gorton 'aye,' Boyd 'aye,' and Mayor Pro Tem Ayer 'aye.' Motion carried unanimously. f 6. Consent Agenda Council Member Hopkins requested Item 6.B.1. be pulled for ` special consideration. t McAdams motioned, Hopkins seconded to apFrove the Consent Agenda with the exception of item 6.B.1. Motion carried unanimously. A. Bids and Purchase Orders: 1. P.O. #91213 - Smith Pump Company B. Plats and Replats 2. Consider the preliminary replat of the W. W. j Wright Subdivision, Lot 2, Block 61 into 1 Lots 2A, 2B, 2C and 2D, Block 6. (The Planning and Zoning Commission recommended ` approval). ` C. Tax Refunds 1. Consider approval of a tax refund for Friendly Chevrolet (Eddins) for $706.44. 2. Consider approval of a tax refund for Friendly Chevrolet 'Eddins) for $744.27. 3. Consider approval of a tax refund for NCNB Texas Bank (formerly Interfirst Bank) For $2,231.55 City oDenton City Council Minutes July 11, 1969 Page 6 Item 6.B.1. was considered. Council Member Hopkins requested to the name of the owner of the property and what was intended for that property. Owen Yost, Urban Planner, stated that the owner of the property was William C. Collins who proposed to divide the property into three lots which would be subsized. The original structures would be maintained except for the Lot 3 structure which would be demolished and a new two-story structure would be built. The two-story structure would be a single-family home with SF-7 zoning. The applicant could not, without rezoning, build f anything but an SF-7 home. McAdams motioned, Boyd seconded to approve Consent Agenda Item 6.8.1. Motion carried unamimously. B. Plats and Replats 1. Consider the preliminary replat of the Wattam Addition, Part of Lot 3, Block 4 into Lots 3A, 3a and 3C, Block 4. (The Planning and Zoning Commission recommended approval). 7. Ordinances A. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements or competitive bids. The following ordinance was considered: J NO. 89-085 11 - AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM i REQUIREMENTS OF COMPETITIVE BIDSI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander "aye," Hopkins 'aye,' Gorton "aye,' Boyd "aye," and Mayor Pro Tem Ayer "aye." Motion carried unanimously. i r i h w~ City of Denton City Council Minutes July 11, 1969 Page 7 B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #9975 Laboratory Expansion - Interior) Lloyd Harrell, City Manager, stated that this was the best bid i but not the lowest bid, The following ordinance was considered: NO. 89-086 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUtiDS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE. i M roll cAdams motioned, Gorton seconded to adopt the ordinance. On i vowte, MayorAlexander Pro Tem. Ayer H'aye.~" Motion carried unanimously. C, The Council considered adoption of an ordinance 1 accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (Bid #9987 - Fire Hose) I City Manager Harrell stated that this bid was the best bid submitted but not the lowest. The following ordinance was considered: NO. 89-087 i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES I ; PROVIDING FOR THE THEREFORE; AND PROVIDING FOR AN EFFECTIVEIDATE,OF FUNDS Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams naye," Alexander "aye," Hopkins "aye," Gorton aye, Boyd aye, and Mayor Pro Tem Ayer "aye." Motion carried unanimously, D. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (Bid #9995 - Asphalt, Emulsions and Road Materials) i ti j a~ S `z. City of Denton City Council Minutes July 11, 198) Page 8 City Manager Harrell stated that this was a bid tabulation for materials used in the street building process. All items were the low bid except for hot mix asphalt which would be picked up by City trucks. The following ordinance was considered: NO. 89-088 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, 'Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye,' Hopkins "aye," Gorton "aye,' Boyd "aye," and Mayor Pro Tem Ayer "aye.' Motion carried unanimously. E. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting the parking of vehicles on Pennsylvania Drive; providing a severability clause; and providing a penalty not to exceed two hundred dollars. Rick Svehla, Deputy City Manager, stated that this ordinance E was recommended by the Citizens Traffic Safety Support Commission for the area at the Southmont Baptist Church. I The following ordinance was considered; NO. 89-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON PENNSYLVANIA DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander 'aye," Hopkins "aye," - 1 Gorton "dye,' Boyd "aye,' and Mayor Pro Tem A;cr "aye.' Motion carried unanimously. 8. Resolutions A. The Council was to considered approval of a resolution postponing the regular Council meeting of July 18, 1989 to July 25, 1989. This item was pulled by staff. F 4 w s City of Denton City Council Minutes July 11, 1989 Page 9 9. The Council considered authorizing the City Manager to make application for a cost sharing agreement relating to the landscaping of University Drive with the State Department of { Highways and Public Transportation, utilizing the expenditure I of $92,468.00 in bond revenues, plus a contingency of $28,233.00 from bond revenues in accordance with the agreement. Lloyd Harrell, City Manager, stated that Council had reviewed this item in detail a few months ago. The action staff was requesting was approval to start the formal process with a formal application to the State to implement the project. if approved by the State, a Minute Order would be issued and a contract would follow for formal authorization from the Council. Council Member Hopkins stated that she was unaware of the high amount of money for tv3 project. City Manager Harrell stated that the total price had been refined and was essentially the same as presented earlier. Before, approximately $44,000 was to be taken out of the Utility Fund to advance towards the project and then pay the Utility Fund back through the new irrigation rate schedule that the Council had adopted. Staff found it cheaper to fund the irrigation money out of bond funds rather than from the Utility v Fund and not pay the ongoing charges that were associated with F the Utility contribution. Council Member Boyd asked if there were some in-kind J contributions. I City Manager Harrell replied yes that the City always had to contribute 50% of the total project cost to the St-,",e to implement the project. Council Member Boyd asked why the project was stopping at Malone and not extending to Fulton. City Manager Harrell stated the project came to the attention of the City through a State issued construction project to replace all of the curbing from 135 to Malone. At that point, the State approached the City about the possibility of a joint planting of the medians. i11 Council Member McAdams stated that she was not aware of the high cost of the project. She felt that there were other areas 1 that might need the money. $100,000 may be too much to spend 1 on such a project. 1 Council Member Alexander felt that this project was a wise use i t of limited resources and urged that Council move ahead with the project. Council Member Hopkins asked how the medians would be properly maintained. J 3 A City of Denton City Council Minutes July 11, 1989 Page 10 City Manager Harrell stated that the 191 committee had recommended bond fund money previously approved for street projects be used for landscaping among other items. This would not be new riney out of the budget. Staff had recommended positions in tto: upcoming budget for median maintenance. Alexander motioned, Gorton seconded to authorize the City Manager to make application with the Scare. Motion carried unanimously. 10. Miscellaneous matters from the City Manager i City Manager Harrell presented the following items: A. Sales tax receipts from last month were favorable. As the Mayor and Mayor Pro Tem would not be Bathe next Council meeting, a temporary chair was attending needed. Mayor Pro Tem Ayer opened the floor foi nominations. Gorton motioned, McAdams seconded to nominate Council Member Hopkins as temporary chair for the July 18, 1989 Council 4 Meeting. Motion carried unanimously. There was no Executive Session held during the Work E 11. ` Session. 12. New Business The following items of new business were suggested by Council Members for future agendas: A. Council Member Hopkins asked about the status of the letter cds/Commissioners of the City requesting volunteers for City eoa B. Council Member Boyd requested that licensing agencies be included in that mailing as well. C. Council Member Boyd asked for a report regarding 9 liability of Council and Board/Commission members. D. Council Member Alexander asked for a work session item regarding t the obligation htoenquestions standpoint and regarding drainage. Li I t 5i v City of Denton City Council Minutes July 11, 1989 Page 11 Council Member McAdams stated that she would be attending a NLC Committee meeting in August. She stared that the Committee would be looking at recommendations regarding assult weapons or other gun control measures and would be happy to forward Council comments to the Committee, 13. The Council then convened in the Executive Session to discuss legal mattera (considered action in in re: Flow and discussed Lincolnwood vs. Cit and Denton c_ vs. Cit real estate Idiscussed r g -o -way acquisition a terns v-on Fort Worth Drive) and personnel/board appointments. No official action was taken. With no further business, the meeting was adjourned at 10:05 p.m. HUGH AYER, MAYOR PRO TER CITY OF DENTON, TEXAS I I JENNIFER WAL R5 CITY SECRETARY CITY OF DENTON, TEXAS 3132C I I i I~ f 1 I !i . J CITY OF DENTON CITY COUNCIL MINUTES July 18, 1989 The Council convened into the work Session at 5:30 p,m, in the Civil Defense Room. PRESENT: Council Members Boyd, Gorton, Hopkins and McAdams. ABSENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Member Alexander 1. The council received a staff report concerning a rate increase request from Denton Taxi, Harlan Jefferson, Risk Manager, stated that Denton Taxi had requested a rate increase citing increases in expenses and the rrr~~~ fact that no rate increase had been granted for approximately 20 years. Denton Taxi was requesting $1.30 pick-up rate, $.20/45 second time rate, and $1.10 mileage rate. He stated that there were four factors that contributed to the need of a rate increase (1) the level of inflation since the last taxi service rate increase, (2) a decrease in the company's net profit while their gross income increased substantially, (3) a survey of taxicab rates among metropolitan cities, and (4) the frequent change in owners of the Denton Taxi Service during the 1 1980's, After discussion, the Council consensus was to proceed with a formal ordinance with the rates requested except for the time rate which wa to be changed to $.25/90 seconds. A public hearing would be held at the same time that the ordinance would be considered for adoption. 2. The Council received a recommendation from the Low/Moderate Income Housing Task Force. Deborah Darley, Chair-Low/Moderate Income Housing Task Force, presented the following recommendations: (1) the City request the National Reinvestment Corporation to assess the feasibility of developing a non-profit Neighborhood Housing Services organization, and (2) set aside $50,000 in the 1989-90 budget to purchase '.he services of the NRC in setting up a f Neighborhood Housing Services organization. The original assessmen'. from the NRC would be at no cost to the City and would look at the resource in he City. If the NRC recommended that the City proceed, the total cost would be approximately $150,000 with the City providing $50,000. Consensus of the Council was to proceed with the assessment and based on the outcome, determine if the City wished to proceed, 3. The Council then convened into the Executive Session to discuss legal matters (considered action in In re: Flow and Denton Count V18 City), real estate (discusse r g t-o -way a ernat ves on Nott ngham), and personnel/board appointments. I r ~ City of Denton City Council Minutes July 18, 1989 Page 2 The Council then convened into the Regular session at 7:00 p.m. in the Council Chambers. PRESENT: Council Members Boyd, Gorton, Hopkins and McAdams. ABSENT: Mayor Stephens; Mayor Pro Tem Ayer: Council Member Alexander 1. The Council received a presentation by County Judge J Vic Burgess regarding Denton County Day for Economic 1 Development. Ann Pomykal, representing Judge Burgess, stated that 33 communities in Denton County would be called on. The Denton County Day for Economic Development was tentatively scheduled for October b, 1989 from 8:00 - 4:00 p.m, at the University of North Texas, The purpose was to enhance economic development county-wide, promote interaction among citizens and communities, professional development for attendees on economic development issues, nurture cooperation between communities in Denton County, and market Denton County to businesses, industries and other interested parties. Pomykal asked for Council support for the project, McAdams motioned, Gorton seconded that the Council go on record in full support of the project and that the Council would fully participate. Motion carried unanimously. 2. Consent Agenda r i J Gorton motioned, McAdams seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1, Bid 09981 - Filter Sand and Gravel I 2. Bid 09984 - Acme, Audra Paving/Drainage and Davis Street Paving 3. Bid 09988 - Fire Station 05 3. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of i contracts for the purchase of materials, equipment, supplies or services. I 1 j s ~ t E V e ~ City of Denton City Council Minutes July 18, 1989 Page 3 The following ordinance was considered: NO. 89-090 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES? PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PPOVIDING FOR AN EFFECTIVE DATE. I McAdams motioned, Gorton seconded to adopt the ordinance. On III roll vote, McAdams 'aye,' Hopkins "aye,' Gorton 'aye,'and Boyd 'aye.' Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: i 240. 89-091 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS1 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Hopkins 'aye,' Gorton "aye,'and Boyd "aye'. Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Traffic Engineering Consultants for consulting services relative to the City's downtown Denton Square; and authorizing the expenditure of funds therefore. (The Citizens Traffic Safety Support_ Commission recommended approval). Lloyd Harrell, City Manager, stated that the CIP 191 Committee had recommended to Council to include this area in the closed loop system. This ordinance would begin implementation for the Locust/Elm area. The following ordinance was considered: NO. 89-092 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TRAFFIC ENGINEERING CONSULTANTS FOR CONSULTING SERVICES RELATIVE TO THE CITYfS DOWNTOWN DENTON SQUAREI AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. F i e t k 7 t City of Denton City Council Minutes July 18, 1989 Page 4 McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Hopkins "aye," Gorton "aye," and Boyd 'aye". Motion carried unanimously, D. The Council considered adoption of an ordinance approving a contract between the City of Denton and LGFS for on-going maintenance on LGFS. (The Data Processing Advisory Board recommended approval). Lloyd Harrell, City Manager, stated that this was a yearly contract for maintenance for the LGFS system. The following ordinance was considered: k NO. 89-093 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE EXPENDITURE OF FUNDS FOR MAINTENANCE SERVICES PURSUANT TO THE CITY'S CONTRACT WITH AMERICAN MANAGEMENT SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Boyd seconded to adopt the ordinance. On roll vote, McAdams Na e," Hopkins 'aye,' Gorton "aye," and Boyd 'aye.' Motion carried unanimously. E. The Council considered adoption of an ordinance j authorizing the City Manager to execute an agreement with i Coopers & Lybrand for consulting services in developing a provider plan for the City's insurance plan. i Tom Klinck, Director of Personnel, requested an authorization to continue with the strategy to restructure and develop a new employee health insurance program that would be both affordable for the City and for the employees. Specific interest had been expressed by the City Council to work with other major employers to try and build a partnership and develop mutually productive discussions with local doctors and hospitals in order to create more effective cost structures in their rates for medical care. Texas Womans University and the University of North Texas were moving forward with their negotiations and staff was asking for Council's authorization to retain Coopers & Lybrand to represent the City in those negotiations. The following ordinance was considered: NO, 89-094 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COOPERS & LYBRAND FOR CONSULTING SERVICES IN DEVELOPING A PROVIDER PLAN FOR THE CITY'S l INSURANCE PLAN; AND PROVIDING AN EFFECTIVE DATE. I I G: { t r ` t, City of Denton City Council Minutes July 18, 1989 Page 5 McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye," Hopkins 'aye,' Gorton 'aye," and Boyd "aye." Motion carried unanimously. 4. Resolutions A. The Council considered approval of a resolution appointing Ray Stephens to the Board of Directors of the Texas Municipal Power Agency. The following resolution was considered: RESOLUTION NO. R89-046 A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. McAdam: motioned, Gorton seconded to approve the resolution. On roll vote, McAdams 'aye,' Hopkins 'aye,' Gorton "aye,' and Boyd "aye,' Motion carried unanimously, 5. The Council considered a motion authorizing communication to the State Highway Department concerning the I construction design for Fort Worth Drive. Rick Svehla, Deputy City Manager, stated that the State Highway Department had asked for the City's input in the type of medians it would like along Fort Worth Drive. The kinds of medians available would be a raised median/divided facility or a flush median/continuous turn lane, The raised median made for safer kinds of movements and restricts access somewhat. The continuous turn lanes made more access but was not as safe. The State also indicated that they might try and regain some of their right-of-way in the Fort Worth Drive area. If that happened, there would be some businesses affects in certain areas because at the present time, some of those businesses were using existing Highway right-of-way for parking. The main areas of concern were from Acme Street south to the railroad overpass, A number of different alternatives were looked at for that area such as varying the road to the east or the west. None of the options worked very well. Staff I was recommending a raised median oecause it was safer with a narrow width of the medians so as to not take all the parking away from the businesses and also suggest. that the Highway Department not reclaim all of its right-of-way. i After discussion regarding Roselawn and business parking in the area, McAdams motioned, Boyd seconded to communicate to the Highway Department its recommendation for narrow raised medians to Mission Street with a continuous left turn lane from Mission to Johnson Street, that the City and State notify landowners. Motion carried unanimously. City of Denton City Council Minutes July 18, 1989 Page 6 6. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following item: A. A reminder that the City of Denton was hosting the next TML Region 8 meeting on July 271 1989 and to make plans to attend if possible. 7. There was no official action taken on Executive Session items discussed during the Work Session. 8. New Business There were no items of new business suggested by Council Members for future agendas. 9, The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 7:40 p.m. JANE HOPKINS COUNCIL MEMBER CITY OF DENTON, TEXAS 1 JENNTTER W R CITY SECRETARY CITY OF DENTON? TEXAS 3133C I J 1. f ' 1 4 I IH+-Hflll' 1141 1 111111111 I I j ~ 1 I t fIII~ I a 04 . DATE: 8101/84 CITY COUNCIL REPORT FORMAT 3• A~ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider adoption of an ordinance setting a moratorium on the J establishment of sexually oriented businesses. RECOMMENDATION: The Planning and Zoning Commission recommends adoption (5-0). SUMMARYs The ordinance places a moratorium on the establishment of sexually oriented businesses within 1,000 feet of a church, school, or public park adjacent to a residential district or property line of s lot devoted to residential use. it will be effective for a period of six months during which time the city may consider an ordinance to regulate the subject business. BACKGROUND: 1 1 Please see attached summary report on the secondary effects of sexually oriented businesses. The report documents clear and convincing evideuce of the adverse socio-economic and blighting impacts of sexually oriented businesses experienced by other titles. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Potential sexually oriented businesses. FISCAL IMPACT: Nat applicable. i j Res oilvz dt Prepared by: Llo V. Harrell nAA~1i W p r City Manager Try Persaud, AP-PCP Senior Planner Ap ro eds H. Ro ins, AICP Executive Director Planning and Development 18251 ATTACHMENT 1 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING A MORATORIUM ON 7HE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES BY PROHIBITING THEIR LOCATION WITHIN A RESIDENTIAL DISTRICT OR WITHIN 1,000 FEET OF A CHURCH, A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL, A DAY NURSERY OR KINDERGARTEN SCHOOL, THE BOUNDARY OF A RESIDENTIAL DISTRICT, A PUBLIC PARK ADJACENT TO A RESIDENTIAL DISTRICT, OR THE PROPERTY LINE OF A LOT DEVOTED TO A RESIDENTIAL USE, PENDING THE STUDY, REVIEW, AND DISCUSSION OF A PROPOSED ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES? PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF1 PROVIDING THAT 1 THIS ORDINANCE SHALL BE EFFECTIVE FOR SIX MONTHSi AND PROVIDING FOR ,I AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, based upon a preliminary review, nas determined that sexually oriented businesses may have certain undesirable secondary effects upon other land uses if their location and operations are not properly regulated; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the City Council believes that it would be in the public interest to enact a moratorium on the location of sexually oriented businesses for a period of six months so as to enable the Planning and Zoning commission and City Council a reasonable time to complete the study, review, and discussion of a proposed ordinance regulating sexually oriented businesses; Now, Therefore, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. A person commits an offense if he operates or causes to be operated a sexually oriented business within a residential district. SECTION If, A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of a church, a public or private elementary or secondary school, a day nursery or kindergarten school (as defined in Appendix B - Zoning of the Code of Ordinances), a boundary of a residential district, a public park, or the property line of a lot devoted to a residential use. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a i part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, day nursery or kindergarten school, public park, or lot devoted to a residential use, or to the nearest boundar;p of a residential 1-1 4 5 1 S +I district. yy CTIO`._ M IIi. A person commits an offense if he or she operates or causes or permits another to operate a sexually oriented business which is located within 1,000 feet of another sexually oriented business. The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located. SECTION IV, A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof. +iZCTION V. That the words used in this ordinance shall have t the following meanings: pdgJt Arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images'to five f or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." Adult Bookstore or BSlti+lt Video Store means a commercial astablishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (A) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representation which depict or describe 'specified sexual activities" or "specified anatomical areas"i or (B) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." &duit Caba_rat, means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: (A) persons who appear in a state of nudity; or (B) live performances which are characterized by the MORATORIUM/ PAGE 2 1-2 J q exposure of "specified anatomical areas" or by "specified sexual activities"; or (C) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult Motel means a hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit televi3ion transmissions, films, motion 1 pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions. Adult Motion Picture Theater means a commercial j establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar j ` photographic repruductions are regularly shown which are ` characterized by the depiction of "specified sexual ` activities" or "specified anatomical areas." Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Nude Model Studio moans any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a F;tate of Nudity meanst (A) the appearance of a human bare buttock, anus, male genitals, female genitals, female breasts; or 1 (B) a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, j or arsola of the female breast. Residential District means any zoning district which has been designated as an agricultural, one-family, two-family, or multi-family zoning district, or any area within a planned MORATORIUM/ PAGE 3 1-3 V low 4 m development zoning district which is designated for residential use, as shown on the approved site plan for the district. gegidential Use means a one-family, two-family, or multi- family dwelling, trailer camp, mobile home, or mobile home park, as defined in Appendix B - Zoning of the Code of Ordinances. Semi-Nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of thy: female breast, as well as portions of the body covered by supporting straps or devices, ,5exually Oriented Business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio. suecified Anatomical Areas means human genitals in a state of sexual arousal. I Specified Sexual Activities means and includes any of the followings (A) the fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breasts; (B) sex acts, normal or perverted, actual or simula.ted, including intercourse, oral copulation, or sodomy; (C) masturbation, actual or simulated; or activities pof or in connection art (D) rothe functions set forth in (A) through any of (C) above. j SECTION VI. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding Two Thousand Dollars ($2,000). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VII. That this ordinance shall become effective fourteen (14) days from the date of its passage and shall F 1 thereafter continue to be in force and effect for 180 days from the date it becomes effective. I SFCTION_VITIL That the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the MORATORIUM/ PAGE 4 I~ 1-4 T7 -ow i ~ i Denton REc:ord-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. Ray Stephens, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY i j APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY By. J { G ' i i i j MORATORIUM/ PAGE 5 1-5 t ATTACHMENT 2 A SUMMARY REPORT ON TAS SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES 1. Background In 1974, the Supreme Court affirmed the City of Detroit Police power ability to control the locations and density of adult entertainment businesses in order to protect the health, safety, and welfare of Its citizens. As a result of ioung vs American Mioi Theaters, Inc .1 several cities have initiated zoning ordinances to control the proliferation of sexually oriented businesses. So far there are two distinct approaches to control and regulate sexually oriented businesses. (a) The Detroit, Michigan approach (1971) which created a dispersal of sex-oriented businesses intended to separate these uses from residential neighborhoods and spreading them throughout the commercial and industrial areas. (b) The Boston "Combat Zone", (1911) established an overlay adult entertainment district in which additional special uses would be permitted in designated commercial zones which were not permitted in these zones on a City wide basis. It was intended to con- centrate all adult entertainment in a small area so as to prevent I the spread of these uses to other areas of the City. it All of the cities with sex-oriented business ordinances reviewed for this report have adopted the Detroit dispersal approach. The Detroit Ordinance attempts to disperse adult book stores and theaters by providing that such uses caaaot, without special permisston, be located within 11004 feet of any other regulated uses or within 504 feet of a residential area. 2. Secondary Effecta of Sexually Oriented Businesses (here are clear and convincing evidence of the adverse socio-economic and blighting impacts resulting from sexually oriented businesses. Some of that evidence has been taken from reports of other cities about their experiences with sexually oriented businesses. The following paraphrased statement concerning Mason City, Iowa illustrates the potential for growth of sexually oriented businesses. "Between 1% 3 and 19ai, go-go dancers gradually began to appear in the k lounges sad bare of the town. By 1%50 the dancers were topless. la 1973, the City received an application for its first adult movie house license. The license was refused (probably by an arbitrary and sub- jective decision). The applicant filed a judicial appeal and won the case forcing the City to grant the license. Ia 1973, an adult book store opened complete with sex novelties and movies. Also in 1913, a popular lounge hired totally nude dancers. Pour competitors soon followed suit. Finally, the City gained its first massage parlor."2 I 2-1 9 r' P s v Summary Report-Sexually Oriented Businesses F'age 1 la Los Angeles, the Police Department reported that crimes such as homicide, rape, aggravated assault, robbery, burglary, larceny and vehicle theft were twice as high in the Hollywood area compared to the rate for the City as a wnole3. Street robberies, wherein the victim was directly accosted by their assailants, increased by 93% over the period 19j9-1915 in the Hollywood area. The City-wide rate increased by 26% over the same period. The number of arrests for crimes such as forgery, counterfeiting, embezzlement and fraud, stolen property, prostitution, narcotics, liquor laws, gambling and other misdemeanors increased by +5.5% in the Hollywood area between 1%9-1975, compared to City-wide increase of 3.+X. Prostitution arrests increased 372.3% between 1959-1975 in the Hollywood area compared to 24.5% for the city as a whole. At the time of this study3, the Hollywood area contained 99 or i6% of the 201 adult entertainment establishments in Los Angeles. Adult entertainment included motels, massage parlors, adult book stores/ arcades and adult theaters. In an effort to determine on an empirical basis the effects of adult entertainment facilities on surrounding business and properties, the k Los Angeles Planning Department administered a questionnaire survey in 19173. The Department reported that the assessed valuation of properties in areas containing concentrations of adult entertainment businesses have generally tended to increase to a leader extent than similar areas without such concentrations. I The results of the survey identified the following adverse impacts. i (a) Difficulty in renting office space. (b) Difficulty in keeping a desirable tenant. (c) Limit hours of operation. (d) Deter patronage from women and families. (e) Affects the morals and safety of children. (f) Increase litter and graffiti. (g) Blighted and sleazy aesthetics. The Los Angeles Planning Department also mailed questionnaires to professional appraiser sampled from membership of the American Institute of Heal Estate Appraisers. the results of that survey indicated than (a) 81.7% of the respondents felt that adult entertainment establishments decrease the market values of other business properties located in the vicinity of such establishments. (b) 51.9% of the respondents felt that the rental value of business properties located is the vicinity of adult entertainment businesses decreases. (c) 121 of the respondents felt that the annual Income of business located in the vicinity of adult entertaiment business decreases. I 2-2 i i I 4 i i Summary Report-Sexually Oriented Businesses Page 3 The Amarillo Police Department in a statistical analysis of street crimes including rape, robbery, all assaults, theft from persons, auto burglary, driving under the influence, public intoxication, vandalism and illegal weapons, found that the incidence of street crimes was significantly greater aroune the concentrations of adult only busi- nesses than the average for the City as a whole+. The analysis concluded that street crimes were two and a half times the City average in the immediate vicinity of alcohol and adult only businesses and one and a half times the City average surrounding businesses featuring alcohol and semi-nude entertainment. Adult only businesses included adult book stores, adult mini motion picture theaters (peep shows), adult motion picture theaters, artist body painting studios, eating places with adult entertainment, exotic photo studios, lounges and bars (topless and bottomless) massage parlors, nude theaters and nude wrestling parlors. i In order to illustrate the impacts of adult entertainment establish- ments, the City of. Las Vegas also administered a brokers and realtors questionnaire survey. The survey results were reported to the City Commission as follows5. (a) dig of the respondents felt that adult entertainment establish- meats decrease the market value of business property. , (b) 803 of the respondents felt that adult entertainment establish- j meats decrease the rental value of businesses located in the j vicinity. (c) 82.4x believed that adult entertainment establishments decreased the annual income of businesses located in the vicinity. (d) 82.,)3 believed that adult entertainment establishments decreased j the annual income of businesses located in the vicinity. (e) 51.523 of the respondents felt that adult entertainment establishments decreased the market value of private residences located more that 1,000 feet away from such establishments. (f) A significant number of the respondents believed that vacancies, rate of tenant turnover, complaints, neighborhood appearance, + crime and litter all increased with proximity to adult entertainment establishments. The adult entertainment establishments considered in this survey included adult book stores, massage parlors, peep shows, bars with X-rated entertainment, nude topless dancing, adult tbeatere, adult motels and other sex shops. The Police Department of the City of Beaumont has concluded that adult uses such as bars, lounges or taverns and especially those featuring i such sexually oriented activities as exotic dancers and go-go girls are the frequent scene of prostitution and the sale and use of narcotics. Crimes against persons such as muggiag are also above average in such areas' . 2-3 I, I I INK -1 '4 f i ` i Summary Report-Sexually Oriented Businesses u Page In Houston, a committee on the proposed regulation of sexually oriented businesses reported to the City Council in Sovember, 1983, on the negative impacts of adult uses on economic developmeat7. According to testimony given to the Houston City Council "the sexually oriented businesses clustered in that area are apparently able to pay extra- ordinarily high monthly rents - much higher than many noa-sexually oriented businesses can afford. The result is the shutting out of many aon-sexually oriented businesses which could survive economically except for the artificial high rents." The committee also reported that "how the atmosphere created by clustering of such businesses made it difficult for many sexually oriented businesses to attract sufficient clientele. The inability to attract "seed businesses" has, in turn, made it difficult to encourage other larger scale quality wtaii development in the area. It hac discouraged those who reside in the area and thereby land uses that has historically made that area unique." Dr. Andrew Rudnick of the Bice Center gave expert testimony to the Houston City Council on June 15, 1983. He attested to the fact that the establishment of sexually oriented ouaineeses had detrimental effect on property values at least in part because they were perceived [ adversely to affect tb,,: quality of life - including among other things , family activities anal stability of such issues as suitability for neighborhood environment." I I 1 Another study of the impacts of adult entertainment businesses conducted in Indianapolis in 1.984, confirmed the findings mentioned earlier in this report. The study compared crime rates for selected areas with adult entertainment businesses (study areas) with hose of similar areas without such businesses (control areas)8. The study aggregated crime statistics over the period 1978-1982 for rape, indecent exposure, obscene conduct, child molestation, adult molestation and commercial sex. A total of 153 sex related crimes were reported in the control area over this period with a high of 39 in 1979 compared to 198 In the study area with a high of 52 in 1981. Whereas sex-related crime rates in the control areas varied from a low of 19.7 in 1978 to 33.4 in 1979, the study areas increased from 22.3 in 1978 to 50.9 in 1981. The + average sex related crime in the control area was 26.2 over the five- year period. The rate in the study area was 77% higher with 45.4 over the same period. i The study utilized data from Multiple Listing Services (MLS) and the Home Mortgage Disclosure Act records of actual mortgages processed and reported by local lenders to analyze the adverse impacts of adult entertainment businesses oa property values. Average mortgage values in the control area increased by 77A from $10,039 in 1979 to 9280420 in I 3 1982. Over the same period average mortgage values for the study area increased by 25% from 123,823 to 130,090. The Indianapolis Planning Department consulted with the Indiana School of Business to conduct a national survey of real estate appraisers in order to determine the impacts of adult entertainment businesses on both residential and commercial property values. A 202 sample was drawn from membership of the American Institute of !teal Estate 2-4 J I I i W I T-0 "-W 1 Summary Report-Sexually Oriented Businesses Page 5 Appraiser e. Respondents were asked to rank the impact of an adult book and co store on res s with three blocksiofnthelbook store. Thep results oflthe surveynareeasnd follows. (a) 80% of the respondents felt that an adult book store would have a negative impact on resideatial property values and 72X felt that effect on commercial (b) thee would be a Thergreater majority rofethelappraisers who responded felty vthat ensue is a negative impact on residential and commercial property values within one block of an adult book store. (c) This negative impact dissipates markedly as the distance from the site increases so that at three blocks tae estimates of negative impact decreases by more than one-half judged by the number of - respoodents indicating negative impacts at three blocks. (d) Cne majority of the respondents felt that th negative impacts ties an adult book store is slightly greater than for commercial properties and deceased lees dramatically with distance from residences. The City of phoenix conducted a similar study in 1974 designed to determine the impacts of adult businesses is the community9 In that , study, the City of Phoenix Police Department statietic~g~ioo inhareas there are about %0x more property crimes per 1,000 pop ; with adult businesses compared to similar areas with no such busi- nesses. The study also pointed out that sex crimes including indecent exposure to arsignificantl significantly higher in areas with adult businesses exposure were of Austin serious - entertain Similar etrimental impacts on y the aeighbothoods concluded surrounding there adult can d men t business sites. Sex related crime rates are two to five times higher than the City-wide average rate for those crimes. Sex related crimes are substantially higher in areas containing more than one adult business site than in areas where a single adult business was located." In the City of San Marcos Zoning Commission hearing on November 31 1987 + testimony given by citizens indicated the general feeling that a sexually oriented busioess serve as an "AIDS factory"..."inflicting 1 diseases on the rest of the community" and increasing the incidence of child abuse. The Police Chief testified that tae Police Department "received numerous complaints regarding adult book stores in San answering of letters individual to citizens."llsigned exclusively to Harcos" hodling add "that one es vs State, Court of Appeals of eexas, the Only recently in Lop 12 court upheld the Houston Ordinance intended to discourage use of adult arcades as places of sexual encounters or solicitation. The Ordinance adul is Lased nhediseases and thatt arcades have been treated for sexually transmitted ercadee with booths, not subject to observation by employees, present r esual eacounters.13 fire hazards and are more likely to be used for s 3, Ordinances Regulating Sexually Oriented Businesses by dispersal. 2-5 I _.i r S ORDINANCES REGULATING SEXUALLY ORIENTED BUSINESSES BY DISPERSAL r + I ~ City J Uses Controlled J Fr Distance J Distance Froe I l r a Residential J Churches/Schools I r + J I Concenjration I Amortlzotion Seattle I I I APPeals Procedure I Other Controls { Adult theaters J + I r r yes - 90 days I , l I I i r Allow only in SM l l I I r ( I C11. a cm, Zones; l l I I I ternlnate such i J uses in all other Denver J zones J Entertainment to l 500• Which persons I r l weer 18 could not) i I 1 I ! N r be lawfully o, I admitted ) l I i I I + l ) d Dallas J r + r Adult sh or i theatersas + I.DDO' i I,ODO' r r l ' l ~ r M J r l r ~ Cleveland J Adult DooRStores,) J J l r adult movies and J I 1/1,000 ) r l r mini-action J I l r I i Picture theaters, I I Pool or billiard ) ) + ) ) I balls l l I ~ r ) I r J J r Detroit i Adult bookstores. J 500• r i + j adult motion J r 211,000. I l Picture theater, l i I ) J Naiver by Petition) Ordinance l •fni-notion I I J l l of of persons I prohlbltlnp pfctwrv theaters, J I l l I owning/residing owl Promotion of l cabarets, hotels, I I I I doing business l J motels, pawnshOPs,) l r Within 500, Pornography l Pool or billiard I J I ) I ) 1 J halls, public i I r l l lodging houses, 6 - i F b f ORDINANCES REGULATING SEXUALLY ORIENTED BUSINESSES BY DISPERSAL Distance I Distance From I I ( Procedure I Other Controls I I Uses Lo".ro4led I from Residential i Churches/schools I Concentration I Amortization i Appeals I City I - I I I I Detroit (Cont.) l secondhand stores,) I I I I I l shoeshine parlors,) I I I I I I 1 I taxi-dance halls I I I I _ I I I I I 2-3/1,000' one year closest I Special permit I Sign regulation I I to R-:one first l exception must I New York j Adult bookstores, l snot adopted) I motion Picture i I I to go I make findings I ApD11es to clubs f 1 theaters, I I I I I I topless' I I I I I I Adult use always I entertatrMnt I I I I I l a primary use I facilities, coin- I I I I l I operated I I I I I l entertainment I I I I I I I facilities, I I I I I I N I physical celture I I I I I I l establIsheents I 1,000' 1/1,000' One-three years I All require C. U. Oakland I Adult bookstores, I I I if no use permit I l genii I adult mowiei, Will I I I I I shows, massage I I I I I I parlors I I i I I I I Waiver. If I Confined to Xansas city I Adult bookstores I ),ODD' I i,DOO~ I I I petition of 61% ON overlay C-X :one f I and motion picturel I I I persons residing I within C-2, 3, 4 I theaters, bath l i 4 I l or owning propertyl I houses, massage I l I within 1.000' of I shop., modeling I ; i I l proposed use. I studios. artists- 1 I I I I I I body Wonting I I I i I studia+ { I l j I l I I I I I I 1,00 Public display I 1i"~ f mult nersracks, defined material j Santa Urbar+ I land from parks ! f~ I I booksta es, motion ] 2631S SIEMENS ORDINANCES REGULATING SEXUALLY ORIENTED 1 BUSINESSES BY DISPERSAL I 1 I I I I I ! J Distance i Distance From I J I City i Uses Controlled I From Residential I Churches/Schools I Concentration I Amortization i Appeals Procedure J Other Controls I _ i r I 1 r I I i I I ~ I i I s-~ Santa Barbara i picture theaters J I or recreation J ( I I prohibited (cont.) i I J facflitiesl i I I I Bellflower J Adult bookstores, I 1,000' 1/1,000' I i I By C.U. all I theaters or minl- I I far ,em parks I ( I i building openings, I theaters, massage I I or playgrounds) ! I I I entries, windows ! parlors I I I I I J covered or i ! 1 i I I i screened to i I I i I I J prevent view Into i ! I I ! I I the interior r ! I I I I ! I I I Model studios I ! 500' I I J ! No loud speaker or I i I r I I I sound equipment r I I Atlantic city j Adult motion j Soo' I j 211,000' I I waiver of SOO' I Requires public I picture theaters, I I ! I r from residential I hearing prior to J miel -theater, r 1 ! i J with petitions I grant of permit I adult bookstores I 1 I I I signed by 61% of I r 1 I ! I I parties within I Licensing of I I I ! 1 ! Soo' I massage parlors, I ! I I I I I no treatment of a ! ! ! I ! I J person of the ' i ' j 1 r I opposite sex I I Beaumont r Adult bookstores, I Soo' I 1,000' f 300' I I I Permitted in C-M, ! adult ti 1 ( ! I I I U, and NI I picture theaters, I I 1 1 r I I I massage parlors, I I I I I I 7 J nude modeling, or photo studios I j j I ! ! I I I I ! 2631% - 6 - J i i ORDINANCES REGULATING SEXUALLY ORIENTED BUSINESSES BY DISPERSAL I I I I I I I I Distance I Distance From City i Uses Controlled I From Residential I Churches/Schools I Concentration I Amortization I Appeals Procedure I Other Controls I I I I i I Galveston j Adult motion j 500' I i,CAO' I f I j SLIP required for I picture theaters, I 1 I 1 i I comeerciai and movie theaters, I I I 1 ( I light industrial cabarets I I I I I I district l i i I I 1 it I I I J I I i i N!M Orleans I Adult book stores,) 600' I I 2/1.000' I I Conditions may be I Requires screening i adult theaters, I I J J 1 waived by the I the openings of i mint-theaters, i I 1 i 1 City Council I premises I cabarets I I I f I I ~ I I I I i I I Arlington j Adult j 500 j 1,000' j Tso, j I 1 i entertainment I I I 1 I I i establishments I I I I I I i I I i I I I I ' i I I I I I I I I I I i I I I i I I I I I i I I j I I I I I 1 i I I I i I i I I I E f I ! I J I I I 1 I ~ I i J 1 I I j I I I ! I I -9- 2631% I ~ tk s. t't Y 5 SECONDARY EFFECTS OF SEkltAllY ORIENTED BUSINESSES: SWWY CHART Secondary I Cities Effects of I 11 I I 1 I I I I sexually I Houston I IndianapoIs$ I Phoenix I Austin Oriented BUS.J Los Angeles i Awrtl}o I las Yegas I Beaumont I I I J I I I i Adult I Sex-related 140% more I sex-related 1. Crime I Street crimes I Street crimes I crimes 77% { property crimes ( crime rates ari I I r Rate 1 increased by 9311 increased 2 112 entertainment City I I estabiishments I 1 higher In areas I per 1,000 I two to fire 1 in the Hollywoodl times the City 1 I are the frequentl I with SOBS. I population. I times higher 1 area (1969-191511 average. I I I I in SOB areas. I compared to a J I I scenes I 1 Sew crimes were I 1 city-ride I I I prostitution and) i I significantly I 1 increase of 2611.1 i I sale of l I narcotics. higher in $OB I I 1 I I 1 I I I Crimes against areas. I I Prostitution I ` I persons are also) 1 1 arrests I 1 increased 3121 above average. I i I { I i I I ( I 1 in the hollywoodl I I I 1 area (1969-197511 I I I I J i 1 compared to a 1 I I { I N 1 city-wide In- I I I I I I I c 1 crease of 24.5% 1 I 1 72% felt that ant I Property 1 $1.71 felt that 1 J 6611 felt that I 1 adult book stare) I values 1 5061 decrease 1 1 market values I I would decrease I of business 1 I I 1 tM market I I I I 1 business prope;ties I a. Businessl values of 1 1 decreased. 1 i 1 property values.I Propertyl business J J 1 I 1 properties. ` j 6D% felt that I I I j I j 67.9% felt that J ( the rectal value) I 1 I 1 rental values oft J of business 1 I I I 1 1 business I 1 Properties I I I I 1 1 properties ( 1 decreased. i I I J decreases. 162,611 believed I I I that rentability) I I I J 1211 felt that I I 1 I 1 the annual 1 1 and saleability I I J I 1 income of 1 1 of business I I I J I 1 Decrease property 1 decreased. d. i 1 decreases. i t I I 26311 'r t SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES: SUWWY CHART Secondary I Effects of ! Cities Sexually I I ! I I I I I Oriented Bus .1 Los Angeles I Amarillo { Las Vegas ( Beaumont ! Houston I Indianapolis I Phoenix I Austin • 1 e. Resiaen-j I 15e.5s felt that j I Dr. Andrew j Residential j f till { I I residential ! ! Rudnick, Ric I property values { ! I Propertyl I I property values I I Center. SOB hasl increased by I I { 1 decreased even 1 I detrimental 1 261 between I ! { I if located more 1 i effect on 1 1979.1982 in SCSI ! I ! I than 1,000 feet I 1 property values,l areas compared I 1 I ! i away. I ! family I to TIS in non- I ! I I I I I activities, and I SOB areas. I I I i I I I stability of I I I i I I I I neighborhoods. 1 80% felt that I { I I I I I I residential I I I I ! I I property values I I ti ! I I ! I I would decrease. I i f s. Neighbor- I SOBS pay higher 1 I j, I 1 I I - - I hood I I I 1 I I rent, shutting I 1 911Bht I I I I I i out non-M. I I N I I i I I 1 Difficult for I I I I I I non-SOBS to I ! i I I I I I attract ! I ! I I I sufficient I j I I ! I I clientele. I ! I I I I I 1 Discourages i i I I I I I ! mixed use ! ! 1 I I I I developements. I i j ! I I j I I I ~ j I I I I i I I KITS T-W I I F Summary Report-Sesually Oriented Businesses Page 12 WEdENCES 1. 9i S. Ct. 7719 1971 2. Time, April 59 1971 3. Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles. June, 1977. ` i. A Report on coning and other methods of regulating Adult Entertainment in Amarillo. Planning Department, Amarillo. September 12, 1977. ~ 5. Minutes of the Las Vegas City Commission. March 15, 1974. 5. Memorandum to the Planning Commission and the City Council "Regulation of Adult Uses; Revised September 14, 1982". City of Beaumont. 7. Legislative report on an ordinance amending section 28-73 of the Code of Ordiaaaces of the City of Houston, Texas; providing for the regulation of sexually oriented commercial enterprises, adult book stores, adult movie theaters and massage establishments and making 1 various provisions and findings relating to the subject. November, 1983. 1 8. Adult Entertainment Businesses in iadianspolisi An analysis. Department of Metropolitan Development. February, 19% . 9. Adult Business Study$ Planning Departments City of Phoenix. day 25, 1919. I 10. Adult oriented businesses in Austin, 1986. 11. Mlnutss of the Zoning Commission, City of San Marcos, November 3, 1987. 1 3 12. Lopes vs. State, Court of Appeals of Texas. July 28, 1988. 750 S.W 2nd 49. 13. Land Use Law, March 1989, 41 2D 105-100. I i 2-12 I I _ I Ir "MW ATTACHMENT 3 j' DRAF MINUTES Planning and Zoning Commission June 28, 1989 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, June 28, 1983, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Eulire Brock, Jim 5ngelbrecht, Ivan Glasscock, William h;amman, and Fran Mop qan Absent: Judd Holt and Etha Kiktr Present from Staff: Elizabeth Evans, Planning Administrator; Harry 1 Persaud, Senior Planner; Owen Yost, Urban Planner; Jerry j Clark, City Engineer; Renee Baker, Civil Engineer Water/Wastewater; and Olivia Carson, Clerk-Typist Chairman Brock called the meeting to order. I I I. Consent Agenda I + Mr. Glasscock moved to approve the consent agenda. Seconded by Mr. Engelbrecht and unanimously carried (5-0). I II. Discussion of location and feasibility of sidewalks fcr j Bolivar Street. III. Discuss the secondary effects of sexually oriented businesses and regulatory approaches. Mr. Persaud explained that Joe Morris, Assistant City Attorney, in his May 28, 1989 memo to the Commission pointed out that the regulation of sexually oriented businesses (SCB) implicates the freedom of speech provisions in the first amendment. Mr. Morris indicated that the Commission may wish to identify the secondary effects of SOBS and also identify -'I that reasonable opportunities exist in the City for such businesses to exist after an ordinance is implemented. Mr. Persaud said that the staff has completed some research on the secondary effects of SOBS. He reviewed the effects as experienced by other cities in the nation. Impacts were made on the health, safety, and general welfare of citizens. Mr. Persaud corrected an error in the summary report to the Commission. Page 4, paragraph I should read, much higher than many non-sexually oriented businesses can afford. The result is the shutting out of many non-sexually oriented j businesses which could survive economically except for the I artificial high rents." In the ordinance on page 4, paragraph 2 should read, "Semi-Nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, . . He continued that staff reviewed surveys done by other cities. There was no reason for choosing the particular cities, they were chosen only as 3-1 I w DRAFT cities that have conducted surveys of SOBS. The Los Anga':es Police Department reported on crime rates in areas which had SOBS. Hollywood for example, has 99 out of 207 SOBS in the Los Angeles area, accounting for 48% of their SOBS. The Police Department in Los Angeles reported that the crime rate increased by 93% in the Hollywood area compared with a city- wide increase of 26% in the years 1969-1975. The point is that in areas where there are a lot of SOBS, the crime rates are a lot higher. Prostitution arrests increased 312% in Hollywood over the same period of time compared with 24.5 city-wide rate. There has been other adverse affects on property values as well. The Planning Department in Los Angeles did a survey of the American Institute of Real Estate Appraisers and found that 87.7% felt that the market values of business properties decrease as a result of SOBS. The survey also reported that 67,9% of those professionals felt that business property rent decreased and 72% felt that annual income of business properties decreased as well. In the City { of Amarillo, street crimes increased 2.5 times the r}verage ! city rate in areas where there were SOBS. Beaumont reported that adult entertainment establishments are the f?equent scenes of prostitution and sale of narcotics. Crime against persons is also above the average. There has been reports in v Phoenix that 40% more property crimes per total population resulted in areas where there were high concentrations of SOBS. Similar situations were reported in the City of Austin. A similar study of real estate professionals in Las Vegas showed that 66% felt that business property values decreased in areas where there were SOBS. The similar reports show that residential property value decreased even though they were outside 1000 feet of an $08. A number of cities such as Houston, Beaumont, and Dallas, have initiated and established 608 ordinances in order to combat the adverse effects of these businesses. Staff foals that based on research and the surveys, Denton may not be exempted from the influx and growth of SOBS in this community. Staff has come up with some redies to escape thess type of in the ordinance. on May 23, 1989, Senate Bill S8 525ifurther recognized the authority of municipalities and counties to regulate and licence SOBS. 1 Ms. Brock asked Mr. Persaud to explain the legislation. ~ Mr. Persaud explained that in the past, SOBS were regulate The police by case law and police powers of a municipality. powers came from the historic case of Young vs. American Mini- Theaters, The senate bill is giving clear cut authority to municipalities and counties to license and otherwise 23rd of penalty" sexually It was a acted by the ilegislaturaedonproviding May, 1989. The legislation is actually making it clearer now to local governments that they have the authority to regulate SOBS than in the past when authority was based on case law, 3-2 e-~ DRAFI~ Ms. Brock asked if "devoted to a residential use" in Section 11, page i of the proposed ordinance refers to an actual use or zoning. She asked if it would apply to a vacant lot that was zoned residential, Ms. Evans said that if a lot is zoned for residential use, the ordinance would still apply. If it was zoned for non- residential purposes but was used for residential, it would also apply. That is the reason it is dedicated either by use or by zoning. Mr. Kamman asked where the words defined in Section v are used in the ordinance. Ms, Evans said they are used on page 4, under the heading II Sexually Origntipd Business. Mr. Kamman asked if the provision on nude modeling studios would affect the figure drawing classes at the Universities., Mr. Engelbrecht said that the classes are not for commercial I purposes. Mr. Kamman pointed out that the students pay tuition and extra fees to help pay for the models. Mr. Engelbrecht said that the City is trying to regulate profit oriented businesses, The Universities are for education. Besides, the Universities are regulated by the State and the City does not have authority over them. Mr. Engelbrecht added that the ordinance would not cover a non- profit sexually oriented business. Ms. Evans agreed that the ordinance would not cover anything that was not done for profit. J Mr. Persaud said that in practice, SOB ordinances do not cover university classes. He said that he had not encountered anything regulating them in all the literature on the subject that he has read. Ms. Morgan said that someone could do nude modeling in their ' home and claim that they were not doing it for profit. Ms. Brock said that businesses in homes are regulated. The purpose of the SOB moratorium is to give the City time to { study the various issues involved. i IV. Public Hearing Chairman Brock opened the public hearing. I IN FAVOR: Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, said that this is the 3-3 1 1 DRAFT j kind of an ordinance that the City must be careful about because it could be challenged. The City is not sure what happens at the universities and it needs to be looked at during the moratorium period. Also, he pointed out that Mr. Persaud did not mean that it is unimportant which surveys of other cities are studied by Denton. It is a figure of speech. Mr. Persaud has studied many communities and just happened to pick the first one which was Hollywood. The Chamber has been actively involved in this process and endorses the moratorium and the concept of control ing SOBs by controlling those factors which create heinous secondary effects. The City of Dallas is in the process of enforcing their $08 ordinance. The Chamber has been watching their progress and they have been sending us literature. Ms. Brock stated that she asked Mr. Persaud how he chose which cities to study, He informed her that all cities that did studies found similar effects so it was possible to chose cities randomly. All of the evidence points to the same thing and is reliable. i OPPOSED: None present Chairman Brock closed the public hearing. DISCUSSION ANO DE j - CISION: Mr. Glasscock moved to recommend approval of the moratorium on sexually oriented businesses. Seconded by Ms. Horgan. E Ms. Brock stated that there is an array of evidence that this type of ordinance is needed in Denton. Some legal non- conforming uses in Dallas have had their time limits expire. They are being forced to move so Denton is vulnerable. She said that she believes the Commission has followed the correct proc,,dures in order to reach a decision. Motion was called and carried unanimously (5-0). 1 I 3-4 T'N { 9 0 LT- I i {i i i li I A i I i -JL.L -1 1 IF i 1 llv,mV,4 J -F low r f DATE: 08/01/89 ! CITY COUNCIL REPORT FORMAT TO: Mayor End Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AMENDING APPENDIX H - ZONING OF THE CODE OF I ORDINANCES TO PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT RECOMMENDATION: The Planning and Zoning Commission recommended approval of their meeti,g of May 24, 1989 (6-0). IM The Historic Landmark Commission recommended approval at their :eeetisg of March 20, 1989 (5-0). I ~ SUMMARY: {s f The regulations will provide for more specific guidelines and requirements for new construction, additions or changes to the facade of structures in the Oak-Hickory Historic District. Currently, the Historic Landmark Commission has the authority to grant Certificate of Appropriateness for changes but this is totally at their discretion without guidelines in the ordinance itself. The regulations will give both the Historic Land Commission and the j petitioner direction for submittals and decision making. BACKGROUND: In 1986, the City Council approved the Oak-Hickory Historic District. The historic landmark preservation section of the zoning ordinance required the Historic Land Commission to prepare a district preservation plan. This plan should include sign, parking and architectural regulations. Currently a Certificate of Appropriateness is required when changes or alterations are proposed to structures within the district. The Historic Landmark Commission has worked on the regulations since 1986. I 1 r r I M City Council Report Format August 1, 1989 Page 2 I ' PROGRAMS DEPARTMENTS OR CROUPS AFFECTEW Property owners on Oak-Hickory Historic District and the Historic Landmark Commission. FISCAL IMPACTS Nose i Respectfully submitted: Lloyd V. Harrell i City Manager Prepared by: E E e th Evans 1l.ng Administrstor IF ~ ~ Approveds i r / I i rank . Robbie s AIU Executive Director Planning and Development 1818k i I JJ 1 I T-M 2289L/5389 //AC`7mer1~ 1 NO. AN ORDINANCE MENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE 288 TO PROVIDE FOR REGULATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIMIM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the provisions of Article 28A of Appendix B-Zoning, the City Council has enacted Ordinance No. 87-224, providing for the creation of the Oak-Hickory Historic District; and, j WHEREAS, in order to protect and preserve the District, the € Historic Landmark Commission has proposed and recommended addi- tional regulations for the District; and, WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed regulations; and, WHEREAS, the City Council has determined, after a public hearing thereon, that the following regulations are necessary to insure the protection and preservation of the District; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: a SECTION I. That Appendix B-Zoning of the Code of Ordinances, as amended, is further amended to provide for a new Article 288 to read as follows: ARTICLE 28B OAR-HICKORY HISTORIC DISTRICT REGULATIONS Section 285-1. Purpose. The purpose of this article is to insure the protection and preservation of the Oak-Hickory Historic District by providing for regulations for the use, construction, alteration, repair, improvement, and alteration of buildings, structures, properties, and sites within the District. Section 28B-2. Definitions. The words used in this Article j, shall have the following meanings: j "Commission" shall mean the Historic Landmark Commission authorized and appointed in accordance with Article 28A. 1 4 J 1 2289L/5389 ~ HAclime n~ 1 NO. AN ORDINANCE MENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW ARTICLE 28B TO PROVIDE FOR REGLLATIONS FOR THE OAK-HICKORY HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUI AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN + EFFECTIVE DATE. WHEREAS, in accordance with the provisions of Article 28A of Appendix B-Zoning, the City Council has enacted Ordinance No. 87-224, providing for the creation of the Oak-Hickory Historic District; and, i WHEREAS, in order to protect and preserve the District, the Historic Landmark Commission has proposed and recommended addi- tional regulations for the District; and, WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed regulations; and, WHEREAS, the City Council has determined, after a public hearing thereon, that the following regulations are necessary to f insure the protection and preservation of the District; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Appendix B-Boning of the Code of Ordinances, as amended, is further amended to provide for a ne.w Article 28B to read as follows: ARTICLE 28B OAK-HICKORY HISTORIC DISTRICT REGULATIONS I Section 28B-1. Purpose. The purpose of th's article is to insure the protection and preservation of the Oak-Hickory Historic District by providing for regulations for the use, construction, alteration, repair, improvement, and alteration of buildings, structures, properties, and sites within the District. Section 28B-2. Definitions. The words used in this Article shall have the following meanings: ~ I "Commission" shall mean the Historic ,Landmark Commission authorized and appointed in accordance with Article 28A. ~f , mom s a s "District" shall mean the area encorpassed in the Oak-Hickory Historic District as established by and described in Ordinance 87-224, ai amended. Section 288-3. Application of Regulations. A. It shall be unlawful for any person to do, or to allow or cause any other person to do; any of the following acts on any property located within the District without first applying for and receiving a certificate of appropriateness from the Commission: 1. Constructing a new building or making an addition to an existing building. 2. Reconstructing, altering, changing, or restoring the exterior facade of any existing building. 3. Placing or locating any building. 4. Performing any act for which a certificate of appro- priateness is required by article 28A. 5. Constructing or eret !ing a fence, wall sign, or other permanent improvements which are subject to regulation i by this article. B. Any construction, alteration, or improvement made on any l:operty within the District which would not require a certificate of appropriateness by reason of it not being visible from any public street as provided in this article or article 28A, shall be submitted to the Commission, prior to the beginning of the work, for its determination of whether the improvement would be visible from a public street. C. Other regulations applicable to the District as contained in any other article of Appendix 8-Zoning or the Code of Ordinances shall continue to apply to the District, except as specifically modified herein. D. If any provision of this article conflicts with any other provision of the Code of Ordinances, the - ;,visions of this article shall govern and control. F., Where any provision of this article modifies any provision IJ~ of any other ordinance applicable to the District, the words used herein shall have the meaning as defined in the provisions of the ordinance modified, unless the definition is otherwise provided for herein. I PACE 2 2-z 1 t Section 28B-4. Approval Procedures. The rertrements and procedures of article 28A-9 of Appendix B-Zoning of the Code of Ordinances, providing for application and issuance of certificates of appropriatenesa, shall apply and be followed for any certificate of appropriateness required herein; provided, however, that no certificate of appropriateness required y article 28A-9 or this article shall be granted except upon compliance with the additional regulations of this article, whare applicable. Section 28B-5. Architectural Regulations. A. Main Building - Main buildings must be compatible in scale , with structures existing in the District. B. Accessory Buildings - Accessory buildings which are visible from any pu c street, other than an alley, as determined by the Commission, must be compatible with the scale, shape, roof form, ` materials, detailing and color of the main building. C. Architectural Detail - Materials, colors, structural and decoration elements an the manner in which they are used, applied, or joined together must be compatible with nearby and adjacent structures. 1 D, Awnings - Metal and corrugated plastic awnings are only permitted on-an accessory building or the rear facade of a main building, if not visible from any public street, other than an alley, as determined by the Commission. Other awnings must be typical of any proposed structure and the character of the main building. E. Building Placement - All buildings must be placed so as to not adversely affect--t-Fe-rhythm of spaces between buildings on the block. ' F. Chimne s_ - All chimneys must be compatible with the style of proposed -building. Chimneys must be constructed of brick, stucco, atone, or other materials compatible in texture, color, and style with the proposed main building. 0. Additions - All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the axisting building. PAGE 3 S-3 f 1 I H. Color 1. Certdin Colors Prohibited - Fluorescent metallic colors are not ppeermittte on the exterior of any structure in the District. 2. Dominant and Trim Colors - All structures must have a dominant color, which mall not be of vivid satura- tion. The colors of a structure must be complementary to each other and the overall character of the main building. 3. Gutters and Downs outs - Gutters and duwnspouts must be ~co or t at matt es or complements the color scheme of the main building. /-1 44 Roof Colors - Roof colors must complement the style and - overall color scheme of the structure. 5. Masonry and Brick Surfaces - Masonry and brick surfaces not previously pa me muse not be painted unless it is E determined that: ' E j I a) The painting is absolutely necessary to restore or preserve the masonary or brick; or b) The color and texture of replacement masonry or brick cannot be matched with that of the existing 1 masonry or brick surface. 6. Stain - The use and color of stain must be typical of t►~tyle and period of the structure. 1. Facade Materials 1. In General - The only permitted facade materials are 6c c , wood siding, wood, atone, and stucco. All facade treatments and materials must be typical of the style and period of the main building. 2. {food Facades - Existing wood facades must be preserved as woo3-racades. J. Front Entrances and Porches 1. Detailing - Railings, mouldings, the wouk, carvings, anZ otzFeer detailing and architectural decorations must ` be typical of the style and period of the main building. PAGE 4 ~ 11L POWs r y f I r i 2. Enclosures - A front entrance or porch may not be enc ose with any material, including iron bars, glass, or esh screening. 3. Facade ~O_p enirggs__ - Porches must not obscure or conceal any facanings in the main buildings. 4. Floor Coverings - Carpeting is not permitted as a porch floor or step covering. 5. Style - Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials, and colors that are typical of the style, of the proposed main building. A front entry or porch -"1 must reflect the dominant horizontal and vertical - characteristics of the proposed main building. K. Roof Forms i 1. Material and Colors - Roof material and colors must comp ement t He sty a and overall color scheme of the structure. ~I 2. Patterns - Roof patterns must be typical of the style and per`Tod of the main building. 3. Slope and Pitch - The degree and direction of roof E and p i-tT-must be typical of the style and period of the main building. 4. Skylights and Solar Panels - The commission may allow s y g to an solar pane s on a building if their placement does not have an adverse effect on the architecture of a building or the District as a whole. L. Windows and Doors 1. Front Facade Openings - The location and size of windows _ and-To-ors in proposed facades must be compatible in scale with the typical style and period of the main building. 2. Class - Reflective, tinted, and mirrored glass and plastic are not permitted in any opening. 3. Screens Storm Doors and Storm Windows - Screens, C storm oors, an storm w n owe may Do permltted if: PACE 5 i i I y r , k a. Their frames aro painted to match or complement the lcolor scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Securit and ornamental Bars - Security and ornamental arm are on rm Y Pe to on t e exterior of an accessory building, the rear facade of the main building, and the interior of the building. 5. Shutters - Shutters must be typical of the style of the propose- main building and appear to be installed in a manner to perform their intended function. r--~ 6. _StYle - All windows and doors in the front facade of , 1 We main buildin must be proportionally balanced in a manner typical o fthe style and period of the building. 7. Size - The size and proportion of window and door openings located on the front and sides of the main building must be typical of tha vtyle and period of the main building. 8. Frames - The frames of the windows must be trimmed in a manner typical of the style and peri,)d of the building. 9. O nni~ngs - All windows, doors, and lights in the front and side facades of the main building must by tcal of the style and yghts must be compatible witho the doors building, Sidelights i M. Outdoor Li htIn In. Outdoor light fixtures must be compati e w t t e style and period of the main building and not obscure or conflict with significant architectural details of the building. Section 28B-6. Fences A. Form 1. Fences meet be maintained in a vertical position. ~i 2. The top edge of a fence must be along a line that is either horizontal, or substantially parallel to grade. 1 B. Height The maximum permitted height for a fence shall be as prov e y the Codo of Ordinances. PAGE 6 ~I 1 I ~ i 1 'y t i i C. Materials - A fence must be constructed of one or more of the fo IT wig-materials: wrought iron, wood, stone, brick, patterned cdhcrete or stucco. Exposed concrete blocks are not permitted. D. Color and Style - Fences must be of a color and style complementary to We- main building. E. Masonry Columns and Bases - The color, texture, pattern, and dimens oni 0 masonryy~I the color, width, type, and elevation of mortar joints in a fence column or base must match the masonry and mortar jointii of the main building as nearly as practio able. F. Metal Fences - Wrought iron and metal fences must be compati e w t t e style and period of the main building. G. Wooden Fences i 1. All wooden structural posts must be at least four inches in diameter. 2. The side of a wooden fence facing a public street must be the finished side. 3. Wooden fences may be painted or stained a color that is complimentary to the main building. { Section 28B-7. Sign Regulations. G A. A licable Re ulatio_n_t•Modifications. All signs located within tie str ct a a l be subject co she provisions of Article 17 of Appendix B-Zoning, except as modifted as follows: 1. Signs P4rmitted. No signs other than stake and wall - signs sis1T- a permitted. Ground, roof, projecting, portable, and off-premise signs are prohibited. 2. Wall and Stake Sign Regulations. a) Number of Wall Si ns. Only one wall sign per prmTadT perm tta . M b) Size. No wall sign shall have a maximum dimension uFiich is greater than twenty-four (24) inches, measured along the greater distance of any one line which defines the effective area of the sign. No PAGES 7 1 . 1 J~ r 3 f hake sign shall have an effective area greater than ten (10) square feet. c) Wind Devices. No wind devices, other than flags of the n to tates or the State of Texas shall be permitted. A. A permitted flag shall not hive a dimension, as to any one side, which is greater than six (6) feet. B. Address or Name Signs. The sign regulations of this article s a not apply to the si4no or numbers which are used solely to identify the street address of the premise or to -.1 identify the street address of the premise or to identify by name the occupants of a residential building. i f C. Approval Procedure for WalllSign&. No new wall signs shall be construcCea or Located, and no existing wall sign shall i be altered, until a certificate of appropriateness is issued by the Commission in accordance with the procedures applicable to alterations or changes of the exterior architectural features of buildings, as provided for in Article 28A of the Code of Ordinances. Section 28B-8. Parking Regulations. A. Applicable Regulations: Modifications. The provisions of ArticleT3 ~C`ppen ix a-Zoning, as amen e , shall apply to the District, except as modified as follows: 1. Location. All off-street parking spaces for any 6uildin used as a multi-family dwelling or for a nonresidential use shall be located between the building fronting the public street and the rear property line. 2. Number of Parkin S ces. Each specified use ahnll provide the following num er of parking spaces: a. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit, b. Nonresidential uses shall provide one and one-half (1.5) the number of parking spaces required for that use by Article 15 of Appendix B-Zoning. E 1 PAGE 8 J4 1 t i t I 44 i P sente SfgTIO~ II. That if nce, Tqquse, phrase or word in section, ~ ordinance, or application thereof to aAy person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of ttie remaining portions of this ordinance, and the City Cnuncil of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. Any persca who shall violate a provision of this ordinance ' or Mils to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00), Each such person shall be deemed guilty of a separate offense for each and every day or portion' thereof during which any violation of this cionsommitted, or puns led within convictien of limits above. SECTION IV, That this ordinance shall become effective fourteen ays from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the offi6ial newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. i 4 I v i RAY STE HE S, 1 ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: (wit I Il I i PAGE 9 i T-M OAK-HICKORY HISTORIC DISTRICT DENTON, TEXAS NORTH in a U u k U u U U 1! U 11 !1 apU 141 ME - p it 4 a 477 PEARL 4 + * s : 98 {a a Nl)c [ss] k1 #00. + + 5 to to Ve 5 i plar, I -~-r 42- V 4 i ~11I1 , {~J 1 f s~ ,i e Q,''' -1 0 4 10 11 1 0 U. k } WEST OAK 4 + } { O ti! o TTz r a r v o `S ff I + e, l r - IfC 1 !d■tt I = ` VG e Ill ! J j ' 1 L± F l ' wf l ~ U li St. i 'f6 [5 ISII IEl is ~~r~711 9~1 I P~I [~~■~I1 i.11rp SiJ Uf 11 i Il J Ilrl l -1 SCI IJ Ip lls t a_ a -.1.__ i. i a n a_. ■ _a. J u ' ■ N3. 1 WEST HICKORY + { U. - El f 3 { ~ tI ~ ID it i#A 11 ■r f I ! 1 1 I IJ I! 1 t 1, 1/ U Noe L;~ EPA 'r7~CI "-OP+wl. i I I t i k r ~ G~imee? DRAFT I~ Minutes ' PLANNING AND ZONING COMMISSION May 24, 1989 I J! The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, May 24, 1989, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Jim Engelbrecht, Ivan GlasscocR, Judd Holt, WiIIiam Kamman, Etna Kiker, and Fran Morgan Absent: Euline Brock Present from Staff: Frank Robbins, Executive Oirectcr for Planning and Oevelopment; Elizabeth Evans, Planning Administrator; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; and Olivia Carson, Clerk-Typist Vice-chairman Holt called the meeting to order. I. MINUTES f A. Consider approval of the minutes of t,~,joint and regular meeting of March 22, 1989. Mr. Glasscock moved to approve the minutes of the joint and regular meeting of March 22, 1989. Seconded by Ms. Morgan and unanimously carried (6-0). B. Consider approval of the minutes of the joint and regular meeting of April 12, 1989. It was moved by Mr. Kamman, seconded by Ms. Morgan and unanimously carried (6-0) to approve the minutes of the joint and regular meeting of April 12, 1989. II. PNELIC HEARING A. Petition of the Denton Historic Landmark Commission (HLC) requesting the adoption of an ordinance amending Appendix B-Zoning of the Code of ordinances of the City of Denton, Texas, by adding a new Article 288 to provide for regulations for the Oak-Hickory Historic District, including architectural, sign, and parking regulations. 129 notices were maile,, to property owners in the District and within 200 feet; 7 reply forms were received in favor, 5 in opposition, and 1 was undecided. Vice-chairman Holt opened the public hearing. i t ~ ,I 1 I -T--- r 4 P 6 2 Minutes D~ May 24, 1989 Page 2 f iTAf REPORT: Ns. Evans stated that currently the 'oring ordinance allows the Historic Landmark Commission to nape authority over changes made to the facade of buildings within the historic district. The proposed regulations would provide more guidance in the decision making process. Most of the reply forms received in opposition to the regulations are from those who are opposed cc the district itself. This request is not related to the establishment of the district but to regulations r concerning it. r Mr. Kamman said that he thought only two owners were h opposed to the district previously. Ms. Evans said that several people have been by the office and picked up copies of the proposed regulations. The boundaries of the district are along the north side of Oak Streit from 610 W. Oak west to the intersection of Oak and Fulton streets; along the south side of Oak Street from 809 West Oak west to the Iotersection of West Oak and Welch Streets; the north side of Hickory Street from th,a intersection of Hickory and Welch Streets to the intersection of Hickory and Williams Streets; the east side of Denton Street from the intersection of Denton and Oak Streets to the intersection of Denton and Pearl Streets; and the south side of Pearl Street from 607 Pearl west to the intersection of Pearl and Denton Streets. Ms. Kiker asked if there will be any cost to the homeowners. He. Evans stated that the regulations are not requirements but are for guidance in any alteration or `i new construction. Certificates of Appropriateness are required prior to changes but there is no cost for obtaining one. Ms. Kiker asked what method will insure that future homeowners will be aware of the regulations. Ms. Evans said that to be included in the historic district is typically used as a selling point by realtors. Copies of the regulations are available in the Planning Copartment. There is not a specific way to i notify new owners of existing regulations. Regulations already exist for historic landmark structures. i 1 V, ~ t DRA P 6 Z Minutes May 24, 1989 Page 3 Mr, Holt stated that a reactor would probably have tc reveal that tha regulations exist. The district needs a sign. Ms. K1ker stated that it is one thing to know that one is in a historic district and another to find out that because of it there are certain things one has to do. Mr. Holt said that the regulations art Similar to deed restrictions. Ms. Evans stated that the Zoning Ordinance currently requires that changes cannot be made to the facade without the approval of the Historic Landmark Commission. The regulations being considered at this time are to provide guidance to the Commission and property owners E as to what type of changes are acceptable. The current regulations give control to the Historic Landmark Commission but do not give any direction. The new j regulations will provide a bas'p for decisions. 1 Mr. Glasscock asked if all houses within the district ! conform to the proposed regulations. Ms. Evans said that if the do not, they are considered legal, non-conforming uses. She said the owner of the Mad Hatter's building has received approval for a change without problem. The proposed regulation>• are for people who want to make changes in the future. Mr. Engelbrecht asked about the definition of complementary. Ms. Evans said that a definition is not provided in the ordinance but a dictionary would refer to a color chart. Mr. Engelbrecht asked about the parking regulations for non-residential uses in the district. + Ms. Evans said that the requirement is for one-half space i extra for every space required in the zoning ordinance. 1 It is intended to limit on-stroet parking, Mr. Engelbrecht asked about sign regulations in the district. I , I a- 3 V 1 I iJ E 1 l 1 P S Z Minutes URAt May 24, 1989 Page 4 , Ms. Evans said that the Historic Landmark Commission worked on this ordinance at the same time the sign ordinance was being written. They fait that the sign requirements they included would be more appropriate for the district. Mr. Engelbrecht asked if cedar fences would be allowed if they were not painted or stained. ' Ms. Evans said that it could be allowed if it was complementary to the main building. i Mr. Kamman asked if words such as "match" and "complementary" are acceptable in court. it Ms. Evans said that the words are intended to allow flexibility. There was a concern about vivid saturation, and odd, mismatched colors. They did not want neon blue and green doors on white houses. The Commission attempted to gear things to relate to the main building on the lot. If the main structure is Victorian, then j the accessory building and paint colors need to go with that period. Mr. Engelbrecht asked how the regulations will affect the } variety of architectural styles in the district. Mike Cochran, Chairman of the Historic Landmark Commission, stated that the Commission was aware of the variety. Thd regulations are designed to permit room for value judgments. Some things should be allowed and others should be omitted. Mr, Holt asked if all Victorian houses were white. Mr. Cochran said tnat they were painted different colors. In Denton they were mostly white, in other places different colors were predominant. 0!yinions of what 1s historic changes through time and tho regulat,ons should be prepared for that. 1 Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, pointed out that stake signs include realtors signs. They are usually a standard size and it may pose a hardship to them to have to make special signs for the historic district. This should be taken into consideration. He said that he is not opposed or in favor of the regulations and askel if businesses in the area had been consulted about them. a-~ e 1 i fi I r DRAFT P 6 ? Minutes May 24, 1989 Page 5 1 Mr. Cochran stated that the HLC held a public hearing. only one owner of a commercial property attended and he did not speak. Mr. Cott said that the entire community should spend time on the ordirance. He said that last week there was a community problem with Pep Boys. The residents of the Historic District may not want to give the idea that they are chipping away the new sign regulations by allowing for wall signs only. A 24 inch sign is a small sign. PETITIONER: Mr. Cochran stated that real estate signs are usually smaller than what is being ailowed in the district. As far as business signs, there is only one I` commercial business in the district. It has a larger sign which will be grandfathered. The message to the I community is that the district is residential in nature and it is undesirable for it to become a commercial district, Commercial development is net to be encouraged within the district. Sign regulations should' be more restrictive than what is allowed along I-35 and University. A lot of the HLC discretion has been removed through these regulations. Standards for new structures in the district were included. Worst case neighbor situations were taken into account hence the reference to vivid saturation which has a distinct meaning and is assigned to prohibit wild paint colors. jH FAVOR: ncne present. OPPOSED: none present. I gENuATIO1~; Ms. Evans stated that staff recommends approval of the Oak-Hickory District Regulations. Vice-chairman Holt closed the public hearing, DECISIObi: Mr. Holt stated that there is a standard real estate sign that is used on different properties. He said that he thinks they are under 10 feet. That should be checked o4t. The Oak-Hickory District is a ' residential neighborhood and needs to be protected. Me. Kiker stated that the reply letters are evenly split. She said that she is ambivalent. The regulations are very restrictive. She added that she is unsure that she would want to have to ask permission to paint her house, but also understands the need to prohibit vivzc II saturation. i I V M , 4 AS P Z Minutes DR May 24, 1989 Page 6 1 Mr, Holt stated that the regulations gi•,,e gu•.del,nes. A1o permission is needed to paint unless the paint colors are being changed. Mr. Glasscock agreed. He said that the regulations should have been done years ago. The main complainars are apartment owners. He said that he is in favor of the regulations and moved to recommend approval. Seconded F by Mr. kamman and unanimously carried (6-0). v i i i { l `1 g . r ~ a J E~ 1I 1 r i /~ac~tmchf 3 y MINUT ES Historic Landmark Commission ' March 20 , 1989 fhe regular meeting of the Historic Landmark Commission of the City of Denton, Tex s was neld on Marcn 20, 1989 at 33:00 p.m, in the City Council Chambe~s of the Municipal building, 215 E. McKinney, Denton, texas. Present: William Barker, Mike Conran, Richard Hayes, 1'om Miller, and Janet Shelton Absent: Judith Abbott, Catharine Conrady, Gaylen Fickey, and Bullitt Lowry Present from Staff: Elizabeth Evans, Planning Administrator; Jane ---~1 Finley, Main Street Manager; and Olivia Carson, Secretary Chairman Cochran ca'.led the meeting to order. 1. PUBLIC HEARING Chairman Cochran opened the public hearing. STAFF REPORT: Ms. Evans stated that the Oak-Hickory Historic District is the only one in Denton. The proposed regulations for the district relate only to that district. If another district was created it would need it's own set of regula- tions. 'There is a variety of structures and styles in the Oak-Hickory District, and the regulations are worded loosely W j oecause of this fact. Currently, a Certificate of Appropri- ateness is required to make changes to the facade of struc- tures within the district. The proposed regulations identify , the circumstances for which a Certificate of Appropriateness will be required. Some reasons can be as drastic as a porch demolition or as small as a change of paint colors. The reg- ulations cover everything from building a new building to j accessory buildings and additions, colors, facade materials, porches, etc. The section on outdoor lights relates to fixtures, not to the lights themselves. Most of the regula- tions relate to being seen from the street and being in character with the main building, not to being in character with the district. The regulations also apply to fences, signs, and parking. New developments will be required to have more parking than is normally required in the Zoning Ordinance. Mr. Cochran asked his. Evans to explain when a Certificate of i Appropriateness is not required. 14s, Evans answered that a Certificate of Appropriateness is not required to paint a structure the same color or to redo Die roof the same way. Anything that is replaced the same as it was previously does not require a Certificate. If the change is different from what was originally in place, a 3-/ r is 1 1 Y 1 r i1 Ai nut es a hl~rcn 21 , lyd9 Page 1 of 3 Certificate will be required. Owners can apply through the Planning and Development Department. The Historic Landmark Commission can make spacial efforts to help meet construction deadlines. Requests can be made in writing to the Planning Department and the owner need not come in person. A recent applicant sent paint strips to illustrate their request. Mr. Cochran askea wnat grievance procedure is available to the property owners. Ms. Evans said tnat the decisions of the Historic Landmark Commission can be appealed to the City Council. Ms. Snelton asked if the regulations apply to the interior of structures. Ms. Evans said no. Mr. Cochran asked what happens if the Commission fails to take action on a request. Ms. Evans answered that if the Commission does not take action on a request within bJ days, the Certificate is deemed k issued. ( Mr. Cochran stated that it is unlikely that the Commission w 4 would take that long to make a decision. Mi. Evans said that applicants can request longer time i periods. A member of the audience asked who the property owners snould contact to determine if a Certificate would be required. Mr. Cochran said that the Planning and Development Department can answer questions of tnat nature. Ms. Evans empnasized that Planning snould be informed of any proposed demolitions. Ms. Penny Edyvean, 1JJJ W. Hickory, said that a problem has been created because a large truck is being parked in the District. Ms. Evans stated that there are requirements concerning 1 parking of different size vehicles on certain size streets. Hr. Cochran stated that the Comm' sion did not want to make the district regulations too restrictive. IN FAVOR: None present. OPPOSED: Don Davis, uwner of 7JJ W. Hickory asked how the regu ations will effect the sign on the roof of his commercial building. 4 4 r . ti iinutes NL . _n 20 , 198, Page 3 of 8 Mr. Cochran answered that the existing sign would be grand- fathered. Mr'. Davis asked about replacing the face of the sign. Mr. CoA ran replied that. the face could be changed. A change to the structure itself would require a Certificate of Appropriateness and if there is a six months vacancy, the grandfather condition is forfeit, He asked Mr. Davis about his previous encounter with the Historic Landmark Commission, Mr. Davis stated that he iiad been afraid of having problens but instead got what he wanted without difficulty. The structural cnange was granted due to necessity. Chairman Cocnran closed the public hearing. DISCUSSION AND DECISION: Mr, Hayes stated that the original , enabling ordinance deals with individual structures that have historic designation. The new regulations are for the district. Many of the structures in the district are not individually designated, The new regulations need to address demolitions of structures within the district. Nis. Evans stated that accordin3 to the Zoning Ordinance, the definition of historic landmark covers districts. That is M how the district nas been protected up until this point. She referred Mr. Hayes to the Historic Preservation Plan. i Mr. Cochran stated that page J, paragraph 2 should read that colors should be complementary to each other, not of each other, j Ms. Evans asked if the Commission would like for tnat paragraph to refer to the overall character of the main building instead of the district. Mr. Miller said yes, f A gentleman in the audience asked the definition of a main building, Mr. Cochran replied that it is the dominant structure facing the street. Ms. Evans asked if the Commission would like to include pat- terned concrete in the list of acceptable fence material, Mr. Miller said tnat it should not be forbidden out of hand. j It could be okay if It is well designed, Mr. Cocnran stated that he has seen bad examples of patterned { concrete and is not optimistic. I 3.3 f f i iiLC uutes Ma rcn Z) , 1989 Page I of 8 Mr. Miller asked why the regulations require the top edge of a fence to be flat. Mr, Cochran stated that the intent was to weed out cheaper, stockadr. type Mr. Miller said tnat there are good fences of 18th century stone masonry that nad little rooftops to shed water. Maybe the intent of the passage was to say that the top edges of fences snould be continuously level. He suggested „limi- nating the sentence that calls for that requirement. tie moved to add patterned concrete to the list of acceptable material for fences in the historic district. Seconded by Mr. Barker. Roll call vote: Mr, Barker - aye Mr. Cochran - nay Mr. Hayes - aye' Mr. Miller - aye Ms. Shelton - aye Motion carried (4-1). Mr. Miller stated that security and ornamental bars can be { required for some styles. The bars should be in character E with the main structure. Mr. Cochran tn Commission If the bars are on the inside they will } ~ w look better. Mr. Miller said that deciding each case individually gives i I the greatest number of options. Mr. districtrforswaichnornamentaldbars couldnbeacompatible, the Mr. Miller moved that security and ornamental bars must be in character h4t oncmain erningithenbarsdshthe ouldebe omitted. graph on page Motion failed for lack of second. Mr. Miller said that a skylig.+t or solar panel cannot be defined as automatically being adverse to the design of a structure. People are not used to seeing them but they are a new technological advance. Mr. Cochran suggested removing the first sentence concerning skylights and solar panels on page S. i Y t y i 1 Minutes march 2J, 1999 Page i of 8 prase -,at another location" could be Ms. Evans said tnat the p removed. cated taking out the section all together. ` Mi. miller advo Mr. Cornran said that adding a skylight or solar panel would oe a major architectural change requiring a Certificate of Appropriateness. Mr. Miller moved to delete the paragraph on skylights and solar panels. Seconded by Mr. Cochran and unanimously carried (S -0 Ms. Evans pointed out that the section on roof changes would cover the situation. Mr. Miller said that requirements for wind devices should be r consistent. Ms. Evans said that wind devices armneSnehsaid thation relating to signs for advertising purposes. she would cneck the definition of wind devices in the sign ordinance. The new sign ordinance is not as restrictive as I the district regulations. { Mr. Cochran said that the section on signs should be left in the district regulations. bad sculpture. !t A woman in the audience asKed about regulating Mr. Cochran said that a few years ago a sculpture was put out with an advertisement on it. The advertisement had to be removed. I Mr, Hayes staled that there are good things in Article 28A that would be used in Article 28B Specifically the require- ihorHistoal,a strict power +i ments for demolitions and permits to force repairs snouid apply Regulations. Ms. Evans said that while the Commission has the punitive authority to remove individual designations, they may not wish to fine cancbenlevied fornfailureototobtaintCertificatestof A Appropriateness. She said that she would inform the Legal Department of Mr. Hayes concerns about the Regulations. / Mr. Hayes moved to have clear wording in the Historic District Regulations to e effect that cable to individually designated applicable to within the 0 Seconded by I { x HLC Minutes March 2J, 1989 0 Page b of 8 Mr. Hayes stated that instead of using the word "structure", the word "district" could be used to transfer the require- ments from Article 28A to Article 288. Mr. CoAran asked when the regulations will go to the Planning and Zoning Commission. Ms. Evans said it would be the end of April or the IJth of May. She pointed out to the Commission that they did not vote on changing the wording concerning the dominant and trim colors. Mr. Miller moved to change the regulations on page 4, suction H.2. to read that the colors of a structure must be comple- mentary to each other and the overall character of the main building. Seconded by Ms. Shelton and unanimously carried (5-J Ms. Shelton moved to recommend approval of Article 28B, Oak-Hickory Historic District Regulations as amended. Seconded by Mr. Barker. Mr. Cochran stated that the Historic District and the Regu- lations for it will be a good thing for the City of Denton and possibly for the property owners within the district. He said that ne is convincea that it is good for the future and will not be a detriment. Roll call vote: Mr. Barker - aye Mr. Cochran - aye Mr. Hayes - aye Mr. Miller - aye Ms. Shelton - aye Motion carried (5-J). Meeting adjourned to the City Manager's Conference Room. II. DISCUSSION ii A. Quaker Town site marker. 1 Mr. Cochran stated that the Commission has the authority to place a historic site marker to commemorate Quaker f 3 'town and he would like the Commission's encr,uragement to pursue the matter. The black neighborhood was forcibly removed by ue City. Perhaps a civic group could make a proposal for a marker at the site. ' Mr. Aller asked who would pay for the marker. 1 S A Y 4 a 3 ! k ~ x f / / I ' fy t'TCl C 61 MC 4 r ~ I i !Il1u, i Historic Landmark Commission December 12, 1988 Page 7 Chairman Cochran opened the public hearing. IN FAVOR: none present. OPPOSED:I none present. STAr'r REPORT: Ms. Evans stated that the Building Inspections Department received a request for demolition of a vacant, sub-standard garage apartment. Because it is in the Historic District, the Commission must approve the application. The owner of the property is in a nursing home. Her children have made the request. DISCUSSION AND DECISION: Mr. Barker stated that the structure is about to fall in. Mr. Cochran agreed that the structure is in poor 1 condition. He closed the public hearing. Mr. Lowry moved to approve the demolition permit for a garage apartment located at 700 M. Oak. Seconded by Mr. Barker and unanimously carried (5-0). IV. Consider making a recommendation on the Oak-Hickory Historic District Regulations. Mr. Lowry moved to remove the discussion of the Oak-Hickory Historic District Regulations from the table. Seconded by Mr. Barker and unanimously carried Ms. Evans stated that she needs clarification on some issues from the Commission. She asked if the Commission wants to require a Certificate of Appropriateness for fences. Mr. Lowry said that if substantial changes are made on any detached structure, a Certificate of Appropriateness should be required. Mr. Killer said that one should be required it the fence is visible from the street. Mr. Morris stated that the Commission may not he able to object to a fence if it meets the regulations for the district. 4 Ms. Evans read the section of the district regulations concerning fences. 1 i i s i e • Minutes Historic Landmark Commission a; December 12, 1988 Page 8 Mr. Miller said that the Commission will only need to review the requests if something is requested that does not meet the regulations. Mr. Mo dis asked if the Commission wants to see new fences or fences that are being repainted a different color. Mr. Lowry drew an example of a Ernce that technically complies with the district regulations but was unsightly and historically inappropriate. Mr. Morris stated that he is receiving the impression +hat the Commission wants to see all changes. Ms. Evans asked the Commission is they wanted to allow accessory buildings in side yards. Mr. Lowry said that accessory buildings In side yards should require a Certificate of Appropriateness but should not be prohibited. I Ms. Evans asked if accessory buildings should be compatible with the main building if they can't be seen from the street. I Mr. Miller asked if the Commission's charter limits their sphere of influence to what can be seen from the street. Ms. Shelt.n asked how something like a greenhouse could be made compatible. Mr. Lowry said that a greenhouse is true to itself. It does not have to be compatible. Mr. Morris said that the Commission can prohibit accessory buildings in side yards altogether. I Mr. Cochran said that the Commission does not wish to totally prohibit them. Ms. Evans stated that the accessory buildings in the side yards should be compatible to the main structure. Mr. Morris nsked if the Commission wanted to take out the prohibition and leave the accessory buildings to the 1 Commission's discretion. 4 Mr. Cochran said yes. i I I G T -0 1 k E Minutes I Historic Landmark Commission Oecember 12, 1988 Page 9 Mr. Lowry pointed out that any building can be seen. Ms. Evans read the definition of accessory structures. Mr. Robbins said that it will be difficult to distinguish between something that is hung on the main structure and an accessory building. Mr. Lowry said that it should be up to the petitioner to demonstrate whether a building can or can't be seen. Mr. Morris stated that he needs to know whether people can build in the back yard and whether it has to be designed to be compatible to the main structure. Mr. Lowry said that there were two houses around TWU that were not granted historic designations because too much remodeling had been done in the back. r Mr. Miller said that may have only been an excuse. Ms. Shelton stated that all accessory buildings should be reviewed by the Commission. Mr, Morris said that the regulations should be clear. Mr. Cochran asked the Commission if they want to depend on fences and trees to hide things. Mr. Lowry said that those things may not be as permanent i as the accessory buildings. Mr. Cochran said that the compatibility requirement could be extended to the back yard. Hr. Morris stated that the standard that the Commission has been using applies to the facade and to what can be seon frog the street. He asked the Commission if they want to have control over what cannot be seen from the street. Mr. Lowry asked if there can be a different standard for corner lots. Mr, Morris said that all accessory buildings could require appproval by the Commission. He asked the Commission if they want the accessory buildings to comply with the regulations if they are not visible from the street. it I 7 + } Miautes Historic Landmark Commission 1 December 11, 1988 Page 10 Mr. Lowry said that if it is proved to the Commissioi. that the accessory building would not be seen from the stree), then the building would not have to comply with the r gulations. M;. Robbins asked if the Commission wants to exclude greenhouses and playhouses from the definition of accessory buildings. Ms. Evans said that they are compatible with the definition. Mr. Robbins said that the definition is broad enough. Mr. Cochran stated that compatible doesn't mean identical. Ms. Evans stated that she has talked with Building Inspections about the reference to brick facades. The regulations are more strict than the Building Code. The Building Code only requires that bricks meet UBC masonry standards. Mr, Lowry said that the intent was to distinguish between masonry, adobe, and tile. j Ms. Evans stated that the Building Code talks about standards of strength, etc, She said that she does not { know where the wordingg about the bricks in the regulations came from. TAis part of the regulations was k written by a former er,ployee. Mr. Miller said that the wording is probably the standard of some type of masonry association. There are some bricks made in Mexico that wouldn't most the standard and that is probably what it is intended to prevent, There needs to be sons wording in the regulations that addresses how much bricks are fired to produce strength. Most of the bricks in Denton are for veneer and strength is not required. The regulations should be as non- restrictive as possible. He said that changing the regulations to make bricks meet the requirements of the Building Code is acceptable. Mr. Barker said that the Commission does not want the Mexican brick that crumbles in the historic district. Mr Miller pointed out that some Mexican brick will meet I 9 Building Code standards. That should be a sufficien requirement. 1 7 r 7' 1 i s kiinutes Historic Landmark. Comnission December 1Z, 1988 Page 11 { Mr. Cochran said that adobe and tile can be prevented in ► other passages of the regulations. Ms. Ev ns said that the regulations require front facade openin s to comply with the style of the district. She said tFFFiiiat it should be changed to require compliancy with the main building. Ms. Evans asked if the section about outdoor lighting should be changed to read that outdoor lighting fixtures that are not visible from the Street do not have to comply. Mr. Cochran asked about tree lighting. Mr. Barker asked if the lighting section would affect security lighting from the City. Mr. Morris said yes. Mr. Cochran asked about the differences between mercury vapor and incandescent lighting. Mr. Barker said that the City rents red security lights on a pole. There is sodium vapor in the yellow lights.' Mr. Robbins said that the sodium vapor lights use loss energy. Ms. Shelton stated that she does not like the idea of regulating what the district looks like at night. Mr. Lowry said that the fixtures need to be re;ulated, not the lights. People need to be secure. Ms. Evans askcd about the height of fences. The Oak-Hickory Re ulations allow them to be taller than the what is allowe~ in the Building Code. The Commission agreed to go with the Building Code standard. Mr. Lowry moved to approve the Oak-Hickory Historic District Regulations as amended. Seconded by Ms. Shelton and unanimously carried (S•0). V. Report from the Brochure Sub-Committee It was coved by Mr. Lowry, seconded by Ms. Shelton and r~ unanimously carried (S•0) to remove the discussion of the brochure from the table. ~ i !I i 1 y, I 20IL-313689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE: AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has 1 received and recommended that the herein doscribed bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the following competitive bids for the construct ono public works or improvements, as described in the "Bid Invitations', "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bits number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9999 McBride Construction Company $100600.00 SECTION 11, That the acceptance and approval of the above compet t vi-57s shall not constitute a contract between the City and the person submitting the bid for construction of such public 1 works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified autos contained therein. i I i t r i } SECTION IV. That upon acceptance and approval of the above compet t ve s and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds ibidaea manner an in the amount as specified in such approved contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immed ate y upon its passage and approval. PASSED AND APPROVED this the day of II 1989. 1 WAY SrtMM9- E` 1 ATTEST: ti 1 I JENNIFER WALTEM,-MT-WIF.Eym APPROVED AS TO LEGAL PORN: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 1 I 1 e R r e r , DATES AUGUST 1, 19$9 CITY COUNCIL F[I'URT TO: Mayor and Vembers of th= City Council FROM: Lloyd V. Harrell, City Managed SUBJECT: DID, 9999 - DEMOLITION & CLEARING OF LOTS (13) RECOIVIENDAT] Ott: We recommend this bid be awarded to the low bidder, McFli A Construction Company, for the demolition of all buildings except item seven for a total of $10,609.00. SUDZIARYs Thin bid was sent to fifteen prospective vendors. We f received five bids as shown on the tabulation sheet. The total 11 bids ranSod from a high of $61,170 to a low of $11,650.00. As we ' noted the wide range of bids, some questions arose. we have checked with the loa: bidder and he is satisfied with his bid and does not see any reason to not complete the job. Mcnride Chas had hestnut previous contracts and completed as bid. Item 7, 927 Street, has sold and the new owner does not want it demolithcd. II BACKGROUND: Tabulation Sheet and Memou From CDBG, Barbara Ross. PROGRAMS, UEPARTMYNTS OR GROUPS AFFECTED: CDBG Programs and The C Citizens of Denton ti i FISCAL IMPACTS There is no additional impact on the General Fund, ' 4yvaa y submitted: ll r Prepared by: J. Ma rshall a e k *rrul sing Agent tie: a Approved: ,ne o 0J. Ma~tihair ^itles Purchasing Agent 014.DOC J 6 h 5 I BIDI 9959 ! i I I I I I I I 110 DEMOLITION 6 OLEAPINS OF LOIS I MLBRIDE I SHAMROCK I SEBASTIAN 1 THE LITTLE I JUSTIN I I CONSTRUCIION I ENTERPRISES I EIC441IN1 ! HELPER I TRANSFER I OPEN 211 P. N., JULY 11, 149 1 CONPAAY ! I I I I ! I I ! 1 ACCOUNT I 2i9•IS2•CD21.4:f2 I I I I I I I I I I I I 1 1 /TY I LIEN DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I 1.....l .........................__....I............... I............... I............... 1............... I................ I ! I I I i I I I V 1 1 1 214 1. PRAIRIE ! 1751.11 I 11,002,11 1 11,415.11 1 114,7/1.11 I 13,345.11 1 2 1 1 2219 N160LAN0 PARK I 1751.11 1 12,515.11 1 12,211.14 1 16,441.11 1 15,454,11 1 4 3! 1 312 AVENUE 0 I 11,351.11 1 12,8!1. 51 1 11,511.11 1 14,781.11 1 129454.11 1 4 1 1 417 ESAN 15HEI IN REARI 1 1451.11 1 1999.51 1 1651.11 1 11,461.11 1 13,491.11 1 ' 5 1 1 515 RUIN I 1451.11 1 12,012.51 1 11,514,41 1 17,7IM1 1 13,439.11 1 6 1 1 417 S. IRADSHAI I 1751.11 1 11,159,11 1 111886.1f I 14,981. 14 1 13,333.11 1 7! 1 427 CHESTNUT STREET I 11,454.11 1 15,241.11 1 11,511.11 I I 67,995.11 1 I I 1 521 RJTH I 1754.11 1 117435,4! 1 11,324.14 1 141584.11 1 14,327.11 1 1 9 1 1 512 PARKWAY 145/.11 1 1025,11 1 11,111.11 1 13,001.11 T 1},447,11 I 111 1 126 ALLEN I 1751.11 1 12,114,11 1 11,211.11 1 114,881.11 1 13,944,14 I 111 1 126 NILSON I 1751.11 1 14,531.11 1 15,325.40 1 117,611.11 1 17,154.11 1 121 1 723 112 NORSE i 1751.11 1 6894.11 1 12,IIV,l4 I INC. 13 1 11,141.11 1 _ 131 1 723 NORSE I 1754144 1 1651,11 I 12,241.14 1 13,911.14 1 $1,141.01 1 141 1 11211. HICKORY 1 1811,11 1 13,262.51 1 12,149.11 1 14,634.14 1 12,999.11 1 151 1 621 MORSE I 1741.18 I 11,495,11 1 11,218.11 1 14,631.18 1 13,437,11 1 161 1 615 S. BRADSHAW ! 1411.11 1 1601.11 1 1111.72 1 110461,11 1 1945.11 1 1 ! i ! 1 1 ! 1 I I TOTAL 1 111,451.11 1 113,493.51 1 124,977.11 1 153,621.11 1 161,171.11 1 1 1 1 1 1 1 1 1 I I 1 I 45 DAYS 1 31 DAYS I I i I I LESS ITEM 1 1 111.151,111! I I I I 1 I I I I I I I 3 I TOiI,L I l1f,6B1.11 ! I I I I 1 I ~ 1 I I f I f I CITY of DENTON CORO Office 1108 West Oak Denton, Texas 76201 (817) SM-94W MEMORANDUM TO. John Marshall, Purchasing Agent FROM: Barbara Ross, Community Development Coordinator PATE. July 14, 1989 r SUBJ.- Demolition Bid 013 I The structure at 927 Chestnut will be deleted from the demolition bid. The property has recently been sold and the new owner does not meet CDBQ Income eligibility requirements. McBride Construction bid $1,050.00 for the demolition of this structure. Subtracting this from the total bid will set the new contract amount at .10,1500.00. Please call me at ext. 8480 if you have questions regarding this matter. Thank you. ~ Barbara Ross I w Cv In7he Amaicm Tadfflon L The Commusil DemlopmentBlocktlrut-• Meet4 needs at home. la the Wnlt am wroudilout the ne hborhooti e1~11t t 1 ~ I II ~ r ti ciry of DENTON Co80 Office 1 Ica Wesl Oak Denlon, Texas )6201 (61 r) 5W 6480 MEMORANDUM DATE: July 12, '.989 TO: John Marshall, Purchasing Agent M FROM: Barbara Ross, Community Development Coordinator SLIBJ: Demolition Bid X13 The Community Development Office would like to accept the bid of McBride Construction in the amount of $11,650.00 on demolition bid 013. If you have questions or need further information please contact me at ext. 8480. Thank you. Barbara Rosa I J lJi I InThe American. Tracff on 'theCosnmunity DevelopmmtEtorJrannt- Yteetlrlg needs st home, to the kul . end throughout the neighborhood. s>I~fe ~i J LJ r low 4 r e ~ • i A Ir1 ' t i FI-El f r i i I I{I I i I t M ~ I I I I ~ E II I I J 2651L-10/3689 NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND LANDMARK COMPANY; FOR A REDUCTION IN THE C014TRACf PRICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 16, lra9, the City awarded a contract for the ` construction of certain improvements to the Senior Center Addition Ih Project; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract and said change order being in compliance with the requirements of Article 2368a, V.A.C.S.; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order reducing the amount of the contract even the City and Landmark Company, in the amount of Sixteen Thousand Two Hundred Eighty Seven and No 100 ($16,287.00), a copy of which is attached hereto, is hereby approved. t SECTION II. That this ordinance shall become effective imme atai to upon it passage and approval. PASSED AND APPROVED this day of , 1989. , RAY STEPHENS, R ATTEST: JENNIFER WALTERS$ CITY SECRETARY ~I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: If i r r ~ t DATE: AUGUST 1, 1989 CITY COUNCIL REPOR,r TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUDJECT: DID# 9979 - SENIOR CENTER EXPANSION CHANGE ORDER #1 - DEDUCT $16,267.00 RECORML'NDATION: We, with the Parks & Recreation Department, recommend this Change Order be approved as presented, making the nee: total $701,585.00. SUMMARY: As you are aware, the total amount set aside for this project was $750,000.00 and $700,000.00 for construction. This Change Order will bring the total construction to $701,585.00 as shown above. This also adds some fur .mcke detection, fire prevention, lighting, painting, etc. BACKGROUND: Change Order 41 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: To bring this construction project in line with the funds available. i FISCAL IMPACT: There is no imunediate impact on the General Fund. E Respect ully submitteds PPI OE IO Harrel City Manager Prepared by: i ' tire; ohxf alldarchalI itle: Purchasing Agent. Approved: ' 1 -me ~lohn J. Marshal itles Purchasing Agent i 019.DOC s I V 1 IE CHANGE OWNER O ` ORDER CONTRACTOR o 1 € A!A D(X:UAIENT G701 FIELD ❑ h OTHER ❑ PROJECT: Senior Center Addition CILkNGE ORDER NUMBEra One (1) (name, address) City of Denton, TX DATE: July 13, 1989 (P.O.#91019) TO CONTRACTOR: Landmark Company ARCHITECT'S PROJECT NO: NPH 8812 (name, address) 2016 W. University Drive CONTRACT DATE: May 16, 1989 Denton, TX 76201 CONTRACT FOR: General Construction The Contract is charged as follows: See attached change order Number 1, It was dated July 13, 1989 r" I I I J i Not valid until signed by Ube Owner, Archltect and Contactor. The ortgwl (COnmtl Sum) (titWiiWJtiulJ0lfIM~tK811t14itftl was s 717, 872.00 Net change by prevkxWy Authoriud Grange orders f 0.00 The(ConinterSum) (GW&Wr XU*AK i€E )prim to this Change Order was.......... s 717,872.00. The (Contracl Sum) ~6Mtli1€Etrb MllMt71(diM ltli~F wsll be (htullWfdtl) (decreased) (titK2f8RWby this Change Order in the arnount of S 0 6, 287.00, The new (Gxuraa Sum) K1er ltiyati a 1tKMa1lMd41t1Nes1) Inducting this Change order wild be ..1 701, 585.00 TheConmctTime will (x(AM2i9kth(UE8rA46)(wutrnged)by (-0- )days. The dare of Subsuntial Completion as of the date of this Change order therefore is 250 calendar days of date of Owner's written "Notice to Proceed". NOTE: This Ka"Ary does not reflect changes in the conuaa Sum. UvItrs,n Time or Guaranteed Maximum price w hkh have been authorised by Cgntnaction Change Directive. lJ Landmark Company ..af.Dpnton ARWITE T CONTRACTOR OW'NE 164 ,~eak 10 2016 W. University Dr. 215 E. Mc Kinney Address Address 75 r ' te' Denton_ TX 76201 D entoo, TX 1 BY BY BY E 7 2 ZD DATE +Y ATE _ DATE AIA 00CMER a~♦--- ORDER • 1987 M110H • ALA* • 01987 • F11f. AMERICAN tNSMM A71 -HITIC3, 1171 NFW V00A AVr.. N.W., WASVINGTON. DC. JXKA 0701-1987 E i >rtttttt~~ w.~ 3 ure s ONE` H I 1 qq 1iC l i t++ l (Al y' Plannnnin ng lnrerion July 13, 1989 CHANGE ORDER NUMBER 1 Project: Senior Center Addition City of Denton, Texas (P.O. Box #191019) Contractor: Landmark Company 2016 W. University Drive ' Denton, TX 76201 Arch. Proj. NPH 8812 The following list of items are to be added to or deducted from the contract sum for the project. 1 IF j No. Description Add/Deduct Amount j 1 1. Substitute Alternate Lighting Control system (same operations as specified). DEDUCT <$500.00> v 2• Substitute Standard Grade Oak for quarter cut Oak D`DUCT <$1,400.00> r 3. Delete Durock and substitute moisture-resistant l Gyp. Board behind areas to receive ceramic tile. DEDUCT <$300.00> 4. Delete ceiling board (type II) Armstrong #f573-A San Serra 24"x24"x314" regular lay-in and substitute 24"x24"x3/4" acoustical tile to I match new ceiling the system as specified. DEDUCT <$900.00> 5. Delete 2 1/2" Sound Attenuation Batts and substitute 2" nol.se carrier bait by Owens Corning. DEDUCT <$300.00> 6. Delete Dust vent Collector System entirely. DEDUCT <$13,000.00> 7. Change the duct liner from 3 lb. density to 1 1/2 lb. density. DEDUCT <$650.00> 8. For standard low pressure OUctwork, use Snap- Look standard galvanized ductwork in lieu of spiral, DEDUCT <$450.00> 9. Substitute red oxide for the grey oxide specified. DEDUCT <$200.00> Norman P. ilairitld Jr., A1A 16479 beRoq Park%k Y Suite 710 {)iIlrie, Taai 73148 12{417!0.7799 I I I 6 ( . Senior Center Addition Change Order No. 1 July 13, 1969 10. Add ceiling mounted smoke detec':)rs with wiring to enunciator board at the reception desk in the following areas: 1 @ Corridor 118 1 @ Game Room 209 1 @ Vendinq Room 114 1 @ Men's Rest Room 111 1 @ Women's Rest Room 110 5 Total required ADD' $2,163.00 if. Add one layer 518" Fire Code Gyp Board to each side of the walls at Wood Shop 122 and Finish Room 125. Gyp Board shall extend to roof deck to achieve a 2 hour rated wall separation. Change Door 124 to a 2 hour ADD $3,650.00 rated door assemble. 12. Reduce the construction contingency from $10,000.00 as specified to $985.00. (Note: $985.00 still remains In the <$9,015.00> DEDUCT 1 I construction contingency amount.) 13. Add Alternate Number 1 (painting) ADD $1,585.00 , 14. Add Da•Lile Boardroom Electrical, electrically operated projection screen in ceiling of Stage 129. ADD $3,030.00 i __~¢coaaeeeeeaeo..c.aaaea= 15. TOTAL Change Order #1 DEDUCT <$16,287.00> ~rs3., s r. Z i N t lg6Landmark Company City of Denton, Texas p P i c - - 1 3}' .,ti~J ~r 1 I I I 1 r t c a Y I II 1 1 I If i II 1 C I I DATE: 8/01/89 ~~T~_CQI~f~CI~ REPQRT_FURMAS TO, Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Human Services Committee RECCQMMENQAlWi : The Human Resources Committee recommends approval. NIA i SUMMARY: On January 12, 1989 the Human Resources Committee held a discussion concerning the changes suggested by Council in the "HRC Policies and Procedures" document. It was suggested that the term "Human Resources" was more appropriate to the personnel function of a business and that a change to Human Services Committee would be consistent with other organizaticns functioning in the same area. The example of the Texas Department of Human Services was mentioned. Committee members agreed to request that they become the Human services committee. PROGRAMS. DEPARTMENTS N% _PR GROUPS AFFECTED_ i FI.~&Al._IMPAS~I,:. N/A 4 Respe ully subs ted: 605 Lloy Y. Harre 1 City Manager P1roired by: Barbara Ross Community Development Coordinator Approved: rank Robbins AICP Executive Director for Planning a Development i I I i 1 2738L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE NAME OF THE HUMAN RESOURCES COMMITTEE TO THE `HUMAN SERVICES COMMITTEE" PROVIDING FOR STAGGERED TERMS OF COMMITTEE MEMBERS; DESIGNATING FUNCTIONS FOR SAID COMMITTEE.; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Human Resources Committee having recommended to the City Council that the name of the Committee be changed to the Human Services Committee; and WHEREAS, the Council wishes to adopt this recommendation; NOW, THEREFORE, THE COUNCIL. OF THE CITY OF DENTON, TEXAS f HEREBY ORDAINS: SECTION I. That Article IV of Chapter 2 "Administration" of the o e o Ordinances of the City of Denton, Texas, is hereby athe Human nd shall Resources as Huthe man change the name to reflect amended Committee to follows: ARTICLE IV. t HUMAN SERVICES COMMITTEE Sec. 2-28. Creation of the Committee. (a) There is hereby created a Human Services Committee to be composed of eleven (11) members appointed by the City Council for two (2) year terms. The committee members shall have staggered terms with six (6) members being appointed during even numbered years and five (5) members being appointed during odd numbered years. At its inception, the City Council shall appoint six (6} members to the ccmmittee for a two (2) year term and five 5 1 members ommitteeo aye be~removedorby a one the year cause c Vacancies shall be filled in the same manner provided for regular appointments. } (b) The City Manager or his designee shall be an ex officio member of the committee. He shall attend all meetings of the committee and shall have the right to discuss any matter that is under consideration by the committee but shall have no vote. (c) Members of the committee shall be citizens of the City of Denton. I 1 I~ I 4 P (d) At the first meeting each year after new members have been sworn in, the committee shall select from its own membership a chairman, vice-chairman and secretary. Any five of the regularly appointed members shall constitute a quorum. The committee shall determine its own rules and order of business, and shall meet as necessary. All meetings shall be open to the public and a permanent record of proceedings maintained. Sec. 2-29. Duties of the Human Services Committee. (a) It shall be the duty of the committee to act in an advisory capacity to the City Council and to assist in the coordination of all human services agencies with authority to hold public hearings and to study and recommend policies relating to the promotion, planning, research, and related matters involving human service relations and human services delivery in the City of Denton. (b) To interact with community groups in order to bring about improvements in the human service delivery system and provide a forum which promotes better communication' and coordination among the agencies, (c) To serve in an advisory capacity and encourage continuing in-depth evaluation of the effectiveness of the social service delivery system in Denton, and (d) To recommend to the City Council actions for implementation that would improve human services in the City of Denton. SECTION II. That if any section, subsection, paragraph, sentence, clause, person or circumstances 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. PART III. That this ordinance shall become effective immediately after its passage. PASSED and APPROVED this the day of , 1989. RAY STM 5, RAYOR PAGE 2 1 l[ I 1 ATTEST: JENNIFER WITERTI-CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCW, CITY ATTORNEY 7 BY: III I I It i i I I J i J 1 PAGE 3 i1 J r 6 'e 1 1 r 1 I I I 1 ~ V V I V V V rr'~ I V V f J 1 I ICJ , . ? 7401, NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT WITH RUBEN AND MARY GONZALES; I.ND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Compromise Settlement and Release Agreement between the City of Denton and Ruben and Mary Gonzales, providing for the settlement and compromise of the claim now pending between the parties is approved in accordance with its terms, and the City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement. 1 SECTION II. That this ordinance shall become effective immediately -upon its passage and approval. PASSED AND APPROVED this the day of , 1989, C E PLAY STEPHENSj MAYOR I ATTEST: i i JENNIFER WALTERS, CITY SEMETM APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: _ /pLC/}~ fZ1 i![ I I I 1 I 1 THE STATE OF TEXAS § COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIM COUNTY OF DENTON § For and in consideration of the sum of Ten Thousand, Five Hundred Dollars ($10,500.04) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, Ruben Gonzales and Mary Gonzales do hereby release, acquit and forever discharge the City of Denton, Texas and all other persons, firms or corporations, whether named herein or not, his agents, employees, family members and insurers, all and each of them, of and from any and all actions, causes of action, claims (including subrogation claims), and demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of any and all personal injuries, pain and suffering, grief, bereavement, loss of consortium and companionship, mental anguish, loss of earning capacity and property damage, whether known or I unknown and whether heretofore asserted or not, resulting or to result from the collision which occurred on or about March 18, 1989, we do hereby agree to indemnify and save harmless the said City of Denton, Texas of and fr3m all further claims, including subrogation claims, demands, costs or expense arising out of the injuries and damages sustained by them as a result of said incident. The undersigned understand and agree that the amount paid under this agreement is in full satisfaction for all damages arising on account of the above described incident and that she will receive no further sums of money. The undersigned agree to not assert or prosecute any further claims or lawsuits therefore against anyone whomsoever, whether or not herein or otherwise named, described or identified. Any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released. It is expressly understood and agreed that Ruben Gonzales and Mary Gonzales have already paid or will pay out of the aforementioned sum of Ten Thousand, Five Hundred Dollars ($10,500.00) all medical, doctors' and hospital charges received f in the past or to be incurred in the future and that they will defend, indemnify and hold harmless the said City of Denton, Texas and all other persons, firms or corporations, of and from any claims for such charges, especially with reference to any liens under the Texas Hospital Lien Law. I I THE STATE OF TEXAS § COMPROMISE SETTLEMENT COUNTY OF DENTON § A-RELEASE OF ALL CLAIMS For and in consideration of the sum of Ten Thousand, Five Hundred Dollars ($10,500.00) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, Ruben ' Gonzales and Mary Gonzales do hereby release, acquit and forever discharge the City of Denton; Texas and all other persons, firms or corporations, whether named herein or not, his agents, employees, family members and insurers, all and each of them, of and from any and all actions, causes of action, claims (including subrogation claims), and demands, damages, costs, loss of services, j expenses and compensation on account of or in any way growing out 1 of any and all personal injuries, pain and suffering, grief, bereavement, loss of consortium and companionship, mental anguish, loss of earning capacity and property damage, whether known or unknown and whether heretofore asserted or not, resulting or to result from the collision which occurred on or about March 18, 1989, we do hereby agree to indemnify and save harmless the said City of Denton, Texas of and from all further claims, including subrogation claims, demands, costs or expense arising out of the injuries and damages sustained by them as a result of said i incident. The undersigned understand and agree that the amount paid under this agreement is in full satisfaction for all damages arising on account of the above described incident and that she w),ll receive no further sums of money. The undersigned agree to not assert or prosecute any further claims or lawsuits therefore against anyone whomsoever, whether or not herein or otherwise named, described or identified. Any and all claims against parties not cpeoifically released herein, if any, are hereby assigned in full to the parties hereby released. It is expressly understood and agreed that Ruben Gonzales and Mary Gonzales have already paid or will pay out of the aforementioned sum of Ten Thousand, Five Hundred Dollars ($10,500.00) all medical, doctors' and hospital charges received j in the past or to be incurred in the future and that they will defend, indemnify and hold harmless the said City of Denton, Texas and all other persons, firms or corporations, of and from any I claims for such charges, especially with reference to any liens under the Texas Hospital Lien Law. i I I 1 I C f I I a I I I RUBEN GONZALES Page Two It iti expressly warranted by Ruben Gonzales and Mary Gonzales that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of any person or parties released to their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefore; that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim for which liability is expressly denied. This document contains the entire agreement of the parties hereto. The provisions of this release are contractual and not more recitals. WITNESS my hand this day of , 1989. { Ruben Gonzales I Mary Gonzales I Lloyd V. Harrell I THE STATE OF TEXAS § f COUNTY OF DENTON § Thin instrument was acknowledged before me by Ruben Gonzales and Mary Gonzales on this the day of _ 1989. j Notary Public, State of Texas My commission Expires: 'I i, f 1 1 1, { I M I I I I I I I ' C' I I l 414 4141 -11 4- 4 -4 4 4 1 I IN . • ~ ll:aa:. pf. S{ S i' 3 4 CITY OI DENTON J 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DAI'E: August 1, 1989 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: AUDIT ENGAGEMENT FOR 1988-89 The, Finance Department is submitting to Council an agenda item f%,r approval of Deloitte Haskins & Sells audit engagement for the year ending 9/3J/89. The mayor has worked with the firm and has negotiated the fee and terms. Staff recommends approval of the engagement. t An c rane j 7 i JFMcG:af i 4692F i l f 2744L NO. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE, HASKINS, AND SELLS AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 309 1989, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas de--srres to appoint Deloitte, Haskins and Sells as the j auditors for the City of Denton, Texas for the fiscal year ending September 30, 1989. SECTION II. That Deloitte, Haskins and Sells is hereby designate as the auditing firm for the City of Denton, Texas for I the fiscal year ending September 30, 1989 in accordance with the terms and provisions of Lhe commitment letter of Deloitte, Haskins and Sells dated June 27, 1989, and the conditions set forth in the Proposal to Provide Professional Services, copies of which are attached hereto and made a part hereof for all purposes. SECTION III. That this ordinance shall become effective I lmme3iate y upon its passage and approval. { PASSED AND APPROVED this the day of 1989. II { ATTEST: lip JENNIFER WALTERS, ITT CR APPROVED AS TO LEGAL FORM: DEBRA AD,AMI DRAYOVITCH, CITY ATTORNEY i ~ ZL~--- BY: i 1 T-K I Deloitte t` Haskins-~-Seils 801 Cherry Street, Suite 2340 Fort Worth. Texas 76102-6801 18171 336.2531 Metro 654.2777 Cable DEHANDS The Honorable Ray Stepheas June 27, 1989 and Members of the City Council City of Denton 215 E. McKinney Street Denton, Texas 76201 3 Dear Mayor Stephens and Council Memberas This letter will confirm our understanding of the arrangements covering our audit of the financial statements of City of Denton ("City") for the year ending September 30, 1989. We will audit the City's general purpose financial statements for the year ending September 30, 1989. Our audit will be made in accordance with geaeral:y accepted auditing staridards and the provisions of 3overnment Auditing Standards, promulgated by the U. S. Comptroller General, as t ey pertain to financial audits. Accordingly, the audit will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objectives of our audit are to express an opinion on the financial statements of the City, as well as render a report on compliance of the City with the terse and requirements of certain Federal laws. Our procedures will include, among others, tests of documentary evidence supporting the transactions recorded in the accounts, tests of talc receipts and related assessment rolls, and direct confirmation of receivables, grant receipts and certain other assets and liabilities by correspondence with selected taxpayers, creditors, legal counsel and banks. At the conclusion of our examination, we will request certain written representations from you about the financial statements and matters related thereto. Before commencing our audit, we would be pleased to meet with you to review and discuss the scope of our audit procedures in more detail. 1 1 J r I The Honorable Stay Stephens 2 and Members of the City Council June 219 1989 The fair presentation of financial position and results of operations in conformity with generally accepted accounting principles is management's responsibility. Management is responsible for the development, implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. Although we may advise you about appropriate accounting of a management. princiles and pp lication are iresponsibilities the selection i of Our engagement is subject to the inherent risk that material errors, irregularities or illegal acts, including fraud or de,:alcatione, if they exist, will not be detected. , However, we will inform you of any such matters that come to { our attention. Fees for our services are based on per diem rates, plus out-of-pocket expenses, all of which will be billed as our work progresses. Our maximum fee for this engagement is $35,100. Should an increase in the scope of our services i be required, we would provide you with a change in our fee prior to commencing the work. i During the course of our engagement, we may observe opportunities for economy in or imptoved controls over your operations. We will bring such matters to the attention of the appropriate level of management la writing. If you intend to publish or otherwise reproduce the financial statements and make reference to our Firm, you our aree review provide us with printer*' proofs o masters for approval beforo printing. You also agree to provide us with a copy of the final reproduced materiel for our approval before it is distributed. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to us. { i i rt i The Honorable Ray Stephens M and Members of the City Council June 270 1989 g We appreciate your confidence in your appointment of us as your certified public accountants and look forward to f working with you an; your staff. II Youra very truly, George A. Scott Partner r Approved By Date i II i i i I I I Y w APPENDIX A OUR SERVICE PLAN Scope of the Audit The primary obiective of our service plan will be to audit the city of Denton s financial statements in order to determine that we presented. on our of your the requirements fairly 0 Audit the accordancewithcgenerally statements aauditing nstandards. in f reports to all required rwith procedures necessary a Perform a Perform other audits or reviews as requested, after submitting a separate proposal and proposod fea for approval by City management. At the conclusion of each year's audit, Deofithe following Sells will provide or assist in the preparation documents: 0 Comprehensive Annual Financial Report. j 0 A ~oparate management letter reporting on the adequacy of the City's system of internal control (20 copies). i 0 A report on compliance with the requirements of the Single Audit Act (20 copies). e Copies of all work papery requested by the finance Department. Advance Plannin and Transition Considerations In all our a~~M ann ng, we stress n v uOurZextensiveiadvanceuplanning client a needs and requirements. allows us ample time to coordinate our ex apapers-)andwitaff ur personnel and to request appropriate worklort. We oads of wthe ill Cima in sensitive at all times to the current , we will use the 11 ~d schedules the City staff routinely prepares for the otnLren e audit~. When we determine that efficiencies can be made in advanceiso thatstherewwilldbecnoslast minutessurprises,well in i I •1- 1 t 4 y u Our oxperience has been that in succeeding years we can reduce tie niim or of a,cii_oauTes~re`parsd-b our c an[ a eaff~ We Tully o~ xpeuE thiso be EFie case w e y o enIEon as it has barn with our many other governmental clients. Our Audit Approach For many years, Deloittee llaskins b Sells ha4 led the accounting techniquos. Theeng innAdvanced ovationq, included auditing uded concepts, has andprofession s audit approach known as AuditSCOPEI are designed to deal with reduce control r tthe i complexities of quality auditing standards, This unified system allows us to provide all of our clients, regardless of sien, the benefits of 17 1 our most advanced techniques. AuditSCOPE includes such advanced approaches p and techniques as: sting s correlatingatpe oresultsewithsthegextentnof detail lteand necessary. e Advanced statistical techniques which incorporate f predetermined reliability and precision levels. a Computer audit programs which speed selection and evaluation of Sample items. a Standardized audit work programs for each account group and special industry audit programs, Constructive Service A r~ oach we take an objective, business appr~ooen auTft services so that we can be an effective resource to your management. Our audit team will keep your objectives in mind and will be alert for ways in which we can assist you in optimizing the -effectiveness of your operations. While performing the audits, we will develop constructive practio.al suggestions on opportunities for improving internal controls and accounting procedures as wall as for stren thening overall management controls. We combine our technical expertise with business insight and specialized knowledge in each of your areas of n eration. Thus, we can assist you in strengthening your financial structure. This constructive service approach is an integral part of our audit and does not involve any special studies. Xn most cases, it to a natural by-product of our audit procedures assigning areas n in which industry they eta working,ie most experienced relevant tol the whose audit functional -2- `t 4 1 ti 1 r ro ' Year-Hound Service is t~h~y Timely communication of Triforma on aE-m`ay a~ Not your operations is ono of the most important services we offer. Our work plan, outlined below, includes provisions to communicate with your personnel. We are available to mf,et, when needed, with members of the City Council to discuss our progress and to keep them apprised of our progress so that problems can be avoided. We are also available throughout the yoar. Frequent and individualized communications with each of our governmental clients is an important part of our ongoing support program. In addition, wo will contact you when new developments affect your operations. Advapced Auditing Techttigues Our approach to Audit service for the City of Denton will emphasize and take advantage of advanced auditing concepts to increase the efficiency and coat effectiveness of our services. Uso of Personal Computers At Doloitte Haskins h Sells we rely FRTensl`'a use-of microcomputers to perform many routine tasks. Personal computers ("PCIs") promote audit efficiencies and we use them extensively on our audit engagements to prepare schedules, to make complex calculations and to analyze account fluctuations. The PC is particularly useful to prepare trial balances and summarize report groupings. All of our management and staff routinely use PC's and are trained on Lotus 1-2-3 software. We make extensive use of portable PC's at client locations to speed the audit process. We will make available to the City the Lotus __Tem latex we Biel-0p 9 use on the F'y s au E. "'By me ri g our~pTates Fps Oble to you, we fee=s t we can increase the efficiency of the City staff in routine matters and in preparing for each year's audit. Audit Sampling Statistical parameters are asseutial for Uxi-rcls n ri=gid control over the quantity and scope of audit tests. Our Audit Sampling Plan is recognized as the most efficient and effective application of statis~icsl methods in auditing becAuse, unlike traditional judgment samples where esmple reliability tends to varyy from application to f pication our sampling plan is based on redetermined { M iabi.lity~and precision levels. Therefore, the sample size is directly proportionate to the materlalit of individual items and degree of internal accounting control. -3- J 1 p t i 4 Our Approach_to EDP Auditing We have developed an objective approach and related program to determine the audit features of internal controls which are unique to electronic data processing systems. The features of this program are directed to all computer a lications of accounting significance including, but not limited to, adequate procedural documentation, input and output controls$ security controls and emergency procedures, This program specifios procedures for the study and evaluation of internal accounting controls. It is completed for each significant accounting a plication (e.g., revenues, cash receipts purchases, cash disbursements, payroll accounts receivable, goneral ledger, etc.) during the early stages of our ' field work, The program focuses on the evaluation of those accounting controls oil which wo plan to place reliance or which are of importance to management. The following EDP control objectives are comprehended in the program: e Controls should provide reasonable assurance that accounting application programs or systems are initially dsaigned and ` implemented to process in accordance with management's i general or specific authorizations, j e Controls should provide reasonable assurance that changes to programs are made only with proper management authorization and that, upon implementation of the changes, tits programs continue to process in cccordance with managements general or specific authorizations, e Controls should provide reasonable assurance that all l authorized data, and only authorized data, is correctly I entered into the EDP system. e Controls should provide reasonable assurance that authorized data, once entered into the system, is protected from unauthorized deletion or modification. e Controls should provide reasonable assurance that intended EDP output is delivered intact to the authorized users only. e Controls should provide reasonable assurance that the EDP hardware and support software (e.g., operating systems and I data base systems) are functioning properly. Proposed Work Plan To assist the City of Denton in preparing for our audit we are { committed to meat all timing and report deadlines stipulated by City Council and management. -b - l a } I 90'd 10101. Professional Fees Professional Fees Our profesetonal foe will be based on the aetuual Tfmi r©quTrad to Mole our examinations at hourly rates based on the experience Mole of thin professionals serving the City of Denton, We estimate our maximum fee for the year ending September 30, 1989 will be $35 700 including the printing cost to prepare the annual financial report. This fee estimate is based on Approximately 1,000 staff hours excluding start-up time. Our fees for subsequent years would remain at this level except for increases based on the percentage increase in the National Consumer Price Index, The fee quoted is an estimate and under the Rules of - Professtonal Conduct an accounting firm cannot be bound to provide services for an estimated amount if our independence would be impaired. however, we do not render a fee estimate without serious consideration and deliberation, A schedule of the billing rates for each classification of personnel assigned to the engagement is as followst Rate Estimated Per Hour Hours 1 ~ i ` Partners $120 50 Managers 80 85 Senior accountants 45 315 11 Staff accountants 30 550 o w t ear start u kingly, w III not charge you fo g-faQ d expenses irectjy-z*t4 o t e change in certified publl-c-Itruucsting I Our reputation as a quality professional firm is our most J valuable asset. We will never compromise the quality of our work in order to complete a job within the number of hours estimated. You can bin sure that we will do as much work as is necessary in our professional ,judgmunt to determine that our reports are well documented and responsive to your needs. I i -S- ~ J 4 n 1 I I I i I i I I - - rr low ~ t. i August 1, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER RESOLUTION AUTHORIZING THE LIQUIDATION AND DISSOLUTION OF UPPER TRINITY MUNICIPAL WATER AUTHORITY (UTMWA), RECOMPiENDATION: The Staff recommends approval of subject resolution. SUMMARY/BACKGROUND: On March 1, 1988, the Cities of Denton and Lewisville, by concurrent ordinances, created the Upper Trinity Municipal Water Authority for the intended purpose of beginning the work of a regional water entity, as had been recommended by the County Wide Regional Water/ Wastewater Study, and to serve on an interim basis until a State legislative authorized regional h ; water district could be created, ! With the passage of the regional water district legislation and subsequent ` creation of the Upper Trinity Regional Water District (UTRWD) on June 22, j 1989, the Upper Trinity Municipal Water Authority has fullfilled it's I purpose, and therefore may be dissolved. As per sections included in the Regional Districts enabling legislation, all contractual obligations and assets of UTMWA will be transferred to the UTRWD. This resolution and the supporting documents of the UTRWD and UTMWA were prepared by John Boyle, Attorney with the firm of Hutchison, Boyle, Brooks and Fisher, and have been reviewed by the City Attorney, The UTRWD, UTMWA and the City of Lewisville have all approved their respective resolutions, FISCAL IMPACT: No fiscal impact on Denton. I~ PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i ~ City of Denton, City of Lewisville, Upper Trinity Municipal Water I Authority and Upper Trinity Regicnai Water District. pectfuliy s bmltied y a r , Manager Preper. d by: R' E Nee son, xecut ve rec br Department of Utilities Exhibit I Resolutions 6450U:4 i J r Ir low 1 1 1 ' l OFFICE OF THE CITY ATTORNEY MEMORANDUM TOt R. E. Nelson, Executive Director for Utilities FROMI Debra Adami Drayovitch SUBJECTi Documents for Liquidation ority solution of the Upper Trinity municipal Water Auth DATE1 July 24, 1989 Pursuant t your request prepared by July John Boyle of Hutchison# Boyle, following documents Brooks and Fishers (1) Resolution of Authority, (2) Resolution of District, (3) Assignment and Assumption Agreement, ' (4) Resolution of the City Ordinance, (5) Resolution of the City of Lewisville. 2 have no legal comments with regard to these instruments, trusting that John Boyle has taken care of any legal problems. However, a number of blanks appear on the assignment and assumption agreement, specifically in sub. sections (iii), (iv) and (ix) of section 1. Those should copy should be filed with thee Re solution in the office executed of the City Secretary. Debra A. Drayov tch DADSlah xoi Lloyd V. Harrell, City Manager 69-364 I I f z CITY OF DENTON, TEXAS RESOLUTION NO. A RESOLUTION OV THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE LIQUIDATION AND DISSOLUTION 01' UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. (THE" CORPORATION"); APPROVING A PLAN OF DI67RIBUTION OF THE ASSETS OF THE CORPORATION) APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE CORPORATION AND UPPER TRINITY REGIONAL WATER DISTRICT (THE "DISTRICT") AND AUTHORIZING AND APPROVING THE TRANSFER OF ALL OF THE FUNDS AND PROPERTY OF THE CORPORATION TO THE DISTRICT IN ACCORDANCE WITH SAID PLAN OF DISTRIBUTION AND ASSIGNMENT AND ASSUMPTION AGREEMENT. WHEREAS, pursuant to Interlocal Agreement dated March 1, , 1988 among the City of Denton, Texas (the "City") and the City of Lewisville, Texas the Corporation was formed under the Texas Non-Profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and f wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the "Participants") and any other participating political subdivisio»; WHEREAS, pursuant to H.B. 3112, as passed and enacted by the 1989 Texas Legislature (the "Act") the District has been created by the Legislature of the State of Texas; I VniEREAS, the District is authorized by the Act to succeed to and assume all of the rights, privileges, duties and responsibilities. including contractual obligations, of the Corporation; I dissolve Ein gaccordanceowitha a i Plan desires to liquidate and called) of its assets in the form of Exhibit A attached hereto and incoporsted herein by reference; WHEREAS, pursuant to the Act, the Corporation desires, subject to the prior authorisation and approval of the Participants, to assign and transfer all of its funds and property to the District upon the assumption by the District of a accordance with the ll of tho liabilities and obligations of the District, all in Assumption Agreement Plan Diotcalled)nbetween hAsnment and es Corporation I and the District in the form attached as Annex Ii to the Plan } of Distribution; WHEREAS, upon dissolution of the Corporation the I I ~ tr low Participants are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporation) the dWHEREASsolutiotnhe City desires hereby to authorize and approve assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District in accordance with the Plan of Distribution sad the Assignment and Assumption Agreement) KW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AS FOLLOWSi declaredC to be trueh and foregoing herand eby recitals correct and preamble incorporated into this Resolution, &ECTION 2 The City hereby approves the liquidation and dissolution of the Corporation in accordance with the Plan of Distribution and the Assignment and Assumption Agreement. SECTION 3, The City hereby authorizes and approves the transfer, assignment and distribution to the District of all of the City's rights and interests in all of the assets, funds and property of the Corporation of any kind, reel, mixed, including contracts, contract rights and pconrsonal or t actual responsibilitiesdinciall rihter dent thereto (thei"CorporationuAssets") and accordance with the Plan of Distribution and the Assignment and Assumption Agreement. B=LQA ay The Mayor and City Manager of the City are each hereby authorized and empowered, on behalf and in the name of the City, to execute end deliver any and all documents and instruments, and to do and perform any and all acts and things ae either of them deems necessary or appropriate, to carry out the purposes of this Resolution and to evidence the City's authorization and approval of the transfer of the Corporate Assets to the District by the Corporation, PASSED AND APPROVED this day of 1959. Mayor, city of Denton, Tezas I ~I i 016QX _2 w. 1 i 3 ATTEST: Secretary, City of Denton, Texaa Approved as to forms City Attorney i I l III I I I i I 046OX .3_ 1 1 J t 5 I Y J t 1 Exhibit A Plan of Distribution Upper Trinity Municipal Water Authority, Inc, (the "Corporation") 1, The Corporation shall cease to conduct its acfairs except insofar as may be necessary for the winding up thereof, 2. Notice of dissolution of the Corporation shall be sent to creditors and claimants of the Corporation as required by law, 3. The debts and obligations of the Corporation listed on Annex I attached hereto shall be paid in full, r~ 4. Pursuant to an Assignment and Assumption Agreement in the form of Annex II, attached hereto, and incorporated herein by reference, all remaining aaseta, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract Og hts and contractual obligations, and all rights, privileges, duties and responsibilities incident thereto shall be transferred and assigned to Upper Trinity Regional Water District (the "District") upon and subject to the District's agreement to pay, perform and discharge all of the liabilities, debts, obligations, righter privileges, duties and responsibilities of the Corporation, I, i II 046OX -4- 1 i Annex I Debts to be paid prior to dissolution: 1 j i i I 046OX -6- 1 1 WIN T-W Annex II ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement made and entered into this day of 1989 between Upper Trinity Municipal Water Authority, Inc., a Texas non-profit corporation, (the 'Corporation") and Upper Trinity Regional Water District, a political subdivision of the State of Texas (the "District"). W I T N E S S E T H WHEREAS, the Corporation was formed under the Texas Non-Profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the "Cities") and any other participating political subdivision; 1 WHEREAS, pursuant to H,B, 3112, as passed and enacted by the 1969 Texas Legislature (the "Act") the Upper Trinity Regional Water District (the 'District") has been created by I the Legislature of the State of Texas: WHEREAS, the District is authorized by the Act to succeed to and assume all of the rights, privileges, duties and responsibilities, including contractual obligations, of the Corporations i WHEREAS, the Corporation desires to liquidate and I dissolve and, in furtherance thereof, to transfer all of its funds and properties to the District as contemplated by the Acts WHEREAS, upon dissolution of the Corporation the Cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and I claims of the Corporation; WHEREAS, the Cities have authorized and approved the dissolution of the Corporation and the transfer and assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District upon and in accordance with the terms and conditions set forth in this Assignment and Assumption Agreement= NOW THEREFORE, for the consideration above specified the receipt and sufficiency of which is expressly acknowledged the Corporation and the District do hereby covenant, contract and agree as follows: 1. The Corporation has GRANTED, CONVEYED, SOLD, TRANSFERRED ,►SET-OVER AND DELIVERED, and by these presents does ' I f oa6ox i i III I + I s Y u A hereby GRANT, CONVEY, SELL, TRANSFER, SET-OVER and DELIVER unto the District all of the assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto, including, without limitations, the following: (i) All fixed assets, inventory and personal property of the Corporation; (ii) That certain Interlocal Agreement, dated as of (larch 1, 1988, between the Cities , as approved, accepted and agreed by the Corporation on May 120 1988, including all of the Corporation's rights and interests in and to the Program, as defined and described therein; (iii) That certain Regional Wastewater Treatment System Participating ;.cmber Contra` (Little Elm Project - SE), dated , 1969, between the Authority and the City of Little Elm, Texas, including all of she Corporation's rights and interests in and to the System, as defined and described therein; (iv) Contract for professional engineering services between the Corporation and Eapsy, Huston S Associates, Inc., dated _ 1 (v) Contract for legal services between the Corporation and Hutchison Boyle Brooks & Fisher, dated May 11, 1988; (vi) Contract for financial advisory services between the Corporation and First Southwest Company, dated May 12, 1988; (vii) Contract for personal services between the Corporation and Thomas E. Taylor, dated May 1, 19691 (viii) Letter Agreement between the Corporation end' The City of the Colony, Texas, dated April 4, 1989; (ix) All funds, bank accounts, certificates of deposit, investments and securities, including without limitation, funds in the amount of $ on deposit in the name of the Corporation at First State Bank of Denton; (x) All studies, reports, plans, designs, and concepts, all engineering, professional, financial and technical data and all work in progress developed in respect of the Program and the System, including all such items developed under, pursuant to or in furtherance of any of the contracts and contract rights assignod hereby; 046OX I 1 J 4 u (xi) All files, documents, books, records, other than the corporate books, records and seal of the Corporation; (xii) All insurance, insurance policies, warranties, guaranties and performance obligations issued to, held by or benefiting the Corporation; (xiii) All rights, claims, choses in action, and causes of action, whether known or unknown, Choate or inchoate; (xiv) All trade marks, trade names, service marks and proprietary information; and (xv) All accounts, accounts receivable and rights to receive or enforce the payment or collection of monies; to have and to hold, all and singular, unto the District ~r 1 forever. The Corporation does hereby bind itself to WARRANT and FOREVER DEFEND title to the foregoing property unto the District, against the lawful claims and demands of all persons. 2. From time to time on and after the date hereof, at the request of the District, the Corporation will execute and deliver to the District such other instruments of conveyance and transfer and take such other action as the District may reasonably require more effectively to convey, transfer to and vest in the District, and to put the district in possession of, any of the rights, properties or assets conveyed, transferred and delivered to the District hereunder. 3. The District hereby assumes and agrees to pay, perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation in respect of the rights, properties and assets conveyed, transferred and delivered to it pursuant hereto. 4. This Assignment and Assumption Agreement constitutes the entire agreement between the Corporation and the District pertaining to the properties and rights assigned herein and supersedes all prior and contemporaneous agreements and understandings of the Corporation and the District in connection therewith. No covenant, representation or condition not expressed herein shall be binding upon the Corporation or the District or shall affect or be effective to interpret, change or restrict the provisions of this Assignment and Assumption Agreement. 5. This Assignment and Assumption Agreement and the provisions herein contained shall be binding upon and inure to the benefit of the Corporation and the District and their respective successors and assigns. 4 ' I I 0460X -8- 1 I ~ 116 1 N..:. EXECUTED on the day and y year first met forth above, effective for all purposes on and as of such date. UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. By: Name: Title: UPPER TRINITY REGIONAL WATER DISTRICT By. Name Title: i ' i i i i ~ I •'a i i i 1 fr 0460X I s 1 UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC, RESOLUTION NO, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. (THE "CORPORATION") AUTHORIZING THE LIQUIDATION AND DISSOLUTION OF THE CORPORATION) ADOPTING A PLAN OF DISTRIBUTION OF THE ASSETS OF THE CORPORATION) AND PROVIDING FOR AUTHORIZATION AND APPROVAL BY THE CITIES OF DENTON, TEXAS AND LEWISVILLE, TEXAS. WHEREAS, the Corporation was formed under the Texas Non-Profit Corporation Act for the purpose of establishing, r--~ developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the "Cities") and any other participating political subdivision) WHEREAS, pursuant to H.B. 3112, as i passed and enacted by the 1989 Texas Legislature (the "Act") the Upper Trinity Regional Water District (the "District") will be created by the Legislature of the State of Texas upon signature of the Act by the Governor; WHEREAS, the District will be authorized by the Act to succeed to and assume all of the rights, privileges, duties and responsibilities, including contractual obligations, of the Corporation; WHEREAS, the Corporation desires to liquidate and dissolve and, in furtherance thereof, to transfer all of its funds and properties to the District as contemplated by the Act; WHEREAS, upon dissolution of the Corporation the Cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporation; WHEREAS, it is contemplated that the Cities will authorize and approve the dissolution of the Corporation and the transfer and assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District in accordance with the Plan of Distribution of the Corporation set forth as Exhibit A to these Resolutions; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS E OF THE CORPORATION AS FOLLOWS; 1. Upon end subject to creation of the District and the j prior approval of the Cities, as hereafter providedt 0456X i I 1 l ~ ~Y 0 A. The Corporation shall be liquidated and dissolved and all of its assets, funds and property of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, p (the rivileges, duties and responsibilities incident thereto distributed pin ta.cordance Assets") the shall be of applied (herein so called) attached hereto as Exhibit A and incorporated herein by reference. B. The Plan of Distribution is hereb a adopted by the Corporation, y PProved and 2. The approval by the Cities of the dissolution of the Corporation shall be evidenced by duly adopted Resolutions of the respective City Councils of each of the Cities pursuant to which: A. The Plan of Distribution, and the liquidation and , dissolution of the Corporation in accordance therewith, are approved; and 1 B. The Cities authorize and approve and distribution of all of e respective rights and interests in the funds and property of the Corporation Assets to the District in accordance with the { Plan of Distribution. f 3. The form of Assignment and Assumption Agreement (herein so called) attached as Annex II to the Plan of Distribution, and the transfer of the Corporation Assets to the District, as therein provided, upon assumption by the District of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation, as therein provided, are hereby authorized and approved. 4. The officers of the Corporation are hereby authorized, empowered and directed to do such acts and take such steps as may be necessary or appropriate to carry these Resolutions into effect, including but not limited to the execution and delivery, on behalf of and in the name of the Corporation, of the Assignment and Assumption Agreement and any and all such other documents and instruments as may be required to transfer and vest title to the Corporation Assets in the District. S and . As soon as the Corporation Assets have been transferred Distribution~e the to Asthe signment l and iAssu Assumption Agreement h a dl these resolutions, the officers of the Corporation are authorized, empowered and directed to execute Articles of Dissolution j pursuant to, and in conformity with, the Texas Non-Profit Corporation Act, and to cause such Articles of Dissolution to f be filed in the office of the Secretary of State of the State of Tezas, anb to do all other things necessary or convenient to 04568 -2- T-W y 1 t a. r,a . i y 1 V 1 d 1 a r,' 1 the dissolution of the Corporation. PASSED AND APPROVED this day of June, 1989, President of the Corporation ATTEST: Secretary of the Corporation f I ~ , E I i i I I F i E i Oi56X -3- 1 I t; q T exhibit -A Plan of Distribution Upper Trinity Municipal Water Authority, Inc. (the "Corporation") 1. The Corporation shall cease to conduct its affairs except insofar as may be necessary for the winding up thereof. 2. Notice of dissolution of the Corporation shall be sent to creditors and claimants of the Corporation as required by law. 3. The debts and obligations of the Corporation listed on Annex I attached hereto shall be paid in full. 4. Pursuant to an Assignment and Assumption Agreement in the form of Annex II, attached hereto, and incorporated 3 herein by reference, all remaining assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations, and all rights, privileges, duties and responsibilities incident thereto shall be transferred and assigned to Upper Trinity Regional Water District (the "District") upon and subject to the District's agreement to pay, perform and discharge all of the liabilitiea, debts, obligations, rights, privileges, duties and responsibilities of the Corporation. I I I I 4456X .4- I l I Y r Annex I I Outstanding debts to be paid prior to dissolution' NONE. t f I f { 1 I~ { f , 0456X 1 J Annex II ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement made and entered into this day of , 1989 between Upper Trinity Municipal Water Authority, Inc., a Taxas non-profit corporation, (the "Corporation") and Upper Trinity Regional Water District, a political subdivision of the State of Texas (the "District"). W I T N E S S E T H WHEREAS, the Corporation was formed under the Texas Non-Profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the "Cities") and any other participating political subdivision; I 1 WHEREAS, pursuant to H.B. 3112, as passed and enacted by the 1989 Texas Legislature (the "Act") the Upper Trinity Regional Water District (the "District") has been created by the Legislature of the State of Texas; i 1 WHEREAS, the District is authorized by the Act to succeed to and assume all of the rights, privileges, duties and responsibilities, including contractual obligations, of the Corporation; j dissolve E and, in the Corporation desres to liquidate and funds and properties to the District as contemplated by the Act; WHEREAS, upon dissolution of the Corporation the Cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporation; WHEREAS, the Cities have authorized and approved the dissolution of the Corporation and the transfer and assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District upon and in accordance with the terms and conditions set forth in this Assignment and Assumption Agreement; NOW THEREFORE, eor the consideration above specified the receipt and sufficiency of which is expressly acknowledged; the Corporation and the District do hereby covenant, contract and j agree as follows: f 1. ,The Corporation has GRANTED, CONVEYED, SOLD, TRANSFERRED, SET-OVER AND DELIVERED, and by these presents does I, 0456X -6- i k I ' I hereby GRANT, CONVEY, SELL, TRANSFER, SET-OVER and DELIVER unto h the District all of the assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto, including, without limitations, the following: (i) All fixed assets, inventory and personal property of the Corporation) (ii) That certain Interlocal Agreement, dated as of March 1, 1988, between the Cities , as approved, accepted and agreed by the Corporation on May 12, 1988, including all of the Corporation's rights and interests in and to the Program, as defined and described therein; Participating (iii That certain Regional Wastewater Treatment SySE)stem dated , 19890 between the Authority and the r City of Little Elm, Texas, including all of the Corporation's rights and interests in and to the System, as defined and described therein; E (iv) Contract for professional engineering services { between the Corporation and Espey, Huston S Associates, Inc ,p dated = I (v) Contract for legal services between the f Corporation and Hutchison Boyle Brooks 6 Fisher, dated May Ile 1988; (vi) Contract for financial advisory services between the Corporation and First Southwest Company, dated May 12, 1988; (vii) Contract for personal services between the Corporation and Thomas E. Taylor, dated May 1, 1989; (viii) Letter Agreement between the Corporation and The City of the Colony, Texas, dated April 4, 1989; (ix) All funds, bank accounts, certificates of deposit, investments and securities, including without limitation, funds in the amount of $ on deposit in the name of the Corporation at First State Bank of Denton; (x) All studies, reports, plans, designs, and concepts, all engineering, professional, financial and technical date and all work in progress developed in respect of the Program and the System, including all such items developed under, pursuart to or in furtherance of any of the contracts and contract rights assigned hereby; 0456X -7- I i r hereby GRANT, CONVEY, SELL, TRANSFER, SET-OVER and DELIVER unto the District all of the assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto, including, without limitations, the following; (i) All fixed assets, inventory and personal property of the Corporation; (ii) That certain Interlocal Agreement, dated as of March 1, 19880 between the Cities , as approved, accepted and agreed by the Corporation on May 12, 1988, including all of the Corporation's rights and interests in and to the Program, as defined and described therein; (iii) That certain Regional Wastewater Treatment System Participating Member Contract (Little Elm Project - SE), dated , 1989, between the Authority and the City of Little Elm, Texas, including all of the Corporation's rights and interests in and to the System, V as defined and described therein; i ' (iv) Contract for professional engineering services j between the Corporation and Espey, Huston & Associates, Inc., dated ; 1 j (v) Contract for legal services between the Corporation rind Hutchison Boyle Brooks & Fisher, dated May 11, 1988; (vi) Contract for financial advisory services between the Corporation and First Southwest Company, dated May 12, 1988; (vii) Contract for personal services between the Corporation and Thomas E. Taylor, dated May 1, 1989; (viii) Letter Agreement between the Corporation and The City of the Colony, Texas, dated April 4, 19891 (ix) All funds, bank accounts, certificates of deposit, investments and securities, including without limitation, funds in the amount of on deposit in the name of the Corporation at First State Bank of Denton; (x) All studies, reports, plans, designs, and concepts, all engineering, professional, financial and technical data and all work in progress developed in respect of the program and the System, including all such items developed under, pursuant to or in furtherance of any of the contracts and contract rights assigned hereby; j 0456X -7- i 1 t (xi) All files, documents, books, records, other than the corporate books, records and seal of the Corporation; (xii) All insurance, insurance policies, warranties, guaranties and performance obligations issued to, held by or benefiting the Corporation; (xiii) All rights, claims, choses in action, and causes of action, whether known or unknown, choate or inchoate; (xiv) All trade marks, trade names, service marks and proprietary information; and (xv) All accounts, accounts receivable and rights to receive or enforce the payment or collection of monies; to have and to hold, all and singular, unto the District forever. The Corporation does hereby bind itself to WARRANT and FOREVER DEFEND title to the foregoing property unto the District, against the lawful claims and demands of all persons. i 2. From time to time on and after the date hereof, at the request of the District, the Corporation will execute and deliver to the District such other instruments of conveyance and transfer and take such other action as the District may reasonably require more effectively to convey, transfer to and vest in the District, and to put the district in possession of, any of the rights, properties or assets conveyed, transferred and delivered to the District hereunder. € 3. The District hereby assumes and agrees to pay, perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation in respect of the rights, properties and assets conveyed, transferred and delivered to it pursuant hereto. 6. This Assignment and Assumption Agreement constitutes the entire agreement between the Corporation and the District pertaining to the properties and rights assigned herein and supersedes all prior and contemporaneous agreements and understandings of the Corporation and the District in connection therewith. No covenant, representation or condition not expressed herein shall be binding upon the Corporation or the District or shall affect or be effective to interpret, change or restrict the provisions of this Assignment and Assumption Agreement. 5. This Assignment and Assumption Agreement and the provisions herein contained shall be binding upon and inure to the benefit of the Corporation and the District and their respective successors and assigns. 0466X f + I ~ F low t `r f E EXECUTED on the day and year first set forth above, effective for all purposes on and as of such date. UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. By., Nume: Titles UPPER TRINITY REGIONAL WATER DISTRICT By: a Names Title: t f G I i I I 0456X r I t A UPPER TRINITY REGIONAL WATER DISTRICT ` RESOLUTION NO. F A RESOLUTION OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT (THE "DISTRICT") AUTHORIZING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT WITH UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. WHEREAS, Upper Trinity Municipal Water Authority, Inc. (the "Corporation") was formed under the Texas Non-Profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the 'Cities") and any other participating political subdivision! WHEREAS, pursuent to H.B. 3112, as passed and enacted by the 1989 Texas Legislature (the "Act") the District has been h created by the Legislature of the State of Taxes; WHEREAS, the District is authorized by the Act to succeed E to and assume all of the rights, privileges, duties and responsibilities, including contractual obligations, of the Corporation; WHEREAS, the Corporation desires to liquidate and dissolve and, in furtherance thereof, to transfer all of its funds and propertiRS to the District as contemplated by the Actj WHEREAS, upon dissolution of the Corporation the Cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporation= WHEREAS, it is contemplated that the Cities will authorize and approve the dissolution of the Corporation and the transfer and assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District, after payment of certain debts, in accordance with an Assignment and Assumption Agreement (herein so called) between the District and the Corporation, as set j - forth as Exhibit A to these Resolutions; NOW RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT AS FOLLOWS I I j 1. The Assignment and Assumption Agreement and the transfer I of all of the Corporation's assets, funds and property of any kind, real, opersonal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto (the "Corporation Y X t Assets") to the District, as therein provided, upon assumption by the District of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation, as therein provided, are hereby authorized and approved, 2. Upon and subject to the prior approval of the Cities, as hereafter provided, the officers of the District are hereby authorized, empowered and directed to d.) such acts and take such steps as may be necessary or appropriate to carry these Resolutions into effect, including but not limited to the execution, delivery and performance, on behalf of and in the name of the District, of the Assignment and Assumption Agreement and any and all such other documents and instruments as may be required to transfer and vest title to the Corporation Assets in the District. 3. The approval by the Cities of the dissolution of the r~ Corporation shall bo evidenced by duly adopted Resolutions of the respective City Councils of each of the Cities pursuant to which: A. The Plan of Distribution, and the liquidation and dissolution of the Corporation in accordance therewith, are approved; and a B. The Cities authorize and approve thn transfer, assignment and distribution of all of their rospective I rights and interests in the Corporation Assets to the I District, PASSED AND APPROVED this day of June, 1989. President of the District ATTEST; III Secretary of the District 0459X -2- I e k C y ~ r Exhibit A Plan of Distribution Upper Trinity Municipal Water Authority, Inc, (the "Corporation") 1. The Corporation shell cease to conduct its affairs except insofar as may be necessary for the winding up thereof, 2. Notice of dissolution of the Corporation shall be sent to creditors and claimants of the Corporation as required ` by law. T~ 3. The debts and obligations of the Corporation listed on Annex I attached hereto shall be paid in full. { 4. Pursuant to an Assignment and Assunption Agreement in the form of Annex II, attached hereto, and incorporated herein by reference, all remaining assets, funds and of the Corporation of any kind, reel property coor nkixedo including contracts, contract rights personal ntractual obligations, and all rights, privileges, duties and responsibilities incident thereto shall be transferred and assigned "to Upper Trinity Regional Water District (the District ) upon and subject to the District's agreement to pay perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation, II I ~ I I 0459X -3- ~ I M r i F e~ Anne: I I Debts to be paid prior to dissolution: I I' { i h i I I I ' I I 0459X _4_ I 1 I Y ~w i ' rr low r I I i` Annex II ASSIGNMENT AND ASSUMPTION AGREEMENT h This Assignment and Assumption Agreement made and entered into this day of , 1989 between Upper Trinity J I Municipal Water Authority, Inc., a Texas non-profit 1 corporation, (the "Corporation") and Upper Trinity Regional Water District, a political subdivision of the State of Texas (the "District"). W I T N E S S E T H WHEREAS, the Corporation was formed under the Texas Non-Profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the "Cities") and any other participating political subdivision; , WHEREAS, pursuant to H,B. 3112, as passed and enacted by the 1989 Texas Legislature (the "Act") the Upper Trinity I Regional Water District (the "District") has been created by the Legislature of the State of Texasi WHEREAS, the District is authorized by the Act to succeed ! to and assume all of the rights, privileges, duties and responsibilities, including contractual obligations, of the v Corporation) WHEREAS, the Corporation desires to liquidate and dissolve and, in furtherance thereof, to transfer all of its funds and properties to the District as contemplated by the Act) WHEREAS, upon dissolution of the Corporation the Cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporations WHEREAS, the Cities have authorized snd approved the dissolution of the Corporation and the transfer and adaignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District upon and in accordance with the terms and conditions set forth in this Assignment and Assumption Agreement; NOW THEREFORE, for the consideration above specified the } receipt and sufficiency of which is expressly acknowledged the Corporation and the District do hereby covenant, contract and agree as followai 1. The corporation has GRANTED, CONVEYED, SOLD, TRANSFERRED,,SET-OVER AND DELIVERED, and by these presents does 0459X i I i ti 44 hereby GRANT, CONVEY, SELL, TRANSFER, SET-OVER and DELIVER unto the District all of the assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto, including, without limitations, the followings (i) All fixed assets, inventory and personal property of the Corporation) (ii) That certain Interlocal Agreement, dated as of March 1, 1988s between the Cities , as approved, accepted and agreed by the Corporation on May 12, 1988, including all of the Corporation's rights and interests in and to the Program, as defined and described therein; (iii) That certain Regional Wastewater Treatment System Participating Member Contract (Little Elm Project - SE), dated , 1989, between the Authority and the City of Little Elm, Texas, including all of the Corporation's rights and interests in and to the System, as defined and described therein! (iv) Contract for professional engineering services between the Corporation and Espey, Huston & Associates, Inc., dated (v) Contract for legal services between the Corporation and Hutchison Boyle Brooks 6 Fisher, dated May 11, 1988; (vi) Contract for financial advisory services between the Corporation and First Southwest Company, dated May 12, 1989; (vii) Contract for personal services between the Corporation and Thomas E, Taylor, dated May 1, 1989; (viii) Letter Agreement between the Corporation and The J City of the Colony, Texas, detect April 4, 1989; (ix) All funds, bank accounts, certificates of deposit, investments and securities, including without limitation, funds in the amount of on deposit in the name of the Corporation at First State Bank of Denton; (x) All studies, reports, plane, designs, and concepta, all engineering, professional, financial and technical data and all work in progress developed in respect of the Program and the System, including all such items developed under, pursuant to or in furtherance of any of the contracts and contract rights assigned hereby; I ~ 0499X -6- I 1 r I (xi) All files, documents, books, records, other than the corporate books, records and seal of the Corporation; (xii) All insurance, insurance policies, warranties, guaranties and performance obligations issued to, held by or benefiting the Corporation; (xiii) All rights, claims, choses in action, and causes of action, whether known or unknown, choate or inchoate; (xiv) All trade marks, trade names, service marks and proprietary information; and (xv) All accounts, accounts receivable and rights to receive or enforce the payment or collection of monies; to have and to hold, all and singular, unto the District forever. The Corporation does hereby bind itself to WARRANT and FOREVER DEFEND title to the foregoing property unt.) the District, against tho lawful claims and demands of all persons. 2. From time to time on and after the date hereof, at the request of the District, the Corporation will execute and deliver to the District such other instruments of conveyance f and transfer and take such other action as the District may reasonably require more effectively to convey, transfer to and vest in the District, and to put the district in possession of, any of the rights, properties or assets conveyed, transferred and delivered to the District hereunder. 3. The District hereby assumes and agrees to pay, perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation in respect of the rights, properties and assets conveyed, transferred and delivered to it pursuant hereto. 1. This Assignment and Assumption Agreement constitutes the entire agreement between the Corporation and the District pertaining to the properties and rights assigned herein and supersedes all prior and contemporaneous agreements and understandings of the Corporation and the District in connection therewith, No covenant, representation or condition not expressed herein shall be binding upon the Corporation or the District or shall effect or be effective to interpret, change or restrict the provisions of this Assignment and Assumption Agreement, --1 5. This Assignment and Assumption Agreement and the provisions herein contained shall be binding upon and inure to i the benefit of the Corporation and the District and their j + respective successors and assigns, r 0459X j _7_ j J i A EXECUTED on the day and year first set forth above, effective for all purposes on and as of such date. UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. By: Name:_ Title:_ UPPER TRINITY REGIONAL WATER DISTRICT By: Name: _ Title: { I j i i 0459X -S- i + j V V 1 CITY OF LEWISVILLE, TEXAS RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I LEWISVILLE, TEXAS AUTHORIZING THE LIQUIDATION AND DISSOLUTION OF UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. (THE` CORPORATION"); APPROVING A PLAN OF DISTRIBUTION OF THE ASSETS OF THE CORPORATION; APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE CORPORATION AND UPPER TRINITY REGIONAL WATER DISTRICT (THE "DISTRICT") AND AUTHORIZING AND APPROVING THE TRANSFER OF ALL OF THE FUNDS AND PROPERTY OF THE CORPORATION TO THE DISTRICT IN ACCORDANCE WITH SAID PLAN OF DISTRIBUTION AND ASSIGNMENT AND ASSUMPTION AGREEMENT, WHEREAS, pursuant to Interlocal Agreement dated March 1, 1988 among the City of Lewisville, Texas (the 'City") and the City of Denton, Texas the Corporation was formed under the Texas lion-Profit Corporation Act for the purpose of establishing, developing and administering a supply and wastewater treatment and discharge regional water benefit of the Cities of Lewisville, Texas andr Denton, Texas (the subdivisionicipants") and any other participating political WHEREAS the 1989 Texas pursegiusalntatutroe (the 3 Act )o passed and enacted been created b/ the Legislature of the Statef the D Texas~trict has been WHEREAS, the District is authorized by the Act to succeed to ansibassu es,alincof the rights, privilegesi duties and Corporation; iti g contractual obligatons, of the WHEREAS, the Corporation desires to liquidate and called)eOfnIts cassetseInithe form of ExhibitiAuattached (herein and incoporated herein by reference; {I WHEREAS, pursuant to subject to the the Act, the Corporation desires, Partici ants prior authorization and approval of the pants I to assign and transfer all of its funds and property to the District upon the assumption by the District of f j all of the liabilities and obligations of the District, all in accordance with the Plan of Distribution and an Assignment and Assumption Agreement (herein so called) between the Corporation and the District in the form attached as Annex iI to the Plan I of Distribution; E` WHEREAS; upon dissolution of the Corporation the ` 1 i I iI ik 1 r. L `de Participants are entitled to distribution of all funds and the Coporationsatisfaction or provision property the claims Corporation, for the debts and WHEREAS, the City desires hereby to authorize and approve the dissolution of the Corporation and the transfer and assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District in accordance with the Plan of Distribution and the Assignment and Assumption Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS AS FOLLOWS: SECTION 1. The foregoing preamble and recitals are declared to be true and correct and are hereby incorporated into this Resolution. cZLjjQ 2. The City hereby approves the liquidation and dissolution of the Corporation in accordance with the Plan of Distribution and the Assignment and Assumption Agreement. ,ICTION 3. The City hereby authorizes and approves the transfer, assignment and distribution to the District of all of the City's rights and interests in all of the assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties, and responsibilities incident thereto (the "Corporation Assets") in accordance with the Plan of Distribution and the Assignment and { Assumption Agreement. $$CTION a. The Mayor and City Manager of the City are each hereby authorized and empowered, on behalf and in the name } of the City, to execute and deliver any and all documents and instruments, and to do and perform any and all acts and things as either of them deems necessary or appropriate, to carry out the purposes of this Resolution and to evidence the City's authorization and approval of the transfer of the Corporate Assets to the District by the Corporation. PASSED AND APPROVED this day of r 1989. ` Mayor, City of Lewisville, Texas I ~ I I i 0461X _2_ 1 IJ ~i ATTEST: Secretary, City of Lewisville, Texas Approved as to form: City Attorney ~r1 I I ~I L , 1 I I J 0461X -3- F low 1 I Exhibit A Plan of Distribution Upper Trinity Municipal Water Authority, Inc. (the "Corporation") 1. The Corporation shall cease to conduct its affairs except insofar as may be necessary for the winding up thereof. 2. Notice of dissolution of the Corporation shall be sent to creditors and claimants of the Corporation as required by law. 3. The debts and obligations of the Corporation , listed on Annex I attached hereto shall be paid in full. 4. Pursuant to an Assignment and Assumption Agreement in the form of Annex II, attached hereto, and incorporated herein by reference, all remaining assets, funds and property of the Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations, and all rights, privileges, duties and responsibilities incident thereto shall be transferred and assigned to Upper Trinity Regional Water District (the "District") upon and subject to the District's agreement to pay, perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation. 0461X _4_ i I t 1 Annex I f: ~i Debts to be paid prior to dissolution: i h I i I ~ i h i ' I 0461X -S- J s t q Annex II ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement made and entered into this day of 1989 between Upper Trinity Municipal water Authority, Inc., a Texas non-profit corporation, (the "Corporation") and Upper Trinity Regional Water District, a political subdivision of the State of Texas (the "District"). w I T N E S S E T H WHEREAS, the Corporation was formed under the Texas Non-profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the "Cities") and any other participating political subdivision; WHEREAS, pursuant to H.S. 3112, as passed and enacted by the 1989 Texas Legislature (the "Act") the Upper Trinity Regional Water District (the "District") has been created by the Legislature of the State of Texas; WHEREAS, the District is authorized by the Act to succeed to and assume all of the rights, privileges, duties and responsibilities, including contractual obligations, of the ° Corporation; I 1 WHEREAS, the Corporation desires to liquidate and dissolve and, in furtherance thereof, to transfer all of its funds and properties to the District as contemplated by the Act; WHEREAS, upon dissolution of the Corporation the Cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporation; WHEREAS, the Cities have authorized and approved the dissolution of the Corporation and the transfer and assignment of all of their respective rights and interests in and to the funds and property of the Corporation to the District upon and in accordance with the terms and conditions set forth in this Assignment and Assumption Agreement; NOW THEREFORE, for the consideration above specified the 3 receipt and sufficiency of which is expressly acknowledged; the Corporation and the District do hereby covenant, contract and agree as follows: 1. The Corporation has GRANTED, CONVEYED, SOLD, TRANSFERRED► SET-OVER AND DELIVERED, and by these presents does 04b1X -6- i I T-W hereby GRANT, CONVEY, SELL, TRANSFER, SET-OVER and DELIVER unto the District all of the assets, funds and property of the Corporation of any kind, real, personal or mired, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto, including, without limitations, the following: (i) All fixed assets, inventory and personal property of the Corporation; (ii) That certain Interlocal Agreement, dated as of March 1, 1988, between the Cities , as approved, accepted and agreed by the Corporation on May 12, 1988, including all of the Corporation's rights and interests in and to the Program, as defined and described therein; (iii) That certain Regional Wastewater Treatment System Participating Member Contract (Little Elm Project - SE), dated , 1989, between the Authority and the City of Little Elm, Texas, including all of the Corporation's rights and interests in and to the System, as defined and described therein; (iv) Contract for professional engineering services between the Corporation and Espey, Huston & Associates, Inc., dated (v) Contract for legal services between the Corporation and Hutchison Boyle Brooks & Fisher, dated May 11, 1988; i (vi) Contract for financial advisory services between the Corporation and First Southwest Company, dated May 12, 1986; (vii) Contract for personal services between the Corporation and Thomas E. Taylor, dated May 1, 1989; (viii) Letter Agreement between the Corporation and The City of the Colony, Texas, dated April 4, 1989; (ix) All funds, bank accounts, certificates of deposit, investments and securities, including without limitation, funds in the amount of : on deposit in the name of the Corporation at First State Bank of Denton; (x) All studies, reports, plans, designs, and concepts, all engineering, professional, financial and technical data and all work in progress developed in I respect of the Program and the System, including all such items developed under, pursuant to or in furtherance of ~I any of the contracts and contract rights assigned hereby; 10 0461X -7- h (zi) All files, documents, books, records, other than the corporate books, records and seal of the Corporation; (xii) All insurance, insurance policies, warranties, guaranties and performance obligations issued to, held by or benefiting the Corporation; (xiii) All rights, claims, in action, and causes of ; whether known or unknown, choate or inchoate (xiv) All trade marks, trade names, service marks and proprietary information; and F (xv) All accounts, accounts receivable and rights to receive or enforce the payment or collection of monies; to have and to hold, all and singular, unto the District ' forever. The Corporation does hereby bind itself to WARRANT and FOREVER DEFEND title to the foregoing property unto the District, against the lawful claims and demands of all persons. 2. From time to time on and after the date hereof, at the request of the District, the Corporation will execute and deliver to the District such other instruments of conveyance and transfer and take such other action as the District may reasonably require more effectively to convey, transfer to and vest in the District, and to put the district in possession of, any of the rights, properties or assets conveyed, transferred and delivered to the District hereunder. 3. The District hereby assumes and agrees to pay, perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation in respect of the rights, properties and assets conveyed, transferred and delivered to it pursuant hereto. 4. This Assignment and Assumption Agreement constitutes the assiand gned h herein District and properties the and Corporation to e the between entire pertaininagreement supersedes all prior and contemporaneous agreements and understandings of the Corporation and the District in connection therewith. No covenant, representation or condition not expressed the District or r si .,haafE affect binding or be effect ve top interpr tr change or restrict a provisions of this Assignment and Assumption Agreement. 1 5. This Assignment and Assumption Agreement and the provisions the gnieupon tri t d and inure their Corporation be binding benefitof herein the contained respective successors and assigns. E 0401X 1 i i + J 3 EXECUTED on the day and year first sat forth above, effective for all purposes on and as of such date. UPPER TRINITY MUNICIPAL WATER AUTHORITY. INC. By. Name; Title: UPPER TRINITY REGIONAL WATER DISTRICT 1 By: Name: Title: I i f I I ! i r 0461X _9_ I I+ { 1 - `T f r I I ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement made and entered into this day of 1989 between Upper Trinity Municipal Water Authority, Inc., a Texas non-profit corporation, (the 'Corporation') and Upper Trinity Regional Water District, a political subdivision of the State of Texas (the "District'). W I T N E S S E T H WHEREAS, the Corporation was formed under the Texas Non-profit Corporation Act for the purpose of establishing, developing and administering a regional water supply and wastewater treatment and discharge program for the benefit of the Cities of Denton, Texas and Lewisville, Texas (the h\ "Cities") and any other participating political subdivision; , WHEREAS, pursuant to H.B. 31120 as passed and enacted by the 1989 Texas Legislature (the 'Act") the Upper Trinity Regional Water District (the "District") has been created by the Legislature of the State of Texas; WHEREAS, the District is authorized by the Act to succeed to and assume aall of corights, ntractual obligations, of the Corporation; WHEREAS, the Corporation desires to liquidate and dissolve and, in furtherance thereof, to transfer all of its funds and properties to the District as contemplated by the Act; WHEREAS, upon dissolution of the Corporation the cities are entitled to distribution of all funds and property of the Corporation, after satisfaction or provision for the debts and claims of the Corporation; WHEREAS, the Cities have authorized and approved the dissolution of the Corporation and the transfer and assignment funds lanof their d property sofc thee Corights and rporation to tthesDistrict upon and in accordance with the terms and conditions set forth in this Assignment and Assumption Agreement; NOW THEREFORE, for the consideration above specified the receipt and sufficiency of which is expressly acknowledged; the ' Corporation and the District do hereby covenant, contract and agree as follows; 1, The Corporation has GRANTED, CONVEYED, SOLD, I TRA1SFERRED0 SET-OVER AND DELIVERED, and by these presents does o unto heGNTo reby COVEY, all of SELL, the asTRANSFERr sets, funds SET-OVER and property DELIVER the Dis the I I Corporation of any kind, real, personal or mixed, including contracts, contract rights and contractual obligations and all rights, privileges, duties and responsibilities incident thereto, including, without limitations, the following: (i) All fixed assets, inventory and personal property of the Corporation; (ii) That certain Interlocal Agreement, dated as of , March 1, 1988, between the Cities , as approved, accepted and agreed by the Corporation on May 12, 19880 including all of the Corporation's rights end interests in and to the Program, as defined and described therein; (iii) That certain Regional Wastewater Treatment System Participating Member Contract (Little Elm Project - SE), dated , 1989, between the Authority and the City of Little Elm, Texas, including all of the , Corporation's rights and interests in and to the System, as defined and described therein; (iv) Contract for professional engineering services between the Corporation and Espey, Huston & Associates, Inc., dated (v) Contract for legal services between the Corporation and Hutchison Boyle Brooks & Fisher, dated may 11, 1986; (vi) Contract for financial advisory services between the Corporation and First Southwest Company, dated May 12, 19881 (vii) Contract for personal services between the Corporation and Thomas E. Taylor, dated May 1, 1989; t (viii) Letter Agreement between the Corporation and The City of the Colony, Texas, dated April 4, 19891 (ix) All funds, bank accounts, certificates of deposit, investments and securities, including without limitation, funds in the amount of $ _ on deposit in ' the name of the Corporation at First State Bank of Denton; (x) All studies, reports, plans, designs, and concepts, all engineering, professional, financial and technical data and all work in progress developed in respect of the program and the System, including all such items developed under, pursuant to or in furtherance of any of the contracts and contract rights assigned hereby; (xi) All files, documents, books, records, other than { 0462X .2- J i T T~W the corporate books, records and seal of the Corporation; (xii) All insurance, insurance policies, warranties, guaranties and performance obligations issued to, held by or benefiting the Corporation; (xiii) All rights, claims, choses in action, and causes of action, whether known or unknown, choate or inchoate; (xiv) All trade marks, trade names, service marks and proprietary information; and (xv) All accounts, accounts receivable and rights to receive or enforce the payment or collection of monies; to have and to hold, all and singular, unto the District forever. The Corporation does hereby bind itself to WARRANT ' and FOREVER DEFEND title to the foregoing property unto the District, against the lawful claims and demands of all persons. 2. From time to time on and after the date hereof, at the request of the District, the Corporation will execute and deliver to the District such other instruments of conveyance and transfer and take such other action as the District may reasonably require more effectively to convey, transfer to and vest in the District, and to put the district in possession of, any of the rights, properties or assets conveyed, transferred and delivered to the District hereunder. 3. The District hereby assumes and agrees to pay, perform and discharge all of the liabilities, debts, obligations, rights, privileges, duties and responsibilities of the Corporation in respect of the rights, properties and assets conveyed, transferred and delivered to it pursuant hereto. 4. This Assignment and Assumption Agreement constitutes the entire agreement between the Corporation and the District pertaining to the properties and rights assigned herein and supersedes all prior and contemporaneous agreements and understandings of the Corporation and the District in connection therewith. No covenant, representation or condition not expressed herein shall be binding upon the Corporation or the District or shell affect or be effective to interpret, change or restrict the provisions of this Assignment and Assumption Agreement. 5. This Assignment and Assumption Agreement and tL, provisions herein contained shall be binding upon and inure to the benefit of the Corporation and the District and their j respective successors and assigns. I 0462X -3- J 1 1 , F EXECUTED on the day and year first set forth above, effective for all purposes on and as of such date. UPPER TRINITY MUNICIPAL WATER AUTHORITYs INC. I € By: Name: Title: UPPER TRINITY REGIONAL WATER DISTRICT By: Name: Title: - i I j fY~ I i 0462X -4- I i UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. ARTICLES OF DISSOLUTION Pursuant to the provisions of Article 6.05 of the Texas Non-Profit Corporation Act, the undersigned corporation adopts the following Articles of Dissolution for the purpose of dissolving the corporation: 1. The name of the corporation is Upper Trinity Municipal Water Authority, Inc. 2. A resolution to dissolve was adopted in the following manner; A resolution to disolve was adopted at a meeting of the board of directors held on June , 1989, and received the vote of a majority of the directors in office, there being no members having voting rights in respect thereof. 3. All debts, obligations and liabilities of the corporation have been paid and discharged or adequate provision has been made thereof. 4. All remaining property and assets of the corporation have been transferred, conveyed or distributed in accordance with the provisions of the Texas Non-Profit Corporation Act. ~ k 5. There are no suits pending against the corporation E in any court. E EXECUTED this day of 1989. UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC. 8y! Its: an Authorized Officer I r 0458X I f ~f Yrj~ LEI= f~ 1 - 1 August 1, 1969 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER RESOLUTION REGARDING LETTER OF INTENT BY THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE TO SELL ELECTRIC POWER AND ENERGY TO THE CITY OF COLLEGE STATION, RECOMMENDATION: The Public Utilities Board recommended to the City Council approval of subject Resolution and Letter of Intent. SUMMARY/BACKGROUND: The City of College Station, who presently purchases wholesale electricity from Gulf States Utilities, Co., has invited the TMPA Cities to submit a proposal to sell College Station power and k energy. Preliminary discussions between the representatives of the TMPA Cities and College Station have been held and it has been determined that the Cities have excess power and energy available until 1996 that could be sold to College Station, College Station's present wholesale power contract expires at the end of 1991, therefore, they will need to either renew their present wholesale contract, enter into a contract with the feur TMPA Cities, or seek some other supply of power and energy, College Station has also expressed a strong interest in becoming either a member of TMPA or a partner in TMPA's next generation unit, i which is anticipated for 1996 or 1997. College Station desires an expression of support from the City Councils of the four TMPA Cities to proceed with a sale of power and energy, and have, therefore, requested the attached Letter of Intent. + Although all details of such a sale or perhaps a future College Station participation in TMPA are not totally worked out at this time, there is sufficient information to indicate that such an arrangement would be beneficial to the four Cities, including Denton. The four Cities would plan to develop a demand and energy rate that would have the effect of providing power and energy to College Station at the same average rate as the Cities are paying for power and energy from the combined sources of Gibbons Creek and the variable costs of the Cities combined gas generation. The recommendation by the Public Utilitie;. Board was contingent on an amendment to the Letter of Intent. The PUB felt that the sentence they deleted implied an intent by Denton to participate in the next TMPA project and they are not yet ready to imply such intent. This change should have no effect on the principles of the Letter of I Intent. Approval of the original letter of Intent by the other Cities should not affect the unity of the four Cities intent to sell power and energy to College Station or our willingness to have them as a partner in a future project, if such a project is developed. 7 r City Council Page 2 FISCAL IMPACT: o Undetermined proceeds from the sale of surplus capacity. o Economies of scale and enhanced efficiencies of operation of TMPA's Gibbons Creek Generating Unit, PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Garland, Bryan, Greenville, College Station and TMPA. spectfylly mitt d 4 4 oy a rre , Manager I Prepared by, Nelson, Executive Director -v Department of Utilities l Exhibit I Resolution 11 Proposed Letter of Intent l it r I I I ~ I V 64SOU:12-13 1 I Ir low f r DRAFT O RESOLUTION A RESOLUTION AUTHORIZING A PROPOSAL TO THE CITY OF COLLEGE STATION, TEXAS, OFFERING THE SALE OF POWER AND ENERGY BY THE CITY OF DENTONI TOGETHER WITH THE CITIES OF BRYAN, GARLAND AND GREENVILLE, BEGINNING IN 1992, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton, together with the Cities of Bryan, Garland and Greenville collectively have excess reserves of electric generating capacity; and WHEREAS, the sale of these excess reserves can produce additional revenue which will benefit the electric customers of the City of Denton; IT 15, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1 That the City Council hereby elects, along with the Cities of Bryan, Garland and Greenville, to tender to the City of College Station a MO W, offering the sale of power and energy, beginning January 1, 11 and that the Mayor is hereby authorized to execute a letter of intent to that effect, attached hereto and made a part hereof. j Section 2 That this Resolution shall become effective immediately from and after its adoption, and it is so ORDERED. i PASSED AND APPROVED this day of 1989. i RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERSo CITY SECRETARY CITY OF DENTON, TEXAS I i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i By. 645OU:20 F 1W S 1r I M LETTER OF INTENT BY THE CITIES OF BRYAN, DENTON, GARLAND AND GREENYILLE TO SELL ELECTRIC POWER AND ENERGY TO THE CITY OF COLLEGE STATION The City of College Station has been actively soliciting proposals for power and energy for contract years beginning in 1992. College.. Station is presently the total requirements customer of Gulf States Utilities. r~ The Cities of Bryan, Denton, Garland and Greenville make up a joint action agency, the Texas Municipal Power Agency (TMPA). The Cities j have enough capacity end energy to serve the total requirements of College Station through the year 1995, - - - - 1t-tiY -lac. i The Cities pledge by this Letter of Intent to make available all necessary capacity owned by them, and that this capacity has not been comited to any other entity. • The Cities also strongly support the joint participation of College Station with TWA in future generating projects, The Cities propose to sell electric power and energy at the rate shown in the attached Exhibit "A". i 4 t Letter of Intent Page 2 City of Bryan, Texas Mayor Attest: Approved as to Legal form: i:ify~ecre ary City Attorney City of Denton, Texas ~ III Mayor Attest: Approved as to Legal form: City Secretary City Attorney City of Garland, Texas Mayor Attest: Approved as to legal form: City Secretary City orney City of Greenville, Texas ayor - Attest: fI Approved as to Legal form: I City Secretary City Attorney I 6459U:17-18 I i it r I I I 04 li f l i I `C 1 kl f 1 2742L J i RESOLUTION NO. A RESOLUTION AUTHORIZING THE CONDEMNATION OF 0.1393 ACRES OF LAND LOCATED WITHIN THE ROBERT BFAUMONT SURVEY AT THE CORNER OF BONNIE BRAE AND EMERY STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR CERTAIN DRAINAGE IMPROVEMENTc; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has determined that it is necessary to acquire the easement described herein in order to make certain drainage improvements; and WHEREAS, the City of Denton has been unable to agree with the owners of the real property upon the value of the easement to be acquired; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City At~orney of the City of Denton is author zzed and directed to bring condemnation proceedings to obtain a drainage easement in the property described in Exhibit "A", attached hereto and incorporated herein by reference. SECTION II. That this resolution shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of , 1989. RAY S E , MAYOR ATTEST: E ER WALTEKS9 CITY SECRETARY APPROVED AS TO LEGAL FORM: ! DEBRA ADAM DRAYOVITCH, CITY ATTORNEY BY: kOA44A nd~:Lrz~4 E 1 1 t i 9. 1114&4411 lllf4lW-f44jl I 1 j I I III I 1i I ! ' V II • 1 f 4 1 I! I I 1 1 }t 1 • 1 4 DATE ; /07/ 20/ 89 CITY COUNCIL REPGRT FORMAT Tv; Mayor and Members of the City Council [[[[YYYY FROM: Lloyd V. Harrell, City Manager SUBJECT: AIRPORT LEASE AGREEMENT FOR ROBERT PENLEY RECOMMENDATION; i It is the recommendation of the Airport Advisory Board to approve the Airport Lease Agreement by and between the City of Denton and Robert Penley. SUMMARY This is a standard airport lease for 0.69 acres of lad located on the south end of the airport adjacent to Runway J. Robert plans to build a 100 foot by 10D foot hangar, related aircraft ramps and auto parking areas. Petalled plans tot the hanger and premises will be presented to the Council at a later date. 9ACKGROUND: N/A E PROGRAMS, DEPARTMENTS OR GROUVS AFFECTED: V This airport lease will not affect any other department or group. FISCAL IMPA:_Ti There will be no cost to the General Fund. This lease will increase airport revenues by S301bB,00 per year. *Citya t ly submitted; ref Prepared b r e Joe ompson Airport Manager 4 Appro d: R ck Svehl `f City Manger I 113bo I s 2741L RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BEIV EEN THE CITY OF DENTON AND ROBERT PENLEY 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 to Robert Penley for the purposes of constructing and maintaining a hangar building and facility to be utilized for aircraft ` maintenance, inspections, aircraft sales and rentals flight f instructions, and sale of automobile fuel in compliance in compliance with Section V.A. of the Lease Agreement; and WHEREAS, Robert Penley desires to lease the land at the airport and agrees to pay to the City the requested rent; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TE3 CITY OF DENTON: SECTION I. That the City Manager is hereby authorized to i oxecute a-lease agreement between the City of Denton and Robert ` j Penley, a copy of which is attached hereto and incorporated by Ir ! reference herein. SECTION II, That this resolution shall become effective immearately upon its passage and approval. Passed and Approved this the day of , 1989. RAY STEP NSO MAYOR I ATTEST: I 7ENNltt;t'p , (;1TY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I~~7Z~ r LEASE AGREEMENT JJ ROBERT PE'NLEY AND 1 CITY OF DENTON MUNICIPAL AIRPORT INDEX i Page I. Conditions of Agreement 1 II. Leased Premises 4 III. Term of Lease 5 IV. Payment!?, Rentals, and Fees b V. Rights and Obligations of Lessee 7 VI. Covenants By Lessor 13 f VII. Special Conditions 14 r VIII. Leasehold Improvements 14 11 i IX. Subrogation of Mortgagee 18 X. Right of Easemen,: 19 XI. Subletting and Assignment of Lease 19 XII. Insurance Requirementa 20 XIII. Indemnity 21 XIV. Cancellation By Lessor 22 XV. Cancellation By Lessee 24 r XVI. Miscellaneous Provisions 25 1 i 77, a , 2734L AIRPORT LEASE AGREEMENT i THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This lease agreement, hereinafter referred to as "Lease" is made and executed this let day of August, 1989, at Denton, Texas, by and between the City of Denton, a Municipal Corporation, hereinafter referred to as "Lessor", and Robert G. Penley, doing business as PenAir, having its principal offices at Route 1, Box 108P, Aubrey, Texas 762271 hereinafter referred to as "Lessee". WITNESSETH: I WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain a hangar building and facility to be utilized for aircraft maintenance, inspections, aircraft sales and rentals, flight instructions, and sale of automobile fuel in coapliance with Section V.A. of this Lease Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: 1. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. P.. Principles of Operations, The right to conduct aeronautical activities for u~ r nMing services to the public is i granted the Lessee subject to Lessee agreeing: I 1. To furnish said services on a fair, equal and not J s a unjustly discriminatory basis to all users thereof, and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Ncn-Discrimination. The Lessee, for itself, its personal represent`at:es, 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. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. i 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation- Effectual of 't'itle 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 made or issued. This provision does not becoma effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights. C. Ri ht of Individuals to Maintain Aircraft. It is clearly understoo y e essee a no r or granted which would operate to g Pr a has been prevent any person o firm, or i I PAGE 2 F f i ; 9 s: ~ t corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perforia. D. Non-Exclusive Ri ht. It is understood and agreed that nothing ern con a ne s all be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 43, U.S.C.A. E. Public Areas. 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. 2. Lessor reserves unto itself, its successors and assi ns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surfar,e of the premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Denton Municipal Airport. I 3. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and shall have the right to direct and control all activities of Lessee in this regard. 4. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 5. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. PAGE 3 Y 1 5, This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States cr 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 hereby uemise and lease unto Lessee, and Lessee does hereby lease and take from Lessor, the following described land situated in Denton County, texas, as described as follows: A. Land A tract of land, 165 feet by 160 feet, being approximately 26,400 square feet, or 0.60 acres, drawn and outlined on Attachment "A", attached beret: and incorporated herein by reference, having the following metes and bounds: I All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the William Neil Survey Abstract No. 970 and being part of Lot No. 1, Block No. of thn Southeast Airport Addition, an adt+tion to the y City and County of Denton, and also of being part of a ' tract of land as conveyed to the City of Fenton by deed a dated recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the southeast corner of said Lot 1, Block 1, said point lying in the west right-of-way line of Underwood Road. THENCE south 89° 46' 07" west along the south boundary - line of said Lot 1, a distance of 1590,56' to the southwest corner of said Lot 1; THENCE north 1° 23' 50" east along the southerly west boundary line of said Lot 1, a distance of 817,43' to an inn6r ell corner of said Lot 1; THENCE south 88° 36' 10" east a distance of 60,0' to the POINT OF BEGINNING; THENCE south 88° 36' 10" east a distance of 165.0' to a point for a corner; PAGE 4 i i I i G t THENCE south 1° 23' 50" west a distance of 160.0' to a point for a corner; THENCE north 88° 36' 10" west a distance of 165,0' to a point for a corner; 1 Place THENCE of north 10 Beginning ' and 1 ceast, a ontaining distance ?60400 %qua0re (feet the land, more or lees. Together with the right of ingress and egress to said property; and the right, in common with others so authorized, of passage upon the Airport property generally, sub ect to reasonable regulations by the City of Den; and e,ich patrons 1 shall extend to Lessee's employees, Passengers, invitees. For the purposes of this Lease, the term "Premises" shall mean all property located within the metes and bounds described the aboveo Lessee, but including g including leasehold certain improvements constructed rproperty yowned i and/or controlled by the Lessor. B. Improvements Provided By Lessor. i None For the purposes of this Lease, the term "Lessor improvements" shall. mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, or will enhance or increase, the velue or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in an detail attachment approved above by referenced te Lessorgnd attached to this Lease i CO Easements. None III. TERM The term of this Lease shall be for a period of twenty-five (25) years, commencing on the 1st day of August, 1989, and continuing through the 31st day of July, 2014, unless earlier this slease h for have theta first right ofe refusal o to of PAGE 5 additional five (5) year period at the end of the primary term of r twenty-five (25) years at a renegotiated rental and on terms mutually agreed upon by the Lessor and Lessee. Should Lessee elect to renegotiate this Lease, Lessee shall give written notice of its intention to Lessor not less than one hundred eighty (180) days before the expiration of the primary term of twenty-five (25) years. At the end of the additional five (5) year extension, lessee shall have the right of first refusal to again renegotiate this Lease for an additional five (5) year term. Shotiild Lessee elect to renegotiate, Leaeee shall give written notice of its intent to Lessor not less than one hundred eighty (180) days before the extended term is due to expire. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments, rentals and fees as i follows: A. Rent. Lessee shall pay to the Lessor for the use and f occupancy of the premises the sum of twelve cents (120) per square foot per year, for a total of Three Thousand One Hundred y Sixty-Eight Dollars ($3,168.00) per year, to be paid in twelve (12) equal monthly inatallments n the sum of Two Hundred Sixty Four Dollars ($264.00) per month in advance, on or before the first day of each and every month during the term of this Agreement, siubject to Section IV. B. hereof. B. Annual Rental Adjustment,,. The yearly rental for land and improvements ere n ease aFiall be readjusted on the first day of July of each year during the term of this lease on the basis of the proportion that the then current All Urban Consumer Price Index (CPI-U) for the Dallas/Fort Worth, Texas, Standard \ Metropolitan Statistical Area, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the 1982 index which was 100. The land rental amount ae of-EF Ja e of execution of this agreement is based upon twelve cents (120) per square foot per year for the land herein leased. i C. Additional Fees And Rentals. During the term of this Lease, Lessee shall ay Lessor ve cents (50) per gallon of the total number of gallons of fuel lelivered to Lessee or five i percent (5X) of the wholesale price per gallon of all fuel delivered to the Lessee, whichever is greater. All fees shall be prid monthly to Lessor on or before the 1 15th day of each month during the term )f this Lease. All such k fees shall be accompanied by records showing the time, date and i number of gallons delivered and the name of the fuel supplier. PACE 6 0 5 I Also during the term of this Lease, Lessee shall pay Lessor ten percent (10i) of all hangar and tie-down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises. All such hangar rentals and fees shall be accompanied by records showing the date and location where the aircraft was hangared or parked and the tail number, or side number, of the aircraft. D. Payment, Penalty, Adustments. All payments made hereunder y essee shal~ai e to-reasor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. All monthly rental payments shall be due and payable on ` or before the first day of each month and shall be paid by Lessee without demand or notice from Lessor. All rental amounts paid by i Lessee after the tenth (10) day of the month will be delinquent and shall include an additional monetary amount (penalty) which shall equal five percent (5x) of the rental amount due. Failure of Lessee to pay the five percent (5%) monetary penalty on delinquent rent shall constitute an event of default of this Lease. E h V. RIGHTS AND OBLIGATIONS OF LESSEE I A. Use of Leased Premises. Lessee is granted the non-exclusive privilege to engage Fn or provide the following: 1. Aircraft inspection 2. Aircraft Maintenance 3. Sale of Aircraft Parts 4. Sale of automobile fuel to fuel aircraft certified by the F.A.A. to use automobile fuel so long as Lessee meets the following requirements: a. Any fuel tank and fuel truck utilized by Lessee must meet all City Fire Codes and be approved by the Fire Marshal. r b. Lessee shall fence all fuel tanks on the fuel farm that are used for Mogas into an area separate from other fuel tanks. PAGE 7 L 3 d s 1 i y;1 f C. Lessee, shall, at his expense, maintain tanks which shall meet all requirements of the Environmental Protection Agency, any future requirements of the Environmental Protection Agency, and "All Minimum Standards for Fuel Storage Handling- ana spena n on rports per /52'3~CHC:2~pe 7,a copy of which is attached as Attachment "b," and any amendments to said appendix. d. The City's Fire Marshal and Airport Manager shall designate an area on Lessee's premises to be utilized for the operatio.z and storage of a fuel truck. Lessee may operate the fuel truck outside this designated area only: , i. When requested by an aircraft operator to service a specific aircraft, and Lessee shall f drive to and from the aircraft by the most direct route of travel from the service point; or ii. When traveling to or from the fuel farm for the purpose of refueling the fuel truck. 5. Flight instructions. Lessee, its tenants and sublessees shall not be authorized to co.•:iiv: any services not specifically listed in this agreement. 9':r use of the leased premises of Lessee, its tenants or sublessees shall be limited to only those private, commercial, retailer industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. Lessee shall provide the following services to the public: 1. Maintain a restroom. 2. Appoint and designate a full-time manager to be present on the leased grounds during normal business hours as established below. 3. Have proper fire equipment and fire extinguishers as required by federal and state statutes and local Fire Codes. i PAGE 8 i t r fl , l t e 4. Have available aviation mogas normally found at similar airports meeting the requirements described in AC 150/5230-4 CHG.2, Appendix 7, (Attachment "B"). 5. The generic designation "Mogas" will be affixed in contrasting paint, with letters at least five inches high with one inch line thickness to any tank truck used for fueling of aircraft. 6. Lessee shall maintain the following hours of operation: Hours of operation to the public shall be a minimum of eight (8) hours per, day seven (7) days per week, except for holidays as established for city holidays. 7. Provide ramp service for sale of "Mogas", lubricants and other aviation products and parking assistance within the leased premises. All fuel shall b made available by a tank truck approved by th Fire Marshal and Airport Manager. i B. Inds endent Contractor. During all times that this Lease is in a ect, t e part es agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor Lind it is mutually agreed 4 that nothing contained herein shall be deemed or construed to constitute a partnership or joint vesture between the parties hereto. C. Standards. Lessee shall meet or exceed the following standards: j 1. Address. Lessee shall file with the Airport Manager an3~cT~eep current its mailing address, telephone number(s) and contacts where its authorized official can be reached in an emergency. and 2. &eep . current Lessee a shall list of l its i tn nts and sublessees. 3. Conduct. Lessee shall contractually require its employers and sublessees (and sublessee's invitees) to abide by the terms of this Lease. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. i 4. expensessan Taxes in connection with the use and I PAGE 4 I n J k ~ 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 pay to all lawful taxing authorities an ad valorem property tax on all improvements constructed by the Lessee on the leased premises, and to comply with all tax laws pertaining to the leased premises, including those promulgated in the future. 5. Rules Regulations And Restrictions. Lessee shall comply w a e era , s a e an local laws and rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and requi*ed licenses or permits. 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 leased v shall at all times comply with the premises is codesd s r ordinances, rules, and regulations, either existing or those promulgated in the future, by the City of Denton, the County of Denton, the State of Texas, the J United States of America, and the Federal Aviation Administration, or their successors. Lessee shall not operate or permit the operation of any transmitter devices, electrical signal producers, or 1 machinery on the leased premises which could I interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall nut be permitted to engage in any business or operation on the leased premises which would produce obstructions to visibility or violate height restrictions as set forth by the Federal Aviation Administration and/or the City of Denton. b. Height Restriction And Airspace Protection. The Lessee agrees or self, 9 successors ana assigns I to restrict the height of structures, objects of natural growth and other obstructions on the leased 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 i leased premises which would interfere with lending or taking off of aircraft at the Denton Municipal PACE 10 r 1 J Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the leased premises. 7. Maintenance. Lessee shall be responsible for all ma nth en`ance and repair of the leased premises, including building,,, 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 leased 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 E consent from Lessor. i (a) Painting of Buildings. During the original term of thl-s Lease an wring each extension, Lessor shall have the right to require, not more than j orice every five years, that the metal exterior of hangar(s) or building(s) located on tt~,a j leased premises be reviewed by the Airport Board for the purpose of determining whether painting i of the exteriors of such buildings or hangars is h necessar/. 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 rep4int said exteriors according to Lessor'a specifications (to specify color of paint, quality of paint, number of applications, quality of workmanship and the year and month in which the hanger(s) or building(s) are 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 coats and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessors City Council within the six (6) month i period shall constitute Lessee's default under this Lease. (b) Storage. Lessee herein agrees not to utilize or psrm t others to utilize areas on the leased premises which are located ou the outside of the hangar(s) and/or building(s) for the storage of F wrecked or permanently disabled aircraft, PAGE 11 i e I aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. 8. Unauthorized Use of Premises. Lessee may not use any portion o the ease and or premises for the operation of a motel, hotel, restaurant, private club i or bar, apartment house, or for industrial, commer- cial or retail purposes, except as authorized herein. 9. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the Lessee, its tenants, invitees, or guests be permitted to reside or remain as a I resident on or within the leased premises or other airport premises. 10, Quit Possession. Lessee shall quit possession of all t premises ease herein at the end of the primary term of this lease or any renewal or extension thereof, j and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. j 11. Chemicals. Lessee agrees to store properly, collect , andfs`pose of all chemicals and chemical residues; to store properly, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all local, state and federal laws and regulations governing the storage, handling or disposal of such chemicals and paints. Lessee further agrees that at no time,during the term of this Lease shall any material, fluids, solids or gaseous substances be utilized, stored, disposed of or transported on the leased premises which are considered by the Environmental Protection Agency to be a hazard to the health of the general public and that no activity shall be permitted on the leased premises that would produce noxious odors. 12. Signs. During the term of this Lease, Lessee shall a~the right, at its own expense, to place in or on 1 the leased premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in 1 conformance with any overall directional graphics or j sign program established by Lessor on the Airport. Leash's approval shall not be unreasonably withheld. Said signs shall be maintained in good PAGE 12 M I Nrepair otwithstandinghou anytheother m prof this ovision of eemthis agreement, said signs shall remain the propsee, rty aoll f J Lessee. Lessee shall remove lettering, , at its expen 1 signs and placards so erected on the premises at the expiration of the term of this Lease or extensions thereof. D. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazardsitor y r or obstruction interference to with r any v atgircraft naobstructions to vigational aid station or device, either airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor j shall have the right to demand that the person(s) responsible for the violation s) cease and desist from all such activity creating j the violations). In such event, Lessor shall have the right to demand that corrective action as required, be commenced immediately to restore the lease premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) r said esponsible for the violation(s) fail to cease and desist from o violation(s),and ) to n complete immediately acorrectio e commence rtwenty-four J (24) hours following written notification, then Lessor shall have the right to enter on to the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. Lessor shall submit an invoice to Lessee for the cost of the repairs and Lessee shall pay said invoice within thirty (30) days. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: aceful o went. That on 1 ~ A. Pe payment of rent, fees, and } performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall eaceably hold and enjoy the leased premises and all rights and privileges herein granted. B. Compliance. Lessor warrants and represents that in the establis meant, construction and operation of said Denton PAGE 13 Ir low i Municipal Airport, that Lessor ties heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal takeoff and landing procedures from said Denton Municipal Airport. Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. i VII. SPECIAL CONDITIONS 1 It is expressly understood and agreed by and between Lessor and Lessee that this Lease is subject to the following special i I terms and conditions: ! A. Runways and Taxiways, That because of the present 30,000 poun cont nuous use weight bearing capacity of the runway f and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its J { fuel, of 30,000 pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. 'Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no soliciting part or control, such as an unsolicited or unscheduled or Emergency landing. Negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Lease and subject the Lessee to be liable for any damages to the Airport that might result, i I C VIII. LEASEHOLD IMPROVEMENTS A. Required ~ Improvements. As part of the consideration for i the privilege Herein granted , Lessee is required to and hereby agrees to construct or otherwise make improvements to the I premises, as specified herein, but not limited to, the following: PAGE 14 P 1 f 1. 100' X 100' hangar 2. Paved ramp as shown on Attachment "C" 3. Paved automobile parking as shown on Attachment "C" All building specifications and road or taxiway plans must be reviewed by the Airport Board for approval prior to construction. This requirement is in addition to other requirements of the Denton Code of Ordinances, with which Lessee must comply. Lis!~ec shall provide Lessor with tentative plans for the development of the entire leased premises together with a proposed timetable or schedule for said development. Should said development not occur within the specific time limits mutually agreed upon by and between Lessor and Lessee, Lessor shall have the option to cancel the Lease on all non-developed portions of said lease after a thirty (30) day written notice to Lessee to cure such a default. 1. Plans. Lessee agrees that it shall, within one Hundred eighty (180) calendar days from the date of this Agreement, submit to the Lessor for approval detailed plans and specifications for the above- listed initial proposed leasehold improvements. Lessor aggrees that it shall either approve the plans and specifications as submitted, or transmit proposed revisions to Lessee within forty-five (45) calendar days of receipt of the plans and specifications from Lessee, In the event that Lessor requires revisions of the original pplane and specifications, Lessee shall have forty-five (45) calendar days from the date of receipt of the proposed revisions to resubmit the plane and specifications foc Lessor's approval. Lessee shall commence construction within one hundred eighty (180) calendar days of Lessee's receipt of Lessor 'a final approval of the plane and specifications, and the improvements shall be scheduled for completion not later than one hundred eighty (180) days after commencement of construction. 2, Additional Re uirements. Before commencing the construction o any improvements upon the premises, + Lessee shall submit: (a) Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or I PAGE 15 r 1 constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure, of the program established by the Lessor's J Master Plan for the Airport. The Master Plan 1 shall be approved by the City Council and copies shall be on file at the Office of the Airport Manager and the City Secretary. (b) All information required by the City of Denton Subdivision and Land Development Regulations an outline of such requirements is on file in the Planning Department of Lessor. (c) The estimated cost of such construction. , No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreason- ably withheld. Should the Council fail to deny Lessee's plans i and specifications within sixty daps of submission thereof to the Council, such plans and specifications shall be deemed approved. i 8. Additional Construction or Im rovemen1% Lessee is hereby eutlior zed to construct upon the an erein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submi.t plane and specifications as specified in Article VIII, A.2. (Additional Requirements). C. Ownership o_f~ Im rovementa. All buildings and improvements constructed upon t e premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions:' 1. Removal of Hangars and/or Buildings. In the event that Lessee shoul--d-e elect Eo terminate this Lease pursuant to Articlo XV and remove the building or hangar from the leased premises, then in such event, Lessee herein agrees to comply with the following { terms and conditions during the hangar or building removal process. (6) Prior to commencing the hangar or building removal process, the Lessee and Lessor shall PAVE 16 J I agree on the best method to remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so ar. to cut said fixtures to allow the future use of these fixtures. (b) The building shall be removed completely from the surface of the concrete slab and up, with the exiieption 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. I (c) Removal of hangars or buildings shall be com- pleted prior to Lessee's designated termination date. (d) The hangar or building slab, the aircraft parking apron, the taxiway, and all other improvements on the leased premises shall remain on the leased premises and shall become the property of the Lessor without costs to Lessor. i (e) Lessee shall be respponsible for the removal of all refuse and debria from the leased premises prior to vacating the leased premises. i (f) Lessee shall be responsible for all costs involved in the removal of the hangar or building, including costs of permits or fees. (g) Lessee shall be responsible for any damage caused to any improvements on the leased premises during Cho building or hangar removal process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvement(s) damaged by Lessee during the removal of said structures. 2. Assumption. All buildings and improvements of w ath ever nature remaining upon the leased premises at the end of the primary term, or any extension 1 thereof, of this lease shall automatically become the property of Lessor absolutely in fee without an/ cost to Lessor. 3. Buildi_ng_ _Life. It is agreed that the life ;f any i building to -be constructed by Lessee on the leased premises is twenty-five (25) years. PAGE 17 li Ir low 19 P 4. Right of First Refusal to Purchase Fan gar or Su ng. In t e event that Lessee show elect to sell, hangers or buildings and other improvements situated upon the leased premises, Lessor shall be offered the right of first refusal to purchase improvements, provided however, that Lessor shall not be obligated to purchase said improvements. The value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by ---1 Lessee and one appointed by the two appraisers. E IX. SUBROGATION OF MORTGAGEE i i Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (80X) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of City and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. Lender's duties and rights are as follows: ~ I 1. The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of City. Lender's obligations under this lease as substituted Lessee shall cease upon assignment to a third party and approval by City. 2. As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify City of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify City, in writing, on any change in the identity or address of the Lender. 3. All notices re red by Article XIV herein (Cancellation ' by Lessor) to be given by City to Lessee shall aleo be given by City to Lender at the same time and in the same manner provided City has been furnished with written notice of Lender's interest and its address. Such notice 1 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. i PAGE 18 i I X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of f providing utility services to, from or across the airports property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the i property to its original condition upon 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 or charges for any exercised right of easement by 1 Lessor or Lessor'F, authorized agent. I ! XI. SUBLETTING AND ASSIGNMENT OF LEASE I ~ A. The Lessee may rent or sublease the demised premises for 1 the storage of individual aircraft without prior written consent , of the City, but Lessee shall not rent or sublease all or any ! part of such premises or the improvements located thereon for any i other purpose without the prior written consent of City. Any tenant or sublessee shall be subject to the same conditions, obligations and terms as set forth herein. Lessee shall be 'F responsible for the observance by its tenants and sublessees of the terms and covenants of this Loasa. It is the intention of the City th&t the subleases not be misused as a method to avoid compliance with the minimum standards herein. J l ~ I In the event that the City determines that a sublessee is operating an aviation-related business without complying with the minimum standards applicable thereto, the sublease may be terminated in the same manner as provided by Article XIV herein for leases. Further, the actions of a sublessee in not complying with I or trying to avoid the minimum standards shall be considered a breach of the Lessee's Lease with the City and reason for termination of the Lease. B. Lessee expressly covenants that it will not assign this Lease, convey more than forty-nine percent (49x) of the interest 1 in its business, deemed herein to mean the controlling interest in its business, through the sale of stock or otherwise, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar f apace or tie-down space, without the written consent of the Lessor. Lessor agrees that it will not unreasonably withhold its PAGE 19 71r -T.- a S approval of the sale or sublease of the facilities for airport related purposes. The provisions of this Lease shall remain binding upon the assigneec, 'Lf any, of Lessee. RII. INSURANCE A. Lessee shall maintain continuously in effect at all times durinthe term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverages: 1. Comprehensive General Liability insurance covering the leased premises, the Lessee, its personnel and r its operations on the Airport. I 2. Aircraft Liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Lease or erected by the Lessee subsequent to the execution of this Lease. ` 4. Liability insurance limits shall be in the following minimum amounts: M Bodily Injury and Property Damage: y $1,000,000 combined single limits on a per occurrence + ` basis. S. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30} days written notice to the City prior to i the effective date of any cancellation or lapse of such policies. b. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies. B. During the original or extended term of this Lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts requited of the Lessee and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees Lo provide any such insurance I requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance PAGE 20 1 L/ t 1 4 requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the Southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestern region by the Federal Aviation Administration. 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, 1 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 the right to maintain in force types of insurance and amounts of insurance which exceed Lessor a minimum insurance requirements. , In the event that state law should be amended to require I types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law. I XIII. INDEMNITY Lessee agrees to indemnify and hold harmless City and its agents, employees, and representatives from and against all liability for any and all claims, suite, demands, and/or actions 1 arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, members, patrons, visitors, contractors and subcon- tractors if any, and/or sublessees, which may arise out of or resultrom Lessee's occupancy or use of the premises and/or activities conducted in connection with or incidental to this 1 Lease. I This Indemnity Provision extends to any and all such claims, suits, demands, and/or actions regardless of the type of relief } sought thereby, and whether such relief is in tke form of damages, judgments, and costa and reasonable attorneys fees and expenses, or any other legal or equitable form of remedy. This Indemnity Provision shall apply regardless of the nature of the injury or harm alleged, whether for injury or death to persona 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, I PAGE 21 r J ~ { f V 1 suit, demand, and/or action may be attributable in whole or in part to the Lessee, or to any of its agents, representatives, employees, members, patrons, visitors, contractors, and subcon- tractors if any, and/or sublessees, or to anyone directly or indirect{y employed by any of them. Further, City assumes no responsibility or liability for harm, injury, or any damaging events which are directly or F indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, if any, and/or sublessees. It is expressly understood and agreed that the Lessor shall not be liable or responsible for the negligence of Lessee and/or sublessees, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reasonable precautions for the safety of, and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, visitors, contractors and sub- 1 I contractors, if any, and/or sublessees, and other persons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. i Lessee and Lessor each egree to give the other party prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered. as an additional remedy to Lessor and not an exclusive remedy. XIV. CANCELLATION BY LESSOR All the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions covenants and conditions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies. A. Should Lessee fail to pay the monthly rental amounts and/or fees prescribed in Article IV hereof, such failure shall constitute a default of this Lease, and Lessor may give written PACE 22 i notice to Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms. Should Lessee fail to pay the monthly rental amount within twenty (20) days following receipt of written notice from Lessor, then Lessor may terminate this Lease. B. In the event that Lessee fails to comply with any other terms, conditions, restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor shall give Lessee J notice of said breach, and request Lessee to cure or correct the 1 same. Should Lessee fail to correct said violation(s) or breach .e within thirty (30) days following receipt of said notice, then Lessor shall have the right to terminate this Lease. Should this Lease be ttroinated by Lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the leased premises and all improvements on the leased premises shall become the property of the Lessor. C. In addition to termination of this Lease for the breach 1 of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reason(s): 1. The Lease has reached the termination date of the E original twenty-five (25) year term or any extended term thereof. 2. In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee there- after is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brougght under the provisions of any federal reorganization _ act; or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed. 3. In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. I i Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. PAGE 23 I W --or low -I 4 ?1 h V E. The City shall have a lien as security for the rent aforesaid upon all goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are or may be put or caused to be put on the demised premises by Lessee. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within tan (10) days after said termination. If Lessee fails to remove its personal property as agreed, City may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee, If City has exercised its option to take title to fixed at its own expense, anyy damage provided, resulting Lessee shall rremoval of personal in m placein a neat and clean r property condition a with shall all other iprovements premises { F. Failure of City to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not Lease t by to of any suor waive the riht of bsequent violation of City to chereof. The acceptance of rentals and fees by City for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by rt of Lessee shall not be deemed a waiver of any rights on the ato so j the City to cancel this Agreement for failure by Lessee covenants or erform nditionskhereof rto be performed, kept and observed. observe any of I` co ~ l XV. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and tetn!nate all or any of its obligations hereunder at any time, by r. ,arty aft ng the of0theafollowingnevents: ( o1)nissua cee by any court of preventione or restraining the use of said airport or any part thereof for airport purposes; the breach by Lessor of any of the ` covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) drys due to any law or any order, rule or ur egulaonn over the appropriate governmental authority having ti j operations of Lessor or due to warearthquakethr other c asualty; or (4) the assumption or recapture y Government or any authorized agency thereof the maintenance and PAGE 24 i e y 4 I operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then Lessee may cancel this Lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XVI. MISCELLANEOUS PROVISIONS A. Entire A reeman,, This Lease constitutes the entire r-~ understanding between t e parties and as of its effective date ' supersedes all pricr or independent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties, B. Lease Blndin on Successors and Assigns. All covenants, agreemen s prov s ons an con tons o t is lease shall be binding upon and inure to the benefit of the respective parties hereto, that is both Lessor and Lessee jointly and save rall tand heir legal representatives, successors or assigns, and/orr any grantee or assignees of the Lessor and Lessee. No modification of this Lease shall be binding upon either party unless written and signed by both parties. 1 ~ leased Effect of Condemnation. If the whole or any part of the prem sea s a e 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 i cease on the part so taken from the day the possession of that part shall be required for any purpose and the rent shall be paid up to that day, and from that day, Lessee shall have the right to continue in the possession of the remainder of the premises under the terms herein provided, except that the rent shall be adjusted to such amount as the parties hereto shall negotiate; but, under no circumstances shell the rent be ggreater than the rental per square foot provided for herein. AN dams awarded for such taking of and for any public purpose shall belong to and be the property of Lessor. All damages awarded for such taking of Lesseeushallibe rovement eflectivar ofbusinesses valuethat for rthe oremainder of the lease term and be awarded to Lessee, the remainder to be awarded to Lessor. D. Severabiltty, If any provision hereof shall be finally i s PACE 25 a~ declared void or illegal by any court or administrative agency r having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. J E. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid: 1. If to Lessor, addressed to: City Manager rl City of Denton 215 E. McKinney Denton, Texas 76201 2. If to Lessee, addressed to: Robert G. Penley PenAir 1 Route 1, Box 108P Aubrey, Texas 76227 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. F. Headings. The headings used in this Lease are intended for convene of reference only and do not define or limit the scope or meaning of any provision of this Agreement. G. Cover _n_itl Law. This Lease is to be construed in accordance w-it the Laws of the state of Texas. H. Parking. Lessor reserves the right to restrict and deeignate psrUng areas for ell surface vehicles on all areas of the Denton Municipal Airport, except the leased premises. 1. Attorne 'e Fees. In any action brought by Lessor in which a convict on or udgment is awarded in favor of Lessor for the enforcement of the obligations of the Lessee, Lessor shall be entitled to recover all costs from Lessee, including attorney's fees, involved in the enforcement of this Lease. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. h PAGE 26 I i CITY OF DENTON, TEXAS, LESSOR BY: ATTEST: HOUR- wumm-l-mrmmm F APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY y i BY: LESSOR ROBERT G. PENLE t PACE 27 , THE STATE OF TEXAS § ` COUNTY OF DENTON § On this day of , 19 before me, the undersigned Notary Publ -c persona y appeared Lloyd Harrell personally known to me to be the person and officer who executed the within instrument as City Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. r NQTM PUBLIC, My Commission expires: i THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeareo known to me to be the person whose name is `subscribed to tie foregoing instrument and acknowledged to me that the Fame, and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 i NOTARY I 1 PUBLIC, STATE OF My Commission expires: PAGE 28 i Yell ur7rr n• liutlit To M 1515 Ao w' rwrr_i Dm 8T e. 1 a.t. a10' Het k i er;It• u.t. +y `ti ri~onr n , • TI S '53'196 E '1068.74' rA be ~r } rr •MIUIe MOM TVIraT. aftlort. me VT1tITT tw" na..tl . e ITG G• b 1 T'! I~~,ooosbLi ~+7~ ~I t` ~~~1 ~ e 100 .o.ea' RI n~ 7 1_____klsM11_c_EPE:IP:____-- ~ y LOCAfICW W er .ccw, aA.lYr(, HC WILIM1 91XW47 ww H I$ , t,. (.00 scg R O " 17r 701 All. 04.IWtt, AND In IIITI 9w" Vam 8. O r 10 S ly M rt'„'„• t ti 111.47. y ar.e7• i ee•x_aa t_ rr7_oo-___ •.76.1 r E 602.ve r Z Ile. ar' _ U, ADA FS~9~3~ ii~ W .0005 t UTILITI x2414-_ 810' GJ(" a' . 36'10 C- 480.12' Ilk Im is 1 19 ~ LI2P- L N 2 .pa V f7itonti'~s• r f W ly f . V ~ Cn J' ~ Q V i~ 0 0' .t-0 h R le: ty___S 68~36'100En~~06S_00_.( I!0• rout A", Taus .°t 710AAiENT t 6e >s o• e_.I_o.76 SET M so 0, t QMFM0FM710ee1 aoa• • ^I ^I ;o 1 • ~ ~ ' ~ ~ ---1113x' l_ ~J v um. t. iart s s 1.063 I 1L1 r ^ f iMyp6t*#afb0;1-1 f~O ► n w a x•16•. ~ p1~. 96.04' ~.i0 r 1 763.a L a~ k 0 lY 04Mq iRiera . = v ~.i ~ ..~e l I r. lIv M~p let LcTE i LSD: • _ S 66.36'10' E _ 700.00__ i N ACCESS. DRAINA6f ' ~y : 7x.00 Ieo 7oee _ j AND UTILITY GSEI+ENT $ T ,3 w g • ( I TAII[M DCE Z Z +yr ~ ~ ~`oC 55 ;4b''-- x,ol• ~I ANO UTTZ ILITY'AYEAS GSEM'71T I `raj rd~ IN %r9i tl _ S 66_3$' S O _E "I ' v+t~tn umrar eo.a uanarr Teiturti A3~LM -r71 r7a 46 All SET mWUWAI MoT ; u.r 1.7 8 80'16'01' M 1620.77' n.r u.r P+ D ~ t Found Iron Pon ofsl04 [ Inou t . M.T. CaE Set Iron P1n CITY . TMO Marker ~T.R~AS~T I t , 9• Fenc6 Line -+~QOI• jT O.P. Electric Line FALL GRAPHIC SCILE IN FEEF 7e1epnpne Line m is Bel- a 0e Mar 67 K A110" A 41 NAA 47 rar rp} N0. GATE MCI; t7cVTSTf1P 1 I F~ 1 E s~ 411 AC 150/5230.4 CilG 2 P &Vowix y NDI f •IN N RD DSrANDAAD3 "A fUCL SMA these standards are NS NO toe the atom intended as a Rind. for be adjusted to t Mn211nar •nd dispen3ln the preparation of Rlnltum desired to Cover 4 local Conditions as R or fuel on airports. t etandarda appropriate. If of Contents ehould smandatione met f0 Circular, then the oontente should be rth In eaplttJ•d the main body owe orethistadvisere aooordinglr. Y 1. Fuel E /S Ar the tars should, , + Ci) Be aped In aooordanos with a rehiclee to ,illkelrl ppendix 1. so fie by aircraft/surface • tas (2) 6.. fenced and a3tne0 to reduce Chance of , Derlr unauthorized entry and/or fi) be Posted with r"wabl• nO"saoktns sitna; Contain ~ saterlal Into troll no feature whioh would a3low introduction of any, foreiRrr be ! ition to free or euterlalss equipment, funetlou and souroesl and aetiritias which would. J Droduo! (F) of eorutrueted !n such a manner as to Into the wrong storage tank. Pr•nnt the lrrL raduotlon or the a' hiLhat aho„id De, of fuel (1) Nuked with letters at least 1-! nehlb high to Identlry type/trade I/ wltD no^splur4ntPDod with POI give low point $wp and, It tilled ►1a fixed IPin P tr Iran, t!•tgt (1) closed and equlPped with tradel rate-Proof and Du l prOor rent at least tprovent.ld,s•lQuao"with hs,ottonint float'" auction PSokyp or other devlo• to l DmPingp'piokup of water and other oontasinants at bottom of tCr example, AtRes so, Jet A. I t i i M e 6. 2/20186 AC 150/5230-4 + APpendln 7 inlet, ouCletFa"d with letters oiurlgtidIsist entlfy-fueletype h~End Color coded at ear Oe grade) (3) Underground or protected fro* damage by Surface vehicles; pressure( gauge Free of systoms)i, no, copper (except, possibly, tubing serving test or and cadmium, and (5) Clean and free of significant runt, scale, aurfactants, biologics growth or other materials which could contaminate fuel. a. Hose H°fLlee end tfiow Co_ n~ UStcr ahouldr (1) Be only those specifically designed and tested for very of aviation fuels; Eel2 atora a (2) Equipped with appropriate unique fuel coupling for each product it R i (3) Be controlled by spring-loaded, nonbypassable automatio (deadman) fuel flow cutoff feature; and 51 (4) Be Color Coded to identify fuel type. E f~ otrleal ECulement SviteAes, and kir~ina should bee cause failurefrom Rofslnaulation,eopen spark Abraslono ignition Or Other iapaet which coy a. (2) Of a typo or design a j haeerdous locations approved for use in Clue I, Croup D, Division (explosion proof, ise., free of exposed Conductors, contaott G awitehw, Connectors, motors, stole which could Aanerate open Spark or other exposed ignition source during normal operations). Sae National Fire Proteottor Association (W?A) Standard 70, National Electrical Code. its G di and 8 ndt ui a should provide that pipinge tiltera, tan and eleotrlesl ooapenentO are a ectrically bonded together and Interconnected to adequate Slaetrfeel ground. h• U21adln: Dooke and sc. ~~-s should bee (1) Clearly marked and color coded as to fuel typo; b/ 1 0/ Color and barking codes shall be in acoordana with the latest FAA advisory oiroular AC 150/5230-4 and API tullstin 154y, . I/ Capable of overriding all other controls and stopping, with one phyaioal roovo- %4nt, all fuel now. 1 I r low 4 S ~ f AC 1S0/Sl 30.1 CHG 1 ~ s AW-ndix 1 2/20/db low point (S) tquiDDed with hand Othlrf' pump or ;rarity drain at tank s tiVe Bump, with outlet located to facilitate convenient collection ofsouttlowl (R) It Unk has floating auction system, oQuipped with float!nit suction teat hole and teat able; cleaning; (f) tqulpped with a k"hols large snouge to allow entry top inspection and 1 J (d) tree of Nino, cooper, oadaiur; (9) Clean and free of significant rust, scale, aurtaotants, biological growth, Or other gyterials which could contsainate fuels and (10) tquiDDed with accessible fire extinRuisher which meet or exceed NftA Standard 407 ha vi,~; e6~Least a 20-ac rating. c. Filters/Filter Seaar. ora. The system should: (1) It for AVRIS (WS)l n It lean Inlet outflov filter Z/ mixed to match dmaximum~pumpcflowicapeclty,tdifferentialrainer, check System, and a Sung drain with outlet located to facilitate convenient capture or outflow; and Dressure (2) If for ,}et fuel, oontgin at least an Inlet strainer, inflow and i outflow filter/separatOrS It sized to match maxieute pump flow capacity, differen. tial pressure check system, positive water defense system, a sump drain with outlet located to hoilltats convenient capture of outflov, and fuel susplihA (Hillipore or equivalent) tiEtirute downstream of ■11 filters and filterheperatorao d• p, 12,)a should bee , (1) COSplstelY separate by type and ;trade of fuel; 2/ It AvRu portion of Pool Storage area and fuel tares hag (t) no settling tank and 2) It ne firm procedure (to repuire at least 2 hours Settling tiro and aub• stquent Susping to remove any water) can be demonstrated, System should contain non. bypsamable inflow and outflow filterheparstopa and water Slug detector cutoff/alas (see fOOt Wte 31 belOw)e in pleas of filter. 1/ low , ~a,iptur 100atla I One filter/separator and one water Slug and detea ector o outflow. utoffutof!/SIer,N PAY (with proper pipinR/vslving/prooedures) serve Loth Inflow J R 5 k ? M :y ~PPendik ~ ' Standard (2) Equipped with aCcessoD2 1110196 e0f (e "!node a tiro e un of two, each h "I at xtln 1o a 41t rs aeetlrg et Rroundinft) FqulDPod 20 s kers. andarde A g tan with bond/ground w -BC r of NFA ire and appropriate alng); and collector o1a~ Load! Doe e n4 Station clamp for should bed fly C standard 'early marked and (2) color coded as to fuel type; d/ 407 (ku1PPe4 with acoeas! (a "!n!" bie fire extln (3) of two, eaoh havlna at leasth~ 2 "oting atandarda splash fuel if top Ioad a arating); of NFtA deflector) 1pystem ~ R onou u1pDQ4 with Wllc drop tube (hsvin ~ (@) gh to reach butt FQulpped with a "deadmanM deepest ruslar tank anti. ,5) E control) r Quipped Wit (6) E h boldly Marked emergency cutoff; Rrounding luelerlDPod with bond/ vehicles' ground wire an0 and appropriate ~ (7) Des! connector olaed vehloles, geed to Prevent t P for he Introduction I€ Ha l + d Co of Improper Nei Into retueing Ejk for Cod, Onk (1) All pirto of connectlon~ tank hatches, neandR syst"iIloludin and , no=des outflow p nor r lvea unladin,t Aeadera ehlcles e„ould be "arke ' top load dr Inlets 4 Pereeen , onto op Luba Karko Y and color h0a air ft ng and CtIor 004ed; "N i/ Should not be bands on over-the-wJ entl 2. Q u d AV aubJeat to ch1PPIng nR no::leg used t unlea ,labillt , Oropnd rods Should ' Peeling, or flaklhg loading fuel rue! f ow le not over 25 gallons be available for al 1' Mobil Fuels a rue o nuts, roraft Ebeling pits a a* X71' rM a to a Inet , Ysteea should= (1) Be marked 11t d4njtsp JnalI f AMeb,lit A letters at 1 ` crew Yd standard ) !cr sas erlsl pIaclgh on all aides 1 ooaDsrtment (if an dour qet to e f a prohibit °aoklnR; d with Ip nugeer j~ a~ j cab to olearly &hoMktype Or gr&df o at least 3•Inohe of Kral in $rates) hly~ on all aids and ih drew 1Z03 for all A~ gas) 120; for jet a (Jp.i)) sad 3E63 for Jet A, I I 1/20/66 AC 150/5770-1 CHa 1 ldrpendlx 7 (9) eDeolfl Contain/dlepenae only one type or grade of Nat unless the vehicle wig eAlly deaisned to oontain/dlsponee multiple Rradaa or Nell (4) it ast one at rued looatlon (e.jt,, pit or fueling 001Nt) be (a) At le boldl a) lDle L On all nor marked ea6rgenoy Nel cutoff / clearly equipped and with: frog mal by NFPA Standard 447 (a minimum of two, each and (D) ;re extinguisher& as required 400e8sible durin4 ru63in each having at least a a 2 20-BC SC ratleul) A operational overridina)all other mobcontrolile pinAl d wlthi (a) a system OeDable of flow; and (b) lire extlnjulahers as preserlb d by 0"" PA Standard 40me(et least two, each aoceaslble from a different side and each bvi all feel nR at least a 20-BC retfnj); (6) Contain no feature which would allow Introduction of any forelgn materiel Into ruell (7) Contain no feature which would allow fuel or concentrated fumes to contact (during noraal,operatlone, overt,,,," or other spill) exhaust aystes, hot exhAUSt Raesea1 or any' ny other 10Mltion aouroel and (B) If equipped with Internal combustion onglne, be equipped filter/spark arrestor and a leak-free exhaust system terminating with air b riled (orlglnel equipment type) muffler. In a standard b. Pull T114 (ml should bet (1) C10964 and • ,ipped with gasketed dome covers a Poo I. eaergenoy vapor Prd•aura relief valve, and ( ) which eonEain s ; Nei spillage durinj vahlcle movement and Influx ofbwat~rcgmytigal equate to prevent capture (2) Equipped with sump drain, with outlet 1004164 to facilitate convenient ou t howl flow and(3) Equipped with tank bottom outflow outorr valve which can block fuel I Plplnll rupture or other valve fallural (4) Irae of Sinai copper$ cadmium; and (S) Clean and free of sipirloant lvat, sale, surhotanta, biologlcal growth, or other material which Could oontamlnats fuel* I/ Capable of overriding all other eontrole and etopplrg, with one physial movement, all ilial flow. r { i I • I I I q J 1 } { J 1 1 f 1 AC ISO/StlO.i ~0 1 \ Appendix 7 c. Filter 2/20186 F lter Se rator. The system ahouldr ~ (1) Il for Av a match Maximum pump flow contain at least A nonb p d"+ln with outlet lo capacity, s OirtcrentlelPessaE2e Outflow tllter Al rated to facilitate convenient acap~ re cheek o f a a aired (2) If for et p ure of outllaq and match maximum jet fuel contain at le defense avstempump capacltY0 dlfterential least an Outflow filttelis er/separator al oufense bott" drain with outl pressure check a ted to outflow, and Nei and (N111i eL located to faollltata co p0nieitnt water pore) fitting downstream capture of ~ of all l fIl filters and alrn 11) if for AvResr be equipped with A final raft, In-lino tllter fro. pump to d. Flp should be; ` spillage; (1) Reasonably protected fr o° l(4paet/stress which could cause rupture/fuel ~ aY+tems)r andFrce rc# of of elnca ooyper (except In tubin e 1 and S ervins teat or Clean and free of rust Pressure $euRe other matcrjal which cou! r scale, surfaotente d contaminate fuel. r biological r e• ser, po 8 otter or es and Connect A Should bet ` avlatio (1) Only those s n fuels peolflcally deslgOed' tested • ' and Marketed f equipped Or salivary or storage; with applopr•let* unique fuel coupllglle for each produat in specification orer.the•wing noselur seat Soolet AS id52j y of Aut Oaotive SnglMoors Oontaminant lnrlppeddueLlo wlth dust cap or other o n Into fuel/system; feature which will alniatiie (S) Equipped with nonbypaaaeble 100 mesh no:ale/oonneotor eereenaj 'I (6) Controlled b F a deadaan flow outort feature; and Ir Avgaa to fro. fuel etora e and no fins procedure to r area or other source hevi "Quint nt eueping to remove an egatre at least 2 hours aatttf (1) no eeltli !1 or tllter, ainR used ah u2d time and sub. p bypa d ou" to P#&Ovo an "terra Q"w~ter S1 ~ tank 0 have a npn- WS deteotq. eutetf/alarm !n p2ece 6 J or ~w sl ?/20/86 'a A.; 150/52704 CNO 1 (7) Color 00404 to Identify fuel type. 4/ tr ill u! me t d Ylr! Should be,, cause failureRorslnauletioote t" from heat' abrasion, or.other 1mpsot wtJ pen spark, or other 1101tion source; and loh could of a type Or deslRn approved for use in Close I, Croup 1) Division hazardous locatioru (explosion proof, !sass free of exposed oon4uetore ewttohesso, connectors, motorBS etc., which could t , t f lion urce durirv; nor~eal operations). See NFPAgbt~nQtrdeDOn park or~otheraign!- Co?e. 7 , National Electrical R• Oroundl and B ndi 7ne (l) Provide ayateshouldt componentai electrical continuity between all M061116 or conductive prom C2) He" moth ground and bonding vitas pt, definite eleotrical ground connection between system, and aircraft being fueledl and otueler%p~%caate to binetfaollitete grounding (3) Ir a Pit or cabinet, be permanently electrloallY grounded. 4, Fuellrg P--,-ere~n la ~ er, operate the vellFueling personnel should be or sufficient number to Barely that aYstem's e and to Perform periodic ohsoke/lnepeetiona essential to Proper functioning. t y b' 7 si 1 for Su ervlaa P an e eompleteJ an aviation uel train! _ pa,}, At Joist one supervisor oust have 1 fueling ooan a 04 Po11ow1n lnitialslroiaie at an approved FAA/Industry s nR► supervisory personnel ahou2d! l (i) 8e able to identity, betw explain major characteristics Or, and disti een, the various types of fuel (uslns tlaeaeabilility, color found on the slrport! Mt++tsh ► odor, and real) (2) able to diatingulsh PoOlin• N03e4 reciprocatl turbine enRlnee and explain the major features or Sachs and desoribi the type or ~ fuels and oils used by each! sir4reft(~,.BBe able to Ia+tify (by powerplent and required fuel type or !tads) ramp, and to routinely properly .fuel um•1 . 8• able to identity sn4 explain the awe effects of hel common sources and major oonteminantsr water, other types of hole biologlosl CrMh eurlaot"LA, lint, runt, Bend, And other common solid partlolse( l 1 t I AC 15u/5210-4 M 1 2/20/p6 Appendix 7 (5) Understand and be able to explain what should be done Men one or more of those contaminants is found in Noll (6) Qe able to identify and explain basic purpose of required comp0nents of the fuel fora And mobile fuelera, piter and fueling cabinets they normally use; (1) Be able to explain purpose of and safely perform pericdlo inspections/cheeks needed to keep equipment operational and functioning safely; (8) Understand and be able to explain chat should be done when required cgmponent of fuel farm, mobile fuelere pit or cabinet is inoperable; (g) Understand the basic "tire trlanAle," and be able to identify the more comaom ignition sources found on airports) (10) Understand and be able to explain whet should be done if fuel leak or spill cocure; (11) Understand and be able to generally explain static-generation/ retention fuelerso and e aircraft; and pumping fuels to and from storage tanks, mobil (121 Understand and be able to explain the hazards of atmospheric electrical phenomena, including lightning and static charging of aircraft in flight; (li) Understand and be able to explain main features of proper fire- •fighttnA teohntque using, and demonstrating use of, the fire extinguishers noreially at fuel fares and on fuelers, pit, cabinete; (10) Understand and be able to explain defueling prooeduras and precautions; n the quality control ( tests U neceeaary l to be able ensure t parforis and be able to integrity of fuel provided) II show implementation of Understando be able to including explain appropriate rooordkespinA) quality control procedure (17) Reosive periodic training sufficient to maintain this keowledga; and (18) Maintain records of indivRual training and recurrent tfainlnA• o, triini% for Line Paraonnsl. Line personnel should) + I (1) 8e able to identify, understand major characteristics of, and distinguish between, the various types of fuel (using fluAsbility, color, odor, i and feel) found on the airport; Rajor l feature fueled of reciprocating each, and i drsorlbesthe ty turbine engines and unduestand the m pe of fuels and oils used by aaoh; i ~ B ~E i 2/20/86 AC 5210-e CHO 1 {3} Be able to Identify (p p required fuel type Appendix or 7 aircraft normally Y power lent and on tuelera ramp, and to routinely re properly fuel Same; Fade} (k} $a able to Identify and understand the Poore Common sources and sujor effects fuel t# ruetnan water, other typea of fuel, biological growth, surCeotant nts, lint, ruaL, and d other common solid parLielea, (5) Understand what should be done when one or more are found in fuel; of Lhess cooteainanta (6) Be able to identify and understand basic purpose Of required com- onents of the fuel farm and mobile tuelera, pits, and fueling cabinets they normally use; Inpection (7) Bt o to e/checksD needed utoekeepnequipment operationally perform periodic and functioning ng a s. afely; (8) Understand what should be done when required component or fuel , mobile fueler, pit or cabinet is inoperable; farm, ( Understand the basic fire triangle," common ignition sources found On airports; and be able to identify the more (10) Understand what Should be done If Nei leak or spill occurs; (11) Understand static-generation/retentton milting of fuels; and the dangers associated with filtering and pumping fuels to and mobile tuelera, and aircraft; frop Storage tanke, I (12) Understand the hazards of atmospheric electrical lightning and static charging or aircraft In flight; phenomena, Including (13) Understand the main features of proper firefighting technique using, and demonstrating use of, the ripe extinguishers normally at fuel farms end on fuelera, pit, Cabinets and (14) Understand the dangers of defueling, d. C1olAi and F twear, Fuelin {garments other Lhen a + g Personnel should be SpproprSStely clothed fabric+) shoes cthan aing r~POlkeAttes, nylon With Wools or other static gsneratir4 generate sparks on 6 hobnails, or other baterlsl 1+hlch could pavement), as Other, Fueling personnel should not carry on their persons (at any time Sn, on, or within 100 leeE of any tank igniting device, Including in o dock, storage area j 11 ter, other clu items g Safety MatoheS, Strike-anywhere~mattchea,oeigarettet) any 0 tor, could become IRnttlon Souoes if j hit, or dropped, operated, pumped, f• u er , yuelin Lally oheoke to As should and required sure, training andnknowledge level$gareeauilntained, all ut pervleed and`pe,riodt. components are kept fully operational, required periodic checks indent - 9 _ -.w.J~.-Z-.l 11,J -J _ _ _ 1 1 ti AC 150/52)0-4 CHC , Appendix 7 2/201116 elnsPectlrade nd onsofareean clloadsdry ,when"ondueape, required record-, are kept, and trot proyar quantity g o° aircraft. fuel IS routinely delivered to the proper R• Fuel Farm, Fueler and ?it Onere ton Fueling start eho'Ids (1) Ensure that only qualified personnel are allowed to operate fu-31 farm or 001Pment, or to fuel alroeaftl (2) Ensure that fuel unloading and fualer loading are carried out only with qualified personnel presents (3) Ensure, before Placement or fuel In fuel storage tank that It has passed appro;riate tests to assure fuel meets apeolflcatlon, and Is free or oontsminants, of proper color, smell, and teal and Is "clear and bright"; (0) Ensure that an adeqiiata system of records is :maintained to trace fuel from racelpt to dellvery to a speeftle aireraf:; (5) Ensure fueling is Cerrormsc only outside, never in a building; (F) Ensirs tuelera are never parked closer then 10 feet from each other, 50 feet from any buildinn or aircraft not being fuelei/detueled; and, during loading and tualing operations, 100 feet from smokers Or other visible sources of iRnition; (7) Ensure that before all unloading, loading, fueling and defueling operations are begun, all motors, engines, radical and other eleo4leal and wechan. !cal equlPment (except only auxiliary Power unite) sot needed for that specific operation are turned off and kept offs (8) Ensure that all systems and fuelers are grounded before commas:oing and durlnR all fuel handling operations; bef e 01411," any fueling oEnsure atrall tints during fuelttrlop fuslor ansfer) at least a 0bboonding wire Is connected between fualer being loaded and the loading dock ground, or between the tueler, pit, eabinst and the aircraft being tue led, 00 Before comenoing loading or any tueler or fueling any aircraft, ensure Viet all Ebel term, fualer, pit, and oebinet equlpuent to be used is In good operM irg oondltfon; that the t0* and filter or filter/separator involved have been sunned In the previous 2% hours and that the fuel about to be loaded'or pumped into the airplane Is free of contaminants and of proper color, smell, feels and ' type and is *clear and bright;a (11) before loading ■ny mobile fueler or refuellr.R any airoratt, ensure that rithin the preceding 7 days! (a) dlftorontial pressure top each filter of filter/separator on the fuel Was pit, cabinet, and mobile tueler has boon oheoked, too rod Leith prior readin and that; (b) all nossle/has 00nnepter and found within le oee screens have boors c o fed and found intaA and free of significant debris; bean rlewly ohok and 10 ' I I tltlay Apfandix 7 qt1) Before loading any.saobila tooter or sefueliaa any aircraft, ensure that within the preceding So daysr (a) eseb inflow basket strainer has boon vievstly checked, (b) a water detection teat has been perforeaed downstream of each filter or filter/Separator, (e) it Jet fuel system, at least a color#etrit (vieuot) Millipote. (or equivalent), teat has been con- ducted dovnetress of last filter or filter/separator) td) each mobile fuller has been given a careful visual condition inspeetion, including a nij&St spark cheek to identify visible ignition sources; (a) internal eombu+ion engine's exhaust oyeta■ has boon thoroughly checked and found intact and (rile of leeks; and (f) the entire fueler is mechanically sound and well maintained; 1 ~ (1)) before loading ar.y mobile loofas or refueling any alters t, ensure that within the past 12 monthgt (e) each filter and tiltar/stperstor element in entire fuel Aystse has been replaced or boo passed a single element toot in Which It can reautin in service an additional 12 soothe; (b) oath 1 fueling hole in the syetem has been stretched to its full length! has had eaxlmu' puspina pressure applied, and (white this pressure is ■alotained) hat I Veen visually end tactility thecked end found frog of signifi lntcots nnee- exposed cords, discoloration, soft spots, blisters, slippage rounding tore, or other indication of potent[O failure; (c) each bonding, g device, or coeneetion has been checked for electrical continuity; and that (d) each storage tank with access boa been opened And visually checked for build- up of sludge or other eontaeinest; (lb) Eris- its that mobile tea ar loading and aircraft fualingi=torn- dusted only when deodw n control is operable and used to control tuxl (;S) Ensure than fuel fare and all equipment is kept neat and free + of trasb or debris which could coast or contribute to fuel eontestostion or I fire; 0 (ib) Ensure that all fire extingu[shere are checked for charge and condition At least sestannually; And j (11) Ensuro that fuel service optretirm shell be auspended when there are lightning disehargas in the iiauoediste vicinity of the airport. y, Futter ne orris. Am Futter stall and su arv[e ra should develop and .alotsin (tor at least 12 eont s tacos s 1 equate to at least shot: and ultimate delivery point of At fuel (t) Source, tests ran on, brought onto the airport$ (2) Checks (and any subsequent oorrgetiva action taken) wade on equipment required by these standards; and I Training given and quslifleft lonsJachieveeea a of all fulling stall on airport. the airport J b, oe records ep eratortorsthe Federal hAviation Adeiniatrottonf(FAA)supon iregvast, 1 11 AC 150/3130-{ CHo 2 MAY Appendix 7 6, S e ill Note Ile •rdin~Avtomobile Ceeolinet, Certain auto*obila gasoline eey nov be ueed n specific Aircraft engines ~f en FAA auppleeental type car- tificate has been obtained end if minor Adjustments are madt in the aircraft's engine, None of the Currant fueling publie,etions address this new development, API bulletin 154! prescribes no Actonys or color coding, Until agreement Is reached in the Industry and is publlshad, automobile gasoline& brought onto the airport for use in aircraft shell be Identified by their full names or by the acronym "modes," followed by specific description as to grod0type and octane rating, e.g „ "Mogae-Unleaded Regular (69 octane)," "Mogse-Unleaded Regular (87 oetana)," 'Wodas•Unleaded premium (91 octane)," Automotive fuel sold on airports must be rated for aircraft use using the "motor method alone." Where color coding or color bending would normally be used to Identity a specific aviation fuel, no color coding will be uses for wgeii in its place, tea generic acronym "moist" will be boldly affixed using patot/■aterlal vhlch cl-.srly contrasts with the surface of the pipe/valve/tank/vabicle being used. The paint or material for "Modal" ideft- tifleatlon should be dist:-ietly different frog any of the Colors used for Avgal, 1 V 1 , I t i i r I i a I i 12 i F low y I AC 150/5210-4 CHC 1 a Appendix 7 2/10/Rb 6 hov . S !a N R a 1 -AUJOBObAlt Gee lin a. CerLaln automobile gasoline may been be uaed i obtained n and apeci iC to to aircraft roraft engines madeAA supplemental type Certificate has been s Are t a in the aircraft's engine or the currant fuellne publioations address this new developments API bulleitn 1542 prescribes no acronym or color ooding. Until agreement is reached In the industry and is published, automobile etasollnes brought onto the airport for use in alrorart shall be Identified by their full names or by the aoronym "moges," follove4 by spe• cific description as to grade/type and octane rating, seg., %44s.Unlcaded Regular (89 octane)," "Hosea-unleaded gesular (67 octane)," "Hosas-Unleaded Premium (91 octane)," Automotive fuel sold on airports must 'be rated for aircraft use using the "motor method alone," Where color coding or color banding would normally be used to identify a specific aviation fuel, no color Coding will be used for mogasi in Its plece, the generio acronym "sass," will be boldly affixed using paint/material which clearly contrasts with the surface of the pips/valve/tank/vehlole being used, The paint or auterlsl for Maass" identification should be distinctly different from any or the colors used for Av44s. 11 l I 1 II i ~ r i I ' j I I j i 12 (and 11) w•.'...w«*.,~,+,".,,,.. ,w►~~ia,4w I 1 i V I I /01 Jj I I I - I I i I - - - 1 i I . . . . . . . I I 111111 fill 4;Q16111 111 11 11 1 11i"Piiiiill i I Mrj= C H4FR i 11441 f4fimT17CT30::= i i 1 2745L RESOLUTION NO. A RESOLUTION APPROVING BUDGET TRANSFERS FOR FISCAL YEAR 1988-89; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 8.07 of the Charter of the City of Denton provides that, "At the request of the City Manager and within the last three months of the budget year, the council may by resolution transfer any unencumbered appropriation balance or portion th3reof from one office department or agency to another"; and WHEREAS, the City Manager having recommended to the City Council that certain unencumbered funds of all city departments be transferred to the city s insurance fund; NOW, THEREFORE, { THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the SECTION 1.j the city departments listed on unappropriated Exhibit "A"ct in from amounts shown thereon on Column B to the Insurance Fund is hereby approved. i SECTION II. That the sum of $640,577 is hereby appropriated , from tie 'unapPropriated fund balance to the Insurance Fund. f i SECTION III. That this resolution shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of 1989. 1 J ATTEST: I JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. 1 1 S i EXHIBIT A SCHEDULE OF BUDGET ADJUSTMENTS FOR ELIMINATING INSURANCE FUND DEFICIT COLUMN A COLUMN B REAPPROPRIATED BUDGET FOR INSURANCE DEPARTMENT/DIVISION 1988-89 REIMBURSEMENT GENERAL GOVERNMENT 451,437 51795 LEGAL ADMIN 954,462 3,850 ~1{ MUNICIPAL JUDGE 93,008 500 PLANNING 455,350 20,000 FINANCE FINANCE ADMIN 226,196 1,612 PURCHASING 217,821 2,100 CUSTOMER SERVICE 854,072 22,000 TREASURY 213,444 531 ACCOUNTING 407,872 1,209 TAX 60,745 441 MUNICIPAL COURT 200,716 19537 TOTAL FINANCE 29,430 , ` MUNIC'PAL SERVICES 4 MUYiC SERV/ECON DEV 164,002 21ODO I BUILDING OPER 871,896 21000 OPER ANALYIS 879194 11,850 387,542 3,G00 PERSONNEL WORD PROCESSING 201,474 61000 DATA PROCESSING 7449656 25,301 PARKS ADMIN 225,122 0 LEISURE SERVICES 941,759 15,000 PARKS MAINTENANCE 899+077 109000 LIBRARY ADMIN 196,086 12,905 LIB SUPPORT SERV 265,173 24,085 LIB ADULT SERV 210,605 9,240 LIB YOUTH SERV 173,146 TOTAL MUNICIPAL SERVICES 121,383 COMMUNITY SERVICES 500 COMM SERV ADMIN 250,708 7j456 STREET PATCHING 792,287 STREET CONSTRUCTION 692,396 7,456 STREET DRAINAGE 338,646 0 STREET LIGHTING 363,000 60,000 ENVIRONMENTAL HEALTH 118,523 5,7000 ANIMAL CONTROL 265,941 TOTAL COMM SERVICES 819112 PUBLIC WORKS ENGINEERING 855,793 12,1=7 ti { EXHIBIT A SCHEDULE OF BUDGET ADJUSTMENTS FOR ELIMINATING INSURANCE FUND DEFICIT COLUMN A COLUI4N B REAPPROPRIATED BUDGET FOR INSURANCE DEPARTMENT/DIVISION 1988-89 REIMBURSEMENT INSPECTIONS 365,119 21950 TRAFFIC ENGINEERING 380,573 0 AIRPORT 95,058 1,275 TOTAL PUBLIC WORKS 16,652 POLICE POLICE CID 805,204 23,493 POLICE ADMIN 747,702 0 POLICE PATROL 3,186,236 41,072 TOTAL POLICE 64,565 FIRE FIRE ADMIN 537,939 20500 FIRE OPERATIONS 2,880,002 160300 FIRE PREVENTION 163,997 1,200 EMERG MED SERY 801,858 0 EMENG MGMT 62,844 0 I TOTAL FIRE 20,000 f SUBTOTAL GENERAL FUND 363,287 APPROPRIATED FROM UNAPPROPRIATED BALANCE 314731955 640,557 I TOTAL GENERAL FUND 1,0031844 ELECTRIC ELECT ADMIN 793,265 22,080 ELECT PROD 51,097,802 68,248 ELECT DIST 31682,429 106,381 i ELECT METERING 693,673 36,131 ELECT COMMUNICATION 82,347 10,037 ELECT SUBSTATIONS 429,913 12,044 ELECT ENGINEER?NG 3989551 14,0.1 ENERGY MGMT 712,771 2,007 STREET LIGHTING 3039632 4,015 MISC 71173,171 0 WATER WATER AININ 212,435 0 WASTEWATER ADMIN 157,521 10,200 WATER PROD 4,156,155 100,000 WATER DIST 2,1599157 341992 1 i SCHEDULE OF BUDGET ADJUSTMENTS E111I$IT A FOR ELIMINATING INSURANCE FUND DEFICIT COLMIN A COL[JM B REAPPROPRIATED BUDGET FOR INSURANCE DEPARTMENT/DI1'1SION 1988-89 REIMBURSEMENT WATER METER REPAIR 477,308 10,206 WATER ENGINEERING 107,83[ 4,374 WASTEWATER TREATMENT 1,945,512 37 908 WASTEWATER COLLECTION 1,I81,137 11 496 WASTEWATER ENGINEERING 315,892 10206 WATER LAB 78,858 1 1 l-~ WASTEWATER LAB 21916 249,903 7,290 MiSC 5,612,690 0 TOTAL UTILITY FUNDS 5100588 SANITATION RESIDENTIAL 1,175,484 4,636 COMMERCIAL 791,466 49,026 DIS['OSAL 507,470 25I987 TOTAL SANITATION FUND 79 649 V TOTAL RFCREAT[ON Hi4D 623,633 5r919 N + } GRAND TOTAL (ALL FUNDS) 106000000 ,I I i I i I i S ,LA LIZLI= r~ i { I~ I i 111111111111144 ciryof DENTON,TEXAS MUNICIPAL BUILDING / DENT! K, TEXAS 76201 / TELEPHONE (817) 508.8307 Office of he Clty Minager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick 5vehla, Deputy City Manager + DATE: July 26, 1989 SUBJECT: Request of Mr. Truman Harp I i Per Council direction, we have met with Mr. Harp at least twice in the last three weeks or so. The first time we met we talked I about the request of Mr. Harp to put a grate in place 0 the ! inlet that is on the existing flume at Mistywood and i Robinwood, in reviewing that request, a grate can be built on the flume. The grate is very inefficient in taking water and, therefore, would have to be quite large in size (it would have 4 to be a minimum of 40 square feet in surface area), in addition to that, since this is a double sided inlet, we would have to build new inlets on the street side both no:th anu south of thi,: existing inlet to catch the water coming from the curb and gutter. We have estimated thq cost of this oolut'_on i as being somewhere between $15,000 and $20,000. When we presented thin to Mr. Harp, he liked the idea of the E grate and thought it woul9 be fine. i mentioned the cost to him, and he still thought that was fine until we started talking about who would pay. i indi•ated that we would have to discuss it with the Council, and 1 vas fairly confident that the Council would certainly not pay for all of it and really didn't know if they would pay for any of it at all. Once thtt information was gi%t:n to him, he asked if there were other alternatives and suggested going back to tuilding a driveway along side of the existing inlet that would reconn±ct to the flume further to the west. He left with the promise that we would go back and look at that alternative and see what it would cost. t x~ M 1.M ` Lloyd V. Harrell July 26, 1989 Page 2 On Monday of this week, I met with Mr. Harp again to show him the driveway reconnection alternative. This solution would simply build a driveway north of the existing inlet. It would curve back to the soitth and re-enter the existing flume/driveway some 251-30, behind the curb. We have estimated the cost of this option to be approximately $5,000. In our meeting, 1 discussed this option with Mr. Harp. He was not as pleased with this option. However, he understood that the price tag was lower. 1 again reiterated to him that I did not know whether the Council would be agreeable to funding any of this. lie stressed the fact that he had been trying to work with us, and that our flume was still on his "property. Therefore, he felt the council should do something for him. i told Mr. Harp that we would relay these discussions to the Council and ask for direction as to whether the Council had any intention to fund either of these options. Mr. Harp has indicated that if he cannot get some kind of relief, he will seek legal advice. lie has talked about that before, and we have not seen any activity on hie part as of yet. Please advise the Council of these events. We can proceed in almost any direction that the Council would wish us to pending some information on whether they would like to fund part, or all, or none of tho project. If the Council chose to fund any of this work, the Glenwood project was part of the 185 bond i Issue. As we mentioned before, there is some interest money. In fact, we used a part of that for the approval of one bid at the last Council meeting. Some of that interest is still available. If the Council wants to fund any of this improvement, that would be the best source of funding. If you or the Council has any further questions or needs any further information, we would be happy to try and provide it. Rick Sve la lleputy city manager RS:bw 4640M I