HomeMy WebLinkAbout09-04-1990
e
r
AGENDA
CITY OF DENTON CITY COUNCIL
} September 4, 1990
r Work Session of the City of Denton City Council on Tuesday, I
September 4, 1990, at 5:15 p.m. In the Civil Defense Room of
City Hall. 215 E. McKinney, Denton, Texas at which the
following hogs 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
~pp Regular meeting.
i 5r15 p.m.
`¢t 1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
i
M 1. Consider action in Peo Boys vs, City
2r Consider action in claim of Mike Wilson.
3. consider action regarding constuction t
' problems at MLK Recreation Center. !
B. Real Estate Under see. 2(f), Art. 6252-17
V.A.T.S.
C. Porsonnel/Hoard Appointments Under Sec. 2(g), i
Act 6252-17 V.A.T.S.
1. Consider appointment of a voting and
alternate voting delegate to the Annual
Congress of Cities.
2. Consider appointments to the Zoning Task
Force,
3. Consider an appointment to the Public III
Utilities Board.
2. Presentation and discussion on proposed water,
wastewater and solid waste rates.
`.J
3. Hold a discussion regarding a proposed ordinance
amending fencing and gate requirements Lot swimming
pools.
4. Hold a discussion and give staff appropriate direction
regarding budge: issues for the 1990/91 budget year.
` l
d
,
I
11
Ile-
A
0
Y
i
F ~
r
City of Denton City Council Agenda
September 4, 1990
Page 2
Regular Meeting of the City of Denton City Council on Tuesday,
September 4, 1990, at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
7:00 P.M.
1. Consider approval of the minutes of the work session
of July 31, 1990.
2. Receive a citizen report from Jo Montague regarding
denial of a claim for a lost bicycle.
3. Public Hearings
A.- Hold a public hearing and consider approval of a
resolution modifying the Denton Development Plan
to change the boundaries of Study Areas No. 23
and 24. (The Planning and Zoning Commission
recommends approval.)
i
B. Hold a public hearing and consider adoption of an f
ordinance changing the zoning classification from
single-family (SF-10) to general retail (OR) on a
tract of 21 acres immediately west of Carroll
Boulevard. (The Planning and zoning commission
recommends approval.)
C. Hold a public hearing and consider amending the
Zoning ordinance to exempt a certain area wichin
the Central Business (CB) zoning district from
regulations relating to on-premise consumption of
alcoholic beverages and separation between such f
establishments, and churches, schools, hospitals
and residences. (The Planning and Zoning
Commission recommends approval.)
D. Hold a public hearing and consider adoption of an
ordinance amending the development phasing
schedule for Planned Development District PD 126
(Lakeview) and providing for an effective date.
(The Planning and Zoning Commission recommends
approval.)
i
I
77
f
' 1 !
wFfV~ y
1
p
i JyJy\\Y
Fi
b
City of Denton City Council Agenda
September 4, 1990
Page 3
E. Hold a public hearing and consider adoption of an
ordinance amending the development phasing
schedule for Planned Development District PD 132
(Southview) and providing for an effective date.
(The Planning and Zoning Commission recommends
approval.)
F. Hold a public hearing regarding the adoption of
the proposed 1990-91 City of Denton Program of
services.
G. Hold a public hearing regarding the adoption of
the proposed 1990-91 tax rate.
4. Consent Agenda
Each of these Items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the {
ordinances (Agenda items 5.A, S.B, S.C, S.D., S.L., S.F.),
This Listing is provided on the Consent Agenda to allow Council
Members to discuss any item prior to approval of tho ordinance,
A. Bids and Purchase Orders:
1. Bid 01126 - Microfiche Service
2. Bid #1135 - Crawler Dozier Tractor
3. Bid #1137 - Office Supplies
t
4. Bid #1127 - C.I.P. Sidewalk
S. P.O. 095641 - Total Abatement
6. P.O. 098811 - CTC
7. Bid 01069 - Change Order 02 - Jagoe Public
i
8. Bid #1104 - Change Order #1 - Atkins Brothers
B. Plats and Replats
1. consideration and approval of the
preliminary replat of Oteen Valley Panch,
Lots 23R and 24R, Block A. (The Planning
and Zoning Commission recommends approval.)
i
i
i
City of Denton City Council Agenda
September 4, 1990
Page 4
I
5. Ordinances
I
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services. (4.A.1. - Bid
' 01126, 4.A.2. - Bid #1135, 4.A.3. - Rid #1137)
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
(4.A.4. - Bid #1127)
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state law
exempting such purchases from requirements of
competitive bido. (4.A.6. • P.O. 098811) l
D. Consider adoption of an ordinance authorizing the
execution of a change order to a contract between
the City of Denton and Total Abatement System;
and providing for an increase in the contract
price. (4.A.5. - P.O. 095641)
B. Consider adoption of an ordinance authorizing the 1
execution of a change order to a contract between 1
the City of Denton and Atkins Brothers; and
providing for a reduction in the contract price.
(4.A.8. - Bid 01104)
F. Consider adoption of an ordinance authorizing the
! execution of a change order to a contract between
the City of Denton and Jagoe-Public; and
providing for an increase in the contract price.
(4.A.7. - Bid #1069)
d. Consider adoption of an ordinance amending
Section 5-176 of Chapter 5, Article V (Building d
Code) of the Code of Ordinances of the City of
Denton relating to fencing and gate requirements
for swimming pools; providing for a penalty in
the maximum amount of $500.00 for violations
thereof; providing for a sevecability clause; and
providing a repealing clause. (The Building Code
Board recommends approval.)
i
i
t,~
e
r
r `
City of Denton city council Agenda
September 4, 1990
Page 5
R
i
' H. Consider adoption of an ordinance approving agreement between the city of Denton andthe
Community Clinics for Denton County; and
authorizing the Mayor to execute an agreement
approving the expenditure of funds therefore.
6. Miscellaneous matters from the City Manager.
7. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
' I
8. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
9. Executive Session:
A. Legal Matters Under Sea. 2(e), Art. 6252-17
I V.A.T.S.
j B. Real Estate Under Sec. 2(f), Art, 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
:A
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
4XECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM POR WHICH IT
IS LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above noticr, 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.m.)
CITY SECRETARY
j
3291C
i
i
~BMM~ 1`
Nfi
I
t
f
I
CITY
COUNCIL
. a
J
~ s
a
f
t o °
Boa cc~o~'
i
3
Y ~
" Naeknal 1301 Penns,lvana Axnua NW Otfkan
[e~e L*"" Washington, DC AwaH
! Of 20004 M&+sdm
p. Fat AtM. WY
Cnfaa (202( 6283000
Fax (202) 626-3043 +,v VC8 PnY
saw ~ samm"„Y
August 10, 1990 Map Nn Cowl a Yr.
$,NrN OG PiaYdH
Ga~1 E H+ d
Cap u" O'aM Fc Leo
lmm Ier PYr AW"
Y P1mr1 P Nmb
Tos Mayors of Direct Member Cities C%,CNv PwI" Mrm
From: Donald J. Borut, Executive Director J p ioa~QIQJJa
„woo
Subject: Designation of Voting and Alternate Voting Delegates,
E Annual Congress of Cities, December 1-50 1990
Houston, Texas
Under the Bylaws of the National League of cities, each direct
member city is entitled to cast from one to twenty votes,
depending upon the city's population, through its designated
voting delegate at the Annual Business Meeting of the Congress of
Cities. (gee table on reverse side.) This meeting will begin at
j approximately 10:0 a.m., Wednesday, December 5, 1990 in the
George R. Brown Convention Center. (Please consult your
convention program at the Congress of Cities for the exact
starting time and meeting room.)
To be eligible to cast the city's vote, each voting delegate and
alternate voting delegate must be designated by the city on the
attached form and the form forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy.
Thus, an official of the city, properly designated, must be
C present at the Annual Business Meeting to cast the city's vote or
( votes.
To enable us to gat your credentials in order and to provide your
voting delegates with National Municipal Polic and Resolutions
materials prior to the Congress of Cities, we ask that you return
the WXIT® copy of the completed form to NLC on or before October
120 1990. A pre-addressed envelope is attached. Upon receipt of
these names, NLC will also send each voting and alternate voting
delegate a set of instructions on registration and rules
governing the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to
cast the League vote, please forward the YeLLOW copy of the
credential form to your state league office and keep the PINK
i copy for your records.
Attachments
AM ft@k*ll: Im anMF. Mrp UA Mpw1 Ca1.aM6 • PM t. IIMrt1w1, Mwa Uom" WC% "Crd,N . K141M N, 00~, M, M1Mr a, ww**t 1yrM . Jw11Y Y.
ho", MW Nepal NM V," - Ca ft bFndr4 C XOV& N M W pa OtIW C."OW • JON P. Ae1n1AY, Mahe S&4" 64m0.1 • Dft##W Jena WAW, C V nO MWbr
Sam MM Ca14 IS • Jwr IWW. "lnaaa ulbb". %.11 . Ce!M)r 1r•M ard11, Ca^~two 0". Geay1 • Alrneel G &MOWL I WLM DIM CGIWMM 10 00
Wp~e . N. Colons, Mqa Thwnw Cv'on • WPm CYInb Mwa MrsN" Como" • Jett as@^ t"0*4 Qrsdo W CWW O Cov" CW00e A
C 1601 d M1NgDo" Y Dom teweh~,, CO^kr htwwP YNYV • Jw "L Oe WiM. Mega W~Y~YrA F"'ON 1 • DYM P. DR, C&~ GOW. Mom • ftmw
A. 00ftwK Mvp W L" CM UN , Am Y, aM4N, Cw*m* ^ Nw %A NN V • M1A 4; M w btg M1mbn. Am" W uew . ism A. 6~1 A. I Oc"
Ckmc sx hHrl~v L"" of Cos . d"W a aeMwrN E r e s DMM MC•P1n Mvlapr L"" • PM GWft Crowd M1*+bw SM Mr 1b • b0k NOW C&-td M,iwlrsoak" N4O.VAU • Jw L Jwlren, MOM Muwerbao
4nne.W . Shp" Jrwe, MOMS %w k NM JwM • so" Ann Kew, Cwnd Membs, ftWw4oo. C4 . 0 1x1111 A.
V~PA. Mop C'60 My1w.1 Y POW IIda,, E y "Ow*" L1pd d KM MwaP1M1o1 • Wei L* 40" CAY CanMYnM Pal ~ O' WV N MMM ~t
` Qr1do M11an MMn La1pA . %WI L, IYn' MrM1 YA/411, P" • err.1 A. tbp, Eo Aa W Y'IWN,"L169, 1 0 Ad Frm4 Nw Mwwn Y WYr W CIFIN
& On. Ndrman. Cp%ow GM4 • COWL bMehik tom" Omw Nan Crdn ~ KfWX~ M ANP~Town 1dmMrRS tmcW. Mod1 Wrtl • Mw p1w1y, M1Mr.O.vd, Crwar,e . iKeara G ~M. E+c+►w 61aa lep,A
d d1PO'i CA41 • Awry G YPeNewN, 1MF
Nwth Crd,M • Ttw-r J V410. Mov Amn, MION
PetYJM how
National League of Cities
Annual Congress of Cities
i
Number of Votes - Direct Member Cities
Article IV, Section 2 of NLC's Bylaws specifies as follows the
number of votes which each member city of the National League of
Cities is entitled to cast at the Annual Congress of Citiesl
City Population Number oC Votes
Under 509000 1 vote
50,000-991999 2 votes
1009000-1990999 4 votes
200,000-299,999 6 votes
300000-399,999 8 votes
400,000-499,999 10 votes {
500,000-599,999 12 votes
600,000-699,999 14 votes 1
700,000-799,999 16 votes
l 800,000-899,999 18 votes
,r 900,000 and above 20 votes
Note, Member cities are required by the Bylaws to cast unanimous
votes.
i
i
y i
F
i pan+,~
t
I
4 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 800.0307
E _ Office of Iha Clfy Manager
k
I M E M O R A N D U M
T0: Mayor and Members of the City Council
E FROM: Jennifer Walters, City Secretary
DATE: August 31, 1990
SUBJECT: Back-up for Agenda Item t 1.C.2. - 5115 p.n.
Frank Robbins supplied the following information concerning possible
members to the Zoning Task Force for your consSderation.
f ~
J
Jenni er W ters
2727C 2
r
i
I
i
5 K' l1
.
C ,
r
*Fry of aavrok, ."W"S 216 E. MOKINNEY1 DENTON, TEXAS 7OXI / TELEl,NC
r ~ aedazoo
DA IE: July 3, 1990
i
CO: Mayor nd City Council ;
FROM: Frank m Robbins, 8xecutive Director
Planning and Development
SUBJcCr: ZONING i'ASK FORCE
Foilo4ing is a list of persons suggested by individual Planning
and Zoning Commissioners for membership on the Zoning Ordinance
'c'ask Force.
Roy Appleton III Chamber of Commerce Representative
and Parks Board 1
Mike Cochran Beautification Commission
John Adam Board of Realtors i '
I
Barbara Russell Board of Realtors and Chamber of
Commerce j.
j Geneva Berg Central Business District
1 Association
Steve fanning Appraiser and American Planners , i
Association f
Elizabeth Evans American Planners Association
Bill Claiborne
Southridge ,
Edna Redmond N.I.C.B. 382.3420
Jim Huff Business
898-1200
*,,*-o-pr
dw
23OIx
WWW'''~~~ iI -
■
DATE: 06105%;0
CITY COUNCIL REPORT FORMAT
TOi Mayor and Members of the City Cou^cil
FROM: Lloyd V. Harrell, City Manager
SUBJECTt ZONING ORDINANCE TASK FORCE
RECOMMENDATION:
1. Form a Task Force of not more than twenty (20) members,
2, Seek broad geographic and area of interest representation.
3. Seek membership from the following:
Leadership
Council person 1
Planning and Zoning member I
Beautification Commission I
Chamber of Commerce I
4
DeV4loDment/Rea1 Estate
Board of Realtors is residential and
a commercial broker) 2
Home and Apartment Builders Assoc. I
Development companies holding
largo land areas
4
Residential Interests
Neighborhood Association representative
- to include an area of rural
character S
Non-residential Interacts
Central Business District Association 1
Profacatonel/Technical
Banks I
American Planning Association 1
American Institute of Architects
or American Society of Landscape
Architects I
I
1.
r owl
l'
Mayor and City council
ne 5, 1990
age 2
Y
a
American Bar Association 1
American Society of Civil Engineers 1
- American Institute of Real Estate
Appraisers 1
6
TOTAL 20
It is possible that one person could represent
more than one area or group.
SUMMARY: A
As above,
BA=ROUND:
Council briefing, direction to form a Council Appointed Committee:
May 15, 1990, Pig recommendation: May 230 1990.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Planning and Development, Regulatory Streamlining Program, All of
Denton,
FISCAL IMPACT:
None
1
Respe lly s bml t
00,
f Prep red by: Lloyd V. Harrell
City Manager
H. Rob as, AICP
Executive Director
Planning and Development +
2267x
r
i
11
,
{
1
Pit ,tinutes
Page y
ay:3,199u DRAFT
r
Ill. utscus' tite formation of a toning urdinance cask Force.
Ms. Brock, reported that the City Council appears to be
leaning towards a large committee that would represent all
Interests. (hey looked at the Land Use FLannirg Cowmittee
(LUFC) and the '91 Committee as examples. However, they
ware different because they repre4ented community values and
priorities. rite toning Urdinance Is more technical. The
other committees broke into smaller groups to work on
specific Issues. Tne Zoning Ordinance Is an Later-related
document and It would be difficult to work on in sections.
With large committees and smaller groups tuere are
attendance problems and it is more difficult for staff to
make time for the numerous meetings. The Council wants to
appoint the Committee themselves, but a 40 member committee
may not be a good idea.
Mi. tivans asked if any of the ulstoric sections of the
ordinance would be changed. if so a separate task force may
be needed or the committee may have to go to other groups
like the Historic Landmark Commission and the Parks Board to
ask for recommendations.
Mr. Robbins agreed that It is hard to break Into smaller
groups oecause everytning in the ordinance is
interrelated. It does not Lend Itself to being worked on
In pieces. tie asked if the Commission wanted to recommend
people by name or to recommend organisations for membersnlp
on toe task force. Also, a single person could represent an
organltatloiis, geographic area, or other committee.
fhe Commission agreed to recommend that a member oe
appointed from the Beautification cask force.
Mr. Engelbrecht suggested a representative from a urge
tract developer.
Mr. Rolt asked what Sass owns.
Mr. Robbins answered that he owns Lakeview, Southview,
property at Sherman and Loop 18d, and from Nall Road to FM
1S6. lie is trying to let the latter a taolished as an
enterprlse tone. RM0 Realty monitored the proceeding of the
Appendix A fask Force. 'Cosy could have a representative on
the toning risk Force or could simply be Invited to give
some input where they could participate without voting.
jf Having someone like that on the Committee Is a good idea.
j There are three large groups that w^uld qualify for the slot.
i
Mr. Eillelbrecht said that Cot some of the representatives,
nominations for ate actual person could be obtained from the
groups, ro Yet neighborhood representatives for the LUPC,
the City facilitated a meeting to obtain nominations.
The Commission discussed the criteria for appointees& and
possible members.
Ms. Brock stated that she uoes not think the Council would
want too specific a recommendation. 'rite list provided In
the back up is probably specific enough.
fhe Comcissiou agreed to add a large landowuar/developer ~.I
interest and a member of the banking profession to the
list. they also al reed to recommend that the Task force
nave no acre than !0 members. If necessary, staff can
facilitate quadrant meetings to obtain neighborhood
representatives.
i
I
i
i
i
0...::...
CITY
COUNCIL
14
m 11
ar c, C
0
o ` s 11
q
0 p S~ QQQ
0 dpC GG
i
i
i
}
Y j
1
0,
P w
,'Il.r♦
a ~is
September 41 1990 1L.
CITY COUNCIL WORK SESSION f~'oC
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: REVIEW PRELIMINARY RESULTS OF THE 1991 WATER AND WASTEWATER
RATE STUDIES AND ASSOCIATED ORDINANCES.
RECOMMENDATION:
The Public Utilities Board, at their meeting of August 2, 1990,
recommended to the City Council approval of the proposed rate
increases in water/wastewater/solid waste. The final rate
ordinance will be presented to the City Council on September 18,
1990, Draft ordinances can be found in the back of the Rate
Studies. Staff requests review of the 1991 Rate Studies under
separate cover and input from Council.
SUMMARY:
The analysis of the existing water rates indicates 1991 revenues
of $11,473,882, and expenses of $12,362,736, for a loss of
$888,854. With rates as proposed in the attached document,
water revenues would be increased b 9.97%, resulting in a net
gain in the Water Department of 1650262, or an approximate
I margin of 1.3%. ~ I bill of an average sw water rate would increase the
9e 10r004allon per month customer from $25.25
to $27.40, for an increase of $2.15 per month.
The analysis of the existing wastewater rates indicates 1991
revenues of $6,597,48 ,expenses of $7,103,691, for a lose
of $506,209. With rates as proposed in the attached document,
wastewater revenue would be increased by 9.461, resulting in a
1
net gain of $106,907, or an approximate margin of 1.5%. The
proposed new wastewater rate would increase the bill of an
average 7,500 gallon per month customer from $14.25 per month to
$15.25 per month for an increase of $1.00 per month.
After developing total water and wastewater system rate
requirements, individual customer rates were developed by
distributing identifiable costs to each customer class. The
outcome of the cost of service analysis and the corresponding
customer class rates are detailed in Exhibit II.
Based on the proposed customer class rates, a comparison between
the current rate and the proposed rate is provided in Exhibit
III. Examples of how the proposed rates will affect the
customer's bill have been provided in Exhibit IV. Provided in
Exhibit V is the comparison of Denton's proposed rates with
other cities.
` 1
~ i
PUB Agend Item
Page 2
FISCAL SUMMARY:
Based on the proposed 9.97% and 9.46% increases in water and
wastewater respectively, the projected revenues would cover the
total expenditures and produce a net gain of $1650262 in water,
and $1061907 in wastewater.
f
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens of Denton, Denton Municipal Utilities, General
Government Departments, Customer Service, Legal Department,
I Public Utilities Board, and City Council.
i
Reap tfully submitted,
i
ul"vo I
na'rrell
Ci y Manager
I, PREPARED/APPROVED BY:
.E. Ne son, Executive D rec. or
Department of Utilities
t ~
I
Exhibits I Budget/Rate Study Financial Analysis
E ii Customer Class Rates
III Current vs Proposed Rates j
IV Effect of Rates on Customers Bills
V Rate Comparisons with other Cities
VI 1991 Water Rate Study (Under separate cover)
VII 1991 Wastewater Rate Study (Under separate cover)
viii Minutes from PUB Meeting of August 2, 1990
f
i
i I
68170:1-2
i
1
a
1~ PF 1
VM
EXHIBIT I-WATER
TMTB 8111DY FIN WIAL AMySIS
MAT= gt"UtY
r Kmw
DUD
R 8AT1 em
I I. 9svlxlree
i
-OPMATINO a1► 810,400,421
NON-OP R1r 569,000 810,672,882
901,000
TOTAL Rr'Z Item 810069, 421
811,473,88!
II. 11powIrtmu
ONSATIN01!P 87,906,701
NON- up 41038,000 67, 711, 792
~ TION [!P 4,669,900
0 81,044
TOTAL imp 811,9449701
$12,261,734
11/0 8ATI INCUM (1976,280)
(saa,464)
NIT OA111M088)
N 9.971 BATI INCagM 81ie,211
M1 1'l ~r
I
I
1 f,
1
l ~I(
Ile,
a;
EXHIBIT I-WASTENATER
8UD0RT/RAR STUDY 1111AWIAL ANALY818
WASMATU S11NMW
PJDUT
BUDM RA
STUDY
1. RraNt=
OPUATImo an N,5061643 {t,4819143
NON--0p RRr 30=,000 110,339
TOTAL R6VM= $6,807,643 lt,597,46!
11. UPOf01TUR68
OPRRAT110 up 14,0!9,000 N,11l,sia
. NON-Op ap 3,01!,000 t, 940, 770
DRPli01ATI0N np
(MBOL68AL6) 0 4S, Nt
TOTAL R>a $7,1160000 17,lOS,tl1
.
R NiT Qlo/(L088) (1310,187) (1501,909)
W/O RATE IMCIUM
M GAIN/(L086) IIO4,907
9 9. 40 BAIN [Neu= i
i
~ i
i
I
i
i
i f
;
i
y
fy ao..
4
ilurtslr 1s
CIiYy of Denton Mater Utility
Developsant of Revenue Targets
Deacr plion = ee entla CC•1eZC a •
ooverr>ment Reaa •
Rex flnlshed to
system
ly 1901 Revenues 4097!,916 10503 000
10130 221,411 020,190 10,512,047
Proposed 1 Increase 9.311
!2.001 10.001 0.751
1991 R•v ! Proposed Ratan 5,441,161 3.001 9.111
5,044,357 $,Its 20,495 453,034 11,5lS,l4T
For the purpose o[ this Summary the COnm erclal Rate Class
AMY, Includes the rate class 11at•red Mater !roe Pls•
Hydrants
' I
f
Clly of D•ntoe,MUltfwt•r utility
Development of move" Targets ~
u~aassaaasaassasasssaa a uaa+sas
INC-
1
RCO COIN PR1TIIfAT uT1410 DWIV. . MMXJw am 1T1r1N
Ony
►taca la1v i
IT 1091 R•wnue• 2,203,141 3004,174 175,434 114,011 700901 213x131 5105N 4,101,113 1J
Proposed 1 Incres•t 13.004 5.791 25.006 24.506 24.401 7.00% 4.001 9.441 1
loll Revenue 4 2,410,949 307900244 2100295 111,792 190720 260,702 99,001 7,0!10311
Pr•p•s•d Itstes
i
1
~r
1~ ~ kC
EXHIBIT III 30-Jul-90
City of Denton Water Utility
Current vs. Proposed Rates
Rate Schedule Proposed Current
Rates Rates
Residential Rate WR
3/4" Meter $7.40 $6.75
1" Meter 8.75 8,00
1 1/2" Meter 12.50 11.50
2° Meter 14.00 12.75
First 15,000 gal 2.00 1.85
15,000 - 30,000 gal Summer 3.00 2.75
All over 30.000 gal Summer 3.75 3.30
15,000 - 30,000 gal Winter 2.00 1.85
All over 30,000 gal Winter 2.00 1.85
i
Commercial/Industrial Rate WC
3/4" Meter $15.75 $14,25
1" Meter 17,25 15.50
1 1/2" Meter 20.00 18;00
2" Meter 22.25 20.00
3" Meter 63.00 56.00
J 4" Meter 105.00 95.00
6" Meter 135.00 120.00
8" Meter 153.00 137.00
Commodity Charge/1000 gal
Commodity Charge/1000 gal 2.20 2.00
Sales for Resale Rate WW1/WW2
Minimum Charge WWI $155.00 $155.00
Minimum Charge WW2 $170.00 170.00
WWI Demand Charge per 1,0009&1 20.00 20.00
WW2 Demand Charge per 1,0009&1 27.40 27.40 ;
Commodity Charge 0.90 0.85
1
Over 3,00040001 NA NA
.
*
Intra-Govt Finished Water Rate WO
3/4" Meter $11.25 311125
1" Meter 12.50 12.50
1 1/2" Meter 15.50 15.50
2" Meter 17.50 17.50
3" Meter 53.50 53.50
4" Meter 85.00 85,00
6" Meter 107.00 107.00
8" Meter 125.00 125.00
J Commodity Charge/1000 gal
Commodity Charge/1000 gal 2.00 1.90
I
r
FO
~M5
r lt.~r•
EXHIBIT IiI 30-Jul-90
City of Denton Water Utility
Current vs. Proposed Rates
Rate Schedule Proposed Current
Rates Rates
Intra-Govt Raw Water Rate WGU
4inimum Charge $130.00 $113.00
Commodity Charge/1000 gal 1.20 1.10
Standby Fire Service Rate WF
8"
S" Line $30.00 $23.00
Line 40.00 35.25
Metered Hydrants Rate WFH f+
j Customer Charge Minimum $25.00 $22.00 1
Commodity Charge/1000gal 2.20 2.00
I
j
1
t
i
i
i
i
Exhibit III
City of Denton Wastewater Utility
Current vs. Proposed Rates
for.,'%
F
Rate Schedule Proposed Current
Rates Rates
RESIDENTIAL SEWER
Facility Charge $4.00 $3.00
Commodity CharEe/1000 gal 1.50 1.50
REGULAR COMMERCIAL SEWER
Facility Charge $10.00 57.25
Commodity Charge/1000 gal 1.85 1.78
PRETREATMENT SEWER
Facility Charge $30.00 $7.25
Volume Charge/1000 gal 2.50 1.90
Surcharge - ISee Belowl
EATING PLACES
Facility Charge $10.00 $7.26
Volume Charge/1000 gal 2.45 1.95
Surcharge - (See Below)
EQUIPMENT SERVICES
Facility Charge $10.00 $7.25
J Volume Charge/1000 gal 2.46 1.95
Surcharge - (Sae Below)
WHOLESALE SEWER
Facility Charge 4125.00 $125.00
Commodity Charge/1000 gal 2.10 1.95
Surcharge - (See Below)
INTRA-GOVERNMENTAL SEWER
Facility Charge $10.00 $7.50
Commodity Charge/1000 gal 1.60 1.60
RESIDENTIAL SEWER SERVICE TO USERS
WITHOUT DENTON WATER SERVICE
Fac Char Corporate Lots $4.00 $2.26
Fac Char 0 Corporate Late 5.75 3.35
Commodity Charge/1000 Cal CL 1.60 1.60
Commodity Charge/1000
al OCL 2.26
t 2.25
Surcharge - BOD $/ppa > 250 0.001716 0.000743
- TSS $/ppa > 260 0.001382 0.000161
l;
Y
V
I~
~c
rre..r•
` EXHIBIT IV
RESIDENTIAL MATER TABLE 1
IMPACT OF RATE INCREASE ON RESIDENTIAL
CUSTOMERS USING 3/4" METERS
CURRENT PROPOSED
SMALL CUSTOMER RATES RATES
A) 7,500 GALS/MONTH
1. FACILITY CHARGE 86.75 17.40
2. VOLUME CHARGE $13.88 815.00
TOTAL 820.63 $22.40
4. CHANOR
A) In Dollars $1.78
a) 7n Percent 8.61%
AVERAGE CUSTOMER
! B) 100000 GALS/MONTR
1. FACILITY CHARGE 86.76 17.40
2. VOLUME CBATWE 818.50 810.00
3. TOTAL 825.25 821.40
4. CHANGE
a) In Dollars 82.16
a) In Percent 8.61%
f
i
J
iP
~ I
1
ow~ PF,
.
v '1
EXHIBIT IV
RESIDENTIAL MATER AND WASTEWATER TABLE 2
-
CURRENT PROPOSED
SMALL CUSTOMER RATES RATES
WATER:
A) 7,600 OALB/MONTH WATER
1. FACILITY CHARGE $6.76 $7.40
1 2. VOLUME CHARGE $13.88 $16.00
Ilk WASTEWATER:
6,000 GALS/MONTH DISCHARGE
1. FACILITY CHARGE $3.00 $4.00
2. VOLUME CHARGE $8.00 $8.00
3. TOTAL WATER A WASTEWATER $32.63 $36.40 {
I
4. CHANGE
a) In Dollars $2.77 ,
a) In Percent 8.49% i
i
AVERAGE CUSTOMER
!
sl i WATEE:
A) 10,000 GALE/MONTH MATER
1. FACILITY CHARGE $6.76 67.40
2. VOLUME CRAM $18.60 $20.00 ~
I
WASTEWATER:
k 6,600 GALS/MONTH DISCHARGE
1. FACILITY CHARGE $3.00 $4.00
2, VOLUME CHARGE $9.7G $9.76
f 3. TOTAL WATER i WASTEWATER $38.00 641.16
4. CHANGE
k a) In Dollars $3.16
a) In Percent 8429E
I ;
77
ti
EXHIBIT IV
RESIDENTIAL MATER AND WASTEWATER TABLE 3
CURRENT PROPOSED
LABOR cum m RATES RATES
WATERi
A) 40,000 GALS/MONTR WATER
! 1. FACILITY CRJ"Z 16.73 17.40
2. VOLUME CHARGE 174.00 180.00
WASTEVATIR3
10,000 GALS/MONTH DISCHARGE
1. FACILITY CHARGE 13.00 14.00
3. VOLUME CHARGE 116.00 116.00
3. TOTAL MATER ! WASTEMATzR 198.76 1106.40
t ~
4. CHANGE
A) In Dollars 17.63
I
a) in Poroeat 7.76%
{
Ij
f ~
t '
I
4 -
Ile-
}
EXHIBIT IV
-
COMMERCIAL WATER TABLE 4
MONTHLY IMPACT OF RATE INCREASE ON COMMERCIAL CUSTOMER
CURRENT PROPOSED
RATES RATES
1. FACILITY CHARGE $15,50 $17.15
1. VOLUME CHARGE $80.00 $88.00
3. TOTAL $95.50
$105.25
4. CHANGE
a) In Dollars $9.75
a) In Percent 10.21%
USAGE DATA s
A. Facility charge based on 110 m*ter.
S. Volume charge based upon 40,000 gallon consumption
a.
4
I
I
~r
11 n
I
i
EXHIBIT IV
COMMERCIAL WASTEWATER TABLE 5
MONTHLY IMPACT OF RATE INCREASE ON A RESTAURANT
CURRENT PROPOSED
RATES RATES
1. FACILITY CHARGE
$7.23 $10.00
2. VOLUME CHARGE $156.00 $196.00
-
3. TOTAL $163.25 $206.00
4. CHANGE
A) In Dollars $42.75
'I
a) In Percent 26.191 ,
i
USAGE DATA t
Commercial discharge based on average monthly
consumption of 100,000 gallons of water.
w.
r
ti
f......
r , 1 EXHIBIT IV
COMMERCIAL WASTEWATER TABLE 6
MOWrflLY IMPACT OF RATE INCREASE ON A CAR WASH
CURRENT PROPOSED
RATES RATES
1. FACILITY CHARGE $7.25 $10.00
2. VOLUME CHARGE $390.00 $490.00
3. TOTAL $397.25
$500.00
4. CHANGE
a) In Dollars $102.75
a) In Percent 25.871
USAGE DATA t
A. Commercial discharge based on average monthly consumption
of 250,000 gallons.
B. Equipment Services Rate
{
`i
. i
j
a
Ole-
EXHIBIT IV
_
PRETREATMENT WASTEWATER TABLE 7
MONTHLY IMPACT OF RATE INCREASE ON A PRETREATMENT CUSTOMER
CURRENT PROPOSED
'RATES_ RATES
1. FACILITY CHARGE $7.25
;30.00
2. VOLUME CHARGE $190.00
$2-0.00
3. TOTAL $
197.25 $200.
4. CHANGE $28000
a) rn Dollars $02.75
a) rn Percent 41.951 f !
USAGE DATA t
A. Pretreatment discharge based on 4Verage monthly
consumption of 100,000 gallons of water.
'a
1
I
1
s"^"... EXHIBIT V
WATER RATE COMPARISON WITH OTHER CITIES TABLE 5
I
RESIDENTIAL
I
AT 35000 GALLONS
saaaaaaaaaaad►aaa
AT 10,000 AT 150000 SUMMER WINTER
CITY GALLONS GALLONS MAY-OCT NOV-APR
f 1. ARLINGTON $22.80 $32.30 $70.30 $70.30
2. CARROLLTON $28.28 $41.63 $95.03 $95.03
3. DENTON rates $25-25 $34.50 $92.25 $71.50
bj w/rate Current inc. $27.40 $37.40 $101.15 $77.40
4. LEWISVILLE $27.95 $38.20 $79.20 $79.20
COMMERCIAL TABLE 6 i
AT 40,000 AT 1000000
CITY GALLONS GALLONS
1. ARLINGTON $79.80 $193.60
2. CARROLLTON $114.48 $207.68 I
3. DENTON
a) Current rates $94.25 $214.25
b) With rate incr $103.75 $235.73
4. LEWISVILLE $09.45 $212.45
I
I
1
r
EXHIBIT V
WASTEWATER RATE COMPARISON TABLE 8
-----WITH-OTHER CITIES
RESIDENTIAL
COMMERCIAL
1. ARLINGTON $11.03
iS8.13
1 2. CARROLLTON $14.19
ibS.73
f 3. DENTON
$19.03 $b9.~0 J
4. LEWISVILLE $16.05
$77.80
j
USAGE DATA =
,j
A. Residential discharge based on 7,500 gallons of water I
consumption.
r
i B. Commercial discharge based on 40,000 gallons of Water
f consumption.
'i
1
1
1
1 '
I
i
4 PUB Minutes EXCERPT FROM PUBLIC UTILITIES BOARD
Page 4 MINUTES 8/2/90
1. REVIEW PRELIMINARY RESULTS OF THE 1991 WATER AND WASTEWATER
RATE STUDIES.
Nelson presented overviews to the Board showing a deficit of
over $888,000 in water, and over $506,000 in wastewater for
1991 at the present rate structure. The Board had give:
Instruction to allow a 1-1/21 margin between revenues and
expenses in rate increases. Careful review and calculation +
of all proposed revenues and expenses resulted in the 1
recommendation of a 9.971 increase in water rates and a
9.461 increase in wastewater rates for 1991.
LaPorte felt this was better than the expected 121 increase
previously anticipated due to the EPA requirements for the
building of a new wastewater treatment plant.
Nelson informed the Board that the UTRWD anticipated payment
of $704,000 will help our debt service considerably. Nelson
noted that revenue from pro rata had been eliminated from
the budget.
Thompson asked about pro rata. Nelson informed him that the
question was addressed to City Council. Our City Attorney, i
as well as TML's, agreed that the 1987 legislative action
regarding pro rata established that we can not charge for j
pro rata. The City Council preferred not to go to the
expense of asking the Attorney General for his opinion.
;I
Harrell questioned about funds going back into General
Government from Utilities relative to the Utility basis
rates being charged to Corinth and LCMUA. Nelson explained
that the Utility will continue to pay General Government a
6% return on investment for all rate base. However, the
utility cannot pass this cost directly onto the wholesale
customers because of Texas Water Commission regulations
regarding fair rate of return. However, the Utilities will
charge the wholesale customers 1.51 over imbedded interest r
rate on rate base assets, plus .641, which is what a private
utility would pass on as the cities ad valorem tax rate,
plus an amount equal to 41 of gross revenues as a street
rental fee.
He noted that this may not totally capture the 6% return on
investment the Utility must pay, but when revenues for
depreciation are taken into account, wherein depreciation
rates are over 20 years but asset may last 35 years, the
utility is probably about breaking even. He noted that the
Texas Water Commission probably would not allow any greater
rate of return if our rates were challenged.
.
~M~~• PUB Minutes
Page 5
Nelson reviewed the current vs the proposed rates -
residential and commercial, and the Impact of the rate
increase on the small, average, and large customers.
Thompson asked if action was requested. Nelson said no, the
Utility needed guidance from the Board with regard to any
changes in the proposed rate increases.
Member Frady left the meeting at this time for another J
appointment. 1
LaForte moved and Laney seconded the proposed rate increase
for 1991 and going onto City Council for their approval.
All ayes, no nays, motion carried.
Meeting adjourned at 1:45 p.m. Next regular scheduled meeting
was set for August 15, 1990, at 5:30 p.m.
1
y I
r y
. i
PUBMINA0Z
;
i
i
r
September 40 1990
CITY COUNCIL WORK SESSION y
TO: MAYOR 6 MEMBERS OF THE CITY COUNCIL
FROM: LLOYD V. HARRELL, CITY MA14AGER
SUBJECT; SOLID WASTE RATE INCREASE
RECOM14ENDATION:
The Public Utilities Board, at their meeting of August 2, 1990,
recommended to the City Council, approval of subject 6% increase.
The final ordinance will be presented to the City Council on
September 18, 1990. Staff requests guidance and input from the
Council.
SUMMARY/BACKGF.JUND.,
As presented to the Public Utilities Board on May 9, 1990, and again
on August 2, 1990, the Solid waste budget for the 1990-91 fiscal year
includes a 6% rate increase for residential, commercial and the
majority of landfill fees. The rate increase is necessary in order
for the Department to maintain current levels of service and to
provide for the minor expansion of some programs to meet new demands
placed on the Department. In effect, the proposed increase will i
generate approximately $200,432 in additional funds for the
f Department.
A 6% increase in residential rates will result in an increase of 564
per month for each residential customer. Current rates would increase
from $9.39 TO $9.95 per month and would cost each customer $6,72 per
year. With a rate of $9.951 the Department will be able to continue
1
to maintain the dependability and effectiveness of our current levels
of service, The Department will be able to continue providing twice
weekly collection at each residential unit, special collection of
brush and bulky items each Wednesday, and the distribution of two
rolls of garbage bags to each customer per year, the operation of the
City's litter collection program, and the operation of the City's
mosquito spraying program.
The proposed increase will result in an across-the-board increase of
61 of all levels of commercial services. Exhibit I, which is
attached to this memorandum, provides the specific dollar increases
for each class of customer which would result from a 61 increase,
I
,
NMI
Page 2
For our dumpster customers, the average dollar increase For our rl-off
wo l
~ d be
0.02 with a low of $1.02 and a
customers, the average dollar increase will high of $17tie6. $8.06 with a low of
r
in additionalhcommercialdreincrea venues will generate an
estimated h,igh of
Relative our clandfill ustomers usage except ratese re automobile or
applied to all
standard t ruc!. i-a9e• The price per cubic y: ..d for materials
wouclyard to
rate cubi
be as
cubic yard. landfill would increase
t3.00 disposed at the
follows:
RATEINDIVIDUAL USERS OF LANDFILL '
Charge Per
Type of Vehicle Vehicle Per Load
Ex e n FEB
$3.00 No change
1. Automobiles and station wagons,
pickup trucks less than one-half
ton, (such as Bronco II's and
similar size vehicles).
i
2. Motor vehicles with a carrying $10.00 No change
load capacity of 2 cubic yards
less than 5 cubic yards (such as
one-half ton pickups, single axel
Blazers and Suburbans). {
3, pickup trucks with sideboards and 028.10 $30.00
all other vehicles with a carrying
capacity in excess of 5 cubic yards
but less than 10 cubic yards.
45,00
4. Vehicles with a carrying capacity $42.15 $
in excess of 10 cubic yards but
less than 15 cubic yards.
5. Vehicles with a carrying capacity in $56.20 $60.00
excess of 15 cubic yards but less
than 20 cubic yards.
90.00 j
84.30
6. Vehicles with a carrying capacity in
excess of 20 cubic yards but less
than 30 cubic yards.
7, Vehicles with a carrying capacity in $112.40 $120.00
excess of 30 cubic yards but less
than 40 cubic yards.
i
I
f
IIr ~L I
P Page 3
I
RATES FOR COMMERCIAL USERS OF LANDFILL
I
Existing
Proposed
Residential and commercial $2.81/cu. yd. or
garbage $11.24/ton $3.00/cu, yd, or
$12.00/ton
Rubbish (trash) $2.81/cu, yd, or $3.00/cu, yd, or
$11.24/ton $12.00/ton
Uncompacted residential $2,81/cu, yd, or $3.00/cu, yd, or
and commercial garbage $11.24/ton $12,00,'ton
This increase would generate approximately $16,060 in additional
landfill revenue.
The $200,432 generated by this increase would also allow for the
funding of all supplemental packages included in the proposed budget
as presented to the Public Utilities Board on May 9, 1990, and August
2, 1990.
These packages include; {
h 1. Scraper Rental (Disposal) $45,000 '
2. Tire Cutter (Disposal) 21784
3. Replace Pickup (Residential) 51835 1
4. T-Rubber Seal (Disposal) 500 '
5. Front Load Dumpsters (Commercial) 41,000
6, Front Load Truck (Commercial) 16,250
7. Drop-off Recycling (Residential) 71990
+
8, Curbside Recycling (Residential) 17,272
9. Christmas Tree Recycling (Residential) 1,865
10. Adopt a Street Mile Program (Res,) 11 260
Total
` in addition to covering the cost of these packages, the increase, when
f coupled with baseline revenues and expenditures, will generate $84,980 1
in net income for the Sanitation Fund. At the end of the 1990-91 I
fiscal year, the net income will be applied to the deficit which 1
currently exists in the Sanitation Fund, Such action is absolutely
essential to the retirement of the fund deficit within a reasonable
time frame.
It would be possible to avoid this increase in rates by not funding
the supplemental packages and reducing the amount of net income to be
applied to the fund deficit. Such action would be detrimental to
existing operations, somewhat unpopular with certain segments of the
community and contrary to the Department's objective of retiring the
fund deficit in a reasonable time frame.
i
11
wr.a~
~ 4 A
I ~
B
Page 4
The items included in supplemental packages one through six which
include scraper rental, tire cutter, replacement pickup, T-rubber
seal, front load dumpsters and front load truck, are essential to the
maintenance of current service levels. Failure to fund these packages
would adversely affect the Department's ability to provide service to
its customers etnd would, in all probability, result in some reduction
j in service level. The scraper rental and tire cutter packages are
essential to the proper operation of the landfill within state and
federal guidelines. Failure to fund these items could result in
i non-compliance ratings from the Texas Department of Health and
eventually, lead to legal actions and monetary penalties assessed
against the City. Li;eewise, items such as the front load dumpsters
and front load truck are essential to mairtain current levels and
provide for expansion of the commercial se.vices. Failure to fund
these items could result in the city's inability to service new
customers and reductions in current revenue.
Items seven, eight and nine, which include a drop-off recycling
center, curbside recycling pilot program and Christmas tree recycling,
were developed in an attempt to reduce the amount of waste going into
the landfill. These programs have been proposed due to our own
environmental concerns and the recent support such programs have i
received from various segments of the community. This support was
recently evidenced by two petitions which were submitted to the City
Council demanding that the City implement curbside recycling.
The last item which involves an adopt a street mile program was s
developed to enhance the appearance of the community by increasing
litter collection along City streets. This approach also has a side
benefit by allowing various civic groups a nominal income for their
involvement. While being extremely cost effective, this endeavor has
significant support from the Beautification Commission and the City
Council.
s One alternative which the Co::ncil may have, other than eliminating
some of these programs, involves the landfill debt retirement fund.
The proposed budget includes ,1,2000000 which will be placed in the l
landfill debt retirement fund. Such a fund was necessitated due to
the premature closure of the landfill several years befoag the
landfill development bonds will be paid off. Two years ago, the staff
implemented a plan as endorsed Uy the City Council whereby funds would
be set aside each year to pay oft she landfill debt upon the closure
of the landfill. It would be possible to use these funds to cover the
cost of the packages however, funds to cover the landfill debt would
need to be recovered at some point in the future.
1
i
i
1
j,..... Page 5
i
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Sclid Waste Customers, Solid Waste Divisiun, Legal Department, Public
Utilities Board, City Council, Denton Municipal Utilities.
4
Respectfully,
Ih L1 V. Harrell
City Manager
APPROVED BY:
R.E. Ne son, Execut ve Uiiector
Department of Utilities
i~
Prepared by:
1
Bill Angelo, Dir for of Public Works {
I
1
EXHIBIT I Exhibit A
II Minutes PUB Neeting of 8/2/90
III. Proposed Ordinance '
t `
E ~
I
i
6830U:1-5
f
Mal
I ,
DLMPSTER RATES
r 2 CUBIC YARD CONTAINERS
SERVICE PER WEEK RATE PER 30 DAY PERIOD
EXISTING PROPOSED
RATES RATES
1 S 16.84 S 17.86
2 26.12 27.68
3 39.18 41.52
4 50.24 53.28
5 62.80 66.60
6 73.80 78.24
I 3 CUBIC YARD CONTAINERS
1 $ 25.26 S 26.79
2 39.16 41.5'?
3 56.52 59.94
4 73.80 78.24
5 92.25 97.80
110.70 117.36
6
J
4 CV81C YARD CONTAINERS
1 $ 26.12 $ 27.68 ,
2 50.24 53.28
3 73.80 78.24 1
98.40 104.32
5 123.00 130.40 E
6 147.60 156.48 `
6 CUBIC YARD CONTAINERS
v 1 $ 39.18 S 41.52
p 73.80 78.24
3 110.70 117.36
4 147.60 156.46
5 183.00 194.10
6 219.60 232.92
8 CUBIC YARD CONTAINERS N
1 S 50.24 $ 53.28
t 2 98.40 104.32
3 147.60 156.48
4 195.20 207.04
5 244.00 256.80
6 292.80 310.56
i
1S1/050990077 EXHIBIT A
Rwisw 5/9/90
a
i
1
t
OUMPSTERS
i
CUBIC YARDS RATE
COLLECTED PER WEEK' PER CUBIC YARD PER WEEK
i EXISTING PROPOSED
1-3 $8.42 $8.93
4-6 6.53 6.92
7-10 6.28 6.66
11-25 6.15 6.52
26-50 6.10 6.47
51-1DO 5.93 6.29
101-125 5.68 6.02
126-150 5.59 5.93
151-175 5.33 5.65
176 or more 5.16 5.47
i
i
OPEN TOP CONTAINERS AND COMPACTORS
J RENT
TYPE OF CCNTAIM PER 30 DAYS SERVICE OWJIOE PER CUBIC YARD 1
1XISTM MOM
i
20 cubte yard open top $ 39.53 $5.09 $5.40
' '.ti 30 cubic Yard open top 52.50 5.09 5.40
V,J 40 euble yard open top 57.73 5.09 5.40
It able yard eonpeetor 87.15 5.09 5.40
15 cable yard cenpeetor 89.25 5.09 5.40
20 ruble yard caipaetor 115.50 5.09 540 }
25 euble yard compactors 115.50 5.09 5.40
30 cubic yard compactor 157.50 5.09 5.40
42 cublc yard compactor 176.40 5.09 5.40
RESIDENTIAL RATE: EXIST[% PROPOSED
$9.39 per 30 days $9.95 per 30 days
EXHIBIT A-1
1SI/050990080
00
t
CCMIERCIAL "ROLL-OFF" RATES
f
i~ A $50.00 delivery fee is to be charged to all rnw customers.
EXISTING PROPOSED
OPEN TOP RENT COST COST
CONTAINERS PER 30 DAYS PER PULL PER PULL
20 cu. yd. S 39.53 $01.80 $108.00
30 cu. Yd. 52.50 152.70 162.00
i
40 cu. yd. 57.75 203.60 216.00
EXISTING PROPOSED
RENT COST COST I
COWACTORS PER 30 DAYS PER PULL PER PXL, {
n ;
12 cu. yd. S 87.15 S 61.08 S 64.80
15 cu. yd. 89.25 76.35 81.00 1
20 cu. yd. 115.50 101.80 108.00
25 cu. yd. 115.50 127.25 135.00
30 cu. yd. 157.50 152.70 162.00
Fq
42 cu. yd. 176.40 213.78 226.80
c
(Cost per pull a $5.09 x e/y size)
Proposed (Cast per pull = $5.40 x c/y size)
i
I
i
191/050990078 (Rev. 5/9/90) ZMAtT A-2
` 2234L
r;..,
t
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR RESI-
DENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHO-
RIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the charges for residential garbage collection
services as authorized by Section 12-19(b) of Article II of
Chapter 12 of the Code o~ Ordinances is hereby established in the
amount of Nine Dollars ..nd 95/100 ($9.95) for each individual
family unit for a thirty (30) day period.
SECTION II. That the charges for commercial and institutional
garbage co ection services, established in accordance with
Section 12-20 of Article III of Chapter 12 of the Code of Ordi-
nances, shall hereafter be:
A. DUMPSTERS
Cubic Yards Rate Per
Collected Per Week Cubic Yard Per Week
1-? $8.93
4-6 6.92
7-10 6.66
11-25 6.52
26-50 6.47
51-100 6.29
101-125 6.02
126-150 5.93
151-175 5.65
176 or more 5.47
B. OPEN TOP CONTAINERS AND COMPACTORS ~II
1 Type of Rent I
Container Per 30 Days Service Charge
20 cubic yard open top $ 39.53 $5.40 per cubic yard ,
30 cubic yard open top 52.50 5.40 per cubic yard
40 cubic yard open top 57.75 5.40 per cubic yard
12 cubic yard compactor 87.15 5.40 per cubic yard
15 cubic yard compactor 89.25 5.40 per cubic yard
20 cubic yard compactor 115.50 5.40 per cubic yard `J
25 cubic yard compactor 115.50 5.40 per cubic yard
30 cubic yard compactor 157.50 5.40 per cubic yard
42 cubic yard compactor 176.40 5.40 per cubic yard
1
Ile
I r J
N
rip
r
7
f A delivery fee of $50.00 per container will be charged to all
new customers for open top containers and compactors.
SECTION III. That this ordinance shall become effective im-
mediately y upon is passage and approval.
E PASSED AND APPROVED this the day of , 1990.
BOB CASTLEBERRY, MAYOR
I
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY 1
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORITEY
BY
1
s}
1
s
PAGE 2
a
fi I
r EXCERPT PUB MINUTES 812190
2. REVIEW PRELIMINARY 1991 SOLID WASTE RATES.
Nelson explained this was almost the same data as presented
at budget review, this being the official review.
Angelo informed the Board of the proposed 61 residential
solid waste increase. This would maintain the current level
of service. Thompson asked how much of an increase was
there last year? 1-1/2 1 increase to residential customers
at the Landfill.
Charlie Watkins addressed the various cost scenarios
regarding solid waste disposal.
Laney asked how our rates compared with the private
collectors. Angelo answered our residential rates were
higher, but the Landfill rates wore lower. Thompson asked
about the rates to the private commercial collectors who
empty into our Landfill. Angelo said those rates would
increase to $3.00 per cubic yard from $2.67 per cubic yard.
Nelson explained that we make less than it costs us to
replace the space at our Landfill. He noted that in our
long range planning for the Landfill, we may need to
establish rates that would encourage the public to use
o,a other landfills instead of using our Landfill. Angelo
t4' informed the Board that they are working on this scenario
and should have it ready for presentation to the Board in
the next few months.
LaForte moved the recommended 61 increase be approved.
Angelo apprised the Board that the garbage bags that the
City sells are not profitable due to the sales tax increase.
The price needs to be increased to $6.00 per roll. Nelson
informed the Board that this increase was not part of the
proposed solid waste rate increase, but `rather an
administrative operational action necessary recover
actual cost of providing extra bags.
I
i
i
s
PUB Minutes
Page 3
Frady seconded the motion of LaForte. All ayes, no nays,
motion carried.
3. REVIEW CURBSIDE RECYCLING PROGRAM AND FUTURE OPTIONS.
Nelson informed the Board that this was a pilot program
dependent upon feasibility, costs, etc. It was proposed to
use the area between Sherman Drive and Stuart Road as the
pilot area in the City. It is assumed that the program will
have a 30% participation rate by the citizens.
Charlie Watkins reviewed the various plans for
implementation of a full scale City-wide curbside collection
program if this pilot program Is successful.
Plan A Included hiring of two employees, collection of brush
five days per week, pick up of recyclables by regular crews
I every Wednesday, purchasing six 1 ton trucks with gondolas.
Cost is estimated at $157,000. Advantage, hire only 2
employees; disadvantage, equipment purchase.
Plan B included collecting garbage on Monday and Tuesday
with Thursday and Friday collection of recyclable materials.
This would require three crews on Monday and Tuesday. Cost
estimated at $347,000. Angelo and Watkins showed the Board
the pamphlet on the curbside containers. These would be
used for collection of newspaper, certain plastic
containers, glass, and tin. The containers cost $20/set.
Plan Cl would require the hiring of four employees and have
recyclable collection every day, 5 days per week.
Advantage, purchase less equipment. Cost is $158,000.
Plan C2, would provide recyclable pick up once per week. It
is the most productive plan. It would require the hiring of
two people to man the recycling truck. Disadvantage,
equipment is more expensive. Cost is $162,000.
Thompson asked what we would save in landfill space per
year. Angelo stated approximately 9-13% volume reduction in
residential waste by recycling. Thompson asked if Angelo
was making a recommendation to the Board for approval.
Angelo said no, this was just showing them the costa of the
proposed pilot programs available. As the pilot program
proceeds, the Staff will bring progress reports back to the
Board and begin formulating more permanent recycling plans.
is
P
CITY
COUNCIL
- - - - - - - - - - - - - -
{
wk~ 1
1 1 ,1
O
GGG00~~~~0
i ,
DATE:
August 29,1990
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Proposed Amendment of Swimming Pool Fencing
Requirements
RECOMMENDATION:
Building Code Board recommends adoption.
SUMMARY:
Proposed amendment adds gate and door latching requirements
which are not presently included in our ordinance. The
proposed ordinance will require existing swimming pool, spa and
j hot tub owners to comply before May 1991.
BACKGROUND:
Dr. Daniel L. Levin, Medical Director Pediatric Intensive Care a
Unit at Children's Medical Center in Dallas requested that the
City review its swimming pool fencing ordinance and amend it if JI
necessary in an attempt to reduce the number of injuries and
drownings of small children. ,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: t
Swimming pool, spa, and hot tub owners
FISCAL IMPACT:
Owners of :-rimming pools, spa and hot tubs must provide fences, j
gates and self latching devices.
Resp Eully s b fitted:
Prepared by:
~,e c p l_ City Manager e
Approved-
Frank ns, A CP
Executive Director
Planning and Development
OD23S
r ) 6146 DZMX CODs 1 b177
SEC. 506.
Section 506. Fencing.
All private swimming pools Shall be fenced In a manner
to reasonably data law to such pool from adjoining or
adjacent property and Such fencing shall be no lean than
five (5) feet in height from ground level and completely
enclose the swimming pool. An existing dracture, meb as
a house or accessory building, may be used se part of the
enclosure If at least fin (6) tad to height.
No fella or eneloeing atrudan may be used If stair.
stepped or staggered u to Invite dimblar, or which done
not reasonably deter climbing, by dd*= under age tweln
(12).
All fencing must be installed before the swimming pool
becomes a hazard or an attractive nuisance, said in all am
before completion of the swimmins pooL
If a swimming pool was completed prior to the effective
date of this code, the owner, tenant or manager thereof
shall have thirty (50) days from such effective data to
complete the fencing required by this section. (Ord. No.
71.30, Pt. I, 10.2671)
CURRENT ORDINANCE PASSED IN 1911
I '
4
r
1
1
i
ORDINANCE N0.
AN ORDINANCE AMENDING SECTION 5-176 of CHAPTER 5, ARTICLE V
(BUILDING CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
RELATING TO FENCING AND GATE REQUIREMENPS FOR SWIMMING POOLS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
L, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS3
sEcTIOx j. That Soo. 305 of Section 5-176 of Article V,
chapter 5 of the Code of Ordinances of the City of Denton, Texas is
hereby amended to read as followsi
section 5-17ta Deletions and Amendments.
i
A now Section 305 is added to said code which shall hereafter
read as follows:
t 1
eeea 3050 Bnoiosure0
(a) snolosurea Every owner, lessee, tenant or other
person in possession of land upon which is situated a
swimming pool, spa or hot tub shall at all times
maintain upon the tract, lot or premises on which the
swimming pool, spa or hot tub is located a fence,
wall, barrier or other enclosure that completely
surrounds the swimming pool, spa, or hot tub. The
j height of the enclosure shall be not less than sixty
exterior inches grade in level height with no openings, hothe les a oragaps
large enough for a sphere four (4) inches in diameter
f to pass through,
(b) Oates. Any gate opening directly pools spa or hot tub enclosure shall be not lose :than 1
forty-.eight (45) inches in height when measured from I
the adjacent exterior grade level and shall be I
equipped with self-closing and iolf-latchinq devices
designed to keep, and capahle )f keeping such
securely closed at all times whin not in actual usate
e.
The latching device, when located on the pool, spa or
hot tub side of the gate, shall be attached not lass
than forty (40) inches above grade when measured from
the adjacent exterior grade level. If providrd on the
non-pool, (exterior) side of the gate, the latching
device shall be a minimum of fifty-four (54) inches
above adjacent exterior grade.
i
k b
(c) Doors. A door in an exterior wall of a dwelling unit
which allows direct access to a swimming pool, spa or
hot tub shall have a latching device installed on the
interior side of the door which does not require the
use of a key in order to exit the dwelling unit. When
more than one (1) latching device is provided, at
least one (1) such device shall be attached forty (40)
to forty-eight (48) inches above floor level. When a
single latching device is provided, it shall be
attached not less than forty (40) nor more than
forty-eight (18) inches above floor level.
An accessory building which forms part of the swimming
pool, spa or hot tub enclosure may have doors opening
on either the swimming pool, spa or hot tub side or
the non-pool, spa or hot tub side, but not on both
sides.
(d) Now installation. The owner of property on which a
private or semipublic swimming pool, spa or hot tub is x
built after the effective date of this ordinance shall
comply with the provisions of this section before the
swimming pool, spa or hot tub becomes an attractive
nuisance and in all cases before filling the swimming
pool, spa or hot tub with water.
(a) ■sisting swimming tool, spa or sot Tub ftolosures.
(1) Each owner of an existing private or semi-
j public swimming pool, spa or hot tub having a
JI depth twenty-four (24) inches or more at any
point shall comply with section (a) hereof on
or before the 30th day of April, 1991.
(2) Each owner of a private or semipublio
swimming pool, spa or hot tub enclosure shall
comply with the provisions of subsection (b)
hereof on or before the 30th day of April,
1991 or whenever an addition, remodeling or
repair made to any structure on the same
tract, lot or premises exceeds a valuation of
ten thousand dollars ($10,000), whichever
occurs first.
SECTION 11. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sun not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
PAGE 2
I
r
j(
Owl
F
1 u
4
1
{
Y
l
SECrio); ill. That if any section, subsection, paragraph,
sentence, clause phase or word in this ordinance, or application
thereof to any person or circumstance is hold invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV. That the repeal of any ordinance or any portion
thereof by the precodinq sections shall not affect or impair any
act done or right vested or accrued or any proceeding, suit or
prosecution had or commenced in any cause before such repeal shall
take effect; but every such act done, or right vested or accrued,
or proceedings, suit or prosecution had or co=4nced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed had remained in force.
sECTIOM V. That this ordinance shall become affective 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 officia4
newspaper of the City of Denton, Texas, within ten (10) days of thq
date of its passage.
PASSED AND APPROVED this the ~ day of , 1990.
BOB CASTLZURRY, MAYOR
ATTESTS
JENNIFER WALTtRS, CITY SECRETARY
{ Sys
APPROVED As TO LEGAL rORM:
DEBRA A. DRAYOVITCHr CITY ATTORNEY
BY F A_
swim.ord
PAGE 3
=map
r
5
p
t MINUTES
f .
Building Code Board
August 2, 1990
Present: Isabel Miller, Wayne Allen, Greg Muirhead, Ed
Owens, Jackie Doyle-Building Official
Absent: Cliff Reding
1. Greg Muirhead was administered the oath of office by
Betty Williams of the City Manager's Office.
II. Allen moved that the minutes of June 7, 1990 be approved
as written with the exception that the third paragraph
of item IV be amended to read as follows: Owens felt
that the proposed amendments were acceptable with the
exception that the four (4) inch asphalt requirement be
changed to five (5) inches on six (6) inches of lime
subgrade. Owens seconded the motion. Motion carried
unanimously.
111. The Board continued its discussion of the City's
parking lot paving requirements. Allen said that he had
talked with Mr. Hooper of Hooper and Associates, a soil i
engineering firm, regarding (Mr. Hoopor's prior
h statements to the Board) regarding whether four (4) or
five (5) inches of asphalt on six (6) inches of lime
stabilized subgrade was adequate. Allen said that Mr.
Hooper said that the four (4) inches of asphalt on six
(6) inches of lime stabilized subgrade was adequate
because the lime provides some strength. The Board
agreed that four (4) inches of asphalt on six (6) inches
of lime stabilized subgrade was adequate.
The Board agreed that their prior recommendation concerning
approval of parking lot paving plans drawn by an engineer
registered by the State of Texas should not change. The
proposed ordinance amendment previously read as follows:
in lieu of the above specifications, a parking lot may be
constructed in accordance with the design made by an engineer J
registered by the State of Texas if the design is approved by I
tht City Engineer.
The Board recommends that the above sentence be changed to read i
! a follows: In lieu of the above specifications, a parking lot
may be constructed in accordance with design made by an
engineer registered by the State of Texas and submitted to the
City for review,
i
00235
I
I
1
r
I ~Building Code Board Minutes
August 20 1990
t C" Page Two
r
The Board feels their proposal will still give the City the
authority to review and approve parking lot paving designs.
The Board also felt that their suggested change might lessen
the City Engineer's liability if a failure were to occur on a
job which the city Engineer may have suggested alternate design
or construction methods.
The Board agreed that a statement in the ordinance which reads
as follows would be helpful: Leveling sand when used under
parking lot pavement may act as a conduit for water, and
therefore is not recommended.
The Board also believes that 6x6 #6 gauge welded wire fabric
should be added as a form of concrete reinforcement.
I
The Board felt that the number of heavy truck loads on a
j parking lot each week should be ten before requiring thicker
concrete or asphalt construction. The Board-feels that while
concrete or asphalt fatigue factors might be appropriate fo
street or highways, they probably are not that important fod
parking lots.
Doyle said that he would talk to Jerry Clark, City Engineer,
about the proposed changes.
The Board reviewed proposed swimming pool, hot tub and spa
enclosure requirements and agreed that the proposed ordinance
amendment should read as follows:
Sec. 305 Enclosure
(a) Enclosure. Every owner, purchaser under contract,
lessee, tenant or other' person in possession of
land within the corporate limits of the City of
Denton upon which is situated a swimming pool, spa
or hot tub shall at all times maintain upon the
tract, lot or premises on which the swimming pool,
spa or hot tub is located a fence, wall or barrier
that completely surrounds the swimming pool, spa,
hot tub, tract, lot or premises. The height of
the enclosure shall be not less than sixty (60)
Inches in height measured from the adjacent
exterior grade level with no openings, holes or
€ gaps large enough for a sphere four (4) inches in
diameter to pass through.
0023S
I
u
slew]
r
i
i
I
r`
i la
Building Code Board Minutes
August 2, 1990
Page Three
(b) Gates, The height of all gates opening directly
into a swimming pool, spa or hot tub enclosure
shall be not less than forty-eight (48) inches in
height when measured from the adjacent exterior
grade level and shall be equipped with
self-closing and self-latching devices designed to
keep, and capable of keeping such gates securely
closed at all times when not in actual use. The
latching device when located on the pool, spa or
hot tub side of the gate shall be attached not
less than forty (40) inches above grade when
' mess a ed from the adjacent exterior grade level
M where the latching device is not readily
accessible to small children from outside the
enclosure. A latching device if provided on
the non-pool, (exterior) side of the gate shall be
a minimum of fifty-four (54) inches above adjacent
exterior grade.
(c) Doors. A door in an exterior wall of a dwelling
unit which allows direct access to a swimming
pool, spa or hot tub shall have a latching device-
installed on the interior side of the door which
does not require the use of a key in order to exit
the dwelling unit, when more than one (1)
latching device is provided, at least one (1) such
device shall be attached forty (40) to forty-eight
(48) inches above floor level. when a single
latching device is provided, it shall be attached
4 forty (40) to forty-eight (48) inches above floor
level.
k
An accessory building which forma part of the
i, swimming pool, spa or hot tub enclosure may have
doors opening on either the swimming pool, spa or
hot tub side or the non-pool side, but not on both
sides.
(d) New Installation. The owner of property on which
a private or semipublic swimming pool, spa or hot
tub is built after the effective date of this
ordinance shall be responsible for assuring
compliance with the provisions of this section
before the swimming pool, spa or hot tub becomes
an attractive nuisance and in all cases before
filling the swimming pooh spa or hot tub with
water.
I~
00235
~I
v
t .r.
I
Building Code Board Minutes
August 20 1990
Page Four
(e) (1) The owners of existing private and semipublic
swimming pools, spas or hot tubs having a
f depth of twenty-four (24) inches or more at
any point shall comply with section (1)
hereof on or before the 30th day of April,
1991.
(2) The owners of all private and semipublic
swimming pool, Bps or hot tub enclosures
shall comply with the provisions of
subsection (b) hereof on or before thirtieth
day of April, 1991 or whenever an addition,
remodeling or repair made to any structure on
the same tract, lot or premises exceeds a
valuation of tan thousand dollars ($10,000),
whichever occurs first.
Meeting adjourned at 6:10 p.m. ;
)
1 ,
I ,
00235
x
I
„M.
1 ell'
p
~ k
Vii l zVV
s
x
o3i31iee
ORDINANCE No. 19937
An ordinance amending Section 6301, 'Fencing at Swimming
POO18,' Of CHAPTER 53, 'DALLAS sUILDINO CODS,' of the Dallas
City Code, as amended; increasing the minimum height for fends
surrounding swimming pools; requiring self-closing and
self-latching devices on all gates and doors that open directly
Into a swimming pool enclosure, except on those that access
certain
non
habitable buitdingst providing grandfather
provisions for existing installations; providing a penalty not .
i1 to exceed x12,000; providing a saving clauses
~ Providing g
soverability clause; and providing an effective date.
It IT ORDAINED MY THE CITY COUNCIL OF THE CITY OF DALLAS.,
SECTION 1. That !',action 6301, •Pencin
g of Swimming tools,'
of Subchapter 63, •Pencing,• at CHAPTER'.% 'DALLAS WILDING
CODE,6 of the Dallas
City Coda, as +mended, is amended to read
as followas
'Fencing of Swimming Poole
sec. 4301, (a) Pence Every owner, ll
under contract, lessw tenant, censee or other purchaser
person of land within the corporate limits f the
i(ality of Dallas upon which is situated a swimming pool
+ shall at .all timer maintain upon the tract, lot or premises on
which the swimming pool is located a fence, wall or batriar
that completely surrounds the swimming pool, tract, lot or
premises. The fence, wall or batriar shall be not lose than
I($ fill toot in height with no openings, holes or
arge(l) (114d) 1 inches gape
to D#ss throuoh 'ri#4 4d MOM d mitt'. e:
1
M
{
77
71r
YYLP.' ,RR.t'v IMf+■
J
19937 1I*~u
EXCIPT120I Swimmina_ s eYistino'before Jun• 1 19aA mar
continua to be enc osed by [ends walls o barriers n 1.
than 1/ n h rovidfgthe_fa:xe, wall or barrier
is kept in raga r and otherwise ma ntaine in compliance with
sll other ecovisions of this coda.
(b) Cates and . Doors. All SWIstes and doors opening
directly into a sw mmina 00011lid) enclosure shall be
equipped with self-closing andself-latching devices designed
to keep, and capable of keeping, such doors or gates Securely
r: closed at all times when not in actual use. The latching
device on a oats shall be attached n h n 40 iniiiii,
h
above trade n shall t n w no 0001 Jildel
h enclosure wh h 1 h n v readi
accessible to ma h l r n fr m outside h n r. The
la hin devLge on a door shall be ittachad- less n than i h 36
v v w
r vi n h d n n h v
l v wh n n k v i a r v n She doorred IF"
M 4041114 0444011d of Ih it ll~td 1 odd W16144 40 Willi
00 41 ~
Igo 04441011 01 IM'd d444 slot IN !1 119100441 .
EXCEPT ON: Self-closing and self-la n v
I
recuir on Gates at doots-WhIch r h n a
ant2le
n nh its r al n n GSA Vigoiss, o
enclosures. ;
~c N w In 1 wh an
?c 3eg
n
1a bt n m n w n
r i1 0 tot, a m n w h v in this
1100
ionn wktar n h w
MIS Is A
w n w w a June I.
i h
KIM m 1 r ItIL -C 0.1ind and
h
2 or whenever v
j
repair son to A" str tr,oall,_ _01111M
i
SECTION 2. That a person violating a pcovision of this
ordinance, upon conviction, is punishable by a fine not to
a:cesd $2,000.
SECTION 3. That CHAPTER 53, 'DALLAS BUILDING CODZ,• of the
Dallas City Code, as amended, shall remain in full force and
2 .
f~f
1y9 7 0014uu
6 effect, save and except as amended by this ordinance.
SECTION 1. That the terms and provisions of this ordinance
are severable and are governed by Section 1-4 of CHAPTER 1 of
the Dallas City Code, as amended. r
SECTION 5. That this ordinance shall take effect June 1,
19Si.
LMS)
APPROVED AS TO FORM:
ANALESLIX MUNCy, City Attorney
Assistant City Attorney
Passed APR 27 0
r ~
1063) 1
r 'c
f
IH. i. .i .ra' .r:r..i~11J i1>'M.I.M.wI W.nM:•I.V...n.
.1
Y
r
s f• 1
F 2
ORDINANCE NO. 1246
3 '
AN ORDINANCE AMENDING SECTION 5-5 Or THE HURST CODE DIP
4 QUIRINGSSELLp-CLOSING AND SELFTL&TCHING DEVICES ENCLOSURES; I AMENDING THE 5 PROVIDING ACCESS TO SwIHMING POOLS) PROVIDING FOR EXISTING
INSTALLATIONS TO BE BROUGHT INTO COMPLIANCE WITHIN TWENTY-FOUR
6 MONTHSI PROVIDING EXCEPTIONSI PROVIDING A PENALTY AND AUTHORIZING
l PUBLICATION.
general provisions welfar hereinafter
? WHEREAS. the City council finds that t and the
of enacted further the safe those
g within its corporate limits) Now, THEREFORE,
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HURST, TEXASt
Sec. 1. THAT Secio5ofthe Hurst code of ordinances be
10 amended t read a follows:
it "Section 5-5. Fencing of swimming Pools.
12 (a) Fence reattira4. Every ownere losses, tenant,
licensee or other parson in possession of land within
the corporate limits of the city of Hurst upon which as
all times maintain
13 situated a swimming pool shall
fence, wall or barrier that completely surrounds the
14 swimming pool. The fence, wall or barrier shall be not
lass than four (4) feet in height with no openings,
holes or gaps large enough for a sphere four (4) inches
15 in diameter to pass through. A single family, duplex or
accessory building may be used as a part of such
16 enclosure, provided that
~ourtlare equipped with gates ase
swimming p~1 area on
11 described in this section.
• (b) g&M. All gates opening directly into a swimming
le i pool enclosure shall be equipped with self-closinq and
+ self-latchinq devices designed to keep, and capable of
19 keeping, such gates securely closed at all times when's
not in actual use. The gets handle must be at leant
20 forty (40) inches above grads. Self-closing and self-
latching devices are not required on gates which provide
21 access into buildings.
i A person who, on or after March
22 31, 1969 ain~ns apermit to install a swimming pool is
-o the vision$
of this responsible beforenorderpisaplacedtan therswiimming
23 pool.
24
25 1
26
II
r r
1
x
w
2
3 ATTESTI
E.~' %r) 4 plc'
A yc• Dearing
S City S•cr•tary
6 Appr s to fors and l•galitys
7
~osq• • , r.
8 City Attorney {
9 ,
i
to 1
11
l2
,
13
14
18 ~ i
17
18
:s
} 19 ~i
r
20 f
i
21
~r 22 i I
I 22
I 24 I:
I .
23
3
26 '
,
I
i
i y...r... . ..............-«.+wA,Yw'"sw4.N?JYiY5.,.au.n.wn..e•.... ~
I.
j
R17~
ON DI NANCE .5'- J Q
AN ORDINANCE Of INS CITY Of DECATDA, TUGS ItQOI11N0 FLNCIRO Of OUTDOOR
POOLS, NOT TOSS, SPAS, SKU CLOSTNO AND SELY-LATCNIRO DtYICE3 ON CAT$.
PROYIDIRO ACC933 TO SWIMMING FOOLS NOT TUBS, $PAS, ►ROYIDINO FOR EEISTINO
INSTALLATIONS TO It IAOUONT INTO CONM.IANCE Bt JANIIAIY 1, 1991, PROYIDINO
FOR A PENALTY, SEYERABIt1TY, AND [TrITTIVE DATE 111110/.
WHDIA7, the City Council finds that the pravlstoos hocainaftar enacted further
the safety And general wlfete of those within its corporate 1lli u, NOW, TRE1t►o RE,
99 It ORDAINED It THE Cl" COUNCIL Of THE CITY Cr DECATUR, TEIASo
SECTION 1. Definition.
1. The ten "Sw}amini pool", as used hoteta shalt mean an artificial of semi-
artificial receptacle or contsine: deslgsed to contain fluid, whether actually
containing a fluid or not, which is either tempotackly at permanently located
outdoor@ and Is used of intended to be used tot public, seal-pubila, or private
human use involving Submersion of all of part of the body, whether of not a foe
Is PW for such use. Such sea MAY include, but is not limited to swiMLAS, wedtng,
tasking, flcattng or recreational bathing by any oumist of persons. These tens do
hot apply to a receptacle or container that to located outdoor@ and is eat used or
Intended to be used for public, sat-Public or Ptivare human use involving submersion
of all or part of the body, such as fowntsins and reflection pools. This term inaludes
hot tube and spas.
SECTION 2. Applications.
1. The tequicemeate of this Or-!tnance shill be applicable to all Outdoor svtmming
pants which hate it depth capacity of eighteen inches (l$") of more of fluid at any
point. whether actually containing fluid or empty,
SECTION T. Requirements.
1. ranee re Every owner, tooled, tenant, licensee or other person in possession
of land within the corporate limits of the City of Decatur uyna whtth is situated a
Swimming pool shall at all time maintain a fence, wall, of ban ter that taeptately
G surrounds the swimming pool. The fence, wall of barrier shall be not loam than
four (e) feet in height with no openings, holds at gaps tstge enovih foe a Sphere
four (a) Lathed in dissector to pass through. A single fully, duplee or accessary
building may be used ds a part of such asatosute, prnvtded that all outside entrancas
into the swimming pool area or court are equipped with fates as described in this
see t ion.
C
2 _Oatr~. All Isles opening directly into a swimming pool enclosure shall De equipped
to ` with tiff-clesing seed self-letahlng devices designed to keep, And capable of ksepinB,
such peas Securely closed At all time when net is actual use. The gets handle must
be at lust forty (40) iaches above grade. Self closing aM self-latahtag devices std
not required ee gates which pesvide access Into buildings,
kp T. A Vote** vhm, ea at after July 9, 1900, obtains a permit to
t; :natal a swimming peet to rupealDld got usurlnB compliance with the prerteiend
of this Otdtaacee.
f A. Cmetreotore Word the pool to tilted with water, the Swimming
7. pool contractor to resp le fart
k A. Enduring that the (ends lfacto lure to complete.
9. Ensuring that all requited gate ratchet sad self-etdsuses are In place and
Operating.
C. A final taspestioa shall to obtatned from the City at Decatur prior to
1. the actual use at the swiaotod poet.
S. Ialta1lAt)ggg All fencer anC gates srouM atmmaing pools which tewfully
1 2 to peter toJuly 9, 990 shall be ode to fully casply with the previsions of
this Ordinance before Jaawty 1, 1091.
SECTION A. penalty.
Any person, fire or corporation violating a provision of this ordinance shelf be deemed
guiltf Of A mtedemeanet Ind upon final comttttton thereof flood to ea ameuat not tole
then one Dollar (41,00) not mote t'lan two Hundred Dollars (1200.00). Each day of
non-compliance Shall eenstltute A separate vlolasion. Any vtelatioo at this Ordinance
ro is a Class "C" Nisdemseot as set out In the tares fecal Code.
t
3
i
y
i
~ewr r
7
SlICTION S. Sevotability.
r In the went of $oy provision of this Ordinance or the application thereof to any
person or eltcunstanees being hold invalid, sash invalidity shall not affect
other provisions of applications of the Ordinance which can be given effect without
the invalid provisions or appli:stlons, and to this and the ptovistcne of this
Ordinance are declared to be swerebte.
SIMON Sr tfhclivs Date.
This Ordinance shalt became sffective July 9, 1990, pendlnt publication of descriptive
caption and penalty clause in newspaper of Senaral etreulattnn an Decatur, Tata$.
FASSO AND ADO"10 ST TRI CITY COUNCIL Of TIM CITY Of DtCATOt, TOGS.
TR17 MI DAY or LLM 1990,
C
Mayor
14
ATUM
City Secretary
ATftOV" AS TO TOIX AND LLOALITTs
`I
~ City ttetnq
.3
i
I
s I
i
r '
1
/ I
1
W~
l ~ ~ wcar.~
I
e
CITY
COUNCIL
O! D~
l Mr
~c s
a ~
4 4 \Y
rON S~OOO
OGLO~
d
I
I
l
{
I
Q1rY of DENrON J 215 E. McKinney J Denton, Texas 76201
I
I !I
MEMORANDUM
' DATE: August 31, 1990
TO: Lloyd V. Harrell, City Manager €
FROM: John F. McGrane, Executive Director of Finance
~
SUBJECT: RESPONSES TO COUNCIL BUDGET INQUIRIES i
(From August 28, 1990 Worksession) I}
i
This memorandum includes responses to budget related inquiries
M brought forth by "ouncil on August 28, 1990.
Individual -esponses are enumerated below or in exhibits after
each question or statement.
1. What do other local companies charge for non-emergency
medical transport service? When were ambulance fee rates
' y last Increased? How did this increase affect number of
cells and fee collection?
The Fire Department reports that there is no local f
competition for ambulance services in Denton. Brockett
F,rothers Ambulance Service (or Patient Transfer System, }
inc.) handles only non-life-threatening transfers or pickups i
that are not of an emergency nature. Brockett Brothers'
rate Is $65.00 base charge plus $2,00 per mile.
Ambulance fees were last increased in 1987.88. Brief
analysis indicates no definitive effect on collect rates for
ambulance billings. The number of calls for ambulance
service decreased in 1988, but dramatically increa:,cd in
1989. The Fire Department does not attribute this
fluctuation to the fee charged, but rathar believes the
fluctuation to be related to frequencies of illness only.
In addition, stt,°f has completed a survey of ambulance 3
transpor+ fees charged by cities which are equidistant to
Dallas/F~,_t Worth.
(Please see exhibit A for survey results.)
E
I I
t +
j
i
1
Memo to Lloyd V. Harrell
August 31, 1990
Page 2
i
2. What additional savings would be realized If positions
' targeted for delayed hiring wers hold open for a full year?
k POSITION ADDITIONAL SAVINGS
Park Planning Coordinator $20,000
' Civic Center Supervisor 61000
Recreation Specialist 61000
` TOTAL $32,000
I 3. How many employees have been at the top of their range for
their respective payplan for any given length of time?
(Please see Exhibit S as provided by the Director of
Personnel/Employee Relations.)
1
4. With regard to the salary adjustment alternative which
includes a lump sun payment to an employee (alternative 13), 1
what affect will taxes have on actual "take home" pay for I
the average employee receiving such a payment?
(Please see Exhibit C as provided by the Director of
Personnel/Employee Relations.)
5. How do other cities offset administrative costs for ±
recreation activities intended to bo funded from user fees?
(Please see Exhibit D for a survey as conducted by the Parrs
and Recreation Department.)
6. Is there an equity issue with regard to sewer rates? (Some
customers use large quantities of water In Winter months.)
The Public Utilities Board has asked staff to review the
methodology for determining sewer rates and staff is looking +
at various alternatives.
I
7. CLARIFICATION: The payplan adjustment which includes a 21
increase for employees at the top of their range ti .
(nlternative 13) does include an adjustment for 1001 of the
City's employees.
I
i
1
Memo to Lloyd V. Harrell
August 31, 1990
Page 3
Some Civil Service employees (16) are not yet at the top of
their range, but are also not eligible for a merit increase
In 1990-91. These employees would be included in any merit
related adjustment for top of range employees.
(Please see Exhibit E for a memorandum of explanation from
the Director of Personnel/Employee Relations.)
8. What are the City's costs for mowing at the Airport? What
are the options for funding this activity?
(Please see EXhiblt F.)
Please advise if I can provide any additional Information at
this time regarding the 1990-91 budget.
JFMcG:af
Attachments
S386F
{
_ f
{
I t.
y
Ile-
1
EXHIBIT A
i
r'
I
{
I
w
I
I
I I '
I
i
i
i
fYr caw r
F
Aug-90
l AnuumCE PLEB YOA AREA CITIES
Transport Only from Local Hospital to D/rW Hospital
h Based on 60 mils, round trip transports
NoKinnsy $200
Weatherford 340 Emergency
Kaufman 270 Basic
370 Advanced
Decatur 230
Terrell 320 Basic
345 Advanced
AVERAOEt $296
i
BOURCEI City of Denton in-hours telephone survey of cities
equidistant from the D/rW area as related to Denton.
'i
1
' f
.r j
.a,rw, rnacAaw,xw aaew a+..~
1 ~ 1
w
yy
P
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 / TELEPHONE (0 171506-8307
Office of the C41y Menape►
M E M O R A N D U M
TO: Mayor and Members of the City Council
PROM: Jennifer Walters, City Secretary
DATE: August 31, 1990
SUBJECT: Back-up for Agenda Item #4 - 5:15 p.m.
Exhibits B and C for the back-up information fur this item will be
distributed Tuesday evening.
I
I
r .
q k
it
Jennif Wal re
2727C/2
F
FF
i
I
' EXHIBIT D
ss,
i
1
i
i 1
i
j
Ile
nY'~vi nc, snl cnln~ ;oa
CL ri
I v v rv c ~1 ~-r o r •`c r
CL o
ell F. . I, p .0
y n w 7 ~ Y n
i v ~p T ~ N tl t~1 ?
r) Ic CL
' ~ ~ C 7 b17 '7 7~ i
~ Z Ir 1
? ~!R1 Y M r 3 J4 r•{ C"I C: p N C. N 1 C N r, Y
p O r• iti a a O 0 1a O■ '9 r' C. N r• N 9 N ~0 'n
N C r• O ~9 'S f, a G Ch A H. rj~ N p
0 1- 6L tv
L4 ,C KEW Q C r• O a <p v I rpD c
0 11
b r 9 N la•- Is C W C en ~ I, r 'fD ~ ~ ta* O. e0•*
¢gy J
0 C, 0.4 .5 g.
C. O 7 0 r
7 ry . *.0 a
n C O S p 1 O C. A■ • 4 IA C
r• r• r. r f 4 I I
6 Qr•7 7 7 ~
' _ m x I
' ~C N ~ ~CI ~C'~ O O 0 pl C p
rt t+
7 N
r-•• M O S O f~
r. r.
5'C ~ ~'0. 7r0 W C.
11~yyy~ypDDp !!yy qq rp. r r b i,
PI 116
~r R 1 W OC7 O ,e 'J rD K O
71 JO ftP117 W. e
7M i gyp r•~t*1 2' ~ Y~ H~
! 7 A~ d i•a C '6 O O
R R tv
• F "0 70 Sr W.
°A ps <
r rtI
r
~ r.7~
Im
i Z "1 N f~ A ~r•~RI `LC fA 'tl 1 MN•~ Yw
az 7 n' Nr w y ram„ Ir. G 'O ° rE n ,7D os mom C 'Y f~!
A C P W ;A O S 0 ° N C 4. p F 7 M
it r~ M C J ^f D M Y
e;
jo r.
f a ~ n
~rc o o o~ Qy 0
iy r ,q r r• r. fl r•
M• r M 7O `s{M
7 r r+ 19
r. r ~ N n •0' ~
O 1 r K
A
pp ^1 7 pp77 r..~ ~y 'L 'J. b N In
< i d C S p a 0 0 O O -1 N Oo
< O
r p w C r C 9 p• CI C 'C
It M A R C~ M r yS f Op A O C7 S S JO I I
C r IN It
ID ON r• It 6D C ~y r Iy
r. IN r n 1 fE R n N r• +
~ O 0 I
IN M
I
1
7- - - t : W
f
n 1 n> n n s n^ .c~ v, ~i o s -r '~n m
I CL
q 0 e'. 'Q 7 7 h 0 7 7 7 R
A 7~i t" S l ~ '7 'f n 0 r• '?t I7 N N
7: '1 U3 N rr r p 7 ■ Y n
' n a a o N I a n C _n 0
11 - b 0 ° 0 e
s c 11 o s
~ N of nr I ~ I10i-~! ~ i SRI
p r•. z1 o
to A^ 7. a <
0 0 0 'i d C P° F+ o■ I O n CIn N O 0 C W
et ID
r' ~
IAA r i a 71 E Q b A r+
r• 7' R
~E
a e A i ° IN
-1 a a ,ro,
~ N uo
C ■ r x i O r. a n x 7: r* M 'O H ✓ a
m r• yti r• 0 0 0 h r r• o ° n o in
m N in G
A A r• N 3 t r• r R Sl M ~p Q
w, :r rt
p~pDp ^f r. qI f+
W W ~R+ r 0 f'SE C 17
W tD ~ ~ N A y C A rR• 7 O !I
w ao~' o ° °oA °
tr I t10 R ~A
n" [pip?
O W pp ~C p ly"
"I r
RRm I
i0 A d7 O CT 7 A I,'f to
J 7 i f 11 <
O. 6~` Op9 rrp+C9 ° O 0 fWQ C PIP
f7 r ,'q I PC r. r. R r+ j O R ■ "A
t „ ~ III
! ^
4 ,D pbp D 01 D•
ell a,
LbR ..o N G R" R
r 8~~ ~ Aq0 ~rC'O ° ~ O D1 O
T
Y S 6 N r 0 7 G R■ v
RC N c A p'~ r fA
r• q
10
° M C4 a u
F
:3 (b
M R I
It a ~y 7 y ei
G 9r p~poe tbW~ i a 0 O 0 ,iC A pCm~ 0
'p ~.il
A r OM1 !C r eC* rV "pSf C A T '7 ~00
IC w C• 7 00 H 0 ' rep OC 'Qu+ r• A
N r•o. Oe r a 0. M O tor, 0 '
M r 'p 0 ( ,Q R "l
IM
■
k I
1
owl
EXHIBIT E
i
t
1'I
f n- I
f
r
Y" ~ I
i 1
,
F
~r "Owl i
t
MEMORANDUM
To: Betty McKean - Executive Director, MSED
From: Tom Klinck - Director of Personnel/Employee Relations
Date: August 29, 1990
Subject: 1990/91 Compensation Alternatives - Information for city Manager Coun Betty, a2lamentioned to you last st-minute preparationlofhourtback-uptto thecCouncil,sweslon
, in
the final,
indicated that 100% of employees would be eligible for some type of pay
increase with the Alteernatiand0therat includes,rlump-sumon of the merit and
Civil Service step program payment, r of Actually, because oft nenu mfew fiyreefarisghtebetwrseenandspoltepsiicenoffitho that and
Fire pay plans, there
not be eligible' for an increase next year. They are as follows:
Lim QnIL
Drivers - 2 incumbents - eligible in 1992
captain - 1 incumbent - eligible in 1992
PQlt~e WI
Police officers - 3 incumbents - eligible in 1992
- 3 incumbents - eligible in Dec., 1991
- 3 incumbents - eligible in Oct., 1991
Sergeant - 3 incumbents - eligible in 1993
- 1 incumbent - eligible In 1992
I've attached a copy of both the police and Fire Pay Plans and highlighted
where there are over 1 year between steps.
Please let me know if You mood ruditional information concerning this issue.
Thank you.
Thomas W. Klinck
I bmmem54.prn
`i 08/29/90 8:30a
i
~11
i
t~
r 1
ti
CE PAY PLAH - FY 89190
POLIECT1YE OCTOBER 1, 1909 j,
EFf
J08 F~ AMIL_ Y ' H
JOB HIMBEWITLE
Sr. Officer Uvels*
D E F 0
A B
I C
(2 Yrs} S3 Yrs) l5 Yrs} 'i1 Yes} Yr!)
Recruit (1 Yr)
L/1
MAIO police Officer
22,716.00 23,899.20 21,126.10 26,374.40 27,726.40 29,078.10 30,576.00
1,898.00 1,991.60 2.012.08 2112.68 2313.33 2113.98 251/.70
10.95 11.49
99P A B
Entry t1 3 Yre
31,321.80 32,813.20
L/2 26610.10 2,736.93
NBIO Sergeant 15.06 15.79
34,112.00 35,776.00
L/3 2,842.66 2,981.33
HC10 Lieutenant 16.10 17.20
L/4
HD10 Division
Commander 38,147.20 40,081.60 {
3,118.93 3,340.13
18.34 19.27
Long"Ity - ;1.00 Per '*nth per year of service - unlSmited.
Assignment Pay , X50/eb iinciudes Field Training Officer, Cp,pm,nfcatlorts Supervisor and other
instantes where specific duties are assigned and perfor ed.)
on program provides the following (effective April 19
The Polio Department's cartifiutton/educati
19891 s
Monthly Payment'!
cortiflc+tioe/Education i
30.00
30 hours toward a degree 60.00
Intermediate Certification Or
Associate Degree 120.00
Advanced Certification Or Bachelors
Degree
i
ol
Sr. Officer levels require Bore experlenca and hay invve greater responNbl li ties.
•
•Kigures are not cw ulative
Note: Incumbents with required degree or certification become eligible for incentive pay after
tl-i r probationary period (1 year) has ended.
~ I
f
Personnel/Employee Relations tepartmiant
5730NO92169:0100 (Revised)
11
~r a ~ssgq~ I f
1.
FIRE PAY PLAN -F! 1989!90
108 FAH]LY I YI
EFFECTIVE OCTOBER 1, 1969
f'r" •
JOB iRJMBER/TITLE A Step B Stab C Step 0 Step E Step
(Recruitl (1 yr.) (2 yrs,1 (3 yrs.} (4 yrs.)
F-1
I10 Firefighter 22,245.60 23,381.80 24,606.92 25,893.40 27,1/9.20
1,853.80 1,948.48 2,050.67 21157.78 2,262.43
7.44 7.82 6.23 6.66 9.08
i
A Step 6 Step
(Entry) 12 yr.l
F-2
1810 Driver 27,567.80 28,912.52
2,297.31 2,409.37
9.22 9.67
F•3
IC10 captain 31,962.32 33,547.80
I2D liaint./Log 2,663.52 2,79S.65
Officer 10.69 11.22
F-4
IOiC Battalion 35,700.60 31,444.60
Chief 2,975.05 3,124.55
11.94 12.54
1D20 Battalion 34,117.66 36,504.00
Chief/Trng 2,896.13 3,042.00
Officer 16.72 17.55
F.S 1
E20 Division 38,417.60 40,310.40
Commander 3,201.46 3,359.20 j
18.47 19.36 J '
I
i
I
MOTES mmrty rates for the above positions are based on t 56 hour work week with
the exception of Division Commander and Battalion Chief/Training Officer, s
(oivision Coawnders are classified a exempt employees. The Battalion
Chief/Training Officer is non-exempt but, like the Division Commander, is scheduled
for 40 hours per week rather than 66.) Also note that as per FLSA, the annual rate
I;
is calculated is follows! I
k
[(ekbWcxd)]xe•annutl salary
where: 1
rregwlar hours worked per pay period (normally 56 hrs x 2 As ■ l12 hrs)
b.Aourly rate
c■overtime hours worked per pay period (normally 3 hrs x 2 wks ■ 6 111`0
d•ovartime rate (1/2)
e•number of pay periods per year
SPECIAL MOTEL Hourly rates do not include overtime, longevity, of incentive pay,
i
5729PlO92789:0635 Page i %f 2
i
' i
f
f rrY I
I
I
EXHIBIT F
i
I~
I.
V 1
I '
i
1
c -
^ i ~a
1
1
I
f,
1 y.
fli Ir1~
1
i
4
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 / TELEPHONE (817) 608.8301
Office of the City Manager
M E M O R A N D U M
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Mrnager
DATE: August 31, 1990
SUBJECT: Mowing options at the Airport
As discussed last Tuesday, our ini+:ial irtnnt was to hire
contractors to mow the airport. A couple aC months ago our
Airport Manager contacted the Denson County Agricultural
Extension agent as well as the Highway Department to ascertain
prices. The quotes ranged anywhere frok $14.00 to $16.50 per
acre. We estimate that there are approximately 200 acres at
the airport. Total salary of the position that we were going
to vacate is $22,600. Of that amount, we estimated we would
use $11,600 for mowing. We estimate that we could mow the t
airport four times per year with this amount of money. At the
time, we also talked about the areas around the terminal
building and agreed that we would talk to Packs, use airport
manpower or look at other options that were available to mow
around the terminal building.
r' Since meeting on Tuesday, we have received several quotes, and
they range from $15 per acre and higher to mow at the airport.
Thus, we could now four times at the airport, and we would
still have to look at ways to mow around the terminal
building. Since the meeting, we have also had occasion to talk
to Packs. We have discussed not only mowing around the
terminal building, but also mowing the large tracts. We could
use existing Parks personnel and their machinery on an overtime
basis and mow the large tracts approximately five times as well
as being able to now the terminal areas on a more frequent
basis for the $11,600. We would do this by paying Parks
employees an overtime rate plus a machinery rate. Thus, we
would eliminate any curtailing of park maintenance activities.
A final thought that we will be working on is last year we also
had a JTPA employee for the summer. We might be able to
employee one again for next summer. If we were able to do
rr4
! •I R
Lloyd V. Harrell
August 31, 1990
,t.*... Page 2
I t
that, we would be able to pick up all of the mowing activities
around the terminal buildings as well as some of the other
maintenance items that will have to be done by other divisions
or airport personnel.
If you or the council have farther questions, we will try to
find addt nal information for any inquiries you might have.
` Rick Svehla
Deputy City Manager
RS:bw
5079H
n1
1 I
~I
I
1 ' r
I
f )
I
I I
I
1
i
t
I
V
I
I
SPAN 1800 MALONE, DENTON, TEXAS, 76201.1746 - 517/362•:[21
Services Proprom for AgInp Needs in Denton County
August 28, 1990 D `v:.j-,
NIB 2 919
'
Mr. Lloyd Harrell, City Manager CIT~AN ,OFFiCf
CITY MANAGERS (1F
215 East McKinney Street
Denton, Texas 76201
Dear Hr. Harrell,
Because of our concern over the possibility of a ten per cent
reduction in the support for SPAN transportation programs by the
City of Denton, the SPAN Board of Directors has asked me to write
this letter to you.
We appreciate the financial and mural support that the City of
Denton gives to our programs. We know that you and the members
of the City Council strongly support the work that SPAN does for
all the citizens of the city, so we want you to know the damaging
effects that a reduction would have. Because our financial base
is so tenuous we already have faced cutbacks. For instances we
cannot afford to carry collision insurance on our trolleys.
We are hoping to receive $46,000 from the City of Denton for our 1
' l
transportation programs, which is not an increase from our 1990
budget. A 102 reduction would not only cost SPAN $4600 but
since our t
ranaportation grants from the State are on a
sixty-five per cent baste, we also would lose $8543 from the
grants a grand total of $13,143 from our transportation alone. l
(The possible reduction of 10% in the City's contribution to SPAN i
from the Human Services area of its budget would result in an
additional lose of $7429, for a total loss of $20,572.) l
If SPAN were to lose $13,143 from its transportation budget it
would have to reduce or eliminate a major program area. SPAN
would not be able to initiate a third trolley route in Denton,
and/or we would have to eliminate our weekend taxi subcontract to
provide HandiHop service to persons with disabilities.
tt We hope that the City Manager and the City Council will be able
7! to provide the $46,000 for the SPAN transportation services (as
Y! well as the $26,000 for human services), We are grateful for the
support that we get from the City of Denton,
Sin rely,
Brack Shaver
President - SPAN
5
r
F FFJ
:H
r
CITY
COUNCIL
i
I
4 i
d '
h
~~oa>, t` 000
~1'
MIT,
m 11
mmall
-7 M t
F
1f
a
---_-_0--_8~ brl 0-5_3_0--E=~_I
-b
► --------------I ------------------B---I
I - - - - - - - - - - - - - I I I - - - - - - - - - - - - - - - - I
-y_Q-_--Q--_-______I
oI 0 0 0 0 0 0~ I o ~i S dd Gf a ~~fl ~
_-___---_---I +I I ,
',~yJ ~ Jr V O
I ofI $ ~ ~ Y.S o I I ~ JI ~I 7'! ~ ~ ~ o ~ ~ 1J
laloaoaool to I~I~~~~o~l~~i ~
- - - - - - - - - - -I II _ - - - - _ - - - _ _ - -
J
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
J
W
I - I I I
iI
I I - - - - - - - - - - - - - - - - I 1
- - - - - - - - - - - -
I J-
i - - - - - - - - - - - -1 - - - - - - - - - - - - - - - - I
- - - - - - - - - - - - - -I - - - - - - - - - _ - - r - - - - - - - ~
I
a
FF ~ i
T 444 44 4
CITY
COUNCIL
i
0
~ A
I
~eeaecaa
j
~.YJW r p
i1
a
CITY OF DENTON CITY COUNCIL MINUTES
JULY 31, 1990
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room,
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council
Members Gorton, and Trent.
ABSENT: Council Members Alexander, Ayer and Hopkins
1. The Council received and discussed a report from the
Human Services Committee regarding their final budget proposals.
Dorothy Damico, Chair-Human Services Committee, stated that
three proposed budgets had been presented. The firs'
preliminary budget had been presented several months ago which
showed an increase in the number of dollars that would be spent
over what was spent last year. Two other proposed budgets were
presented, one with the same dollar amount as last year,
another one that represented a ten percent cut. The first
choice of the Committee would be the preliminary budget which
gave the Committee an increase in funds. That preliminary l
budget represented the bare minimum needs of the agencies that 1
the Committee wanted to fund. The same dollar budget nave
modest cuts to three agencies which had been with the Citt she.
longest. Those agencies were picked not because they wer% coot
worthy or because the need was not there but because tt+ose
agencies could probably handle a out better than another
agency. The cuts were made to give some funding to an agency
which was not funded laet year. Although not its first choice, j
the Committee was recommending the budget with the even
dollars. The ten percent cut budget gave each of the agencies
that were funded last year a cut of 12 1/4H in order to have
some funding for the new agency that the Committee felt was
necessary to fund. It would be difficult for those agencies to
function with a 12 1/4% decrease in funding.
Council Members Hopkins and Alexander joined the meeting.
Damico continued that in the second and third proposed budgets,
the three agencies which dealt with health care were i
eliminated. This was done as the Committee had felt that, in
conversations with the staff liaison, City Attorney, and
private conversations with some of the City Council members,
the health care situation had not changed and as the City was
still in litigation regarding health care issues, there would
be no attempt to give dollars to health care, Damico pointed
out that the Food Room dollars were $2800, not the $2980 listed
in the back-up materials.
Council Member Hopk. staked for the rational for cutting the
SPAN budget and what ouch a cut would do to the agency. Such a
cut upset her especially at the point of putting an agency in
that had not previously been funded.
min
F
Vv
City of Denton City Council Minutes
fl,. July 31, 1990
r Page 2
Damico replied that the cut for SPAN was not the cut shown in
the back-up materials. The back-up materials indicated that
SPAN had gone from $36,000 down to approximately $25,000.
$10,000 of the reduction was not a cut but ha3 been moved to a
transportation area and was not a cut. The actual cut given
SPAN was 3 or 4%.
Council Member Hopkins asked what SPAN's budget was last year
without transportation.
Damico replied last year SPAN received, without transportation,
$26,000, $10,000 for "ransportation and the entire amount for ~i
Handihop was moved to a different budget area.
Council Member Horjkins asked why Parents Anonymous had been
added.
Damico replied that it was not a unanimous vote to inclule
Parents Anonymous, However, it was the feeling that the agency
provided protective services which aided the Police
Department, The agency was picking up some of the services
that Friends of the Family no longer provided.
Council Member Hopkins asked what the cuts would do the
City-County Day Nursery.
Damico replied that the Nursery would not receive as much as
they had requested but they would receive the same as last
year. The three agencies which were cut included SPAN, Friends
of the Family, and RSVP. Damico stated that t1li3 charge to the
Human Services Committee was that the recommendations be made
for funding and to keep the Council informed of what were the
human service needs in the community. The needs assessment
showed that low cost primary health care was the number one
need in Denton as perceived by people who were involved in
human services. The two recommendations by the Committee were
that the Council would apNrove the same dollar budget and give
low cost primary health care a priority in planning for the
year.
2. The Council received and discussed a report on the
City Council goal of creating a Court oc Record,
Sandra White, Municipal Judge, stated that several years ago,
the City Council established conversion of the Municipal Court
to a Court of Record as a long term goal priority. A Municipal
Court of Record would greatly enhance the City's ability to
maintain local jurisdiction and control over violations
occurring within the community. The 'loophole" for automatic
appeals would be closed, as defendants would be required to
} show error on the part of the municipal Court before an appea]
could be pursued.
,i
{NHrY
l■Ef I
t
.
City of Denton City Council Minutes
July 31, 1990
Page 3
Reconmendation from the Committee established to determine if a
Court of Record was viable for Denton, was to pursue conversion
utilizing the 'special legislation' and that the legislation be
sought for the 1991 Legislative Session. The Committee further
recommended thr,t the conversion not be actually implemented
until such time as adequate space needs and courtroom
facilities could be met. A major concern with becoming a Court
of Record was the additicnal space that would be required due
%IALWOOF to the amount of filing. Legislation required specific filing
needs and files for records. The Committee also recommended
thac two Council Members be appointed to the Committee to
further the legislative bill process. White continued that
once the legislation was passed, it could be on hold for five
years before it needed to be implemented.
Mayor Pro Tem Boyd asked if the files needed to be kept in one
location or could they be separated.
White replied that they needed to be in one location. There
was recent legislation passed that enabled them to keep certain
information on a computer system but initially the actual
filing system would be needed.
Council Member Hopkins asked if money were authorized to begin
the conversion during the next fiscal year, where would it be
~'-J housed. And if the microfische system was not used, something
had to be done about space.
Council Member Gorton wanted the cost looked at to do the
legislation in the 1991 session and have a five year layover.
Mayor Castleberry asked what would be the advantages of a Court
`r of Record.
Debra Drayovitch, City Attorney, stated that two advantages
would be increased revenue and increased respect for the law
enforcement system of the community.
Council Member Trent asked if the revenue would eventually
support the cost of the system.
Drayovitch replied yes it would pay for the operation. J
Council Member Trent asked if the decision were reversible and
if there were cases of such.
White replied that Arlington had passed the legislation but had tai
not implemented it, it did not have to be implemented,
I
PQ
City of Denton City Council Minutes
July 31, 1990
Page 4
City Manager Harrell asked Judge White to review the general
legislation versus the special legislation.
White stated that the Texas Legislature passed House Bill No.
1879 which authorized a Municipal Court to establish itself as
a Court of Record. A city may draft its own special
legislation and design measures suitable for its own particular
circumstances.
Mayor Pro Tem Boyd asked if a full-time court reporter would
need to be hired.
White replied that other cities surveyed stated that if the
city did not have a full-time court reporter who sat in at
court time and heard the cases, the reporter would not certify
the transcript. However, the court reporter did not have to be
a full-time employee of the city. That individual could be a
part-time employee only employed when court was in session.
Council Member Alexander expressed his desire to move ahead
with the Court of Record. He did not think it was a budget
gueation. A plan should be implemented to get a special bill
passed in the next Legislature written the way Denton needed it
written.
Mayor Pro Tom Boyd suggested finding a temporary space to house
the Municipal Court.
Judge White replied that thought had been given to the Moore
Building but that since that option did not seem to be viable,
there were no additional locations under consideration.
j Council Member Alexander suggested directing staff to look at
L the possibility of identifying an auxiliary space for the
Municipal Court assuming that the City might be in a position
to implement a Court of Record by the next fiscal year. That
would keep at option open if the legislc lon the City wanted
and space could be found.
Mayor Castleberry asked that the possible coat of the overall {
program be added to that direction.
Council Member Gorton suggested the Coua tl follow the
suggestion of appointing two Council Members to work with the
Subcommittee.
Consensus of the Council was to appoint Mayor Pro Tom °oyd and ,
Council Member Hopkins to work with the Subcommittee.
1
1
E
City of Denton City Council Minutes
July 21, 1990
Page 5
Item 4. was considered.
4. The Council discussed and considered the hotel/motel
tax recipients' budgets.
A. The Denton Convention and Visitors Bureau
George Gilkeson, Chairman-Denton Convention and Visitors Bureau
Advisory Committee, stated that the Denton Convention and
Visitors Bureau under the supervision of the Denton Chamber of
Commerce was an operation charged with using and collecting 31 +
hotel/motel occupancy tax for the purposes of advertising and 1
conducting solicitation and promotional programs to attract
tourists and convention delegates to the City of Denton. The
new contract between the Chamber of Commerce and the City of
Denton to operate that program was issued on March 20, 1990.
Twelve hotel/motels were currently operating in Denton. The
Denton Hotel/Motel Association was functioning well. Gilkeson
listed vNrious programs and activities designed to assist
tourist acid convention attendees to the City,
Mayor Pro Tem Boyd stated that he noticed a 101 increase in
salary expense this year. He had a problem with that in that
the City was having a tight budget year and staff was proposing
no salary increases for City staff. Last year the budget was
$143,000 and they received 127,000 being a shortfall from the
Lalor funds. Boyd noticed that to make up the difference, 1
travel/services were scaled down. Salaries remained constant.
If there were a decrease in revenue from the Lalor funds this
year, would the Bureau handle the situation the same way -
leaving salaries the same and cutting back on the services.
Gilkeson replied probably yes. The Bureau was asking a lot of
volunteers to work the conventions and travel shows so they
would pay their own expenste,
Bob Woodin, Treasurer, stated that the policy had been to cut
back on services and not on salaries. The salaries were
already approved.
i
Council Member Hopkins asked if the budget was in proper order.
John McGrane, Executive Director for Finance, stated that he
had not done an indepth analysis but it seemed to comply with
the contract.
Council Member Hopkins stated that if it were not possible to
give City employees any increase, it was difficult to see a
justification for a 101 salary increase for the funding
agencies.
I
!I
F II
City of Denton City Council Minutes
July 31, 1990
Page 6
John Gavin. Manager-Sheraton Hotel, asked it the City had any
plans on how the money would be used when funding would begin
the planned decrease.
Mayor Castleberry replied that there were no plans at this time.
B. North Texas Fair Association
Bob Powers, Vice-President-North Texas Fair Association, stated
that the Largest event the Association sponsors is the nine day
fait each year, The fairgrounds was used almost every weekend
for different activities. Salaries for staff were down for the
next year so that more money could be spent on brochures and
advertising.
C. Denton County Historical Commission
Leon Callahan, Chairman-Denton County His¢ecical Commission,
stated the Denton County Historical Foundation was the entity
which received the Lalor funds from the City. Their budget did
not use Lalor funds for salaries as those were paid by the
County. The Commission was responsible for helping the City's
' Historic Landmark Commission and the Denton County Historical
society determine where historical structures and sites were
located in the County.
Council Member Alexander asked if there was anything Callahan
could identify that the City could 1o to facilitate the process
of historical designations.
Callahan replied traditionally the Historical Commission did
I not initiate the ssacch for historical sites/buildinge.
Members of the Commission did point out to the Historical
Landmark Commission those buildings/sites that could be
designated as a historical sits.
D. Denton County Historical Museum
Clots Vaughn, Chairman-Board of Trustees of the Denton County
Historical Museum, presented activities that the Museum
participated in which included photo brochures, post cards,
tourist information center at the Courthouse on the Square and
special community events. With regards to.the budget fi,lurse,
u laries had not increased in many years so a modest increase
was proposed. The total operating budget had actually
decreased due to the shortfall of Laloc funds.
Council Member Hopkins took exception to the phrases in the
budget "reduced financial support tcom the City" and "reduction
income from the City". The City did not reduce any funds to
the Commission, the Lalor funds were down,
I
I
1 F
i
City of Denton City Council Minutes
July 31, 1990
Page 7
I
E. Greater Denton Arts Council
I
Herbert Holl, Executive Director-Greater Denton Arts Council,
presented a summary of the programs and services offered by the
Council. He stated that the budget was fairly straight
forward. They operated on a cash basis. The audit was not
completed as the fiscal year had just ended. The Council was
beginning the fiscal year with a balance of $44,000 in the
operating fund. He also pointed out that during the Spring of
t'iis past year, the building fund balance had been completely
repaid.
The council returned to the regular agenda order.
3. The Council received and discussed the proposed
1990-91 budget and provide staff with direction regarding major
budget issues.
John McGrane, Executive Director for Finance, presented the
proposed budget to Council and reviewed the sections of the
budget document. He stated that the City had received the
certified roll from the Denton Central Appraisal District. He
presented various scenarios regarding the effect of the
certified roll on the proposed budget. If the tax rate were
eft at $.64830 it would impact the budget with an additional
3760000 available which would take into consideration all of
the program cuts and eliminations in the proposed budget. Jf
the rate were left at the current rate of $.6183, a shortfall
of $2258000 would occur. To fund the complete proposed budget,
a rate of $.6298 would be needed. The effective tax rate was
based on the assessed valuation on certified roll and was
f calculated at $.6553 which would mean that in order to produce
the some amount of revenue that $.6183 was producing this year,
j the tax would have to be raised to $.6553 to stay even,
City Manager Harrell stated that over and above the effective
rate there was still an 8% increase that could be used and
still be under the rol"O,-A rate. The effective rate would get
the City back even.
Council Member Alexander asked what was the rollback rate.
McGrane replied $.6648.
Council Member Hopkins asked if the rate could be changed due
to protests.
McGrane replied that the Appraisal District now had to certify
to the City the amount that was under protest that was not
subject to change.
1
K 1
I
1M Nl
M
City of Denton City Council Minutes
July 31, 1990
Page 8
City Manager Harrell stated that the next week would start
formal budget hearings. He asked for additional items to
consider from Council.
Council Member Alexander asked staff to bring numbers about
what it would take relative to how much more additional funding
would be needed to provide, beyond the proposed tax rate the
proposed budget called for, first, merit increases for City
staff and second, for a percentage of across the board
increases. Alexander suggested presenting the information in
increments such as a 11 or 2% or a 31 increase.
Mayor Castleberry asked that calculations also be made for a
merit increase only and not an across the board increase for a
31 and 51 increase.
Mayor Pro Tem Boyd echoed the need for salary increase
figures, He also wanted to see options on the Martin Luther
King, Jr. Recreation Center library funding. He suggested
perhaps a trolley token for children using the trolley to the
main library.
Council Member Gorton also expressed a need for the increased
salary figures. He also wanted to know what percent of the
employee would not be receiving an increase and the dollar
amount difference.
Council Member Trent asked for a more detailed explanation of
some of the broader categories in the expenditure section of
the budget.
City Manager Harrell replied that a detailed line item report
was available. He stated that at the next meeting the Council
would need to adopt the tax rate. The rate could be lower but
not raised. He suggested approving the effective tax rate and
the Council could reduce the rate later if desired.
S. The Council held a discussion concerning the City of
Denton expressing its intent to Contract to Purchase from the
Upper Trinity Regional Water District a portion of the raw
water obtained from the Sulphur River Basin by the District by
contract with the City of Commerce. (Public Utility Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, again presented
the details of the project which the Council had reviewed at a
number of meetings. He reviewed that there was a good chance
for approval with a cost of $83,000 and a rebate of
approximately one-half if approved.
f..~. City of Denton City Council Minutes
July 31, 1990
Page 9
Council Member Alexander stated that staff should pursue the
options.
Council Member Hopkins stated that it was a farsighted approach
but if the projections were correct, this would not help
enough. This would not assure the future for Denton. She felt
the legal fees would be much higher than proposed. She did not
like the contract and the way the City had to pay for the
i
contract.
6. The council held a discussion concerning an interim
Wastewater Treatment Services Contract between City of Denton
and the Upper Trinity Regional Water District.
Bob Nelson, Executive Director for Utilities, stated that this
was a follow-up on the contract with Argyle. There would be
one contract with the Upper Trinity Regional Water District and
they then could make other contracts with other communities
such as Krum, Hickory Creek, etc. There would be one contract
with the opportunity for multiple points of delivery. It was a
standardized contract. Rates would be utility based rather
than cash based with a 1 1/2% administrative fee on top of that.
Council Member Hopkins asked what effect the current debate
between the City of Argyle and the Argyle Independent School
District had on the contract and what the termination date was.
Nelson replied that this contract placed the contract in the
hands of the Upper Trinity Regional Water District.
7. The Council held a discussion concerning the After
School Action Site Program.
Alicia Mentel, Superintendent of Leisure Services, stated that
funding had been received from the Community Development Block
Grant program for a center at the Martin Luther King, Jr.
Recreation Center. The program would provide potential
services for an additional 35 children. These children would
be those children who would not be able to participate
otherwise because they were in economically disadvantaged
homes. This also would provide more financial support to these
families because currently scholarships were being provided for
at approximately a 40% reduction in cost. The Community
Development Block Grant funding would allow payment up to full
cost in some cases. The Community Development Block Grant
Ghagother d hoot replace the scholarships already provided in sites.
I~
li
gI~
City of Denton City Council Minutes
r~->a• July 31, 1990
Page 10
Council Member Alexander asked if, for example, at the Houston
program, there were currently 35 enrolle3 which was the maximum
number allowed, would there be a turn down for a requested
scholarship. Or were all the applications for scholarships
already built into the system.
Mantel replied that the number of children served was limited
by licensing requirements. Those 35 children could apply for
scholarships at any time. Scholarship applicants did have to
come during the normal registration time. Priority was not
given to scholarship applicants so that someone was pushed out
of the program to put a scholarship student in the program,
City Manager Harrell stated that the registration was in
Saturday but five slots were held on that Saturday. During the
next week, anyone on the food program in the school system
could register for any of those slots, At the end of the week,
Wi slots were filled by applicants on the waiting list.
Mantel stated that there really were two issues being
discussed. The five slots held open for the free lunch
applicants was separate from the scholarship. The five slots
were held open for an extra week because those families tend to
have more difficulty coming for a one day registration. The
program was not limited to five free lunch slots, The
scholarship application issue was separate from the slots being,
held open for the free lunch program,
Council Member Trent asked if the program was still completely
J self-supporting.
Mantel replied yes that it was funded through revenue the
participants pay,
Council Member Gorton stated that he still had a problem with
the notification process, He felt that anyone on a scholarship
the year before, should have a letter sent to their residence
regarding the registration date. He felt that the scholarship
positions should be held until the second week of school, if
possible.
Mayor Pro Tom Boyd commented that he understood that the
program needed to be planned will ahead of time, but that
anyone new to the school district would not know of the program,
Mantel replied that a notice was sent home with every child
registered at the elementary school two weeks prior to the
registration date. The notice listed information concerning
scholarships and the five available slots for free lunch
participants. Holding the registration in May was in response
to requests made by parents who wishod to have their plans
finalized before the beginning of school.
,I
I
{
I F1
(
City of Denton City Counc:.l Minutes
" ~July 31, 1990
Page 11
.
Council Member Gorton asked if there had beon confirmation from
the DISD regarding transportation to the MLK Center.
Mental replied that this program was addressing the needs of
the children who live in the area of MLK.
City Manager Harrell asked if there had been an agreement
worked out with the DISD where they would drop those children
at the MLK Center.
Mental replied that they would be dropped at their regular bus
routes.
Council Member Gorton stated that then the child would be
responsible to get from his reg,ilar bus stop to the MLK
Center. That was not the situation apt the other action sites.
Mental replied that they had talked with the School District to
see if they could make MLK an additional drop. At this point, j
they had not made that decision to add that drop.
Council Member Hopkins felt that if the DISD were not willing
to make MLK a bus atop, then the item needed to come back to
Council for further consideration.
8. The Council held a discussion concerning the bridge I
over the railroad tracks on Loop 288 and the future widening of I
the Loop. I
Rick Svehla, Deputy City Manager, stated that the City had been
approached by the Highway Department several weeks ago. The {
i Highway Department was getting ready to employ their consultant
for the design of Loop 288. One of the issues under
consideration was the elimination of the overpass near Target.
The railroad was no longer using the track and had no plans to
use the track in the future. The Hii?hway Department would buy
the right-of-way and eliminate the tracks which would result in
a no grade crossing. Staff had been talking with DART about
the possibility of preserving the right-of-way for future
commuter lines. DART had done that for a piece of track that
rune from Carrollton to Lewisville. There were several
alternatives to consider. One was to eliminate the grade I
crossing which would reduce the coat to the Highway Department
which might be a consideration for future City applications.
DART could be accommodated in several ways such as having the
main DART station south of the Loop, using a spur using a site
between the existing Loop 288 and the spur with a parking
facility available. The possibility of DART being in Denton
was out past the year 2010. All things taken into account,
staff was comfortable with the Highway's plan of purchasing the
right-of-way and eliminate the grade crossing, Additional
input could be obtained from the Chamber's Transportation
Committee and the Economic Development Committee.
iI
1
Fri
I City of Denton City Council Minutes
July 31, 1990
Page 12
Consensus of Council was to have the item reviewed by the
Chamber Committees for input,
Mayor Castleberry recognized a member of the audience wishing
to speak to the issue.
Matt Soltis visualized the opportunity to use the lines for
economic development. Possibly in the next five years, the
lines could be used for freight or pleasure lines. He asked
for a ninety day stay of a decision to do a feasibility study
for future use of the line.
City Manager Harrell questioned if ninety days might be too
long for the Highway Department to wait for a decision by
Denton.
Svehla replied that the Highway Department needed an answer
soon or they would go ahead with the project and do as they {
wanted or it would delay the project perhaps for a long period
of time.
Discussion of the 'Council concerned how long to delay a
decision concerning the crossing.
Svehla stated that a decision could probably be delayed until
the first meeting in September but not much later than that.
Consensus of the Council was to schedule the item for the first
meeting in September for a decision. J
9. The Council reviewed and considered proposed jail {
contracts with the University of North Texas and Texas Woman's
University, {
Rick Svehla, Deputy City Manager, stated that there had been
some difficulties several years ago with receiving prisoners
from North Texas. This agreement would facilitate a
reestablishment of those contracts. Some revenue would be
generated from the contract, however, the main focus would be
on improving the working relationships between the two police
forces. There was an out clause which stated that the City
could refuse to take the prisoner if there was no room in the
city jail.
City Manager Harrell stated that there were some previous legal
problems and the City would not take prisoners from North
Texas, North Texas then was using the JP court as opposed to
the City court, For a number of years, the City did not
receive any revenue from North Texas fines where previously it
received around $200000-$30,000.
I
r I
1
K
City of Denton City Council Minutes
July 31, 1990
r.r. Page 13
r
Y
Council Member Trent felt that the City would not make any
M money as there would be associated costs of more manpower, more
jailers, more judge time at the jail, etc,
Council Member Hopkins stated that there were liabilities
associated with such a contract such as a suicide in the jai;. J
Debra Drayovitch, City Attorney, replied that a suicide in the
f ]i
jail would be the City's responsibility while such things as an
injury due to excessive force either before or during the
` arrest, would not be the City's responsibility.
f Mayor Castleberry asked about status of the r.!ationship
between the University and the City if the contract were not
approved.
Svehla replied that chief Jez saw the benefit from the
community-oriented policing as the University was the next area
for the program. Adding the North Texas prisoners would not
make the manpower situation any worse.
I
Council Member Alexander stated that the cash flow was not
necessarily good. He felt it was the responsibility of the
City and it was important to have a good relationship between City and the University. It was not necessarila issue
as it was what was good for the community. '
Council discussed the possible liability of the City for any
prisoner accepted from North Texas and the liability of the
City for a possible lawsuit due to error on the part of the i
North Texas Police Department. i
Consensus of the Council was to refer the contract to the
University for consideration.
10. The Council received and discussed a report regarding
N City-sponsored pro-rata charges.
Bob Nelson, Executive Director for Utilities, stated that it +
had been the general consensus of the Council, Public Utilities
Board and the Planning and zoning Commission that the City did I
not want to move forward in developing impact fees. In 19671
the Texas Legislature passed a bill regarding impact fees which
identified pro-rata fees charged on water and sewer lines that
the City installed, would be declared as impact fees and
therefore not chargeable for an impact fee. The Public
Utilities Board at its July 230 1990 meeting recommended to
Council that the Texas State Attorney General's Office be
requested to give an opinion on whether pro-rata fees for City
funded water and sanitary sewer lines were in fact impact
fees. Staff was ready to follow the current legislation which
would allow anyone to tie onto the line without the pro-rata
fee.
t
i
1
City of Denton City Council Minutes
July 31, 1990
Page 14
T
Council Member Alexander asked that after June 20, 1990, were
all pro-rata fees eliminated.
Nelson replied only on City lines.
Council Member Hopkins stated that being a member of the Impact
Fee Committee, she took exception to the statement that the
Committee decided that impact fees should be placed on hold
until the economy improved. The Committee felt that impact
fees should be studied. The Legislature changed the scope of
the project when they passed the impact fee legislation.
Consensus of the Council was to not seek an Attorney General's
opinion.
11. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and Sunmount Corporation; and
providing for an increase in the contract price.
Dave Ham, Director of Water/Wastewater Services, stated that
the project involved replacing eeteriorated and undersized
lines on Oak, Fry and Bryan Street. Final payment was also
being asked for.
The following ordinance was considered:
a ! NO. 90-104
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
SURMOUNT CORPORATION; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent 'aye,' Alexander 'aye,' Hopkins "aye," Gorton
' 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried
1111 unanimously.
q With no further business, the meeting was adjourned at 9:35 p.m.
i
BOB CASTLEBERRYr MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
3284C
i
JAOWJ
mrrlm.
r
CITY
COUNCIL
i
E
a
E ~
i~ a
a
toN ~d
~~40 OGG~
i
i
1
mom]
FF , Iwo
E
APPEAL TO THE CITY COUNCIL
SEPTEMBER 4v 1990
by
Jo Montague
w
4 :
{
S•, i
i
I
I
1
i
i
I~
FF r
I'
INDEX
n
I
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . i
i
i
I CALENDAR OF EVENTS . . . . . . . . . . . . . . . . . . . .1
` CLAIM REPORT FORM . . . . . . . . . . . . . .6
i
LETTER OF DENIAL . . . . . . . . . . . . . . . . . . . . .9
i
LETTERS TO CITY ATTORNEY . . . . . . . . . . . . . . . . .11
15
LETTER FROM CITY ATTORNEY . . . . . . . . . . . . . . . .
1 I
.
r
t
i
I
i
i I
I I
i
I
1
1
~i
r Taken From: THE CITY LIMITS
August-September issue
published by the City of Denton
AND FINALLY...
"We are continually faced
by great opportunities
brillianfly disguised
as Insoluble problems."
I believe in this situation
you are faced with a
great opportunity which appears
to be disguised as an insoluble
problem ...isow do we solve it?
f
y
AT,
7
{
~ l
i
i
i
{
Ole, v-
I
i
CALENDAR OF EVENTS
,I
t
r
3
rr
• M
f ~ l
or b+r.
CALENDAR OF EVENTS
r
June 16 - Was told by school employee my bike had been
picked-up by Police.
Called Police Dept. twice.
June 18 - Called Police Department three times. There was
no report filed about the pick-up of my bike. I
' had to obtain description(s) of the officer. This
took several calls.
Police Dept called me once. They located the
civilian officer who picked up my bike and report
on that occurrence. Report was also located
indicating a possible theft from the city lock-in
of two bikes.
i asked at this time for a written statement
stating that my bike could not be located, but had
been picked-up. I was told by the investigating
officer that he didn't think I needed one.
I asked what do I do now. The officer didn't
know. I asked do I file a claim somewhere and was
told I could file one at the City Attorney's
office.
i called the city attorney's office, they said
they would send me a claim form or I could pick it
up. I opted to pick one up.
June 21 - Picked up form and filled out.
June 22 - 1. Went to Police Dept. to obtain a written '
report on my missing bike. Clerk asked the
investigating officer for report. She was
told there was no written report and I just
needed to turn my claim form into the City
Attorney's office and they would take care of
it.
2. Turned claim form into City Attorney's office
and was given a business card for the
insurance agent and was told she would call
me within a week.
~t
i
1
r
June 27 - I called the insurance agent on my day off. I was
told she was in Denton working on cases and she
would probably call me from there. She did not.
Was told she would be in the office the next day
and to call then if she didn't contact me.
June 28 - Called insurance agent at approximately 2:30, was
told she was on the phone but she would call be
right back. She didn t.
I called her back at approximately. 4 PM. She
took the call. This was the first time I had
spoken with the agent. She said she needed to
send off for reports from the police. I told I
was in school and had long planned a biking
vacation in San Antonio between summer sessions
and would leave after finals on July 5. Would it
be possible to know something by then. She said
she saw no problem with that and would call me on
July 3.
I said I'd call the Police Dept. and talk to the
investigating officer about my situation, and the
hope that he could fill out the forms quickly.
The agent told me not to call the officer, that I
was not allowed to. What? However I complied.
July 3 - Received no call from the agent. I felt this was
poor on the agents part.and called at 4:50 PM j
_ there was no answer. They must have already left j
the office. I
{
July 5 - I called the agent and left a message. She called G
me back, This was the second and last time I spoke
with the agent. She said hadn't been able to talk
to the investigating officer or receive a report j
because the officer was on vacation. (Had I been
allowed to call or even if the agent had made the
effort to call on the 28th as requested by me,
this wouldn't have occurred.)
It was during this conversation that I was told
she, the agent, was going to deny the claim. This
was announced before any investigation had even
begun. The agent also did not know on what law
she was going to deny me, but she knew one
existed.
i
She also indicated that the bike being missing was
my fault because I caused the police to have to
pick it up because it had been left at my son's l
school too long.
1
j
r July 5 - I said I felt if the bike had been their 40 yrs.,
continued one week, or one hour, once the city took
responsibility for it, then they indeed were
responsible for the property under their
protection.
I asked when she would get back with me. She said
she'd call me on the 12th of July. I asked three
times if that would give her enough time and if
that would be a good time for her. she said yes
each time.
We had to cancel our trip. I was terribly
disappointed.
July 9 - Went to police Dept. to pick up report on my
missing bike. The clerk's office was closed that
day.
Called investigating officer - told him I could
pick up the report the next day if he had it
ready. He said he had just gotten back from
vacation, let him take this one step at a time and
get the insurance company what they needed. I
complied.
July 12 - Agent did not call as promised.
July 17 - Still no word from agent. I went to talk to City
Attorney concerning my belief that the agent was
acting inefficiency, inadequately, and
negligently.
f
r
July 19 - Receive denial from insurance agent.
July 23 - Sent first letter to City Attorney,
i '
Aug. 6 - Sent second letter to City Attorney. 1
Aug. 8 - Received letter from City Attorney.
Aug. 16 - City Attorney called, I was in Tenn. on an
emergency trip.
r ,
h i
I
of
I
~r
r
Aug. 20 - 1 called City Attorney, immediately upon receiving
message.
i called investigating officer re; written report
% on my missing bike. Because of 'claim
and possible litigation' he could not give me a
report saying my bike was missing. I couldn't
understand this. I said if my bike was stolen I
could get ,a report. He said that was an offense
this wasn't. My mind understood - The public was
not allowed to have a written statement of
properties the Police Department lost or could not
account for, even if it was the victim's own
property.
The investigating officer said he would check on
this with the City Attorney's office and get back
with me. I never heard from him.
Admittedly, I was so frustrated and hurt and
disappointed by now that I was in tears. i
apologize to the investigating officer.
i
3
( Auy. 21 - I called City Secretary to be placed on the city
council agenda to appeal for payment for my bike.
Aug 23 - Went to talk with Chief of Police Re; report. The
Chief of Police asked why I was denied and I said
because of proposed immunity and non-negligence on
the city's part. He called the city Attorney to
ask what she knew of the case and the underlying
r_. cause of denial seemed to be that because T left f
my bike for a time period (which was undefined) i 3
was responsible for the bike being picked-ap and,
thus, in turn, for it's loss.
The chief of Police said he'd see what he could do
in terms of getting me a statement or report on my
missing bike and get back with me.
i
J
1
f.
r '
CLAIM REPORT FORM
4
j
s
4
i
Jam. i
f: G
a
5
t CLAIk REPORT FORS
THIS REPORT SHOULD BE COMPLETED AND RETURNED TO THE CITY ATTORNEY.
PLEASE FILL OUT IN INK,
DATE DAMAGE OR INJURY OCCURED: q4/1 /17 TIME:
NAME OF PEPSON MAKING CLAIM: r,Le
HOME ADDRESS: )11.3 ur,,..';„,-. . HOME PHONE:&y-a(1.) 7
BUSINESS ADDRES§: k4rU4 4 BUSINESS PHONE: 3$3' 9).?K
PLACE WHERE DAMAGE URRED: DIY. tT cp ~T~R`; t 4' ck-rte Au _ er~'c c e.t~e.^
TYPE OF DAMAGE: o Si J ,J
ESTIMATE OF COST OF RE IR OR REPLACEMENT OF PROPERTY:
NAME 6 ADDRESS OF PROPERTY OWNER:
PHONE:
DESCRIPTION OF PROPERTY DAMAGED:
WAS ANYONE INJURED?
IF SO, IDENTIFY WHO WAS INJURED:
PLEASE STATE FULLY HOW THE DAMAGE OR INJURY OCCURRED:
CI II (A N
' C • , ' 111
JAC
n 4,
p J
(Attach an additional sheet if necessacT to fully explain the damage)
NAME & ADDRESS OF ALL KNOWN WITNESSES:
LIST,NAMES~ OF ANY,CITY EMPLOYE WHO OBSERVED THE DA
I I' COL- Z~4
vER) JUN221990
- i ' J.Y.C:~ t emu. ,.y ,1
~j lE L . EPT.
/ - A
77
t
t,
3
r- 119 AVENUE A DENTON, TX 76201 {817)5666187
(ACROSS FROM NTSU LANGL!AGE BUILDING)
SOLD BY _ DATE
CUSTOMER
i
+,cle 4 I
- , -
SALESTAX E '
TOTAL I
_
EXCHANGES MADE WITHIN 10 DAYS WITH RECEIPT
i,
12 y8 NO CASH REFUNDS 1
itc
J '
i
i
i
F,
71
V1
vvSS~i~
Nr~ ~
i~
gi
G .f
4
p
i
jr
LETTER OF DENIAL
1
1
5 1
I9
f
i
i ~
k
i
EMPLOYERS CLAIMS ADJUSTMENT SERVICES
4107 Texoma Parkway / Sherman, Texas 75090
Tel.t 2I4-893-9471
July 16, 1990
Ms. Jo Montague
2413 Jacqueline
Denton, Texas 76205
Res OL-90-32-50368-Ugl
Jo Montague vs. City of Denton
Dear Ms. Montaguet
We have examined the circumstances surrounding the incident which
occurred on June 11, 1990 and believe wa have sufficient
information at this point to make a proper docision regarding
your claim.
Please understand that our obligation is not to pay all claims, E
but to pay only those claims for which the City of Denton is i
legally responsible.
After carefully investigating the claim we find no negligence on
.J the part of the City of Denton. Also, the City of Denton has
governmental immunity for this occurrence under the 'texas Tort
j
Claims Act, Therefore, we must respectfully rlony your claim,
I
If you have any questions, please feel fre to call.
Respectfully, 1 .
Jackie Stovall
Claims Representative
I1
JStmc i
i
cot MR, Debra Drayovitch, City Attorney j
i
i
EW 1791014 651 ?
f
l
f ~ d
,
j
LETTERS TO CITY ATTORNEY
i
i s
i ~
.I
y j
I
i r
I
I r.
' I
.y'
sir
3 E
wrw~ i
r
4
. ss
3
6 x 7/19/90
Debra Drayovitch
City Attorney
City of Denton
215 E. McKinney
Denton, TX 76201
Dear Debra,
Per Ms. Stovall's July 16, 1990 correspondence, my claim has been
denied.
Certainly, I do not agree with her findings and, in fact, I
believe her entire handling and investigation of my case (OL-90-
32-50368-001) has been negligent. In checking, I find she did
not pursue the case in a serious manner, and did not contact
and/or review key people and material.
It is my hope that you would like to Investigate deeper into this
case. I would be most happy to provide information concerning its
complications and variables. Incidentally, Ms. Stovall never
interviewed me concerning the case. It is beyond me how Me.
Stovall can make the statement, "After carefully investigating
the claim...", when she never inquired of the person who made the
claim, much less other people who had information to contribute.
I offered two sentences of information during one of the phone
calls which I had to make to her to obtain any communication, and
she appeared quite unhappy to receive such Information until
solicited. She then never solicited information.
If you agree with her findings, I then need copies of all of the
reports she reviewed, the names of persons she contacted, and
the laws she drew upon to make her decision, as well as a copy of
my entire file(s).
I
nc ely, 1
~s M nta e
24 3 Jacq ne
Den on, 76205
r 1
Home - 565-8127
Work - 383-7738
I
i
i
1
r ~ I
1
8 g
r
r
I f l~
8/6/90
DEBRA DRAYOVITCH
CITY NEY
ITY OFTDENTON
f C
215 E. McKINNEY
DENTON, Tx 76201
DEAR DEBRA,
I SENT THE ATTACHED LETTER TO YOU ON JULY 23. I BELIEVE I WOULD
HAVE RECEIVED SOME WORD FROM YOU BY NOW HAD YOU RECEIVED IT, SO I
AM RESENDING THE LETTER TO YOU BY CERTIFIED MAIL,
AS OF THIS DATE, ALL THOUGHTS AND REQUESTS OF THE LETTER STAND
THE SAME.
I WILL BE LOOKING FORWARD TO HEARING FROM YOU.
ING R LY,
~g lr LAS.. ? .
2 13 J AC
QU LINE
D NTON, T 76205
TELEPHO E. H - 565-8127
W - 383-7738 i
i
E ,
f- ,
i
s
--T
r.ers. 1
5
4
7/19/90
Debra Drayovitch
City Attorney
City of Denton
215 E. McKinney
Denton, TX 76201
c
Dear Debra,
Per Ms. Stovall's July 16, 1990 correspondence, my claim has been
denied.
1
Certainly, I do not agree with her findings and, in fact, I
believe her entire handling and investigation of my case (OL-90-
32-50368-001) has been negligent. In checking, 1 find she did
not pursue the case in a serious manner, and did not contact
and/or review key people and material.
It is my hope that you would like to investigate deeper into this
case. I would be most happy to provide information concerning its
complications and variables. Incidentally, Ms. Stovall never
interviewed me concerning the case. It is beyond me how No.
k
Stovall can make the statement, "After carefully investigating
the claim...", when she never inquired of the person who made the
claim, much less other people who had information to contribute.
I offered two sentences of information during one of the phone
calls which I had to make to her to obtain any communication, and
she appeared quite unhappy to receive such information until
solicited. She then never solicited information.
If you agree with her findings, I then need copies of all of the
reports she reviewed, the names of persons she contacted, and
the laws she drew upon to make her decision, as well aq a copy of
my entire file(s). i
f 1
Sinc ely, f
i
i
Month e
24 3 Jacq ne
Den on, T 76205
Home - 565-8127
Work - 383-7738 il
. 1
1
r *147v
t
Y
I
f
I
f
{
i
.r
j
LETTER FROM CITY ATTORNEY
{ 'I
J
i
I I I~.
J
I 1
j j-
I I
1 1
J
t
4
0°
9
r Q
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(877)566.8200
Office of City Attorney
August 7, 1990
Ms. Jo Montague
2413 Jacqueline
Denton, Texas 76205
Re: Your Claim Against the City
II
Dear Jo: for $379.95
Your letter of July 19, 1990 arrived in our office July 25, 1990,
I was out of the office until July 30, 1990, When I returned, Miss
Stovall was leaving for a two week vacation, so I have been unable
to question her concerning the investigation of your claim.
When she returns, I plan to meet with her in this regard but I must
also advise you that it is our practice, in conformance with the
requirements of the open Records Act, to not release investigative
files pertaining to a claim while a claim or litigation is pending. y
I have already provided you with a copy of the Texas Tort Claims
Act, the law governing whether the City is liable for your claim.
When Jackie returns I will
in which ' pursue my investigation of the manner
your claim was handled as we discussed when you visited j
my office. In the meantime, should you have any more questions,
1 please let me know.
Sincerely,
Debra A. Drayovitch
City Attorney
DADS lahC.
xc: Lloyd V. Harrell, City Manager
Jackie Stovall, Claims Representative
;y `J
.
i
,
IL
ti
r
w,
Ile- I
CITY
COUNCIL;
i
i
d~oaaa a
of o.
.
o~H o00
°°oeocc ~
~ 1fI
I` 1 I
I
1 '
I
• Y
A'.
t
I'
f w>~ 1 t
i
a
DATE: 09/04/90
CITY COUNCIL REPORT FORMAT ~J
TO: Mayor and Members of the City Council Z-4"
PROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER A RFSOLUTION MODIFYING THE DENTON DEVELOPMENT PL.N TO
CHANGE THE BOO.4DARIES OF STUDY AREAS NO. 23 AND 24 AND HOLD A PUBLIC
HEARING TO CONSIDER AN ORDINANCE CHANGING THE ZONING CLASSIFICATION
PROM SINGLE FAMILY (SF-10) TO GENERAL RETAIL (GR) ON A TRACT OF
21 ACRES IMMEDIATELY WEST OF CARROLL BOULEVARD
RECOMMENDATION:
The Planning and Zoning Commission recommends, adoption of the change
in zoning and modification of the study area boundaries (6-0).
SUMMARY:
There are two items on your agenda dealing with the saw) tract, a f
resolution to amend the Denton Development Plan and a zoning - h
ordinance. The resolution would move the 21-acre Fairgrounds site
from A low intensity study area to a moderate intensity study area,
and enable revies, of the zoning case under th, 'least intense, moot
logical' standard of the Denton Development. Plan.
The ordinance rezones the site from single-family (SF-SO) to general
retail (GR), The attached staff report presents an argument whereby
general retail development is the least intense, most logical land
use for the area and preserves the integrity of the low intensity
area in which the site is now located.
BACKGROUND:
j
4 Please see the attached 1•taff Report, i
PROGRAMSL DEPARTMENTS OR GROUPS AFFECTED:
Fair Association, the current afte, and their neighbors.
FISCAL IMPACT:
N/A
1
I
f ~ t
i
i, .
Study Area9 No, 23 and 24
September 4, 1990
Page 2
Respe ally submitted:
Pre Par by: / ' / Ar
v CS Nanagar ~
0. Owen Yost, ASLA
Urban Planner
t
Robb e, AICP
Ank
executive Director
planning and Development
j ~
I
i
I ~
~ 1)
~ J
i
f
i I
7 ~ ~ I
k
~ 266ik
I ~ .NJ~'1Yf~ V
I1I{r K
l
II`11[ ~ 1..,.
I
F 1 PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
To: Denton City Council
Case No.: Z-90-005 Meeting Date: September 4, 1990
GENERAL INFORMATION
Applicant: City of Denton, for
North Texas State Fair Associati,)n
P. 0. Box 1695
Denton, TX 76202
Represented by: James Roden
President and Executive Director
North Texas State Fair Assn.
Requested Actions Rezoning from single-family (SF-10) to
general retail (GR) and modification of the
boundaries of study areas 23 and 24 in the
Denton Development Plan.
Location and Size: The site of approximately 21 acres is
located immediately north of a retail
development which fronts on University
Drive. Th`oxsite imatelitself fronts
feeto northCarroll
Blvd., approximately 1,040
University Dr.; and the entrance Is 630 feet
north of the intersection of Carroll Blvd,
and Sherman Dr.
Surrounding Land Use and Zoning:
North - Multi-family zoning (MP-1 and MF-R) on undeveloped
` land; single-family (SF-10) with a Specific Use 1
Permit for a day care center, which operates in an
existing church.
South - General Retail zoning district of 29 acres occupied
by a retail center.
East - Carroll Blvd. and general retail zoning and land
i use; multi-family MF-1) zoning on vacant land.
West - Planned Development No. 95 (undeveloped) allowing
for a retlrem /nursing complex on 10 acres.
i
1
~ ~ 9 wr (f
(Case Z-90-005)
Page 2
d
p
GENERAL INFORMATION (Continued)
Denton Development Plan:
Low intensity area. Study area No. 23 (see Attachment).
Adjacent to moderate Intensity study area No. 24, and a
neighborhood preservation area.
SPECIAL INFORMATION
Transportation;
The property fronts on Carroll Blvd., which Is a primary
arterial to its intersection with Sherman Drive, and is a
collector street to the north of Sherman Drive. Sherman is
a primary arterial street. To the north, Headlee Street is
a collector, and Windsor is a secondary arterial.
The Intersection of Sherman Drive and Carroll Blvd. has been
complained about by motorists, but has had only S traffic
accidents in the past 12 months.
4 k A recent 24-hour traffic count on Carroll at Ross was
3,680. The two lane section of Carroll, north of Sherman,
has a capacity of about S, 000 average daily trips (ADT).
Significant development of the subject tract could trigger
' the need for improvement of Carroll to the northern limits
of the subject tract, to its ultimate planned design as a
four lane collector or to secondary arterial design of four `
lanes, divided.
If the entire tract were developed for recall purposes,
Carroll Blvd, to the northern limits of the 21 acre tract
should have four lanes, be divided, and have turn lanes. A
curb cut no further south than the middle of the tract could
be made and the existing southerly curb cut should be
eliminated,
The Fair Association has been consulting with the
Engineering Department on the optimum parking layout. An
arrangement showing spaces for 931 vehicles has been
provided to the Association.
Ml
i
r
ff
(Case 2-9U-005)
Page 3
SPECIAL INFORMATION (Continued)
utilities:
There is a sanitary sewer line in Carroll Blvd., fronting
the site. This line is sized at 12-inches from south of the
site to Carroll's intersection with Sherman Drive. At
Sherman Drive, the line reduces to 10-inches and continues
north past Strata Drive. A 10-inch branch veers off to the
west for appproximately 1200 feet, ending in the area of
multifamily zoning.
A 6-inch water line exists In Carroll Blvd, abutting the
development, ther adjacent to the rsoline runs uth boundary of the retail
Fairgrounds. An 9-inch water line exists to the west of the
site.
The single-phase electric service is sufficient to serve the
existing facility, but may have to be upgraded depending on
the demands of proposed development. It is possible that
the existing single-phase service can handle general retail
dwill lobe a pment, but developer expense. or upgrading of the service Drainage:
Only a small portion of the Fairgrounds site is in the
floodplain according to F.E.M.A. maps. This is on the
I southwest corner of the tract, and is associated with an
Intermittent branch of Pecan Creek in Planned Development
I 95, to the west. F
'rho site is relatively flat.
Si nificant development of property to the north, or on the
ubject tract could create the need for drainage
improvamonts on the tract. Existing drainage systems south f
and downstream are inadequate to handle drainage from a of
developed retail tract. Staff has suggested
a detention pond at the southwest corner of the tract as a
cost effective solution to iaeeting future drainage needs.
1
i
r _
~i
fl■■ Y~
1
rll\'^II.~ 1
(Case Z-90-005)
f•>,.-. Page 4
C
y r -
ti HISTORY
Prier to being zoned, the land was owned by Mr. W. C. Kimbrough,
who in 1948 deeded the site to be used as a fairgrounds.
Consequently tt,e Fair moved to the site. The Fairgrounds was
zoned SF-10 In 1969. The North Texas State Fair has continued
as a legal non-conforming use ever since.
craw
The single-family zoning situation came to light last year when
the Fair Association was cited for erecting a sign--a sign which
is illegal in single-family zoning. Sign violation citations
were issued in November, 1989 and February 1990. When the sign
was covered, enforcement action ceased. No fine has been paid.
Planning staff discussions with the Fair Association began in
April 1990.
The Fair Association is seeking a zoning change which would
legalize their sign, allow expansions and improvements if
affordable, and provide a good price In the event that the land
sells.
Two neighborhood meetings were held, on June 4 and July 16,
1990. At the meetings concerns abrnt parking, noise, indecent
exposure, trespass, anA urination o~t private property were '
noted. At both meetings, the neigh ')Ors voiced support for
commercial zoning and allowing the Fair to improve its site.
Planning and Zoning discussed the Fairground's alternatives on
May 8, 1990. Planning and Zoning directed staff to initiate a
zoning case on the subject tract. At a public hearing on July
25, Planning and Zoning directed staff to pursue general retail
j (GgR)zoning. The case was considered by the Commission on
a9 publicdheIt was aring,tto unanimous
following,
ANALYSIS
Major input into the staff recommendation was provided by the
policies of the Denton Development Plan, the North Texas State
Fair Association, the Planning and Zoning Commission and the
property owners and residents adjacent to the site.
The Denton Development Plan provides a policy framework for the
orderly development of Denton through the year 2010. The Plan
points out that the existing residential neighborhood
immediately east of the Fairgrounds, delineated on the west by
r -
r
III ( aseSZ-90-00s)
Page
II
ANALYSIS (Continued)
Carroll Blvd., has been designated as shoul dbegi
a neighborhood preser-
vation area. This moans special consideration ven
ur not In thetreiihborhoodreitrabutsntt while the Fairgrounds is
deveT-opment will impact the nelghborhood~ the site s eventual
General retail (GR) zoning would allocate 6S0 intensity trips
per acre to the 21 acres, or a total of 13,650 intensity trips
The low intensity proportionate share would be (60 x 21) 1,260
Intensity trips. Actual use allocation is (85 x 21) 19785
Intensity trips. 5,581 intensity trips remain to be allocated
disproportionate share area 123. 0 If ER zoning Were granted, a
allocated to the subject site and t- l260) helentirelst390 ris would be
udytarea would go
Into an over-allocated status by (120390 - 51581) 6,809 trips,
or 1031.
The criteria used for analysis of a disproportionate share of a
GR zone in a low intensity area would Indicate the zoning should
not be granted. The criteria for a GR zoning analysis in study
area 24, a moderate activity center, already very substantially
over -allocated now (see Attachment 4} generates another result.
Rather than applying the disproportionate share intensity
analysis, staff presents an analysis for "least Intense, most
logical land use" applicable If the 21 acre tract were added to
r the already over-allocated moderate activity study area number
The infrastructure 1s in place or may be built to su
( GR-type development on the 21 acre site. The neighborsrhave
f consistently agreed to commercial
Some of the uses permitted In the C~zonining GR-typo) uses.
not
compatible or "logical" for this site. GR maytbecthereleast
intense, most logical land use", according to the neighbors, at
least.
lioving the boundary of the moderate study area to include the
subject tract would enable continued analysis of low Intensity
study area 023 under the proportionate share method, since all
of study area 023's unallocated trips would not be allocated to
the subject tract, and the study area 0 13 would not be in an
over-allocated status.
i
i
i
(Case Z-90-005)
t
Page 6
ANALYSIS (ContLnted)
The low intensity area policy, of separating shopping areas from
existing shopping areas by 1/2 mile would be violated. However,
at meetings of the neighborhood, held June 4 and July 16, the
neighbors voted overwhelmingly to pursue zoning that would all<w
minor expansion and Improvement of the Fairgrounds, regardlcss
of the increased intensity. This, they felt, would permit the
Fairgrounds to be a good neighbor, and might alleviate some of
j the complaints.
RECOMMENDATION
1. The Planning and Zoning Commission recommends the change to
retail (GP) zoning, and amending the Denton Development Plan
to modify the boundaries of study areas 23 and 24.
ALTERNATIVES `
1, Approve zoning change to GR.
2. A prove zoning change to GR and modification of study areas
23 and 14 in the Denton Development Plan.
3. Deny zoning change to GR.
4. Deny zoning change to GR and direct staff to report on
another zoning district.
ATTACHMENTS
1. Location Map
2. Current Zoning Map
3. Zoning Ordinance and Resolution
4. Study Area No, 23 Data
S. Map of Study Area No. 23
6. Study Area No. 24 Data
7, Map of Study Area No. 24
8. Genaral Retail (GR) District Uses
9. ML% utes of Planning and Zoning Commission Meeting of
August 8, 1990.
2968a
i
ATTACHMENT 1
r...~ North Texas Fairgrounds
40
00 400 N.,~NI
~.r 7 lY/lta
- r.I 0 jklow"41
UL NO
~ ~ ~ a1MIl°T
~fN i r
Mua lN! at NwnMa
77 !1 M Hollow Imo' vuln
IlM M' toW Itl~MM
ITONI Y"CA
1 oat
NO110W ~y1{
e - N O To
W
~ ~ lollya 6 wlNOUOOI
tl Ci J
1
M o0 Q N°I IOOr Iltw M
OAMMMViM Ii `
1 OAI IO MIW '
Mua
Poll ow v M*~ ` ►W a • j wall 1YV Of
1 0 wuka wwofa i
Wof"WIM Mallow
r.
W*Wmm
- ® wINN01 M OMTIIaOO TO e .
NNTNINI ' Oftmam M
pryMO OU~1 MMMIOIM ~pM/N OR O J'
NOMNM P
YMg11Olt - OMM11 /N~'
MMOOW MOM NI ! 1 FAIR N f 1
Ii11IiON 1
r 1►IMYM ~
/7OIIOtON Poo" ~ OW 1
. wr I wwl I T w WIN
a<IYIIMt . ~ IOtlllf
ri
lINIOM 'r
I
1 ~
I
s
~Ma, 1
1
ATTACHMENT 2
r:
N A N
Z
Ai A
1 S-113 - Church day care center LzI~
S-6 - Nursing home
i,
3 " Nursing home
-
4 PD-21 Elderly retirement complex (built) \e ~y oAh~ A
PD-95 - Retirement campus (not built) - ---J '
_ 'P[
L~ nanV~ MEA1TA6E,
3 4 HLL
Leo
~N. PD-21 ` --F R ~~j5 6 FA [W"S LK.
-1----'~fi I Co. m F, C
TA A W Q
' ~ 0~5 •fORfiST
PD'~95 - SF-7
GR
i
® ~ f
MF
EMENY_ _ 1 2
f-------~ r
3
~ NT 55 T r "T'-1 r ~ MGM
SCALS ~)AUE DAn
i
i
F
t ,
ATTACHMENT 3
3
)
r P
ORDINANCE NO-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM SINGLE-FAMILY (SF-10) TO GENERAL RETAIL (GR) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR TWENTY-ONE (21) ACRES OF
LAND DESCRI ED HEREIN, NORTH FOR AOPENALTY DIN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
r, DATE.
WHEREAS, the City of Denton has applied for a change in zoning
III for twenty-one (21) acres of
district classification (sF,nd 10) use
zoning land
general retail (GR)
designation, and
FIHEREAS, on August 8, 1990, the Planning and Zoning Commission
-recommended approval of the requested change in zoning, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS%
SFnmTON I. That the zoning district classification and use
~ on cf the twenty-one acres of land described in Exhibit
designati
"A", attached hereto and incorporated herein by reference, is
hereby changed from single-family (SF-10) to -general retail (GR)
zoning district classification comprehensive zoning ordinance of the city of Denton, Texas. the
a
G qFC21 N I1. That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as an Appendix to the
Code of Ordinances of the City of Denton, Texas, under Ordinance
No, 69-1 as amended, is further amended to zoning district classification approved for the o property adescribed.
gFcTIy ON I11, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
a separate and provision distinct offenseHance is violated
$2j000.00. Each shall constitute day that a
jKCTIOX_ IV. That this ordinance shall become effective
fourteen (14) days from the irate of its passage, and the city
Secretary is hereby directed to cause the caption of this ordinance
to be published TexasC within ton c (10) t dayc official
of newspaper of the City of Dent the
date of its passage.
1
1
r
orb
PASSED AND APPROVED this the day of 1990.
BOB CASTLEBERRY, MAYOR
.
ATTEST:
JENNIFER WALTERS# CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHo CITY ATTORNEY
BY:
89045
h
E
Page 2
3-2
i
i
I
EMIT nAn
LEGAL DESCRIPTION
or THE DENTON FAIRGROUNDS
BEGINNING at the Northwest corner of Lot No. 1, of a
partition of land recorded in Book X, Page 509, of the minutes
of the District Court of Denton County, Texas - and being share
No. 2 of said partition 936.4 feet North of the Southwest corner
of the 170 acre tract retorted to in warranty Deed No. 35'19;
THENCE North with the west line of said tract 723.3 feet the
Southwest cornet of Share No. 3 of said Partition;
THENCE East 1269 feet Northeast cornet of said Share No. 2;
THENCE South with West line of Try Addition to the City of
Denton 723.3 feet Northeast corner of said Share No. 1;
THENCE West 1260 feet to the place of beginning, and
containing 21 acres of land.
x3792q
3-3
S
gg ii
r
RESOLUTION NO.
A RESOLUTION AMENDING THE BOUNDARIES OF INTENSITY AREAS 23 AND 24
OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton is petitioning for a zoning change
for land owned by the North Texas Fair Association that would
require the amendment of the boundaries of intensity areas 23 and
241
WHEREAS, the Planning and Zoning Commission has recommended
approval of the amendment; NOW, THEREFORE,
THE CO=K= OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. Appendix A of the Denton Development Plan is
amended by adopting amended Intensity Areas 23 and 24, attached
hereto.
O CTION II. That the Concept Map of the Denton Development
Plan is amended to show the amendments made.
SECTION 112. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of _ , 1990.
BOB CASTLEBERRY MAYOR
ATTEST: J
JENNIFER WALTERS, CITY SECRETARY f
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
u
89045
3-4
l
r
Mdb~
`r
f ~
ATTACHMENT 4,
LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
Intone ty araa It 13 Typa~ Lox Intensity Tri ps/ae 60
Traffic survey :ones: 6680 66825 6684
Boundary Description: North: Windsor Drive
South: N.property line of coma. and retail n.of Hwy
Date: 11/22/89 East: Hvy 77, Bolivar, Headlee, and Carroll Blvd.
-__---___--Wastsy---Sonnia Bros
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT
SF-16 < 34 21.46 140 0 0 0 0 0
SF-10>16 608 213.61 6080 8.52 255.6 0 0 0
SF-7>10 117 25.77 1170 0 0 0 0 0
LESS SF-7 1 0.1 10 0 0 2.17 16 160
HOB.HOMES 0 0 0 0 0 0 0 0
DUPLEX 44 6.92 440 7.37 589.6 0 0 - 0
MF-R 6 0.86 48 12.15 1215 0 0 0
MF-162 0 0 0 5.24 1048 0 0 0
COM/RET 0 0 0 8.79 5713.5 0 0 0
OFFICE 0 0 0 0 0 0 0 0
INDUSTRY 0 0 0 0 0 0 0 0
INSTI'NAL 0 41.16 3498.6 0 0 29.79 0 2532.15
PARRS 0 129.19 3875.7 0 0 0 0 O
R/0/SPACE 0 18.3 0 0 0 0 0 0
TRANSPORT 0 11.42 0 0 0 0 0 0
AGRIC. 0 0 0 75.83 0 0 0 0
VACANT 0 149.86 0 0 0 0 0 0
TOTAL 810 618.45 18461 11749 8822 31.96 16 2692
.
- INTENSITY CALCULATIONS
i
I 1 Intensity area total trips 618.45 times 60 37107
(2 Trips allocated to exist nq q land uses (built) 14462
3 Trips allocated to currant coninq incl. P Ds (not built) 11514
4 Tripys allocated to vacant lands not coned plus A1►gqrio. aoninq 4550
5 Eatiaatod unallocated intensity trips 1)ainum. )+(31+(4) 5351
~6 -Percentage, of intensity trips allocated 85
1
i
. I
I
1
I
F
~•M M:y.Pty r
1 1 1■■■yi i
. ~Sl fa'%Al~
+ e
ATTACHMENT 5
'L
i J IMTSRSITT ABTA 23 S1~B 61835 ACBBS
i I
NOUNDART DBSOBIMON
cast: Highway 770 Bolivac, Headlee Street, and Carroll Boulevard ji
Neat: Bonnie Brae
North: Windsor Drive
South: North property line of commercial and retail uses on the north
aide of university Drive
I
st I I
~I
Z m 1 ~ I
• C
.
wra0801 Datva
,
.P'
s
,
i~
' r L
HAU
0 *00 2000
&"of saw" to"
1
I
J
r
r~
ATTACHMEN'T' 6
111 rY:
y^ LAND USE MANAGEMENT INFORMATION SYSTFK
! PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
Intensity area t: 24 Type: Moderate Intensity TrippB ao 750
T S 3 0: 6677 6675 6679A 6680 6686A 6681A 6684A
Boundary description: North: North property line north of VS 380
South: South property lino south of US 380
Date: 11/22/89 East: Carroll Blvd.
Wests Property line west of Bonnie Brae
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT
SF-16- ---------0--------0--------0--------0--------0--------0--------0--------0
SF-10>16 0 0 0 0 0 0 0 0
SF-7>10 0 0 0 0 0 0 0 0
LESS SF-7 0 0 0 0 0 0 0 0
MOB.HOMES 0 0 0 0 0 0 0 0
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 0 0 0
MF-162 0 0 0 0 0 0 0 0
COM/RET 1 101.5 65975 29.615 19249,75 28.41 0 18466.5
OFFICE 0 11.12 3892 2.5 875 0 0 0
INDUSTRY 0 0 0 0 0 0 0 0
INSTI'NAL 0 17 1445 0 0 0 0 0
PARKS 0 0 0 0 0 0 0 0
R/0/SPACE 0 0 0 0 0 0 0 0
TRANSPORT 0 25.96 0 0 0 0 0 0
AGRIC. 0 0 0 0 0 0 0 0
VACANT 0 60.525 0 0 0 0 0 0
TOTAL _.--1--216.105 71312 32.115 20125 28.41 0 18467
INTENSITY CALCULATIONS
1
i
(1 Intensity area total trips 216.105 times 330 75637
2 Trips allocated to exist ng land uses (built) 71312
3 Trips allocated to current zoning incl. P Ds (not built) 38591
4 Trips allocated to vacant lands not zoned plus Aqric. zoning 0
5 Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -34267
(6 Percentage of intensity trips allocated 145
-
ONE THIRD RULE CALCULATIONS
(1 Allocations for com\rstail development Acr72,04 Tri4d823
2 Existing com\rstail land uses (built) 101.50 65975
3 Current coning for com\retail land uses 56.03 37716
14 Total allocated (2) + (3) 159.53 103691 111
(5 Unallocated trips\acree -87.49 -56669
1
1
E
ATTACHMENT 7
i ' INTINSITY AREA 0 24 SIT!
i
BOUNDARY DiiCRIPTION
east) North LOCaet Street
-le AtI .test boundary of esistinq (6A) and 16 toning west of Lonnie
~ 6tae
Notthl Notch ptopertf line of Comnetc Lal and retail 4148 on the north
side of Univo mty Drive
South: ConmenClnq an the rest and following the south boundary line of
eKiStinq GA toninq West of tannin brat. and followlaq Leafy
Steett-lest to include eriaeLag eonuaeeeLal on ens n09theaet
tyT- Cotner of .Yelane and University Drive then following the Creek
and then to Wwwey and then to the south property line 09 U
uete aoattlnq Surat Ste**%, then along Carroll Slvd. to
UnLvttsity Drive
I ~ ae(~L v
.
~ CI /
r 1. HAGGARD L
4 ~ sarnon ns.n oM cy,
cad MATO"* NA
NI;; MITI
i'
ti
mycomm,
HWY. ]80
UNIVERSITY DR.1=ES ;
Q ON OIU
~aa LINOEN
E [-I Ell I
{ 0 , e8 'Igoe
NNE E ® .
1
u
INTRNUTY ARIA ♦ 24 $1:3 ACA21 I
N~~ 1
• I~
80UNDART Dt8OI1TT1011
f laetl berth LOCUat street
Yalu Welt o011ndaty of emi lnq IGA) and ICI salting root of lonnia
area
Nocths North property line at Commercial uW retail 11841 on the north $ I
e side of University Drive ~C/~
1 Y I
southl Corenclnq on the vast and tallovlnq the south Dovi time of
eilatln9 Gal tol rest of aonnle ease, and loliarSnq leery
street Vast to include eslecln9 cawccial on tree northease
corner of Ri lone and University Dreve then follorleq the ciaet , Y
and then to reatray and than to the saute property lino of =
uses &outti" sunset street, then ale" Cerroll Blvd. to Y>
U f Dr vo I'
V f / 7 ti t`
(AAGGAR9 t.N.' rII I
MCI r~l
a
I ~ L7M! MMTtkY~ lAA)
4 N AC
HWY.
OAS a
~r ' oa
F7 ~
1. N ❑ ~ ± SCAL■
DC~®Cl G 8 689
11N
7-2
1
J
It. i+
1
l r .iC Y: { ~
I11 fr
S
S .d[ y
s1~
Y
a
INTENSITY ARRA + 24 SIEE 216.1 ACRES
BOUNDARY DESCRIPTION
lest: Notch Locust Street
Wilts Rest boundary of abating (OR) and (c) toning vest of Sarnie
era.
North: North property line of commercial and [stall uest on the north
side of University Olive
foutht Commencing on the rest and following the South boundary line of
$Sitting OR toning west of Bonnie Brae and following tieery
Street welt to include existing competclal on the northeast
corner of Rtlane and Unlveralty D:lve then following the creek ,
and then to Weetway and then to the south property line of OR
uses ebuttlny Sunset Strait, then along Carroll Blvd. to
University Drive
wDRrr~mf A ~ y b T
1STVARD {
HAGGARD L
` I
SECTION 24.A tta N • ~ • .
Q ~ + hwcroW er.
I '
(M NVITON" 2491`
1 !Mr►'~~ ~1 N RY ~I
k rsraRfri
`EI Wwrnal ~ .
ff 11 HWY. 380
I UNIVERSITY DR. WEST
I'
~ ~gtNrNSSN Q
L M OIL
f R~Sc
- ❑~Z2
ao❑LIN4~~C~aa~
ICALE
N 0 500 1000
I
W~,RItWc r crry of aMr" rrx1#:
e I I
A
1
' r
~r
1
r~ ` ~wc.~ 111
Attachment 8
r
SELECTED GENERAL RETAIL USES
Dormitory
Hotel or motel
University or college
Day nursery
Group home
Hospital
Library
Nursing home
'trade school
Fire station
Telephone business office
Dance hall or night club
Play£ield or stadium
Auto sales or repair
Auto laundry
Florist
Self-service laundry
Offices, professional
Retail store
Animal clinic
t Plant nursery
Art gallery
Church
College
Halfway house
Schools
1 Radio and telephone or microwave towers
Swimming pool
Indoor amusement
Country club
Golf course
Parking lots
Gas stations
r cl{,3, New auto parts sales
Antique shop
Bakery
Cafeteria
i, Laundry
Greenhouse or plant nursery
Appliance repair
Sett-service laundry
Funeral Parlor
On and off premise sale of alcoholic beverages
Restaurant
i Studios
I
233bx 1
I 9 t•
1 j ! 1'd ~
1 1 ~ r
11
w
~Y>+ .......w,N~wwawn..,............ _ ,.....,.,....rurrroa=»a».a.,.......... ~
li
E ' I
r
I
-OWN
i
r
COMMERCIAL USES
Community Unit Development Golf Course (Public)
Dormitory, Boarding or Rooming House Golf Course (Commercial)
Hotel or Motel Park or Playground
Art Gallery or Museum (Public)
Cemetery or Mausoleum Playfield or Stadium
Church or Rectory (Public)
College or University or Private School Rodeo Grounds
Community Center (Public) Roller or Ice Skating Rink
Day Camp Stable, Private Club
Day Nursery or Kindergarten School Stable, Commercial Rental
Fairground or Exhibition Area Stable, Boarding
Group Homes Swim or Tennis Club
Halfway House Theatre, Drive-In
Home for Care of Alcoholic, Narcotic Airport Landing Field
or Psychiatric Patients or Heliport
Hospital (General Acute Care) Bus Station or Terminal
Hospital (Chronic Care) Hauling or Storage Company
Institutions of Religious or Motor Freight Terminal
Philanthropic Nature Railroad Freight Terminal {
Library (Public) Railroad Passenger Station
Monastery or Convent Railroad Track or
Nursing Home or Residence Right-of-Way
}tome for Aged Railroad Team 'c'rack
Occasional Sales Parking Lot, Truck
Park, Playground or Parking Lot or Structure
Public Community Center (Commercial)
School, Private Primary or Secondary Auto Laundry
School, Public or Denominational Auto Painting and Body Repair
School, Business or Trade Auto Sales and Repair
Accessory Building (In Building) I
Community Center (Private) Gasoline Service Station 1
Electrical Substation New Auto Parts Sales Stores {
Electrical Transmission Line New or Used Car Sales Lot
c' Fire Station or Similar Public (In open)
} Safety Building Seat Cover and Muffler
Gas Transmission Line and Installation Shop
Metering Station Tire Retreading or Capping
Home Occupation Laundry or Cleaning
Off-Street Parking Incidental Self Service
to Main Use Mimeograph, Stationery
Radio and Television or or Letter Shop
Micro-Wave Tower Mortuary or Funeral Parlor
Off Street Remote Parking Offices, Professional
Sewage Pumping Station and Administrative
Swimming Pool (Private) Off-Premise Sale of
Telephone, Business Office Beer and/or Wine
Telephone Line 6 Exchange On-Premise Sale of
Switching or Relay Station Beer and/or Wine
Water Reservoir, Water Pumping Licensed Private Club
Station or Well Pawn Shop
Amusement, Commercial (Outdoor) Retail Store and Shops
Amusement, Commercial (Indoor) 4,000 sq. ft. o: less
Country Club (Private) Retail Stores and Shops
with Golf Course over 4,000 sq. ft.
Dance Hall or Night Club Studio for Photographer
;j Water Treatment Plant Musician, Artist or Health
i
Commercial Uses - Page 2
Secondhand Store, Used Furniture
tr or Rummage Sale
Tool or Trailer Rental
Animal Pound (Public or Private)
Animal Clinic or Hospital (No Outside
Runs or Pens
Animal Clinic Hospital with
Outside Runs or Pens
Farm or Ranch
Greenhouse or Plant Nursery
Hatchery, Poultry
Bakery (Wholesale)
Building Material Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant
(Commercial)
Cleaning Plant, Bags or
Carpets (Special Equipment)
Clothing Manufacture or Light
Compounding or Fabrication
Contractors Shop and
Storage Yard
Engine and Motor Repairing
Feed Store
Heavy Machinery Sales
and Storage
Job Printing or Newspaper
Printing
Laundry Plant (Commercial)
Milk Depot, Dairy or
Ice Cream Plant
Paint Shop
Plumbing Shop
Scientific or Research
Laboratories
Storage and Sales
of Furniture or Appliances t
Outside a Building
E Storage or Sales Warehouse
Trailer Rental or Sales
E Transfer, Storage and Baggage I
Terminal
Wholesale Office and Sample Room
Sexually Oriented Business
Theatre, Other Than Drive-In Type
Restaurant
f
i
' I
1
~I
A list of uses authorized in the C Zoning District for which staff
expressed concern that they may be incompatible with the Fair's
neighbors.
C District Uses
o Bus Station
o Hauling Company
o Motor Freight Terminal
o Poultry Hatchery
o Building Material Sales
o Cleaning and Dyeing Plant
o Clothing Manufacture or Light Compounding or Fabrication
o Contractor's Shop and Storage Yard
o Engine and Motor Repairing +
I
o Laundry Plant
I o Trailer Rental or Sales
o Animal Clinic, Kennel, or Hospital with Outside Runs or Pens
o Heavy Machinery Sales and Storage
o Storage and Sales of Furniture and Appliances Outside a
Building
i
i
i J
I
j
I
r 1
1
I
` . i .n urn.. •r.
V,
f.
,
r`
t
u
E
~ DRAFT ATTACBMENT 9
MINUTES
{eo., Planning and Zoning Commission
August 6, 1990
a
i
The regular meeting of the Planning and Zoning Commission of the
City of Denton, Texa.:, was held on August a, 1990 at 5:00 P.M. in
the City Council Chambers of the Municipal Bulldinq.
Present: Wine Brock, Jim Engolbrecht, Ivan Glasscock, Judd Holt,
William Kamman, and Fran Morgan
Absents Etha Kiker
Present from Staff: Frank Robt.ins, Executive Director for Planning
and Development: Owen Yost, Urban Plannert stove sees*,
Urban Plannert David Salmon, Engineering: Joe Morris,
Assistant City Attorney) Cecile Carson Administrative
s naaiist: Mayor Bob Castleberry$ and Olivia Carson, Clerk-
Ik Chairperson Brock called the meeting to order.
I I. Hold the annual election for the chair and vice chair of the
Commission.
The commission agreed to postpone the election until all
members could be present.
II. Consider the minutes of the regular rooting of July 11, 1990.
Ms. Brock noted that on page 1, paragraph 9, the future
meeting dote for the Commission should be August 22, 1990.
It was moved by Mr. Kamman, seconded by Mr. Engelbrecht and
unanimously carried (5-0) to approve the minutes of July 11,
1990, as corrected.
III. Sold a special session to avend the Denton Development Plan to
change the boundaries of intensity areas 23 and 26: and hold
a public hearing to consider the rezoning of the North Texas
f Fairgrounds site from single-family (SF-lo) to general retail
L (GR).
Ir Twenty-itve reply forms were mailed to adjacent property
owners within 200 feet of the sites 2 were received in favor
of the zoning chango and 1 in opposition.
Mr. Holt arrived at the meeting.
STAFF REPORT: Mr. Yost presented the staff report. He said
that the site is approximately 21 sores located immediately
north of a retail development which fronts on University
Drive. The Intersection of Sherman Drive and Carroll Blvd. '
has been complained about by motorists, but has had only 5
traffic accidents in the past 12 months. If the entire 21
acre tract were developed for retail purposes, Carroll Blvd, 1
to the northern limits of the tract should have four lanes, be
divided and have turn lanes. The Fair Association has boon
consulting with the Enginesrinq Department on the optimum
parking layout. An arrangement showing spaces for 931
vehicles has boon provided to the Association. an zoning
would allocate 650 intensity trips per nor* to the 21 acres,
or a total of 13,650 intensity trips. The low intensity
proportionate share would be (60 x 21) 3,260 intensity trips,
Actual use allocation is (85 x 21) 1,785 intensity trips.
5,581 intensity trips remain to be allocated in low intensity „
study area f22, If OR zoning is granted, a disproportionate
share of (13,650 -1,260) 12,393 trips would be allocated to
the subject site and the entire study area vnuld go into an
over-allocated status by (12,390 -5,941) 6,801 trips, Rather
than applying the disproportionate share intensity analysis,
i
I
1
ell,
[ SII~II R PAZ Minutes IA August e, 1990 Page i
staff presents an analysis for "least intense, most logical
land use" applicable if the 21 acre tract were added to
already over-allocated moderate activity study area t2 a,
Moving the boundary of the moderate study area to the subject
tr
act and OR toned area (if recommended) would enable
continued analysis of low intensity study area !24 under the
proportionate share method, since all of study area t23's I
unallocated trips would not be allocated to the subject tract,
and the study area #23 would not be in an over-allocated
status. The utilities are probably okay for most OR uses. If
any upgrading is necessary, it would be at developers cost.
Neighborhood meetings were held in June and July, the
neighbors favored commercial zoning. Mr. Yost showed the
Commission slides of the site.
ro'
Ms. Brock noted that this case is unusual because the
applicant is the Cit7. The Commission instructed a City-
initiated rezoning of the site. She feels that she can
support OR zoning of the tract.
IN FAVORt None Present.
OPPOSEDt Jeff Burnhan-Hinton, 2301 Denison, stated that he 1s
a neighbor to the North Texas Fairgrounds and is opposed to OR
zoning At the site. He is in favor of commercial zoning. The
neighbors do not want multi-family zoning at the site. If it
is toned OR, it would lead to multi-family development. OR
must have a residential base. A developer of the property
w
the retail uses. Nulti-family ould build multi-featly around the general retail to support
most. I
It lsids to sore crime, After what public hearing neighborhood two
neighborhood meetings, the Commission does not saes to be listenin said theyt w ntatcothe mmer ial~sonlnyh buts tdi a they C mmission his
considering OR. The list of undesirable seer allowed In
commercial districts is a red herring. The undesirable uses
are not economically viable and are cost prohibitive at this
site. What should be on the list is the fact that fairgrounds
I are allowed in a commercial Boning district. The fairgrounds
will buffer the existing neighborhood from multi-family uses
and so will future commercial uses at the site. The
f ' neighborhood is not the best but It Is crime free.
l Jessica Durnhan-Hinton, 2303 Denison, stated that she has
k lived in her home for 23 yyeers. She has partialpated in
` numerous events at the Fairgrounds, She has noticed the
encroachment of multi-familyy and oommercial uses in the area
and the subsequent neighborhood decline. She has considered
the matter a great deal. At the first neighborhood meeting
she favored Planned Development (PD) toning for the
j Fairgrounds. By the second meeting she had sided with the
aajorityy in favor of commercial zoning, The Fair Association
cannot do site plans. OR toning will effect the fairgrounds
like a PD. They will have to get a Specific Use Permit (SUP)
' which requires as much detail u a PD. They need to be free
x will akyyrevent indis iml ateh building. reatr
Theufairgr undsits
needed. She opposes OR toning and favors commercial soning.
i
James Roden, 2217 N. Carroll, stated that the Fair Association
strongly feels than It should be toned commercial. There to
adequate buffering between the fairgrounds and single-family in all Mr. Robbins has sold It is mporta ttoparticularly staff tonhaveean that
SUP
so that staff can monitor whatever is done that might increase
attendance at the fair He has Indicated that the restrooss
and storage facility might be okay but anything Increasing
3
1
t'
J
PiZ Minutes -y yy~~ y~ C
August 8, 1990 !i 1i r lr ~I~
Page 1
i
attendance or traffic would not be. At the lest Commission
meetingry, anThus exaeample o[ a commorclal UT hey oulgtysry
hatche
. rs sanitary operations. They dual wipth s
which are placed in incubators. when the eggs hatch they are
shipped out when the chicks are a day old.
Mr. Holt asked why general retail zoning is opposed.
Mr. Roden replied that operation of the fairgrounds in OR
zoning requires a specific use permit. That requires long
range planning. The Fair has no money to do anythirj. Their
buildings are impromptu donations when someone sees a need and
donates material or labor. By the time the Fair went through
the SUP amendment process, people would have lost interest in
a+' making a donation. Also, the amendment would be expansive for
the fair.
Chairperson Brock closed the public hearing.
Mr. Holt asked the procedures for building another area to
house dairy cattle under a specific use permit.
Mr. Robbins answered that it would have to be shown on the
site plan.
Mr. Holt asked if it would have to be shown specifically.
Mr. Robbins said . An oou be to to Board
of Adjustment witieopenendeditype uses. ThegBoardtmight be
a
or storage. Otherwise, they ble to grant variances based on square footage for restroome
site plan and the amendment processdwould be neceame y, oStathe
ff
N could do a city-init.lated SUP.
Ms. Brock asked how long it would take to amend a SUP.
Mr. Robbins replied that it is like a zoning case. Notices
and public hearings are required which takes about three
months.
Mr. Kasman said that he thought the time period was 30 days.
Mr. Robbins said that is for board of Adjustment Items. He
clarified that the reason staff wanted a SUP was not to
monitor attendance at the fair but was related to development
a! enthe n dance end isbnotdco cerned abounot t pthe numberiof nareasing
that are walking through the gate. Staff Is concerned about
development and enforcement of regulations. He is referring
to construction and development on the site. If there is reater ire not applicable. but traffic
hhee buildings are heconstructed#
siorag imay not qualyifyAas expansion ands could be handledaby
the Board of Adjustment. Another fair hall building could be
considered expansion.
Me. Brock noted that two options are to deny the zonin case
or to approve it. If the fairgrounds are left in single- '
family zoning, none of their problems are solved. If the
Commission recommends the zoninq changeep and the fair objects,
Commission could denyethe came and askptoraprepi ation of a `
zoning change to commaroiall however, stets law requires that
a zoning change conform to the master plan. The case tonight
requires changing the boundaries of a moderate node.
I
i
ati
~I
Pig minutes
8, 1 August B, 1990 Page 1 DRFT
A
f
t
Commercial zoning definitely does not conform to the master
plan. Another option would be to deny the case and direct
preparation or a new zoning category for the fairgrounds.
Mr. Holt asked whet has been built at the fairgrounds in the
last 10 years.
Mr. Roden replied that improvements were done to the wooden
I bleacher seats. They may have built the porch and concrete
slab on fair Hall. They would like to build a milking parlor .
where they could walk in a couple of cows for milking but they '
do not have a specific site in mind.
Mr. Holt asked if there are any future improvements that the
fair could anticipate whore they will be.
Mr. Roden said that they are not sure whet their plans are.
Theyy have talked about a new roof and storage and restroom
facilities. They don't have the money to do any of it. They
did have some people that were willing to donate the restrooms
but they could not get a building permit. later the City sent
a letter saying it would be okay to construct the restrooms
but by then it was too late in the year to start construction.
The fair was too close. They may look at doing the restrooms
next year. The way the area is currently zoned they can ask
the Board of Adjustment to allow reotroom construction. It is
still questionable how they can allow it since the fair is a
non-conforaing use.
Ms. Morgan asked it they foresee moving the fair. An
undesirable commercial use might move to the site.
Mr. Roden answered that economics will peovent the site from
becoming a wrecking yard. There are a lot of good commercial
uses that could develop at the miter however, tie fair does
not anticipate moving. The Fair has no money and no buyer.
Creating a fairgrounds Boning district would eliminate any
buyers because they would have to rezone.
i
Me. Brock asked If they opposed a special district. I
Mr. Roden said that they are concerned about any future sales
of the property. They have no plans to roll but they are just
trying to look ahead.
Me. Brock asked if commercial is the only zoning acceptable to
the Fair.
Mr. Roden replied that it is what the Board wants. They do
not went their hands tied.
1
Mr. xaaaan emphasized that the City is trying to accommodate
the Fair but has to protect the neighborhood from undesirable
uses.
Mr. Roden said that the City can change zoning anytime, i
Me. Prosk pointed out that the fair came to the Commission and
asked for help with their problems. The City initiated zoning
ease is an effort to help them. City initiated zoning eases
are not common.
Mr. Roden replied that he thought the case was initiated to
Correct the Injustice of zoning the fairgrounds single-family.
Ms. Brock explained that as cltics grow, there aro non-
ooaforaing uses. The sign isnu• and the restrooms are what
i
3 F4:'tY
~t
~ DRAFT
Pia Minute, r••'• August s, 1990
Page 5
brought up the matter with the fairgrounds initially. When
development was strong in Denton, the Commission frequently
saw zoning cases where sale of property was contingent on
approval of a zoning change. It is routine for developers.
If a special district zoning is developed for the lair and it
moves, there would be no reason to leave that zoning in place.
Mr. hngelbrecht stated that he is troubled by a number of
issues. The Land Use Planning Committee made an effort to
work out a system of land use that assured a transition of
uses. The group looked vary seriously at that iasus Be.,,rs
the Commission is an error that transitions from OR zo SF to
MF to sr. There should be a gradual transition to SF.
" Commercial is inappropriate. That approach would serve the
fairgrounds but not the City. Rezoning will. not preserve the
fairgrounds. It will actually enhance the possibility of
aaIa. The property will not sale when zoned single family but
might very wall do so zoned commercial. That would not
protect the neighbors. General retail is logical and would
solve the sign protlem, it does leave a flexibility problem.
Creating a now zoning district for the fairgrounds would solve
flexibility.
Mr. Holt agreed. Any sale of the property +ould be contingent
on zoning. If the fairgrounds was not going to be there
anymore the City would change the zoning to a logical use.
Mr. Robbins stated that a now zoning district would be
innovative. There would not be a separate category but would
be a conditional use. It would be like an SUP without a site
plan. It would be between an SUP and straight zoning. That
process could take awhile.
Mr. Holt pointed out that if OR zoning is approved they could.
still look into a conditional use zoning,
Yr, Hammon agreed. OR zoning will not hurt the fairgrounds
rigqht now it the City continues to look into a method to solve
all their problems.
Mr. Bngelbrseht noted that there is no zoning catego that
addresses unique community facilities, They have to be lumped
in with businesses and they are fundamentally different.
Mrs Robbins stated that the process of rewriting the zoning
ordinance is taking a while. There is no task fore* pat. It
would be okay to go ahead and do this kind of amendment but it
is all interrelated. This will be a fairly substantial
rewrite but it can be done without a took force. This is an
issue hovever. The idea of having a now district with
different uses is good. Commercial zoning is certainly a
problem. The Commiooion has already indicated that they would
like to have a district between general retail and commercial.
It would not be called a fairgrounds district but would be a
district with several different uses such as fairgrounds,
parks, rodeos, outdoor amusement, ate. The district could be
giver. a name and some standards.
Has Brock moved to recommend that the fairgrounds be rezoned
general retail and that the intensity boundaries be modified
io include the fairgrounds in area 174. She also requested
start to develop a now zoning district that vould accommodate
the fairgrounds.
i
i
I
I ~ uZ Minutes
quet P, 3990
A DRA v
page 6 FT
f
Motton was seconded by Mr. Engelbrecht. He said that it would
bring the area into more accordance with the Land Use Plan and
give the fait-grounds some sign flexibility. He also wants to
continue to work towards a more flexible toning for then and
other types of civic functions.
Motion carried unanimously (6-0).
IV. Consider policy relating to the city extension of city water
and wastewater lines to economic development candidates.
Mr. Robbins narrated the history of the policy saying that
when the Denton Development Plan (DDP) was adopted', there was
an economic growth incentive policy that provided for utility
extension at City cost. The ranking criteria for these
"candidate" lines was found to be problematic, indicating
lines in parts of the city There economic growth was already
sufficient. Also, the policy set amide money to help "hot
prospects" for six months of the year. If the money was not
spent in six months, it was to be used for a candidate line.
Candidate liras are for area- where the City might want to
have lines in the future. Therefore, if a hot prospect
I( appeared after the six month period, the City would be unable
to provide economic incentive. Also, extending lines to
vacant land where there to no interest would create a rate
increase. The Public Utilities Board (PUB) has recommanded
only extending lines to hot prospects. A new set of criteria
is included with the new policy. Mr. Glasscock and Mrs
Ingslbracht have been on the committee working on this new
policy, The policy is that during its annual review of the
utility Department's Capital Improvements Plan (CIP), the PUB
shall consider the allocation of up to $500,000 annually to
finance the construction of infrastructure water and/or sawer
lines. This allocation shall consist of $250,000 from the
Mater CIP and $250,000 from the wastewater CIP.
Infrastructure firlanoirol shall be provided only tot
1) industrial prospects which have committed to buildinq
facilities in Denton
2) comstercial/retail prospects which have committed to
building facilities in Denton and whicht
s) sell a majority cf their goods or services to
individuals or businesses outside of Denton,-
' and/or
b) manufacture goods for consumption to Dehton which
were previously manufactured outside of Denton
3) Corporate headquarters prospects which have committed to
building facilities in Denton.
I'
For purposes of the economic analysist
Project coats shall consist of loot' ofi
debt service associated wit!j the aubjeot utility line's
construction, and
* return on investmont associated with the completed
subject utility lire.
rf.
I
I
I
r
!
1 a Fn^l: 4
t Attachment to Minutes ~`1•„
STAFF REPORT
t) .I.
r
To: Denton Planning and Zoning Commission
Case No.: Z-90-005 Meeting Date: July 25, 1990
GENERAL INFORMATION
Applicant: City of Denton$ for
North 'texas State Fair Association
P. 0. Box 1695
Denton, Cd 76202
Represented by: James Roden
Presideat and Executive Director
North Texas State Pair Assn.
Requested Action: Provide direction to staff concerning
1) Zoning district which should be
considered at another public nearing
2) Establishing a public hearing date for
the zoning ordinance amendment
consideration
4 3) Amending the sign ordinance
4) The pnrocess for considering amendments
to tttie sign ordinance
Location and Size: The site of approximately 21 acre s
located immediately north of a ret,.1
development which fronts on University
i Drive, the site itself fronts on Carroll
Blvd., approximately 1,040 feet north of
University Dr; and the entrance is 630 feet
north of the intersection of Carroll Blvd*
and Sherman Dr.
Surrounding Land Use and Zoning:
North Multi-family-1 zoning on undeveloped land;
single-family (SF-lo) with a Specific Use Permit
for a day care center, which operates in an
existing church.
South - General Retail toning occupied by a retail center.
• Carroll Blvd. and general retail zoning and land
Last
use; multi-family-1 toning on vacant land.
Nest Planned Uevelopment No. 95 (undeveloped) allowing
io: a retirement/nursing complex.
See attachment 20 Zoning Map.
i
r •1.
i
1~
r
~i
7 f
(Case Z-90-005) i
Page 2
A Ord",. .
r _
GENERAL INFORMATION (Continued)
Denton Development Plan:
Low intensity area. Study area No. 23 (see Attachment 5),
Tne study area has 851 of its intensity trips allocated
a,ased,on the standard of bu trips per acre. There are 1,581
intensity trips that remain unallocated. Institutional
=:c+ usage such as a fairgrounds generates 85 intensity trips per
acre per day. Comwercial/retail development generates 65U
intensity trips per acre per day.
SPECIAL INFORMATION
Transportation:
Tne property fronts on Carroll Blvd., waicn is a primary
major arterial to its intersection with Sherman Drive, and
is a collector street to the nortn of Sherman Drive.
Sherman is a primary arterial street. To the nortn, kiedlee
Street is d collector, and oindsor is a secondary major
arterial.
h the intersection of Sherman Drive and Carroll Blvd. nas been
complained about by motorists, but has had only 5 traffic
accidents in the past 12 months.
M A recent 24-nour traffic count on Carroll at Rose was
3,660. Tae two lane section of Carroll, nortn of Sherman,
has a capacity of about 5,000 average daily trips (ADT).
Significant development of the subject 21 acre tract could
trigger the need for improvement of Carroll to its ultimate
planned deli n as a four lane collector or to secondary 1
arterial design of four lanes, divided.
If the entire tract were developed for retail and/or
commercial purposes, Carroll Blvd. to the northern limits of
the 21 acre tract should nave four lanes, be divided, and
have turn lanes. A curb cut no further south than the
middle of the subject tract could be made and the existing
southerly curb cut should be eliminated. A linkage between
the shopping center and the subject tract at the tract's
western border would be helpful.
2
r
i
1
Awl
j
y
C
(Case L-9U-UUS1
Page 3
SPECIAL IKFORMATION (Continued)
Utilities:
There is a sanitary sewer line in Carroll Blvd., fronting
a' the site. This lice is sited at 12-inches from south of the
site to Carroll's intersection with Sherman urive. At
Sherman urive, the line reduces to 10-inches and continues
north past Strata Drive. A lU-iucn brancn veers off to the
west for approxtuately 1200 feet, ending in the area of
multi-family toning.
A 6-inch water line exists iu Carroll Blvd. abutting the
site and another 6-inch water line runs tenind the retail
deveiopment, adjacent to the south boundary of the
f'airgrounds' An 8-inch water line exists to the west of the
site.
Tae single-phase electric service is sufficient to serve the
existing facility, but i3ay have to be upgraded depending on
the uemands of proposed development. It is possible tnat
the existing single-phase service can handle retail
development, but any relocation or reworking of the service
will be a developer expense,
Drainage:
Only a small portion of the fairgrounds is in the floodplain
according to F,E.ai.A. maps. This is on the southwest corner
C of the tract, and is associated with an intermittent branch
of Pecan Creek in Planned Development 95, to tae west.
The site is relatively flat. Tne Fair Association has cha compwhilainechdnowaboucotnva acrosslitsipropertytfrom thee_rs
north.
Significant development of property to the north, or on the
subject tract could create the need for significant drainage
drainage iiiiprovements
systems a south ando downstream of thersutbjectxtractg
d
are inadequate to handle drainage from a
developed subject tract. staff ties of a detention pond at the southwest corner of the tract as
a cost effective solution to meeting future drainage needs.
3 i
Y l
"WWI
I c
1.
("se Z-90-005)
Page 4
t„,,, NIST4RY
The Fair moved to the site, using a previous name, in 1948.
When zoning was first instituted in Denton in 1969, the
Fairgrounds was toned Sr'-10. The Norta Texas State Fair nas
continued as a legal nonconforming use ever since. Prior to
leing zoned, the land was owned by Mr. W. C. Kimbrough, who, via
private instrument, deeded the site to be used as a fairgrounds,
fhe single-family zoning situation came to light last year wnen
the Fair Association was cited for erecting a stgn--a sign which
is illegal in single-fadily zoning. Sign violation citations
were issued in Nr 989 and feuar9. Attachment 4.
discussions withothebfairiAssociationrbeganlInOAprila199U. sSeef
the flair Association is seexing a zoning change which would
legalize their sign, allow expansions if affordable, and provide
a good price in the event that the land was to sell.
Planninq and Zoning discussed the fairground's signage
alternatives on May 8, 199u. Planning and Zoning directed staff
to initiate a zoning-case on the subject tract. The Fair
Association has strongly resisted Planned Development zoning,
even if staff prepared the plans for the Association.
Two neighborhood meetings were neld, on June 4 and July 16,
1990. At the meetings, concerns about parking, noise, indecent
exposure, trespass, and urination on private property were
noted. At both meetings, the neighbors voiced support for
comwercial zoning and allowing tne•Fair to improve its site. At,
the meeting of July 16, 1990, six zoning alternatives were
I discussed. 42 people attended the July 16 meeting.
18 neighbors voted on the six zoning alternatives. All 18 votes
were for "C" commercial rezoning.
ANALYSIS
I
Major input into the staff recommendation was provided by the
po icies of the Denton Development Plan, the North 'texas State
fair Association, and the property owners and residents adjacent
to the site.
the Denton Development Plan provides a oiicy framewOrK for toe
+ orderly development of Denton through tae year 20IU. The Plan
points out that the existing residential neighborhood
immediately east of the fairgrounds, delineated by Carroll
- 4 ~
i
w E
► (Case Z-90-005)
Page 5~
r ANALYSIS
r
8►vd „ has been uesignated as a neignborhood preservation area.
This means special consideration should be given to its
protection and preservation. While the Fairgrounds Is not in
the neighborhood, it abuts it. The preservation area boundary
is Carroll Boulevard. Tne zoning immediately east of the
preservationtarea. SoCtheosite'sleventual development,willthe
impact the neignLornood.
Tae intensity of the area will be affected by any rezoning other
tnan single family or low intensity PD. A zoning category that
allows as wuch as 650 intensity-trips per acre will exceed the
number of intensity-trips allocated to the entire study area.
The current use has a disproportionate snare of 85 trips per
acre. other uses (according to A . 8, Art. 7-attacae~l) will
demand a higher intensity. If a figure of 650 intensity trips
is used for the site, the study area will be overallocated by
6,284 intensity trips.
The policy as stated by the Plan, of separating snopping areas
from existing moderate centers, Ly 1/2 mile, would be violated.
However, at meetings of the neighbornood, neld July 16 and
June d, the rueigubors voted overwhelmingly to pursue zoning that
would allow winor expansion and improvement of the fairgrounds,
regardless of the increased intensity. This, tney felt, would
permit the Fairgrounds to be a good neignbor, and might
alleviate some of the complaints. A more intense land use at
the subject site may marginally increase traffic on Carroll,
north of the subject tract.
ANALYSIS BY ISSUE
1. Issue Signage
a. The existing, now covered, pole sign which was designed to
point to the Fair Hall and provide for additional
changeable copy.
Discussion: the sign violations %ave been abated and the
City's enforcement activity nas been witndrawn,
The fairgrounds are zoned SF1O. A sign of tnis size way
not be permitted in an SF1u district.
Tne Planning and Zoning Commission discussed several
alternative sign amendments on May 9, 1990, and seemed to
prefer rezoning rather tr.on amendment to the sign
ordinance. See Attachment S.
5
' i
f
(Case 1-90-005)
Page 6
ANALYSIS BY ISSUE (Continued)
L. Temporary Signs. The fairgrounds are used ;many times
uuring the year by different groups who often use banners,
pennants, etc. as temporary signage. Stake signs no
larger tnan 32 squara feet can be used all year without
permitting.
Banners, pennants, or other similar advertising (calleu
wind devices in the sign ordinance) that might be placed
on the fence or elsewhere are regulated and limited to use
for no more than three times a year for a maximum period
of 3U days per permit.
ALTERNATIVES for year round use of wind devices:
1) lone planned devel,)pment and add to the detail plans
standards.
2) Amend the sign ordinance to exempt fairgrounds from
the 3 times - 30 day/permit rule,
3) A,aend the sign ordinance to exempt any hon-profit
event from wind device permit requirements.
PLANNING STAFF RECOriMENVATION: Alternative 2.
c. Inflatable uevices. The fairgrounds often nave balloons
and Inflatable signs, and even on occasion have had hot
air balloons with signs on them stationed at the fair.
All inflatable device sighs are banned.
` ALTERNATIVES for al),a!ng inflatable devices:
1) Not air ballo ra with signs on them that fly in and
out of a location are not regulated as signs. A hot
air balloon with a sign on it stationed on a site and
otnridden for several days could be considered a
n
si.
2) Amend the sign ordinance to allow inflatable devices I
no taller than the tallest building on the premises,
but in no case taller than 30 feet and not suspended
more tnan lU feet above the ground. Usfine these
inflatable devices as wind devices. I
3) Exempt the fairgrounds from all
Provisions of the
inflatable device standards.
6
i
i
i
l
,
(Case Z-94-445)
Page 7"
F
ANALYSIS HY ISSUE (Continued)
r
PLANNING STAtf RECOriMtNDS: Use 1) as an interpretation
and Alternative 1.
Issue - Rezoning. The Fair Association is interested in
relocation toeanotherusitexfinanced bydtherSalogofethesalo and
existing site.
a. PLANNED uEVELOPMENT (PD)
Discussion: At the first neighbornood meeting, neighbors
expressed concern about further multi-family zoning in the
area. 'f he site is bezowest$ ning ordrepartly tirement the
villa, and east by multi-family
village planned development zoning. Elie majority of the
commercial zoning~uly 16 meetings
favored neigpresent ulbors at the June 4
The fair association has been advised that planned
development zoning is too inflexible and difficult to
marKet. Given the requirements for detailed site plans
for buildings which inall lPlannedoDevelopaeatbzoning is
constructed for many years,
seen by the Fair Association as not marketable.
Planned Development zoning could deal with all the sign,
control of land use impact, and
l
{ warxetable zoning,
expansion issues. Where future expansilopme on ant
future marKet deu+auds are not Known, p n
is problematic and difficult for the Association.
b. Zone part a retail/commercial zone, and part residential.
Discussion: Single family zoning is perceived as not
salable. The site is now surrounded by other use, or
y zoning, or SUPS. The neighbors expressed concern for more
` multi-family zoning. ReW jntlal zoning could about with
1 violations of intensity policy of the Menton Development
Plan, given the site is in a low intensity area.
Separation of retail uses by at least one nalf mile policy
would be violated. Multifamily separation policy could
also be violated.
c. Zone "C", Cowmercial
Discussion: Tne-fair Association's and (to date)
The most marketable
neighbor+►ood preferred solution.
zoning district. -Fairgrounds are authorized as a
7
i
I
f
I
~'iFN 1
(Case Z-90-005)
Page 7
ANALYSIS BY ISSUE (Continued)
PLANNING STA H RECOMMENDS: Use 1) as an interpretation
and Alternative 2.
2. Issue - Rezoning. The fair Association is interested in
financed long and
another future site expansion
rezoning for relocatiion to easy
existing site.
a, PLANNED DEVELOPMENT (PD)
Discussion: At the first neighbornood weeting, neighbors
expressed concern about further multi-family zoning in the
area. 'fihe site is bounded on the west, and partly on tuv
north, and east by multifamily zoning or retirement
village planned development zoning. Me majority of the
neigubors present at the June 4 and July 16 meetings
favored "straight" commercial zoning.
The fair association has been advised that planned
development zoning is too inflexible and difficult to
market. Given the requirements for detailed site plans
for buildings which in all likelihood will not be
constructed for many years, Planned Development zoning is
seen by the Fair Association as not marketable.
s
Planned Development zoning could deal with all the sign,
marketable zoning, control of land use impact, and
expansion issues. Where future fairground expansion and
future market demands are not Known, planned development
is problematic and difficult for the Association.
b. Zone part a retail/commercial zone, and part residential.
y; Discussion: Single family zoning is perceived as not
salable. The site is now surrounded by other use, or
zoning, or SUPS. The neighbors expressed concern for more
multi family zoning. Residential zoning could about with
violations of intensity policy of the Denton uevelopment
Pian, given the site is in a low intensity arev.
policy
violated. Muuses by at lti-family least separation a policy e could
Sepa would abe tion of
also be violated.
c. Zone "C", Commercial
Discussion: Tne-fair Association's and (to date)
net hbornuod preferred solution. The most marketable
ton ng d"strict. -Fairgrounds are autnortzed as a
7
i
i•
(Case Z-9u-005) `
Page 8
ANALYSIS SY ISSUE (Continued)
permitted use in "C". Building permitting could Le
completed in less than a week with "C". Approval by the
Board of Adjustment could add 30 days to the process of
winor improvement, if the tract is in any other more
restrictive district tnan "C". "C" zoning would violate
intensity trip and separation policies. It carries witn
it autnorization for a aumter of uses which may be
offensive or incompatible with existing and zoned
neighboring land. Soave of these uses are listed in
Attachment 7. Control of further negative external
impacts associated with expansion of tae fairgrounds would
be liwited.
i
Tne property is unplatted,laIf significant developmdent or
expansion were proposed, tin Infrastructure impacts could be addressed during
platting. Those impacts would be considerable on streets
and drainage. Carrolt Boulevard could be built to have
the capacity to handle non - residential traffic to the
site. Drainage systems could be designed to handle new
runoff generated by new development. Tne site developer
would be responsible for improving the infrastructure to
nandle a proposed new development. Infrastructure impacts
could be addressed during platting. Other land use
impacts would be more difficult to address directly with
platting.
d. Zone all "GR", General Retail.
uiscussion: The property is tounde on two sidesebyare
zoning. See Attachment 2. Ali typical
allowed in GR. University Drive is zoned mostly GR.
Intensity and separation policy will be violated.
Fairgrounds are allowed in GK, but require a Specific Use
Permit (SUP), or uetaiied site plan to be approved. The
SUP process and plan detail requirements for an SUP are
very similar to those of the process and plan detail of
"PU's". witnout the SUP, the fairground's uses would
i continue to be "non-conforming" in a GR zoning district.
j The pole sign could be permitted.
e. Zone all "NS", Neighborhood Service.
uiscussion: Allows most retail uses, but retail shops or
require i SUP'st.ne Licenseds,
and O restaurants feet in
stores cafeterias over
8
i
Nxaa
~ ter.
(Case Z-90-u05)
Page 9
z
Y
ANALYSIS BY ISSUE (Continued)
Tole sign could be permitted in tne NS district.
I
ine NS zoning could be perceived as an appropriate
transitional zoning district between the GR on University
Drive and milti-family, retirement village PU, and
specific use permits on the west and north. The
underlaying zoning of the two SUP's, one for a retirement
home, the otner for a day care center (at the churcn), is
SF10.
Intensity and separation policy would be violated.
f. Zone to AF-l or AF-x.
Neighborhood opposition. Intensity trip,concentrationtand
separation polices of the Plan would be violated.
g. Maintain the existing SF10 zoning.
Status quo. The tract is now surrounded by zoning or
SUP's of other t„an single family zoning. Difficult
marketing and land value issues are real.
3. Issue - dxpansion.
7he fair Association has no detailed plans at this time,
making PD or SUP site planning difficult for tnem. They may .
prefer to avoid the time and expense of site planning
associated with an Su.' or PD.
Very minor development of, say, bathrooms and some storage
facilities could be approved by tne o l without platting. Other conditions could be imposed by the
Board, whetner there is ais expansion, or not, if the
4 fairgrounds remains a non-conforming use. There are adverse
externalities or secondary impacts from the fairgrounds, when
big events are neld there.
uevelopoent could entail the requirement for platting.
Infrastructure requirements such as street and sidewalk
construction and provisions of new drainage could be imposed
to meet We needs of the proposed or existing development.
Once rplatted degreecof, it would not be
future
development.
9
r
1 `'I ~ ~ r~•rr. ~t
(Case Z-9U-00S)
Page 10
r RECOMMENDATIONS
a. Zone all GR.
b. Permit the 1316" sign, if all standards are met.
c. Change the sign ordinance to exempt the fairgrounds from
the 3/year wind devise rule.
d. Change the sign ordinance to allow snort inflatable
devices iu all non-residential districts.
tno fair in
c" and for tnabove, in Texas
e. Issue August wind device
include permits
Augu
comprenensive sign ordinance process which is underway.
f. All expansion plans would be approved or not by the Board
of Adjustment.
g. Limit expansion so that no additional infrastructure
requirements would be necessitated, and avoid platting.
KATIONALE
1. The neighbors have expressed no concern about and are in
favor of commercial type zoning.
2. "C" carries with it, in staff's opinion two problems, as
follows:
a. Some uses permitted in "C" are incompatible with the
site's surrounding area.
b. Expansion should be closely monitored in order to
avoid further negative external impacts "6y,right"
y'. "C" zoning limits the City's participation in
mitigating potential adverse land use 'impacts.
3. No one at the neightornood meetings voiced a concern about
j the pole sign, which could be permitted in GK.
4. wind devices can be permitted for the fair in August.
10
I
1
1 Hit
CITY
ELIET
COUNCIL
- - - - - - - - - -
I F
s
I ~ s
JJ 4
1
i
I
pNYT
~WQ
11'
XXT:
CITY
C11COUNCIL
~K
F
+t'
i Ot
~or at
~a a
A
of ~
a a
e a~
X10 GG
3d,
ror"r, DATE: 09/04/99
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: DOWNTOWN ALCOHOL SALE EXEMPTION
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at its
July 25, 1990 meeting, 5-0.
SUMMARY:
Generally within an area bounded on the exterior by lots fronting
Austin, Walnut, Cedar and Pecan Streets (see the special Exemption
map), new businesses serving alcoholic beverages would be excepted
from the separation standards for schools, churches, and residences
if the business and the church, school or residence are within the
Special Exemption Area.
BACKGROUND:
See History in the staff report.
PROGRAMS DEPARTMENTS OR GROUPS PFFECTED:
k Main Street Program, restaurants in the Special Exemption Area.
1 FISCAL IMPACT-
Ire , None
Re tfull su tedi
Yf
N
L d V. Harrell
i. Pr aced City Manager
Prank H. Robbins, AICP i
Executive Director
Planning and Development
{4
Attachments: Staff Report
I ordinance
Special Exemption Map
minutes
2377x
1
1!
.
.k,
ii
STAFF REPORT
To: Mayors and Members of the City Council
Meeting Date: 09/04190
GENERAL INFORMATION
City of Denton, for downtown merchants
Applicant: Requested Action: Eliminate a certain area in the Central
Business (CB) zoning district from
regulations requiring a distance separation
between churches and residences and places
Planning and
th&t e and wine. a
ngas the Courthouse
is fknown
Location and Size: The area downtown
plus the adjacent
Square,
streets: Austin, Walnut, Cedar and Pecan.
Denton Development Plan:
Urban Center. Study Area No. Sl _
SPECIAL INFORMATION
jt
I Transportation:
r No change in traffic patterns or traffic load is anticipated.
Utilities,
No marked change in utility demand Is anticipated. i
t
Drainage:
No ci1ange in drainage patterns or requirements is
anticipated.
j
{
i
l
FF
Page Two
HISTORY
Under current regulations, an establishment that sells alcoholic
beverages must be separated by at least 300 feet from a church
or "place of worship" Also, a residence must be at least loo
feet from an establishment selling alcoholic beverages.
The downtown merchants have noted that these regulations could
affect growth downtown by either expansion of present businesses
or construction of new business or residential units.
ANALYSIS
The downtown merchants and the city staff agree that the
proposed ordinance will be beneficial to future growth of the
area.
RECOMMENDATION
The Planning and Zoning Commission recommended approval of the
r proposal at its July ZS, 1990 meeting.
ALTERNATIVES
s 1. Approve petition
2. Deny petition
ATTACHMENTS
1. Site Map
2. Zoning Ordinance
3, Minutes of Planning and Zoning Commission Meeting of
July 259 1990.
2320x %4
' j
~ r
y, €
j
i
I
I
ATTACHMENT 1
SPECIAL EXEIMPV0?4 U AREA MONTH
I -
f
M I :e
N s
I • 1
f ~ ~ 9
~ R I M Ir
II, q + • 11 q I r
M I q •
• i
71
• f fl ± . / f 1
y talc I u r 1
as ..r. ~ ~ " ~ 18
236 v M
~ O
1• 14
! W J is
•
~ s I
0- m
i -r
1 r r
w ON T
e
-f]T[-T Q_;
2 5
w rli ® le', • w •
I
say
A 'J~
1
i ' 200' DAYS 7, 20.90
1
r j
S
ATTACHMENT 2
r
ORDINANCE NO.
AN ORDINANCE OF THE CITY 01' DENTON, TEXAS, DESIGNATING A SPECIAL
EXEMPTION AREA IN THE CENT,(AL BUSINESS DISTRICT; AMENDING THE
PROVISIONS OF APPENDIX B - ZONING OF THE CODE OF ORDINANCES TO
EXEMPT BUSINESSES SERVING ALCOHOLIC BEVERAGES IN THE SPECIAL
EXEMPTION AREA FROM THE REQUIREMENT FOR SPACING FROM HOSPITALS,
SCHOOLS, CHURCHES, AND RESIDENTIAL DWELLINGS LOCATED IN THE SPECIAL
EXCEPTION AREA; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$20000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, revitalization of the central business district is an
important community goal; and
WHEREAS, the zoning ordinance now prohibits the serving of
alcoholic beverages in any business located within 300 feet of a
church, school, or hospital, and within 100 feet of a residence
and
WHEREAS, the City recognizes that the Courthouse on the Square
business area is appropriate for restaurant and entertainment
uses, including the serving of alcoholic beverages; and
WHEREAS, the council wishes to designate a portion of the land
within the district as a "Special Exemption Area" to allow busi-
nesses located in the Exemption Area to serve alcoholic beverages
free of the spacing requirements of the zoning ordinance; NOW,
THEREFORE,
} THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
g$CTION 1. That for the purpose of this ordinance, the City
j Council designates the land located within the central Business
` zoning district, as described in Exhibit A, attached to this ordi-
nance and incorporated herein by reference, as a Special Exemption
Area.
SECS ii, That article 12 A (49)0 (a), subparagraphs 4 and
5 of Appendix B -Zoning of the code of Ordinances are amended to
read as follows:
4. The sale of any vinous and malt liquors or beer by any
dealer where the place of business is within three hundred
(300) feet of any hospital, public school, or church is pro-
hibited. The separation requirement of this subparagraph
shall not apply to the University of North Texas, Texas
Woman's University, or between a deal*-'% place of business
and a hospital, public school, or chu+rc f both are located
within the Special Exemption Area.
nV j
i
i 4
h
5. The sale of any vinous and malt liquors or beer by any
dealer where the place of business is within one hundred (100)
feet of any residential dwelling district is prohibited,
unless the dealer's place of business and the residential
dwelling are both located within the Special Exemption Area.
For the purpose of this condition, "residential dwelling unit"
shall mean any single-family, two-family or multifamily
dwelling. The measurement of the distance shall be along the
property lines of the street fronts and from front door to
front door, and in direct line across intersections.
SECTION III. That the fir qt two sentences f article 12 A
(49) (b) of Appendb i B* - Zoriir* of the Code'rof' Ordinances nre
amended to read as follows:
(b) Sale of beer and/or wine in restaurants. The sa4 o for
consumption on the premises where sold, of vinous :.nd malt
liquors or beer, containing not more than fourteen (14) per
cent of alcohol by volume, is authorized' in any restaurant
which is not located within three hundred (300) feet of any
hospital, public school, or church, but the prohibition shall
not apply to the University of North Texas, Texas Woman's
University, or between a dealer's place of business and a
hospital, public school, or church, if both are located within
the Special Exemption Area. The sale of any vinous and malt
liquors or beer by any restaurant, where the place of business
is within one hundred (100) feet of any residential dwelling
district is prohibited, unless the dealer's place of business
and the residential dwelling are both located within the
Special Exemption Area.
SECTION IV. That article 12 A (50), (a), subparagraphs 4 and
5 of Appendix B - Zoning of the Code of Ordinances are amended to
j read as follows:
4. A licensed private club may not operate within three
hundred (300) feet of any hospital, public school, or church.
The separation requirement of this subparagraph shall not
apply to the University of North Texas, Texas Woman's
University, or between a dealer's place of business and a
hospital, public school, or church, if both are located within
the Special Exemption Area.
5. A licensed private club may not operate within one hundred
(100) feet of any residential dwelling district, unless the
dealer's place of business and the residential dwelling are
both located within the Special Exemption Area. For the
purpose of this condition, "residential dwelling unit" shall
mean any single-family, two-family or multifamily dwelling.
The measurement of the distance shall be along the property
lines of the street fronts and from front door to front door,
PAGE 2
2-2
/ - F
tom,.,
and in direct line across intersections.
sECTiQH y. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. 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 compe-
tent jurisdiction, such holding shall not affect the validity of
the remaining portions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
snch invalidity.
SECTION VII. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chroniole, the official newsrr
paper of the City of Denton, Texas, within ten (10) days of th*
date of its passage.
PASSED AND APPROVED this the day of , 1990.
BOB CASTLEBERRY, MAYOR
ATTESTS
' imir'ER WALTERS, CITY SECRETARY
i
SYS
APPROVED AS 1'0 L&GAL FORMS
DEBRA A. DRAYOVITCHt CITY ATTORNEY
BY I $90048 /15/99
PAGE 3
k. 2-3
I~
s'
z
t
2966L
r-
i
EXHIBIT 'A'
CENTRAL BUSINESS DISTRICT:
SPECIAL EXEMPTION AREA
Beginning at the southeast corner of Lot 91 Block 117 as shown on
the base maps of the City of Denton, in the Wm. Neill Survey,
Abstract 971;
e Thence north with the east lines of Lots 9 3 10 to a point in the
south line of Lots 11 a 12;
Thence east to the most southern southeast corner of Lots 11 6 12;
•Thenco north with the most easterly east line of Lots 11 i 12 to
the most southerly northeast corner of Lots 11 i 121
Thence west with the most southerly north line of Lots 11 a 12 to
a to-entrant corner of Lots 11 & 12;
Thence north to the northeast corner of Lots 11 i 12 for a corner;
Then west with the north lot line of Lots 11 i 12 to the north-
west corner of Lots 11 i 12 and continuing westerly across the
right-of-way of Austin Avenue to the southeast corner of Lot 1,
Block 103 as shown on the base maps of Denton;
Thence north with the Past line of Block 103 to the northeast
' corner of Block 103;
Thence west with the north line of Block 103 to the northwest
corner of Block 1031
Thence in a southwesterly direction across the right-of-way of
North Locust Street to a point at the northeast corner of Lot 61
Block 402 of the base maps of Denton;
Thence west with the north lot line of Lot 6 to a point in the
east lot line of Lot 7 for a cornert
Thence north with the east line of Lot 7 to the northeast corner
of Lot 71
Thence west with the north lot line of Lot 7 to a point in the
east lot line of Lots 9, 10 i 11 for a corner;
Thence north with the lot line of Lots 9, 10 a 11 to the north-
east corner of said lots for a corners
Then west from the northeast corner of Lots 9, 10 i 11 along the
north lot lines of Lots 9, 10 4 11 also being the south right-of-
way of East McKinney Street to the northwest corner of Lots 9, 10
2-4 1
II
i
s
S r
EXHIBIT (Con't)
p 11, and continuing west with the south right- ofStreetf mast
McKinney Street across the right-of-way Of Elm
westerly direction to the northeast corner of Lot 4 of Block 428;
Thence south along the east lot line of Lot 4, Block 428 to the
southeast corner of Lot 41
i
Thence to a point being the southeast corner of tot 1.
Thence south to the northeast corner of Lot 5 also being the
corner of the alley easement?
the north lot line of Lot 5 to the northeast
Thence west along
corner of Lot 110 Block 428.
Thence south along the west lot line of Lot ll to the northwest
corner of Lot 81 Block 428.
a Coof Lots 8 i 7 to the northwest
Thence east along Blothe north ck 428 f lines
corner Lot 6#
Thence south with the west lot line of Lot 6 to the southwest Wes career of as oat tithe and northwest gcorthe nerr ofh Lot-of-
11 Y Block 3261Oak
Street to a point
Lot 11 to its southwest
Thence south with the west lot Lot 121
cornet and the north of
Thence west to the northwest corner of Lot 12;
a
Thence south with the west lot line of Lot 12 to the southwest
corner of Lot 121
thence east with the north lot lines of Lot 15 to the northeast
corner of Lot 13; 14 to the
thence south with the west lot lie right- f s 13 West Hickory
southwest of Lot 14 and crossing ay of
to the northwest corner of Lot 17, Block 3251
Thence south with the west line of said Lot 17 to its southwest
corner;
Thence west with the north line of Lot 18 to its northwest corner?
Thence south with the west line of Lot 16 to its southwest corner;
Then east to point in the Leig181of way of Cedar Street also
being the southeast PAGE 2
. 2-5
i
a
hF
h
i
i
l i
f Y
EXHIBIT 'A' (COa't)
crtostheesoright-of-w3y of uthwest corner of Lot 1 of Blocka303ttheaate[ly
direction s
Thence outheast Bcorner ofeLotrle Block 303walso being in the west righte
of-way of South Elm street;
~r Then, across the right-of-way of South Elm Street to the southwest
corner of Lot 3, Block 2021
Thence east with the the sosame uth lines line of the north right-of-WaY OOf
223r and 225, Street
Mulberry street, and crossing the riin Df ght-of-ways 11 Locust k 22
and Austin Smostt southeasterlyas cornereCof! tLot he 1 aforsmentio •d
being the
district!
Thence, north with t Lot of line of Lot 10, Block 225 to the
northeast Corner oY said 101
Thence west to the southeast corner of Lot 11, Block 225
Thence north with the east th $outheattocornertpf.Lotn2,tBlock
corner of Lot 11 also hsfng „ Of .
225! , being Thence west with the h Lot north 2 ) line of Lot 11
the southwest t corners of Lot t2e
south lot line
Block 225 for a corners
o!-way the the northwest
corner north with the w in s thlot line e south of Lot 2 to
cor East
neer of Lot 21
Hickory Street=
Thence across the right-of-way of East Hickory in a northeast
direction to the southeast corner of Lot 13, Block 1181
Thence, nortwith4thfor e a east lot dine of said Lot 13 to the south
lot line of ho
Thence, east to the S.E. corner of the Lot 141
1.2, 1.1 and Lot
I Thence to the northeast t corner t of lot Lot l1.
of Lots 14, the ri directionoto t e pointg of obeginning atttheksoutheast scorner rof
Thence
Lot 9, Block 1170 bass maps of the City of Denton, Texas,
PAGE 3
2-6
~ 1
F ~
I
' J1Si1P1p i
s
.L~' [fgll+ll
F
t
K
e
P11
t ♦o...,r uly M1nuf@
l go0
75,
P'y' 1 ATTACHMENT 3
sent
Mr. OIaTTe oeK go": o '.commend aODr oral ci:rId0r'IoP
0 ha IInq ex14M tfor PI+nn+a 0or'lOFRenf t eea 117.
f0eond•4 OT Mr. [0.lb"aeel and unanSs0ra1Y rrl'1 t7-01,
1.90-004 Xeid a publI, Roar I m9 and canal der 4
r0conmand•flom id the GI t 1 Co un"li 40nt•r nln9 + p'flbY
plann' a O e v a l Opts n t D l Tfr let 116 by
KMB, Inc. to .%old balnq sc Red r l' by Ile' *Mrs.
extend 119 Ina der a 1opnent P
TrOnfY'nin• nor' toa v•rs nalied +o 141a ant PrDp4rfY ovnan I
0 r44 In epDOSlt Son.
were "'"elver In far or, 1 was race i
STAFF REPORT' Mr. Paraod reported that Soar MNft the
STAFF REPORT'nt'tlre of KM 1, Inc,. h4/ regu•etad an
smoodmont 10 P1 bneod D:11tlponiaingDs"u du1 •I another 1644 Y
•xtendIR0 the d•r+i op• meA
year e, Or4lnante IS . i 55 a Hp11sh44 tee aaraleP
n•nt pna{inI sehddulo for PO.136, iRo
e t•Ad;,d1 old dor•lep eovs 411 dates 11re Ye ofa
proposed 1140 Year aYfenston rill
cur lh0r Into the }rf ur•. ealtt0n
Ma. Bretk 60,44 that the reply Sorg rocelVSO Sn TOP
to the Stand me nt s000a to disapprove of tweeif le+fl y.
Oe4'IODgont rrfhFr Sean D1 IR' am414a nt .p
1
Mr. Po ►•rsaud said tf$f 1e trot bwt , was r•Axe sstn In 14htn
r a n c e to netlflcafl*A of fF• amendn0lf , If to
1 ,0 e • b o IN I n opPaa lfi0n /d !h• dove I oplont and Ran+e ell
ndaaf, X• aatd that no ela r•Cef yel a telephone 01
ene n
i with the fee '^'F~e enanYn}aR gal no, con.fruetlone}sfn+ bra+d
with fR rays
i
' If 601 pos. Iola at in is tIts.
11.413 fornamass, Stated that Tno sit a tl en to
j P1T10Nt
ET f tn•
li fn• some for this u } , rosiest, nqt Fn •vTe M1{IDanO}I
not good. fR+ratorD lnaY era
dorelepstnt seneduld.
NO ant as present to .p•ah for or a4+tna the Pdf111en.
porS
FptC0OVlalqv[eNlDo It lha Fxt•nslen+ud stated that tta Y1 rFaOSOe ads
chairperson Broth elated the go blIt h I I r l n g.
deeondEd by Mr.
Mr. 016
a tech, fe roe aegdn4
1 Ot01510x1 It rn aerad by a a FD
•116. .I
6th o d 4Y la for
1FF! [ngellrae af, +nl on anlso'siT *~nfd
.'I eppr ova l f the as amass a ra 109 end 10 it
Fa*", to Apo
xb1d a Pr►Iit harln9 +•4 eeR{t oar n Tee;a certain Sees
III. tonln , GeU e1 OrdI04nt44, 0K•eptltq
B, I
•If h I a the Centro, BoslTe4p6.pr*ml sot sit dholle. b4vIra* I orsgf no
ra9ul01 one portal 1,
tonaee s'P+rat16M fees ehurchda ems ra IleacFs.
Jane III Of a toted that one 1s representing 4tert and the
I
I 1here r•O4fe64046+1019
nd C►nfrFl BoSlfileF DIalrlef
Oaanfean BYatnaTF K0Oer• 'rho tea tenfolno Ina
1
1 a,f area
sliming+Ing caroaydeulragents l of file egofi.
frog the a0{
Or of
5susr4 proper and 1ha}r {frs4ts end Yto1 eb r dfl dacee belag
Tnls rsAuaf rotalta o■ churehas aa n
a n evertnflr r+1t lYrant4 made
Ioca+ad on 1R• 1496rob • An of f art IS being
4h41 E9uers that Tell rief Ind rind. ht ebterfalooo nt
40 raer wlf gore a that 1 day and mtl
dletrlet e+M1 be tat ab l lsh ad. K lot e1 mend' one time nos
ean lnrasfed In th a e efforts
b .
I~
r a,
Itnd{
reY $era of the Devne arY
M r st
. Ka4ean aud
16COn6161est.
1
T~
i
7 ~
WWI
i 0{Z Minot es
i lulf 35. 1990 xf 1..
Fags
I`
I all,, replied That another member 60 the DOWNIGNA
e
M
fton 4111 evploln the e Ornposed boundaries.
f # f.....w are lopmant Associa
C
IM FAVORS Oarld 6110, stated That h• is a local attorney
representing the central BYalness Clarrlct Association which
Is eomprl sed of esrehan+s and 090019 that work downtown. Me
Conplementsd Mr. Morris for foresaelnq the potontlol
conf I let wife The rogulet10Aa and dare 1opuent of the
s4uors. A church b•Ieg located IA the old pine Arta Cantor
Is ins CstiOi f that could begin to eases problems. (Sforts
are WAG node ro develop r•old{n+,~a rul•se asecond floor at
businesses downtown as well.
the apartments Cannel be rented and moo ras#auroots felting
beer and *too 4111 net be able to locate oA the square. The
proposed bI eximp
T IN et pr a 0aaa do b o u n d a r l e es a Iy t IS ap d l 6 t r l c to t o be
to I
x
eappted
are lOr Imes of lows that lee• the esek aS1a of
the square. The 1eAont twas to he front) doors Ofl the 0• a t all l l shmo At
late. but to 00 u+he of , S Thus lots cushion the heart
must foes towards the 4 uera.
of 6ownfown and d the Iln•f nee to 0a drawn /0~Y?mf;'n;r Tnie
plan does No+ address oltobellC bar arassa,
economic development. It Is Indlcatlre of forward +blhklnq
and attempts to promote
lopdd Uontu Of lkh sa0arstlon0 policy'
- this dl district. 0e '
'0665 +0 be eliminated.
Ms. Brack asked If the amendment would lACdrperata rho ASP
&having the bouadarlel.
Mr. Robb l no is Id +ha+ the amend4o"+ can be dens esing the ,
Rep or by 1.011 dasewlO+IOafllI no+I►a .cep+eeaeyl5
.1 with +he map as back-up The map v
ordlAa n eh but 0111 bh a rtssslflat Ion of the Iall t
deserip+leA.
StaOhanY Compton, stated that she is the proof dent of the
Ca. ft Business Dlstrlat old Cownt6wn Marchaats
reef bfab+smish+ they
Association. She sold thef net drawing the
triad t0 ItoAtlfy property t
affected. A bus%M1esl may doe ids that to Order to stay
afloat they will have +0 sell bar and wine. she to In
favor of the exemption. Moro bwstnes.as are baglRnleq to
locate in the Central Besl06ss 01strothers 100.6+04 10 1 IN he 4
InaN h4relc+oafnheeell~ 1fhe,0ou10 IIkettonkespttkaaefgtef
the best noa06a In the downtown area-
No . tlroek asked If there era P000111 living Is fhedRl tleeg
spagtu nts dosa+ere.
Me. Compton acrd fee.
9
Mr. Bllrs elarlfisd that the ordleaees to gjos11l*A ad4re15a6
+he sale at all alcoholic leverages, not d I1
Ma. Slits stated tkot stilt has ill esethh/ the prop esol 154
recommends approval of the exemption.
Mr. gegelbracht asked It pfopor+y owners verb Ratified by
Rail of the Owelle hearing.
Mr. Rob l A1 esld na
Ch a it par a en Brock ci a f ad + h a pa Is l It h0a r-1 Aq. 5h6 coral to
recommesd approval Of the omemAmat to exespf es area wIWO
fhb Cestrel Bvaleoat SONIA: district from Its 1`10OW1 tsess
part olnlnq to on-premise alcoholic o-ererags 4onSoaptldll
11-01. Baldes es ►f Mr.
►e,eoch e ad o uesnlaousty a carried realdeoel,
ei
3-2
I
I
I
f
j
I
r' ~ t
f
Y
I
ttml
CITY
COUNCIL
t
moo, a,
{ M,
C
4
C
o +
P
74 R~ t d~O
~QQ OG~
r
ij '
t /
r
t
i
DATE: 09/04/90
r
CITY COUNCIL REPORT FORMAT
.63.16
TOt Mayor and Members of the City Council
I
FROM: Lloyd V. Harrell, City Manager
SUBJECT: AMENDING PLANNED DEVELOPMENT DISTRICT PD 126 BY EXTENDING THE
DEVELOPMENT PHASING SCHEDULE FOR ANOTHER FIVE YEARS
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (5-0).
SUMMARY:
j
Susan Mead, legal representative of RMB, Inc., has requested an
amendment to Planned Development District PD126 by extending the
development phasing schedule by another five years. The approved
development phasing schedule and the proposed extension are
summarized on Table I attached. (Attachment fl)
BACKGROUNDt
City Council approved Planned Development District PD126 (Lakeview)
on October 18, 19889 for 867 acres. Ordinance 88-165 established
the development standards and development phasing schedules for
PD126. According to the approved schedule (Table I attached) tracts
32-41 has a construction start date of September 1995, tracts 27-310
June, 19960 tracts 1-11 and 18-23, December, 1997, and tracts 12-17
and 24-26, June, 1999. The proposed five year extension will move
all dates five years later. A map showing Planned Development
District PD 126 (Lakeview) is attached. (Attachment 02)
I PROGRAMS, DEPARTMENTS OR GROUPS _AFFECTED.,
3
j Not applicable.
FISCAL IMPACT:
Not applicable.
Respe ally submit eds R
Prepared bps arr 1
Ci Manager
Harry N. Persaud, AICP ^
I Senior Planner
k Appr
Fr a H. Robbins
Executive Director
Planning and Development
2372%
Fri
ti ^
C G ~ W M N i
C N O++ p ~ ~,fp.
4 : • t0
N i1. N N GYi
W
A
p i
F N Q M v NJ
K R c
D' LT v
c c a c K G 0 1
O1 V 4 w w
F ~
' fit n A M N C
7 y • ~ ~ O
M T
M M
V ~ W T.
W b ► W Z 'L q ~y
b
14 AbIpp rye ~ ~ s
w'
10
10
M i
n
4
f
N IMO rGi ~ ro
o ~
S rL '
4 4 n
Q
C r f
w FN
O N
O O 1
N O
O
i
S SN3WHNILItK I
i
r.
r
ATTACHMENT 2
1 p.l~ IFA
r
..w. 4Y 6W
~ NY yy
rr
S .l".
• ~1
• Yly
1
(ilr I •IM Y6~
I(/ i.l♦. 'l1YIlJ1 MlrlM1. Ijy
m
•1
~ 7T~0
~yY•
S
~r
WriormloomKI
LAM IMM1~
mo
ItIY ors Mr
i ~rYr«Y r. r
I ~~~~wr 1 ~ .I w'Y:
-~.wra.nrM~r
~ CD'a•a ~na~aalr •J \
1 1 Il
LrmJ" gleam pop,
L UC/VMW L
^AvsI /VwIho7► M~Mrr4 A11Y
POW400 r 1R/ 1 MI .911M M~
i a
wliwra~ ra~•rr~~~
al~w• ~r ran •w r wwrr
Ia♦ Yala ♦AY q•I .Mr♦4 MIM AM 'T. fIl\
~ i
S
' :i NIMJ7E6 ra
Planning end 2onlnq Comnlaaton f
1 July 23, 1990 Ila
I
F in. ra5wler meetlnq of the Plannle A9 Aq 5 111 00"400 P'M' ln10 the Commission of the
GItY of Denton, Tmvea, +ea held
> ;henbers 01 the MJnldlpel Sulldinq.
%the
Freeentl Euttne Brock, llm Engelbreeh}, Ivan 01 aaaeoek,
91ker, and YI11l em Kemmen
Ansa At; 1u00 Hatt a n I Fran Mar San
E+etutlvg Dlractor for
Prearnt tram 5 }e1F0 Frank Aabbinl, Ill a 9r IA9 1 Karen
Pi an n 109 and Dove l cementI Dav1 or 0 Seinan, [0"q
Manager; l lc •e0"
F e a h a r 1 , U r a o n P l a n n a , 1 H a r r y P o r s Milift l v d - Strait $On
lost, Vr ben Ptannert Jena Slles. Cec11e Corson,
Mor r l a, Ase l ate At City Attor0"e Yl
f am4nl a r a t i v a A n e l Y e t l a nd Ollrla Carson' Clark - lyplef
A I
Cn el rperson Brock celled the netting 4o order.
C 21, 1990.
I`
the mtrute6 of tAe regular mufinq of JYne
f I, ona t of
t ref roved by Mr, Kdmmen, as ct need by Mr, Enge lbrecht# and
I
I nn l moualY ca re Iad i7-01 to approve the ainufea of the Juee
u a
' 27, 1990 m40l1A9,
Ii. 2-90.003 No 16 0 pub I le hoar 10"9 and 06161 der e
j men d a t l on to the C11Y Count ll toms rnl00 6 letlflon by
recom
dMS, Int. Tt 6menr Piannad aalnopt chadglet byc flre Seers,
extend l no the dove140ment Ph
oile r It S eenara l. none
r
T veI'v0 no tIC as vers malldd feoeftlonot D
YYre race lrad In favor or OPIPSTAFF REP ORiI Mr. peraaud stated that Susan Mud, one 1e9a2
e, c has reeueete0 an uandnent to
STAFF enratlre of RM1, In 9
repres P l an Mad Deval^0116q act ad ula b Y2 anetheraflveYU r6. lee
doveloilman! P wed by the City Ceantll on
di atr I c f 9a or 1 q 1}orlYai a or 9 oacr a IOrdlnanto 66-1661. On
October 16. 1965. roved an ,exceed
August i9, 1904, the City Cog At 11 app -
I' contePt Plen and 1 def11104 plan for tracts nYeber 10, I1,
16, 17, end IS SOrdldanen d9-IOI1, flnea then, the
.l potlt loner has re{uAated an 105 sad 16efo November, II
_ start 4e1ef of er6ets t0, t 4, 16. 1 1, Ii9 tracts 11, 121 and IS to January 1911, tracts 6.1 to
793, and tracts I-9 to July 1999 IOrdSnraee 6401 bs61
rarle n d a fable of the approved achedYles god 1 9
M6l 1
_ Oxford l e na +l th 100 CaAmlf{IOn,
.
Mr, Aroma" asked chat Is 10 be Oa tract 1)
L:
Mr. Per scud acid That It to for publlt latlllflea 6fl If Ia'
6 scl44@4 from the $Chad, l a.
pEi1T10N[Rs 11 as no /ern6ndae, re/ro 11161`1119 A" Realty,
economy ble
of ttoo In oteneat TS us hasexten d o a a r d I td l/0" duel toethe and
AS m a V not be able f0 meat the corrofit
1ncoaamarket 0a411S{11
M
I ac . Robert bass is egfrantly 9
Of the tree .h tch 16 sf 111 Incceplete.
f spank for or old rat the d6re1e11U of
N O o n e + a 6 pre s e n t o
ph a 610"9 adA0 duce axtenalen.
Par a agd {614 that it la eb410ua iha
REch%MENDATI 0 M I Mr. Same Aatrt/lu ble. Occnemy has tau6 e6 6 c0n6;CAtYId@Ad Canton has Aet Set
oltl a are boglnnin9 to P
ba9un. In 111bt of to, s, at off recome6nds opPror-1 of fhe
Gerdepmeof p hAs In1 e+tansloe.
Chair Closed the Puelle hu ring.
I
i
i
~ I
J
I:RR w
f ~ ill,
t
P
PIZ ,.Inurv
Jul l
July 27, 1990
Page 7 r..
i
Mr, ,Ia5, cOCk moved 10 roc ommand approval Of •ha d9 w•I Opaent
vhasI ng a+ta ma l or for Planned Dave I Opts At Ola/r 1 C t VS 7.
C S+:ond ad by Mr, E n 9 o I b r I C h t end am a n I a aw IV Carr tee 1!•01.
t
2.90.001 Hold a pabIIc ha ar I m g end consider a
roc omme Id of l on 10 the CI tv Co a n c II co scar ning a gel It l on by
R4D, Ine. to amend Plginned Dava f 0pae of Dl a t r let 176 by
asfendInq the dI velcam6nt ph Aa l 41 1Chadul0 by flea y•ar1
T wa of y - nI n a nn tIcaa rare nailed fa a d j ac ant pr aver ty awn ar II
0 wars rt ca iveJ 1n fa war, 1 rat ract I red Ia appo a I tl on.
S T APP AEP0RTI Mr. Par a and ra is or tad lh at Sus an Ma p d, fha
I a g a i rep r a to n to tV we of RM B. Inr.. has r a q u e a t ad am
em andoe nt to Plginred Dava t opine of Dl of r let 176 1PD•1261 by
e wtand ing t m a ds va l apmant ImaotAg sc A9 d u I a anot h a r IIra
y e ar a. Or dImanca ae - In! a a t a b l l shed the 9 9 v a l Op me at
st ender da and de we l opmont phe a l no so he du is for PD-116, The
proposed fire year eetanslon 4111 move all dates five years
further Info the future.
Ms. Brock noted that the reply form received In oppoaltlem
fa the amendment sums to disapprove 01 tag whole
da va l opmont rat h a r than of t h a amendment specifically.
Mr. Persaud sold that to true hat It is* received In
or I response to noflflcetlon of the amendment. If can be taken
to be both In Opposition to the devolepmeat and to the
emendnenf, He said that he his received a telephone coil
opposlmp the delay of construction of Lakavlev Blvd., but
with the way +he economy Is going, conttroctlon of the road
Ia not possible at this time.
PE T 11104EPI Ile ana Per A a Ada a, stated thet the a I f uetl en Is t
t h I same for fgl5 Pp 1 1 for the 1 1 1 t one. The a4 a m a AI 16
not 9o ad, fhar a l ore they ere ragva a l t ng ae 6m f a a t l on df It It !
do vslopme of ache du l•. .
No ana was present to spook for or against +he petition.
AECOMMENOATIONI Mr. Perseud stated that staff recom10411411.
approval of the ewtemalon, '
Chairperson Brook clC u d the public hearing.
DEC ISIDNI If tea movad by Mr, Glasscock, secendad by Mr.
Enpelbracht, and unanimously cart l ad I5-01 to racoaeshd
approval of the amended development sekedela for PO-116.
! III. Mold a pvbllc he orlmg and aonslder in amendment to Appesdlu
e, Zoning, Code of Grdlramcas, etenpline a car-feln eree
within the C 0 m tr al But l no ICe9 1051 mg dlstrlaf from the
Urepulafteng pertatnlnp to on•prealaa aleoNetle ►ev4rsp•
consumption sepsraflan from churches sod rasldgncos, J
• Jane 811es state! that she Is repro enf-1'19 stiff sad the
Ocentovn Sus Inf a Association. they ere ragvesting
e llmIn of l ng a carte In arse of the C4mtrol 195111496 016frlat
from the separation requlremsm1s. The $too comtalae the
Sguare proper and the strestt one black Off of the 14NAre. AI
This requatt to.ulfa from churches and residences being
located OA the Sgva^a. There ere currently restaurants on
the Savers that sell beer and ■Ine. AA effort Is being made
td ra er uif mere so that a day end nlgh+ entertainment
district Can be estebllshed. A lot of money and time has
i.. been Invested In those efforts.
`--A
Mr, Aamman rated why gone of t h a be a m d ary linen Vero
Incan t l at a nt.
jj
1 I
I
I
I
.
!I
r'
!I
FF NNE ` ~
r
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT
SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO. 126 (LAKEVIEW)1 AND
PROVIDING FOR AN EFFECTIVE DATE.
I
WHEREAS, RMB Realty has applied for an extension of the
development phasing schedule for Planned Development District 126
(PD-126); and
WHEREAS, the Planning and zoning commission has recommended
approval of the requested extension; NOW, THEREFORE, i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the "Development Phasing Schedule" (page 1 of
23) of the Phasing Schedules of Exhibit "B" of the First Amended
Concept Plan for PD-126, as adopted by Ordinance No. 88-165, is
amended by the adoption of new "Development Phasing Schedule",
h attached hereto as Exhibit 11PS-111.
{ SECTION II. That the City Secretary is hereby directed to
attach a copy of this ordinance to ordinance No. 88-165, showing
the amendment herein made.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval. I
PASSED AND APPROVED THIS THE DAY OF I
1990. ~
I
I
BOB CASTLESERRY, MAYOR
ATTESTS
i
JENNIFER WALTERS, CITY SECRETARY 1
APPROVED AS TO LEGAL FORM:
;w DEBRA A. DRAYOVITCH, CITY ATTORNEY
y BY s
2dA
Z-90-004/Page 1
Ih
a
r
N ^ n ^ b
OD W A y W by N H (A
7a' ~ v W y n1
\ ~ v
N 1
00 W N /
O O A V~ O f7
O M O 00 70
RS
W N A N V7 ~
s M
n
K
N 1
N N H N W
A N 00 V N ~~00 t7 {
t7
M M 1 4 h Y [n M
C C C C G C1 to
O
CA
(71.4 w~ rW,+ r H z 61 M
Qn 61 t-
P+ ~I
b to ±
CA W
C b b
o+ 0 0~+ C N M r to I
c1 n A ~ H cm
~
Y
N pt N \ t'^ C7
W G bZ
? M
N ;C
N 7 N
O Cn VI N
! Y
b`
c~
N
C. d C. V1 ~ J
7 A W b t7 C
n i v, ~ r
a ■ H tr! :n
O M O h Hb ~O
O O ►7
N O
l
i
`I r
CI1 Y
COUNCIL
MM M
ml tlf:
.1
f
of OD.
TI: to o
~ y
o
r ° " t 00~~
~4p0 ~GO~
j
1
r 4 .
e`e I~
DATE: 09/04/90 ,
i
CITY COUNCIL REPORT FORMAT
i~
TO. Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECT: AMENDING PLANNED DEVELOPMENT DISTRICT PD 132 BY EXTENDING THE
DEVELOPMENT PHASING SCHEDULE BY ANOTHER FIVE YEARS
RECOMMENDATION:
a The Planning and Zoning Commission recommends approval (S-0}
SUMMARY:
Susan Mead, legal representative of RMB Inc. has requested an
amendment to Planned Development District PD 132 by extending the
development phasing schedule by another, five years. The approved
development phasing schedule and the proposed extension are
summarized on Table 1 attached. (Attachment 01)
BACKGROUND:
Planned Development District PD132 was approved by City Council on
October 18, 1988, for 414.9 acres (Ordinance 88-166). On August 158
19899 City Council approved an amended concept plan and a detailed
plan for tracts number 10, 140 16, 17 and 38 (Ordinance 89-101).
Since then, the petitioner requested an extension of the
construction start date for tracts 10, 14, 160 17, and 18 to '
November, 1990, tracts 11, 12 and 15 to January, 1998, tracts 6-9 to
July, 1993 and tracts 1-5 to July, 1995 (Ordinance 89-190). A map
showing Planned Development District 132 (Southview) is attached. I
(Attachment 12)
{
4 I
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
Not applicable. J
Respe lly aubmitteds
Prepared byt o g
Cit Manager
li
Harry N. Persaud, AICP
I Senior Planner
App
ran H. Robbins, AICP
Executive Director
Planning and Development
2373x
"WIM
1
w m Y Y s
N
r
u•
N
r o r~ ~ a c
In ~C r r r
y I
wr
~p r P
~p lP D N W
MM+
H
i x C $ O
M M r ^ M
c a a s e k
r r a r r s
o e o m ro
~ o
c, v g g n s in
i SQ
w r N i
40 v
0
I
v ' ar t W b
N C,
e 40 °o aec y~ bry o
1p .i 10
t' Z
i W
v 4 v x
7
G ~ N r
W
N i
t aNarrx~essY
.
ATTACHMENT 2
. 1
1t01Np M A~
D wru rA~~ . , ~
.r~~yy}F° O IiL~F/A~~ M
oom Thom I
O am Mf i
O maw Q wa
loom ft rnlA "ff. Ir
I .r
~r
C%
MNefA1 twfM •
I(WID
r..r.M• SAM r /
MMe,M MIrTAII~ NaM { 'S., i4,r
••r•r•• MNIMM $A~ MGM ~ ~.r Yr op
0 0.0.
00
• 01 111
it r 0
aw.rr
r
}»rr
f.fa. irJ' WSW a so*" "M
11t na MN
~!~?MVItW
r1MMd b"N OMWIl
see" TMM
a«NU,4o1t~~rIM
JI&
IOWIA
r ....»r !H rA1, Irwr wee 104
rpq} ypRTq fItA1 N l4f
iy~ yy ~ IMf 11111 M1"fAN
a
r~ 4116 ,
I,
~ II
i
MINuT[I
Planning Ind Inning Commlaelon
July 77, 1957 '.A.
{e..~,A
The rA 9u l er at l n9 e1 the ►1a nn1A0 Ind Zen l n9 C CCAR AR I a A I anCOUnci• ~
Clay 01 DentOA, is m A6, I a I held at lS00 p.m.
Chamber1 0f the Muhl el Pal lug lding.
Pra un11 Iu l l ne Sr 0ck, Jln IA1010 r a ch 1, Ivan 0l aascot k, ItAS I
KIkIr, and 111 1 1 1 11 Klima an '11
A Ol06t1 Judd Hol• and for an Morgan
Prevent free it of fl Fronk Aobbinl, ttecutIvI Dlr attar for
►lanntn9 Ind Oeretopnentl Odrld gel as n, C A g I na ar l A91 K a r an
Fa In ar 1, urb an ►Ja A Hari Her rag Par N10 wd o lnllf•a afrNan ag U tlJOeen N
V oat, ur bdA Planned Jan, IIIea,
Morels, Aael stant Clfy Attorney) COC11, Car Son.
Ad minl Air at l re And IYeti and 0l l via Carton, Clark•Typlaf
Chairperson Brock ca 1104 the most l n9 to cedar
I. Co ns l der the man wtas of the re pu i or meat ln9 of June 27, 1990.
It III aova4 by Nt. Ka as l n, 60e0 A d a d by Mr. Cn 9e l br a Ch t, and
um an l meal ly aerr l 4d S!•DI to so pr ere the el nw fe6 of the June
71, 1990 seed nq,
I1. 2.90.003 Hold I putt It holring and CORSI der a
C4COmmond4tlOA to the City Coun Cll eoncornIng a petit men by
RHO, Inc. to emend Fl snood 0e061opmeht 01 Sir l at 112 by
oviendlnp the dave1004e0t ph olof aChodalo toy flea Ya ae s.
Two Iva not leaf v a r a may led to add scent property otnersl nova
were rocalrod In favor or a99etlflon.
IfAPF REPORTI Mr. Per llud stated that bus 60 Male, the 1#641 j
to Ne Ose ntalt V9 Of RAS, Ins, Ads Pogwa ofed an eedodaent to
Planned Day*IOPaont 015ttICf 137 b0 na to a d I no the
dwtelopmeNt phaling sthadule by anotmor Ilya yowl. Too
dt.rr lc/ tae era gIAal1Y eppr Owed by the CIII CouneII on ,
166). On
oc+door I1, 1916. for 114.9 acres (Of dIAa Hen amended
Aviv It 1!, 1099, fh0 Cl tag Coun 011 approve
echo apt 91 an and a dots II ad plan ter tracts number 10, I1, 1
16, 17. and f6 (ordimente 10-1011. 91neo than, the
pall t(eaer Ties requested en emteAlloo far and 10ef eoKdV4abefem I
start Was of tracts 10, Id, 16. 11 , an
1190, tracts 11, 12, and I9 to jimoary 1901, ffict6 6.0 to 1
J w I y 100), and testis 1.9 to JuIY 1975 lordln o de 60•J9o)1
He ray 1414d a table 01 the approved Idhodolea and ptaoslaa
a4fool1669 ■S to toe COONI Isiah.
Mr. Komman asked that Is to be eA f•act 1!.
Mr. Forsaod 9a Id that It Is for pvalle tae l I Iflos and Is
0vcI waled free the 004dlllo,
►CT I TIOKCRI 11 e a na Far a I Ada 1, ra oe a l a of log RHO Raolty, '
stated shot Swiss Nasal to delayed In C41146 @Ad l6 unable
to attend. The anteN110e raluebt to due to the atamo y.
cufroffit
RM6 may net @big to
Bill meet +00
dolmpo 4a market O d4411b1s
o h001e.
of +00 area tAleh IS still Incomplete.
No one w o peasant to spook for or against the derel6poant
oh a Ing tch44wls e,tonslan.
MCCOMNCNDATIONI Mt. Persood laid "It It Is Obtlous too
economy has dowsed I to ft If r Jt l 10a I I a KdavA. lose 114troplaK i
cities are bollnding Ie 0 1 c k WP and 0omf en Aa6 net y0f
11491do. In Ilphf of Isla, staff recommends approval of the
develepoenf posting 4mtanalon,
Chair cloud the Pwbll0 horior..
7
IL
~r
1
PEI M1nYtaf
dw lY 7!, 1990
P4pa 1 !,I me a ~n`.n r•
r peas/mesa xt9n 01 o n• f o ro P t o n n a de 00 v e 1 o p a a n I D l 6 f f I c t• 171 epman
b Mr. [ngelbreenI Ind uno%, m0 w s lY earr l a4 IS•01.
Second ed by
ring 46 40"slol"
7.90.004 Hold 4 pwbllc AabGOUnetldeonearnlnpac pef11ION by~
rec.lemonda tlOn to the Clfy
Roe, Inc. to amend 04VOlOpIll At
extending the devolOD
twonty-nine netlces were mlllod recalvedoln propertlo aw"drtt 1
0 vere received In .Ivor.
STAMP REPORII Mr. Forsa6d rap^Ct44A+no+ Swasm Hold, the
legal reprnfenteflve of RMa.
amen441nt to Planned Development District 176 IPD-I 1,61 by 10
axtgo ndIto p the development phJSinq schedule :-other fI v0
Wolfs. Crdlnsneo 6E•16S os6heneaYloeve'°AD•176, the
steaderds and development phis in9 1
proposed f1 va year avlsnolem will Moto all aatae Ilve years
furfAsr Into the future.
Ms. 5r a 4k mat ad that the ra Ply farm re col wed In aPPOfltl on
to the amendment see as to disapprove of the whhot0
development rather 1Aan of the smanda46t 604clflc alIY.
i
Mr. fore4ud 4410 feat Is true but It wen reel t canlbe taken
Pospanso to notlfleetlon of the 4nandme nt.
I, to Da both In apace I + I on to the dtvlopment and to the
41611dmant. He sold that he has rot:lvod t telephone call
opt 011nq the do l ay of con strgdlnq^ ten dtfectlan I Its.. bread Of +K4
■Its the way the scoAaMy
Is net possible of 11111 f190-
PETITIONERS llama Fernandes, stated that he •1001?loltls
tm6 soon for this PD a for the lost and. The fty
net goad, therefore they are reSaests Aq an extension of the
development schodwls. ,
go Ono was present fa spook for or 4galndt fho pa tI+l a n.
BECOMMEKDAT I ONI Mr. Pere sold stif44l fll At staff race404ed6 '
sppravsl of the 4xtenslem. '
ch1lrporsan Break closed the pubtlc hear l Pit
1
DEC IIIONI If Yo$ 40184 by Mr. otobjeotk, seconded by Mr.
Engel►recnf, and Ynsnlea6slY corned 1!•01 +a feeoeaand
edla for PD•I114,
approval of the amended development lrh d
1 Isl. NOfO 1 Pull Is hesrlno and COe 'der an gesmdmaAt to Appotdif
r lu B, Zen tfl I, code OI oral since I , 6xaop+lnq a cartel" step
■Ithla the Central owl l most IC1111 aaAlnq dlstr tat from the
an-promis alcoholic beve
separation fromeherehas and rooldsneeif b6b JJ
7 1401 Jana Bales stated that she 16 representinre geesfl and the I
Dowel own Not In4a0 As sae l of l OA. That IF& el to l A of l aq a eerfaIf argil 01 the 1 M tearms al Beeefafea 0f 1 e r l of
from +00 separation rod61ram6ets.
I461ro proper and the streets one bl a ak Off of the Ipwdre.
This request eoswlfo from ehwectsl god rosldoncellrants bn
1046+414 On Imo IQU pre. Thara or* cart 41tIY FSttsV
le
fne Square the+ tell boor and +1116. An Offer? Is tling ba
mo^.Mr:^~nffma hat
to recrult more so that a day andonight
elsfrlet can be established,
" boon lnveetad In theca efforts.
Mr. KdAmsm asked why some of the bbwnelrf 11601 earn
Inconsistent. lilt
~wrs,~ +
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT
SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO. 132 (SOUTHVIEW)1 AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 89-1901 the City Council approved an
amended development schedule for planned development district No.
132 (Southview)1 and
WHEREAS, RMB Realty has applied for an extension of the
development phasing schedule for PD-1321 and
WHEREAS, the Planning and Zoning commission has recommended
approval of the requested extension) NOW, THEREFORE,
I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the "Development Phasing Schedule" for PD-132
as adopted by Ordinance No. 89-190, is amended by the adoption of
a new Development Phasing Schedule, attached hereto as Exhibit PS-
1.
SECTION Ii. That the city Secretary is hereby directed to
att::ch a copy of this ordinance to ordinance No. 89-101 ("First
Amended Concept Plan for Southview"), showing the amendments herein
made.
SECTION Iii. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED THIS THE DAY OF , 1990.
BOB CASTLEBERRY, MAYOR
Z-90-003/Page 1
Fi]
ovumr %wl
if
ATTEST:
tpn.~.
t
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM: ,
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY %o4we
I
4
1
_ r
i
tie
i
4
I 2-90-003/Page 2
I
r
t
I
sF`rI~
r[y!~tY I~
i
W i
N ti H
00
V. rY.
\ A
N Vi
Rl
C
j
a r' en f. !
to to • 00 0 70
N V A y
C" I
fli L4
~_~oW111 w A
Az M
' Ab A > y M b
P1
A
A o N M b C
tt} h7
! H b
~ N x to
(A y
y H H y H
f+ N , x 1.4
b
to C5 tv
' 'O V O OD c
H 1
t
H w
a
c
O 00 M J~p
N HH
o h+ O
w e
17
[MIN
\T■ep `
Tie
F THIMM
I
nil
CITY
HCOUNCIL
i
A
{
i
1
r {
I
~ s
e
1 4 4~
6L0~
/
1
T ~
6
r~ DATE: 09/04/90
r
CITY COUNCIL REPORT FORMAT
i
TO: Mayor and Members of the City Council
FROM. Lloyd V. Harrell, City Manager
SUBJECT: PRELIhINARY REPLAT OF GREEN VALLEY RANCF3, LOTS 23R A0D 24R, BLOCK A.
RECOMMENDATION:
i
The Planning and Zoning Commission recommended approval at its
August 22, 1990 meeting, 6-0.
SUMMARY:
This is a 3.633 acre tract located on Zachery :eoed, north of
F.M. 428. The property is located in the extraterritorial
jurisdiction (ETJ) and development of single-family residences is
anticipated.
BACdGROUND:
The replat would abandon the 16 ft, drainage easement between
Lots 23R and 24R, redirecting the drainage to a proposed easement on
the west aide of Lot 23R. The applicant intends to provide plans
for and construct the necessary drainage improvements prior to the ;
recordation of the final replat, Services and facilities, including
water, gas, sanitary sewer, telephone, electrical, and solid waste, f
are available or planned for. I
~If The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations,
4w I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
N/A
P FISCAL IMPACT: I
' N/A 1
Reap) lly submi d:
i
Prepared by: Lloy V, Harrell 3
City Manager
f
t040000
G. Owcn Yost, ASLA
Urban Planner
App oved:
I
ZK1
Frank H. Robbins, AICP
Executive Director
Planning and Development ~
2374x
FF
FATTACHMENT 1
• GREEN VALLEY RANCH
r
"r WT p1.01' ~ ~
SON d'~W't•tar~ IN Yt+ I
' \ I
j .
' ~ . p\ I Warm I ~
CA -U110 o~~ rj I I ~
- . , ~.Y r~r~a I JI
SClAf~ 7 J/:1J~~ ~
LAS -t.ir• - I I
--aZ_ Warn ; I V
" z.a
14!20 ACFWS I I ! !
\ I Irk
tMY22--------- '
a I,a I
&W ow
//I
rrwur~w h
Lies
I. - let" Lim
M : =1414 1
:)144 Poll
a ! L• Hfi1 y~1Ls t.
oil w r... ►tN~yr{{ tMl. W M
t' • t~ IOt/V rua,
I
PRELIMINARY RSNLAT
$CAW P;v~ oAn 0,0240
r
t ,
M..
ATTACHMENT 2
GREEN VALLEY RANCH MOST
r v
1 1 fif. s L'~ >"Ohl"
F
• y
•
rf Rd, . • • f~r~ _
Swans
J.•.~
_ 1
Ito.
46 fft
914
I'~ . wes w ~f/y
Ilp
1 • ~flfff• Clf•1•
llad
its + NN40
140
Incas-Am
i . fl
m M
oil 1%,Ia
At COO,
DENTON
stoua r.v~+ c om 62 9• X 9 0
.
a
i
ATTACHMENT 3
Minutes A Il. n '
Planning and Zoning Commission
-R1S/n~14
August 22, 1990
~i
The regular meeting of the Planning and Zoning Commission of the
City of Denton, Texas was held on Wednesday, August 22, 1990, at 1
5:00 p.m, in the Council Chambers of the Municipal Building, 215
East McKinney, Denton, Texas.
Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt,
Etha Kiker, William Kamman, and Fran Morgan
i
Present from Stafft Frank Robbins, Executive Director for f
Planning and Developments Cecile Carson, Administrative I
Analystr Joe Morris, Assistant City Attorneyi Owen Yost,
Urban Planner,, Harry Persaud, Senior Planner; Jesus Nava,
Assistant to the City Manager; David Salmon, Engineering;
and Olivia Carson, Clerk-typist
Chairwoman Brock called the meeting to order.
Ms. Morgan arrived at the meeting.
1. Election of Officers
Mr. Kamman nominated Ms. Brock as Chairperson. Seconded by
Mr. Glasscock and unanimously carried (6-0). Mr. Kamman '
nominated Mr. Holt as Vice-Chairperson. Seconded by Mr.
Engelbrecht and unanimously carried (6-0).
IT. Consider approval of the minutes of the special called meeting
of July 19, 1990 and the regular meeting of July 25, 1990.
It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht and
unanimouoly carried (7-0) to approve the minutes of the
special called meeting of July 10, 1990 and the regular
meeting of July 25, 1990.
III. Consent Agenda
Mr. Holt stated that he has a conflict of interest with an ?
item on the consent agenda and he left the room.
Ms, Brock removed the preliminary and final plats of Lot 1,
Block A, Benson Addition from the consent agenda.
Mr. Glasscock moved to recommend approval of the preliminary
{ replat of Green Valley Ranch, Lots 23R and 24R, Block A.
Seconded by Ms. Morgan and unanimously carried (6-0).
STAFF REPORTt Mr. Yost stated that there was a delay in
getting approval of the preliminary and final plats of the I
Benson Addition because of a problem with the water line, The !
water line will be in the parkway immediately in front of the
parking lot. The Development Review Committee now recommends
approval.
It was moved by Ms. Brock, seconded by Ms. Morgan and
unanimously carried (6-0) to approve the preliminary and final
plats of Lot 1, Block A, Benson Addition.
Mr. Holt returned to the meeting.
IV, continue a public hearing and consider an application by
Mayhill Joint Venture for a specific use permit (SUP) for
excavation of Sand, gravel, calicha, atc., near the
intersection of Treatment Plant Road and Mayhill Road.
Idnateen reply forms were mailed to property owners within 200
feet of the site; 5 were received in opposition to the request
and 0 were received in favor.
I
i
l+
1
FF
Ieli4
r IG;I G
CITY
COUNCIL
J
i
i
r ul I
u13V~ ~ d. 1 I
' ~t MAO I
I
C 7
G
0
i
i.:: T
I
l
I~
6 ,
r 2651L-1/3689
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITLIRE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
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
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: 1
SECTION I. That the numbered items in the following numbered
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:
BIU ITEM
NLMBER NO. VENDOR AMOUNT
1126 ALL ANACOMP $120000.00
1135 ALL CASE POWER 5 EQUIPMENT $418769.00
1137 ALL MILLER BUSINESS SYSTEM $371000.00
F%4*Wk✓,b ~i5li Wr
S~J ~ h
T
a~y
A
Y
.
SECTION 11. That by the acceptance and approval of the above
numbere tems 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- and accepted 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 apppproval of the above
numbere terns of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the a roved bide or ursuank to a written
~ pp
contract made pursuant thereto as authorizedp herein.
M SECTION V. That this ordinance shall become effective
immeala`te`ly upon its passage and approval. E
f
PASSED AND APPROVED this day of 11990.
I
J
F BOB CASTUBBRRY, MAYOR
ATTEST:
i
JERNIFER , CITY SECRETARY
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
~ I
BY:
i
PAGE TWO
VALJ
DATEe September 4,1990
CITY COUNCIL REPORT
TOt Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECTe BID #1126 - MICROFICHE SERVICE
RECOMMENDATIOI;e We recommend this bid be awarded to the only
b adder, Anacomp, in an amount not to exceed $12,000.00 for one
year from date of award.
i
SUMMARYe This bid is for services to transfer customer service
a~ to from tapes to microfiche at a price ofe
J
~I
ITEM 1 Microfiche Originals at 4.39 each
ITEM 2 Pickup or Delivery at 122.00 month
ITEM 3 Frames N/C
ITEM 4 Mounting N/C
ITEM 5 Duplicates .35
The estimated monthly usage is 200 microfiche originals.
BACKROUNDe Tabulation sheet, memorandum from Ann Bingman.
I
PROGRAMS DEPARTMENT OR GROUPS AFFECTEDe Customer Services
Dv son. i
FISCAL IMPACTe Budgeted account #100-040-0022-8502.
r
Reaps ully.sub teat
/000
Lloyd V. Harrell
City Manager
Prepared byt
Name 1 Denise Ha pool
Titlet Senior Buyer
App oved
Na Tom D. Shaw, C.P.M.
Titles Purchasing Agent
TS/jh~i
` 053.DOC
E
i..•y....TwpYJMNVAY.4"INw'. n.ti Jn.. w. . 1
i..
1~I
I
1
I
1~4
11
rt oz 0
to a w N N I .y ~Z
- - 9- [*7
b ti w n n
0 A m r•
M phi~ IUD M 0
9 N ° n w
ry r. r. ,
H w n r~
fD a 'd `J J N S
n
I
Lod
- 1
C
z z x \ z ~ ~
w to w o to
n
- - - - - - - - - - - - - - - - - - -
y iv 0 C
~ N L~1
w
tn I 1 v ko 11
m M K
rr rr------ rrrrr
b
z x z x x
w *t~ m m W of ~
r._------
' I
f
I
.^VKMnI MI>IIN~~MYMYIILI14~lY6YMJN'iV+tlRw.i i4Y10.w~w n..nn.r~.w riu'. ~'A.-. ~.r. u. ~4.1.1wn1•Y1.11... aixb.{dMl.hr .wl:nJw.lH~tviY'~sur.rww...,.w«.~..u r.,.•.•n•w.,r'
i
RECEIVED
U! Y VF D.tl10.4
1 t.'ItCNASIhu
CUSTOMF& SERVICE DIVISION NO JU 15 Ph 11, 39
MEMORANDUM
CITY of DENTON / 215 E. McKinney I Denton, Texas 76201
DATEt August 6, 1990
TOi Tom Shaw, Purchasing Agent
FROM: Ann Dingman, Customer Service Manager w°
SUBJECTt Microfiche Service Bid
Opened July 31, 1990
l Since Anscoep is the only company to respond with a bid to provide
Microfiche Service to the City of Denton, Customer Service Division,
Tax Division, and Accounting Division, I recommend that we accept
their bid as submitted.
I
Anacomp has proven to be reliable and provided quality service on previous
occessions that we have dealt with then. Thelr bid is reasonable and in
line with our expectations.
L
1
1.
f
r
i
{
...n... ..i .nweacN.y4.1 •nA~.c...r.~.....n-I.
DATE: September 4,1990
f~ CITY COUNCIL REPORT )
Y
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1135 - CRAWLER DOZER TRACTOR
1
RECOMMENDATION: We recommend this bid be awarded to the lowest
responsible 'Uidder meeting specification, Case Power and
Equipment, in the amount of $41,789.00. We also recommend the
optional 5 years warranty on power train and hydraulics be
purchase at $1,500.00. Total bid award $43,259.00.
SUMMARY: This bid is for the purchase of a small crawler dozer ■
tractor (bulldozer), for the Drainage Division of the Utility
Department. The unit will be utilized to clear dirt bank
drainage areas, and to improve the drainage in other areas as
its primary assignment.
BACKGROUND: Tabulation Eheet.
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Motor Pool and Drainage I
Dlvlson, Ut 1 ty Department.
FISCAL IMPACT: This unit will be purchased with certificate of
obligation funds previous)v approved by council for the
acquisition of motor pool equipment.
i
Rea fully »ubmittede i
0
40 '
L1 y V. Harrell
City Manager
P epared by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent I
1
I
I~
L
elf,
~r
. H I iL ~ O fr1 W
H M
- - - - - - - - - - - - - - - - - -
o b ~ r"+ 1
o w
H o to ~ Lq
o o " g
k Hm t
• H K~ Ln o
z
z y
t\0 o t 0
R1 k
_--p_--_-__
po o
------__4------
O w 0.
t LA t~
t7 a
N O ~ b ~
o
- y
E
o LA
o~ w r co
o
0 bl ~ ~
'y1 O to O
C) p+
UJ ~7 U] O
~ w ° v
d~ +4H
._.....__LA
r._._.-........_I _
.r r r
.r ri.~.. -rw~ll.,~ r ~ ~ !",t a f..-.. wI••.Li aY O'~HIIr ..A IV11{
• MLL~iU1'1YYYdii! ~!A14.^iNA,v'~SY~gn r r , .
DATE: September 4, 1990
CITY COUNCIL REPCRT
TO: Mayor and Members of the City Council
FROW Lloyd V. Harrell, City Mamger
SUBJECTr BID 11137--OYFICK SUPPLIES
RECOMMENDATION: Council approve award of annual office supplies bid to
the lowest bidder, Miller Business Systems, Inc., for Central
Stores purchases estimated to be $37,000.00.
Local vendor participation was solicited; however, state law
mandates the award be made to the lowest responsible bidder.
r' SUMMARYt Bide were opened August 210 1990. Seven invitations were delivered'
and five (5) vendors responded (one baing a No Bid).
The list of bid items was prepared based upon the previous year
Central Stores purchases.
In addition to the itemized bid prices, Miller Business Systems
is offering a 401 discount on all other stock items and a 252 discount
on special order merchandise.
BACKGROINdDs Tabulation Sheet
PROGRAMS. DEPARTMENT OR GROUPS AFFECTED: All Departments
w
_ FISCAL 1MPACTt 1990-1991 Budgeted Office Supply Accounts; Object '5101'
Respectfully submitted:
h
v
t ~ 'troy orre
1 City Manager
f ' 1 1
Prepared bys
r'
Name, M lance A, Harden
Tltlet Buyer
a Approvedt
ames Tom D. Shaw; CM
` Titles Purchasing Agent
a
i
1
r
i
y5
4
< HF U ~ H x,.
{-1 x x H H H V+ C 11 H r1 'd C7
p.,ra,..• y yH H H ~ ~ ~
rrMld ~V0 x1~~1r ~Idr HranbSL1 I t7 l7 d bNNr
7 fl O M N O H O d f(D Ey[7 N g H y O P. bl H
y dd 1~9 rNr t i r~M2~7 l 1 ti (1) b C1 ~ pm J rr i 1 O w n
~pC rOi,
t7 t' 4, Id M F 1 d N Y 14 fI M F• lTl to 1 lD q P.
17 fn rt w x1 N w `L' [*1 N is' W Ifi 'f O n W N N n
C fA 1 ~~pp M U M nn w 10 =7' f~• q 'y y O ",Y~ IY P. H n Ct A N
P ~i M M C3 j F•• 'G W C t' ID M CJ M 1 Y
w
i~ ~C~yyy FaFd~ tWy 1 fOSD IQ Y ►~r?►~~{1 A H V b 1+ to w
0 d m C, V I17 N rt H rr• 'd E
\ w t~pt M .o Ry MWW 0177 rp y R1
%wade IC) fL p 3 'G SL !t!~ *y~ y b to P.
N JI
t d L4 d
V tl
- -r ____r•- rrr ra.r - _ 1
13 N m (mQ < f o x
(N(yy z z z ft 9, NIP (D q ~J
SII O 1~ O b N UI' O O O O fD ID Z Vt F• W ISSII U1
(FBI {{{.C~~~
k', W b7 b' IC 1 I k m N 'y d0 M"
N N O [L 0h w M k 1*J
d ti k o J
O m tT N
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
vi,
N 1
m C ID I
y Fr ID
k
k f
~D Ib 1 A z O P 1 1 I I k k 'L' I x tA
IA X t t oA O O I C O co a oID A . o .ln R I
N b\ I In W y m 1 1 1 I N N b 1 a 0 I{
I M• 'fy~ Q• V1 Y•
y i
~ A ~ twWo
•I a ~ J
-u-_--•---•----._------- ----_r___...._-_.-
-
COP
K c j
p T (4 IC 11 1 P.
N k k '1, ds O N 1
p, 6 1 f0 000 `C 1 m N \ O J J p. Z
W NNN~ P. , N f 1 I M O N m y/ eo J W O~ i7
sG I~
121 1j t!F ' 1 • U1
ly c O
O O O
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
g d y to)
~~jt NA k 11 I I I k IQ x w of A
01 yp yyy.+~ 1
1•~Om O o• m 0000 OM 10m Y \H y w F~ ~
mK I N IM uN 1 I I I I m 1 r1 HI {'J
bbblll e o a R ~n w
f y Y~ Y••I .a Y.•• u r •rl rw u u - Y~ r. - u u u u w u r. u V W .Y Y.• Lr rr 1
107
1
F
r4 1,
JJ
1
CITY
COUNCIL
IF' Mooll
a
o~°
A
IFF o
s~
MT,
6
p
is IM
"W GGW
i
I
T TTF 11 1:11
I~
a
2651L-3/3689
y.
NO. J
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR INPROVEhENTS; PROVIDING
FOR THE. EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited received and tabulated
competitive bids for the construction of public works or
improvements in Accordance with the procedures of state law and
City ordinances; and j
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the ;
lowest responsible bide for the construction of the public works i
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.,
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Did Proposals" or plane and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bide:
BID NUMBER CONTRACTOR AMOUNT 1
1127 Larry Manning, Inc. $134,351.60_
SECTION Ll. That the acceptance and approval of the above
competitive b1ol s shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted And approved, until such
parson shall comply with all requirements specified in the Notice
I
~JJ
it
e
S
r
to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
ShCTION III. That the City Manager is hereby authorized to
execute necessary written contracts for the performance of
the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto s cifying the
terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
comps ve s and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bid and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective 1
immediately upon its passage and approval.
i
PASSED AND APPROVED this the day of , 1990.
! BOB CASTLEBERRY, MAYOR
E '
ATTEST:
JENNIFER WXLTERS, CITY SECRFTARY
APPROVED AS TO LEGAL FORM:
DEBRA ADKII DRAYOVITCN, CITY ATTORNEY,
BY:
I
PAGE 2
4
V
£ ha
DATE sSeptember 4,1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager
SUBJECTS BID #1127 C.I.P. SIDEWALKS
i
RECOMMENDATIONS We recommend section 1 of this Bid #1127 be
awarded to the lowest bidder, Larry Manning Inc. in the amount
of $134,351.60. We also recommend that section 2 and 3 not be
awarded at this time, J
SUMMARYs Section one of this bid is for the construction of "11
sidewalks along Teasley, Glenwood, Stuart and Carroll. The
walk area portion of the C.I.P. projects includes 3201 linear
feet of 4' sidewalk, 1517 feet of retaining wall, 30 water and
sewer service line adjustments and other related activities.
The other two projects are turn lanes at University and Carroll f
and french drains for the Glenwood area.
1
BACKGROUNDS Tabulation sheet, Memorandum date August 81 1990
from Jerry Clark, Director of Engineering 6 Transportation.
I
y PROGRAMS DEPARTMENT OR GROUPS AFFECTEDs C.I.P, Projects,
Engineering & Transportat on Department. Citizens using the
Teasley, Olenwood, Stuart and Carroll area.
FISCAL IMPACTS Funds for this projects will come from 1989 C.T.P.
1
Bon fun Ns and 1985 Street Bond funds.
Respect y submi ds
K
. Harre j
Lloyd
City Manager
Pr~ ared bys
rC~
Names Tom D. S awe C.P.M, t
Titles Purchasing Agent
TS/jh
040.DOC
t
R
ut P W N I+ ! ~k v lb b1
- - - - - - - - - - - - - - - -
H
-H K y J
M O C y y ~0 77 I
y
i
1
I` K % N
I
0
y y O W N H 1
o, o a
~ vl o o
-
II ~q
N u A s
1-+ J W
.--..Y
r F
I
i
i
-.-r------------------.----r---------
f
i
1
.
,"IdYO.Y'Ybk'Ye'r~Y>dvtlM~+ObM Y:y:hlsv f~~', ~.,...r,,."nw , ,:.Y... .~Rf,J~.....'. ..r.... .
1
I~
RECEIVED
CITY 'J IU.SINf,OH
r
r 1990 SEP -0 f11 11: 01
C#TY of DENTON ~ 215 E, McKinney I Denton, Texas 78201 1
MEMORANDUM
DATE: August B, 1990
TO: Tom Shaw, Purchasing Agent
PROM: Jerry Clark, Director of Engineer b Transportation
bOBJECT: CIP Sidewalks - Bid #1127
This bid is divided into three sections. The main component of
this project was the sidewalks located on Teasley, Glenwood,
Stuart, and Carroll. We recommend that this section, with a
total bid of 1134,351.601 be awarded to Manning Incorporated.
i
The other two components of the project are a turn lane at
Carroll and University, and french drains for the Glenwood
area. Due to neighborhood input and costs considerations, the
bid of 17,806.65 is not recommended. The turn lane at the
northwest corner of Carroll and University is eligible for
funding by the State of Texas Oil Overcharge TLS Grant.
Therefore, we feel the $12,534.00 is more than we can afford
due to budget constraints.
R' 1
e r .la c
091,4E
fir.... .....;a.,..,. .,m...,..
.
~ P,EC~I`: ED
r C+PUR~CI1P 911IG i,
W90 SEP 10 Pii 112 7
CITY of DENTON / 213 E, McKlnnsy / Denton, Texas 76201
MEMORANDUM
DATES August 9, 1990
TO: Lloyd Harrell, City Manager
FROMi Jerry Clark, City Engineer
SUBJECTr C1P Sidewalks - Bid 1127
There are four sidewalks in this bid package. The project locations include
Teasley, Glenwood, Carroll$ and Stuart. The intent of the construction is to
provide sidewalks along one side of each street. In the Teasley case, the
sidewalks will be on tho east and west sides. Developers have completed a
significant portion allowing us to complete both sides under the original
estimate.
These sidewalks will provide a product (or our C1P projects comparable to that
we asked developers to complete under 1985-86 requlations, The bond Issues
were approved and estimated at that time. Council, Planning and toning, and
the 191' Committee have all given authorisation of the projects. The 191'
Committee approval was on January 25, 1989. City Council and Planning and
toning immediately followed. Planning and toning also approved locations
(which side of road). Lengths were determined to allow entire project
coverage and to tie to existing walks and school routes. in the final stag,est
locations were adjusted based on neighborhood Input,
The general history and intent of these sidewalks has hopefully been covered.
Please advise if you need further information.
is y Clar
0901E
Ns.-.A I
i
i
i
'r
A
CITY
COUNCIL
R ra I 1
4
co
4
~t
o N t ' 000
~ 0$1
Q Q
I
I
2516L-7/1589
NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain
contracts requiring an expenditure or payment by the City in an
amount exceeding 10,000 be by competitive bida, except in the
case of public calamity where it becomes necessary to act at once
to appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or it is necessary to
protect the public health of the citizens of the city, or in case
of unforeseen damage to public property, machinery or equipment;
NOW, TFIEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I, That the City Council hereby determines that there
19 apubl calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machinery or equipment, and by reason thereof,
the following emergency purchases of materials, equipment
supplies or services, as described in the "Purchase Orders r'
attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
--Hall _CTC $15.507.00
SECTION It. That because of such emergene , the City Manager
0 or d signnted-`employee is hereby authorized to purchase the
materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance with the provisions of state law exempting such
purchases by the city from the requirements of competitive bids.
7,1
rip~ r
w
SECTION III. That this ordinance shell become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1990.
BOB CASTLEBERRY, MAYOR
i
ATTEST:
JENNI ER rALTE RS, CITY SEC ETART
APPROVED tiS TO LEGAL FORM:
s DEBRA ACAMi DRAYOVITCN, CITY ATTORNEY
i
BY.,
r
i
PAGE TWO
j c
L.dx . -r.'-+y•.-n u.,a .a:.r e w u...NM1YN"sK<.!v'pL'%9F
' I
r
P
X
i
Fri
FF.... r
a
a
• DATES September 4,1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
~ V
iI FROM: Lloyd V. Harrell, City Manager 1
[ 1
SUBJECT: PURCHASE ORDER #98811 TO C.T.C.
RECOMMENDATION: We recommend this purchase order #98811, in the
amount of $15,507.00 to C.T.C. be approved.
I
{ SUMMARY: This purchase order is for the emergency transportation
services for the Hickory Street Substation transformer. This
s Purchase order includes the changes to move the damaged
transformer from Hickory Street Substation to Fort Worth, a
spare transformer from the municipal Power Plant to the Hickory
Street Substation, the temporary locating of the spare
transformer and rent of a tank trailer to store the oil from the
damaged transformer.
Repair of the damaged transformer by Eastern Electric in Fart
j i Worth was approved by Council 8/21/90.
x ,
^ BACKGROUND: Purchase order 498811, Easter Invoice #900817.
t`
PROGR 4
AMS DEPARTMENT OR GROUPS AFFECTEDe Electric Distribution
Div s 0n, Utility Department, i
rr FISCAL IMPACTS 1989-90 budgeted funds for substation maintenance
account # 610-080-0255-8332,
;r Respectf y submitted:
Tc~'C7/
+ Lloyd V. Harrell
1\ City Manager
Prepared byi
Name: Tom D. Shaw, C.P.M.
Titles Purchasing Agent
s
;r 1'S/jh
051.DOC N.-A
f
.
i
t
M•1~~■ 1
' I 1
1
Y
1 ~
3
~K
° p O O
~ U 4 LI N Igo p7
r N p
fn s a T y > b
ro !A Z o'0!1
O ro~
V 0
fl m )l on an nn n
n m -1k v D
f~IN
n p64 °
° R YR 0A C, R "i ~
Y
° on z° ~'r.o -i0 Fro
o aV xo•r v
flo
N
4; nk
~ ~ a c
1 g
d m ny Q
%AYw b w HV m r~
s~ > r zo cc o
lily x
qq Z1 m n< 71C • .y.4m<C AC ft<<h~ m
RQ 76 N 2x tYX m y Z W
0O2 ip
PPPPP G !n0 OZO a7 3 O . I
~d 9p10 zcn0 y;
OA SOb bA Orl a
I1• y\ 91R mR M4 p f
$ O ; ! W
2
0 b4
64
IA I .I
'I ~ CC K ~
m
w t1
UI n z
C ( o^zO
1 • d 401'nz v
p• H OY~64
ME
O •
I
y 04
02
h
~•Icn O
n
~rn N ~K J
Q o p
~"r'IS 1 • • • ~ ~ On O
r~ ~ ~ O O O ~ ZN
d O O +
IJ ♦ Z m
N N QVp A
O 1~+
• • P O 1
f Go V V P, O O
VV • • • • •
OD ° G O O b
i
i
1
i
rd:... I I
{ CLARK TRANSFER AND CRANE COMPANY, INC.
PLEASE REMIT TO: P. 0. BOX 29247 DALLAS, TX 75229
INVOICE
WP T&.
900817
DATE OF INVOICE '
s 8/17/90
j U CITY OF DENTON
0 901A TEXAS STREET CUSTOMER NUMBER
i T DENTON, TX 76201
I o ATTN: Ray Wells
DATE ORDERED SPECIAL INSTRUCTIONS PURCHASE ORDER NUMBER
98811
QUANTITY uim ' DESCRIPTfON PRICE EXTENSION
Load and transport transformer at Steam
plant to Oak St. Substation 4,450.00
Remove, load and transport transformer
from Oak St. Substation to Eastern
Electric in Ft. Worth J1183-00
G Place and level mobile transfo"ner in
! Oak St. Substation 3,617.00
Oil removal and storage oil tanker rental 31657.00
r`
I
I
I
TERMS
NET 10 Y 15,507.00
RECEIVED 8Y: PLEASE PAY
15,507.00
U THIS AMOUNT I
X
m1 FORM I
~ Ir`
or
CITY
COUNCIL
I
- - - - - - - - - - - - - - -
1
- - - - - - - - - - - - - - - - -
. i
r
i
Q
a
~r~H t~}oo° i
°°~aa' aco~o
N
r
2517L/1589
C
f
NO.
w AN ORDINANCE AUTHORIZING THE EXECUTION OF A CkSANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DEN7oN AND TOTAL ABAT S"Ng~~N
PROVIDING FOR AN INCREASE IN THE CONTRAL'[`"iIIZ~; AF
EFFECTIVE DATE.
approval not needed the City awarded a contract for
WHEREAS under QQ,,~40.00
the construction of ce rteln improvements to TOTALATDNT; a~
in the amount $94 ,
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
Chapters 252 ofr the being ocain'
l
co respect with sthee eand rice ~ irements andofsaid
Government Code; NOW, THEREFORE,
BE 17 ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: j
SECTION I. That the change order to the'can Crc of tween tie ,
City ano L AB'1'E aio -
attached hereto, in E tie amoun o One T1►ousa d Seven Hundred ' 0
DoIlare Z
o or a-Ti
ere y sPproes an tie eXpen7re of funds there or a ereby
authorized.
SECTION It. ~hatt this anordinancal,shall become effective
immea ateiy up passage
PASSED AND APPROVED this the day of ~r 1990.
' BUB CASTLSBERRY, MAYOR
ATTEST:
APPROVED AS TO LEGAL FORM:
10
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
i`
BY:
j
t DATE: September 4,1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER #95641 - TOTAL ABATEMENT SYSTEM
i
i
RECOMMENDATION: We recommend this
purchase order to Total
Abatement Systems, in the amount of $10,144.00 be approved,
SUMMARY: This purchase order is for the removal of asbestos
insulation on boiler equipment at the Power Plant. The project.
was initially bid as number 1065. The total bid was less than
$10,000 and therefore not previously submitted to Council for
approval.
i
SPREAD SHEET
ASBESTOS ABATEMENT
VENDOR ITEM IA ITEM 1B ITEM 1C TOTAL
Total Abatement $ 5,229 S 2,070 $ 1.095 $ 8,394
Latin American 94600 1,100 3,600 14,300
OAI 21,780 4,400 12,220 38,440
Prior to completion of the three projects on the initial bid
three addition areas were discovered that needed attention. 1)
fallen asbestos under 02 boiler unit, 2) removal of asbestos
from unit 3 vent valves, 3) removal of asbestos from unit 2
turbine stop valve, these three additional project added $1750
to the contract. The revised total is $8394 + $1750 = $10,144.
BACKGROUND: Purchase order #95641, Total Abatement Quote.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Production
i Div1:7
on, Util t~ y Department.
FISCAL IMPACT: This project is being funded from 1989-90 budget
funds for Plant Maintenance, Account 4610-080-0251-8339.
Respect lyy/submitted:
U
-'e r9Lff&&9 4E
i Lloy . Harrel
City Manager
Prepared by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
TS/jh
050.DOC
~ ME
t w, v W T N „f V ~J
o_~, ~ nM.7 ~rf
yg roY
III r
4G4 G
l~ in SA d • W {~..C
bN-ff n LM b -IY DDDDDD~
IDS ll(3 not )4 clrl
o a f► -4 Wa In ~ 74
2a ) rr~ I'll r.n UI
14 R
CD t'1~ ~I-INN b V.
Z
1 R
xa D ao zz;i f.1 E
I
r, f ao-+ It
In • . In v,
Y oc y
r - R Ill.
Ari+ n 1 [it
S~ < Y7i1
< VI U: <
ro n< fLCln< Ce
If W Z NMld
q in !n -1•IVI Z u
in $
o mm 0 v y
.•A sr~o i
NHh~ Y 0 \
n ;D .0 ;L•1 16
u O 1
~ Nk NR ~ ► ,
i v y (Wll
o n r'
j H h
42
In h1 fN
+ \ \ In '
1 1 N N N
d N U1 tlr.rp~lP, P!
f ~ z'ulr~r 2-S
± aAi ii
7>a>
d • Nr
v NAr
kni1f(nl
-4 A ci 1 V
4 C1 fllC d
21V is l
f >Y In 1a •k 7, f~ 6Q~~
C1 Cf N G, dQ
7AI • q Vl
f-'f n-1 w w ~ 7 O
~M 4 to
4
00 in
in
~
6
Y • O
V
N
n
66 ILA
o u ,
r.
i
TOTAL ABATEMENT SYSTEMS CORP.
per,..•
2810 Lawing
RovAett, Texas 75088
(214) 475.5745
" rSCO CoVM~E TES ! (E 1 S Z
July 2, 1990 - tys-c-ri CA-"
Ta pt~~'to~uS
Mr. Jim Thune
City of Denton
901-b Texas St.
Denton, Texas 76201
RE: Asbestos Abatement Per Conversation Between James Smith and
Jim Thune
Dear Mr. Thune:
We propose to furnish all labor, supervision, materials,
equipment, insurance to remove asbestos contaminated materials at
the referenced project as listed:
1. Remove fallen asbestos from under Unit (2) Boiler,
secure remaining insulation and seal. j
5400.00
Price.............................................
2. Remove asbestos from Unit (3) boiler superheater manual
vent valves. ;
j .2200.00
Price
valve and
• 3. Remove asbestos from Unit (2) turbine stop
nearby piping.
51 150.00
Price ................................y..........,. ,
1
JI continued
y
II
C ITY
COUNCIL
4
I
1 11 ITTT
i
J
,,I ~aoaoo J
lol:
q
MIT
e
IXT
•
arc
°D~ot~ aooo~°
11, I-ITF
FrF
2517L/1589
NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND ATKINS BROTHERS EQUIPMENT CO.
FOR A REDUCTION IN THE CONTRACT PRICEI AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS on the for the construct on 0 certain mprovemen eito therdATKINSoBROTHERS
Rn:irPNENT ro Project: and
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract and said
change order being in compliance with the requirements of art.
2368a, V.A.C.S.j NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the change order reducing the amount of the I
contract between the City and ATKINS BR=E_R EOUIPME" CO
In the amount of OpE gDp H D SI DRBD AND
hereto, a here r a copy o w c s attache
y approved.
SECTION 11. That this ordinance shall become effective i
imme~ ate y upon its passage and approval.
PASSED AND APPROVED this the day of 1990.
~r {
i
BOB CASTLEPERRYp 14#YUR
ATTEST:
JENNIFER W LTER # CIT S CRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY
BY:
{
E furl
DATE: September 4,1990
'n
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
t
FROM: Lloyd V. Harrell, City Manager
NEOUS
REPLACEMENT OF
ORDER #1) DECREASE
SUBJECT! WATER BID 1I AND SEWER 9 LINE C.I.P.
$102,600.00
RECOMMENDATION: We recommend this change
edrderTto decrease the
contract amount by $102,600.00 be
amount will be $561,971.00.
SUMMARY: This bid is to replace the 6" water line on Bristol
Ct., wilsonwood, Brightwood, Longfellow, Skylark, Sun Valley,
Valley View, Sunnydale, oriole, Bob-0-Link, and Hummingbird as
well StellasStthe 8" reets. sewer lines on
The reduction change oorderofwouldVeeliminate
and $15,000.00
$87,600.00 of pavement patching
sewer lines.
of pavement patching on the The City of Denton : eet Department intends to resurface the
listed streets using he heater scarification method that has
ill
been successful in of er areas. This planned wand
eliminate the need for pavement patching by h contractor
can be done for $96,800.00 or a $5,800.00 savings.
The contractor, Atkins Brothers Equipment Co. is in agreement
with this contract reduction.
BACKGROUNDS Proposed change order, minutes from P.U.B. meeting
E of August 15, 1990.
PROGRAMS DEPARTMENP OR GROUPS AFFECTED: Water and sewer C.I.P.
fu s.
bescredited back to
as the
FISCAL
f
projects are completed.
ubmit ed:
1 Respect ?-r'e
1 Lloyd H
ll
City Manager
Prepa ed by:
Name: Tom S aw, C.P.M.
Title: Purchasing Agent
TS/Jh
054.DOC
;r
71
CITY OF DENTON CHANGE ORDER
I. Division (Department) 2. Purchase Order No.
_ engineering 3. Change Order No.
4 Name of Pro ect 1
t 5. Protect Acct No. 6. Date Prepared
Water 623-081-RB89-8905-8561
l9B9 CIP Utilities Sewer 624-082-RB89-V906-8561 June 4 1990
7. Name and Address of Contractor
__Atkins Brothers E Uiu Co 918 W. Marshall - Grand Prairie, Tz. 75051
B- Description of Work Included in Contract
Install new water and sanitary aewer lines with appurtances
9. Changes ordered and reason ordered (List individual changes &83 A, B, Co D, etc.
A- a B. Utilize asphalt patch money with complete asphalt overlay program in
September 1990
10. Bid original Contract Revised Negotiated Original Revised
Contract Item Estimated Unit Estimated C.O. Unit Estimated Estimated
Change] No. Quantity Price Quantity Price Cost Cost
Water A. 5.7-8 1200 Ton 73/Ton -0- -0- 87600.00 -0-
Sewer 8. 5.7-e 2UO Ton 75/Ton -0- -0- 151000.00" -0-
C.
D.
Total Total
$1021600.00 -0-
11. original Contract Price 562 997.00 Increase in Contract Price -0-
New Contract Price $460,397.00 Decrease in Contract Price 102,600.00
E He Contract time increased/decreased by 0 days. New contract tine NOW days
Water - 90 days Sewer - 35 days
THE AFOREMENTIONED CHANGE# AND WORK AFFECTED THEREBY. IS SUBJECT TO ALL
CONTRACT STIPULATIONS AND COVENANTS.
13. ISSUED FOR REASONS INDICATED ABOV83
ction Supervisor Date
to
14a ACCEPTED BY CITY ENGINEERt 6 9
Signature Title Date
I$# ACCEPTED BY CONTRACTOR9
Si to a Title Date
l6. ASSISTANT CITY MANAGER
signature T le Date
DIRECTOR OF UTILITIES3
Signature Title 4Date
-
CONDITIONS OF APPROVAW
174 PURCHASING/FINANCE
Signature Title Date
COUNCIL APPROVAL (if needed) Data
E
i
i
n
RUG-28-'90 TUE 17:05 ID:CITY Of DEIITUI IAA TEL tU:817-566-8236 4128 P03i03
f i
s
a
t
c
E EXCERPT
MINUTES OF PUBLIC UTILITIES BOARD
August 15, 1990
s ~
5. CONSIDER CHANGE ORDER NO. 1 FOR A REDUCTION OF $1022,600 FOR
FY 1909 CIP REPLACEMENT MISCELLANEOUS WATER AND SEWER LINES
Nelson stated that the City Street Department has advised
f they can resurface the streets utilizing a "heater
scarification" process thus eliminating the contracte.r's
patching costs of $1020600. Therefore, a change order
reducing the contract by this amount is required. i
Thompson asked and was given assurance that this procedure
i was legal. i
{
LaPorte made a motion to recommend to the City Council f
approval of the change order for a $102,600 reduction in the
contract of Atkin Brothers Equipment Company. Second by
Lartay. All ayes, no nays, motion carried.
A {
F j J
1
ttS}
~ I
i
t5
t
Ill'..,
„
~y
L -1 TT
E 2: Tr
L -T M.
L -E MT
L -L rl IT
E I: ME
CITY
COUNCIL
i
i
i
I
i
k
C~ Cf
w t
to G
o
e
I I
I
~rsw..+ rwwr~
r
2517L/1589 k
NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND JAGOR PUBLIC CONSTRUCTION
PROVIDING FOR AN INCREASE IN THE CONTRACTS ; AND PROV15ING N
EFFECTIVE DATE.
WHEREAS, on ~18gC4.the City awarded a contract for
the construction of certain eprovements to jagom pUBTIG
fbNSTRIfCTIAH in the amount o 1.17.1.266.50 ; and
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the acopa and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
i
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the change order to the contract between the
City an , a copy of which is .
attached ereto, n e amours o g7jq_~ ,
e pby approve an t e expen tune of aLunde therefor is -hereby
authorized.
SECTION ii. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
BOB CASMLEBERRY, MAYOR
ATTESTs
r ,
JENNIFER 'WAL' ERE O CITY SECRETARY
APPROVED AS TO LEGAL FORM:
I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BYs
i
1
s~ •
i
r
DATE: September 4,1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTS BID 91069 - OAK, HICKORY & FRY STREET PAVING AND
DRAINAGE (CHANGE ORDER 1€2)
RECOMMENDATION: We recommend this change order in the amount of
X5,987.25 Ee approved,
SfiMMARYs Change order number 2 includes actual quantities of 12" '
waterline, and 2" and 1" services installed. Also included are
necesuary fittings for realignment of the waterline i.e. Tees,
bends, plug and valves not included in the original contract III'
price. 1
This changes order number 2 in the amount of $5,987.25 plus
change order number 1 I,
previously approved in the amount of ~
$30,016.25 brings the contract total to $1,209,308.00.
BACKGROUND: Minutes from P.U.B. meeting, change order form with
quani t3 es listed.
I
j PROGRAMS DEPARTMENT OR GROUPS AFFECTEDs Denton Municipal
Ut ]sties, Jagoe Fu lic Construct on, Fri zens of Denton,
Or T J
FISCAL IMPACT: Funds for this change order will come from the
g nal funda set aside for waterline construction. Account
623-081-R890-RX05-9138.
Respectfully submitted:
1 I
A' I/
1o E r or*
Preptred by: Y nager
Names Tom Dr Shaw, C,P,M-
Titles Purchasing Agent 1-'
TS/jh
055.DOC
i
I
i
j
r
i
-lunar
r
{ k
r
ALG-28-'90 TUE 17:05 ID:CITY OF UEHrU4 Loa TEL IJU:817-566-8236 4128 P02133
r
I
i
I
EXCERPT
MINUTES of PUBLIC UTILITIES HOARD
E! August 15, 1990
4. CONSIDER CHANGE ORDER NO. 1 IN THE AMOUNT OF S 987425 TO
- JAGOE-PUBLIC CORPORATION FOR WBBT GAX " WATER LINE FROM
BONNIE BRAE TO THOMAS.
Allison advised the board this water line was replaced on
west Oak Street since, during street construction, it was 1
determined that the line was not deep enough and would break
under the strain of heavy traffic.
Laney made a motion to recommend to the City Council I
approval of the change order as submitted. Second by
La Forte. All ayes, no nays, motion carried. !
C
Utility ity Manager, Harrell, expressed his appreciation to the i
complete cthesliwho worked many ne installations hours so that overtime the street could be
paved.
s;s
I
~ I
r1
!
i
r
y'
A
i CITY OF DENTON CHANGE ORDER
r 1. Oiv~sion Department 2. Purchase Order No, 3, Change Or er oVo..
Engineering 95983 2
ame o Project Project Acct No, 6, Date Prepared
Oak,Hickory d Fry Paving 8 Drainage 623-081-RB90-RXO5-9138 August 2, 1990
7. Fame and'Aadres~ of-Ion rac or
Jagoe-Public Co, P.O. Box 250 Denton, Tx. 76201
8. Description of Worn nc u e in ontrac
Complete Reconstruction of Oak, Hickory, and Fry Streets.
Changes ordered an reason or ere (List individual changes as; , , , etc.
See Attached Memo
I
0. Bid Original Contract Revised Negotiated Original Revised
Contract Item Estimated Unit Estimated C.O. Unit Estimated Estimated
Changes No. Quantity Price Quantity Price Cost Cost
B. See Attached Memo
C.
D.
oa 10111
11. Original contract Price , ncrease in contract Price
S75017 ;,25
New Contract Price *tl'zu9 0du,uu " Decrease in Contract Price
*with ~C__h~awOrder
12."Contract time ncrease ecrease y days. New contract me ys ?
THE AFOREMENTIONEU CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL
CONTRACT STIPULATIONS AND COVENANTS,
13. ISSUED FOR REASON, INDICATED ABOVE: pp
ec on Supervisor
a e
14. ACCEPTED BY CITY ENGINEER:
Signature 15. ACCEPTED BY CONTRACTOR: Asa
ture' ~i Re 044i
16. ASSISTANT CITY MANAGER
gna ure e 0 te
DIRECTOR hF UTILITIES:
3igna ure e a
CONDITIONS OF APPROVAL: ,
17. PURCHASING/FINANCE
signature TilrT'e"- Date COUNCIL APPROVAL (If needed) Date
0637E
k~
s .
s
r,< . • • Olk St. lowed WHirli no
DESCRIPTION OF WORK uOfl Orforal fompldil Urdl of Ytlw
cemplow
Item Mwwo Er"mob- to Dot Price W
ork
o
rk
12' PVC U 85 $30.25 $2,571.25
2' Sorvia if n
~ 1 =715.00 =715.00
1'Servi"Lin EA 1 (=605.00) ($605.)0)
12X 12x 12 Too EA 1 1 $450.00 $450.00
I r 22' 22 b W EA 1 1 $446.00
:446.00
I r 901 bon! EA 1 I $330.00 $350.00 `
rP4ol U 2 2 $80.00 $I60A0 E
12' Y" what
u 2 z $950.00 $1,900.00
MAL $5,9e7.25
1 1
1
FF • Ii'
8
yL
r,=
1.1 V 1-1
CITY
COUNCIL
27
i
i
i
MIZ:
a n 4~ ht0
O
a
r pH
~Q~DD CG9~
• ~I i
k„ ,
j
MC~P.1~
y
~LJI'^ V
F DATE:
August 2991990
Fb CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Proposed Amendment of Swimming Pool Fencing
Requirements
RECOMMENDATION:
Building Code Board recommends adoption
:
SUMMARY_
nts
Pro osed amendment adds gate and door latchi cdinanceremeThe
F our o
which are not presently included in pool, spa and
proposed ordinance will require existing swimming p
hot tub owners to comply before May 1991.
BACKGROUND:
j
Dr, Daniel L. Levin, Medicil Director Pediatric Intensive Care
Unit Children's Center in Dallas gandtamendaittif
City review its swimming ng pool fencing or ~i
necessary in an attempt to reduce the number of injuries and
drownings of small children.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Swimming pool, spa, and hot tub owners
FISCAL IMPACT:
Owners of swimming pools, spa and hot tubs must provide fences,
gates and self latching devices.
Res tful}Y itt d
~
Prepared by: L Harre
City Manager ,
01
Ap~oved'
r s1 net ICP
'Executive Director
Planning and Development
j
00235
1
n+rs. ~
r+ bi?e DENTON CODE 1 s 1M
SEC. 306.
Section 305. Fencing.
All private swimming pools sha11 be fsaced In a manner
to reasonably deter access to eueb pool from "Jong or
adjacent property and such fencing shall be no 1410 than
fin (a) test in height from gmmd level and completely
enclose the Wmmiag pooL An aisting shmetnm such AS
a how or accessory baDdiag. may 'as used ae part of the
encloure It at least five !6) test 4 height.
No fence or andostn. shistaee say be used If Ask-
stepped or 4tanved as to invite climbing, or which does
not reawmao deter climbing, by children under age Walla
(1!), .i
All fencing must be Installed before the swimming pool
becomes a haurd or an attractive nuiunos, and in all cases
before -ompktlon of the swimming pool.
k if *swimming pool was completed prior to the effective
date of this code, the owner, tenant or manager thereof
shall have thirty (30) days from such effective date to
complete the fencing required by this section. (Ord No.
71-30, Pt. 1, 10.26.71) j
CURRENT ORDINANCE PASSED IN 1971
i
.I
I %A
I
,
i
III
.
y
ORDINANCE NO.
AN ORDINCE AM 5-176 of CHAPTER 5, ARTICLE V
BU LDI aC ODE) O DITHE CO EIOF ORDINANCES OF THE CITY OF DE ON
RELATING TO FENCING AND GATE REQUIREMENTS FOR SWIMMING POOLSi
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR
VIOLATIONS PROVIDING
LAUSEt AND PROVIDING FORFFECTIVE DATE.
A REPEALING
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
figgZ ON i. That Sec. 305 of Section 5-176 of Article V,
'h Chapter 5 of the Code of Ordinances of the City of Denton, Texas is
hereby amended to read as follows:
section 6-17is Deletions and Amendments.
A new Section 305 is added to said coda which shall hereafter
read as follows:
sea. 305. faoiesure.
(a) fnelosures Every owner, lessee, tenant or other
person in possession of land upon which is situated a
swimming pool, spa or hot tub shall at all times
maintain upon the tract, lot or premises on which the
swimming pool, spa or hot tub is located a fence,
wall, barrier or other enclosure that completely
surrounds the swimming pool, spa, or hot tub. The
height of the enclosure shall be not less than sixty
(60) inches in height measured from the adjacent
exterior grade level with no openings, holes or gaps
large enough for a sphere four (4) inches in diameter
to pass through.
(b) dates. Any gate opening directly into a swimming
pool, spa or hot tub enclosure shall be not lass than
forty-eight (48) inches in height when measured from
the adjacent exterior grade level and shall be
equipped with self-closing and self-latching devices
designed to keep, ani capable of keeping such gate
securely closed at all times when not in actual use.
The latching device, when located on the pool, spa or
hot tub side fthe aabove grad when measured from
than forty (40) inches
the adjacent exterior grads level. If provided on the
non-pool, (exterior) side of the gate, the latching
device shall eext minimum of fifty-four (54) inches
above adjacent .
4
r,
(c) Doors. A door in an exterior wall of a dwelling unit
which allows direct access to a swimming pool, spa or
hot tub shall have a latching device installed on the
interior side of the door which does not require the ti
use of a key in order to exit the dwelling unit. When
more than one (1) latching device is provided, at 1
least one (1) such device shall be attached forty (40) 1
to forty-eight (48) inches above floor level. When a
single latching device is provided, it shall be
attached not less than forty (40) nor more than
forty-eight (48) inches above floor level.
An accessory building which forL3 part of the swimming
pool, spa or hot tub enclosure may have doors opening
on either the swimminq pool, spa or hot t%xb side or
the non-pool, spa or hot tub side, but not on both
sides.
(d) 11" iastaliatioa. The owner of property on which a
private or semipublic swimming pool, spa or hot tub is t
built after the effective date of this ordinance shall
comply with the provisions of this section before the
swimming pool, spa or hot tub becomes an attractive
nuisance and in all cases before filling the swimainq
pool, spa or hot tub with water.
(e) Existing swimming Pool, Spa or Not Inb Enclosures.
(1) Each owner of an existing private or semi-
public swimminq pool, spa or hot tub having a ,
depth twenty-four (24) inches or more at any
point shall comply with section (a) hereof on
If or before the 30th day of April, 1991.
i (2) Each owner of a private or semipublic
swimming pool, spa or hot tub enclosure shall
comply with the provisions of subsection (b)
hereof on or before the 30th day of April,
1991 or whenever an addition, remodeling or
repair made to any structure on the same
tract, lot or premises exceeds a valuation of
ten thousand dollars (910,000)0 whichever
occurs first.
I
SgCTioN II. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sun not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
i
i
PAGE 2
i
tµ
1
SECTION Iii. Thst if any section, subsection, paragraph,
sentence, clause phase or word in this ordinance, or application
thereof to any person or circumstance is hold 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.remaininq portions despite any such invalidity.
E crrr ZY. That the repeal of any ordinance or any portion
thereof by the preceding sections shall not affect or impair any
act dare or right vested or accrued or any proceeding, suit or
prosecution had or commenced in %ny cause before such repeal shall
take effect; but every such act dome, or right vested or accrued,
or proceedings, suit or prosecution had or comenced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed had remained in force.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of ito~ passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to
published twice in the Denton Record-chroniclo, the officia
newspaper of the City of Denton, Texas, within ten (10) days of th
date of its passage.
PASSED AND APPROVED this the day of , 1990.
'LL BOB rASTUBE£JIY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
I
SY:
i
APPROVED As TO LEGAL FORM:
DEBRA A. DRAYOVITCM, CITY ATTORNEY J
. 11
I
.C~
BY: ~
sW im . O Cd
PAGE 3
ti
r
MINUTES
Building Code Board
August 2, 1990
I
Pr,dent: Isabel Miller, Wayne Allen, Greg Muirhead, Ed
Owens, Jackie Doyle-Building Official
Absent: Cliff Reding
I. Greg Muichead was administered the oath of office by
Betty Williams of the City Manager's office.
Ii. Allen moved that the minutes of June 7, 1990 be approved
as written with the exception that the third paragraph
of item IV be amended to read as follows: Owens felt
that the proposed amendments were acceptable with the
exception that the four (4) inch asphalt requirement be
changed to five (5) inches on six (6) inches cf lime
subgrade. Owens seconded the motion. Motion carried
unanimously. ,
f III. The Board continued its discussion of the City'i
parking lot paving requirements. Allen said that he had
talked with Mr. Hooper of Hooper and Associates, a soil
engineering firm, regarding (Mr. Hooper's prior
statements to the Board) regarding whether four (4) or
five (5) inches of asphalt on six (6) inches of lime
stabilized subgrade was adequate. Allen said that Mr.
Hooper said that the four (4) inches of asphalt on six
(6) inches of lime stabilized subgrade was adequate
because the lime provides some strength, The Board
agreed that four (4) inches of asphalt on six (6) inches
of lime stabilized subgrade was adequate,
The Board agreed that their prior recommendation concerning
approval of parking lot paving plans drawn by an engineer
registered by the State of Texas should not change. The
proposed ordinance amendment previously read as follows:
in lieu of the above specifications, a parking lot may be
constructed in accordance with the design made by an engineer
registered by the State of Texas if the design is approved by
the City Engineer,
The Board recommends that the above sentence be changed to read
as follows: in lieu of the above specifications, a parking lot
may be constructed in accordance with design mado by an
engineer registered by the State of Texas and submitted to the
City for review.
00235
v
J
IwM,~
a
rucw.r i
j
or,
e
ro
Building Code Beard Minutes
August 20 1990
Page Two
The Board feels their proposal will still give the City the
authority to review and approve parking lot paving designs.
The Board also felt Chat their suggested change might lessen
the City Engineer's liability if a failure were to occur on a
job which the City Engineer may have suggested alternate design
or construction methods.
The Board agreed that a statement in the ordinance which reads
as follows would be helpful: Leveling sand when used under
parking lot pavement may act as a conduit for water, and
therefore is not recommended.
The Board also believes that 6x6 46 gauge welded wiry fabric
should be added as a form of concrete reinforcement,
The Board felt that the number of heavy truck loads on a
parking lot each week should be ten before requiring thicker
concrete or asphalt construction. The Beard-feels that whil
concrete or asphalt fatigue factors might be appropriate fo j
street or highways, they probably are not that important fo ;
parking lots,
Doyle said that he would talk to Jerry Clark, City Engineer,
about the proposed changes.
The Board reviewed proposed swimming pool, hot tub and spa
enclosure requirements and agreed that the proposed ordinance
amendment should read as follows:
i
Sec. 305 Enclosure
person e in under posses ion contracts,
other' purchaser
(a) Enclosure. tenant or owner#
lessee
land within the corporate limits of the City of
Denton upon which is situated a swimming pool, spa
or hot tub shall at all times maintain upon the I
tract, lot or premises on which the swimming pool, II
spa or hot tub is located a fence, wail or barrier
that completely surrounds the swimming pool, spa,
hot tub, tract, lot or premises, The height of
the enclosure shall be not less than sixty (60)
inches in height measured from the adjacent
exterior grade level with no openings, holes or
gaps large enough for a sphere four (4) inck±s in
diameter to pass through.
00235
1 E
i
i,
f
r
0`.
1
f
Building Code Board Minutes
August 2, 1990
Page Three
(b) Gates. The height of all gates opening directly
Into a swimming pool, spa or hot tub enclosure
shall be not less than forty-eight (48) inches in
height when measured from the adjacent exterior
grade level and shall be equipped with
self-closing and self-latching devices designed to
keep, and capable of keeping such gates securely
closed at all times when not in actual use. The
latching device when located on the pool, spa or
hot tub side of the gate shall be attached not
less than forty (40) inches above grade when
measured from the adjacent exterior grade level
where the latching device is not readily
accessible to small children from outside the
enclosure. A latching device if provided on
the non-pool, (exterior) side of the gate shall be
a minimum of fifty-four (54) inches above adjacent
exterior grade. I
(c) Doots. A door in an exterior wall of a dwelling
unit which allows direct access to a swimming
pool, spa or hot tub shall have a latching devices.
installed on the interior side of the door which
does not require the use of a key in order to exit Jj
the dwelling unit. When more than one (1)
latching device is provided, at least one (1) such
device shall be attached forty (40) to forty-eight
(48) inches above floor level. When a single
latching device is provided, it shall be attached
forty (40) to forty-eight (18) inches above floor
level.
An accessory building which forms part of the
swimming pool, spa or hot tub enclosure may have
doors opening on either the swimming pool, spa or
hot tub aide or the non-pool side, but not on both
sides.
(d) New Installation. The owner of property on which
a private or semipublic swimming pool, spa or hot J
tub is built after the effective date of his
ordinance shall be responsible for assuring
compliance with the provisions of this section
before the swimming pool, spa or hot tub becomes i
an attractive nuisance and in all cases before
filling the swimming pool, spa or hot tub with
water.
0023S
i
I
i
rlw*~ - I- -
I
I I i F, nI ~
Building Code Board Minutes
August 20 1990
Page Four
I
{e) (1) The ownerA of existing private and semipublic
swimming pools, spas or hot tubs having a
depth of twenty-four (24) inches or more at
any point shall comply with section (1)
hereof on or before the 30th day of April,
1991. I
i 1
(2) The owners of all private and semipublic
i swimming pool, spa or hot tub enclosures
shall comply with the provisions of
subsection (b) hereof on or before thirtieth
day of April, 1991 or whenever an addition,
remodeling or repair made to any structure on
the same tract, lot or premises exceeds a
valuation of ten thousand dollars ($100000)1
whichever occurs first.
Meeting adjourned at 6:10 p.m.
I
€ II
f r , k~
k
1
00235
i
jjjl
/Mrs ~
1
P
tr 4 Z V V
4
r
03/31/88
ORDINANCE No, 19937
An ordinance amending Section 6301, "Fencing of Swimming
srr Pools," Of CKAPTER :3, "DALLAS BUILDING CODE," Of the Dallas
City Code, as amended; Increasing the minimum height for fences
surrounding swimming pools; requiring self-closing and
self-latching devices on all gates and doors that open directly
Into a swimming pool enclosure, except on those that access
certain nonhabitable buitdingaj providing grandfather
provisions for existing installations; providing a penalty not .
to esceed 12,000; providing a saving clause;
~ Providing
severability cluuie; and providing an effective date. t
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS;
SECTION 1. That Section 6301. "Fencing of Swimming ibols,"
of Subchapter 63, "Fencinq," of CNAPTEI',53, "DALLAS BUILDING
CODE," of the Dallas City Code, as amended, is amended to read
as follows:
'Fencing of Swimming Pools
Seo. 4304, {a) yenta Every owner,
under contract, lessee, tenant, tenses or other plron In
possession of land within the corporate limitsQe of n the
gtality of Dallas upon which is situated a swimming pool
shall at all times maintain upon the tract, lot or premises on
which the swimming pool is located a fence, wall or barrier
that completely surrounds the swimming pool, tract, lot or
Premises. The fence, wall or barrier shall be not less than
is 1111 feet in height with no openings, holes or
~arge(1l h (10$11 1 inches ei.~flea~ps
~.Slls thtouah /I!/!1!!d1 1Nlhfi/i vN~~777T~ ~
1
I .
i
I
I 1
..4'e. .n
r1r
1 f
A0 ! 111(
Av: 'NY~
19937 uVt -kVV
E wintinin n n
inue to m
con fences
o b ri r n
W1 I If less
than 1/2 toot n h h vi rt wall or tie
is k t i
n 9404 n otherwise m aintsiflAA in om lian with
al other orov s ons of this code.
(b) Was and Doors. All 9 01 ates and doors opening
directly into a swimmiila p201(i9d) enclosure shall be
equipped with salt-closing and self-latching devices designed
to keep, and capable of keeping, such doors or gates securely
closed at all times when not in actual use. The latching
device an a ante shall be attached t lost than a
-J above tide and shall 1 • w n
the n to la where h 1 n v i n
11"-
accessible to small h c n from m h , T
T~atchlna device, on
ing-h V V M
on t car b%.. A^
~Mhss r v n v
R1111 wh1a pp kn v tvi in 500 gogrigo in
40 of 404flof 01 gild 01011444 toot too 401 4441100 444461011 lit 944ll0 141044 4011 MOM 00t 0/041! 1f
iM0 t04Jif/ 0041444f4 0004 041! od 40 0441044111.
E7! ONs f- n an elf- h n devices n
required 04' core a pro id v h n n
n nh l b • or tguipmont buildings, c m o
enclosures.
N w In tallations, A r on who, o n
~9Aa, 0 t• ns • Rtemit to natali 1 w nm r after _
i r 1 In m w th h v h
n wAter into the w mm
` "g!s--Aftd doors into
Wit' on$ I swimm x w
with
h m
w v v
an Wition, few
m
%wildekeyet occurs •
SECTION 2. That a parson violating a provision of this
ordinance, upon conviction, is punishable by a fine not to 1
exceed 12,000.
SECTION 3. That CHAPTER S3, 'DALLAS BUILDING CODs • of the
Dallas City Cade, as amended, shall remain in full force and
2
re W :-N -7- 7-jMSj"
NMI
a81400
19937
effect, Savo and except as amended by this ordinance.
r
SSCTIOM 4. That the terms and provisions of this ordinance
are severable and are governed by Section 1-4 of CHAPTER 1 of
the Dallas City Code, as amended.
I~ StCTIOM S. That this ordinance shall take effect June 1,
1966.
UPROVID AS TO FORM
ANALESLIZ NUVC1l, City Attorney
i
EYhes scant City Attorney
passed APR 2 7 10
106=1
I. J !
I
• b~'I
11VSs1~
i
I
ORDINANCE N0. 1240
3
AN ORDINANCE AMENDING SECTION 5-5 OF THE HURST CODE OF
4 ORDINANCES; AMENDING THE REGULATIONS FOR POOL EN:LOSURESI
REQUIRING SELF-CLOSING AND SELF-WITCHING DEVICES ON GATES
5 PROVIDING ACCESS TO SWIMMING POOLS) PROVIDING FOR EXISTING
INSTALLATIbNs To DE BROUGHT INTO COMPLIANCE WITHIN TWENTY-FOUR
6 MONTMS; PROVIDING EXCEPTIONS1 PROVIDING A PENALTY AND AUTHORIZING
PUBLICATION-
7 AREAS, the City Council finds that the provisions hereinafter
THHMT1 Rtare of those
ei within enacted itfurther te s corporate safety and general
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HURST, TEXAS.
10 Sec. 1. THAT Hurst Code of ordinances be
11 "Section 5-5. Fencing of Swimming Pools. `
(a) t nM XWUj"d. Every owner, lasses, tenant#
12 licensee or other person in possession of land within
the corporate limits o he City shall of ot all tiw~ upon which as
13 situated a swimming pool maintain
fence, wall or barrier that completely surrounds the
swimming pool. The fence, wall or barrier shall be not
14 less than four (4) feat in height with no openingiinehes
holes or gaps large enough for a sphere four (4) inches
or
iS in diameter to pass through. A single Tamil , p
accessary building may be used ws a part o such
16 enclosure, provided that all,autside. entrances into the
swimming pool area or court are squipp
described in this section.
17
i ; (b) gA&". All gates opening directly into a swimming
18 A pool enclosure shall be • ipped with selfdolosing and
i self-latching devices designed to keep,
19 kesping, such gates securely closed at all times when`i* least not in actual uses The gets handle ust beg and self-
20 ! forty (40) inches above grades
latching devices are not required an gates which provide
21 access into buildings.
A person who, on or after March
22 310 119si bls,t nn micomplinstall is timming pool is with
23 of this section before order is placed on the swimming
Pool.
24 1
1
25
26
j4
r r
1 •
2 !
3 ATTEBTI
4 f.~' . %;L61t1'_
Al-yea eer nq t
s city secretary
8 Appr v d as o fora and lagalityl
7
*OYga r r.
8 City Attorney
9
11 5
.
12
13
14
is r
.
18
17
19
20 ~
21 ;
22
23
24 ii
25
j ~
26
i
~A011tu lJgi~
R ,
l nR Y'
fro,, .r,
~ j OAD[NANC1 S-.9 C)
? AN CRDINANCE Of THE Cirl Of DICAT01, TTEAS 1fQD1R1p0 FENCING Of OUTDOOR
FOOLS, NOT TUIS, AS, StLF CLOSING AND StLI-LATCRIRC DTV1Ct! ON OATIS,
PROVIDING ACCISS TO SWIMMING POOLS NOT TUTS, SPAS- P10VIDIN0 101 It1STING
INSTALLATIONS To it 13ODCRT INTO COMfLIANCI IT JANIJAIT 1. L991, PROVIDING
FOR A PENALTY, StVrRAlILITY, AND ITTLCTIVT DAIS RtlEol. 1
s
WIIEIIAS, the tit? Caunctl finds that the pcovcslans herelafter enacted further
the safety and $#moral welfare of those within its carpnrats limLtat NOW, TREREFORt,
It IT ORDAINED IT TRI CITY COUNCIL Of TRI CITY Of DECATUR, TEXAS,
SECTION I. Definition.
1. The tern "9wlwing pool", as mead herein shall lean an artificial or sesl-
artificial rseeptsele at oonteinet datgned to contain fluid, whether actually
uL43 containing a fluid of not, "%Leh Is either timpotrtily or permanently located
outdoors and to used or intended to be used for publto, most-public, or private
husan use tnvnlvinl subsermlrn of all or part of the bed?, whether or not a fee
to paid for such we. Such use may include, but is not lisped to swimetng, wading,
masking, floating or recreational bmthiml by any number of persons. Those tatsts do
not apply to a receptacle or cent tinor that is located outdoors and is not used at
intended to be used for public, semL-publta or ptlvste human use involving mubmeraton
of all at part of the body, such as fountains and refieatlon pools. This terse includes
hat tube and apse.
SECTION t. Applications.
1. The requirements of this Or-.'.name eha;l be applicable to all outdoor a,inaaing
pools which have a depth capael.y el elobteen inches (11") nr ante of fluid at any
point, whether actually containing flut1. of empty.
SECTION 1. Requiremento.
L• Te,U reagtred. Ivacy owner, 14 1#40, tenant, Itceneee Of ether person in P06840110"
of land within the corparlte limits of the City of Decatut upon which is oit.w od a
owimeing pool shall at all tsar maintain m fonts, wall, or barrier that oopletoly
surrounds the svlsidnE pool. The (once, wall at barrier shall be not tote than
gout (a) feet in height with no openings, boles or Saps large enough for a sphere
four (a) lnehes in diameter to pass through. A single fmaity, duplan of accessary
building may be used as a part of such enelaaure, provided that all autslde antrancol
'
into the ovi,sslas pool area or court are equipped with sales as described In this
section.
t Cat~~. All sales opening dieeetly Into a swisrinl pool enetesure shalt be equipped
i
wth s~-clostnl and selt-fetching devices designed to keep, and capable of keeping,
such gates securely closed At alt times when not to actual use. The Rate handle ►.•t
be at least tarty (40) Inches above Scads. Self claming led Self-taebiag devices are
J not required on sates which provide aaaeas Into buildings.
S. j>19itlll,tiggt. Aperson who, nn or settee July 9, 1990, obtains a Permit to
Lesul a so mTnl peat is tesponsible for aesurtni eegitaes with the ptovlslna
of this Ordiaaase.
a. Contractots Deters the pool is filled with water, the swiraing
pool contractor to Toponmi'~o l tort I
A. tnsurlnS that the fenalenolosura is complete.
1. Ensurlnl that all required gate latches and sett-elseuese are in place and
operating.
C. A final inspection shall be obtained free the City of Decatur peter to
the actual use of the awaiting pool
5- X JAILK Fg9t~ Alt (sneer and Sasea around seGminl pools Mich lawfully
selsto If or ea u y , 990 shall be cede to fully coyly with the provisions of
this ordinance before January 1, 1991
SECTION A. tensity.
Any Iterate, fin or corporation violating it provision at this Ordinance shall be deemed
guilty of a misdemeanor and upon final conviction thereof tided to an amount tot less j
than One Dollar (11,00) nor store then Two Nundcod Dollars (1200.00). lash day of Jl
non-compliance shalt oensiltuts a separate violation. Any violation of this Ordinance
is a Class "C" Misdemeanor is set out In the Texas penal Code.
.
I a6L '
Y
StCTION S. SerarabllltyIn the event of any p:ovislon of this Ordinance or the application thereof to any
person nr clrewatancea being held invalid, auah invalidity shall not affa.t
y ether provisions or appIicationa of the ordinance which talk be given effect without
i the invalid provisions or applications, and to this ant the provisions of this
Ord Lnance are isc Ured to be severable.
SICTION t, Iffective Data,
This Ordinance shall becew effective July 9, 1990, pending publication of descriptive
caption and penalty clause in newspaper of Ipanersl circulation in Decatur, Issas.
fASStD AND ADOPTID IT TNI CITY COONCIL Of TRi CITY Of DICATOg, Tt7Ul,
Tills it
.h DAY Of Jti L990.
F
AMST,
City secretary
j ~
AtFR09TD AS TO FORM AND UCALITTI E
P. I
i•
City Attornq ;
k
I
e
1
77 -,swap
MAW
~ I
3
K
M
(N Rr 0
II P
I
i
` CITY
COUNCIL
f
l
~f
-44
w III
k
l
TI.
III
r
I
1
j
.1, TT
1
V;
xxx:
3 f~fKS
a tir
I
I. ~ r ° " t ~ 000
~ °0Qa aocan~
oil
I 1
}
~ onj i r.
n
DATE: 09/04/90
MY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
` k" FROM: Lloyd V. Harrell, City Mures~ar
Y
P
SUBJ: Approval of an ordinance authorizing the City Manager
to sign a contract between Community Clinics for Denton
County and the City of Denton for the use of $24,950 in
CDBG funding.
I~ RECOMMENOATIQ
N/A
.@ASelSSaf395ld12:
June 5, 1990 City Council approved the 1990 Final
Statement of objectives and Projected Use of Funds
for the Community Development Block Grant Program,
The Final Statement specified the use of $24,950.00
by the Prenatal Clinic of Denton County to provide
prenatal care to indigent women.
$UMMA$Y: Beginning September 1, 1990 and ending August 31, 1990 I
CDBG funds will be utilized to pay a portion of the
salary for an additional nurse-midwife.
The Prenatal Clinic will be reimbursed monthly for the t
salary expenditure.
PRQQRjMS.._UPARTMENTS 08 GROUPS AFFECT~Q~ E
The Community Development staff will administer the {
contract and compliance by the Clinic with all per-
tinent federal regulations.
i
FISCAL IMFACTP,
There will be no impact on the General Fund.
,I
I
Re t u1yy 4,W#9litte '
L1 d V. Harrell
City Manager
Prepared by:
Barbara Ross
Community Development Coordinator
Approved:
rank o bins AICP
Executive Director for Planning 6 Development
r h}'r
1967G
i
ORDINANCE NO,
I # w
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY IF DENTON AND
THE COMMUNITY CLINICS FOR DENTON COUNTYf AUTHORISING 'HE 'MAYOR TO
EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS rHEREFORE)
AND PROVIDING FOR AN EFFECTIVE DATE.
a WHEREAS, the City Council has determined that it is in the
beat interest of the citizens of the City to proVtde
to Community Clinics for Denton County, In conaideratioo of funds
valuable public services to be furnished by said organization to
the City of Denton in accordance wito the 'Agreement' attached
hereto# NOW, THEREFORE,
i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
t
SECTION I. That the City Council hereby approves the
Agreement at ached hereto, between the city of Denton and
Community Clinics for Denton County, and authorizes the Mayor to
execute said agreement,
SECTION II, That the City Council authorizes the expenditure
of funs n e manner and amount as specified in the Agreement,
SECTION III, That this ordinance shall become effective
immediately upon its passage and approval,
i PASSED AND APPROVED this the day of 19906
li OH CANTLEBIRRYj ! ATTEST:
JENNIFER WALTERS, CITY SECRETARY
`r BY:
t '
APPROVED AS TO LEGAL FORM:
DEBRA As DRAYOVITCH, CITY ATTORNEY
BY:
0A a
F
I
I 1
~,-2620k
AGREEMENT BETWEEN THE CITY OF DENTON
AND COMMUNITY CLINICS FOR DENTON COUNTY
This Contract is made and entered into by and between the
City of Denton, a Texas municipal corporation, acting by and
OJA through its City Manager, pursuant to ordinance, hereinafter
referred to as CITY, and Community Clinice for Denton County,
i hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U, S,
Department of Housing and Urban development under Title I of the
Housing and Community Development Act of 1974, as amended, andr
t WHEREAS, CITY has adopted a budget for such funds and
included therein an authorized budget for expenditure of funds
for the Denton County Prenatal Clinic, ands
I WHEREAS, CITY has designated the Department of Community i
Development and Planning as the division responsible for the
administration of this contract and all matters pertaining
the, etoi anal
j i
WHEREAS, CITY wishes to ei.,age CONTRACTOR to carry out such
projects
NOW THEREFORE! The parties '_,horeto agree, and by the
E execution hereof are bound to the mutual obligations and to the
performance and accomplishment of the conditions hereinafter
describeds
I
i
j TERM
This Contract and agreement shall commence on or as of
Se tember 1, 1990, and shall terminate on August 31, 1991, unless '
extended by mutual agreement,
It,
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the
performance of all services and activities, in a satisfactory and {
efficient manner as determined by CITY, in accordance with the
terms herein CITY will consider CONTRACTOR'S executive officer, '
to be CONTRACTOR's representative responsible for the mana4ement
of all contractual matters pertaining hereto, unless written
notification to the contrary is received from CONTRACTORS and
approved by CITY6
1
I
~eaav7
l
A
The Community Development Coordinator will be CITY'
representative responsible for the administration of this
contrAtto
-,u CITY'S OBLIGATION
As Limit of Liability, CITY will reimburse CONTRACTOR for
i expenses incurred pursuant hereto in accordance with the project
budget Included as a part of EXHIBIT B. Notwithstanding any
i other provision of the Contract, the total of all payments and
other obligations made or incurred by 'CITY hereunder shall not
exceed the sum of $210950,00.
B, Measure of Liability. In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR,
CITY shall make payments to CONTRACTOR based on the Budget
attached hereto and incorporated herein for all purposes as
EXHIBIT B, subject to the limitations and provisions set forth in
h this Section and Section VIII of this Contract.
' (1) The parties expressly understand and agree that
i
CITY's obligations under this section are contingent upon the
actual receipt of adequate Community Development Block Gant
1 (CDBG) funds to meet CITY's liabilities under this Contracts if
IF adequate funds are not available to make payments under ,thih
Contract, CITY shall notify CONTRACTOR in writing within a
reasonable time after such fact has been determined, CITYimayr
at its option, either reduce the amount of its liability, as
specified in subsection A of this Section or terminate: the E~
j ; Contracts If CDBG funds eligible for use for purposes of this
L Contract are reduced, CITY shall not be liable for further
I payments due to CONTRACTOR under this Contract,
L11 12) It is expressly understood that this Contract in no
way obligates the General Pund or any other monies or credits of
the City of Denton,
4 (3) CITY shall not be liable for any cost or portion
r thereof whicht
(a) has been
paid, reimbursed or is subject to `
payment or reimbursement, from any other: s
jI sources
(b) was incurred prior to the beginning dater!
or after the ending date specified ink
( Station It >
~ i
PAGE 2
i
I
smalls
1 ~ ~r
~V
K l
9*l
r
f p.
r
{ Ic) is not in strict accordance with the terms
of this Contract, including all exhibits
attached heretol
(d) has not been billed to CITY within thirty
(30) calendar days following billing to
CONTRACTOR, or termination of the
Contract, whichever date is earlier
f (e) is not an allowable cost as defined by
Section XIIi of this Contract or the
project budget,
(4) CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of
CONTRACTOR requiring prior written authorization from CITY, or
after CITY has requested that CONTRACTOR furnish data concerning
Such action prior to proceeding further, unless and until CITY i
} advises CONTRACTOR to proceed,
( (5) CITY shall not be obligated or liable under this
Contract to any party other than CONTRACTOR for payment of any
E monies or provision of any goods or services.
i
IV,
COMPLIANCE WITH REDBRAL, STATE and LOCAL LAWS
A, CONTRACTOR understands that funds provided to it pursuant j
to this Contract are funds which have been made available to CITY
by the Pederal Government (U.S, Department of Housing and Urban !
Development) under the Housing and Community Development Act of 1
1974, as amended, in accordance with an approved grant
Application and specific assurances. Accordingly, CONTRACTOR
assures and certifies that it will comply with the requirements
of the Housing and Community Development Act of 1974 '(P,L,
93-383) as amended and with regulations promulgated thereunder,
and codified at 24 CPR, The foregoing is in no way meant to
constitute a complete compilation of all duties impobed upon
CONTRACTOR by law or administrative ruling, or to narrow the
standards which CONTRACTOR must follow, o
CONTRACTOR further assures and certifies that if the
regulations and issuances promulgated pursuant to the Act are
amended or revised, it shall comply with them, or notify CIVY, as o
provided in Section XXIV of this Contract,
,CONTRACTOR agrees to abide by the conditions of and 3
! comply with the requirements of the Office of Management and
Budget Circulars Nos, A-110 and A-122,
PAGE 3
1
S
rJ.
t
a
t
{
a
B. CONTRACTOR shall comply with all applicable federal laws,
laws of the State of Texas and ordinances of the City of Denton.
V
j REPRESENTATIONS
As CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
! Contract.
B. The person or persons signing and executing this Contract
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this Contract on behalf of CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performan-es and provisions herein
set forth,
C, CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Contract if
theTe to a dispute as to the legal authority of either CONTRACTOR
or the person signing the Contract to enter into this Contracts
CONTRACTOR is liable to CITY for any money it has received from
11TY for performance of the provisions of this Contract if CITY
has suspended or terminated this Contract for the reasoi
enumerated in this Section. r:
Ds CONTRACTOR agrees that the funds and resources provided i
CONTRACTOR under :::n terms of this Contract will in no way be i
substituted for funde end resources from other sources, not in
I any way serve to reiuce the resources, services, or other
benefits which would here been available to, or provided through,
CONTRACTOR had this Contract not been executed.
VI.
PERPOMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out i
all of the activities and services set out in the WORK STATEMENT,
attached hereto and incorporated herein for all purposes as 1
Exhibit A, utilizing the funds described in Exhibit a# attached
hereto and incorporated herein for all purposes and deemed by
both parties to be necessary and sufficient payment for full sod
satisfactory performance of the program, as determined solely by
CITY and in accordance with all other terms, provisions and
j requirements of this Contract.
PAGE 4 j
.
I
e
All
t
F
t No modifications or alterations may be made in the WORK
STATEMENT without the prior written approval of the City's
Community Development Coordinator,
VII.
PAYMENTS TO CONTRACTOR
A. CONTRACTOR must maintain a separate numbered account for
the receipt and disbursement of all funds received under this
Contract and any program income resulting therefrom. CONTRACTOR
further agrees that:
(1) Such account shall contain only the funds received
pursuant to this Contract and that no other funds shall be
mingled with funds. in such account, except funds deemed to be
program income as defined in Section xIV of this Contract.
CONTRACTOR shall support all checks and withdrawals from,said
account with itemized documentation of costs under this Contract,
Upon CONTRACTOR's written request and solely within
the.. discretion of CITY, an alternative accounting mechanism may
be permitted, provided such alternative adheres at all times to
generally accepted accounting principles.
(2) Said account shall be maintained, under conditiorip
approved by CITY, in a financial institution, with federal
deposit insurance coverage and the balance, if any, exceeding the
federal deposit insurance coverage, shall be collaterally secured,
as method of Payment,
(a) City shall f
pay CONTRACTOR for services provided '
hereunder shall be made as followas
On or after September 30, 1990 - 2,079.16
On or after October 31, 1990 - 21079.16
On or after November 30, 1990 - 2,079.16
On or after December 31, 1990 - 2,079 16
On or after January 31, 1991 - 2,079,16
On or after February 28, 1991 - 2,079.16
On or after March 311 1991 - 2,07 9 16
On or after April 30, 1991 - 2,079.16
On or after May 30, 1991 2,079.16
On or after June 30, 1991 2,079.16
On or after July 31, 1991 - 2,079,16
f On or after August 31, 1991 - 2,079.24
(b) The use of the funds provided for in subsection
(a) shall be as followes
PAGE 5
S
r ~
Percentage of Total Funds
E Dates to be Expended by Contractor
By October It 1990 10
By January It 1991 25
By April It 1991 50
o By June It 1991 75
By August 31, 1991 100
I
All funds must be expended in 12 months from the dAtte of
execution of this contract, I
l
t C, gxceSS Payment. CONTRACTOR shall refund to CITY within
ten (30) working days of CITY'e request, any sum of money which
! has bean paid by CITY and which CITY at any time thereafter
determinesl i
(1) has resulted in overpayment to CONTRACTORt or,
(2) has not been spent ritrictly in accordance with
the terms of this Con;ractl or '
{3) is not Supported by adequate documentation to
fully iust,ify the expenditure. 'D, Disallowed Costs. Upon termination of the Contract,
should any expense or charge for which payment has been made be
subsequently disallowed or disapproved as a result of any
buditing or monitoring by CITY, the Department of Housing and
Ifrban w4lopment, or any other Federal agency, CONTRACTOR will
refund such amount to CITY within ten (30) working days; of a
written notice to CONTRACTOR, which specifies the . Amount
disallowed,
! 1
Refunds of disallowed costs may not be made from these or I
4 any other funds received from or through CITY, 9
E, Deobligation of Funds. In the event that actual
expenditure rates deviate from CONTRACTOR'S provision of a
j+ corresponding level of performance, as specified in gahibit A,
f CITY hereby reserves the right to reappropriate or recapture any.
such under-expended funds,
F, Contract Close Out, CONTRACTOR Shall submit' the
Contract close out package to CITY, together with a final
expenditure report, for the time period covered by the last
invoice requesting reimbursement, of funds under this Contract,
I s within fifteen (15) working days following the close of the
! PADS 6
I
ti
,I.
Owl
r ,1
f~
3
A
t
contract period. CONTRACTOR shall utilize the form agreed upon
by CITY and CONTRACTOR.
i
At the termination of the Contract, all unclaimed
(3u days or older) salaries or wages must be returned to CITY in
the following formats
f} (1) A cashier's check for the net aggregate amount
payable to the City of Dentont
I
(2) A listing showing the Social Security number,
full name, last know complete address and the
amount owed to each person involved.
VIII,
WARRANTIES
1
)EE CONTRACTOR represents and warrants that: 4
I A. All information, reports and data heretofore or hereafter i
j requested by CITY and furnished to CITY, are complete and
accurate as of the date shown on the information, data, or
reports and, since that date, have not undergone any significant f
change without written notice to CITY6
a$ Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown
on said report, and the results of the operation for the period
covered by the report, and that since said date, there has been
no material change, adverse or otherwise, in the financial
condition of CONTRACTOR.
Cs No litigation or proceedings are presently pending or
threatened igainat CONTRACTOR.
D, None of the provisions herein contravenes or is in
conflict with the authority under which CONTRACTOR is doing
business or with the provisions of e.ny existing indenture or
agreement of CONTRACTOR,
E, CONTRACTOR has the power to enter into this Contract and
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
contract,
r, None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY, ;
PAGE I
l
\
i
i
q f
Each of these representations and warranties shall be
continuing and shall be deemed to have been repeated by the
submission of each request for payment,
IX,
t
COVENANTS
urrti'
S. A, During the period of time that payment may be made
hereunder and so long as any payments remain unliquidated,
CONTRACTOR shall not, without the prior written consent of the
Executive Director of Planning and Development or his authorized
representatives
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now
' owned or hereafter acquires by it, or permit any
1 pre-existing mortgages, liens, or other encumbrances
to remain on, or attached to, any assets of
• CONTRACTOR which are allocated to the performance of
this Contract and with respect to which CITY has 93
ownership hereunder,
1 ~
(2) Sells assign, pledge, transfer or otherwise dispose i
of accounts receivables, notes or claims for money J
due or to become due, 11
(3) Sell, convey, or lease all or substantial part of
its assets,
.(4) Make any advance or loan to, or incur any liability
for any other firm, person, entity or corporation as
l guarantor, surety, or accommodation endorser,
E, Should CONTRACTOR use funds received under this Contract
to acquire or improve real proptity under CONTRACTORON control,
CONTRACTOR agrees and covenantal
(1) That the property shall be used to meet one of the
national objectives in $24 CPR 570 until August 31,
1996,
(2) That should CONTRACTOR transfer or otherwise dispose
of said property on or before August 31, 19961
CONTRACTOR shall reimburse CITY in the amount of the
fair market value of the property less any portion
of the value attributable to expenditures of
non-CDOG funds for acquisition of, or improVoment-
to, the property,
i
Ih PAGE 8
i
vgnu" 1
p i
b ,
i
X.
ALLOWABLE COSTS
i
A, Costs shall be considered allowable only if incurred
s directly specifically in the performance of and in compliance
with this contract and in conformance with the standards and
provisions of Exhibits A and B.
B. Approval of CONTRACTOR's budget, Exhibit B, does not
constitute prior written approval, even though certain items may
appear herein. CITY's prior written authorization is required in
F order for the following to be considered allowable costs:
(1) Encumbrance or expenditure during any one month
period which exceeds one-twelfth (1/12) of any
budgeted line items for personnel costs as
specified in Exhibit S.
(2) CITY shall not be obligated to any third
h parties, including any subcontractors of
CONTRACTOR, and CITY funds shall not be used to
pay for any contract s:,rvice extending beyond
the expiration of this Contract, i
(3) out of town travel.
(4) Any alterations or relocation of the facilities
on and in which the activities specified in
Exhibit A are conducted.
(5) Any alterations, deletions or additions to the
Personnel Schedule incorporated in Exhibit Be
(6) Costs or fees for temporary employees or
services.
(7) Any fees or payments for consultant services.
(8) Pees for attending out of town meetinge,
seminars or conferences.
Written requests for prior approval are CONTRACTOR's
responsibility and shall be made within sufficient time to permit
a thorough review by CITY. Contractor must obtain written
approval by CITY prior to the commencement of procedures to
solicit or purchase services, equipment, or real or personal
property, Any procurement or purchase which may be approved
under the terms of this Contract must be conducted in its 3
entirety in accordance with the provisions of this Contract, I
PAGE 9 '
i
MER
Sal
1
G
s
X1.
PROGRAM INCOME
A. For purposes of this Contract, program income means
earnings of CONTRACTOR realized from activities resulting from
this Contract or from CONTRACTOR's management of funding provided
or received 'hereunder. Such earnings include, but are not
limited to, income from interest, usage or rental or lease fees,
income produced from contract-supported services of individuals
or employees or from the use of equipment or facilities of
CONTRACTOR provided as a result of this Contract, and payments
from clients or third parties for services rendered by CONTRACTOR
under this Contract.
E B. On a monthly basis, CONTRACTOR shall report and return to
ff CITY, all program income received or accrued during the preceding
month. Alternative arrangements to this requirement may be made
upon written request to, and written approval by CITY.
C. CONTRACTOR shall maintain records of the receipt and {
disposition of program income in the same manner as required for
other Contract funds, and reported to CITY in the format
prescribed by CITY. CITY and CONTRACTOR agree, based upon advice
received from HUD representatives, that any fees collected fot
services performed by the midwife shall be spent only for '
operating expenses.
0. CONTRACTOR shall include this Section in its entirety in
all of its sub-contracts which involve other income-producing
services or activities.
I E. It is CONTRACTOR'S responsibility to obtain from CITY a
prior determination as to whether or not income arising directly
or indirectly from this Contract, or the performance thereof,
constitutes program income. CONTRACTOR is responsible to CITY
for the repayment of any and all amounts determined by CITY to be
program income, unless otherwise approved in writing by CITY.
MII.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the
status of the funds received under this Contract, in compliance
with the provisions of Exhibit B, attached Yorsto, and with any
other applioab',e Federal and State regulations establishing 1
standards for financial management. CONTRACTOR's record system
shall contain sufficient documentation to provide in detail full
support and justification for each expenditure. Nothing in this
section shall be construed to relieve CONTRACTOR of fiscal
accountability and liability under any other provision of this
PAGE 10
i
1
I
i
r
4x,
Contract or any applicable law. CONTRACTOR shall include the
substance of this provision in all subcontracts.
8. CONTRACTOR agrees to retain all books, records,
documents, reports, and written accounting policies and S
€ procedures pertaining to the operation of programs and
expenditures of funds under this Contract for the period of time
o and under the conditions specified by CITY,
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Contract.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, HUD, or
any of their authorized representatives, all of its records and
shall permit CITY, HUDI or any of their authorized
representatives to audit, examine, make excerpts and copies of
such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or
employment and all other data requested by said representatives.
XIII.
REPORTS AND INFORMATION
At such times and in such form as CITY may require,
CONTRACTOR shall furnish such statements, records, data and
information as CITY may request and deem pertinent to matters
covered by this Contract,
CONTRACTOR shall submit regular performance reports to CITY
no less than once each three months, with the first report due on
or before December 1, 1990. The performance report shall detail
client information, including race, income and other such
statistics required by CITY. CONTRACTOR agrees to gather
information and data relative to all programmatic and financial
reporting as of the beginning date specified in Section II and
furnish to CITY quarterly a report of all income received and
funds expended. The first such report is due on December 1, 1990.
CONTRACTOR shall obtain an independent audit for .sch fiscal
year funds are received under this contract, CONTRACTOR agrees
to submit a copy of such audit to City within 10 days of receipt,
X1V.
MONITORING AND EVALUATION
A, CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Contract,
PAGE 11
i
I
Tye {N~ ~I
E■rp]
F5
k
a t°~
Y
.
t
B. CONTRACTOR agrees that CITY may carry out monitoring and
1 evaluation activities to ensure adherence by CONTRACTOR to the
x Work Statement, and Program Goals and Objectives, which are
attached hereto as Exhibit A, as well as other provisions of this yil
Contract.
C. CONTRACTOR agrees to cooperate fully with CITY in the
development, implementation end maintenance of record-keeping
systems and to provide data determined by CITY to be necessary
for CITY to effectively fulfill its monitoring and evaluation
responsibilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by
CITY staff.
E. After each official monitoring visit, CITY shall provide
CONTRACTOR with a written report of monitoring findings.
F. CONTRACTOR shall submit copies of any fiscal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY within five (5) working days of receipt by
CONTRACTOR.
j
I
XV. I
DIRECTORS' MEETINGS
I
During the term of this Contract, CONTRACTOR shall cause to
be delivered to CITY copies of all notices of meetings of its
Board of Directors, setting forth the time and place thereof.
Such notice shall be delivered to CITY in a timely manner to give
adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. CONTRACTOR
LJ understands and agrees that CITY representatives shall be )
afforded access to all of the Board of Directors' meetings.
Minutes of all meetings of CONTRACTOR's governing body shall
be submitted bJ CITY within ten (10) working days of approval.
XVI.
INSURANCE
A. CONTRACTOR shall observe aound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Contract.
B. The premises on and in which the activities described in
Exhibit A are conducted, and the employees conducting these
PAGE 12
e
F
activities, shall be covered by premise liability insurance,
commonly referred to as 'Owner/Tenant' coverage with CITY named
as an additional insured. Upon request of CONTRACTOR, CITY may,
t at its sole discretion, approve alternate insurance coverage
arrangements.
i
C. CONTRACTOR will comply with applicable workers'
compensation statutes and will obtain employers' liability
coverage where available and other appri,riate liability coverage
for program participants# U applicable.
D. CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR. All employees of CONTRACTOR who drive a vehicle in
insurance. possess Evidence
drivers' license of pliability employment
the valid normal Texas scope
of the employee's current possession of a valid license and
insurance must be maintained on a current basis in CONTRACTOR's
files.
E. Actual losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
remain the sole responsibility of CONTRACTOR.
XVII.
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CITY's approval, a written
plan for compliance with the Equal Employment and Affirmative
Action Federal provisions, within thirty (30) days of the
effective date of this Contract.
B. CONTRACTOR shall comply with all applicable equal
employment opportunity and affirmative action laws or regulations.
C. CONTRACTOR wili furnish all information and reports
requested by the CITY, and will permit access to its books,
rdsp reco
compliance and local, state and Federal rules a and regulations,
D. In the event of CONTRACTOR's non-compliance with the
non-discrimination requirements, the Contract may be cancelled,
terminated, or suspended in whole or in part, and CONTRACTOR may
be barred from further contracts with CITY.
XVII1.
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and
PAGE 13
4.
Flo"
KM
Ft
r
shall be available for examination. Such personnel policies
shall:
A. Be no more liberal than CITY'S personnel policies,
procedures, and practices, including policies with respect to
employment, salary and wage rates, working hours and holidays,
fringe benefits, vacation and sick leave privileges, and travel,
and
B. Be in writing and shall be approved by the governing body
of CONTRACTOR and by CITY.
V XIX.
I I CONFLICT OF INTEREST
r A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or
indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this
Contract. CONTRACTOR further covenants that in the performance
of this Contract, no person having such interest shall be
employed or appointed as a member of its governing body.
I
B. CONTRACTOR further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or othersp particularly those with which he has
family, business, or other ties.
C. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Contract shall (1) participate in any decision relating to
the Contract which affects his personal interest or the interest
in any corporation, partnership, or association in which he has
direct or indirect interest: or (2) have any interest, direct or
indirect, in this Contract or the proceeds thereof.
US
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is
currently employed by CONTRACTOR, Or is a member of CONTRACTOR'S
governing board. The term 'member of immediate family'
includes: wife, husband, son, daughter, mother, father, brother,
sister, in-laws, aunt, uncle, nephew, niece, step-parent,
step-child, half-brother and half-sister.
PAGE 14
t
Ile- {
f
r
XXI.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve,
and no portion of the funds received by CONTRACTOR hereunder
shall be used; either directly or indirectly, for any political
activity (including, but not limited to, an activity to further
the election or defeat of any candidate for public office) or any
activity undertaken to influence the passage, defeat or final
content of legislation.
B. None of the performance rendered hereunder shall involve,
and no portion of the funds received by CONTRACTOR hereunder
f shall be used for or applied directly or indirectly to the
y' construction, operation, maintenance or administration, or be
utilized so as to benefit in any manner any sectarian or
religious facility or activity.
XXII.
PUBLICITY 1
A. Where such action is appropriate, as determined by and
upon written approval of CITY, CONTRACTOR shall publicize the
activities conducted by CONTRACTOR under this Contract. In any
news release, sign, brochure, or other advertising medium, '
disseminating information prepared or distributed by or for
CONTRACTOR, mention shall be made of the U.S, Department of
Housing and Urban Development funding through the City of Denton
having made the project possible.
B. All published material and written reports submitted
under this project must be originally developed material unless
otherwise specifically provided in this Contract, When material
not originally developed is included in a report, the report
shall identify the source in the body of the report or by
footnote. This provision is applicable when the material is in a
verbatim or extensive paraphrase format.
I
All published material submitted under this project shall I
include the following reference on the front cover or title pages
This document is prepared in accordance with the
City of Denton's Community Development Block Grant
Program, with funding received from the United
States Department of Housing and Urban Development.
C, All reports, documents, studies, charts, schedules, or
other appended documentation to any proposal, content of basic
proposal, or Contracts and any responses, inquiries, correspon-
PAGE 15
i
-lump
1 f
f
r
r
t
dence and related material submitted by CONTRACTOR, shall become
the property of CITY upon receipt.
XXIII.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR
receives approval of any application for funding from other
y°
sources. The following procedures must be adhered to:
A. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if
any, of such funding or; the funds and program(s) contracted
hereunder. Such notice shall be submitted to CITY, in writing,
within ten (10) working days of receipt of the notice of award or
funding award by CONTRACTOR, together with copies of the budget,
c program description, and contract.
B. CONTRACTOR shall not use funds provided hereunder, either
G directly or indirectly, as a contribution, or to prepare
applications to obtain any federal or private funds under any
federal or private program without the prior written consent of
CITY.
XXIV.
C9ANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of
this Contract shall be by written amendment executed by both
parties, except when the terms of this Contract expressly provide
that another method shall be used.
I B. CONTRACTOR may not make transfers between or among
approved line-items within budget categories set forth in
Exhibit B without prior written approval of CITY. CONTRACTOR
shall request, in writing, the budget revision in a form
prescribed by CITY, and such request for revision shall not
increase the total monetary obligation of CITY under this
Contract. In addition, budget revisions cannot significantly
change the nature, intent, or scope of the program funded under
this Contract.
C. CONTRACTOR will submit revised budget and program
information, whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that
changes in the state, Federal or local laws or regulations
pursuant hereto may occur during the term of this Contract. Any
PAGE 16
'r
I7
i
f
such modifications are to be automatically incorporated into this 1
Contract without written amendment hereto, and shall become a 1
part of the Contract on the effective date specified by the law ;
or regulation.
E. CITY may, from time to time during the term of the
Contract, request changes in Exhibit A which may include an
increase or decrease in the amount of CONTRACTOR'S compensation.
r Such changes shall be incorporated in a written amendment hereto,
asv { as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit S shall require the prior
written approval of CITY.
G. CONTRACTOR agrees to notify CITY in wri'Zing of any
proposed change in physical location for work performed under
this Contract at least thirty (30) calendar days in advance of
the change.
H. CONTRACTOR shall notify CITY of any changes in personnel
or governing board composition.
1. It is expressly understood that neither the performance
of Exhibit A fir any program contracted hereunder nor the
transfer of funds between or among said programs will be
permitted.
XXV.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely
and properly perform each of the requirements, time conditions
and duties provided herein, CITY, without limiting any rights it
may otherwise have, may, at its discretion, and upon ten (10)
working days written notice to CONTRACTOR, withhold further
payments to CONTRACTOR. Such notice may be given by mail to the
Executive Officer and the Board of Directors of CONTRACTOR. The
notice shall set forth the default or failure alleged, and the
action required for cure.
The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event
shall it exceed thirty (30) calendar days. At the end of the
suspension period, if CITY determines the default or deficiency
has been satisfied, CONTRACTOR may be restored to full compliance
status and paid all eligible funds withheld or impounded during
the suspension period. if, however? CITY determines that
CONTRACTOR has not come into compliance, the provisions of
SECTION XXVI may be effectuated.
PAGE 11
i
cr
s
xxvl.
TERMINATION
A. CITY may terminate this Contract with cause for any of
the following reasons: r
(1) CONTRACTOR's failure to attain compliance during
any prescribed period of suspension as provided
;l in Section XXV.
f;
(2) CONTRACTOR's violation of covenants, agreements
or guarantees of this Contract.
~L
(3) Termination or reduction of funding by the
f United States Department of Housing and Urban
Development.
(4) Finding by CITY that CONTRACTOR:
(a) is in such unsatisfactory financial condi-
tion as to endanger performance under this
1 Contract]
(b) has allocated inventory to this Contract
substantially exceeding reasonable require-
mentsp
(c) is delinquent in payment of taxes, or of j
costs of performance of this contract in
the ordinary course of business. '
i
(5) Appointment of a trustee, receiver or liquidator
for all or substantial part of CONTRACTOR'S pro-
perty, or institution of bankruptcy, reorganiza-
tion, rearrangement of or liquidation proceedings
by or against CONTRACTOR.
(6) CONTRACTOR'S inability to conform to changes
required by Feder,+l, State and local laws or
regulations as provided in Section IV, and
Section XXIV (D), of this Contract.
i (7) The commission of an act of bankruptcy. 1
r (8) CONTRACTOR's violation of any law or regulation
M to which CONTRACTOR is bound or shall be bound
under the terms of the Contract.
CITY shall promptly notify CONTRACTOR in writing of the
decision to terminate and th6 effective date of termination.
Simultaneous notice of pending termination maybe made to other
funding sources specified in Ext,ibtt B.
l
PAUE 18
I
i
_N 7-T
r
8, CITY may terminate this Contract for convenience at any
time.
f If this Contract is terminated by CITY for convenience,
CONTRACTOR will be paid at: amount not to exceed the total of
accrued expenditures as of the effective date of termination. In
no event will this compensation exceed an amount which bears the
same ratio to the total compensation as the services actually
performed bears to the total services of CONTRACTOR covered by
the Contract, less payments previously made.
i mart " C. CONTRACTOR may terminate this Contract in whole or in
part, by written notice to CITY, if a termination of outside
funding occurs upon which CONTRACTOR depends for performance
yR hereunder. CONTRACTOR may opt, within the limitations of this
Contract, to seek an alternative funding source, with the
approval of CITY, provided the termination by the outside funding
source was not occasioned by a breach of contract as defined
k.
herein or as defined in a contract between CONTRACTOR and the
funding source in g,iestion.
CONTRACTOR may terminate this Contract upon the dissolu-
tion of CONTRACTOR's organization not occasioned by a breach of
this Contract.
LL' D. Upon receipt of notice to terminate? CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders
f or subcontracts which relate to the performance of this 1
Contract, CITY shall not be liable to CONTRACTOR or CONTRACTOR's
creditors for any expenses, encumbrances or obligations
whatsoever incurred after the termination'date.
E, Notwithstanding any exercise by CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
liability to CITY for damages sustained by CITY by virtue of any
breach of the Contract by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR until such time as the exact amount
of damages due to CITY from CONTRACTOR is alreed upon or
otherwise determined.
XXVII. 1
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is
0 made or brought by any person(s), firm, corporation or other
entity against CONTRACTOR, CONTRACTOR shall give written notice
thereof to CITY within two (Z) working days after being notified
of such claim, demand, suit or other action. Such notice shall
state the date and hour of notification of any such claim,
demand, suit or other action] the names and addresses of the
l
6
PACE 19 1
I
I~
r
person(s), firm, corporation or other entity making such claim,
or that instituted or threatened to institute any type of action
or proceedingp the basis of such claim, action or proceedin91 and
the name of any person(a) against whom such claim is being made
or threatened, Such written notice shall be delivered either
personally or by mail.
XXVIII.
MISCELLANEOUS
A. CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any interest therein, or any claim arising
thereunder, to any party or parties, bank, trust company or other
} financial institution without the prior written approval of CITY.
B. If any provision of this Contract is held to be invalid,
illegal, or unenforceable, the remaining provisions shall remain
in full force and effect and continue to conform to the original
intent of both parties hereto.
"i
XXIX,
INDEMNIFICATION
A. it is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
" contractor and that as such, CONTRACTOR s'iall save and hold CITY,
its officers, agents and employees harmle,js from all liability of
any nature or kind, including costs and expenses for, or on
account of, any claims, audit exceptions, demands, suits or
damages of any character whatsoever resulting in whole or in part I
from the performance or omission of i.ny employee, agent or
representative of CONTRACTOR.
B, CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or
contractors from any and all claims, suits, causes of action,
demands, damages, losses, attorneys fees, sxpenses, and liability
arising out of the use of these contracted funds and program
administration and implementation except to the extent cause by
the willful act or omission of CITY, its agents, employees, or
contractors.
C, In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Contract
a constitute or be construed in any way to be a waiver by CITY of
any breach of covenant or default which may then or subsequently
be committed by CONTRACTOR. Neither shall such payment, act, or
omission in any manner impair or prejudice any right, power,
PAGE 20
~I
4001
privilege, or remedy available to CITY to enforce its rights
hereunder, which rights, powers, privileges, or remedies are
always specifically preserved. No representative or agent of
CITY may waive the effect of this provision,
a
D. This Contract, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to this Contract,
a whether written or oral, shall have no force or effect
whatsoever; nor shall any agreement, assertion, statement,
understanding, or other commitment occurring during the term of
this Contract, or subsequent thereto, have any legal force or
effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Contract.
E. In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Contract or its governing rules,
codes, laws, ordinances or regulations, CITY as the party
ultimately responsible to HUD for matters of compliance, will
have the final authority to render or to secure an interpretation.
F. For purposes of this Contract, all official communica-
tions and notices among the parties shall be deemed made if sent
postage paid to the parties and addrens set for below:
TO CITY: TO CONTRACTORt
i
city manager Tom Krause, .xecutive Director
City of Denton community clinics for Denton
215 E. McKinney St. County
Denton, Texas 76201 121 Piner
Denton, Texas 76201
I
IN WITNESS OF WHICH this Agreement has been executed on this
the day of r 1990.
CITY OF DENTON I
l
r
BY S r LLOYD V. HARRELL, CITY MANAGER
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
{
BYt
4 PAGE 21
I
oll~
WWI
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHe CITY ATTORNEY
'e BY:
x,
COMMUNITY CLINICS FOR DENTON
r'
5 COUNTY
BY.
4 -1
THOMAS W. K USE
( EXECUTIVE DIRECTOR
,y
k.
R.
q.N I
ATTEST:
\nnt
I BOA SECRETARY I
l }
1 13
3 I~1
I r'•
114
~ I
l
i
1 ,
_i
i
PAGE 22
a
a
F W~ 1
a I ti
S
EXHIBIT "A"
PRENATAL CLINIC FOR DENTON COUNTY
A. Description of services to be performed;
CONTRACTOR will perform services 3escribed below in
conformance with th.% attached schedule end budgett
CONTRACTOR will operate a prenatal program at the Prenatal
Clinic for Denton county according to existing legal and
medical regulations. CONTRACTOR will provide servicea to
patients on weekdays from at least 9;00 a.m. to noon and from
1.00 p.m. to 4,00 p.m, except on holidays or when patients
cannot be seen due to st~e:ial circumstances. Services are
provided by appointment only, during or after normal office I
hours, or in scheduled classes. The clinic will be open to
patients at other times as needs dictate. Patients who
require services the clinic cannot provide will be referred
to other qualified medical care providers.
CONTRACTOR will hire a second Certified Nurse Midwife (CNM)
on a full time basis who will be subject to the benefits,
working hours, and other rules of the Community Clinics for
Denton County. This CNM will be hired and will be employed
as of September 10 1990. This person will be appropriately
credentialed. This employee shall provide prenatal care Co
patients.
CONTRACTOR will maintain a waiting list for those individuals
who app'y for care at the clinic. As all prenatal care is
provided by appointment only, the clinic will not provide
"drop in service" although the specific circumstances of each
patient will be taken into consideration when scheduling, To
be eligible for care, the patient must demonstrate that she
is eligible for Medicaid, WIC, or are otherwise unable to
acquire adequate prenatal care through other means.
PAGE 23
f
III
00
owl
EXHIBIT 'B'
PRENATAL CLINIC FOR DENTON COUNTY
r
41k BUDGET FOR COMMUNITY DEVELOPMENT BLOCK GRANT
rF'
A. Funding of a portion of a salary for a Certified Nurse
Midwife:
P
For the period of September 1, 1990 to August 31,
'!t 1991 the amount of $24,950 shall be used to pay a
Y? portion of the annual sa]3ry of a Certified Nurse
tk Midwife. The estimated annual total salary at the
time of submission was $36,000, not including taxes
or benefits. We spend $2,079.17 per month of this
money toward payment of this salary.
B. The remainder of funding for this position will come from
existing grant funding and from program generated revenues as
h, determined by the clinic.
t rY
. r,
4 C
PAGE 24
rv~~
I
(1i'I!
Yfh i
141Y
i
~ Y
`{I
R
i
i
I
i
I
,
r,L
j
j~t
4 11
I 1
t