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AGENDA
CITY OF DENTON CITY COUNCIL
April 17, 1990
Work Session of the City of Denton City Council on Tuesday,
April 17, 1990, at 5:15 p.m. in the Civil Defense Room of City
Hall, 215 E, McKinney, Denton, Texas at which the following
items will be considered:
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
:cad Regular Meeting,
5:15 p.m.
1. Executive session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
f V.A.T.S.
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1. Consider action in In Qq; Flow
B. Real Estate Under sec. 2(f), Art. 6252-17
V.A.T.S.
s C. Personnel/Board Appointments Under Sec. 2(g),
Act 6252-17 V.A.T.S.
2. Hold a discussion regarding the proposed sexually
f oriented business ordinance.
3. Hold a discussion regarding results of PY1990-91 C.lty E
I Council Budget Priorities Questionnaire. !
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4. Hold a discussion regarding PY1990-91 budget requests
from the tIUnlclpal Judge and City Attorney.
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5. Receive comments Ecos City Council regarding the
proposed Denton policy statement for tax abatement,
Regular Meeting of the City lee the Council on
Chambers of Tuesday, City
April 17, 1990, at 7:00 p. m. a
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
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7:00 p.m.
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1. Consider approval of a resolution of appreciation for
( Edmond Dawson.
2. Receive a citixon report from John Hawley regarding a
reoccurring encroachment by the City on a vacant lot
located on Paisley Street.
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City of Denton City Council Agenda
a April 17, 1990
Page 2
3. Receive a citizen report from Robert Powell regarding
the pov,itive economic impact of the Fry Street Fair
and Renaissance Festival on the economy of the City of
Denton and the Fry Street Business District. J
4. Receive a citizen report from Joe Dodd regarding !I
F3 pornography and child protection and items not
a-'dressed in the proposed sexually oriented business
ordinance.
1 S. Receive a citizen report from Jerrv Shoop regarding an
alternate site for the proposed v+ca: treatment plant
on Hartlee Field Road.
6. Public Hearings
A. Hold a public hearing regarding the establishment
of Denton Enterprise zones.
7, Consent Agenda
Each of these items is recommended by the Staff and i
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the ;
City Manager or his designee to implement each item in
accordance with the Staff recommendations. J
{ Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the j
agenda. Detailed back-up information is attached to the
ordinances (Agenda items $.A, 8.B). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance.
A. Bids and Purchase orders:
1. Bid #1089 - Wire, Cable s Connections
2. Bid 01092 - Pickup & Trucks
3. Bid #1081 - Side Loading Refuse Truck j
4. Bid #1080 - Concrete Work - Malone Street
5. RFP #1003 - Telecommunications Systems
B. Tax Refunds
1. Consider approval of a tax refund for John
F. Hohman/American Airlines Credit union
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City of Denton City Council Agenda
April 17, 1990
Page 3
Ordinances
8,
A. competitive Consider adoption of an ordinance accepting
contracts for the purchase of materials,
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#1089@e7tA.2 u_ Bid #10928e7.Ac3. - Bid #1081) Bid
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B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works of improvements.
(7.A,4. - Bid #1080)
C. Consider adoption of an ordinance authorizing the
execution of change to between
the City of Denton and GTE; and providing an
increase in the contract price. (7.A,5. - RFP
#1003)
D. Consider adoption of an ordinance authorizing the
City Manager to execute a supplemental agreement
between the City of Denton, Texas and Alan
Plummet services; and authorizing the expenditure of
funds therefor.
B. Consider adoption of an ordinance Bf the City of
Denton, Texas, amending Appendix
the Code of ordinances by adding a new Article
28C defining and regulating the location of
sexually oriented businesses; providing
additional regulations for escort agencies, nude
model studios, adult motels, adult theaters, and
adult motion picture theaters; providing
regulations for the display of sexually explicit
1 material to minors; amending t schedule of use
to prohibit sexually oriented businesses
in the
certain districts; providing for a penalty
maximum amount of $2,000.00 for violations of
location requirements; providing for a penalty in
the maximum amount of $500.00 foraeall raboitlhiety
for a violations, and providing
clause.
F. Consider adoption of an ordinance altering speed
zones on Donnie Brac Street from Scripture Street
to U. S. Highway 77 for a distance of 2.5 miles;
providing for a penalty of a fine no'. exceeding
two hundred dollars ($200.00); and providing a i
severability clause. (The Citizen Traffic Safety
support commission recommends approval.)
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City of Denton City Council Agenda
April 17, 1990
Page 4
0. Consider adoption of an ordinance prohibiting
parking of vehicles on both sides of bonnie Brae
Street, from old Bonnie Brae Street (at McKenna
Park) to U.S. Highway 77. (The Citizen Traffic
Safety Support Commission recommends approval.)
rt8 9. Resolutions
f A. Consider approval of a resolution temporarily
! closing Congress Street between Alice Street and
Denton Street on Friday, May 4, 1990,
10. Consider a "Letter of Intent" regarding Hartlee Field
Water Storage Reservoir from the Public Utilities
Board. i
11. Miscellaneous matters from the City Manager. y
12, official Action on Executive Session Items:
A. Legal Matters }
B. Real Estate
C. Personnel
D. Board Appointments
13. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
14. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Act. 6252-17
V.A.T.S.
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C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.B.
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT
IS LEGALLY PERMISSIBLE.
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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 1990 at o'clock
(a.m.) (p.a.)
j V
w CITY SECRETARY
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I14TE: 04/17/90
CITY COUNCIL REPORT FORMAT
TO. Mayor an.i Members of the City Council 5
FROM: Lloyd V. Harrell, City Manager
SUWfiCr: CONSIDER A SEXUALLY ORIENTED BUSINVJS URDINANCE.
REC~L)ATIpN:
The Planning .and Zoning Commission recommended adoption of an
ordinance (G-0).
Staff recommends:
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1. That licensing of sexually oriented business owner or operator
not be added.
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I BASIS:
a. All the standards that would protect the community from
adverse secondary effects may still be imposed. Failure
to comply would be enforced at building permit plan
I review, during building inspection by complaint in
i Municipal Court, or by injunction In state court.
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b. There is a tendency to regulate people rather than land
I use with licensing.
C. Eliminating the license provision is the most efficient
and cost effective mechanism to avoid unconstitutional {
I prior restraints of first amendment rights. j I
2. That simulated sex acts not be further defined.
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BASIS: This is the language found in most of the recent
litigated ordinances and in the state's penal code. One
dictionary defines "simulate" as (1) to have or take on the
appearance form, or sound of; initiate; (2) to make a pretense
of; feign.
3. The city attorney office's memo concerning video stores' and t
bookstores' materials is provided under separate cover. Rather
' than excepting G through R films, the city attorney suggests
that materials counted toward determining a business' status
must be further defined as being characterized by or have as a
predominant theme specified sexual activity. This new
definition has been Incorporated into the ordinance in you
packet.
SUMMARY :
The Planning and Zoning Commission and Cowicil have reviewed the
secondary effects of sexually oriented businesses based on
documented experiences of other cities and concluded that certain
regulatory provisions are necessary to protect the health, safety
and general welfare of the citizens of Denton.
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A summary of the Council's findings about the secondary effects of
a sexually oriented businesses and proposed ordinance provisions ace
attached (see Attachment 1).
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i BACKGROUNDs
February 1989 to February 19904 Planning and Zoning Commission and
Council take testimony concerning sexually oriented businesses and
` find that there are adverse secondary effects which require new
E Legislation to mitigate.
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April 30 19901 Council held a public hearing, adapts findings, and
considers P W r recommended ordinance, j
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Council raises questions abouti i
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11 the definition of simulated sexual activity.
2) excluding G through R rated films from material in video stores
which might create an adverse secondary effect.
3) licensing.
RROGRAMSs DRPARTM NTS Q R GROUPS APPECTEW ,
Potential sexually oriented businessesr Code Enforcement, Building i
inspections Division, existing development within Denton.
FISCAL UACTt
N/A
Rea full u ad1
Pr ared by 11001 V. Harrell
City Manager
01 ra 8. R bbi a ACIP
ExecutiVe Director
Planning and Development
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ATTACHMENT 1
A SUMMARY REPORT OF THE FINDINGS AND RECOMMENDATIONS
Findings Ordinance Provision
There are different types of Defines sexually oriented
businesses which offer varying businesses by the materials
types of sexually oriented they sell or the services
materials, activities and/or they pprovide (Sec. 28C-2,
services that have secondary 28C-1
effects on surrounding land
uses and the community.
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Sexually oriented businesses Prohibit sexually oriented
located in proximity to rest- businesses within 1000 ft,
dential uses have been shown of a residential district
to cause a reduction in property or lot devoted to resi-
values and adversely affected the dential use (Sec, 28C-S).
stability of neighborhoods.
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3. The incidence of street crimes, Prohibit sexually oriented
prostitution arrest and sale of businesses within 1000 ft.
narcotics are higher in and near of a church, a school or
sexually oriented businesses public park (Sec. 28C-5).
which adversely affects the use
of churches, schools and parks
by the general public.
4. The concentration of sexually Prohibit sexually oriented
oriented businesses causes cumula- businesses within 1000 ft.
tive secon,laey effects on sur- of another sexually oriented
rounding properties, Concen- business. (Sec. 28C-5).
tration also causes reduction of
rental values and annual incomes
of other businesses located near- 1
by because those other businesses 1
are unable to attract sufficient 1
customers.
S. Neighborhood service districts Prohibit sexually oriented
I are intended to serve nearby businesses in the neighbor-
residential districts with hood service districts
essential goods and services. (Sec. 2SC-12).
Sexually oriented businesses would
be incompatible with the types of
businesses permitted in those
districts,
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! Summary Report of the Findings
Page 2
6. Sexually oriented businesses have Prohibit persons under the
been associated with higher inci- age of 18 years from being
dance of drug use, prostitution employed by an escort agency
and criminal activities. The or nude model studio or
city has a legitimate interest appearing in a state of
in insuring that person of young nudity in a nude model
age are not employed in such studio or adult theatre.
places. (Sec. 28C-6, 28C-7, 28C-8.
7. Adult theatres containing Requires that every area of j
private viewing rooms or adult theatres containing
darkened areas are often used for viewing rooms of less than
for drug use, prostitution and 150 sq. ft. of floor aroa
other illegal activities. be viewed by a manager's 1
Illegal sexual conduct encourages station and that all areas
the spread of sexually transmitted accessible to the public be
diseases. adequately illuminated.
(Sec. 28C-10).
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t' Clry of D&NrON / 215 E, McKinney / Denton, Texas 78201
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MEMORANDUM
DATE: April 11, 1990 a
T0; The Honorable Mayor and Members of the City Council
FROM; Lloyd V. Hari-ell, City Manager
SUBJECT; CITY COUNCIL BUDGET PRIORITIES QUES'rIONNAIKE - SURVEY RESULTS
Your input regarding budget priorities for 1990.91 has
and is scheduled for discussion, been compiled
for your review, Results have been asorted d frattahed omchighestyrto rlowest
ranking by service area first, then all items have further been
grouped together into one ranking,
Any additional items for discussion are welcome, Please contact me if
I can include your suggestions on our agenda.
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Attachment
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i } CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 366.8200
MEMORANDUM
DATEt April 11, 1990
TOi Lloyd V. Harrell, City Manager
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FROM, Mark McDaniel, Budget Analyst i
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THROUGH; John F. McGrane, Executive Director for Finance
SUBJECT: SURVEY RESULTS - CITY COUNCIL BUDGET PRIORITIES
QUESTIONNAIRE (FY 1990-91)
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Please find attached for your review the tabulated results of
j the City Council Budget Priorities Questionnaire for PY 199U-91.
j
The first two (2) pages represent a sort of results by service
area, while the remaining pages illustrate a sort of all items
listed (from highest to lowest).
These resulta are scheduled for discussion during the work
s session of the April 17, 1990, Council meeting. Pleaso advise
if you or Council desire to have any other items listed for
discussion at s++id work session,
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SURVEY RESULTS OR
r~ CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE
d 1990-91 BUDGET
` SORT BY SERVICE AREA
~ (HXIN871~D LOH'ESrI
RATING VALUE
i~ No or~ 0
& AmArEcvRRw ra Vxr I
$UWANri4LLY MUM CURRENT Emwr 2
Racucs cvRRbrrr a"r 3
co"WUR CURR)M APPORr 4
WcwAla cvRRrwr EFFORT 5
suurANnArlY oKvA48E CURRENT a"Rr 6
ARr7ATONEW L"miT 7
C'VWV[.Ar7VR AVRRA08
SERVICE AREA RCORE WORE ]J1
PUBLIC SAFETY SERVICES
DRUa ARU%WUHPORCMfMT PROO"S 36 5.14
Cokmu►mw ORDNM POL1CRJo 34 4.66
CRRAR DiVWMATRNI 26 4.67
MWOMAL COURT 32 4,57
FU rRevt4+" 30 4.29
W&MUOiCY MEDICAL (AMi"CA) 29 4.14 j
XPURVE ?OR PUrURR PIKE STATIM 29 4.14
POLICS PAT*M 24 4.14
ME RUPPRERRAON OWHTOM 29 4.14
umosoRHCV FWAREDNSK W►A'r► 26 4.00
ANDAAL OUMOL 29 4.00 9
Sprlf CNMiNtAL HFALTH 27 3.66
PARKOK /}RAPP►C RNPORCRMANT 26 3.71
PUBLIC WORKS SERVICES_
{ RrRSW MAD"ANCOA WADI 33 4.71
mmasna+Pr►ucnD►+rnn4unDwa 32 4.i1 i
TRAFMC WHAWA'r10NnM24MRM0 31 4.43
sluff F*TMPM 30 4.29
AIRPORT DIMMO MMT 27 3.66 i
COMMUNITY DEVELOPMENT SERVICES
PORCUMMI 33 4.71
CODO HN
LOW A MOOSRAta INOOMi HOUW M 33 4.71
PUkJC rRAHRPORTATION 0PAN. m.) 33 4.71 i
MY RRAVS (PARKA, rAC. MGDLWS► 31 4.43
DAVNAPMWT RDOUL1Tp MmsokM Imoo 31 4.43
tAW RAMS C OMfR11HUMM HAHNM 31 4.13
NRAOHRORHOOD RERVICBO Q+1I'R. ErC.) 31 4.43
Rumvw Im"wTIMI 30 4.29
DOWNTOWN R 'LDBv WIN PT., ETC) 29 4.14
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SERVICE AREA MOAUTATIVE AVERAOe
PARKS ANT) LEISURE1LIBRARY SERVICES
NEW ATHMIC PWIDS 34 4.16
FAKKMA*nwANcs 32 4.$7
NEW PARKWARX EXPANSION 31 4.43
I Rwooa offmW raww" 31 4.43
LIMUY PROORAM 30 4.29
YOVM RECMEATIONra00RA 3 30 4.29
OaMOUT IM M MAWMMEV 29 4.14
LIDRARY WANSI N 29 4.14
NEW ATNLETIC PROOROAj 29 4.14
'rovnva=s;,w-s u avx-m
29 4,14
RBCRM710N Cmnu rROORAMs 28 4.00
aePmmtra wave. 24 4.00
AUDIO VOUAL aERVICOS 27 3.86
rnxCWMMAOITErTAWg 26 3.71 '
I
INTERNAL SERVICES -l
MANCWACCOUNTWOISUDoErRISKmmTr 29 4.14
PMMAL AUDIT/MANAOEMMY SERVXVj 29 4.14
[.ROAR 29 4.14
APPW"TVM ACTION
~ 21 1.00
mot.OYEBTRACIR107DEVMOM4 TT 28 4.00
RTPORMAT10WDATAPROMUIT0 Zd 4.00
f 0PMTION3 ANALYSM 28 4.00
PRaaONxE~ MDrRUmTr 26 3.71
UTILITY SERVICES
aecva aeO ErroRTa 34 4.86
Lrrra MOORAw 33 01 1
MW WASTLLWATM TR6A7MWf MANY 30 4.29
ST0MS1 DRAKWN n0aovg4DM 30 4.29
DRAaGOa DWRICr 29 4.14...
wATO Rroa tOS &ftvtM 24 4.14:
SDIJD wAM I MATT ATION 22 9.14
07HER 98RMIC89/1SSUES
rMPIAYM PAY K AX ADIUrrMENT RWMM 30 429
bTU ttr INCmrnvE ta+ER 29 4,14
UnnY aVCl nM RAT" 29 411
cOrMMVT"&ToMOcuLAO>INCmM 28 4.00
PUKX INFORMATION OPPICER 28 4.00
Mf AUTMMmm7, atc 21 4.00
NOTEUMOIELTAXCONTMIrrmg 27 3.86
OTHER trmaS U04TIOM:
&MM, loco[. wOtUrliM mA Inx ~ I+caEA+M CUMa>3ar UrFwT
MIM, SUPPORT OP CHAMMPA OFFICE KWUCE CURRMT EMORT
r PROPOSED AND RATED BY ONE (1) OF SEVEN (7) COUNCIL b1EMBERS.
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SURVEY RESULTS OF
CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE
r 1990-91 BUDGET
SORT ALL
(HS7NRfrRANR 7bLOTVrie'7)
RATING VALUE r
NO OPP" 0
&AIM TE CVRRW EFFORT I
SURrfANTIALLr REMCE CT/RRENr EFFORT 2 1
REDUCE Ct0tRJ Jr EPFORT 3
CONTv" CTlRREN'rsmAr 4
CI vKwfi dE CURAfiNT m-mRr 5
5VOSfANTU11 r MCMSE CURRENrEFTOR T 6
RM rE NEW EMORT 7
CUMMUUTTVE AVERAO6
SERVICE AREA $CORE won
DRUO ADUSHIMPORCEME7TPROGRAMS 36 s
COMM"Trr ORIENTED POUCwO 34 4.86
NEW ATEIBIIC MMS 34 4.86
RECYCT.INO EPPIATS 34 4.86
CODE ENPORCEMIM 33 4.71
I111'EA FROORAMS 33 `4,71.
I.OVY A MODERATE INCOME NOUSINO 33 4.71
PtWJC "Ill 1TATION (11PAN, VTC,) 33 4,71
ME" MAwrT@UNCEMBPAIR 33 4.71
CRDOiNVESTTOATIOH 28 4.67 '
MUMCIPAL COURT 32 4.57
rArutlt;►NIVAN02 32 4137
rrRmCONRTRWIlomimullmm 32 4.57
c71Y WAUT RA"* PAC, MEDw+s► M 4.43
oEVECOPMW RwUtAtW TREAMTJNM 31 4.43
LOO 1t4I106 CM018112hUTVE MAWINO 31 4.43
NEIONwmooo SeR"m "m ETC) 31 4.43
NOW PARWAAR WANOW 31, < 3
11000ACTTaE;, .Iowa 3I 4.43
TLUM AMAUFATIONAMINEARINO 31 4.43
JkTub a D WRCIVN 30 4.29 f
301.4Y88 PAY Purr ADFUS'TMENT WNW" 30 4.24 '
ME PREvwnoN 30 4.24
UKUY PROGRAMI 30 4.29
NEw WASTEWATER TREATMENT PLANT 30 4.29
IM M DIIAINA011 DQRGVEWENTIl 30 4.29
MEETSwrom 30 4.29
YOUTH 88CKMTTON "00100 30 4.29
DOWNTOWN REDEV pow SIT., VrC.► 29 4.14
DRAINA09 Dutwlct 29 4.14
EMMKM V MEDICAL (AMEULANCH) 29 4.14
MANCEIAOCOUNTIN eUilOWRIMMGWf 24 4.14
Pub SuPPReSSION OWRTNM 29 4.14
OpB141RELY SYSTEM PLANNINO7DEv 29 4.14
INTERNAL AUDrrUMAOEMWT SERVICTA 29 4.14
uloAr 29 4.14
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CUV04UTATIYH AYHR,WR
S! FIVICtI AREA ecm aooAH '
WIAARY EXPANSION 29 4.14
HW AIHLEM "OORAMS 29 4.14
POUCH PATROL 29 4.14
It ERVII POR WTM ME STATION 29 4.14
UTILITY INCWmE LNU 29 4.14
U ram 1Ncomvs XATRS 29 4.14
WATERIMORACLIM®tvHS 29 4.14
Yov rAcKnbRmr4 RBRVICEi! 29 4,14
APPRMATM AC" 28 4.00
AH&W.0ONTROL 28 4.00
OONTRUV MS TO eocuL AOINCMS 28 4.00
" mvwv FwARHm m uhf 2A 4.00 E
BWWYHH TRAINMIDEV"PUINT 28 4.00
1
b(PONAA"IDATA PROCESUNO 28 4.00
OMMATMI AHALYIX 28 4.00 i
PVKX RdPORMATW OnVO 28 4.00
RHCRBATM CWW PROGRAMS 28 4.00
19FEI011M URVt 28. 4.00.
TAX ARATIAfENT. RTC. 28 4.00
AMFM DRV=PMRrrr 27 3.66
tX RARY AUDIO YIWAL SERVICES 27 3.86
27 c 3.86
$WIROtrAINTALHULrR
HOTEUMOM TAX CONTRIRUCIONB 27 3.86
CWIC CW R MANTWO 0 26 : 3.71 „
PARID401TtAP17C04PORC9014T 26 3.71
Pow"HoL R)lCRUtawm 26 J.71
Roam WArM PRIVATV.ATM 22 3.14
OTXHR R'PJJS M@ITIONPD:
otm WmAL WORM POA IaIY ~ OaCRBARH CURRENT UNIT
OT HOL WPPORT OF CNAMBHR OPPICH REDUCE CURR@R mPORT
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• PROPOSED AND RA TED BY ONE (1) OF SEVEN (7) COtWClL MEMBERS.
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CITY olDEMTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS ?e401 / TELEPHONE (ell) 6ee•e30?
ON'-* of the Gry Meneeer
M E M O R A N D U M
Vvy/ TOt Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE: April 13, 1990
SUBJECT: Back-up for Agenda T,tem 1 4 - 5:15 p.m.
Back-up materials will be provided for you under separate cover.
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M_EM_SZ-R_9 N D U __M
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TD: Mayor and City Council Members
FROM: Betty McKean, Executive Director,
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Municipal Services/Economic Development
SUBJECT- Proposed Uonton Policy Statement on j
Tax Abatement
DATE: April 11, 1490
I~I
This attached information includes a copy of the abatement policy f
which has been developed by representatives of the City of Denton,
Denton Independent School District and Denton County which serve on
the Joint Task Force on Tax Abatement.
Due to the fact that a local tax abatement policy is required prior +
to the establishment of local enterprise zone incentives, this item
has been scheduled at the 5:15 workeession. The blic hearing
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enterprise zone incentives is scheduled at the 7 00 meeting. on
The City Manager and I will be available to respond to any
questions you may have regarding the proposed tax abatement o
or the enterprise zone program during the meeting, p 11cy
Betty McKean ---__y_
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` DRNTOR POLICY STATDQMT roR
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I. OANVFAL PURPOOR An OWICTIV98
The City of Denton (City), the Denton Independent School District i
(DI9D) and Denton County are committed to the promotion of high quality r
development in all pane of the city and to an ongoing Improvement In
j
the
quality of
i
life for its oitisens. Insofar as these objectives are i i
rsnerally served by the enhancement and expansion of the local eaonoW, If
f the City of Denton, DIED, and Denton County will, on a ones-by-cas 1{ II
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basis, give consideration to providing tax abatement as a stimulation
for economic development in Denton. It to the policy of the City and
DIBD that said consideration will be provided in accordance with the
procedures and criteria outlined in this document. Yothtng herein 1
/
shall imply or suggest that the City, DIBD or Denton County are under
any obligation to provide tax abatement to any appliaant. All
applicants shall be considered on a aw-by_oase basis.
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F
Tax indueemente, as described in this
i policy, will be considered for
i
i new, expanding and modernizing bests industries, corporate office i
headquarters and distribution centers.
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-77- T7-
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II. CRITtRIA
Any request
for a tax abatement
shall
be reviewed by the Joint
r►
Committee on Tax Abatement, laid Committee being oompkised of two
elected officials tram each of the taxing entities involved, One
additional staff persor• from each Jurisdiction shall be appointed to
serve as a nonvoting, ex offkoto member of the oommittee.
i
The Joint Co®Sttee on Tax Abatement server as a recommending body to
the taxing entities regarding whether economic development inoeativea
should be offered in each individual ease. Their recommendation shall
j I
be based upon an evaluation of the following criteria which *sob
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applicant will be requested to address in narrative tormati 1
I~ 1. History and Philosophy of the tirms
a) Nature of produots and geographic penetration.
b) financial statements tor 1
Atahever is shorter. past five years or life of firm
o) Chronology of pleat openings, closings, 6 relocations over par!
d) Record of mrrgers and financial restructuring during last tive
Yeats.
e) Record of employment and training provided for hae►dioapped and
' chronically unm*loyed.
1190"
(Rev. 09/19/90)
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2. Project Specifications
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a) Provide plat of project including all roadways, lead use and
xoning within 500 feet of sits. Legal description of site Is
required.
b) Is the project a relocation or now facility to expand
operations. It relocation, give current location.
o) Projeot investment in reel and personal property at the above
site for each of the next ten years.
t d) Project permanent employment for next ten years resulting from
ern the new investment. Indicate number of jobs that will be
filled by people from outside the metroplex. Include estimated
average annual salary on new jobs,
e) What is the total current payroll and the projected payroll
when roject is completed,
f) Describe employment training requirements including provisions
for training handicapped and chronically unemployed if
applicable.
g) Project utility (gas, electricity, water, eto.) usage for *sob
of next ten years.
h) Istimate the infrastructure (streets, satyr, water, *to.) f
requirements necessary to operate the new facility.
I
i) Retimate the annual operating budget for next ton years.
J) Will this occupants of the project be owner or lessees? It
lessees, are occupancy commitments already oxtstingt
k) Give the Rase, address, and telephone number of contact person.
I
3. The oomainity impact of the projects
a) Project the value of real and personal property that will be
added to the tax rolls. I
b) Doing ourreat rateo estimate the additional taxes that will be i{
direatly generated by the project without considering any
proposed abatement for each of the effected taxing entities for
each of the next ten years.
o) for each taxing entity indicate the amount of tax abatement
requested for each of next ten years. 1
d) Ratimats the increase in investment in other local businesses 1j
resulting from the project for the next ten years.
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(Rev. 02115/90)
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Rstlmste the increased housing needs in the area resulting from
the project for ten years. J
f) tetimat+ the Lnerease In the tax rolls for each taxing entity
f^r the next ten years, r
S) Istimate the infrastructure construction that would be required
because of the growth resulting indirectly from the project.
h) Provide the specific detail of any buslnessea/resldents that
will be displaced and assistance that will be available from
the requestlns entity,
t) tstimate the increase In students by
rect Lgr from
grade project Including the multiplier effect (i ndireng
th)
for the next ten years. Show the Lnerease for each Lt
school district.
ed
Provide description of any historically significant area
included within the project's area. It the historically significant area will be preserved, it of how
k) Provide Information of any detrimental affect on existing
businesses, reoreattonal areas, and residential area,
1) provide details of any benefit to an
area of !h
t e
argeled for revitalisation/redevelo community
pment. I
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9790N
(Rev. 02115/90)
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III. VALn OF INCiNTIVU
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' The criteria outlined in Section It will be used by the Joint Committee
{ on Tax Abatement in determining whether or not it Is' in the beat
j interests of the affected taxins entities to recommend that tax
abatement be offered to a particular facility. Specific considerations t
will include the degree to which the individual proSeot furthers the
s
1 goals and objectives of the community, as well as the relative impact
of the project. New, expanding and modernising businesses will be
e eliaible for abatement if the minimum thresholds, ae described below,
` are met. I~
r ! One* a determination has been made that a tax abatement should be j
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F offered, the value and term of the abatement will be determined by ~
t
referencing the following tables
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TAELI It gstablishes *"ism length of abatement according to assessed real
( property value of improvements and personas property.
1 lMAX IM M NAKIKUH j
VALUg ON RPUMM YNAPB 01 PBRClNT OP
IN K14LION ABATglM AIATt~N'!
100 10 2911
t 00 9 iSg I s
aS a 29~
90 7 4911
35 6 29%
20 9 29%
19 4 95%
10 3 29%
9 2 Z9~.
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(Nev. 02119/90) }
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If an existing business is located within the boundaries of the participating
;uriediotions and decides to expand or relocate within such boundaries, the
actual value of the structure shall be multiplied by 125% prior to utilising
( Table 1. It the expanding or relocating business is abandoning any property
or improvements within the jurisdictions, the value of this abandoned property
shall be subtracted from the new value figure prior to multiplying the value
by 125%.
The tax abatement shall not apply to any portion of the land value of the {
project.
Applicants agreeing to extend infrastructure improvements (streets and
utilities) to improve other ic.dw trial sites which can be marketed by the
Chamber of Commerce loonomio Development Director may be eligible for a J
greater tax benefit than those described above by utilising tax increment
financing procedures. The offering of such an inducement will be evaluated on i
a case-byoase basis dependent upon the applicant's ability to make available Ili
improved industrial sites. i
f J
trllimiaarn Aaslioation
}
IY. Pmo91DOM1.OOIDgLIMq
Any person, organisation or corporation desiring that the City or
0180 consider providing tax abatement to encourage location or
expansion of facilities within the limits of the jurisdictions shall {
be required to comply with the following procedural guidelines.
4740H
(llev. 09/19/40)
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Nothing within these guidelines shall imply or suggest that either the City,
or DISD, is under any obligation to provide tax abstownt to any applicant.
A. Applicant shall corplet• the attached "Application for T" Abateawnt." ?
B. Applicant shall address all criteria outlined in Section It above to
narrative fora.
0. Applicant shall prepare a map showing the
+ preole• location of the
j property and all roadways within 500 foot of the site.
0. It the property is described by motes and bounds, a complete local
description shall be provided.
1. Applicant shall complete all tom and information detailed In Item
A through D above and submit thee to the City Manager, City of
Denton, 215 No MoRinney, Denton, TX 76201.
w
AglliQatian Review Atens
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I. All information in the application package detailed above will be
rwiwed for complotmos and accuracy. Additional information may
be requested as needed.
4790"
(Mv. 02115/90)
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0• The application will be distributed to the a
departments for internal review and c appropriate City and DI9D
oaaents. Additional information
m6y be requested as needed,
R, Copies of the complete application pack
~ age and staff o
Provided to the Joint Corsltte• on Tax Abatement, omreats will be
~-~Rl1sLtLQY
I• The Joint Coamittee on Tax Abate"at will consider the appllortloa
at
a reiular or called meeting(s).
Additional intorrrtion rye be
requested as needed,
r J.
The recommendation of the joint Corrlrtq on Tax Abatement will be f
f fomMed, with all rele.-aat m►}erials to the chief
office of each taxi admlaistrallve
rV entity,
j x• Tn• City Council at Denton ray consider a resolution calling a public
i
hearing to consider •stablishswnt of a tax rsinvestmsat soar.
L' The oil? Couacll of Dsaton •
MY hold the public hearing and determin
whether the pr°Je0t is "feasible s
and practical and M►otd16 be of
benefit to the land to be inclu4ed to the sons and municipality,"
OPeolal consideration shall be given to
Development Plan when designating & p°llal~s noted to the Denton s
ng tax reinvestment tone,
dT90N j
(M'r• 09/19/90)
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i M. The City Council of Denton say consider adoption of an ordinance
designating the area Aescribed In the legal description of the
propooed project as a commerolal/induetriol tax abatement gone.
t
N. The City Council may consider adoption of a resolution approving the
terns and conditions of a contract between the City and the appliaent
i
governing the provision of the tax abatement and the commitments of
the applicant. Should the commitments subsequently not be satisfied,
the tax abatement shall be null and void, and all abated taxes Oall 1
be Immediately paid to the City of Denton and all other taxiag j
jurisdictions participating in the, tax abatement agreement. {
Provisions to this effect shall be incorporated into the agreement.
0. The governing bodies of the various taxing entities may consider
' ratification of and participation in the tax abatement agreement
I between the City of Denton and the applicant.
I
1 Any tax abatement agreement will address various issues, inoluding, but not
r Iinited'to, the folloviagi
1. Oeneral description of the project!
r I .
2. Amount of the tax abatement and percent of value to be abated esob
year ! I
47909
Mv. 02115/90? {
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3. Method Of Calculating the value of the abstnrat;
1. Duration of the abatement, including cotmncement date and
termination date;
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S. Legal description of the property;
1
6. Kind, number, location and timetable of planned improvements
f~
7. Specific terms and conditions to be met by applicant;
6. The proposed use of the facility and nature of aonstruation;
9. Contractual obligations in the event of default, violation of tome
or Conditions, delinquent taxes, recapture, administration and
assignment.
evaluation
1
Upon oftplottoa of construction, the Joint Comitt" on Tax Abatement shall
j annually evaluate each facility receiving abatement to insure complianoe with
the aamma t and report possible violations of the agreement to the taxing
entities.
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1790M
(Rev. 01/16190)
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A contract for tax abatement may be transferred or assigned by the original
applicant to a new owner upon the approval at the various taxing 'Jurisdictions
I after recommendation from the joint tax abatement committee.
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` j 1790N
(Aar. 02/15/90)
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F~: r CITY
1 COUNCIL
111FIFT
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Edmond Dawson
WHEREAS, the City of Denton is aaddened to learn of the /
retirement of Edmond Dawson after 20 years of loyal
and dedicated service to his community[ and
WHEREAS, during him tenure as a foreman in Electric Diatrlbu-
tion for the City of Denton, Edmond Dawson has demon- 1
j strated a consistently helpful, considerate, coopparm-
tive, and understanding demeanor towards the Ott son*
of our community, which epitomizes the City's 'Dedi-
cation to Quality Servlce'r and
E WHEREAS, Edmond Dawson ham steadfastly devoted himself to {
f maintaining the highest ethical and professional
standards, as reflected not only in his own work, but
in the work of those colleagues who veto influenced
by the outstanding example he set for them on a daily
basial and
WHEREAS, EJmond Dawson has consistently demonstrated the kind
of dynamic leadership and unselfish service to his
community which has helped firmly establish the City
of Denton as the upper vortex of the 'Golden
Triangle'[ and
E WHEREAS, those of us who were influenced by his leadership, i
will continue to miss him greatly, and will enJeavor
to live by his fine examplsr
NOW# THEREFORE, BE IT RESOLVED BY THE COUNCIL Of THE CITY OF
DENTON:
That the sincere and warm appreciation of the City Council be
formally conveyed to Edmond Dawson in a permanent manner by
spreading this Resolution upon the official minutes of the City
council and forwarding to him a true dopy hereof.
PASSED AND APPROVED this day of , 19
MAYOR
RAY 819PHINSO V
i
4 ATTEST!
JENNIFER WALTER$# CITY SECAETAAY
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CITY
COUNCIL
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CITY of DrTNTON, TLXA! 215 E. MCKlNNEY/ OENTON, TEXAS 78207 /TELEPHONE (817)68x9200
1
( 1•t_L-M-03-A_N_.i A-M i
70: Mayor and City Council Members
I
FROM: Betty McKean, Executive Director,
Municipal Services/Economic Development
SUBJECT: Public Hearing to Establish 1
Denton Enterprise Zones
DATE: April 11, 1990
The attached items have been presented to the City Council during
previous briefings and summarize the major issues surrounding the ~
establishment of local enterprise zones.
,l
i o Question 3 Answerer, on the State Enterprise Zone Program
,
0 Map and narrative description of the proposed Denton
enterpriso zones
o Proposed incentives for local enterprise zones
0 Diagram - Hierarchy of Proposed Incentives for Denton
;i 0 Timetable for Creation, Local Adoption and State Designation
of Denton Enterprise Zones
f Frank Robbins and 1 will be available to answer any further
questione you may have regarding the state enterprise zone program
during the public hyaring.
Betty McKean, xecutive Director,
Murici'pal Services/Economic Development ;
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QUESTION AND ANSWER BRIEFING ON
ENTERpnrss ZONES
zone?
kAt An enterprise zone is a special district including an are
at least t sve quoa}relmile and no more than 10 square miles in
size exclusi area of
akes, drainage areas or other non-buildable
land.
What i9 s ha ouroose of an en srorise =one?
l To encourage local economic development by "packaging"
incentive programs which pay, be offered to a new or existing
business in a designated area. Another primary purpose of an
enterprise zone is to provide relief to economically
disadvantaged areas and expanded opportunities to economically
disaadvantaged persons.
-~-~fiea Of 8 _CiLY enternr~.~ i
Enterprise zones sere rim
are created to p er11y as marketing toots. Zones
incentives "position" local governments to apply
quickly and fairly in a well-planned manner for
economic development purposes.
How do enterprise z~s ,serve to nromota 1oc~?
,~wlooman ~ - _ _
Enterprise zones serve several
economic growth. First, as a planningstoolo enterprise zlocal
ones
l designate boundaries for economic expansion and also identify
th* community's major employment bases to provide a source of
labor for business and industry in the are,. The object in
creating a zone is to link economically disadvantaged areas
which provide an available labor force with areas which are
targeted t.r new and expanding buslneis. Than special
incentives are applied to encourage further growth.
Secondly, enterprise zones
certain financial incentives rovThis Ise cmechansm
compliishedobyfthe
fact that specially created tones including reinvestment zones
(required for tax abatement) and tax increment financing tones
(required to rebate local sales taxes as an incentive to
businesses) are incorporated within and considered part of a
designated enterprise zone.
j
4/11/90
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Question and Answer Briefing
on Enterprise Zones
March 14, 1990
Page 2
in addition, enterprise zones provide for special state
incentives and grants otherwise unavailable to new industry.
Lastly, enterprise zones act as marketing device for local
governments to respond to economic development prospects.
What is the cost a city to create an enterprise zone?
There are no direct costs involved in the creation of a local
enterprise zone.
may be offered within an enterprise zone?
What woes of incentives
The majority of incentives which may be offered through
enterprise zones are provided on a local option basis. In
other words, the program focuses on the go&ion to offer local
incentives such as abatement of local property taxes to
businesses within a zone. According to the Texas Department
of Commerce the two most significant incentives which may be
offered within a zone are property tax abatement and state and
{ local tax rebates.
i
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How do cities gualifv for an enterprise zone designation?
Cities who wish to create a state recognized enterprise zone 1
must most certain criteria which is covered in the governing 1
legislation for the designation of enterprise zones. This
criteria is described in Attachment IV., Enterprise Zone (EZ)
Identification Process. i
What is the process to establish -A state enterprise zone? }
i
The Texas Department of Commerce has developed a formal
process for state approval of enterprise zones. This process
is presented in Attachment V., State Enterprise Lone Timaline
i Analysis.
What is an enterprise pro.iact?
A business or industry within an existing enterprise zone may
qualify to be designated by the Texas Department of Commerce
as an enterprise project. In order to qualify and maintain
the designation as are enterprise project, a business or
industry within the zone must meet certain guidelines and
regulations governing the program. One of these regulations
includes a hiring quota which requires a business or industry
to employ 25% of all newly hired employees from within the
boundaries of the existing enterprise projects within o city.
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Question and Answer Briefing
1 on Enterprise Zones
March 14, 1990
Page 3
Only two businesses or industries may apply for the enterprise
project designation during the state's fiscal year from
September to August. The enterprise project designation
process is outlined in Attachment VI., Enterprise Project
Application Process. As an enterprise project a business is
eligible for additional incentives under the enterprise
program.
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I INTERSTATE 35
~ y FM, 164
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CITY LWIT#
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ZONE ZOI E 2 < a.`
INTERSTATE 35 T-
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OZONE 1
9.86 6q. M1. 1~
11
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8.64 6q. N
~Wmwwmm two
</11/40
3
Mme' ~ III ,
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NOTICE OF POALIC HEARING
Public notice is hereby given that the City Council of the City
of Denton, Texas will hold a public hearing to allow interested
persons to speak and present evidence for or against the
e.atablishment of a Reinvestment Zone and an Enterprise Zone.
The purpose of the zone is to attract industry to the City of
Denton for the purpose of creating jobs and expand the local tax
base.
All interested parties including residents of the proposed zone
are encouraged to present their views at the hearing.
The general description of the area of the Enterprise Zone is as
follows:
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being more
particularly described as follows:
BEGINNING at the point of intersection of the baseline of
Interstate Highway IH-35 with the north line of the A. White
Survey A-1406, Denton County Texasl
THENCE in an Easterly direction with the north line of said
White Survey to the center line of Bonnie Bra! street;
THENCE in a southerly direction with the center line of
Bonnie Brae street approximately 1800' to a point for a corners
THENCE in an easterly direction to the east boundary line of the
J. Collard survey A-297 Denton County, Texas)
THENCE in a southerly direction with the east boundary line of
said Collard Survey to the center line of State Highway 771
THENCE in a southeasterly direction with the center line of
Highway 77 and in a southerly direction with the center line of
North Elm street to the center line of Congress Avenue;
i
THENCE in a westerly direction with the center line of
Congress Avenue to the center line of Carroll Boulevard;
i THENCE in a southerly direction with the center line of
Carroll Boulevard to the center line of West Hickory street;
WHENCE in a westerly direction with the center line of
West Hickory street to the center line of Bernard street)
i
1 THENCE in a southerly direction with the center line of Bernard
street to the center line of Collins street;
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/11/90
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,.:.r. Notice of Public Hearing
Page 2
THENCE in an easterly direction with the center line of Collins
street to the center line of Carroll Boulevards
THENCE in a southerly direction with the center line of
Carroll Boulevard and also with the center line of Fort Worth
Drive to the baseline of Interstate Highway I-35E;
THENCE in a southeasterly direction with the baseline of IH-35E
to the center line of Dallas Drive;
acc9~ THENCE in a northwesterly direction with the center line of
7allas Drive to the center line of Shady Oaks Drivel
THENCE in a northeasterly direction with the center line of
Shady Oaks Drive to the center line of the M.K. & T. Railroad;
THENCE in a southeasterly direction with the center line of the
M.K. 6 T. Railroad to the center line of Mayhill Road;
A map depicting this tract is available at the City Planning I
Department, City of Denton at 215 E. McKinney, Denton, Texas I
76201.
The public hearing will be held on April 170 1990 at 7:00 p.m. in
the City Council chambers in City Hall at 215 East McKinney
1 Denton, Texas 76201. 11
City Office of
Economic Development 1
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36199
rs
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NOTICE OF PUBLIC HEARING
Public notice is hereby given that the City Council of the City
k of Denton, Texas will bold a public hearing to allow interested
persons to speak and present evidence for or against the
I # establishment of a Reinvestment Zone and an Enterprise Zone.
The purpose of the zone is to attract industry to the City of
Denton for the purpose of creating jobs and expand the local
tax base.
All interested parties including residents of the proposed zone
are encouraged to present their views at the hearing.
j The general description of the area of the 3nterprise Zone is
as follows:
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being more
particularly described as follows:
BEGINNING at the intersection of the center line of Jim Christai
Road with the center line of North Hickory Creeks
THENCE in an easterly direction with the center line of
Jim Christal road to the center line of the Dry Fork of
Hickory Creeks
i '
THENCE with the meander of the Dry Fork of Hickory Creek to the
intersection with a stream from the northeast (Stream DF-2 on
FIRM mape)s
j THENCE in a northeasterly direction with Stream DF-2 to the
center line of Jim Christai roads
THENCE in an easterly direction with the center line of
Jim Chriatal Road and crossing the center line of
Interstate Highway IH-35 and continuing with the center line of
Scripture street to a point in the center line of Ponder streets
THENCE in a northeasterly direction with the center line of
Ponder street to a point in the center line of Congress streets
THENCE in an easterly direction with the center line of Congress
# street to a point in the center line of Carroll Boulevatds
THENCE in a southerly direction with the center line of
Carroll Boulevard to a point in the center line of West Hickory
streets
1
THENCE in a westerly direction with the center line of
West Hickory street to a point in the center line of Bernard
streets
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Notice of Public Hearing
Page 2
C
THENCE in a southerly direction with the center line of Bernard
street to a point in the center line of Eagle Driver
THENCE in a westerly direction with the center line of Eagle
Drive to a point in the center line of Avenue E;
THENCE in a northerly direction with the center line of Avenue E
to a point where the eastward extension of the south boundary
line of the Owsley Addition intersects the center line of
Avenue E;
THENCE in a westerly direction with the south boundary line of
the Owsley Addition to the center line of Bonnie Brae street;
THENCE in a northerly direction with the center line of
Bonnie Brae street to a point in the center line of West Prairie
streets
I
THENCE in a westerly direction with the center line of
West Prairie street to a point in the baseline of
Interstate Highwel I35W;
THENCE in a southerly direction with the baseline of I35W to a
point in the center of Hickory Creek;
THENCE in an easterly and southerly direction with the meanders
of Hickory Creek to a point in the center line of the Union
Pacific Railroads
THENCE in a southwesterly direction with the center line of the
union Pacific Railroad to a point in the north line of the
H. Hagood Survey A-517 Denton County, Texas}
THENCE in a westerly direction with the north line of said
Hagood Survey to its most northerly northwest corners
THENCE in a southerly direction with a westerly line of said
Hagood Survey to a re-entrant corner of said surveys
THENCE in a westerly direction with the center of Johnson Lane
and continuing in a westerly direction to the baseline of IH-35Ws
THENCE in a southwesterly direction with the baseline of 19-35W a
distance of 2000' to a point for a corners
THENCE in a northwesterly and a right angle to the previous
course 1750' to a point for a corners
I
THENCE in a northeasterly direction parallel with and 1750'
northwesterly from the baseline of IH-35W a distance of 2200' to
a point for a corners 1
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Notice of Public Hearing
Page 3
THENCE in a southeasterly direction with a 900 degree deflection
j to the right 1100' to a point for a corner;
THENCE in a northeasterly direction parallel with the baseline of
IH-35W a distance of 2600' to a point for a corner;
THENCE in a northwesterly direction 1100' to a point for a corner;
I
j THENCE in a northeasterly direction parallel with the baseline of
IH-35W to the center line of John Paine road;
THENCE in a northerly direction with the center line of
John Paine Road to the center line of FM Highway 2449;
THENCE in an easterly direction and a northerly direction with
the center line of FM 2449 and also the center line of
Underwood Road to the center line of Hickory Creek;
THENCE in a northwesterly direction and up the meanders of
Hickory Creek to the POINT OF BEGINNING.
A map depicting this tract is available at the City Planning
Department, City of Denton at 215 E. McKinney, Denton, Texas
76201.
The public hearing will be held on April 17, 1990 at 7:00 p.m. in
the City Council chambers in City Hall at 215 East McKinney
Denton, Texas 76201.
City Office of
economic Development
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HIERARCHY OF INCENTIVES FOR
EN I ERPRMSE ZONE PROGRAM
I
Tier IV
Enterprise Mundt up to $260,W0 Plyr
ft*ts $125 Irmo U"
tate Incentives/ s" 1~x kwomm ;
Tier I Small Business up to ss,ooo plyr
I r I
I
I
k 1
Tier Businesses within the Zone ~ Dwomm PAN
trot AboWn»m
must meet Special Criteria s
14in0OHMS
Every Business within the Zone
Tiff I Oualifies for Incentives
is k low-ft
"ampw
4b meow 14>NOITax i
4/11/90 -C&*dzed rq/PK11 S no
I
1
14 i
~.Ran• ilW~
I!F arc 4
' R
E r
I j
Proposed Sheduls for Creation, Local Adoption and
State Designation of Enterprise Zones
for the CitY of Denton
Date: Event/Activity:
2/27 In-Houa* Economic Development Committee discusses
enterprise zone legislation,
3/01 City officials review enterprise zone legislation
and request census tract information from the Texas
Employment Commission required for the state
enterprize zone designation.
3/06 City staff receives census tract information
including employment, poverty and income data from
the Texas Employment Commission (90 day time period
for approval of the zone begins).
3/07 City Staff and Chamber officials meat with
roprasentatives of the Texas Department of Commerce
to review requirements of the state enterprise zone
program,
3/20 Staff presentation to City Council on the state
enterprise zone program,
3/90 to TDOC Council anmouncemento public notice and notice
create enterprise zones in the City of Denton,
4/12 Joint public hearing with Denton Independent School
District, Denton County and the City of Denton Tax
Abatement Committee for adoption of community tax
abatement policy.
! 4/17 City Council Public Hearing to establish and
1 enterprise zones in Denton.
3/01 Second rt,ading and adoption of city tax abatement
policy and ordinance to establish Denton enterprise
:ones. .
4/11/90
i
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6/04 Complete revisions to city tax abatement policy and
enterprise zone ordinances. Submit enterprise zone
applications to TOOC.
6/18 TDOC completes initial review of Denton enterprise
zone applications.
6/22 Complete revisions to enterprise zone applications
based on feedback from TDOC review and final review
of Denton enterprise zone application.
6/31 TOOL completes final review of Denton application
and grants state designation of Denton enterprise
zones.
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-CITY
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
s FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to John F. Hohman/American Airlines
6 Credit Union
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, whit`: the Tax Technician
recommends.
SUMMARY: g
Chapter 31.11 of the Texas Property Tax Code requires the approval of k
the governing body of the taxing unit for refunds in excess of $ 500.00.
American Airlines Credit Union has requested a refund in the amount of }
gg 860.41 due to duplicate payments on Account $ 7193-00400.
6ACKGROM :
Two payments of $ 860.41 each were made on John F. Hohman's account,
the first on 12-29-89 and the second on 1-05-90. American Airlines Credit
union wants theirAAptayment refunded, for they are not responsible for Mr.
} PROGRICMS,tDE}~AsATMENTRxOReGA UPSsAF'PTED:
The Tax Department and the tax account of John F. Hohman
FISCAL IMPACT:
$ 860.41
t
CT/LY
MIT E ,
oy
~a r re
City Manager
Prepared by-
Waffle Vic Schneider
Title Tax Technician
Approved:
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26330/3
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Ref"dAPPOetlee 71.11(1117)
Collecting 01fice Namr. i - -77d A
Collecting Tax For, p r
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Tx 76•zG/
Address
City. State. Zip Code
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In order to apply for a tax refund, the following information must be prwided by the taxpayer,
IDENTIFICATION OF ROPE
R OW BRm C4
Name: A
Address
Telephone Number (If additional Information Is nood•cV,
IDENTIFICATION OF PROPERTY:
r
f Deacription of Property; .<n elxplfi P r #4310c,4-
I
Address or location of Property:
Account Number of Property or Tax Receipt 144,lmb•c.
INFORMATION ON PAYMENT OF TAXBk
Name of Taxing Unit Year for Amount of i
From Which Refund Which Refund Date of the Amount of Tax Reiund
Is Requested Is R"ueeted_ Tax Payment Taxes Paid Requested
t
1 ttt i 10 s 960 /
:2K =.11
3• i0 / 1g / fl E
Taxpayer's reason for sfund (aftech supporting documentatlon~ LCee!tT Were jD&;a1-rw,,e le
lr tQr'ryr' y /1/r. h'e Irian 6sr ~/h r-. rJJi-/Icier 4 414
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"I hereby apply for the refund of the attovedl.ocobed taxes and cw* that the information I have 91 on this form
f Is true and correct." j
Signature PO Oate of Apo "doo for Tax Refund t
-----------medL~exr'.ft TX7 . I
DETERMINATION FOR TAX REFUNO: Approval Oleapproval l
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Signature of Authorized Affieer Date
Signature of Presiding OMar(s) of Taxing Date
unit(s) for refund appliations over 8f300
Any; ar wM mahe• a fate. entry upon Ma lenpbl0 -A eta0 be s•bleet too" •t"NM•wbp• Akin" 1. ilwrherwnow el
net mare titan 10 years nor lees then 51 years antler a One of net mare that $10,000 or be* sueh and
Imprleonmenp 2. e0ltOnerlNnl In J•01a a lean mole 1 year ar a tIM net te •Me•d >Zt,000 ar both aueh t1M and bn'rN•rwranl N eN
I" In !••Iwn 77.10, Penal Cede.
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2651L-1/3689 Q,
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT r
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
` PROVIDING FOR TiE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
s WHEREAS, the City has solicited, received and tabulated
competitive bids for tLe purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
i
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I '
SECTION I. That the numbered items in the following numbered d
bide or materials, equipment, supplies, or services, shown in the
"Bid Proposals" on file in the Office of the City's 'Purchasing
Agent filed according to the bid number assigned thereto, are !
hereby accepted and approved as being the lowest responsible bids
for such items:
BID ITEM
NIMBER• NO. VENDOR AMOUNT
1081_ AILL- DAVIS TRUCK 6 EQUIPMENT 8 74.167.00 l
1089 1_ WESCO $ .778 oar foot 1
2 WESCO $ .624 per foot
3 POLELINE $ .971 per foot
4 POLELIKE $ 1.431 per foot
5 PRIES_ I:R 2,946 nor foot
TE"LE $ 9 it3Ch I
7 TEMPLE 19.49 each
8 PRIESTER $ 11.75 each
9 WESCO $ 1705 each i
10 WESCO $ 27.00 each
s
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r. CONTINUATION SECTION I.
i
BID NUMBER ITEM NO, VENDOR AMOUNT
} 1092 1 KARL KLEM NT DODGE S 9.927.00
2 KARL KLEMENT DODGE Si121538.00 j 1
3 DAVE KRAUSE DODGE $ 31,605.!5
4 BILL UTTER FORD 47 240=00 t
" 5 -BILL UTTER FORD $ 14,348.00
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SECTION II. 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 III. That should the City and persons submitting
' approved, an accepter; items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
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 containeA
in the Bid Proposal and related bid documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numberi~ems of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That thus ordinance shall become eifective
imme atdi ely upon its passage and approval.
PASSED AND APPROVED this day of 91990.
i
J~
LJ ATTEST: }
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i
JENNIFER WALTERSt CITY SECRETARY
APPROVED AS TO LEGAL FOAM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
t
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BY:
i
PAGE TWO
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DATE: APRIL 17, 1990
r
CITY COUNCIL REPORT
'w T0: Mayor and Members of the City Council
s
FROM: Lloyd V, Harrell, City Manager
SUBJECT: BID# 1081 - SIDE LOADING REFUSE TRUCK
E RECOb1MENDATIONeWe recommend this bid for a packer body and truck
chassis be awarded to the lowest bidder meeting the intent of
the specification, Davis Truck and Equipment, in the amount of
$74,187.00, with delivery in 120 days.
SUMMARY: This bid is for the purchase of a replacement side
loading-
oa ng commercial refuse truck no longer economical to repair.
The truck will be used by the solid waste Division for j
collection of commercial refuse. This unit is the round barrel
type truck designed to lift and dump the green contain,irs.
i
BACKGROUND: Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Fleet Operations and I
Waste Department, commercial Division. Solid
S
i
FISCAL IMPACT: This is a motor pool replacement and will be p
funded as a portion of the Certificate of Obligation sale for
the purchase of fleet equipment.
Reap fully submitted:
i
*;d Harrell
City Manager
f Ap roved
Name: Tom D. Shaw, C. P, M, l
Title: Purchasing Agent
P
I 028,DOC
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DATES APRIL 17, 1990
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
6
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1089 - WIRE, CABLE, AND CONNECTORS
r.w'sG~
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidders meeting specification as follows:
Item 1 Wesco at .778 per foot
item 2 Wesco at .624 per foot
Item 3 Poleline at .971 per foot
Item 4 Poleline at 1.431 per foot
Item 5 Priester at 2.946 per foot s
Item 6 Temple at 19.49 each
Item 7 Temple at 19.49 each
Item 8 Priester at 11.75 each
Item 9 Wesco at 17.75 each
Item 10 Wesco at 27.00 each
SUMMARY: This bid is for wire, cable, and connectors to replace J
warehouse ztock for Electric Distribution. 11
BACKGROUND: Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Warehouse inventory
for Electric Dietr ution.
FISCAL IMPACT: Warehouse Working Capital Account
710-043-0582-8708
I ~
Respectfu submitteds
L1 d V. Harrell
City Manager
repared By: I
' i
Names Den se Mann ng - j
Titles Buyer
A oved
Names To D. Shaw, C.P.M, y
` Titles Purchasing Agent
028.DOC
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J17
2
lY DATE2 APRIL 17, 1990
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
d
FROMs Lloyd V. Harrell, City Manager
SUBJECT: BID# 1092 - PICKUPS AND TRUCKS
RF,COMMENDATIONs We recommend this bid be awarded to the lowest
bidder meet ng specifications for each item.
1. One 1/2 Ton Pickup Karl Klement Dodge $ 9,927.00 $ 9,927.00
2. One 1/2 Ton Pickup
4WD Karl Klement Dodge $12,538.00 $12,538.00
3. Three 3/4 Ton Pick- !
up Dave Krause Dodge $10,535,15 $31,605.45
4. Four 1 Ton Cab/ e
1 Chassis Bill Utter Ford $11,810.00 $47,240.00 t
I 5. One 1 Ton Crew Cab Bill Utter Ford $13,678.00 $14.348.00
TOTAL BID AWARD $115,658;4`5
SUMMARYs This bid is for the purchase of 1/2 ton, 3/4 ton, and
1 ton trucks. These are motor pool replacements for the
Electric Utility, Water/Wastewater Utility, and Street
Department. The one ton crew cab is a fleet addition for
Water/Wastewater Engineering.
BACKsROUND: Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Various using
departments and Fleet Operat ons.
FISCAfj IMPACTS Funds for these units will be taken from a
co ination of Motor Pool Replacement Funds and 1989-90 budget
funds.
Motor Pool #720-004-0020-8707 $ 73022.00
Budget Funds 1989-90 420336445
$115, 58.45
Respec ullyy submitted:
i Y
Lloy V. Harrell
AP r e City Manager
Names Tom D. Shaw, C.P.M.
Title: Purchasing Agent
I
028.DOC
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2651L-3/3689
Y ~ 1
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
! AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
.rv f
WHEREAS, the City has solicited, received and tabulated.
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
E City ordinances; and
I
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
k and plans and specifications therefore; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I
SECTION 1. That the following competitive bids for the '
cons EructTon o 1 public works or improvements, as described in the
"Bid Invitations , "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
y to the bid number assigned hereto, are hereby accepted and ,
approved as being the lowest responsible bids:
Ir J
I.. BID NUMBER CONTRACTOR AMOUNT 1I
1080 UiRRY NANNING___ $ 13.676.25,
i }
{ SECTION II. That the acceptance and approval of the above
compet t vo bids shall not constitute a contract between the City
a and the person subtgitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
,
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e to Bidders including the timely execution of a written contract
and furnishing of performance at-,d payment bonds, after notifi-
cation of the award of the bid.
t ~
SECTION III. That the City Manager is hereby authorized to
i execute all necessary written contracts for the performance of j
+ the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
J! SECTION IV. That upon acceptance and approval of the above i
i comps ve s and the execution of contracts for the public
i works and improvements as authorized herein, the City Council '
E hereby authorizes the expenditure of funds in the manner and in
the amount as apecified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately up`on its passage and approval. S
PASSED AND APPROVED this the day of , 1990.
RAT STEPHENSO MAYOR
ATTEST:
j
i
jENNIPM WMERS) CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
s
. i
PAGE 2
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! WrYOI DENTON, EX48 MUNICIPAL 9UILDlNa / DENTON, TEXAS 78201 / TELEPHONE (817) 586.8307
f Office of the CU Manager
t
1
o
M E H 0 R A N D U M j
TO: Lloyd V. Harrell, City Manager
PROM: Rick Svehla, Deputy City Manager
DATE: April 12, 1990
SUBJECT: 91 Recommendations on Malone Street Curb
Last night at their
quarterly meeting the 91 Committee
recommended that additional curb on Malone be rebuilt. Council
may recall that we have just completed the Malone Street
drainaot project. In conjunction with that, we are repaving
Maioaa Street through our street maintenance operating funds.
We repaved from Scripture Street to just north of Linden.
Our plan was to repave the rest of the street when the drainage
project was complete. When we began to schedule the rest of
this repaving, we noticed a substantial amount of curb on the f
east and we-at sides of Malone from Linden Street north that
should be replaced. We had not budgeted for any of this I
replacement in our maintenance operation. Since the curb and j
gutter are not only an integral part of the roadway, but also
the drainage system in the area, the staff felt that it was f
reasonable to consider replacing this in conjunction with the f
drainage project on Malone. As you can see from the bids, we
are talking about approximately $13,000 to replace this curb.
As mentioned earlier, we have reviewed this issue with the 91
Committee and they recommended that interest money from the
1985 Bond Issue be used to fund this improvement. The 91
Committee felt that this would refurbish Malone Street from
Scripture all the way to Highway 380 and make it a first class
facility for its entire length.
If you or the Council have any further questions, we would be
happy t and answer them at your convenience.
RR vehla, Deputy City Manager j
4970M
RS:nb
1
DATE APRIL 17, 1990
i
F, CITY COUNCIL REPORT
TO:
Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
ret SUBJECT: 8ID# 1080 - CONCRETE WORK - MALONE STREET
RECOMMENDATIONS We recommend this bid be awarded to the lowest
id er, Larry Manning, in the amount of $13,676.25.
SUMMARY: This bid is for the concrete work associated with the
reconstruction of Malone Street. The bid includes 1,775 feet of
curb and gutter, 375 feet of sidewalk, 3 ramps, and 70 Square
Yards of driveway replacement. The area covered is from
University Drive to Linden.
BACKGROUND: Tabulation Sheet
11
PROGRAMS. DEPARTMENT OR GROUPS AFFECTED: Engineering, Str
Department eet ~
FISCAL IMPACT: Funds for this project will come from 1985
Street Bond Funds. s
Respec ily dub ted
Lloy V. Harrell
City Manager
Ap roved
Names Tom D. Shaw, C.P.M. 1
Titles Purchasing Agent
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2517L/1589
NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND
PROVIDING FOR AN INCREASE IN THE CONTRA ;
EFFECTIVE DATE.
t
WHEREAS, on , the City awarded a contract for
GTF-
the construction certa n mprovements to
in the amount of ~ aR1.344_ni) ; an
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: I
SECTION I. That the change order to the contract between the
City and , a copy of which is
attached ereto, in ER-amount o
0 ara S 1
j hereby approve an t e expen tore of funds t ere or a.-Hereby
` authorized.
1
SECTION It. That this ordinance shall become effective
imma ate y upon its passage and approval.
PASSED AND APPROVED this the day of ,1990.
STEPHENS-,IUM
i
fEf ATTEST:
i
s
JWIFER WALTEKS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
F
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wry of DENTON, rEXAS 215 E. WKINNEY! DENTON, TEXAS 76201 ! TELEPHONE (817) 5688200
M E M Q R A N D U M j
t
e
DATE: April 10, 1990
TO: Lloyd Harrell, City Manager
FROM: Gary A. Collins, Director of Data Processing
SUBJECT: Telephone System Change Orders y
During the past few weeks as we have been finalizing our telephone 1i
equipment needs, the need for changes to the original proposal have
come about. These changes reflect the pent up demand that has f'
occurred over the past few years as well as some special needs in
the area of analog phone equipment. These change orders reflect
a total of 533 instruments both digital and analog. Additionally
these change orders include 6 additional key sets that were not
part of the original bid but are needed at locations such as the
Landfill, Environmental Health Services, Golf Center, Tennis
Center, and the 3 Fire Dept, substations. These additional key
systems arise from moves in the location of staff as well as an
increased demand for telephone services in areas were multiple
people were sharing a single line and/or set.
In our original proposal we ask for a digital telephone system and
all vendors proposed a digital system. The need for analog phone
equipment arises from the need for such items as ringers, paging
equipment, conference speakers and dictation recording equipment.
These changes would have been needed regardless of the vendor
chosen and I feel that based upon the original proposals these
costs from GTE are the lowest we would have received. I have
attached a analysis of the costs incurred or encumbered to date for
your review. As you will see with all the changes we are still
$41,800 below the original $650,000 budgeted for this project. If
I can provide any additional information or answer any questions
please call.
GarvA. Collins
Y
Director of Information Services
h ,
F
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TELEPHONE E01JIPDIENT AND CABLING; FUNDING OND C;OST'~,
ITEM DECC'RIPTION AMOUNI
- - - - - - - - - - - - - - - - - - - - - - - -
SOURCE of FUNDS t
CERTIFICATE OF OBLIGATION u5 000 I
GIS PROJECT 25,000
UTILITY BUDGET 18,000
TOTAL FUND SOURCES $493,000 f
f
EXPENSED ENCUMSEkED
EXPENDITURES AMOUNTS AMOUNTS
j FIBER OPTIC AND COPPER CADLE $128,901 $301556
TELEPHONE EQUIPMENT 381,643
TELEPHONE ROOM CONSTRUCTION 8,120
CHANGE ORDERS FOR EQUIPMENT 571,605
AIR CONDITIONER UPGRADE 46,375
TOTAL EXPENDITURES TO DATE $183,396 $447,804
REMAINING BALANCE $41,800
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DATE: APRILI7, 1990 1
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
I
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFP #1003 - TELECOMMUNICATIONS SYSTEM CHANGE ORDER #1
~ a.
s RECOMMENDATION+ We recommend this Change order #1 be approved
in the amount of $55,605.47, to GTE.
S
SUMMARY: This Change Order is for changes in equipment
originally ordered from GTE. These changes are due to an
increase in numbers of instruments and requirements for numerous
departments, relocation of staff, changes in needs, and
discovery of additional equipment requirements such as burglar i
alarms requiring additional analog cards. The Change order also f
includes several items being deleted for credit.
i ~
h BACKGROUNDS Copies of GTE Change Orders indicating equipment
_changes and location. j
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Information Services,
f
Municipal Laboratory, North Lakes Complex-Golf, North Lakes
Complex-Tennis, Fire Station #2, Fire Station #3, Fire Station
#4, Environmental Health, Denia Park, and other departments to a
lessor degree.
FISCAL IMPACTS Funds for this Change order are available from
the orig nal Certificate of obligation sold for the
Telecommunication System. Account Number #437-036-017T-9103.
Resp fulllly s itteds
4
L1 d V. Harrell
City Manager
Pre sred
Names Tom D. Shaw* C.P.M.
Titles Purchasing Agent
Approved n
Names Tom D. Shaw, C.P.M. r,
Titles Purchasing Agent j
027.DOC
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N f
ais_d O R i N D Q N ~ -J111
T02 Tom Shax
# Purchasing Agent
rroa= Gary A. Collins
Director of Information Services
Dater March 21, 1990
Subject: CFWGX ORDERS To TELEPHONE CONTRACT
Attached is a ifat Of ch
from GTE. Theae eh anges in equipment on mall
relocation of ~ a haw become necessar g Y ordered ~
additional stalt, changes in needs, and diY due to ~
{ additional equipment such as g seowry o!
analog cards. bur far alarms requiring
agenda for id place these change orders on the Cit
April 3 1
1 1990, I would y Council
gristly appreciate it,
1
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Gary , Collin- 11
Director of info.-Mation Services
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Joe ~
%y
}
IC ml
{wxv.la.0 BUSINESS PHONE SYSTEMS-_
CHANGE (jROER
f Originw Carved a Origirat Dale:
Now Contract a (Auigned by Sales SuppM)
Change Order e 2 SnNt l Of 1 OW Mateh 21. CUSTOMER NAME AND ADDRESS: CIr Of DFSl tOe -
ricr fAPtitINFT -
213
nrnmr rtT1i 76261 - SALES
C,OP ry7~T EXECUTION HEREOF CEXEECUTED By THEM N THE RESPECTS SET FORTH BELOW AND REFERENCED THER:
I I
ADDITtONS TO CONTRA
MATERIAL MINOR EQUIPMENT EWIPMONT SALN
CIUANTtTY CODE INSTALtATTON 1.fA t. IAL9 WARRANTY LL PRICE DISCOUNTED PRICE
I LJX 196.99 371156.00
I - 6 0 2. 19
x - 7.:0 ...-ea2s.eo - -
16 .e4 2 71.16
1 - p2 - 3.30 31.70 53.00
TOTA AOOITIONE 1252.64 6 F 120.3N
TOTAL T" M
o Ns r c NT A
EQUIPMENT EQUIPMENT SALES
ANTRY MATERIAL IN A IN WARRANTY FULL PR I "tcl
1354.10
f
20tl 1". no vi la
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T TAL 0 !4 7-:
f T T MGT MOUM
il! MAL1WT OW111 l6 ♦1- 110,00 ".96.09 16,951.36 (/31!.60) 15,122.6
i Rem "A• To Why Nd to BE: J 1
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APPROVALr
TITLE.
i
Dow Remarks j
THE INSTALLATION
INTERVAL IS UNCIfAN0E0 ❑ INCREASED TO WEEXS FROM
ACCEPTANCE OF THE SALES AGREEMENT.
Y CUSTOM A BUEINEU PHONE SYSTEM
I~ u
Tme
OlTwiw mm WAN a TaLLow. W Caanu "a - 0"rmw
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D
BUSINESS PHONE SYSTEMS . _ . _
-'-CTiANGE-ORDER--
Origlnal Conlrocs I Original Dale:
p Now Conlncs ► (A"grnd by Sales SYPW)
Ctialge Order N I Sn.al I _ Of I Dale WAr 21. 1990 -
CUSTOMER NAME AND ADDRESS; CITY Of DUMN
215 UST WINNV -
.t Doll. nw 76 201
I
UPON EXECUTION HEAEOF COMPANY AND CUSTOMER HEREBY AMEND THE ABOVE REFERENCED SALES
CONTRACT PREVIOUSLY EXECUTED BY THEM IN THE RESPECTS SET FORTH BELOW AND NONE OTHER:
CITT 1
AOOITION$ To CON 'RACY
MATIRW. MINOR EOUIPM41NT EOLIIPMINT SALII
ANTITY COOS IN EA TIC -WTVAM ARRANYY PR I 01 N D -PRIG
famital LK1 at, 00
CID
5 271 09 AUIU-= 420,00 9410,00 0,210.00
CID
- -
169,84 IIAGI-Ifi 1,693.00
2112 i34-40 21113,60 1,31fl.00
to 24V P. Tran jL 11-nn 47~on
Tt TICINO
CONTRACT
MATERIAL MINOR IOUIPMINT IOWPMINT SALES
COM N It TV . N I MATIRIALS 7. 7 I
1 I
Vill
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TOTAL NRCHNIOtlQ- T47.19 42,769.46 (iT,111.f3) 15,9A1.A0
I
~ RMnuMa As To Wiry No To ft '
APPAOVAW
T7TL►.,
0" Romw"
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THE INSTALLATION
NTERVAL L!: UNCNANOID ❑ ACCWANCI OF THE SALES AOR£lMINT FROM
f
CUSTOMER SUSININ PHONE IYITIMIS
4UN311131) 17
rrUlI
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odT*ft"oQI WW" A YO.LOW • LM CoWN ~I11K OnMnMer
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~.tiw... RIY+wq 1
A■[p a
Ja
~w nu v~ 1
{ P - - BUSINESS P14O E SYSTEMS
t CHANQE ORDER
ONinal Contraal a
Now Contract I OVnat Data:
Ct artpa Ordw N Sl1NI Of (Aaafg"d SaIN SUPWI
-NAL
CUSTOMER NAME AND ADDRESS; CIIT OF DE MN Date O t 90 V
2213 DUST HCLINNIIT 1
D I
UPON EXECUTION HEREOF COMPANY AND E STOMdA HEREBY AMEND THE ABOVE REFERENCED SALES
CONTRACT PREVIOUSLY EXECUTED SY THEM IN THE RESPECTS SET FOIiTM BELOW AND NONE OTHER:
ADDI 10146 TO NTRA
ANTI MATERIAL IN A - Mme-- 40UtPMSNT
MAa RIA WAIIIRANTY PV PII eOU1PMENT __BA S
i
J -
_ V a
4 s
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j AD
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MATI[AIAL MINOR T T
f N A N MA IA yy ftANTy IPM*NT 4MIPMINT SALES 1
2 PA J ~
0] ~
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T TA
r I J
TOTAL MIT CMAMSII ♦ ! . 53.00
MI All To 64'H Slt{.t/ (ti31,7t) 2743,36
Mq Nq To SIF '
APPROVALt
TTTLdt
Ot w Rarewlta:
i
i THE INSTALLATION
INTERVAL IS; UNCHAI ❑
MCE mes OR THE 8'ALES - EMENTWdEK6 PROM I
CUSTOMER AGRE ,
4USINISS PHONE SYSTEMS
DII'TRwir m WWI a VILI W COMM
1InIt. OnpN,ya
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Imn l".r
BUSINESS PHONE SYSTEMS
CHANGE ORDER
'c
r Onginal Contract r Original Data:
Nave Contract N {Aaalgnad byy Sawa Support)
Change Order M ` Shaul 1 01 . Data Nareh 2l. 1990
4 CUSTOMER NAME AND ADDRESS: AUIT Of D212121%
213 East liclinney
Denton, TZ 76201
UPON EXECUTION HEREOF COMPANY AND CUSTOMER HEREBY AMEND THE ABOVE REFERENCED SALES
CONTRACT PREVIOUSLY EXECUTED BY THEM IN THE RESPECTS SET FORTH BELOW AND NONE OTHER:
A00171ONS TO CONTRACT
t MATERIAL - MINOR EOUIPMONT EQUIPMENT SALE9
QUANTITY COOS INSTALLATION MATERIALS WARRANTY FU PRICE 0.14COUNTID PRICE
I rtur 61
110461 333.00 wilto 1 911, 70, 1,494.21 IAL~Ltll.
- -
1 10000
lubtatil 780.00 144.10 2,2132.26 3,133.66
223.00
I S~
1411.00 M72,011 206.80
10600 To on 43.90 45.90
1,01,112
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TOT N
Y - ! TO CON RACT
MATERIAL MINOR SOUIPMENT EQUIPMENT SALES i
j
QUAgTrry j INSTALLATION WARRANTY P 1 HT PRICI
ff3 i I
RTOTAL
TOTA
I
TOTAL NET WANK ~ I - ' j
RMnarlu N To Why Not To SEk
1
10 APPM Y'kLl l I
Ttn& -
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OIMr Remarks; .
THE INSTALLATION
INTERVAL 18: UNCHANGSO Cl INCAEASED TO WEEKS FROM
}
ACCEPTANCE OF THE SALES AGREEMENT.
CUSTOMER SUSINSSS PHONE SYSTEMS ,
xGtRWI11D BY IV OATI
1
TrnA
gaMIWT1016 WWII A YILLOW . LAt Calm MNK -00"aw
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BUSINESS PHONE SYSTEMS
z CHANGE ORDER
Original C nirm a Original Dale Contract 0 (Assigned 0y Salve Support)
' Change Order I Sheet Of < Data Marne 2l. 1990
CUSTOMER NAME AND ADDRESS: City of naetr %
711 M Irtnaav
l7an[an_ TR 7A)f11 ,
UPON EXECUTION HEREOF COMPANY AND CUSTOMER HEREBY AMEND THE ABOVE REFERENCED SALES
CONTRACT PREVIOUSLY EXECUTED BY THEM IN THE RESPECTS SET FORTH BELOW AND NONE OTHER: 1J
DDITION TO CONTRACT
l
MATERIAL M EOUIPMENT EOUIPMENT SALES
QUANTITY COON IN A MATNHIAiNOq WARRANTY FULL PP141CM I PR E
North
1 30529 223.QQ 30.40 463.7F-
3 30438 1 ;2.4D 479.40 706.60
1 0000
1 420.00 -043.12 .411.82
fire 9 atidn #I
12-5.00 Ing 14,110 799.00
1116, -AWO 16JO -262,72 A711-111
I T T AOOfT101N
NNI TO - -
z
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N 1
MATERIAL MINOR M1111MENT EOUIPMENT SALES
1 A N MATIRIA1.2 WARRANTY PRICE I f
-QUANTITY --COON I
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T TA
TOTAL OWA "I I
1 } ~
TOTAL SIR 0 AAM r I
Aamarka As. To Why Not To ft
APPIIOVALI Y
11TL,L:
Other RamarW:
i
THE INSTALLATION
INTEAVAL IS: UNCHANGED ❑ INCREASED TO WEEKS PROM a
ACCEPTANCE OF THE SALES AGREEMENT.
CUSTOMER. BUSINESS PHONE SYSTEMS JJ
1
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TKIII
0117I1iEU7 eNe WIrTE a YELLOW . w Corned roar , onyx ow
......~rVC @am.-'-
BUSINESS PHONE SYSTEMS i
CHANGE ORDER
l anal Date:
D Ora
4 ow Contract tract 0 t .
(Assigned by Salo Supportl
Now •
Change order • 4 Shm s Of 4__ 0•q .
p CUSTOMER NAME AND ADDRESS: Gill CL Oaaton
1 _ HEREOF COMPANY CONTRACT PREVIOUSLY EXECUTED BYrT14EM N THE RESPECTS SET FORTH ~OW~D NONE OTHER:
[ay System.
WO-011`1 ON T CONTRA
MATERIAL MINOR EOUIPMENT EQUIPMENT SALES
QUANTITY IN TA TION MA RIAL WARRANTY FULL PRIG! 01SCOUNTIC0 PRI
Piro S ,4na 01
. 5'S(
jl~ in
t
j
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TAL A
I
TO CON RACT
E MATERIAL MIN011 EQUIPMENT EQUIPM4w BALES
,Z E1 H MATIFILIALS, WARRANTY PRICE M
MI -VLL I
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ATOtAL06 MAL MIT C 0ma ♦ 1-7T I
A«mAU M To Why No To Sa:
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APPROVAL.' r.. .
TIT'M i
1
Ct}ar A•muks: t
THE INSTALLATION
INTERVAL IS: UNCHAN0E0 ❑ INCREASED TO WEEKS FROM
ACCEPTANCE OF THE SALES AGREEMENT.
CUSTOMER BUSINESS PMONE SYSTEMS
I4 '86 IFY my Wl_
TAN
olsrlssurloNl MUTE • r6LOW • Let Cowr F•at . OrgMnor
r
me ewm Ile,
my 1641
BUSINESS PHONE SYSTEMS
s CHANGE ORDER
Orlginai Contract ► Original Data:
' Now Contract ► (Ass ad
by Sala Supper!
a Change Order ► SIa OI 4 Oafs lSareh 21. 1990
CUSTOMER NAME AND ADDRESS: CITY OT =0111
21S TAST MCIInEY
I)mmy. LEES 76201
UPON EXECUTION HEREOF COMPANY AND CUSTOMER HEREBY AMEND THE ABOVE REFERENCED SALES
CONTRACT PREVIOUSLY EXECUTED BY THEM IN THE RESPECTS SET FORTH BELOW AND NONE OTHER:
[ETS STSTIDSS '
A ITION TO CON PACT
MATERIAL MINOR EOUIPMGW EOUIPMENT SALES
ANTITY INBTAL TION MATERIALS- WAAAANTV FULL PPAICII DISOOLIN32 PACE
$3.00 1,19.10 235.60
i JJ
65.00 10.60 159.10 133.60
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T T A
12011,00 1
E
DOLETIC NO TO CONTRACT
MATERIAL MINOA PP NOUIPMENT SALES
AFOTTY INITALLAMPt MA
WARRANTY RI
TOTAL SEMNO
` -
I
TVALRtTIIN INS - 7206.00 511.30 761.30 7716.811 t1.11 S6
j Renwb M To WM' Not To 89:
I ~ APPROYALI . _ . r
V =
TITLE! _ S
( Ottw Aamukr.
I t i
THE INSTALLATION
I INTEPIYAL IS: UNCHANGED . Q INCAEABlO TO WIIKS FROM
ACCEPTANCE OF I11I SALES ADREIMINT. s
€ CUSTOMER suslNttt PHONE SYSTtMS
U H r i*_ CATI
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OMTIIIaUT70N1 Ylllltt ~ 7QLOM • lY GNn4 PINIt • dynMM
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CITY
COUNCIL
IMM
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April 17, 1990
CITY COUNCIL
AGENDA ITEM "
€ I
a TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMs Lloyd V. Harrell, City Manager
SUBJi ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON AND
ALAN PLUMMER AND ASSOCIATES FOR CONSULTING SERVICES.
f RECOMMMATION•
Staff recommends approval the contract with anPlummerhand Associatoshei c. for amendment to
engineering services in the amount of $6,100.
SiJIA!]1AY s
j
Alan Plummer and Associates, Inc. has assisted Denton with
Commission he first phase of the process for renewal of our Texas Water !
t
permit for treated wastewater discharge, we are }
now entering the second phase and additional services are
needed to provide technical assistance for developing
information for the permit.
The original agreement with Alan Plummer, in the amount of
$9,800, was approved on February 27, 1990, and was for
investigative and research assistance relating to a draft
permit that the Texas Water Commission had developled for
the City.
BACKGROUNDS j
D
discharge enton is in the process of renewing the TWC wastewater I
dec,hlorinationitbiomRequirements for onitcringo sludge disposal, etc. are {
proposed by the TWC. Also, the TWC is in the process of
adopting new regulations which will change the method by
which plants are rated. f
During the permittin
I respond to the g process, Denton has the opportunity to ~
technical and operational do, negotiate, wit hinting
certain limits, a reasonable time frame to design and
II
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CITY COUNCIL AGENDA
Page 2
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BACKGROUND: (Cont.) 1
construct facilities needed to comply with the new
requirements. This schedule has a direct impact upon the
Capital Improvements Plan and the sewer rates needed to
j support the CIP.
i
Denton has only 30 days to respond to the draft permit and J
must initiate analysis right away.
FISCAL IMPACT:
Negotiated schedule affects the CIP and sewer rates.
I ~
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Denton Municipal Utilities, Citizens of Denton, Alan Plummer
and Associates, Inc.
Respectfully Submitted,
OEM
oy Harre 10-Cit
Manager y
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f
Prepared/Approved by,
.E. Nelson, Executive Director
r Department of Utilities
I
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Y
A
ORDINANCE NO.
1
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMEN-
TAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ALAN PLUMMER
AND ASSOCIATES, INC. FOR CONSU%TING SERVICES AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
f
SECTION I. That the City Manager is hereby authorized to ex-
ecute a supplemental agreement between the City of Denton and
Alan Plummer and Associates, Inc, for consulting servicea in an
effort to secure renewal of City's wastewater discharge permit
from the Texas Water Commission.
SECTION II. That the City Council hereby authorizes the ex-
pend tur'unds in the manner and amount as specified in the
agreement, not to exceed $6,100. f
i
SECTION III. That this ordinance shall become effective im-
mediate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
RA EP E , MAYOR
ATTESTs
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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2909L
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SUPPLEMENTAL CONTRACT FOR CONSULTING
f SERVICES BETWEEII THE CITY OF DENTON, TEXAS r
AND ALAN PLUMMER AND ASSOCIATES, INC.
The City of Denton, Texas, a Municipal Home Rule City situated in
Denton County, Texas, hereinafter called 'City', acting herein by
and through its City Manager, together with Alan Plummer and i
Associates, inc., a corporation hereinafter called 'Consultant',
hereby mutually agree as follows:
1.
GOALS AND OBJCTIVES
effort ntl agreement of City's
cit and consulting consultant services have e an previously to secure renewa
wastewater discharge permit from the Texas Water Commission. city
desired to renew this permit ender terms which minimize cost to
City. The parties intended to achieve this and by Consultant's +
performance of services, including ideation, analysis, cost opti-
mization and technical support. Through performance of these ser-
vices, the parties expected to negotiate and obtain a wastewater
discharge permit which requires a minimum expenditure of funds to
retrofit City's wastewater treatment facilities.
M During Consultant's performance cf this prior agreement, it was
decided that City should amend its application for a wastewater
discharge permit to increase permitted flow from 12 MGD to 15 MGI1,
cit desires to tant to achieve the enter t goals this of uthe oprior l contract contract at i the chigher
discharge flow rate. i
i
r z1.
CONSULTANT'S SERVICES i
i
Consultant shall render supplemental services necessary for the j
development of the Project as outlined herein. The scope of sup-
plemental work which Consultant agrees to perform is set forth in
Attachment A, attached hereto and incorporated by reference herein.
Consultant shall exercise the same degree of care, skill and dili-
gence in the performance of these supplemental services as is or-
dinarily provided by a professional consultant under similar cir-
cumstances and Consultant shall, at no cost to Owner, 'reperform'
services which fail to satisfy the foregoing standard of perfor-
mance.
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III.
TERM OF AGREEMENT I
i
Consultant shall commence rendering supplemental services immedi-
ately upon execution of this agreement. Scheduling of meetings
x, will be accomplished during the course of the services. This sup-
plemental agreement will continue to be in effect until all terms
have been satisfied.
t
IV.
COMPENSATION TO BE PAID CONSULTANT t
i City agrees to pay Consultant for the services 4
( as follows: performed hereunder
A. Amount of payment for services;
Consultant will charge the City based on actual
sional time spent and expenses incurred. In no event will
the total supplemental costs exceed $6,100 for consultant's t
fees and expenses unless Consultant
tasks outside the scope resented i requested to perform sal. additional assistance is requested i from h they C n ultantE
another contract shall be executed by and between the City 1
and Consultant. Payment will be based upon the rates set
forth in Attachment B.
B. Dates of Payments
l
City will pay Consultant within thirty
pletion of services provided for herin a~nddarece pt oof
invoice from Consultant.
V.
SUPERVISION AND CONTROL BY CITY
It is mutt~ally understood and agreed by and between City and Con-
sultant that Consultant is an independent contractor and shall not
be deemed to be or considered an employee oL the City of Denton,
Texas for the purposes of income tax, withholding, social security
taxes, vacation or sick leave benefits, worker's compensation, or
any other City employee benefit. City shall not have supervision
and control of consultant or any employee of Consultant, and it is
expressly understood that Consultant shall perform the services
tionuoferthecClty M nagereofttheeCitypofaDentonhorgeneral designee
under this agreement. g
f
PAGE 2
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VI.
SOURCE OF FUNDS
i
All payments to Consultant under ch
this agreement are to be paid r-
the City from funds appropriated by the Cit Council for su
y pu
poses in the Budget of the City of Denton.
VII.
INSURANCE
Consultant shall provide at its own cost and expense worker's
t compensation insurance, liability insurance, and all other in-
surance necessary to protect Consultant in the operation of
Consultant's business.
VIII. I
INDEMNIFICATION 1
Consultant shall and does hereby agree to indemnify and hold harm-
less the City of Denton from any of any kind whatsoever, by reason n of linjurygto~ loss t liability
persons to the extent directly and property or third
omission or negligent act of Consultant,mits office a ba gentep ems
Ployees, invitees, and other persons for whom it is legally liable, I
in the course of the performance of this agreement, and consultant 1
will, at its coat and expense, defend and protect the City of {
Denton against any and all such claims and demands.
}
r IX.
CHOICE OF LAW AND VENUE
I
This agreement shall be governed by law of the State of Texas, and
venue for its construction and enforcement shall lie in the courts
of Denton County, Texas.
i
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CANCELLATION
E City and Consultant each reserve the right to cancel this agreement
f at any time by giving the other party fourteen (14) days written
notice of its intention to cancel. If the agreement is cancelled
' before completion, the City agrees to compensate Consultant for
services provided and expenses incurred prior to notice of cancel- {
lation.
PAGE 3
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XII.
SEVERABILITY CLAUSE
If any section, subsection, paragraph, sentence, clause, phrase or
word in this agreement, or application thereof to any person or
circumstance is held invalid by any court of competent jurisdic-
tion, such holding shall not affect the validity of the remaining
portions of this agreement, and the parties hereby declare they 1
would have enacted such remaining portions despite any such in-
validity.
EXECUTED this the day of , 1990.
CITY OF DENTON, TEXAS
BY:
LLOYD V. HARRELL, CITY MANAGER
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
' I
BY.,
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
13Y ;7
ALAN PLUMMER AND ASSOCIATES, INC.
BY: I
TITLE:
I
DATE:
l
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PAGE 4
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7
i' Exhibit "A"
Alan Plummer
and ENV O\MENTA~~L ClCAR aus, Iu S
457-0100/2
April 5, 1990
III L:~ aaf
Mr. R. E. Nelson
Executive Director
I Department of Utilities
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Re: Assistance with the Texas Water Commission
Wastewater Discharge Permit Renewal
for Denton's Wastewater Treatment plant
, r
Dear Mr. Nelson:
As you know, Monday, Much 26, 1990, we met with the Texas Water Commission
(TWO staff to discuss Denton's wastewater discharge permit renewal. At that meeting it ~
was decided to submit an amended permit to increase the flow from 12 to 15 MGD. In
acxord = with a fequm for Mr. Howard Martin, we an pleased to submit this proposal '
to develop as =ffided wutewatef efiscftage permit application fa the City's submittal to
the TWC We will use information previously submitted by the City to the TWC u well
u inknutiom developed for the City's wastewaser natment plant Mesoer plan to
comlplete the Permit applicadon. One meeting in Austin with the !V, ,C staff is included to
i review the completed Permit applicatim The development of any additional new
i information required by the TWC staff is beyond the stop) of this usignment. We
P'alON to Complex tits pmt appilcadon within the 30 days required by the TWC
Compawtioo
We propose to perform the wait on a cost times multiplier basis in accordance with the
1 attached Schedule of Charges We feel that the assignment will require between 40 and
60 heave of professional astdstanee and propose a maximum fee far this assignment of
$6,100.
i
1
We understand that the City is interested in proceeding rapidly with this ualpment, and
WO are Pmpfifed to begin waft u aeon as we receive your audmxizadon, Two aiouti S
copies of this proposal have been provided If this proposal meets with your approval,
your Signatare and roAmm of one copy of thlr letter agreement will Serve u our
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641 W. Machch a Arhftooo, Texas 76013 2506 0 (817) 461.1491
s
Mr. R. E. Nelson
Page 2
April 3, 1990
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j authorization to procced. We appreciate very much the opportunity to submit this proposal 3
to continue to assist the City of Denton with its wastewater permitting and look forward to
woddag with you on this assignment.
If you have any questions concerning this proposal, or if we can be of any further
I
sssistance, Please let me know. 3
Siacemly, c
ALAN PLUhQdER AND ASSOCIATES, INC.
ohn H. Cook, P.E.
A. Leo Head, III, P.E.
JHC:ALH:gh ; j
Encbwra (2)
{ APPROVED:
j
CITY OF DENTON, TEXAS
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Exhibit ,B,l
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I ~ALAN PLUMMER AND ASSOCIATES, INC.
HOURLY FEE SCHEDULE
1990
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Cate or Range of
l Salary Cost/Nour
` Principal
I $30.00-32.00
Project Manager
27.00-30.00
Senior Engineer
25.00-29.00
Project Engineer
20.00-25.00 - ~
Engineer
I5.00-19.00
Staff Engineer
12.00-15.00 i
Designer ` a
15.00-19.00 i
Drafter/Technician
12.00-15.00
Word Processing l
10.00-13.00 i
Billable rates are based on
of 2.3 salary costs tisiees a ~ault1p11er i
.
F A multiplier of 1.0 will be applied to all expenses.
E Inhouse computer is billed at $35 per hour.
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`CITY
COUNCIL
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ggoC OF o 0A
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX B -
ZONING OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 28C
DEFINING AND REGULATING THE LOCATION OF SEXUALLY ORIENTED BUSI-
NESSES; PROVIDING ADDITIONAL REGULATIONS FOR ESCORT AGENCIES, NUDE
MODVL STUDIOS, ADULT MOTELS, ADULT THEATERS, AND ADULT MOTION
PICTURE THEATERS; PROVIDING REGULATIONS FOR THE DISPLAY OF
SEXUALLY EXPLICIT MATERIAL TO MINORS; AMENDING THE SCHEDULE OF
USES TO PROHIBIT SEXUALLY ORIENTED BUSINESSES IN CERTAIN DISTRICTS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS OF LOCATION REQUIREMENTS; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $500.00 FOR ALL OTHER VIOLATIONS; PROVIDING
FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, after a comprehensive study, review, and discussion
of sexually oriented businesses, the Planning and Zoning Commission
has recommended that the City regulate those businesses; and
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WHEREAS, on January 10 and February 28, 19900 the Commission
held public hearings on a proposed ordinance regulating sexually
oriented businesses for which notice was given as required by law
and all interested parties had an opportunity to speak; and
WHEREAS, the City Council has received the report and
recommendation of the Planning and Zoning Commission; and
WHEREAS, on April 3, 1990, the City Council held a public
hearing on the proposed sexually oriented business ordinance for
which notice was given as required by law and all interested
parties had an opportunity to speak; and
WHEREAS, based on the recommendation of the Planning and
Zoning commission and its own study, review, and discussion, the
city Council makes the following findings regarding sexually
oriented businesses:
(1) There is a need for the regulation of businesses which
i' offer sexually oriented materials, activities, or services to the
public because they have been shown to have various adverse or
secondary effects on surrounding land uses and the community;
(2) This ordinance is not intended to limit a person's access
to materials or services offered by sexually oriented businesses or
to regulate the content of protected speech, but only to alleviate
the secondary effects of sexually oriented businesses;
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(3) sexually oriented businesses located too closely to
residential uses have been shown to cause a reduction in property
values of the residential properties and may adversely affect the
stability of neighborhoods;
(4) There is generally a higher incidence of illegal drug
s activity, prostitution, and other criminal offenses in and near
1 sexually oriented businesses, which can adversely affect the
enjoyment and use of nearby churches, schools, and public parks by
the general public;
I (5) The concentration of sexually oriented businesses has
been shown to cause cumulative secondary effects on surrounding
properties. Concentration can impact the ability of other types of
businesses located nearby to attract customers, resulting in the
gradual failure of nearby businesses and the general deterioration
of the neighborhood. Generally, sexually oriented businesses have
also been shown to have the ability to pay higher rental rates than
other types of businesses and therefore tend to displace other
types of businesses and attract other sexually oriented businesses;
(6) The proposed ordinance prohibits sexually oriented
businesses in neighborhood service districts because those
districts are intended to serve nearby residences with essential
goods and services, including professional offices, convenience
stores, cleaners, and other similar businesses. The types of
businesses allowed in these districts are often frequented by f
j families and children. Allowing sexually oriented businesses in
i neighborhood service districts would discourage the types of E
i businesses that provide the usual neighborhood services for '
! residential developments;
(7) The proposed ordinance regulates adult theaters because
` there is evidence that adult theaters containing private viewing
1 rooms or darkened areas are often used for drug use, prostitution,
and other illegal activities. Illegal sexual conduct encourages
the spread of sexually transmitted diseases, which requires the
need for greater health services. These types of activities also
historically foster thefts and assaults and other types of crimes,
{ all of which create a public nuisance and require greater police
services; and
(8) The location restrictions and regulations of the ordinance
leave available sufficient sites for the operation of sexually
oriented businesses so as not to unduly restrict access to the
products and abrvicea offered by those businesses; NOW, THEREFORE,
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! THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Appendix B - Zoning of the Cade of Ordinances
is amended by adding a new Article 28C to read as follows:
' ARTICLE 28C. SEXUALLY ORIENTED BUSINESSES
Sec. 28C-1. Purpose and Intent.
Sec. 28C-2. Definitions.
Sec. 28C-3. Classification.
Sec. 28C-4. Inspection.
Sec. 28C-5. Location of Sexually Oriented Businesses.
Sec. 28C-6. Additional Regulations for Escort Agencies.
Sec. 28C-7. Additional Regulations for Nude Model Studios.
Sec. 28C-8. Additional Regulations for Adult Theaters and
Adult Motion Picture Theaters.
Sec. 28C-9. Additional Regulations for Adult Motels.
Sec. 28C-10. Regulations Pertaining to Exhibition of
Sexually Explicit Films or Videos.
Sec. 28C-11 Enforcement.
f Sec. 28C-12. Amendment of this Article. j
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Article 280. SEXUALLY ORIENTED DUSINESEES
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Sec. ZSC-l. Purpose and Intent.
(A) It is the purpose of this article to regulate sexually
oriented businesses to promote the health, safety,
morals, and general welfare of the citizens of the City,
and to establish reasonable and uniform regulations to
prevent the concentration of sexually oriented businesses
within the City. The provisions of this article have
neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative
materials, including sexually oriented materials.
4 Similarly, it is not the intent nor effect of this
article to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment, or
to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market.
(B) The location regulations of Section 28C-5 are enacted
pursuant to the authority of chapter 211 of the Local
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Government Code. All other provisions of this article
are enacted pursuant to the city's police power and the
authority of Article Xi, section 5 of the Texas Constitu-
tion. 1j
See. 28C-2. Definitions.
in this article: I
Adult Arcade means any place to which the public is permitted i
or invited wherein coin-operated or slug-operated or electronical-
ly, electrically, or mechanically controlled still or motion
picture machines, projectors, or other image-producing devices are
maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished
or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas." j
Adult Bookstore or-.Adult Video , tore means:
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(A) A commercial establishment which as one of its principal
business purposes offers for sale or rental for any form
of consideration any one or more of the following:
(1) books, magazines, periodicals or other printed I
matter, or photographs, films, motion pictures, J
video cassettes or video reproductions, slides, or 1
other visual representations distinguished or char- 4
acterized by an emphasis on matter depicting,
describing or relating to "specified sexual activi-
ties" or "specified anatomical areas"; or E
(2) instruments, devices, or paraphernalia which are
designed for use in connection with "specified
sexual activities".
(B) For the purpose of this definition, a commercial estab-
lishment shall be considered to have as "one of its
principal business purposes" the sale or rental of the
materials described in (A) above, if:
(1) The establishment makes use of a sign visible from
any public street, whether located on or off the
property of the establishment, advertising the
availability at the establishment of any material
described in (A);
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(2) The establishment devotes more than thirty percent
(303) of its total floor area which is open to the
public to the display of items for sale or rental
that are materials described in (A);
(3) More than thirty percent (303) of the total number
of items displayed for sale or rental by the estab-
lishment are materials described in (A); or
(4) The establishment regularly maintains on the prop-
erty for sale or rental materials described in (A)
whose total retail value is more than fifty percent
j (50%) of the total retail value of all materials
kept on the premises for sale or rental.
Adult Cabaret means a nightclub, bar, restaurant, or similar
commercial establishment which regularly features:
(A) persons who appear in a state of nudity; or
(B) live performances which are distinguished or character-
ized by an emphasis on "specified sexual activities" or
the exposure of "specified anatomical areas"t or I)
(C) films, motion pictures, video cassettes, slides, or other 1
photographic reproductions which are distinguished or 111
characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities"
or "specified anatomical areas."
Adult Motel means a hotel, motel, or similar commercial
establishment which:
(A) offers accommodations to the public for any form of
considerationi' provides patrons with ciosed-oircuit
television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions
r which are distinguished or characterized by an emphasis
I on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas"T and i
has a sign visible from the public right-of-way which
advertises the availability of this adult type of
k photographic reproductions] or
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(B) offers a sleeping room for rent for a period of time that
is less than 10 hours) or
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(c) allows a tenant or occupant of a sleeping room to sub-
rent the room for a period of time that is less than 10
hours.
Adult Motion Picture Theater means a commercial establishment
where, for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductions are
regularly shown which are distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas.4-
Adult Theater means a theater, concert hall, auditorium, or
similar commercial establishment which regularly features persons
who appear in a state of nudity or live performances which are j
distinguished or characterized by an emphasis on "specified sexual
activities" or the exposure of "specified anatomical areas."
Building official means the Building official of the City of
Denton or his designated representative.
Day nursery or Kind2r arten means a facility that provides,
for less than twenty-four (24) hours a day, whether for profit or
not, care, training, education, custody, treatment or supervision
for more than six (6) children under fourteen (14) years of age,
where such children are not related by blood, marriage, or adoption
to the owner or operator of the facility.
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Escort means a person who, for consideration,, agrees or offers
to act as a companion, guide, or date for another person, or who,
for consideration, agrees or offers to privately model lingerie or
to privately perform a striptease for another person.
Escort agency means a person or business association who
furnishes, offers to furnish, or advertises to furnish escorts as
one of its primary business purposes, for a fee, tip, or other
consideration.
Hyde Model Studio means any place where a person who appears
in a state of nudity or displays "specified anatomical areas" is
provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money
or any form of consideration.
Nudity or a state of Nudity means=
(A) the appearance of a human bare buttock, anus, male
genitals, female genitals, or female breasts; or
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t (B) a state of dress which fails to opaquely cover a human
buttock, anus, male genitals, female genitals, or areula
( of the female breast.
means an individual, proprietorship, partnership,
1 corporaEtion, association, or any other legal entity.
Public Park or Playground means the real property and
improvements thereon owned, operated, or maintained by a city,
university, or other public entity, which are designed or used for
recreational purposes and are available to the general public. The
defined terms include public swimming pools, golf courses, tennis
courts, ste.diums, field houses, and similar uses and facilities.
Residential District means an agricultural, one-family, two-
family, or multi-family zoning district, or any area within a
planned development zoning district which is designated for
residential use, as shown on the approved site plan for the
district.
Residential Use means a one-family, two-family, or multi-
family dwelling, trailer camp, mobile home, or mobile home park, as
defined in Appendix B - Zoning of the Code of Ordinances.
School means a building where persons regularly assemble for
the purpose of instruction or education and includes playgrounds,
stadia, and other structures or grounds used in conjunction
therewith. The term is limited to (1) public and private schools
having a curriculum generally equivalent to elementary or secondary
schools, and (2) special educational facilities in which students
who have physical or learning disabilities receive specialized
education in lieu of attending regular classes in a kindergarten or
grades one through twelve.
Semi-Nude means a state of dress in which clothing covers no
more than the genitals, pubic region, and areola of the female
breast, as well as portions of the body covered by supporting
straps or devices.
sexual Encounter Center means an establishment whose major
business is the furnishing of a location where customers either
congregate, associate, or consort with employees who engage in
"specified sexual activities" with or in the presence of such
customers, or who display "specified anatomical areas" in the
presence of such customers, with the intent of providing sexual
stimulation or sexual gratification to such customers.
,gg lWly oriented Business means an adult arcade, adult {
bookstore or adult video store, adult cabaret, adult motel, adult J
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motion picture theater, adult theater, escort agency, nude model
studio or sexual encounter center.
Specified Anatomical Areas means human genitals in a state of
sexual arousal.
specified Sexual Activitien means and includes any of the
following:
(A) the fondling or other erotic touching of the human
genitals, pubic region, buttocks, anus, or female
breasts)
(S) sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy;
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(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection with any
of the activities set forth in (A) through (C) above.
Sao. 28C-3. Classificatiou. 1
Sexually oriented businesses are classified as followat
(A) adult arcades;
(8) adult bookstores or adult video storest
(C) adult cabarsts;
(D) adult motelst
(E) adult motion picture theaters;
(F) adult theaterst
(G) escort agencies;
(H) nude model studios; and
(I) sexual encounter centers.
Saco 28C-4. Inspection.
(A) Any person who is operating, managing, or otherwise in
control of a sexually oriented business shall permit City
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representatives of the police department, fire depart- J
ment, health department, Building Official, and code 1
enforcement department to inspect the premises of a
sexually oriented business for the purpose of insuring
compliance with the law at any time it is occupied or
cb' ! open for business.
(B) A person who is operating, managing, or otherwise in
control of a sexually oriented business commits an
offense if the parson refuses to permit a lawful inspec-
tion of the premises by City representatives of the
police department, fire department, health department,
Building official, or code enforcement department at any,
time it is occupied or open for business.
(C) The provisions of this section do not apply to areas of
an adult motel.which are currently being rented by a
customer for use as a permanent or temporary habitation.
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Soo. 28C-5. Location of sexually oriented Businesses.
(A) A person commits an offense if he operates or causes to
be operated a sexually oriented business within 1,000
feet of any of the following, whether located within or
outside the corporate limits of the City of Denton:
9
(1) a boundary of a residential district, as defined in
this articles
(2) the property tine of a lot devoted to a residential
use,, , gs,.detinpA Jp this, a: }cle. . .
(3) a church. or rectory,,,,, }a deftnod 4-Ahia.A YY&ilX1
(4) a school, as defined in this articia;
(5) a day care or kindergarten, as defined in this
I article; or
(6) a public park or playgroundt.,,as. defined in this
article, if any portion of the park or playground,
i or a street abutting . any portion of . the. pairk or
playground, is within or abuts a residential dis-
trict.
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(B) For the purposes of Subsection (A), measurement shall be
made in a straight line, without regard to intervening
i structures or objects, from the nearest portion of the
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building or structure used as a part of the premises
where a sexually oriented business is conducted, to the
nearest property line of the premises of a church or
rectory, school, day care or kindergarten, or to the
nearest boundary of an affected public park or play-
ground, residential district, or lot devoted to a
a a:+ residential use.
(C) A person commits an offense if he or she operates or s
establishes, or causes or permits another to operate or
establish a sexually oriented business which is located j
within 1,000 feet of another sexually oriented business.
The distance between two sexually oriented businesses ;
shall be measured in a straight line, without regard to
intervening structures or objects, from the closest
exterior walls of the structures in which the businesses 4
are located.
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(D) A person commits an offense if he causes or permits the
operation, establishment, or maintenance or more than one
sexually oriented business in the same building, struc-
ture, or portion thereof.
Bea. 28C-S. Additional Regulations for sscort Agencies.
(A) An escort agency shall not employ any parson under the
age of 18 years.
(B) A person commits an offense if he or she acts as an
escort or agrees to act as an escort for any person under
the age of is years.
goo. 28C-7. Additional Regulations for Nude Model studios.
(A) A nude model studio shall not employ any person under the
age of 18 years.
(B) A person under the age of 18 years commits an offense if
he or she appears in a state of nudity in or on the s
premises of a nude model studio. It is a defense to
prosecution under this subsection if the person under 18
Years was in a rest room not open to public view or view
of persons of the opposite sex.
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(C) A person commits an offense if he or she appears in a
state of nudity or knowingly allows another to appear in
a state of nudity in an area of a nude model studio s
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premises which can be viewed from the public right-of-
way.
(D) A nude model studio shall not place or permit a bed,
sofa, or mattress in any room on the premises, except
that a sofa may be placed in a reception room open to the €
public.
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Sao. 28C-8. Additional Regulations for Adult Theaters and
Adult Notion Picture Theaters.
(A) A person commits an offense if he or she knowingly allows
a person under the age of 18 years to appear in a state
of nudity in or on the premises of an adult theater or
adult motion picture theater.
(B) A person under the age of 18 years commits an offense if
he or she knowingly appears in a state of nudity in or on
the premises of an adult theater or adult motion picture
theater.
(C) It is a defense to prosecution under this section if the
person under 18 years was in a rest room not open to
f public view or view of persons of the opposite sex.
F
Bee. 28C-9. Additional Regulations for Adult hotels.
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(A) Evidence that a sleeping room in a hotel, motel, or
similar commercial establishment has been rented and
vacated two or more times in a period of time that is 1
less that 10 hours creates a rebuttable presumption that
I~ the establishment is an adult motel as that term is J
defined in this article.
(B) A person commits an offense if, as the person in control
of a sleeping room in a hotel, motel, or similar commer-
cial establishment that does not comply with the location
requirements of Section 28C-5, he or she rents or sub-
rents a sleeping room to a parson and, within 10 hours
from the time the room is rented, he or she rents or sub-
rents the same sleeping room again.
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(C) For purposes of Subsection (B) of this section, the terms
"rent" or "sub-rent" mean that act of permitting a room
to be occupied for any form of consideration.
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Beo. 28C-10. Regulations Pertaining to Exhibition of
Sexually Explicit 'ilmc or videos.
(A) A person who operates or causes to be operated a sexually
oriented business, other that an adult motel, which
exhibits on the premises in a viewing room of less than
150 square fect of floor space, a film, video cassette,
or other video reproduction distinguished or character-
ized by an emphasis on matter depicting "specified sexual I
activities" or "specified anatomical areas," shall comply
with the following requirements:
(1) The establishment shall provide for one or more 1
manager's stations, none of which shall exceed 32
square feet of floor area. The manager's stations
shall be designed to provide a monitoring location
for the operators or employees of the establishment
during business hours and to excluda members of the
general public. The interior of the premises shall
be configured so that there is an unobstructed view
from a manager's station of every area of the
premises to which any patron is permitted access i
for any purpose, excluding rest rooms. Rest rooms
may not contain video reproduction equipment. If
the premises has two or more manager's stations,
then the interior of the premises shall be config-
ured in such a manner that there iu an unobstructed
view of each area of the premises to which any
patron is permitted access for any purpose from at
least one of the manager's stations. The view
required in this subsection must be by direct line
of sight from the manager's station.
(2) It is the duty of the owners and operator of the
premises to ensure that at least one employee is on
duty and situated in each manager's station at all
times that any patron is present inside any part of
the promisee.
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(3) It shall be the duty of the owners and operator, i
t and it shall also be thYom
uty of any agents and
!I employees present in the ises
, to ensure that
the view area specified subsection (1) remains
unobstructed by any doors, walls, merchandise,
display racks or other materials at all times that
c any patron is present in the premises and to ensure
I that no patron is permitted access to any area of
the establishment that does not have an unobstruct-
ed view from a manager's station.
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(4) The premises shall be equipped with overhead light-
ing fixtures of sufficient intensity to illuminate
every place in which patrons are permitted access
at an illumination of not less than one (1.0)
footcandle as measured at the floor level.
(5) It shall be the duty of the owners and operator,
and it shall also be the duty of any agents and
employees present in the premises, to ensure that
the illumination described above is maintained at
all times that any patron is present in the premis-
es.
(B) A person having a duty as provided in Subsections (1)
through (5) of Subsection (A) above commits an offense if
he or she knowingly fails to fulfill that duty.
Sec. 28C-11. Enforcement.
(A) Any person violating Section 2SC-5 of this article, upon
conviction, is punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00)4
(B) Any person violating a provision of this article other
than Section 28C-5, upon conviction, is punishables by a
fine not to exceed Five Hundred Dollars ($500.00).
(C) It is a defense to prosecution under Section 28C-5 or
28C-7 that the person appearing in a state of nudity did
so in a modeling class operated:
(1) by a proprietary school licensed by the State of
Texasr
(2) by a college, junior college, or university supported
entirely or partly by taxationr
(3) by a private college or university which maintains and
operates educational programs in which credits are
transferable to a college, junior college, or univer-
sity supported entirely or partly by taxationr or
(4) in a structure:
(A) which has no sign visible from the exterior of
the structur4 and no other advertising that
indicates a nuae person is available for viewing;
and
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(B) wheredentin order to participate in a class a stu-
must
enroll at least three days in advance
of the class; and
` (C) where no more than one nude m
premises at any one time, model is on the
(D) It is a defense to prosecution under Section 2SC-5 that
each item of descriptive, printed, film, or video material
offered for sale or rental, taken as a whole, contains
serious literary, artistic, political, or scientific
value.
(E) Each day on which a violation occurs shall be separate and
distinct violation.
Sea. 2ic-12. Amendment of this Article.
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Section 2SC-5 of this article may be amended only after
compliance with the procedure required to amend a zoning ordinance.
Other sections of this article may be amended by vote of the city
council without compliance with the procedure required to amend a
zoning ordinance.
SErr__ z~I~ That Section E ('Recreational and Entertainment ~
Uses') of the schedule of uses of article 7 of Appendix B - Zoning
3
is amended by adding "Sexually Oriented Business„ as a new use, t
provide as follows:
i
A t 3•► 1e~! F 0
■ 0e C ~ L1 e2 10
J
YYPE 'St
Se%UALLY oslingo ~
BUSINESS ii iii o + f r
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SECTIQN1 III, If any provision, section, sentence, clause or
phrase of this ordinance, or its application to any person or set
of circumstances is for any reason held to be unconstitutional,
void, invalid, or unenforceable, the validity of the remaining
portion of this ordinance or its application to other persons or
sets of circumstances shall not be affected thereby. It is the j
Intent of the City Council of the City of Denton in adopting this i I
ordinance, that no portion of it or provision or regulation
contained in it shall become inoperative or fail by reason of any
unconstitutionality or invalidate any other portion, provision or i
regulations.
SECTION 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-Chronicle, the official #
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage. t
PASSED AND APPROVED this the day of , 1990.
i
RAY STEPHENS, MAYOR E
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ATTESTS I
JENNIFER WALTERS, CITY SECRETARY I
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BYs I
APPROVED AS TO LEGAL FORMS j i
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY I
4/17 )/draftll
Page 15
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CITY
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM; Lloyd Y. Harrell, City Manager
SUBJECT: Speed Zoning of Bonnie Brae from Scripture
to Highway 77
RECOMMENDATION;
Approval
;
SUMMARY:
This request is for an ordinance for speed zoning of Bonnie
Brae from Scripture Street to Highway 77. Traffic Safety {
Commission approved 3U mph from Scripture to Panhandle street,
35 mph from Panhandle street to the north property line of the
K-Mart premises, ano 40 mph the rest of the way to Highway 77. S
BACKGROUND: y
The street used to be zoned 20 mph from Scripture to Panhandle
street and 30 mph the rest of the way. It used to be four
lanes from Scripture to Panhandle and two lanes from there to
Highway 77. It has been widened to four lanes undivided up to
Riney Road,
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED:
Engineering and Traffic Division, City of Denton Police
Department
FISCAL IMPACT:
None. New signs will replace some of the existing signs which
will be reused elsewhere.
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January 29, 1990
page 4
e ITEM 19 SPEED ZONING OF BONNIE BRAE FROM SCRIPTURE TO HWY 77:
The paving and drainage improvement project on Bonnie Brae street
from Scripture to Riney Road is now complete. This section of
Bonnie Brae is now a four-lane undivided roadway. The existing
speed limit is 30 miles per hour.
Two specific areas need to be addressed in this request. The first
is the section of Bonnie Brae bounding McKenna Park on the west side
and lies between Old Bonnis Brae and Panhandle Streets. In
anticipation of the widening of Bonnie Brae and coupled with its
function as a major arterial, this section of Bonnie Brae has been
upgraded to 30 miles per hour speed limit instead of 20 mph as per
City Code of Ordinances, See attached minutes of May 2, 1988
meeting. This request seeks to adopt the 30 mph speed limit for
this section as approved.
The second area is the section of Bonnie Brae around the Windsor
intersection that bounds North Lake Park on the west. A 20 mph
speed limit in compliance with the City Code of ordinances will
adversely impact traffic on this section and ultimately result in
aberrant responses from the motoring public. Staff is requesting
that this section be also s)oned 30 mph. Accident, history has been
researched for this area and no accident has been recorded for the
area. The members of staff of the Parks and Recreation Department
are in full support of this request and they say there is hardly any
recreational activity taking place in that area of the park.
A radar speed survey has been conducted by staff on Bonnie Brae from
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Panhandle to Highway 77. The 85 percentile speeds are as follower 1
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46 mph between Panhandle and US 380 J
47 mph between US 380 and Windsor Drive, andp
_I 47 mph between Windsor and Highway 77.
~ Staff is proposing maximum gipped limits on Bonnie Bra* as follower ,i
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BEGINNING from Scripture street to its intersection with I
Panhandle street for a distance of 1,000 feet, 30 mphf
1
THENCE continuing northward to a point 700 faet south of US I 1
3Q.'for a distance of 2,304 feet, 40 mphf 1
I
THENCE continuing northward to a point 644 feet north of US
r iI 360 for a distance of 1,420 feet, 30 mphf
I THENCE continuing northward to a point 6:0 feet south of
Windsor Drive for a distance of 2,500 feet, 40 mphl
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January 29, 1990
page 5
THENCE continuing northward to a point 300 feet north of
Windsor Drive for a distance of 900 feet, 30 mph, andr
I
THENCE continuing northward to its intersection with Hwy 77
for a distance of 5,441 feed 40 mph.
II„ ~
',t I The total distance is 2.55 miles and the speed limits are for
bath directions of travel.
Staff recommends approval.
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CTSSC MINUTES
+ February 5, 1990
page 6
ITEM 49 SPEED ZONING OF BONNIE BRAE FROM SCRIPTURE TO HWY 77t
Paul Iwuchukvu presented the request. He said the paving and
drainage improvement project on Bonnie Brae street from Scripture to
Riney Road is completee This section of Bonnie Brae is now a
four-lane undivided roadway. The existing speed limit is 30 miles
per hour.
The first area of Bonnie Brae at Mclenna Park on the went side lies
between Old Bonnie Brae and Panhandle Streets. In anticipation of
the widening of Bonnie Brae and coupled with its function as a mayor
arterialp this section of Bonnie Brae was upgraded to 30 miles per
hour speed limit instead of 20 mph as per city Code of Ordinances.
The second area is the section of Bonnie Brae around the Windsor
intersection that bounds North Lake Park on the west. A 20 mph
speed limit in compliance with the City Code of Ordinances will
adversely impact traffic on this section and ultimately result in
aberrant responses from the motoring public. Staff is requesting
that thin section be also zoned 30 mph. Accident history has been
researched for this area and no accident has been recorded for the
area. The members of staff of the Parks and Recreation Department
are in full support of this request and they say there is hardly any
recreational activity taking place in that area of the park.
A radar speed survey has been conducted by staff on Bonnie Bras from
Panhandle to Highway 77. The 85 percentile speeds are as followss
46 mph between Panhandle and US 380
47 mph between US 380 and Windsor Drive, ands
47 mph between Windsor and Highway 77.
Staff proposed maximum speed limits on Bonnie Brae as follow as
BEGINNING from Scripture street to its intersection with '
Panhandle street for a distance of 1,000 feed 30 mph
THENCE continuing northward to a point 700 feet south of US
380 for a distance of 21304 feet, 40 mphl
I
THENCE continuing northward to a point 644 feet north of US
380 for a distance of 1,420 feet, 30 mphl
THENCE continuing northward to a point 600 feet south of
Windsor Drive for a distance of 2,500 feet, 40 mphs
THENCE continuing northward to a point 300 feet north of
Windsor Drive for a distance of 900 feet, 30 mph, ands
THENCE continuing northward to its intersection with Hwy 77
for a distance of 5,441 feet# 40 mph.
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CTSSC MINUTES
February 5, 1990
page 1
The total distance is 2.55 miles and the speed limits are for both
directions of travel.
Erwin said he believed there would be too much variation in speed
making it difficult to enforce.
Dotson agreed. He said it would be much easier to enforce if there
was one speed.
Smith said one slows dawn upon approaching an intersection and 30
mph would be appropriata at these locations,
Amador said he travels this section every morning at an average
speed of 35 mph.
Erwin said 35 mph would be much easier to enforces
Iwuchukwu said if the speed is posted less than 40 mph it would
inconvenience the general public, based on prevailing speed as
measured by radar. The 85th percentile speed is 47 mph. Some
people are driving 60 mph. Reducing it further would be an
' unwarranted deviation from the habit of the normal and prudent
driver.
Erwin asked if the 30 mph zone would also be placing a hardship on
the drivers- Iwuchukwu said this zone would be for a very short
' distance approximately 870 feet- There would not be many speeders
in that short distance.
Iwuchukwu said that today a design engineer working for the City or
any employer can lose their license if, engineering principles and
guideliner are not complied with. It used to be mostly the
j employer's responsibility but today it is equally the engineer's-
Based on engineering guidelines, a mated speed limit should be
witLin plus or minus 7 mph of the a nsured 85th percentile speeds
:ne Commission may recommend otherwise subject to approval by the
City Council.
STAFF RECOMMENDEDt Approval of proposed maximum speed limits
` COMMISSIONERSt Doug Chadwick made a motion to post a 30 mph speed limit from
Aliptura to Panhandle, 35 mph speed limit from Panhandle to
the north property line of the K-Mart property, and 40 mph
from the north property line of the K-Mart property to Highway
71. John Erwin seconded the motion. Motion passed
unanimously.
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EXHIBIT 1 - SPEED LIMITS ON BONNIE BRAE
The maximum speed limits on Bonnie Brae Street, as approved by
f the Citizen's Traffic Safety Support Commission are as follows:
i
Beginning from Scripture Street, to its
intersection with Panhandle Street for a
distance of 1,000 feet, 30 mph,
Thence continuing northward to a pint 644 feet
north of U.S. Highway 380 for a d0tance of
31724 feet, 35 mph, ands
Thence continuing northward to it's intersection p
with Highway 77 for a distance of 8,841 feet, 40
mph.
The total distance is approximately 2,5 miles and the speed
limits are for both directions of travel.
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ORDINANCE NO.
AN ORDINANCE ALTERING SPEED ZONES ON BONNIE BRAE STREET FROM
SCRIPTURE STREET TO U.S. HIGHWAY 77 FOR A DISTANCE OF 2.5 MILESI
PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS
($200.00); PROVIDING A SEVERABILITY CLAUSEI AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi
SECTXON_3.L That based upon an engineering and traffic
investigacion heretofore made as authorized by the provisions of
Tex. Rev. Civ. Stat. Ann., art. 6701d 1169 (Vernon 1977), the
following speed limits are hereby determined and declared to be
prima facie the maximum reasonable and safe speeds for north aiA
south bound traffic on Bonnie Brae Street from Scripture Street to
U.S. Highway 77, and such speed limits are hereby fixed for
vehicles travelling upon the following portions of Bonnie Brae
street, and parts thereof:
I
(a) Beginning from Scripture Street, to its inter-
section with Panhandle Street for a distance of
11000 feat, 30 miles per hourl 3
(b) Thence continuing northward to ,i point 644 feet
north of U.S. Highway 3E0 for a distance of
3,724 feet, 35 miles per hour, ands
(c) Thence continuing northward to its intersection
with U.S. Highway 77 for a distance of 8,841
feat, 40 miles per hour.
1i
SECTION.II.L That any person violating any of the provisions
of this ord.►nance shall, upon conviction, be fined a sum not
exceeding 4v,j Hundred dollars ($200.00) ; and each day and every day
that the previsions of this ordinance are violated shall constitute
a separate offense. This penalty is in addition to and cumulative
of, any other remedies as may be available at law and equity.
SECTION iii. That if any section, subsection, paragraph,
sentence, clause, phrase, or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
I SECTION IV. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
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Secretary is hereby directed to cause the caption of this ordinance
3 to be published twice in tho Denton Record-Chroniole, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
i
` PASSED AND APPROVED this the day of
i ~ 1990.
~ f
f RAY BTEPM--S, MAYOR j
J,
f
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
BYI
. I
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYt
29036.ORD
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`ciTY of ORNTON ! 215 E. MCKlnney / Denton, Texas 76201
f MEMORANDUM
I
DATE: April 11, 1990
I
~ T0: Rick Svehla, Deputy City Manager
FROM: Jerry Clack, Director of Engineering/Transportation
SUBJECT: Bonnie Brae -
No parking
The Traffic Division has completed public -ontact and analysis
of the area between Panhandle and Highway 380, No parking
currently exists on Bonnik± Brae from Scripture to 135. South
Bonnie Brae South
with borrow ditches also has no parking. We feel +
without a no parking zone between Panhandle and Highway 380
serious safety issues with liability would exist.
The following describes the response and existing
configurationL, as affected by the proposed ordinance, parking
1. 818 Bonnie Brae - Olga 3auls, Resident - No Parking - OK
car -veway garage that will store 6 cars
2. 902 Bonnie Brae - Grover Henson, Resident - No Parking - OK
' scar r ve garage that will store 6 cars
3. 910 Bonnie Brae - Glen McBride, Resident - No Parking - OK
car r ve garage that will store 6 cars 1
4. 916 Bonnie Brae - Ed Schoenthal, Resident - No answer by
s t or p one m
v essage
2 car drive/garage that will store 6 cars
s
5. 924 Bonnie Brae - Marlin Wilson, Resident
Has rontage on Linden with sidewalk access
6. 1002 Bonnie Brae - Albert Harpool, Resident
as ran age on Linden with side?walk access
7. 1008 Bonnie Brae - Danny Whitaker, Resident - No Parking -
NOT ACCEPTABLE. Access to Linden street available
approximately 80' using sidewalk 1
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I Bonnie Brae, 'No Parking' - 2
` 8. 1014 Bonnie Brae - James Mahoney, Resident-No Parking - OK
car drive/garage that will store 6 cars
9. 1020 Bonnie Brae - Mel Sumrall, Resident - Out of Country
daughter contacted who prefers parking remain
2 car drive/garage that will store 6 cars - has access to
Crescent street using sidewalk 80' away
k
10. 1026 Bonnie Brae - Nelta Bahnsen, Resident
Aas rf onage on crescent with sidewalk access
I ` 11. 1218 Bonnie Brae - Betty McNett, Resident - No Parking - OK
IIII car drive/garage that will store 6 cars - house fronts
on Emery street
12. 2437~Emery - Linda Casias, Resident
Hasnta'ge on Emery with sidewalk access
13. 2423 Panhandle - Olive Wadley, Resident
Has frontage on Panhandle with sidewalk access
i ,
14. 1100 Bonnie Brae - Jehovah Witness Hall
f~ Has frontage on Crescent with sidewalk access
? In conclusion, six of the eight residents approve 'no parking'
on Bonnie Brae street. The area has excellent side street
access with Panhandle# Linden, Cresent, and Emery. The side pp
streets are also accessible using the new sidewalk installed I
E with the Bonnie Brae project. Residents having access to those '
streets were considered to have other acceptable parking
options and were not contacted.
The driveways and garages in the area provide storage for
° approximately 6 cars in the driveway and 2 in the garage. A
We strongly recommend, for safety reasons and to properly
utilize the capacity of 4 lanes constructed with the Bonnie
Brae project, that 'no parking' be approved for the entire
length as submitted,
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2911L
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING
OF VEHICLES ON BOTH SIDES OF BONNIE BRAE STREET, FROM OLD BONNIE
BRAE STREET TO U.S. HIGHWAY 77; PROVIDING A SEVERABILITY CL.IUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DE- J
rF CLARING AN EFFECTIVE DATE. I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. When signs are erected giving notice thereof, no
person s'io park a vehicle at anytime upon the following street
or portion thereof, in the City of Denton, to-wit:
Both s'.des of Bonnie Brae Street, from Old Bonnie Brae
Street to U.S. Highway 77.
SECTION II. That if any section, subsection, paragraph,
sentence, c auae, phrase or word in this ordinance, or applica-
tion thereof to any person or circumstance is held invalid by
any court of competent ,jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby
declares it would have enacted such remaining portions despite I
any such invalidity.
SECTION III. Any person who shall violate a provision of
this orance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereu.ider, shall be guilty of a misdemeanor punishable by a
fine not exceeding Two Hundred Dollars ($200.00). Each such
person shall be deemed guilty of a separate offense for each and
every day or portion thereof duving which any violation of this
ordinance is committed, or continued, and upon conviction of any I
such violations such person at-all be punished within the limits I
above. gg
i
SECTION IV. That this ordinance shall become effective
fourteen (14) d aye from the dale of its passage, and the City p
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 pas:age.
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PASSED AND APPROVED this the day of 1990.
4
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ATTEST:
JENNIFER O CITY SM7rrM
APPROVED AS TO LECAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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CITY OF DENTON
MEMORANDUM
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' DATE: April it, 1990
TO: Mayor and City Council
FROM: Lloyd V. Harrell, City Manager
i
j SUBJECT: TEMPORARY CLOSING OF CONGRESS STREET FOR "COUGAR DAY"
COMME'NQATION:
i
j That Council approve the Resolution Temporarily Closing Congress
I Street Between Alice Street and Denton Street On Friday, May 4,
19901 and Providing an Effective Date.
MUM- eY E
The A.D. Calhoun Junior High School PTA, in conjunction with the
Calhoun Junior High School Administration has requested the
closure of Congress Street between Alice Street and Denton
Street, on Friday, May 4, 1990, between the hours of 3:00
and 7:00 p.m. The only residents, businesses and/or property
owners that are affected by the street closure is the Denton
E I
j Independent School District, They have been contacted and have f
signed in favor.
Both Fire Chief John Cook and Police Captain Jim Dotson have been
contacted about the closure and concur with the recommendation to
approve the resolution.
F
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Prepared By: Josue Nava Jr.
Approved By: Lloyd V. Harrell,ACitytManagertr1e City Manager
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2929L
RESOLUTION NO.
1
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, MAY 4, 1990; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on Friday, May 4, 1990, Calhoun Jr. High PTA is spon-
soring the annual Day of the Cougar fundraising event, to b,! held
on Congress Street between the intersection of Alice Street and
Denton Street; and
WHEREAS, all property bordering Congress Street between the
intersection of Alice Street and Denton Street is the property of
Calhoun Jr. High; and
WHEREAS, the Day of the Cougar fundraising event is open to
the general public of the City and County of Denton; and
WHEREAS, in order to provide adequate space for the said fund-
raising event and in order to protect the safety of citizens who
attend, the City Council of the City of Denton deems it is neces-
sary to temporarily close a portion of Congress Street between
Alice 00 p.m. on Fr days May 4, Street 1990fr NOW, t INEREFORE,f 3,00 p.m. until i
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
' I
` SECTION 1. That the portion of Congress Street between Alice
Street and Street shall be temporarily closed as a street
or public thoroughfare of any kind or character whatever On Friday, I
May 4, 1990 from 3:00 p.m. until 7:00 p.m. for the purpose of
` holding the Day of the Cougar fundraising event. i
I SECTION II. That the City Manager shall direct the appropriate
City apartment to erect barricades at Congress Street, from its I
removed intersection
have to its
intersection with o 1 and to Street
at 7:00 p.m.~ton
Street, at 3x00 p
!I on may 4, 1990.
4 SECTION III. That this resolution shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
RAY STE11111 I "I': )x
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ATTEST:
JENNIFER WALTERSO CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY j
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BY:
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REQUEST FOR STREET CLOSURE
Organixa on requesting street closure diAngn, /L,
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Contact Person: 5. T Aue-5
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Address: 7r/ 6 C, 617C9
Phone Number: Street To Be Closed:_- LVAelttSc,
Date and Time To Be Closed:_ 3.'oo an
I tersecting streets: 0- P
fi (10f 4
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J Reason For Closure:
Please complete the bottom portion of this form. residents
and/or businesses affected by the street closure M= be
contacted and sign below with an indication of being in favor I
or in opposition to the street closure.
e
NAME AUTHORIZED
BUAINESA
§IGNAVIRZ EAVOA/OPPOSE.
1.
' ss atant r nc pa
2.
3. -1J-&aA S60
Assistant Superintendent, Denton Independent School District
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April 17, 1990
CITY COUNCIL
AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM; Lloyd Y. Harrell, City Manager
I ;
SUBJ: CONSIDER "LETTE.' OF INTENT" REGARDING THE HARTLEE
i
FIELD WATER STORAIL RESERVOIR.
RECObi4ENDATION;
i
Staff recommends approval by the Council of the "Letter of
j Intent" and requests authorization to proceed with
if development of the Hartlee Field Water Storage reset air
as indicated by the project schedule provided in the letter,
SUMm" Y;
A neighborhood meeting was held on January 18, 1990, in the
Civil Defense Room at City Hall. The purpose wa~ to
coordinate project activities and to encourage input from
i the neighbors concerning plans for site development. Those
J{ neighbors in attendance provided some very valuable
suggestions and expressed some serious concerns.
Subsequently, the neighbors selected a representative,
Wayne Dockery, and presented their concerns to the Public
Utilities Board (PUB) 'at the Capital Inprovemerts Plan
(CIP) Public Hearing on Wednesday, Febru f
ar
nex 7.
t regular meeting y At their dir on Tuesday, February 13 t ~
ec he
tad $
the staff to design , oard
tanks
and to cover the pumps as needed forinoiset control.
The neighborhood also expressed their concerns to the
Planning and Zoning (P&Z) Commission at the CIP Public
H
also
earing for General Government improvements. They have sou Buddy Cole,t ands Jearssistanc of their County. Chairman, Governmental
sAffairs
Committee, Chamber of Commerce.
The PUB and the P$Z Commission have met to consider the f
situation and have indicated their recommendations to the
council via resolutions, memorandum's, etc.
The staff has continued to work with the neighborhood and
met with Wayne Dockery and others on several occasions. On
Thursday, Apcll S, the staff met with the neighbors in the
workshop of Mr, Dobson. The "Letter of Intent" was
discussed, formulated and adopted by a 22-1 majority of the
neighbors present. Attached as Exhibit I and Exhibit II
are the PUB and P42 actions regarding this project
.
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BACKGROUND:
The booster station is one portion of a treated water
delivery system. The major components include:
- Lake Ray Roberts (Water supply)
- Water Treatment Plant at Lake Ray Roberts
- Transmission Main (Plant to Denton)
- Booster System
- Distribution System Improvements
- Upper Trinity Regional Water District (UTRWD)
Regional Interconnect (Denton to Southern
Cities)
This system is intended to provide service for cities and
water supply agencies throughout northwestern Denton
County. Service will be provided via the recently formed
Upper Trinity Regional Water District. Water will be
introduced into the City of Denton's water distribution
system at the required volume and pressure. Some water
will be "wheeled" through Denton's system to serve cities
in southern Denton County, i.e. Argyle, Lewisville, Corinth j
and Bartonville Water Supply Corporation.
According to the most recent Utility Forecast, the water 3
treatment plant is needed by April 1993. The transmission +
main and booster station must be complete for Denton to
realize the benefits of the plant, i
The booster station was scheduled for 1991 in order to
~ relieve Denton of its current shortage of ground storage
facilities. The project is now scheduled for completion in
f 1991 pending the City Councils approval of the Letter of
Intent."
FISCAL IMPACT: i
Increased construction cost due to possible delays and
annual inflation rate.
PROGRAMS.DEPARTMENTS OR GROUPS AFFECTED:
} Denton Municipal Utilities, Citizens of Denton, Hartlee
j Field Road Neighbors, Freese Nichols, Engineers, ffi
I ~
Respe. ully Su )M) tted,
WOOF a City
Manager
Prepared/Approved by,
I
EXHIBIT I: Letter of Intent
II: Resolution-PUB
€€€4 a so , xecut ve rector III: Minutes PUB Mtg 3/2/90
Department of Utilities IV: Minutes P&2 Mtg. 2/28/90
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CITY OF DENTDN
LAKE RAY ROBERTS TREATED WATER SUPPLY SYSTEM
HARTLEE FIELD ROAD BOOSTER PUMP STA rION
3 Neighborhood Coordination {
Statue Report & Project Design & Operation Intent
j April 9, 1990
r
BACKGROUND & PURPOSE
i
An initial neighborhood coordination meeting was held on January
18, 1990. Since then, many additional parties have become 1
Interested in the project Including neighbors not present at the
i
initial meeting, community groups, Denton County representatives {
and many citizens of Denton. Several presentations have been made
by different people regarding this project. The purpose of this report
Is to address, in writing, the neighborhood's concerns and to provide #
vufficlent Information about the project so that the City Council
may make responsible decisions regarding the development of the
Hertlee Field Road Booster Pump Station and Underground
a
~ Reservoir.
II. SCOPE I
This report addresses those neighborhood concerns expressed by
Wayne Dockery who is the neighborhood representative. A meeting
was held on, Tuesday, March 13, 1990, and moderated by Mr. Jerry
{
Cott of the Chamber of Commerce Governmental Affairs
Committee, Buddy Cole, County Commissioner, Bob Nelson,ii
Executive Director of Utilities, Bob Pence and Mike Nichols of 1
Freese and Nichols, inc., Petty Kent, end Lee Allison, Utility 1
Engineering Administrator, were present, ,
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EXHIBIT
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III. DESCRIPTION JF CONCERNS, RESPONSE A14D STATEMENT OF
i
CONDITIONS AND INTENT.
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A. Underground Tanks/Covered Pumps
t,
The PUB passed a resolution directing the staff to design
underground tanks for the site. The tanks will be "nestled" i
Into the aide of the hill and bermed to cover the exposed side
i
such that only approximately 18" of the top edge of the
reservoir will be visible.
The PUB also directed the staff to construct a building over i 1
the pumps to prevent pump noise from affecting the
surrounding area. This will be accomplished by constructing a
building over the pumps. This building will architecturally have 1
1
the appearance of a high quality modern residential home
similar to the homes in the nearby neighborhood. The Addison
Booster Station designed by Ginn, Inc., is a good example.
B. Pump Noise
Insulation will be applied to the motors and the building to I
I
minimize noise. Mr. Dockery hoe visited a pump station in the
Town of Addison and is satisfied with their level of noise
i abatement. Denton will use design features to provide equal or
better noise abatement.
Mr. Dockery did note that an unusually loud noise occurred ~
during pump start-up. According to the design engineer,
Wayne Ginn, this noise was d.. - air release which results
from the Addison pumps being located above the level of the
water in the tanks. which caused negative suction pressure. i
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With such a design, air enters the piping when the pampa are
not running and then must be released upon startup. a
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Denton will not experience this problem because the pumps
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I will be below the water level and, therefore, have positive
auction prresure.
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rr C. Adequate Funding
I {
E Mr. Dockery indicated the neighborhood is concerned that
{ inadequate funding could jeopardize any commitments to the
neighborhood if bide are higher than expected. E
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While It Is Impossible to project the exact future cost of
capital improvements, the staff has included significant
contingencies to account for reasonable increases in cost. The
preliminary design report for construction of the eite, which d
Included landscaping, underground tanks and a building over
the pumps was $205UB,196. Since $2,970,000 has been
budgeted for the project, there Is $461,804 allowed In the
budget for inflation and other contingencies, k
Mr. Dockery expressed that the neighborhood was desirous of e
commitment from the Council to commit to funding the
j project as herein outlined, even if bids come In higher than the
$21970,000 budgeted. Although the staff believes that
I! sufficient contingency funds are available, the City would !
hereby pledge to not proceed with the project until sufficient
funds are available to complete all portions of this first phase.
D. Residential Development of Surrounding Area. j
Mr. Dockery expressed that tho neighborhood also wanted a
Resolution from the City Council end the
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Planning and Zoning Commission affirming their Intention that
the surrounding area be developed in accordance with the
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Denton Development Plan and in a manner compatible with
j the existing high quality of residential development.
,rte 1h,3 current Denton Development plan does address this
concern; however, the best assurance available at present is
for the neighborhood to remain aware of any changes to this
plan or any future zoning that might occur and seek the
appropriate forum in which to address those concerns when
they arise. The City Council only has zoning jurisdiction over }
areas inside the city limits. For the Council to exercise
zoning control over the area, annexation into the city would be
neceasdry.
E. Property Value Reductions due to the Nelghbor's Perception
that this Facility is an Industrial Facility.
With the city committed to developing the site in a manner
I that Is architecturally end aesthetically compatible with the t
4 neighborhood as outlined In this document and with normal
neighborhood vigilance regarding future zoning and
development, this concern should be minimized. Underground
water facilities and reeldentiel neighborhoods are often
mingled together In cities around the metroplex, and all across
the country, and in such areas there has been no indication of
property devaluation. Therefore, it is not expected than any
devaluation will occur as proposed herein.
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F. Chemical Handling Facilitles/Safety.
The facility will be designed in accordance with all Texas
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Department of Health standards which will include
containment areas, monitoring, alarm systems and professional
state certified operators. The chlorine will be stored and
E handled in a closed, protected and monitored containment
room. Chlorine scrubbers will be included to remove any
chlorine from the containment room should a leak occur and
thus prevent any discharges of free chlorine to the
atmosphere. The scrubber will be sized to neutralize the
entire contents of a one ton container. Similar containment I
and scrubber facilities will be included for the ammonia. An
audible/visible alarm system will be included to alert
neighbors if gases should escape from the containment.
j Mr. Dockery noted that the Environmental Protection Agency
requires an evacuation plan for any facility which stores more
{ than 100 pounds of chlorine. This is correct, and such an
evacuation plan would apply to an area where the escaped
3 chlorine could travel in ten minutes. However, since this
facility will have monitoring, alarm, containment and
scrubbing facilities, such a plan is not required.
G. Site Access
I Mr. Dockery expressed that the neighborhood believes that the
site would have much less Impact on the neighborhood, if site j
access were from Sherman Drive vs Hartlee Field Road. The 1
city believes that site
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access from Sherman Drive Is an excellent Idea and
pledges to follow the neighborhood suggestion. This can
be accomplished by either one of two alternatives:
1. Obtain one-half of the right-of-way for future city
street and construct temporary drive.
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2. Construct temporary drive on existing utility easement.
j IA. Attractive Landscaping.
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The city Is committed to providing aesthetically pleasing
landscaping for the project. The city will invite three (3) }
neighborhood representatives to work with the City's Park and
Planning Departments landscape specialists to assist with the
I landscape design. The landscaping design will meet all of the
city's beautification requirements. The representatives will
help review landscaping items such as entry deal9nr tree and
1
shrubbery selection and placements ground cover, Irrigation
needs, fencing, paint, brick, etc. The Utility Department will
! Increase the line item amount in the preliminary engineering
report for landscaping to $60,000 from $25,000. This Item Is
for the purchase of materials only. Related costs such as j
labor, fencing, earthworks, etc., are included In the other
j items of work and contingencies.
!
I`I 1. Future Site Maintenance.
{f Mr. Dockery expressed that the neighborhood was
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concerned about the future maintenance of the facility. The
City Prater Department has a long history (and prides itself) on
{ maintaining its facilities in an excellent manner and pledges to
maintain this facility In the same high quality manner.
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The city invites the neighborhood to tour the city's water
i plant to see an example of how the city maintains its water
system facilities. Other examples of the city's commitment
to quality maintenance can be seen at its city parka and city
j hall. It Is also noted that the annual "Keep Denton Clean"
campaign Is also a city led effort which Is another example of t
the city's present and historical commitment to keeping the
city, in general, and Its facilitiea, specifically, well maintained. i
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J. Neighborhood Trust
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j In order to assure the neighborhood of the city's commitment
j to a quality project design, the city Invites a representative
group to be a part of the Utility Department's design quality f
control team to asnlst In reviewing the design plans for this
1 project.
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I K. Miscellaneous Issues
L 1) Dust control during constructions {
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The construction contract will Include provisions for duet i
Ij control.
2) Fire hydrant on Hartlee Field Roads
A fire hydrant will be installed on Hardee Field Road to
4 facilitate county fire fighting activities.
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3) Future tennis courtar
Since the Perks Department hopes to have a much more
comprehensive recreational center In the nearby area,
which may include tennis courts, the present tanks will
not be designed for future tennis courts. However, this
option could remain open for one of the future tanks.
kasj 4) Construction accessr
The temporary road from Sherman Drive will be used for
i access to the site construction.
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5) Hertlee Field Roadn
Will be used for access during pipeline construction. The
City will rework the base and apply new asphalt on the
~ existing pavement section from Shermer+ Drive to the f
I entrance. The City will also make pavement repairs
I during construction from the time the pipeline
construction begins until the repaving is complete.
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L. Project Schedule
The following Is the present estimated project schedule.
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I. Review this letter with the City Council and obtain their approval
of the design concept and commitments listed herein.
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Current Revised
04/03/90 04/17190
2. Plattingi
I e. Development Review Committee 04/05/90 04/26/90 i
b. Planning and Zoning Commission 04/18/90 05/09/90
c. City Council 05101190 05/15/90
h d. County 05/07/90 06/04190
3
3. Designs
j a. Amend engineering contract (PUS/CC)) 04118/90 05/16/90
II b. Amend engineering contract (Council) 05101190 06105190
C, Quality control reviews/designs 05/01190 06105/90
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to
10/01/90 11/01/90
d. Release plans for bidding 10/01/90 11/0l/90
4. Construction Contract
of Receive bide 12/04190 01/31/91
b. Award contract-PUB 12/19/90 U212U/91 w
c. Award contract-City Council 01108191 02/26/91
d. Process contracts 01108191 02126/91
to
02/13/91 03/27/91
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50 Construction
a. Monthly Progress Meetings/ 02/13/91 03/27191
Construction to
01/15/92 03/01/92
b. Final Inspection 01131/92 03/15/92
co Startup and Calibration 01/31/42 031115192
to
03/31/92 05115/92 j
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i This project is currently on hold, pending conslderstion by the City
Council on April 17thp 1990. The abbreviated schedule given above
i indicates some of the opportunities the neighbors will have to
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~ review the project progress. Dates are subject to approvals listed
above.
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6729Uil-B-Revised 4`9190 J
PAGE 10
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RESOLUTION
WHEREAS, The utility Department of the City of Denton, with the
concurrence of the public Utilities Board, has
serve the current andofuture tneeds eofmthe citizens Of
Denton; and,
WHEREAS, An integral and necessary part of the water treatment
system is a b0ostOr pump station located approximately
the northern primary treatment mofttheaexisting kwater
midway Rouerts between the
transmission and storage systems and,
I WHEREAS, The Booster Pump Station will consist of three below
grade concrete reservoirs having a total capacity of
twelve million gallons, six underground vertical
i turbine pumps powered by 350 horsepower above ground
electric motors, and equipment and storage for chlorine
and ammonia treatment as required by state law. The
reservoirs will he located on the north slope of the
pumping a andsa alt atment
essentially designed . to provide
essentia ally
equipment and storage will be enclosed in a substantial
building of residential character complying with the
I City of Denton architectural standards for municipal t
buildings; and,
WHEREAS, The Public Utilities Hoard included the Booster Pump
Station in the 1988 Five Year Capital Improvements Plan
for Utilities which was forwarded to tha Planning
Zoning Commission for inclusion in the City of Denton
five Year subsequently approved by Improvements vCity tCouncill plan, andr which was
I v ~ 1
f WHEREAS, The Public Utilities Board recommended and the City
Council approved the amploymont of a consultant to
research and recommend possible sites for the Booster i
Pump Station. The consultant presented six (6) sites
which would satisfy the engineering requirements of the i
I facility. The consultant also presented cost estimates
of the Construction costs for the infrastructure
required to serve each site (36 inch and 48 inch pips ± j
lines to and from the sited. Predicated on the
engineering considerationsr and the construction and
land costs, it was determined that the Hartle* Field
Road site was the best locations end, ded the
Booste WHEREAS, Stationllocatedlonlsettleedfield uRoad in the ive Year
capital Improvements Plan for utilities which was
subsequently approved by the City Councils and
The Public Utilities Board recommended and the Planning 1
WHEREASr and Zoning Commission approved in accordance with
Article k, Section 10.05 of the city Charters the
purchrse of fifteen (151 acres of land representing the
which has site on Hu tlCouncild auRoad at a thorized tthelpurchase
501500. The City I
0 which h ha has been concluded and title now teats with the
citizens of Denton; ands
WHEREAS, The Utility Department is prepared to proceed with
reparation of a preliminary plat for the site for
submission to the Director of Planning in accordance
with Subdivision Reg.'.ations Part to Article 13.03 and f
authorize the design engineers to proceed With the
contract documents and specifications fur the Booster d
Pump Stations ands
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EXH1B1T..,,:,,:?,1L`xx.
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WHEREASr The Utility staff conducted a neighborhood meeting of the ros[its in roxi to the
eito~etit was determined thattthe residentsmhad several
concerns an follows'
r. aThe roximity nd hom s And of a tperceivedt lessening to their prothoiperty
t value.
b. The above ground steel tanks as proposed.
C. The noise generated by the pump motors.
~ d. The storage of chlorine and ammonia at the site.
e. The cbatactac of the installation.
f. The traffic generated.
WHEREAS, The Public Utilities Board and the Planning and Zoning
commission conducted a joint Public Hearing to receive j
public input concerning the Booster Pump Station. The ,
concerns appeared at this meeting and expressed their
concerns ar outlined above) and
WHEREAS, The Public Utilities Board, at a meeting on February 1
170 1990, revised the plans for the Booster Pump
station to include
instead of the abort below grade concrete
originally }
proposed) and, 11
' WHEREAS, The action of the Planning 28 an Zoning Cocommendi issio that
II their meeting on February
alternative sites be researched has effectively halted
progress on this project and jeopardises expenditures
)i for land, engineering, and tesearch already model and,
WHEREAS, Alternative sites could very wall entail excessive cost f
for land, higher consttuction costs, delay of much
needed water storageit and everyconsiderable a ditional
enginaerinq coots.
similar objections by adjacent property owners at other
sites will occur.
WHEREAS, The facility ee proposed will assure that the site will
be free of observable structures with the exception of
the equipment enclosure which will be a substantial
The entire site
structure, residential in character.
will be extensively landscaped and maintained by the J
Utility Department. The site will be secured which
will prevent illegal dumpinq which is now a problem.
Thane is further possibility of the site being used as
a public peck in the future) end,
WHLRLAS, The pumps and motors contemplated for this installation t
m wt to carefully balanced for proper operation and are 1
m inlet0ntly vary quiet is compared to reciprocating
en4!nes such as diesel or gasoline engineer andr
WHEREAS, The traffic genera tad by this installation will consist
of a single vehicle once a day and a truck delivering
supplies once each three months) and, }
WHEREAS, The treatment of domestic water supplies with chlorine
and ammonia is mandated by state and federal law.
Storage and use of these gases is strictly controlled b
to assure maximum safety) {
PALL g
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NOW, THEREFORE, BE IT RESOLVED BY THE PUBLIC UTILITIES BOARD OF THE
CITY OF DENTON, TEXAS, that the design and construction of the
facility known as the 'Booster Pump Station' to be located on a site
i owned by the City of Denton on Hardee Field Road be authorized to
proceed.
PASSED AND APPRVED this 2nd Day of march, 1990.
14 -Vol
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3 Minutes
PUBLIC UTILITIES BOARD EMERGENCY MEETING
March 2 r
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E 1, CALL TO ORDER.
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The Emergency meeting of the public utilities Board WAS
called to order by Chairman Robert LaForte at 7:U0 AM on
March 2, 1990, in the Civil Defense Room of the Municipal
F Building, Denton, Tx.
Board Members in Attendance
Roland Laney ~
Robert LaFOrto
Nelson
4 John Thompson
Mark Chew Lloyd VHarrell
Kenneth Frady ,
Staff in Attendance
I
Ernie Tullos David Ham
Lee Allison
Gay Racing
Others in Attendance
Sharon Simonson, Denton Record Chronicle
Richard Stewart, Former Mayor of Denton
' 2. C6NSIDER RESOLUTION REGARDING BOOSTER PUMP STATION SITE.
Worts opened the meeting by directing the Board's
attention to the proposed resolution.
9
without
11 Motion: the resolution as is
f C-Few made a motion to approve LeFOrte opened the
further discussion. Second by Thompson.
floor to comments.
Discussion:
oaney requested line 18t of the proposed resolution as ufollows:ange
on pag
(Changes underlined) "The Public Utilities Board
recommended and the Pl~ncie Xnd ecnion Commissioon t erove
g 3e to ua
in accordance w t _ r 1
ar er a purcrase o een acres o an :epre"enn9
T'E e proposed site on Hartlee Field Road at a total cost of
$150,500. The Cit Council authorized the uercchas which
3a , has been con_ u e an t t e now rests wirth
e
Denton.
6706U:1 EXHIEl IT0
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Page 2, line 24:
(changes underlined) Add: The Utility De artment is
prepared to proceed with preparation f
lat or the s to for submission to the Director of
P ann n n accordance with Subdivision Re lat ons Part
f t, Art c e 13.03, and authorize the design engineers to
proceed..
Vote
1 LaForte called for a vote to the motion as amended. All
ayes, no nays, passed unanimously.
Amendment Proposed:
Ham wanted to make a correction showing that six sites
were considered (page 2) and on page 4, line 4, insert
.."delay of much needed water storage". 3
Motion:
Thompson so moved, Frady second.
Vote:
LaForte called for a vote to the motion as amended. All
ayes, r.o nays, passed unanimously.
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The Resolution as passed follows:
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RESOLUTION
WHEREAS, The Utility Department of the City of Denton, with the
concurrence of the Public Utilities Board, has
determined the need for a water treatment facility to
serve the current and [uture needs of the citizens of
Denton; and,
WHEREAS, At, integral and necessary part of the water treatment
system is a booster pump station located approximately
midway between the primary treatment plant at Lake Ray
Roberts and the northern limits of the existing water
transmission and storage system; and,
i WHEREAS, The Booster Pump Station will consist of three below
grade concrete reservoirs having a total capacity of
twelve million gallons, six underground vertical
turbine pumps powered by 350 horsepower above ground
electric motors, and equipment and storage for chlorine
and ammonia treatment as required by state law, The
reservoirs will be located on the north slope of the
property and designed to provide a usable area
essentially at grade. The pumping and treatment
equipment and storage will be enclosed in a substantial
building of residential character complying with the
City of Denton architectural standards for municipal
buildings; and,
WHEREAS, The Public Utilities Board included the Booster Pump
Station in the 1988 Five Year Capital Improvements Plan
for Utilities which was forwarded to the Planning i
Zoning Commisc on for inclusion in the City of Denton
Five Year Capital Improvements Plan, which was
subsequently apptoved by the City Council; and,
WHEREAS, The Public Utilities Board recommended and the City
Council approved the employment of a consultant to
research and recommend possible sites for the Booster
Pump Station. The consultant presented six (6) sites
which would satisfy the engineering requirements of the
facility. The consultant also presented cost estimates
of the construction costs for the infrastructuta
required to serve each site (36 inch and 18 inch pipe
lines to and from the sites). Predicated on the
engineering considerations, and the construction and
land costs, it was determined that the Hertlee Field
Road site was the best locationt and, {
rt
WHEREAS, The Public Utilities Board included the Booster Pump
Station located on Hattlee field Road in the Five Yost it
Capital Improvements Plan for Utilities which was
subsequently approved by the City Council; and
WHEREAS, The Public Utilities Board recommended and the Planning
and Zoning Commission approved in accordance with
Article X, Section 10.05 of the City Charter, the
purchase of fifteen (151 acres of land representing the
roposed site on Hsrtlee Field Road at a total cost of
ISO,500. The City Council authorised the purchase
which has been concluded and title now rests with the
citizens of Dentoni and,
Rjl !i
WHEREAS, The Utility Department is prepared to proceed 4itF !
preparation of a preliminary plat for the site fo
submission to the Director of Planning in accordant
with Subdivision Regulations Part I, Article 13.03 ar
authorize the design engineers to proceed with t
contract documents and specifications for the Boost( i
Pump station) ands i {
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WHEREAS, The Utility staff conducted a neighborhood meeting of
the residents of the properties in proximity to the
site. It was determined that the residents had several
4 concerns as follows:
a. The proximity of the facility to their property
E and homes and a perceived lessening of their
6 value.
f I
b. The above ground steel tanks as proposed.
C. The noise generated by the pump motors.
i
d. The storage of chlorine and ammonia at the site.
e. The character of the installation.
! I. The traffic generated.
WHEREAS, The Public Utilities Board and the Planning and Zoning
commission conducted a joint Public Hearing to receive
public input concerning the Boaster Pump Station. The
residents appeared at this meeting and expressed their
concerns as outlined abovei and
WHEREAS, The Public Utilities Board, at a meeting on February
11, 1990, revised the plans for the Booster Pump
Station to include below grade concrete reservoirs
instead of the above ground steel tanks originally
proposedi and,
i
I WHEREAS, The action of the Planning and Zoning Commission in j
their meeting on February 28, 1990, recommending that
alternative sites be researched has effectively halted
i progress on this project and jeopardizes expenditures
for land, engineering, and research already mader and,
! WHEREAS, Alternative sites could very well entail excessive cost
for land, higher construction costa, delay of much
needed water storage, and considerable additional
engineering costs. It is also very probable that
similar objections by adjacent property owners at other
sites will occur. !p
WHEREAS, The facility as proposed will assure that the site will
be fret of observable structures with the exception of
the equipment enclosure which will be a substantial
structure, residential in character. The entire site f
will be extensively landscaped and maintained by the g
Utility Department. The site will be secured which
will prevent illegal dumping which is now a problem.
There is further possibility of the site being used as
a public park in the future[ and,
WHEREAS, The pumps and motors contemplated for this installation {
must be carefully balanced for proper operation and are
inherently very quiet as compared to reciprocating
engines such as diesel or gasoline engines[ and, {
t i
WHEREAS, The traffic generated by this installation will consist f
of a single vehicle once a day and a truck delivering ?
supplies once each three monthai and,
WHEREAS, The treatment of domestic water supplies with chlorine
and ammonia is mandated by state and federal 11w.
Storage and use of thee* gases is atfietly controlled
to assure maximum aafetyr
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CITY OW, THEREFORE gE IT TEXAS, BY THE PUBLIC UTILITIES BOARD OF THE
I wnedfeF DENTnNaa the, that the design and construction of
owned by the4 City of Denton eOnPHarloet F eldt R ad bested r a the
i proceed, t authorised ite
PASSED AND APPROVED this 2nd Day of Marsh, 1990.
T
ROBERT LAFORTE, CHAIPMAN )
HN H MPS N, CE-CHAT N
ENN
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Additional Board Comment: "
The Board set several issues forward at this point
including:
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! a. The possibility of the County building a road on
the existing site, since they had indicated an
J interest in building a road on the new site.
b. Potential additional cost for moving to a new E
site is $560,000.
C. The Board feels that to begin a new site search i
would be subsidizing a group of people who are f
not residents of the city and are not water
utility customers. The rate cost increases that
would be caused by such activity would be borne
by the rate payers of Denton. The Board does not
want this.
d. The Board and staff have evidenced a 'good faith'
1 effort with the residents of Hartley Field Road
to address their concerns.
e. One of the goals of the Board on this project has
always been to make the site fit the quality of 3
the character of the neighborhood, and all staff
and Board directives have been to assure a
quality, safe and esthetically pleasing
installation.
Former Mayor Stewart commented that he feels the Board and
staff have done all that was requiredr that their best
judgement was given to the city council and that political
issues must be addressed by the City Council.
3. ADJOURN.
The meeting adjourned at 7:30 AM.
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Wry Of DENTON, r"AB 215E, MCKINNEY1 DENTON, TEXAS ?W1 I TELEPHONE 6A""
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MEMORANDUM
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DATE: March 28, 1990
TO: Mayor and City Council
f FROM: anc H.f Executive Director
Planning and Develo ent
S JECT: HARTLEE FIELD ROAD WATE PUMP AND STORAGE FACILITY r
E
Attached for your informatYon are the minutes of the Planning
and Zoning Commission of February 28, 1990, d
Included in and highlighted is their recommendation to you
concerning the above subject.
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xc: Planning and Zoning Commission
Lloyd Harrell
Bob Nelson
2185x
P
AINUTES
r Plaoning and fontag Commission
February 28, 1990
The regular lactic$ of the planning and Zontag Commission of the
City of Deotan, Texas was held on Wednesday, Febroarl 28, 1990,
at SiOO p.m., in the Couacil Coomber of the Municipal Building.
P Presents Luline Brock, Jim Esaslhrtcnt, Iran Glasscock, Judd ~
Halt, William Rusin, Etha RLkar, and From Morgan
Present from Staff, Frank Robbins, Executive Director for
Planning sad Davelopuntl Robert Nelson, Executive
Director for Utilitiae9 Harry Persaud, Senior Plsnnorj
Lltaabsth Rraaa, Planning Adalsistratorj,Owen Yeats
;,ypp i Urban Planned Lae Allison, Yater/Yastawaterj Joe
Morris, Assistant City Attorneys Jerry Clark, City
Engineers David Mam, Director of Water/wastewater t
Utilitttsl Santa Esker, Water/Oastavaterj and Olivia
Carson, Clerk-typist
Chairperson Brock called the abating to order.
1. Consider approval of the slautes of the regular seattag of
February 14, 1990.
It was moved by Mr. Glasscock, seconded by Mr. Kansas and
unanimously carried (6-0) to approve the minutes of the
regular setting of February 11, 1990.
11. Consider approval of the preliminary and final plate of
the Iltea Addition, Lot 1, Block A.
' Mr. Test presented the staff report (attached).
Ms. stock asked if the serer service line will he built by
the owner.
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Mr. Yost said yes. Upoa question, he added that the tract
bas never been =tatted sad that the paging tower to 230
feet high. The building suffered extensive fire dosage ?
but there is no damage to the tower Itself. The tower
will be operational again wasa the building Is redone.
Mr. Esgalbreett moved to approve the prslLalsary sad Final
plate of the Iltes Addition, Lot 1, Slack A. Beesaded by
Mr. Glasscock sad assalmously carried (6-0),
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5 111. Hold a public hearing and consider approval of the float
plat of the Marg-Bas Subdivision, a replat of tract 1 sad
part of Tract Z, Into Lots 1A sad 13.
Mr. Yost rraseated the staff report (attached) sad said
that the Development Review Committee recommends approval.
h Ma. Riker asked for clarification on the rebnildlse of the
• road.
Mr. Yost stated that the toad has bus redastaned. The
developer will build the easternmost portion of the toad,
iscludiag the eastern curb of the proposed ■ediex. Upon
developsest to the watt, the western halt of the road will
be built, rasultina is a four-lase boulevard with a sedias. q
111,
Chairperson Brock closed the public bearing. t
It was soled by Me. stock, seconded by Mr. Xammaa, sad
usesisously carried (6-0) to approve the flail plat of the
Morg-ass Subdivision.
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P61 Minutes
February 28, 1990
Page 2
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IV. 2.89-009. Hold a public hearing and consider the petition
of Denton Independent School District requesting a change
in toning from single family (SF-1) to Planned Development
District and approval of a concept plan.
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Fifty-two notices were mailed to property owners within
100 feet; five reply forms were received in favor and one
in opposition.
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Mr. Persaud presented the staff report (attached) and
slides of the site.
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f Mr. laaman asked if any of the property is in the
1 Eloodplain.
Mr. Persaud replied that the creek will require
channeliratioa improvements.
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Ms. Biker asked if the rechannelitation will be a paved
ditch.
Mr. Persaud answered that the revisions approved by FEMA
require a hard surface. The type of material is not
specified at this point and will be considered with the
detailed plan. The development will also have to neat '
subdivision and sign regulations.
PETITIONER: Bill Coleman, Coleman and Associates, stated
that this conceppt Elan evolved because the existing creek
takes up such of tha land which the school wants to
develop. Pecan Creek will be channeled to the south to
create developable property along Dniversit Drive, This
property will then be taxable instead of maintaining its
axeapt status. The school will be buffered and a park
will be provided. This concept conforms to the compact
I growth policy encouraged in the Denton Development Plan.
The design team for this plan worked closely with staff.
i The school district is hoping to acquire the $0 foot
off-set from the Vighway Department. They will no longer
need it if the creak is rechanneled. An engineer from the
Highway Department said that it will probably be okay. A
formal request has been made to the district office mad
that is why there are two options for the concept plan.
The request could not be made until PEKA approval of the
rechannelitation was received.
Ms. Brock asked if plans are to market Lot A separately.
' Mr. Coleman said that they would like to market the
development as a whole but it is ppaeaibls that it may not
sell that way. The phasing will be if the the property
cannot be sold as one whole piece. Most of the
improvements are on the west and of the property. T;,sre
Is an existing building on the eat end which could be
used if desired. Access to the park will be from the
southwest corner. There may be a pedestrian bridge built $
i at the east end.
r ( Ms. Brock asked if the client would be wiliiag to accept
h the bridle as a condition.
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I Mr. Coleman replied that tb• brldg• is In the plane. The a
Idea is to have the park as an amenity to the
development. Hopefully a restaurant will overlook the
j larkCioThe City staff yens happy to get a park at this
oca.
IN FAV00.s none present.
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(•+a February 28, 1990
Page 3
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OPPOSED: none present.
Mr. Persaud stated that the staff recommends approval of
1-89-009 with conditions (attached),
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Ms. Brack asked if the sienalization of Cornell and
University will be at the developer's expense.
4 Mr. Fersaud said yes. On question, he said that according
to phasing, tot IA can be developed with minor channel
3 work, such as gradin and excavation. That is if Lot IA
is marketed separately. The major channelisation work
will be done with the rest of the development. Staff made
a contribution to the preparation of this packet and has
included 2S1 front yard landscaping. Twenty-five percent
is feasible, enhancing, and comparable to other
` developments in the area. it is S1 above ordinance
f requirements.
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Mr. Engelbrecht asked if an intensity bonus was granted
for the park land.
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1 Mr. Persaud said no. The park was in a low intensity area
on the fringe of ■ moderate node. Not many trips per acre
are generated. This development is the least intense,
most logical land use. The 25 foot utility
easement in
4 the backup will be unnecessary as a condition because it
C will be required at the time of the platting.
Ms. Brock asked to what degree a buyer will be held to the
concept plan.
Mr. Persaud said that the square footage requirement is
pretty rigid. The developer might be able to build two
stories but would have to amend the concept pplan to get an
increase in square footage. This would not be necessary i
1 for a reduction in square footage.
Mr. Robbins stated that if the City Council approves the
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concept plan, the detailed plan will require Planning and
toning Commission approval only unless thane is an
amendment to the concept plan.
Chairperson Brock closed the public hearing.
Mr. Kaman moved to recommend approval of 1-19-009 with
conditions as recommended by staff; seconded by Mr.
Engelbrecht.
j Ms. Brock moved to amend the notion to require a
1 pedestrian bridge be built on the east and with tkj first
phase; seconded by Ms. Ciker.
Mr. iamman asked if access to the park would be available
without the bridge.
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Ms. Brock replied that it would not be available Eros that
corner. it would have to be from the school or Cordell.
f Mr. Glasscock said that the proposal is a good use of the
land and will put money in the tax roles, x
Vote on amendment carried unanimously (6.0).
Vote on original motion carried unanimously (6-0). {
V. Hold a public heating regarding the Sexually Oriented
Business (SOB) Ordinance and consider making a
recommendation to the City Council.
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Mr. Perssud stated that at the January 10, 1990 meeting,
the staff informed the Commission that two recent court
cases involving SOBS needed to be reviewed. The U.S.
Suprese Court has ruled that licensing schemes that are
prior restraints must provide safeguards. A prior
restraint is the subjection of a protected rl ht to the
prior approvrl of a governmental authority.he first
safeguard relating to s specific and reasonable time frame
for a decision to issue 0r d:ny a permit had been Included
at one time in the draft of Denton's ordinance; however,
the second safeguArd which relates to prompt judicial
review aimed at correcting any erroneous denial of a
permit will sake Denton's ordinance cumbersome and costly 1
to enforce. Staff is recommending that the permittin
requirements be excluded from this ordinance at this tine
and reinstated in the future if determined to be be
necessary. In regards to the Fort Worth case which
violated the Equal Rights amendment staff foals that the
gender based distinction of the ordinance is justified and
there is no need to amend the ordinance at this time.
That case is being appealed and there is a lot to be
determined about the secondary effects of bars with
topless male dancers. Most other cities do have gender
based distinctions in their SOB ordinances.
Mr. Morris added that the Fort Worth case was on ■
procedural point. The City did not present evidence to
justify the gender distinction. if necessary, our
ordinance can be amended later.
Ms. Brock asked if the ordinance is the same other than
removal of the licensing requirements.
j Mr. Persaud said yes.
Dianne Edaondson, 2105 Savannah Trail, stated that the
Commission has been looking at this issue for over a
year. They have acted to protect constitutional rights
and regulate secondary effects, if the licensing
requirement is removed, a degree of control will be
removed also. Dallas and Lewisville both have licensing
requirements. A temporary permit may be cumbersome but is
necessary. If the City tries to amend the ordinance at a
later date, they ■ay end up having to grandfather certain
operators that would otherwise not be allowed to hays a
SOB license. She said that she apppreciates the fact that
staff is trying to keep the City from being sued, but the
primary reason for the SOB ordinance is to keep the City
sate from secondary effects, not from litigation. Concern
has beet raised about the defihitlon of SObs as relating
to video stores. Most of the video stores in town rent
adult movies but do not have Sol of their floor space
devoted to this aspect. Lewisville regulates 201 and
Dallas none at all. She suggested that the percentage be
lowered because this was not challenged in the Dallas
ordinance. She also asked about the tines for violations
of ,rdinsnce.
No. Brock stated that the reason for the language about
principal business is that the Commission was concerned
that present businesses which sell some adult material
might oxyyand that aspect an6 argue that they were
gr►ndfathered. The wording about principal business gives
the City the opportunity to say that the business was not
considered an SOB at the tint the ordinance was adopted.
Thirty percait vas chosen because none of the business
approach tit); level.
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February 29, 1990
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Mr. korris stated that the Supreme Court did not address
any of the other provisions In the Dallas SOB case. They
lot to tae licensing provision, found it unconstitutional
and did not address other areas.
Ms. Brock said that Mr. Morris provided instruction to the
Commission at each step of the process and his work is
appreciated.
Joyce Poole stated that she agrees with Ms. Edmondson.
She asked iE the percentage for principal business could
be lowered to 1S or 201.
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Mr. Morris said that Denton's ordinance is modeled after
the Dallas ordinance. Dallas has a break off at princlppal
business which means majority or over 501. Our ltattation
3 is more severe than that. The Commission discussed at
what point a business begins to have secondary effects and
tried to decide what is reasonable.
Ms. Brock said that they also looked at whether signs
would be visible and there are some other restrictions.
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j Mr. Persaud stated that 50% was discussed at length as a
number to quantify when there might start to be secondary
effects. Thirty percent provides flexibility for
businesses currently operating with small amounts of adult
material. It is a good number to start with until the
City gets some experience. Location is a major provision
of the ordinance and has a =2000 fins for violation.
Violation of the other provision is a $SOO fine.
Mr. Morris said that that is in accordance with State law.
f Ms. Kiker moved to recommend spproval of the Sexually
Oriented Business ordinance. Secooded by Ms. Brock and
unanimously carried (6-0).
V1. Consider a recommendation to the City Council concerning
the site for and the development of a booster pump/water
storage facility near wattles Field Road and Sherman Drive.
Mr. Nelson stated that the tanks will be in-ground,
cut-in-place tanks holding S million gallons. There will
be sound -proofin` and landscaping. The site was adopted
by the Puelic Utilities Board (PUB). No recreational
features are planned at this time If recreational
features are desired, that needs to be decided on
immediately because it will effect the elope of the roof.
Other cities do have these t1pea of tanks in residential
areas. Arlington has an eat to water facility in a
residential neighborhood. Some of the tanks are in very
nice, expensive neighborhoods.
Ms. hiker asked if alternative Was were considered.
Mr. Nelson replied that they were considered during site
selection. Hydrology played a factor as well as
0 availability of the property and the price. This site has
appropriate hydrology and good access.
Ms. Kiket asked if this proposal Is the ultimate build out
i~ or if expansion is planned.
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r February 28, 1990
Page
Mr. Nelson answered tlut there will be more underground
tanks later. The features are not very visible and there
will be little difference In pump station activity. This
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} will be a place for Denton to store its water. The State
{ requires a certain amount of ground storage.
k Ms. liker stated that when the Commission first looked at
this site, they thought it was oing to ust be a uap
k station. They did not realise here wou~d be a lot of
f tanks.
Mr. Nelson said that tanks havo always been proposed for
I the site.
Ms. Stock asked when the PUB recommendation will go the
the City Council.
Mr. Nelson stated that they had hoped to send it along l
E with the plat. That is not quite ready yet. The top of
the tanks can be painted. Not much will be noticeable
from the roadside. Berming will be up to two feet of the
f top of the tanks. A grass slope will be visible.
1 Mr, Holt arrived ■t the meeting.
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~ Ms. Brock asked if LaadscapSng will be the responsibility i
of utilities.
Mr. Nelson said yes. They will work with the
Beautification Commission and be good netgh
bore to the
local residents. The berm on the north side will have to
be built up to the tank. The hill will be cut out and
there will be ■ berm coming down from the tank. It will
not be visible from the road.
Mr. Engelbrecht asked if other cities have utilised these
facilities as park space.
Mr. Nelson replied that the one in Austin has dirt on top Y
and is used for games.
` Mr. Engelbrecht asked if therm is a possibility of putting
i material on top of our tanks.
i j Mr. Nelson answered that they must be left concrete
according to regulations. The future tanks will be dare
the sear as those proposed for the first phase.
U Mr. Bagalbrecht commented that the tanks will be
continuous rectangular impervious material on top. me
asked if the ratios in the back up are based on total
build out.
Mr. Nelson said yet.
Mr. Engelbrecht asked about the landscape volume ratio.
Mr. Yost stated that it is the area of the site available
for landscapi%g that is not already covered by tanks,
homes, driveways, act.
Mr. Allison said that the City of Arlington water
treatment plant has three four million gallon tanks and l
eight pumps. One is 900 horsepower. Denton Is propoeint J
six pumps. The Arlington operators indicated that they do
not get complaints] however, their pumps are outdoors and
make the statement suspicious. The beets around the plant
are million dollar homes with swimming pools in the back.
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j pa'. Minutes
Ill February 21, 1990
i Page 7
j + Thcy were built after the plant. Ins Arlington plant is
it like a combination of our Ray Roberts plant and the
proposed Hartlee Field facility.
Mr. Engelbrecht asked why the Arlington facility has
larger pumps.
Mr. Allison said that the site is proposed as a booster
II~ station. PuspIng will be done frog the plant to the edge
of tern and then a short distance to the elavated pump.
Arlin ton is pumping further. Denton is located closer to
r i its elevated storago.
1 Mr. Engelbrechc asked if the tanks will be separate. ~
I Mr. Allison replied that they will have a common wall but
are operated independently for cleaning and repair.
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Ms. Morgan asked Mr. Allison's opinion of the noise at the
Arlington plant.
Mr. Allison stated that it sounds like pumps. There is
not; a lot of vibration. Vibration is ■a ladicatlon of the
problem. The motors made a humming type of sound. What
is bothersome is subjective.
Mr. Holt asked how the noise of the pumps at the Hartlee
Field site will compare to the noise level of the pump at
Mcginna Park.
Mr. Allison said that it will probably not be as loud at'
the new site because the pumps will be below ground.
f Mr. fingelbrecht asked the square footage of each tank.
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Mr. Allison said they will be 27,000 square feet. The
buried tanks and pus pa along with the buildings on top of
the pumps are a result of the neighborhood misting.
Mr. Holt asked how a change to another site would be
financed.
Mr. Allison said that the cost would be reflected in the
water rates. There would be about a 11 increase and the
E existing land would be put up for sale.
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Me Brock Psked i tCIP funds could bare the additional
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co;t instead of Y Mr. Morris said that it is theoretically possible.
Mr. Enselbrecht asked if the extra cost of a fiat top for
the tanks was taken into account when tennis courts were
being considered.
Mr. Allison said yes. lien tennis courts have a sli ht
slant for run off. He said that a curved road is being
considered for the site so there will not be a straight on
+1 view of the facility.
1 Ms. :ock asked if there was any problem with unlimited
access by the public.
Mr. Allison said that the neighbors prefer that there be
no etcsss. They want the site secured because they are
` worried about illegal dumping.
Mr. Engelbracht asked it the (once would be chain link.
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February 28, 1990
page a
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Mr. Allison said yes with barb wire on top. The Health
Depart ma,:t requires ■ minimum of three strands. Mr. Yost
haq ideas about landscaping. It could be in front of the
fence, but chain link is typical. Upon questiotypnings , ofho
added that he had informed Mr. Dockery of they e
a things that would be of concern in the selection of a new
site. He discussed the possibilities of site X as
proposed by Mr. Dockery and the cost involved.
Xngress/egress and right-of way would be necessary at site
Ms. Brock stated that she a
the presentation. PDreeiates the work done for
as Mr. Ism an asked what the present site could be sold for.
Mr. Allison said he was unsure but it could help recoup
the cost of the new site.
Mr. 6ngelbrecht asked what the road into site X would be
constructed of.
Mr. Allison said that it would be concrete. There would
be little traffic and asphalt does better with more
traffic to keep it kneaded.
Ms. Brock said that she has thou ht of the axiom that it
is easier to do nothing than to do something In regards to
concernedethatThere
someiIssues were notltaken.serihe as ously enough
when the Commission artjInally looked at the contracts.
The Commission is learatng that type of questions It
should be asking about contracts. Re onions for the
Commission are to wait on the plat and then make a
recommendation at that time if in-ground tanks at this
site is sites solution. While This should on boomts
other
addressed in 1111 Instead of now.
Mr. Holt stated that he is not bothered by the pump noise
and is not particularly worried about ammonia. Ths site
is a concern. Whatever choice Is made, a lot of people
will be unhappy. If a new site Is chosen, there could be
the same type of complaints from ad)iaceat ytroperty
cn sidered.e Steelitanks couldacreateeamproblea. Above
ground tanks should not be considered at all. The rise In
utility rates must be considered. He has had more
cnmmeats from people opposing a site change and a lot of
people feel below ground tanks are okayy, This should have
been looked at more closely in 1911. If he were starting
from scratch, he would not place it in this location. It 5
is a residential arse, Perception is important. Poople
will think it will rulo their property values. The idea
of it Is a mistake but that doesn't mean we have to stay
with it. Additional costs must be weighed a ainst tee t
need for new pools, ball fields, act. He said that
nothing is more valuable than a home and be sides with the
ripebe annezedhat somentime, Theieftoct on those outs and
the current city limits will be great. He remembers the
effect of having trees bulldozed near his home.
that they do everyth~~~
rmimamrmaa~mrmm a to n amen a if at all possible, but take
complaints. Seconidedaby Ms. Broc k same type of
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p6t Minutes
February 26, 1990
Page 9
r Mr. Engelbrecht said that he has aired feelings. He is
completely opposed to above ground tanks. He would rather
have 1S acres behind his house with the small Mass of this
facility than the house that is currently behind aim. The
open space around this facility will be retained. If the
land is used for something else there will be less open
space and visibility. Other cities are looking for open
sppace and trying to be creative. This site will be
vSrtually open and he does not chink that anything will be
developed on this site that would have as such open
space. It can be used for a park in the future. The
drawback is the large impervious surface area; but given
the existing utilities at this site, there is a question
thett hehatntypeof housing would be there. He concluded
Ms. Morgan agreed that because of the additional cost she
could not support the motion.
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Ms. gtker stated that she opposes above ground tanks and
would support the motion.
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Marion carried (4-3). Mr. FaSelbrecht, Mr. gaMaan, and
Ms. Morgan voted no.
Hs. Morgan left the meeting.
VII. Director's Report
Mr. Robbins stated that he will take the Commission's
recommendation on the booster station to City Council in
the fora of a memorandum. It will be put on the March 12,
1990 agenda.
VIII. Disr.ssiom of future agenda items
Mr. Robbins stated that the sign ordinance revision for
the State H1 hway DeDartment, the sign ordinance schedule,
and the rowtfto of tha zoning ordinance will be on the
agenda of the March 7, 1990 Meeting.
Meeting adjourned at 713S P.M.
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