Loading...
HomeMy WebLinkAbout08-15-1989 1 S` AGENDA CITY OF DENTON CITY COUNCIL August 15, 1989 Work Session of the City of Denton City Council on Tuesday, theRoom August 15, 1989, at 4:00 n Texas at which Defense ball. following 4la 215 E. McKinney, Donton J items will be considered: 1 Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 4:00 p.m. Hold preliminary budget discussions with the following I 1 departments: General Government, Municipal Services/ + I`eta Economic Development, Operations Analysis, Processing. Word Processing, Personnel/Pay Plan/Ilealth ons6 Recreation, Recreation Insurance, building Parks & Fund, and Regular Meeting ° the City 1:00 p.m of in nthe Council uChambers rof scity 1 at August 15, 1989, j Hall, 215 E. McKinney. Denton, Texas at which the following items will be considered: i ! 7:00 p.m. { 1, Public hearings ~ A, Hold a public hearing and consider adoption of ordinance of the City of Denton, Texas, providing for the approval of a first amended concept plan for Planned Development District No. 132, as the District appliee to the 414 acres of land described in Ordinance No. 88-166, ayp vi detailed plan for des 184.2 more particularly providing20ofo 0 for viol tiois inththe aximum ere f: andamount a penalty zoning effective commission recommends l app(The roval?janninq and z B. Hold a public hearing a Denton, adotioan ' ordinance of the City of various sections of Chapter 26 (Vehicles for Hire) of the Code of ordinances, amending tthe he definition of waiting time. insurance: and requirements for liability ; amending the maximum rates authorized to be charged: providing for a maximum penalty in the amount of $500.00 therefore; and providing for an effective date. 1 i a City of Denton City Council Agenda August 15. 1989 Page 2 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton. Texas, providing for a change from Agricultural (A) to commercial (C) zoning district classification and use designation for 2.473 acres of land, located east of and abutting 1-35E and west of the MKT Railroad, between Pockrus-Page Road and Shady Shores Road, as more particularly described herein; providing for a penalty in the maximum amount of $2000.00 for violations thereof: and providing for an effective date. Z-88-023(The Planning commission recommends approval.) D. Hold a public hearing and consider approval of a 1 ' f r preliminary roplat and replay. Of the Forrestridge Addition, Section 111, Lots 29, 30 and 31, Block F. into 29ndandZoning Block F. and Planning approval.) j E. Hold a public hearing and consider approval of a replat of the W. W. Wright Subdivision, Lot 2. Block 6 into Lots 2A, 2B, 2C, and 2D, Block 6. P-89-011 (The Planning and Zoning Commission recommends approval.) property. port from Jim Chisolm regarding 2. Reiveto his citizen's f access V N 3. Receive a citizen's report from Cliff Reding regarding the city sign ordinance. 4. Receive a citizen's report from Norma Gamble and others relating to the N. Bonnie Brae proyect, drainage, health hazards to citizens, and the City I tree ordinance. S. Consent Agenda: Each of these items is recommended by the Staff and ro~al strictly on approval thereof will the ConsenteAgebasi of the nda author izestthe recommendations. APP accordance g with o the Staff cncommendati neplement each item in Listed below are bids and purchase orders to be 111 approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6.8, 6.C). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. J r r: P City of Denton City Council Agenda ` August 15, 1989 Page 3 A. Bids and Purchase Orders: 1. Bid 01001 - 02 Triplex Cable 2. P.O. 091737 - WESCO 3. P.O. #90805 - J&S Equipment 4. P.O. #91695 - Motorola B. Tax Refund: 1. Consider approval of a tax refund for Rita L. Glasscock for $967.95. C. Plats and Replats: I 1. Consideration of a preliminary plat of the Liesberger Addition, Lots 1 Block A. (The Planning and Zoning Commission recommends approval). 2. Consideration of the preliminary replat of the Marg-Sam Subdivision, Tract 1, part of Tract 2, and adjacent unplatted land into ' Tract IA and 1B. (The Planning and Zoning h commission recommends approval.) ? f 3. Consider a preliminary plat of the Southview Addition; Section 1 and 2, being Phase IA and Tract 10 and 15 of Phase 1B. (The Planning and Zoning Commission recommends approval.) 6. Resolutions A. Consider approval of a resolution authorizing the City Manager to execute a contract between the City of Denton, Texas and the Texas Department of Community Affairs for the City's Administration of an Emergency Shelter Grants Program; and providing for an effective date. 7. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. -r ~...r i a' City of Denton City Council Agenda August 15, 1989 Page 4 C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. D. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton. Texas and 11.0.P.E., INC. to provide assistance for the homeless; authorizing the / expendituro of funds therefore; and providing an effective date. E. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with Freese and j Nichols, Inc. relating to professional engineering services for the design of modifications to the City's raw water pipelines and cleaning thereof; authorizing the expenditure of funds thecofora; and providing an effective date. (PUB recommends approval.) F. Consider adoption of at, ordinance approving an agreement between the City of Denton and the Denton Chamber of Commerce providing for a program to promote economic development; ' authorizing the expenditure of funds therefor: and providing an effective date. 8. Receive a report on the status of the Keep America Beautiful certification process and discuss the goals of the Keep Denton Beautiful program. 9. Miscellaneous matters from the City Manager. 10. New Business: k This item provides a section for Council Members to f suggest items for future agendas. I 11. 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. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. r 1'. City of Denton City Council Agenda f Augubt 15, 1989 Page 5 C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Consider appointments to the Board of Adjustments, Building Code, Cable TV Advisory Board, Citizens Traffic Safety support Commission, Electrical Code Board and Human Services Committee. 2. Consider an appointment to the North Texas Higher Education Authority. C E R T I F I C A T E , i certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 198 at o'clock (a.m.) -A_ CITY SECRETARY I! I f j 4661H ~ t i S i I i F ~ i If I a 1 ~ I i ~I ,LJ,T.lZ1Xr=R- V 3 CITY of DENTON J215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATEt August 101 1989 T03 Lloyd V. Harrell, City Manager FROM. John F. McGrane, Executive Director of Finance SUBJECTi ANTICIPATED CERTIFICATES OF OBLIGATIONS ISSUANCES IN THE FISCAL YEAR 1989-90 E The following is a list of protected debt Issuance by Certificates of Obligation for the 1989-90 fiscal years i Purpose Amouat (Estimated) 1. Vehicle Maintenance Building S 400,000 2. Lease/Purchase Capital Items 900,000 3. Geographic Information System 500,000 4. Telephone System 5UU,000 TOTAL $ The Vehicle Maintenance building bond proceeds will fund the construction of a 7U'x2OO' addition to the Vehicle Maintenance building. The debt service requirements will be paid from the Working Lapital fund which is funded by operating divisions utilizing the services of the vehicle maintenance division. It is anticipated that Certificates of obligation will be used, as in the past, to fund the annual capital equipment purchases. The staff annually reviews the equipment purchase requirements in order to determine if the issuance of three to five year certificates are more advantageous than lease/ purchasing with an outside company. In the past two years, it has been more advantageous for the City to issue Certificates of Obligation and allow the departments to pay off the equipment through the motor pool. The payment of either the debt service or the lease payments will be funded through the motor pool and will be charged back to the operating divisions. I I _ - -T-T TAT low l i ~f Memo to Lloyd V. Harrell, August 100 1949 Page 2. Both the Geographic Information System and the telephone system debt requirements will provide for the purchase of the equipment necessary for the installation of both systems. The debt service requirements will be paid from 1 the General Debt portion of the budget. There may be an additional ~1I requirement from the Sanitation fund depending upon the outcome of the commercial division and whether the City will be participating and/or expanding in those services. At this time, tnese are the anticipated needs for Certificates of Obligation issuance for next year. The certificates sold for the capital equipment and the vehicle maintenance building are a cost effective way of funding necessary large capital operating items. The G.I.S. and vehicle maintenance building certificates will provide for needed improvements in both these areas; however, if it would not be possible to fund both items, the G.I.S. would he our first priority. If you need any additional information, or have further 4uestionut please advise. , 1 J m F. f,,,ne ; ' vl JFMcGtaf 4744F I I j i I f t r, cf rY of DENroNj TEXAS 215 E. MCKINNEY I DENTON, TEXAS 762011 TELEPHONE (817)56"200 i MEMOR,11'DL'M Tot Petty Mchean - Executive Director, MSED From: Tom Klinck - Director of Personnel/Employee Relations Date: Aujust 10, 1989 Subject: Eaoloyoe Insurance Fund - Update Report on Status of Coopers & Lybrand Management Study and Actuarial Audit Betty, this memo is to provide an update on activities, actions, and current status of tht Coopers h Lybrand Management Study and Actuarial Audit and i progress in dr:.rloping final recommendations to the City Council on I re-struzturing the Employee Health Insurance Program. By way of background, the Council authorized our retaining Coopers 6 Lybrand in January, 1989 to provide: 1. Review and analysis of current plan -indemnity coverage -Preferred Provider Organization -Ltilization review 2. Review and analysis of current funding -Rates -Revenue trends -Co-pays, deductibles, etc. -Stop-loss insurance -125 Plan participation 3. Review and analysis of claims administration and controi -Third Party Administration -Employee communication 4. Review and analysis of Section 89 5. Recommendations on al.ernatK a funding, administration, plait design, etc. 6. Provide revenue, expense, and claims projections After a comprehensive and detailed analysis of the insurance fund, the Coopers At Lybrand representatives pro% led a preliminary report to management on the various factors listed above, Their analysis at that point projected a E 1.6 millio:, deficit in the insurance fund by the end of September, 198'). Also included in their report %ere several preliminary plan design alternatives that would be t,ecessary to completely re-str"cture our health insurance program for employees. This report was communicated to or -MW i1 7 k ` r I ill Q~l4,t ]d, '..i89 iemu to H. )IcFe,rn tmpioyee ilisur,nc ni - ci:I to Retort I~r' 1. w~rk stud: session, 1n 'i,st session, tl~e st.,:1 lilt>' C~:uir.il ;,t th,• 'pr e;eat ~.niucil n lino l~ "erase" 'he dc i'icit hp implem.rntIlig a limited' hlrLr,t freeze su,i in atilut 1 n4 ,tlnrr i,udgetary measures. the staff aisu r -ecmmernded w, le,rtakiutt au e~t•rn,ire t rogram to educate °mpivrtcs on the nallitt, of the I,n,'nlr,m, iar+,lre thOm in the solution, and gain their rn,:pt,r,% oit in de trrminu,ti a n w, re- structured heaith program. the :ouncil ,t;dorsell this µiarl find :irected staff to proceed with this strategy to I. structure t I I e insurance program and as a u c h as possible "inv ice as man} 1 •rmplo)oes as possible" to help sulve the i,robiem, In the latter µarl. if Kay, we immediately met with managers and sent corresrolidence to empioyees to begin the comnunicatiutu prccess. t.e ilso ~nrt,erod tha talents and resuurc,,s lu our organization to decelup rind tmpl,m.;nt an action plan Outlined in Attachment 1. ►hilc the Lmpioyre Insurance committee (Ell') members had been rurkin; with us from the oitset, I %e intingified their tn%ulvmeut in e%'vvs, dr.tail. the memij-rs have provided I many YlliggeStlUl19 tied many ideas to ensure w! were properly sp( riding to j employee needs. ` I 'With the -aj,able assistance of bill George and Pali ALbott in the l'oilco lepirtmont ;,nd 'iar Collins in the Uata Pro:essing Department, we pro,luced r. vileo tale 4 Lloyd Harrell Wit clear:) and concisely communicated to employees tit, si6nifican<e if the problem, some of the key factors etitisiug the insurance problem, how the City intended to attack the problem, and rellle~.tinR •.'m,)ir1y'e„ help in solving the problem. Armed with this and a aria ) iastrum'1nt d+slKned Ly 'oopers, we :ouducted 25 twu hour meetir.5s with rc,rr ?UL' employees, Thus, the message was communicated to over 92% of the employee workf)rce. In the meetings, we also cuvered the survey questionnaire which was designed t' gain complete feedback on employee needs for insurance as '.ell as solicit J their ideas and suggestions we would need to consider in aereioping the new 1 program. he explained how to complete the questionnaire and when to raturn J it. The response by employees was overwhelming - of the 712 Surreys distributed, $14 were completed and returned - a 71% rate, There were also it pages of typewritten comments of suggestions, ideas, and von.erns. Again, with the skills of Jesus Sava and Roger Selson, the surreys were tRbulated and results consolidated for review and consideration by LU Em;lo)ee Insurance Committee (KI C) members. In the meantime, Harlan Jefferson, Risk Xanager, d~rvelo;ed and sent cut requests for bids on the insurance program from private carriers like IML, j Blue Cross/311le Snield, etc. out of 1i bids sent out, we received only j viable responses. S)me of the carriers not responding explained why - "public entities ark on their list of risky businesses", "concerned about thr.• high ruimber of chock claims", etc. filth the survey r,-sulta and financlai pro.lectllns by the Coupurs' actuary, Dave Palatiere (the Coopers representutire) and Employee Insurance r a' 4 11;ust 10, 1'dH9 }Lam, t~., H. M Iean EmP1Oy~e III' erIN-0 turd print Rpurt P:, Q P :I tommittop m~r,birs e{riu dei-f p:ng alternIt ;cts t, t1,r pr>hlk•m, 12'ler mucks ,+i7fq r, ac 'h to all 1r1SU;'aIICe pl'In wd5 df9C'U3910e, eh,i ~.leillLP, a 3 tier, r,iit7 in ~Irteloprri ss iul:ors (sew 1tt&Al1en1`2)1 Cataetr?1'!Iic Cult' f`lar, I In-hospitrll cuc~nag~ oulp; no d,ct' I' •u'erelQr.l F\c'lusive Pr)iider Plan Ihesi;nated ,nly UUCLO13 nn'i 11 ilospital~c) :3. (:umprohvir4iie PI -ill liuII, ecmpIA e coverigel During this time, we have also conducted preliminary meetcngs with local hospitals and ~IocLurs in conjunction with TwU, LST, and DISD representatives to lay the gruund work for negotiations of mora favorable prod der coat strictures. ds the final alternatives on the self-leisured program were nearing comiletion, I had continued discussions with Sanus Texas Health Plan/Sew fork Life, one of the bidders. In the final hours, they have presented another nlternati%P which demonstrates the potential for an improved, flaxihle, and comprehensive program similar to our present Pity Health Program (PPK) with Indemnity coverage). rheir proposal is a two tier, option l approach as follows (see .{ttaclment 3a)r j 1. HMO Only {Designator'. doctors and hospitals; SOME. La%er;ige limitations) 2. Comprehensive flan IC'hoice of full, complete coverage OR HMO ~ option) k This approach would also institute an "ins,irance supplement" of approximately $20 for each employee, each month. This $20 supplement could be used as an offset for the additional premium costs and to neutralize any disparity that might occur between "employe only" individuals with special medical needs and/or dependents, It would he the employee's choice to use the supplement for premiums or "pocket" the supplement. This supplement y would then have a real equalizing effect, thus, making program selection much fairer. (For you]' information, I have included rates [see altachm~ant 3h} that eliminate the $20 supplement. You can see how those who are ably' ak:tu to choose the HMO end up in a far more adv`otogeieswposition for mediacaly I not a significant pay increase as opposed must, reasons, choose Sinus Plus. The S20 supplement [attachment 3a1 has a not radices "peerialty" { balancing effect between the two choices an pemployeesor feel choosing Sinus Plus if necessary, they have no real alternative and must choose the HMO regardless of their family/medlcal 0 tuatioin). Ohvi w sly, we helievri the Sours proposal tc b? extremely promising and needed proper review, study and careful rr:usidera'ion. On Auguilt 7th, the ~ j Li a x 5 tugist 10, 1939 vlemo to D. McKean - Employee In urtnce Food - Nate Report 1',nge I II Employee insurance G.,mmitLet, m.?ethers, Sanus/N1 Life rep resentatI,es, wd fave Pal Atiere met to gain further insight :nto the ttdv.autageit and 'I Is IdIaatages of the Sanus/\1 Life proposal. This vas an in-del t6, vrr}' candid and tough questioning session. The res,ilt ~)f tha meeting producud a "split" of-anion by the mvmbi~rs c£ th.r Employee Insurance !'ommittee - roughly halt' for the +'ity Plan and the other half for the. Sinus/S1' Life proposal. Howe%er, in a follow-up meeting, alter ~ polling their employees, ,pinion seemed to weigh more heavily toward the Sanus program which overall is far less costly and provides greater teneN flexibility. Tha prlmary concern in evaluating both proposals is the adequacy of available doctors. Attachment I ortlines each program's compoi,ents and the factorb both positive and negative that each program would provide employees. In order to attempt to resolve the concerns from both sides of this issue, we are asking each party to develop appropriate resulution to the concerns. It is important that a thorough check of potential problems of the Sanus/Sew York Life program be completed, particularly with the previous difficulties ` experienced In Denton by EMO providers. Coopers is assisting us In checking y the actuarial accuracy of the Sanus rates quoted and they appear sound. Ilowever, we are still checking other contract provisions such as service 1 area restrictions, contract length guarantees, waivers for pre-existing conditions, special confinement provisions, "out" clauses, etc. .Ilso, Sinus/Sew York Life is being instructed to determine if it can produce a more favorable list of local physician providers. So ycu can see we still have a number of major issues to be resolved, If the Sanus program proves out to be an improper alternative, would come prepared to recommend to the City Council the 3 tier approach developed by Coopers and outlined above. If that were the case, we would recommend the following strategy to Council: 1. !love forward with final negotiations with the local medical providers leveraging the strength of CST and TWL. 2. Finalize Plan Design details (coverages, deductibles, co- pays, rates, etc,) 3. Develop and finalize contracts with medical providers, 4. Develop and finalize plan documents and obtain legal review. j 5. Develop employee communication materials and conduct meetings with employees. 6. Communicate changes to Stop-loss insurance carrier, i. Cunduct open enrollment with employees and assist with I selected options. _F low 1 f 1 1 :tueust 10, 1989 Ml mo to B. McKean - Employee Ins.,ranct Find tpdate Hepurt 1 Paje 5 i. De% iup wid conduct maet.ngs with ialected I,)"1 :10sPit,as sad doctors. 9. Complete --idminiitvatice details icumputer changes aid ini,ut, prodace Ti. -w employee/d.:pendent ider,tification cards, ett.I , 51auld the Sanus/Scw fork Lite program prove to be a better ait-,rnatiw, s.>me of these above steps will be eliminated. However, several important actions are critical: such as, legal review of contracts, developin4 and communicating indepth with ('mployees, and ensuring all the details are complete. Our plans are to ensure there is sufficient time for negatietiuns with kcal doctors and other pruvidets ;ind complete the review and evaluation of each alternative. We will be prepared to finalize our recommendation for the City Council so that the final Em;l:yee Health Insurance Program re- structure and implementation strategy anwbe reviewed b) the City Council in September. If approved, %kil proceed employee communication and the open enrollment. In the final analysis it must be understood that the Sanus proposal may only E be a short-term solution to buy us time tc further develop an appropriate 1 EM program which would return control to the City. Because of doctor instability and the dynamics of the whole medical situation this matter will ` still need to be reviewed every year. 1 4 Please let me know if you have questions ur need additional clarification. 'thank }ou. Thomas M. 6linck bminslO.prn 8/11/89 1:25P i 4 Y Y Si rp ~ 1, rIrj P Itta.hment 1 lctiun Flan 0J F.mplopee Henlth Insurance Yrogr~m TasicLActiv1Ly Res onsfbilit 1. Finalize Draft Strategy p I -y L.ee 4o Coopers gay 30 a. Employee Meetings Cit} ~ b. questionnaire/Feedback Analysis c. Research Alternative Insurance d. Develop Final Recommendations e. Prepare and Present Final Report 2. Meeting Preparation and Presentation ty June It- 3. Questionnalre/Feedback Analysis and City June 23 Draft Recommendations June 26 Coopers July 3 -Design Questions mire -Reproduce Questionnaire -Collect Questionnaires -Analyze Questionnaire Data July 3 - j and 5ort/Format Data July 7 ti I -Meeting to Re% iew/Ref ine Data July 12 4. Refinement of the Current City June 26 - (Self-Insured) Plan Coopers July 12 -"Fold-irk" FmploYee feedback -Analyze PPO feasibility -Determine financial impact 5. Research Alternative Insurance City June 5 - + (TML and other carriers) July 12 -Develop RFP and send out -Receive responses and analyze -Determine feasibility ' 6. Develop Final Recommendations From City July 12 - Above Date Coopers July 18 -"Fold-in" all above data -Determine financial projections -Examine employee receptiveness -Revie% Final Draft Recommendations 7. Prepare and Present Final Report City -City ,Manager ar~d Executive Committee Coopers July 18 -Complete Revisions July 24 -City Council August 1 J1 I ~ 1 I . J r 1TrACHMEST I EMPLOYEE HEALTH INSURANCE PROGRAM I ALTERNATIVES COMPARISON OF ADVANTAGES/DISADVANTAGES COOPERS k LYBRAND SELF-INSURANCE PLAN RE-STRUCTURE i i VS. \f SANUS/NEW YORK LIFE HMO/FULLY-INSURED !LAN CITY PLAN RE-STRUCTURE SANUS/NEW YORK LIFE PLAN DESIGN I Three Employee Options: Two Employee Options: 1. Catastrophic Only 1. RMO Only -80%/20X; $250 lnds Deduct/$2000 -S13 Cc-pay Doctors; Out-of-pocket Maximum 5400 Co-pay Hospital -COL'erS Hospitalization, -Covers must medical care; 1 Emergencies and Jut-patient No Prescription Drugs, Vision l Surgery ONLY or Counseling i -NO DOCTOR COVERAGE (Use only designated Docturs and Hospitals) 11. Exclusive Provider organization -$15 Co-pay Doctors; 11100/day Hospital 1 $100 Surgical procedure -Ali other medical services - 80X/20% II. SANDS PLUS $250 Indv Deduct/55000 Out-of-pocket Maximum -Indemnity Plan - 80%/20x; $400 Indv Deduct/55000 -Current Prescription Drug and Vision Out-of-pocket Maximum Benefits (Use ANY Doclqr or Hospital) -MUST USE PROVIDER NETWORK Prescription Drugs-1150 Deduct III. Comprehensive Plan AND/OR I -8021201; 5250 Ind, Deduct/52000 -HMO Plan Out-of-pocket Maximum Si Co-pay Doctors; $275 Co-par Hospitals -Current Prescription Drug and 1'isiun (L'se unl) designated Docturs and 19ospltalsl h pt e 4 CITY PLAN RE-STRUCTURE i 5ANUS/NEW YORK LIFE PROVIDERS DOCTORS/HGSPITALS Denton Lrea Doctors and Limited itrnton/Lewis~ille to Doctors curreuti 10 Hospitals - - be negotiated Denton Community Hospital Dallas/Ft. Hcrth Ductole, Dallas/Ft. Worth D,,?ctors -Son-network -Extensive Network ( 1 Dallas/Ft. worth Hospitals Dallas/Ft. Worth Hospitals ` -to ue negotiated - All HC.A Facilities CITY ()ONTROL Full Control Within Financial Contractual prov isions Limits; flexitility _ PER CENT COST/RATE CHANGE FROM CURRENT RATES {see Attachments 2 and 3) 1. Catastrophic Only I. IINO Only' 0% Employee Only 0% Employee Only Employee 6 Spouse +26% Employee 6 Spouse +11% I Employee 6 Children +30% Employee ✓c Children -13% Imployee b Family +27% Employee N Family + 72 J 11, Exclusive Provider Organization l Employee Only +S a II. SASLS PLLS* Employee k Spouse +69X Employee 6 Children +80X Indemnity Plan and/or R!10 Employee h Family +61% Employee Only +E 18 Ill. Comprehensive Plan Employee 6 Spouse +85% Employee 6 Children +53 Employee Only i5 Employee A Family +86% Employee 6 Spouse +22% 1 Employes & i:fiildren +2772'c •E20 Ins. Suppl. to "off-set" prem Employee A Family +118% increase or "pocketed" Otter Costs: Other Costs: City ".At-Risk"; protected by City "out" of risk business Individual/Aggregate Step-loss Insurance; putential plan deficit Poisibility of "capping" next year's rate increase ~o I:,sulatl,)n future rate increases; may face same financial dilemma nest year ~ 1 J 1 1 ,i } } CITY PLAN RE-STRUCTURE _ SANUS/NFW YORK LIFE OTHER CONSIDERATIONS Must ae,otiate .untracts 1,ith Provides " wme" d,:clor coverage DuCtors +Lnd Hospitals; nu guarantees for City's pruposc.,d catastrophic Na,i C'a;astrophic flan lacks Doctor Civerage Ready to proceed; c•au initiate upen enrollment much sooner { H}IO - ne;at ire image ifates do not build surplus above claim reserve Limited Doctors in local area and questionable ability to deliver more i Not affordable to rank and file, lower Fasorable rates that would j paid employees allow more employees a rate reduction and there for a higher net pay increase ER) cheaper than SA'IL'S PLUS, except Affordability; rate reduction In Employee 6 Children Category for basic employee and dependent health care needs ~ j Catastrophic Only - increased rates, Preventative Health Care I i reduced benefits provided ! Pro.Ides three options SAM'S experience and references - outstanding Convenience of local Doctors and E Hospital employees are familiar with Employees yuugl learn and practice "managed care" or Clty employers continue to "fight" pa y_ additional uremium the need for education and importance of "managed care"; re: conclude that Degree of Inconvenience to we will be in same "crisis" next year ensure cost effectiveness Control mechanisms and procedures established and 1 enforced { ! 1 1 insalt2.prn 8/10/89 5:10p 3 1 1 1'[T.1CH~IEST CITY OF rTNTON HEALTH M. ERUG 8/7/89 COOPERS & MRASD PROP )SAL xxxikrk#*srrkrktr#txti#RxktMk*R*Y*#*###xxx#xR##*R#kks#R#tk#####xr**#*x*kk*Rks#xt*. r I CATASI UHIC P1.0' 80%/20X; $250 Inds Deduct/$2000 Uut-of-Pucket Max Ilospitalix/Emergency/OuL-patient surgery only; NO Ductor coverage City Employee Current Net X EE CHG Contrib Rate Rates Incr/Deer Employee only 313I.io S0.00 $0.00 $0.00 0% Employee & Spouse $131.70 $115.00 $91.24 $23.76 26% Employee & Children $131.70 S75.00 $57.77 $17.23 30% Employee h Family S131.70 5185.00 $145.60 $39.40 27% #R*####R#r###xt##!#lktiitt#tkrt#kRk###!lRtkt##R#k##Rkk###tkk##RkkkRx#####kR#*R#x#t . R II E.CCU SII'E PROVIDER ORGANIZATION 1 I f $15.00 co-pay Dr's/$100 Surg/8100 per day cu-pay Hosp. Indemnity Plan - 80%/20X; $250 Ind% Deduct; $5000 Out-of-Pocket Max Out-ol'-Service Area - $250 Indv Deduct; 80%/20% City Employee Current Net % EL CH9 Contrib Rate Rates Incr/Decr Employee unly $131.70 $4.00 $0.00 Si.00 $4.00 J Empluyee & Spouse $131.70 $154.00 $91.23 SG2.76 69% Employee & Children $131.70 5101.00 $57.77 $46.23 80% Employee & Family $131.70 S234.OU 5145.60 $88.40 61% #Rti#MlRt##ElkRt#f##!tRlktRtRRRkkk*x#*R#RRR#R##*#t#tt#tkkR##k#######RRR####x#R*Rx# III COMPREMENS11E PLAN Indemnity Plan - 80X/20%; $230 Indv Deduct; $2000 Out-of-Pocket flax i4 City Employee Current Net % EE C'HG I ( Contrib Rate Rates Incr/Decr Employee only $131.70 $75.00 $0.00 $75.00 $75.00 Employee & Spouse $131.70 $285.00 $91.23 $193.76 212% EmpIoyec & Children $131.70 $215.00 $57.77 $151.23 272% ! Employee & Family $131.70 $305.00 $135.60 $259.40 178% I 8/87/89 3;454 I I 1 1 sanpro91.wkl ATTACHMENT 3a CITY OF DENTON HEALTH INS. PROG 8/10/89 SANUS/NY PROPOSAL #ttttfttiRttRf#fRltttft#tit#tR#itRRtti/RRt##tt#ttitt#RtRRtRtiifRtttltttttRttRRRRR# I HMO ONLY$ HMO - $15.00 co-pay Dr's/S400 co-pay Hosp. No Prescription Drug, Vision or Counseling Benefits 10 Denton/Lewisville Dr's; some Dr Spec. - drive to DFW; HCA Hosp only Sanus City Employee Current Net % EE CHG Rate Contrib Rate Rates Incr/Decr ' Employee only S100.OD $100.00 $0.00 $0.00 50.00 Employee k Spouse $201.24 $100.00 $101.24 $91.24 $10.00 11% Employee 4: Children $150.47 $100.00 $50.47 $57.77 ($7.30) -13% Employee A Family 5255.42 $100.00 $155.42 $145.60 $9.82 7% . ittti#itiRRt#ittlRRitRtRRRttt4tt#RttffR#fttRfttRfi###i#!tt##!tRlttt#t#RfR###Rf##R! 11 SANDS PLUS( I Indemnity Plan - 80%/20% $400 Ind Deduct/$5000 Out-of-Pocket Max OR HMO - $7.00 co-pay Dr's/$275 co-pay Hosp. Sanus City Employee Current Net X EE CHG I Rate Contrib Rate Rates Incr/Decr Employee only 1150.25 $131.70 118.55 $0.00 $18.55 $18.55 Employee a Spouse $300.85 6131.70 $169.15 $91.24 $77.91 85% Employee k Children $219.68 $131.70 $87.98 $57.77 $30.21 52% Employee 8 Family $402.62 $131.70 $270.92 $145.60 5125.32 86% #320 Insurance Supplement to "off-set" premium increase or "pocket" 8/10/89 5:45P I 1 I ~ ' 1 T~W si sanpro72.wkl Ai tAOIE.xi' Jb CM of UF\1'0N HEALIH INS. !'FUG 8/10/89 SAStS/`l PROPt;SAL t#R#t#t###tRix#t#i#t#t#R#t##*##Ytf##*t##it#*#t#t#it#tixi tt ct *ttt***##ttt#*+~#*tt#i I HMO ONLY HMO - $15.09 Dr's/SICO co pay HLIS1.. Xo Prescriptlcn Drug, lisiun, or Cuunseling 8en_fits 10 Denton/Lewis%ilie Dr's; sume Dr Spec. - dri%e to MF ; I;C.I ilosp enlc Sanus City Employee C rrent Net X EE AC Rnte Contrib Rate Rates Incr/Decr Employee only 5131. TO $131.70 $0.00 SO.00 $0.00 j Employee & Spouse $167.85 $131.70 $36.15 591._'1 (555.0)) -60% imployee A t'hildren S117.87 $131.70 SI6.17 537.77 (S1I.60) -72% Employee S Family $230.23 $131.70 $98,53 S145.60 (547.07) -:32% 11 SASL'S PLUS r Indemnity Plan - 80%/20% $400 Ind Deduct/$5000 Out-of-Pocket Max OR HMO - $7.00 co-pay Ur's/$275 co-pay Hosp. l Sanus CLi y Employee Current Net % LE All Rate CotArib Rate Rates Incr/Decr j Employee only $150.25 S131.70 518.53 $0.00 518.33 $18.55 Employee 6 Spouse $300.85 $131.70 $169.15 591.24 $77.d1 85% Employee & Children S219.68 $131.70 S87.98 $57,77 $30.21 521 Employee h Faeily $402.63 $131.70 $270.92 5145.60 $125.32 86% i ) 3/10/89 5,45? i A ~ MEMORANDUM TO: BETTY EcKEAN, EXEC. DIR., MUNICIPAL SERVICES/ECONOMIC DEVELOPMENT _ FROM: JOELLA ORR, LIBRARY DIRECTOR SUBJ: ALTERNATIVES FOR REDUCTION OF PROPOSED LIBRARY BUDGET BY $93,353 DATE: August 11, 1989 In years past, the Library has received funding from the County to supplement the coat of serving County (non-Denton) patrons. While this funding has not allowed the City to recover the coat of providing these servicPq, the City has continued to accept County funding with a goal of narrowing >'q gap between actual costs and the amount of County support. (If any C,, r support is accepted, then no fee for services may be assessed.) Currently, eighteen percent (18%) of the Library's registered borrowers live outside Denton County. Those out-of-city patrons take home twenty four percent (24%) of the Library's circulated materials. The estimated coat of serving non-residents (or County patrons) for 1988/89 is $191,618, and the County contribution for 1988/89 is contracted at $117,716. For the 1989/90 proposed budget, the City's cost is $2[4,192. In preparing the Library budget, we protected that the County contribution would be $140,020. This amount is based on a $1.50 per capita, plus a $7,500 base. Unfortunately, I was informed recently that the County has budgeted only $93,353 for their Library contribution for the 1;89/90 budget year ($1.00 per capita, plus $5,000 base), In meeting with the Cuunty Commissioners' Court, I expressed my serious concern about the reduction in the County's contribution, especially while costs are increasing sixteen and nine/tentl,s percent (16.9%). Although the Commissioners appeared to be somewhat receptive, they were not in a position to commit any additional dollars at this time. In any event, I feel we need to present the City Council. with a recommended fall-back position because the Library Board does not feel that the $1.00 per capita ($93,353) will be at all adequate. h s J 7 r f ` Reduction iti County Funding August 11, 1989 Page -2- The following options totaling $93,353 are for your consideration: FALLBACK OPTION I Keep same number of hours, but eliminate positions, reduce book budget. Amount Cum.Total 1. Pages/Puppeteere (R) $21,465 $21,485 2. Adult Services Librarian (N) 34,861 56,346 3. Children's Librarian 33,654 90,000 i 4. Books for Adults 3,353 93,353 FALLBACK OPTION Il Reduce hours, eliminate positions, reduce book budget and program supplies. Amount Cum.'Total 1. Pages;Puppeteere Program Supplies (R) $24029 $24,329 2. Adult Services Librarian (N) 34,861 59,190 3. Pages (2) 25,058 84,248 4. Books for Adults 9,105 93053 Option I has an advantage in that it would not reduce library hours. However, Option 11 would be much less painful because our normal turnover would release two (2) Pages and would allow us to maintain the same quality of service. i r II 7 n r i t i 4 i Y~ ~Ty4lnh'YlY. Ir 1e~ } ! •n Ir~l R li ~I rl la ~~~y S~~ tV..l v,15,1 wS', l~,~r ~t {'M!~ ~~Sl r + oi 4l COY 7 tS .1 . l5ir p 2 ~yC i~ ,d[S~ ~40+ 3F ~ 71'IYt,y~ . y 1 Reduction in County Funding August 11, 1989 Page -3- combined with a $93,353 Library budget reduction from the proposed $934,033 89/90 request is an assumption of fl($93 353) plus the General transfer Fund from the General transfer General Fund. The program reduction ($46,667) total the previously anticipate County contribution of $140,020 that was in the Library's original 84/90 proposal, Further, in the August 3, 1989 meeting of the Library Board, alternatives were suggested which would allow the Library to recover some of the money that it will lose if County funding is not accepted. The Board recommended unanimously that an annual fee of $30.00 plus a $2.00 per transaction fee, be charged County patrons (see attachment). Of paramount concern to the Board was that Library services be made available to all patrons who live in Denton County. I feel it is prudent at this point that we not project "out-of-city" usage revenues that would be expected to fund part of this budget request. y Rather, whatever revenues would accrue could be applied toward the General Fund contribution. In summary, the City has been subsiding the County for costa incurred in install setmoreforth above providing the County's "share" might ltakealternatives equitable whatofit usage. give a simple pietre funding. While it is enticipatud that County usage would, in fact, decrease if a fee were charged for services, at least we have a place to start and will not be faced with funding more than the City "share", if you have any questions regarding the above or attechcd, please advise. I JOELLA ORR JOIjs Attachments 133'1H E i I ~ i 1 1 z ALTERNATIVES FOR LIBRARY FUNDING Alternative 1: Charge $30.00 Annual Fee for Non-Residents: A $30.00 annual fee would be administered via a limited-use membc ship card to prevent "card-sharing," and would require minimal staff time to implement and enforce. At the current number of registered Non-Resident, this would generate approximately $227,683, thus covering r the cost of service including any new supplies to administer the collection. Alternative 2: Charge $2.00 Program Fee for Children's Programs: 1 An option to offset the cost of an annual fee is to charge a Children's Program fee. The option of a $2.00 program fee for Children's Programs reflects the actual cost ($1.91) of the program per child. At approximately 20% of the lion-Resident program attendance, this $2.00 program i charge would result in approximately $6,850. The negative impact of this program fee is probable lose of progress in literacy efforts due to a decrease f in program attendance. I I Alternative 3: Charge Non-Residents by Transactioni Cost of service per transaction is based upon total budget and number of transactions. At 24% of the total transactions, the coat per transaction for County patrons would be $1.95 for 1989/90. Administration of this charge would require significant additional staff time and supplies and could result in prohibitive costa. Transaction punch cards might be used, allowing for a limited number of items per card at a charge of $1.95. However, this transaction cost would most probably be $2.00 to cover administrative costs. f f Alternatives for Library Funding Page -2- Alternative 4: Provide Free Services to Non-Residents: This alternative would require additional support of 140,020 from the City's General Fund and require reduction of funding for other City services. Alternative 5: Eliminate Services to Non-Residents This alternative would result in Library service cuts amounting to $140,0209 and reduce Library service levels in the areas of operation hours and personnel resources. r I { 4 i Y t r r (Minutes Will Not Be Approved Until September 1989 Meeting) DENTON LIBRARY BOARD MINUTES REGULAR MEETING AUGUST 3, 1989 The regular meeting of the Denton Library board was held on Thursday, August 3, 1969 at 7:30 p.m. in the Board Room of the Emily Fowler Fublia Library. Present: All Members were present. 1. The minutes of the June 20, 1989 regular meeting were read. The minutes were approved as read with a correction in item 5 to read, "Motion carried unanimously". 2. The following officers wero elected unanimously for 1989/90: , Mary Jo Pickens - Chairman Edward Coomea - Vice-Chairman Dorothy Adkins - Secretary/Treasurer 3. Representativea appointed to North Tezas Library System: Mary Jo Pickens - Representative Edward Coomes - Alternate 4. A discussion on the City of Denton Capital Improvement Plan was held and future site possibilities were discussed as follows: , Hopson Lane & Teasley Lane I Country Club Road & Teasley Lano I Longridge & Teasley Lane (Property Owned by DISD) f 5. Joells Orr discussed Alternatives for Library Funding as listed in the memorandum on that subject dated July 19, 1989. i 6. Edward Coomea moved that the library Board recommend to the City Council, if asked, that for non-City residents, Option 1 and 2 be combined and adopted for 1989/90: Option 1 - $ 2.00 Transaction Feei Option 2 - $30.00 Annual Fee. Motion passed unanimously, E Ed Coomes moved that, if aeked, to recommend that County Funds at the proposed level of $1.00 per capita not be accepted for 1989/90, This passed unanimously. 7. Dorothy Adkins recommended that dues be paid to the Texas Library f Association for all Board Members for the remainder of 1989 (to Dec, 1989) With no further business, the motion was made by Dorothy Adkins and seconded by Ted Mainea that the meeting be adjourned at gi00 p.m, Ih I I a q y R . 1p n D Wceation CITY of DENTON, TEXAS Civic Center/ 321 E. McKlnney/ Denton, TX 76201 M. E M O R A N D U M { TO: The Honorable Mayor and Members of the City Council PROM: Steve Brinkman, Director of Parke and Recreation DATE: August 11, 1989 SUBJECT: Administrative Fee I 1 David M, Griffith and Associates were hired by the City in 1983 to conduct a j cost/revenue study that would identify potential revenue sources for departments to recapture certain overhead costs associated with programs. At the time council was concerned about making sure that services such as recreation services were not being subsidized more than they felt was appropriate, There was also a feeling that all special interest classes and activities should pay their own way and# to the extent practical, be generally self-supporting. This study recommended fee increases in many areas as well j as the establishment of an administrative fee to be charged by the Parka and E Recreation Department for each class or program that used a City facility. This fee was set up to recoup a small portion of the operation and maintenance costa for the City as well as defraying a part of the coat incurred by other j city departments (Pinancep Peraonnel, etc.). The consultant came to us with a recommendation of attaching a fee in the range of $15 to each class or program (see attachment AI. The Parke and Recreation staff and Board opposed the J amount of this fee because it would have priced most of our classes and programs out of the range of affordability for most citizens. A compromise of $5 was suggested by the Park Board (see attachment B) after a survey of area departments (see attachment C) determined that classes and activities In Denton were at or slightly under those charged by most other communities in the metroplex, The ordinance modifying all of our fees was approved in December, 1983, by Councilo and the $5,00 administrative fee was then adopted as an internal policy by our Pinance Department with the approval of the city manager, we added this coat to most of our programs such as swimming lessons, tennis I lesaono day camps, etc,0 beginning in the spring of 1981, when it was instituted, there was a fairly substantial jump in the cost of moat classes, 1 but there was no public outcry at the time, The impact is still felt most in J~ 1 /lcrlipII«l ~~'ola/~~1let~al ~tta~z-~~d G1l'infte2 _ ; } q Denton Parke and Recreation / Denton, Texas / (817)80(1-8270 i k pr C ~ 1 t ' t k Page - 2 our lowest priced classes ($5 to $10 range), and we are working with the Finance Department to come up with a way to restructure this fee so that it is based on a percentage of the class cost rather than a set fee. The administrative fee usually recoups only a small amount of the overall operation and maintenance costs. In athletics, for example, we would collect approximately $15,500 in revenue (see attachment D), and the overall cost of that program is in the range of ;150000 (see attachment e)e in our 1988-89 budget process, the Finance Department questioned an inconsistency in that we were not charging the $5 fee to the various sports 1I groups. we asked for clarification from the Finance Department as to the need to include the new charges due to the potential controversy involved. We were directed by them to include the additional revenue for this charge in our 1988-89 budget. ' After the budget was approved by City Council, the Park Board discussed the implementation of the new charge at their November, 1988 meeting. On November 280 19880 we discussed the new fee with some of the association representatives at a meeting to discuss a new youth sports association. They recommended at that meeting that the fee not be implemented because they felt +I that it would have an adverse effect on both the youth and adult sports 1 programs- We had a subsequent meeting with two Park Board members and the City Manager to discuss options. Potential budget cute to possibly offset or delay the fee were developed for the Park Board to consider (see attachment F). The Park Board reviewed these cute at their January, 1989 meeting and decided to table the issue rather than recommend cuts in these areas. The youth sports associations were notified about this fee immediately after the Board's decision by phone and by letter (see attachment G). It looks as if the big impact in terms of lost attendance is not on youth athletics but on the adult athletics area. Attachment M shows our fees for softball as compared to other cities, and we are somewhat higher. We have also noticed a drop in the number of softball teams this year due to that fee being assessed which is shown on attachment I. There is a desire on the part of a number of adult softball participants to form an association and handle the coordination of these leagues themselves, thereby avoiding the cost the city builds in for our staff person. These individuals have made a presentation to the Park Board, and the Board was interested in a meeting with this group to discuss the possibility. We are willing to do whatever is necessary to help alleviate the immediate concerns. Some of the options may bei 1) Continue the fee and monitor the impact through this fiscal year i and tho Perk Board make a recommendation as to whether to continue this fee as a part of next year's budget. 2) Drop the fee for the athletics groups immediately and reconsider ` budget cuts In other areas. I Page - 3 3) Drop the fee for just adult sports which looks like the biggest area of impact and find cuts to cover that revenue loss or turn that program over to an independent adult spores association, 1 4) Reduce the fee for one or both age groups to $2 or $3 per person 11 and find cuts to accommodate revenue loss, At this time, it is our recommendation to allow an independent adult sports league to form for the 1989 Pall season. The Park Board has also reviewed the fee philosophy during its budgetary considerations and is now recommending some changes which would help modify the impact of these fees (see attachment J). These ares 1 1) change the $5 administrative fee ti 20 percent of the class cost with $5 maximum. 2) increase the non-resident fee from $3 per class to 50 percent of the class cost not to exceed $15, 31 create a scholarship fund with $1,00 being used from the administrative fee. As a partial solution to the youth and adult sports groups, we would like to recommend (see attachment K) that we drop one of our brochures which would { save approximately $10,000 of the =15,500 necessary and use that money to reduce the administrative fee from $5 to $2 for the youth and adult sports groups, We are recommending this due to the great initial impact on these groups and the tight budgets they work under, k ! Steve Brin man Attachments ADM00078 I i I 1 ~ !I t f 1 RECREATION CENTER STAFF CLASSES (Revenue Code 6409) (Continued) 1 EXPECTED REVENUE AS A FUNCTION OF FEE AND RESULTANT LEVEL OF DEMAND I LEVEL OF DEMAND AGGREGATE FEE PER CLASS-HOUR No Change 10 % Decrease 20 % Decrease $ 10 $ 17,633 $ 130572 $ 140108 I 13 260432 * 230807 21r162 30 320903 470614 42r324 61 1070362 960626 $30890 • If the City's objective Is revenue maximization, then In light of the probable price-elastleity of demand for this service, an average aggregate fee In the neighborhood of $13.00 appears optimal, as Is summarized on the Recreation Department's facing page. Under the current fee structure, each of the various class fees per student would rise approximately 109.3 percent--the approximate equivalent of ( charging each student an additional $.30 per class-hour. No ll I( appreciable reduction in demand should result and revenue would rise to $26,432, furnishing the City with additional annual revenue of $13,827. V-5 ATTACHMENT A T ~ i t July 1, 11tsi .4 . ' PARKS AND RECREATION Consultant Park Board Current Proposed Suggested Pees Pees Pees RECREATION CENTER STAFF CLASSES: $5 or 500/hr Aggregate Pee per Class-Hour $ 7.16 $ 15.00 increase whichever is greater J RECREATION CENTER CONTRACT CLASSES; ll Aggregate Fee per Cla33-H0u[3 $ 9.78 $ 15.00 $5 or 500/hr increase whichever is greater TENNIS CENTER STAFP/CONTRACT CLASSES! Junior 8-13our class S 16.00 $ 27.00 f 18.00 Junior 16-Four Class 32.00 54.00 36.00 Adult Class 24.00 40.00 26.00 ATHLETIC LEAGUES! Per Team $ 20.00 $ 40.00 $ 30.00 ATHLETIC RENTALS! Per Session $ 30.00 $ 33.00 $ 35.00 ATHLETIC PRACTICEt Par Practice per Hour $ 10.00 $ 15.00 $ 5100/ unlighted $ 10.00 lighted 1 SWIMMING CLASSES! Per student $ 18.00 $ 24.00 $ 20.00 ! INDIVIDUAL SWIMMING ADMISSIONS: ~JJ Child $ .75 S 1.00 $ 1100 Adult loco 1.50 1.00 M Senior Adult .75 1600 1000 1JI Season Pass 25.00 25.00 25.00 Family Pass 60.00 60.00 60600 PLAYGROUNDSs Per week ! 1.50 $ 3.00 $ 2,50 CEMETERIES: Nonresident Lot $200.00 $ 480.00 S 30000 Resident Lot 150400 360.00 250.00 Infant Lot 50.00 120.00 75.00 Concrete Work Permit 10.00 25.00 25600 interment Permit 10.00 25.00 25.OD Establishment of the proposed fees would generate additional annual revenues oft FACILITY RENTAL S 21500.00 RECREATION CENTER STAFF CLASSES $130827.00 20500.00 RECREATION CENTER CONTRACT CLASSES 12,655.00 10,000.00 TENNIS CENTER STAFF CLASSES 40085.00 750.00 { TENNIS CENTER CONTRACT CLASSES 30601.00 500.00 ATHLETIC LEAGUES 21360.00 1,200.00 ATHLETIC RENTALS 42740 500.00 ATHLETIC PRACTICE OP060.00 30500.00 SWIMMINCI CLASSES 2,850.00 150400 INDIVIDUAL SWIMMING ADMISSIONS 90403,00 51000.00 PLAYGROUNDS 10680.00 10000.00 CEMETERIES 9,518400 21000,00 PARKS AND RECREATION $68,486.00 $30,200.00 ATTACHMENT B f I xA w~ SURVEI RESULTS--USER CHARGES AND PERNII FEES PARKS I RECREATION IotS 9/70161 U DENTON's D.N. GRIM M DIPAAIMINI CURRLNI DENTON'% CONSIIITANTS S1Arr TEES COSTS NEC. REC. ADDISON ARLINGTON DALLAS ET.MOATN GARLAND GRAND PRAtRI IRVING LEWISVILLE MES UITE PIANO RICHARDSON a { a Crn}!r Stiff (1!51!1 Per K teas hour 11.7 60.00 15.00 501/hr TW/ANIA NIA AIR $2.00 N/A NIA 52-1 I.7 WOO Increete { q*I!r foelriKt MIA MIA NIA 12-1 MIA N/A 1 Claws 12.7 IA.2S 15.00 500Ihr NIA Int reeie feenlt Stiff Clistet Per Student ` Noon Iontor Clit1 N/A NIA 25.00 NIA A-h0uri. 16.00 1.111, 22.00 IR.00 4/4 9.00 N.A 5.90 Uunlor Clall A / Adull 111-hre. 31.00 I.A? S4.00 36.00 MIA 26.00 NIA ?5. on NIA N/A MIA D MI 00 21.00 4.11. 10.00 26.00 NIA 1200 MIA 1 I ~ I 1 4 LJ a t 1 1 b71RVt.Y RF:SJL'IS--U3Jt CKWM MD PERM' FEF.% r PARKS 1 RECREATION 10fS 9/30/87 tt2`AmrlXr 0AWJWr IYN tN'tl U14h TWPS STAFF - Ms tl.lil'S AM. _ RW. ALUI" AMINMN fAUM IT.1q M GARLAND GRAM) PRAIW E lRVt141 IJWISVIIJJ: NI' 11'E IUM RJOIAW" rAwa ! Iltf.. - - - t~ntet Staff c'l+aea Par cwt =1-7 GO ou IS.00 SoWr l t !1/A LOU N/A N/A 12.W N/A NIA 7-7 II-) 12,00 Incrt+if 2.05 Centar tb l tact Claatet 12-1) 4".25 15,00 SOf/Nr N/A NIA NIA N/A N/A N/A N/A 12-3 NIA N/A Incre+t! Terrill; Staff Claaaet st Sl ulen! I►Ur Ju,! of clan N-loft. 16.U) 2,B7 27, LKI 18.00 N/A 19,00 N/A IS.00 N/A N/A 125 N/A .7,Ii l or Clot if Ara. 32.uu 1.87 51.U7 16.00 N/A N/A N/A N/A N/A N/A N/A N/A IJ) 129 12S 1 1Alt ter 24M.; 4.11 40,w 76,00 N/A 111.00 N/A $25.00 N/A I2S.Ul NIA N/A N/A N/A i i if 1 , r E 4 SURM WS1U75--UWA Q1 MM t1A/ PFR41 E'ffi PARKS N RECREATION 2 of S 9/30/83 IrTAm4NT l1NWlxr (4NPN'S UrN11.TWN SM V ' f1)5 UVIS RW. RW. ALUISON AXIIL'IW UAll1l5 RT.t4YQtl CMGA'm CNN1p PNAI RIE IRVIN.; 1lki SYIILJ: PAR7C5_6__Pfl.'. ~ ~ 1'4-`AA11'I'E~iM19A1 RJUPVt4x9lN lTnl r ft-t 110r St"%" pi aw I 1 JVilvf CL.■ r~fvr. 16.1A7 4.11 4.11 0.nl~r 16-him. )7.00 4.11 4.11 Alulte IN Mou 4,t1 4.11 At li 1-I lc Yee!. hr r*m 20, LID 61.25 40. W 31D. 00 Athl.tle , i Ir.,eel. ~ Tyr Sa.lan 'fit )1.90 12.91 3S,00 v i 1 t<. SURVEY RESULTS--USER CHARGES AND PERMIT FEES PAAKS 6 RECREATION 3 of 5 4130/83 DfNiON'S ll.N, GRIFFIN OIPARIMENI CURRENT DENHIN'S CONSnLTANTS StAFF _FEfS 05 TS _ AEC. REC. ADDISON ARLINGTON DALLAS PT, NORTH GARLAND GRAND PRAIRIE IRYING LLYISV ILLE His U iTE PLANO RICHARDSON rARKS S RIC, Athlrtlc pr et tiq I ~ rIr i 11/2 Art. < < prat, 10,00 16,16 15.00 15.00 N/A S,25 7,50/2hr 6,001hr 2.001hr 5,00/fir 1.50/hr 6.00 S6/hr N/C 1 h I. I„J lighted 15.00121hr w/o lights 7,50/hr 5, 001hr IlgYtsR w/lights Ind1*idua1lR,00 20,00 NIA N/C 10.00 7,50 Ric N/C N/C 15.017 N/C 12.16 20.00 Sw ln.nl n4 Child 10.00 adult rrr Ad•Ittton 1.07 11I Per 1 Child ,75 1.70 1.00 + I.DO R/A ,75 .75 .10 1.00 .75 ,7s .7S 1.Un 1,00 1,00 Per A40t 1.00 2.76 1,31 1.00 1.00 1.50 1,00 1.00 1.DO .S11 .75 1 .no 1,00 1.00 t i pot Sr. Adeit .iS - 1.D0 r'i' A ~ J /r.F iw: lil.'It / ` ~I . I ' I ~ t 1 xj I SURVEY RESULTS.-USER CHARGES AND PERMIT FEES PARN.S A RECREATION A of S 9/70/A1 ^ DENTON'S O.M. GR1rfIN 1 D"Aot NT CUNAENI DEN TON'S CONSULTANTS 5EArr / rfis COS15 AEC. REC. ADDISON ARLINGTON DALLAS E LVDRTM 64RLAND GRAND PRAIRIE IRVING LEWISVILLE MESQUIIC PLANO RICN_ARDSON PARKS 6 PEE. Pr. I j Iod L, I Pass 25.00 25.00 MIA R/A N/A 15.00 N/A IS.00 N/A 10,00 15.00 70.00 10,00 Per r Aollr post 60,00 60,00 N/A M/A N/A 60.00 N/A N/A MIA N/A 60,00 N/A N/A playgrounds par A week Pro9reri I2.fH1 500,11 N,00 A Wks, N/A N/A FIvks. N/A N/A 8 Wks. 16h. G wkt. 7 Wks. 9 Wks 11 Wks. ` 20.00 free free free free 1,00 6.SD free f i If i I i II I~ 1 SURVEY RESULTS--USER CHARGES AND PERMIT TEES PARKS A RECREATION S of S 9130/63 DTNTON'S D.M. GRIFFIN DTPARTMINI CURRENT UNION'S CONSULIANTS STATT _ ItES COSTS RE[, ADDISON ARLINGTON DALLAS TT,wOATH GARLAND GRAND PRA-IRIE IRV-I-N. _ ri LEYISVILLE MESpOITE PL NO RICHARDSON PARRS E IEC, _ EeT.l erreY - i Per a.,Iernt 150,00 4).111 ffi0, 00 250.00 For Non. an IEenl 200,00 41.48 490,00 300,00 Per Want 50.00 MOO for CnnKrele work In, 00 25.00 1 i 1 . 3 1 I i ATTACHMENT D RELATIONSHIP OF ADMINISTRATIVE FEES TO PROPOSED GENERAL FUND BUDGET FOR 1989-90 Cost Center -_____.a._ Admin. Total Budget Revenue Percentao_e R001 Administration $ 174,699 a a 8002 Publicity 69,447 0 0 R003 Children's Programs 4,099 1x840 (4.891 8004 Civic Center/Special EVents 82,863 1,350 1.638 R005 Denia 97,713 4,390 4.491 R006 Senior Center 130,565 1x700 1.301 R007 Pool 58,810 0 0 R008 Athletics 54,962 15,500 28.2E ! 8009 MLR 144,633 1,800 1.24! RD10 North Lakes 104,401 4,300 4.125 8011 Goldfield Tennis Ctr. 49,092 I' 20600 5.301 { R012 Golf 1,368 lI 460 33.621 F 8013 Therapeutics 35,103 600 1,711 $1,007,755 $340540 3.431 RECRO306 i a y Annual Athletic Field Operation and Maintenance Costs: ATTACHMENT E f r~ } 1. Fertilizer - = 6,000 2. Marble pust 1,000 Bases 2,000 4. Goals, Soccer/Football 500 A S. Water, irrigation 10,000 6. Electric 15,000 7. Herbicide 10,000 8. Irrigation parts 1,000 9. Infield clay 21000 10. Pence repair 10000 i Ile Sod, hydromulch 40000 i 12. Light repair, bulbs, scoreboards 4,000 I~ 17. Trash bags, barrels 1,000 14. Bleacher repairs 18000 150 Moving 9,000 ' 16, Turface 1,000 i 17. Field preparation labor, 2 full-time, 2 seasonals 62,500 18, vehicles, tractors, accessories, fuel 4,000 f 19. Supervision, 1/3 of full-time 10,000 I ~ Total $145,000 I I 1 1~ low a 4 S b ATTACNliENT F gcreatg CITY of DENTON, TEXAS Civic Center/ 321 E. ifcxtnney/ Denton, TX 7020 • ~ r M t B 0 R A N 0 0 M i T0: parks and Recreation Advisory Board FROM: Steve Brinkman, Director of Parks and Recreation DATE: January 9, 1989 W.~ SUBJECT: Youth and Adult Sports Administrative Fee The $5.00 administrative fee will generate approximately $25,000 in new revenue for the city, if we could find $25,000 in budget reductions, this fee could be dropped for this fiscal year. After looking at our options for cuts, we have identified the following potential cuts: Reduce Swim:sing Pool Hours $120095 Reduce Recreation Center Hours $170776 Reduce Issue of Citisen Brochure $ 68000 Reduce Overtime Work S01 $100000 Eliminate Chemical/rertilisation 1260000 Eliminate Landscaping Supplies $ 8,000 Each of these options would have a severe impact on services and would provide less service to the public than we provided last year. Steve Brinkman MEM026/6 i t/Ya~ional ~val~l e/l ~441 e404e"dt Winft " 1 Denton Parks and Recreation / Denton, TOXaa / faf 71 aee•es70 ; I J w e ~ 1 ® ATTACHMENT G W on CITY of OEM ON, TEXAS CIVIC C•nter/ 321 E. YCKlnney/ Oenton, TX 702 February 1, 1969 1 Hc. Steve Selby Denton Girls, Softball Association 628 Horthridge Denton, Terse 76201 Dear Steve: I ,a please let me clarify the conversation you had on January 31, 1989, with Paul f Leslie, Leisure Services Administrator with the Parks and Recreation Department. This conversation concerned the collection of a =5.00 administrative fee to be assessed each participant in your association. City policy states that all p{ettcipants in classes and/or leagues held at + City facilities be assessed a 0,00 administrative lee. Currently, this fee is not being collected from youth sports participants. In order for the Parks f and Recreation Department to follow this policy with consistency, it is necessary to collect this tee from all participants. Therefore, effective { immediately, the department will be collecting a $5.00 administrative fee per participant from all youth sports associations, This is in addition to the 810.00 non-resident fee that is now collected. f ~ j It you have any questions or concerns, Please feel tree to contact me at i $66-8270, I Since sly, Q Steve Brinkman Director of Packs and Recreation ih ADM00009 , I i f I 'r/l~~ ~fzld ~~8~edal r~~i!~erut~l ~tim~ D.nfon>•aAs Ana Roef•otion ~ Donlon, Toss ~ (017)666-8270 i4 r ATTACHt1ENT H r Cost Per Game Comparison for Softball 1989 Team Pee Games Cost/Game Comments Denton 1467• 12 38.91 (includes tournament fee) Denton 1417• 12 34.75 {less tourney fee) f Denton 1317 12 26.41 (less tourney fee, 11 administrative fee) Denton Assn. (est.) 11370 12 36.41 (no tournament) Arlington 1320 10 32.00 (no tournament fee, no administrative fee) Grand Prairie 1320 10 32.00 (no tournament fee, no administrative fee) i 3 Plano 1255 8 31.87 [no tournament fee, no administrative fee) i Irving 1285 10' 28050 (no tournament fee, no I administrative fee) Carrollton 1285 10 28.50 (no tournament fee, no administrative fee) I Lewisville 1265 14 18.92 (no balls supplied, no tournament fee, no administrative fee) t *Based on a full roster of 20 players. I E i i i n ti March 17, 1989 ATTACHMbIT I NF.Ifl9PlEA_12BItl9~4E7aau LEAOUl;~E!•jgForargA7jg~~11!11g~IQ11.1l13-11 1969 Aeeldsnt 1939 Resident Past Learm 8 of L"VA Fee A 1913 Non-Res. lesyus Fee A 1159 Non-Rot TAAF ASA 5cdrs• $"*on 5x..__ I aA1__Ifff ASI-.-_ L 4a1L__11l01LL UL ourna. 1!. Denton Nen'0 12 0397 - 31 toms 3397 5167 - 12 teams 9557 x % x x % % x Nomen'g 12 0347 - t tome 1547 5117 - 0 teams 5517 x x A x A x NM's Ch. 12 0317 - 17 teams 9547 4417 - 3 teems 1617 A % x x A x Lewisville - - "W's 14 6255 - 40 two Not 9265 - 32 tome Not x x x A x I 100"n'a 11 9255 - 5 teems Permitted $265 - 1 toms Permitted x % x x x f - Non's p+. 14 6293 - al tow 6295 - 17 tome x x A x x C 1 Carrollton Non's 10 12651 No ties) No x x x x x x Mamgn'e 10 42611-225 teeing Additional 62651-210 teeme Additional x x A x x x I MM'S Ch. 10 10215) Fees 9285) Fees x x x x x Plano Non's 1 4240) 4340 12531 4365 x 9 x x x x i 1pmM1'g t 43401-21d mama 1340 82551-211 tea" $155 x A x x x x Non's Ch. a 8240) 4340 1255) 839S A x it A x x Irving men's 10 4265 - 51 teamo No 4215 - Is tsaas No x x x x x x r W. *8 10 11215 - 11 tsami Additional $215 - 17 tome Additional x % x x x x Non's Ch. 10 4215 - 31 teems Fees 3235 - 41 teens F"s x % x x x x I f I I/ss Resident 1109 Resident Post Lee" 0 of L«Ow PN 0 1901 Non-Ras. Los" Poo 1 I/09 Mon-Rss. tAAr ASA Sears- *"*on Our.- _ tuo FN 1u ro llf41410_ fall. Ikl 04_ Flsn's 10 1320) No $720) NO x x x k x ?Arlington wa•n•0 10 11201.209 ties" Additional 1320-270 t•aas Additional x x x x k Man's CA. 10 /J 20) /«s 1120) Fees x x x k x Man's 10 11000) No $320) No x x x it k x arA rrairS• Mos•n's 10 1000)-1" tee Additional 1320)-130 t•oas Additional x x k x k x MM'a Ch. 10 $300) fNS 1320) fNf x x I I 1 I I ATTACHMENT J n E)W&fton CITY of DENTON, TEXAS Civic Center/ 321 E. McKinney/ Denton, TX 76201 CITY OF DENTON PARRS AND RECREATION BOARD MEETING i MONDAY, AUGUST 7r 1969 5:30 P.M, MARTIN LUTHER RING, JR, RECREATION CENTER MEMBERS PRESENT: DCarl alton Gfegoryp Vice Chairman I Catherine Bell Rita Pilkey Roy Appleton III STAPP PRESENT: Steve Brinkman, Director of Parke and Recreation ; Joy Heschr Senior Secretary I. MEETING CALLED TO. ORDER rr, 1 The meeting was called to order by Carl Anderson, Chairman. J 11. APPROVAL OP MINUTES PROM LAST MEETING, On a motion by Rita Pilkeyr second of Catherine Bell, the minutes of the meeting of July 17, 1989, were approved, 1 j I III. OLD BUSINESS i 1. Recreation Pund/Scholarshipa: Steve opened the discussion by reviewing the options for the scholarship fund as was discussed at the last meeting. The consensus of the Board was to use $1 of the $5 administrative fee to establish a scholarship fund. Steve said the City is looking at going with a percentage of the I class fee for the administrative fee but would never exceed $5.00. Also, it is being suggested that the non-resident fee be increased from $3 to 50 percent of the class fee with a minimum of $7 per class and a maximum of $15. E • Z' d"'•, J~ttliafta 1. ~nola~ ~%1le~~cl..q~c~a-tcl ?~'~nnet *WI.R Denton Parks and Recreation Denton, Yexas (817) 566.8270 I L r F law Parke and Recreation Board Meeting August 7, 1969 page - 2 After a discussion, Roy moved that even though the Board is not in favor of the administrative fee, the Board wants to recommend that if the administrative fee must be charged, it should be amended to 20 percent of the class fee versus the flat rate of $5.00, and the non-resident fee be increased to 50 percent rather than the current $3.00 or the $10.00 fee charged to the athletic participants, The revenue gained from this fee should be deposited in the Recreation Fund for specific use on Parks and Recreation activities. A $1.00 portion of the 20 percent should go to the scholarship fund. Rita seconded the motion. The motion was passed unanimously. 2. Adult Sports Leagues: Steve said the adult sports participants still object to the administrative fee, Carl stated that the adult softball league participants had met and had formed a constitution. He said the league was able to cut fees, but with the addition of the administrative fee and the requirement for liability insurance, the cost will be the same as when the City had the program. Carl said that, if the City persists in assessing the $5 administrative fee, the league will disband and will play elsewhere. 3. Park Tour: Steve reminded the Board of the Park Tour scheduled for Saturday, { August 12. Be said the tour may be cancelled due to the lack of attendance as indicated by the responses to invitations, The members would be notified as to the decision. Iv, NEW BUSINESS ` None, V0 OTHER Steve said the City was experiencing a problem with funds received for the CIp program and would have to extend the five-year plan to a seven-year program, Completion dates of some of the projects have been delayed. For example, the 12 recreation center will be completed by 1991-92, and the 43 recreation center has been postponed until 1993-94, The athletic field renovation planned for 1990-91 will be accomplished on schedule. via ADJWRN on a motion by Dalton Gregory, second of Catherine Bell, the meeting was adjourned. ADM00267 ATTACHMENT K 'c creation CITY of DENTON, TEXAS Civic Canter/ 321 E. McKinney/ Denton, TX 76201 M E M O R A N D U M a a a w w a a a w a To: Betty McKean, Executive Director for Municipal Services and Economic Development PROMS Steve Brinkman, Director of Parke and Recreation DATE., August 11, 1989 SUBJECTS Loss of Brochure 7 i if we reduce one brochure to find funds for the partial elimination of the administrative fees paid by the youth and adult sports groups, it would have ( the following effects: j 1) Would necessitate longer term planning for staff since we would ` have a brochure that covered a six month timeframe. 2) Would force us to depend more on news releases and flyers for new classes or activities that missed the deadline date for the brochure. i 3) There would be an increased need for additional copies of the i brochure due to people misplacing them over the six month program timeframe, We would need to print an additional 5,000 copies, but J that cost would be minimal. J 4) Due to the increased amount of information, we would need to expand the size from 40 to 48 pages, but most of this cost can be offset by additional advertising, The total cost for each brochure is $13,035, and there is approximately $2,600 in revenue from the sale of advertising, if we reduce the ad cost due to dropping the brochure, our actual savings would be approximately $10,000 that i{r can be applied to the administrative fee in lieu of athletic revenue. This amount would reduce the overall amount of administrative fees, which need to be collected from athletics, from $18,500 to $8,50u or, in effect, bring the 11 fee down from $5,00 to approximately $2.00, This would greatly lessen the impact of this fee, although not do away with it completely. I !~LAM L~ Steve Britxman ADM00268 ;'mo 'o r/ alVamrr~ ►~'oltl editetlal Denton Parks and Recreation / Denton, Texas / (8 1 71668.19470 r r r _ _ - _ir "R G I 4 A-LIU VTT-T F -LIM I Lou i P . 17f++.i 11 H44:= i r ilA'I'E: 8/15/89 Clly COUNCIL REPORT FORMIT TO: At+yor and Members of the City Council FRUH: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ALUKION OF AN ORDINANCE APPROVING A FIRST AMENUEU CONCEPC PLAN FUR P1.ANNEU UEVELOpjdNl' - 131 AS THE UISTRICf APPLIES TO 414 ACRES ANU APPROVING A D'E'TAILED PLAN FOR 184.2 ACRES OF THE DIS'TRIC'T. REOottI NmrION: the Planning and Zoning Commission recomended approval at thie June 210 1989 meeting (5-1). SU6 my: This is the first petition for detailed plan approval for Scuthvlew. Also included in this request is an amendment of a portion of the existing concept plan. (See attached staff report) BACKGROUND: See attached staff report. PROGRAMS DEPAR-IMB fS OR GROUPS AFFECTED: N/A FISCAL IMPACT: ! Unxnmwn at this time. Res p bm City .14anager 4ananl edLtoy arre et vaPlng Administrator Ap oved: , F a Robbins, AICP II Executive Director Planning and Development I i 1888x rr low STAFF RGFORT To: Denton City Council Case No.: Z-89-U03 Meeting Late: August 15, 1989 GENERAL INFORMATION Applicant: RMB Realty, Inc. First City Bank 'l'ower 101 Main Street, Suite 2420 Fort Worth, Texas 76102 Status of Applicant: Land Owner Requested Action: Approval of an amended concept plan on property currently zoned planned development (PU-131). The following land uses are proposed: Single Family - 10 - 43.7 acres witn a density of 3.2 units per acre Single Family - 7 - 119.9 acres with a density of 4.3 units per acre 1 Multi-Family i - 80.0 acres with a density of 25 units per acre Neighborhood Service 6.0 acres School/Park - 19.1 acres Might-of-way 20.6 acres Approval of a detailed plan on property currently zoned planned development (PU-131). The iollowing land uses are proposed: Single family - 10 - 43.7 acres with a density of 3.1 ' units per acre Single Family - 7 - 119.9 acres with a density of 4.3 units per acre Right-of way - 10.6 acres. I ir *-W Z-Bu-UU3 Page 2 r Location and Size: The amended concept plan request includes approximately 217.3 acres of property located approximately 1,200 feet north of I-3SE and extending approximately 48o0 feet north toward Pecan Creek. The detailed plan request includes approximately 184.2 acres. Surrounding Land Use: North - Pecan Creek, Agricultural, and PD-132 South - Corinth City Limits, 1-35, and Agricultural Last - Shady Shores snd Corinth City Limits, Hidden Valley and Chaparral Estates, and Garza-Little Elm Reservoir West - Residential, Broken Arrow Ranch Estates, Agricultural, and Extraterritorial Jurisdiction (ETJ) Denton Development Guide: Low Intensity Area I SPECIAL INFURMATIUN Concept Plan: Tne proposed amended concept plan relocates the southern portion of Lakeview Boulevard and changes some of the tract configurations and acreages. fne approved concept plan provides for 31.7 acres designated as SF-7 with single family nousing on 7000 square ` foot minimum lots in 'tract 10 with 136 units at 4.3 units per acre. The proposed amendment provides for 32.3 acres with 131 units at 4.06 units per acre. 'tracts 11 and 12 maintain the same acreage but are slightly reconfigured. The School/Park site, Tract 13, is proposed to increase by 9.1 acres to 19.1 acres. Tract 14, designated as SF-100 would decrer,se to 32.8 acres from 41.1 and provid- 103 units rather than the current 'al. Tract 15 (neighborhood service) is { i 1 Z-89-UU3 Page 3 SPECIAL 1NFURNIATION (continued) being platted now, but is being rescheduled from 1992 to 1995 in the proposed development schedule. Tract 16, SF-7, was approved for 35.4 acres with 152 units, or 4.3 units per acre. Phis request would allow 43.3 acres with 163 units 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 from 36 to 23 and the acreage is decreasing to 10.9 from 11.4 changing the units per acre to 2.11 rather than 3.2. the number of SF-10 units i.s being j decreased from 167 to 126 and the number of SF-7 units reduced from 505 to 384, wnile the acreage is remaining { almost the same. The attached chart also details this. I Tne population is projected to be 2U55 with this proposal, rather than the ! 2549 identified in the approved concept plan. These changes are the result of j relocating Lakeview Boulevard and ! maintaining the natural drainage system rather than extensive channelization. Detailed Plan: The proposed detailed plan will approve the single family uses and the right of way including the median plan for the first phase of Lakeview Boulevard.The lots in the Single Family-10 tracts have an average 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 ue 100000 square feet in area. The multi-family, neighborhood 11 services, and school/park tracts are not being detail planned at this time. Transportation: The location of Lakeview Boulevard has been woved from its site on the approved concept plan. It is proposed to be relocated to save a grove of trees in Tract 16 Block 9. w~ Z-89-UU3 Page J SPECIAL 1NFURMA'IIUN (continued) 5pacitig and location of collector and residential streets meet subdivision regulations. Intersections will be signalized at the following locations: Lakeview Boulevard and 1-35 Service Roads, Shady Shores Road, Streets B/F, Pockrus Page Road and Creek Crossing Urive. The signals will be installed when warrants are met as specified by MUTCU (Manual , of Uniform Traffic Control Devices) revised Septemuer 18, 19:8. Warrants { are expected to be met in 1992. When warrants are met an independent traffic study will be performed to determine the traffic generated by RMB Realty, Inc. Developments as a percent of the total. Tne petitioner will pay their { proportionate share of the signalization costs. Attached are the 'transportation Plan and signal plan. Utilities: Tne provision of water and wastewater service shown in the Preliminary Water and Sanita*y Sewer Plan meet the standards in the subdivision regulations. The multi-family and neighborhood service sites will not be developed until the required 16" water line is installed along Colorado/Edwards Road from Lakeview Boulevard to Mayttill and tae 12" water line is installed along Mayhill from Colorado to Spencer and the 12" water line is installed along Spencer from Maynill to existing water line. Uversizing is an issue wnich may be resolved in the final plat process. Tne Public Utilities Board (PUB) nas recommended, in concept, that the City pay its share to oversize. A copy of PUb's minutes are attached. During final platting the PUB will be asked to ` make a recommendation on an oversizing contract. i - I I i Z-89-UU3 Page 5 SPECIAL INFORMATION (continued) I Drainage: Major drainageways are in the natural j channel of Pecan Creek. Minor it drainageways are being addressed according to the Subdivision and Land Development Regulations using concrete pipe or channels. Channelization of the major drainageways is only proposed at bridge structures. The drainage system meets ordinance requirements. The relocation of Lakeview Boulevard Trees: will save a grove of trees in Tract 16, Block 9. Appruximately 43 protected trees and several 4 to 6 inch trees are in the grove. Approximately 123 protected trees are in the path of Lakeview Boulevard, Generally, these trees are dispersed, except at the beginning of the boulevard. The j landscaped median will contain approximately 100 trees. All tracts i have protected trees, especially the open space areas and the school park i site. f Removal of protected trees, to include those on residential lots, will require Tree Removal Permits which would be I issued at building permit stage or through approval of a Landscape Site j Plan. Removal of protected trees in + ROW or utility easements may be approved in the final plat process. The 'free survey is attached. Open Space: The plan proposes 17.8 acres of open space to be owned and maintained by the developer and/or a lomeowners association. It will be developed for only passive use, which may be one or more of the following: bike trails, hiking trails, open fields, picnicking and other similar passive recreational uses approved by the Development Review Committee. I i 4 -Bd-U03 Y~ge 6 SPECIAL INFORMATION (continued) A homeowner's association agreement is attached to the Development Standards and will become part of the adopting ordinance if the proposed detailed plan is approved. This should be required to insure the maintenance of the open space. Tne existing concept plan allocated IU.0 acres for the school/park site. Currently, the site is 19.1 acres with approximately 2.55 acres outside of the floodplain and potentially 2.8 acres which are out of the floodway that, can be filled. Screening: A screening buffer has been provided between Swisher Road and Tract 18. The pruposed ouffer is 6 feet 6 inches high and 30 feet in width. It will nave both a wood and brick fence and a large evergreen shrubs. Attached is the design concept of this screen. The petitioner has added a buffer design on upper Swisher Road at the request of the neighbors. This addition is j addressed through a note on the detailed plan, Sheet 2. The Planning and Zoning Commissioners did not make a formal request for or approval of this design but the issue was raised during their public hearing. The petitioner has provided a typical median landscape treatment to be used along LaxeView Boulevard and the entranceways to the tracts. The design is acceptable to the Parks and j Recreation Department, who may ultimately be responsible for its maintenance. All other landscape 1 requirements will be addressed through the city's Landscape and Tree Preservation Ordinance. 11l I k E J T-W i f yyrT C u t M 1-89-003 Page 7 IlISFUKI The property was annexed in 1984 and 1986- In December of 1984, J the city Council adopted ordinances establishing Planned Develop- ment-88 for SF-7 and estate lots on 17.1 acres and Planned Devel- property ylofor catedr~at manufactured rsouthwestgcornervofiPockrusyand Swisher roads. '0,.e Planning and Zoning Commission recommended approval of the creation of a moderate node at the future intersection of Colorado Boulevard and Lakeview Boulevard on December 16, 1987. 'Fite City Council in February of 1988 denied the request for creation of the node but indicated that they would consider the request in conjunction with the zoning propusal. A request for zoning was scheduled but withdrawn from the June 8, 1988 Planning and Zoning Commission agcnla. [he Commission held a public hearing on July 27, 1988 to consider a change in zoning on this property; liowever, the petitioner requested that the zoning case be tabled in order for concerns of the neighbors to be addressed. On October 1B, 1988, the City Council approved a concept plan for 414.9 acres which identified this property as the first phase of j the Southview Development. N ~ I ANALYbIS The Staff believes that the proposed changes frow the approved j concept plan for the number of lots and the acreages are ap ropriate as they are the result of moving Lakeview Boulevard and maMaining the natural drainage system. l'he proposed change in minimum lot size for the Single Family-lU tracts from 101000 to 8175U square feet is reasonable as the average lot size is 11,000. The Council may wish to maintain the existing minimum lot size. ]'he conditions recommended by the Planning and Zoning Commission which are identified below have been incorporated into the Development Standards portion of the adopting ordinance. - E I 1 F low e N Z-8y-UUj 'W Page d RECOMMI:NDATIUN Planning and Zoning Commission recommends approval of Z-89-OU3 with the following conditions: 1. Except as provided on the Detail Plan, the Boulevard J concept, and the Buffer concept, the standards and requirements of the Landscape and Tree Preservation and Sign Ordinance shall apply to this Planned Development. 2. Trio 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 Boulevard and Streets B/F and Pockrus Page Road and Creek Crossing Drive based on an independent traffic, engineering study I that establishes the need and justification based on the k IMUtCD Signal warrant 1-8. The proportionate share will + f be based on the traffic generated by RMB Realty, Inc. development as a percent of the total. RMB Realty, Inc. i will pay the proportionate share of the independent traffic engineering study. 3. The petitioner snall install conduit for signalization at the proper intersections at the time of roadway construction. N ~ J r ALTERNATIVES 1. Approve petition 2. Approve petition with the Planning and Zoning ( mmission's conditions 3. Approve petition with additional conditions 4. Deny petition S. Delay final consideration I' i I 1 ti th' . a~ Z-89-il03 Page 9 AT'PACRMENTS 1, Location Map Chart Southvtew Comparisons g Concept Plan 4, , Detail Plan s, Buffer Concept 6, Boulevard Concepts 7, Development standards trictiuus g, Summary of Toning s 9, Phasing Schedule 10. Summary of Land uses 2-89'403 j 11. Ordinanace 88-166 12, 'transportation lmproSeaRi~~rylSewer Plan 13. Preliminary Water 4 14. Tree Survey Commission Minutes-June 21, 1989 ls Planning and Zoning Comm 16. ordinance i I ~ i i 2560j I P E A ~f~~hmeh f ~ t 89 008 MOAT 1 DENTON ` E1 J ETJ 1 AF ' . jSF- 4jV PD•99 f A _ L PD-132 f ETJ I araar.va.+.A>, ~1 ,f _._....~..1.._._~ cc ry A ' PD-102 P6 32 to Aa!° KRUS I ~QG pAi~tt,~.r ; i a~ ~V 00 S•119 ~ i *a•: O~ I 4 I rt ylr, i r BiIADY`SHOM 7F y,,e \1 \ I 7~jl III ' . SCALE ~doNE DATE 7 2G'6f1 p ' t ` a ~r n 1 SOUTHVIEW COMPARISONS I LAND I ACRRS I POPULATION( MAX: UNITS( UNITS/AC 1OPEN SPACE I MIN. LOT I MIN. LOT I MIN. LOT 1 ! USE I I I I I I SIZE I DEPTH I WIDTH I TRACT 1 188 1 189 1 88 1 189 1 '88 1 189 1 188 1 '89 1 as I '89 I 88 1 089 1 188 1 '89 I '88 1 189 1 '88 I 189 1 I Singlel Singlel I I I I I I ! I I 17,000 1 70000 1 1 1 1 1 10 1 Familvl Family! 31.71 32.31 408 1 393 1 136 1 131 1 4.3 1 4.061 0 1 0 lag ft Iag ft .1 100'1 10011 60' 1 45' 1 I I I I 1 I I I I I I I I I I i I I I If 11 1 No ICHANCE I I I I I I 1 I I I I I I I I I I f I I I I I 1 I I I I I I I I I I I I 12 1_ NO ICHANCE I 1 I I I I I I I I I _I I I I I 1 { I Schooil Schooll I ! I I I I I I I I I I I I I I 13 L Pdrk I Park 110 1 19.31 N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A I N/A 1 I si.glel Singlel I I I I I I I I 1 119,000 1 80750 1 1 1 I 1 _ 14 1 Familvl Familvl 41.11 32-81419 1 330 1 131 1 103 1 3.2 13_131 0 1 0 lag. ft. lag. ft.1 1201( 10011 70' 1 45' 1 I I I I I f I I I I I I I ( I I I I I 15 I NO !CHANCE I I I I I I ki I i I I I I I I I I I I Singlel Single' I I I I I I I I I 17,000 17000D I I I I I. 16 1 Pamilvl Familvl 35.41 43.31 456 1 489 1 152 1 163 1 4.3 1 3.761 0 1 2.8 Isq ft Isq ft, 1 10011 10011 60' 1 45' 1 I Singlel Singlel I i I I I 1 1 ! 1 15 ) 70000 1 71000 1 1 1 1 1 l E 17 1 Pamilvl Family 150. 51 44.31 651 1 270 1 217 f 90 1 4.3 1 2.031 0 Iacrealsg ft lag ft 1 10011 10011 60' 1 45' 1 1 Singlel Singlel I I I I I I I I I 110,000 110,000 I I I I I 18 1 Pamilvl Familvl 11.41 10.91 415 1 73 1 36 1 23 13.2 1 2.111 0 1 0 1sq. ft-lag. ft. -1 17011 170'1 70' 1 40' 1 TOTAL I I I I I I I I I I I I I I I 1194.1L196.712,04911,5551 672 1 510 1 3.461 2.591 0 1 15 DIFFERENCEI I i I I I I I I I I I I yj _ I I 1 1 -2.6 1 -4941 1-162 1 1_.8671 1+17.81 Note: Maximum building sq. ft., FAR, building coverage, height, typical size, front, rear, and side yard, parking, and r persona per unit are not changed. J 32779 i I J ~~ch~enf 3 i Q//k 2 I •{I/A~ 1 ' ILOIN, I 11.1 d. CaOPAOO ~l a•w O~L~" Ll I O.R. c 11.1 Ae V.7 I1.1 Al 3 ~ O w s 11.1 A1. Jam," Fr C.F. Park --J e V•7 It I 10 / K NO IS N.l. 4 11.1 As., 641141NM~ I21 AI. 13 W-10 I I POCNRUSS OAO 11. A1. trN , le U-7 to I A4. ~Nt~ r/V•16 /t/ le V-7 1! 0 A1 'il1 v Y~ 111 Al 0100100 100 1100 Cenaapi Wan Fon C BOUTHViow Planned DaralaplnaM ~VJE Denton, TaX!! OWNERS rAVELOP03 UN A ``IUNGESSIN RMS. REALTY, INC. IKAN51 R1NN10 FIRST CITY DANA TOWER ,r •r ~r NiF •wrraMyw ♦r 101 MAIN STREET, $UTE 2120 FORT WORT14 TEXAS 74102 M 11MIR 0.3•11 16171 212-1433 3-r I 2L 4 ~~4''11vr~w ~ i r. . • _ JJ • t . ~ 1 T ~ 6f~w.f i ~ O""(•l~~ i II S i. II 1 ~ r HAY .a 1 {kk`` I i \ f worsT PLAN WUTH V IM W OwvpLw~ ~p~l~ rr AMl.. w~ ra1Mr~4a4Yra ~1 lallY. RMr . . 1: .,ti • ~ 114 Mr w. YAl ti ~Y~ r •.I , r n H! 4~ i i 4 4N 4M ~r.wl. M7 .M ♦ 44l \r 11• 4'r 14 \ Y I II M w'~ ~^•Y NY 1Y. .4~.1. 141Y r.M 1 1 I IE i {~rlCti~~erif h i'yn \ t-' rl 1 r li 1~I R;~I ' Ili '{i 1 1 , ~ • ' i II, 11 i 'I I ~ { III; ~ ~i~ ~ ~ f I ~ .1 11 w ,t,t,y~ ~ ~ I1 _ ~ 1 I T , st, , o~•• -s._,__^r.a1 t 1,11 I III ~ li~~~ 3 II r` I~~ 'wJ to nJ T 0 • .li' 1.11 1 ~ t r7 , .~~~.ct -1 I 1F • 1 ~ , Y 1 ~ 1 - I 1 ] f I I~~ r I C yy~; , 1' ~+~'.+..'-r-~-.~~ ~t..P 1 it 1 ~ 1 1 { '1 ~ 111 1 ~ f Ir S ~ i\ ,,~J' eaVf.~..4: L t~'A ' ~rl A f • ~ / ~ ' N.. ' ~A...• , • 1;11 ,po I.Ff ~ -i 1r .rl• ~ L , ! `~,l Y ~ ~ }1 11' 'I y IF 11}1 r r~ ~1 I{ It' I !6~ /i i.! I ~ I ill I i]i ~ i'j j1 ~H°'~~ ~fl~'', ~ I I ;I 1. 1 I, : 10- 1~rl i--:myRj I h i S 111 I 1 ~ I Dom r1Aw roll: I V I 1 V I 1 J~n~.- - - I 1 'fin P,' lM . 1 4 1 1 . V V V I 1, 4 1 ~ 1 ~ ~ 1 1 r. 1 _ ' r [ ~ [ r 111 ~ , I 4 J11 ~ ~1 1. I ~ •i T 1 1 11 (I k.. ~..:.,,•,y,, i t 1 , jL ~ '~rrr- F $ F( i'J 1~ If I ~fl~j ~i f _.7 ,.'1_ ..r ~o,I~, i~~.lC I11 ^ v G 14 21 " ° O . ~ f I } '491 " 1 ~L Ll ill ` I\'~ 1`'4. Ifi J q •r.~j~ ,j ~j~ 1 Hit 1 I ~ p f I ++11 ~ ~ . .1 1 0 11 .il ~i• ~ 1~ 4'" 1~:."r t ~ 1' a. a el 11 _na ~ r 1 1 r f1 t~1\'. i I{I~ + 1I I': 1 .111 11 11 1'I 1,' ; 1 n 1 • s 1 i ' III 1 rI `~I I~ ~ ,A. r•~ II II 11 ' I . 11,1 \,I II 10 j 1 , _j*~,'~' ht i Z'~1 e'f i 1 i ;{jl 1 E~i~~ ~E iE! ~pE ~r R.•1w-:..in -iunr 'wlw.n~wl r ~ ~ 1 N -~'s~All."L ~ ~1f717111Y11'N war,on~! „ ~:L~ii~l~ I ~ 3 ~ x ~//Ac4mef,7~ F 1 Q 4, I ! IL V J • f T I i 1 F i f i ~~in~~x }y~ S i V y 5 » ,V,/M M/ w YYIW 4lL~ I W II lJ Yi,Y K14~~ ~ . .IwNaNw N% ~ / YI u' 1 Ii w u' ` y + . ' Ili r'~wJ ^"'Kq 11 ~f I I r 1111 ~ ~ ..,.,,w~. ~ Mf111IMr~Y.IL `4~ ~ ~ ~ , 11l[ f«/Y~wlw I ti. ._.-.-Kb.Y i I 1~Iwl. ) `"►Ir {'JJ r ~ I I I ~a 6\ 1F1 51l~ TyPbr viva SNOtlun KYL f. N ~ ~ ~ ~Y IIIlI ~M.r.rK lrw•Ylw.w 1 oI I..I~I..~~..... Coggin it • Lakeview Wvd •\,l r KYI POP- girl fill MOMEVAPO CONC\PTO POM I,1py ylr~£"a L' V% Orl X,,' Plnvrd LhvebPlnont Oenten, To"* /ril11 1-1\ 11 YIII, 1 I 1 I( r~ low S ` Y y R tlachMe.n 7 A DEVELOPMENT STANDARDS DETAILED PLAN August 9, 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 tot the physical relationship of the site to Lake Lewiavi- 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 space greenbelt as well as providing -jark and school facilities for the region - - 2. Statement Indicating Relation to Denton Development Guide: The intention is a quality development for Denton in accordance with the Denton Development Guide. 3. Total Number of Acres in Proposed District: 184.2 acres. - 4. Land Uses and Total Number of Acres in Each Parcel or Tracts Total Proposed Acreage k M a. Single Family Detached 163.6 b. Single Family Attached (townhouses, cluster, etc.) -0- c. Attached Patio/Garden/Zero Lot Line -0- d. Duplex -0e. Multi-Family -o- f. Office -0- g. Neighborhood Service -0- h. General Retail -0- i. Commercial -0- J. Light Industrial ~ -0- k. Heavy Industrial -0- 1. Other (specify) School/Park -U- Major R.O.W. 20.6 TOTAL, 184.2 ~-t r Development Standards Page 2 5, Off-Site Information - adjacent or surrounding land uses, zoning, streets, drainage facilLties, and other existing or proposed improvements, (Shown on detailed plan,) See adopted detail plea or preliminary plat. 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. (Shown on concept or detailed plan.) See adopted detail plan or preliminary plat. Traffic signals snail be located at the following: Lakeview Boulevard and I-35 Service Roads, Shady Shores Road, Streets B/F, Poekrus Page Road, and Creek Crossing Drive. The signals shall be installed when warrants are met as specified by MUTCD, revised September 18, 1988. When warrants are met RMB Realty, Inc. will pay their proportionate share of the cost to construct the traffic signals at Lakeview Boulevard and Streets B/F and Pockrus Page Road and Creek Crossing Drive based on an independent traffic, engineering study that i establishes the need and justification based on the 'fMUTCD 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. MB Realty, Inc. will pay the proportionate share of the independent traffic engineering study. The petitioner I~ shall install conduit for signalization at the proper intersections at the time of roadway construction. I % Projected Traffic Generation. (Based on traffic study, if required.) I See Traffic Exhibit (Attachment 1). 7. Buildings: a. Approximate location. (Shown on concept or detailed plan.) f b. Maximum heights 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. d. Nuximum gross floor area (square feet) for nonresidential: See "Summary of Zoning Restrictions" on adopted detail plan. J1 1 II 1 g fl Development Standards h Page 3 8. Residential Subdivision: a. Number of units per acre (density): See "Land Use Summary" oa adopted detail plan (Attachment 3). b. Number and location of lots: (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. d. Minimum front, side and rear yard setbacks: (Shown on concept or detailed plan.) I See "Summary of Zoning Restrictions" on adopted detail plan. 9. Water and Drainage - approximate location of all existing or proposed creeks, ll ponds, lakes, floodplains, other water retention or major drainage facilities 1 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 IU" in diameter - six (b) feet from ground level. (Shown on concept or detailed plan.) See attachment 6. _ 12. Open Space - location and size of greenbelts, parks, common and recreational areas. J (Shown on concept or detailed plan.) Shown on preliminary plat. To be owned and maintained by the developer and/or the ` homeowners per the Declaration of Maintenance Covenants (Attachment 1"7) It will be developed for passive urea only which may include one or more of the following: bike trails, hiking trails, open fields, picnicking, and other i _ miiilar passive recreational uses Approved by the Development Review Committee. II I , 1-3 1 1 i X Development Standards Page 4 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 Scuedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and complete construction, and rate of \ development, All dates should indicate month and year. + )f See Attachment Y9, ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN 15. Landscaping Plain - major features and types of landscaping to be used. See exhibits (Attachment 10). Additional landscaping per City of Denton Landscape and Tree Preservation Ordinance. 16. Signs - show location, type sad size on detailed plaoj 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 (Denton Development Code) of the Code of Ordinances. (A separate plat is required.) i 19. Development Schedule (detailed plan) - indicating start and completion of i construction and the rate of development. All dates should indicate month and year, See Attachment 09. 256Uj/10 ! ~ t 8/2e/8S _ REVISED 10/19/88) (UPDATED 8/2/89) SUMMARY OF DEVELOPMENT PLAN ZONING RESTRICTIONS - SOUTHVIEW DIlr11 K:T NET AVE11AN LW rolOAL LO W LO MM MIADINO MAX INFIIO7IATION Una ANA P1113% LApT 07 II OIFM WIDTH O0YE11AOf. 091]4 {10R IES / FRONT I MIN TIDE MIN NE IN FAUN MIN fRlN L14TO MAX AL w Fr YAK Yme vw F/DU oft vACE ►!N po b OINOLI Finay-1 !1 / x.000 If. 0 ! 11 T00 00 OS; NA f NA 64 wz to ! ENa kA 1I u! L/ /1F N IOgE FAMII Y- Oft u1of all 1101111/ *0 40 N; NA 1 NA 00 10 I '10 ! EN0.0{E N A I! 101 so 001 V N S*ml FAIMLY-r {IJ 1.000 LF. 64 I tic top 40 N§ NA ! NA 10 102 M 1 F11pL00E NA 0J 100 S,0 an f Ir OINQ! FAMILY-r u.I 7.000 IF. N ! It 100 /p N% 1 NA ! NA to 10't f0 ! [NLT, O&M NA {I ISO {o up J , N 104E FAMILY-f0 10I 10.000 pFtl100 a I! 100 10 Nk NA ! NA f0 f0Y 10 2 ENCLOSE NA 01 is {p III t1 H MLLTI-FAAA YI l1 1.0 NA NA NA NA 40Y IIA p NA !0 10' MIN IE►EMTNkI M t.F$ 00 f{ !00 !I 000 n t! MI0~OM1pp0 IMYIDI ,sl {.o NA NA NA NA 00: 00,640 1 p.1{ 10 10 10 11100 lIF . NA NA NA NA NA OMWIa IIL1 !.0 NA NA NA N.A I0'4 Woo f 0.10 !0 f0 10 VI00 I.F. N.A NA NA NA NA to IpCCL/FANI [01 t01 NA NA NA NA NA NA NA NA NA NA NA NA N.I NA NA NA NA WJOA AO W. #of MA NA NA NA NA MA NA NA NA NA NA NA NA NA NA NA NA rofft l1r1 {{0.000 11 111 W"MIT/ r$ACAP0IIWM OMIVyR W01rA1 LOW W111M, NWN NO /1 TNII 00 OMf 11110/{ I0lA4L » I - 0{{ 1064 ill A1M11M ■ "If IMtMYI AoJO NO Amltghl 0m MN to PAN loom I I11 {ffAA RNM 10 N 8ylII710 LATH p1111/W1 M MlT111p W ft~ 6041IN;0 LII AVI l"I LOT II to • IkNI S.F. f0,/N 111. - II,IN SJJ I 1 1 t ATTACHMENT 9 I SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE PHASE 1A SITE PLAN CONSTRUCTION { PHASE TRACTS ACREAGE SUBMITTAL/REVIEW START I IA 10, 14, 184.2 March 1989 Nov. 1989 1 16, 17, S 18 IA 11, 12 14.0 July 1995 Jan. 1997 5 16 IA 13 19.1 (See NOTE 3) NOTE: 1. No building permits shall be granted for Phase 1A multi- family or neighborhood service uses on Tracts 11 and 12, and Phase IB, Tract 15 or any additional phases until detailed ! development plans and utility plans illustrating water distribution systems to satisfy fire protection requirements are approved. No certificate of occupancies shall be e granted for multi-family or neighborhood service uses on + Tracts 11, 12 and 16 until water distribution system is 4 approved. 2. Open space is to be owned and maintained by the developer j and/or the Homeowners Association and is to be developed for passive uses only which may include one or more of the following: Bike trails Hiking trails Open fields Picnicking And other uses as approved by the City of Denton 3. Detailed plan for Tract 13 will be submitted after property f dedication. I i a F ATTACHMENT 98 SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE r^1 AUGUST 26, 1989 (Revised August 8, 1989) NET % OF SITE PLAN CONST PHASE TRACTS ACREAGE PROJECT SUBMITTAL/REVIEW START j IA 10, 14, 184.2 49% March 1989 Nov. 189 j 16, 17 a 18 j IA 11, 12, 14.0 4% July 1995 Jan. 197 E a 16 E f IA 13 19.1 6% IB 6 - 9 36.5 9% March 1992 July 192 { II 1 5 124.9 33% March 1994 July 194 j 378.7 acres 1 f Detailed plan will be submitted after properly dedication. i 1 k { ~NIf~1 T 1 ~ to P: LAND USE SUMMARY F&OUM ACT. ACT. ACT. OPEN SPACE FlOWE6 1w r LAM U5E ACRES WITS DU/AC IN ACRES PERIDU FVWTICN 10 9-7 :.3 131 4.06 3.0 393 11 MULT14 MILT D.0 200 25.00 2.5 500 12 NEIGH. SERVICE 4 0 • - 0 SCW&IPAFX 19.1 - - 13 SF-10 32.8 103 3.14 - 3.2 330 15 NEIGH. SERVICE 2.0 SF-7 43.3 163 3.76 2.6 310 4139 17 SF-7 44.3 90 2.03 15.0 3.0 270 :9 EF-1J 10.9 23 2.11 3.2 73 1 rA)OR STREET R.O.W. '0.6 TOTALS 217.3 710 17.8 2055 1 1 j I, i ~ffac~menf NO._ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 17.1 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 84-180 (PD-88); REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 49.41 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 84-181 (PD-89)? PROVIDING FOR A CHANGE 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 DEVELO PKENT DISTRICT (PD-132)1 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. I WHEREAS, by Ordinance No. 84-180 and No. 84-1811 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 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 land requested to be rezoned are proposed to be included in and be a part of a single planned development district; and I WHEREAS, the applicant is requesting the approval of a new concept plan for the entire 414.9 acres to be included in the new districts and WHEREAS, on September 14, 1988, the Planning and Zoning commission recommended approval of the request for the change in zoning and the approval of a new concept plan for the expanded district; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DLNTON HEREBY ORDAINSi Z-1861/PACE 1 1 ~-I 4 ~Y q sFCTION I~ That Sections II and III of Ordinance 84-180 (PD- 88), respectively imposing conditions and providing for approval of a site plan for the planned development district therein created, are repealed. VSJ N II. That Sections II and III of Ordinance 84-181 (PD-89), respectively imposing conditions and providing for the approval of a site plan for the planned development district therein created, are repealed. FCTION III. That the zoning district classification and use designsation of the 348 acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from agricultural to planned development "M1" zonin district classification comprehensive zoning ordinance of a the City of Denton, Texas. the cFCTION IV. 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 containing 414.924 acres of land, as described in Exhibit "C", attached hereto and incorporated herein f by reference (Southview, PD-132). "&TION V. That in accordance with article 11 of Appendix B -Zoning of the Code of ordinances, the concept plan described as Exhibit ",forattached the 414.924 acres of land incl ded in the district. is approved WC710_ VI. That the district herein approved shall be subject to the following conditionst 1. Information fo Datnilad Plans. All information that was not required to be shown on the concept plan, as otherwise required by article 11 of Appendix B - Zoning of the Code of Ordinances shall be submitted with any detailed plan for any property within the district. 2. Land Vs", The permitted land uses for each detailed plan submitted for any tract of land shall be as defined or shown in this ordinance and the approved concept plan. The general site etail laneighbborhood requirements and community e facility general # r ("nonresidential uses"), have been waived at the concept plan stage. The uses provided for herein for nonresidential tracts Z-1861/PAGE 2 I I ~I 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 1 shall be permitted in accordance with the detailed plans approved for those tracts: Alrto laundry. Auto sales and repair (in building). Gasoline service station. New auto parts sales stores. Antique shop. Bakery or confectionery ship (retail). cafeteria. i 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 na(self service) raor cleaning og p , iory$ or letter shop. Mortuary or funeral parlor. offices, professional or administrative. Licensed private club. Restaurant. Retail stores and shops. II Studio for photographers, musician, ertist or health. Secondhand store, used furniture or rummage sale. (b) Neighborhood ood ,Service. For any tract designated for j neighborhood service (NS) use on the !oncept plan, the following uses shall be permitted in _.)rdance with thn detailed plans approved for those tracts: Bakery or confectionery shop retail. Cleaning and pressing small shop and pickup. Custom personal service shop. Drapery, needlework or weaving shop. Florist or garden shop. Z-1961/PACE 1 I 3 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 Facility. 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 13, 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. ggad Utility-District, No road utility district shall be created or utilized to fund any construction of any street located within the planned development district herein defined. ~ I SECTION VII, That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19690 as an Appendix to the i Code of Ordinances of the City of Denton, Texas, under ordinance { Z-1861/PACE 4 J E ~ i .a §A. E No. 69-1, as amended, 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 day of ZQ:4&.-r 1988. T RAY ST HPf S, MAYOR 3 ATTESTt J iI E WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORHr j DEBRA ADAM DRAYOVITCH, CITY ATTORNEY IIIk 8Yr . NN avy i i ~•I Z-1861/PAGE 9 s{ EXHIBIT "A" (1 of 5) LE;AL DESCRIPTION BEING A TRACT TF LAND SI%1 TEO IN r+E :IOEON VALKER SukVEY, ABSTRACT NO 133O.CENTON CC% Nrr, 7-9;S t',0 aEING P:RTI:N :F r-AT CERTAIN TRACT OF LAND AS DESCRIBED BY DEED TO NEAL J. rINNERELL; :NO Ss" rl.'.;RELLO AND RECORDED IN DEED JOLUME 488, PAGE 57°, COUNT' RECTRDS, O:Nr^N 'E,:S 'O a°ING HERE PARTICULARLY DESCRIBED BY METES AND BOL-iOS 1S FOLL:'wS C;-HENCING ,T A I',Cti IA1'+ FOuNO At THE SOUT+4WEST CORNER OF SAID rINNERELLO 714:% SAID 01I41 BEING IN THe -,ORT^E40 R11Hi•OF-WA1 LINE OF SHADY SHORES ROAD; T~SNCS S 30' '4' :6' E, -LONG T-E SOUTHERLY LINE OF SAID rINNEAEtLO TRACT, ALONG r0E -.OATHEALY RIGHT-OF-TAY LINE CF SAID SHADY SHORES ROAD AND GENERALLY :LONG A FENCE 340.82 FeEr TO A 5,8 INCH IRTN ACO WITH CAP STAMPED "CARTER t BUAGESS" SET, THE :,%:ia OF BEGINNINC OF THE AEREIN DESCRIBED TRACT, SAID POINT BEING THE BEGINNING JF .,'.ON• 1 '641:47 CJR,E TO rwe LEFT J THENCE ALONC SAID NON•rANGE'Ir CJRVE To THE LEFT, LeAYING THE SOUTHERLY LINE OF S.;ID FI%`%cM Ll0 TRACT ALSO THE NORTHERLY RsOHT•OF-WAY LINE OF SAID SHADY SHORES ROAD AND iH2 FENCE LINE, 10 : ',ORrm!AStERLY DIRECTION THROUGH A CENTRAL ANGLE OF 02 15' 51", A RADIUS OF 337.00 ;EST, -N ARC LENGTH OF 35,45 FEET AND A LvNG CHORD OF N 15' 46' 26' E 3S-45 FEET rT S ,-3 INCH IRON R.OO '41tH CAP STAMPED "CARrEA i BUAGESS" Set; I 1 j THENCe N 14' 38' 30' E. 573.64 FEET TO A S/8 INCH IRON ROO WITH CAP STAMPED "CARTER c BURGESS" $Sr AT THE SOuT"E111L4 LINE OF M. K. 4 1. RAILROAD RIGHT-OF-WAY, SA10 POINT BEING THE BeGINNING :F ; .ON•rANGENt CURVE TO THE RIGMt; I THENCE ALCNG SAID ',Cr•f:NGe-Ir CJRYE to THE RIGHT AND ALONG SAID RAILROAD 4IGHT-OF•,4AY w IN a 50UT14EASTEAIY JIRECr10N THROUGH A CENTRAL ANGLE Of 04' $11 22'-. A RADIUS Of 1441.53 ; FeET, ;N ARC LENGTH OF 124.32 MT AND A LONG CHORD OF S 59' 27' 05" E. 124.76 FEET TO A 5/8 INCH IRON ROD oiTw CAP STAMPED "CARTER i BURGESS" SET; THENCE S 14' 38' 30' W, LEAVING SAID AAILAOAO RIGHT-OF-WAY, 539,49 FEET TO A 5/8 INCI 11014 ROD W N CAP STAM►EO "tAArER B BURGESS" SET, THE BEGINNING OF A CUAYE TO THE RIGHT; THENCE ALONG $410 CURVE TO THE RIGHT IN A SOUTHWESTERLY OIAECtION TMROUGM A CENTRAL ANGLE OF 010 25' DS'-, A A:OIUS DF 1017,00 FEET, AN ARC LENGTH OF 25,17 ,EET AND A LONG CHORO OF S 15' 21' 01" W, 25.17 FEET TO A 5/8 INCH IRON ROO WITH CAP SIAM 0 "CARTER i BURGESS" SST IN THE NOATM94LY RIGHT-OF-WAY LINE OF THE AFOREMENTIONEO SHAD, SHORES ROAD, ALSO THE SOVTHERLY LINE OF INS AFGAEMENtIONEO TINNEREILO TRACT AMC ALSO A FENCE LINE' THENCE N 80' 14' 06" y, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SMAOY SHORES ROAD, ALONG THE SOUTHERLY LINE OF SAID TINNEAELLO TRACT AND GENERALLY ALONG A FENCE LINE, 120.83 FEET TO THE P0141 OF IEGINNING AND CONTAINING 1.410 ACRES OF LANOI MM OR LESS. Z-1861 a j ~ EXHIBIT "A" (2 of 5) 'filler of rcxis Fr EI.D 1 0'CES i ,ill that certnirs tract or parcel of lnnd situnted in the Gideon 'lni4er survey, Ahwtrect 'lusher 1330 and the V. Durhnm Survey, Ahstrnct 'lumber 3JO, Penton rnunty, roxas, ;,nd heinq ,ill of a coded first and secnnd tracts descrthed in n (feed from Ceorjo J. Ilopkins to Coorne Rop'clns, Jr., et n1, ns recorded in Volume 414, page 65, Reed Records and nit of tract described in a deed from '{.J. Rod,ly, recorded in Volume 13",3, nneo (ill, peed Records and all of o tract described in a deed to Arynm Uovid Sm+ers and llarhnra Jean Sn+ers, Volume 1069, pale 313, Deed lecor(is nsd all of n tract described in a deed to Steven A. Violins, et ux, Volume 1510, pdge 31, Real Property Records and all of a tract describer} in a deed to Virginia Lee Jowler, Volume 996, page 91t, Itcod Rncnrds, -ind all of a tract descrthed in a deed to Dovid D. Vn V';h, Vn iilonn 1)'16, papa, 927, Oeed Records and port of n tract describer( in n decd to Pn,voond Lee ('rimes, Volume 1411, page 654, Ranl Property Records and part of a tract described in a deed to L. Fulton, Volums 2612, pnle 424, Deed Records of satd Denton County, 'rexns and hetna more fully described as follows; Oelinning at a steel pin near the south line of Pockrus Road where it intersects with Swisher Rood and being the southwest corner of said George Ilopkins first tracts j Thence ilorth 00 degrees 06 minutes 04 seconds East with the center of Swisher Rood and with the west houndory of said tract a distance of 1520,87 feet to a steel pint j f 'thence ;forth 99 degrees 50 minutes 58 seconds East along and near a fence a distance of 1635.55 feet to a fence cornert Thence 7orth rM degrees 41 minutes 35 seconds rast a distance of 320.19 Cost to a 211-inch Oak treat rhence North 11U degrees 08 minutes 51 seconds Vest a distance of 1166.92 feet to a steel nine Thence North 0) degrees 33 minutes 17 seconds Nest A distance of 1130,29 feet to an "x"-tio for a fence cornert 1 Thence Borth R9 depross 29 minutes 03 seconds Fast a distance of - 1261.49 feet to a steal pint 2-1861 C -2- I .g :x ti tit 4 J.0.0-7628 continued EXHIBIT "A" (3 of 5) l,nge 2 fl+ence north 00 deireeq 40 minutes 16 seconds 'lest a distance of 93.55 feet to an iron pin nod the start of a curvy to the right whose radius is 1440.0 fe-:P.; Thence with sold curve a distance of 552-92 fact (Centrni angle 22 an distance e pi549.53 n and the t end oofhsaid minutes (1corces 00 degrees 19 minutes45 00 seconds, sfast) chord curvet Thence 'dorth 7.1 Anrreeq 19 minutes 44 secondq Vist n digtnnce of n ~i7R-G9 feut to n iron pin, and hetnq on n lino ~fa01 of snidnDeed the City of Dallas nod recorded in Volune 212, p Re 5 ,lecordgl I Thence South 70 de!lrees 46 minutes 39 seconds Gnat with sold City of Dailnq line a distance of 250.0 feet to a concrete 11onument Number P-237-11 and on the east line of said Gideon Walker Survey and the west line of said W. Durham Surveyl ument ?lumber 4P-236-14 feet to U.S.grArmy 3Corps uofsEn32 secos gineers llonCast Thence 1164.14 South for corners Thence ltorth 79 decrees 33 minutes 36 seconds Fast a distance of 244.92 feet to U.S. Army Carps of Engtneerq[domument Number P-235-W for a cnrneri L Thence South 53 degrees 01 minutes 38 seconds rAst a distance of 477.47 feet to U.S. Corp* of f:nginoers Monument Number P-234-W for e cornert 'thence South ail degrees 03 minutes 34 seconds East a distance of 385.97 feet to 11.S, Army Corps of F.ngtneers Monument [lumber P-233-AW for a corners Thence South 4L degrees 32 minutes 37 seconds FAst a distance of 302.15 feet to U,S, Army Corps of Engineers Monument Number P-233-W for a corners Thnneo Soutl 30 degrees 25 minutes 39 seconds Hest a distance of 359.62 feet to U.S. Army Corps of Enginoers llonumant Number P-232-14 for a cornert t i Z-1861 RECEIVED ~~~i LJ n ` 1+ f, i EXHIBIT (4 of 51 J•0•0•7629 continued trnge 3 Thence Rnnth 51 degrees 07 mLnutes s '{est a 41,1.09 feet to N S. 25 second Armv Carps of dlstnru a of for n cnrner: Engineers Ira,iu;,,ent 4umher I' 131- 1 Thence h 2 for 97 feet toW. S.le r,A ny ro2rp;nof Englneers Seconds for a corner; a distance of fianument ,a disp_ 230-11 Thence Suuth X19 degrees 46 minutes 47 seconds West a distance 775.94 feet to a fence poet for a corner, of ltne of said W, Durham Survey and the east said point belnq in the vest { I~ Survey= side of said Gideon Walker ' thence Sm+th f10 dogrers 23 rninntes 51 seconds Fast a rllstance of 765, 6A nionq the raid vest , o"'is 11ne off" line of W w Survey and the east said Gideon Welker Survey to an iron pins j Thence nuth ry1 dnrrees u9 minutes 62 se<unds r 17~ '55 feet nlonq tfre said west line of 'the V, Durha% Survey and the he heln,q theesouthenst corner Vfalkir to a 11opkins Surveys and from Ain, said point I Thence South 39 deyreas 05 minutes 22 secnnde West along fence and with the south y ae a distance of 3550,65 feet utnaPoletn nf o fesaid 19o8eH, okInsnSurvey 1 acro's' 9, c Ontalninq 301,913 ~I i r 2-1861 .4- 1 RECEIVED JAN I 1 1%3 ' I J i i 4 ~ r f i LEGAL DESCRIPTION EXHIBIT "A" (5 of 5) All that tract of lend situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas, said tract being that f 44.710 acre tract described in a dead to Oak-Scott Five, Ltd. as +i recorded in Volume 1112, page 448, Deed Records, Denton County, Texas, said tract being more particularly deseribed as follows; BEGINM NG at the northeast corner of said 44.710 acre tract, being a point in Page Road; THENCE S 02' 08' 53" W, 1168.42 feet to a point In the northerly right-of-way line of the N. K. 6 T. Railroad; THENCE N 45' 40' 33" W, 275.93 feet along said northerly right-of-way line to the beginaing of a curve to the loft; THENCE 767.02 feet along the are of said curve to the left and along said sight-of-way line, through a central angle of 28' 28' 59", whose radius is 1342.93 feet, the long chord of wbtch bears N 59' 55' 02.5" W, 759.13 feet; THENCE N 74' 09' 32" W, 213.79 feet along said right-of-way line to a point; THENC9 N 02' 26' 18" Is 1386.69 feet to a point in said Page Road; THENCE S 81' 16' 20" Is 1077.59 feet to the POINT OF BEGINNING sad ~ j containing 44.110 acres of lands ` I j I i a I I ~ 1 1 i n,. k R Y, r EXhl BIT "B" 1 CONCEPT PLAN FOR SOUTHVIEW, CONSISTING OF: 1. Conceptual Site Plan (1 page); 2. Development Standards (4 pages); 3. Summary of Zoning Restrictions (6 pages); 4. Phasing Schedules (23 pages); and 5. utility Exhibit (1 page). i ti i Z-1861 I I i ~OIrMY7•W ~ j I4 7+ .j _v- i 1 46 mmm Sal , ..rK:. I r c 7 _ r~ V l v n. NI♦ \ n4 PLAN Jam AU VIEW . M.6Mtt0 C~Vf~dMIR bW/tN~ ARY M ~ IW.r ,r Nr.~1~Y,1RARR .11,11Y~hY/YR !r•1.1.W IOIR y: jY/.~Y1riI~W ~ RY.r~0~gdaY ir!'~ R~+~ A-r.l.I l~r W~i~r .r rV r„ r ~~.I.MyWj V ti ~.OII N•~NIM.RYI Nr~ N ICI \willl Vr+~Y \.41 IRY N X~1~1, .N 11• .rry WNN J I S 1 t i DEVELCPMtNT STANDARDS CONCEPT PLAN 8-Z6-88 1. Scatrmenc of Intent of Owns': :ttw Planned Development (PD) is a proposed mlxed use development with euw cr:ial rei;eyntlai and open space land uses. Th+ development concept is in response ta; t;^,r physical relationship of the site to Lake :ewisville: compatibility and diversity of i Land uses* providing comm,:nity housing, employment and commercial activity; balance of transportation system w/land uses, public safety v/improved access 6 circulation; pro- viding improved watgc 6 sanitary newer system ; and maintaining open space greenbelts as well as providing park S school facilities for the region. 2. Statement indicating Relation to Denton Development Guide, Southview Planned Development (PD) proposes a reduction In density from the _ previously aporoved, Southview Pp, The intention is a quality development for Denton in accordance with the Denton Development Guide. I i 3. Total N400er of Acres in Proposad Districts 414.9 acres i 1 i a. Land uses and Total Number of Acres in Each parcel or Ttact, V Total Proposed Acresge a. Single family Detached 302.8 f o. Single really Attached (townhouses, cluster, ace.1 10.6 _ i C. Attached Patio/Garden/feco Lot Line _ d. Duplex e. Multi-/amily 16.0 _ f. Office 9. Neighooehood Service 6.0 h. Cenecal Retail 12.0 i. Commerelal - Light lnduetrial - k, Lleavy lnduetrlil 1. Mae 1AP00ifyl Park 18.0 School/Park 10.0 J 1 Comsuniey Facilities 3.0 Major ROW 24.6 Collector ROW _ 11.9 Total 4144 AC. 1 I F low J' a Palo 1 S. off-Sits Information - adjacent or surrounding land uses, zoning, streets, drainage (aCilitiesp and other exlstinq or proposed improvements, (shown on concept or detailed plan.) 6. Traffic and Transportation - indicate esisting and proposed streets, parsing lots, loading areas, sec u a points. (shorn on concept **-mVav"#x plan.) Protected traffic Generation. U ased on traffic studyp if required.) Refer to traffic study report r 74 8uildingsi a. Approxtmate location. (Shorn on concept or detailed plan.) b. maximum heightt Shown in Summary on Concept Plan i c. to ntmum aetbaeasi (shown on Concept Or detailed plan.) Shown on Summary of Zoning Restrictions i i d. maximum gross floor area Isquare feet) for nonr*sidentialt Shown in Summary on Concept plan i I I ` Residential Subdtvistont a. Numoer of units per act* (deasity)i Shown im Su=ary on Concept Plan. o. Number and location of loess (Shorn on Concept Or detailed plan.) To be shown in detail plan e. xinimum else, width and depth of loess (shorn on concept or detailed plan.) Show in P.D. Zoning Restriction Summary E d. Minimum feoat► aide and rase yard s*tbaCkas (sbown an concept or detailed plan.( f + Shown in A,D. Zoning Restriction Sum■A U I l T-0 -tr low s Page 1 9, water and Drainage - Approximate location of all existing or proposed crests, ponds, lakes, floodplalns, other water retention or major drainage facilities icility and improvements. (Shown on plan.) Ia. uCilttlas - location of all major saver, rater or electtital lines and UCllltles. ishc.n on concept oat'ok*V:?sd plan.) 11. Location of trees 3' in diameter - its (6) feet from ground level. (Shown on concept or voctiv;ed plan.) Tree maaAes are shown on the concept plan. Detail tree location is requested to be waived until detail plan review and approval process. 1 '2. open Space - location and site of greenbelts, parka, common and recreational areas. (Shown on concept e006e0000" plan.) The locations of ma or arks and reenbalts are indicated on the concept plan. Further detail will be shown at the time of preliminary platting and detail plan review and approval. 13. Screening - location, type and site at all fences, ,arms or screening features. (Shown on concept ocodot»utmd plan.( Sac applicable at this time. It is ce uested that detail screen deli n be waived until detail 1 review and a rove( 14 i la. Development Schedule (concept plant showing specific date detailed plan will be suamitted, date to start construction and complete construction, and rate of development. All dates should indicate month and year. Sea attachment for Dave lopmant Schedule i ADDITIONAL MQUIRS)QNTS POA A MAILED PLAN 13. Larmdscapinq Plan - majoe features and types Of laadacAPLA9 to be used, Not applicable at this time. It is ra uested that detail landscape architectural j design ba made a raqutramenc of the detail plan reviw and approval process. I I i I tr low 6 g s. t I ~ r Development Standards ?age s 16, Signs - show location, type and sire on detailed plan. othecvise, signs must conform to Article 17 of the toning'Otdinance. `toe applicable at this time. Any on-premise signs not in conformance with Article 17 will be describes. on detailed site plan as to location, sire and type. 17. Sidewalks. (Shown on detailed plan.) Not applicable at this time. It is requested ` that sidewalk locations be waived until detail site, plan review. 11. All information requited for preliminary plat in accordance with Appendix A , I (Denton Development Code) of the Code of Ordinances. IA separate plat is regalced.) 19. Development schedule (detailed plan) - indicating start and completion of me All dates Should indicate soatb construction and the rate of d walopme j and year. See attached schedule. Additional schedule information will be submitted in conjunction with detail plan and preliminary plat approval. I i ~ j I Il i i i f I f i i as 1/17 III low s 4 8/28/88 ( Revised 10-13-88 ) SUMMARY OF ZONING RESTRICTIONS - SOUTHVIEW 04 TNCT JET NN LAND AREA TYPICAL 00 lO] MIN. LO "IAA &ALr1O MAX MN oESA3NT1ON AVE{ PEA L"? LOTSRE IAA IL M. WK LYt PARKrAa MN. OPEN uriS PERSON 1WM COVEMQ • IRONT MP/ SOE REAR TOTAL SO IS LORE SI iAA YARD YAW P19 U.a SPACE MR MAX PER Mlp ^ P/SP. CI FA (ACRE S) ACRE errs OU yq. sPIaJE iAAar-N fIq lo,ooo tl, 61 . Ia IJO 70 ]sx Mu 1 NA xi 10% to INCIOS NA i ]2 J/I 71 /]S 10+012 iAAar•7 101A YAW {1. q A LIE 100 b 5571 ILA ! ILA t1 /Of 10 7ENClOSf //A 4.7 {00 30 2,r 00 IPMRCEL o vu SOME FANIY•10 n4 WON $1, MR IJE 170 70 {/x NA 1 NA j to in w J ENQOBED NA E2 26 a 11. CLUSTER HOME{ we NA W NA NA as% 10'M1L 141 NA E NA 70 E ( E►AAAT 10 ENGOSEO f {1 2.1 1]1 _ L"11iAERY N.f NA NA J" NA 40% kA \1 ! 1P~µT 10 I.7t t./ t6 E{S as I,064 V COYYWNTY ~ PACILRY 8.0 NA kA NA 1" 40% I6E,416 / 10 1L1 10 111411 Ill NA NA NA 1L1 NA fEswouu p 6.6 ILA NA NA NA 4{x IN,1f1 0 024 No $0 10 1120081. NA NA NA NA NA ODIVAI WTAL 11.6 NA NA NA NA 408 411.17E 1 10 10 10 11200 il. NA NA NA IN NA fCNOO1.JMKK N.1 04 NA NA NA N4 N4 NA N4 MA NA NA NA 11.1 MA NA N4 - NA_I PAN N,1 NA NA NA NA NA NA NA NA NA NA NA NA 1 11.1 NA NA I/A NA MAJOR RO W. 14A NA NA NA NA NA ILA NA • IRA NA NA NA NA NA NA NA NA NA COLIICIOR ROW. IL1 NA NA NA NA NA NA NA NA kA NA NA NA NA NA NA NA NA i iOtAl8 4142 - - - 7{1 {{4 Q TEE= _ 1Lt _ • ^ 1.112 4,110 .4 1 PIII1 MAw O1.wI SwaaP•r,A Ww MIA. M "A W Ar.. Y. 11& II w M I PMl W NRR 1 i i E t J T~w p ~ E{rl ~ i t ~P ff r I I 1 00 W i. m j r SWISHER ROAD - - - - { K on j 0 Ed of Poronwg \ .r. , O ; on Pro"rty Lim CIO so' so• "For so so, N Z c 20' S.L. 30' S.L. 'i m - I ~ ~ ' ~ ~yyff ~ j 9 ! i~:, . ~ f ~ ikw ~y> " s X4,1 A ~ S k f • I F ; `s h x 20' BL` ~g 1 20 ~ L ~ LOCAL STREETS (60• P.O.W.) I i Tww t Ih go, go, 9 so, N p 30' B.L. 30' B.L. r rF OD a L; I N z .10 C) F.. , 20 B.L. I 20, B.L. N on ARMS LOCAL STREEim (so, A.o.w.) r O I 20' B L. 20' B.L.- Un. o 30' B.L._ _ _ --i0' B.L. 00'.. goo 80 80' i i 1 i . l y 66] 4 D ' p C F ® J I l f 'A g { 1 ~ 30'e.L. y ' i~ LOCAL STREET$ (60' R.O.W.) 126, 126' Z 10'6.L. 3 lug I I I J { 1 i 70, 60 80' Y ~ I KEEF 0-4 € < m $ s Al -w .0 • 26'0.L. Xa D . SAO LOCAL STREETS (60' AA.Wa. r Z _ 116, I e m _ 10'S.L. Igo ~ o ~ ~ utu a r ict t I 1 i R. 20 ALLEY-WITH 12' PAVING b A , j • - ' T -20 B.L. ' 19 a G Z -ft o • ri w. , -Im ~1E e. L. _ j l > 404 30' 3or • r ' ~ •b Q a 5 t 1 O I ~ i I j II I i &4 91I~ p., 1 ry ~ I r. y k' r SOUTHVIEW ADDITION SUSHITTAL/REVIEW SCHEDULE 8-26-88 Submittal to the City of Denton for II Consideration by planning 6 Zoning Commission and City Council L Transportation Improvements March 1989 Plan P.D. District Detail Concept f Marc' 1989 Plan Utility/Drainage Improvements March 1489 Plan Phase 1A - Detail Plan/ march 1984 { Preliminary Plat Phase i8 - Detail Plan/ Preliminary Plat Jgnua q 1991 j Phase II - Detail Plan/ W Prelisinary Plat January 149] f I J I i I ) I i I f Cis No. 1181008001 I I J I c f) t SOUTHVIEU ADDITION DEVELOPMENT PHASING SCHEDULE (8-26-88) 1 1 of Site Plan Development Phase Acreage Tracts Project Submittal/Review Start LA 164.7 l[ thru 14 6 43 March 1989 July 1989 16 thru 18 18 89.1 6 thru 10 6 23 Marsh 1992 July 1992 lS i II 124.9 1 thru S ^.4 March 1994 July 1994 I 378.7 Acres i i ' i I ~ i I j Ci6 No, !181008001 ~ ~I e' & ROAD PHASING SCHEDULE o PP.ASE IA TRACTS - 11, 12, 130 140 160 17 (see Figures s and 6) Build Lakeview Blvd. as a two-lane roadway from I.H. 35E to Meadowlark Provide signalization ats Lakeview and I.H. ]SE Southbound Service Rd J Lakeview and I.H. 75E Northbound Service Rd Lakeview and Shady Shores Hom A connection between the Southview Development and Meadowlark Road, just south of Tract 14, will not be made until Meadowlark is improved to a driveable standard. i I I ~ I 1 ~ I I I {'1 1 f i L/I 1 E PICAN CLANK f: 1 r COLONA00 •LVO. i i I IRK sW i I` R t I II 3 14 12 . N..._ ..............N 1 ~ 16 9 E 9 17 ~•NI••~ i FIGURE 5 LEGEND Davalopn+antal Phasing El pb.,. IA ~ PhaN IA Sauthvlow Dovelopmant Otbw PhAw { T-W I wwr Igo woo owpoolo Slldi0 LAKt L6WISYWA $ALLI 4eKiMr.tr 1 I EI I s ~ I1 • ~ i i t C~~ ~11% 1 OOlOA AOO j j tt I ' LSOSND: i •+I' .,..y ; Road ImOroamoat Slp~l wor •~S FIGURE d Developmental Phasing Phew 1 A Improvements C PHASE IS TRACTS - , 71 8, 9r 101 13 6 (sae Figures 7 and 8) - Build Lakeview Boulevard as a four-lane, divided roadway from r of Tracts 3 5 andt7e NOTE: Colorado will beilt7as a minimum of two lanes from Lakeview Boulevard to Tract f I j ~ r h ~ { 1 I ii PICAN CAULK i' COLORADO LLVO. V 7 i i 10 9 8 l5 f FIGURE 7 LE08ND Developmental Phasing ❑ FIsuL ID • Phase 19 Southvlew Development O~ Ptv~eL H_J9 e ti Mw Y. 31~ a ~I AGO ` $ 3 LAKE LEWISVILLE 'A e4 1N N[Y kOLL3 - - - - - - 1 1 I M04" 4 Rt 4 f ~ i LECENIN ti Road ImproNemeat .1. FIGUME a k D*v*lopm*ntst Phasing 'hasp 1 S Improv*m*nts i 0-10 -1d j i • PHASE II TRACTS - it 20 3, 4, 5 (sae Figures 9 and 10) Extend Lakeview Boulevard as a four-lane, divided roadway from Tract 5 and 7 to Pecan Creek - Build Meadowlark as a four-lane, divided roadway from Lakeview Boulevard to I.H. 35E - Construct right-turn lanes ati Lakeview and Meadowlark, westbound to northbound Lakeview and I.H. 35E Northbound Service Road, southwastbound to northwastbound - Construct left-turn lanes ati ~akeview and I.H. 35E Southbound Service Road, southsastbound to northeastbound - Widen I.H. 35E overpass at Lakeview Boulevard j to S lanes 1 I i i I i r f ! ~ i PICAN CA99K 2 I COLORADO KYO- 5 ` AL yG f I A R^~ 1 'I1 V FIGURE 9 LWENDe Developmental Phasing ❑ pbm II 4 Phase II Otblt Pblrel ~ • Southvlew Development { ~wr sro moo' IL goo i i ~AKE IEWISVIIIE ~cKiNhEr MLLS 1 ' l MOK~ E *t I ~~I I E l I I I~ LEGEND: 'trr. ROAJ Improvemnnl Turn Laos - f FIGURE 10 D4vNopm4Md Phasing e f . Phs" II ' ` Improvomont• f ' ~l -33 1/I1 1 i • Build the bridge over Pecnn Creek • PHASE IIIA TRACTS - 32, 331 34, 3o 361 37, 38, 39, 40, 41 (see Figures 11 and 12) ExI.H. 35E to d the Lakeview and i Of lTractf33m - Provide signalization ate Lakeview and Colorado Construct right-turn lanes ate Lakeview and Mexinney, eastbound to southbound Lakeview and I.H. 35E Northbound Service Road, northwestbound to northeastbound construct left-turn lanes ate Lakeview and McKinney, northbound to westbound Widen I.H. 35E overpass at Lakeview Boulevard to 7 lanes NOTEe McKinney Street (F.M. 426) is assumed to be built to the designated thoroughfare standard of four lanes, divided. NOTE: Signalization and widening to a five lane section of Meadowlark Road at I.H. 35E is assumed. E ' f j i II 1i I 1 w1' .au ~ y ~LAGO 4 15 23 18 MILL. 19 _ i 22/ coovaR i 28/ eaaK i 30 32 31 36 ~•K3NN33/ 5 38 37/ 40 39 41 PSCAN c01=2K AKlwtw LEGEND ~LVO. Phan 111A FIGURE 11 Development rtl Pha~ln9 odd Phal" j Phase IIIA I Lmk#vlSw DOvNopment 3a J I J hMY, IIO~ r r ga BLA40 = i LAKE LEWISVILLE 1~LL f w~KirrMY I 4 I Z: A I taaBNn: i tsi Road larroreUeat• (to s ~ 11 Trite Lass ~ ito t+~+ it Stgut flnov s,o~~ Bridge ~i FIGURE 12 Developmental Phasing Phase III A Improvements !/-3~ r • PHASE 1113 TRACTS - 27, 28o 29o 301 31 1 (see Figures 13 and 14) Extend Lakeview Boulevard from Tract 33 to Tract 22 as a six-lane, divided roadway - Construct right-turn lanes atl Loop 288 Bypass and I,H. 35E Northbound Service Rd, southbound to northwest- bound Loop 288 Bypass and I.H. 35E Southbound Service Rd, northbound to southeast- bound I 1 l i i I i 1 1~-37 ~ Tff -W I 1 1J Vol. ISO 1 tLA00 I 15 23 { f ' 18 WILLt 19 22/ G8 28/ 2'' 00010/1 7 CRICK 1 30 29 32 31 33~ 36 38 37/ 40 39 9 41 j ' ►fCAN CRffK Mtvifw , FIGURE is .LVOr IRMND j Developmental Phasing ❑ PbM IIIB ' Ph&" Ills Lakeview Developmont ®Otbilt Ph"" i R - MwY. 310 a r SL AGO LAKE LEWISVILLE 'hS INNE / WkI f E :yoga I(I I i ~AOo LSOEND: s:E Road Improve Got «1 Tura Laos E~ "'b► 6". FIGURE 14 Developmental phasing Phase, III II ` Improvements ll-3g _ F low a ~ t F Build the bridge over Cooper Creek y e PHASE IVA 1 TRACTS - It 213o 4, S, 61 70 8, 91 110 180 11 (see Figures 20, 21, 221 27 15 and 16) Extend Lakeview as a six-lane, divided roadway from Tract 22 to U.S. 780 Provide signalization ato Mayhill and Blagg { Mayhill and Mills Lakeview and Blaqq i Lakeview and Mills Lakeview and Y.M. 426 Construct right-turn lanes at: Lakeview and U.S. 7800 eastbound to southbound Lakeview and McRinney, southbound to westbound Lakeview and Colorado, eastbound to southbound Lakeview and Meadowlark, westbound to northbound Lakeview and Shady Shores, southbound to westbound - construct left-turn lanes ate Lakeview and U.S. 780, westbound to southbound Lakeview and McKinney, eastbound to northbound Lakeview and Colorado, eastbound to northbound + Lakeview and Meadowlark, southbound to eastbound NOTEt MoXinney Street and Mayhill Road are assumed to be built to their designated thoroughfare standards. NOTEt Mills Road and Blagg Road are assumed to be driveable, Future study agy be required if they are not in an acceptable state for motor vehicle use. i I 11-~o I -r--»-r• i d r ,6*1. j0 4 T5TO~01 1 3 8 9 ~ ~ II IIAQQ 1 15 ~ ~---1 23 i ~ MILLS 18 20 19 22/. eaorSl► 28/ CROOK I ~ 30 31 32 ~•K3NN33/ 3b 38 - I --1 37/ 40 39 41 r/CAN CROOK ,ASVUw LEpaND { i ave. FIGURE 1Q ❑ Phan IVA Developmental Phasing Phase IVA ~00W Pham Lakeview Development I { I C 1 M Y a t 1 y r aAa~~"wr sea 'i;, 0 p , / LAKE LgWISYI~LE VCKIMW v 1Mus { r MCAIa w~ '+w i I 1 Vl V l ~ oao~AOO ff,, 7 L808NM 4 wf ~a+1 Road tmprovemeel Tura Lase IXI $~{sal Ma' awOn11 WWWJJJ~..../ ~ Brld~e FIGURE 16 I Developmental Phasing Phase IV A Improvements J • PHASE IVB TRACTS - 12, 13, 14 13, 16, 17, 20, 23, 26 and all remaining tracts (sae Figures 17 and 18) Construct right-turn lanes at, 6Mayhill and McKinney, northbound to eastbound, southbound to wastbound Loop '188 and I.M. 33E Northbound aarvice Rd, northwastbound to northeastbound Construct left-turn lane ati •Mayhill and XcKinney, westbound to southbound additionalhstudies shouldacross be.submitted prior i to nadvanthen cing in 1 the sequencing scheme. h NOTES 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. * Prior to the development of each tract of land, a detailed plan, meeting the requirements of Article it of Appendix 8- Zoning of the Coda of ordinances, shall be submitted for City C Plannin ouncil approval, after recommendation is made thereon by the submisaionnofZthenfirst msuch odetailedu plant a iTransportation I Improvement Plan addressing these specific traffic improvements necessary to serve this entire phase of development, without altering the improvements associated ` with Lakeview Boulavard, shall also b• submitted and approved. I I I~ 1 M~~, ~,O Y i. ' ><L~aa 13 2 15' 16 14 23 17 ti- 17 18 25 s „i "ILL` 26 19 22/ CCO►EI1 A8/ CHEEK I 30 32 31 36 w~xlN~ 3 38 37/ 40 39 41 f PECAN C11EEK AKEVIEw OLVO. ❑ PduE WS FIGURE 17 ~Othw Phu n Developmental Phasing Phase Iva Lake*;lew Development f ~ b 1 NWY. 010 i r I..L]d BLA00 i LAKE IEWISYILIC Me1IK41Y Monat MILL! i ~ ODIOI w LEGEND h Tyre Lees V To be Datsrmioed Lear I ~ FIGURE Is Devolopmontsl Phssing j • Phm IV S I ` improvements I law 1 ~ I R • a IC L pr1 s ~ r 1 • ` r / t I ~ 1 y,•' i 4 r✓-~Tj, % I r CA4 1y I r, .,~-'iir Tyr%, ~ V T l .jam •ii~f k n w e•a• I MOO r niii TF lil{I1 7 l 11 VARY awaan fto Y r BOUTHVINW ,N. NY •MY a,~•••~ • y, ' w wi WM r wm.• r••• ••w / / V t u I EXHIBIT "C" (1 of 91 87.0020, B3 Carter Si. Burgess 08 June 1981 Soullnlew Planned Development FIELD NOTES All !hat certain tract or parcel of land situated in and being part of the Gideon Walker Survey, Abstract Number 1330 and the William Durham Survey, Abstract Number 330, Denton County, Texas and being more fully described as follows: Beginning at a US, Army Corps of Engineers Monument P-237-W, said monument being on the east line of said Gideon Walker Survey and the west line of said William Durham Survey, and the northeast corner of a tract of land shown by deed to RMB Land Company, Ltd, and recorded in Volume 1851, Page 928, Real Property 7 Records and the north corner of a tract of land shown by decd to RMB Land i Company, Ltd, and recorded in Volume 1820, Page 261 of the Real Propcity I Rccords, Denton County, Texas; Thence South 21 degrees 53 minutes 14 seconds East, along the northernmost eas_ line of said RMB tract (Volume 1820, Page 261), and a western tine of said Garra• Little Elm Reservoir, a distance of 1164 14 feet to a U.S. Army Corps of Engineers Monument P-236-W; (Volume 5 1420, minutes Page 261), and a East, wstern along l nthe e of said southern GariatlLiline tile D tra82 ct degrees Thence f said RMr tt ` o Elm Reservoir, a distance of 244.92 feet to a U,S, Army corps of Engineers Monument P•235•W; Thence South 50 degrees 19 minutes 20 seconds East, along the east line of said RMB i tract (Volume 1120, Page 261), and it west line or said Oaf is-Little Elm Reservoir, a distance of 477.87 fret to a U,S, Army Corps of Engineers Monument P-234-W; Thence South Ill degrees 21 minutes 16 seconds East, along the cost line of said RMB distinct or m.91 feet to a US. a Army Corps of Engineers Monument P-233-AW; Thence South 31 degrees 50 minutes 19 seconds East, a distance of 302.15 feet to a j U.S. Army corps of Engineers Monument P-233-W; y e a r I R I - EXHIBIT "C" (2 of 9) 1.0.087.0020.82 continued page 2 Thence South 33 degrees 07 minutes 57 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 359.62 feet to a U.S. Army Corps of Engineers I Monument P-232-W; i Thence South 53 degrees 51 minutes 43 seconds West, along the east line of said i 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 of Engineers Monument P-231-W; Thence South 26 degrees 14 minutes 54 seconds West, along the east line of said RMB tract (Volume 1820, Page 261) and o west line of said Garza-Little Elm Reservoir, a distance of 247.87 feet to a U.S. Army Corps of Engineers Monument Number P-230-Wsaid monument also being the southeast corner of said RMB tract, and a point in the north line of Hidden Valley Airpark Association, Inc. and recorded In Volume $51, Page 415 of the Denton County Deed Records; r ! Thence North 87 degrees 30 minu;cs 35 seconds West, vlong 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 said Gideon Walker Survey; sold pin also being the southwest corner of sold RMB tract (Volume 1820, Page 261), the northwest corner of said Hidden Valley tract, and a point in the east line of a tract shown by deed to RMA Land Company, Ltd, and recorded In Volume 1900, Page 50 of the Denton County Real Property Records; Thence South 01 degree 35 minutes 48 seconds West, along the east tine of said RMB 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 765.16 feet to an Iron pin; sold 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; a } i r EXHIBIT "C" (3 of 9) 3.0.a87.0020.B2 continued page 3 Thence South 02 degrees 33 minutes 36 seconds West, along the east line of said RMB tract (Volume 1791, Page 117), and the west line of said Hidden Valley tract, and along the west line of said W. Durham Survey and the east line of said Gideon Walker Survey passing at 1737.40 feet a found Iron pin for the northwest corner of tract shown by deed to RMB Land Company, Ltd. and recorded in Volume 1814, Page 365, continuing along sold course, a total distance of 1788.55 feet to an iron pin; said iron pin also being the southeast corner of said RbIB tract, (Volume 1791, Page 117); Thence North 88 degrees 12 minutes 20 seconds West, along the south line of sold RMB tract (Volume 1791, Page 117), passing at 2.27 feet the northeast corner of Chaparral Estates (unrecorded), continuing along said course and the north line of said Chaparral Estates, along and near a fence part of the way, in all a total distance of 2676.26 feel 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, page 6a9 of the Real Property Records of Denton County, Texas, tind in a north. j south public road; E ! 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 1 Thence South 01 degrees 27 minutes 09 seconds West, along sold 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 38 seconds West, along the northern south tine of Laid Walker tract, a distance of 205.16 feet to an ell corner; Thence South Mdegrees 05 minutes 06 seconds East, along the eastern west line of said Walker tract, it distance of 422.57 feel to an ell corner on the north right•cf• way line of Shady Shorel Road; II f i I I t r, i a 4 EXHIBIT "C" (4 of 9) 1,0.#87.0020.82 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 tine of said Shady Shores Road, a distance of 587.37 feet to a point in the east right-of-way line of the M.K. & T. Railroad; said 1 point also being a point on a curve to the left having a radius of 2387.22 feet, a central angle of 14 degrees 44 minutes 04 seconds, and a chord bearing and distance of North 38 degrees 32 minutes 30 seconds West, 61212 feet; Thence In a northwesterly direction, along said curve to the left, the southern line of said Walker tract, and the northeastern right-of-way of said M.K. & T. Railroad, i an arc length of 613.91 feet to end of said curve; i 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 of 276.93 feet to a point of curvature of a tangent curve to the left, having a radius of 1542.93 feet, o central angie of 12 degrees 17 minutes 39 seconds, and a I chord bearing and distance of North 32 degrees 03 minutes 22 seconds West, 330.44 feet; Thence In a northwesterly direction, along said curve to the left; the southern line of said Welker tract, and the northeastern line of said M.K. & T. Railroad, an arc length of 331.07 feet to an angie point; Thence South 14 degrees 38 minutes 30 seconds West, crossing said railroad, a distance of 644.49 feet to a point of curvature of a tangent curve to the right having a radius of 1017.00 feet, a eeatrai angle of 01 degrees 25 minutes 05 seconds, and a chord bearing and distance of South 15 degtees 21 minutes 02 seconds West, 25.17 feet; Thence in a southwesterly direction, along sold curve to the right, an ore length of 25.17 feet to a pg1AI in the north right-of-way line of said Shady Shores Road; Thence North 80 degrees 14 minutes 06 seconds West with the north right-of-way of Shady Shores Road a distance of 120.83 feet; I ~ i I i (r !`Y 4 1 i a tl EXHIBIT "C" IS of 9) 1,0.r87.0020,B2 continued page 5 Thence in a northeasterly direction, along a curve to the left, an arc distance of 35.45 feet, radius of 697.0 feet, central angle of 02 degrees 15 minutes 51 seconds to the end of said curve, chord bearing and distance of North 15 degrees 46 minutes 26 seconds East, 35.45 feet; Thence North 14 degrees 36 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. & 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 I I degrees 34 minutes 39 seconds, and a chord bearing and distance of North 66 degrees 35 minutes 12 seconds West, 311.24 feet; Thence In it northwesterly direction, along said curve to the left, the northeastern right-of-way line of said M.K. & T. Railroad, and the southern line of said Walker tract, an arc distance of 311.77 feet to a found Iron pin for the point of tangency of said curve; E Thence North 74 degrees 23 minutes 31 seconds West, a distance of 215.79 feet to the ` southwest corner of said Walker tract; 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 of said Walker tract; Thence South 67 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 88 degrees 23 t tinutes 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 center of Swisher Road, and the west line of said RMB tract (Volume 1791, Pala 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 j 1504,62 feet to a Iron pin; said pin also being the westernmost northwest corner of said RMB tract; Y EXHIBIT "C" 36 of 9) I J.O.r87.0020.132 continued page 6 Thence North 02 degrees 48 minutes 22 seconds East, with the center of Swisher Road and the west line of said RM1lB tract (Volume 1791, Page I 17), 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 117), passing the southwest corner of a tract shown by deed to L.F. Powell and recorded in Volume 853, Page 114 of the Denton County Deed Records, continuing along said course, in all a total distance of 1655.56 feet to a fence corner; said fence corner E also being an ell corner of said RMB tract, and the southeast corner of said Powell tract; Thence North 03 degrees 23 minutes S3 seconds East, along the northernmost west line of said Rh18 tract (Volume 1791, Page 117), and the east line of said Powell tract, a distance of 320.18 feet to a 20-Inch Post Oak tree; said tree also being the northernmost northwest corner of said RMB tract (Volume 1791, Page 117), and the j southwest corner of a tract shown by deed to RMB Land Company, Ltd. as recorded in Volume 1811, Page 546 of the Denton County Real Property Records; 3 Thence North 02 degrees 33 minutes 27 seconds East, along the west line of said RMB tract (Volume 1811, Page 546), and the east 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 Virgina Lee Vaughn Fowler and recorded in Volume 1636, Page 840, of the Real Property Records, and the southeast corner cf a tract shown by deed to MR, Jacobs and L.S. Willard and recorded In Volume 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 Fowler tract, aad the east line of said Jacobs & Willard tract, a distance of 373.85 feet to a fence corner post; said fence corner post also being the northwest corner of said Fowler tract, the northeast corner of sold Jacobs & Willard tract, the southeast corner of Green Tree Estates as recorded in Volume 6, Page 30 of the Denton County Plat Records, and the northern southwest corner of a tract shown by deed to j RM13 Land Company, Ltd, as recorded in Volume 1876, Page 190 of the Denton County Real Property Records; I j 01 i i EXHIBIT "C" 17 of 9) 1.0.w87.0920.82 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 ea,t line of said Green Tree Estates, the same being the east 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, !"'1 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; laid 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 1851, 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 some being the east line of the remainder of said Grimes tract, and along the west right-of-way tine 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 1500.00 feet, a central angle of 22 degrees 00 minutes 00 seconds, and a chard bearing and distance of North 13 degrees 02 minutes 02 seconds East, 572.43 feet; Thence In a northeasterly direction, along sold curve to the tight, an arc length of 575.96 feel 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 sold Grimes tract, the some being a line between U.S. Army Corps of Engineers Monuments P-239•W and P•238-W, a distance of 696.01 feet; f i ~ E - 53 EXHIBIT "C" (8 of 9) ].0.+s81.0020.B2 continued page 8 Thence North 82 degrees 52 minutes $2 seconds East, along the north tine of said Grimes tract, and the aforementioned U.S. Army corps of Engineers Monument, a { distance of 0.9€ feet to a US, Army Corps of Engineers Monument P-238•W; , Thence South 68 degrees 04 minutes 16 seconds East a distance of 309.20 feet to the k Point of Beginning and containing 116.902 acres of land. I a J M J I s . a r i i t EXHIBIT "C" 19 of 9) J.O.*87.0020.B2 continued page 9 81.0020.83 Carter and Burgess 08 June 1987 r 1 " LESS AND EXCEPT TIIE FOLLOWING DESCRIBED TRACT • • All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas; said tract being shown by deed recorded In Volume 1636. Page 840, Real Property Records of Denton County, Texas, and being more fully described as follows. Beginning for the southeast corner of the tract being described herein and being the southeast corner of said Volume 1636, Paqe 840, Real Property Records; Thence North 87 degrees 04 minutes 34 seconds West a distance of 225.51 feet to the southwest corner of said Volume 1636, Page 840, Real Property Records; Thence North 02 degrees 24 minutes 40 seconds East a distance of 386.75 feet to the northwest corner of said Volume 1636, Page 840, Real Property Records; Thence South 84 degrees 47 minutes 20 seconds East a distance of 225.59 feet to the northeast corner of sold Volume 1636, Page 840, Real Property Records; Thence South 02 degrees 23 minutes 02 seconds West a distance of 377.72 feet to the f Point of Beginning and containing 1.978 acres of land, and leaving an area of 414.924 acres of land. n 5 i i 'J. h' \X v 17 ~j l/ BFI 1'71 ''lrllr~rl'±:r r ~ I ~•:I i ~ j-1 ' t II,I I= 6 I ll~ li ! I 'id I 1 I 1 i ~ 1 ~ ' =~I~# i~ ° ~ jar t , , , t , ! i 1;;x;1=,,~` ;~i ;►rs~ III; !l ' t.r'a~~~.r1ti 1 ,SST S!'8 ' il]F la -I . ter. TIN f ' i~tl~ tl ~ M - [ I 77 7 [E~ r ,.v, fff 111 v _ 95 7,1 tt / i~ifit (tip ;g.+~ All ,r - t. Lf.J r Ile fill I N is-~ I Up a ~ oa Q D J Denton O I Shady Shores I I {MTIASECTION I ~IONOSAD PO _ SHADY SHORES DA. I P IT OAK OR I Corinth g s I QQCiti ~J6 09, EXHIBIT I LOCA'110N M INTERSECTIONS M-3 IF WNW i V i p HQ c ~ irl e f /3 ~••Ill~ ~ , rl '~~~i! a! fill i SIP tl, ff ~I ~ r 4-e,r+f. I t-1~ r~..-.fir- I 7 s. ♦ , •Ir ~A• ~ '~.r1 1 Y r t ooo 1' WW~ ro i •I Ao 1 ~ 1 ' lr,r tfrr~ Q Ali _l;, y~ t ' JIj IANt',AIM ltWtl R.1N IN IMTHV Pow 4 Mu I I - i 64 1 ,.,fi , ~ •r, ` ~ y; a I».i- ' + , •j Si 1 Imo- i ~ f J /`.y; 1 ` I04~f11f~ If7 T ti ~ ~ i 44444 (a1 I.. 1 M •I ~r T2 3 ~ 11 . • ~ If r J ~ w 1`~tt,u~ t~l~~ ~i ; ~ I~~ ,:d I':~~, .•.,~y fit' 1\,~ ~ I I~, ~1 1~. \ '1 ' 1]• 1 +I ~ ff ~ Y I► ~ 1 ~ i>i ,1,~ r 1 tie ! ti ~ d rr ~ ~ t • . ~ ~ -1wEC15i~YAiF iF~fiT~ia~~{;Fv 3[iifil rt~Y _ MM 13 O l~Ilac11men~ 4 1I ~f 0 ~ ~ 1-+• ~~~~_r'.'~yl,,,. .y. IIRi .y I ~1 I'II I1~ I +f •-rf t 1TILIt 1 . tl ' 1a I • y;~r~lr 1 JI r.~--~ w7'-1'.L_t;r l •J It t~ I ' 1 ` ° ~i:+ l'~IGT~ !%a•r1j « r..'~ irk-Lf~r~ Ib' fJ~1~ Vsl oil I " I 1' I ( t j"I I1. r+r ~ i R l r t h I{ / \ I B ~ ~ / / Ili Q r*~ r ~ r. , + ~ f ~ ~ ~ Ali ~ ~ •'e-,"~ y'f: ~='Gi ~ , ~ .2 ~~.1..+»~_ ~~e'.~5,~, •r II ~4 " I go" IF Yw:' tom,,, y ti~~V~] < .A ' + t ,r « Z 1+® / r.♦ WlaNil R AD ISRW.I~.... Ito 71, 11 ~~IIi EI~ 11 ~ • _ +f ~--UrY,7 7 II ; ID t, IR; i •I 'w••.1 ..ti' DMI KAW MR I f4 ~ f J allow, HI«I ~~rl / r F 1115 ( L fff3~yy r F- _ f Z 1 1~1 fit I r- 1,,:5: l.. t+i(y~; •.i*_r. ..1~~:c' 'a ~j`I S1i 445 SI! ~ ! 1 ~Y 5,., Y ? . I r 1 't r.,m V Pep III ! i'i \ \ ? x.11.••1 "a - - ~-F-` : ; 1'1:5( 'C', t ~ - 51 4• . a.rtl. fe ! I11~ , \ ~y r r 1, 1 , d e ~ / F~ f a Jill on IX TAk PLAN f0A, 1WTNVMW ASNNfgN Al L!w:w :1- SNm41 P~11 111L J s t 4 t. Ahae~imen f IS 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 Moryan s j 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 f Attorney; and Olivia Carson, Clerk-typist. chairman Brock called the meeting to order. C I. CONSENT AG NDA: It was moved by Mr. Kamman, seconded b Mr. Engelbrecht, and unanimously carried (8-0) to approve the consent agenda as follows: A. Approve the final plat of the Road Runner Subdivision, Lot 1, Block A. B. Approve the final plat of the Genetic Center, Lot 1, Block 1. view r.AA h Z=$~:4Q~ . 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-3$E and extending 4800 feet north from Shady Shores Road and more fully shown in the Gideon Walker Survey, Abstract 1330. Nine noticos were mailed to property owners within 200 feet; one reply form was received in favor, zero were received in opposition. STAFF-_RE2DU : Me. Evans stated that this request is for approval of an amended concept plan and a detail plan on property currently zoned planned development (PD-132). The following land uses are proposed: Single Family - 10 43.1 acres with a density of 3.2 unite per acre I i P I P d Z Minutes June 21, 1989 Page 2 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 Neighborhood Service - 6.0 acres School/Park - 19.1 acres i Right-of-way - 20.6 acres Ms. Evans continued that the request includes ? approximately 217.3 acres of the area of 1,200 feet north of 1-35E and extending n4,800 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 i units. Tract 18, 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 183 units at 3.76 units per ~i I acre. The SF-7 acreage in Tract 17 is being reduced I ( 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-f0 units are being decreased to 10.9 from 11.4 changing the units per acre to 2.11 rather than 3.2. The number of SF-10 units is being decreased from 187 to 128 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 lot size of 11,000 square feet; however, the lots vary from 8,750 to 16,200 square feet. In straight SF-10 zoning, the minimum lot size is required to be 10,000 square feet in aroa. The multi-family and neighborhood services tracts are not being detail planned at this time. Spacing and location of collector and residential streets meet subdiviaion regulations. The Subdivision a 11 . nd Land Development Regulations on design states that . . No cul-de-sacs shall be located except at the end of a street or the intersection of streets." The i i developer has proposed one half cul-de-sac in Tract 18 and another in Tract 17, neither of which are at intersections. Engineering staff does not recommend approval of these as they believe drainage and traffic safety problems can result. I i 1 i P & Z Minutes June 21, 1989 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; (b) Granting the modification will not have the effect of prev,anting the orderly subdivision of other land use in 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 the modification may not meet the letter of the applicable standard, it provides for a better project j design.) i Intersections will be signalized at the developer's proportional share at the following locations: Lakeview Boulevard and I-35 Service Roads, Shady Shores 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 September 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. Major drainage ways are in the natural channel of Pecan Creek. The drainage system meets ordinance requirements. The relocation of Lakeview Boulevard will save a grove of trees in Tract 18, Block 9. Approximately 43 protected trees and several 4 to 8 inch trees are in the grove. Approximately 123 protected trees are in the path of Lakeview Boulevard. Removal of protected trees, to include those on residential tots, will require Tree Removal Permits g 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 use, which may be one or more of the following: bike trails, hiking trails, open fields, picnicking and other similar passive recreations uses approved by the /5" 3 4 4 1 3 PAZ Minutes June 21, 1989 Page 4 Development Review Committee. A homeowner's association agreement should be required to insure the J maintenance of the open space. A screening buffer has been provided between Swisher Road and Tract 18. The petitioner has provided a typical median landscape treatment to be used along Lakeview Boulevard and the #entranceways to the tracts. Me. Kiker asked the definition of cul-de-sacs. Mr. Robbins stated that it is a street which terminates in a vehicular turn-around. 1 { 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 I variance standard. He se.id that there is an anomaly in the regulations. Staff believes that because of the I 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. i Mr. Clark said that it is dangerous in the professional opinion of staff. Mr. EngelbrP^.ht 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. Evan3 stated that the developer felt that the design would give people more room to back out. 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. Morrie said that it is a matter of convenience. i SF-10 can mean whatever the Commission approves. It is I not straight zoning, so the Commission could decide to call it something else. There is a tendency to use labels we already have. e. P&Z Minutes June 21, 1989 Page 5 y 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. U TITIOUR: Alex Bascom, 201 Main Street, Fort Worth, stated Vat 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 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 I 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. Plans have been changed according to staff recommendations, development of more specific y' information, and citizen input. The concept plan J alterations are: 1) density reduction from 4.3 to 4,08 dwelling units per acre; 2) total lot reduction of 24%; N 3) the school/park tract has increased from 10 acres to 19.1 acres; and 4) increase in space, which was not required before, hasogone from 0 to 17+ acres. Tract 10 increased by 8 acres, with an actual decrease in lots from 128 to 131. The actual average size of the lots 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. Lakeview 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 8.2 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 2a8 acres of floodwplainecoprovided ntiguousf the to J ~ the school/park site so that it becomes larger. The curve radii variance in Tract 17 has been resolved as i of this past Monday. The only apparent discrepancy with the staff is over the supposed half cud-de-sacs. Mr. Bascom continued that by definition in the subdivision regulations, he strongly believes that they 4 are not half cul-de-sacs or any variation of a cul-de- sac. Therefore a variance is not applicable. '1 3 1 v n P&Z Minutes June 21, 1989 Page 6 Mr. Bascom said that the eyebrows represent prudent r 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 wilt 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 16 which is being deleted from this evenings proceedings. Nevertheless, our planning dilemma has always been i placing residential and personal services uses next to --1 an airport in spite of the fact that the airport is ` privately run. Mr. Engelbrecht said that traffic signals are extremely 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 j roadway is constructed at points where signalization is 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 tho pavement. He agreed that installation at that time is the least expensive. Mr. Engelbrecht asked if the petitioners to install the conduit at thetimeof adould agreed construction. Mr. Bascom said yes. Ms. Brock said that planting photinias four feet apart would be too close. i 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. Engelbretnt asked for an eAplanation of the covenant agreement concerning the open space, Mr. Bascom said that it is an agreement between the homeowners and the homeosoner's association. The developer maintains control of the homeowner's 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 grounds must be well groomed ~to obtain a good selling price. s ir low 4 R P&Z Minutes June 21, 1989 Page 7 Susan Mead, legal representative for RMB Realty, added that the document is like a covenant that runs with the land. Anybody that looks at the lots will be given a 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 1 method by which money is raised to maintain those areas. j FAV ; Kevin McCormick, Route 7, Box 108-A, stated that he lives at the corner of Pockrus Page and Swisher R Swisher, He oads in Broken Arrow Estates which fronts onto r intersection of said K he with concerned d Page,~t Iteis 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 l 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 quarters of a mile west of his property. He suggested moving the outlet to the west. At one time the road was designed to access Pockrus Page at a point further west, but at some point it was moved to its present i 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. There will be bushes between them and the effort to create screening is appreciated. It might work. The neighbors are very concerned about the screening. He added that other then 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 be a problem to relocate the street although they were having problems with City planning. However, it is not a safe location and it is not good planning to have all three of those ingress/agrees streets within 800 feet of each other. He said that he does foresee problems i with the current configuration. Carold Nunbz, Route 71 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 in their houses and yards. She said that she feels that traffic will be heavier than anticipated. Neighborhood service is located 7 r F V Paz Minutes June 21, 198g Page 8 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. OPPOSED: Charles Laudin, stated that he lives adjacent to Tract 15 and is requesting that the request be tabled because he just learned today that Tract 15 will be neighborhood service with a Stop and Go behind 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. 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. i Mr. Holt said that the City Council aproved i ising in October 1988. It is not being considered atethzon meeting. Mr. Morris said that the requirement is to notify property owners based on the City tax roll. Mr. Laudin informed the Commission that the airstrip is surrounded by a housing area. There is nothing adjacent to Tract 15 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. i Helen Laudin, Hidden Valley Airpark, stated that the airpark is a homeowner's association. It is wooded and beautiful. She said that she has s million dollar investmt,nt and had no idea that neighborhood service was being allowed next to her property. They pay 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 158 I I I i I PaZ Minutes June 21, 1989 h page 9 h 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 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 i 1 they are requesting that the plan be tabled. r E 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 'k some time. A detail plan is being considered, not the f` zoning. I Mr. Wildsmith said that people who will be buying III property in the area need to be informed that they are I in the flight path. Dean Nixon, 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 c.)rporation 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 notified through the Mayor or why the neighborhood as a corporation inside of Shady Shores was not notified. 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 f contact with the developer. f ` Mr. Nixon said that he was on the Planning and Zoning Commission of Shady Shores when the developar made a presentation about Meadowlark Lane. It was turned down. Ms. Brock asked if he was aware that the development was planned. Mr. Nixon said yes They were not given banynnotificationmofranylofsthet hearings. He talked with the Mayor and she was not formally informed of this meeting. It ti,ould have been nice if Denton had been a good neighbor and informed them of the hearing. X5-9 i P&Z Minutes June 21, 1989 Page 10 Ms. Brock said that the Mayor had been very involved in the discussion on this project. 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 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 not. It is 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 s dead end road. After the neighborhood service area, the road becomes dirt. It is not accessible to people in the immediate 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. f Ms. Brock said that the zoning cannot be changed tonight.. A petition is needed from the developer to change the zoning which is already in place. RECOMMENDATION: Ms. Evans stated that the staff believes that the proposed changes 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 j1 I i 3 r. PaZ Minutes June 21, 1989 Page 11 the Single Family-10 tracts from 10,000 to 8,750 sgvare 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 Intersection attachment report and that the payment issue be resolved when warrants are met through an 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 said 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 Department recommends approval of Z-89-003 with the following conditions: 1) The detail plan shall be corrected prior to City Council hearing, eo that the half cul-de-sacs are removed from the detail plan. 2) 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 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 1 the proportionate share of the independent traffic engineering study. ! I REBUTTAL: Hr. 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. 15,11 i i t i W 1 1-0 Fr low V 1 h. P&z Minutes June 21, 1989 Page 12 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 L the petitioner to install conduit for signalization at the proper intersections at the time of roadway construction. Seconded by Mr. Kamman and unanimously carried (8-0). Vote on original motion carried (5-1). Ms. Morgan voted no. Mr. Kamman and Ms. Kiker left the meeting. I B. PRELIMINARY PLAT OF THE SOUTHVIEW ADDI1i0N - SECTIONS-] and 2. BEING PHASE 1A 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. & T. Railroad on tree 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 (PD-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 f at this time. City services and facilities, including j 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 113. Seconded by Mr. Engelbrecht and unanimously carried (4-0). f c NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, PROVIDING FOR THE APPROVAL OF A FIRST AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 132, AS THE DISTRICT APPLIES TO THE 414 ACRES OF LAND DESCRIBED IN ORDINANCE NO. 88-166; APPROVING A DETAILED PLAN FOR 184.2 ACRES OF THE DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 88-166, the City Council approved a planned development district (PD-132) for 414 acres of land, as more particularly described therein; and, WHEREAS, RMB Realty, Inc. has applied for approval of an amended concept plan for the District and approval of a detailed plan for 184.2 acres of the District; and, WHEREAS, on June 21, after a public hearing, the Planning and Zoning Commission recommended approval of the requested amendment and detailed plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 88-166, providing for approval of a planned development district and concept plan for 414 acres of land as described therein (PD-132), is amended by the approval of a First Amended Concept Plan, attached hereto as Exhibit "B", and incorporated herein by reference. SECTION II. That Exhibit "DP-l", attached hereto and incorporated herein by reference, is approved as the detailed plan for 184.2 acres of land located within District, as more particularly described therein, so that hereafter the land therein included shall be constructed, used, and maintained in accordance with the approved detailed plan. S CTION__IiI. That a copy of this ordinance shall be attached to Ordinance No. 88-166, showing the amendment herein made and the detailed plan approved. P SECTION IV, That any person violating any provision of this ordinance, including any provision of the detailed plan herein adopted, shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of a separate and distinct h offense~ance is violated shall constitute ECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City f~ f I e a n ; fi 3 Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ` i i i I i I 1 i 2-89-003/Page 2 I -779 a EXHIBIT "B" FIRST AMENDED CONCEPT PLAN FOR SOUTHVIEW, CONSISTING OF: 1. Conceptual Site Plan (1 page); 2. Development Standards (4 pages)] 3. Summary of Zoning Restrictions (1 page); 4. Phasing Schedules (23 pages): and 5. Utility Exhibit (1 page). i I ~ 1 T-IF .5 ./1' _ f .wea UOMB .ww 4n 1 ~vL .amYV.r ' i 77 iA~v.r Z dJr Y4 i , V-7 / - - II ;l, j q Lr w ' III. \ MAMM..yWyA e,.nw ,aw qV U'Ib ~ei1~~~.NYN YMI I ' 1 DEYELCOAANT STANDARDS coscuT PLAN 7-26-89 ;cae.rrnc of Intent of Owner: :taw Planned Develo meat (?D) is a pro osed mixed use development vlth cea:a<atldl sad p:en space land uses. The develo went concept Ls to responsea: t - e nvsical relationship of the site to Lake Lewisville, tom aciDiLlty and dtversit+ land uses rovldLn commtnic housing, em to nt and camaerclal activic balance Cransporcation SYatem w land set vublic -safety v m row d o ss 6 circulacipn p r- vrding improved vatgr 4 sanitary saver systamst and maintaining open space gceenpelcs as yell as providing park 6 school facilities tot the region, { r---1 2. SciCement indicating RelatLOn to Denton Developaent Guide: Southvtev Planned Oeveloo~nc (PD) orooosee a reduction in dgnsicy from the D C!'/i0yllY aoproved_5out !e PD the lacencLon is i auallS2 dew loomene for av to (0411 the Dent 3 091 C-41461 Denton In accordanct w ith 1. Total Nurser of Acres in Proposed District: 414.9 acres I a. Land Uses and Total Nuaber of Acces in Each Parcel or Tract: Total Proposed ACrea;e A. S►ngle ramiiy Datacned 293,7 10.6 o, SLn91e family Attached (townhouses, Cluster, acts) ' d. Attached Patio/Garden/Zero Lot Line I d. Duples 16.0 e. Nultl-family - t. office 6.0 q, Neighoernood gervlee 12.0 1 A. Cenerel )Letail I i. Cmeacclal Light ladUttrial k. VdAvy faduatrlal Park 15.0 is Other tspeol[yi Sehool/lark 19.1 Comuaity Tacll.itiea 1.0 Major ROW 14.6 Collector ROW 11.9 G Total 41419 M. f f II i ia,. 1 JJ S. Cff-Site lnfoteattos - sdlacsnt of surrounding land user, toning, streets, 1 d140Ls9e facilitiest and other eslstlng or proposed isprova sacs. isnorn on Epne:ee of detailed plan.) e. Traffic and Transportacion - indicate existing and proposed streets, F+rKing :c:s. loading areas, access points- (shorn an Concept OLV44e0laId plan.) ?rolected Traffic CIAefatiOd. (Based on traffic study, if requited.) Refer to traffic study report { 8utld0gs: a. Apptaxtes to location. (Shorn on concept or detailed plan.) p. naatauF height: Shan in Summary oa COACept Plas C. Minimua setoaCSS: IShorn on concept of detailed plan.) Shown on Sutmary of Zoning Restrictions d. nastnua gross floor atea isquare fait) tot nonresidential: Shown in Summary on Concept Plan 1. Rssidencial Sradrvtscoa: a. Nunoet of units per aefe (denatty)t Shown is Suaeaary as Concept Plan 0. Numaer and loeaeton of toes !Shorn on coaedpe of 44t&&14d PI 4A.1 To he shown is detail plan e. mints" silo, width and dopta of lous MGM% so ooned't of detailed plan.) J Show in t.D. Zoning Adurleetos lussaary 1 1 d. Malta" frsat, side and tat yald adtaaakal (g0era oe foACOpt of detailed plan. Show lA l.D. tosisg lastrictioa Swnafy w i I i -i 7age 3 it. i%dtet and Oralaage - appcosieace location of all existing or proposed c:etas, ponds, lanes, floodplatns, otter water retention at major dcalrage facilities and &Mptovementa. (Snown an utility plan.) 14. Utilities - location of all Major serer, water of electrical lines and facilic:es. ISno.n on concept aaapmpypme plan.) 11. Ld atioa of cress V in diameter - six (i) feet ftoa ground level. (Shown on concept orM19009 w plan.) Tram 244844, are shwa on the concept plan. Detail tree location is requascad to be waived until detail plea review and approval process. 11, Open Space - location Mad sire of gr14ADalts, parka, CCS"n and recreational areas (Shown on concept 0006e0606" plan.) Tha 10ratianJ of Motor narks and ereenbaltm era ladleatod oa the concopc plan Further derail will be shown at the time Ot r6ltailna platting and detail tan raview add approval. i 31. Sereeaing - location, type And list of 411 fences, berU or Aeretning 144turea. (Shown CA Concept 0oodecieNCa1 plan,) No appllc4b14 at them time. It !a raduested that detail screen desitn be v411sd until detail plan revtev and aparoval tom. Dev4lopm4nt SCnedule (concept plan) - showing mpeelfie date detailed plan will be Suaaitttd, data to start coamtruttien and Complete Ceaocruction, and rate of development. All dates should indicate month and year. see atcachmaat for Development Schedule i AOpIlf UL U99SAINUTS PQ A MAiLta PLAN lS. Laadacaptag Plea - "Joe feat4t4m Mad ty"m of lands apiag to be 4864. Noe aeelieable at this ciao tt to roeuasc" that detail landscape architectural deal ta be aad6 a reyuis"6at el the detail Place review nail approval process. ) { I { i .rrriopoant Scanorrar Pagr ~ ' If. Signs - snow location, type and list on detailed plant otherwise, rigno m w t conform to Actiale it of the toning•Ordinance. Not applicable at this time. Any on-Premise signs not in conformance vich Article l7 will be described om decatled site plan as to 10Cation, etse and type. ll. Sidewalks. (Shown on detailed plan.) Not applicable at this time. It is requesca: chat aidava Lc locacloos be waived until detail mice, plea review. 11. All information Cequired fit preliaipary plat !n aecotdance with Apptndis A (oenton Development Code) of the Cod* of Ordinances. (A sepatate plat is cequlred.) 196 Otvelopu nt Schedule (detailed plan) - indicating hart and eoepletioa of all contraction and the Cato of dsveiO PO4t. All data should indicate north I and year. { I See attached sehedule. Addttioaal schedule Inforrtfoa will be tubaitcod ie conlunetion with detail plan and araliae4 m slat approval i I E I ~ l i r i ' I .a 7/67 i f I 8/28/88 (REVISED 10/18/88 1 (UPDATED 8/2/80) SUMMARY OF DEVELOPMENT PLAN ZONING RESTRICTIONS - SOUTHVIEW I 010111107 NTAVlRAW LAND TY►1CX LO LO 1AAf BULDI MAX ANA M OW 6tIM 601101 N RE N 11AAN MW OF17N 6 MAX EN TOTAL O"MATI011 JAT ~41 ARIA 1101 LMI7 OT • DEPTH WWTK OOVERAE 11LD 1 •IOKIEI f.A FNDNT YARD YA11D F/OU 00 i11ALE 1118 T PER OTA pop SO IT YARD /•f Of FA IAtAG I HONE OU li q t1Qi 11117-0 •LI 7.000 •.F. 711 If 100 10 86% RA 11 ALA. 70 m q 1 ENCLOSEt pt A. 6.1 170 •.0 417 fA SOME FAMLY-04 $to IL661 1F` 1 0 x 116 to 10 IAX Kit 1 NA 40 w', w I ENOLOOE It A. 1.0 01 1.1 116 0 1010Li FAKRY-7 61.1 7,000 EF. I it to 00 sox kA I KA 111 to q 7 Ma KIL 11 too 1.0 666 A INK[ FAWLY-7 N.1 1.000 t.F. I M 100 40 •00. KA 1 NA 10 10% 0 f ENOL KA - w0 t 0 070 J 0 Ism' f110ELY-q q.1 0.000 •F !1 N I to w1 10 1.4% KA ! kA 110 W. •0 1 EIIQ 00E KA 1.! H A! 1111 r H 6tA7HAMlY117 1.0 kA KA NA NA 444 kA • KA to q IAW q 1.76 0 • !1 !00 1.6 600 •EFERAT2 h t.1 kA NA KA kA A02 /J,IW t 0.111 110 w w V1100 OF. NA NA kA kA KA 0a m i,0 YA III, PA KA 40% 1i H0 11 O.fI !0 0 q VI00 tf. kA kA N- NA KA I U tODOL/11A111111 VIA NA RA kA kA NA NA kA RA kA NA ALA. NA 0.1 KA NA kA NA 6W 011 RO, M. 110.• KA KA KA RA N.A. RA KA KA kA kA kA MA KA HE N.A NA TOTAL• lt7.• 061,000 - 0 • 1{{ I.N1 4111 WM" ItANOA1W/IWIION WMD"AW •IIy IAI LOW NIIMTV AMOS AM n NV6 AM OAt A AAON WgAML I 11I AUWIIM ■ 1111 IMIIOOI Ion me AA0111a AL am WAq t1 FKw-600l11 111 I IAL FLAX 10 AY YAMOrM LATM MWANO n Moto WAkwmn #aims ' C AVINA•/ LOT 11141 • IL166 11. Was t F. • 16,IN 4111 ~ I I 4 I i I I ATTACHMENT 9 J SOUTHVIEW ADDITION 1 DEVELOPMENT PHAIFING SCHEDULE PHASE 1A SITE PLAN CONSTRUCTION lr EHASE TRACTS ACREAGE SUBMITTAL/REVIEW START IA 10, 14, 184.2 March 1989 Nov. 1989 18, 17, 6 18 IA 111 12 14.0 July 1995 Jan. 1997 R 15 IA 13 19.1 (See NOTE 3) I NOTE: ` 1. No building permits shall be granted for Phase IA multi- family or neighborhood service uses on Tracts 11 and 12, and Phase IB, Tract 15 or any additional phases until detailed y development plans and utility plans illustrating water distribution systems to satisfy fire protection requirements are approved. No certificate of occupancies shall be granted for multi-family or neighborhood service uses on Tracts 11, 12 and 15 until water distribution system is j approved. j 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 following: Bike trails Hiking trails Open fields Picnicking And other uses as approved by the City of Denton ! 3. Detailed plan for Tract 13 will be submitted after property E dedication. , ~ I I ATTACHMENT 98 SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE AUGUST 26, 1989 (Revised August 8, 1989) 1 NET % OF SITE PLAN CONST 7RA TG ACREAGE PROJECT SUBMITTAL/REVIEW START IA 10, 14, 184.2 49% March 1989 Nov. '89 18, 17 6 18 { IA 11, 12, 14.0 4% July 1996 Jan. 197 j R 16 IA 13 19.1 6% * * a IB 6 - 9 36.6 9% March 1992 July '92 II 1 - b 'l { 124.9 33% March 1994 July '94 J I I 378.7 acres i i * Detailed plan will be submitted after property dedication. I I~ J i i 1I I i I I i I ROAD PHASING SCHEDULE • DMAU IA TRACTS - 11 12 13r 141 160 17 (see Figures S and 6) - Build Lakeview Blvd. as a two-lane roadway from I.g. 33= to Meadowlark Provide signslisation att Lakeview and X.R. 352 southbound Service Rd Lakeview and I.M. 35t Northbound Service Rd Lakeview and Shady Shores NOTZI A connection between the southview Develetb Meadowlark Road, Is South of Tract 160 will notbo made until Meadowlark s improved to a drivable standard. I ~J { I I l i PICAM CA/IK I i COLOAA00 $00. f I . I I ' 11 3 14 12 1 16 3 17 FIGURE a t ec~cNA Developmental Phasing IA Ph@" IA sonthvlow Development Moar► Pawl i ww• ~w A SLAW 'mil I\A ~f- i LAKt ~twtisvlLLt VC K I Mr44 1 WM11 woo K i i i i f I =MAW r LZOINDt 4~ ti~• r Raw Imprehssan f V ► Slaw! 1 sj"°r ~t1 MOURI 6 Dovolopmotal Phasing a 'hose I A Improvimefnta 3 I I 1 0 -W • PHASE IB TRACTS 77 and 9, 10, 13 (344 Figures - luild Lakeview Boulevard as a tour-laps, divided roadway from I.K. 15E 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. 1 r I f I I I 1\11 ~ 1 /ICAN CANSK COLORADO BLVD. i 6 I 7 i ~MN~N MM~MN I 10 8 15 f FIGURE 7 tZ45NDC Developmental Phaetn4 ❑ Pbw iB Phase It Southvlew Development Mme Phew I i I i i f at. AGO I 7 1 LAKt ~twisviut ~ I f I r l LEGEND: r s~ Road Imote" at jo wor ~+att + r~ FIGURE e Developmental Phasing Phase 1 • Improvements I i r l e PHASE Ii TRACTS - 1s 2s 3, 4s S (sae Figures 9 and 10) Extend Lakeview Boulevard as a four-lane, divided roasiway from Tract S and 7 to Pecan Creek Build Meadowlark as a Lour-lane, divided roadway from Lakeview Boulevard to I.H. 35C Construct right-turn lanes ate Lakeview and Meadowlarks westbound to northbound Lakeview and I.H. 359 Northbound Service Road, southwastbound to northwestbound Construct left-turn lanes ate 4akevisw and I,H. 359 Southbound Service Road, southeastbound to northeastbound Widen I.H. 352. overpass at Lakeview Boulevard to S lanes I i I I I l 9 1 i 1 f r IIC►N CMIK I 2 3 ' 4 1 COLORADO OLVD• 5 ~ I FIGURE 9 Developmental phoMng te111 It ph&" II " southvlew Development Noma ram" I I i i Fr -W . f 9 x fl, Y A"M Rwr 7{0~ IL 1*1Svilt! UCAINN4Y wLLf 10iN1~ i . ti OIGM~OO• 0 r MEND- Road 112orovemost h Tare Lose - • bet F1ouRt 10 OovolopmaMRl phasing Phase 11 imprevwmentc I 1 1 i ir low r a5 e Puild the bridge over Pecan Creak e PHASE IIZA TRACTS - 32, 33, 34, 35. 360 37, 38, 39, 40, 41 (see Figures 11 and 12) Extend and widen Lakeview to six-lanes from I,H, 3SE to the northern end of Tract 33 Provide signaliratio2n at, Lakeview and Colorado Construct right-turn lanes at, Lakeview and Moxinney, eastbound to southboua,i Lakeview and I.N. 352 Northbound service Road, northvestbound to northeastbound F Constructwland-x~ lanes. ato r westbound Yi northbound to - Widen Z.H. 352 overpass at Lakeview Boulevard to 7 lanes iII the designated thoroughfare staandirdaofufour tItAss, divided. NOT2t Signali=ation and widening to a five lane section of Meadowlark Road at I.H. 352 is assumed, I i 1 II I ~ I j i II k i r i 1 Li { y 1n A00 15 23 18 Yluo !9 22/ i 28~ '~ux v 30 32 ' 31 36 ~•~N33/ 38 37 ` 40 39 41 "CAM CMKK mavlaM I $OtNR KY 0. Iz~t~~~~ 11 I.JPhm ILIA DoVolopMemal p"Sln0 ~Odw Phun I Pht INCA LGAovlovr G+'~olopMOnt i i r I I a ,e NORMS I ~A1f! ' l[WIlVlirl[ MCI 1711 d! r wll f •r I • I I : I : . '4s ~ J 1 a. LB GE N Dt ~ss~s fbld Iwterrwst' ~ s Ter$ Lana LW 3+0" FIGURE 12 Owolopnowtal Phasing ph@" III A Improvements i I I _i 5 I st ' • PHASE IIIs TRACTS - 27, 29, 29, 30, 31 (sea Fiqures 13 and 14) Extend Lakeview Boulevard from Tract 33 to Tract 22 as a six-Lane, divided roadway Construct right-turn lanes ate Loop 206 Bypass and I.H. 33t Northbound Service Rd, southbound to northwest- bound Loop 288 Bypass and IsH, 338 Southbound service Rd, northbound to southeast- bound i I l I ~ ~ I i 1 i I I ~ i r I 'Ali 316 ILA00 15 23 18 MILLI 19 22/ COMM ^Q/ 27 CRIIK 30 29 32 31 36 38 37/ 40 39 41 ►IOAM CR/IR ARIVIew LMNDd r 1 FIQUIN 19 IWe. C] PhM Ills Developmental Phasing Phs" Ills Otbu Mon Lfiksvlew Deveiopment I i t E t Nw r. 110 WOO k • 3 lAK( l(WI~YIII( i+ VCIIININ i 1K1~ •i 1 4 1 i~ i~ 4 ' ~ I I 1 1 I II M OKAOADO I LEGEND' 4, 1.444 Impto"l(sa h Tura Lase 1 plal3lls~ 14 Dovolopro"tal phaalnl: phaso III # Improvements I 1 h r 9 , e Build the bridge over Cooper creek e PHASE IVA TRACTS - It 2, 3, 1, 3, 6, 7, 6, 9, 11, 18, 191 20, 21, 22, 23 (see Figures 10 and 16) J Extend Lakeview as a six-lane, divided 1 roadway from Tract 22 to U.S. 380 Provide signalitation att Mayhill and alagq Mayhill and Mills Lakeview and Slagq Lakeview and Mills Lakaview and F.34. 126 Construct right-turn lanes att Lakeview and V.S. 3600 eastbound to southbound j Lakeview and McKinnay, southbound to westbound Lakeview and Colorado, eastbound to southbound Lakeview and Meadowlark, westbound to j northbound Lakeview and Shady Shores, southbound to westbound - Construct left-turn lanes ati E Lakeview and V.S. 3801 westbound to southbound Lakeview and XcKinnay, eastbound to Lakeview and northbound eastbound to northbound j Lakeview and Keadowlark, southbound to eastbound to be built to their designat and ed thoroughfload are standaassuzoi rds. Narsf Mills Road and slagq Road are assunk to be driveable. Future study yy be required if they are not in an acceptable state for motor vehicle use. I ~J nrwe.~j0 4 5 6 lo""] 8 9 '1, ll •LAG4 15 ~ 23 18 20 19 22/ 28' ooo.l~ Cll!!K i 30 32 31 wM,N33, 36 38 37~ 40 f 39 41 n"m eooar. wuvtlw L2"NDs Kv D. FIGUA! 15 ❑ Phw WA Dwolopmentsl Phosln0 Phone IVA MOthK Phew lokovlow Oovolopmont low ~ z it 1 t r rwr, ua i,: I ~LA40 " LAKI LtwIS'nllt wetihWr WMlt Wood . t yI Qowomww L80ENC: 4 ,t fir. Roar tmorovaaeat Tire Lase r Siegal t+r°r aa°'tt u Bridge ` R~uuae~ ie OAvolopme+ntal phasing 'hooo IV A • Improvsmsnte Y d f • PHASE IVB TRACTS - 12, 13, 14, 15, 160 17, 23, 25, 26 and all remaininq tracts (sae Fiqures 17 and 18) Construct riqht-turn lanes ati •Mayhill and McKinney, northbound to eastbound, southbound to westbound Loop 788 and I.H. 351 Northbound Service Rd, northwestbound to northeastbound Construct left-turn lane at: *Mayhill and McKinney, westbound to scuthbound NOM If the bridge across I.H. 35L" is not widened, then additional studies should be submitted prior to advancing in the sequaa,cing scheme. NOTEt If Loop 280 Bypass is not built, there would not be any major impact on the transportation system caused by the Southview and Lakeview developments. i i e * Prior to the development of each tract of land, a detailed plan, meeting the requirements of Article 11 of Appendix b- 2oninq of the Code of ordinances, shall be submitted for City Council approval, after recommendation is made thereon by the 14 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 toyrovements associated with Lakeview boulevard, shall also be submitte4 and approved. i 1i I or low I i 3 1 OLAQO l3 ~ 15 16 14 23 17 % 17 -1 18 25 t YILLO 19 2 22/ ' j eoaeR 28/ CROIK f 30 31 32 ~ ' I 33/ 36 38 37/ 40 MINN ,.CAR eR.IK 39 41 u IVIGW kro. ❑ P1wr IVs ~~ovAe » Modr Phws povslopmWal Phasing Ph&" IVS Lakeview Development i 1 J T~W r r Mwr. 3l0 y a l Alf I IIWISVILLE MtR MNit7 WKLS s MI„ 3 I 7 j I 1 LEGEND: h Tore Lap * To be Deters lead Later y FIGURE 1A DwIDIOPM011181 PNoMng PAEN IV 5 ' ` Improvemonla 1 1 I ~ 1~ I er r~ . a • i^ 1 ~I r~ ♦ • I AA_ 1 ti114 r r 1 n .III. I ~ • j ~-~rlw~r ~ ww... rlw ~I.IrNgr~Y 'I SOUTHVINW ML**Sdft O*VSAWVIMW No~, MR" IMI Y~I N aM _ 1 Iw . M• IIM~MI N .IY 11 Yl i,i MS•1 .•.M w'.i' •i~ .~w "•.i M1 ~•~~~•rr wn•Y wr A+W •Ylr E ~ I i { I ,s H S 7.' EXHIBIT "DP-1" DETAILED PLAN FOR SOUTHVIE a. TRACTS 10. 14. 16. 17. 18. CONSISTING QF; 1. Legal Description (9 pages): 2. Detailed Site Plan (2 pages); and 3. Development Standards (23 page;). I f i i 1 ~ I I lr j I Y {C~ D I1 ` r , 14 r, LEGAL DISCRIPTION TR-10 Being a tract of land situated in the Gideon Walker Survay, Abstract Number 1330, Denton County, Texas, also being a porticn of that certain tract of land as described by deed to South ` Lakeview Ltd. and recorded in volume 7084, page 711, County Records, Denton County, Texas, and being more particularly described by metes and bounds as follows R BEGINNING at the northwest corner of said South Lakeview Ltd, tract! THENCE 9 171 26' 45" E, 1042.00 feett THENCE S 021 33' 15" W, 430.00 feet; THENCE 9 421 26' 45" E, 262.84 feet to the beginning of a non- tangent curve to the left; THENCE 754.42 feet along the arc of said nen-tangent curve to the left, through a central angle of 27. 42' 304, a radius of 2560.C0 feet and a long chord of S 38' 20' 04" W, 747.09 feet; I THENCE S 241 281 49" W, 292.08 feet to the beginning of a norn- tangent curve to the lefts THENCE 209.27 feet along the arc of said non-t..ngent curve to the left, through a central angle of 22' 27' 140, a radius of 534.00 fast, and a long chord of N 761 44' 48" W, 207.94 feats THENCE N 87, 58' 25" W, 491.30 feet; THENCE N 02' 46' 22" E, 1473.0.1 feet to the POINT OF EEGINNING and containing 33.496 gross acres of which 1.150 acres lie within the proposed right-of-wmy of North Swisher Road leaving 32.346 net acres of lend, more or less. 4 I Y CiS No. F118037101 03/23/69 M1 860371.D10 PAGE 3 OF 12 i i 5 i k , LEOAL OE/CAIPTION TA-14 Being a tract of land situated in the Gideon Walker Survey, ! Abstract Number 1330, Denton County, Texas, also being a portion of that certain tract of land as described by deed to South Lakeview Ltd. and recorded in Volume 2084, Page 711, County Records, Denton County, Texas, and being more Particularly described by motes and bounds es follow t COMMENCING at the northwest corner of said South Lakeview Ltd. tractr THENCE S 870 26' 45" E, 1655.55 Coati THENCE N 03' 23' 48" E, 320.17 Coati ! THENCE S 87' 16' 59" E, 1883.57 flat? THENCE S 02' 33' 36" W, 388.54 feet to the POINT Of BEGINNING? THENCE 9 OZ' 13' 76" W, 536.07 teat( ~ THENCE N 17' 26' 21" W, 280.00 Coati THENCE S 02' 33' 36" W, 217.25 feet to a non-tangent curve to the right? THENCE 393.51 feet along tho ere of said non-tangent eurye to the right, through a central angle of 46' $61 200, a radius of 460.00 Cast, and a long chord of 9 44' 21' 57" E, 382.59 feats III THENCE 9 020 33' 36" W, 315.96 Coati { THENCE N 16' 12' 21" W, 1666.35 fast? f THENCE N 010 47' 39" E, 190.00 foot! THENCE N 26' 12' 31" W, 70.00 feet? I THENCE N 314 47' 390 E, 192.00 feat? THENCE N 54' 47' 390 E, 111.00 test? THENCE N IV 47' 39" E, 110.00 fast? THENCE N 09' 12' 21" W, 11203 fast? THENCd H 49' 20' 570 E, 40.00 Coati THENCE 113.21 feet along the arc of said non-tangent curve to the right, through a central angle of 134 30' 49", a radius of 480.00 feet, and a long chord of N 33' 53' 390 W, 112095 feet? THENCE N 27' 08' 140 W, 251.50 Coati THEM N 62' S1' 46" to 40,00 feet) THENCE 8 27' 01' 14" E, 251.50 fast to a curve to the left? THENCE 410.10 fast along the arc of sold curve to the left, through 3 a central angle of $3' 29' 370, a radius of 440.00 feet, and a long chord of 9 53' 53' 030 E, 396.04 feet? 1 THENCS N 01' 47' 400 E, 91.61 Coat? 1 THENCE N 77' 13' 36" E, 152.00 feat to a non-tangent curve to the right? C68 No. (119037101 Rev. 05/12/69 Page 1 of 2 1 180371.D1 1 PAGE 5 OF 12 1 1 1 x r THENCE 163.84 feet along the arc of said non-tangent curve to the ri;ht, through a central angle of 34. of 08", s radius of 275.00 feet, and a long chord of N 41' 59' 19 E, 161.43 fast) THENCE. N 59' 03' 53" E, 159.81 fast to a curve to the rights THENCE 204.60 feet along the aro of said curve to the right, through a central angle of 31' 15' 380, a radius of 375.00 feet, 1 and a long chord of N 74' 41' 42" to 202.07 Coati THENCE N 02' 33' 36" E, 65.29 feat) THENCE N 59' 03' 53" to 401.71 feat) THENCE N 85' 36' 25" E, 289.13 feet to the POINT OF BEGINNING and containing 16.557 gross acres of which 3.677 acres lie within the proposed right-oC-way of Meadowlark Road leaving 32.880 net acres of land, more or less. a I + I i a J ~ I 4 I C48 No. V160037101 Rev. 05/12/19 Page 2 of 2 1 810371.08 PAGE 6 OF 12 J C g A A~ P LIGAL DEBCAIPTIOW TA-16 Being a tract of lend situated in t and being na pwollker ortion of that Abstract No. 1330, Denton County, T Texas, tract of land described in a deed to Shiloh Limited Partnership in Deed Volume 2289, P8q• 278, County Recordy described bytrates and said tract of land being more particularly bounds as follows; BEGINNING at the northwest corner of sold Shiloh Limited h Partnership trectl I THENCE S 87' 30' 19" E, 1077.60 feet; THENCE S 67' 56' 25" E, 310.85 feats THENCE S 02' 01' 35" W, 34.05 feW THENCE 9 87' 58' 25" E, 226.28 Eeetl THENCE S 02' 24' 02" W, 213.30 feet; r THENCE 9 46' 13' 14" W, 99.12 lead the beginning of a noir j THENCE S 29' 20' 10" E, 2;4.60 feet to i~ tangent curve to the right; curve to THENCE 215.23 feat along the arcof said wAose tediuF isa 11401 00 through a central angle of 1%449; 23 W, 214.91 feet; feet, the long chord of which arS 60' S1' " THENCE S 66' 15' S3" W, 338.21 feet to the beginning of a curve to the 10ftl the aro of said curve to the left, THENCE 1135.25 Cut along , 230 whose radius is 1260.00 51 37 , through a central angle of feet, the long chord Of which beers 9 10' 27' 12" W, 1097.24 loot; THENCE S 14' 38' 29" W, 17.37 feet to the beginning of 3 nor" ; i tangent curve to the left) I THENCE 311.78 feet along the arc of said non-tangent curve to the left, through a central angle of 11' 34' 40", vhoa4 radius is ! 1542.93 feet, the long chord of which bears N 66' 36' 11" W, 311.25 ` feetl THENCE N 74' 23' 31" W, 215.79 l4atl bt to the POIN7 69 containing2 411 33 21 9r 601a Ir es of which 1.0144 Act"t11a 0vithin the propossd right-of-way Of pockus page Road, leaving 43.21E not acres of land, more or 14060 I Cab 140, T118037101 03/23/69 N1 610371.02 PAGE 7 OF 12 I w f t { LEUaL DESCRIPTION TR-17 Being a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas and being a portion of that tract of land described in a deed to Shiloh Limited Partnership in Deed volume 2269, Page 2380 County Records, Denton County, Texas, Said tract of land being more particularly described by mates and bounds as followai COM3tENCINC at the northwest corner of said Shiloh Limited Partnership tracts THENCE S 87' 30' 19" E, 1077.60 fact; THENCE S 670 581 25" E, 1144.65 feat to the POINT OF BEGINNING; THENCE continuing S 17. 58' 24" E, 29.02 feet; THENCE S 02' $71 33" W, 744.44 featr THENCE S 65' 17' 45" W, 330.97 feet; THENCE S 23' $61 05" E, 147.36 feet! THENCE 9 649 311 31" W, 194.84 feet to the beginning of a curve to the lefty j THENCE 119.67 fast along the arc of said curve, through a central angle of 62 SS 551, whose radius is 200.00 feet, the long chord EE' of which bears S 33' 03' 33" W, 208.80 feetr THENCE 9 01' 35' 35" W, 230.98 feetr THENCE 9 75' 40' $10 E, 154.05 fact to the beginning of a curve to the right; THENCE 169.10 feet along the arc of said curve through a central angle of 77' 301 280, whose radius is 125.00 feet, the long chord of which bears S 360550 36" E, 156.49 feetr THENCE S O1. 49' 38" W, 222.99 feet to the beginning of a curve to the rightt THENCE anglo of2463020foot long 1 020,whoseeraare dius of said a150.00 feat,~rthe long chord of which bears S 249 59' 39" W, 118.02 feet$ THENCE S 469 090 40" W, 14.74 feetr THENCE S 429 26' 19" E, 147.36 feetr THENCE N 449 230 26" E, 53.25 feet$ THENCE 8 56' 55' 13" E, 35.98 foot$ THENCE S 03' 11' 021 W, 80.00 feetr THENCE 9 009 05' 06" E, 422,57 feet$ + THENCE N 86' 31' 21" W, 587.44 feet to the beginning of a non- 1 tangent curve to the lefts THENCE 613.90 foot along the arc of said non-tangent curve, through a central angle of 14. 44' 034, whose radius is 2317,22 feet, the long chord of which beers N 370 171 43" W, 612.21 feetr C69 No. F111037101 03/23/89 Page 1 of 2 M1 880371.D3 j i PAGE 8 OF 32 i Flow P THENCE N 45' 54' 32" N, 276.97 feet to the beginning of a ctrvs to the latt? THENCE 731.07 feet along the arc of said curve, through a central angle of 120 17' 39", whose radius is 1542.93 fast, the long chord of which bears N $2' 07' 22" N, 330.44 fast? THENCE N 14' 38' 29" E, 49.19 feet to the beginning of a cure to the right= THENCE 1027.13 feet along the arc of said curve, through a central angle of 51. 37' 230, whose radius is 1140.00 feet, the long chord of which bears N 40' 27' 13" E, 992.74 feet? THENCE N 660 15' S3" E, 336.22 feat to the beginning of a curve to the left? THENCE 918.69 feet along the are of said curve, through a central angle of 41. 47t 04", whose radius is 1260.00 feet, the long chord of which bears N 45' 23' 21" E, 696.66 feat! THENCE N 24' 28' 49" E, 177.15 feat to the POINT OP BEGINNING and containing 44.251 acres of land, more or less. i i I l i I` ' II Ci8 No, (111037101 03/23/19 Page 2 of 2 l Ml 110371,D3 I J PAGE 9 OF 12 I ti :K ~ t i LEGAL 1DXSCR2PTIO71 TR-16 Being, a trace Of land situated in the Oldton Welker Survey, Abstract No. 1770, Denton County, Texas and beinq a portion of that tract of land described 1 + Carty Rtcords, L Denton county, Taxasn to shiloh Deed Volume 21891 page 276, metes and said tract of land being mor• prrticularly described by bounces as follows' COMMENCING at he northwest corner of said Shiloh Limited partnership THENCE S 97' 70' 19" E, 1077.60 ftatl ,'HENCE S 87' 59' 25" E, 1178.09 festl THENCE S 07' 57' 19, 744.44 fast to the POINT OC BEOINNINO? THL.4CE continuing S 02' 57' 77" We 344.07 ftetl ( 1 THENCE S 01' 27' 09" We 1070.15 feet) THENCE N 06' 41' 56" We 202.51 featl THENCE N 56' SS' 17" We 75.98 feet! 26" We 57.25 feat; ~ THENCE 9 44' 27' THENCE N 42' 26' 19" We 147.76 tests THENCE N 41' 09' 40" E, 64.74 test to the beginning Of a curve to the left? ntral THENCE 121.10 feet along the arc of said curve, throughlanq chord angle of 46' 20' 02", whose radius is 1S0.00 feet, the I of which bears N 24' $91 79" to 111.02 fest? ing of a curve to THENCE N 01. 49' 76' E, 222.99 feet to the beginn ! the left? THENCE 169.10 feet along the Ara all said curve, through a central angle of 771 10' 261, whose rsdias is 125.00 Lest, the long chord of which baa76 N 16' SS' 76" We 156.19 Ls"? ,I THENCE N 73' 40' Sim We 154.05 fattl THENCE N 01' 77' 1S" E, 270.11 feet to the beginning of a curve to the right, THENCE 219.61 feat along the arc of said curve, cont chord angla of 62' 55' SS", whose radius is 200.00 feet, the of which bats N 17' 07' 11" E, 201.10 ftatl THENCE N 64' 71' 31" E, 194.14 feats THENCE N 27' $5, OS" We 117.16 Ce• I THENCE5' 17' 450 9, 330,97 fasmatt t t or POINT Of "11"180 and containing L0.454 acres of C62 10. f161017101 07/27/09 Ml 610771.04 PAGE 10 OF 12 1 1 yt , r LEORL D=aCAIM'ION RIONT-01-NAY TRACT eelnq a tract of land situated in the Gideon Wa ksr Survois that Abstract Number 1330, Denton County, Texas also being all of ribed cert desc dead rcordedtincVolumee3107, Page 610,bCounty A cords,? Denton CoLtd. Texan, a portion of N. K. i T. Railroad right-of-way, a portion of that certain tract of land as described by deed to Shilch Limited Partnership 2.s recorded in Volume 2289, Page 278, said County Records, and a portion of that certain tract of lend as described by deed to South Lakeview Ltd. as recorded in Volume 2084, Page 711, said county Records, and being more particularly described by metes and bounds as followau BEC3N4I83 at the southwest corner of the aforementioned Shaly Shores Ltd. tractt THENCE 35.45 feet along the arc of a curve to the left, through e central angle of 02. 15' 53", a radius of 897.00 feet, and a long chord of N 15' 46' 29" E, 35.45 feet; THENCE N 14' 38' 30" E, 693.68 feet to a curve to the right? THENCE 1135.25 feet along the ■rc of said curve to the right, of 1260.00 tact 9, 230, a 1097 24 radius feat! through central chord of anql 40a of 4 27' , 12" 371 and a l i THENCE N 66' IS' 53" E, 336.71 feet to a curve to the lefts 1 THENCE 871.38 test along the arc of said curve to the left, through a central angle o221 210 f 41' 4 E, 81307 foetus of 1140,00 feet and a long chord of N j THENCE N 240 28' 49" E, 52.49 feet to a non-tangent curve to the left; THENCE 182.62 fast along the arc of said non-tangent curve to the left, through a central angle of 23' 27' 14", a radius of 466.00 foot end a long chord of N 76' 44' 48" W, 181.46 feet? THENCS N 17' 58' 35" W, 499.21 fast? THENCE N 02' 48' 22" E, 68.01 feott THENCE S 17' 58' 23" E, 191.30 feet to a curve to the right? ~ THENCE 209.27 foot along the are of said curve to the right, through acentral 9 an761 44f gle of 4331 8' 211 1410,4 a radius of 534.00 foot and long feett THENCE N 24' 28' 49" E, 292.08 foot to a curve to the right; THENCE 1043.04 foot aloe the are of said curve to the right, 510, a 1radius 1360.00 ;sot, 434 221 through clnNl 0 ■nd a long chord of THENCE N 63' 51' 46" E, 402.38 fast? THENCE S 27' 08' 14" E, 120.00 foot? 1 THENCE S 63' 31' 46" W, 402,36 foot to a curve to the left? C43 No. F148037101 03/33/89 Page 1 of 2 H1 8!0371.011 I !r ~ PAGE 11 OF 12 J f ~ i or low t P. ~ T THENCE 964.66 feet along the arc of said curve to the 1-eft, through ti a central angle of 381 22' S7", a radius of 1440.00 feet, and a long chord of S 43' 40' 18" W, 946.72 feett THENCE 9 24' 2a' 4')" W, 412.97 feet to a curve to the rights THENCE 918.89 feet along the arc of said curve to the right, through a central angle of 416 47' 04", a radium of 1260.00 feet, and a long chord of 9 45' 22' 21" W, 698.66 feett THENC: S 66' 15' 53" W, 136.22 feet to a curve to the lefts THENCE 1027.13 feet along the aro of saiu curve to the left, through a central angle of 51' 37' 23", a radius of 1140.00 feet, and a long chord of 9 40' 27' 12" W, 992.74 feetr THENCE S 144 38' 30" N, 693.68 foot to s curve to the right) THENCE 25.17 feet along the are of said curve to the right, through a central angle of of 2S' 050, a radius of 1017.00 feet, and a long chord of S 15' 21' 02" W, 25.17 featt THENCE N 60' 14' 06" W. 120.83 feet to the PINT Of BEGINNING and containing 14.407 acres of land, more or less. I f I ll I I a ~ ~ J I C6! No. ►181037101 03/23/89 page 3 of 2 N1 860111.011 k PAGE 12 OF 12 i 1 . Irgi hO1M 14 ' _ ~ _ _ x1114 )VIrY'J,1, awl ,r ~ i II 1T ~n ~I ~ ~If pp (I~1 1 hill 1.. 111 ~7rlj 4 11 r .11 I{1 r'f' ` , 1=~,I,N'G'I.KI QYOl~ly}LS,I~MS ' { I ~~1 _ ~ 1,j ,/I' 4f1\• w(, _ ~'~1// a.~_ r ,'1 iii ~i '111. 1, 1 ~ • ' 11401 L' II I~ I ,3~ \y1'N. \rl I 3'II~~. ~`~y{ ht✓"1 •',i'f ' 114i 1♦.'~L. 1 1F •'1••r, lrn, / 1 ; 1,. 4]/. _ 1 h. 1. r I J 1 ! Ltp ,r r~ ~'r I1+ -1^ 1' Il ~1 fl ~i~! e 1 I'~ 1•..111, !q r I~Z1 / '~n~..._~ 1 I arm , l,R.1 1 y~ ! ~ ill i~r,{{ i~ I I I r h,t ~ , r l 111 i t 111, 1 ' ~ ,r~ 1}1 ril, I I I ~ J ~~~I III'i~ I i I S i~ I d, I` LOU 10 1 F ~N . it / r.ur,~/ I ' I / ia~ 1 i 1 , wR;i MAX% eA T O. s ~a~ I ~i O I ~r'.A r ~ Lw- +p„qi. / % a 1 Yr a\J^~ :#a ,~r_ , ! A + r»Y.YN I I 7 d ~ r.~ d Y ~R•1)~ 1' , ~ er 1 N,'~, ~ ± ~ I IGAI prlx Ielloq./eeu - -rung" a SI DOM MIS f I~ j! ` ,J' ~ ,e.la r . 1Y , r h,. / ! ,y ~ i' 1 „II ' 1 ~ 1 s rJA • 1 e Y iT~ t r li r., ll,• j ~ • Y , n ' / y 1.. T . f 1 111! l~ Gat ~:ti r,- 'IL , I 1 sit bAK1111 t _ YKY Y k c Yrra c:.r1~ 3 ~I" .4 Ie r . M 1 f Y i .,I Y • ,'1 \ - II I ~C Dim hkk MR: I II III NMw •r „H w. .1 1 l11 - SOUIHVIE1A DIOf10NTW I r ~I 1 rwAu a AND If A( ett If u Of MAN r t,,, j SS' y 1 1111 Nn MNl r y r•I M Yyu YII Yr,l, 9 iNl -..i- f I a ~ ~ T'' II , . I N»YIr 11N Y. r.w•. YI.Y Y•N YI. ~+nIMNf,t~x.I.~nnlf4l%m I'~ I ~ 1 ~ ~I 1''~ clanuu+uwl eNIUNI»NKIN NI. ~~~~,y•Y~_ YNYNK t»IMI MYK .ifA 4L i MII MrYIw. .N WSYI I,Y» N,WNNII A."NII bMIMI }yp"~ ~ I ~ ~ -LI a1 M4XW NIN f0\I /IMYIIIYHN ~1. l i Lil YI i .,X r.r.N »,r YrYnrrar,r r•tr».Y~ _ ..?f' Y.III ' i 1 Y' , I war Yr 4 4r. M L» =_Y,• M. tr•1 •w. I • , i I I t i I I I DEVELOPMENT STANDARDS DETAILED PLAN August 9, 1989 ! j 1. Statement of Intent of Owners Southview Planned Development (PD) is a proposed mixed use development wirn _ _ commercial, residential, and ope°_saaca lead uses. The development concept is in response to% the physical relationship of the site to Lake Lewisville: com- patibility and diversity of land use LL providing community housing, emplo;meat, and cosvnercial activitys balance of traosportatioo system with lead uses public - safety with improved access- and circulations providing improved water and sanitary sewer system; aad maintaining open aJZace greenbelt as well as providing park and school facilities for the region, i 2. Statement Indicating Relation to Denton Development Guides I The intention is a Quality development for Denton in accordance with the Denton _ Developmeat Guide. - II 1 3. Total Number of Acres in Proposed Uietricts 184.2 acres. - I j 1 4. Lard Uses mad Tot,sl Number of Acres in Each Parcel or Tracts Total Proposed Acreage 1 a. Single Family Detached 163.6- b. Single Family Attached (townhouses, cluster, ate$) w -0- c. Attached P&tiO/Garden/Zero Lot Line I d. Duplex 0 I e. Multi-Fam~.ly "0 1 f. Office -0- go Neighborhood Service J -0h. General Retail -4)1. Commercial -0- J, Light Industrial -0- k. Heavy Industrial -01. Other (spectfy) School/Park -0' I Major R.O.W. 20.6 TOTAL 184.2 i i I, 1 r Development Standards Page 2 5. Off-Site Informatica - adjacent 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 lots, loading areas, access points. (Shown on concept or detailed plan.) See adopted detail plan or preliminary plat. Traffic signals snail be located at the foilowingi Lakeview Boulevard and I-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 MUTCD, revised September lb, 1988, blheu warrants are met RMB Realty, Inc, will pay their proportionate snare of tae cost to construct the traffic signals at Lakeview Boulevard and Streets B/F and Pockrus Page Road aid Creek Crossing Drive Lased on an independent traffic, eogineeriag study, that establishes tee need aid justification based on the rMUTCD Signal Warrant 1-8. The proportionate share will be based one the traffic generated by W Realty, i Inc. development as a percent of the total, k.4B Real, Inc. will pay the proportionate share of the independent traffic engineering study. The petitioner shall Install conduit for sianalisation at the proper intersections at the time of i roadway construction, Projected Traffic Generation. (Based on traffic study, if required.) See Traffic Exhibit (Attachment 1). 7. Buildlegss a. Approximate location. (Shown on concept or detailed plan.) b. Maximum heights See "Summary of Zoning Restrictions" on adopted detail plan (Attachment 2). c, Minimum setback@$ (Shown on concept or detailed plan.) See "Summary of Zoning Restrictions" on adopted detail-LIAn. d. Maximum gross floor area (square feet) for nooresidentials See "Summary of Zoning Restrictions" on adopted detail plan. T-W y f l 7 Deveiopmeat Standards Page 3 b, Residential subdivision: a- Number of units per acre (density): See "Land Use Summa, oa ado tad detail lam (Attachment 3), b. Number and location of lots: (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 Loning Reatrittipaa" on adopted detail plan d- Ainimum front, side and rear yard aetbacksi (Shown om concept or detailed plan,) See "Summary of Loning Restrictions" oa adopted detail plea. - - - - - - - - - - - - - - - - 9, Water and Drainage - approximate location of all existing or proposed creeks, ponds, likes, floodplains, other water retention or mayor drainage facilities and improvements, (Shown on concept or detailed plan.) See attachment 46 i 1 10, Utilities - location of all major sewer, water or electrical lines and facilities. (Shown on concept or detailed plan,) See attachment 5. 11. Location of trees lU" In diameter - six (6) feet from ground level. (Shown on concept or detailed plan,) See attatnmeat 64 12, Open Space - location and else of greenbelts, parks, common and recreational areas. (Shown oa concept or det►lled plan.) Shown on rellainar lat. To be owned apd malatalaed b the develo er and/or the homeowners eer the Decls-~tion of Maiateaance Coveaaats (Attachment 07), It I will be developed for passive uses only which may include one or more of the following: bike trails hikipg trails, oaan fields, picnic- ki_ ng,and other i similar passive recreational uses a roved b the DevelEMpt Revirr Committee. r I J 1 f R l C 5 E Development Standards Page 4 13. Screening - location, type add 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. Sea attacnmeat 8. 14. Development Schedule (concept plan) - stowing specific date detailed plan will is submitted, date to start construction and complete construction, and rate of development. All dates should indicate month and year. See Attachment $9. I ADDITIONAL KEQUIfLENENTS FOIL A DETAILED PLAN III 15. Landscaping Plan - major features add types of landscaping to be used.. Sea exhibits (Attachment 10). Additicnal. landscaping per City of Denton Landscape and Trea Preservation Ordinance. 16. Signs - shew location, type and size oa detailed plan] otherwise, signs must I conform to Article 17 of the Zoning Ordinance. Article 17 of the Zoning Ordinance. +I ~ 1I 17. Sidewalks. (Shown on detailed plan.) J 18. 1.11 information required for preliminary plat in accordance vita Appendix A (Denton Development Code) of the Code of Ordinances. (A separate plat is required.) j 19. Development Schedule (detailed plan) - indicating start and completion of constructioa and the rate of development. All dates should indicate month i and year. See Attachment 09. 1560j/10 J I ~Yzc.~man+ r ~ r. aim y Y- t! lilt -r-IT li ~ t I ~ 10 rT I r r I I I _ / • I 6 S 'Zo It jLT \ \ ~ a =j~ ~i~E•i a~~ 1; I Iii,; I ~ i 1.1 P11 P ICI I k'I i ram t_77;~ I d s J I 64 ~ , i Denton AI~ ---------J ~4P ; Shady Shores INTEl1NCTIOM I t reorosao roe 110MA41ZATN>al - _ ENAOY EMOREB OR. I POET OAK Oe i 1 Corlnth cy I QgGti y*i cAFF~ I I 1 i EXHIBIT I LOCATION OF INTERSECTIONS 1 /-.f N i 8/28/88 {REVISED 10/13/88 1 (UPDATED 8/2/89) SUMMARY OF DEVELOPMENT PLAN ZONING RESTRICTIONS - SOUTHVIEW OInNICi 16i AYNIA~ lM0 MIV#~~O NAU INIT7" . IA01 . t DO OIONlJ F A FADrIT YN10 YARD F/OY 011 VAOI 1'LA IUII PIA TuTIt OO FT YA11D /K V' F IAUEOI 1107 FM _ Ag9E CIO N $#Me FNOLV-! MJ 7.400 1F. IN we N SIR. NA ! NA 06 1/i, N I D*XOKL NA tJ 110 JO tll 14 101LL1 FIMIAY- 1! 1lt KfN of 1411 14 ■ N fOf N M % NA ! I.A W 101. N J EIfAOOJ NA t1 04 JJ JN M 1111QL. FFOIEY-7 Nt F. a" OF. E M IOO N N2 NA f NA of q't q I UIO(Ofu MA I 11 NO 80 fa* N 1 0 01111 FATLY-1 441 1.0N OF. . 104 N NR NA f NA of q'r, p t 4mx orlem NA 48 1.0 of tl0 Q ! N / FMLLY-N N / M.ON 1f ! 1 ■ Y W N K; f NA 1 NA 10 W. N f E/AL NA tf N all 112 r 14 T1-FNLYIJI NA NA rMA NA NY NA J NA if 1F iMTio/1 N Ift OO to !N J N O O O00 N MN/ONw000 l1 NA NA MA NA 462 N N V144 OF NA NA NA ILA NA rIV10/ i f 1 N.NO 1 1. H N 1 I (aI 1.• NA NA NA NA 403 1LFN ! its N N N I/TOO 1F, NA NA NA NA NI N O ;AAI I.I NI NA NA NA NA N/ NA NA NA NA NA NA NA NI NA NA NA NA tN1ldl Law. NO NA _RA NA NA NA NA MA NA NA NA NA NA NA NA NA NA NA FoTK1 1rrJr T F----F tll.ofo - N. Iq L~ III fnsrtY n.orrnrl.1 fntaFl" &04-Al LOW rl"tt wr Nt n 11fs M aT 1 IYOq Iotlpll t o1I 111 NAIiM 4 of top~ OW NN IMINWA wom /b 10 FM bmmk i 481 *PAN NN T11 &MrgW LMW PLOPAW NI N1Yr NMdAW O""g III NNONN Lot .U1 • ICON ".40.100 O.F.. N.tN /1J i I 1 { I E i I r l i LAND USE SI11IMARY ` FR:kvuo ACT. ACT. ACT. OPEN SPACE FRwm Tn~ f LOO USE l4sis LAITS OJIAC IN ACRES PER/DU FOWIION 14 S:-7 32.3 131 4.56 3.0 393 11 MuLT1441ILl 8.0 200 15.00 215 500 !,.Mm. SERVICE 4.0 ti SCFxk11PARil 19.1 SF-10 32.8 IN 3.14 3.2 330 NiIGO. SERVICE 2.0 _ V-7 43.3 163 3.76 2.B 310 439 „7 ?F-7 44.3 90 2.03 15.0 3.0 270 £F-li 10.9 23 :.ll 3.2 73 rA; 3R SIREET R.O.W. :0.0 - IVA:S 217.3 710 - 17.6 - 2055 i k ' I i { 1 • { I14 I 1 r •Y I LI I A7 I ` 1I ~ NK]l MI if 1% ~Fy V- 4 l~ } It ~,M r t ~ .~l tl. 4 ,~/r ~ y wwrr S . 1 V I ~ i war •A: • 1 ~ I y ; qzt rl•rr - -~ii~~~ ~ , tarn , 1- 7 ~ + $PACI . . Elm 1I iV fr . (~y " ~ .w. a.."..Iw.. rueawr+w•, ( r r t~ 1 r Rt{.DNINARI' URAMArA rLAr FM ' +r11 , r - 4i ~ > 'r~TT~.' "-SOVTtMEW ADDITION•SECTKO ONE MM 1A AND TIACT N Of PRAM M ~ ` r I' ~ , r r W..IIIwMtYrl r,lllw YN. YY.M ~a..i DH 4., ~ • w••n we ^r r~..rrrn ii ~~wY '"•.`•1HA~~ I ` In .n ` ~ t,,' V~•~'•t ur"°"^"^a µnlo. wa wnrww. wn nii. JL-2 I I I i I i r l r •~UA` •1/r MVIIHAMaA l~%- F j' ~ ~1 f~ ~ , .Lt 7 , • \ . ,0 4 1 %.ys'i n. w yl I I it 1 1% yy ,IR•~ i ~ .r k f PIRA ~f~ 0 1•. , , .jlxuool,~rAU \ t~Ha - 1 e.. _ l A A r ' ` v.. 1 . \ 1 Iffy' L t v r I . ~ ~VI, 11 , ` MLI1MiNARY DRAINAGE /LAN I AR, 3 ~ r Vi j~ • SOUFKV1Ew ADDITION SECTION T w f ll I rI I1'~ Ij as i MASI IA AND TRA[f NpMAx N 'i' l : a`~•• w.ri.u'n: uw ar %•w: ~...w.rrr."' I I II L 1I 041 . ~ J , 'r... rl-~y:^1i•. dn[uatretaw. wolaeww,lrlalr wry A~•• C",•Y Y~r YrYN. w: [rIw L.Yw.lr as\MA7P N!RO!l I r»,onwroY roves wrw 44 n•aMN,Y wr .m.s~+NUr n~N w 11 Y ,N Y, r~nrlrnM r~llrwwri 'l • ' Y m,r.w x,.r . qr, •Y nYl w.r I i i w J 40 '`fit M-11 ZZ _ w _ L f - , L ` 111 e 1. r~L I ; , tl fEWiL $"VY[ r r, ,~1,~ I'p t'~'. - Kr l 7 w.'~:f-• '7, / y,m ~ I - • r 11 ~ ' l r I j~ a . 111 . 7l l . 14 L` ~ J uo•for • r'•,fY. ./f rw t11MiNAmi /GTsM 6A1/1T♦1Y EWER MAN (Olt j xW , IONA., SOIJTWMW ADDITION-SECTION ONE lt1 I • MIR M AM nACI N Of Huse • ..._...-..r ~~i~:.. •r 1, t 7r •i.ffnu r....~wwrwr.w..wwn. I ♦ rr wrrn• ~ 1 r r f:~ r r.r r. ra w w tl.a wr~~~ r,l i • „ten ~L~, ~ Iir~.' ~ w.eVOMri• ~~rr.•~~,, Cfwr: •YSK `1 `:IS 'n0 c / 1 .r, \ rrww.K Mfrmrrr•f ~II~ t'~r.', •7::' f ~ ~Lft , ~ w.~.+.~i..••~r.up'ri w. r•r.wn • ..w w, ~ Lt fj , tr wrr.r»n.r»ir pnrre•n nu♦nin - •~+fnl yr, ~r ` ~ ♦Y•' (L ~ •rll tll rML Pw tl•tl~r yy ~h 1 •1 y1• .611 ` •r }'i .w YnV IeM11.KI M•Y• / T ~ ! / 1 ! I '~r ' ::~:f..'~....w•.. r T yy{~ .4w 2 ~ ~ 14J~ ...w \ nTi T~~'•~ 7~4.:" ,.L....n.lL_.•L.L. ,,,e ~r r.~' ^'3r I f I I F 1 I I (.I . r w.r. ^_lll^~1.•.~.• ~ ~ , ~ 1 j I I 1 \r ' r VV . i H r I6i 11 : 1 I Ire ,RF',`f Ix. x 1• 1T' - I r r .°.,~i'~. 'Y. `-I 1S;• ref! ~ ~ I,a S,. Y~ Yl tl 'rlT+r 'L ! ~ I r, 4/ 5 '~~~1~ ~ I " 'L" ~C • ~ ~ ' 0 ~ Cis .w - 1 , TR-)~// h~'• 1 ~ _ ..h, ~-~J In. ' ' i vl. ^ ~2~• . I,, r ! r XNDO~ARS ~ lti~.. ,QiER 1 11 ~wL~ ~ 1J J' • 1. I M1 ~ - ~I • ~ 1 \ I Iw-w w xl ' r Jw ^ w~'wr R [wl - ! 4 1 +Y li Ml •I ~ w IS, 1 F Yx PRCIAMINARV WATCR ♦ SANITARY SEWCR PLAN 1:01 t L SOUMVIEW ADDITION•SECr[ON TWO ►NASR IA AND TRACT M d MASK IC ' II.~ ~.iT w., ,P Iy wr rrr •.`•r w• MMII,II Yx •wIM~IMYY•M,w M.4,.r. I I rl ll'_.+ 'JLL ,•+r',.r 'ti ~+•w.w MM.YI Ib IIM. C'1/w.Ywl+•rw.,,, .+w PJ - %.t II IrlS!!1.}i+40+!U.Ik±Sl41 ~ rte.. r..Yr wY... M.y `Ip~ R nldtoiURnlKw wrl • IAItlM1 Yw.IPIA ~I'I••.MIMIe q -,J~ ~ H~MII IrwI1 Y'I HM I. tN N4 ICY, x. xrU Hql 101.yx{HII. HiH Y N~xfH i H w'x bl HH 4n1 Y 1111 ..2 . I I 1 I I i -771 Y 1 I r I F 4 R10/^ Crp1 r-~ If IOACa VAN LEGEND: ~ u to wA - r.1.nr+awl ItNr PLANT ~ NNOl6 FAMILY » C= $0469 FAWLY Q CLusla NOMIa • 6 I +r 1 - JI U MULTI-PMMLr ! S \ I, COMM. PACIUTY NuoN. 6urwl DINERU aaiAll I ~I~ , 1 `I U L^ = SCM006 1PAAK I (D O PAR" III CoNNKT [ "T It ~~•rN.rrlt aon ocoRA uro. ~ r _ L)UST104 WATER I % Mo"GEO WATER 11 0• +r Q / lXlaT1N0 SANITARY sawLA PROPOEaD BANIyAAY SEWER \y 0 5 1 f I ( +r I `h I ,III' ~ ®I J ,•4EADOWLA K q0 I If/ 1 t _ ' II +r +r r Il,ar. LMr IrArON i +r t~ ' I r ~•~f rrj . ® •1 , 1100100 100 Iloa CONnICT T71uof w• ~N IN.D,' OnOAEI atrD~ , water a tiaNtrY •a+aM ~iY1tSOC ►1~=DarNePmaM ' DontaM Tuu ! ~ I of j OW NERSIDf ELOPERS Illj li RME REALTY. INC- E FAST CITY BAN : '7 T°yu£l 3tio e TES, %W 201 MAN ITR! TEXAS 14102 1 24 ".0, .ar .unN n,.1 Nr. PORT (w) 333.1 WORTK m+M'r I AN is sn .r 333,1466 MI MAl01 AlNI M. +IH 1 1 N r .i.r IwRw I • ~iti 41 w • ~ . I . ~ ~ - {i !s~-, ~-7 a • AJ fir.. _ nrl. It', . r . /alga xlsxf + I TRiQr~ I •,1 ' Y .e t 1 `I" 111 I I , •d I I ~ i i ~:Yi .r~ I, Yrl L1 ''i. ' ` .n~'~+I ~w.w T 1~ ~_r~. ` { I nj Y. `\~,wr\1 / l1`- \ t ✓ ._..J' r N ~tT~ 1~~-`~1 T I L` 1 ~ .1 r. OI~M,1MCf ]p ' rXil• I ff a'r ~r'1 w. `i ~ ~^^1 ~'Y4'R. ArJ'^I*.~.. 14 )IF ti t nt\, I• ~ fir: :1 1• k:1~• 1~,~.1, It ' • ~ Ibl 1 r f_ •,-i . ~'i ~ 1 T'n . + cX •~a M}rw.urw allwT4nwwnR yyy~~iiiIIl I y1 Lrn a MwXO.rvur.waoro ■ I 1. MI I ' ' i . / \r`~ !+J 1~1 .I~ ..4 RN wAvn [OMIT ( I r SOIITFIVIEW ADDITION•SECT'AN ONE ' N, fir 1 f MAU M AND TIACT M Of PHAN M I t' i J l t•I; ~ ~!r , ' r I~ ,I w 11 ~ _1 ` ►r.IX.««n. r.r.r.l w. u.+..., ! Gin N , i• ~ ~ 1e..~ - ~ o.nll~orwiv.X trww.n.rser 1 {1 • ~ S X~wr 1Alt. r•~1 "X •rMM•1 I ' • • fN \ f,' \ ` Irn,.1~n+W XM ITI R.A XPI XnI ~ I .1 ~ .'ri.P 3MORf , -~•~A. 1 ` win X: .w X~n Ir X.. ~i / i w...a r..r . rr 2 4 s x i s R raj i .e. .n t .r. ,1,. ^ Y ~1: a^ :R!'. ~ { I " TIM it n, . . • 1- e I ) .I~ itr. '-..11~i~~ ,J'~ f r~•I I" tl.'• - 1. , a 1 +atrfrtiMlFr I 6 IS& i~~` ~I `t1 "~a1~1Dj at. .t, ~ ~'Rp •!1 + ' '1~°6 ( I j / 1 . ! lA t ,'R • . • • • a~/ t ~e'1 I ~ 114 ~~q A / •1, 1~ l.~r `r' S / 1,'• f 'i ~ 1I} 1 '~1+ -•i M' r G) ~ Wf. ' ~ . r ,I Iy a,,r iZ % ` , , F'' ~ 1r•n 11 .1 i 4R- I rf ~ 1 1 • f,• F e~ ~ i\ \ /,n. , 1 , ~ I 1 a'lt ~ r N ♦ 1 A . 11. '(b i ICrF. FFRYICI I a r t ~ h.; r , ,a f ,y RR • C11FFR CIOSSINC DIIyt . ; `j~~, ,7R ~ t 1I 1 x.11 ' 1 _ 1'. / F ~ ~ ,~D4 r'' \ 1r ',j M1 t^I 1 I• j1fIS^.~+♦ru"r+ ' /.I• i, f••t 1 - ',r 1• ,y. •a ,.J Y~ ~11 t •j`-nj' ~r'~.. L.~, ~ Ih 1 •aL Y, :F~\`/ llr ~•.7, t► 1 , W ~01. ~,-".1 E .1 r I A I f _ EE +an o¢ •11111_ ~ y " • ~ ~ • I Ijiq A : A , S~. yj! 1' . 11!' rw,. a. i~~_.. rw ♦_rr `.ran of r.w+T. w.iw •aii iI` ••I•I lKr r`ON•1 .\M1ITIMA•1r+Iw Yi1M T, III n w-n I •^.w%R^-r • ~ rRR wRnr tRIfe7F I~ _ ! SOUTHVIEW ADDITION-SECTION TWO +I 4 IIl y'il L I 1•.':~• IH!IfF FR AND iRACF H of lHAft It i r•.arne.~...+.wwrwYYNr.e.,.a, III 1_ 1i nr. f` 1 'y •M.IY rIM. br11 F,•.. M1_irwA tiN l ` t) [J OwVerp.I,Q0e111 <rgKlN.11..11[p aYlr IJ•I~ LL!S!M..lI1PV.rLn/19R F ~ •nM♦h. ne ew+wee•wAee t/1 ` yr rwi em ew rose r•4 rrs lnnl M~-•w lryrl, lm NN re Yn nrf ♦'J1111 h•N hi^ ral fTiw h.n NPI v V 0 100 Ir a Ye mum fU bM n,/I IN Wr K a[nl . rlfr MIr{ I J ATTACHNENT 7A any action to be taken by the shall be as set forth in its Articles of IF-Corporation 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 IIr. COVENANTS FOR ASSESSMENTS x,,01 Creation of the Lien and Ohlication of Assessmentl. 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 jay into a maintenance fund of the I (i) regular annual assessments or charges or ma n chance an replacement of Common Area Propertiesi (il) special group assessments for capital improvements (as provided in Section 3.04) or unusual or emergency matterep and (ill) special individual assessments levied against individual Owners to ceimhlrss the fe.r maintenance and repairs made necessary y e 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 %t the time when the assessment became due. The lien shall be eaforceable by the and in the evRnt a Site has been subdivided or su ee to a Condomioius ragime, the lien say be enforced by any Member against the Site which that Member representsa Every such Keaber shall allocate j 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 eon subdivided shalF' be the personal obligation of every owner of each Lot on the Site and shall not be the personal obligation of the Member representing the Site except to the extent that that Member would otherwise be liable an an owner. r DECLARATION OP MAINT ANCE COVENA TN g i~ i l C w ATTACHMENT 78 0~. Py[pose o! Asss_•sRents, 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 f.. the (i) maintenance (and replacement as necessary, but excluding initial construction unless authorized pursuant to Section 3.00) 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 ; (iii) paying of the costs of labor, equipment (including the 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 out the purposes o Ehee as stated in its Articles of Incorporations an v carrying out the various matters set forth or envisioned in this Declaration. 01 Basis and AmG{ipt _ 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 casts and s the future needs of the provided assessed however, that the annual assessments shall be ratably j based solely upon Acreage. 01 Special Oroun A2ssssments~saeital improvements. In addition to the annual assessments authorized by Section 3.03, the may levy in any calendar year a specie 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 must have the assent of two-thirds (2/3) of the votes of the Members of the entitled to be cast who are .,oting in person-or by eg ma a proxy at a meeting duly called for this purpose, provided that any special group assessment shall be ratably assessed based solely upon Acreage. 1 3104. Date at cpemencemsnt o As:saamental Due Datsse The annual assessment provided for h[ erein shall commence within sixty (60) days of the sale of the first site a date fixed by the Board of Directors of the andishall be payable quarterly, in advance, on a first ay o! the first month of each such quarterly period. Annual assessments for sites owned by the Declarant shall be payable by the Declarant. The due date nECLAo~ TI N Or KAINTENANCE COY TS A I i ` s1 i T ATTACHMENT 7C or dates, it it is to be paid in installments, of any special group assessment under Section 3.01 shall be fixed In the Resolution authorizing such assessment. 1416 _ Duties of the Board of Directora with Respect to 8ssessmentt. (a) in the event of revision to the amount or rate of h 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 the assessment agTt sear to an -EEG apppllcable 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 r--~ 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 i , (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 +etting forth whether the assessment on the e er s e as een paid. Such certificate shall be conclusive evidence of the payment of any assessment therein stated and have been paid. th• Qwn gLj_M 'Lffif!n 51 9W , (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, than 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, dlvisses, personal representatives and assigns. The shall the right to reject partial laymen s o any assessments and demand full payment thereof, or !t may accept partial payments without waiving any rights with regard to the remaining balance due. The obligation of the than 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. U6L6=10d QtMiNMaurca CovUTS ~ i +I i i I I a A„ l I 1 U C \ o \ ~ I J J t 4 1 {i t y I'~ rl •J.~1'r~MI.M.lUM, 11Fw1 T -7 -W -7 ` 4. ^I ATTACHMENT 9 SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE PHASE IA SITE PLAN CONSTRUCTION F PHASE TRACTS ACREAGE SUBMITTAL/REVIEW ,START IA 109 14, 184.2 March 1989 Nov. 1989 I 16, 17, d 18 IA 11, 12 14.0 July 1995 Jan, 1997 f S 16 iA 13 19.1 (See NOTE 3) { NOTE: 1. No building permits shall be granted for Phase 1A multi- family or neighborhood service uses on Tracts 11 and 12, and Phase 18, Tract 15 or any additional phases until detailed development plans and utility plans illustrating water } distribution systems to satisfy fire protection requirements are approved. No certificate of occupancies shall be granted for multi-family or neighborhood service uses on Tracts i1, 12 and 16 until water distribution system is approved. it 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 following: Bike trails Hiking trails open fields i Picnicking And other uses as approved by the City of Denton 3. Detailed plan for Tract 13 will be submitted after property f dedication. i PPe. 7R. j 1 t .;1 I ti ATTACHMENT 98 SOUTHVIEW ADDITION DEVELOPMENT PHASING SCHEDULE AUGUST 26, 1989 (Revised August 8, 1989) NET % OF SITE PLAN CONST PHASE TRACTS ACREAJE; PROJECT SUBMITTAU REVIEW START i IA 10, 14, 184.2 49% March 1989 Nov. '89 16, 17 6 18 IA 11, 12, 14.0 4% July 1995 Jan. 197 6 16 j IA 13 19.1 b% IB 5 - 9 36.5 9% March 1992 July '92 II 1 - 6 124.9 33% March 1994 July 194 378.7 acres i * Detailed plan will be submitted after property dedication. 1 E .F F 3 ~f~~~in~en~ /D ~4 ~ © c ';a r 4 I ~ •T l ~ ~ e~ ~ d ~i f ~ o ~ m~ ~ ~ ,ti ~ ` rF ~ ~ ~ _ f ~ ~ S i ; ~ ~ ~ i C ~ ~ ~ r ~ _ _ . ~mi~~r}} ~uY ~jt ~ tlI~~ ~ .r. ;:1'~e .'~17Yt3 DSi Ih7-=~0~~'~: ~'~f~17 ~ ^ Yi11r 7~F1aYYI~IfAIi~iY1 VI1 1 r r 4 Will s `i 14 I {I 4 i l ~ I I I i H D,1ii;: August 15, 1989 CITY COUNCI'. REPORT i'Oi(Wf lu: tdayor and Meaabers of the City COU11cil kAOM: Lloyd V. Harrell, City Manager SUBJECT. PUBLIC fiEARING ON TAXI HAIL: INCREASE Recommendation: I After evaluating the Denton Taxi Service's request for an increase in tneir rates, we recommend increasing their present pick-up rate, time rate, and mileage rate. ' SU 94ARY As a result of the taxicab rate increase request discussion during the July 18, 1989 City Council work session, the Legal Department has prepared an ordinance increasing the rates as follows: o Pick-Up $1.30 o Time $0.25/9U Seconds o Mileage $1.1') I The proposed pick-up and time rates are identical to the most commonly found rates throughout the Metroplex. However, the proposed mileage rate is slightly higher. Ilse attached memorandum contains the results of our survey. Rack round: In June, the owners of Denton Taxi Service appeared before you to request a rate increase. Their request was based on an increase in expenses. They stated that their property tax aTpraisal increased, fuel cost increased, and auto insurance premiums doubled. Having been nine years since the last taxi rate increase in Denton was also mentioned as a contributory factor. During the July 18 City Council work session, one of the requested rate increases was reduced. The Denton Taxi Service originally requested a time rate of $0.20/45 seconds, which represented a 100% increase and the highest rate in the Metroplex. However, the owners of lenton 'Taxi Service were agreeable to reducing their request to a time rate of $0.25/90 seconds. 3 i I Y City Council keport Furiost Mbyor and Members of Lite City Council Page L Programs, lk-partments or Groups Affected: Nouc Fiscal Impact: There will be no financial impact to We City. Respec idly submitted: A/ 01 j 1 V. Parre City Manager Prepared by: Approved: 1 ~ I 1 f/Jojul F. McGrane Executive Director of Finance 173OF I I I F~ 1i I i 1 j 1 t i CITY of DENTON / 215 E• McKinney / Denton, Texas 76201 lSE.gA$~~$Sd~ nATE: July 12, 1989 " T0; Lloyd V. Harrell, City Manager FROM; Harlan L. Jefferson, Risk Manager SUBJECT: DENTON TAXI SERVICE RATE INCREASE REQUEST i RECOMMENDATION After evaluating the Denton Taxi Service's request for an increase in their i rates (Attachment 1), we recommend increasing their present pick-up rater time 3 rate, and mileage rate. i ~ M j EVALUATION There are basically four factors that contribute to the need of a rate increase by the Denton Taxi Service. These factors are as follows: o The level of inflation since the last taxi service rate increase o A decrease in the comiany's net profit while their gross income increased substantially o A survey of taxicab rates among metropolitan cities o The frequent change in owners of the Denton Taxi Service during the 1980's The present taxi rates were enacted in 1980. Since that timer the Consumer Price Index for the Dallas/Fort Worth area (which is a measure of inflation) increased 48.21. Although they probably did not experience an increase in all of their expenses that corresponded with the Consumer Price Inder.s increase3 certainly occurred in wages, rent, utilities, advertisement, licenses, maintenance, materials, supplies, etc. i Secondly, a review of Denton Taxi Service's financial records indicate that their gross income increased by 261, while their net profit decreased by 211. fi Memo to Lloyd V. Harrell July 12, 1989 Page 2 of 3. This was primarily caused by more than a 1001 ircrease in auto insurance, from approximately SS,400 to $10,865. Additionally, their auto maintenance cost increased by more than 800/r from approximately $1,338 to $12,537. When one considers the 261 increase in their growth margin, you have to conclude that they are being utilized by more citizens and making less money while doing so. Thirdly, we conducted a survey of taxicab rates in the metroplex to determine how compatible the proposed rate increase is to other rates in the mroa. The following are the results of the survey: TABLE I RATE CATEi0RIE8 CITY Pick-Up Time Mileage Addison $1.30 $0.25/90 Sec. $1.00 j Arlington $1.30 $0.25/90 Sec. $1.00 Dallas $1.10 $0.25/9u see. $1.00 Denton {Current? $1.20 $0.20/90 Sec. $1.00 Denton (Proposed) $1.30 $0.20/45 Sec. Irving $1.30 $1.10 Lewisville - $1.00 I ' S1.30 $0.20/90 Sec. $ .80 Plano $2.50 $0.30/90 sec. $1.00 i I of the proposed rate changer the pick-up rate is consistent with other citissi however, the time rate is higher than that of other cities and the mileage rate is slightly higher than that of other cities. These rates must be compared with two points in mind. Pirst, other citlas are also considering adjustments in their taxicab rates. Secondly, each city has to design its rates according to the characteristics of its community. In Denton, passengers often stop at several locations during one trip and ask the driver to wait. Under the present rate structure, the taxi brings in considerably less revenue while waiting for passengers, as opposed to transporting them. The impact of the time rate increase is exhibited in the table bf1ow, which compares the average cost of a five-mile trip between the present rotes and proposed rates. TABLE It Denton Taxi Rates Present _ Proposed Difference Pick-Up 51.20 $1.30 $0.10 Time 0.18 0.37 0119 Mileage Sao 5150 0150 Total $6.38 $7.17 $0.79 1 1 a V 4 Memo to Lloyd V, Harrell July 12, 1989 page I of 3. Finally, it is possible that the frequent change in ownership of the Denton Taxi service may be related to the profitability of the company. (During the !11 lest nine yearst the company has changed owners three times.) Without taking steps to improve their profit maryin, they will continue to experience difficulties, Apart from a rate increase, the owners should also consider methods of reducing their expenses. Although they have limited control over their insurance premiums, an expense reduction can be accomplished by implementing a vehicle replacement program for older taxicabs with high maintenance costs. It is recommended that the City Attorney's office be asked to prepare an •a ordinance implementing the request as made by the Denton Taxi Service. We have provided you with a copy of the present ordinance (Attachment II), Council may want to schedule a public hearing at the same time the ordinance is formally considered, if you have any questions or coruents, please do not hesitate to contact me, 1 Harlan L. Jef e n V HLJisjrs { a i I I Iff h 1663? J 1 1 r ~ AT'CACHMENT I I y4 " 4 1 e, Liz iLrLt,ll'. I ~ S / C ~u'Yl U~ ~I 1 4".i• ~ /.S/ GH I C-L~K,<~. ~Sw , LLC Sy d J I k /0 le) i Y I~ ✓v~ /v v / li ~C /LC-'~~.'-~+-C C ts- I I J 1 I i ~J f ! sa13 DENTON CODE 136 43 ARTICLE IV, TAXICABSe Sec. 20-43. Defin.1tions. City. The term "city" as used In this article shall mean the City of Denton, Texas. Driver, The term "driver" shall be held to include every person in actual charge of the operation of a taxicab, as herein defined, whether as owner or agent, servant or employee of the "owner" ae herein defined, Owner. The term "owner" when used in this article shall be construed to mean any person, firm, corporation, association, partnerehip or society who has the control, direction, mainte- nance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets or public ways of the city, whether as owner or otherwise, except as "driver" as herein defined. Person The term "person" shall include both singular and plural, and shall mean and Include any Individual, firm, corpora tion, associatlon, partnership or society, and their agents, ser• vents or employees. Street The term "street" as used in this article shall mean and include any street, alley, avenue, land, boulevard, drive, public j place or highway commonly used for the purpose of public travel within the Incorporated limits of the City of Denton. Taxicab, The term "taxicab" as used in this article shall mean every automobile or motor-propelled vehicle used for trsnsporta• tion of passengers for hire over the public streets of the City of Denton and irrespective of whether or not the operations extend beyond the Incorporated limits of the City of Denton; provided, however, the term "taxicab" shall not apply to motor buses oper- 41ditor's nob-Ord. No. 89-00, 11. enacted Oct. 19, 1963, amended Ch. 36, Art W in its enthety to read as herein ad out The substantive proHalons of former Art. IV, conaistin0 of 112043-26,04, were derived from Ord, No. 0708, 11 1, 9, adopted Feb, 38, 1007, Ord. No. 6639,1 1, adopted Sept, l0, t966; Ord. No. 7341, 11, adopted April 11, 197 Unt No. 7611, 11, adopted April 16, 1974; and Ord, No. 0691, 11, adopted April 93, 1M. Cross reference-Deeienation and use of taakab stands, 134 130, flupp. No. 38 1030 } i 1 F low 1 'PI r ~ r 126-43 VEHICLES FOR HIRE 126N ated within the Incorporated IImits of the City of Denton under a franchise from the city over a fixed or defined route, nor shall said term apply to motor buses regularly operated over a fixed and defined route in the city to or from points outside of the Incorporated limits, Taximeter, The term "taximeter" as used In this Article shall mean a machine adapted automatically to calculate, at a prods. termined rate or rates, and to register, the charge for hire of a taxicab and such charges shall be indicated by means of flgures, Waiting time The term "waiting time" as used in this article shall mean such times as may be consumed or lost at the special ~--1 instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final ! destination. No charge shall be made against a passenger for any time lost on account of any other delay whatsoever. (Ord. No. 8280, 11, 10.12.82) See, 2844. Taxicab licenses, (a) Required It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any taxicab upon or over any street In the city of Denton, unless there has been obtained by the owner of and for such taxicab and existing In full force and effect, a license duly Issued by the city secretary of the City of Denton aq hereinafter provided. (b) Necessity. No license to operate a taxicab shall be Issued by >I the city secretary until the chief of police of the City of Denton has certified that: (1) The taxicab has been properly inspected as required by the laws of the State of Texas; (2) The liability insurance required by this article for each taxicab Is in full force and effect; and, (3) The taxicab or taxicab service has a definite and fixed place of business in the city and has a telephone number In service at which requests for taxicab service can be made. (c) Rrvorotion orsurpeneton o(litenee. Upon complaint against a licensee filed by any person with the chief of police, or upon his Sopp, No. 36 1031 i ! 1 1 1I I h r 126 14 DENTON CODE 126-45 own motion, charging violation of any of the terms of this article, or any ordinances of the City of Denton, or laws of the State of Texas regulating motor vehicles, the chief of pollco after giving five (b) days' notice of the grounds of Bald complaint to such licensee against whom complaint Is made, may hear evidence with reference to such complaint, and alter such hearing the chief of police may revoke or suspend the license for good cause shown, (d) Findings. After the chief of police has heard the complaint for the revocation or suspension of the license of any owner of a taxicab, he shall make his findings and declare the same, and either the owner of such taxicab or the complaintant shall have the right to appeal to the city council as hereinafter sot out. f (e) License coneenea Said license shall state the year for which it Is Issued, the name of the owner of said vehicle, shall designate that said vehicle is a "taxicab," shall state the make of said vehicle, the engine number of sold vehicle, and the current lb tense number of said vehicle, and shall state the amount of license tax paid for the operation of said vehicle and shall further state that the owner of said vehicle has deposited with the city an Insurance policy for the protection of the passengers thereof and of the general public as provided for in this article, and said license shall he signed by the city secretary. (Ord. No. 82.80, 1 1, 10.12.82) Bee. 2845. Public liability insurance. (a) Required Before any license shall be Issued to any ovmer of a taxicab hereinbefore defined, or before any renewal of licenses shall be granted, the owner shall be required to ills with the city secretary, and thereafter keep In full force and effect, a policy of public liability Insurance approved by the city attorney executed by an Insurance company duly authorised to do business in the State of Texas, and performable in Denton County, Texas, insur- ing the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles, and the maximum amount of recovery in such policy of insurance specified, shall not be less than the following sums, to wit; Supp. No, 36 1032 11 a i t; 1 2e 45 VF111C[.F3 FOR iitRF 126-45 (1) For total liability in any one accident for personal injuries or death, one hundred thousand dollars ($100,000.00), (2) For the Injury or death of any one person In any one accident, three hundred thousand dollars (3300,000,00). (3) For Injury or destruction of property in any one accident, fifty thousand dollars ($60,000.00). Provided, however, that if it be shown to the satisfaction of the chief of police that policies In the above amounts cannot be ob. tained, then policies in lesser amounts may be secured and filed In full complianco with the provisions hereof, upon certificate to that effect being flied with the city secretary by the chlef of police, and upon approval of the stated lesser amounts by the city attorney, (b) Exceptions, employees. The above-described public liability insurance shall be for the protection of the passengers of said vehicles and for the public, but shall not cover personal Injuries sustained by the servants, agents or employees of the person filing the same, (c) Continuing liability. All policies of public liability Insur• ante shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. (d) Cancellation. In the event any policy is so cancelled upon the request of the surety or insurer, and no Insurance policy Is filed by said licensee before the cancellation of said original assurance, then the license to operate taxicabs granted to said licensee shall be automatically revoked. (e) City not liable. Neither said city nor any officer thereof shall be he!d liable for the pecuniary responsibility or solvency of any such Insurer, or in any manner become liable for any sum on account of any such clalrn or act or omission relating ti any such motor vehicle, nor shall the liability of the owner of any such motor vehicle bo In any manner limited or changed In connection with this article of such license or assurance but the judgment creditors having causes of actlon secured thereby shall l e author. lied to sue directly on such policy of Insurance without implead- Hupp No. 38 1033 f i I f , i 12615 DENTON CODE 12649 i Ing the City of Denton, and all persona known to any insurer to have been injured or damaged in the same accident and clalmine damiges thereunder may be made parties without priority of Instituted on account of ouch 4a lm o payment nNo. t I nany suit had ors matters, Sea, 2848, Ucense and Inspection fee. J (a) Amount tern in order to defray a part of the expense ]I nuceseary to provide surveillance, supervision and inspection of taxicabs required under the terms and provhlons of this article, there Is hereby levied a license and Inspection fee of one hundred lon o which dollars (6100,00) per annum for each taxicab lira or co operated, fee shall be collected from every person, Ing and operating taxicabs on the streets of the city by the city 1 secretary before said license or renewal thereof is issued. Said fee shall be payable In advance on an annual basis, and shall be due , and payable for'any year not later than the first day of January of any year, such fee to cover the calendar year, If it license to operate any taxicab to granted during a current year the fee shell be paid for the balance of the year ending December thlrtyflrst. (b) Sold wrecked destroyed vehicles. In the event a taxicab on which the fee has been paid for the then-current year Is sold, wrecked or destroyed, the owner thereof shall have the right to replace paid taxicab with another, and upon written application to the chief of police, the license and Inspection fee therefor paid on said taxicab ,w sold, wrecked, or destroyed shall be made applicable to the vehicle designated to replace such taxicab so sold, wrecked or destroyed, and the licensee shall surrender the license certificate on the vehicle so sold, wrecked or destroyed before receiving a new license certificate. (c) fast license certificates. In case any licensee shall lcae h license certificate, said licenses shall forthwith and before doing any further business procure a duplicate 11cense certificate from the city secretary, and shall pay for such duplicate license certlll• cate the sum of five dollars (65,00), shall (d) ReAnds. There any refund license and inspection fees paid under this mrticle, of 8upp. No, 38 1034 I , 1 I TWW a j i I E 126 {8 VEHICUS FOR HIRE 126.50 (e) Receipts The fees shall be paid to the city cashier who shall i Issue a receipt therefor which shall be presented to the city secretary before any license is issued. (Ord. No. 8280,1 1,10-1282) Sec. 9617. Operation of taxicab limited to licensee and approved chauffeurs. No taxicab for which a license shall have been Issued shall be operated by anyone except the licensee thereof, or any employee property qualified, and approved by the chief of police of taxicabs Licensee shall obtain the name, address and last place of am• ployment or each and every licensed chauffeur applying for work before hiring him; and fur0or said licensee shall forthwith fur• nlsh to the chief of police the name and address of every licensed chauffeur before his being hired, and of every licensed chauffeur that may be discharged, (Ord. No. 82.80, 11, 10.1282) f i See. 2648. Transfer of license. No Worm Issued under the terms of this article shall be trans- forred to any other person, nor shall such license be used for the operation of any vehicle except for the vehicle for which said license is Issued, (Ord. No. 82.80, 11. 10.12.82) f i See. 7649. Ucense to be posted in cab. The license issued for the operation of a taxicab under the ` terms of this article shall be posted within sold taxicab In a f conspicuous place, and It shall be a violation of this article for a ' failure to do so. (Ord. No. 82.80, 1 I, 10.12.82) i See. 2680. Owner's name, etc., required on cab. Every taxicab shall have painted or adtxed by decal on the ` door of the cob the name of the owner or the trade name under which the owner operates, together with the owner's telephone number, and the cab nuruber, and the number of the cab and the telephone number of the owner shall be affixed upon the rear of all such vehicles. All the lettering mentioned In this paragraph shall be not lees then two (2) Inches in height, and not less than one-fourth (It) Inch in stroke. (Ord, No. 8280,1 1, 10.12.82) 8upp. No. 42 ) 103b i i i 1 28.61 DENTON CODE 124-621 See. 28-01, Rights of passengers, Any driver employed to carry passengers to a dellnite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination, (Ord. No. 8280, 11. 10.1282) See. 2082. Taximeterol raise to be charged. All fares shall be determined by a taximeter Installed In each taxicab and a driver shall charge only a fee as computed by such taximeter, Every taximeter so metalled shall be kept in good operating condition and the taximeter or its drive system shall be sealed at all points which the components, if manipulated, could 1 affect the function or swumey of the taximeter. A driver shall not charge a fare for operating a taxicab In the city that is inconsistent with the following established rater (a) Passengers will be charged as determined by the taxime- ter a minimum fare of one dollar and twenty cents ($1,20) Including the first one-tenth (1110) mile plus ten cents ($0.10) for each additional one-tenth (1110) mile from the I point of pickup to destination. (b) An extra charge of fifty cents (i0,50) will be charged for each additional passenger, (c) A surcharge of fifty cents (30,80) will be charged for any ! pickup occurring between the hours of 8:00 p.m. and 8;00 (d) Passengers will be charged as determined by the taxime• ter a fare of twenty cents (40,20) for each one and one-half (1N) minutes of waiting time or traffic delay. (Ord, No. 82.80, i 1,10.12.82) Sec, 26.62.1. limousine exemption. Notwithstanding the provisions of Section 26.80 and Section 28.82 of this article, It shall not be mandatory that a motor vehicle operated as a limousine service and charging a set trip fee or as hourly fee, by advance reservation, to have the name of the owner or trade natne printed or affixed to the door or rear of ` gnpp. No. 11 10,"i8 I _ i I i . a r ' ~I a h, 4 7b 6Y 1 VEHICLES FOR HIRE 120-53 the vehicle or be required to have a taximeter ine'-dlled In such vehicle; provided, that all tripe or hourly fees shall be filed at all times with tht city secretary or the city or Denton. (Ord. No, 83-96, Pt. 1, 9.8.63) Sec. 2M. Rates and chauffeur's name and Ucense to be posted In cab. There shall be posted in a conspicuous place on the Inside of each licensed taxicab, in addition to the license Issued to licensee required by this article, a card showing the rates charged by said taxicab, There shall also be placed in a conspicuous place Inside I 1 M I~ i i I i 6upp. Na /9 1036.1 I f ( 1 n G 6 1 275OL NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING VARIOUS SECTIONS OF CHAPTER 26 (VEHICLES FOR HIRE) OF THE CODE OF ORDINANCES; AMENDING THE DEFINITION OF WAITING TIME; AMENDING THE REQUIREMENTS FOR LIABILITY INSURANCE; AND AMENDING THE MAXIMUM RATES AUTHORIZED TO BE CHARGED; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the definition of waiting time as contained in Sec, 2Y-W3 of Chapter 26 of the Code of Ordinances is hereby amended to read as follows: Sec. 26.43. Waiting Time. The term "waiting time" as used { in this article shall mean such times as may be consumed or lost at the special instance and request of a passenger after such passenger has firet entered the taxicab to make a trip and before reaching his final destination. Vo charge shall be made against a passenger for any tine lost on account of any other delay whatsoever except for traffic delays as provided in section 26-22. F SECTION II. That Sec. 26-45 of the Code of Ordinances is here y amen a to read as follows: Sec. 26-45. Public liability insurance. (a) Required. Before any license shall be issued to any owner of a tax ca hereinbefore defined, or before any renewal of licenaos shall be granted, the owner shall be required to file with the city secretary, and thereafter keep in full force and effect, a policy of public liability insurance approved by the city attorney executed by an insurance company duly authorized to do business in the State of Texas, and performable in Denton County, Texas insuring the public against any lose or damago that mey result to ay, person or property from the operation of such vehicle or vehis, and the maximum amount of recovery in such policy of insurance specified, shall not be leas than the following sums, to wit: 4 (1) For the injury or death of any one person in any one accident, one hundred thousand dollars i ($100,000.00). (2) For total liability in any one accident for personal injuries or death, three hundred thousand dollars ($300,000.00). i I I I ~ t, t (3) For injury or destruction of property in any one accident, fifty thousand dollars ($50,000.00). Provided, however, that if it be shown to the satisfaction of the chief of police that policies In the above amounts cannot be obtained, then policies in lesser amounts may be secured and filed in full compliance with the provisions hereof, upon certificate to that effect being filed with the city secretary by the chief of police, and upon approval of the stated lesser amounts by the city attorney. SECTION III. That Sec. 26-52 of the Code of I Ordinaacea is hereby amended to read as follows: Section 26-52. Taximeters; rates to be charged. All fares shall be determined by a taximeter installed in each taxicab and a driver shall charge only a fee as computed by such taximeter. Every taximeter so installed shell be kept in good operating condition and the taximeter or its drive system shall be sealed at all points which the components, if manipulated, could affect the function or accuracy of the taximeter. A driver shall not charge a fare for operating a taxicab in the city that is inconsistent with the following established rates: (a) Passengers will be charged as determined by the taximeter a minimum fare of one dollar and thirty cents ($1.30) including the first one-tenth (1/10) mile plus eleven cents ($0.11) for each additional one-tenth (1/10) mile from the point of pickup to destination. (b) An extra charge of fifty cents ($0.50) will be charged for each additional passenger. (c) A surcharge of fifty cents ($0.50) will be charged for any pickup occurring between the hours of 8:00 p.m. and 6:00 a.m. (d) Passengers will be charged as determined by the taximeter a fare of twenty-five cents ($0.25) for each ninety (90) seconds of waiting time or traffic delay. II SECTION IV. This ordinance shall repeal all ordinances in conflict erew th. SECTION V. Any person who shall violate a provision of this PACE 2 I t L ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above, SECTION VI. That this ordinance shall become effective fourteen k14) days .'r cm the dr*e of its passage, and the City Secretary is hereby directed to cause the caption of this I ordinance to be published twice in the Denton Record-Chtonicle, r 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. E RAY i T P E -,FU-OR ATTEST: JENNIFER VAEMS, WRET1RRY i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i PAGE 3 1 i 1 i Y t lull I win. I 1 1 IA I I IE~ 1 I ~ y ~I E I I T-W r, low .n • d1 f~a.. J DATE: 08/15/89 t CITY COUNCIL REPORT FORMAT ( lot Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE PROVIDING FOR A CHANCE OF ZONING FROM AGRICULTURAL (A) TO COMMERCIAL (C) ZONING DISTRICT (2-88-023). RECOMENDATION: 1 The Planning and Zoning Commission voted 6-0 to recommend adoption. SUMMARY: This site is located in a moderate activity center. The proposed toning change is consistent with the policies in the Denton Development Plan. I BACKGROUND: See history in staff report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDI { Not applicable i FISCAL IMPACT: Not applicable , Respec ly submitte t Prepared by: oy arrel City pager I cry ereau , AICP Senior Planner App crvedl ~ Fran M. Robbins, Executive Director 4 Planning and Development { 11459 1 I or low f b STAFF REPORT t To: Mayor and City Council Case No.: Z-88-023 Meeting Date: August 15, 1989 GENERAL INFORMATION Applicant: Al Lissberger P. 0. Box 3058 Denton, 1'K 76101 Status of Applicant: Proposed Owner Requested Action: A change of zoning from agricultural (A) to commercial (C). Location and Size: The property is located cast of and abutting I-35E and west of the MKT Railroad and is between Pockrus Page Road and Shady Shores Road. The tract is 2.468 acres in size. Surrounding Land Use and Zoning: North - Vacant, commercial South - Vacant, agriculture East - Mobile home park, agriculture West - 1-35E E Denton Development Plan: Moderate activity center i SPECIAL INFORMATION i Transportation: The property has direct access to the j service road of the I-35E and abuts the MKT Railroad on the cast. 'The `.r site, when developed, will have one driveway. The existing driveway serving a single family home on the site will be eliminated when that house is demolished in the second phase of the development. A four foot sidewalk will be required along the frontage of the property, i a , a (Case Z-88-J25) Page 'Iwo SPECIAL. INF'ORMA'TION (Continued) Utilities: 'The site is a considerable distance from existing water and sewer lines. Proposed development on the site will utilize an existing water well. Ark evapotranspiration system permitted by the City is proposed to provide wastewater treatment. Future I connection to the city water and wastewater system is anticipated. The City of Denton will provide electric service to the site. Drainage: 'file tract is situated outside the 103 year flood zone according to the current Denton County maps. Drainage improvements will be required for the channel on the south corner of the property. The sidewalk along the frontage of the property will require I appropriate culverts to be installed. 1 HISTORY Tile tract is part of a larger tract of 160 acres being part of tue G. Walker Survey Abstract 11330 and the MEP and PRR Survey Abstract 1950 annexed into the City of Denton, August 2J, 1985 and zoned (A) agriculture. A single family home is located on { the tract. ANALYSIS I Tne property is located in a moderate activity center designated as intensity area 176 and adopted by the City Council, March 7, 1989 (1189.015). According to the policies in the Denton Development Plan, a moderate activity center has a standard intensity of 353 trips per day per acre WOW and land use j diversity is encouraged. Intensity area 176 is currently 7J% 1J allocated (see calculations attached) with 9026 unallocated trips. The proposed zoning change will generate approximately 1,604 intensity trips, whim exceeds the proportionate share by j 74J trips. In this case, the Denton Development Plan requires that a determination should bo made as to whether tnere are planning considerations that would warrant approval of a disproportionate allocation of intensity. I (Case Z-88-J 23) Page 'Three ANALYSIS (Continued) a. Location and use relative to existing and planned infrastructure. The proposed zoning district has frontage on Ih 35, The rear of the property is adjacent to railroad right of way. Its location is convenient for the extension of water and sewer lines in the future. Major drainage improvements will not be necessary for development of this property for commercial use, b. Topography and environment iu the planning area. A minor tributary of Pecan Greek traverses the study area (attachment 3) through its southeast part, flowing south to north. This tributary has a narrow, shallow floodplain of about 3,7 acres in size, Some land in this floodplain may be "reclaimed" and developed through filling and channelization; thus, few intensity trips would be available for reallocation from the floodplain. The study area has a substantial area of trees on its northern end. The proposed zoning district is neitner heavily wooded nor does it include floodplain. A substantial proportion of this study area is categorized as transportation. These 16,47 acres yield 5764.5 intensity trips for reallocation. 4 c. Compatibility with existing and future land uses. 'The site is located in a very narrow band between two Intense transportation corridors, an interstate highway and a railroad. These transportation corridors form major barriers and buffers on two sides of the proposed zoning district. it is located in a moderate intensity area of such a size and shape so as to preclude major residential subdivision activity. As with the house in this proposed zoning district, the other single-family residential structures in the study area will probably transition to other uses. d. Other policies, The requirements of the Sign and Landscape and Tree Preservation Ordinances will apply, which should mitigate typical (and past) strip commercial appearance. Curb cuts will be controlled according to City codes. 'there are no definable neighborhouds which would relate to this development, (Case Z-88-J23) Page Four ANALYSIS (Continued) The location and configuration of this tract warrants the allocation of a disproportionate share of intensity. The Denton Development Plan further establishes the "one-third rule" which limits commercial/retail land uses to one-third the gross acreage of a moderate activity center, According to the one-third rule calculations (attachment 2), this center has the capacity to absorb an additional 19.9J acres of commercial/retail developments. RECOMMENDATION I G The Planning and Zoning Commission recommends approval (6-J). ALTERNATIVES 1. Recommend approval of the petition, 2. Deny petition. 3. Postpone or table a decision. ATfACNMENTS Location Map 1. 2. Intensity calculations 3. Intensity area map 1850 k I a V I ATTACHMENT 1 Z 88 023 N-oym- I ~ . 1 "WON 1. 1 ~ ~ V 1 1 1 / POCKRU, PAO4 I ± I ~ l ~ f 1 w • w 1 I I 1 1 ' CWWH I q ~F 1 SCALI NGNG DATE H 30.E 1-1 _ ~I I T-W Y 9 l { d 1 ATTACHMENT 2 ti LAND USE MANAGEMENT INFCRMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area 75 Type; Moderate Traffic ty to pS/Ac 350 survey zones. 6615A Intensity Boundary Description; North: Union Pacific Railroad and Pockrus Pd. South; City limits line south of Shady Shores Rd. Date: 05/10/89 west: I-35E LAND USE EXISTINO LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY SF-16 < 1 11 110 SF-10>16 0 00 0 0 0 0 0 ' SF-1)10 0 0 0 0 0 LESS SF-1 0 0 0 0 0 M08.MOMES 11 5.S 11p 0 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0' MF-162 0 0 0 0 0 0 0 CON/RET 0 0 0 0 0 0.11 500.5 3 1960 5.23 0 3399.6 OFFICE p 5 INDUSTRY 0 0 0 0 0 0 0 0 ~ PARK$ ARKS 0 I AL 0 0 0 0 0 0 0 R/0/SPACE 0 1.16 0 0 0 D 0 TRANSPORT 0 16.41 0 0 0 0 0 0 AGRIC. 0 0 0 43.56 0 0 0 VACANT 0 $1.81 0 0 0 0 0 0 ~ TOTAL 22 86.11 ------------x--------0- 121 48.58 1950 5.23 0 3400 INTENSITY CALCULATIONS (1) Intensity area total trips. - - 66.11 times 350 30349 (2) Trips allocated to existing land uses (built) ~ (3) Trips allocated to current zoning incl. P Ds (not built) 121 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 15253 (5) Estimated unallocated intensity trips (1)minus(2)+(3)+(4 9026 (6) Percentage of intensity trips allocated 10 _ _ ONE THIRD RULE CALCULATIONS - 9 (1) Allocations for com\ retail development Acr20.90 Trips (2) Existing com\retail land uses (built) 0.11 18181 (3) Current zoning for com\reteil lend uses 501 (4) Total allocated (2) + (3) 6.23 $350 (5) Unallocated trips/acres 19.90 6850 12931 2-1 C - ~C ATTACHMENT 3 a Bits 66.71 ACRIS IN71MBITY ARIA • 76 t BOUNDARY DsBORIPTION west3 1-3Ss Northi Union Pacific Rallrosd Itorme[ly R><T Rai?toadl and Pock[ua Road Southi city limits line south of Shady Shoran Road fl I i Y 7 i i i \ S I ~ r N It. ' ~ « LA f I IOALI 0 500m tl fY of DI NNIN, TOMAS i 3-1 1 1 T~W r ATTACHMENT 4 A MINUTES Planning and Zoning COmm18Si0n July 12, 1989 JI The regular meeting of the Planning and Zoning Commission of he 1 City of Denton, Texas was held on Wednesday, July 12, 1989, at b:t00 p,m „ in the council Chamber of the Municipal Building, Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, William Kamman, and Fran Morgan Absent: Etha Kiker i Present from Staff: Frank Robbins, Executive Director for Planning Pedrsaud elSenior;Planner; Owens YostP1U ban Planner; Administrator; Joe orHarry ris, Assistant City Attorney; Jerry Clark, City Engineer; Glenn Civil Engineer II; Lee Allison, Engineering AdministratorQaand I I Olivia Carson, Clark-Typist s Chairman Euline Brock called the meeting to order, I 1. Hold the annual election for the chair and vice chair of the Commission. J Chairman Brock opened the floor for nominations, I Mr, Glasscock nominated Me. Brock as Chairman. Seconded by Mr, Holt. Mr. Kamman stated that a full commission should be present for the election, Mr. Glasscock withdrew his nomination until a full commission could be present, 11. Lissberger Addition A. Petition of Al Lissberger requesting approval of a change of zoning from Agricultural (A) to Commercial 1 (C) classification on a tract of 2,488 acres located east of and abutting the I-35E service road and west of the MKT railroad and between Pockrus-Page Road and Shady Shores Road. N feet ine noticos were mailed to property owners within 200 received two two i were in favor, zero In oppositionWe and received undecided. were $IAff__BEp= : Mr, Pereaud stated that the property is i located east of and abutting the 1-35E Service Road and west of the MKT Railroad between Pockrus-page Road and Shady Shores Road. The tract is 2,488 acres in size. 1 4-1 j f 1 I E . ~f ••7 r I P J~ A ,l!, d Z Minutes I July 12, 1989 Page 2 Mr. Persaud continued that the property is located in a moderate activity center designated as intensity area 078 and adopted by the City Council, March 7, 1989 (A89-016). Mr. Persaud said that according to the policies in the Denton Development Plan (ODP), a moderate activity center has a standard intensity of 360 trips per day per acre (t/d/ac) and land use diversity is encouraged. Intensity area 078 is currently 70% allocated with 9028 unallocated trips. The proposed zoning change will generate approximately 1,604 intensity trips, which exc9ede the proportionate share by 740 trips. In this case, the Denton Development Plan requires that a determination f should be made as to whether there are planning considerations that would warrant approval of a disproportionate allocation of intensity. The site has frontage on IH-35, The rear of the property is adjacent to the railroad right-of-way. Its location is convenient for the extension of water and sewer lines in the future, Major drainage improvements will not be necessary for development of this property for commercial use. A minor tributary of Pecan Creek traverses the study area through its southeast part, flowing south to north. This tributary has a narrow, shallow floodplain. Some land in this floodplain may be "reclaimed" and developed through filling and channellzation; thus, few intensity trips would be available for allocation from the flood plain. The study area has a substantial area of trees j on its northern end. The proposed zoning district is neither heavily wooded nor does it include floodplain. A substantial proportion of this study area is categorized as transportation. These 16.47 acres yield 8784.8 Intensity trips for reallocation. The site is located in a very narrow band between two intense + transportation corridors, an interstate highway and i railroad. These transportation corridors form major barriers and buffers on two sides of this tract. It is located in a moderate intensity area of such a size and shape so as to preclude mayor residential subdivision dactiivity. As will the house in which with he demolished, the proposed zoning family residential structures in the study area nwill probably transition to other uses. The requirements of the Sign and Landscape and Tres Preservation Ordinances will apply, which should mitigate typical (and past) strip commercial appearance, Curb cuts will be controlled according to City codes, 4-2 i i W P a 2 Minutes July 12, 1989 Page 3 He added that there are no definable neighborhoods which would relate to this development. The location and configuration of this tract warrants the allocation of a disproportionate share of intensity, The Denton Development Plan further establishes the "one-third rule" which limits commercial/retail land uses to one-third the gross acreage of a moderate activity center. According to the one-third rule calculations, this center has the capacity to absorb an additional 19.90 acres of commercial/retail developments. Mr. Persaud said that the proposed zoning change conforms to the policies of the Denton Development Plan and staff recommends approval with one condition as follows: the applicant shall provide the Planning and Development Department an accurate metes and bounds legal description of the proposed zoning district prior to consideration by the City Council. Mr. Yost stated that a valid legal description of the property has been received, Mr. Robbins said that the condition can be eliminated E, UTIONEg: Al Lisaberger, 3317 Hummingbird, stated that the proposed dovelopment coordinates and coincides with existing development, The Autoplex is visible from the site as well as Dower Nissan. On the other side of the railroad is a trailer park. There is other commercial zoning in the area, Mr. Lisaberger said that he is proposing to put in an Automagic shop, It will be franchised with the center in Denton. Mike McNatt will be in charge of the Denton Autornagic. Mr. Lisaberger continued that his family is here in Denton. The TMPA power line takes out 100 foot of the frontage and has hindered development in the area. This development will improve the appearance of the property. The nursery on the south in zoned commercial. The site is ideal for } Automagic and will improve Denton's tax base. r Me. Brock asked what type of business an automagic is. Mr. Lissberger replied that it is a paint and body shop like Macco and will also do merchandizing and sales. The staff of automagic will not be burdened with administration, The site will eventually become the !1 distribution center and have lose intensity. He said that he wants to keep the business based in Denton. 4-3 e a f e t a UP AFT P 6 2 Minutes I July 12, 1989 Page 4 Mr. Glasscock asked if a shop will be located at this site. Mr. Lissberger said yes. It will eventually serve as the / model operation. ' j Mr. F. B. Self, stated that he lives southeast of the site. The notice he received said that the development would open the area for other types of ventures. Mr. Lissberger is only buying four and one-half acres. There are seven left and he would like to know what else would be allowed. 1 Ms. Brock said that this request is for 2.4 acres. The 7 rest is probably zoned Agricuttura. It will remain so until the owners present some sort of zoning request. The J petitioner in this case is asking for commercial zoning al which would allow many types of uses. 1 Mr. Robbins read a lists of uses allowed in commercially zoned areas. Me. Brock said that almost everything but industrial uses are allowed in commercial zoning. IN FAVOR: none present. OPPOSED: none present. I Ms. Brock asked about the effect of the right-of-way on the intensity. Mr. Pereaud said that this intensity area is surrounded by the highway and railroad. Those transportation ` arteries generate trips per acre and are calculated using i LUMIS to determine intensity. The staff is emphasizing the other ordinances such as the sign and landscaping ordinances and the Subdivision Regulations, etc, to j improve aesthetics and reduce the appearance of f traditional strip commercial development. i Mr. Engelbrecht asked if there is anything allowed in commercial zoning that would be inappropriate for a moderate activity center, Mr. Pereaud said that it would not be Inappropriate at this site because of its location between 1-35 and the railroad. This is a narrow strip of land. 4-4 K 1 P 6 Z Minutes July 12, 1989 Page b Mr. Engelbrecht asked if commercial zoning and moderate activity centers are completely compatible. Mr. Robbins stated that the DDP policies will not answer the question completely because it sp~lliea to intensity. In this case, we are lead to other policies because we have to do a disproportionate share of intensity. The DDP is relative to intensity, not to land use. Mr. Pereaud said that the land is selling for $3.00 per square foot and will not get used for single-family. Me. Brock said that in many of th-ise type of areas, the City prefers planned developments. She asked bif the efore ~ evepotranspiraion asystemwill re approved. to be approved the building plans Mr. Persaud said yes. Mr. Self asked if that is a separate septic system. Mr. Pereaud said yes. i : Mr. Lieeberger said that much of the tract is inn the flood plain and will probably never be developed. nroeo will not infringe in the Auto That limit the intensity Intensity. on the Chairman Brock closed the public hearing. i Mr. Glasscock stated that the requests is com~Me with existing developmentrandKamoved and recommend Z-88-023, Seconded by M unanimously carried (6-0), B. 7.961 dacres submitted by Roberto J. Cerawsy. Plan (GDP) of deFp Mr. Yost stated that the general j r development plan is actually for 10.424 acres in the i Lieeberger Addition, 'the staff had recommended postponement, but the correction has been made. The general development plan allows the Commission to look at overall improvements. Commercial uses are anticipated on the tract, with the intention of dividing the land Into lseparate driveways a onto one the acre, frontage ro d more than three 4-5 a { P4 ATTACHMENT 5 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.473 ACRES OF LAND, LOCATED EAST OF AND ABUTTING I-35E AND WEST OF THE MKT RAILROAD, BETWEEN POCKRUS PAGE ROAD AND SHADY SHORES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOFf AND PROVIDING FOR AN EFFECTIVE DATE. i i WHEREAS, Al Lissberger has applied for a Change in zoning for 2.473 acres of land from agricultural (A) to commercial (C) zoning I district classification and use designationj and k WHEREAS, on July 12, 1989, the Planning and Zoning Commission recommended approval of the requested change in zonings NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs fiECTION I. That the zoning district classification and ties designation of the 2.473 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference, is hexeby changed from agricultural (A) to commoroial (C) zoning diatriot classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. l 6ECT10N 11. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under ordinance No. 69-1, as amended, is further amended to show the change zoning district classification herein approved for the property herein described. @ECTION IU.L That any parson violating any provision of this ordinance shall, upon conviotion, be fined a sum not exceeding { $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 5-1 a f -a c ti a ATTAChMENT 5 NO. _ i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.473 ACRES OF LAND, LOCATED EAST OF AND ABUTTING I-35E AND WEST OF THE MKT RAILROAD, BETWEEN POCKRUS PAGE ROAD AND SHADY SHORES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT I' OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Al Lissberger has applied for a change in zoning for 2.473 acres of land from agricultural (A) to commercial (C) zoning district classification and use designation; and WHEREAS, on July 12, 19891 the Planning and Zoning Commission recommended approval of the requested change in zoning; NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the zoning district classification and use designation of the 2.477 acres of land described in Exhibit "A", attached hereto and incorporated heroin by reference, is hereby changed from agricultural (A) to commercial (C) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. i 9,F,CTi014 I2. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under ordinance No. 69-1, as amended, is further amended to show the cha.ige in the zoning district classification herein approved for the property herein described. SECTION-III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. ~-1 -T--- --mar ! aa., ..rrr g~ R U 1 6ECTION IV. That this ordinance shall become effective fourteen (14) 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-Chroniole, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMi DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY i l (E f Z-88-023 PAGE Z 5-2 I p f k ti i 1 JEI= Jj= jl= JE= i i 1 lj i I l I 1 Is r t ~ 11 E ~ day DATti d/15/69 rd CITY COUhCIL REPORT FORMAT 103 Mayor and Membere of the City Council FRUM3 Lloyd V. Harrell, City Manager SUBJECTS PRELIMINARY REPLAT AND REPLAT OF THE FURRES'TRIUCE ADDITION SECTION 1 III, LOTS 29, 30 and 31, BLOCK Fi INTO LOTS 29R and 31R, BLOCK F. RECOMMENDArIONi The Planning and Zoning Commission recommended approval at its August 9, 1989 meeting. SUMMARYi This is a 1.102 acre tract of land located on Oak Forrest Circle, south of Hobson Lane and El Pasco Drive, and west of Forrestridge Drive, south of the City and is shown in the A. Gibson Survey, Abstract 498, in the City and County of Denton. The land is zoned single family (SF-16) and the three existing lots are proposed to be replatted as two. The proposed lots will each be 480000 square feet in area. 11he applicant also proposes to construct a concrete sidewalk along the entire frontage of the lots, between the curb and the property line. i BACKGROUND: This public hearing was originally scheduled for reviewing on July 26, 1989, but was cancelled. Notices of the cancellation sad rescheduling were sent to the seven property owners within 200 feet. City services and facilities are available. The replat conforms to i the minimum requirements of the Denton Subdivision and Land Development Regulations. PROGRAMS, DEPARTMENTS OR CROUPS AFFF.C'[ED: None I ~ FISCAL 1MPAM N/A 41LMa lly submitted, Pre par byi cr er Owen Yost, ASIA urban Planner Ap roved r x 114, Ro ns,t Executive Director Planning and Development 1842x/4 I 'l ATTACHMENT 1 P-89-018 NORTIt F9m- 0 / Mason J et. 1 J C ~ ~ Q CWT ~ l i III ~MT~ ' h fff I T-~ OAK FORREST CIA. 441 \ RYAN RESTRIOGE 1-1 i t f ATTACHMENT 2 PRELIMINARY REPLAT NOIITN LODGE CONSTRUCTION - BLOCK H , ZONED SF -16 I L i L,'T !4 ~r:'T l5 ~Lr'T IF i I TT ~ so oR O - _.._OAK FORRE,-W.- -CtRC LE- f.- 3 850 32 WE" _ 30000_ E °ISt I! UE 1 H000' .a_. 1 _ ..ID007• AWRO M DRIVC V f EUSC 55O1D0 ./[..n lit v( p° ~ 'j I _ ♦ ltMµ /NnS LOT 29R $ 4637 LOT R L OCK LODGE CONSTRUCt' ' ; W W 1 °r ZONED SF -16 r 1 - z " 636 15000' 150-_ , c N BS° i2' OD"'N 30000, GIB SON SURvE' Y Lo( GE CON3tRUCT014 A-498 1 1114, P 211 I F RRESTRI0GE j i k r x. I 1 r i ATTACHMENT 3 REPLAT LOr /2 Lor I9 Lnr 14 LOT 15 LOT 16 a - - i - - - L 1- . - (SO,O' R.O.MI - --OAiE - FORREST---. --OtREtE--_- R`p 5 es• 32' Os" E 300,00' ~P 70000__10 FORRf ITRIDOf ORI h 1150 150 09' l 16'Uf r 0 - - I - - - - -----55' e1.06 1 LI g ---~I , ; 8 10 $ LOT ~'9R $ 401 3/ R I - BL OCK a F ~ N I Jr N LOT 28 tor 29 LOr c 30 LOT 3/ $ LOT 32 d T ~ N I o ~ m a 15000, ISO N e3' 32' os" w 300.00 LODOE C()N3TRUCTON Y Ills, P 211 ' A4,96 SERVE Y A. S1gsO i BIJBI DIME 3-1 i i. ti , DR AC T PdZ Minutes August 9, 1989 Page 2 (~V . Forrestridge Addition Consider approval of a preliminary replat and replat of the Forrestridge Addition, Section III, Lots 29, 30, and 31, Block F; into Lots 29R and 31R, Block F. Seven reply forms were mailed to adjacent property owners; two were received in favor and zero were opposed. STAFF REPORT: Ms. Evans stated that the replat is a 1.102 acre tract of land located on Oak Forest Circle, south of Hobson Lane and El Paseo Drive, and west of Forrestridge Drive, south of the City and is shown in the A. Gibson Survey, Abstract 498, In the City and County of Denton. The land is zoned single family (SF-16) and the three existing lots are proposed to be replatted as two. Ms. Evans said that the replat will create two larger lots and sidewalks will be required along the frontage. The Development Review Committee recommends approval. In favor: none present. I Opposed: none present. Chairman Brock closed the public hearing. It was moved by Mr. Holt, seconded by Mr. Glasscock and unanimously carried (7-0) to recommend approval of the preliminary and final replata of the Forrestridge Subdivision. VI. W. W. Wright Hold a public hearing arid consider approval of the proposed replat of the W. W. Wright Subdivision, Lot 2, Block 6, into Lots 2A, 2B, 2C, and 20, Block 6. 129 notices were mailed to property owners, 8 were received in favor and 2 were opposed. Chairman Brock opened the public hearing, STAFF REPORT: Ms. Evans stated that the Commission has already approved the preliminary replat. The replat is for a .92 acre tract located at the southwest corner of Crow and Gober Streets, as shown in the Robert Beaumont Survey, Abstract 65, in the City and County of Denton, Texas. The applicant proposes using existing housing to subdivide the present Lot 2 into four single-family lots each satisfying the stipulations of the Denton Zoning Ordinance. The Development Review Committee recommends approval. i rr low C`. e F r 1 i I k i E r r E + i I I { 144 S ~ 1 s ~ { I 1 ~ y I I h I DATE: 8/15/89 h CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council ' FROM: Lloyd V. Harrell, City Manager SUBJECT: REPLAT OF THE W. W. WRIGHT SUBDIVISION, LOT 21 BLOCK 6, INTO LOTS 2A, 2b, 2C AND 2D, BLOCK 6 RECOMMENDATION: The Planning and Zoning Commission recommended approval at its August 9, 1989 meeting. SUMMARY: This is a .9Z acre tract located at the southwest corner of Crow and Gober Streets, as shown in the Robert beaumont Survey, Abstract 5, in the City and County of Denton, Texas. i The applicant proposes to subdivide the present Lot 2 into four single-family lots, each satisfying the stipulations of the Denton Zoning Ordinauce. 'Ihe property Is zoned single-family (SF-7)0 and no additional major ` development is anticipated. Sidewalk construction and minor drainage improvements will be required, according to city specifications. Y BACKGROUND: The site is in a low intensity area (1115). The single-family homes on the existing lot are currently occtiofed, and will continue to be utilized the same way. City services and facilities are available. The sidewalk adjoining Crow Street will be built entirely on the applicant's property with a four foot sidewalk easement being dedicated. Along Gober Street, { the sidewalk will be 1 foot on the site, and 3 feet in the existing public right-of-way, with a 1 foot sidewalk easement being dedicated. J The replat conforms to the minimum requirements of the Denton I Subdivision and Land Development Regulations. i 1 r. City Council Report Bet W. W. Wright Page 2,. " August 15, 1989 PROCRAriS DEPAR'TMEN'CS OK CROUPS AFFECTED: None FISCAL IMPACT: NIA je4LY Y Harrell Prepared by: City Manager Wen Yoet, AS 1 Urban Planner Ap roved: I f rank h- Robbins, P Executive Director ` Planning and Development i 1752x!2-3 I I I I P V 011 ATTACHMENT 1 Q97e HORYN ffLL11~~j I •1, ~ O w wt m r C rrwr+s w~7~ 1 #A gig ~ _ ~ n0® D0 anr~ toorx nFIo F TTTTT irotx ~ b ~ 6 nn oat` o Kam. CROWn W q®~ n y®y_~ EJ tl U O' O O W. OAK ~~JQ• , Cr r A JEJO Ev;;~===F W. Wool ❑~]oa ~ C~® DD®C J all a d ©p o Act I 1-1 i i acAU NoNB. DATE 7. 7• d~f i F k 1 7• Y 1 Y ATTACHMENT 2 i x P 88-011 Hoar N Y h ` i ~ C S0' R.O.W. CROW STREET ' I PONlT GiF~ s 1 N W 00' 00' E 200. 00' P f, 1 50. 00' 60-00'- --•.80 / • f.,.6: ELECTRIC EASEMNT~._. N.O.N. ' 4' PUBLIC - - • - • - SiOEWALK-O O - -C p EASEMENT 27 BUtL0 W6 tWEJ ° o ° o I n n n Pf ~ I o °O LOr W 3 LOr LOT 0,a° W 0 6 2A 28 in ~ 2C o ° W N Tn in In in " ° ce N N N N " 7 lOT , BLOCK 6 '6 o O O O ~ W J r C.G.h~1wr?K'XS 1 r~~ Tn rr = N N , V s0. 00' 60.00' so. 00 ( , ° 4,90'00'00'w. 200.0' ° W Y z I 1.0' PUBLIC to 1 00 20r EASEMENT o O to i i fr1 ' N.90'00'00'W, 200.0' cor r , &OrX e cor a, eLOC+<s OA vicer+owN,too ~ f I I 2-1 i BCALQ fydM DATE p~ 1 Ei T-F i , w 6 P&Z Minutes RDA August 9, 1989 IV Page 2 ° V. Forrestridge Addition consider approval of a preliminary replat and replat of the Forrestridge Addition, Section III, Lots 29, 30, and 31, Block F; into Lots 29R and 31R, Block F. Seven reply forms were mailed to adjacent property owners; two were received in favor r and zero were opposed. STAFF REPORT: Ms. Evans stated that the replat is a 1.102 acre tract of land located on Oak Forest Circle, south of Hobson Lane and E1 Paseo Drive, and west of Forrestridge Drive, south of the City and is shown in the A. Gibson Survey, Abstract 498, in the City and County of Denton. The land is I zoned single family (SF-16) and the three existing lots are proposed to be replatted as two. Ms. Evans said that the replat will create two larger lots and sidewalks will be required along the frontage. The Development Review Committee recommends approval. In favor: none present. Opposed: none present. i Chairman Brock closed the public hearing. It was moved by Mr. Holt, seconded by Mr. Glasscock and unanimously carried (7-0) to recommend approval of the preliminary and final replats of the Forrestridge Subdivision. W. W. Wright 1 Hold a public hearing and consider approval of the proposed replat of the W. W. Wright Subdivision, Lot 2, Block 6, into Lots 2A, 2B, 2C, and 21), Block 6. 129 notices were mailed to property owners, 8 were received in favor and 2 were opposed. Chairman Brock opened the public hearing. STAFF REPORT: Ms. Evans stated that the Commission has already approved the preliminary replat. The replat is for ! i a .92 acre tract located at the southwest corner of Crow and Gober Streets, as shown in the Robert Beaumont Survey, ! Abstract 65, in the City and County of Denton, Texas. The applicant proposes using existing housing to subdivide the present Lot 2 into four single-family lots each satisfying the stipulations of the Denton Zoning Ordinance. The Development Fr,view Committee recommends approval. i i i .1 it DRAFT ` Pd~Z Minutes fi August 9, 1989 Page 3 Ms. Brock asked the basis of the opposition in the reply forms. Ms. Evans stated that it was not specified. Possibly the respondents did not understand what a plat is for. In favor: none present. Opposed: none present. Chairman Brock closed the public hearing. Mr. Engelbrecht moved to recommend approval of the replat of the W. W. Wright Subdivision. Seconded by Mr. Holt and + unanimously carried (7-0). { i i i i I 1 I ' -1 I j I ~ ~ 7 M i I mail, i i ' 4 CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 /TELEPHONE (817) 680.8307 Office of1Ao City Mdn&p*r M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: August 11, 1989 SUBJECT: Back-up for Agenda Item Id2 The attached material was provided by Mr. Jim Chisolm. i 1 0 n\ Jen i er W era 2727C/2 i i ~j t ' A.aY-Duo cr nl et-* a T. u, r-- rwTw swy I f THE STATE OF TEXASq Know All Men By These Presents; DENTGN 11 COL'STY OF TKAT THE UtiDERSIGNED..Y.hN.,.Fi.n,..GRWW.M 4111.4,.Sl1,R0,a,.,Ch&AXL.,MA.I.ANAENGE...., of the i raid trug Cc ry of ter msauDea n., A,t.. ban....~ gad Sou of Tau, in cooAderatloa of the debt _X.a Granted, Bargained, Sold sod Conveyed, and by 3w presents do Gnat, I .t...S.x...9.Ere...?~6.t~.,...... Bu a, Sell iad Coav y unto.... Trwtn, sad to his suuetsa or suDuiFate , k la this trust, test to b4 and their uslics bus adtr forna, the folbwlas dwribd p+aperty, situated, IYWI and WWI is the Counq of ............._aad State of Tau, to-wit, FIRST TRACTi All that certain tract or Farcel of land situated in the Morresu Forrest Survey, Abet. No. 417, Denton County, Texas, being part of a certain (called). 20 acre tract deeded by D. S. Carpenter at ux to Ed Moore on December 29, 1924, and recorded in Volume 194, page 501, Deed Records of Denton County, Texas, and being more part.uularly described as followss BEGINNING at the intersection of the west boundary line of called tract and the northern right of way of F.M. Road 426, THENCE South 71 deg. 151 20" east ■ distance of 169,1 feet to an iron pint THENCE South 68 deg, 09, 30" east a distance of 41.90 feetr THENCE North 2 dog. 30' east ■ distance of 192.23 feet to an Iron pint THENCE North 97 deg. 30' west a distance of 203,77 feet to an iron piny THENCE South 02 deg, 301 west a distancoof 130.39 feet to the place of beginninq, containing 0.750 of an acre of land. k SAVE AND £%CEPTt All that certain tract or parcel of land situated in the Moreau Forrest Survey, Abet. No. 417, Denton County, Texas, being part of a 20 acre tract conveyed to Ed Moore by D. S. Carpenter at ux on December 29, 1924, and recorded in Volume 194, page 507, Deed Records of Denton County, Texas, and being more particularly described as follower k BEGINNING at the southwast corner of said 20 acre tract at.a point on the north right o! way of F.N. Road 4261 THENCE North 2 deg. 30' east with a fence a distance of 130.39 feet to a corner) THENCE08outh 87 deg. 301 asst 31.0 feet to a cornerr THENCE South 2 deg. 30, west 139.42 feet to point for corner,on the north right of way of P.M. Road 4261 THENCE North 71 deg. 151 20' vest 32.29 feat to the place of beginning, containing in all 4182 square test of land) SECOND TRACTS All that certain tract or parcel of land situated in the City and County of Denton, State of Texas, being known and described as being in the Moreau Forrest Survey, Abet. No. 417, Denton County, Texas, being part of a 20.0 acre tract conveyed to Ed Moore by D. S. Carpenter at ux on December 29, 1924, recorded in Volume 194, page 571, Deed Records of Denton County, Texas, and being more particularly described as follower BEGINNING at a point n, th 2 dog. 301 east 147.16 foot and south 07 deg. 30, esat 31.0 foot frc .,he southwest corner of said 20.6 acre tract, THENCE North 2 dog. - east 16.77 feet to a cornert THENCE South 87 deg. .sit 172.77 feet to a corner) THENCE South 2 deg. 3 .rent 16.77 feet to a corner) THENCE North 07 deg, .ter west 172.77 feet to the place of beginning, containing in all 2897 square feet of land, The note hereby secured is executed in renewal and extension of the J balance owing on that certain promissory note dated August 20, 1971, lI4 executed by the grantors, payable to the order of First State Bank of Denton, in the original principal sum of $70500.00, bearing interest and payable as therein stipulated, asid note secured by dead of trust of even date therewith, shown o[ record in Volume 3I3, page 255, Deed of Trust Records of Denton County, Texas. Per I , 1 f I I I ~a with.lanrlee+henat~rem at" pdd- "o.rutta.w------ per, emom s.awwm,eal6rrinci al4oi.fuetek-peyaWo-- It Is a►{t+caes-a d~aNaroF- y principal Of note, of is the pperforiouseco of cov~meattsi or~a reemmu 6tintcooGipoed or any of than, On at the option ootbe I* holder of mid note, the wbole or the prlnripDat debt bertis rased shall become due and payable sod may b4 collectod by suit or by proceedings - hereunder; and o y further armed that. if add ledebtedaeu G not paid when due, sad is placed in the bands of in ` attoeary for collection, or II colt cted through the Probate Court, a reasonable amount short be added tberno u sttor• f ary't file. It to also Wood that thiA Dead of Trutt eovere any and all rearrests of the above described ledeb slow. NOW, 71[EREFOR£, H the Wd indebtdn"e he paid, bock pdodpal and lotereet as the tame Decoma due and ymnxo peyabG, wed the covenants end G Endo cosuind be hope sad ~erfa+md, thole, and lo that tar oily, this cenveyaxe ahaTl Eeeom r nWl sad void and tba property henla eoovryd shall btean4 rEo11y clear of Wd debt and thew prnsest nleard fo dw form or t~ Grmwr'm cat, otheVle to remain la lull fleece sad ogee; ben I, defauq short he mede payment of Wd rote, a any i astagmenI of istanet thereon, what the same ad Decm he 4 o or to cafe or tba lo bnacE the of any of the apeemeete a eM uaG heels men tiond, two at Je request of the kgat hatdof, or acid MG, the Wd Taet0 or hto +uccelsor or succeeson appointed hereundn, ts bneby tuthadaor sad ampowerd to wll ! tba load hereby conveyed, at public Aucllon, to the higher bidder for cash, at the Court Hausa done of.........._.--..... QOn'ton........ -County, Tex, betwem the boon of tee o'clock s.m. AM lour o'clock p.m., one the ffnt Tuesday In any moth Lfter having given notice of the Ume, place and roamer of wle by poiling written notices thereof at three public place in rid county, cost of which rboll be at the Court House door of Wd county, lot Ofte mmrcutive RWU Price ot~ or day of We, sad It Is hereby yrntd tbal the uld Trustee, or bit sucuwoe, may wit said property, W (other Parcels, as to him shill ram expedient; and after slid We as aforesaid, shall saacute add deliver to t punyuwr or towthewers thereof, good and wf3deot deed or deda in law to the property u sold, in fee simple, with the Usual ws+ran eL, and shalt receive the pproceads of Wd We and out of the same shall pay, drat, all charger, eosu I and expanse or aecufiag "peat, lacitdleg a fee of S% to N Trust" on the total of tba Indebtedness secured by this Deed of True; Second, the rots above dwribd and all suss of mosey due or to become due benuoder, with lateral at aped; and, Third. " rewire the overplus, If say, unto the undersigned herein, or Isgal representatives of awtgw. THE UNDERSIGNED FURTHER COMANT with said Tanta that........ _ 0,411Y...14AX at all time, during the tontinteLeu of skis trust, keep the building and improvements now an, or hereafter to be elated oe, said pnmlaea, Insured a=nst sou by be and tornado to the amount of S........ .............or to the extent insurance can be obtained tbereo0, In competition wYyGDle u Lod with lose payable to Wd Tanta or bit succawn, for the benefit of the Payee Of the legal battle sod owner Of sold sae, and deliver the policies to red triter, at his W. console, And to parr, hefae the sure short become delinquent. an two sad seatesmeata that may be levied or asserted Against Wit premifn w any part thavol. And It Is toWJally agreed that if the Undersigned shall Ian to effect said In- sursue and deliver sucb policies, as herein provided, at to pay such taw, three the acid iwunnce eery be 4Qec-ted and said tenet rosy be paid by the legal holder of said sow, and runts w eapaded sbatl be it demand obligation and become Part of the debt bttsby secured, And shall draw Interat at the rate of ~ ..per rent. ➢er L"tMA form date or or "Ut Eecla1red duew and paid, Ee coneded inn option iy masses bo:der of the provided to this t laiecured rument opremed byprincipal iadebtedens may be IT 11 FURTHER AGREED that, In the event of a foreclaun under the power roatsd hereby, the owner Is paetete[on of sold property, or say ow clAiatlag under him and In possession u tenant or otkenrife, shall them upon hermit the tenant at will of OA purchaser at owls lorederure We, and should such Grant refuse to surrender paanslen of IId DImpids vpo t demand the purchaser shall tburapee he entitled to Lottitute And mAIWAIa the etstu- Iory Action of foeelble entry and deWtwr, and Procure to will of poss"on thereunder, IT 13 FURTHER AGREED that In the call of the duth, resignation, removal or abwut of Wd Trustee from lid County oL..-...-..........,D!nhon.,,............. Tex, or his refusal at Ialfure at inability to act, than the hold" f 2 acid rote, or levy part tb"sal, ehiU he and he b hereby autborisd to appoint a substitute is writing, who shag there. ,i upon succeed to W the liters, rigbts, powers std twG granted to the Trusts hnde named. IT IS SPECIALLY AGREED that when, u and it any accelerated matudt of any!teens secured by this lutr . affair may be declared due under any tn,w of this Of say other M evldeacing the debt or sly pan thereof, that the 111"1114011 amount that can be collector for m oo scmunt of the debt that) be the rindpol amount thereof sad interest accrttcd to the riser of P4ymeor At act to etctrl ten Per eeAL per annum. ThAt If say $*WbG construction of Lay and all of the parer may wren to Irsdicete any possibility of s dilteral power given to the creditor, or any authority, to Wk far demad, or receive any Terger me of interest the parties covenant that wmoo is a mistAke in calculation or warding wbU this clause Is Intended to override and cantrol. IT IS SPECIALLY AGR}.£D that is car of any We hertuoder, all pri"quuita to said tali "bell he presumed to have been performed, and that to sly co"yance given hereunder air ttattmmts at facts, or other neck" therein made, Al to the eon-payment of moory seeuM, or at to the breach or em-performance of any of the entrants battle a" forth, or as to the request of the Trustee to enforce this Trust, or out to the raper and der appointment. al any 1ubsU- tuts Trustee, or as to the advertisement of We, or time of piece or nitrate n~Wf or u to say other pnBmloary act or thing, shall be taken In all cou:+e or law at putty u prima fade evidence that the facts so stated of recited are true. I f , WITNESS our hooch ILD 5th dmyof Ap5jk- ~~,AD.1072. an Y awrencel ~...j... y . r nce THE STATE OF TEXAS, MORE MS. the udmmiped mutbulby, ~ f~VNTY Or D ENTON out/, Toor, em I►Y day pnoady oyprnd... Lawrence and wile, ch.ryj _Van„ E.,.._.._...._.......__..._._..._._._ M. W . fee UM Lawrence, rCence, ~__.._....r Len u W M M 1M;; --•bom mmm.llA1.0... bm rwd to at famcow Wonmmm, W 'La Wpd 1m r tbu r` t Y,Y- roawl IN ooro IN W'uR.wr W wWdnWa lb"b #M L On'W VVIA MY SAND AND SEAL Of OFFICE, 'UsIz dy a_. II72 Ip Naury yubik.__,.__._Dt!t-01k- _.Csuuy, Tau Yy THE STATE OF TEXAS COVIM OF_ ,j /iMU 111, W mdemww eatfeHy. V W IN aid Ceuriy. TCl1. N IAk du ;1 ab mppmmood.........._ Len r M a M W Mm" WhW Low k rubuubtd is the fatdeimd Wteummm, W Mvty boom ouminmd by W pd.ly W { moon Imm W buobmd, W L the rr h 14LImd bo boo, 0m, tbo rid r mmrw ,....._~.-._._...AAWW Wmmd wd Wut,muo Ir bm he a W dad, W mM frWml tlmt o1m W fet Nm pupeme W addmtWN WiW upeumd. W 1W IM Q W md,b ' L OM MAE My LAND AVO WL Of OFFICE, TW..___._hp atk M No" hbk THE STATE OF TEXAS, 1 vole N1, of u"Oul Nd udmetty, Y W let aid C«eq,, To* N dr by prruby sm"W 1 L rlfm bod Lon it r to M As pone mbee some m tubstrOW Y W fw%aN 1WAM484 W sa m/lmdow is moo ILL tho and wtvtd Ibm ow fro W pup" W tmeddrmdm 0m os ognm4 W W r16~..,,.«..,...__...._._._~ eilo ml dm uk.__._.,....._........_...,~._.~.Luk~t boo 1 ummlmd by moo 141* W 1,11411 Itr boo bubud, W LvWy W ru f.1y upWW to W, 16A Ibd •A,,Wsid *A immnsmu u be boo me old dW. W of ddud ELI mM W Palo low IM rmt fe W F47 GW W mmmoldumWm Iboolm uapro d, W SW W dw mm mW 1m WAdL 01YLN UNOLA My SAND AND IM Or OFFICE, Tbl►.`...-day Nam" -Cmty, Tam my CmmmlriN tom 7uaa....._._._....~...~._, II__... i I I i i 1 y k i 1 i ~ T 11" WOW Mpuee~ ts~ State Bu of Tau for uw by Laryan Only 1.11 1711 O T I ra rtrcr eA papa ltfl n bL~J grrn, rrW ar jk n ynntAW m Sure f 1 wffw rer+rswnrwn Ace M.nrr cV L.. Na "nwlil frsn." aw sure ad r ftv&IW Me PARTIAL RELEASE OF LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT the undenilmed, of the County of,,,,.,, Dsnton and State of Texas, the present lap) and equitable owner and holder of vat one certain promluory now In the anginal principal sum o( SEVEN„T,NOUS~,+D.r...;.IV.6...ts~N..RP6.P... Dollar (L.7.4 KOAP.A. ) dated . !u.9I1.4.C...7O.r....1.97..~...... executed by......YA.n..l 4yroAces..saQ_xllr,...ChsrY1.. M Lawrence payable 1o the order of ....V90..rparat,lam mom fully described N a dl.41...9.4 t=ut1.9 . duly recorded In Vot.... W p+N ..,255.,....... of the ,.Da d„of„Tcusl.....1. Records of ..........P..RD.C.P.IL County,Texu; mid note belnl secured by......... d!Ad„of., t) um.i.._ W". AMONG OTHER PROPERTY, the foliowinl described property, to-wit: All that certain tract or parcel of land situated in the Moreau Forrest Survey, Abet. No. 117, Denton County, Texas, being part of a 20 acre tract conveyed to Ed Moore by D. D. Carpenter at ux on December 29, 1921, and being recorded in volume 191, page S07, Deed Records of Denton County, Texas, and being mor• particularly described as follows: BEGINNING at the southwest corner of said 20 acre tract at a point on the north right of way of T M Road 1261 THENCE North 2 deg. 30' east with a fence ■ distance of 130.39 feet to a corners THENCE South 17 deg. 30' east 31.0 feet to a corner, THENCE South 2 deg. 30' west 139.42 feet to it point for a corner , on the north right of way of P M Road 4261 THENCE North 71 deg. 15' 20e west 32.29 feet to the place of beginning, containing in all 1182 square foot of lands i I i 1 fa a load and valusbts consideration paid to the undenilned, the receipt and suffldency of which IS hereby ackn,swledled, hereby RELEASES and DISCHARGES the above described property from said Uen or WrA BUT it it expnaaly speed and understood that this is t PARTIAL RELEASE and that the same Shall in no win « kw, affect of Impair mid lien at We against any other property In Sold instrument mentioned. EXECUTED this day of,.........._MSrch . A. D. 19...Rt.... ATTESTS TIRST STA E 11ANX 01 DENTON gas an l 1 i ' I - I I (AAna rtedpme my THE STATE OF TEXAS t COUNTY OF Denton j Soto" me, the undenened suthontY, on IAIS day penonaAy sppeand H, S, IlYt President of First state otok of Deatoa, a Corporations known to me to be the person,.,,,,, what, name. 1,....... mbscnbed to the fonpotnp mtrumtot, and srknowtedted to me that,.,. a eeeculed the me rer the purposes and contderetien therein ttpnueda and to the Capri Cttt tgereie stater, GNele under my hand and we] of orncs oo this the 17 day 0 April b, 19 72 Noiiri'Nblic in and rot n£On CoOntY, Tun. (Acknowledgment) THE STATE OF TEXAS I II' COUNTY OF J { Baton me, the undenipnod suthonty, on this fey panaiMly sppund {i know" to me to be the person whom nuns,,,,,,,,,,,,,,,,,,,,, subscrlbsd to the forepolnr 4neNmtnt, end sc►nowldeed to me that,,..,... he ueeutd the ume fat the pvpbus and corulderetion thenln nprnmd. Oboe Madge my hand end awl of omed os this the day of , A. D. 19 for Noiuy ►ubik . ~nl . 0 a kka,,ttt Ct77 m q I ~ ~ M N It * > i lCorpenu eoteowk+dpematl THE STATE OF TEXAS f COUNTY OF DENTON IJ Baton me, the anderuawl eulhdnty, on IhY day Moon First St +pp4nd President of !e Bank of Dontony a corporation, e eorpontlon, known to me to be the "At whom "ems 4 wbmetbed to to fonsot:n InetrMmam, and scknowiedied to me that he I%"ld the mme for the rve"M pad comidenHoe OWN IA exp , N rte ac WI!y Memo its tea and m the act and dead er Kid corpoesllae. I I Given wedge my land and mat of ofru on IAN the dry }larch , A. D, 19 77 f No .....►uLlk In uil a..._.....Benton..~.....,....County, least LJ p.•r. s, BALLARD & NASH, INC. CONSULTING ENGINEERS AND SURVEYORS na hw " 44ITIN r ohs mom 147t n ENTON. TExaa 70101 August 17, 1971 FIELD NOTES TO C 750 ACRES IN THE M)RREAU FORREST SURYEY ABSTRACT 417 DENTON COUNTY, TEXAS All that certain tract or parcel of land situated in the MorreaU Forrest Survey, Abstract 417, Denton County, Taxes, being pert of s certain (called)20 acre tract deeded by D.S. Carpanter at ux to Id. More on 29 day of December 1924, recorded in volume 194. Pegs 507, Deed Records of said County, and being more particularly described as follovsl BEGINNING at the intaracction of the Vast boundary live of celled tract end the Notthers right-of-nay of F N bad 4261 THENCI S. 71. 15' 20" 1, a distance of 169.1 feet to ac iron pinl THENCL S. 61' 09' 30" 1, a distance of 43.90 test{ rHENC1 N. 2' 30' 1. a distance of 191.23 feet to as iron pinl THENCI N. 17' 30' W. a distance of 203.77 feet to in iron plnl THENC1 S. 2' 30' W. a distance of 110.39 fast to the place of beginning, and containing 0.750 acre of land. l( I 1 I i , I I I i Ii 1 7 A E 'r r law t r y t i S U RYE PLAT 1 TC -IL' PARTIES INTERESTED IN PREMISES SUPYEyED Tkie a re oindy that 1 tun, tha dete, made t unfel and eccunte whey on Iho pound of pro"M butts at is the warsl.l~-Fr_y a.ES' S AL A- 1 Tear. Seedbed b G.S, F3r ~:r lA Ltd Syr~'>> l l i+.l. } ^t_ !n A,;, rr ~'u~A .4h,ct4o.....City Black so. 1 nn(•~ i "t /2 4 Addtlwlt, en lddltion to the Cfy of c Trau sccordina to the ¢Enco*ded a Yolume 194 N pye 0-7 of no WplDecd Mcorde, +I add' /Cef I stiff. 41 R 'r. k p' S•. l y r rlr,rk ; 1 ~ j . rae A +'IS~v • j IJ eel ~ 2flld,' L,d 60. 044 it • 1, . fq f a'P dr 3 i f 04 rd~+ 1 n .Jdl A'. h ran N a./tee.' `a , A,yO V S 5 Hold w} a ll S'.SI b Pa if M 7 ry 21 ` S ~ .h•.oa• o 1. 4.1 e e,,~` D t oM ti►•3sa 0.7tlare, 1 • I IA 1 1" ,t-, Ix 0 V The plot hereon it d true, eorred, Mld ucwIte mptMOU0011 of dA Props AY All dsan• nursed ky."rely, the lints and dim tifefolll fwd properly hefty u lndiulw by like Plat, h . tM r'v,batbn, sn4lype of kuddvp Improve menu area shoo n, JI lmpdortMilu ,1 D, I Anna vilhin tht Doundrosof tht property, ell befit from property Una Cho dMancd indmatcd• endThal the dWInto Imm the '"Fill 111tv"cll'dslnst, atrow, ill 04wil a V plat on lAkd JIIFRC A RC NO ENCPOACHNENT3.CONFLICTS, OR PROTRUSIONS, EXCEPT I:OIi rf••• va,_Lenn IIF I Wmil l tnd %arnyuf uld4f 1 ;1''AeG 5p',. i UN ! 7',. IS 'i*~•••t. ~ds, Rtdotsted Pwfeaonal Enp'nr. BALLARD A NASH, INC., DENTON, TEXAS ~ 1AA~V~ {,Pv Retutefed Clyd EndiraenP Surnyorl 1 ; i A 3y1 V~13ALLARD & NASH, INC. CONSULTING EN61NEEaS AN.DS`a,"0~ i• . 1,4 X04TX AU1T,X oeNroW TKIAa 78201 November 4, 1971 FIE19 T'CTE=, TO ,?o4 ACRES IN THE M. FOPREST SURVEY ABSTRACT 417, DE!iTCN COUNTY, TEXAS C,, ACT rill All that certain tract or being of land situated in the Abstract 417 Denton County, Texas, the part Forrest Survey, , p~ S, Carpenter et x ttoEdc07ore on Records of ~ tract deeded by Deeerber 29, 1924. recorded in Volume 194 of sail county and bein& more particularly described as follOWe~ 111J NooreNlvl at a fence comer at the Northwest corner of said 20.0 acre traCtI THENCE . 656 3a' E, with a fence 10710 feet to a point for Cornorl TFEHENCE 5, 166 35' 26* W• 163.92,fN t to a point on the North N IF a toot road easements 60 THE*ICE N. 658 3s' ro with said road easement 60,0 feet to a paint On the Whet line of said Moore tracts ~ 0' E, with a fence 175.0 feet to the place of THENCE TI, 2e 0 3o nina in all .3G4 acres of land, beEinninE, E I ` V I I f i :I Z! 9 r aYi SALLARO EI NASH, INC. CONSULTING ENCINEEAS AND SUAVEYOM , ~{q KO{TN •Y{T!K PNOKa M1671 09N70N, TaXAe 74201 - November 4, 1971 FIELD NOTES TO 257 ACRES IN THE M, FORREST SURVEY ABSTRACT 417, DENTON COUNTY, TEXAS (TRACT N2) All that certain tract or parcel of land situated in the M. Forrest Survey, Abstract 417, Denton County, Texas, being part of o tract deeded by D, S, Carpe..As at ux. to Ed Moore on December 29, 1924, volume 194 Page 507, Dead Records of said Coutty and being more particularly described as followae BEGINNING at a point in a fence S, 6$6 )8' E. 10).0 feet from the Northwest corner of said 20,0 acre Moore tracts THENCE S, 650 38' E, with a fence 76,56 feet to a point for 0 cornerl THENCE S, 216 05' W. 162,57 feet to a point on the North line r of a 60,0 foot road easement) ~ THENCE No 656 38' W, with said road easement 61,56 feet to i a point for cornerl THENCE 351 260 all Et576icres f of t land, place of beginning, and containing h i ( f 4 4 I 1 /D 1 i f~ p3zs9 BALLARO & NASH, INC. . CONSWINO ENCINSEAS AND SURYPOAS 110 NpRTN •YITIN MONI IIlrtll OeN70N, 19XAe 78401 November 4, 1971 FIELD NOTES TO COUNTY? TACRES EAS (TRACT N THE M. FORREST SURVEY ABSTRACT 417, All that certain tract or parcel of land situated in the M. Forrest Survey, Abstract 417, Denton County, Tezas, being part of a tract deeded by D. S, Carpenter at ux to Ed Moore on December 29, 1924, recorded in volume 194, Page 507, Dead Records of said County and being more particularly described as follower from BEOINNINO NoAt & rth.,est Point corner of fence said Moore 38' 3- 179.56 20,0 acre tracts t f THENCE S. bye 38, E. with said fence 40.0 feet to a point for corners THENCE S, 20 301 w, 175,0 feet to a point on the North line of a 60,0 foot road easements THENCE N. 650 38, W. with said road easement 98.0 feat to a point for corners THENCE N. 210 051 E. 162.57 feet to the place of beginning containing in all .257 acres of land. i i I 4 1 } 13ALLARD a NASH, INC. CONSULT14G ENGINEERS AND SURVEYORS ~,0 NOW" LY7.1„ ON 1 fR1O, OeNTON, TaxAN 71101 November 4, 1971 L17LDDNOTES T OU.235 ACRES S INT E4M. FORREST SURVEY ABSTRACT Ali that certain tract or parcel of land Situated in the M. J Forrest Survey Abstract 417, Denton County, Texas, being part 11 of a tract deeded by D, S, Carpenter at ux to Ed Moore on Decoember and 9being 4more lpame 94 1 r icularlyPage describeddasefcllows! said BEOINNINC at a point in a fence N, 2. 30' E, 310.39 feet from the Southwest corner of said Moore tract which is on the North ritht-of-way of F-M road 4261 26 the TMIENCI eanmentt• to a point on of a E. 60 0 foot e road with a South N. line 300 THENCE S. 63' 38' E. with said road easement 146.39 feet to a pint for a corner at the Northwest corner of a certain .2~ei acre tracts the THENCE Northeast corner of a 4 certain test to a point for corner at THENCE N. 870 01 W, 133.86 feet endthe place of beginning, containing ail .233 acres of 1 V 1 II ` I I it I 1 ~ i I! i 1 1 T-W 4 y 4 „ a ~ 11 V + ` J J J . BALLARD d NASH, INC. CONSULTING ENGINEERS AND SURVEYORS sip MW1,11LITJN MO % E41 gyp/, DENTON. TEXAS 76701 ' November 4, 1971 FIELD NOTES 70 ,)4) ACRES IN THE M. FORREST SURVEY ABSTRACT 417, DENTON COUNTY, TEXAS (T40 M3) All that certain tract or parcel of land situated in the M. Forrest Survey Abstract 417, Uenton County, Texas, being part of a tract deeded by D, S, Carpenter et ux to Ed Moore on December 29, 1924, Volume 194, Page 507, Dead Records of said county and being more particularly described as follows! BEGINNING at a poLnt N. 20 )0' E, 200.99 feet from the South. west corner of said Moore tract which is on the North right. of-way of F•M road 4261 THENCE N. 20 301 E. with a fence 110.0 feet to a point for I a corners X11 THENCE S. 870 301 T, 135.86 feet to a paint for a cornerl THENCE S. 20 )0/W. 110.0 feet to a point for a cornur in the North line of a certain ,327 acre traetl THENCE N. 870 10' W. 1)3,86 feet to the place of beginning, containing in all ,)4) acres of land. 1 E f f l t Y BALLARO bI NASH. INC, ' CONSULTING SNGINSSRS AND SURVEYORS 763 MWTN AVITIN PNONe g6164T1 CS 094TON. Taxl.s 76301 November 4, 1971 FIELD NOTES TO ,225 ACRES IN THE M. FCRREST SURVEY ABSTRACT 417, DENTON COUNTY, TEXAS (Tract N6) All that certain tract or parcel of land situated in the M, Forrest Survey Abstract 417, Denton County, Texas, being part of a tract deeded by D, S. Cartenter et ux to Ed Moors on December 29, 1924, Volume 194, Page 507, Dead Records of said county end being more particularly described as followal BEOINNINO at a point N. 26 30' E. 200,39 feet and S, 876 30, E. 135,86 feet from the Southwest corner of said Moore traetl THENCE N. 26 )0' E. 158,04 feet to a point for a corner on the South line of a 60.0 loot road easementl THENCE S. 656 )80 E, 73.17 feet to a point for a cornerl THENCE S. 26 301 W. 1)0,79 feet to a point for a corner at. the Northeast corner of a certain ,127 aor* tracts i THENCE N. 876 30, W, 67,91 feet to the place of beginning, containing in all .225 acres of land. i . V I I f ~ ~I Par" ~ y I i i ~ I I i al SALLARD & NASH, INC. p CONSULTING ENGINSSRS AND SURY'YORS 010 NORTH •N471" PMON4 7H 0.7. DLNTON, TaAAe 74801 1 November 4, 1971 1 FIELD NOTES CTO .32 OUNTY' ACRE TEXAS INMdAli T N7M. FORREST SURVEY ABSTP.ACT 417, All that certain tract or 7parcel land cituated in the M. , Denton Countyl Texas. being part Forrest Survey Abstract 417, of a tract de,lded by D. S, Carpenter 50 at uDeed Recordse ~ of $11114 December 29. 1924, Volume 194 4agedescribed as followsl county and being more particularly BEOI 9 foot from the NNINO at a paint N. 24 30' E, 130 rightwest corner of rlaid oad Moore tract wh ch is on the North THENCE N, 24 30' E. 70.0 feet with a fence to a corned 1 01 THENCE 9, 874 30' E. 203.77 feat to a cornerl THENCE S. 24 30' W, 70.0 feet to a cornerl THENCE N. 874 30' W• 203.77 feet to the place of beginning, containing in all .327 acres of land, { 1 . i ~ 1 i I I ITA TSYeI,T C. F. BALLARD & ASSOCIATES U&SUASDCIYIL WGINURS AND SURVIYO04 "s apRq AMIN F%Gpm m NT, eaM~OM, Tt7,Aa Faultne Arrington, Realtor Denton, Texas 6lIS/J1 - Calculate, Stake, pUt, Taot:, and field notes to 0.750 acre to the norreau Forrest Sutter, ADetnct 117, Denton County, Taus 1100.00 O THM You 1 f ~ I i j 1 I'•r i G I I r f ~ I I 1 I 1 7,1 BALLARD & NASH, INC. CONSULTING 4NGINFARS AND SURYOYORS He NOMM AVeaw P"oks tee N11 `ya VIN70N, T9XA9 76901 February 2, 1071 i 0 I alt, FIELD NOTES TO 4161 SQUARE FEET OF NAND IN THE MDWU FORREST SURVEY ABSTRACT 417 DENTON COUNTY, TEXAS All that certain tract or parcel of land situated to the Moreau Forrest Survey, Abstract 417, Duran County, Taau, being part of o 20.0 acre tract comveyad to Ed Moore by D.S. Carpenter at ux on December 29, 1924, and being recorded in Volume 194, Page $07, Deed Records of Denton County, eat being more particularly duceibod es follower BEGINNING at the southwest corner of said 20 acre tract At a point on the North Right-of-way of F N Wad 4261 THENCE N. 20 30' 1. with a fence a distance of 130.39 felt to s cornett TNENCS, S. 670 30' E. 31.0 feat to a corner? THENCI S. 20 301 W, 139.42 feet to . ;;;at for 4 corner on the North right-of-way of f x Hoed 4261 ININCF N. 710 931 2011 W. $2.29 feet to the place of baginning, containing to all 4162 square feat of tend. <0 64-4 ttv 4 FIELD NOTES TO 2697 SQUARR RRT IN TNI MOREAU FORRIST f VET ABSTRACT 417 )gKrONCO{MIT, TEXAS All that certain tract of parcel of land situated to the Moreau fattest Burney, Abstract 417, Denton County, Texas, WAS part of a 20.0 sera tract conveyed to Rd Moore by 0.1. Carpenter at us an December 29, 1914, recorded to Volu" 194, Farm $07, Dead Records of said County, end beinS more particularly described oo follows) BEGINNING AT A point N. 30 301 1. 147.16 feet and S. 670 30' I. 31.0 feet from the Southwest corner of 9414 20.0 acre tract] THENCE N. 20 301 R. 16.77 feet to a corwi INENCI 6, 670 Sol R, 112.71 foot to a cornarl TIIENCR S. 10 301 W. 16.77 feet to s coroarl THENCE N. 670 301 W. 172.17 feet to the place of beginning, cootaiolal to all 1697 squara fast of land, I I I 1 f j I I r w I~ I V I i W~,Oy II~M.fIN D F l~ I ~ IIF-M 11e A~'TY DtYD-YilY 1..,:.. f.i\I W G.4. 4pY\V .1,.,c'J ffAY}~y tYl~..r 1. CITY 1 THE STATE OF TEXAS, Know All Men By T[,ese Presents: County of . That 1, VAN LAWRENCE and wife, CHERYL M. LAWRENCE, of OR County of Denton , Suu of Taxes, for and Is cooaidaratko of J the I= of 'Jl TEN AND N01100 (.$11.00) DOLLARS, and other good and valuable consideration to us in"paid by BURL ARRINGTON, The receipt of which is hereby fully acknarlaJ,ged, 1 i J 1 1 I i + yl haw Gnot4 Sod and Coereyad, tad by Ow ptweau do Oust, Sr0 and Coawy unto tM odd t Burl Arrington, of Ill County of Denton , Suu of Texas aD tbat tartaia tract or parcel of land situated in the Moreau Forrest Survey, Abstract No. 417, Denton County, Taxes, being part of a 20,0 sots tract conveyed to E4 Moore by D. S, Carpenter at ux on December 290 1924, and being recorded in Volume 194, page $070 Deed Records of Denton County, Toxaa, and being more particularly described Be followsl BEGINNING at the Southwest corner of said 20 sore tract at a point on the North right-of-way of r M Road 4261 THENCE North 20301 East with a fence a distance of 130.39 feet to a corners THENCE South 97030' East 31.0 feet to a cornart THENCE South 2030' Nest 139.42 foot to a point for a corner on the 1 North right-of-way of t M Road 4261 r 'INENC! North 71015120" Nest 12.29 foot to the place of beginning, containing in ■ll 4112 square feet of land, I I I , I r J q ~ t, r 1 i i 1 TO RAY& AND TO R= tM eboee davOod r mom, toaabu sill in red destAu, the Kahl Itad V i gppwM thattisIs nywimbd,olyvat* &mW lurl Arrington, his befemdrtlpofonnryred we do bwftMod ourselWd, our i brier, mate red a&mbbartoen, to Weteet and fore Defad to red dew the rid pnmbw unto the OM 4%rl Arrington, hie I i Wn red rmt^ rplme war pesos aboseower 4 UOY CWmled, or to CWA the "ma, of My prn tbenof, switeem our bred a at Denton, Texas tbir 21st day of March A.D.10 72, R'Itemrm u keTnet el Gtaetae: ........,._tCauY'y`yltJ..R..(iLswrance) 110 T--r-pip" a i I THE STATE OF TEXAS, Of_.._ GFJ'1T~N 11"o" W, the vedr+i0w audorry. COVNYY r W Ia eid Couur, To* w dW dot PornmAl7 wvm+&-- Van Lawrence and wife . Cheryl B. Lavrencr._~- W" m w to to the doe ' _erbou ~e„- are ,AW&.bW u W IaRdy teaenm4 W IAaawlw%d w met-tW .._.t he Y..-. Ud W rmo far W VAMW gad to"drntlw Wida wmrd. ~ cnEN LNDn wv fdAND AND seAL ar onlCt, tLL-.~. `IClder d-_~._l?.~eslch!„as AD. 0.22.. Nalur hla., Denton --,_eruyrar Y7 Ca..rtw t+grr tue.._°---,.1.._........._ Sa.2i. ~T THE STATE OF TEXAS, COUNTY Of_,....- SUOat MR. W udwApd uthr47, h ad fa mud Cowy. Tore, u We e7 Puwaab a/puad..._.___~ 1 Wen to r 4 to dr P'+wa ohw area Y wbomibd to W famply Lluwars% W lolly bm mmefed b w pd Qy ad a/arl home bor babud, ud boded W I,N 1607 WkL d to to, At. W -W 'h •daw~ I lh bdfumM r be to ad rd deed, ad obe dnLnd Wd as bed wM'yb olWd W rme la W Parra" W weddeerdee WnW upere4 W tW W dell as we r nos L GAILN VNDEt MY BAND AND UAL OF OfflCZ. r1r a.a of AD. I$-_-- Naue7 1'ulk. _...._Ceaat, Tar 1 ~ Lr Camadrba Eaph l'ae--,._.--_-.-, THE STATE OF TEXAS, etrou w, W pd"yeed se0a Rr, COUNTY Of_.._. a he mad hw mW Ceanr, To% N IbL by fmedaeeb ImmeW.-- - ._.__ed r 'bL .1M, bab teen 1r w M M tir fosmee erbw >vmeme on wbeadbed Is W lenply bmtrwmeme4 W aAooerWel m a W1 11J ebq eA uw jw Ad saw fa W Pup" ud maidenan Wnla "MORL W dm bd 1 we$ el W Wd ---..-h "bee, { Wd._._. mdod by w M,0' ell aped bees be Wbobd, ed ►eely W eemee hot *MbbW W W,"tk .~.~-~.►dae~WM mwb Idnsmel m be be M W 4d, W rbe daLod Wd W bW IrmWQr Aped W rea IN W "VA W mmekaal 4 Wrela ryeemeeA ell WI W ed ea erbl to Mmes r F OIVLN UNan MY BAND AND SEAL Of OMM ef_.._..._._..._-j ADS It i THE STATE OF TEXAS, LvDNtY or.__.._.~_.. 1 . Ca.b CLA W W come 'n A 9 ON Ceualr, do beat'' erWr Ilel W leeedely Lammed d er W4 dead m i -.-dar d-------. AD, t/-_.._, da u Ce dam d Awhedntlaa, w W tot "Cad he q aM U. If_..., 11, ud end dub amald ub..._.... W W... - A. D tO, at_ a'dwi _ u b W aamdo d aw Cwab, in Vd VML-~ 08 FROM 1!! Wr NW q WA ed W 1 do CnWl Cwrt d w4 Cull, d dell W by W fmet bet ebe" rdtuL Cfab Cruy C/arL_..._..._. ..__......Gur7Taw. J lL 11 sr_........_. Dwat 1 Gam' ~ ~rfy, Z~ fRl/'r i A N WARRANTY DEED FROM 70 -►RAD FOR RLM" 14Y....._.._..Af r_._ -•ti A.D. It ' I 'Goal! CkA. RECORDED AD, It-_. ►a1C__..,._._.__.._.... G Cral7 Cyl ru IaAn e M aa.u be Ere Isw.ry 00i w Crunl► CIeA far Rw.arl Mf1 Ilrwa 1 1 % TAI _r low ; T 1 k t EEO r G ` I I{ i i it V I~ I • i 1 e CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON. TEXAS 70201 / TELEPHONE (817) 500.8307 Ollie of tha Clty Manapar M E M O R A N D U M TO., Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: August 11, 1989 i SUBJECT: Back-up for Agenda Item 1,3 No back-up material has been provided for this Agenda Item. I I 1 I Jenn er ters ;i 2727C/2 i I F 4 S e t JEJEI= I 1 i I I I it f t J i i IJJFIIII J iDDENrON,TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPN,ONE (817) 566.8307 Office of the City Manager M E M O R A N D U M TO' Lloyd V. Harrel, City Manager FROM: Rick Svehla, Deputy City Manager DATE: August 11, 1989 , SUBJECT: Appearance if Mrs. Gamble at the Council Meeting We were advised this week that Mrs. Gamble wanted to appear b efore council. She indicated that there were four areas that she drainageed health speak hazards about. of the sNorth Bonnie tanding water caeandnsthecttree ordinance. Debra and occasions, members Since of our staff have visited with her on several exactly what she will be talking about. However, we can update you on as much as we know about each of those items, First is the North Bonnie Brae construction. Ms. Gamble has had several concerns about the North Bonnie Brae construction as it relates to her property. The Gamble's have been concerned about the right-of-way question and whether they should be reimbursed for that. We have researched the deeds and the documents, and we do not feel that we will be encroaching on any of their property. There is also some concern about driveway widths. It is my understanding that our staff has agreed to widen one of the driveways to accommodate some of the Gamble's needs. On the issue of drainage, the Gamble's have been concerned a bout the location of some drainage structures (inlets) and their storm socaewetion in of tbuildresidence. over town. Ware e do normal not think they would infringe on any kind of lawn or yard the Gamble s would like to activity concern about the underground pipeusystem that connects also these inlets and runs in an easterly direction in the park. Particularly, there was some question about whether it would s drain properly. Our staff is well aware of their concerns and will sea to it that the system does drain properly, and that the side slopes of the outtalk channel are s.oped sufficiently in order to allow the Parke Department to mow around them. G i J a° Lloyd V. Harrell August 11, 1989 Page 2 The third area area Mrs. Gamble mentioned was health hazards and in conjunction with that, standing water. The outfall channel that we just mentioned was some concern to her. Since Parks mows that pack area very frequently, we do not see any problem with any kind of standing water and will work diligently with Steve Brinkman and his group to make sure that does not occur. There was also some concern by the Gambles of a drainage outfall channel that occurs west of the Gamble i property that is coming from Westgate heights, over the last year or two, it appears that some erosion may have occurred, and there is a slight chance that some of this water may be running over on to the Gamble's property due to some erosion. { However, there are some terraces in the area that are on the Gamble's property plus some existing terrain that may effect some of the water. In any case, there is a small area of water that appears to be standing on the Gamble's property. We will be investigating this to make sure that the Westgate Heights outfall channel is not affecting them. Debra and members of our staff have assured the Gambles that we will take care of this if it is a problem. Finally, Mrs. Gamble has indicated that she wants to talk about the tree ordinance. The only things that we are aware of that pertain to trees are the following. When we were building the drainage structures in front of the Gamble's house and i preparing the road bed, we exposed a root on one of the ' hackberry trees that is in front of the Gamble's. The root was severed. We have made sure that the root has been dressed with the appropriate compounds. We do not think the root system of the tree was damaged sufficiently to cause it any permanent damage. The second concern that we can only guess at would be the removal of the trees on the east side of the road across and north of the Gamble's property. These trees had to be removed in order to accommodate the roadway in the area. We followed standard procedure of our new tree ordinance. The information was passed on to PSZ, and they approved removal of these trees to accommodate the road. These are the things that we have surmised might be of particular interest to Mrs. Gamble. If any other things that j occur between now and the meeting, we will try to advise you and the Council as they occur. If you have further questions, we will be happy to try and respond to them. 1 Hick Svehla 1 Deputy City Manager i RS 10V 4669H I i i Y 1 I i `t V I I i j i i ,toll eve. J FFF M1 .lid. CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Rita L. Glasscock RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 504.00. Rita L. Glasscock is requesting a refund in the amount of $ 967.95 since d,,plicato payments were made on Account # 8503-00900. BACKGROUND: On 12-18-87, Ms. Glasscock's mortgage company paid $ 967,95 on her account. On 12-29-87, Ms. Glasscock paid $ 967.95. 'Pax records indicate payments of $ 1,935.94 against a tax base of $ 967.95. A tax refund is due. PROGRAMS! DEPARTMENTS OR GROUPS AFFECTED. The Tax Department and the tax account of Rita L. Glasscock FISCAL IMPACT: $ 967.95 I RESPEC ULLY SUBMITTED: f ~ r , tty anager j Prepared by: I ame vie Schneider d Title Tax Technician Approved: am Jim u yar Tit a TreasurIn-I 3C/3 t State Prop" Tom Ill APPLICATION FOR TAX REFUND RefundAP04caaon 71.11(4102) ~Collecting Office Name. ' Octi/on-- T9 Collecting Tax For: _ (a nq nIta Address e ki N T City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following Information must be provided by the taxpayer, IDENTIFICATION OF PAOPER OWN R: Name: ,L Address: /5907 n Telephone Number (if additional i formation is neededy IDENTIFICATION OF PROPERTY: Description of Property: R r3/rC AA a`e s7 C Q f 9 Address or Location of Property: ( J1~ ~.'n v _ ri , Account Number of Property: _ 8S n - pOQpQ / or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund j is Requested Is Requested Tax Payment Taxes Paid Requested I 1.C~d'r Ia.N 19 g 7 s 96 7, 9S~ s 2. 0 19 -P7 Lamol 19_L $ _967.45' $ 3• 19 $ S Taxpayer's reason for refund (attach supporting documentation): 7~a,r<s ware n airy T.v~cC /mss t,~~sscacks ~e~>rao~e i ale- x<~ en /x /~87 g~to~ / /j1 As.~CCY.F ~.o.L.~~i~ fairs on ~o2-s~9 ~'7 ar.ao~ it i"eylr<sfrv a «{vnct, "I hereby apply for the refund of the above-deal bed taxes and certify that the Information I have given or, INIform is tru orrect" 3,1.4py Signs re Dole of Application fof Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval 11 Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person who makes a false entry upon the Imegaing record shah be sub)ee11o one of ft Wowing wait": 1. Imprlsonment of not mom than 10 yun nor fees thin 2 Item and/of a ant of net neon Man Ill or both such bne and Imprisonmerrk 2. confinement In (et for a Win up to 1 Isar of a One not to exceed $2,000 or both such Me artd imprl"arnonf a sell forth In 1ee0on 4I.10, Penal Code. a[*Wk'D 31 11 ♦0 1 t I r+fr'M R'~~., I ♦R ~ P Ito 1 ~ i V P it i MlRqgRggg" rrr r rr . V ~i'r r~ i ~ • Yip ~►.+ri'r" i s a rl s s r ~~~t r~►►'dss~sr~ •s~r 1 VVV „ l 1i 1 rr~rrwrwr~rr~rr f Qd' 11111oll tr A It ICI rrrr~rrrrrrrrr~e YYM►►►YYMM►Y►~t AMU I If III Ifs ~ i f i I I l 1 Emil% t t9 t TK 12 . ?3 0 05 $901 ~cawr ~`fe i'.~.a van Mik 'rte a ~+►n I'Ag rwe ; ►t° fA r w''e " ww1e'1o +1N0M"' 4 • ~ ~ : f11 ~ / ~ : QI~ ► 1MNSeN J MZiN an t,PK 1 1~NSp3NN 4 / 1 - H v95 1 M 1 / • STr1N1 1 : t1MIN 1 S12 Sfl. NNNNM f2/ 14ii~ N 1 "em" low: 1,[131. 1M1 N : 1N1M 12171 NS ' C • 1 • 11eieM1 4.131 1.13f : l 12/43 N1, S1p "Boom "M T 1MMNN 9i3:~ 114 To 29 A T~ niNM Ip 1 s .0: 1- 6(~ . e t 40 "MOM "MOM "Boom r ' t3 , , NNNNI jjmv~ pt"Po ==I 171:Si 171:Si,KtONA Fbtla 2 : S~Or3f M aftme IMUM Silo!" "NOW Illn 1111.31- to AD t~..l~0 ..0g0 an 11NNSN fIIfO f,eq. 1 MMOR: R CA oil M M { . K M f ~ IMO" ~ A M . • , Sw~ mouse" 33~~M ,~te1ap 1M 14WI1 Nil 3 w4m so IM13 Wftr s~llq ~ tQ sue wriYM w rtie t r r . , w Y M M •a r nY u I Ir low t 1 111-J.-W-W444 'I'll 11 1 11 11 1 pill r-1-1-1 I r f i E I E4t I I I~ I I~ I i I E H H41 14 11111 -F low . DATE: 8/15/89 C11Y COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROMi Lloyd Y. Harrell, City Manager SUBJECTi PRELIMINARY PLAT OF THE LISSBEROER ADOPTION, LO'I 1, BLOCK A. f RECOMMENDATIUNt 1 ra The Planning and Zoning Commission recommended approval at its July 12, 1989 meeting (6-0). SUMMARYJ This to a 2.468 acre tract near the southern city limits, northeast , of Interstate 35-E. Land on both sides is zoned for agricultural { use, as is the land behind the site owned by the MKT Railroad. The tract is shown in the G. Walker Survey, Abstract No. 1330, in the City and County of Denton, Texas. I BACKOROUNDs J The first 100 ft. of the tract are occupied by a Texas Municipal ~ Power Association easement, and the site backs up to railroad tracks. If commercial zoning is approved, development is anticipated of a place of business for auto painting and body work, plus lease space as the market requires. The single-family lease structure on the lot will remain, pending commercial development, when it will be removed. 1 City services and facilities are available. There is City water available approximately 2200 tees to the north. However, the applicant has elected to utilize an existing water well until such time as development on the site outpaces the capacity of the well. A 21" sanitary sewer main exists approximately 2000 feet to the northeast, and a line exists on the railroad property behind the site. Due to the high cost of using these lines, and the probability of having to build a lift station, however, the applicant has applied for a permit for an evapotranspiration system. The permit must be granted prior to final plat. The Denton Environmental Health Services Division, however, feels that the soil in the area is not permeable enough to support such as system. If at a future date, the applicant elects to utilize City water/wastewater lineal a 2U ft. easement would be granted along the front of this mite for this purpose with final platting. J City Council Report Re: Lissberger Page 2 August 15, 1989 Background - Continued The land is not within the 100-year flood plain, although some corrective grading will be dote to alleviate problems in a low area. There are several mature trees on the site. None of these will be removed for the initial construction. Consequent development, wtiich may contlict with the locations of protected trees, will require application(s) to remove protected trees. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. pHOLMMS, DEPARTMENTS OR CROUPS ABEECTEU: None PISC.U IMPACT: N/A Reape ully ubm J - dt/ 1 Pre d by: Lloy V. Harrell City Manager ea oet, AS Urban Planner Ap roved: Fran H. o na, AICP Executive Director Planning and Development 1843x/2-3 { r~ 1 1 I J I -Flow t a 4 t 4 A ATTACHMENT 1 Ussberger Addltlon 1 1 7 I I ~._.1 ' I 1 1 / l I IOCKKUS /A0d ' l 1 1 11 1 111 I I I j I I i ~ coRt~ i II Vlolnlty Map i I` I e t E F i ' 4 • r ATTACHMENT 2 Lissberger Addition . l L•.~k 1'~'.~. MK7 R R. J . ~ ~ ~ ~ i'P l tw•..•4 • 1, ~ M.. Gyp .i fit. u._w1`\ A` i1 -4 Dal I• d•w 4•/ \ ^ ~ ff flu [l•• M. CA" (kJJ) N' ey.a. Lor l/ amw A Dr,lr' { fasrfrl6[R r►QernOM 1+ I ON LN•1sk 1• ..n. Tf r4 Y' tr• VV' C• k }ilu^y! ay.,ffl ,r p.44e.r u 2• 68 ac' ~ _ ~ ' 4. y~• r ail il...~ /J ~ f flM/ r t l SN~AMM 1 !^~.'~ti_~ r.,u l 1:r4•{eery - y: _ • ~ rte, - ~ 11%s } -Ott _ s L.f "o Ott 10 ....y• a 4f (t•wtin A/Mi1Q /1•yud j4'" r.w,~r wisf s..J.~ [t•RLI(6.IL./lf 1 fe'< „ JOO' RO^/ . rM•sff ' (1 kAAAu2 f ~ - a - o.t.hvd uet. i f LIR. 7h•1/ OI. hy.l rd w,•n1. Eeus u1. RY/ratf VAFIy frrlnVJ It'T,AWII [.y......1 Preliminary Plat 2-1 i ti I I 7 r ~ P S 2 Minutes July 12, 1989 Page 8 r Mr. Engelbrecht said that he d is opposed to commercial zoning. He asked if the use could be designated planned evelopment . t Mr. Robbins said that planned development describes the process rather than a use. Commercial allows for calculating numbers. A planned development can mean anything. Ms. Brock asked if the remainder of the tract could be I developed without extension of the water line. Mr. Allison stated that most of the property is in the f1oodway and would not be accepted fore apotranapiration or septic system. A water line would have to be extended I along I-35 frontage. Sewer would need to be extended ` south along the slope of tho property to work with ` gravity. r ! Mr. Holt moved to approve the General Development Plan for the Liesberger Addition. Seconded by Mr. Engelbrecht and unanimously carried (6-0). C. Consider making a recommendation on the preliminary plat of Lot 1, Block A of the Lisaberger Addition. FAPF RPORT 2 468 ; Mr, Yost stated that the plat is for a . acre tract near th9 southern city limits, northeast Interstate 35 of -E. Land on both sides is zoned for agricultural use, as is the Land behind the site owned by the MKT Railroad. The tract is shown in the 0. Walker Survey, Abstract No. 1330, in the City and County of Dar enton, Texas. The fi rst 100 feet of the tract is occupied by a Texas Municipal Power easement, and it backs up to railroad tracka, If commercial zoning is appro ed, development is anticipated of f a place of bus inoses for auto painting and body work, Plus lease space as tha market requires. The single-family lease structure on the lot will remain commeial devolopment, when it will be removed,p City ervicescand facilities, including gas, telephone, and electrical are available. There is City water available approximately { 2200 feet to the north. However, the applicant has elected to utilize an existing water woll until such tfine I as development on the site outpaces the capacity of the A 21 ani I feet.to the no th sewer aali exist raillro200 property behind the cite. ad 4-8 i 1 f ~I P S Z Minutes July 12, 1989 Page 9 He said that due to the high cost of using these linei, and the probability of having to build a lift station, however, the applicant has applied for a permit for an evapotranspiration system. The permit must be granted prior to final plat approval. The Denton Environmental Health Services Division, however, feels that the soil T~ in the area is not permeable enough to support such a system. If at a future data, the applicant elects to utilize City water/wastewater lines, a 20 foot easement would be granted along the front of this site for this purpose with final platting. Mr. Yost continued that the land is not within the 100 year flood plain, although 1 some corrective grading will be done to alleviate 1 problems in a low area. There are several mature trees on the site. None of these will be removed for the initial construction. Consequent development, which may conflict with the locations of protected trees, will require application(s) to remove protected trees. He u added that the plat, conforms to the minimum requirements a of the Denton Subdivision and Land Development Regulations and the Development Review Committee recommends approval in light of i a action on the General Development Plan. Mr. Engelbrecht asked if sidewalks will be placed in a utility easement. Mr, Yost said yes. Mr. Engelbrecht asked if the sidewalk will be torn up to install pipe. Mr. Yost replied that it could be 10 or 20 years before the pipe is installed. The sidewalk may need replacing by that time. I It was moved by Ms. Brock to recommend approval of the j preliminary plat of the Lissberger Addition, seconded by Ms. Morgan and unanimously carried (8-0). i i E -F low "I i ~r 1 i f f 41r. I 1 } G ]\1 s yp •7\ DAATEi /8)/15/89 CITY COUNCIL REPOR'T' FURI•IAT ~ R' 1 T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY REPLAT OF THE tLkRC-SAM SUBDIVISION, TRACT 11 PART OF TRAC[ 2 AND ADJACENT UNPLAI'TED LAND, INTO TRACTS IA and 13. i RECOMMENDATION: Tne Planning and Zoning Commission recomwended approval at its August 9, 1989 meeting. SUMMARY: 'fhts is a 22.3385 acre tract located immediately east of Cooper Creek Road and generally south of Mingo Road and the Union Pacific railroad tracks and shown in the Moreau Forrest Survey, Abstract No. 4.170 in the City and County of Denton, Texas. Tne applicant proposes a major expansion of titre Safety-Kleen industrial plant, including incorporating Mary Lee Road, which is a public, dead-end road. Presently, Mary Lee Road Is utilized almost exclusively by the Safety-Kteen operation. Abandonment of Mary Lee Road should occur prior to final plat approval. The phasing of the plan is shown on the accompanying Detail Plan and Preliminary Replat. Construction will begin at several time, between now and 1993. When all elements are in operation, there are i scheduled to be 140 employees, split between day and night shifts. I The coning is Planned Development. Adjacent coning is light industrial on the east, ^:ommercial and light industrial to the west, commercial to the south, and Planned Development 131 to the north. i j BACKGROUND: City services and facilities are available. An existing water well 1 on the tract will be abandoned. An existing brick residence, mobile home, barn and wire fences are to be removed. All trees shown on the Detail Plan and Preliminary Replat are either to be planted or are currently existing. i The applicant proposes to rebuild and redesign Cooper Creek Road adjacent to the tract. Upon final platting, the easternmost portion M J♦ r,M City Council Report Re: Marg-Sam Page 2 August 15, 1989 of the rood will be built, to include the eastern curb of the proposed median. Upon development to the west, the wratern half of the road will be built, resulting in a four-lane boulevard with a median. The preliminary replat of Tracts IA and 1B conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 1 None f1 } ISCAI IMPACT: N/A F.eape u1 2y ubm t d: Prepar d by: Llo Y. Harrell , City Manager Gwen Yost, { Urban Planner App d: y ~tk F tank Robbi s, AI:JP , Executive Dire for Planning and Development i 1878x/2-3 f I j a' Y ATTACHMENT 1 y ! 2 89 010 SAFETY-KLEEN NORTH ~ W W 1 ~ IL li u° I ~w4 L Ull ST a See E A 1 *mom r r.- M i AL! ~,y~ DATE Pj416q n ur wtw nutty w+vtr•u,rulr r tr / . • I / !1~~ VOC 10410 -4., It ' I ' a°RG~t ~I a 000. 00 2 „g / fW1Y WflMpq metre/1 -cc co ` IMI _ i I . owl Fr . 6 ~ ~ I Y••M C• ~y `1 r I• ~ I~ ~ 1 1 I I Mor- I oo r r I rJ~ / w'Ct[tS7r 1 f 1 1` 1 • ~ I I f j ,L :SID' 1 ~ ~ raver 1 r wr r ItIr G1 f1 w.r.u a rIr ~ • r ~ r • / till M rVrr hrrYr.,, P vsti ~~~r• r ~ws ~r •w . L 1•- ...G. I.e, 1w,I rye _ rrn•wur rtwurw IJr~ p.rM M-tl l a sr DITAM PLAN Y I ~f PRELMNAxf RIPLAT of ef,iSM ACRES HI/"N YIUt1 rfrror ~'rrrr`I~j-el R'4~"k'J9rk•'wi9 I 4 I l l }I DRAFT Minutes PLANNING AND ZONING COMMISSION August 9, 1989 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on August 9, 1980, at 5:00 p.m., in the Council Chamber of the Municipal Building. Present; Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, William Kamman, Etha Kiker, and Fran Morgan. Absent: none / Present from Staff: Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Joe Morris, Assistant City Attorney; Lee Allison, Engineering Administrator; Renee Baker, Civil Engineer Water/Wastewater; Jesus Nava, Assistant to the City Manager; Jerry Clark, City Engineer; and Olivia Carson IV. Safety-Kleen B. Consider making a recommendation on the preliminary replat of the Marg-Sam Subdivision, Tract 1, part of Tract 2, and adjacent unplatted land into Tracts 1A and 18. STAFF REPORT: Ms. Evans stated that the plat is being done in conjunction with the detail plan. It is a 22.3385 acre tract located immediately east of Cooper Creek Road and generally south of Mingo Road and the Union Pacific railroe:' tracts and shown in the Moreau Forrest Survey, Abstract No. 417, in the City and County of Denton, Texas. The zoning is PD-18 and phasing is shown on the detail plan. Mary Lee Road will be abandoned prior to final plat approval. Ms. Brock asked if the tract wi11 ultimately be divided. Ms. Evans replied that tract 18 will be sold to Alpha Beta to provide access to Cooper Creek Road. UTITIONER: Tom Jester, stated that he is the representative for Safety-Kleen and is available to answer questions. DECISION: Mr. Glasscock moved to recommend approval of the preliminary replat of the Marg-Sam Subdivision. 1 Seconded by Mr. Kamman and unanimously carried (7-0). I 1 i I I fillillit[LiLliliJillilillitIFIllIFIIIIJI ~ i i 1 +11 1 + 116w, I-H--"Ij I it] 1 11 Fill P11111111111111 III up I I 7 _7q DATE: 8/15189 CITY COUNCIL REPORT FORMAT T t T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT OF THE SUUTHYIEW ADDITION - SECTIONS 1 AND 21 BEING PHASE lA AND TRACTS 10 AND 15 OF PHASE lb. RECOMMENDATION: The Planning and Zoning Commission recommended approval at its June 21, 1989 meeting (4-0). SUMMARY: This is a 21/.j acre tract stretching from Snady Shores Road and the M.K. 6 T railroad oa tae south to Creek CrossiLg Drive, several residential roads, and the Denton city limits on the north, from the t;ideon Walker Survey, Abstract No. 1330 in the City and County of Denton, Texas. The land is currently zoned Planned Development (PD-132) and development for multiple usage is anticipated, to include single-family housing, multi-family housing, neighborhood service uses, right-of-way, a proposed elementary school site and passive open spaces. { BACKGROUND: i 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, fj 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. i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i None FISCAL IMPACT: N/A Roard tfully~sub ed: Prepared bys Ll d V. Harrell { City Manager • I Owen at, ASLA Urban elanne App oved: j' v rank H. Robbins, Executive Director Planning and Development w I TIN low c, 3 I ATTACHMENT 1 Z 89 003 NOATH k DENTON ETJ x _ -~A i ' F ETJ :SF-71 PD-99 j A ca \ur~.~ r PD-132 'h ETJ j; i ii a° r j ~ .J A i PD-102 ' e„Y' +y'`R• \ ~y.. ' PO K -PAGE 3 - J ! A y A r,'r j 1 c a eHAOT sNones J ~ k O - I i \ SCALE DATE 1 i i ATTACHMENT 3 . , ` 1 i 4 1 { ~~•r 1r ! ~ 11 1+ ' I ~ •~T_?J-F, t l T I f rf ~ 't- .1 1. 1 j EI IA I r 1 ' ;i 771 _n. F l~_.1 ' _Lil Tyr * L-r i r , 11r fl~ F _ II I , ° f - - me t .J 1 ~ , ~ 111 ~ I i ~ a 1 r ~ O 1 111 11 1{. Ir r~(p. y,. i 7 ' (.lyT tji'Se ~ r' f1 i r.P ran P~.N rn ~ ,.~I r ~ ` ~ ~ ~~~ti r ~ IE 111 ' li 111 y % .'r•~y ,~.,1~}4/- '1 a t r,. ' IN Or 14 IHAU a r•- _ i l( M~. rat i1 ` ~ i. XN' i I I I' ( IS •I , ~ I p I , j 'iii i 'h (1 .17~~ .1-, y. _ R • ! i ~ . l 1, i 7 r I '~~9~ I3 ~rn ~T .*a ri yr ~rl~\ \ 1•'w..\R ` 1 j ~ 1 F iii ' ~1 t I Ir . „ ' r`;"F ;till 1(~ p{d i + li s -Y srrgu, - ~1 ` r t ~C Jy tr s L {1 } ^I ' t 1 ~ i p q i 111 ~ I i ~ , , i r. Hurd.. ..~i ~r1f 1►UIRN,Iy ' ~I FRIUMINMY PLAT FM a S.'L wi kCl - p} N . IOUTIMEW ADOITION j ' ai • V Jk` o,wrom, rues I ATTACHMENT 2 FjI I7 ! I I11 fill i( 1f~ fIJ ~ / _ ~ ~ llt r fl K~J j 71 ~ 7 ~q• 1 ~ 1! I ,4 if„j t(` rp y •mqr r .1 ff p~ c FII r1S f' `.74 w ~ ' tr 111 ti } 1~: f 1 . I;J ~I •Ji~~ 1 \`L ',II J." ~,M 1 ~ t ~ i ~`Tr' J r ' ~ ~ Iil ,r"4~;r •~~s 4~ S(1 1 I t ice.. 'O •t `f, , r' i~S`" 7 f T t J A/ nib t i ml 1 r r e~ , ~ ~ , II I I;+ -n t' ! ~ i ,b • 'F r 7 ~ tl ~ If ~ I I~•' ~ ~..ma~y Sy.~ r .~,f N^!I we~ r )1~ + f '1 ~ w ~ ~ ff R ~ Ii Ili ' ' ~ It ~ ~\~w 5 r ♦ 5•t I ~ ~1, ! ~I it l ~~ivnr`Wi IOAO 'i 7.' .j °`y . ~ 71 • 1 r ( J F ! ~ ! !r~ 1 lI1F~i~ Iq , ,J ril~1 ~ $ lfi.,~.l+. .~,i„i ~ Illia~l~f !'jJ•j,~. !i i ~ ill 5 y E I11 =i I t ;r g I~I~ Ali ~ I I I r: a ill I~ 11 .r 1" 11 I,r a S ~ I 'r rl r~ i i i r' (I iZ+J 1~ I l a 1~ ,~1 f li: l Ii ~P _IIII _ t Y 1 lag Ir-__~ }tl 1 uu 7! 7.J L All CN R# fOU fMYIFW A0017 OIMtOM, Itio 10 Ir1,1 , r y ii I M I L li yF ; PQ Minutes June 21, 1989 Page 12 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. pUj,.5M 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. Engeibrecht -,ved to amend the motion to require the petitioner to install conduit for signalization at the proper intersections at the time of roadway construction. Seconded by Mr. Kamman and unanimously carried (6-0). I i Vote on original motion carried (5-1). Ms. Morgan voted no. I Mr. Kamman and Ms. Kiker left the meeting. B. PRELIMINARY PLAT OF THE SOUTHVIEW ADDITrnu SECTIONS 1 and 2 BEING PHASE JA AND TRACT 10 OF €'H 5E 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 on 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 (PD-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 f 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). i I ~_i TWO W k 5+ LT T-T-F-J-7 I =1 I 1 i i 1 i I i 1 i I I i r j i r 1 1! t Ir low DATE: 8/14/89 GLTY CO LNNcIL REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ., Approval of a resolution authorizing the City Manager to execute a contract with the Texas Department of 3 Corranunity Affairs for the city's administration of an Emergency Shelter Grants Program. RECOMMENDATION: I Staff recommends approval. BACKGROUHQ: 1 January 5, 1989, Council approved the City's aoplication to the Texas Department of Community A,'Iairs (T. D. C. A.) for $82,800 in Emergency Shelter Grant Program funding. Funding was requested on behalf of Denton County Friends of the Family and Help Our People Emerge (HOPE). T. D. C. A. ranked the proposal seventh out of the fifty applications received and recommended full funding for the project. SUiMN1: ESGP funding in the amount of $32,50h will be utilized to rehabilitate the Friends of the Family Shelter. An additional $40,300 will be spent to purchase furnishings, a socurity system and pay operating costs. H. 0. P. E. will receive $10,000 to cont.nue their pro- vision of services to homeless families. I _ PROGRAMS. DEPAATh9ttTr GROU?S AFFECTED; The Community Development Staff will be working closely with Friends of the Family and HOPE to ensure compliance with ESGP requirements. The The Purchasing Department will assist in procure- ment and payment for goods and services. E 1 ~ I 1 j 1 I T-6 Jr *-W r FISCAL IMPAD-ITz CDBG will absorb administrative expenses for the project. Res tfully su mitted- V. 'Wr Prepared by: Ci Y Manager Barbara Ross Community Development Coordinator I~ Approved: Frank Robbins AICP Executive Director for Planning R Development i j i i i i 1 1 T 'M 2746L RESOLUTION U0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE CITY'S ADMINISTRATION OF AN EMERGENCY SHELTER GRANTS PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute a contract between the City of Denton and the Texas Department of Community Affairs, a copy of which is attached hereto and incorporated by reference herein. SECTION 11. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , % 1989. ST E 5, MAYOR l ATTEST: E 4 SECRETARY I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: i 1 1 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT NO. 423117 FOR THE EMERGENCY SHELTER GRANTS PROGRAM SECTION 1. THE PARTIES This agreement is We by and between the Texas Department of Community Affairs, an agency of the State of Texas (herein the "Department") and _ City of Denton (herein "Contractor"). SECTION 2. CONTRACT PERIOD I The period for performance of this contract, unless earlier terminated, is May 18, 1989 through May 17, 1990, (herein the "Contract Period"). SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Department, an Emergency Shelter Grants Program pursuant to the Stewart B. McKinney Homeless Assistance Act, Title IV of Public law 100-77, and the McKinney Amendments Act of 1988, Public law 100-628 (herein collectively the "Act"). Contractor shall perform all activities in.accordance with the terms of the Performance Statement (herein "Exhibit A"); the Budget (hereln "Exhibit B"); the Applicable Laws and Regulations (herein "Exhibit C"); the assurances, certifications, and other statements made by Contractor In Its Emergency j Shelter Grants Program (herein "ESGP") application, and with all other terms of this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. In consideratlon of Contractor's full and satisfactory performance of this contract, Department shall reimburse Contractor for the actual allowable costs incurred by Contractor In the amount of: Eighty-two Thousand Eight Hundred and No/100 Dollars ($82,800.00) 8. Department's obligations under thls Contract are contingent upon the actual receipt of adequate ESGP funds from the U.S. Department of Housing and Urban Development (herein "HUD"). If adequate funds are not available to make payments under this contract, Department shall notify Contractor In writing within a reasonable time after such fact is determined. 9 Deoartment shall then terminate thls contract and will not be liable for the failure to make any payment to Contractor under this contract. C. Department shall not be ilabte to Contractor for any costs incurred by Contractor which: I (1) have been reimbursed to Contractor or are subject to reimbursement to Contractor by any source other than Department; Page 1 of 10 ESGP/Rev. 6-89 I 'I t2) are not allowable costs, as set forth In Section 6(B) of thls 'I contract; f (3) are not strictly In accordance with the terms of this contract, including the exhibits; (4) have not been reported to Department by Contractor within ninety (90) days following termination of this contract; or (5) are not Incurred during the Contract Period. D. Contractor shall refund to Department any sum of money which has been paid to Contractor by Department, which Department determines has resulted in an overpayment, or which Department determines has not been spent strictly In accordance with the terms of this contract. Such refund shalt be made by Contractor within fifteen (15) days after such refund is requested by Department. "-1 SECTION S. METHOD OF PAYMENT J CASH BALANCES A. Contractor may request a working capita) advance of thirty (30) days' cash need or Five Thousand Dollars ($5.000.00), whichever is greater. Contractor's request for a working capital advance, must be based on a realistic estimate of the annunti required to be disbursed over the 30-day period In contract. pTheworking lcapital advance ashall bertrequested lon a BFinancial Status Report 6 Fund Request (ESGP Form 270-0 and a State of Texas Purchase Voucher. l B. Thereafter, Contractor shall submit to Department a properly completed ESGP Form 270-a and a State of Texas Purchase Voucher for the amount of Contractor's actual cash disbursements. Department shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until Department has reviewed and approved such request for reimburseme;t. Fund requests may not be made more often than monthly. C. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible recipients of ESGP services and for the payment of allowable contract expenditures. SECTION 6. UNIFI M ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES A. Except as specifically modified by taw or the terms of this contract, in performing this contract, Contractor shall comply with the uniform administrative requirements set forth in OMB No. A-110 or OMB Circular No. A-102 as supplemented by the Texas Uniform Grant and Contract Management Standards, 1 T.A.C. §S.141 S sseeq (herein the "Uniform Grant Management Standards"), whichever is applicable to Contractor. All references in the Uniform Grant Management Standards to "local government" shall be construed to mean Contractor. B. Except as specifically modified by law or the terms of this contract, in No, A-87 principles ocomply r OMBwith Circularcost as set performing forth tin s OMB trCircularContractor A-122shall supplemented by the Uniform Grant Management Standards, whichever is I ' Page 2 of 10 ESGPlRev. 6-69 1 I applicable to Contractor. All references In the Uniform Grant Management Standards to "local government" shall be construed to mean Contractor. C. Notwithstanding any other provision of this contract, Department shall only be liable to Contractor for costs incurred or performances rendered for activities specified in 24 C.F.R. §576.21(x), 53 Fed. Rem 30,186 (August 10, 1988) as amended by 54 Fed. Reg. 750 (January 9, 1989). Department shall not be liable to Contractor for the costs of any other activities, including but not limited to; (1) acquisition of an emergency shelter for the homeless; (2) renting commercial transient accommodations for the homeless (such as hotel or motel rooms) unless the conditions in 24 C.F.R. §576.51(b)(2)(Iv)(8) and (C) have been met; (3) any administrative or staffing costs other than those specified in 24 C.F.R. 5576.21(a)(2); (4) rehabilitative services, such as preparation of work specifications, , M loan processing, or inspections; or (5) renovating, rehabilitating, or converting buildings owned by primarily religious organizations or entitles except as specifically authorized by 24 C.F.R. §516.21(c)(2). , SECTION 1. CONTRACTOR'S MATCH i A. Contractor shall provide an amount of funds equal to the amount of funds provided by Department under this contract (herein "Contractor's Match"). j Contractor's Hatch must be provided during the Contract Period from sources other than this contract. Funds used to match a previous ESGP award may not be used to match the award made under this contract. Contractor's Match may include funds provided by any subrecipient to which Contractor provides funds under this contract. i 8. Amounts may be counted towards Contractor's Match only if such amounts are costs or resources of a type specified by budget categories delineated in Exhibit 8 and only if such amounts are computed In accordance with this Section. In calculating the amount of Contractor's Match, Contractor may include the value of any donated material or building; the value of any j lease on a building, any salary paid Contractor's staff (or that of its i subreciplents) in carrying out the activities regjired under this contract; and the time and services contributed by volunteers to carry out such activities, determined at the rate of Five Dollars ($5.00) per hour.• Contractor shall determine the value of any donated material or building, or any lease, using any method reasonably calculated h establisi a fair market value. C SECTION S. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to OMB Circular No. A-87 or A-122 and this contract. Contractor shall comply with the retention and custodial regvirements for records as set forth in OMB Circular No. A-102 or A-110. Page 3 of 10 ESGPiRev. 6-89 r B. Contractor shall give HUD, the Comptroller General of the United States, the Auditor of the State of Texas, and Department, or any of their authorized representatives, access to and the right to reproduce all records belonging to or In use by Contractor pertaining to this contract. continue Such access shall as long as Contractor agrees to maintain t such records an retained cords are location. Contractor shall include the substance of this subsection in all subcontracts. C. Contractor shall ensure that any subrecipients receiving funds under this contract shall comply with the record retention and cuprovie stodial requirements specified in this Section. SECTION 9, REPORTING REQUIREMENTS ` A. Contractor shall submit to Department such reports on the performance of this contract as may be required by Department Including but not limited to the reports specified in this Section. , B. Contractor shall submit a monthly Financial Status Report (ESGP Form f 210-a) on or before the tenth (10th) day of each month of the Contract Period regardless of whether Contractor makes a fund request. C. Contractor shall submit a final-ESGP Form 270-a to Department within sixty (60) days after the end of the Contract Period. The failure of Contractor to provide a full accounting of all funds expended under this contract j within ninety (90) days shall be sufficient reason for Department to deny li or terminate any future contracts with Contractor, 0. Contractor shall submit a performance report to Department for the periods 1 ending August 31, 1989, November 30, 1989, and February 28, 1990, not later than fifteen (15) days after the end of each such i Contractor shall submit a final per iod. erformanc report later than sit (60) days after the end of the Contract Period, Suchoreports shall bexIn a format to be prescribed by Department pursuant to Section 18. ` E. If any of the funds received under this contract are used for the renovation of an emergency shelter Contractor reports to Departmentfor the periods ending April h30, )991. andeAprila30, 1992. Such reports shall be submitted not later than thirty (30) days -after the end of each such period. F. If Contractor fails to submit, In a timely and satisfactory manner, any report or response required by this contract, including responses to monitoring reports, Department may withhold payments otherwise due to ' Contractor notify Cont Contractor writing Department decision withholds and u the p reasons , thierefore. obPayments may be withhold by Department until such time as the delinquent the delinquent report or response is not received within forty-five (45) days of Its due date, Department may suspend or terminate this contract. III i If Contractor receives ESGP funds from Department over two or more i Contract Periods, funds may be withheld or this contract suspended or terminated for Contractor's failure to submit a report or response (Including a report of audit) past due from a prior Contract Period. Page a of t0 ESGPlRev. 6-89 I P, low SECTION 10. MONITORING Department may perform periodic on-site monitoring of Contractor's, compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performance of this contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings. If the monitoring report notes deficiencies in Contractor's performance, the monitoring report shall Include requirements for the timely correction of such deficiencies by Contractor. Department may withhold funds, place Contractor on a cost reimbursement basis, suspend performance, terminate this contract, or Invoke any other available remedy in the event monitoring reveals material deficiencies in Contractor's performance or if Contractor falls to correct any deficiency within a reasonable period of time. SECTION 11. INDEPENDENT CONTRACTOR L Department is contracting with Contractor as an independent contractor, To the extent allowed by law, Contractor agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with Contractor's performance of this contract. SECTION 12. SUBCONTRACTS 'r A. Contractor shall develop and implement procurement procedures which conform with the uniform administrative requirements referenced In Section 6 and if Contractor is a unit of local government, with all applicable state and local laws. Contractor shall not procure supplies, equipment, ! materials, or services except in accordance with such procurement procedures. 8. Contractor shall comply with the provisions of 24 C.F.R. 1576.79(e) concerning the use of debarred, suspended, or ineligible contractors. l SECTION 13. CONFLICT OF INTEREST / NEPOTISM A. Contractor represents that neither it nor any member of its governing body presently has any Interest or shall acquire any interest, direct or indirect, which would conflict with the performance of this contract and that no person having such interest shall be employed by Contractor or serve as a member of Contractor's governing body. B. Contractor shalt establish safeguards to prohibit its emplcyees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Specifically. Contractor shall comply with the conflict of interest provisions at 24 C.F.R. §576.79(d). C. Contractor shall ensure that no officer, employee, or member of the governing body of Contractor she", vote for or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of Contractor's governing body or to any I officer or employee who would directly supervise such person. This Page 5 of 10 ESGP/Rev. 6-89 i T-W Y E I I prohibition shall not prohibit the continued employment of a person who i has been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. ` SECTION li. LEGAL AUTHORITY A. Contractor represents that it possesses the practical ability and the E legal authority to enter Into this contract, receive and manage the funds authorized by this contract, and to perform the services Contractor has I obligated itself to perform hereunder. 8. The person or persons signing this contract on behalf of Contractor hereby warrant and guarantee that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor and to bind ` Contractor to all terms herein set forth. Ii SECTION 15. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writins of any action or j claim, including any proceeding before an administrative agency, filed against Contractor and arising out of the performance of this Contract. Contractor shall promptly furnish Department with copies of all pertinent papers received f by Contractor with respect to such action or claim. SECTION 16. SECTARIAN ACTIVITY None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this contract, shall be used in support of any scctarlan or religious activity. j SECTION 17. CHANGES AND AMENDMENTS A. Any change in the terms of this Contract which is required by a change in i state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or -egulatlon. I 8. Except rs otherwise provided In this contract, any change in the terms of this contract shall be by an amendment hereto In writing signed by both parties. Pursuant to Department policy, no Contractor initiated amendments will be approved or processed durins the first 90 days or the last 30 days of the Contract Period. C. Notwithstanding Subsection 17(8), Contractor may make transfers of funds between or among the budget categories of Exhibit 8 without an amendment to this contract provided that: (1) the cumulative dollar amount of all transfers among direct budget categories Is not more than five percent (5x) of the amount specified in Section a; Ik (2) the transfer will not change the scope or objective of the projects funded under this contract; and (3) Contractor submits a report of all such budget revisions to Department at least 90 days before the end of the Contract Period. I Page 6 of 10 ESGPIRev. 6-89 1 I I I SECTION 18. DEPARTMENT ISSUANCES Performance of this contract must be rendered in accordance with the Act, the regulations prcmulgated under the Act, the assurances and certifications made to Cepartment by Contractor, and the assurances and certifications made to HUD by the State of Texas with regard to the operation of the Texas ESGP. In order to ensure the legal and effective performance of this contract Department may issue policy directives which serve to es+ablish, interpret, or I clarify the requirements of this contract. Such directives shall be promulgated by Department In the form of ESGP Issuances and shall be binding upon Contractor as If written herein. ESGP Issuances shall not alter the terms of this contract so as to release Oepartment of any obligation specified in Section 4 to reimburse costs incurred by Contractor prior to the effective J date of said Issuance. I `L SECTICN 19. TERMINATION AND SUSPENSION Ir A. Department may terminate this contract, in whole or in part, at any time Department determines that Contractor has failed to comply with any term of this contract. Department shall notify Contractor in writing prior to I' the thirtieth (30th) day preceding the date of termination of such determination, the reasons for such termination, the effective date of such termination, and in th+ case of partial termination, the portion of F the contract to be terminated. 8. Both parties may agree to terminate this contract if they believe that the continuation of the activities funded under this contract would not i produce beneficial results commensurate with the further expenditure of ` funds, provided that both parties agree, In writing, upon the termination ` conditions, Including the effective date of such termination, and in the case of partial termination, the portion of the contract to be terminated. I ~I 4 I C. Nothing In this Section shall be construed to limit Department's right to 4 withhold payment and/or Immediately suspend Contractor's performance of this contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies In Contractor's performance. Suspension shall be a temporary measure pending either corrective action by Contractor or a decision by Department to terminate this contract. 0. Upon termination or receipt of notice to terminate, whichever occurs 'h first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to 4 incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. E. Notwithstanding any exercise by Department of Its right of suspension or P 1 of ea.ly termination, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this I contract by Contractor. Department may withhold payments to Contractor i until scch time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise Wermined and paid. i~ Page 7 of 10 ESGP/Rev. 6-89 c4 i SECTION 20. AUDIT tl A. For any fi;ca) year Included within the Contract Period durlny which Contractor receives $25,000.00 or more In federal financial asslstance. Contractor shall arrange for the performance of an anrwal financial and compliance audit of the funds received and performances rendered under this contract. The audit shall be made In accordance with the Single Audit Act of 1984, 31 U.S.C. ch. 75, OMB Clrcolar No. U8, "Audits of State and Local Governments", 24 C.F.R. Part 44, and Department s supplemental audit regvIrements. The term "federal financial assistance" Inclu4es awards of federal financial assistance received directly from federal agencies, or indirectly through units of state and total government. At the optlom of Contractor, each audit required by this Section may cover either Contractor's entire operations or each department, agency, or establishment of Contractor which received, expended, or otherwise administered federal financial assistance. Contractor shall submit three (3) copies of the report of such audit to Department within thirty (30) days after the completion of the audit, but no later than one hundred and twenty (120) days after the end of the audit period. Audits performed under this section are subject to review and resolution by Department or its authorized representative. , B. Department reserves the right to conduct additional financial and compliance audits of the funos recelve~ and performances rendered, under this contract. C mtractor agrees to permit Department or its authorized 1 representative to audit Contractor's records and to obtain any documents, { materials, or Information necessary to facilitate such audit. s C. Contractor shall be liable to Department for any costs disallowed pursuant to financial and compliance audlt(s) of funds received under this 1 contract. Reimbursement to Department of such disallowed costs shall be fit provided or otherwise made funds this which ontract. paid by Contractor available to Contractor from SECTION 21. SPECIAL CONDITIONS A. Department shall not release any funds under this contract until Department has determined that Contractor's fiscal control and find accounting procedures are adequate to assure the proper disbursal of and accounting for such funds. j B. Department shall not release any funds tender this contract until Department has received a properly completed Depository/Authorized Signatory Form (Department Form) from Contractor. C. Contractor shell have obligated (as such term Is defined in 24 C.F.A. i §576.3) all fu,,ds provided under l'nis contract on or before November 14. {1 1989. Departmen; shall recapture any funds not so obligated. Funds to be expended by Contractor itself (not through a third party) for the ` provision of assistance to the homeless will be considered to have met f " 1 this timing requirement, if Contractor; (1) Budgets the funds for a stated 1 eligible sctivity; (11) Makes Initial expenditures for the eligible 1 ~actlvity by November 14, 1989; and (III) Expends all funds for the budgeted activity within the Contract Period. f j Page 8 of 10 I ESGPlRev. 6-89 I a r s 0. Contractor shall ensure that any building renovated with funds provided under this contract 1s maintained as a shelter for the homeless for not less than a three-year period, or for not less than a ten-year period If --such funds are used for major rehabilitation or conversion of the building. The applicable period shall be calculated in accordance with 24 C,F.R. §576.73(b). E. If Contractor uses funds received under this contract to provide essential services or maintenance and operating costs, the activities must be carried out until all of the funds made available under this contract for such activities are expended or for the Contract Period, whichever is shorter. Contractor may use one or more sites or structures to carry out the activities but it must serve the same general population. The "same general population" means the types of homeless persons originally served with the funds or persons In the same geographical area. F. Contractor shall make known that use of the facilities and services funded under this contract Is available to all on a nondiscriminatory basis. Contractor must also adopt and Implement procedures designed to make available to interested persons Information concerning the eyistence and locatior. of services and facilities that are accessible to persons with a handicap. G. Contractor shall administer, Ira good faith, a policy designed to ensure that its homeless facility Is free from the illegal use, possession, or distribution of drugs or alcohol, H. Contractor shall not expend ESOP funds for any activities that would result in the displacement of persons or businesses. SECTION 22. PREVENTION OF FRAUD AND ABUSE i A. Contractor shall establish, maintain, and utilize Internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse In the performance of this contract and to provide for the proper and effective management of all program and fiscal activities funded by this contract. Contractor's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by Department. 8. Contractor shall give Department complete access to all of Its records, employees, and agents for the purpose of monitoring or investigating the performance of this contract. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. C. Contractor may not discriminate against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to Department or to any appropriate law enforcement authority, 1 If the report is made in good faith, i Page 9 of 10 ESGPlRev. 6-89 q 7 Try a 1 f e SECTION 23. MAINTENANCE OF EFFORT F fumdi or resources from unds provided to Contractor under this contract may not be substituted for funds or resources which any other source n available to or serve dth'ough Contractor had this contract never been executed. SECTION 24. NO WAIVER 1i No right or remedy given to Department by this contract shall preclude the 1 existence of any other right or remedy, nor shalt any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 25. SEYERABILITY If any portion of this contract Is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain valid and binding. SECTION 26. PRIOR ORAL AND WRITTEN AGREEMENTS All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained In this contract. f SECTION 27. EXHIBITS , The exhibits ldentlfied below are hereby made a part of this contract: 1. Exhibit A, Performance Statement 2. Exhibit 8, Budget 3. Exhibit C, Applicable Laws and Regulations SIGNED this day of ,1989, CITY OF DENTON TEXAS DEPARTMENT OF COMMUNITY AFFAIRS 8Y: BY.' R1115 L. City Manager re Executive O1rector Thlt contract is not effective unless signed by the Executive Director of Department or his designee. f Page 10 of 10 ESGP/Rev, 6-69 a JJJi Y M Exhlblt A City of Denton PERFORMANCE STATEMENT Level of Environmental Assessment: Categorical Exclusion Contract Funds: $82,800,oo SECTION 1. Renovation, Mayor Rehabllltatloo/Converslon. Contractor shall provide Thirt -Two Thousand Five Hundred and no/100 , Dollars ( 32500._00) to Friends o the ami y or Rehabilitation o an exlst ng shelter, Activities include: offices, 3Interior wall% In living ro-ii, hails and / entry g ay,, walrlpaperntfor I office, kitchen, 3 oathrooms, stairwell, and 2 bedrooms New carpet for 4 bedrooms, halfway, I office, and till flooring for kitchen and dining area Renovation of kitchen: Enlarge area of kitchen to incorporate 2 small andtbuilde cabinets, cleaning t sucenter work-stoye pply cabinet. Includes purchase of lndlstrlml-slzed appliances: dishwasher-sanitizer; electric stove; new double sink and heavy-duty disposal; microwave; ice maker: electrical wiring for plugs (currently Inadequate wiring for kitchen s appliances). Booster central heating and air conditioning for kitchen area Purchase of security system to provide 2 surveillance cameras, monitors, and intercom outside garage door entry and on save of house to protect women and children and provide better surveillance capabtfities. Page i of 2 24281p8 Ir low 9 S S 4 SECTION 2. Provision of Essential Services. Contractor will provide Ten Thousand and no/100 Dollars ($10,000.00) to Help Our People Emerge (H PE) or: short term payment of rent food 6 clothing assistance employment counseling financial counseling Matching funds of Ten Thousand and no/100 Dollars ($10,000.00) shall be from Pont paid by HO ( mos. rent 2,400.00) and taff Salary ($1,600,00). SECTION 3. Payment of Maintenance, Operation, Insurance, Utilities, and Furnishings. Contractor will provide Forty Thousand Three Hundred and_no/100 Dollars ($40,300.00) to Friends of the Family or: Operations - $ 9,600.00 Insurance - S 3,500.00 Utilities - $ 7,200.00 Furnishings - $20,000.00 I 2 hide-a-bed sofas for emergency overflow in living room 10 trundle beds 4 dressers 4 portable clothes closets 3 desks for offices f 2 typewriters for clients to use for skill-building and to perpare resumes 4 living room chairs 2 dining room suits 4 baby beds I VCR and TV monitor used for educational purposes for battered women and abused children in therepeutic groups Matching funds of Sevent -Two Thousand EI ht Hundr d and no1100 Dollars ($72,800.00) shall be rom to F UM, ar es pa td by r en s o the Fam Dolly. Page 2 of 2 ♦2428/p9 ; i Exhibit a City of Denton Budget k GCat_ e4ory Con tract Funds Match Total Sourc_ a o__tch j Renovation ~ f32,500.oo S 32,500.00 i 2. Essential Services Rent and Staff Salary from] HOPE (6 $10,000,00 $10,000.00 S 20,000,00 Staff Salaoys. rent ~ 2'5100 3. Operations and Maintenance S40. IN Staff Salaries - Friends of 5113 the Family 182,800.00 582,800.00 $165,600,00 Page 1 of 1 +2427, p,5 r , r 3 EXHIBIT C APPLICABLE LAWS AND REGULATIONS . 1 Contractor shall comply wlrh the Act specified In Section 3 of this contract and with the rules and regulations promulgated thereunder at 24 C.F.R. Part $76, 53 Fed. RIL. 30,186 (August 10, 1088), and any revisions thereto including those proposed at 54 Fed. Reg. 750 (January 9, 1989); the OMB a Circulars specified In Section 6-77 this contract; and with all other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract Including but not limited to the laws, and the regulations promulgated thereunder specified In this Exhibit C. 1. NONDISCRIMINATION AND EQUAL OPPORTUNITY Tltie VI of the Civil Rights Act of 1964, (42 U.S.C. 2000d at seq.); 24 C.F.A. Part 1, "Nondiscrimination In Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964"; I Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. 3601 tt sec.) and Implementing regulations; I Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part 107, "Nondiscrimination and Equal Opportunity In Housing under Executive Order 11063". The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. §107.60.; The prohibitions against discrimination on the basis of age under the Age Ditcrlminatlon Act of 1975 (42 U.S.C. 6101 et sgg_.) and implementing N regulations at 24 C.F.A. Part 146; The prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and Implementing regulations at 24 C.F.R. Part 8. For purposes of the Emergency Shelter Grants Program, the term "dwelling units" in 24 C.F.R. Part 8 shall include sleeping accommodations; . The affirmative action requirements of Executive Order 11246 and the regulations issued under the Order at 41 C.F.R. Chapter 60; and Executive Orders 11625, 12432, and 12138. Contractor shall make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this contract. II. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701x1. EXHIBIT C. Page 1 of 3 ! y M 111. UNIFORM FEDERAL ACCESSIBILITY STANDARDS For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 C.F.A. Part 40. Appendix A. IV. LEAD-BASED PAINT The requirements, as applicable, of the lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and implementing regulations at 24 C.F.R. Part 3S. Ia additlon, Contractor must also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final Inspection and approval of the renovation, rehabilitation, or conversion activity under 24 C.F.R. Part 576; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. T~ V. USE OF DEBARRED. SUSPENDED, OR INELIGIBLE CONTRACTORS The provisions of 24 C.F.R. Part 24 relatir,7 to the employment, engagement of services, awarding of contracts, or iunding of any Contractors or subcontractors during any period of debarment, suspension, or placement in Ineligibility status. VI. FLOOD INSURANCE I No site proposed on which renovation, major rehabilitation, or conversion of a building Is to be assisted under 24 C.F.A. Part 576, other than by grant amounts allocated to States under §576.43, may be located In an area that has been identlfi~ld by the Federal fmargency Management Agency (FEMA) as { having special flood hazard: unless: (U(1) The community In which the area is situated is participating In the Natlonal Flood Insurance Program and the regulations thereunder (44 C.F.R. Parts 59 through 79) or (11) Less than a year has passed since FEMA notification regarding such hazards; and (2) Contractor will ensure that flood Insurance on the structure is obtained In compliance with section 102(x) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 114001 it seg.). V11. BUILOING STANDARDS Any building for which Emergency Shelter Grants amounts are used for renovation, conversion, or major rehabilitation mutt meet local government safety and sanitation standards. VIII. COASTAL BARRIERS h 1 In accordance with the Coastal Barrier Resources Act, 16 U.S.C. 3501, no financial assistance under 24 C.F.R. Part $76 may be made available within tie Coastal Barrier Resources System. Contractor shall comply, where applicable, with the Coastal Zone Management Act of 1972 (16 U.S.C. 11451 ej sue) as amended, particularly section 307(c) and (d) (16 U.S.C. §1456(c) and (d)). EXHIBIT C Page 2 of 3 4 i IX. ENVIRONMENTAL STANDARDS If Contractor Is a unit of local government, It shall assume the environmental responsiblIIties specified in section 104(8)(1) of the Housing and Community Oevelopment Act of 1914 and 24 C.F.R. Part 58. Contractor shall assist Department and HUD in their compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 5470 et seq.); Executive Order 11593; and the Archaeological and Historlcal Preservation Act of 1966 (16 U.S.C. §489&-1 it seg.) by: (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion In the National Register of Historic Places that are subject to adverse effects by activities funded under this contract and notifying Department and HUD of the existence of any such properties, and (b) complying with all ~^quirements established by HUD to avoid or mitigate adverse effects upon r--~ s,.ch properties. 1 Contractor shall ensure, pursuant to Executive Order 11783, that the facilities under its ownership, lease, or supervisions which shall be utilized In the accomplishment of this contract are not listed on the Environmental Protection Agency (EPA) list of violating facilities and that It shall notify Department and HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities Indicating that a facility to be used In carrying out this contract Is under consideration for listing by the EPA, ` Contractor shall comply with the provisions of the National Environment ` Policy Act of 1959 (P.l. 91-190) and Executive Order 11ST4, as amended by Executive Order 11991, which promote efforts to prevent or eliminate damage i to the environment and blosphere and requlre an Environmental Impact Statement when plans and programs may affect the quality of the i environment. To the extent applicable, Contractor shall comply with all of the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. ' 51857 it se and Section 308 of the Federal water Pollution Control Act ` (33 U.FC , w5i et se respectively, relating to inspection, monitoring, entry, reports, and Information, as well as other requlrements specified In Section 114 and Section 308 of the Air Act and the water Act, respectively, and all regulations and guidelines issued thereunder. Contractor shall comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards, and Executive Order 11288, relating to prevention, control, and abatement of water pollution. Contractor shall assist Department and HUD In their compliance with Executive Order 11988, Flood Plain Management, which requires avoidance, to the extent possible, of the tong and short term Impacts associated with the occupancy and modification of floodpla)ns and avoidance of the direct or indirect support of floodptain development whenever there Is a practicable alternative. EXHIBIT C Page 3 of 3 i. d +l ry i is U-9 I I I I i l I S 2651L-1/3689 NO. ORA SERVICES CONTRACT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AN AWARDING FOR WE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES ; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and 1 described bide has WHEREAS the and recommendyedr~thatethe or designated lowest responsible bids for the mnterials, equipment, supplies or f services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for { t the and ced the appropriation of funds b used services pdreha eac of materials, equipment, supplies herein; NUW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION 1. That the numbered items in the following numbered bide or ma erials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City's' Purchasing Aent filed hereby Accepted cand according approved has being number r lowest n responsible bids for such items: BID ITEM N UMBER NO. VENDOR AMOUNT PQLEI+1iy,F.-l+LF'CTRIC - c 12 750.11 1QQ.Lr. .--~L- i I i 1. SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approves-and accepted items and of the submitted bids wish to enter into n formal written agreement as a result of the acceptance, approval, and awarding of the bide, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above 3 numberecTiems of the submitted bide the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. Thet this ordinance shall become affective j imme3ietely upon its passage and approval. 1989. ~ PASSED AND APPROVED this day of } FUX-79TEPPENS, MAYM - ATTEST: I J ~F E'K WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE Two i DATE: AUGUST 15, 1989 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 1001 - CABLE #2 TRIPLEX REC0M14ENDATION: Ile recommend this bid be awarded to the lowest bidder meeting specification, Poleline Electric, in the total amount of $12,750,00 with delivery in 2-3 days. SUMMARY., This bid is for the purchase of 42 triplex aluminum cable. This material is replacement for Warehouse stock and will be utilized by the Electric Distribution Department in maintenance and new construction of the overhead distribution system. The #2 i size of aluminum triplex cable is the size and type used most by the Electric Distribution Department. The quantity is a 120-day estimated supply. j BACKGROUND: Tabulation Sheet f PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDS Warehouse Operation FISCAL IMPACT: FunJs for this purchase will be taken from Warehouse inventory working capital, account #610-043-0586-8708. Respec ully submitted: o arrell Cit Manager P hred t --E Name: Tom-D. Shaw Title: Assistant Purchasing Agent I Approved: eZZ4 41 I, r1 ah~tt~et .061 iii Marshall { -'Y'itle Purchasing Agent 015.DOC i • - A••:~r yr I 1 {4 {C$ i .l SIDI loll I TEMPLE, INC. I FRIE51ER 1 POLELINE ; NATSON I NELSON ; DEALERS 1 I 1 SUPPLY I ELECTRIC 1 ELECTRIC 1 ELECTRIC 1 ELECTRIC 1 i BID CABLE 12 1RIPLEI 1 1 COMPANY I COMPANY SUPFLY I SUPFLY I COMPANY 1 1 I I 1 OPENED 2o11 P. N., kUSUST 3, 1464 1 COMPANY COMPANY 1 1 1 I 1 1 1 I ! 1 I 1 ; I ACCOUNT $ INVENTORY STOCK I I 1 I I I r I 1 I ! 1 I I I 1 1 L.. 1 l IT i 1tEN DESCR1Pf10N i VENDOR I VENDOR I VENDDR I VEN DDR 1 VENDOR I VENDOR i 1 1 1 ! I -------I I 1 31,111 FT. I i 1 I I 1 I I TOTAL I $13,231.11 1 1112,911.11 1 112,751.11 1 1115,991,11 1 $14,535.41 1 $13,771.11 1 , I 1 I I I I I I I I I DELIVERY 1 21 DAYS 1 17 DAYS 1 2-3 DAYS 1 31 DAYS 1 5 DRYS 1 5 DAYS I I I I I I I I I I I i P➢/ I DENTON I DENTON I DENTON I DENTON 1 DENTON I DENTON I I I I I I I I I I I I TERMS I NET I NET I NE1 I NET I LIFT I NET I f 1 1 I 1 I I I I 1 1 I I I 1 1 I I I I j I I I I I 1 I I I ~ I i 1 1 0 I I I I 1 i CUHlIINS I SRAYBAR I NESCO I S,E, SUPPLY I I SUPPLY 1 ELECTRIC I I COMPANY I r- I COMPANY I COMPANY I I i I I I I ! i I ! I 1 ! l I I 1 I I I I I i 1 I---------------I-••--••----..• ° I VENDOR I VENDOR ! VENDOR I VENDOR t I...... I............... I............... I I I I t 1 I I 1 1 I I 82,987,111 $13,621,111 113,281,111 1130199,011 I 7 ➢AY5 I I.3 DAYS ! 6-1 NFEKS I I3 GAYS I E I I I I ! !I I DENTON I DENTON I DENTON I DENIM I ~ S ! I I I I I NET I NET I NEI I NET I i I I ! I 1 ~ 1 I I I I I 1 i ! I I ! I i { l i1 l I i p~ t,. ti P( r /t rl Liz= ME= LXl= Ljj= LLI= r LLI= LIZ= LIM= LIZ= Ljzr= Ljzr= E MIT= LLI= LQZ= L L133= Lljzr= LLL= UZI= f i i i r 4+ 2516L-7/1589 NO. 1 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES Olt SERVICES IN ACCORDANCE WITH THE PROVISIOWS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state lace and ordinance require that certain , contracts requiring an expenditure or payment by the City in an amount exceeding $10,000 be by competitive bids, except in the case of pubLie calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to + protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; j 140W, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t SECTION I. That the City Council hereby determines that there is a'publlc cca1amity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the propertyy of the city, or to protect the public health of the citizens of tile city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment supplies or services, as described in the "Purchase Orders r' attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 90805 JaS EQUIPMENT SERVICES. INC. $12,211.60 91737 WESCO S17.353.00 SECTION 11. That because of such emergency, the City Manager r or des ignate employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City fror the requirements of competitive bids. 4 J, SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1989. A RAY S, MAYOR I ATTEST: i JENRITER-WLTERS, CITY SECRETARY f APPROVED AS TO LEGAL FOR11: DEBRA ADAM DRAYOVITCN, CITY ATTORNEY BY: - I ' II ~ I 1 i PAGE TWO F. t F 777 DATE: AUGUST 15, 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: EMERGENCY PURCHASE ORDER #91737 RECOMMENDATION; We recommend this Emergency Purchase Order to wesco in the amount of $17,353.00, be approved. SUMMARY: This emergency purchase of electric distribution cable was necessary to replenish warehouse stock which appeared to be available on inventory data, but stock had been depleted. This cable was needed for work in progress on the Hickory Street i conversion project. I BACKGROUNDt Purchase Order PROGRAMS, DEPARTMEpITS OR GROUPS AFFECTED; Warehouse Account #710-043-0582-8708. FISCAL IMPACT: Budgeted Working Capital 88/89 Respe ully submitted: LloM Harrell City Manager Prepared by`; Names Denise Manning Titles Buyer Approved; 1 et J n ha 11 tlet urchasing Agent 11) 015.DOC 4i y a N THIS IS A C1TY of DEN ,W, TEXAS CONFIRMING ORDER AAA PURCHASE ORDER NO: PC 91737 (IF MARKED Thrt number must appear on All DO NOT DUPLICATE krvokee, delivery a pe cases qns., bOxe s, paClirp ergs and t>0s. Req No: Bid No; Data: 01 26 dS Pape No O 1 VENDOR RACMAS DMSON / 901.8 TEXAS STREET / DENTON, TEXAS 76201 NAME/ la_SGG 8171566.8311 0"A4ETR0267.W42 ADDRESS F+.O. UUA,1370 7)7+ DELIVERY 0! UENTGN 1sA.3EHClJSE CONFIRMATION F IRM ATIUN ONLY UT u1r2TH. 7( 7 117 ADDRESS J0 1407 JUPLICATC i VENDORNO. VE349000 DEEIVERYOUOTED 03 01 89 FOB Da5TINATION TERMS O1 700 FT ITY 8 28030J50 U50 VENCOR CAT. 0 N / A 2.479 17x353.00 :ASSA UG 4/'J 1 I I i j i PAGE TOTAL 17935300 01 710 043 05131 U708 17s353x00 GRANO TOTAL ! 17a354a00 VENDOA INSTRUCTIONS; 3 Terms - Net 30lunw" atwwrx %*,4 e l 1. Send OrVrW 0.oke vAh 64 kate Oopy. 4. ShiWrq IMtruetb, F O.B Destinalbn prepad Itk4u oewwI soxeelxdt 2.0410 - AaOunta Proble 6. No %dersl of state sales tax shalt be Included 213 E. "i r ne~r~n 7v7~tSt Mpkesbilled ire+Inno urcneeln00wlson i P +1 DATE: AUGUST 15, 1989 CITY COUNCIL REPORT J To: Mayor and Members of the City Council 1 y FROM: Lloyd V. Harrell, City Manager SUBJECT: P.0.0 90805 - J S S EQUIPMENT SERVICES, INC. 1 RECOMMENDATION: We recommend this Emergency Purchase order for the -repair of the City of Denton Equipment #'s 2550, 2495, 2525, and 2535 in the amount of $12,211.60. SUMMARYs The equipment is used at the Landfill and is for a group of small items for all but #I2550 where some $9,971.28, was spent on ~ some various new and overhaul items. These pieces of heavy equipment is used constantly and must be in good repair. we This j usually have some major repairs on this equipment seems to be less than usual. BACKGROUND: P.O. #k90805 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Landfill Operations and the Citizens of Denton FISCAL IMPACT: There is no additional impact on the General Fund. Respectfully submitted: a re 1 4CiMannager Prepared bys jme o n J. Marshall itie Purchasing Agent Approved: J J, Marshall ing Agent me 2lcs Purchas 015.DOC t fl ~ I a CON41l, INI3 ORDER XX v L I PURCHASE ORDER NO: PC 90805 (If MARKED) J This number must appear on a9 O DO NOT DUPLICATE h6ces, defvery B:m cases, ctna, boxes, packing slips snd bee. Bid Nor. D Date: 07 13 89 01 Page No. VENDOR R 6iChb6SAJ(3 DW7SM / 901.8 TEXAS STREET/ DENTON, TEXAS 76201 NAME/ J•S. EQUIPMENT SERVICE INC. 8171566.8311 Q/AVMETR0267-00l1 ADDRESS 602 WILDLIFE PARKWAY CONFIR14ATICN GNLY GRAND PRAIRIE, TX 75050 DELIVERY VEHICLE MAINTENANCE ADDRESS 804 TEXAS DENTON. TX 76201 I VENDOR NO. JJJ59500 OELNERYOl107ED 07 30 89 FOB DESTINATION TERMS { O1 I EA 1TY 8 92935 VENDOR CAT. 0 N / A 4.700.000 49700.00 1G/2250 ASR ERAKES ON UNIT 6 FIX DOOR 02 ! EA ITY / 92935 IGA2450 REPAIR ENGINE FANNDOR CAT. / N / A 3000000 300.00 03 1 EA STY 0 92935 VENDOR CAT. 9 N / A 300.000 300.00 1Gi2495 REPAIR LEAK ON AC 04 1 EA ITY A 92935 VENDOR CAT. / EPAIR ACCESS DOORS 6 WATER PUMP / 2550 N / A 261.200 261.20 05 1 EA ITY 0 92935 VENDOR CAT. ■ N / A 5.271.280 5.271.28 EPAIR TO 2550 1106 1 EA STY N 92935 VENDOR CAT. 8 N / A EPAIRS TO 2450 8718710 871971 I 07 1 EA ITY 0 92935 VENDOR CAT. 0 N / A 282.900 282490 EPAIRS 70 2495 08 1 EA 17Y 0 92935 VENDOR CAT. 1 N / A 340000 34.00 EPAIR TO 2525 09 1 EA ITY 0 92935 VENDOR CA7e P N / A 190.510 190.51 EPAIR TO 2535 V , PAGE TOTAL 126211060 01 710 025 0580 9710 12.211.60 GRAND TOTAL 1 126211.60 VENDOR WSTRUCTIONS: 1 Terns - Net 30 ruwru w* M Weair6e l 1, Send ortinal Invoice with d~A*.sts copy, k Sht0mg trstructions: F.0 8. Deal natan braced ru„ wi wrwwwo w.M•d) j a' U to - Accounts PwAble 5. No federal or state sales tax shall be included I! 215 E. McKinney St In prices billed. Demon, Tx 76201 VENDOR rchasing Division i r i i I I t film inn I I f 2651L-5/3689 NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES G MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIRFIMENTS OF COMPETITIVE BIDS; AND PROVIDING Ali EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bida; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equip- went or aupp es, As described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 91695 MOTOROLA COMMUNICATIONS 62207A-VI SECTION II. That the acceptance and approval of the above items s a T not constitute a contract between the City and the person submitting the quotation for such items until such person shell comply with all requirements specified by the Purchasing Department. SECTION Ill. That the City Manager is hereby authorized to f execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. L C SECTION IV. That this ordinance shall become effective immecT _aEe_ y-upon its passage and approval. PASSED AND APPROVED this the day of r 1989• RAY STEPHENS, MAYOR i ATTEST: JENNIFER So CITTSECRETARY f APPROVED AS TO LEGAL FORM: DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY j f BY: 1 i 1 7,~ DATE: AUGUST 15, 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUDJECTs P.O.# 91695 - bIOTOROLA COMMUNICATIONS $22,378.40 ONE: SOURCE PURCHASE RECOMMEMDATIONs We recomnend this P.O. 091695 be approved to Motorola Communications for remote radio system compatible with cur existing S.C.A.D.A. system fcr $22,378.40. SUMMARY: This is for like compatible radio automation to control by radio systems at Lewisville Hydro Project, and to operate the existing remote terminal unit. we will also be able to discontinue use of some leased telephone lines. We would also be able to use this in the future to control the Ray Roberts Hydro Electric Project and the Water Plant facilities. BACKGROUND: P.O. Copy, Motorola Letter and Prices, and Memo From Ray Wells PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs The Utilities Department and The Citizens of Denton FISCAL IMPACT: There is no additional impact on the General Fund. Respectfully submitteds hI y o i Ci M alter Prepared by: r yamet Nh J.~ hall eritle ✓ Purchasing Agent Approved: I ~%A c 1!'Z ill'" AIa 1 /J6hh . Marshall - 'Tit e/s Purchasing Agent 015.DOC Flaw t O ti CITY of DENTON, TEXAS THIS IS A CONFIRMING ORDER FXx PURCHASE ORDER NOt PC 91695 fia mlmbar nwet appear on an (IF MARKED) hoice9, delivery sups, cues, DO NOT DUPLICATE cft. boxes, pod(kg slips W bills. Date, 06 07 a9 Pape Nor 01 . r^ Req No: Bid No: D PtJfCHASING WSCN / 961.8 TEXAS STREET/ DEYTON, WAS 76201 VENDOR MCTORCLA CGMMUNICATIONS 817/588.8311 D/PWMETRO 267.W42 j NAME! tONFIRMATIGN ONLY Pau9 BOX :1350 DEUVERY COMMUNICATIONS ADDRESS DALLAS, TX 75285 ADDRESS 901 B TEXAS ST DENTON9 TX 76201 I VENDORND. MOT52500 DEUVERYOUOTED OD 30 89 FOB DESTINATION TERMS I VENDCR CAT* 0 N / A 2096289400 1209628.40 0/ 1 EA ITY Y 28748 ARCOM 4000 RADIO AUTOMATIGN RADIO SYSTEM I' VENDOR CAT* / N / A 197502000 19750000 02 i to 28748, EMOTE E SITE INTERFACE QUOTE I13106234 I i ~r PAGE TOTAL I 229378.40 GRAND TOTAL i 229378940 Ol 611 008 0254 ci227 22.378.40 B. T9rme Net 30 ItJ.MU artrrw99 9p90 ME I 8J3TRUCTIONB: BhbWnO ~~gpry, f.0 B Dealin9tbn pn►pald (U~M9 oeww9.o«~1rdl V1EIIDOR j . Band p101nr tiNCiCa wllh digncah coOY B, NO kderal or alaU sake W at+ell W 1ncAAed , 4. B4 b - Atcourb PMbN N prk9a Dailed Plrcf+a~in 11~v lx ~On i PIBE. INcxinrw%9t .i•.rnnn MN.. iV yen f e v t, 4 r. G'ar Wells ?Ql-E ?eras Street Denton, Texas 767-01 Re4rereeces Darcc,T' 4QQQ Radio A~Jtomatton System Fr-c.posal Dear Fay Wells, MOTOROLA Cammunicattons and Electronics inc. is pleased to quote on Dar•com 9Q00 vadia equipment for your operations at your j facility in Denton, Texas. ]noted is the latest state-of-the-art In electronics and F.M. two-way radio technolgy. The radio equipment outlined is designed and manufactured by MOTOROLA in the United States. The radio equipment meets all of your particular spQcifications and needs that mere originall-; snginsered betwaen ACS INC. i.*. Clint Cowan I and MOTOROLA's Microwave Consultant Sam Tiner. During a Canversation last week; With D<:n to move this project forward we contacted RCS INC. to reveiw technical specs with Clint but was told he is an a special project in South America. l Therefore if you choose to order the attached equipment list and' if for some reason ewe needed to order additional RS-232 input -ablts. or a vox input board the additional Cost to the equipment itst would be around $250.00 pe+'%site. If you have any questions on the above equipment or any of the options within the specific package please do nut hesitate in calling our Dallas Regional Office at 1-Z14-888-6750. Sincerely yours. M O- 0 R O L A Je +_r+t cations anj Electronics INC. s FaMan os/A count Eve rnment Markets Division I I Jr•m/gtllt A~ r M Denton Utility Department Date: 6-21-89 Fite: DENUDAR Prepared by: Sam Tiner Sales: Jim Mantos OARCOM 9000 RADIO AUTOMATION RADIO SYSTEM Point to Muld-point 928-952 MHz Spectrum ZcFRN7024 UJPAI DESCPJPTION.- QTY UNIT EXTENDED -1 ull Du II-ex Master Stelfon 1 $8,000,00 $6,000.00 temalChannel Monitor I $0.00 .5 KHz Operation $0.00 f 1 Handset Aack Moun $125.00 $125.00 t Cu 1 $30.00 $30.00 1d MK1075 T Rack 1 5540.00 $540,00 2 F2684 Full Duplex Aemote Station 4 52,300.00 $9,200,00 2a V344 External Channel Monitor 4 $0.00 $0.00 2b V347 12.5 KHz Operation 4 $125.00 $500,00 3 TMN6057 Hand tot' 2 $106.00 $21200 i 4 TDN6602-10010010F Coax A Jum r 1 $920.00 $920,00 ll 5 FIRX4034A A/C Surge Projectors 5 $50,25 $25L25 6 RRX4043A Antenna Su essors 5 $58,75 ! 293.75 7 TDF65539dbOmnlAntenna 1 $1,019.00 $1,019,00 € 8 TDF$314 Ya 1 Antenna I, 4 $188.00 $741.00 i 9 TDN6810 Is Tie Kit 5 $37.00 5185.00 10 DS08204ONMNM Double N Male Conn _ 4 $25.00 $100,00 i 11 DSD82040-20 Va r Block 8 20' 4 $20.00 580.00 12 OS48100114' Su r11ex 8' Jum r 4 $81.60 5248.40 13 MDN6831 WelUR001 Feed Thru 1 $54.00 554,00 14 TDN8674 Oroundin Clam 2 529,00 558.00 15 TDP16672 Hoisting t3rip 1 545.00 $45.00 16 Darcom-9000 h4anual - rP6802938080 1 $25.00 52b,00 TOTAL EQUIPMENT COSTS $20,628.40 I i 5 i CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM TOs Robert Nelson, Executive Director of Utilities John Marshall, Purchasing Agent FROM: Ray D. Wells, Superintendent, Metering/Substations/Communications DATES August 9, 1989 SUBJECTi P.O. Number 91695 - Explanation and Support Documentation The purchase of radio equipment listed on the above referenced purchase request is necessary to allow the City of Denton Electric Utility Department to operate S.C.A.D.A. (Supervisory Control and Dat+► Acquisition) equipment between the Lake I Lewisville Hydro Project, Brazos Electric Co-op, Inc., Lewisville Substation, and Denton Spencer Plant. The leasing of telephone lines would be extremely costly between these points, and the baud rate the system could operate at would be too slow. The purchase of this equipment will also allow us to operate our existing R.T.U. (Remote Terminal Unit) located at Denton West Interchange by radio, an3 enable us to discontinue the lease line with 0,T.E. resulting in a $264.70 per month reduction in operating expense. we would also be able to incorporate the Lake Ray Roberts Hydro Project and proposed water Plant facilities. The reason for listing Motorola Communications as vendor is that this equipment is completely compatible with our existing A.C.S. S.C.A.D.A. equipment and the Brazos' microwave link to Waco dispatch center. Purchase of radio equipment of another type would result in additional costs for interface equipment and engi erinq. I we s c s E. Tullos, Director of Electric Utilities I RDWstn 020 .I i y I I r j R f I I f I I 1 VT F` i DATE: 9/14/89 c ? L.S9~S~1.. P9B Lf9~M_gI TO: Mayor and Members of the City Council J FROM: Lloyd V. Harrell, City Manager VIII SUBJ: Approval of a funding agreement between the City of Denton and HOPE for the expenditure of Emergency Shelter Grant Program funding in the amount of Si0,000.00. RECOMMENQMIO: r ` Staff recommends approval. f BACl(GROUND: f N/A %IMMat: The City has contracted with the Texas Department of Community Affairs to expend $82,800 in ESGP funds. The $10,000 allocated to HOPE will provide homeless prevention services, e.g. payment of rent and food assistance. ` PROGRAMS. DEPARTMENTS 08 gROUPS AFFQTEO: j ` Community Development Staff will be working f with HOPE to complete the project. 'f ` Fj,~dL IMPACT: I CDBG administration accounts will absorb all costs. I Resp fully sub fitted v 0d V. Harrell City Manager Pr pared by: Barbara Ross ~S Community Development Coordinator I Approved: rank RobbiA~s-AIICP Executive Director for Planning 6 Development z 2752L NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND H.O.P.E., INC. TO PROVIDE ASSISTANCE FOR THE HOMELESS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is authorized to execute an agreement between the City of Denton and H.O.P.E., Inc. to provide assistance for the homeless, under the terms and conditions contained in the agreement. a copy of which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds not to exceed Ten Thousand $10,000) Dollars. SECTION III. That this ordinance shall become effective imme at3i ly upon its passage and approval. PASSED AND APPROVED this the _ day of , 1989. i RAY I I , MAYOR ATTEST: I jENNIFER , MTY SECRGIAlIl APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i i I 3 J d 1 3 ° I w G 2748L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON AND H.O.P.E., INC. § This Contract and agreement is made and entered into by and between the City of Denton, a Texas Municipal Corporation, acting by and through its City Manager, pursuant to Ordinance dated hereinafter referred to as C~- and H. .P. nc., a non-profit corporation with offices at 1213 N. Locust, Detiiton, Texas 76201 hereinafter referred to as CONTRACTOR. WHEREAS, the CITY has received certain funds from the Texas Department of Community Affairs ("TDCA"), under the Stewart B. McKinney Homeless Assistance 2.ct; and; WHEREAS, the CITY has designated the Planning and Community Development Department as the department responsible for the administration of this contract and all matters pertaining I thereto, and; WHEREAS, the CITY wishes to engage the CONTRACTOR to carry , out such project; NOW THEREFORE; the parties hereto severally and collectively agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. I. TERM This Contract shall commence on or as of August 1, 1989, and shall terminate on May 1, 1990, unless extended by mutual agreement. II. RESPONSIBILITIES The CONTRACTOR hereby accepts the responsibility for the I performance of all services and activities, in a satisfactory and efficient manner as determined by the CITY, in accordance with ' the terms herein. The CITY will consider the CONTRACTOR'S executive officer to be the CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from the CONTRACTOR, and approved by the CITY. I 5 f I k w ' 5 The Director of Planning, or hislher designated represen- tative, will be the CITY's representative responsible for the administration of this contract. III. rITY'S OBLIGATION A. Limit of Liability. In consideration of full comppliance with the provisions of this Contract by CONTRACTOR, t 'art of EXHIBIT ~ reimburse "All NotwithstCONTRACTORanding oany budget includeddasua suant part hereto in , ~~1 accordance with the project other provision of the Contract, the tot total of all payments and other obligations made or incurred by $1 the CITY hereunder shall not exceed the sum of 0,000.00. B. •ieasure of Liability. In consideration of full and ;etisfactory services and activities hereunder by to CONTRACTOR based on ur osesBudget as the CITY shall make payments rovisions set forth attached hereto and to incorporat the limit tions iandf p al P P EXHIBIT A subject in this Section and Section VIII of this Contract. the parties (1) It is expressly understood aunderTethisy Section are that the CITY 's obligations hereto, of adequate Emergency Shelter contingent upon the actual receipt Grant Program ("ESGP") funds from the TDCA to meet the CITY s funds are not i s Cot If ntsnunder. this Contract, the CITY shall liabilities under aime available to make p Y within a reasonable time f e either notify CONTRACTOR in writing at its Optio fact has been determined. The CITY Beaapecified in Subsection A funds reduce the amount of its liability, the Contract. If ESGP mina of this Contract are reduced, the of eligible this e Sforecustioen oforr terminate p purposes a ments due to CONTRACTOR CITY shall not be liable for further p y under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton' (3) The CITY shall not be liable for any cost or PORTION thereof which: reimbursed or is subject to (a) has been paid reimbursed from any other source; (payment or reimb (b) wsa incurred prior to the beginning date, or after the ending date specified gn Section I; PAGE 2 { w (c) this oCont act,icincludinganall wexhibits tattached hereto; (d) has not been billed to the CITY within thirty (30) calendar dto the CONTRACTOR, or days following billing ng Contract, whichever is earlier; (e) is not an allowable cost as defined by Section XI of this Contract or the project budget. (4) The CITY shall not be liable for any cost or portion 1 thereof which is incurred with respect to any activity of the CONTRACTOR requiring prior written authorization from the CITY, or after the CI'T'Y has requested that the CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until the CONTRACTOR is therefore advised by the CITY to proceed. j (5) The CITY shall not be obligated or liable under this I Contract to any party other than the CONTRACTOR for payment of i any monies or provision of any goods or services. E ~ I IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS E A. The CONTRACTOR understands that funds provided to it pursuant to this Contract and agreement are funds which have been made available to the CITY by the State Gcvernment under the Stewart B. McKinney Homeless Assistance Act, Title IV of P.L. 100-77 and the McKinney Amendment Act, (P.L. 100-628), as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, the CONTRACTOR assures and certifies that it will comply with the requirements of the McKinney Act, as amended and with regulations promulgated thereunder, and codified at 24 CFR, which in no way is meant to constitute a complete compilation of all duties imposed upon the CONTRACTOR by law or administrative ruling, or to narrow the standards which the CONTRACTOR must follow. The CONTRACTOR further assures and certifies that if the regulations and issuances promulgated pursuant to the Act are / amended or revised, it shall comply with them, or notify the f CITY, as provided in Section XXIV. D. of this Contract. B. The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the State of Texas and the City of Denton. 1 C. CONTRACTOR shall make known that use of the facilities I PAGE 3 i i i i 4 J w and services funded under this Contract are available to all on a designed riton make available Oto~inOterested personsntinfrocedures ormation concerning the existence and location of services and facilities that are accessible to persons with a handicap. CONTRACTOR shall administer, in good faith, a policy designed to ensure :h, at its homeless facility is free from the illegal use, possession or distribution of drugs or alcohol. V. REPRESENTATIONS A. The CONTRACTOR assures and guarantees that it possesses , the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of the CONTRACTOR, do hereby warrant and guarantee that he/she, or they, have been fully authorized by the CONTRACTOR to act on behalf TOR ands legallys bind rthe CONTRACTORotot a11COtrms, p and to validly provisions herein set forth. performances and i v C. The CITY shall have the right, at its option, to either ' temporarily suspend or permanently terminate this Contract if 4 there is a dispute as to the legal authority of either the CONTRACTOR or the person signing the Contract to enter into this ' Contract. The CONTRACTOR is liable to the CITY for any money it has received from the CITY for performance of the provisions of this Contract if the CITY has suspended or terminated this Contract for the reasons enumerated in this Section. D. The CONTRACTOR agrees that the funds and resources provided the CONTRACTOR under the terms of this Contract will in : no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other fits which theeCONTRACTOR hadwoulthid have been Contract not available been executed. through, VI. j PERFORMANCE BY CONTRACTOR The CONTRACTOR will provide, oversee, administer, and carry out all of the activities end services set out in the budget attached hereto and incorporated herein for all purposes as Exhibit "A," utilizing the funds described and incorporated j herein for all purposes and deemed by both parties to be 1 I PAGE 4 J 3 d necessary and sufficient payment for full and satisfactory per- formance of the program, as determined solely by the CITY and in accordance with all other terms, provisions and requirements of this Contract. No modifications or alterations may be made in the budget without the prior written approval of the City's Executive Director of Planning and De•elopment, or his/her authorized representative. VII. PAYMENTS TO CONTRACTOR A. The CONTRACTOR must maintain a separate numbered account for the receipt and disbursement of all funds received under this Contract and any program income resulting therefrom. The CONTRACTOR further agrees that: j (1) Such account shall contain only the funds received 1 pursuant to this Contract and that no other funds shall be mingled with funds in such account, except funds deemed to be program income as defined in Section XII of this Contract. CONTRACTOR shall support all checks and withdrawals from said account with itemized documentation of costs under this Contract. Upon the CONTRACTOR's written request and solely ` within the discretion G1 the CITY, an alternative accounting mechanism may be permitted, provided such alternative adheres at all times to generally accepted accounting principles. (2) Said account shall be maintained, under conditions approved by the CITY, in a financial institution, with federal deposit insurance coverage and the balance, if any, exceeding the federal deposit insurance coverage, shall be collaterally secured. B. Method of Payment. Payment by the City for services provided ereun er Shall-be made as follows: 5,000 on September 1, 1989 5,000 on January 5, 1990 C. Excess Payment. CONTRACTOR shall refund to the CITY I within ten wort ng days of the CITY's request, any sum of money which has been paid by the CITY and which the CITY at any time thereafter determines: (1) hats resulted in overpayment to CONTRACTOR: or, i (2) has not been spent strictly in accordance with the PAGE 5 - -r ■ _.T 1 F Y t~ C' Y terms of this Contract; or (3) is not supported by adequate documentation to fully JJ Justify the expenditure. 1 D. Disallowed Costs. Upon termination of. the Contract, + should any expense or c arge for which payment has been made be subsequently disallowed or disapproved as a result of any audit- ing or monitoring by the CITY, the Department of Housing and Urban Development, or any other Federal agency, the CONTRACTOR will refund such amount to the CITY within ten (10) working days of written notice to CONTRACTOR, specifying the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through the CITY. E. Deobligation of Funds. In the event that actual expenditure rates ev ate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit "A," s the CITY hereby reserves the right to reappropriate or recapture any such under-expended funds. F. Contract Close Out. A final expenditure report shall be submitte y t e ON CTOR to the CITY within fifteen (15) working days following the close of this Contract period uti- lizing the form agreed upon by the CITY and CONTRACTOR. Any monies not spent by CONTRACTOR shall be returned to CITY. VIII. OWNERSHIP OF PROPERTY All equipment must be purchased by the CITY's Purchasing Department through the Comaunity Development Office. Equipment or major non-recurring expenses ($200.00 or more) may not be purchased without written consent of the CITY during the last four months of this Contract. Written notification must be received by the CITY within five (5) calendar days of delivery of non-expendable property in order for the CITY to effect identification and recording for inventory purposes. The CONTRACTOR shall maintain adequate accountability and c st and over such property, shall maintain adequate property ' record, perform an annual physical inventory. ~k I IX. I WARRANTIES The CONTRACTOR represents and warrants that: I I PAGE 6 I I or --W a , a A. All information, reports and data heretofore or hereafter requested by the CITY and furnished to the CITY, is complete and accurate as of the date shown on the information, data or report, and since that date have not undergone any significant change without written notice to the CITY. 8. Any supporting financial statements heretofore requested by the CITY and furnished to the CITY, are complete, accurate and fairly reflect the financial condition of the CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there "N has been no material change, adverse or otherwise, in the financial condition of the CONTRACTOR. C. No litigation or proceedings are presently pending or threatened against the CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which the CONTRACTOR is doing s business or with the provisions of any existing indenture or agreement of the CONTRACTOR. E. The CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all nece3sary action to authorize such acceptance under the terms and conditions of j this Contract. F. None of the assets of the CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by the CONTRACTOR to the City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. COVENANTS During the period of time that payment may be made hereunder a nd so long as any payments remain unliquidated, the CONTRACTOR shall Director t o,fwithout g the audio Development consent his/her he auExecutive representative: thorized A. Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of the CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, I liens, or other encumbrances to remain on, or attached to, any i PAGE 7 J assets of the CONTRACTOR which are allocated to the performance of this Contract and with respect to which the CITY has ownership hereunder. B. Sell, assign, pledge, transfer or othea~ s ord to become accounts receivables, notes or claims for money due. t of its C. Sell, convey, or lease all or substantial par assets. loan to, incur any liability for uarantors D. Make any advance , or or corporation as s g any other firm, person' entity surety, or accommodation endorser. equal to the amount E g t provide an amount of funds the term of this A by the City (CONTRACTOR'S Jude Match) 400 during rental paid by by provided paidlinn salaries. CONTRACTOR certifies Contract. This amount previous CONTRACTOR and $7s that these funds were not used to match funds for a I X1. ALLOWABLE COSTS A. Costs shall be cons pidered allowable only if incurred erformance of and in compliance directly specifically in the with this Contract and in conformance with the standards and provisions of Exhibit "A prior , Approval of CONTRACTOR's budget does not co8stQ8Ttherein. g written approval, even though certain items wmay ired pin order for i The City' itten authorization the following considered allowable costs s pr torber (1) Any Sub-contracts. igat (a) The City shall not be obled to any third of the CONTRACTOR) and CITY a~, for any contract service extending parties (including any subcontractors funds shall not be used to p , beyond the expiration of this Contract. (2) Out of town travel. ice (3) Costs or fees for temporary employees or servs. (4) Any fees or payments for consultant services- (5) or- (5) Fees for attending out of town meetings, conferences, PAGE 8 i 1 ` 8 h Ji Written requests for prior approval are the CONTRACTOR's 1 responsibility and shall be made within sufficient time to permit a thorough review by the CITY. Written approval by the CITY must be obtained prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. XII, PROGRAM INCOME A. For purposes of this Contract, program income means e arnings of the CONTRACTOR realized from activities resulting from providedsoro recei edr hereunder. from the CONTRACTOR's but funding earg ings management incl de, of not limited to, income from interest, usage or rental/lease fees, income produced from contract-supported services of individuals or employees or from the use of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract. I B. On a monthly basis, CONTRACTOR shall report and return to the CITY, all program income received or accrued during the preceding month. Alternative arrangements to this requirement may be made upon written request to, and written approval by the CITY. C. Records of the receipt and disposition of program income must be maintained by the CONTRACTOR in the same manner as required for other Contract funds, and reported to the CITY in the format prescribed by the CITY. D. The CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. E. It is the CONTRACTOR'S responsibility to obtain from the CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. The CONTRACTOR is respon- sible to the CITY for the repayment of any and all amounts determined by the CITY to be program income, unless otherwise approved in writing by the CITY. PAGE 9 1 5 4 ~ f V i XIII. MAINTENANCE OF RECORDS A. The CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in com- pliance with the provisions of Exhibit "A," attached hereto, and with any other applicable Federal and State regulations establish- ing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. i Nothing in this Section shall be construed to relieve the CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. The CONTRACTOR shall include the substance of this provision in all subcontracts. B. The CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and pro- cedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by the CITY. C. Nothing in the above subsections shall be construed to relieve the CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as the CITY may deem necessary, the CONTRACTOR shall make available to the CITY, TDCA, or any of their authorized representatives, all of its records and shall permit the CITY, TDCA, or any of their authorized representatives to audit, examine, make excerpts and copies of such record;, and to conduct audits of all contracts, invoices, i materials, payrolls, records of personnel, conditions or employ- ment and all other data requested by said representatives. XIV. REPORTS AND INFORMATION At such times and in such form as the CITY may require, the i CONTRACTOR shall furnish such statements, records, data and information as the CITY may request and deem pertinent to matters ' covered by this Contract. Regular performance reports, shall be submitted to the CITY by the CONTRACTOR no later than once each three months, com- mencing August 1, 1989. The performance report shall detail client information, including race, income and other such statistics required by CITY. The CONTRACTOR agrees to gather I PACE 10 I I I I i i information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 11 and furnish to CITY bi-monthly of all income received and funds expended. XV. MONITORING AND EVALUATION A. The CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract. { B. The CON'1kCTOR agrees that the CITY may carry out - monitoring and c A uation activities to ensure adherence by the CONTRACTOR to tt.. Work Statement, and Program Goals and Objec- tives, which are ttached hereto as "Exhibit A," as well as other provisions of this Contract. C. The CONTRACTOR agrees to cooperate fully with the CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by the CITY to be neces- i sary for the CITY to effectively fulfill its monitoring and evaluation responsibilities. D. The CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay the CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, the CITY shall provide the CONTRACTOR with a written report of monitoring findings. F. Copies of any fiscal, management, or audit reports by any of the CONTRACTOR's funding or regulatory bodies will be submit- ted to the CITY within five (5) working days of receipt by the CONTRACTOR. XV1. DIRECTORS' MEETINGS During the term of this Contract, the CONTRACTOR shall cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors setting forth the time and place thereof. j Such notice shall be M ivered to the CITY in a timely manner to I give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR under- stands and agrees that CITY representatives shall be afforded PAGE 11 i i i 1 y . access to all Board of Directors' meetings. Minutes of all meetings of the CONTRACTOR's governing body shall be submitted to the CITY within ten (10) working days of approval. XVII. INSURANCE withA respect CtoT providing Cs such observe sound business practices provide adequate coverage for projects under this Contract. B. The premises on and in which the activities described in the Work Statement, "Exhibit A," are conducted, and the employees conducting these activities, shall be covered b lia- bility insurance, commonly referred to as "Owner/ Tenant" coverage with the CITY named as an additional insured. Upon request of the CONTRACTOR, the CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. The CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability f coverage where available and other appropriate liability coverage for program pp participants, if a licabie. D. All non-expendable property acquired under the provisions of this Contract must be adequately insured against fire, theft, and loss, with the CITY named as co-insured. } E. The CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by the CONTRACTOR. All employees of the CONTRACTOR who drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivers license and liability insurance. Evidence of the employee's current possession and insurance must be maintained on a currents basis is ethe CONTRACTOR's files. F. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of the CONTRACTOR. XVIII EQUAL OPPORTUNITY A. All CONTRACTORS receiving funding in excess of $10,000 i I PACE 12 W low, T-W will submit for Employment approval Actioplan n Federal compliance provisionswith, Affirmativewritten the Equal Emp Y within thirty (30) days of the effective date of this Contract. cable B. All CONTRACTORS iy shall ive acwith all tion lawsporie gulations. employment opportunity C. The CONTRACTOR or SUBCONTRACTOR will furnish all infor- mation and reports requested by the CITY, and will permit access to its books, records, to ascertain compliance and accounts f stater and sFederal grules tand regulations. D. In the event of the CONTRACTOR's or SUBCONTRACTOR's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in wholfror in part, and the CONTRACTOR or SUBCONTRACTOR may further contracts with the CITY. J XIX PERSONNEL POLICIES Personnel policies shall be established by the CONTRACTOR and shall be available for examination. Such personnel policies shall: personnel policies, A. Be procedures, no more liberal ithan ncluding C oTlicis with respect to r and practices, including p ~ employment, salary and wage rates, working hours anandotravel; fringe benefits, vacation and sick leave privileges, and and by and the shall CITY. approved by the governing body B. Be in - writing of the CONTRACTOR 1 XX. CONFLICT OF INTEREST A. The CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or C indirect which would conflict in any manner or degree with the j performance of services required to be performed under this Contract. The CONTRACTOR further covenants that in the per- formance of this appointed as a member of having such body interest shall be employed or ppoint B. The CONTRACTOR further covenants that no member of its { PAGE 13 governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the CITY and no member of its governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any f interest, direct or indirect, in this Contract or the proceeds i thereof. i j XXI. NEPOTISM CONTRACTOR shall not employ in any paid capacity, any person 1 who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: 14 wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, l half-brother and half-sister. i XXII. POLITICAL OR SECRETARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by the CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation, H. None of the performance rendered hereunder shall involve, and no portion of the funds received by the CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or re- ligious facilit. or activity. I PAGE 14 TWO i XXIII. FUNDING APPLICATIONS any CITY each time the The CONTRACTOR eparing agrees or to submitting the CONTRACTOR is application for funding. The following procedures must be adhered to: j A. When the application is in the planning stages, a use of description be submitted funds by being the CONTRACTOR for, and to the C. fund B. Upon award of or notice of award, whichever is sooner, the CONTRACTOR shall notify the CITY of such award and the { effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to the CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and contract. I C. The CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of the CITY. XXIV. ~ CHANGES AND AMENDMENTS t ~ A. Any change in the terms of this Contract shall be by the terms writing thand executed is Contract by both except amendment whn hereto another method shall be used. B. The CONTRACTOR may not make transfers between or among approved line-items within budget categories of the Budget, " " without prior written approval of the CITY. Exhibit CONTRACTORAshall request the budget revision in writing in a form prescribed by the CITY, and such request for revision shall not revisions CITYsunder this increase the total monetaobligation Contract. In addition, budget change the nature, intent, or scope of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program information, whenever the level of funding for the CONTRACTOR or Exhibit '~c~cording to the total the program(s) described herein is altered levels contained in any portion { PAGE 15 111 1 1 I I I~ D. It is understood and agreed by the parties hereto that I changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. The CITY may, from time to time during the term of the L Contract, request changes in the Work Statement, Exhibit "A," r which may include an increase or decrease in the amount of the CONTRACTOR's compensation. Such changes shall be incorporated in I a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract i Budget Detail incorporated in Exhibit "A," Budget, shall require the prior written approval of the CITY. II G. CONTRACTOR agrees to notify the CITY in writing, of any proposed change in physical location for work performed, under this Contract at least thirty (30) calendar days in advance of the change. { f H. CONTRACTOR shall notify the CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of the Budget, Exhibit "A," for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. I XXV. SUSPENSION OF FUNDING Upon determination by the CITY of the CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, the CITY, without limiting any rigghts it may otherwise have, may at its discretion, and upon h ten (10) working days written notice to the CONTRACTOR, withhold further payments to the CONTRACTOR. Such notice may be given by f mail to the Executive Officer and the Board of Directors of { CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the f PAGE 16 i suspension period, if the CITY determines the default or defi- ciency has been satisfied, the CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, the CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. XXVI, 1 TERMINATION 1 A. The CITY may terminate this Contract with cause for any of the following reasons: 1 (1) CONTRACTOR's failure to attain compliance during any ' prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United + States Department of Housing and Urban Development. I (4) Finding by the CITY that the CONTRACTOR: I (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to this Contract sub- stantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Contract in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of the CONTRACTOR's property, or insti- tution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the CONTRACTOR. (6) CONTRACTOR'S inability to conform to changes required by Federal, State and local laws and/or regulations as provided in Section IV, and Section XXIV.(D)., of this Contract. I (1) The commission of an act of bankruptcy. F (8) CONTRACTOR'S violation of any law or regulation to { which CONTRACTOR is bound or shall be bound under the terms of the Contract. I PACE 11 i I S The CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. B, The CITY may terminate this Contract for convenience at any time. ~I If this Contract is terminated by the CITY for con- venience, the CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount rr~ which bears the same ratio to the total compensation as the services actually performed bears to the total services of the 1 CONTRACTOR covered by the Contract, less payments previously made. C. The CONTRACTOR may terminate this Contract in whole or in part, by written notice to the CITY, if a termination of outside funding occurs upon which the CONTRACTOR depends for performance hereunder. The CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of the CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between the CONTRACTOR and the funding source in question. The CONTRACTOR may terminate this Contract upon the dissolution of the CONTRACTOR organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, the CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. The CITY shall not be liable tc the CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations what- soever incurred after the termination date. E. Notwithstanding any exercise by the CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by CONTRACTOR, and the CITY may withhold any reimbursement to the CONTRACTOR until such time as the exact amount of damages due to the CITY from CONTRACTOR is agreed upon or otherwise determined. I XXVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is i f PAGE 18 I made or brought by any person(s), firm, corporation or other entity against the CONTRACTOR, CONTRACTOR shall give written notice thereof to the CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such J notice shall state the date and hour of notification of any such J claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or pro- 1 ceeding; and the name of any person(s) against whom such claim is being made or threatened. Such wricten notice shall be delivered either personally or by mail. XXVIII. MISCELLANEOUS E A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of the CITY. B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remainder shall remain in full force and effect and continue to conform to the original intent of both parties hereto. i I J XXIV. INDEMNIFICATION I A. It is expressly understood and agreed by both parties hereto that the CITY is contracting with the CONTRACTOR as an independent contractor and that as such, the CONTRACTOR shall save and hold the CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenaea for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever t resulting in whole or in part from the performance or omtssivn of any employee, agent or representative of the CONTRACTOR. B. CONTRACTOR 'agrees to provide the defense for, and to indemnify and hold harmless the CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent cause by the willful act or omission of the CITY, its agents, employees, 1 PAGE 19 i J or contractors. C. In no event shall any payment to the CONTRACTOR here- under, or any other act or failure of the CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by the CITY of any breach of covenant or default which may then or subsequently be committed by the CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, enforce power, privilege, v re heunder rights, the CITY to 8 . which powers, privileges, I or remedies are always specifically preserved. No representative or agent of the CITY may waive the Effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, under- standing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever; nor j shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an addendum to, or amendment of, this Contract. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or leaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, the CITY as the party ultimately responsible to HUD and TDCA for matters of compliance, will have the final authority to render or to secure an interpre- tation. F. For purposes of this Contract, all official communi- cations and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: TO THE CITY: TO CONTRACTORS: City Manager Director City of Denton H,O.P.E., Inc. 215 E, McKinney St. 1213 N. Locust Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF WHICH this Agreement has been executed on this the day of , 19 . ~ i 1 PAGE 20 CITY OF DENTON BY: t ATTEST: ' i r -CRr rM APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 14 H.O,P.E., Inc. f BY: 66,1-6o,,,,Lj BOARD PRESIM NT f I ATTEST: BOAR I ~ PAGE 21 1 t ' I EXHIBIT A BUOGET $10,000 Total Budget Average cost per family per month r h (includes rent and food assistance) $500.00 ` I Total number of service months 20 l i ~ This amount will serve 20 families for 30 days each or,. } 10 families for 60 days each or: 7 families for 90 days each food and rent assistance Funds will be utilized to pay only. j Page 22 w EXHIBIT ' WORK STATEMENT HOPE II GOAL: To assist families in crisis who are homeless or are about to become homeless by providing a support system. The support system stresses self- sufficiency through budget and employment counseling. OBJECTIVES: To ensure families have adequate housing by provision of rental or mortgage payments over ' a short term (30 to 60 day) period. To provide food assistance to families. To assist adult family members in obtaining employment through job counseling. To encourage family fiscal responsibility through budget counseling. To help families gain assistance from existing social service agencies. C ~ i Page 23 x a ~ a r a 1 f I i f I i I i i Ji ~ I i i 11' !H+H i r low E i 7 August 15, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER CONTRACT WITH FREESE 8 NICHOLS, INC., FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE IMPROVEMENTS TO THE RAW WATER PUMP STATION AND RAW WATER TRANSMISSION MAINS (2)" and 30"}, RECOMMENDATION The Public Utilities Board, at their meeting of July 20, 1989, r professional engineering ecommended to the City Council approval of the attached :ontract for improvements to the Raw Water services Station e and Raw W ate r Transmission Mains. i SUMMARY/BACKGROUND: The Water Utility has been in the process of increasing the capacity of the Water Production facilities to 30 MGO from 24 MGD. This requires improvements to several facilities: 1. Raw water pumps 2. Raw water transmission mains 3. Water Treatment Plant (completed) 4. Distribution pumps (completed) High service pump i6 installation was com feted last spring. Expansion of the Water Treatment Plant was completed last fall. The contract for purchasing another raw water pump was approved last spring. This pump will be delivered by December 1989, Some miscellaneous improvements to the raw water pump station and transmission mains are yet to be accomplished. The City of Denton Electric Utilities has assisted with reviewing the electrical portion of the raw water pump installation. The have determined that certain miscellaneous work should be accomplished to improve the reliability, efficiency, and safety of the station. These generally include: 1. Replace motor starter ii 2. Rewire motor starter l4 3. Replace motor operator for valve 06 4. Replace existing manual trolly and hoist with electric operated trolly and hoist i 1 I J Ir low r I~ I I City Council Agenda Item Page 2 ` During design of the water treatment plant and raw water pump station improvements, Freese A Nichols reported that the internal condition of the raw water transmission mains may inhibit their capacity. Over time, silt, clamshells, and other lake debris tend to settle on the pipe bottom and accumulate on the top and sides. The resulting r buildup tends to reduce the cross section area and to increase the pipe roughness. The result is lowered capacity. Mechanical cleaning of the line sometimes referred to as pigging the line, will remove the debris and restore a significant amount of the original capacity. Field test have indicated a roughness coefficient 120, P has a C of restore the pipe to concrete Increase 0thepcapacif9ty should from , about 27 MGD to about 32 MGD. The capacity over 30 MGD will provide additional time before pigging will again be required. Freese A Nichols services will be: 1. Designing the electrical improvements 2. Designing the pigging entry and exit ports 3. Establishig performance criteria for the pigging 4. Preparing construction documents and spacifications 5. Providing engineering services during construction as C'efined in tilt contract a Inspection services are considered as additional work. This is k typical for the industry. The Utility Staff will provide these services In-house with existing staff. These improvements will be bid and accomplished in conjunction with ` installation of raw water pump 04. The PUS has already approved the contract for purchasing the pump and we are awaiting delivery. FISCAL IMPACT: Freese E Nichols has proposed a fixed fee contract in the amount of k 539,116. Additional services such as surveying, testing, and inspection (if needed), will be compensated for based upon actual i cost times a multiplier. The types of costs and multipliers are: I _ _ 1 1ZLe Multiplier P i Staff Costs 2.30 Resdent iConsultant;ering 2.00 Sub 1 Direct Expenses .15 1.00 These multipliers are indentical to those used in recent contracts with Freese d Nichols. i t City Council Agenda Item Page 3 PROGRAMS, DEPARMEKS OR GROUPS AFFECTED: All water cust)mers of the City of Denton water system, Utilities Department and Freese b Nichols, Inc. Resp fully submitted, IIrX' reTT ; y Manager Prepared by, R. E. Nelson, Executive Direcfo-r Department of Utilities E Exhibit I Contract for Engineering Services II PUB Minutes of July 20, 1989 i i 64SOU:9.11 6 q5 3 AGREEMENT FOR ENGINEERING SERVICES ; STATE OF TEXAS COUNTY OF DENTON day This Agreement made, entered into 1989,dbyxandtbetween the y o enton, of d Freese and Nichols, Inc „ hereinafter er cae e an g hered the E duly authorized lsoto actiforhandiin behalf of rsaid ENGINEER. esentatlve, II I WITNESSETii, that in consideration of the covenants and agreements herein contained, the parties hereto do nutually agree as follows: SECT 10 I i EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engireering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated In the sections to follow, iI The Project shall include engineering design services required to prepare plans and specifications nforaim olesents to the raw water delivery system for se SECTION 11 PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the design, award of contract, and construction of the Pro- ject I including Additional Services and any required extensions approved the OWNER l~ r ' -1- ff t r SECTION III BASIC SERVICES The ENGINEER shall render the following professional services for the development of the Project: A. DESIGN PHASE: After written authorization, the ENGINEER shall provide profes- sional services in this phase as follows: 1. Prepare detailed plans, specifications, contract documents, designs, and layouts of improvements for the followings a. Raw Water Pump Station: (1) Replace motor starter for raw water pump 1. (2) Rewire the motor starter for raw water pump 4 to be similar to the other motor starters. (3) Provide a new motor operator for raw water pump 4 butterfly valve. 1 (4) Replace the existing trolley and h e st with an electric trolley and hoist. f b. Clle~an_in,~Raw Water Transmission Lines: Cleaning of both of t~, exTs o ng raw wa er nes crease the conveyance capacity of the lines. The design will incorporate the following items: (1) Pis launching and retrieval stations on each line. (2) Procedures for pigging the lines including verification of results. (3) Construction Contractor shalt provide professional services as required to meet Federal, State and local laws and regulations relating to trench safety. (Surveys to be furnished in Additional Services, Section IV). ` 2. Provide the OWNER with advice, when requested, with respect 4 to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other sub- surface explorations; however, the making of such investiga- tions and the interpretations of data and reports by special consultants are not a pert of the services to be rendered by th( ENGINEER, and the cost therefor shall be paid by the OWNER. -2- F t I M The LNGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factor, testing, etc., for the Project, but the cost of suc+ NFA. laboratory Oasts or lnspeatlon shall bo paid by th4 nN 3. Furnish the OWNER, xhen requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or for planning advancer will be provided as Additional Services. 4. Submit plans, fedoral specifications, and state agand ency(s) contract for approval, wheree applicable f required. 5. Furnish such information necessary to utility comppanies whose facilities may be affected or services may be required for the Pro3ect. 6, Prepare der ' s revised proposal opikion of forms (project probable quantities) ofn the sim and bid Improve- ments. to be constructed. 7, Furnish the OWNER five (5) sets of copies of ppitns, specifications, and bid proposals marked "Prelfi;omary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER ten (10) sets of copses of "Final" plans. As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGINEER and shall be paid for by the VANER at actual cost of reproduction. B, CONSTRUCTION PHASES Upon completion of the design services and approval of "Final" plans and s pecifications by the performance of services W in Rthis the phase ENGINEER as foljowsroceed with the p 1. Assist the OWNER in securing bids, issuing notice to bidders and notifying construction news publications, The notice to bidders will be furnished to the OWNER for publication in the local news media, The cost for publications shall be paid by the OWNER. The two projects shall be advertised together and awarded at the same time, -3- i V i v 2. Assist the OWNER in the opening, tabulation, and analysis of the bids radapand propriate furnish actions recommendations to a be o taken by theard of contracts or the OWNER. 3. Assist in the preparation of formal contract documents for l construction contracts. JI 4. Assist in conducting pre-construction conference(s) with the Contractr s , review construction schedules prepared by the Contrrequi e ' an dofrtherpro~ecoposed estimate of monthly cash Make one visit each month to the site (as distinguished from the continuous services of a to ~ at1Ye) to observe theontprogress 4 dance with the determine :ractrdocument$.work performinedOWthesen accorservices, the ENGINEER will endeavor to protect the NER against defects and deficiencies in the work of Contractors; it defects or NNER; ahowever, observed II lmnedletely Rtoithe report ENGINEER does not guarantee the Contractor's performance nor 1 is the ENGINEER responsible for supervision of the Contractor's operation and employees. ENGINEER shell not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor or the safety precautions and programs incident to the work of the Contractor. ENGINEER shall not be responsible for the acts or omissions of any person (except his own employees and agent) at the Project site or otherwise performing any of the work of the Project. 6. Consult and advise with the OWNER during construction, make recommendations prepare h change OWNER orders regarding with materials OWNER's apand provall.. mans 1. Review samples, catalog data, schedules, shop drawings, labo- ratory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Cor• struction Contract. of materials and be conducted at 8. lAssist the OWNER aboratory control nduringgconstructionito to the OWNER's expense. 9. Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies WNER$ forgsubstitutions ofntequiractorpme(st)and/And ore { O a 1 7 deviation%ed anoAdditionalsServicoeCiflcations will be lO. Review and comment monthly to the estimates Conditionsrofathent to Contractor(s), p ursuant Construction Contract. 11. Conduct, in company with the OWNEA's representative, a final inspection of the Project for conformance with the design tract concept and cr view 9andreonventlonn the wcertificate + of completion and the recommendation for final payment to the 1 Contractor(s). 12. Revise the construction drawings In accordance with the in- formation furnished by construction Contractor(s) reflecting by the ENGINEER prints changes of n"Rthe Project made ecord Drawings" shali9 be constructions to the OWNER. I SECTION IV ADDITIONAL SERVICES j Additional Services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are i described as follows: ' A. Field Surveying required for the preparation of designs, drawings 1 and plans. 1 9. Field layouts or the furnishing of construction line and grade { surveys. preparationrofirate C. maintenanceoand ioverhead expenses, consideration schedules, earnings and expense statements feasibility studies appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account con- struction performed by the OWNER. D, Making necessary property, boundary and right-of-way surveys preparation of easement and deed descriptions, includingg title search and examination of deed records; except there wi11 be no additional charge for surveying where the ENGINEER can prepare center-line type descriptions for the procurement of easements f along pipeline routes developee from the design surveys for the design of pipeline projects; however, additional surveyys re- quired to determine property corners aad complete d velopment of J ► . descriptions for right-of-way easements will be considered an Additional Service. E, Preparing applications and supporting documents for government grants, loans or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. G. Preparing any required Operation and Maintenance Manuals or conducting operator training and preparing Environmental Impact Assessments or Statements. H, Appearing before regulatory agencies or courts as an expert wit- ness in any litigation with third parties or condemnation proceed- ings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. I. Furnishing the services of a Resident Project Representative to act as the OWNER 's on-site representative during the construc- tion phase, if requested by the OWNER. The Resident Project j Representative will act as directed by the ENGINEER in order to p the rovide more extensive representation at the Project site during ENGINEERtdoesinotpguaranteesthefContractor's Section ~ ror eis he responsible for supervision of the Contractor's operation and t employees. If the ENGINEER is requested to visit the site more frequently than one (l) visit each month as set forth in Section III, Paragraph 0.5, the requested visits shell be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation, Through more extensive on-site observations of the work in pro- 9ress and field checks of materials and equipment by the Resident Project Representative and assistants, the ENGINEER shall endeavor to provide further protection for OWNER against defects and defi- ciencies in the work, but the furnishing of such Resident Project Representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for Contractor s failure to perform the construction work in accordance with the Contract Documents. J, Assisting the OWNER in claims disputes with Contractor(s), K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications, •6- I~ I i } 4 h L, Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated br this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. M. Preparing detailed Plans and Specifications for Trench Safety Systems. SECTION V RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER; A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit in,truc- tiohs, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 8. Provide all criteria and full information as to OWNER's require- ments for the Project, including design objectives and con- straints, space, capacity and performance requirements, flexi- bility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifica- tions. C. Assist ENGINEER by plocing at ENGINEER's disposal all available information pertinent to the Project including previoas reports and any other data relative to design or construction, of the Project- D, Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. E. Exx0 ne all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by ENGINEER obtain advice of an attorney, insurance counselor and other consuftants } as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. if F. Fuapprovals rnish and permits Prfrom oject landosuch approvalshandties having j j consents from others as may be necessary for completion of the Project, .7- J l r+ 4k G. The OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations, OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER. X. Provide such accounting, independent cost estimating and in- surance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the j Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid wider the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performing the work. 1. The OWNER shall determine, prior to receipt of construction bid, if the ENGINEER is to furnish Resident Protect Representative service so the Bidders can be informed. I J. If OWNER designates a person to represent OWNER at the site who is { not the ENGINEER or ENGINEER 's agent or employee, the duties, re- sponsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of Engi- neer and the Resident Project Representative (and any assistants) will be set forth in an attachment that is to be identiffed, attached to and made a part of this Agreement before such services begin. , I ~ K. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspec- tions. L. Give prompt written notice to ENGINEER whenever OWNER observes r otherwise becomes aware of any development that effects the scope or timing of ENGINEER's services, or any defect or nonconformance of the work of any Contractor. N. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as 1 required. N. Bear all costs incident to compliance with the requirements of this Section Y, i i j -B- i j i SECTION VI COMPENSATION A. BASIC SERVICES: Compensation to ENGINEER for the work defined in Section III shall be the lump sum amount of $39,1115 as listed below: Preparation of Plans and Specifications (III.A): Raw Water Pump Station Improvements $15,600 Cleaning Raw Water Transmission Lines 130700 J Construction Phase (111.8): 1 Advertising and Award S 3,500 General Representation ;~6 315 Total Fee Any applicable new taxes imposed upon services, expenses, and charges by any govern- mental body after the execution of this contract will be added as necessary to the ENGINEER's compensation. Progress pa ments may be requested by the ENGINEER based on the percent complete. Requests for progress payments will not be more frequent than monthly. 0. ADDITIONAL SERVICES: I 1. For Resident Representation and Inspectlon During Construe- tion and Construction Layout for the resident representation during construction and construction layout (Section IV.1), the ENGINEER shall be p A. Payment aid based on the Schedule of Charges shown in Attachment construction olayout dshall rbee due rand epayable o upon dsubmission of statements by the ENGINEER. Statements shall not be submitted more frequently than monthly. i 2, For Dither Additional Services For Additional Services in Section; IV except resident representation, the ENGINEER shall be paid based on the Schedule of Charges shown in Attachment A. Payments for Additional Services shall be due and payable upon submission by the ENGINEER. Statements shell not be submitted more frequently than monthly, If OWNER fails to make any payment due ENGINEER for services and expenses l within thirty days after receipt of ENGINEER's statement therefore, the i amounts due ENGINEER will be increased at the rate of 1% per month from -9- i F said thirtieth day, and in addition, ENGINEER may, after giving seven days' until written notice to 0aid Rirsfullnalleamountsuduerforiservices, expenses and ENGINEER has been p charges. SECTION VII OPINION OF PROBABLE CONSTRUCTION COST accuracy probable cost of the works furnish an oinion of The opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian con- siderations of operations and maintenance Cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER 's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the 1 Report must of necessity 3NEERspeculative not guaranteepthat pr posalsdebidseor design. Accordingly , from opinions, evaluations or studies submitted j actual costs will not vary by ENGINEER to OWNER hereunder. 1 SECTION Y[fI REVISION TO PLANS AND SPECIFICATIONS I i The OWNER reserves the riibyctheuOWNERtas1OWNERsmay deemhnecessary, and Specifications after approval compensation event for sethe rvicce OWNER shall pa to the in making such N revisionsand equitable The jectlasE outlined r herein. ENGINEER c ShallY exfr the ercise theesameednt of e the Pro prin the ofessionaloengineerfunthe derssimilar circree umstances care, skill vided diligence roro by ordinarily prod and ENGINEER shall, at no cost to the OWNER, raper/arm Services which fail to satisfy the foregoing standard of performance, SECTION 1X OWNERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and fiNGINE£R's independent associates and consultants) pursuant to this Agreement are instruments o -10- I i r s- service and ENGINEER shall retain an ownership and property interest here- in. OWNER may make and retain copies for information and reference, how- ever, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OWNER "or by those who obtained said documents from OWNER" without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. SECTION X INDEMNITY AGREEMENT ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement, In the evant of liability from suits, actions or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its proportionate share, which share shall be equal to the percentage of negligence attributable to the party. SECTION XI ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. SECTION XII j TERMINATION OF CONTRACT OWNER may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon thirty (30) days prior written notice to the ENGINEER with the understanding that immediately upon the -11- IV WNW fff ~ 1. \1 • I v receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, ENGINEER shall invoice the OWNER for all work accomplished by it y prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the project shall become property of OWNER upon termination of the Contract and shall be promptly delivered to OWNER in a reasonably organized form without restriction on future use except as stated in Section IX. Should OWNER subsequently contract with new CONSULTANT for continuation of Services on the Project, ENGINEER shall cooperate in providing information. SECTION XIII SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandeted by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Agreement shall be construed to ylve a rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Agreement (consisting of pages 1 to 13 inclusive) constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrumento SECTION MV The following Attachments are attached to and made a part of this Agreement; Attachment A - Schedule of Charges -12- .n r } This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day of , 1989. ATTEST: CITY OF DENTON, TEXAS Owner ` By: } APPROVED AS TO LEGAL FORM: t By: ATTEST: FREESE AND NICHOLS, INC. Engineer a By. r 1 -13- L-j 3~Hd 7Hl1:l i ATTACHMENT A SCHEDULE OF CHARGES Staff Members Salary Cost Times Multiplier of 2.3 Essidtgt Aggresentation Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, drafters, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (salary cost is equal to 1.47 times payroll. This factor is adjusted annually.) ~I Other Direct Exoenaea , Sub Consultant Expenses Actual Cost Times Multiplier of 1.15 All Other Direct Expenses Actual Cost Times Multiplier of 1.00 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, taste, and other work required to be done by independent persons or agents other than staff members, a I f 15 G ~ A-1 t r. 2751L NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF MODIFICATIONS TO THE CITY'S RAW WATER PIPELINES AND CLEANING THEREOF, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an agreement etween the City of Denton and Freese and Nichols, Inc. relating to professional engineering services for the design of modifications to the City's raw water pipelines and cleaning thereof under the terms and conditions contained in the c agreement, a copy of which is attached hereto and made a part f hereof. SECTION II. That the City Council hereby authorizes the expen tore o funds not to exceed Thirty-Nine Thdusand One Hundred Fifteen ($39,115) Dollars. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1989. I RAY STEPHENSO MAYOR i ATTEST: JENNIFER WALT] APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 8Y: At t~ i i + I 1 J Y Y E } 6 't Ii f i I I~ I I =1121j~LL, 111 1 gill I t i i I August 1, 1989 CITY COUNCIL AGEFCA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: PROPOSED AMENDMENTS TO ORDINANCE FOR FUNDING OF CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT PROGRAM. RECOMMENDATION: The Public Utilities Board, at their meeting of July 20, 1989, recommends approval of subject agreement. ~ i SUMMARY: In order to facilitate more efficient administrative handling of expenses and to eliminate cash flow problems associated with current funding arrangements, the following amendments to Paragraph 40 Support Services and Funding, Page 2 of Ordinance No. 86.216 ar: recommended to City Council for consideration. Proposed amendment. are underlined below. Deletions are indicated on the attachec, ordinance. 4. Support Services and Funding. The Chamber stall provide the o ce space, equ pmen an support staff necessary to the operations of the Office of Economic Development. The~Ci~t shall rovide funding as a roved in the bud et process o-n s a o o er. LUMP sum a men s s n be ma e o er and r o eac Year In the amount appropr ate or tat purpose by the LifyConcil. Any funds provided by the City pursuant to this Agreement shall be retained in an account separate from the Chamber's general operating fund and shall only be used for the purpose provided for in this Agreement. The Office of Economic Development shall keep current and accurate records of all funds received and ex ended, which shall be subject to inspection by the City at all reasonable times. The Chamber Economic Develo ment Office a rees to rovide month expenditure-and status reports to the ri-ty on theroress o e Economic ve o n ro ram, February s o eac ear e a er s e su a ro ram I u ge ry~e ues a s an en evaluate the progress-of fFie C a, m er",c`onanlc eveTo ro rem an a me -t It ti determine whether to continue a ro rat ons to su sort t e Office the o ow ng„- sca year. f c City Council, Page 2 BACKGROUND: Due to the slowing Texas economy in past years, the Chamber Economic Development Office was created through a Joint effort of the City and the Chamber of Commerce in October 1986, TMs program was initiated to encourage economic expansion in the Denton area. During the past two years, the Office has functioned it this capacity by encouraging a positive environment for growth. Numerous programs have been established which have brought about new fob growth and provided increases to tax and utility revenues through the relocation and expansion of business and industry. The following paragraphs highlight several Chamber economic development programs which significantly contributed and encouraged local economic expansion. During the past year, the Chamber Office played a key role with the expansion of the Dallas/Fort Worth Commercial Trade Zone. This expansion greatly reduces shipping costs of local business and industry, i In 1989, the Office also coordinated and participated in a series of orientation sessions to assist employees who are being transferred to new and existing Denton companies. These companies included Texas j Instruments and Texas Health Enterprises. The Office also continues to form alliances with other regional and state economic development organizations such as the Dallas Partnership and the Texas Department of Commerce. These associations i provide numerous contacts with prospective industry and, with y assistance from the Chamber Program, will continue to serve the community as a valuable source of information. Also during the past year, efforts of the Office resulted in the location of Triangle Plastics. The Office assisted in the relocation of Texas Health Enterprises' corporate offices to Denton and was also I instrumental in Safety K1een's decisions to expand its Denton facility Safety Kleen's $15 million plant expansion will create 120 fobs over the next five years. In the first two years of operation, the Office has responded to over 200 prospect inquiries. Of those 2000 the Office continues to maintain active files on 32 prospects. The Office will soon be announcing the location of a new 10,000 square foot facility on Corbin Road that will result in 100 Jobs. The location announcement f will be the culmination of intense solicitation and negotiation over the last year. I a City Council Page 3 Futher contributions of the Office include identification of available sites for future industrial relocations, examination and development of public and private incentive packages, an active business retention program and the coordination of the Small Business Development Center, In light of these successes and in the interest of continuing a i successful community-wide economic development program and to alleviate cash flew difficulties arising from current funding arrangements, the Chamber staff is recommending that the contractual f agreement between the City and the Chamber Office be renegotiated to allow more flexible financial support. The result would allow for / greater continuity in program implementation as well as creativity in carrying out program objectives. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Denton Chamber of Commerce Economic Development Office, and Citizens o? the Community. i FISCAL IMPACT: v I Determinable at each budget review. i L Respectfully submitted, Lloyd Harrell, Manager ' Prepared by, T-T. a son, Executive Director Departr*nt of Utilities j Exhibit I Proposed Ordinance II PUB Minutes of July 201 1989 III Proposed Agreement i ~ b450U:1-3 i CITY of DENTON, TEXAS 215 E. WKINNEY / DENTON, TEXAS 76201 ! TELEPHONE (817) 56&8200 MEMORANDUM DATE: August 9, 1989 TO: Mayor Ray Stephens and Members of the City Council , 1 FROM: Betty McKean, Executive Director Municipal Services/Economic Development SUBJECT: CITY/CHAMBER ECONOMIC DEVELOPMENT OFFICE FUNDING PROCEDURE In light of the Chamber's request for an adjustment to the funding payment procedure in support of the Economic Develop- ment Office, I have provided the following information as a brief review of the program's financial history over the first two years. In response to a slowing Texas economy, the City and Chamber commissioned the establishment of the Denton Economic Develop- ment Office in Novembet, 1986. The office was funded through an agreement between the City and Chamber whereby the City agreed to fund one-third of the program's expenditures and the private sector agreed to furnish the other two-thirds of the program's expenses as outlined in the first year's annual budget. i = In July, 1987, a director was hired. Private sector contri- butions were collected to support the Office. Unfortunately, the economy in some sectors left some contributors unable to meet their pledges. The sporadic timing of the remaining contributions prevented a systematic and manageable use of funds to accomplish economic development programs. Because City funds were not made available until private contributions reached a two-to-one ratio, payments were made only on a periodic basis. This procedure created real cash flow problems for the Economic Development program and hampered programming efforts. To relieve cash flow difficulties, in October 1988, provisions were negotiated (see correspondence from Jim Bunyard attached) so that the City could provide monthly installments to the Chamber rather than requiring a corresponding two-thirds k 1 9p Memo to Lloyd Harrell August 9, 1989 Page 2 investment by the private sector prior to each payment from the City. The agreement was that a fourth quarter reconciliation would occur in the event the ratios were in disparity, In addition, major new fund-raising efforts were undertaken by the Chamber Economic Development Advisory Committee to attempt to get out in front of the problem. In order for the City to provide further assistance to solve the cash-flow problem, the Chamber is requesting the City's r funding support be provided in lump sum amounts on October 1 and April 1 of each fiscal year, irrespective of private sector 1 balances at any point in time. 4 Amendments enabling the City to do that are contained in the proposed attached ordinance. Changes to paragraph 4 will provide for payment in the manner described above. In no way is this ordinance change intended to reduce tho financial role of the private sector In funding the Economic Development I partnership. Rather, it will simply make budget and l programming management more realistic and practical and take j I into account the periodic nature of some pledges. Further the ordinance strengthens the reporting requirements regarding expenditures and accomplishments. It is understood that the City Council will review future budgetary requests and the I City's continuing commitment to the Economic Development Office in light of the level of private sector financial involvement. ~ I Attached for your review is a history of private sector and I City contributions which clearly demonstrate that, overall, the ` original intended ratios are intact. Also attached is the Chamber's year-to-date (through 7-30-89) financial report which shows a very healthy July, 1989, private sector contribution level. It is recommended that the Chamber request be considered as a way to allow greater flexibility with economic development program funds and further contribute to the success of the Economic Development Office, Please let me know if I may provide you with further Information regarding this matter. I ~ e c n /pI 2690s J ~ s R 1 ~I I I f CI TV ofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 i TELEPHONE (8'17')'566-8200 MEMORANDUM DATE: October 4, 1988 TO: Lloyd V. Harrell, City Manager FROM: Jim L. Bunyard, Treasurer I ✓ THRU: John F. McGrane, Executive Director of Finance SUBJECT: FUNDING FOR ECONOMIC DEVELOPMENT (CHAMBER OF COMMERCE) 1988-89 After discussion with Bill Holt, it has become apparent that a consistent funding source is needed to stabilize the monthly 15onom c eve- o ment operation. After weighing the alternatives of either a monthly or quarterly funding, it is concluded that a monthly outlay of $4,167 which is 1/12 of our $50,000 pledge, would be best for both parties, By funding the program the first of each month we meet the operational needs and also disburse city funds on a consistent, less disruptive method. Each month we would receive a revenue report from the Chamber but would fund regularly until the 4th quarter, unless contributions were grossly under estimated. At the be inn ng o the City's 4th quarter, we would then go to a scheduled funding, increasing or decreasing our 1/3 based on actual funds contributed by the other participating sponsors. - Again, this funding program would be monitored monthly and a report can be generated either monthly or quarterly for your office and the Economic Development Advisory Council. t Flow .f 98B. Harrell Memo to Lloyd October 4, Page 2 I Also, the Economic Development Department is considering changing their fiscal year to coincide with the City's. if you should have questions about this method of funding, please advise. r unyar JLB:af cc; Betty McKean, Executive Director of Economic Development/ Municipal Services I E l{ i I I i 3B74F I Ir low i e n f~ CiTY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 October S, 1988 Chuck Carpenter, President Denton Chamber of Commerce 414 Parkway E P. 0. Drawer P Denton, TX 76202 i Dear Chuck: Recent discussions regarding Economic Development have included the possibility of changing the Economic Development fiscal year to October 1 through September 30. This coincides with the city's fiscal year and would certainly make funding from our standpoint more stable and understandable. We would endorse the change if your charter requirements don't preclude such action. t Also, a simplified funding program will be implemented, whereby 1/12 of the city's pledge amount will be disbursed at the first of each month. We would continue with our 1/12 until the ' beginning of the city's 4th quarter at which time the funding would revert to a monthly funding based on total receipts for the year. If the private sector funds were not in proportion then the monthly amounts could decrease. We will request a monthly report of revenues received and monitor these receipts which could affect funding during the first 3 quarters if cas is coming in at a particularly dis ro ortionsl deceased level. However, we don't presume that to e a realistic situation. We are all optimistic about the prospects of a great year and will offer any assistance as needed. Sincerely, M L. Humyar Treasurer JLF:af 3996F a r 2 f I I I ' I h i I I E7ow aide Develcprent Inoorme November, 1986 - July 31, 1989 I Pf~D6E9 I PUNDIN., 11/86 - 03/31/881 04/UI/88 - 09/30/882 10/01/88 - U7/31/89 TDM I FY 1989-90 Private Investment $54,920.00 $24,978.89 $43,459.36 $123,358.25 1 $76,000.00 { City Contribution *13,491.66 **l9,914.97 ***29,148.69 62,555.32 1 i CD 4 Interest -O- -0- -0- -0- I } zrmg $68,411.66 $441693.86 $72,606.05 $185,913.57 1 $76,000.OO *•f•ff►ffaaa•aaaa•aafafaaaf•ff•ar••aaafa•aaffafa•It It aar••fIt 1 of PRINATWCI7Y Private Investment 8D1 56% 601 664 City Contribution 201 441 401 341 Includes: Economic Development Incubation Program *$105DO.00 consultant Charges 282.00 Lanier Dictaticr+ Equipment *$11105.00 1988 Doonrndo Development Presentation Folder **$70500.00 Perryman Study **$3,5DO.OU Denton VidedCnE Relocation 402.56 1 (a) Ponds raised to support the econardc development office five months Prior to the 1987 Chamber fiscal year (04/01/81 to 03/311881 are included. (b) Director hired July, 1987, r1' (c) CharberIa first request for pgmwmt July, 1987. 2 At the request of the City, the ax=tiry period for the economic development office was changed from the Chamber fiscal yea (04/01/86 to 03/31/89) to the City's fiscal year (10/01/88 to 09/30/89) on October It 1988. Tb aommnodate that request, this acocuntirg period represents only 6 months. 1376e 8/9/89 F low -1 7 4 . ! DENTON CHAMBER OF COMMERCE Economic Development Financial Statement July 31, 1989 88-89 BUDGET JULY YEAR TO DATE { I Income: Private investment - 100.000 7.572.50 43.459.36 53,612 -0- 28,764.11 City contribution - -0- 21.90 584.26 Interest - ` Total incomes 183.612 7,894.40 72,807.73 I Expenses: 59.250 4,343.80 37,477.00 Salaries 6,200 353.02 5,215.84 Auto Expanse 5.115 305.67 3.132.92 Taxes 40612 264.33 2,898.42 Benefits 16,000 -0- 20699,40 Travol office supplies 3,600 -0- 1,677.70 i Telephone 4.200 39.80 3.050.18 1.000 -0 Audit -0- 685 -0- 80.00 Memberships 600 -0- -0- subscriptions 4,200 175.42 1.374.41 Postage f 6,600 448,82 6,308,70 Community Profile Pkp 19,750 -0- 422.86 Video Pieces 1,296.00 Sales Theme & DSrect Mail 9.000 -0- Susiness Expense 7.500 75.95 9.294.08 Capital Expense 51000 387.57 4,667.84 Professional Development 500 301.16 668,32 Total expenses: 153,612 61694.63 82,144.24 9 BANK BALANCEr 4.379.63 D J'' 1L1`_ J' t 60,00 petty Cash: AW e'er U db FIIuA 1 T-W i ;k x~ Y 1616L jl NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO M PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached agreement between the City of Denton an3^the Denton Chamber of Commerce providing for a program to promote economic development is hereby approved. SECTION II. That the expenditure of funds in accordance with tie Tg-reement is hereby authorized, SECTION III. That the attached agreement shall, in all respects, supercede the agreement between the City and the Chamber authorized by Ordinance 86-216 and executed on the 27th day of October, 1986. SECTION IV. That this ordinance shall become effective immeRRHTy upon its passage and approval. PASSED AND APPROVED this the day of , 1989. i i RAY 9TEPHENSO MAYOR ATTEST: JENNIFER VALTERS, CITY SECRETAR APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY it BY., L.i~ r y , 1616L THE STATE OF TEXAS § ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON § AND THE DENTON CHAMBER OF COMMERCE I This Agreement is made between the City of Denton, Texas, ("City"), and the Denton Chamber of Commerce ('"Chamber") for the purpose of providing for a program to promote economic develop- ment through the joint effort of the parties hereto, who, in consideration of their mutual promises, agree as follows: 1. Office of Economic Develo ment Created. During the term of this Agreement, the am er s a maintain an Office of Economic Development ("Office") managed by Director of Economic Development ("Director"), who shall be hired as a full-time employee of the Chamber to perform the duties of the Office. 2. Economic Develo ment Committee Created. In order to promote a program or econom c development t e parties agree that an Economic Development Committee ('"Committee") will be established. The members of the Committee, who shall represent i j the diverse interests of the community, sha)) he cppointed by the Chamber's Board of Directors, but shAll Include one member I of the City's Public Utilities Board, two memtvts of the City Council and two employees of the City, as dcaignated by the City. r Subject to approval of the Committee, the Chamber President shall have the authority to hire the Director of Economic Development. The Chamber President shall supervise the daily ` activities of the Director and may terminate the Director. The Committee shall approve the appointment of the person to serve as Director of Economic Development, and shall act in an advisory role to the Director. 3. Duties of Office. The duties of the Office of Economic Development shall include the following: a) Preparation, in consultation with the Committee, of a written comprehensive Economic Development Plan ("Plan") to be approved by the Chamber's Board of Directors and City Council. I b) Performance of an annual review and amendment, as necessary, in consultation with the Committee, ofthe Plan. (To become effective, any amendments to the Plan shall be approved by the Chamber's Board of Directors and the City Council.) c) Maintenance of a liaison with the Texas Industrial Commission and other public and private agencies and organizations that would promote the purpose of the Plan. d) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested persons as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City. , e) Initiation and maintenance of contact with, which shall include making presentations to, desirable industrial prospects so as to promote their interest in locating within the area, f) Render advice to the City of the progress of the Plan at such times as requested by the City. To this end, the office will provide monthly program reports to the City through the minutes of the Chamber's Board Meetings. The Office will also present quarterly reports that include the sources of expenditure of funds major projects, number of industrial prospects who visited Denton and industries locating in Denton to the Denton City Council, Public Utilities Board and such other groups as the parties may determine. 4. Support Services and Funding. The Chamber shall provide the of ce space, equ pmei` nt an-dsupport staff necessary to the operations of the Office of Economic Development. The City shall provide funding as approved in the City's budget which shall be adopted on or before the 20th day of September of each year. Of the amount appropriated for each year, the City shall pay the Chamber one-half on October lst and the remaining half shall to paid on the following April let. Thereafter, the City shall provide annual funding in the amount appropriated for that purpose by the City Council. Any funds provided by the City pursuant to this Agreement ' shall be retained in an account separate from the Chamber's general operating fund and shall only be used for the purposes provided for in this Agreement. The Office of Economic Development shall keep current and accurate records of all funds received and expended, which shall be subject to inspection by the City at all reasonable times. I PAG:l 2 R i i t The Chamber Economic Development Office shall provide monthly status reports to the City on the progress of the Economic Development Program, which shall include a description of expenditures of the Office made with funds appropriated by the City. Annually, during the budget process, the Chamber shall submit a program budget request to the City Manager. The City shall then evaluate the progress of the Chamber Economic Development Program and, at that time, determine whether to continue appropriations to support the office the following r -1 fiscal year. 5. Status of Office. The Office of Economic Development created under this greement shall be under the direct super- vision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber. The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of worker'a compensation premiums. The Chamber shall maintain policies of insurance in the minimum amounts required by law to protect against liability arising from the operation of any vehicles used by employees of the Office and the Chamber agrees to defend against, and indemnify and hold the City harmless from any claim arising from any negligent act of such employees. b. Term, Termination. This Agreement shall be effective for a term o one ki) year from the execution hereof, and shall be automatically renewable for successive period of one year without the necessity of any action on the part of the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for any successive year, in which case this Agreement 1 shall terminate. In any case, however, either party may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any unexpended funds provided by the City shall be returned to the City. Executed this day of 1989. RAY TY S OF PDENTbN~, A TEXAS j CI I f! ~ f PAGE 3 1 3 4 ATTEST: ~gER T ' , C CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITE OF DENTON, TEXAS Aim BY: f I DENTON CHAMBER OF COMMERCE i f , BY: , "FIDENT I ATTEST: SECRETARY j s PAGE 4 T-K S r I 1 I I r~ K lblbL 2 6 5 i NO. ~f AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF 18e CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached agreement between the City of Denton and the Denton Chamber of Commerce providing for a Program to Promote Economic Development is hereby approved, SECTION It. I That the expenditure of funds in accordance with the Agree- s sent is hereby authorized. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. 1 ~ PASSED AND APPROVED this the 02~ay of 1986. STWHENS, 14l1YOR CITY 0 DENTON, TEXAS ATTEST: CHARLOTTE ALLEN GITT bEv.Kh-FARY CITY OF DENTON,oTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITx OF DENTON, TEXAS BY: I F e b b 1sisL A THE STATE OF TEXAS I ECONOMIC DEVELOPMENT PROGRAM COUNTY OF DEN70N 6 AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE This Agreement is made between the City of Denton, Texas, ("City"), and the Denton Chamber of Commerce ("Chamber") for the purpose of providing for a program to promote economic develop- ment through the joint effort of the parties hereto, who, in consideration of their mutual promises, agree as follows: 1. Office of Economic Develo went Created. During the term of this j ement, c e am er s a create and maintain an Office of Economic Development. A Director of Economic Develop- ment ("Dlrector"), shall be hired as a full-time employee of the Chamber to perform the duties of the Office. 2. Economic Develo ■ant Committee Created. In order to promote a program or econo■ c seteopnihe parties agree that an Economic Development Committee ("Committee") will be established. The members of the Committee, who shall represent the diverse interests of the community, shall be appointed by the Chamber's Board of Directors, but shall include one member of the City's Public Utility Board, two members of the City Council and two employees of the City, as designated by the City. The Chamber President shall have the authority to hire the Director of Economic Development Committee. The Chamber President shall tsupervisevatheofdaily activities of the Director and may terminate the Director. The Committee shall approve the appointment of the person to serve as Director of Economic Development, and act in an advisory role to the Director appointed. 3. Duties of Office. The duties of the Office of Economic Development shaft nc u e the following: a) Preparation, in consultation with the Committee, of a written comprehensive Economic Development Plan ("Plan") to be approved by the Chamber's Board of Directors and City Council. b) Annual review and amendment, as necessary, in f ? consultation with the Committee, of the Plan. To become approved bye then Chamber's t Board t of PDirectors and the City Council. i 261 c) Maintenance of a liaison with the Texas Industrial A Commission and other public and private agencies and organizations that would promote the purpose of the Plan. d) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested persons as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City. e) To initiate and maintain contact with, and make presentations to, desirable industrial prospects so as to promote their interest in locating within the area. f) To advise the City of the progress of the Plan at such times as requested by the City. To this end, the Office will provide monthly program re orts to the City through the minutes of the Chamber's Board Me-sings. Quarterly reports that include the sources of expenditure of funds, major pro- jects, number of industrial prospects who visited i ►ienton and industries locating in Denton will be pvesented to the Denton City Council, Public Utility Board and such other groups as the parties may determine. 4. Support Services and Fundin. The Chamber shall provide the office space, equipment as support staff necessary to the o erations of the Office of Economic Development. the--Cis Dollars 9-iAi Zia aii~l nave a- W Thereafter, the City shill provide annual funding in the amount appropriated for that purpose by the City Council. f An funds rovided b the Cit } y p y y pursuant to this AQ reement shall be retained in an account separate from the Chsmber's general operating fund and shall only be used for the purposes I i PAGE Z 1 1 I TWO 268 provided for in this Agreement. The Office of Economic Deve- lopment shall keep current and accurate records of all funds received and expended, which shall be subject to inspection by the City at all reasonable times. ---nues and en-VIOV41--es of the Office U-11 40 p;aVided _0 ;he Gisy 4-a the Ghe~bep,4 Patkat. - . S. Status of Office. The Office of Economic Development created under this greement shall be under the direct super- vision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber. The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of worker's compensation premiums. The Chamber shall maintain policies of insurance in the minimum amounts required by law to protect against liability arising from the operation of any vehicles used by employees of the Office and the Chamber agrees to defend against, and indemnify and hold the City harmless from any claim arising from any negligent act of such employees. 4. Term- Termination. This Agreement shall be effective for a term o one ti) year from the execution hereof, and shall be automatically renewable for successive period of one year with- out the necessity of any action on the part of the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for Say successive year, in which case this Agreement shall terminate. In any case, however, either party ray terminate this Agreement by giving written notice to the ot.ier thirty (10) days advance notice, in which case any unexpended funds provided by the City shall be returned to the City. \W__ Executed 'this '41,0day of , 1984. NSFm YOR_._. r ' CITY DENTON, TEXAS PAGE 5 T-0 1-w The Office of Economic Development IFAT11%III%\I11,11 IMF 1AI`I4I11 V. Ri i'11tAU 11 •I'.. Ini HF11P IV11% 1111'na.: I.1'- I: "1' 1 i N IN, III r +~~E1MC1 Lf TO< LLOYD HARRELL FROM: RILL BOLT SUBJECT: ECONOMIC DEVELOPMENT FUNDING DATE: JULY 17, 1989 .I AS YOU KNOW THE PRIVATE SECTO!< ;]AS HAD 1).iFFICULTY IN RAISING THE FUNDS PER THE TMiS OF THE CONTACT THE CHAMBER HAS WITH THE CITY. THERE ARE MANY REASONS FOR THIS. FOREMOST IS THAT THE ; ECONOMY HAS TAKEN A HEAVY TOLL ON OUR INVESTORS. THE INVESTORS ORIGINALLY INVOLVED WITH THE PROGRAM WERE REAL ESTATE COMPANIES, CONSTRUCTION COMPANIESip AND OTHER WHOSE VERY EXISTENCE WAS TIED TO THE CONSTRUCTION AND DEVELOPMENT MARKET. I AT ONE TIME WE HAD OVER $100000.00 IN PLEDGES. IN THE IrAST 90 DAYS WE HAVE LOST AT LEAST $27,000.00 OF THAT. THIS WAS LOST DUE TO BANKRUPTCIES, FORECLOSVRES, AND OTHER RELATED PROBLEMS. ONE OF OUR *AOST FAITHFUL LARGE INVESTORS HAS BEEN UNABLE TO PAY THEIR PLEDGE BECAUSE THE SAVINGS AND LOAN THAT IS FUNDING THE DEVELOPMENT HAS NOT YET RELEASED THE FUNDS. WE ARE ACTIVELY WORKING TO REPLACE THIS MONEY WITH OTHER 1 - "DEEPER POCKET" INVESTORS AND TO FORM A LOCAL "COMMITTEE OF 100" TO PROVIDE LONG TERM PRIVATE SECTOR FUNDING. THIS COMMITTEE WILL WORK MORE CLOSELY WITH LOCAL DENTON BUSINESSES AS WELL AS THE DEVELOPMENT COMMUNITY OUTSIDE OF DFMN. WE ARE MOVING QUICKLY WITH THIS AND I AM CONFIDENT THIS APPROACH WILL SERVE OUR PROGRAM BETTER THAN DEPENDING SOLELY ON OUT OF TOWN INTERESTS. I ! ANY PROGRAM THAT RELIES ON VOLUNTEER INVESTMENT WILL EXPERIENCE 'UPS AND DOWNS". HOWEVER A SOURCE OF CASH FLOW TO SEE US THROUGH THESE "UPS AND DOWNS" WILL ENABLE US TO DO THE JOB WE HAVE BEEN HIRED TO D0. THE AMENDMENT OF THE CONTRACT BETWEEN THE CHAMBER AND THE CITY WILL HELP TO INSURE A REGULAR AND CONSTANT CASH FLAW. QUITE FRANKLY IS MOST DISTRACTING TO THE PROGRAM AND TO OUR STAFF TO WONDER IF WE WILL BE PAID. I IT IS HARD TO MEASURE A PROGRAM LIKE THIS WITHOUT STABLE F!.-4 \ING. T4AT IS "I. WE APE RE]UESTING AN AMENDMENT TO it rnrrs•a a rT ~ 'I 1 i ~r EXCERPT Public Utilities Board Minutes july 20, 19898 CONSIDER FORE ORDINANCE RAEGARDINGOFUNDINGM ASSISTANCE DEVELOPMENT 8. FRECEIVE UNDING A.ND UPDATE ECONOMIC DEVELOPMENT PROGRAM The information on current funding for the Economic Development asked for commen the Board. d with the Board. Holt office of the Chamber t and of commedirection rce from LaPorte expressed considerable concern regarding what he considered in the to be the misrepresentation economic Denton development. Chronicle stated Board's feelings regarding one not that the only insistence of the Board's has been a city. the whole load for economic development within the . Holt indicated that he thought the concern expressed at the meeting he not directed atowardttheasCityeand bthehPubliconU ilit eshBoard, but the comments were being directed toward the private sectorfundsppto nthis several of the organizations originally dedicating Holt's program have found it necessary to withdraw their support. At indicated a last report to the Board, the Chamber's financial report indicated e $400,000 commitment, with 185 000 of that firm. Since that time, the Chamber has had erosions of 27,000 through bankruptcy and two mayor o nts are not able to fund their shale. art 1 toexdoe what twas failure Chamber P on the Denton and there has been a inesses However, a promised. He stated that they did not go to bus in ask them to become a member of the initial funding group ether and an "Committee of 1001 being put tee. Roy Appleton additional on chairingOthis been received f this group. has about Holt advised that the Economic evelopment officethat the artlcle00n in firm collectible pledges. LaForte again noted that the community pap er left the d where ithis sinformat on hcame tfrom? wiHoltafelt its support. the author of the article must have drawn these conccovered.byHthe again indicated that the whole thrust of the meeting article and a ersa part. was that the private sector in Denton has failed to their Thompson commented that the City Council has the ultimate decision, f u ttit io4ldCouncithpeoplee of the Chamber people ought to be talking you LaFOrte asked what happens next from Holt's pint of view? ,"are you going to keep working and bring industry ins and ultimately going to be successful?" X0001001010111011, HIBITE: ~ i _Wk r . Excerpt Minutes Page 2 Holt stated he is working with a large industry now and he just came from a meeting with Texas Instruments this afternoon. He again reiterated that the Chamber is going to have to make a commitment. LaForte commented that if the Economic Development Office is doing the Job, and if they are not able to raise the two thirds as currently required in the ordinance, then perhaps the agreement will need to be adjusted. Chew stated that the dollars are not out there. Maybe the agreement could be adjusted to a 50/50 split for r awhile. Thompson again stated that he doesn't want the Board to say that, because that decision must be the City Council's. The Utility is only the source of funds. Laney asked if this program is underfunded overall? Holt advised the Economic Development Office has a very detailed strategic plan as well as some tactical improvements to the target plan. He displayed the marketing package for the Denton c that $7,500 was paid to the Savage Agency monithis rcommunit and advised He displayed for the Board several other promotional materialsrofile. , ads { costing $1,500 each using catchy slogans like the one for Japan (Our Sun Is Rising Too.1, etc., and reviewed the money that the Dallas International Marketing Department ($3,800) charges to advertise in Europe and the far east. Holt advised that additional funds dedicated would be used to pay the Director and a full time i Administrative Assistant. LaForte stated he wants a correction placed in the paper regarding the newspaper article. He advised Holt that the community at large does not know about the Public Utilities Board's support on this issue. Thompson commented that the Board has voted to spend a considerable amount to put in water and sewer lines to bring in an industrial park. Will this be of any value? Holt advised that at this time, vehicle access to the Airport is needed before they can get someone tn. Holt distributed a confidential for future location. Nelson reviewed the current sordinanceh withp the Board which states the City will furnish one-third and the Chamber f will furnish two-thirds of the money for this position. If this is to be changed, the ordinance will need to be revised. Nelson further stated that Staff would recommend that the Board recommend to the City Council that the ordinance be amended as i proposed on the revised information, such funds to be distributed to { the Chamber on October lst and April 1st with a City Council review of the program once each year. ; I I II I i r Excerpt Minutes Page 3 e - Laney so moved. Chew second. During further discusssion, Thompson stated he agreed with this; however, he felt that the Chamber has to make an effort to show the City there is some commitment to this concept. The Board extended their appreciation to Bill Holt for his update; again expressing their desire that the Denton Record Chronicle be advised of the correct position of the City on this issue. LaForte called for a vote on the motion before the Board. Al. ayes, no nays, motion carried. r i 1 i i I I i 4 j I l 1 i 645011:13-15 1 I ~J y , 11 a y I 44 I~ I i 1 I II l r I I Will 1 ill 111111 i s DATE: August 15, 1989 ' d a CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager JJ SUBJECT: Receive a report on the status of Keep America Beautiful certification 1 and goals of Beautification Committee. REC%t,NNDATION: The Beautification Comnittee recommends continuing the certification process and establishing October as Clean Denton Month. SUt4wY: E In order for Denton to became a certified city in the KAB system, several tasks must be completed. To date, we have completed a Lit- ter/Solid Waste Survey, designated a Coordinator for the program, established committees, and held the first Board of Directors meeting. The Board of Directors includes all continuing members of the Beautification Task Force and the Co-chalrs of the seven committees. The major task still in progress is the photometric Index which measures litter accumulation in the City and provides a base to measure the change in litter eccumulatlon. We are currently selecting a 2.5 square mile area that is representative of the entire comrrun ity, This area will be selected based on the citywide land use distribution of Denton. Later this month, the Conmlttee will take 100 slides of streets, vacant lots, parking lots, loading docks and storage areas within the 2.5 mile area. The sil,es will be projected on a grid system and litter within each grld will be counted to determine our photometric Index. Upon completlon of this project, we will request a certification meeting by KAB to be held in Denton. We hope that this meeting will be during October as part of the publiclty for Clean Denton Month. A copy of the goals for each committee In preparation for October Is attached. BACKGROUND: In 1988, the City Council authorized the submittal of an appllcatlon for certified city status In KAB, This action was completed and Denton is currently a pre-certified city. 1STAR89181/1 f V 1 V 3. CITY COUI•ICIL REPORT FORMAT August 15, 1989 Page 2 PROGRAM S DEPARTMENTS O~R_ RO~pS AFFECTED: Citizens of Denton. FISCA_ L1CT: Clean up projects and Iltter awareness programs should reduce costs for City to perform these tasks. r-~ Respectf ly submitted, L1oy V. Harrell City Manager Prepared by: III ~A Cecile parson - Adminlstrative Analyst I j i ! Approved by: II aI glAngello al Director or Cnmxunlty Services i Attachment 1 I i i I f 1ST/1R89181/2 1 y GOALS FOR AUGUST/ SEPTEMBER 1. BUSINESS AND INDUSTRY u Establish group to select business yard of month. It Identify buslnesses to contact about internal recycling and business clean-up. Target businesses to contact about October Clean Month (Friday Clean-up). Identify sponsors for October Clean Month. / 2. COMMUNICATIONS k _ Prepare public service announcements - Don't Mess w/Texas or Local. f Continue the Good, the Bad, the Ugly. ' Promote KAB and Denton whenever possible. Publicize date of Clean-up. u Publicize October Clean Month. ' I 3. COMMUNITY ORGANIZATION " Identify civic, church and fraternal organizations in town. i V Organize schedule to have a speaker at their meetings from now through October. 1 4. EDUCATION Contact DISD about "Waste in Place" and "Spread the Word/Not the II Waste." Organize Litter Patrol at each school. 30 Establish contests for October (poster, essays, skits). Encourage Adopt-a-Spot and Adopt-a-Street program for organiza- tions in Jr. High and High School. 1ST/1R89179/1 W --or low I Y I1 r I GOALS FOR AUGUST/SEPTEMBER Page 2 5. FINANCE/FUNDRA.ISING Identify sponsors for October Clean Month. Consider fundralsing event in conjunction with October Clean Month. N Contact sponsors for trash receptacles. 'a Contact sponsors for litter bags. ' h i b. MUNICIPAL OPERATIONS f Review ordinances provided by staff. I Identify neighborhood contacts wfio will act as liaison to code enforcement officers. , ' Identify types of recycling to expand program, Identify locations for expanding program. I 7. SPECIAL PROJECTS Outline program for clean-up month. Identify Ideas for n ei hborFK / 9 god clean-up corrpetltlon. Plan action for clean-up day. 70 Organize litter bag distributioi. i i ISTlIR89179/2 +