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HomeMy WebLinkAbout03-05-1991 7 a AGENDA CITY OF DENTON CITY COUNCIL March 5, 19910 Work Session of the City of Denton City Council on Tuesdays Marc S. Hall, 215 19E. McKinney, pDmnton, the Civil Dwh~+nhe the o following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 515 p.m. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 1. Consider action in County vs,-City. t. 2. Receive legal advise regarding qualifications of Candidates and Council r., Members. B. Real Estate Under Sec. 2(f), Art. 6252-17. V.A.T.S. k ointments tender Sao. 2(g)o C. Personnel/Board APP Art 6252-17 V.A.T.S. 1. Consider appointments to the Building 646 ' Board, Community Development Block Gtak Committee, the Electrical Code Board," the Historic Landmark Commission, the W01:i1i services Cou,eittee, the Aninal Sheitut Advisory Committee, the Siue Ribbon committee for storm water utility and 'Ehe sign Board of Appeals. 5:30 p.b. s 3 2, Receive a report and hold a discussion regarding library renovations. Receive a repport and hold a discussion regarding proposed revisione to the sign ordinance. proposed eceive a report and hold a discussion regarding i ` 4, R of r ordinancedbing, and 3 Mechanical revisions Chapters of the the Code Electricals 1 , r w t. t h x r I m 1 r' i Is 1 City of Denton City Council Agenda March S. 1991 v Pago 2 Receive a report and hold a discussion regarding a Legislative Update. Regular Meeting of the City of Denton City Council on Tuesday, Match 5, 1991, 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: 7100 p.m. 1, Pledge of Allegiance 10 2, consider approval of the minutes of the Regular Sessions of February 5 and February 19, 1991. „ Receive and open bids regarding the City of Denton 3. X590,000, Series 1941, certificates of Obligation. f 4. Consider approval of a resolution of appreciation for Billy Carroll. 5, Consider approval of a resolution of appreciation for Albert Hampton. 61 Consider approval of a resolution of appreciation for Annette Watkins. > 7, Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of covin~t r Certificates of Obligation, Series 1991, and app and authorizing instruments and procedures relating thereto. Consider adoption of an ordinance with regards to the 8. annexation of 1367.12 acres of land located north of Crawford Road at Sethe cond nReading) b Of llrPlanning and ; 1-3614 (A-59 - ~ zoning Commission recommends approval.) 9. Public Hearings ; A. Hold a public hearing concerning the proposed sale of the City's commercial solid waste syetemo proposed closure of the City landfill within approximately 1B months, and proposed contract for construction and use of a transfer station to be built and operated by Waste Management of Texas, Inc. F x, T t ` City of Denton City Council Agenda March 5, 1991 Page 3 i 1. Consider approval of a resolution i establishing the intent of the City Council system, to sestsolid ablish waste e contract commercial service ! disposal management xand construct and ioperate a transfer station. 2. Consider approval of a resolution finding and determining that the city of Denton shall be the exclusive provider of solid waste service in the City of Denton E effective October, 1991. B, Hold a public hearing and consider adoption of an A` ordinance approving the rezoning and gensrAl , F, concept plan of a 450.2 acre tract from Agricultural District to Planned Development District on property located on the east side of 1-35W, bounded by Bonnie Brae, Roark Branch, and Hickory Creek for a mixed-use development, (Planning and Zoning recommends approval,) Z-90-014 C. Hold a public hearing and c<,isider adoption of an ordinance approving the re~.,A nq and a.general concept map of a 920.4 acre tract from % Agricultural District to Planned Development District on property located on the east side 'of t-35M, bounded by Roark Branch, Allred Road, Highway 377 and 1-35tilndfOZoning Commission s* and development. (Planning recommends approval.) 2-90-013 10, Receive a citizen report from Brian Nuebling regarding ' the Fry Street lair. Receive a citizen report from the Fry Street ii. Merchant's Association regarding the Pry Street Fair, i 12, Consent Agenda Each of these items is recommended by the Staff and 1 approval thereof will be strictly on the basis of the Staff recommer,~atins. Approval of the Consent Agenda authorizes the City ordonce g with o the Staff recommendatinsplement each !teat in aco I 'r , 17 I i 1 h i E City of Denton City Council Agenda March 5, 1991 Page 4 j 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 13.A, 13.B, 13.C). This listing is discuss provided any on the Item prior Consent Agenda to to approval ot the ordinance. j A. Bids and Purchase orders: ' 1. Bid #1162 - Reroof City Municipal Building ` 2. Bid #1163 - Reroof Central Fire Station {T i 3. P.O. #11982 - J b 8 Equipment 4. P.O. #12204 - T b R Electric B. Tax Refunds 1. Consider approval of a tax refund to Sunbelt r( Savings Association of Texas for $4,419.48. 2. Consider approve] of a tax refund to Dale E. Yeatts Lot !1,107.64.: 13. Ordinances A. Consider adoption of an ordinance accepting 3 competitive bids and providing for the award of , contracts for public works or improvements. (12.A.1. - Bid #1162, 12.A.2. - Bid 01163) r B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases E of materials, equipment, supplies or services is accordance with the provisions of state law exempting such purchases from requirements of i competitive bids. (12.A.3. - P.O. 011982; 12.A.4. - P.O. #12204) C. Consider adoption of an ordinance accepting i competitive bids and providing for the award of j I contracts for the purchase of materials, equipment, supplies or services. (Bid 11220 2 ! Refuse Trucks) D. Consider adoption of an ordinance approving i amended fees and charges fc,c overdue books and materials for the Emily Fowler Library. (The Library board recommends approval.) i 1 ,A . fig;?H 'yll f i City of Denton city council Agenda March 5, 1991 Page 5 E. Consider adoption of an ordinance establishing cost for street lighting services pursuant to Section 25-21 of Chapter 25 of the Code of ordinances and repealing ordinances in conflict therewith. (The Public Utilities Board recommends approval.) t F. Consider adoption of an ordinance providing for a change from Agricultural "A° to office "O" zoning district classification and use designation for + 225,000 square feet of land located on Bonnie Brae street; and providing fo: a penalty in the maximum amount of $2,000 for violations thereof. Z-90-015 0. Consider adoption of an ordinance approving a settlement agreement in pyson v City of Denton. ; t14. Resolutions M a A. Consider approval of a resolution temporarily closing Fry Street between the intersection of 1 Oak Street and Hickory Street on Sunday, April 14, 1991 for the Fry street Fair. B. Consider approval of a resolution authorizing the submission of an application to the Texas i Criminal Justice Division requestinq continued funding for a drug abuse resistance education officer. (D.A.R,E. Program) C. Consider approval of a resolution accepting Minute Order 91218 adopted by the Texas Highway } Commission regarding improvements to U.S. 377 E1 from interstate Highway 35-E to U. S. Highway 77 (Collins Street). D. Consider approval of a resolution supporting the 1 proposed extension of Loop 288 from the existing Loop 288 to FM 2181 and encouraging the State E Highway and Public Transportation commission to designate the proposed extension of Loop 288 as a State Highway. E, Consider approval of a resolution authorizing the City Manager to execute a lease between the City of Denton and the Federal Aviation Administration for land at the Denton Municipal Airport for the localizar, glide slope, middle marker, and medium intensity approach lighting system with runway alignment (MALSR). ~ 1 I w Owl I i City of Denton City Council Agenda March 5, 1991 Page 6 F. Consider approval of a resolution of the City Council of the City of Denton, Texas recognizing the petition of Flow Regional Medical Center, Inc. to be designated as the recipient non-profit organization to continue existence and administer k assets in lieu of dissolution of the former Flow Memorial Hospital. 15. Miscellaneous matters from the City Manager. 16, official Action on Executive Session Items: A. Legal Matters B. Real Estate 1 C. Personnel fI D. Board Appointments y. r 17. New Business: { This iten provides a section for Council Members to suggest items for future agendas, le, Executive Session: f A. Legal Matters Under Sea. 2(e), Art, 6252-17 V.A.T.S. 11 B. Real Estate Under Sec. 2(f), Art, 6262-17 t V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT r; c IS LEGALLY PERMISSIBLE. r. C E R T I F I C A T E I certify that the above notice of :meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1991 at o'clock J 33S6C CITY SECRETARY r'+• 9 LIA MEMORANDUM TOs BETTY MCKEANs EXECUTIVE DIRECTOR MUNICIPAL SERVICES 6 ECONOMIC DEVELOPMENT FROM, JOELLA ORR, LIBRARY DIRECTOR SUBJr LIBRARY RENOVATION DATEr February 14, 1991 s On January 17, 1991, the Denton Library Board unanimously voted to recommend, to the Denton City Council that part of the bond funds sold for the'Library.be used for renovation/improvement of the present building. The 1986 voter bond issue provided for some renovation of the present library along with construction of a new library building, Although the funds for the new construction have been frozen, the Library Board feels an urgency to proceed with the renovation of the present building. The attached minutes reflect a tabling of the original building model items, However, additional information has been received. As a results the board was polled on February 1, 1991, and unanimously voted to accept the $6,060; estimate for a model of the new library building. Below is a list of Items.. that have been authorized by the Library Board, ORIGINAL VOTER BOND ISSUE - S1s000s000 BOND BALE TO-DATE - f 1000000 14 To-Date Expenditures ;38,721 2. Site Development not to exceed 810000 3. Drawingo future building not to exceed 6io00 Move ramp not to exceed 7,000 S. Entryway not to exceed 1050 6. Carpet not to exceed 820200 71 Furniture (see attached) not to exceed 19499 Total $239,017 i Ir - w I i` I I I I Betty McKean February 141 1991 Page 2 The Library Board Chairman and I will be present to respond to queationi:of Council regarding overall plans for renovation/refurbishing of the library. Some individual items will return to Council ar:final bid recoaueendationao Please call if I may be of assistance prior to the City Council meeting, r cL JOLLLA ORR JOija 1996H 1 i t r i ~ r a I I I I I I DRAFT MINUTES SPECIAL CALLED HEE'D'ING DENTON LIBRARY BOARD JANUARY 17, 1991 Presenti Ed Coomess Jean Glasgow, Mary Jo Pickens, Ted Maines, Dorothy Adkins, Jean Schaake, Hugh Ayer, Betty MCKeans Rick Svehla and and Joella Orr. Absent, Margret Chrisman. McKean presented a map of the proposed development of the library site Betty at Lillian Miller Parkway and Teasley Lane. Along with the map, a memorandum reminding the Board of the site selection criteria recommended by Haw,' Ino., Library Consultants was included. Rick Svehla reviewed the background of,the" land acquisition CeS? sibilltyr for 1ydevRublic elopmentabetweenBthe'LibrarygandLCity division of the real McKean asked the Board to approve the site and Fire Department. Betty authorise staff to obtain an architectural drawing in order ~he better minoluded ' p additional funds for the construction of the building. preliminary estimated Phase 1 library construction costs for rives, allianngd parking lots public sidewalk, S" sewer line, and 6" =81,000. City The motion was made by Ted Haines that the Library rec mmavto tb a bond Council that these plans be accepted and the Library pay from Pickens, he emotions pacosts ssed aunanimously. The mmap, selectionnacriter a,yand money its shar of site preparation costs are attached. Joella Orr presented a memorandum of suggested library expenditures in the areas of new site development Keanimprovements regarding the 'legal implications of Discussion was held with Betty of th he date of The Boardewasnassured thateanoexpanded expenditureyschedule teas acclptableito ears of Thu the City Finance Director and the City Attorney. Betty McKean explained the procedure for formal recommendation of these expenditures upon final review and approval of the Board. The motion was made by Jean Schaaka to table the item recommending TedgMaineslm^hu co in o`mation was available, The mots of waseseconded byildin cost at info motion passed unanimously. M 1 A I Minutes Special Called Meeting January 17, 1991 Page -2- j The Board discussed the following library expenditures (see attached). Ted Mainea moved that we recommend approval to the City Council oni item 1 - Moving the Rampr not to exceed g7r000 item S - Redesign of entryway, not to exceed $41950. Jean Schaake seconded the motion. The motion passed unanimously. On item 6, new car?et. Ted Mainea moved and Mary Jo Pickens seconded that we recommend to the City Council the expenditure of no more than i820200 for, nelJ, carpet. The motion passed unanimously. + Ted Maines moved that item 7, furniture for present library# be rejected.; The fl motion died for lack of second. Jean Schaake moved that Item,? be acceptedd' ; Dorothy Adkins seconded the motion. The motion passed unanimously.' The minutes of the November 60 1990 Regular Meeting were approved with editorial changes. Ed Coomes reported that Linnie McAdams was elected as a Delegate, from Texas Library Association and Texas State Library to the White House Conference on Library and Information. Arrangements were discussed for members) Mary Jo Pickens ;ad Jean Glasgow, to attend Texas Legislative Day in Austin on February 13, 1991. With no further business, the meeting adjourned at 9100 penis Attact.ment 1989H/Js 011091 'fin DATE: 09/05/91 CITY COUNCIL REPORT FORMAT ✓ ~ `r f TOt Mayor and Members of the City Council 3 FROM: Lloyd V. Harrellt City Manager SUBJECT: 6ION ORDINANCE AMENDMENTS RECOMMENDATION: The planning and Boning commission has expressed a positive noted on Attachment 2. An ordinance will be prepared consensus as for their public hearing and consideration of a recommendation to r you. x Staff is seeking a Council consensus to prepare an ordinance in accordance with the Planning and Zoning recommendations. X:'= a ; s SUMMARY: See Attachments 1 and 2. .S Proposed schedulet March 5 Council discussion .F March 6 Planning and toning discusses amendments. March 20 planning and Zoning holds public hearing and considers ordinance. April 2 Council holds public hearing and considers ordinances BACKOROUJDt t ~ October ISO 1985 New sign ordinance adopted. f rr Beautification Task Force proposes new sign October, 1981 !s• ordinance, February 7, 1969 New sign ordinance adopted. ' October 30 1989 Council requests review of setback standards, comprehensive review of 1989 ordinance begins, November 7, 1989 Sign setback standards emended. November 220 1969 planning and zoning discusses sign ordinance amendment process it November 27, 1989 Beautification Task Force discusses sign ordinance amendments" I. ' to public hearing made to ell November 28, 1969 1 vitation owners, sign t December 13, 1989 Planning and toning holds public hearing. ' 3+ .14 t~ ry„ E Mayor and Members of the city Council match 5, 1991 page 2 BACKGROUNDS (Continued) I January 10, 1990 planning and Zoning hj Ida sign ordinance ' workshop and liscuaeea major issues. February 6, 1990 Council discusses process and mayor issues in work session. 1 ` adopt work program. February 280 1990 Planning and Zoning March 171 1990 Planning and Zoning recommends amendments to. enable SDBPT certification. V April 1990 Sign Task Force with representatives from sign owners and Governmental Affairs begin to meet. Council amends for SDBPT certification. April 3, 1990 May, 1990 Staff discussions with Beautification Task V,. Force and Governmental Affairs committee 1 'City Views' article published. May -September, 1990 staff works individually and collectiLely with Sign Task Force and Beautification 'task Force. z~. 3 ~ r Sign Task Force and DeauttEtcatLon Taek'Porce Jer, August 21 1990 + meet. y , 1 JJ`r w 4 Aug'jet 7, 1990 Off-premise sign fee ordinance adopted, October 11, 1990 Amendments for measuring sign height and t, appeals board formation briefed to Governmental Affairs. October 241 1990 Planning and Zoning recommends height measure y.N and appeals board amendments, November 20, 1990 Council passes height measurement and boa.;d sign amendments, November 1990 - February 1991 Subcommittee of Beautification Task Force And sign Task Force meet eight times for up to z, five hours pet meeting, February 13, 1991 Planning and Zoning public hearing on ^r' concepts. I , s Pik<: ..,R`. y ' t, i " ♦ r I i i°' z. . n,er_y'4eJMw:.u+.ni w.Y...,.n r .t'Gi~{''.~'.. _ - 1 _._r•'~a. xi: d's. ~'sarri`:I..,-3~~.. f. 1 Mayor and Members of the City Council March 5, 1991 page 3 PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDI Everyone who sees Denton. FISCAL IMPACTS None etfua tted• % "I IF L10 V. Harrell i. , prepared bys City Manager A roveds Frank H. Ro ins, AICP EXOCUtlV• Director Planning and DaYelopment ~ tl N Attachmentss~ 1. summary of most significant amendments. t. Sign Issues. Summary and comparison of ideas discussed, Current a Wei and planning and toning recommendation. stand 34 Planning Department draft showing location of proposed smlMmrnts. } , 4. Comparison of other cities' standards. 1 5. Pit minutes ILL 3687k t l k ~f K t' ' l h t r 4 F e~ a 4 SPO 1 ATTACHMENT 1 f r6ST SIGNIFICANT PROPOSED AMENHMENTS SIZE AND HEIGHT ON ARTERIAL STREETS! Current standard s: - t. to 1, 60 sq. ft. ` Proposed: Primary arterials: 20 ft. and 60 sq. ft. with a r 20 ft. setback or 15 ft. and 60 sq. ft. with a 15 ' ft. setback. Secondary arterials: 6 ft. tall, 60 sq. ft. in size, 20 ft. setback (no change) SIGNS WITH MULTIPLE FACES: ' Current standard -is : Measure around all signs, including the air space. Proposed: With 3 ft. separation between faces, add the sign faces together for effective area. "Air space" not included. MULTIPLE OCCUPANT SIGN: d' Current standard s: There is no standard. y.p Proposed: 60 sq. ft. base size and SO sq. ft. per occupant, up x to 150 sq. ft. In site. ROOF SIGNS: Cu rent standard is: 60 sq, ft. maximum size.? 1 Proposed: 60 sq. ft. for one story plus 15 sq. ft. per story up 1 to 2SO sq. ft. maximum. INFLATABLE DEVICES (BALLOONS): urient~ar is: Not Proposed: No taller than 30 ft. on the ground or 10 Et. above the buildin 1 permit per business per year for 14 days. No j regulation hr balloons less than 4 sq. Et. in size. FLAGS: Current standard is: U.S., State and Corporate flags allowed. Proposed: Allow official business flags with State and U.S. ' flags. Not Just for registered corporations. r, LICENSE: r current standard is: License valid for one year. t Proposed: Extend license poriod to 2 years. GROUND SIGN MATERIAL: r current stars ar s: Face or message portion not more than got plastic. Proposed: Eliminate material standards for ground signs. WALL SIGNSt ui rreK7 standard is: No permit required. Proposed: Permit will signs taller than IS feet. r. RESIDENTIAL SEPARATION: rren standard Is, l0U ~ 200 or 500 foot separation depending ~ current I on the type of illumination. Proposed: If sign can t be seen from residential area, no { separation from the residential area, Require orientation of illumination to be away from residential area, or be screened. . } i _ ✓Y 1 SW v 1 v 1 t a: SIGNIFICANT PROPOSED AMENDMENTS PAGE TWO SPECIAL SIGN DISTRICTS: ' urrent s: of enabled. Proposed: Enable special sign districts. ABANDONED SUPPORTING STRUCTURES: current Stan ar s: No standard. z Proposed: Require removal of abandoned supporting structures, ,i 1 I r r t r,' r i P P~ y" ~ ~ i ' r Ads ~ 1 z i A R i J y t , l 1 /A 3 .p{G t i i f ( t r n1 { { Y 2SSSx ' . ....ate t i ATTACHMENT 2 SIGN ISSUES 1. Current Rules - This column states what the current rules_ are, 2, Alternatives/Issues Discussed - This column includes the ; Issues and alternatives that were discussed during the y scheduled meetings of the sign subcomittee and the Planning and Zoning Commission, r Y` I. Planning and Zoning Commission Recommendation. 4. "Ordinance" cross reference - Notes the pAge of the ordinance-like docuroint where the amendment would be made. ♦R l Fri' V. Yak y r,, l I° i r fj l I . r ` III ~ `6 2-1 y r ;i+ ale ; . „ _ p...r,R 1 ~ SIGH ISSUES Alternatives/Issues planning and Zoning Commission 'ordinance' Current Rules Discussed Recommendation Cross Reference 4 E Attached Sign Definition - To include the words 'but As discussed. Page i Attached Sign means any Sign not limited to' after the 1 attached to, on or supported by words 'such as' in the j E any part of a building (such as definition* f a wall, root, window, canopy, i. awning or marquee) which encloses <<<: or covers usable space. Wall, } roof, and projecting signs shall { be considered attached signs. i ; Definition of Sign - Sign means Allow a change in the Definition of Sign - Sign means pages 1 i t and includes any surface, fabric, definition of a sign to and includes any surface# material, or device visible from read: Sign means any fabric, material, or device any public street, which bears or device, flag, light, visible from any public street# is used to display any letter, figure, picture, letter, which bears or is used to dia- word, figure, character, mark, word, message, symbol, or play any letter, word, figure, N I design, picture, illustration, poster, which is used for character, mark, designs pic- light, insignia, or information advertising and which is turf, illustration, light, FI•. for advertising. 00ne sign' or visible from the public insignia, or information or f' 'a sign' means any number of streete which is otherwise used, with signs located on or supported by or without letters, pictures, symbols, etca for advertisingo k a single or common supporting 'One sign' or 'a sign' means structure. any number of signs located on j ;Fr or supported by a single or common supporting structure.. <r, 1 <1 , X? s Definition of Stake Sign - Stake Deletion of the word As discussed. page4 sign means a sign whose principal 'principal' in the stake i defi supporting structure is so de nition of the signed or shaped, usually by sign. ~ making one end pointed, so as to be arscted and used by pushing, {4' pounding,, hammering or forcing i it into the ground so as to allow { quick and easy placement, removal „I or relocation. r, l r ~ Sign Issues jj Page 2 of 12 E Alternatives/Issues Planning and zoning commission 'ordinance' a Current Rules Discussed Recommendation Crone Reference Stake Signs - No stake sign Alternatives discussed in- Allow effective area to remain page 20 shall be larger than thirty two cludedf 1) A decrease in at thirty two (32) square feet (32) equate feet in effective size to 16 square feet, and set a standard for the area. No stake sign shall be 2) Decreasing the size of structure to be 2' x 4' max- located within any public street the supporting structure to imum with no digging allowed median or within ten (10) feet two inch diameter, They for the structure(s)a of any curbline. Any stake sign also discussed the consider- Stafff The effect of this advertising the sale of real able enforcement problems standard will only marginally estate, election or event must be that have been occurring4 solve the enforcement problem, taken down within ten days after 3) Rtgulnting by message or 1 the happening. No more than one content of the sign, a,g „ off premise sign per premise for temporary political signs, the sale of real estate. real estate signs, construc- tion signs. 4) Add a time s limit for stake signs. ' There is currently no category Add a new category for New category for temporary Page 20 M or definition for temporary temporary signs. signs. n signs. Signs Not Regulated - Deletion of religious Change in Holiday and Religious Page 5 lrr1 Holiday or Religious Signs. signs so as to not make signs tof Holiday Signal, l Temporary holiday or religious religious signs exempt Temporary signs giving holiday ve1° signs without commercial ad- from the ordinance and to related messages, such as E 411 vertisinq, maintain the City's content 'Kerry Christmas' and without'-, neutral ruled commercial Advertising. signs Not Regulated Add the words 'but not As discussed, Page 5 „ Private Traffic Control limited to' after the 2 On-premise signs which direct words 'such W, the movement of traffic on private property (such as entrance and exit signs)) or warn of obstacles, overhead clearances) or control parkingf provided that such signs era less than 10 feet in effective 2237x/15 I'C Y 1~ Yy Roo 1 f is'. i Sign issues Page 3 of 12 Alternatives/Issues I Planning and Zoning Commission I "Ordinance" Current Rules I Discussed I Recommendation I Cross Reference 1 area, are less than 6 feet in I SEE PAGE TWO I SEE PAGE TWO i SEP PAGE TWO { height, are not placed so as tol I l interfere with the safe move- { I I meat of vehicles or pedes- I trians. I I I There are currently no standards { Add signs on the field I As discussed. I Page 6 j that refer to exceptions for I side of scoreboards and ` I signs on scoreboards or ball I ball field fences. { I field fences. I Signs or lights on amusement I Add to the "Signs not Regu- I As discussed. I Page 6 I { rides not addressed. I lated" sections signs and ' I { lights on amusement rides. I { t' I Signs in Public Easements. I Discussions included add- I As discussed. 1 Page 6 I ] Signs in public easements are I ition of signs in public I not currently addressed. I easements to the Prohib- ited Signs section. It I Pa ae b ] ' . 1 ( Inflatable devices - There are I Alternatives discussed in- I The P62 recommended the follow-1 I currently no standard for infix- I cludedt 1) not regulating { Ingo 1) not regulating In I and 21 I table devices as they are pro- {signs lees than 4 square I flatable device signs less than hibited, feet. 2) allowing inflat- 14 square feat, 2) allow I able devices with a maximum I flatable devices with a maxisual 1 height of 10 feet above the I height of 10 feet above the I I ~xl E I roof (when placed on the I roof (when placed on the roof) roof) or 30 feet above the I or 30 feet above the ground (I I ground when secured to the I when secured to the grounds I I, I round. 3) re uiria a 13) require a maximum of one I { g -a a r, 2237s/15 . It I s A l I • .1 i r Sign Issues j page 4 of 12 i` { Alternatives/Issues 1 Planning and Zoning Commisaion 1 "Ordinance" 4 Current Rules 1 Discussed { Recommendation 1 Cross Reference 1 I { permit, valid for 14 days, per SEE PACE THREE { Inflatable devices 1 maximum of one permits calendar year, per business. I k (continued) k valid for 14 days, pe I I I 1 calendar year. 4) whether 1 I 1 1 I permits should be issued per 1 I business or per premise. 1 1 { 1 5) various heights. I k k { 6) allowing or not allowing I 1 k 1 on buildings. 7) safety k 1 k issues were addressed. I I I k ~ 1 I j r, Hind Device Signs - No person 1 Alternatives discussed were I No change. Add a fee of $20 to{ Page 20 (I k shall display one or more wind { as followst a) 6 permits { cover permitting and enforce- 1 { device signs on any premise with-1 per year for 15 days each 1 lent coats. I 1 out first apply for and receiving) with a 30 day separation A 1 k a permit. No more than three 1 between each permit. I { permits for any one premise shall{ distinction between peaeantsk k k III { k be issued in a calendar year4 streamers, banners, etce ev 1 Each permit shall be valid for I c) Peeaante, etreamera, and k k 30 days. I balloons not exceeding 36 I I k I inches in greatest dimensionk I I are exempt* d) The number 1 s 1 of permits for a number i of days. I I k {Corporate Flags - Only one ground{ The differeecen of adverti- I Allow business flags. { sign fay be used :o advertise a 1 sing a name of a business o_ I registered corpo'.ats logo on any 1 versus the product, and { . business preei6.. The maximum { allowing a business logo or I { effective area allowed is fifty {same flag where there to not) I square feet with a maximum height a registered corporate logo.k k of 30 feet. I 1 { I' Page 1 Licensing - It shall be unlsx- ! 1) Require all who erect a k No change, f~ t ful for any person to erect, I sign to have a license. ' construct, place, locate, recon- 1 2) Require only eign comp- I ` k attuct to it re lace or I antes to be licensed. I '237s s r f , II t '1. till ~ . o i . ~r*µ'n !&a 4 1 ! f Sign issues I page 5 of 12 Alternatives/Issues I Planning and Zoning Commission I Croa9 Reference I Discussed I Recommendation I I Current Rules 1 ` I 1 service any ground, roof, or 13) license required, SEE PAGE FOUR SEE PAGE FOUR Projecting sign for compeasation { I without first having obtained a I l license for such work from the I Building Official as provided j herein. The provisions of the I { section requiring a license for I I { such work shall not apply to an I I I person holding a of a employee license under this section. I { I making I Alternatives discussed were I Licenses to be valid for two i Page 7 I I Licensing - Any peraow application for a license shall I as follows I{ yearsa be issued a license, valid for 11) 1 year license, one year, upon paying the 12) 2 year license. I { applicable fee and passing a 13) No license, I I i. ! written examination testing the I I I 1 `i I applicaat's general knowledge of I the provisions of this article. I -r The examination sball be admini- I { stered in accordance with the I I { rules and procedures eateblirhed i I fsrA,, by the Building Official. { + Exceptions to permit seed weretl Wall signs less than 15 feet Page g I permits - Alternatives diecu Re are I in height remain as exceptions Nall sig nag 1) All wall signs that j i quiresent. M, Legal notices, and building I less than 15 feet in height I and all other signs, including address nusbera. I to be an exception. 2) All I wall 01908, over IS feat be re-I tk! ` well signs over 15 feet in I quired to follow the perritti09 { I {height would be parrieted, requirementat 3) Limit wall signs to a I { percentage of the building ` I wall area. 4) Height was I { { considered from 10 to 15 I I ' { I feet. ISSVEi Enforcing I I I illuminated wall sign sta0- I I i; I dard without permitting. l , l . 2 z; , r Vr~ } r, y t ` sign issues page 6 of 12 Alternatives/Issues i Planning and Zoning Commission I "Ordinance" I Discussed Recommendation I Cross Reference Current Rules page 14 j I Maintenance. It shall be ! signs. It shall ~ be eunlavful! As discussed. Sign I unlawful for any person to erect,) Signgnss. I 4 I locate, or maintain any dilap• I for any person to erect, I i j I idated or deteriorated eiga. I locate, or keep any dilap- I ` idated or deteriorated sign-1 I I of rtable I Add the following sentences to I Page 10 Portable Signs - The current 11) Allow repair o po I the portable sign sections I l standards limit the movement, I signs at another premise, nos-conforming portable I anchoring, and the registration 12) Allow changing the faces 1 Any of all portable signs within the I of portable signs, 3) No I eiga, including its supporting city li>tits. i change. ( structure, which is destroyed, , I I damaged, dilapidated or deter- J , I I ISSUE1 Removal by attrition` inrwhole orain partbeitesuch psitedil I of portable signs. } J repair would require an expen- I ; P I I diture of monies in excess of ( N sixty percent (60x) of the I I reproduction cost of a new I ' `f I eiga, including its supporting I structure. No other face I f• I! changes are allowed excopt for I I 1 I the purpose of exchanging l I letters in the messages. I IL: Pa{io 10 I Thera ere currently no standards I Enforcement problems that I No change in the standards. ' r that e110w for the removal of a I would be associated with { I ` portable sign, from a premise, I the proposal and the desire !r Zf for the purpose of maintenance. ` to continua decreasing the r I number of portable sign.. I I` Allow for a 3-3 day grace 1 I <i } e`i ( period to remove a portable I ` a sitn from a premise, repair I or maintain it, then return it to the same premise. I I r f ;r 22379/19 kF r . t A.4, y "dF Sign Issues Page 7 of 12 Alteraatives/Issues I Planning and Zoning Commission "ordinance" casdReference i Discussed I Recommendation I I current Rules 1) Have t 801. p2)cHave gpercentage I -Material eforcGround Signs'. Page 11 b 14 I Materials for Ground Signshoae I a ` All ground signs, except ` ground signs located on a premise be moved to 95%. 3) Delete i which has frontage upon U.S. standard. I ! l interstate Highway 35N, 358, 35W,4 I I or State Highway Loop 288, shall I I constructed of stones concrete, I I brick, routed wood planks or I I beams, or metal, or similar I I I materials. The face or message I I I portion of the sign may include I I I plastic material if it does not { I I ] I encompass more than 80% of the I I ` s { effective area of the sign and I I I the plastic saterial used is :l framed b stones concrete, brick,) °o € by routed wood planks or beams, or i I r I metal, or similar materials. r i As discussed. Psge 15' I ROOF Sign effect4.ve area - The I Size variables similar to { current roof sign standards allowI the height variable. The a, for a roof sign to be 60 square I site would be determined I i feet. The height of the sign I based on the number of varies with the height of the stories, es follows$ `I E building and is calculated as a One story 60 eqa it. I percentage of sucks to a maxisum f Two as stories story above s 9s ft- two of 40 feet tall. F I ! I stories, the sign area may I I 1 Increase by 15 square feet I I ~'S I per story, not to exceed I 250 square feet in site. I , . i r x . r F Sign Issues ` Pegs 8 of 12 ~ ` I Alternatives/issues I Planning and Zoning Comuisaioa I "Ordinance" I I Discussed I Recommendation I Cross Reference Current Rules I Projection Beyond Roof. I Rewrite to be clearer. I PH recommended rewriting the I Page 151 16 f l section to enable easier I A yrojectiog sign shall not be I l understanding and to add an l erected on the wall of any I ` illustration. building so as to project above I the roof or parapet wall, or I I I l I above the roof level where there I I I I l is no parapet wall; except, a I I I i sign erected at a riw-t angle to I I the building, which does not ax- tend eighteen inches beyond the I wall, may be erected to a height I I I # not exceeding two feet above the I k E roof or parapet wall or above thel i I i roof level where there is no l I l parapet wall. A sign attached tol a corner of a building and para- I I I I llel to the vertical line of suchl I I o+ I corner, shall be deemed to be I l f N I erected at a right angle to the ` I 1 l building wall. I I I a No change. Page 13 I Spacing Requirements - Off- o Decrease to 500 ft. I premise Signs. No off-premiae o No change. I I { Is , I ground sign shall be located I I I I,' within 1500 feet of another off- I I I premise ground sign on the same s,. I I aide of a public street. 1 Signs and Residential Structures-I Alternatives that were die- I The Committee's recommendation I Pate 13, 14 Signs over 10 feet in height 1 cussed includedt a) Add I is for the section to read as ` ,i' + which are not located on the 1 wall signa over 15 feet to I follow$$ Signs over 10 feet I I"' I Sams promise where there is a I be exempt. b) Measuring I or wall signs over 15 feat in I i residential structure, shall I the distance from six feet I height which are not located on maintain the following setbacks I above the ground at the I the adore precise wh•ns tehere ad ie~ from the boundary of s resides- property line. c) Have the I a residential etruct tial toning district or premise setback requirements apply I whose face can be seen from an ! Pr~'< used for residential purposest I only to the existing condi- { existing residential structure l 1 rt; I Non-illuminated 100 feet l tioass d) Use light meters I or district shall oaiataisi the i f ; 2237X/21 .r 1 Y` r y _ a. is •.e i Sign Issues page 9 of 12 current Rules s/issues Planning and Boning Commission cro'Ordinance" Referenoe Recommendation cussed t4A tive Internally Illuminated 200ring lumens. eTo following setbacks from the Page 1i externally Illuminated 500 ordinance reads boundary of a residential ns over 15 feet, or zoning district or a premise ns over 30 Eeet in used principally for reaiden- hich are not located tial purposes1 on the same premise where Non-Illuminated 100 feet there is a residential Internally illuminated 200 feet structure and whose face can Externally Illuminated 500 feet be seen from an existing The measurement shall be made residential structure or from six feet in height above district shall maintain the ground level at the property the following setbacks from line* Require illuminated the boundary of a residen- sign's lighting or glare to be tial zoning district or a directed away or screened from premise used principally for residential areas residential purposeai Non-Illuminated 100 feet o Internally rl illuminated 200 feet Externally illuminated 500 feet Effective Area and Haight - A number of alternatives increase the height of signs page 12 i 13' on primary arteriale to 20 feat k The currant standard varies with considered included the zoning district, the street a.l Retrain the 16 a 60' with an effective area of 60 frontage$ and the type of attests standard tot all promises square toot, Signs on second. that front the propertyi !or on secondary arterials, ary arteriala will have a } t` +xamplei the ordinance may be collectors, and local height of 6 feet with an Wde- # six feel in height and SO Square SttaetS# b') tot promises tive area be made ftotthg j 1- feet in a residential district, with frontage on primary but Increases to 40 feet in arterials, replace the height of signs On t-35r Loop height and 2S0 square feet on $00 foot frontage street ie`, of on local or collector the interstate* standard that allows a sl 120' sign with a Multiple occupant sign stin- sliding seals standard dards Wads based on total frontage* same Sigel 60 ago (t( plus c,) Retain the 06 i 60 50 ago its for each occupant standard as the minimum u to a razimum of 150 ftr 237x 22~W V 7s 17 1. A bit: . fKU". I, 1 i Sign issues k Page 10 of 12 Alternatives/Issues Planning and Zoning Commission `ordinance` I~ Current Rules Discussed Recommendation Cross Reference Effective Area and Height allowed for a single Heights 15 feet on secondary page 12 a 13 (continued) ground sign on any streets arterials and 20 feet on pri- d.) Retain the 115 a 120• mary arterials, standard for premises with frontage on more than one staffs Retain the authorisa- street, and allow frontage tion for two signs if the to be on any streets not premise has 500 ft, of frontage 9 just arterials and collet- or is on two streets or have tores e.) Increase height one sign 20 ft, tall and 150 with deeper setbacks with a sq. (t. in site. The 6 ft$ sliding scale. f.) Have a tall, 50 sqo ft. aised sign for 15 foot sign with a 15 foot residential districts would setback or a 20 foot sign. remain the standard. g.) Multiple occupant sign f .Y standarda* h.) Standards by name of the street or by ' the character of streets# e,g,, Carrolls Elmo Locust. with a 20 foot setback. q) Changing the site of N signs on major arterials to 20 feet in height with 80 square feet, and signs on f minors at 1S feet in height with 60 square feet* h) To Increase height of 1-35 signs to be measured from 'main traveled way'. The Sign Task Fora proposed the following changes in the " following disttictai In non residential districts, a height of either 10 foot monument or 20 foot pole sign with 100 sq, it, Along 1-35, a height of 40 ft, and ( y' an increase to 450 sq, ft. f Along Loop 288, a height of 30 ft@ with an increase in f; u sins of 350 aqo it, M31/23 y1 111 _ _ _ - l r r Ai. lr % II Sign Issues Page 11 of 12 Alternatives/Issues I planning and Zoning Current Rules Discussed Manner of Measurement - I Alternatives considered in- I A supporting structure that I Page 19 l I Effective Area - In determining I eluded the followings I has more than one sign attached) I 1 the effective area of a sign 1) Face . t2) Different I tive thereto area shall computed as the onefsign l where more than one sign is lo- l to 4 48 8 inches. aoatal seP-l if the signs are less than 36 rated or affixed to a single I vertical and hors k supporting structure, all sagas I aration standards. located there on or affixed therel word or one message be con- 4 tion is 36 itches or more, to shall be included and messuredl sidered one sign. If there I the effective area of each I com together as though they were one l are two messages, than it isl separate sign addedhall be ther to aigas i two signs. ` i achieve the effective eras. I ` I A clause would also be added to I the definition section of Effective area. I I I I I Page 21 Wind Loads - All signs shall be l The Commission discussed thel Change the standards to apply N and installed to with- ! feasibility of adding roof, I to ground, roof and projecting design e stand a wind pressure of not lesel ground, and projecting signal signs only. II than twenty (20) pounds per I to the standard. } f square feet of area said shall be y l constructed to receive dead loads i as required by the Uniform 4 I , I Building Code. I I l Special Sign Districts - There I Design techniques and the l Enable Council to create 1 PSO 28 .,i are no standards that curreotiy I similarities with the load- j special minimum of g6p0i t fea of stress I + ±.I a allow for special sign districtsil acepe ordinance with m ( I c~., bonuses. I frontage, with bonuses.fott 4 l eliminating existing sign clutter and with creation era- teris. (Sea Attachm.at 1) l MUM 1 # l r4, ~ Y+ i % Y. j 'gyp * 6, Sign Issues Page 12 of 12 Alternatives/Issues Planning and zoning commission 'Ordinance' Current Rules Discussed Recommendation Cross Reference i None Tax Abatement - Bringing Look into the possibilities non-conforming signs into further, conformance with this in- centive. (See attached Local Government Code# Section 216 000). None Using revenue (i.e, dona- Add signs to taxed property, tions, bonds, general revenue) to pay for non- conforming signs and to have them removed. None Remove abandoned signs and create an ordinance or amend the supporting structuread the sign ordinance to require H the removal of signs and N supporting structures. a, None Alternatives discussed Make no changes in the current Page 10 includedi a) Allow face standardsi change as long as the 'can' Staff! Add a statement that or frame is not alteredo states that changing the r., b) No change. o) Allowing material on which a sign's ( k face changes* d) Allow face letters, figures, etc. ere changed only on signs that located constitutes a new sign, allow easy removal of faces$ for which permitting is re- quired and that complWnce with all standards is necessity for the permit to be issued, Make it clear that changing Joel- sages or letters on signs is - I . authorised, e694 marquee signg, 223 M S . r 9 k~ } t. k ATTACHMENT 3 1 r (Article 17 of Appendix s-Zoning as amended by ordinance No. 90-182, Passed and Approved 11/20/90.) ARTICLE 17. SIGN REGULATIONS i A. GENERAL PROVISIONS 1, j+raose and Zntent~ It is the purpose of this article to ` regulat, the construction, erection, placement, maintenance, use and removal of private signs within the city of Denton, Texas. It is the intent of this article to regulate signs generally by classifying each sign according to its design and construction and by regulating, based on such classification, the type,' size, height and setback of signs according to their location in the various zoning districts. It is also the intent and determination of the City council that these regulations be and are-the minimum necessary and least burdensome to accomplish the purposes heretofore strted. 2. Dolinitiont. The following words, as used in this article, shall have the meanings respectively ascribed to them, as followss Abandoned sian means a signs (a) which, for at least six (6) continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity; (b) for which no legal owner can be found) or (c) which pertains to a time, event, or purpose which no longer applies. lima means to convey information to, seek the attrac- tion of, or to direct the attention of,, the pub lic to any location, avant, parson, activity, goods, k merchandise, tnched_sian means any sign attached to, on or supported by any part o! a building (such as, b" t, 2+. roof, window, canopy, awning, or marquee Which aneloses or covers usable space, Wall, root, and projecting signs shall be considered attached signs, +rbline means an imaginary line drawn along and parallel to the outermost part or back of the curb and gutter on either SIGNS/Page 1 { rnY 1 side of a public streeti or, if there is no curb and gutter, along and parallel to the outermost portion of the paved streets or, if there is no paved street, along and parallel to the outermost edge of the traveled portion of the street. Denartment means the State Department of Highways and Public Transportation, or its successor agency. Dilapidated or Deteriorated Sian means a signs (a) Where any portion of the finished material, surface, or message portion of the sign is visibly faded, flaked, broken off, missing, cracked splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally construct- ads (b) Whose elements or the structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result f►om being blown or by the failure of a structural support). Effective area means the area enclosed by the smallest f~ imaginary parallelogram which would fully contain all portions j' of the sign when rotated horizontally around the sign. The affective area shall not include that portion of the support- ing structure which is used solely for support of the sign and which is not an integral part of the sign, such as poles, columns, and cables, but shall include all decorative or ornamental elements and features, borders, trims, or other materials or portion of the sign or supporting structure which is an integral part of the sign. (See Appendix illustration No. 14e and 14f)o around Sian weans a sign whose principal support is provided by burying, anchoring or otherwise connecting the sign, or supporting structure thereof, to the ground in such a manner as not to be easily or quickly removed or relocated, and which is not a stake sign, portable sign or attached sign. H MI Oflau"AU 048% if iso 94 Off-pr miae._eis~ means any sign advertising a business, activity, goods, products or services not usually located on the premises where the sign is located or which directs SIGNS/page 2 r, t f persons to any premise other than where the sign is located. on-premiss Bien means any sign advertising the business, person, activity, goods, products or services primarily locatedo sold o offered for r A sign which sale on premises sign is locatd i plays a politi- cal, other noncommercial message shall begconsidered fan ni premise sign. } portable sign means a sign whose principal supporting struc- ture is intended, by design, use, or construction, to be used by resting upon the ground for support and which may be easily ' moved or relocated for reuse. Portable signs shall include, but not be limited to, signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or other non-motorised mobile structure with or without wheels, and A-frame and other similar signs, resting or leaning on the ;i• ground or other structures, but not permanently attached thereto. 1 Premise. means t (a) for any developed property, the area of real j property which encompasses all the buildings, structures, appurtenances, and land held under common ownership and devoted to a common use, such as a shopping centerf or (b) for undeveloped property, the area of real property designated as a lot on a plat approvRd in accordance with law and filed with the County Clerks Office, or an unplatted tract of land as conveyed by deed or operation of law and recorded in the deed records of Denton County, Texas. pro{~atinq sign means any sign which is wholly affixed to or suported by any building wall, and which extends beyond the bupilding wall more than twelve (12) inches, goof alga means any sign wholly erected on, a:tixed to, constructed on, maintained upon, supported by, or located upon any roof of any building, means Argett an no u es any sum ac:, a r o, materials ar device via 5 from any display anyletter, ~b word$ figure# character# mark` design, SIGNS/page 3 i i 1 i IF 1 M i I~ picture, illustration, li ht, insignia, or information f or n vart s ng. one sign" or "a sign" means IsF eta, any number of signs located on or supported by a single or common supporting structure. Stake sign means a sign whose prineipal supporting structure is so designed or shaped, usually by making one end pointed, so as to be erected and used by pushing, pounding, hammering or forcing it into the ground so as to allow quick and easy f placement, removal or relocation. Sucnorting structurs means any, pole, post, cable, foundation, or other supporting structural materials or fixtures arranged, designed, or used to hold, secure or support a sign, or part thereof, and which is not imprinted or labeled with any pictures, symbols, letters, numbers, or words in excdar, of one inch in height, nor is internally or decoratively illuminated. Wall sign means any sign wholly affixed to, supported by, or painted upon the wall of any building, and which is nct a,. projecting sign. a wind Device sign means any flag, banner, pennant, streamer or similar sign made of cloth, canvas, plastic, or other flexible material, with or without a frame or other supporting struo~-, tore, that moves or is design.."i -'%s freely in the wind. 3. Signs Not Ragglated. The following types of signs shall be exempt from the provisions of this artiolei (a) Governmental signs. Any sign erected or maintained pursuant to and in discharge of any governmental function or which is required by law, ordinanco or governmental regulation, (b) Railway fl gn■. Any sign within or on railway property and placed or maintained in reference to the operation of such railway. utnity Mani Signs marking utility or underground (o) communication or transmission lines. (d) Vehicle Signs, Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer or aircraft on which such sign is displayed is permanantly stationed or regularly used at a fixed location to serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft, SIGNS/Page 4 All 1 1 h.. 1 1 h I t II I 1 sign where no part of street. Any street. (e) sue sign is visible from any P i eistns. Temporary holiday w ou commerc a a ver a ng. mans on Persons. Sand hold signs, or signs, symbols or ` (g) displays on persons or animals. ,Tn~aad sianE. 91gns being manufactured, trans portedfoor (h) used, in any manner or for►n, stored and not being purposes of advortisinq. recognized historical Commemorative plaques Of (i) sodas and organizations. ,..~a Traffic Cont~41• on-promise signs which direct (i) the movement of traffic on private property (such am AkA entrance and exit signs' AY warn o_ ted to, or control parkingI o s as as, overhead clearances, provided that such signs are loss than 10 land are effective area, are leer than 6 feet in height, ' not placed so as to interfere with the safe movement Of vehicles or pedestrians. signs located on mail } (k) i . e ..er eysoaGeY_~19~' Il boxes, newspaper vending machines, and curbsi cwnir nand tial newspaper holders which identity the address of the e premises providad,1ethnams of at uchhdevices apar sold or r b placed so edestrians interfere with the ants movement of p lat. signs I (1) s ~ an per ksIto os Device do not located o matt qu located or pusadeout doorshwhiah devices and eip or where located but dons in generally advertise h ~riu used devices and equipment msnt, identity regard to such machines, devices or equip give its t oof the tradename service provided therefromtaor , product such machines or cost give the operating instructions therefor. devices and equipment shall machines bulano dispensing 0 limited to, coin-operated vending pumper telephone booths or facilities, automatic tailor 04 Its machines, automotive vacuum alenners, Ant- and other similar so -serv ce outdoor msa Ms, av car or equipment. SIGNS/page 5 F MINE 1 Z sala~ eeIIi°~u. lisld side O! so0 ti` rAS an8 ballfiold atfeoriva area or ~ - - .r. O ! Beret nrOC re_ty. , It shall be unlawful for any person to 4. nrnl~lhitad siana. locate or make use erect, construct, maintain$r tors nice tplace purposeos adverising y of any of the following signs private property without the consent of (a) signs located on the owner of said promises- W L- signs which are located 17 . (b) in or interferes with the usa of a required o[!-street parking space or maneuvering area. signs which era, or become deteriorated, (c) dillapid ted or in clangor of falling or otherwise unsafe. +biia Pron•rty, Any ground or attached sign (d) ti - over, or within a public street, sidewalk, ; r; located on, street lamp, utility polo, alleys right-of-way, or s ructure, traffic or street hyBrant, bridge, buii ng except for sign or device or other public propertyl as I projecting sigitted in this artiolnesmarkings made on spooifically Perm public sid*walks with aw Code ter-soluble ordinances, or to twind t with the by t E erm i b wise p street Y or ~ device signs placed over a public consent o! tha city to advertise annual ,;ommunity events for a tomporary period of time. (e) signs which do not comply owith f any 1 E& or Is provision of a applicable codeuordordinance#of the City. code, or other er app aPP Signs located on trees and shrubs. (r) Tslss-aaj-' (g) AjOA. signs which employ a stereopticon or motion p otur• machine. (h) intartarina W1Lil~ao signs located or illuminated in such a manner as to obscure or othet- } wise interfere with the effective so arof o soffi or ' traffic sign, signal or davico, sIONS/Page 6 Y' ' J i IL± I, I f` 1 interfere with the view of a driver of approaching, emerging or intersecting traffic, or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of 250 feet along the street. (i) Ce _sin illuminated alone. Signs, illuminated from within or without, and which: (1) are illuminated in such a manner, to such intensity, I or not properly shielded, so as to potentially impair or interfere with the vision of any driver of any motor vehicle upon a public streeti or (2) have any typo of intermittent illumination, including flashing, fading, revolving or blinking lights, or any type of moving, travelling, or changing message by means of illumination, excluding temporary Christmas lights and lights used for time and temperature signs. (k) portabia_aans. Any portable sign which is not a prop- erly registered nonconforming portable sign as provided I for in this article. a 510 Administration and Fnfor~ment. The Building official shall onforce and administer the provisions of this article. The Building official or City Manager may delegate the duties and powers granted to and imposed upon the Building official by this article. 6. tdcensinct. ! (a) it shall be unlawful for any person to *root, construct, place, locate, reconstruct, repair, replace, or service any ground, roof, or projecting sign for compensation without first having obtained a license for such work from the Building Official as provided herein, The provisions of the ueotion requiring a license for such work shall not apply to an employee of a person holding a license under this section. (b) Any person making application for a license shall be issued a licimse, valid for In yearA, upon paying the epplic.ole to and passing a written examination testing the applicant's general knowledge of the provi- sions of this article. The examination shall be adminir- SIGNS/page 7 i WM, t tered in accordance with the rules and procedures established by the Building official. (c) The Building Official may revoke, upon prior written notice to the licensee, any license granted where it is found that the application made was knowingly false or that the licenses, after having determined by the Building official to have violated any provision of this ordinance, failed to correct the violation within fourteen (14) days after the date written notice of the violation was sent to the address of the licensee, as ' shown on the license. (d) Any person may appeal a denial, proposed revocation, or revocation of a license to the Sign Board of Appeals as provided herein. (e) The license required by the City is in addition to any license required by State law to be issued by the % Department for the ownership o off-pram se ou oor a ver s ng s gns. B. PERMITS {x I, Permit Ranuired for Signs. It shall be unlawful for any person to place, locate, ersot, construct, reconstruct, alter, maintain, or make use of any sign not exempt trom regulation, without having first secured a written permit for such sign from the Building Official, except as otherwise provided in this article. • 2. Exceptions to Permit Requirement. The following types of ; j signs shall be exempt from the permit requirements of this artl.olei (a) Legally nonconforming signs as defined herein. (b) Wall signs L92 thae , legs] notices, and building address nu N a(o) State national, or corporate flags as otherwise specified in this article. (d) Signs painted on glass surfaces of windows or doors. (e) Stake signs, SIGNS/Page S 1+; 1 ' i R•.'M1'.YY r. 3. Anolicatian Procedure. The application for a sign permit shall be submitted on such forms as the Building official may prescribe and shall be accompanied by such information, drawings descriptive and as esign and toeinsureic pliance with insure proper regulation of the this article. q. Fee, if the tion for plans a permit specifications to all ofsthe set forth h in n any application requirements of this article and any other ordinance ble applicable the applica- thereto, the Building Official shall, upon payment of th pp ble permit fee, issue the appropriate permit. 5. Qgration of Permits. Other than permits for wind device , signs and permits for signs issued under a license issued by the Department Q! B_ia avl nd Publia Transportation as requirarticle 4477-9a, Tex. Rev. C iv. Stat., as amended, every permit issued for a sign shall expire by limitation and be null and void after 180 days from the date of the issuance of the permit. Sign, permits issued by the Department ; ttiioonn under article 4477-9a, a a be valid for the location U31cated and as designated on the application for the permit for one year so long as the sign is duly erected and legally main- tained, provided that if the State acquires the sign for which the permit was issued or if the sign is removed for any reason, the { permit thereupon terminates. 6. Revocation o Permitr Anneals. The Building official may revoke a sign permit for a violation of this article. The permit holder may appeal the revocation to the Sign Board of Appeals. U pa of As from the Do !A- Xichways 7. Transfer of State ^++tdoor Advertising Sian Permits. Sign permits issued by the Department UM or the city for signs licensed under article 4477&98 may be transferred to another party if the proper city application and fee is filed and approved by the City. ahall be unlawful t"a"as or Ater the 111test" r, 11080t M "92 U6 111, 61 E 11 1 on IffillneFrapa vim desio ad to be panered amer, such as, but not Limited t04 VUL- SIGNS/page 9 MCI C. PORTABLE SIGNS 1. It shall be unlawful for any person to erect, place, or locate any portable sign on any premise on or after February 21, 1989. 2. Any portable sign lawfully existing upon any premise before February 21, 1989, in accordance with the provisions of any prior ordinance, shall be allowed to remain on that premise as a nonconforming portable sign if properly registered and continuously maintained in accordance with the provisions of this article. h" is An a 1 table 011 be r o - i otters in the NAMBmAILL 9. A nonconforming portable sign which is properly registered in accordance with this article, shall not% (a) Be moved to another premise so as to be visible from any public street. (b) If removed from any premise for any reason, be placed on the same premise so as to be visible from any public street. 4. All lawful nonconforming portable signs shall at all times be securely anchored so as to prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined by the Building Official. D. REGULATION OF SIGNS BY ZONING DISTRICTS. 1. Residential Districts. The following regulations shall apply to At SF-70 SF-10, SF-190 SF-160 2-F, MF-R, MF-1 and MF-2 zoning districts, as shown on the official zoning district map of i the City of Denton, as amended= (a) Permitted Tune. Ground, wall, wind device, and stake signs are permitted in residential districts. Root, pro acting, and off-premise signs are prohibited in residential districts. (b) Effective Area and Height. No ground sign shall have SIGNS/Page 10 i 1 1 S c effective area great than gr eater height than sixe(6) feet fifty (50) feet or a (c) setbacks. All ground signs shall maintain a minimum setback of ten (10) feet from the curbline and any side or rear yard property line, ex truhat any roa ground may make use of a supporting sign that was lawfully erected on or before February 21, 1989, without regard to the side or rear yard would specified setbacks any i other provision of sign so o artplaced icle, not violate (d) h..u,.,.,. ,.F rrm~na signs. Only one ground sign shall be located on any one premise, except as follows: (1} Any premise having frontage on more than one arterial or collector street may locate one on-premise ground sign in the defined front yard of each street, provided that neither sign is located within that area that includes the overlapping front yards of both streets. (2) Any premise which has more than five hundred (500) feet of public street frontage on an arterial or collector street may make use of one additional sign for each k~dditional five hundred (500) feet of trpnt- age, or fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another permitted ground sign on the same premise as Measured alone the street frontage. •-y-~at~;,e 1.1111+1!1 111 11!1111!1'1111, !I11,11111111'r-O" 111, 0 Gifest 2. istriatIL, The following regulations shall apply to signs in any zon nq district designated as a P, 01 HS, GR, C, CILL Li or HI district, as shown on the official zoning district map of the City of Denton, as amended: Ground, wall, roof, stake, wind device, and (a) projecting signs are permitted in nonresidential districts. SIGHS/Page 11 k r 1 No ground ev-re" sign (b) 'active Area and Height, shall have an e_4 ker than ffective area sgrea hall M1 have at height acum feet and ne-~e~n greater than six (6) feet, except as follows: (1) A ground sign located on a premise which has frontage upon U.S. Interstate Highway 35N, 35E, or 35W an two shall not have an effective f square fearea greater th et or a height greater hundred and 410ft fee25t) ~ than forty (40) (2) A ground sign located on 2a premise which 88 shall not have as frontage upon State Highway Loop have a greater than hundred thirty (30) fifty fe effective r a height than one square feet or et. aim n Am~ Olft A no A r (31) Any promise permitted to have more than one on- premise ground sign, shall be permitted one ground sign c.f a maximum height of fifteen (15) feet and an effective area of one hundred twenty (120) square feet, in lieu of any two permitted ground signs. 11 ~f (o) catb~___ a= All ground and projecting signs shall from the maintain a minimum setback of twenty (20) fas curblina and a r minim setbac of tien (10) yard property linse exceptfthatf any side or rear y any ground sign may make use of a supporting structure for ya rear a ground 21g 1989, without regardeto the side ande yard setback* specified herein, it the sign so ]placed would not violate any other rovision of this articloy alp M IRA "*Ott from (d) HumbALL only one on-premise ground sign shall be SIGNS/Page 12 I i I located on any one premise, except as follows: (1) Any premise which has frontage upon more than one try arterial or collector street, may locate one on-premise ground sign in the defined front yard of each arterial or collector street, provided that neither sign is located within that area that includes the overlapping front yards of both streets. (2) Any premise which has more than 500 feet of public street frontage on an freeswayj arterial or collector street may make use of one additional on-premise ground sign for each additional 500 feet of frontage, or fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another permitted ground sign on the same premise alon,uet frontage. (see Appendix I ustrat on 14c). (e) A12AC;`o RaWltrements_. (1) of cram se signs. No off-premise ground sign E shall be located within the 1500 same et side of another a e premise ground sign o public street. The measurement shall be between the two points on the curblines which are closest to the respective signs, along and parallel to the curbline, and across any intervening street intersections. 1 (2) S s and Residential structures. Signs over 10 feet !!nA wall in height which are not located on the same prem as where there is a residential structure t s a ma nta n the following setbacks from the un ary of a residential zoning district or a premiss used Grin R&W for residential purposes: ` Non-illuminated 100 feet j 1 Internally Illuminated 200 feet }1 Externally Illuminated 500 feet 1 The measurement shall be made in a straight line from the nearest portion of the supporting structure at ground level, to the nearest property line of an existing residential structure ' SIGNS/Page 13 t ~ I ezoent There t ei• s null - yHOW11 ntial areas, upktpeis-vl r6~ si. ei~e~dte ii#ghw9y~--35N7-35E, 3SWp er -State of atone, eenerete, + routed nliap materials The Ease, ?jeo rtion of the sign May 80% of the e f fee t.._ area of the sign and the pl&oth e 1 - its beams, or metal, er _ _simila aterialo 3. Planned Develoomert_Districts, The regulations for signs located in planned development zoning districts shall be contained in the ordinance or concept or detailed plan approved for the district, except that no off-premise signs shall be permitted. Should the regulations for signs be omitted from an ordinance or concept or detailed plan for the district, the sign regulations that would be applicable to the most restrictive comparable zoning E district classification, based upon the land uses permitted therein, as determined by the Executive Director of the Department of Planning and Community Development, shall be applied to the district, or part thereof, for which the regulations were omitted. I 4. (a) TYM. Grokinde wall, roofa Ste sting Milne Mels a-..s --O feet We area eater af. I 4** Right-of-Way Limitation on Projecting signs In CoUral lug a~inaggit. No projecting sign shall project or sxten n o t o public right-of-way for a distance of more than ten (10) feet or within two (2) feet of the nearest curbline, whichever is more restrictive. No projecting sign, supporting structure, or part thereof, which extends into the public right-- of-way shall occupy any of the space between the ground SIGNS/Page 14 - .r I ~r. Mal level and eight (8) feet above said ground level in said right-of-way. E. REGULATION OF ATTACHED SIGNS In addition to any other applicable regulations, the following regulations shall apply to the type of sign specified in all zoning districts. 1. Roof Sianst Protection. Roof signs, or the supporting structure thereof, shall not extend laterally beyond the exterior walls, or upward beyond the highest point of the roof of the building on which it is located, to a height, as measured from ground level to the highest part of the roof, which is greater than specified below as follows: NuMl r of Stories MaximuL Height fta:taus s!leotive - s; rea . i one 551 of bldg. height so sa~uar~_. Two 36% of bldg. height Three to live 301 of bldg. height ary six to nine 251 of bldg. height Ten to fifteen 231 of bldg. height i Sixteen or more 40 feet 'ia-ganjoet gar f WILL i 2. Projecting Signs. (a) Construction. All projecting signs shall be securely attached to the building or structure. (b) Proiention Beyond Roof. A projecting sign shall not be erected on the wall of any building so as to project 1 above the roof or parapet wall, or above the roof level where there is no parapet walit except, a sign erected at a right angle to the building, which does not extend eighteen inches beyond the wall, may be erected to a height not exceeding two feet above the roof or parapet wf.ll or above the roof level where there is no parapet wall. A sign attached to a corner of a building and r`• parallel to the vertical line of such corner, shall be SIGNS/Page 15 aW1 deemed to be erected at a right angle to the building wall. OIMUT N To 0 em®J footage of all projecting signs (c) -1ze• The total square percent (20%) of the wall area shall not exceed twenty p on which such signs are located. i on o mon Buildinas• when one or more attached 3• which is divided and contains more signs are located on a building lation of such attached signs than one business or use, the r ro action, shall apply separately specified herein, as to size and projection, walls which contain that business or to the part of the exterior use. F. REMOVAL OF UNLAWFUL SIGNS ~•-mice and Orde~• Any sign which is erected, located# or o- be removed ficial shall Bui of icialoastprovided herein. i The Building Official Building deliver or send a written notice and order to the owner of an bre the unlawful sign or ~ctic® and ordarasent or delivered toltheuparson wner of sign located. Tax Office or Drnton County Appraisal District listed by the City remise where the unlawful sign is located sh the owner the promise to be sufficient. The notice and order shahs shall be presumed (a) Describe the nature of the violations of the a (b) order the correction shall not be llessn th nhifive t(5) specified, which mailing of the notices business days of the delivery or and (c) Give notice that the Building official may remove and violationhis not corrected within4the'time expense nDSals if the person ordered to correct a 2, fzamovalt A ecified, the Building violation tails to do so within the time sp sal with the S Any fileoan app niawtul sign. ' 17-11 E Official may remove or cause the removal person aggrieved by the order may { Board of Appeals. ' Any sign which j 3. nnnndenent of Sians~ Re icial pursuant to these provisions is removed by the Building Off the Building shall be impounded and transported to, and stored by, official at a location designated for such purpose. Records of SIGNS/Page 16 i i I~ 1 11 ! 1 where such signs were located and when removed shall he kept. The Building official shall send a letter to the owner of such sign, if known, or, if not known, to the owner or person in control of the premises where such sign was located, giving notice of such impoundment. The Building official shall hold the sign in storage for at least thirty (30) days after notice of impoundment has been mailed. Any portable sign may be redeemed by the owner upon the payment of a fee to the City of Denton of a total of $25.00 for hauling the same to storage, plus $1.00 per day storage fee. Any nonportable sign may be redeemed by the owner upon payment of the cost of removal of and hauling the same to storage, as determined by the Building official, plus $1.00 per day storage fee. Any sign not reclaimed by the owner thereof within thirty (30) days of the mailing of the notice of impoundment may be disposed of in accordance with applicable law. 4. Recovery of Costs. If, upon disposal of an unredeemed nonportable sign, the Building Official has not received an amount sufficient to cover the cost of removal and hauling of such removed sign, the Building Official shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs, less any tmount received in disposal of such sign. Any such costs remaining unpaid after thirty (30) days from the date of mailing of notice stiall become delinquent and shall bear interest at ton (10%) percent per annum. The Building Official may cause such unpaid and delinquent amount to be assessed against the premises where such removed sign was located by filing and perfecting a lien against said premises. The cost levied % against said prenises shall include a $50.00 administration fee. 5. 8pneal of Cost Imnosedl Levied. Any person may contest the reasonableness of the cost of removal of a sign imposed hereunder by filing an appeal with the Sign Board of Appeals within twenty (20) days of the mailing of the notice of the costs. The Board may uphold the cost imposed by the Building official or impose and levy whatever cost it considers reasonable. Storage costs shall not be appealable. 6. summary Removathis l of Hazardous sia 9. Notwithstanding any other provision of article, the Building Official may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior to removing the sign, the Building official ; shall make a reasonable attempt to locate the owner of the i hazardous sign or person responsible for its placement to give written notice of the violation, the action necessary to correct the violation, and the time period in which the correction must be SIGNS/Page 17 WWI x wool made. The notice shall be delivered to the owner of the sign, the owner of the premise, or the person responsible for the signs placement, it located; otherwise, the notice shall be affixed to the sign or other prominent place on the premise likely to come to the attention of the owner of the sign or premise. Thereafter, the Building official may remove the sign if no corrective action is taken in the time specified. i g G. SPECIAL PROVISIONS 1. Manner of Measu~°~• (a) Setback. To apply the setback provision of this article for procedure at shall any one a point, the following used: measuring (1) Draw an imaginary vertical line extending upward from the closest point on the curbline of the public street to which the premise has accessi { (2) Beginning at any point on the vertical line, draw an imaginary hcrizontal line perpendicular to the vertical line and curb line and extending toward the premises! (3) Beginning at the point where the vertical line j intersects the horizontal line, measure along the horizontal line for the required setback. (Sea Appendix Illustration 14a) b} . The maximum height of a ground sign shall be 4 W ( determined by the method of measurement that allows the 'Vl greater height, as followst ; (1} Syrb Lind Measurement. Meeasure along a vertical lino extended upward from the narest curb line of the public street fronting the premises where the sign is to be located, to the maximum height allowed for the sign. From that point, extend a horizontal line to where the sign is to be located. The horizontal line a is the maximum height allowed at that location. (See Appendix Illustration 14b). (2) ~tural Ground L•vei Measurement. At the highest point of the sign, draw a horizontal line to the outer extremities of the sign. At the center of the horizon- tal line, draw a vertical line to the natural ground SIGNS/Rage 18 I level below. (The "natural ground level', shall include any changes in topography necessary for development of l the property). The vertical line may not exceed the f height allowed for the sign at that location. (See Appendix Illustration 14b). (c) Effective Area. in determining the effective area of a sign where more than one sign is located or affixed to a single supporting structure, all signs located there on or affixed thereto shall be included and measured together as though they were one sign u e here is least a thir six (36)--inclk e a et s ns oh case h of a e area a ar e s an l b oalcuka e3 d a ed to t t ach eve the effaot~►e area for all the signs on a mingle 'J (I striolum. 2. Abandoned Signs ort ng. struoturgs. The owner of the premise on which there s lr,cated any abandoned sign gj Ammmtina st ur oture shall: (a) If it is a portable sign, remove the sign within thirty days of the date it becomes abandoned so that it is not visible from any public right-of-way. (b) If the sign ruoture is a ground or attached sign or sus:pp$rt na stiNQture, sit-her remove the sign and supporting structure so as not to be visible from any public right-of-way s e is nrov dea by tha C tq_o Denton to the dat• "Mang removed the QraS3p3LOrt T.a atruature. 7-; Outo 0.0yert or reseye the fees or me the sign - r'_.. ppertin ~ as t I days of the date i beeenes obandenedVr 3. Clearance from Electrigal Lines. All signs shall be located a minimum distance of six (6) feet, measured horizontally, and eight (8) feet, measured vertically, from any overhead electrical conductors which are energized in excess of seven i hundred and fifty (750) volts. The term "overhead conductors" means any electrical line, either bare or insulated, installed i above the ground. un 8412d arid Detexiorated Oignso It shall be ul for any person to erect, locate, or maintai any dilapidated or deteriorated sign. SIGNS/Page 19 i i 4= Tamoorarv sues. Stake Signs (a}) No stake sign shall be larger than thirty two (32) square feet in effective area av e larger tbaa a 2" " into she arouad by say form o[ d as aa._. ft) No stake sign shall be located within any public street median or within ten (10) feet of any curbline. (e.t) Any stake sign advertising the sale or lease of real estate, a garage sale, a candidate or issue to be voted upon at an election, or other tempo- rary event or happening, shall be removed by the owner of the premise if placed thereon by the owner, or if placed thereon by other than the owner, by the person responsible for the placement of the sign, within ten (10) days after the date of the occurrence of the event advertised. No more than one off-premise stake sign advertis- ing the sale or lease of one piece of real proper- ty or one real estate subdivision or development shall be placed on env one premise. 1 . i WO ad! i6i 9686M,30 feelt-RUNHIMOM - 5-s-rtyn -shall SD ft- calendar y& g.16. wind Device suns. No person small display one or more wind device signs on any one premise without first applying for and receiving a psrmit as required by this article. Permits shall be valid for thirty na consecutive days. issued Ninmany than three (3) permits for any o one calendar year. The provisions of this section shall not apply to the followingt SIGNS/Page 20 e . er National Flaaa. Two (2) ground signs as d to display only a national or state flag on any one promise, for which the number, spicable height, size, and permit requirements but to which the to ground signs shall not apply, setback requirements shall apply. ' (t) One (1) ground sign a roistered corporate logo used P aY on ma g any business Llag o usiness_n••• or oao Lila on promise owns or control a by the corporation for which the number, spacing, an peroquirements applicable to ground signs i shall not apply, but to which the setback requfire- Monte shall apply. The corporate or blustalLL z shall have a maximum effective area of fifty (56) square feat and a maximum height of thirty (30) feet, unless it is located on the same promise where there are one or more flagpoles used to display only a national or state flaq. Wind LgA"• All around goog and-preiiectigg signs shallg ~e designed and installed toWithstand a w n pressure of not lass than twenty (20) pounds per square foot of area tike shall be { constructed to receive dead loads as required by Building code. No person shall cross or g=, Use of State iaht _ot-wev park a vehicle on a State right-of way .for the purpose of maintain- ing a sign adjacent to the right-of-way. H. NONCONFORMING SIGNS { l~ ~The provisions of this article, defining and rsgnlatinq nonoonforming signs, shall control over any other conflicting provision of Appendix B-Zoning of the code of Ordi- nances. 2. DaliaRd. structure, shall A sign, including its supporting cons does not co all or of the iprovisionsdered of phis awhen it rticle applicablen theret t notra stake sign, ands (a) as in existence and lawfully located and used on the effective et SIGNS/Pago 21 i T rn r R. Lila' 1 I (b) was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally ` nonconforming thereunder, and has since been in continuous or regular use; or (c) was in existence, located, and used on the premises at the time it was annexed to the City of Denton and has f since been in regular and continuous use. .,rte,-mina Portable 3tans, on or after :16 RuwaaAUML June 1, 1989, it shall bo unlawful for any person to maintain any portable sign on any promise without having a valid registration tag affixed thereto as required herein. (a) Apolicati~n or Registration. To register a noncon- forming portable sign, application shall be made to the Building official, on forme provided for that purpose. ( The application shall be accompanied by the payment of the applicable fee and shall contain the name and address of the owner of the sign, the exact location of 31 the sign, the date of placoment, and any other informa- tion reasonably required by the Building official, (b) TaaullnPa ~f s~aistration Taa. If the Building official determines that the portable sign is a lawfully nonconforming portable sign, he shall issue a registra- tion tag to the applicant. The owner of the sign shall cau e the thescorre pondingbportabledsignaregisteredus place to (c) Ramoyad er Destrovad Atone. Any owner who removes or causes the removal of any validly registered noncon- forming portable sign from any premise shall, within five (5) business days of its removal, report the removal to the Building official. (d) invalidation o! Registration. The Building Official shall invalidate any registration tag for a nonconform- ing portable sign when: (1) It is removed from the promises for a any reason. (2) nonconforming It has a stat s as provided in this article. (9) It has become an abandoned sign. SIGNS/Page 22 i A 4, Presumption. Any sign which does not conform to the regulations of this article and is not properly registered as a legally nonconforming sign as provided for herein, shall be presumed not to be a legally nonconforming sign; provided, however, that the owner of any sign that is determined not to comply with the provisions of the article, may, at any time, present evidence to the Building Official that the sign is a legally nonconforming sign, and the Building official shall, if satisfied that the sign is a legally nonconforming sign based on the evidence presented, allow the sign to be registered as a legally nonconforming sign. A i 5. Destruction; impair. (a) Any nonconforming sign, including its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (601) of the repro- duction cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapi- dated or deteriorated. (b) The Building Official may, whenever he deems necessary. to reasonably determine the applicability of the foregoing provision, require the owner of said noncon- forming sign to submit two or more independent anti- mates from established sign companies of the cost of replacing, repairing or renovating, in whole or in part, the existing nonconforming sign and two or more independent estimates from established sign companies of the reproduction cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. (c) No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in effective area or height. 6, nglocati n of Nonconforming signs. Notwithstanding any other provision of this artiole, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise SIGNS/Page 23 i i of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this article. 7. !I Located on Nonconforming Premises. Where, on the effective date o! this ordinance, a sign is located on a promise which is a legally nonconforming use of the premise and such sign is used in regard thereto, the sign may be used and maintained f• thereon, even though it would not be a permitted use, so long as such premise is continually used as a lawful nonconforming use. t , I. APPEALS, VARIANCES AND SPECIAL EXCEPTIONS F 1. sign Board of Appeals Created. There is hereby created a Sign Board of Appeals consisting of five members. Members shall be appointed by the City Council for a two year term, except that the Council shall designate two members of the initial Board to serve one year terms, or until their successors are appointed. The Council may remove a board member for cause on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. The Council may appoint two alternate members to serve in the absence of one or more of the regular members when requested to do so by the City Manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among alternate members is filled in the same manner as a vacancy among the regular members. i The Board shall adopt rules to govern its proceedings, Meetings of the Board shall be held at the call of the chairperson and at other times as determined by the Board. The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. Each case before the Board must be heard by at least four members. The Board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board shall keep records of its examinations and other official actions. The minutes and + records shall ba filed immediately in the Board's office and are publio records. The concurring vote of four members of the Board is necessary tot (1) reverse an order, reqquuirement, decision, or determination of an administrative official# SIGNS/Page 24 I N , (2) decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinance? or (3) authorize a variation from the terms of the sign ordi- nance. 2. Powers of the Board. The Board shall have the following < powers: (a) To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this article. (b) To hear and decide special exceptions to the terms of this article when this article requires the Board to do so. (c) To hear and decide on requests for variances in the regulations of this article. j 3. Appeals to the Board. (a) Appeals may be brought by any person aggrieved by a decision or by any officer, department, board, or bureau of the municipality affected by the decision. (b) The appellant must file with the board and the official from whoa the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within fifteen days after the decision of the administrative officer. on receiving the notice, the official from whom the appeal is taken shall immediate- ly transmit to the Board all the papers constituting the record of the action that is appealed. (c) An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official's determination that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, if due cause is shown, after notice to the official. (d) The Board shall fix a reasonable time for the hearing SIGNS/Page 25 I rrs~ r w,.. i of an appeal, give notice of the hearing by mailing notice to all real property owners located within two hundred feet of the property on which the appeal is made, as shoom on the City's tax rolls, and by publish- ing notice of the hearing in a newspaper of general circulation in the city of Denton. The notices shall be mailed and the notice published at least ten (10) days prior to the date se fort the hearing. Anytarty may appear in person, by attorney, by agent a the hearing. (e) The notice of appeal shall be accompanied by a filing e,`, fee in the same amount as required for an appeal to the Board of Adjustment. 04 4. Variances to the Ign RegulAtiona• i (a) Any person reque3ting a variance from the provisions of the sign regulatiotiA shall submit an application on a form provided by the city, containing the information and plans requested in the application, along with the established filing fee. (b) The Board shall act upon the variance regrest within a. reasonable same manner an for appeals to thehBoard.~ given in the (c) The Board may grant a variance from a requirement of the sign ordinance if it finds all the following exists (1) Without the variance, the applicant could not make use of the sign otherwise permitted by the ordinance) (2) The variance is necessary because of a }nique condition or feature of the property not generally common to other propertiest (1) The granting of the variance will not violate the x spirit or the intent of the ordinance; and (4) The conditions or features which create the need for the variance did not result from the property owner's acts. (d) This Board shall not grant a variance to any applicant for personal convenience, financial hardship, or other ise the variance property. tbe granted board only to grants a variance, the S1 ,NS/Page 26 C t ' I 'Y itid :5d 1 I~ extent that is reasonably necessr,ry to remedy the hardship. (e) All decisions of the Board granting or refusing a variance shall be reduced to writing and signed by the Chairperson. If a variance is denied, the decision shall state the conditions for the variance which were not not. if the Board grants a variance, the decision shall state that all conditions for a variance were Ir metr specify the degree to which the regulations are being varied, rnd be signed by the members voting in favor of the variance. I Soeaial Excen ions, The Sign Board of Appeals may grant or height of a rsign, other than n a portable sign, article under the setback special following circumstances: (a) visibility obstructi4i~• when fifty percent (50%) or more of the effective area of such sign to be located , in accordance with the setback or height requirements of this article becausee of visible from at least one building, "visibility points structure, or the natural ground. As used herein, "visibility point" shall mean the viewing locations, at a height of six feet, determined by extending the side yard setback lines of the property so as to intersect the curb line of the public street fronting the property, then measuring from the intersecting points along the curb line away from the ! property in each the direction for a distance of one hundred feet. if the street fronting the ,_operty is one-way, the visibility point in the direction from which traffic approaches the property shall be used to the visibility requirement herein. (See determine Appendix illustration No. 14d.) (b) ~~i~,i Rmarcancv 6ians. Whon a sign located on the property of an emergency medical treatment facility would not, because of the setback or height r*qu ire- ments of this article, be readily visible from adiacent public streets. For purposes of this proviision, "Emergency Medical Treatment Facility shall mean any hospital, clinic or other facility where medical aid is offered to a person or animal who suffers an injury or illness which requires immediate medical attention. SIGNS/page 27 k M granting special exceptions allowed herein, the Sign in Board of Appeals shall specify, by written orders the setback or in in so shall the height that till provisionsd,oLu this article bsyondn wh+t lis devi+tion to remedy the situation allowing for the minimally necessary special exception, Appeals from any tm t1 • • rr x'~'' decision of the Board may be made in accor dance with the juse . applicable to appeals from deoisions of the Board of Adjustment. ` J. HISTORICAL LANDMARK SIGNS l insofar as they } The provisions of this article shall not app y lX conflict with any provision applicable to a sign dart cler2 A of h istorical landmark pursuant to the priof the City of Denton' Appendix B-Zoning of the Code of ordinances , Texas. r LLL } (saE 71Y'TACStD 7AOS l01t spSCIAL sI0l1 AT9TAIC'BS) r . 4 .4 Y n i~ A t SIGHS/page 29 1 MIND A r,• ►KIIbW~ j} n f 4 X; SPECIAL SIGN DISTRICTS By amendment to this article, the city Council may designate by ordinance an area within the City of Denton as a special sign district, subject to the following: 1, The district must include continuous street frontage of at least 600 feet. 2. PROCESS a. fThe same roess as ollowed forcthe creation of aospecial rezoning district. ' b. Notice and public hearing. Prior to the Planning and Zoning Commission making a recommendation to the City Council, the Commission shall hold a public hearing on the boundary of the special sign district and its proposed regulations. All owners of proper.y within the proposed district and within 200 feet oc the proposed district shall be give[ written notice of such hearing at least 10 days prior to said hearing. The pry. City Council shall also hold a public hearing, notice of which shall be made in a newspaper of general circulation at least 15 days prior to such public hearing. 3. CRITERIA a. As a prerequisite to the establishment of such special sign district, theCouncil rmust determine that,the proposed district and its 1) preserve and enhance the character of the area; 2) cause no disturbance and be compatible with S neighboring property; 3) create no hazard or annoyance to motorists or Pedestrians; and than ~ d} enable more effective and attractive signage the with the application of specified sign regulations. ; b. The Planning and Zoning Commission and the City Council # may consider, but are not limited to considering the „ following:" 1) Scale: The relationship between sign scale and site scale. 2) Color: The relationship of sign color to the color of buildings, land, and vegetation in the area. 3) Material and Shape: The sign(s) material and shape in relation to the sign(s) surroundings. 4) Landscaping: The sign(s) relationship to landscaped features within and neighboring the district. 5) Illumination: Compatibility and impact of ; illumination techniques within the district and upon surrounding property. 6) Integrated Signage: Integration into a unified development concept with the topography, building design, landscaping, and traffic circulation patterns. Ij { M f Special Sign Districts Page 2 4. BONUSES a. In non-residential zouing districts, if existing non-conforming signage, which does not conform to current height and/or effective area standards and/or is portable signage (one or more portable signs) is removed, bonuses for new ground signs may be considered as follows: Height: For every 4 feet of sign height decreased, j ; a bonus of 1 foot shall be granted. However, the new sign shall not exceed SO feet on I-35, 40 feet on Loop 288, or 30 feet on any other street. Effective Area: For every 4 square feet effective area of a sign area decreased, a bonus of 1 square. foot shall be given. b. However, the effective area of a new sign shall not exceed 350 squire feet on I-3S, 250 square feet on Loop 288, and 2S1 larger than otherwise permitted on any other street c. The new sign for which a bonus may be granted under these provisions must be within 2000 feet of the removed signage and visible from the same street as the a y, 1 removed sign. ' d. A sign permit issued under this bonus provision shall ` not become effective or valid until after the non-conforming signage for which a bonus was applied against is removed. S. SPECIAL SIGN DISTRICT REGULATIONS. 7i,e districts regulations nay be more or less restrictive and/or different than those specified elsewhere. 6. CONDITIONS IMPOSED. The Commission may recommend and the City Council may impose such conditions concerning the district's regulations in order to ensure the appropriateness of the district's sign regulations and to protect the surrounding properties. 7. APPLICATIONS AND SUBMISSIONS , a. Application, Fee and Plan Required. Any person requesting a special sign district, or the amendment of a special sign district, shall submit an application, the fee and the required plan and information to the Planning and Development Department. All plans, vA, studies, maps, and otner information which the f i I ~c* Special Sign District Page 3 i petitioner wishes to be considered by the Commission or Council must be submitted to the Planning and Development Department at least two weeks prior to the public hearing on the request. Should the petitioner submit additional information after that time, the Commission or Council may defer consideration to allow the Planning and Development Department time to review the additional information. C. b. Form and Manner. To properly process applications and ; . F" s IT" administer this article, the Planning and Development Department is authorized to specify the form and manner in which all required information and plans are to be ;.j submitted. Application shall be made to the Planning and Development Department in a form and manner to enable the Planning and Zoning Commission and the City ` Council to sake a decision in accordance with the criteria stated above. 8. Special Sign District Application fees shall be $150.00 j 9. The Planning and Eoninr Commission or the City Council may, III by motion, direct the +ity staff to initiate a special sign district application. ;i I 1 j l ~ ~I j .t rN+. r r l I' 1,1 : 1 r 25b3x , i • 1 +•ea.u.FO+4Y14N:1'u[.:w r4AY+*„" _ " 4e i, C ATTACHMENT 4 t OTHER CITY REQUIRTMF.NTS IN COMPARISON TO DENTON'S City I Sign Area and Height I Face Change Ability I Multiple Occupancy Signs Sign area and height is I The ordinance language I All detached signs designed to identify I Addison ( based on the toned district,I is aaout the same as I multiple establishments and/or advertise I I whether It is a business or I Denton's. City officialsl multiple occupants within a shopping center, J I non-business district. S1gal told us that face changesl office park or medical center shall be I area and height varies from l are allowed when the 1 approved by the City Council. 16 feet in height and 48 I business is under the I l ' J square feet for monument { same ownership. When a I I l signs to 20 feet in height I new business moves in, I l and 36 square feet for a l the existing sign must I J single tenant pole sign. ( meet the new sign ordin- I Multi-tenaat signs can be 201 ante standards. I J I feet in height and 72 squarel I I I feet. Sign area and height is J Does not allow face I Multi-Tenant Ground Sign (definition) - A I Arlington I based on the type of street I changes on non-conform- I ground sign with provisions for separate tA,f I l the business fronts on an3 I ing signs unless the I sign copy for separate tenant, located I l the type of business. For i sign meets the new j within the same development. l example: on arterial I ordinance standards. 1 I J streets, signs are allowed I I The maximum height for multi-tenant signs is l l to be between 8 feet in I I eight feet. The maximum square footage is I I height and 50 square feet I I based on street frontage as follows for I I to 20 feet tall and the I 1 arterial streets: i l I I effective area will vary I I 0 - 299 300 - 499 500,o_ r greater I I I from 35 square feet to 200 I i sq, ft. 100 sq. ft. -200 . It. l l square feet with 500 feet oil I I I street frontage. on col- l I Collector streets are as follows: I y I liector streets, signs are I I 0 - 299 300 or greater I J based on the number of feet I I 50 sq. ft. 100sq6 ft. I I of street frontage ani rangel I I. I from 8 feet tall with the k Special requirements iaciuW lj Multi- effective area changing from + tenant ground signs may be ured only for I 125 square feet on up to 100 i ( unified shopping centers add office deVelopj l I I square feet with 500 feet oil I meats. 1) One multi-tenaat ground sisn aball I ( frontage. The only ground 1 I be permitted per lot, per Street frosty pro. I signs allowed on local I I vided there are no ntbtr general, business i I streets are for churches, I I freestanding signs on the let. 3~ The ei►3,e I 6 parks, and schools at a max-l of a shopping center or offlet diVe1.*pmiht I imum height of 8 feet and s may be identified on a multi-te:iant'gr*o I I maximum square footage based sign. 4) Center identification and other M11 r. 21237x/9 jj , f i 1 Sign Comparison f Page 2 of 5 City I sin Area and Hei ht Face cha a Ability 1 multiple Occu anc Si as on the street frontage I I tenant identification shall be limited to a I Arlington ( This would range from 25 I SEE PAGE ONE maximum of 35 square feet each. 5) Multi-lot (continued) I square feet to 100 square I unified shopping centers and office develop- feet for 500 feet or more of{ I ments shall be considered one lot for the frontage. No other business) I purpose of signage and shall be entitled to I I is allowed to take advan- I I out multi-tenant sign .it street front, for tags of ground or pole signal I the development as a whole. Exceptiont Sep. on local streets. I ( state parcels with no common access or common ; t I I I parking may be considered separately for sign I regulation. ; ~ I I I I , ' I I Sign area and height is I Allows face change on I In Carrollton, these mists are considered Carrollton I based on the type of signs owned by and ad- I "directory signs" with the following defint- business and street front- I! vnrtising the same I tionl A sign listing the occupants within age. Site area and height I business. If another I shopping centers, industrial sites, retail i.. { I varies from 5 feet in height) business is advertised, I districts, office districts, and commercial and 32 square feet to 20 I the sign must then come I sites. Directory signs are limited to wall t; feet in height and 60 square) into compliance with l or monument signs only. The maximum alloy- , fret. ` the existing ordinance. l able, for a monument sign, to six feat in a I l height and !xtq square feet. The eiga must I I l I also maintain a fifteen foot setback ftom the property line. Only one monument'atgn is I I I l allowed per continuous centar aot'aepersted l by a public street. , I Sign area and height is I Face changes are not The ordinance does not distingulsh bstvean y Deacon's based on the Boning of the allowed but an existing I single or multi-tenant signs. of street, face can be repainted. Current property, type I ' r I Standard and street frontage. Size t arse and height varies from' I 6 feet in height and SO k l square feet in residential I l p, districts to 40 feet in I height and 250 square feet I I rk on 1-•35. ,d 1113YXIIO `I T Y. 1 I IV Y I . .i• It 1 . 1 < J' y F i i Siga Comparison page 3 of 5 Face Cha a Abilit I gu]ti is 0c cu nc Si as Cit I Si n Area and Nei ht I say have a sign area pace changes would not be Multiple occupant signs of 60 square feet plus 50 square feet per I sign area and height is on the toning of the I allowed but an existing I , type of street ~ I face can be repainted. I occupant advertised on the sign, not to Denton '@ based I exceed 150 square proposed feet, and partystreet frontage. Site i I Standard y I J area and height varies from I i I h 16 feet in height and 50 ntial side square feet in re 4 ` districts to 40 feet in I I ` height and 250 square feet i I 1 on 1-35, I ' portion of a multi-purpose sign shell not Siga area and height is I dAlows Verttsac the h semes to 14 lti-Purpose Slats felt~e The~direetoryn ' Plano based on the coning of the I business but not for I exceed fifty square g uari fa t property and the type of I now Dusiaeseas. New poctioa shall not sxcead ssYeatq q I bwinees. The site and and the reader board portion shah sot a:coed l purpose signs height vary from 10 feet in { tbusines o current must conform this any sqcombination uare feet, of thlti-directory and reedsdlr `height and 32 square feet current current saga ordinance thirty square teat{ rsanr to 20 feet in height And staaderds. swy I I pole multi-purpose signs shall ndt' f I4 1150 square feet. I I I board ground or arse. The total area of Pe 1 ! I exceed 150 square feet$ Yn the caso of song J .ff ument multi-purpose si;as, the mrsimuel oifery. 1 f I I ( all area shall be 225 sgW6 Teets horewt, I } I i I the copy area shall be limited to 150.6qua'o { I I feet leaving a base srea,Of 75 square fast{ I I !lasimum height shell be 10 feet !or'i►ulfi= "a¢ purpose monument signs bad 20, foot fie ps"k I I raaae ground or pole w1t1-purp0ie aijas Inquired setback for rulti-purposs signs.' , I shell be 30 feet froze front and`rQjoteia9 { private 'property liner{ ' multi-putooba 81604, are limitld to one per { asst front and a minimum spacing of 60 feet from edy othiir , i x? Ireeetanding signs f. J t y 1 R ; r Sign Compavisoa page 4 of 5 face Cha a Abilit I multiple 1,1141(11" 1,5 nc Si as OOt Cit { Si a Area and Hei ht MUlt- At ! { Signs ace categorised for l All0wasf~ba oEfectives (heightloPutweatyileetsaadlehFlo~ eitaaaCSed each Zoned district. Street{ long an area of 80 square feet. frontage is also considered area of the sign does I Of fifteen acres or greater, two Multiple- Aichsrdaoa ` { not change. I usage signs shall be permitted, providing 4 { Sign area and height vary I that only one multiple usage etas maYFor } I located per public street frontage. from 8 feat is height and I' I I I }1 { 25 square feet of effective { I Bites exceeding fCoss acres S ld,tch signs { area for apartment complexeal I are desired in excess of the reuDaet;~btittadl ' to 20 feet in height and 80 {total sign plea for the vita may k f square feet for multi- I to the Sign Control $oard for consideration { tenant signs. Signs for i as a variaace of the ocdihaacss industrial sites vary from I { 4 feet in height and 25 square feat for leas than I 10 acres to 20 feet in height and 60 square feet for more than 10 acres. I { } Upallcy remises MAY have a sign 1 { lus 20 aqua0' Sign area and hegoE street I cheogentha facelof theto areaiup to 80 squ, tut, p off I saga aslong as the frame feet per tena at advertised on the slam, or. San Marcos { based on the type Of i - 4{ or "can" is not altered. 1260 square feet, whichever is grater, vhia 41, { that fronts the is an business { and if the g { located in the highway tote Net per tamest { premise or on-premise sign. I I square fee', Plus w { For examples The area for I { advertised on the alga, or 160 square fast, { each sign shall not exceed ( whichevet is greater is all othet loCitlona. to 260 Square feet in the highway corridor, and 160 . { square fast in all other { E { { locationa, except for free- 1 { ( standing multiple occupancy signs. The height of signs 1 shall not axcoed 42 1/2 feet ` Along the highway corridor, j I and 25 feet in all other 4 # I locations. Freestanding 1 { signs within 10 feet of any I a { property line shell not I f, { exceed 4 feet in height ( f unless displayed on a fence 1 ; 1 or wall, a i I I J EMI 01 $144 Comparison Page S of S G Pace Change Ab11it I multi is Cccu nnc Si ne if %;he Of o More Cit Si n Area and Height I I e I face he model recommends tno I lots or therownertof areingleclot~Kith0more Kelly and The nodal ordinance divides I T ` Raeo's Sign resldentiel districts as I sign moeta the current I than one building (not including any acces4- Regulations I well as other businessnded I ordinance standards. l ory building) file with the Director for for small and I districts. The I such cone lots a Common Signase Plan Conform- communities for for sign s height, Single for Family example, Detached ` ing with the provisions of the ordinance, a 1 23 percent increase in the maximum total five District is feet with I sign area shall be allowed for each included six squats feet et of sign areal zone :Lot. This bonus shall be allocat¢d 1 maximum. In multi-Psnily I within each cone lot as the owner(s) elector t Districts the height would 1 ! r'" remain the same but tho I I 2 1 square footage would be in- I ;"1 1 I creased to 12 square feet. f l 1 In business distrleta, site 1 and height vary from twelve i F feet tall with 40 square feet to 36 feet in height 1 with 160 square feat. Multi I Family Districts allow one 1 ` every 200 feet whereas the business districts allow onel I 4 sign every 100 to 800 feet, ; I 1{ >y I I I depending on the coning. 1 ~x r, t,{ tid i J s r " Y t' Y g 4 1 IL , 4 at 1. r r i , DRAFT P&Z Minut13' 1991 February Page 2 He said that ld submit an construction activitieooiorgAgen than 5 pores application for a11QYVeissPmthe will have to The Environmental profs forming a Storm ering activity, The City is consid activities controlling entity. Committee, Some of our industrial %corn } Water Advisory will reguire us to take aoutLon soone ility may T b funding. e neeis a ded c to fund the A storm water stable basis (based notivities and to divide nthe cost ow funded on an through the tax base. It L on usage). D to take tax base and ut it in may be easier to take it away from the k to of a Wil look at this issue. ion A utility. The advisory PPSicat inst If the City Pursues date individual committee is November 21, 1991- group epPl cation, the an due Teton asked if there has been any communication with Mr. APP the business community about the regulations, individual Mr. Martin answered that he does not know of any efforts. signs, public hearing and discuss amending Article 11, II, Hold a P Appendix B, Code of Ordinances. k Committee is composed of Jerry Cott stated that the Sign a oar looking at mombers of the t3eautihsoahnvo spent ®nearlyn yereooeathinq of siggn companies. They n ordinance iaaASliving, hCity staff the sLgn ordinance. The sig finally ordinance that cannot stay as orig has guided the committee which is now An akin ordinance wasdtPibsa for nd several isions to the the S ig rov months ago that defined how to calculate g addressing the creation of a sign review board. The Sign Committeots recommendations address these and other issues. ' Mr. Robbins reviewed the proposed changes with the Commissiont i Morse Street is considered an arterial. Ms, Morgan asked why ! that it is designated an arterial in the M the Denton Development Plan, Robbins replied r I adopted thoroughfare plan of Me. Morgan left the meeting. viewed the Mr. g,bbins showed tsi signs ommis around und town. slides He with reviewed the Committee with the Co different sisas of s g recc-Amandations of the sign Mr, Holt arrived at the meeting. ! P&Z Minutes DRAFT February 13, 1991 Page 3 Mr. Kamman asked why 20' is being recommended as the allowable sign height. Mr. Robbins said that when setback requirements are taken into consideration, a 61 X 60' sign can end up in the parking lot r and cannot be seen over cars. This is a more restrictive standard than other communities. The majority of signs in our own community is 15' to 20' in height. Mr. Kamman said that 20' seems to tall. ' Mr. Robbins explained the proposed new method of dealing with k multiple occupant signs. ; Mr. Engelbrecht asked if a wall sign or projecting sign has to ~.Vsf conform to wind load requirements. y Mr. Robbins said that it could be added. ~ No. Brook asked if special sign districts would have to be approved by the Commission and City Council. t7I Mr. Robbins said yes. Ms. Brock said that she could see some benefits to having special sign districts. They could be an expeditious way of , dealing with areas of special character. r Mr. Appleton asked if every sign in a special district would have to be approved by the commission and Council. k Mr. Robbins said they could be handled one of two ways. Each I sign in the district could be looked at or standards for the district could be set up. This is used in Phoenix where they 1 have a unified sign plans it provides opportunities for business groups and community groups when doing community planning and entranceway planning. This type of district might be of interest to the city. It may be one way of controlling the problem of rewriting the sign ordinance very few years. Mr. Appleton asked if sign districts would be a battleground. Mrs Robbins replied that he does not have any experience in their administration. They could be. He is not sure there would be a lot of sign districts. Allowing them could be a safety valve. A bonus system could be used to encourage the elimination of signs in order to get a bigger sign. r. v,. Il i Val i F f I I P&Z minutes ` February 13 1991 DRAFT Page 4 Wayne Jackson, owner of All Signs, stated that he has been i working with the sign Task Force. They would like to see wind device permits issued per business rather than per premise. it is not fair to the tenants of shopping centers, One tenant could use up all the permits for the center and the others would be out in the cold. Mr. Appleton asked his views on sign districts. Mr. Jai*son said that he is in favor of them. They will create more attractive signage but probably not smaller signs. He said that he would be in favor of allowing the proposed taller signs on collector streets as well as arterials. There are a lot of businesses on secondary streets. A lot of small j ' businesses are going into older buildings and they cannot meet setback requirements. Downtown is an exception but there are a lot of older buildings built right on the street. In many cases a wall sign is just not effective. Joe Dodd, 1107 Greenlee, stated that the Bill of Rights will be in Dallas next month. Regulating signs is a confiscation of propertyo if signs are regulated to keep them from falling on someone or distracting drivers so as to make them unsafe, then that is ok. But the question here is about taste. He ` has been to California and to Phoenix. They are orderly and sterile. He is in favor of regulations to protect public safety but otherwise most of the sign ordinance should be wiped out. If there are regulations against ugliness then most of the people present are in trouble. Mike Cochran, 609 W. Oak, stated that he is a member of the I Sign Task Force and lives on a secondary arterial. There was a lot of refreshing agreement within the Task Force but he is against 200 signs on primary and secondary arterials. That is just too large. There are areas of town that are sensitive. I Twenty feet might be okay in some areas of University, Fort Worth Drive, and McKinney where there is lots of economy. They can have sign districts. Streets such as Locust, Elm, Oak and Hickory are grey. Residences are mixed in with businesses and these areas are sensitive. He does not want to tread on the Constitution but citizens have the right to determine how their town looks. Letting anyone with money do what they want could be economically detrimental to the town. The 6' x 601 standard is not the most restrictive around. other cities that compete with Denton have standards starting at 5, 6, and 8 feet. San Marcos, where Mr. Robbins is from, has very high signs. A sign district would take care of some problems that may come up. The City has not given the existing sign ordinance long enough to become effective. a Now ■ t . r r, D ID) RAF P&Z Minutes February 13, 1991 Page 5 He suggested creating sign districts allowing 20' signs with 80' of effective area in some areas of town where that might + be okay. The rest of the town should be left under the current height standards. Jerry Cott stated that he feels he must explain signs. Signs don't bring people to a community, they keep them from , leaving. Denton has relatively few kinds of advertising. signs are how we find businesses. The sign ordinance is a 'r good concept that we need to keep looking at. Signs are not ugly or pretty. They are either ugly or they are beautiful . because they make money. There is a need for larger, taller signs. r , Fred Gossett, 600 S. Elm, stated that he has a business property on Elm Street with three occupants. He is unable to advertise the tenants in an effective manner on a six foot sign. As a businessman, he would like to be able to use the property to the best advantage. A more lenient ordinance 4 might allow that. He hopes there can be a happy medium for people that do and don't want signs. Ms. Brock asked if he would prefer no sign regulations, 7. Mr. Gossett said no. He wants regulation but six foot is not A adequate and he would like a happy medium. Slick Smith stated that he owns 3-D Sign Company. The G ordinance passed a few years ago forced him into a monopoly and forced two of his competitors out of business. He is the i only t in the portable sign business. All of his signs one lei are registered. Each sign has a silver sticker that registers it for that location. He does not want to change the location. He would 1Sko to be able to wash and repair the signs. Sometimes they get run into. it does not take him five days to repair a sign. He would just like to be able to take the signs home fo;r one day in order to be able to wash and repair them. Jeanne Morrison, 2041 ttcripture, stated that the Sign Task Force has been working on the six foot size. The Chamber has said that it is not feasible, that six foot is hazardous and people cannot find businesses. So the Task Force tried to find something usable for everyone. Most people won't build signs 20 feet tall. She agrees that 20' is too high and wide + r in some areas. Special districts may need to be considered, There are a lot of areas that 20' would be obtrusive. It may take a while to do but districts may be the answer. y ell j P&Z Minutes ebruary 13, 1991 ' F Feb DRAFT Page 6 j She thinks the Task Force worked well with the sign group and tried to work with their needs. The recommendations they are making are not major changes but are a fins-tuning, she does not believe signs have run people away from Denton. There are many means of advertising. Change is hard to accept. A sign review board may help so that the ordinance will not need , Y constant amendments. , Mr. Holt asked how many signs have been put up on arterials since the ordinance was passed. Ms. Balser said that she is unsure of the number but several haw been put up. There were at least five ground signs on University and some on Locust. The majority on University have been wall signs. Ms. Brock asked if the people that have conformed to the six foot standard will be at a disadvantage is the allowable + height is raised. Ms. Morrison said that the task force discussed that aspect. Those people have the option to raise the height of their signs pf these changes are made. Ms. Brook noted that it would be an expense to them. Ms. Baker said that at least one sign on University would have difficulty being allowed any higher because of setbacks, Ms, Morrison stated that the recommendations will allow signs to be any size up to 20' high sign. The reason this size was looked at is because the sign people think that people will not mind conforming with the new sign ordinance at 15 or 20 feet of heightp bringing some of the larger signs down and making it smallor. Right now there is a lot of controversy over face changes. The revision would force the person to change the face. They would not be able to use the same face. This was part of the give and take of the discussion. A problem was not foreseen with people going ahead and changing out the face because in essence it would be cheaper for them to do that when they brought the size down. That was taker. into consideration to go higher on the hoight to eliminate the face change problem. Every' business will not want a 150 or 20' sign. The large signs are more expensive, Mr, Appleton said that the face change issue could still return. 3t- 1 3 P&Z Minutes Feb D 'All AF T February 13, 1991 Page 7 Ms. Morrison said that this is the agreement reached at this time and it is in their recommendation. Mr. Jackson said that the additional height will encourage people to lower their signs. A lot of people painted over the face of their signs because the alternative was a 6' sign. Now they can lower the sign to a more acceptable height and have a more attractive sign. j s+l Mr. Appleton asked if he favored face change outs. Mr. Jackson replied that he does with a 61 standard. The proposed new height is a :gore affordable alternative. When the Task Force agreed on a higher sign, the face change out issue was backed off. There will still be some that are hurt from it but the benefit will be overall. Mr. Appleton asked Mr. Jackson if he feels that he represents the business community. Mr. Jackson said yes based ,,)n feedback he has received. n} t' Mrs Cott stated that it the Commission needs these j recommendations to be verified by every member of the Chamber, } j he believes that they will be able to get enough of an answer F: during this process so that as a group the Commission can see r„ that these recommendations are representative of both the small and large business communities in town. Mr. Appleton asked if he was confident that it is now 1 represented. Mr. Cott said no. Mrs Holt commented that a large number did not respond to the chamber poll on the sign ordinance taken last year. Mr. Cott said that it is not unusual for a poll. Mr. Holt said that it shows a large number are not really concerned. j Mr. Cott said that they will go through that oxeroise again. ; i 1 4,. l i Em 1 I P&Z Minutes February 13 DRAFT February 13, 1491 ih Page 8 Chairperson Brock closed the public hearing. She said that M she is concerned about 20' x 60' signs on secondary arterials. There is more justification on primary arterials. She is also concerned about people that have conformed to the present sign 3 ordinance. if the rules are changed, they may feel that they were treated unfairly. When there are signs everywhere, it is difficult to focus on any of them. Mr. Kamman said that a sign may help direct people some , businesses when they are out driving around, but people don't look for a lawyer by driving around until they see a sign. Ms. Brook agreed that on the highway people want to be able to Al find places to eat and get gas. Denton allows higher signs on I i the highway. Unrestricted signs in town are not effective rignage and are more expensive because people feel like they i have to buy taller, flashier signs. Mr, Engelbrecht stated that impulse buying could be applied to all businesses what with Tv advertising and drive- througgh ; medical care. The process here is very important. Thors is a question of representation that should be gaged. He also has a problem with 20' on secondary arterials. Fifteen feet and 500 of effective area might not be bad and he realizes that most signs will not be 201. on secondary arterials the speed is less and there are less lanes. Mr. Appleton asked if the City could be a party to special p sign districts if they wanted to initiate more restrictive height. He said that he would like to explore sign districts but does not want to create a bureaucratic maze. Mr. Glasscock agreed. A lot of good work has been done an the proposals. He has some question about 20+ but overall the ` proposals seem okays Most people on secondary streets will not want 201 to begin with. Mr. Holt said that he agrees with Mr. Engelbrecht on 15I. The higher a sign gets, the worse it looks. C Ms. Brock said that it would be equitable to allow additional square footage for multiple occupant signs. I j' I ; DRA P62 Minutes February 13, 1991 Y Page 9 On question, Mr. Gossett stated that he does not think people come looking for his business every day. He bought the m` property because of the traffic count. People need to see signs so that they will be effective advertising. He had ;i' wanted to put his sign in front of the building but would have t, had to bury it in the ground. There are inequities in the - s sign ordinance but he believes a happy medium could be 4,~,, ' reached. f P, ~ " Mr. Engelbrecht asked if there are any places along Locust street where they might end up with a giant multiple occupant s sign along a small amount of property frontage.' ,r~ 4~ Mr. Robbins said yes, { Mr. En elbrecht was concerned that there might be 150 square 4 qq foot rigns every 200 feet. m Mr. Robbins said that it is possible but has not been ` happening and is ucprecedented, Mr. Engelbrecht noted that as an nrea becomes more run down, r the signs get bigger. Mr. Appleton said that he thinks wind device permits should be I } issued per business instead of per premise; however, the number of days could be reduced. ; Mr. Robbins stated that it ledvas the potential for a lot of wind devices in strip centers. Wind devices are not the s safest means of advertising. They have broken loose in the r r f,: past. Me. Brook suggested two permits per premise. j Mr. Holt preferred one permit per business. He noted that not ' i' many businesses put up large balloons, Mr. Glasscock agreed. Large balloons are expensive. 'F I Mr. Engelbrecht stated that the ordinance should prevent t illuminated signs from being a nuisance to residential areas. Mr. Robbins clarified that the Commission was agreed on raising the sign height on primary arterials to 20+. The.' current standard should not be changed for secondary arterials 7 rA, and special sign districts should be considered. ,5 4' r i 'X: R{Y . ` rt s3 fj,r it DRAFT PSZ Minutes February 19, 1991 Page 10 r Ms. Brock commented that she hoped the City, is not sending a message that they are chipping away at the sgn ordinance, It could be effectively repealed by watering it down. She is not in favor of continuous review of the sign ordinance. f !F, E ..s~~~t„ xlr N rN i . Y r rr~ I Y' + I ~ l l~ l y; r Y,~ [ ~A^ r(fr, 1F t I 4d.T Y c 7 pe t : - I 1 e r 1 r I1r{ Y i E OFFICE OF THE CITY ATTORNEY i MEMORANDUM I TOS Honorable Mayor and Members of the City Council I FROM$ Debra A. Drayovitch, City Attorney Draft Ordinance Amending the Authority of the Electric SUBJECT. Code Board of Appeals and the Plumbing o and Mechanical ' Coda Board of Appeals to Haar Appeals and Consider Requests DATES March 1, 1991 l Attached is a copy of the draft ordinance I forwarded to you last month, As you requested, this ordinance removes the final auth- ority of the above-referenced boards with respeot to appeals and granting variances. Hearing appeals and requests for variances o~ 10 would become the responsibility of the city Council. / I would like to bring to your attention that last week, when I not with Jackie Doyle regarding our recodification efforts, he advised Y me of a discussion with some members of the Building Code hoard+ In this discussion, Wayne Allen suggested that the Building Code Board, rather than the City Council, could hear the appeals from the Electric Code Board and the Plumbing and Mechanical Code Board' Jackie thought this idea had considerable merit. p When I visited with Frank and Lloyd about pursuing this recommen dAtion, they indicated they agreed this concept had considerable merit. For this reason, I submit this recommendation to you as another option. Should you determine that you desire that the Building Code Board take on this additional decision making respdn- J sibilityy, we will prepare the appropriate ordinance for your con- ; sideration. if you have any questions in this regard, please let me know. w r JJ ' I Ara A. Drayovit DADS js ,1+ Attachment xcs Lloyd V. Harrell, City Manager Frank Robbins, Executive Director of Planning E Jackie Doyle, Building Official ,w. 1 i 129028 febrwry 1, 1991 DO RL6 L "y ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER I TO fi PROHIBIT BOARD MEMBERS FROM REPRESENTING CLIENTS BEFORE THEIR BOARDS? AMENDING CHAPTER 9, CHAPTER 13 1/2, AND CHAPTER 17 TO PROVIDE THAT APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIRE- MENTS OF THE ELECTRICAL, MECHANICAL, AND PLUMBING CODE BE DECIDED BY THE CITY COUNCIL UPON RECOMMENDATION OF THE APPROPRIATE BOARD? PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AND EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! 3 SlLvf16H I. That section 1-44 ("General Rules) of Chapter I ; of the Code of ordinances is amended by adding a new paragraph to read as follows: Ranrasentation by Board Members, No board member shall represent for compensation another pardon before the board on which the member serves. SECTION II, That section 9-51 and section 9-92 of Chapter 9 of the Cods of Ordinances are amended to read as followai r Section 9-fl. Board Procedures and powers. The board shall adopt rules to govern its proceedings and shall elect a chairman who may administer oaths, and compel the attendance of witnesses, The board shall with the as- sistance of the electrical inspector and director of also- trical utilities periodically reviews the electrical code and make recommendations on the adoption of a now code. Section 9-9=0 appealed (a) Any person aggrieved by any decision of the electrical inspector may appeal the decision or order by filed in !!T in wrting with the BuildinOfficial within ton days of the date of the deciion or order appealed The appeal shall contain a statement setting forth the grounds of the appeal and shall be accompanied by the he established by ordinance. (b) An appeal shall stay all proceedings in connection with the decision or order unless the electrical inspector certifies to the City Council, after the appeal has been filed, that a stay would cause hasard to cite or prop- arty. In such case, proceedings pursuant to the decision or ardor of the electrical inspector shall not be stayed except by order of the City Council, (o) The building official shall transmit to the board all relevant records upon while the appeal was taken, The ■ board shall hold a hearing on the appeal within a reason- able time, after giving prior written notice to the per- son appealing. Any person may appear before the board and present relevant evidence on the appeal. After the close of the hearing, the board shall make a recommenda- tion thereon to the City Councils (d) The building official shall than transmit to the city council all relevant records upon while the appeal was " taken along with the recommendation of the boards The city council shall hold a herring on the appeal within a reasonable time, attar giving prior written notice to the ' parson appealing. Any pers,)n may appear before the City council and present relevant evidence on the appeals ; (a) The City Council shall havo the power to reverse or af- firm or modify, in whole or in part, the decision or or- der appealed from by a vote of of the members in attendance. No acision of the Council shall vary o~ be inconsistent with the terms or provisions o! thiti , chapter. i (f) znt ro camant. The electrical inspector shall enforce and execute all decisions and orders of the City Council made under this chapter. SECTION M, That Chapter 9 of the Code of Ordinances is F i amended by adding a new section 9-53 to read as lollowsi r section 9-93. variances. Any person may apply for a variano' •sf any requirement in { the use of materials or devices anA '.Ae mode or manned installation of construction required by this chapters request shall be submitted and reviewed in accordance with M the procedures • licable to appea Us The City Council may, altar receiving the recommendation of the board, It the variance by a vote of ~ of its members ! it finds that: he requirement would create an undue oil } Enforcement e I hardship# (b) Granting the variance would not violate the spirit j and intent of the requirements. I 9ecT_ =v. That Chapter 13 1/4 of the Code of ordinances is amended by adding a new section 13 1/2-3 to read as lollowaf i section is 1/2-31 Appeals E {a} Any person aggrieved by any decision of an inspector in the enforcement of this Code, may appeal the decision or 1 } PAGE 2 low- 1 order to the Plumbing and Mechanical Code board by filing an appeal in writing with the Building official within ten (10) days of the date of the decision or order ap- pealed from. The appeal shall contain a statement set- ting forth the grounds of the appeal and shall be aooom- A` panied by the fee established by ordinance. i (b) An appeal shall stay all proceedings in connection with the decision or order unless the building official car- tifies to the City Council, after the appeal has been filed, that a stay would cause hazard to life or prop- arty. in such case, proceedings pursuant to the decision or order of the electrical inspector shall not be stayed except by order of the City Council. (o) The building official shall transmit to the board all { relevant records upon while the appeal was taken. The board shall hold a hearing on the appeal within a reason- able time, after giving prior written notice to the peL ■on appealing. Any person may appear before the board and present relevant evidence on the appeal After th! close of the hearing, the board shall make a recomm6nda tion thereon to the City Council (d) The building official shall then transmit to the city Council all relevant records upon while the appeal was, taken along with the recommendation of the board. The city council shall hold a hearing on the appeal within a reasonable time, after giving prior written notice to the person appealing. Any person may appear before the City Council and present relevant evidence on the appeal (a) The City Council shall have the power to reverse or af- firm or modify, in whole or in part, the decision or or- der appealed from by a vote of of the members in attendance. No eoision of the C~ouno-L!l shall vary or be inconsistent with the terms or provisions of this chapters ! (f) Infargamank& The Building Official inspector shall en- oroe and execute all decisions and orders of the City t Council made under this chapter. SaCTIOM Y. That Chapter 13 1/2 of the Coda of Ordinances is amended by adding a new section 13 1/2-4 to read as followso sestioa 13 1/1-16 variamesse Any person me apply for a variance of any requirement in the use of materials or devices and the mode or manner of installation of construction required by this chapter, The request shall be submitted and reviewed in accordance with PA01 3 1 All . ti 4 I I the procedures applicable to appeals. The City council may, after receiving the recommendation of the board, grant the variance by a vote of of its members it it finds that I (a) Enforcement of the requirement would create an undue hsrdshipi 4 , (b) Granting the variance would not violate the spirit and intent of the requirements. 3 SECTION Vi, That section 17-29 of Chapter 17 of the Code of Ordinances is amended to read as followst section 17-29. Appeals. (a) Any person aggrieved by any decision of the plumbing inspector may appeal the decision or order by filed an appeal in writing with the Building official within tah (10) days of the date of the decision or order appealed from. The appeal shall contain a statement setting torrttep the grounds of the appeal and shall be accompanied by th4f fee established by ordinance, (b) An appeal shall stay all proceedings in connection with ,r the decision or order unless the plumbing inspector car- tifies to the City Council, alter the appeal has been filed, that a stay would cause hasard to life or prop- erty, in such case, proceedings pursuant to th* decision or order of the plumbing inspector shall not be stayed except by order of the City Council. (o) The building official shall transmit to the board all relevant records upon while the appeal was taken, The board shall hold a hearing on the appeal within a rsason- able time, after giving prior written notice to the par- son appealing. Any person may ap ar before the beard and present relevant evidence on tie appeal, After the close of the hearing, the board shall saki a recommends- tion thereon to the City Council. ial (d) Council all relevant records upeof wtransmit e appealCwas taken along with the recommendation of the board. The City Council shall hold a hearing on the appeal Within a reasonable time, after giving prior Written notice to the person appealing. Any person may appear before the City Council and present relevant evidence on the appeal, (a) The City Council shall have the power to reverse or af- firm or modify, in whole or in part, the decision or or- der appealed from by a vote of of the members PAGE 4 #A 1 I in attendance. No decision of the Council shall vary or be inconsistent with the terms or provisions of this chapter. (f), The plumbing inspector shall enforce and execute all decisions and orders of the City Council made under this chapter. SECTION VIZ, That Chapter 17 of the Code of Ordinances is amended by adding a new section 17.10 to read as follower section 17-100 ♦arianass. Any person may apply for a variance of any requirement in the use of materials or devices and the mode or manners installation of construction required by this chapter. request shall be submitted and reviewed in accordance with the procedures applicable to appeals. The City Council may, after receiving the recommendation of the board, grant the variance by a vote of of its sambsrs if it ' r^ finds than 'A (a) Enforcement of the requirement mould create an undue f 1 j; hardshipt and 4.~ l (b) Granting the variance would not violate the spirit and intent of the requirement. SECTION Viii, That this ordinance shall bee on* effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1941. !Od CASTLESERRY, MAYOR ATTESTt J't"IFXR WALTIRS, CITY SECRETARY a E y. BY 1 APPROVED AS TO IS= IORMt ( x DEEM A. DRAYOVITCN, CITY ATTORNEY I _ . sr BY $ PAGE S Fr e. -14.a Ai O ~s rITY CpUHCIL RUM i T0I Mayor and Members of the city council PROMS Lloyd V. }carrell, City Manager t, SUBJECTS Report ou House Sill 1110 1991 DATES March 5, :ions have been Municipal police and tifire me 8 The collective bargaininq ibill thatthas bargaining for am been expected in this legislative session as filed bi lCurtiis Boileau from Lumberton. The six main points of thid, o .B. w!' 11100 are outlined in the attached TML Legislative Update, is to oppose this legislation. s TML's highest legislative priority z Current law prohibits collective bargaining unless the voters adopt t it by referendum. The provisions of this bill remove the voters °wouldcnollonq be sit i Icoaliorerodaslloonlvcontrollniw 9es rtght locally but based on comparable cities elsewhere in the state which ~r r might have different local economies. l The City of Denton will be opposing this bill and answering TML's call for action unless the City Council has concern with this position, City staff will. be working with TML and may. equest City Council assistance to defeat this bill. We will pd you information becomes available concerning this and other important legislation, Please let ma know if I can provido additional information, Respectfully Submitted, Y~ ' s. , 4verre s.' Ll city Manager , Prepared byi Cat Administrative Ai istant d• 15 i i I 5 DATE 02/22/91 TEXAS muNICIPAL LEAGUE BULLETIN BOARD TIME 09126 AN j February 22, 1991 Number S POLICE ASSOCIATIONS SEEK COLLECTIVE BARGAINING BILL a For at least a year, we have been predicting that municipal police groups, combining their forces with lire fighter groups, would seek a collective bargaining bill during this legislative session. This week, that bill (H.S. r 1110) was filed by Representative Curtis 3oileau from Lumberton. The information below provides a background on collective bargaining; describes HOB. 11100 and requests that you take immediate action. BACKGROUND Public sector collective bargaining is generally prohibited in Texas. City voters can, however, adopt police and/or fire collective bargaining by referendum. The current law provides that it a governing body receives a petition signed by "the lesser of live percent or 20,000 of the qualified < voters voting in the last preceding general election," it must hold an election. on the question of collective bargaining rights for police officers and/or tiro fighters. To date, approximately 16 pities have adopted collective bargaininq for their police and/or fire departments. Voters in other cities have rejected collective bargaining, Obviously, this process laid out in current law down t work well enough or fast enough to suit the police and fire unions, and they j have for at least the part twenty years sought ways to force collective , bargaining on more cities. WHAT H.B. 1110 WOULD DO 9 H.B. 1110 has six most important featurasl each is described below. 1. Wages The bill would provide that peace officers and fire fighters in ovary H. city shall be given compensation and other conditions of employment which ark based on the wages and conditions in comparable cities elsewhere in the state, (Note1 current law requires that peace officers and firs fighters shall receive pay and benefits which prevail in comparable private sector 1 amployymmant in the local labor market area. Under H.B. 1110, the pay and benetits in West Texas# for example, may very well have to be based on pa) and benefits in the Dallas-tort Worth metroplsx or in Houston. Police associations Page 1 r•f 'y i` t TIME 09126 AM DATE 02/22/91 TEXAS MUNICIPAL LEAGUE BULLETIN BOARD across the state have a achavcomplish con isten~tly failed.paBecause through public referenda. . these "comparable pay" referenda have been rejected by local voters, the police popular provisions associations are now asking the legislatur so them these costl on all cities, including the cities which re 2. Right to Negotiate Contracts The bill would allow city councils to agree to negotiate (without the that a i petition and popular vote required by currant law) and would provide city must negotiate if presented with n petition only. In other words, the , i council could not put the adoption of collective bargaining to a popular vote .l under any circumstances. 3. Repeal of the Right to Negotiate Contracts . The bill would provide that if a city enters into an agreement, and if that contrsot has been in effect for at least one year, and if tatitionYand the right to negotiate can be repealed through a p has expired, referendum process, In other words, under H.B. 1110 the right to negotiate would be granted without a popular vote but could be repealed only with a popular vote. d 40 Good Faith ;d { Any, city forced into negotiating ewith r>ainiti~on wollwhet oonstitutils ;r negotiate in good faith. Presumably, rrr "good faith" negotiating would be left to the courts. a r i 5, Impasses if a city and the employees reach an impasse in their negotiations, they shall turn first to a mediator who will make suggestions on how to resolve ri; H B 1110 also provides that impasses can be submitted to the the impasse, voters. It mediation tails, and if the impasse is not put to the Voters, s x "taotlinder" (an arbitrator) will be used to resolve the impasm 6. Unfair Labor Practices The bill provider that it shall be unlawful for a city to , among x. other things, threaten under the obill, porsato refuseetolmoot and who conferowinggood i "rights" guaranteed faith." page 2 X E r y i ,A a } 2 , T T - - 7-1 III A 1 f DATE 02/22/91 TI%AS MUNICIPAL LEAGUE BULLETIN BOARD TIME 09126 AM 1 There are other harmful provisions of H.B. 11100 but the most important features are described,above. CALL TO ACTION This collective bargaininq bill is the legislative equivalent of an all-out , war. This bill must not pass in any forms there can be no higher priority than defeating this bill. We urls you to write to your members of the legislature today and express your opposition to H.B. 1110. We encourage you to make the following points in yourN letters q. , it Although the bill refers to "employment contracts," it is a collective bargaining bill. 2. There is$ under current law, a local option for police and fire collective bargaining. Those cities which opt for collective bargaining have it1 the others don't. This bill would remove that local option. :he current @y tam isn't broken, and it doesn't need to be fixed 3. This bill would remove the decision regarding adoption of collective ' bargaining from the voters. This is an option which voters do not want to'giv! up. ti d. This bill will not allow voters to approve collective bargaining,, it will only allow voters to repeal it. ; 5. Wages should be set locally, not on the basis of wages paid in other r, ' cities with different local economies and different pay scalesr ° please put these points in your own words. Also, please send copiea of YoUr correspondence (and any correspondence you receive in return) to !rank Stur:l at the League offices. Thank youl .,Y TML BILLS INTRODUCED y, . The following bills, which are part of the Lea e's "seek introduction and passage" category, had been introduced by the time this edition of the fttr Leqis ative Update went to press. .r y Page 3 w s" 0 a . ere.. A... . . 1, ~ t 1 CITY OF DENTON CITY COUNCIL MINUTES rk. FEBRUARY 5► 1991 r, The Council convened into the Work Session at 4:00 p, m, in the Civil Defense Room. or Pro of Castlerr PRESENTS Mmay embers Ayereb Gorton Maand Trent Tom Boydi Council ABSENT: Council Members Alexander and Hopkins. " The Council continued a discussion regarding the 1, F+ w ' potential sale of the City's commercial solid waste systems was to consider possible alternatives► and was to give staff ypt direction, Bob Nelsons Executive Director for utilities# stated that there } u` had been some late discussio,is with Texas Waste Management in which Texas Waste Management expressed concern regarding the, scenario where the city would sell the commercial system and direct the solid waste into the City's landfill until it was full, Texas Waste Management's concern was that tho bids as developed, did not include the mandate of putting the solid 9. waste in the City's landfill, They wanted to review the conditions with the City again, He then reviewed the options available with advantages and disadvantages of each (Exhibit A). Council Member Trent stated that there appeared to be aka', tremendous disadvantage with Option 2 in which the City would ' ( be in the landfill business until 1996. He was under the 1 impression that the City was trying to get out of the landfill Yy business as quickly as possible. Nelson replied that that was one of the oblectivea needed to be considered. At the same times it was important to see what it did to the residential rates. The landfill rate was $3.0 per R cubic yard which would keep the landfill onthe a break iandfiiiveo 5 basis , Staff felt there was enough money in t r handle the regulations associated with Subtitle D until it was full. With a tipping station with a $60 efees a year and a now it would escalate at per y ar, An half from September would be to close the landfill before a year from when Subtitle D would come into effect. The problem was that there was a large pit to close, Another concern was that the City would have a five year responsibility for the landfill and with Subtitle D► the City would have a 30 year rtime pfiameimi yght # As the City owned the property, the 5/30 y not matter as it would still be a responsibility. Mayor Pro Tem Boyd asked how the $6.00 figure was determined. f; City of Denton City Council Minutes February 5, 1991 Page 2 order sto the put figure transfers stWaste ation in Denton was replied felt Nelson necessary tin that with seven trucks. City Manager Harrell stated that early in the discussion the moat favorable economic advantage was a program in which the City sold the commercial system and substantially increased the !1 level of haul into the landfill to fill it in the 18 month period. A $3 p cubic yard r for charge Ciwould be in ty. Although (there was Econo.licallyi that worked we { was an agreement which staled that the City could direct Texas Waste management's waste to any landfill, it was felt that there was a problem increasing the volume coming in at $3.45. That scenario, although most advantageous economically, was not f considered. Council Member Ayer stated that reference had been made regarding recent contact with Texas Waste Management. He felt that perhaps they were having second thoughts which might have profound impact on one or more of the scenarios, He asked Nelson to be more specific regarding the events. r. 14F Nelson stated that the $1.9 million bid was predicated on Texas Waste Management taking all the commercial solid waste which they were now hauling and that which the City was hauling and taking it to their DFW landfill. it did not include bringing 4 it to the City's landfill. Council Member Ayer stated that that was not his understanding. His understanding was ttat the portion where the waste would be brought to the City's landfill was part of ' the bid. City Manager Harrell stated that that was the point that needed to be discussed with Texas Waste Management. From the City's standpoint, there was a license agreement which was signed by Texas Waste Management which gave the city the right to direct epooiEicaiioheCity wanted it to go. That was part of the waste the John Thompson, Chair-Public utilities Board, stated that the Board had met in the morning and concluded that the City should either got out of the commercial solid waste business or be an exclusive provider. There was a need to protect the r` residential customers. Jerry Cott, Governmental Relations Committeo-Chamber of Commerce, stated that the Chamber fle be the commercial es well as the residential customers needed to protected, City of Denton City Council Minutes February 5, 1991 Page 3 2. The Council then convened into the Exeuutive Session to discuss legal matters (considered action in County_ve. Cit real estate, and personnel/board appointments considered appointments to the Building Code Board► Community Development Block Grant Committee► the Electrical Code Board, the Historic Landmark Commission, the Human Services Committee, the Animal Shelter Advisory Committee► the Blue Ribbon Cormittee for Storm Water Utility and the Sign Board of Appeals). The council received a presentation of the 3. Comprehensive Annual Finance Report for the year ended r,•', September 30, 1990. George Scott► Deloitte & Touche► stated that they had performed , an audit of the financial statements of the City for the year ending September 308 1994. The audit was performed with generally accepted auditing standards. A variety of teats and procedures were performed with no limitations placed on any i a There were no disagreements with audit procedure or task management as to the proper application of accounting principle. The audit also included an examination of the µ City's compliance with certain federal laws and regulations in r relation to the federal programs, That part of the audit identified no situation which was' a material instance of non-compliance with federal laws and regulations and found no instance with a material weakness in the control system over those programs The Report to Management included the following auygestionst (1) sanitation operations the sanitation operations had a net loss for the year and it was recommended to conduct a study to determine the rates necessary to cover gperating and nonoperating expenses and transfers associated with the sanitation operations, (2) Accounting h procedures manual - this would be available to all staff and would document internal accounting control procedures and assign responsibilities within the Accounting Department, (3) i Notification of employee termination - currently the employee submits a letter of resignation to his supervisor who in turn submits it to the h rsonnel Department, it was recommended s`. that in addition to notification to the supervisor, a termination form be submitted directly to the personnel Department, (4) Federal and state grants - a federal grant was not reported to the Accounting Department in a timely manner, incomplete documentation was maintained to support the in-!rind services provided to match the grant funds received, A recommendation was made for monitoring the preparation and sub.tission of grant applications as well as documentation requirements necessary to comply with %Irant conditions- (S) Fixed assets inventory - periodic physical inventories of fixed ti. assets purchased with federal funds had been done but not a complete physical inventory for all the city's fixed assets, I It was recommended that a complete City-wide fixed asset inventory be completed. (6) Consider establishing an internal audit positions i WIN r. Y City of Denton City Council Minutes February 5, 1991 Page 4 Council Member Trent asked if other cities the size of Denton had an internal auditor position. Scott replied yes, + Council Member Trent asked if this was the first time the lack ` of a fixed asset inventory had been noted, Scott replied no that it had been noted last year as well. r City Manager Harrell stated that an inventory had been in the proposed budget but was not funded, John McGtane, Executive Director for Finance, stated that the f(' City had a healthy balance in the general fund with a problem as noted in the sanitation fund. 4, The Council received a report and held a discussion 'yf regarding a proposed five year strategic plan Lloyd Harrell, City Manager, stated that there were several items to discuss with Councils (1) a review of the strategic ' planning activities the Executives participated in, 121 a ?f 7 +f2 review of Council goals and the progress reports on comaittee,r for the goals, (3) a marga of the strategic planning Items and t~ Council goals where possible, and (4) feedback on the mission r: statements and success elements, At the work session of October 23, 1990, the Council decided that prior to implementation of the strategic planning effort, another study session was needed. The background information presented included the following sections: (1) background information yi which included City goals, work plans and the status of the goals (2) summary of changes which noted changes in goals since the Councis last discussion) (3) 1991-1999 proposed 1 strategic plan time frame to start programs! (4) miscellaneous work plans for goals which did not fit anywhere else in the plan, Council Member Gorton suggested a designation of who had the role for on-going projects in the miscellaneous category,. Harrell continued that the mission statement of the City was $to be a leader among cities in delivering outstanding quality services and products through citizen involvement, innovation and sella!ent use of resources'. Council Member Ayer felt that there was a combination of a ! mission and a goal statements He felt the mission was to deliver services to the citizens, The rest of the statement seem to be a goal - how the mission was going to be accomplished, i i . a . wry.:. i City of Denton City Council Minutes February S, 1991 Page S Harrell continued that in order to achieve the mission statement the following success elements and strategies were suggestedc (1) citeateinezens and deliver services implement a volunteer program Program' implement an 'Adopt-A- ` implement a work release program " implement training programs for citizens that would reduce City costs and /or improve service delivery rY (2) Aggressively involve citizens in mutual goal setting process of the election and delivery of services and products conduct citizen surveys initiate a comprehensive neighborhood planning program establish a 2000 Committee conduct periodic town meetings perform the function of a public information officer .r, 1 (3) identify and implement new revenue sources implement a demand aide energy and water program. implement a drainage utility ` implement special and public improvemt i districts establish payments in lieu-of-taxes &aa other state aid (1) Become a unique and special city in the Metroplex promote unique architecture aggressively market University activities and t opportunities emphasize cultural attractions promote entryway regulations and beautification programs implement greenbelt including water feature in civic' ; Center Park Make Joss Feat and Festival of Lights regional events (S) expand and diversify local economy by attracting and expanding desirable commercial, industrial and education enterprises. develop partnerships with large deVeloppera locate a research center in the City limits establish an aggressive marketing program including the 1-35 corridor compLeto utility expansion pprogram implement an aggrosatvo bueinoss retention program ` complete Hwy 1199 and Loop 209 J: I Ir f f. l 1 I A, 11, t,,,; ,d .+«.~>".uwip rvJM it'.n y~l',a:Mnd <cr r+.a City of Denton City Council Minutes February 5, 1991 Page 6 Mayor Pro Tem Boyd stated that he had been introduced to the concept of comprehensive neighborhood planning at an NLC Conference. There were many advantages to the concept. He felt that a city could be working on a project which might be unimportant to the citizens and as a result the city would not receive credit for the work done, On the other hand, if there were money designated to use in a particular neighborhoods citizen input would be very useful on how to spend that money. A city could be much more efficient get t: ,c that kind of feedback from the citizens and the citizens ;ere more willing to volunteer to help with projects. 111 r Council Member Trent felt that that was important but was ` concerned that such an idea could go too far and only the citizen's concerns would be considered and not the requirements n of the city such as roads. Mayor Pro Tom Boyd felt that the citizen survey and the 2000 Committee were different kinds of citizen involvement. The citizen survey gathered information from the community relative i to what citizens would like to have and the 2000 Committee would work on those ideas. ` Council Member Trent felt that the people who were informed> would be so whether on a committee or not and would speak, out whether on a committee or not. The problem he sew happening was that there would be a study with no method to implement. , No one to do the work. Mayor Pro Tom Boyd felt that that would happen if there were no follow up on the ideas, if this were a Council goal, then a commitment needed to be made to follow up on all of the ideas. Council Member Ayer felt that individuals the Council hears from, in many cases, were informed about a particular problem one which would be affecting them, Very few of the citizens R were really informed about all the problems and all of the opportunities and responsibilities in the community. Harrell continued that the next step would be to have staff organize work committees to come back to Council with work i plans to implement the success elements. Consensus of the Council was to proceed with staff recommendations, 40 The Council received a report and held a discussion i t regarding the placement of a historical site marker on the Quakertown Site (Civic Center park). ; F FI " City of Denton City Council Minutes February 5, 1991 Page 7 Mike Cochran, Chair-Historic Landmark Commission, stated that the Historic Landmark Commission had approved a local historic site marker to be placed on the Quakertown site in order to commemorate the history of the Quakertown community as part of the development heritage of the City. Quakertown was an African-American community located on the site now used as the Civic Center Park. A city bond election was passed in 1911 to create the park on that site and the residents were required to relocate. Many of the residents moved to East Denton where they and their descendants now lived. The Council convened into the Regular session at 7100 p.m. in the Council Chambers. PRESENTS Mayor Castleberry; Mayor Pro Tom Boyd; Council ; r. a"fir, Members Ayer, Gorton, and Trent, ' ABSENTI Council Members Alexander and Hopkins r, 1. Pledge of Allegiance" The Council and members of the audience recitod the Pledge of Allegiance. . r Item 13 was considered. 31 The Council considered approval of a resolution of appreciation for Walter Keen. % Mayor Castleberry presented the resolution of appreciation to ;P Mr. Kean. The following resolution was considerodt No. R91-002 RESOLUTION OF APPRECIATION FOR WALTER KEEN Gorton motioned, Ayer seconded to approve the resolution, On 1 roll vote, Trent 'aye ' Gorton 'aye, Ayer 'aye," 96yd and Mayor Castleberry Faye." Motion carried unanimously, council returned to the regular agenda order, 2, oil considered approval of the minutes of the The Coun Ise meeting of January 8 and January 21, 1941. regu Trent motioned, Gorton seconded to approve the minutes as presented. Motion carried unanimously, 4 v I I I • City of Denton City Council Minutes February 5, 1991 Page 8 The Mayor presented a proclamation for American Heart Month- The mayor received a presentation from Texas' War on Drugs thanking him for his work in the Red Ribbon Campaign. . r 4, Public Hearings ' A, The Council was to hold a public hearing and ` consider rezoning a 5.165 acre tract from Agricultural District r to Neighborhood Service District on property located approximately 600 feet south of university Drive on the west side of Bonnie Brae. Z-015 (The Planning and Zoning Commission made no recommendation). }o' Mayor Castleberry stated that a letter had been received from the applicant requesting a postponement of the public hearing , until the next Council meeting, Council Member Ayer requested the reason for the postponement, Bob LeMond stated that the proposal required a three-fourths vote on the part of the council which would be six affirmative x. votes, As two Council members were absent, this would not be r possible. Ayer motioned, Trent seconded to postpone the public hearing to a date certain of February 190 1991. on roll vote, Trent "aye ' Gorton 'aye,' Ayer 'aye,' Boyd 'aya,' and Mayor ed unanimously. Motion cart! Castleberry 'aye.* B. The Council held a public hearing and considered adoption of an ordinance amending Appendix S-Toning of the Code of ordinances to allow one-family dwelling within specified A. non-residential districts. (The Planning and zoning commission ,r 4 recommended approval). XX`. The mayor opened the public hearing. No one spoke in favor, i r= No one spoke in opposition. The Mayor closed the public hearing. Harry Parsuad, Senior Planner, stated that the current zoning ordinance prohibited residential uses in the non-residential districts expect for the Central Business District and the Planned Development Districts, Staff had received requests over the past few years from citizens who desired to live in F the same buildings where their businesses were located, The f proposed ordinance would allow a one-family dwelling to be aw located in a non-residential zone intended for use by the owner or an employee. ,M. " 1 H y i ~hs ~ w, ■ City of Denton City Council Minutes February 5, 1991 Page 9 Mayor Pro Tem Boyd asked if the top floor of a building could be divided into several units. Persuad replied no that it needed to be a one-family dwelling unit. Council member Trent asked how the ordinance would be enforced. y Persuad replied that the City's Code Enforcement Officers would investigate violations. ' Council Member Gorton asked for a clarification regarding the number of Council Members required for certain kinds of votes. Debra Drayovitch, City Attorney, replied that in some zoning the cases issued before the Council at the current meeting would t required such a vote. 40 The following ordinance was considered: NO. 91-015 i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX B - ZONING of THE CODE OF ORDINANCES TO ALLOW; ~ ONE-FAMILY DWELLINGS WI'T'HIN SPECIFIED NON-RESIDENTI4 DISTRICTS) PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT 13a; OF $2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING dOR t. AN EFFECTIVE DATE, Ayer motioned, Bold seconded to adopt the ordinance, on roll vote, Trent "aye, Gorton 'aye," Ayer 'aye,' Boyd "aye,' and ~44 Mayor Castleberry 'aye." Motion carried unanimously. C. The Council considered a public hearing and considered adoption of an ordinance amending Appendix B, Zoning Code of Ordinances concerning planned developments 41,=. (The Punning and Zoning Commission recommended approval), G Frank Robbins, Executive Director for Planning, stated the Councila development process goals committee established an action item to streamline the PO process in their 1990 work Mn' t was felt that the provision of very detail information years in advance of actual construction was very problematic) that many PD's were often amended several timer 1 because of minor site plan amendments) and that, in many cases requiring building footprint and like data of such fine detail was not necessary during the first steps of the PD process. The toning Ordinance Task force recommended adoption of an theifirst twos steps$hand eliminating the devoiopmentprschedulin The Task force also recommended that there be no minimum development size that could be reviewed with the three step r' process. Robbins then compared the existing PD system and the I proposed system. (Exhibit B) }x A ' v , > w l wool i. City of Denton city council Minutes February 5, 1991 Page 10 Mayor Pro Tom Boyd stated that he had a concern that there would be no detailed site plan with 'footprints" approved in steps 1 and 2. Later when step 3 was approved, what guarantees were there that staff had watched the PD and that it was still J applicable 20 years from the time step 2 was approved. Would a public hearing be insightful at that time with that amount of time lapse. Council held a lengthy debate regarding a potential time lapse between stages 1 and 2 and when stage 3 would be approved. There was concern that the time lapse night be too long without additional public input. Concern was also expressed regarding old PD's which had been approved but which had had no development as of yet. The Mayor opened the public hearing. Ron White, Perot Group, stated that tho proposed change would allow flexibility in the PD developments. The proposed ordinance would not put Denton at a development disadvantagqe. He was not in favor of holding public hearings at the detailed c plan stage. Public hearing would be available at the concept plan stage and the development plan stage and that the detailed plan stage was merely a formality. All standards would be in place in the first phases and were controllable, He requested , Council consider favorable approval of the ordinance. s" z Fred Gossett, Denton Chamber of Commerce Governmental Affairs Committee, stated that he hoped this would be another step G. 1 towards a positive environment to compete, He urged the Council to vote in favor of the ordinance, Mike Reynolds, H.S. Miller, stated that the old PD►s had no development standards. The proposed ordinance was a chance !or j, future and old PD's to have standards, The current ordinance. was too detailed for large development. The proposed ordinance ; provided flexibility for zoning. He recommended approval of the ordinance, Mayor Pro Tom Boyd stated that there would be no problem with a PD it it moved quickly through the process, '.he problem would be with a PD which had years between steps, Reynolds suggested a time limitation possibility. i r. Mayor Pro Tom Boyd suggested perhaps after six years, a public' hearing would be required at the final step that could b® ; . waived by tho Planning and Zoning commission if necessary. r.k , ..Y 1 4 City of Denton City Council Minutes February 5, 1991 Page 11 Mike Cochran spoke in opposition to the proposal, He stated that he agreed that the ordinance needed to be streamlined but he objected to the removal of the public hearing in the final citizens felt the time Efactor liminating might the be that process. putoo blic hearing t in the final process did a disservice to the community and the Council as well. He felt that the Council should go the extra step to make sure the public was heard and that a public hearing at the final stage would surely not make/break the 'i i issue. Mayor Pro Tem Boyd stated that development standards were at z, the first stage. Would the public have sufficient information to make comments then. .ys Cochran replied that there was not enough information to make ' an informed decision, Mayor Castleberry stated that the size, location, land use standards, preliminary roads, preliminary utilities, and existing conditions would be known, was that not enough s, information to make a decision. Cochran replied that that was still not enough, Sites could be' 1 revealed in the detailed plan that were not shown in the r` earlier stages. P Dennis Jerkay stated that this type of proposal was working in ; many cities, For a larger development, it wAs good to set standards up front with details to follow, There would be no fewer public hearings than the current ordinance had, they a' would list be in different stages, The Mayor closed the public hearing. The following ordinance was considered NO, 91-016 AN ORDINANCE Of THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 11 OF APPENDIX S-20NINO OF THE CODE Of ORDINANCES RELATING TO PLANNED DEVELOPMENT DISTRICTS# AMENDING THE TYPE OF PLANS REQUIRED AND : THE INFORMATION REQUIRED FOR EACHI AMENDING THE APPROVAL t PROCESSI AMENDINO THE PROVISIONS FOR DEVELOPMENT SCHEDULESI PROVIDING FOR A SEVERASILITY CLAUSE! a. PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT Of O,000,00 FOR VIOLATIONS THEREOPI AND PROVIDING FOR AN EFFECTIVE DATE, da. . _ inn : I1 R~ f k City of Denton City Council Minutes February 5, 1991 Page 12 Trent motioned to adopt the ordinance, Council Member Gorton stated that if the ordinance were changed to include public hearings at all stages, then notice would be given for concept, development and detailed stages. Public hearings for the Planning and Zoning Commission at all three stages. Public hearings for the Council at all three stages. Robbins replied that that was correct. There would be six public hearings and three 200' notices which was more than the current ordinance required, v Council Member Trent asked how many public hearings were needed. Council Member Ayer replied that it was not a matter of how many were needed, it was a question of at what point and under what circumstances they were needed. He felt that the time :r> lapse was a problem. He questioned the ability to see too far ahead to be able to draw plans for a distant future. He did a° feel there should be some degree of flexibility, He felt that perhaps if ten years had elapsed since the approval of the development plan, then the notices and public hearing would be required. City Manager Harrell suggested a new section entitled, 'Expiration of nevelopment Plan' which would state any s development plan approved after February 5, 1991, shall be Vd { valid for 10 years from the data of the approval, if no detailed plan had been approved within the 10 years, the development plan would automatically expire and no longer be j rk valid, The Council may, prior to expiration of the development plan, for good cause, extend for up to (time) for which the development plan was valid, Boyd seconded the motion to adopt the ordinance, s~ Boyd motioned to amend the main motion adding the lan9wage suggested by the City Manager with the additional provision that within the ten year period, the Commission may prior to of the development plan, for good cause shown, the expiration extend up to 21 months the time for which the development plan j was valid, This could be done Mora than once, He felt that by allowing the 21 month extension, a purpose would be served to still notify citizens about what was happening with the i property. Council Member Ayer felt that if the 10 years had elapsed or ware about to elapse, conditions may have changed to a oint where the plan would no longer be in the beat interest of the s' City, At that point, he was unwilling to keep the plan alive indefinitely by two year extensions, y t .wu t i City of Denton City Council Minutes February 5, 1991 Page 13 City Attorney Drayovitch stated that Robbins felt there would be a problem with the automatic expiration of the development plan. Was there an objection to the triggering of the notice theu than between and devel pment plan and ap10 proval years ofathed detailed aapprheaovalrinog re plan. Mayor Pro Tom Boyd replied that it seemed reasonable to not have the public hearing at the detailed plan stage if the j + development plan was current. His problem with not having the I public hearing on ti:e detailed plan stage was when there had been a lot of time elapsed between the development plan and when final construction began. Council discussed alternatives to the notices and public hearings. A suggestion was to have notices sent out to e affected property owners informing them that the item was going to be on the agenda. s 3 Mayor Castleberry asked the Manager to repeat his suggested i wording. City Manager Harrell stated any development plan approved after February 5, 1991# should be valid for 10 years from the date of I its approval. If no detailed plan had been approved within the w i 10 years, the development plan should automatically expire and no longer be valid. The Counoil, may prior to the expiration t more hthan v94omonth periodsf o theotimeafor which the extdeveend for plan was valid. Council Member Ayer stated that he was in favor of the 10 year period$ He was reluctant for the extension but might consider one 14 month extension. He would not be in favor o! an endless ? y i Yf series of extensions. After a brief recess, City Manager Harrell stated that staff had wording for the, Council which might be acceptableo The 1 ; 'approv d by the city council, on 4 detailed iplan paid been approved for the property within 10 yearn of the data of Approval of a development plan, in which care the detailed plan 1.: must be approved by the City Council, after notice and hosting', Mayor Pro Tom Boyd stated that the process would include that after lu years had expired since the approval of the development plan, the approval of the detailed plan would require notice of hearing before the Council but the development plan would still be in existence and the Council y 10 would had exg redngetweentthe detvelopmenit ani i the detailed plan, ; t 1 i 7 . d City of Denton City council minutes February 5, 1991 Page 14 Mayor Pro Tem Boyd stated that his interpretation of the amendment was that at the concept plan a approved. de elopdent plant the various standards would be occurred relatively rapidly after that, the detailed plan would be approved without public hearing at the Council and not before Council at all. If the development was not rapid, after a 10 year period, there would be a public hearing on whether or not the PD still complied with all standards. Robbins stated that if a detailed plan were done on any part of the development plan, then the 10 year time frame would not apply. City Attorney Drayovitch stated that it might be, for example, on 5 acres which would a 1000 acre PD with a rta il mechanism. plan arrest the 10 year trigge Mayor Pro Tem Boyd withdrew his original amendment. Boyd motioned, Ayer seconded to amend page 3, paragraph 4 to read 'has been approved by the City Council, unless no detailed plan has been approved for the property within ten years of the date of approval of the development plan, in which case the detailed plan must be approved by the City Council, after notice and hearing'. Boyd motioned, Ayer seconded a second amendment to read 'The Commission or City Council may impose conditions concerning the location, use, arrangement, construction or development of the District in order to ensure the appropriate use of the District and to protect surrounding properties, Council voted on the second amendment. On■rollo vend Mayor 0ayej` Gorton 'aye,' Ayer aye, Boyd aye, Castleberry aye. Motion carried unanimously. t ; Council voted on the first amendment. on roll v to Mayor ■aye,■ Gorton 'aye,' Ayer ay 00 Boyd aye, Castleberry 'aye.' Motion carried unanimously. Council voted on the main motion as amended. On' rand Mayor Vote, Trent 'aye,' Gorton 'aye,' Ayer 'aye,' B Castleberry 'aye.' Motion carried unanimously. D. The Council held a public hearing and considered approval of a resolution amending the concept map of the Denton Development Plan to provide for the expansion of the Special Purpose Activity Center and amending the boundaries of intensity Areas 11, 9, 30, 951 105, 1071 1090 si10 tand Appendix A, (The Planning and Zoning approval.) is AH ~ *All i City of Denton City Council Minutes February 5, 1991 Page 15 Persuad, Senior Planner, stated that there were two Harry amendments in the resolution. one was to expand the special purpose center and the second was to amend the intensity area boundaries. The proposed expansion of the special Purpose Activity Center would facilitate the zoning and marketing of proposed the site. The boundaries would p omote the planning and development intensity lands in that area in accordance with the policies in the Denton Development Plan. The Mayor opened the pubic hearing. ; No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following resolution was considered: NO. R91-003 wr A RESOLUTION AMENDING THE CONCEPT MAP OF THE DENTON DEVELOPMENT PLAN TO PROVIDE FOR THE EXPANSION OF THE k ~1F SPECIAL PURPOSE MAJOR ACTIVITY CENTER! AMENDING THE BOUNDARIES OF INTENSITY AREAS 11 91 10, 95, 105j 1070 1091 110 AND 111 OF APP:NDIX A OF THE DENTON ~,ca DEVELOPMENT PLAN) AND PROVIDING FOR AN EFFECTIVE DATE. c ' sn x F h~l Boyd motioned, Gorton seconded to approve the resolution. On i roll Vote, Trent 'aye,: Gorton "aye,` Ayer 'aye,) Boyd Faye," " and mayor Castlebecry 'aye.' Motion carried unanimously. S. Consent Agenda Council Membrc kyer requested item S.A.7. be pulled from the Consent Ager•da for separate consideration. Gorton motioned, r Trent seconded to approve the Consent Agenda with the exception of Item S.A.7. Motion carried unanimously. A. Bids and Purchase Orders 1. Bid 11187 - Synthetic Floor North Lakes (Repair) 2. Bid 11206 - Propane Conversion (For Trial Use) w 3. Bid 11205 - Street light Heads . it I 111. City of Denton City Council Minutes February 5, 1991 Page 16 'rs 4. Bid #1212 - Fiberglass Tanks I 5. Bid #1214 - #2 Diesel Electric Production 6. Bid #1143 - Airport Infield Drainage 8. Bid #1201 - McKinney At Bell Intersection Improvements 9. P.O. #11956 - Traffic Eng b Controls 10. P.O. #11970 - DACO, Inc. B. 'Pax Refunds 1. Considered approval of a tax refund for Commodore Financial for $575.72. 2. Considered approval of a tax refund for Banc One Mortgage for $2,286.15. 3. Considered approval of a tax refund for New Start P/S for $754.68. ra 4•,i Item S.A.?. was considered. Council Member Ayer stated that the bid sheet showed Jtr Construction Co. was not the low bidder. Was that in error. City Manager Harrell stated that the bid sheet had not been x. added properly and that JN Construction was the low bidder. : Ayer motioned, Trent seconded to approve Consent Agenda Item 5.A.7. Motion carried unanimously. a A. Bids and Purchase Orderss 7. Bid 11185 - Willowspring Drainage 6. ordinances A, The Council considered adoption of an ordinance accepting competitive bids and providing for the award of ' contracts for the purchase of materials, equipment, supplies or services. (5.A.14 - Bid #1187p 5.A.2. - Bid #12060 S.A.3, - z Bid #12050 S.A.4. - Bid #12121 S.A.5. - Bid #1214) r I ryM~ City of Denton City Council Minutes i February 51 1991 Page 17 The following ordinance was considered: N0. 91-017 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE] AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.6. - Bid #1143, S.A.7. - Hid 011851 5.A.S. - Bid #1201) The following ordinance vas considered: NO. 91-018 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Trent seconded to adopt the ordinance. On s, roll vote, Trent 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' i'. and Mayor Castleberry 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in r accordance with the provisions of state law exempting such purchases from 10 requirements jf competitive bids. (54A.9. - P.O. 0119560 . The following ordinance was considered: NO, 91-019 t AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE E PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. wow, I I ` City of Denton City Council Minutes February 5, 1991 Page 18 Trent motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent 'aye,' Gorton 'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried unanimously. ` D, The Council considered adoption of an ordinance I of the City of Denton, Texas, prohibiting the parking of vehicles on the east side of South Bonnie Brae Street, from its intersection with FM1515 to its intersection with Willowwood Street. (Citizen's Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that the no parking request was on the east side of Bonnie Brae from FM 1515 to r Willowwood. It was requested by citizens in the area concerned about the ability to travel on the street when football games were in progress at Liberty Christian School. The following ordinance was considered: N0. 91-020 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE EAST SIDE OF SOUTH BONNIE BRAE STREET, FROM ITS INTERSECTION WITH FM1515 TO ITS INTERSECTION WITH WILLOWWOOD STREETS PROVIDING i A SEVERABILITY CLAUSES PROVIDING A PENALTY NOT TO r i' EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE p. DATE. - Ayer motioned, Boyd seconded to adopt the ordinance. on roil vote, Trent 'aye,' Gorton 'dye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried unanimously. E. The Council considered adoption of an ordinance of the City Council of the City of Denton amending Chapter 2 of the Code of Ordinances of the City of Denton by adding Article VI) providing for the creation of a Downtown Development Advisory Boardl and, providing for the adoption of powers and duties of the Advisory Board. The following ordinance was considered: N0. 91-021 f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTONi AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING ARTICLE VIl PROVIDING FOR THE CREATION OF A DOWNTOWN DEVELOPMENT ADVISORY, BOARDS PROVIDING FOR THE ADOPTION OF POWERS AND DUTIES r '4 s; OF THE ADVISORY BOARDI PROVIDING A REPEALING CLAUSEI AND PROVIDING AN EFFECTIVE DATE. ¢a R i s city of Denton City council minutes February 5, 1991 Page 19 Boyd motioned Gorton seconded to adopt thheeordiBnanace. on rand vote, Trent aye, Gorton aye, Mayor Castleberry 'aye.' Motion carried unanimously. F. The Council considered adoption of an ordinance and authorizing an exchange of land The Park and hRecreation Denton Rayzor Investment8s Ltd. commission recommended approval.) Planning and Zoning Bob Tickner, Superintendent of Parks, stated that the ordinance would enable better use of the park land for expansion o recreation facilities. When the original boundary line recreation was established, a gore was created along the west line of the City tract. This property was now used as part of the North Lakes Park. This boundary realignment would allow for additional park facilities to be constructed with further development of to proert owner as proposed ayor investments) was the agreeable The following ordinance was considered: NO. 91-022 AN ORDINANCE AUTHORIZING Atl EXCHANGE OF LAND BETWEEN 4 THE CITY OF DENTON AND RAYZOR INVESTMENTS, LTD. AS _ MORE PARTICULARLY DESCRIBE'J HEREIN$ AND PROVIDING FOR AN EFFECTIVE DATE. 1 Trent motioned, Ayer seconded to adopt the ordinance. Ong r•11 vote, Trent 'aye,' Gorton layer. Ayer layer' Bbyd aye, and y,. Mayor Castleberry 'aye.' Motion carried unanimously, G. The Council considered adoption of an ordinance approving a contract providing for the exchange of certain real property owned by NCNB and the City of Denton and authorising the c and 091 Committee recommended approval.) (The Library Board Rick Svehla, Deputy city Manager, reviewed the expenditures from the various bond accounts associated with the project. He stated the development costs would be equal. Library funds would be used to construct the public sidewalk, 8• sewer lines a portion of the 6' water line for both of the buildings. ortion of screening efences t lirainage Eire bond fund would build the facilities, and the remaining p ` x 1 City of Denton City Council Minutes February 5, 1991 Page 20 1 The following ordinance was considered: c NO. 91-023 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE r EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY NCNB AND THE CITY1 AUTHORIZING THE ACCEPTANCE OF AN ACCESS EASEMENT FROM NCNB; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance. On roll I vote, Trent 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd `aye,' and F Mayor Castleberry 'aye.' Motion carried unanimously. 7. Resolutions F, A. The Council was to considered a resolution adopting an infrastructure financing policy for economic development. This item was pulled from the agenda. 8. Miscellaneous matters from the City Manager. A. The council received the Upper Trinity Regional Water District Application for Texas Water Development Hoard 'f ` funds for Denton Water Plant Project and associated Water transmission pipelines. Bob Nelsons Executive Director for Utilities, `stated that the I Y Upper Trinity Regional Water District had approved sending an t. application to the Texas Water Development Board for bond funds I ! for the Denton Water Plant project and associated water ` transmission pipelines. The application would go before: the ` Texas Water Development Board for approval at their February board meeting. No obligations would be incurred by the z, District, and thus, by the participating cities, until the District requested funds from the Texas Water Development Board ' for payment of project costs. Upon approval of this application, Denton would be reimbursed by the Upper Trinity Regional Water District for approximately 46% of costs incurred { to date on the vatar plant project. No action was needed at this time. 9. There waa no official action taken on Executive Session items during the Work Session Executive session. i i, a, f i 1 r F. l 1. City of Denton City council minutes February 21, 1991 Page 21. 10. New Business Council There were no items of New Business suggested by td Ay members for future agendas. 11. The Council did not meet in Executive Session during the Regular session. 4 t With no further business, the meeting was adjourned at 1Os20 r I... ~7. p.m. BOB CASTLEBERRY* MAYOR t' CITY OF DENTON# TEXAS E ER W TERS CITY SECRETARY CITY OF DENTONO TEXAS C 3350C J 1 5 Y. i - 10 `k P r 4 'd I rJ I ~ r, it , /r J11. k I ~ ) KNt i; LI S't J f~ lr yy Y' 1 f ''I 4~. ' J _t< i 1 VOW, Exhibit A TO: THE MAYOR AND MEMBERS OF THE CITY COUNCIL FRCM: Lloyd Harrell, City Manager DATE: January 31, 1991 i SUBJECT: BID #1181 - SALE OF THE caff-XM SOL'.J WASTE COLLECTION SYSTEM ; REUMENDATION: Should the decision be made to sell the commercial system, then Scenario 2 in which the City maintains constant landfill volumes through closure in 1996 and } then hauls its waste to the DFW landfill appears to be the most appropriate course of action. Should the decision be made to retain the commercial system then it is recommended that Scenario 8, which will give Denton the exclusive frarchise of the commercial and residential services in Denton, be strongly considered since it results in either the highest emulative revenues and net present value or in the lowest residential rates. SLMMARY/BACKGROUND After the presentation to Council on January 22, 1991, staff continued to refine the numbers contained in the various scenarios included in Solid Waste Alternatives Reference Materials Report. The refinements are basically limited to the selection of one residential rate for all scenarios (except Scenario S) so that the financial comparisons could be made on the basis of Net Present Value (NPV) or emulative revenues. Also, the analysis time frame was extended G from the year 2000 to 2005 so that the effect of developing a new landfill in, 2003 could be shown Once the refinements were completed, staff conducted an analysis of the alternatives on a comparative basis. Based upon our analysis we were able to eliminate Scenario 104 (CS-LD-DH/LE) and Scenario 07 (CR•LC-DH) from serious consideration as neither of these options produced desirable results. Staff also developed a Scenario ILA which is derived fros the origi- nal Scenario 2 (CS-LC-TS) and incorporates additional provisions offered by Texas Waste Management (T*O. In essence, Scenario 1A (CS-LC-TS) involves the sale of the commercial system, accelerating the fill of the landfill and disposing of waste through a TW transfer station. Add7tionally, the City would fill only the currently ex- cavated pits at the landfill leaving other available space unused. This action IM would allow for the premature closing of the landfill in October, 1992. has offered the City $1.2 million in exchange for the premature closure of the landfill and the execution of a fifteen year contract with TW for use of the im transfer station at a fee not to exceed $6.00 per yard with the standard ; CIP escalation clause. A comparative analysis of this alternative and the other scenarios is included in the following tables and graphs. { r. lA2/LAl/010991028/43 I . .LO i I The basic scenarios are as follows: 1. SCENARIO 1 (CS-LA-DH) Sell the Commercial System, accelerate filling of the landfill and close the landfill and direct haul residential waste, 2. SCENARIO IA (CS-LC-TS) Sell the Commercial System, cnTinue present volume in the landfill until the end of FY 1992 and t eTi n Twin to transfer station. 3. SCENARIO 2 (CS-LC-DH) Sell the Commercial System, continue present volume in the landfill until closure in 1996 and t en rect haul to the DFW lan3fflTT- Lewisville. 4. SCENARIO 3 (CS-LC-LE) i Sell the Commercial System, continue present volume in the landfill until closure in 1996 and t n expand the landfill. S. SCENARIO S (CRD•LC•LE) K' i Retain the Commercial System. elrease Customer Base by 21 per year. tR}' ont ue present volume in the landfill until closure in 1996 and tTien"eman the landfill. '~s r 6. SCENARIO 6 (CR•LC•E.E) 1 J . Continue on our present course and 1 re a UrM* commercial system and i clue prison vo tma in the landfill, elan he landfill when necessary, pro ably 1946. 7. SCENARIO 8 (CRE-LI•LE) Retain the commercial system as exclusive, { slight y increase andfill volumes additional commercial and > expand thFIRWITI en necessary, probably in 1996. y' r x ;''Y; L42/Lkl/010991029/44 2 i f f SCEZARIO 1 is where Denton sells the system, gets out of the landfill I operations as soon as possible, hauls residential waste to the DFh' i landfill, and retains the residential collection system. The result is as follows: (YEAR) 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 4 RATES 9.95 9.95 9.95 10.15 10.80 11.35 12.00 12.95 13.85 14.85 ; 280) (260) 212) (112) 12 260) ( 4 7 128 (529) ( ANN. REV. 622 108 LTC. FEE 0 0 0 0 48 102 159 219 227 235 i R, (YEAR) 2001 2002 't 2004 ZOOS RATES 15.85 16.25 16.75 17.25 17.65 ANN. REV. 21 32 63 93 99 LTC. FEE 243 252 261 270 279 Net present value of annual revenue funds is: $1,5469000 IE - NOTE: Vat present value is the amnmt of money you would need today, which, if yr,u invested et 7.S1 interest, would provide cash revenues equal to the e .annual Revenue accounts. The main advantages of Scenario 1 are: I A' 3. The City of Denton would receive $1.9 million for the Commercial t system. ; W° b. Denton can relieve itself of the very uncertain liabilities of being in the landfill business. Co The connercial customers would have the option to choose among the various private haulers operating in Denton. d. revenues fter receive which in 2005 equls1$2to 61 o 79,000f gross commereial e. Denton's residential rates would hold steady at $9.95 until 1994 and then would increase an average 4.94 per year by 2005 and stabilize there at $17.65 per year with estimated 33 to 41 CPI increases thereafter. F.C P lA2/W/010991028/45 3 a ~ 1 1 t `I lllr I The disadvantages are: a. The rate to be charged to landfill contract customers was set at ` $3.4S per cubic yard. Texas Waste Management has expressed reluc- tance to pay this rate for use of the City landfill. The staff does not feel that enough waste can be directed to the City land- fill to fill it up by 1993 because of the reluctance of Waste Management. The City Council could exercise its option to require $ all private haulers licensed in Denton to take all waste collected in Denton to the City landfill, this would only generate approxi- of waste per year and would not be 448,000 cubic yards mately adequate to fill up the City landfill by the end of 1993, b. Denton would no longer serve as the competitive benchmark price for commercial collection systems or as a standard of service, The private free enterprise market would set the prices. C. Denton would no longer serve as a benchmark for competitive land- fill prices in the area. The private free enterprise market and the City of Farmers Branch landfill would set the prices. However, if landfill prices get too far nisi of what is determined a fair price, the Upper Trinity Regional Water District could install a landfill and provide that competitive benchmark price. d. Denton's residential fees are estimated to be more with this scenario than with the landfill expansion scenarios. However, Er substantial uncertainty exists on costs and liabilities of future landfill expansions. Because of the City's inability to generate enough waste to fill up the ~p j landfill by 1993, this is not a viable scenario. SCEVR10 1A is where commercial is sold, the landfill is closed at the end of FY '-1992, leaving approximately four acres unexcavated and unused to allow closure prior to implementation of Subtitle D. Waste Management pays the City i- $1.2 million to enter into a 1S-year agreement for the City to bring its g : residential waste to a transfer station to be constructed in or near Denton. ~ The result is as follows. , y4 i 1A2/lAl/010991028/46 4 t' 4 (YEAR) 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 RATES 9.9S 9.95 9.95 10.15 10.55 11.35 12.00 12.95 13.85 14.85 ANN. REV. 129 420 1017 871 658 446 204 28 (72) (60) LTC, FEE 0 0 0 0 68 102 1S9 219 227 235 (YEAR) 2001 2002 2003 2004 2005, RATES 15.85 16.25 16.7S 17.25 17.65 i t:' ANN. REV. (51) (46) (26) 5 21 111 LTC. FEE 243 2S2 261 270 279 1 F. f r NM Net present value of annual revenue funds is: ($1000.00) 'A 1 + E The advanta,es are- a. Denton gets out of the landfill business prior to the implementa~ I Lion of Subtitle D. b. The City receives $1.2 million in addition to funds for the sale of s .z Commercial. c. The commercial customers would have the option to choose among any , r of the private haulers operating in Denton. d. The City would receive license fees equal to St of gross commercial, rt revenues which equals $279,000 in 2005. The disadvantages are: , a. The $1.2 million which would be paid to the City would be re- captured by Waste Management in the tipping fee to be charged to the City which begins at $6.00 per cubic yard. The City would alto ' have to agree to a 1S-year contract with waste Management for use of the transfer station, b. Waste Management is reluctant to pay $3.45 per cubic yard for disposal at the City landfill. C. Initial accumulated net gains are depleted as the residential system loses money from 1996 through 1999, " lA2/W/010991028/47 S +jf f SCENARIO 2 is where Denton sells the commercial system, continues to fill the IUZi fill at present rates, and begins hauling residential waste to the DFW landfill when the landfill is full. Residential expenses have been escalated , to reflect additional staff and equipment needed for hauling to DFW landfill Effects are as follows: (YEAR) 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 RATES 9.95 9.95 9.95 10.15 10.SS 11.35 12.00 12,95 13.85 14.85 ANN. REV. 149 3S6 200 347 317 351 (115) (243) (146) 6 i LIC. FEE 0 0 0 0 48 102 1S9 219 227 235 (YEAR) 2001 2002 2003 2004 2005 RAPES ISM 16.25 16,75 17.25 17.65 ANN. REV. 14 2S SS 84 88 LIC. FEE 243 252 261 270 279 I* + 91 Net present value of annual revenues is. $1,135i000 er 1 s The advantages are: a. The City of Denton would receive $1.9 million for the Commercial system. b. The accumulative revenue reaches $3.36 million by 2005, $1,135,000 present value. c. License fees for general government total $279,000 per year by f 2005o d. The ccasnercial customers would have the option to :hoose among the A various rirate haulers operating in Denton 1-, e. The City goes out of the landfill business in 1996. , The disadvantages are: a. Denton would no longer serve as the competitive benchmark price for , commercial collection system or as a standard of service. The private free enterprise market would set the prices. I b. Denton continues in the landfill business until 1996, thus extend ing its landfill liability for several more years. I,'~ I 1 1x lA2/LAl/010991028/48 6 t ~ SCENARIO 3 is where the commercial system is sold, the volumes received at the an remain at status quo levels and future disposal of waste is handled by expanding the landfill. The expanded landfill fills up in 2003 and is replaced by a new landfill. Effects are as follows: (YEAR) 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 RATES 9.9S 9.95 9.95 10.15 1035 11.35 12,00 11.95 13,85 14.8S t ANN. REV. 149 3S6 200 348 317 350 449 280 385 S14 LIC. FEE 0 0 0 0 48 102 159 219 221 235 (YEAR) 2001 2001 2003 2004 2006 rRATES IS.SS 16.25 16.15 17.25 17.65 ANN. REV. 524 S34 $61 461 7S6 LIC. FEE 143 2S2 261 270 279 Net present value of annual revenue funds is: $30296,000 a_ 1 f 1•~ 4 The advantages are: S4 The City of Denton would receive $1.9 million for the Comrcial system. b. The accumulative net gain reaches $9.7 million by 2005 with a ' present value of $3.2 million. : c. General government receives license fees of $279,000 per year by 3 2005. " The disadvantages are: a. The City continues in the landfill business until approximately 20330 with all of the attendant liabilities. . b. The City would be exposed to criticism if residential rates must increase more than projected due to factors we ere presently not aware. ~y >ti a '1 dL :p e U2/IM/010991028/49 7 ';1 wet n. Ll i v I i 't SMARIO 5 is where Denton continues in the commercial business with a 21 per yearNccease in the customer base. The landfill continues as-is and is expanded in 1996. In 2003, a replacement landfill is developed. Effects are , as follows: (YEAR) 1991 1992 1993 1994 1995 1996 1997 RES. RATE 9.95 9.95 9,95 10.15 10.S5 11.35 12,00 OCM. RATE 115.55 119.59 123.78 132.59 137.23 142.04 148.14 ANN. REV. 12 (73) (99) (68) (13S) (97) (320) #ti (YEAR) 1998 1999 2000 2001 2002 2003 2004 2005 RES. RATE 12.95 13.85 14.85 15.85 16.25 16.75 11.25 17.65 OCM. RATE 149.14 15639 164.42 172.65 181.28 190.34 199.86 . 209.85; ANN. REV. (255) (204) (133) (68) (134) (191) (142) (523) Net present value of annual revenue funds is: ($1,236,000) The advantages are: ?`t r f a. Denton continues with conssercial operations, b. Denton provides a competitive factor in setting of landfill rates. The disadvantages are: I a. Substantial losses occur which would result in the need to signifi~ y tartly increase rates. The probable net effect of which *Wld be r that residential customers subsidize the commercial operation. s,z b. Denton contimas in the landfill business until 2035 with all the attendant liabilities. ! . c. There would be no funds from selling commercial. d. As the commercial customer base erodes, the lea the system is worth in terms of selling it in the future. t1.` 7 1 P f 4 1~- rt,l tt'Y' r ce': 7 Ul2/hll/010991028/SD 8 1t SCENARIO 6 is where Denton continues in our present mode, competing with private aulers in the cortmercial - collection system, continuing to provide residential collection service, and continuing to operate the landfill.. The landfill is expanded in 1996 and a new landfill is developed in 2003. Effects are as follows: (YEAR) 1991 1992 1993 1994 1995 1996 1997 RES. RATE 9.95 9.95 9,95 10.15 10.S5 11.35 12.00 CON. RATE 115.$5 11939 123.78 128.11 132.S9 137.23 142.04 ANN. REV. 12 (61) (20) Se S3 172 41 x V LIC. FEE 0 0 0 0 13 26 41 (YEAR) 1998 1999 2000 2001 2002 2003 2004 2005 RES. RAPE 12.95 13.8S 14.85 1S.85 16.25 16.75 17.25 17.65 OX RATE 149.14 156.59 164.42 172.65 181.28 190.34 199.86 209.85 y~ ANN. REV. 209 37S S72 777 865 973 842 1083 ~LIC. FEE S4 S6 58 60 62 64 67 69r . Net present value of annual revenue funds is: $2,4950000 .y r The advantages are: at Denton keeps on status quo. s i tt b. Denton provides a competitive factor in the setting of landfill rates and comercial rates in the area. uii c. Cumulative gains reach $1.4 million by 2005 which could be used to e+ reduce residential rates. ,f: The disadvantages are: a. Residential rates could increase if competition continues to erode Denton's commercial customer base. R' . , b. The City will continue to be liable for the landfill. r, c, The City will not receive the funds from the sale of the cmuercial system. ti r. ~ v~,vti, 1 ; L42/lA1/010991028/51 9 19, 1~.• taa.sa'a~ C` d. The City would only receive $S8,000 per year in license fees in 2000 vs $2350000 if the commercial system is sold. e. The City would be exposed to substantial criticism if residential j or commercial rates must increase more than projected due to factors of which we are presently not aware. f. The City remains in the landfill business until approximately 2033 9. . with all the attendant liabilities. There is also substantial uncertainty as to whether Denton's share of the commercial customers will remain constant or will continue to decline. A basic premise of the SWAC Committee report was that Denton may continue to lose customers, and this would drive ms the cost least UP to the lremOVOT +ain theoradditional residential customers. commercial customers are lost unless the City would choose to subsidize comimer- ; cial rates with general tax revenues. is essentially the SWAG recoamendatiOno wherein Denton would dome SCeFIJAexcRIO u 8 9 is provider of commercial solid waste collection in Denton. with would contiilue~tapp c llecttthe 1996~ar:d awouldlidevelop anew ImUillsite 30+ ely years life extancy in 2003. The results are as follows: a (YW) 1991 1992 1993 1994 1995 1996 1997 1998 1999 ;000 14.85 95 13.85 RAT .00 12, 9.95 9.9S 9.95 10.1S IO.S5 11.35 12 AREY. 12 (12) (290} 1366 324 464 2660 4680 674 9122 A. 0 MAL -TM .t CLW ATIV9 (W/O L1C. FEE 12 1 (28) 108 440 938 1274 1838 26SO 3761 W/71 INr) 7 (YEAR) 2-~ 2002 2003 2004 2 15,85 16.25 16.7S 17.2S 17.65 RATES p,K,I, RV, 1164 1300 1464 1297 1509 TWAL CU4I9ATIVE (W/O f . LIC. FEE W/71 INT) 5207 6897 8878 10841 13163 Net present value of annual revenue funds is: $49447 W/ W/010991028/52 10 ,z 1 i The main advents es are: a, The system generates $13.16 million in cumulative revenue through the year 2005 with the residential rates chosen from Scenario IA. These funds could be utilized by the City for any purpose desired. b. The residential rates can be kept significantly lower than for any of the other scenarios if the City desired less net return. r c. The City's disposal needs are provided through a City-owned land- fill for the next 30+ years. d. Denton may serve as a benchmark price for landfill rates in the area and maintains control of residential and commercial rates in the city. The disadvantages are: a. The City prolongs its liability with the landfill. b. Denton would have to develop another landfill option by 2003. C. Commercial customers would not have the option to choose any other ' hauler than the City. d. Denton would forego the $1.9 million of funds available from the sale of the system. e. This approach would be very unpopular with private collection firms, the Chamber of Commerce, and some local businesses. ; f. There is potential for litigation against the City from the private { collection firms. li Based upon the comparison of the most viable scenarios outlined in this report, F staff has,concluded the following: Scenario 1 CS-U-DH • Given the uncertainty and our lack of control of the volume o wu a named at the landfill to make this scenario work, staff does not feel that this option is viable. 4 Scenario IA (CS-W-TS). - Although the additional $1.2 million offered by TM appears very a rac ve, the increase in disposal costs due to the transfer station tipping fee of $6.00 per cubic yard vs our own landfill rate of $3.4S per cubic yard will rapidly deplete those funds and result in the most signifi- cant increases in residential rates. Therefore, staff does not view this alternative as viable. L12/lAl/010991028/53 11 Scenario 2 CCS-LC-DH~_ - This scenario appears to be the most advantageous when considering residential rates, net gain, and the reduction of landfill liabil- ity. It also leaves open the option to expand the landfill in 199$.96 if competitive tipping fees appear excessive. Scenario 3 (CS-LCD - While this scenario appears to be advantageous relative to res ent a ra es and net gain, it still includes potential for extending f the City's liability in terms of the landfill. Since this Scenario 3 is the same as Scenario 2 except for the 1995-96 landfill expansion, the decision to expand can be delayed for three or four more years. Scenario S CRD•LC-LEZ - This scenario assumes that the City will lose 21 of + camierc a customers per year and, therefore, reflects the worst possible its circumstances the City could suffer under the retain commercial scenarios and is included for reference purposes only. Scenario 6 (CR-LC-LB- This scenario appears to be the most advantageous amok tSe reta coomerc a scenarios in terms of residential rates, net gain, aanndd`. providing a long term disposal option. However, this scenario carries with it the risks reflected in scenario S and the prolonging of landfill liabilities. Scenario 8 CRE-LI-CE • This scenario gives the total solid waste franchise to . eF.` e t is scenario is b far and away the most advant sous of all a ► y posd 6 all the tY scenarios in terms of financial performar►ce and lon tera midispo i options, it has numerous negative political ramifications whit may eliminate the viability of this option. Should you have any comments or questions on this matter, please let us know. i Respectful submitted, 0 City Manager Prepared by, Direct or of Caae:a►i Y 4Seriites Approved by- ' 1 Re'Fson Executive Director of Utilities Attachments: Appendix A - Summary, Tables Appendix 8 Graphs, Proformas IM/lAl/010991028/S4 !2 . a` F; r . as il,..;. . Exhibit B ATTACH14ENT 1 PLANNED DEEVEELOPMENT SUMMAR EXISTING SYSTEM PROPOSED SYSTEM 1. Conce t Plan 1. Genera! Concept Plan r- or tracts greater than a. Existing conditions of 10 acres in size) site a. Statement of Intent b. Proposed land uses c. Development Standards b. Relation to Comprehensive (i.e. height setback, ` r Plan c, Acreage PAR ,S d. Land uses *Considered by Planning and » Zoning Commission and City ` e. Off site information E. Traffic and Transportation I Council. ' g. Buildings (location, ` Two Public hearings, one ; a Rtl( hei ht, setback) I 100 foot notice. h. Residential Subdivision 2, Develo sent Plan ` (location of lots, minimum a com ne with a size, width and depth, yard aY General Concept Plan. requirement) i. Water and Drainage a. Specific land use S, Utilities locations on a map. Trees 6. Detailed table of 1. Open Space permitted uses. m. Screening ' n, Development Schedule *Considered by Planning and *Heard by Planning and Zoning Zoning Commission and City ; Commission and City Council. Council. Two public hearings, one Public Hearings, 200 foot 200 foot notice$ e' notice. 3 Detailed Plan 2. Detailed Plan a. Same as current regula- i a. All information required tions, except that prom for Concept Plan except liminary plat would be ff exacts, not approximations. rocessed separately6 b. Detailed Landscaped Plan b, Criteria for approval. c. Si as location, type, c, Approval expires in 24 an $ite visible from any months. public street, d. Sidewalks or other may be approved by planning 111 edestrian paths and Zoning Commission only e. All information required Eor preliminary plats. if development plan is E. Development Schedule approved. No public hearing j or 200 foot notice. Appeal May be heard by planning and by applicant of Pit denial. ~ and Zoning Commission only if Notes: There would be Zo concept plan is approved. II detailed site Plan vii►. "foots Tracts less than 10 acres k prints" approved in _ a ps I and must submit detailed plan. 2. No development schedule. No limit on site. Any steps may be combined. 4 pn. v'I: CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 191 1991 The Council convened into the Work Session at 5:15 p.m- in the Civil Defense Room PRESENTS Mayor Castlebertyi Mayor Pro Tem eoydt Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None 3y 1. The Council convened into Executive Session to discuss , legal matters (considered action in County vs. City and considered action in Kelsoe VS. Cit tea estate considered authorization for acqu s t on o ut lity easements relating to the transmission line from the Hartley Field Booster Station to { the Ray Roberts Water Plant), and personnel/board appointments` (considered appointments to the Building Code Board, Community Development Block Grant Committee, the Electrical Code Board, the Historic Landmark Commission, the Human Services Committee, , = the Animal Shelter Advisory Committee, the Blue Ribbon Committee for Storm Water Utility and the Sign Board of Appeals). 2. The Council received a report and h61d a discussion i` regarding the long range transportation plan for the City of Denton. (Transplan modeling project) Jerry Clark, City Engineer, stated that the key reason for, c' doing modeling was to predict transportation/CIP needs, what type road would be needed and how many dollars would be needed. The modeling years selected were 1969 to validate which also calibrated to the COG model. 2010 was selected; as the future year because it tied in with the Denton Development Plan and gave a 20 year forecast. The first modeling project which considered 90% of the thoroughfare plan was completed and in place. Levels of service for all but the three major y arterials were at A or B which meant all roadways Would operate all the time almost congestion free. The 2010 Phasing Plan was developed which scaled back to what was felt to be achievable levels of capacity considering tax impact. The modeling procedure identified corridors that Denton must provide transportation solutions for by 2010. These specific corridors were listed in order of importance - Loop 2881 Teasley Lane, Lillian Miller, Dallas Drive, Bell/Eagle Intersection, and Eagle Drive. The following roads were shown to have adequate capacity at this time and would not need additional CIP funding other than resurfacing or urban section upgrades: Bonnie Brae - 135 to US77, Woodrow Lane - Paisley to McKinney to Colorado `f Blvd., Windsor Drive - Bonnie Brae to Old North Road, Stuart Road - Sherman to Loop 288, Willowwood - 135E to Bonnie Brae a' and Avenue A - 135 E to Eagle. 2 It i y v ` Wall I City of Denton City Council Minutes February 191 1991 Page 1 The following projects were listed as critical for Denton to meet its transportation network needs for 2010: (1) the Loop 288 spur, South Loop 288 (I35E to 2181) and 1499 network of arterials; (2) develop a reliever road like Collins from Dallas Drive to us 377; (3) all the State Department of Highway and Public Transportation projects currently listed on the 5 year letting plan which included Teasley Lane - 1358 to 2 miles south, US377 from 135E to 1830, US380 from US77 to US377, and I35EI (4) US77 from US380 to 135 to establish a north/south transportation corridors (5) the southbound service road of r 1358 should be connected under 135E to San Jacinto. This would be done when 135E was reconstructed. Benefits identified by the Transplan study were that (1) Loop 288 - 135 to US380 would relieve most of the growth expected locally on the western section of US 380 from US77 to 235. Regional effects from McKinney, Decatur, and Dallas were still very heavy with major growth possiblel (2) the Loop 288 spur was essential to keep the Golden Triangle mall area from being gridlocked at 50,000 vehicles per day; (3) the west portion of Loop 288 from 2499 to US380 would not generate enough traffic to warrant consideration by the State for funding, Western Blvd, through the Rayzor property and the west airport blvd. provided more than adequate capacity with four lanes each. The study also showed that signals would continue to be a major transportation issue requiring funding. The final positive benefit of the findings seemed to be that a significant portion of street funds could be directed to correcting deficiencies on I residential streets. i' 3. The Council continued a discussion regarding the potential sale of the City'a commercial solid waste system, consider possible alternatives, and gave staff direction. Lloyd Harrell, City Manager, stated that as staff analyzed tha possibility of selling the commercial solid waste system of the City, various scenarios were developed. From that analysis, e the scenarios were narrowed to three which were practicable. § Scenario 1AAA involved a $1.9 million sale of the syii and $1.7 million at the closing of the City landfill and dumping at the City's landfill at a rate of $1.25/yard. This would involved dumping all the solid waste possible into the landfill to try to close it before the start of Subtitle D. In approximately 18 months the City would be out of the landfill business and would have a transfer station located in the City. Scenario involved $1.9 million sale of the aystem and directing the current solid waste at the same level that was now going to the landfill at a rate of $3.45 per yard dumping charge. This would cause the landfill space to be used up in approximately 6 years. Scenario 8 involved a City exclusive provision which was the SWAC recommendation. The back-up r'I material provided with thv agenda stated that staff was aboutm$la5-million: m relto the Cityito the yearn 2000 thanndidved X0.19 I F7, ■ owl { City of Denton city council Minutes February 19, 1991 Page 3 Scenario 1AAA. Waste Management, who was the best bidder, expressed concerns about dumping at the City's landfill at $3.45 rate. Although the contract the City had with all providers stated that the City could direct the waste Stream, Waste Management, in its $1.9 million bid, assumed that they could take more of the trash to their landfill in Lewisville. As of Friday afternoon, Waste Management expressed another alternative which would take care of the $1.5 million and made { ~ Scenario IAAA and Scenario 2 comparable. Bob Nelson, Executive Director for Utilities, presented the major points of the sale of the commercial system: (1) Waste r Management would buy the commercial system at $1.9 million on ' April It 1991, (2) Waste Management would not raise immediately the commercial sates provided the City agreed to a landfill a- 1 contract and the City did not institute a solid waste volume w j flow control, (3) the City would assist in transferring customers, (4) City equipment would be delivered in good order ; and (5) the City would not compete for five years and (6) i present employees would be given the option for employment with i Waste Management, Mayor Pro Tem Boyd questioned when Waste Management could raise t. the rates. Nelson replied he did not kLOW but that there was that competition there. All Waste Management was saying was thday they took on the City's customers, they would not raise ar` ( the rates. i " z Mayor Pro Tem Boyd stated that the following day they could 1 raise the rates. , Nelson replied that there was a 30 day contract with most of ! { the customers. At any rater there was open competition. Part of the contract included a transfer station/long term disposal contract which had the following points: (1) Waste Management } would dispose 650,000 cubic years of solid waste in the City's j N. landfill in the next 18 months; (2) Waste management would pay $1.25 per, cubic yard for this 25 while the proposederate, aif the ti = $3.00 which would drop to $1i,. City retained the system would be $3.451 (3) Waste Management f rt would construct a transfer station in or near Dentont (4) e Denton would direct all solid waste generated in Denton to Waste Management transfer station '(hen completed; (5) Waste, Management would pay Denton $1.7 million as consideration for transfer station contract and as consideration for difference between $1.25 and $3.45 per cubic yards on the previously listed 6500000 cubic yards; (6) the payment schedule would be $1 million on opening of the transfer station and $175,000 per year for the next four years. n F i~ City of Denton City Council Minutes February 19, 1991 Page 4 Mayor Pro Tem Boyd asked what the City's tipping fee would be at the transfer station. i' Nelson replied that the City's tipping fee would be tied down at $5.20 per cubic yard for residential volumes) (1) the rate j would have a CPI and a Regulator Escalator from 1991 onward, Nelson stated that staff anticipated it would take from two years to 28 months in order to complete a transfer station. There would be one or two possible CIP escalators tied to that $5.20. This would be approximately $5.75 at the time the transfer station would opens (8) The City's $5.20 rate would ' not be assignable) (9) waste management would pay Denton an additional $1.5 million with paymant terms of $.40 per cubic f yarc' surcharge on the first 31750,000 cubic yards of volume al brought into the transfer station. I,10 Lloyd Harrell, City Manager stated that the surcharge would not apply to City residential service. Due to the lateness of the hour, it was decided that this item would be held until later in the regular session for completion. 41 The Council was to receive a report and hold a t; discussion regarding the City's Capital Improvement Plan tnd the budgeting process. 5 This item was considered later in the regular session. { 5. The Council was to receive a report and hold a discussion regarding support and funding of the 235E corridor. i' This item waa considered later in the regular session. The Coonci] convened into Regular Session at 7:00 p.m, in ?,5 the Council r.nc.abera, , PRESENT: Mayor Castleberry) Mayor Pro Tem Boydl Council Members Alexander, Ayer, Gorton, Hopkins and Trent. Y.. ABSENTS None 1. Pledge of Allegiance ' The Council and members of the audience recited the Pledge of ( 't" C ' rAllegiance. 1 1 P JJj 0. City of Denton City Council Minutes February 19, 1991 Page 5 The Mayor presented a proclamation honoring Eagle Escapadis. 2, Public Hearings A. The Council continued a public hearing and considered rezoning from Agricultural (A) District to Neighborhood (NS) District a 5,165 acre tract of land located about 600 feet south of University Drive on the west side of , Bonnie Brae, (The Planning and Zoning Commission made no recommendation.) Z90-015 The Mayor opened the pudic hearing. , Bob LeMond, presenting both the property seller and the f F purchasers of the property, stated that the doctors who bought a the property wished to construct a medical office park with ; ancillary uses such as a pharmacy and optician's shop. LeMond stated that the site was chosen due to its midway location to ;rr the two current hospitals. The difficulty in the zoning was with the disposition of an approximately 1500 square foot t-. pharmacy located within the approximately 35000-40000 foot gross area of usage. The proposal was in the Neighborhood Service district because the requirement of,the pharmacy placed the development into the retail store/4000 square feet or less category on the zoning schedule. Otherwise, the proposal would be in the office district. LeMond stated that part of the staff report indicated that a Planned Development might be better zoning rather than straight zoning. He felt that a Planned Development would be too restrictive. He requested the Council to grant the zoning which would provide a quality facility in Denton, j Mayor Pro Tem Boyd atated that one opposition to the proposal was under the assumption that this would be a 'spec office development. LeMond replied that that was not the case. A letter had been received from NCNB in regards to their approval of the proposal. Mayor Pro Tom Boyd asked for the reasoning for not proceeding with a Planned Development. ' LeMond replied that there was a proble with working with multiple owners in a Planned Development. There would be a ; great time factor in trying to get the exact office size, eta. plus the time factor with the presentations to Planning and zoning and City Council. Council Member Trent asked if the pharmacy was a problem with the proposal# was there a consideration to relocate or drop the pharmacy from the proposal. a City of Denton city council minutes February 19, 1991 Page 6 LeMond replied that the pharmacist was an original partner in the project and the doctors wished him to stay with the project. Council Member Ayer asked if the pharmacy could be done with a specific use permit. LeMond replied that he would not have a problem with a specific ~ . use permit if it included ancillary uses for medical zoning so that there could be an optical shop or medical supply shop on the location if desired. He stated that the size of those shops would be very small. i, Council Member Ayer replied that in his perspective, decisions should always be made in terms of what could be built under the zonina and not what was promised would be built as condl:,ions might change in the future, Y1;,;;• Brian Robinson, Administrator and Chief Executive Officer of Denton Community Hospital, spoke in favor of the project. He felt it would be a good project for the community. Space that many of the doctors occupy was inadequate as was accessibility. More offi:e space was needed for doctors in the a ' community and the proposeO project would fill that need. Joyce Pool was opposed to the location of the project. She suggested reconsidering the site to the University side of the roadway. Bonne Brae was too congested. She felt that this project might be the start of strip commercial zoning. 7 Mr. LeMond was allowed a five minute rebuttal. { LeMond stated that the project was not strip zoning. It was a small facility. There was no place in the city where the infrastructure was better supplied. i The Mayor closed the public hearing. Prank Robbins, Executive Director for Planning, stated that the proposed rezoning was for the purpose of constructing professional medical offices and possibly a pharmacy. The property was located in a low intensity area. The proposed neighborhood service development would be allocated 3,357 intensity trips. As per the Denton Development Plan, the total number of allocated trips for this site was 310. Thereforer this site violated the general policy of proportionate share. rhere were unallocated trips in the study area which would be available. A disproportionate share analysis was required and included the following itemst (1) adequate infrastructure € the infrastructure wao in place to support the development, or would be required during platting of the property to be rs adequately constructed (2) unusual topography - there was no a;. noticeable unusual topographic features to this site or within 9 I City of Denton city council minutes February 19, 1991 Page 7 the study area which would provide intensity trips for allocation elsewherei (3) compatibility - the site abuts an existing strip shoppping center which was located in a moderate activity centers I4) other policies - strict compliance with the sign ordinance, landscape, and screening ordinances would be required on this site, if approved. The site also violated both the concentration and separation policies of the Denton Development Plan. The Plan stated that Neighborhood Service Centers should be located at least a half mile from other non-residential retail centers, The proposed development adjoined an existing strip shopping center. Neighborhood Yj. Service Districts allowed many types of retail type uses. If there could be a guarantee that medical offices and ancillary type uses were the only uses of this site, then there would be no violation of this policy of the Denton Development Planl s;r•; however, with straight zoning there was no guarantee of the specific use. The staff report indicated that the 201 rule was in effect, however, since that time, major opposition had been ? withdrawn and the 20% rule was no longer in effect. The Planning and Zoning Commission had reviewed the proposal and a r- motion to approve the proposal failed with a 2-3 vote. Motion to deny did not receive a second. Therefore, the Planning and Zoning Commission did not make a recommendation. Council Member Hopkins asked how the numbers looked for office zoning. Robbins replied that for straight office the intensity numbers were significantly less and almost equaled the number of trips available for allocation. Council Member Hopkins felt that the proposal was not a strip ; center tut rather a buffer between the residences and the shopping center. it certainly would never be zoned SP-10 or SF-16, She felt it was a good land use and that the pharmacy was incidental to the development. Council Member Ayer stated that if it were zoned as requested) then other categories in the Neighborhood Service uses would be permitted. Anything could be build there. He asked how difficult and what would be the procedure to obtain a specific use permit for a pharmacy aid/or ancillary medical services if the zoning were changed to office. He was not willing to rezone as requested. Robbins stated retail uses whether more or less than 4000 square feet were not authorized within a SUP in that district. The ordinance would not allow such a zoning. The property } would have to be rezoned. 0 • City of Denton City Council Minutes February 19, 1991 Page 8 Council Member Ayer asked if there were any way to accomplish the proposal but to guarantee what would be built. Debra Drayovitch, City Attorney, stated that the Council could reconsider the SUP ordinance and revise the table of permitted ` uses. i ` Mayor Pro Tea Boyd stated that if the proposalowa approved ias proposed, it would be using good proion the intensty trips and would be overallocated. The rest of the area would have to be developed in low intensity manner and felt that that probably would not be the case. Mayor Castleberry asked if there could be a SUP on the requested zoning. f< Robbins replied that there could not be retail uses in an office district under the current ordinance. That was not , authorized. Council Member Alexander asked how far along was the review process of the zoning ordinance and what would be a possible + time line before modifications could be made to allow the requested zoning. Robbins replied it might be possible by the end of March or the first part of April if the Zoning Task Force and the Planning and zoning Commission approve. Once that zoning was in place, 1 . it would be approximately 60 days. Council discussed possible solutions for the proposal which included straight office zoning, planned development zoning and changing the table of permitted uses. City Manager Harrell stated that an alternative might be to osal to all fice and when the ace was rezone the ro decided for tye p ha macy, rezoneffrom office to retails business. the change in request i'rom ` After discussion regarding fI Neighborhood Service to Office, LeMond made a formal request to ~I change the proposed zoning. I Hopkins motioned, Ayer seconded to instruct staff to prepare the proper instruments changing the zoning request toBoffic , . She also urged the Planning staff and the Zoning Task rce to consider the amendments to the zoning Alordinance as exander ayequickly as ` On roll voter Trent aye, paya#: 6rton 'aye,' Ayer 'aye,' Boyd 'aye,' and mayor a Castleberry 'aye.' Motion carried unanimously. rf' f4i' i ~/r "Owl fI City of Denton City Council Minutes February 19, 1991 Page 9 B. The Council held a public hearing and considered adoption of an ordinance rezoning a 4.844 acre tract of land from 'PD' Planned Development District (PD 1061 to '0' office District on property located on the west aide of Bonnie Brae approximately 50U feet north of W. Oak Stir locally known as the Denton Community Hospital. (The Planning and Zoning Commission recommended approval) 2-90-017 E The Mayor opened the public hearing. Brian Robinson, Administrator and Chief Executive Office-Denton Community Hospital, stated that the hospital had reached capacity and needed to expand to a third floor. Original plans , had indicated a third floor which would house forty eight additional rooms. It was thought that the third floor was = allowed and had been granted under previous zoning but learned that that was not the case. No one spoke in opposition. ! ~ The Mayor closed the public hearing. Karen Feshari, Urban Planner, stated that staff had encouraged a x the applicant to request a rezoning to office district instead of amending the Planned Development as a hospital was an allowed use in an office district. In the event the hospital would relocate, another medical facility or related use would l be able to obtain a certificate of occupancy without having to amend the planned development district. Another reason to rezone to office was that by applying for and obtaining an office zoning district, it allowed flexibility for the hospital to expand their facility without the additional time and money incurred in amending the planned development each time. The following ordinance was considered: NO, 91-024 i AN ORDINANCE 0? THE CITY OF DENTON, TEXAS, PROVIDING ; FOR A CHANGE FAOM PLANNED DEVELOPMENT 'PD' DISTRICT TO x , OFFICE 90" ZONING DISTRICT CLASSIFICATION AND USE FOR ACRES OF LAND LOCATED ON THE 4.84 DESIGNATION 4 WEST SIDE OF BONNIE BRAE STREET APPROXIMATELY 500 FEET NORTH OF WEST OAK STREET, AS IS FORE PARTICULARLY DESCRIBED HEREINI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE, kr' e. 13 ■ City of Denton city council Minutes February 19, 1991 Pigs 10 Ayer motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye." Motion carried unanimously. 3, Consent Agenda C " ? Mayor Castleberry stated that staff requested items 3,A,6, and 3,A,8. be pulled for special consideration. + ~Hopkins motioned, Alexander seconded to approve the Consent Agenda with the exception of Items 3.A.6. and 3.A.8. Motion carried unanimously. A. Bids and Purchase Orders if 1. Bid 11216 - Four Door Sedan 2, Sid 11217 - Utility Truck Bodies 44 3. Bid #1219 - Traffic Signal Luminaite Poles and Ornamental Bases 4. Bid 01221 - Gasoline and Diesel 5. Hid #1213 - Wood Utility Poles 7. Bid #1215 - Scripture Street Paving and Improvements ' Item 3.A.6. was considered. Lloyd Harrell, City Manager, stated that a new ordinance was before Council reflecting a change in the dollar amount of the ordinance, The new amount was $11382.50 rather than the $11382,00 tea was in the back-up material. ; Jerry Ciark, City Engineer, stated that page 7 of the contract d` with GEONEX had been changed to reflect the following wording in section 1.23 ' calendar day of delay resulting from actions j of GEONEB". This change would mean that GEONEX would not pay, liquidating/ damages if the City held the documents for a ; lengthy prjriod of time, Boyd motioned, Gorton seconded to approve Consent Agenda Items 3.A.6. and 3,A.8, with the noted changes. Motion carried 4.' unanimously.: A, Bids and Purchase Orders: f` r 4 6, P.O, #11979 - Rone Engineering b. RFP #1160 - GIS System r WV + , '41 1 • j', 1 3 T T~-- D v s • I i City of Denton city council minutes February 19, 1991 Page 11 4, Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or f services6 33AA4. Bid i #1212o 16 3,A35. - Bid #1213j217, 3.A.3. aid #121 The following ordinance was considered: nJ, • NO. 91-025 t ~AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A s, CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENTS ' SUPPLIES OR SERVICESI PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. r Yw Ayer motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent aye,' Alexander 'aye,` Hopkins "aye,' Gorton ~•1yeAyer 'aye,` Boyd 'aye,' and Mayor Castleberry 'aye.' Mcltion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. 13.A.7. - aid 1121. The following ordinance was considered: G; NO. 91-026 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS PROVIDING FOR THE EXPENDITURE OF FUNDS THEREPOR# AND PROVIDING FOR AN EFFECTIVE DATE, l Gorton motioned, Alexander seconded to adopt the ordinance. On ;r roll vote, Trent 'aye,' Alexander 'eye,' Hopkins "aye,' Gorton; 'aye • Ayer 'aye,' Boyd 'ayer' and Mayor Castleberry 'aye.` v`sT f, Motion carried unanimously, C. The Council considered adoption of an ordinance providing for the expenditure of funds for professional i engineering and testing services relating to the City's landfill. (3.A16. - P.O. M11919) E 1 I. f , I ME City of Denton City Council Minutes February 19, 1991 Page 12 The following ordinance was considered: NO. 91-027 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND ROME ENGINEERS FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES s.'.. RELATING TO THE CITY'S LANDFILL! AND PROVIDING FOR JN i l' EFFECTIVE DATE, , Eoyd motioned, Alexander seconded to adopt the ordinance. On i roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton` 'aye,' Ayer 'aye,' Boyd "aye," and Mayor Castleberry 'aye.' Motion carried unanimously. D, The Council considered adoption of an ordinance awarding a contract for database conversion services to Geonex x' Martel, Inc. (3.A.8. - RFP #1160) The following ordinance was considered:` NO. 91-028 AN ORDINANCE AWARDING A CONTRACT FOR DATABASE CONVERSION SERVICES TO 4EONEX MARTEL, INC.# PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREt AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins motioned with the noted changes. On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye*' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 7f 'aye.' Motion carried unanimously. F` E. The Council considered adoption of an ordinance calling and ordering an election to be held in the City Of Denton, Texas, on may 4, 1991, and, in the event a runoff election is required, on May 181 1991, for the purpoas of electing Council members to the City Council of the City of kkff Denton, Texas to Places 11 2, 3 and 4t ordering that the punch card electronic Voting system adopted by Denton County be used in said elections designating voting places and appointing e election officials] providing for election suppiiest and providing for notice of said election, ! s, " The following ordinance was considered: c ' r . A , . ~Ii q~ . All 1 i City of Denton City Council Minutes February 19, 1991 Page 13 NO. 91-029 AN ORDINANCE ORDERING AN ELECTION 'a'0 BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 3991, AND, IF A ' RUNOFF ELECTION IS REQUIRED, ON MAY 18, 19911 FOR THE PUrPOSE OF ELECTING COUNCILMEMBERS TO PLACES 11 21 30 AND 4 OF THE CITY OF DENTON# TEXAS) ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED) DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS) PROVIDING FOR NOTICE OF THE ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. j, Ayer motioned, Alexander seconded to adopt the ordinance, On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried unanimously. F. The Council considered adoption of an ordinance amending Chapter 27 ('Wreckers') of the Code of Ordinances to require vehicles towed under the rotation list be stored in a licensed vehicle storage facility located within the City of Denton. 1 Rick Svehla, Deputy City Manager, stated that the ordinance would require wrecker companies to have a storage facility within the City of Denton if they wanted to be on the rotation list. The following ordinance was considered: N0. 91-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING I CHAPTER 27 ('WRECKERS') OF THE CODE OF ORDINANCES TO REQUIRE VEHICLES TOWED UNDER THE ROTATION LIST BE STORED IN A LICENSED VEHICLE STORAGE FACILITY LOCATED WITHIN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, Trent motioned, Gorton seconded to adopt the ordinance, On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry "aye.' l r Motion carried unanimously. G, The Council considered adoption of an ordinance amending Chapter 2 of the Code of Ordinances by adding Article VII; establishing and creating the Beautification Advisory Commission. (The Beautification Commission recommended approval,) • igloo" City of Denton City Council Minutes February 19, 1991 Page 14 The following ordinance was considered: N0. 91-031 1 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING ARTICLE VIII ESTAHL:SHING AND CREATING THE BEAUTIFICATION ; ADVISORY COMMISSIONi PROVIDING FOR THE ADOPTION OF POWERS AND DUTIES OF THE COMMISSION: PROVIDING FOR A ' REPEALING CLAUSE; AND P'~OVIDING FOR AN EFFECTIVE DATE. .l Boyd motioned, Hopkins seconded ti adopt the ordinance. On roll vote, Trent 'aye,' Alexander 'dye,' Hopkins "aye,' Gorton "aye,' Ayer "aye,' Boyd 'aye,' and Mayor Castleberry laye. x: Motion carried unanimously. 5. Resolutions g A. The Council considered approval of a resolution delegating to the Treasurer of the State of Texas the authority to invest City funds and to act as custodian of investments purchased with City funds. ' i Harlan Jefferson, Treasurer, stated that in 1989, the Texas ; Legislature amended the Interlochl Cooperation Act to facilitate the creation of local government investment pools, The pools were used for short term investments. The benefits of the pools were that they were more flexible than any other investment instrument, they had no minimum balance requirement r and no penalties for early withdrawals. This was an improvement over the two short-term investment instruments currently utilized. The pools also tended to lag behind the market place and react slowly to sharp increases or decreases in rates. The following resolution was considered: NO. R91-004 A RESOLUTION DELEGATING TO THE TREASURER OF THE STATE 1 OF TEXAS THE AUTHORITY TO INVEST CITY FUNDS AND TO ACT AS CUSTODIAN OF INVESTMENTS PURCHASED WITH CITY FUND51 AND PROVIDING FOR AN EFFECTIVE DATE. f Alexander motioned, Ayer seconded to ap)rove~ the resolution. On roll vote, Trent 'aye," Alexander aye, Hopkins 'aye►' h Gorton 'aye,' Ayer 'aye,' Boyd "aye," and Mayor Castleberry 'aye.' Motion carried unanimously. z City of Denton City council minutes February 19, 1991 Page 15 B. The Council considered approval of a resolution approving an agreement for participation in the Local Government Investment Fund for Texas: authorizing the Mayor to execute the common investment contract for participation in the fund: approving of the investment objectives and purposes of the funds and authorizing the transfer for investment of public funds to the fund, i' Harlan Jefferson, Treasurer, stated the the Texas Local Government Investment Fund for Texas offered the City the same three benefits as Texpool - flexibility, lag in interest rates, and higher interest rates. This Fund was primarily for the north Texas area. J The following resolution was considered: NO. R91-005 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT FOR PARTICIPATION IN THE LOCAL GOVERNMENT Y, INVESTMENT FUND FOR TEXAS) AUTHORIZING THE MAYOR TO EXECUTE THE COMMON INVESTMENT CONTRACT FOR PARTICIPATION IN THE FUND: APPROVING OF THE INVESTMENT OBJECTIVES AND PURPOSES OF THE FUNDS AUTHORIZING THE TRANSFER FOR INVESTMENT OF PUBLIC FUNDS TO THE FUNDS AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins motioned, Boyd seconded to approve the resolution. On roll vote, Trent 'aye," Alexander `aye," Hopkins 'aye," Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried unanimously, 4 I C. The Council considered approval of a resolution approving the placement of a local historic site marker in the Civic Center Park to commemorate the history of Quakertown, (The Historic Landmark Commission recommended approval.) ; The following resolution was considered: NO. R91-006 ' A RESOLUTION APPROVING THE PLACEMENT OF A LOCAL ; HISTORIC SITE MARKER IN THE CIVIC .ENTER PARK TO COMMEMORATE THE HISTORY OF QUAKERTOWN. Hopkins motioned, Ayer seconded to approve the resolution with a correction in second 'Whereas' indicating the 'residents of Quakertown were relocated'. On roll vote, Trent "aye,' r' t Alexander 'aye Y Hopkins 'ayo,• Gorton 'aye,' Ayer 'aye*$ Boyd , y 'aye,' and Mayor Castleberry 'aye.' Motion carried unanimously. ; 10 Emma lop I . i sae I City of Denton city council Minutes i February 19, 1991 Page 16 D. The council considered approval of a resolution adopting a policy regarding placement of advertising signs at City athletic fields; and designating the Denton Youth Sports Association as an organization permitted to erect said signs. (The Parks and Recreation Board recommended approval.) The following resolution was considered: NU. R91-907 ' A RESOLUTION ADOPTING A POLICY REGARDING PLACEMENT OF ADVERTISING SIGNS AT CITY. ATHLETIC FIELDSP DESIGNATING THE DENTON YOUTH SPORTS ASSOCIATION AS AN ORGANIZATION PERMITTED TO ERECT SUCH SIGNS; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. >r` On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' ' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye,' motion carried unanimously. x, E. The Council considered approval of a resolution Wroving the infraotructure financing policy and repealing ; -019. (The Public Utilities Board and the Planning and ; y ' Zoning Commission recommended approval.) David Ham, Manager-Construction Projects, stated that the Denton Development Plan had recommended an economic growth incentive policy that promoted balanced growth through the City. In response to that recommendation, the Public utilities Board and the Planning and Zoning Commission approved the f N ` guidelines which would set aside funds for water and sewer line construction to oncourage economic growth in selected areas of the City. The Guidelines prescribed rating and ranking criteria by which such lines would be selected for ; l construction. In March, 1989, the Guidelines were approved by the City Council. Following that, the Public Utilities Board expressed concern that several of the Guidelines' top-ranked lines were in the southern part of the City where economic growth was already sufficient. In January, 1990, the Board rrr proposed a revised policy that would follow, rather than lead, economic ,growth. The new policy would also do away with the rating and ranking of proposed lines and would make funds available only for lines serving industrial prospects. Council expressed concern regarding the proposed revisions and t directed the Board and the Planning and Zoning Commission to , further examine the policy change, In addition, the Legal ? Department requested the policy be revived to incorporate language that would satisfy the requirements of the Texas Local Government Code regarding the granting of public money to a y private concern for the purpose of stimulating buviness and commercial activity. e IG 1 , City of Denton City Council Minutos February 19, 1991 page 17 Council Member Ayer expressed concern that the policy was making changes in the recommendations of the Land Use Planning policy Task Force. That Task Force had suggested the of Now the policy was leading rather than following development. proposed to be changed to follow rather than lead development. 9r The following resolution was consideredi No. R91-008 1 A RESOLUTION APPROVING THE IAppASpOVIDING FIFORCIAN w POLICYi REPEALING R89-0191 € EFFECTIVE DATE. the resolution. On Trent motioned, sopkins~ seconded to~approvHopkins O ayeo' Gorton vote, Trent 'aye, Alexande and yeMaYOr to Castleberry 'aye.' roll ` Boyd aye, ; 'ayes Ayer •ayet+ y Motion carried unanimously. royal of a resolution 0 F, The Council considered approval to the Texas authorizing the submission of an aEunding for a special law Criminal Justice Division requesting enforcement unit to investigate child abuse violations. Rick eh Manager, stated that this was 3 grant city abuse child t or De u ' la P Y vision fm Vx! program from Dthe Criinal Justice Di a~d would investigation. The grant was for 60% of the funding allow the purchase of a computer which would help categorize include the i pictures and to aleen made facialy easu to whether81to ification, decision had natrequest. computer in the grant Council Member Trent asked for the number of cases investigated F~ over the last two years of the programs ot- f s. have f res but that numbeteofccasesginvestigatsda svehla replied that easei in khe ry" there had been an inor j Council Member Tre tae asked i theresWas duplication of efforts % ervic. such Human S among agencies some 4 ight benerally duplication but that ` Svehla replied that there m with the the Human Service agencies g child/family members rather than the actual prosecution. R e. The following resolution was considered$ y, 4 L n . y. -h l 'i) did 1 City of Denton City Ccuncil Minutes February 190 19991 r Page 18 NO. R91-009 A RESOLUTION OF THE CITY OF DENTON, TEAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW i ENFORCEMENT UNIT TO INVESTIGATE CHILD ABUSE VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Alexander seconded to approve the resolution. a. On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' F Gorton •y• • Boyd 'aye,* and Mayor Castleberry a e, Ayer a Ye, , 'aye.' Motion carried unanimously. ~+NY, 6. Miscellaneous matters from the City Manager. 1- Lloyd 11arrell, City Manager, presented the following itemss A. January Budget Recap - the recap was presented in the agenda back-up. r r$ E~ B. Staff would like to continue with the work1 1 session items that were not discussed earlier. r,? 3. Continued a discussion regarding the potential sale of the City's commercial solid waste system, considered possible alternatives, and gave staff direction, Bob Nelson, Executive Director for Utilities, continued with the transfer station/long term tiaposal contract points: (9) Waste Management would pay Denton $1.5 million with payment i terms of $,40 cubic yard surcharge on the first 3,750FO00 cubic yards of volume at the transfer station) (10) the transfer r station contract would be for 20 years with a five year renewal provision thereafter and an op out clause after 15 yearn; (12) j the City would support Waste Management in getting the transfer station permit; (13) the tipping fee at the D/8A landfill prior j to completion of the transfer station would be $2.00 per cubic yard as opposed to $2,56 subject to CPT and Regulatory ,kr Escalators) (14) if the transfer station was not built, Waste Management would provide the City 1,272,800 c:ubio yards of residential solid waste volume at D/FW landfill for 55 cents cubic yard below the gate rate which had an estimated value of $700,000. Lloyd Harrell, City Manager, stated that this was the only , place in the proposal where the City had a certain element of k risk. The two other payments after the $1,9 million which was ; the $1,7 million and the $1.5 mil)ion, was tied to the opening of tt~a transfer station. There should not be a problem with ; the transfer station but there was a remote possibility that the permit could not be obtained for the transfer station. If that happened, the $700,000 was Waste Management's share for the risk, "Ohl M , city of Denton City Council Minutes February 19, 1991 Page 19 Nelson continued with the transfer station/long term disposal contract points: (15) Waste Management estimated value of the proposal was $1.9 million for the commercial system, $1.7 e.' million for the transfer station contract, $1.5 million for assistance of early closure of Denton's landfill, and $1 million savings on tipping fees over the next 10 years - $5.20 as opposed to $6.40 rate on 80,000 cubic yards per year. ,•F< A Council Member Alexander asked about the difference between the $2.55 tipping fee at the landfill and the $5.20 tipping fee at :s the transfer station. Nelson replied that that included the transportation between w Denton and the D/FW landfill. Council Member Gorton asked what a citizen would do to take e: items to the landfill if it were closed. Nelson replied that it would be taken to the transfer station. Council Member Gorton stated that the rates would be subject to a.d the market. sr• ' City Manager Harrell stated that if the contract were approved, f•! there might be six to nine months when the landfill would bas' closed and the transfer station not completed. Citizens, would i have to go to another landfill during that time. l `a Council Member Gorton expressed concern that if the landfill ,cr were closed and the transfer station not complete, that people might dump somewhere there were not suppose to. Council Member Trent stated that of the $6.1 million b~ the , proposed contract, the City would be receiving some money up front to retire a sizeable debt and debt service. This would be a great infusion into the budget. Council Member Trent asked it there were any other possible risks other than not obtaining the transfer station permit. Nelson replied theca might be a problem obtaining the property and proper zoning and permitting for the station. The 6.00 per yard charge might be a problem versus the $2.55 per yard at the D/FW landfill. City Manager Harrell replied that the only other risk was that h" if the proposal were accepted, the city would loose any kind of t control over what would be charged for the commercial customers. The Chamber of Commerce and others stated that that could be controlled by competition as Waste Management would t*` i not be an exclusive provides. However, the situation might be that Waste Management would be the dominant prov'.der and there LLy might not be adequate competition and rates would g,- up. t City of Denton City Council Minutes February 19, 1991 Page 20 Council Member Trent stated that an individual could go to another commercial waste hauler if Waste Management's rates went up too high. i City Manager Harrell replied that if Waste Management kept almost all of the City's customers and their current customers, they could have 95-974 of the business. It could be argued that other waste haulers would be reluctant to move into a ' market which was so saturated by one company. That would be the only time when the free market competition would not work r ;t effectively. Council Member Trent stated that he felt the City was receiving a: a very good deal with the Waste Management proposal. Council Member Ayer stated that the SWAG Committee had recommended that the City of Denton become the sole provider ys`~ for commercial waste. That recommendation was reviewed and the major argument for changing that recommendation was the unknown costs involved in Subtitle D. The City needed to get out of the landfill business because of the costs of the Subtitle D. I Staff's back-up material now stated that Subtitle D would not have a serious impact on Denton's operational cost. That j eliminated a big argument for selling the system. In staff's erformance analysis, the cumulative value to the Cit; would be 5430000 for scenario lAAA, $2,137,000 for Scenario 2. If Denton were the exclusive provider, the cumulative value would ' be $3,761,000. Those figures show that if the City accepted d;t the proposal, it would be only for political reasoaa and in doing so, would cost the citizens, in the lon4 run, a considerable amount of money. Nelson replied that the figures were how the analysis came q, out. But in order to accomplish that, the City needed to be an f exclusive provider. Council Member Ayer replied that all the discussion so far was that this was a great economic deal for the City, He was proposing that for the citizens of Denton, this was not a good economic deal. It was going to cost them money.: Council Member Alexander stated that the proposal from Waste management would eliminate any risk factors relative to the cost of closing the landfill. That was an unknown cost. City Manager Harrell stated that it was important for the Council to pick one way or the other to deal with the ; situation, If the offer from Waste Management was not accepted, then the Council needed to be prepared to grant the s city exclusive franchise. To continue to do what the City was now doing put the City's residential customer in great risk. O {1i , Ef wow~ t t City of Denton City Council Minutes February 19, 1991 ~•i Page 21 A lengthy discussion continued with the following pointss.` The $3 million was not up front money the $1.9 million was up front money. Risks were pointed out regarding the proposal - all $ the good was not on one side. ; Residential customers Would be protected for the next 10-12 years. sal ,k If solid waste not handled rights the City would be ry I responsible. In a few years, Waste Management would have a monopoly in the City and there would not be any competition.' I The transfer station was not ideal in any neighborhood P ~ and there might be a problem for a location for it as there ;i there would be for a new landfill, What would happen if the transfer station were built and Waste Management defaulteds ktl5' If the City had exclusive franchise, what assurances world there be that the new landfill would not have the similaz problems as the old landfill. There was a potential for unlimited liability on the k' City's part. x; Two citizen groups studied the problem in detail and both recommended that the City go to exclusive service, before wed ' that was dismissed, it was important to look carefully at: what. they said. r Was there a need to revisit with members of the SWAC Committee and the Public Utilities Board to discuss their.. recommendations. Mickey Flood, Waste Management, spoke to Council regarding the, f. y history of Waste Management and the history of the project. Conseusus of the Council was to hold a public hearing regarding the issue and discuss with members of the Public Utilities Board their recommendation at the next Council meeting, Staff i re ~ was to begin preparing the necessary documents for Council r consideration of the proposal. ~d. J '41 ;J, r . tJ + ~ I City of Denton City Council Minutes February 19, 1991 Page 22 The Council returned to Agenda Item 07. 7. The Council took the following action from Executive Session held during the work Sessions A. Legal Matters i Debra Drayovitch, City Attorney, stated that this was reporting f out some of the actions the Council considered in Executive a' Session regarding the lawsuit Count vs, city , specifically the motion and intervention filed by Flow Reg onaI Medical Center, ; Inc. Mayor Pro Tem Boyd stated that Flow Regional Medical Center had filed with District Court, a plea in intervention and a motion requesting that the Center be designated as the recipient F; organization to continue existence and administer assets in lieu of dissolution of the former Flow Memorial Hospital. The Center further advised the Court that they had assets, that ha<'' presently consist of cash in excess of $250,000 and a note receivable for $ ,900,000 and that the Center was the proper ? r recipient organization to administer these assets and carry out the intention of the H.E. FLow Will and provide insofar as it can for the health care needs of all the people of the City of y ' Denton and Denton County regardless of their ability to pay for " that care, The Council had also been advised that the Center intended to request that it be designated as the recipient t organization of the assets of the Flow foundation, which presently consisted of approximately $1 million, The City received a number of requests every year from worthy organizations in the City for health care related services. The City had had inadequate tax dollars to fulfill those firy requests. The Council, in Executive Session, wished to commend the Center for taking steps in ensure that the above-mentioned funds would be distributed to nonprofit agencies providing health care services within the city and County and thus, establishing a significant resource for agencies providing those services to the citizens. Boyd motioned, Gorton seconded that the Council expressed that it did not wish to object to the Motion filed by the Center# and indeed, viewed the requested designation as the , commencement of a new era in health care funding in Denton by the Center's taking a lead role as the primary funding resource for non-profit health care agencies and by not pursuing an ( t. ;k objection to the Center's Motion, the City was relinquishing any right to claim a portion of the assets of the Hospital, andF, q that tha City Council believed it appropriate to also relinquish its role as a direct provider of funds for health related services in the future, On roll "rote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Horton 'aye,' Ayer 'Aye,' Boyd tt` 'aye,' and Mayor Castieborry 'aye.' Motion carried unanimously, t 4 City of Denton City Council Minutes February 190 1991 Page 23 thawas to t effect; instruct toh maker thet Council's The prepare eat reof the solution motion intent known to the Judge in Court. Session Items Council returned to the Work not considered 10 during the Work Session. v q, The Council considered a report and held a discussion regarding the City's Capital Improvement Plan and the budgeting i process. k Mark McDaniel, Budget officer, stated that there had been some The new plan would improvements made to the budgeting budget. That budget would include a capital and operating include better identification and better tie of operation and maintenance costa related to each capital a project escope, sitems inflation rates by oxpenditure category,, having a useful life of more than 10 years, a budget scope which would include all capital items, and a diacontinuationanff criteria rating forma. Staff would recommend to Planning ¢ Zoning Commission based on project evaluation and impact on1 ;I various items. S. The Council received a report and hold a regarding ' support and funding of the 1355 corridor. j Rtck Svehla, Deputy City Manager, stated that efforts were tyg,=. bol.ng made to move additional's ctiondir jeacts ns on 1358 a.c f' ahead in the Highway Department fung letting ` schedules. Staff was requesting guidance from the Council j regarding entering into such an agreement assuming a number of hs other cities would participate give llththen on and inaltlas Counties. The proposal would g for trying to implement _ ,z~',~;.. cities counties a proposed plan and strategy Department's strategy., more of the proiecta into the Highway At the same time, it would take into account each of the effort individual entities work plans and make sure Lewisville handtCerrollton did not conflict with those plan. were very interested as was Farmers Branch. V~ r, g, New Business ° r~ There were no items of New Business suggested by Council Members for future Council agendas. 96 The Council convened into Executive Session to discuss legal matters (considered action in Co°fnt va, Cit and yf Mr considered action in Kelsoe vat Ci: r m as e a e Iona der~do { ~S authorization for acqu'i~i ono u11ty easements reStation lating Field Booster ointments to „ the tranamission line from the Bartley F{i, the Ray Roberts Water Plant), and personnel/board app rni.. 4 I r ti`r r. rL.'?', B.Y.• n. pt:N~ .r:.,., , •+r",..., +t , S City of Denton City Council minutes February 131 1991 6. Page 24 {considered appointments to the Building Code Board, Community Development Block Grant Committee, the Electrical Code Board, =rlw. the Historic Landmark Commission, the Human Services Committee, the Animal Shelter Advisory Committee, the Blue Ribbon H. } Committee for Storm Water Utility and the Sign Hoard of Appeals). No official action was taken. N With no further business, the meeting was adjourned, w1BOB CASTLEBERRYi MAYOR I „ CITY OF DENTONi TEXAS 1 ay JENNIFER WAL ERS f CITY SECRETARY ; CITY OF DENTONe TEXAS y e, nl i , S a~JI f 3353C a r a i 9 1 1 r iy .irk F 4 s a r Y' r~ 6 5 rl F!Y 1A ~ Y i I i Iyi ~`#'L §f S r. , Yz ri ' W.I'. , f I to apprectatton of k Billy R. Carroll 5 y5~~ _ f A' XEERA" the City of Denton is saddened to learn of the impending retirement of silly R. Carroll attar 11 years of toyrii j and dedicated service to his community# and a W1211" , during his tenure as an electrical switchboard operator xi, for the City of Denton, Billy R. Carroll has dsaonstra~ tad a consistently helpful, considerate, cooperative, and understanding demeanor towards the citimens of our community, which spitomimas the Cltyls "Dedication to Quality service": and 43ERS71a, Billyq R. Carroll has steadfastly devoted `himself to maintaining the highest ethical and professional stars- darde, as reflected not only in his own York, but in the }a work of those colleaquas who ware influenced by the out= standing example he set for than on a daily basid.r and R=ERAM Hilly R. Carroll has consistently demonstrated the kind, of dynamic leadership and unselfish service to his cdn F munlty which has helped firmly establish the City of Denton as the upper vertex of the maoldon Triangleal and'. vim"", those of us who were influenced by his Ieaderahlp~ will continua to miss his greatlyj and will endeavor to live; by his fine example)" WWj !/EREfoRE, as if PASOL"D sit "I COUNCIL a? in at" 01P i Do"It k That the sincere and wan appreciation of the city Council be formally conveyed to Silly R. Carroll in a permanent manner byy s reading this Resolution upon the official minutes of the City council and toivarding to „3,. his a true copy hereof. 4; PASSED AND APPROVED this day of tool. 4• NA 806 CA3TLZ5 ATTEST: EY: " JEe1Ni , CITY 5106ARY 1 sd APPROVED AS TO LEGAL tORK: t s.' CESRA A. DRAVOVIMO CITY ATTORNEY : 6Y k b 1, rat • rl 1 y.a k ~ new.... i 8'a ~e,~ul~uri In appredatlont of Albert Namptom VURAAS, the City of Denton is maddened to learn of the Imp4ndinq retirement of Albert Hampton after 71 years of loyal and dedicated service to his comanunityJ and ' NsRARRa, during his tenure as a fireman for the City of Denton, Albert Hampton has demonstrated a consistently h4lpful, considerate, cooperative, and understanding demeanor to- wards the citizens of our community, which epitomleee , the City Dedication to Quality servlca"f and tsiRSAR, Albert Hampton has steadfastly devoted himself to main- taining the highest ethical and professional standards, as reflected not only in his own work but in the work of those colleagues who were influenced by the outstand- ing example he set for them on a daily hostel and ' 1rsMMU' Albert Hampton has consistently demonstrated the kind of dynamic leadership and unselfish service to his oomimuni- t i ty which has helped firmly establish the city of Denton € ? as the upper vertex of the "Golden Triangle and MAN", those of us who were influenced by his leradership, will , continue to miss his greatly, and will endeavor to live by his fine examples Norio MAarout as if AssOLMD of "M CODICIL Of res N" 01 Dri7bNr ..y That the sincere and wan appreoiatim of the City Council be formally conveyed to Albert Hasp by in a permanent manner by spreading this pesolutidn opon the official minutes of the City Council and forwarding to him a true copy hereof. l' ?AaARD AND APPROM this day of , tool. } ' ~ l IP .rr BOB T RR I o O lr r, ATTESTi a2KNUEA MALTERS, CITY slCRETARY 1 ~ 7 i 4? E Ov i AIfA D As LEGAL tORMr DIM A. DAAYOVITCH t ~n } )A A. AY,„ . WIN p MALI C K 1 ~~L ,e AMMETTE WATKINS HRHEREAs, the City of Denton is saddened to learn of the impending retirement of Annette Watkins after 19 years of loyal and dedicated service to her community; and I Is WHEREAS, during her tenure in the Utility Billing Departmnnt, City Tax office, ani Cashiering Division for the City Of Denton, Annette Watkins has demonstrated a consistently helpful, considerate, cooporativa, and understanding de- meanor towards the cititans of our community, which epi- t + tomiees the city+s "Dedication to Quality Service"; and s b`' WHEREAS, Annette Watkins has steadfastly devoted herself to main { taioing the highest ethical and professional standards, as reflected not only in her a.'n work but in the work of those colleagues who were influenced by the outstand- ing example she set for them on a daily basis; and LR, IIEEREAE, Annette Watkins has consistently damonstrated the kind + r? ,}t of dynamic leadershipp and unselfish service to her cot- tunny which has helpod firsly establish the City of Denton as the upper vertex of the "Coldon 'triangle" t and err:, F" were influenced by her leadership, will WHEREAS, those us who continue uo to also her greatly, and will endeavor to live by her line example; MOM, TEEREFORE+ as if RESOLTSV by TEE OOUMOIL of TEE CITY OY DEMTOWI J 4., iw That the sincere and warm appreciation of the City Council be fortall ecnveyed to Annette Watkins In sr permanent manner by spreading this Resolution upon the official minutes of the City Coun011 and forwarding to her a true copy hereof. f PAB+JED AND APPROVED this the day of 199E 8013 CASTLESERRY, MAYOR { ~ rs 5~ ATTEATi JENNIFER WALTERS, CITY SECRL+TARY 71Ye + w; IL t APPROVED AS TO LEGAL YOM $ J' DEBRA A. DRAYOVITCH, CITY ATTORNEY (P S w BY$ F' r Q1~ 1 PIS .:y , I• CITY of DENTON: TlJXA9 MUNICIPAL BUILDING / 215 E, WINNEY / DENTON, TEXAS 76M1 MEMORANDUM t. D11TE: January 17, 1991 ' TOi Lloyd V. Harrell, City Manager ` FRiHt John F/ MCGrAne, Executive Director of finance SUBJECT: $590,000 CITY Of DENTON CERTI►ICATEB OF OBLIGATION ,,tr e rk The sale of $590,000 in Certificates of Obligation will provide for the o $2000 000 for new roofs on City Ball and the Central fire station. z y o $1400600 for the purchase of two (2) residential refuse trucks. o $1$20400 for twelve (12) police sedans. o $40,000 for a tractor/mower o $90500 for a tire cutter. I w e r The City Council ties been briefed in earlier meetings about the tooting problems with City owned buildings. The City Nall roof was discussed in the } budget process and it was recommended to finance the new roof through the rk, i' Issuance of Certificates of Obligation! The polio* sedans, tractor/mower, tire cutter and a residential refuse !suck <<`` 'I 'I have atoo been discussed in the budget. Funding for the debt repayment of the Certificates of Obligation is provided in the budget. The City utilizes the sale and proceeds from Certificates of Obligation rathar r than a private lease/purchase program because the interest cats the City receives is generally lower than the private lease/purchase. } It you need any additional information or have any further questions, Plesee l advise. ` J►McGtaf. x r f ~ 56D9► I 811,1566.8200 D/FW METRO -04.2529 5 r q 1,4 "K41 Y, V 4 h ; CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1991, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES REL.~T1~ THERETO y THE STATE OF TEXAS COUNTY OF DENTON = CITY OF DENTON = I` ' We, the undersigned officers of, said city, hereby rtify I as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 5TH DAY OF MARCH, 19910 at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City council, to-wits " Jennifer K. Walters, City Secretary Bob Castleberry, Mayor ' P¢ Bob Gorton John Trent j Jim Alexander Jane Hopkins Hugh Ayer Randall Boyd Boyd ! and all of said persons were present, except the following j absenteest , thus constituting G quorum, Whereupon, among other bus ness$ the following was y transacted at said Meetings a written ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF i CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1991, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES "s if RELATING THERETO 1 was duly introduced for the consideration of said City Council and duly read. It was then duly moved end seconded that said urdinance be passeds and, after due discussion, said motion, Carrying with it the pa cage of said Ordinance, prevailed and carried by the following Votet AYES: q NOESI l ' i ABSTENTIONSt i 2, That a true, full, and correct copy of the aforesaid ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cateJ that said Ordinance ha& been duly recorded in said City t. ■ ,.l 4 w council's minutes of said Meetings that the a'^ove and foregoing paragraph is a true, full, and correct excerpt from said City council's minutes of said Meeting pertaining to the passage of said Ordinances that the persons named in the above and forego- ing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in ti advance, of the time, place, and purpose of the aforesaid Meeting, and that said ordinance would be introduced and considered for passage at said Mestingi and that said Meeting was open to the public, and public notica of the time, place, ;r and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6262-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinancei that the Mayor and the city Secretary of said City have duly signed said ordinances and 1 that the Mayor and the City Secretary of said City hereby do- ciare that their signing of this certificate shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes. "x SIGNED AND SEALED the 5th day of March, 1991. 1 City Secretary+ Mayor ! ~ F t (SEAL) iii - - r r r - - r w r r r r r - - r - r r r { l f a ~ We, the undersigned, being respectively the City Attorney and the bond Attorneys of the City of Denton, Texas, hereby r1 r" Y certify that we prepared and approved as to legality the attached and following ordinance prior to its passage as aforesaid. y` . city Atto ROY bon ornsys f ' ~,.r 6'tl 1~Q I ORDINANCE NO. 91 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 19911 AND APPROVING AND AUTHORIZING 1,1j`RUMENTS_AND PROCEDURES RELATING THZ$ETO THE STATE OF TEXAS I COUNTY OF DENTON I CITY OF DENTON = WHEREAS, the Certificate of Obligation Act of 1971, as amended and codified (the "Act") permits the City to issue sell for cash the certificates of obligation hereinafter authorized; and WHEREAS, the City has duly caused notice of its intention e to issue the Certificates of Obligation hereinafter authorized manner Actbandu noispetitionhed at it d pthe rote sting rthe issuancehe #J. a thereof. •,1 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. kF csrtificats or certificates of the City of Denton, Texas (tai v' •~.t, Iflasuer") are hereby authorited to be issued and delivered in t i St4 1 ; V the aggregate principal amount of $590,000, FOR THE PURPOSE OF { j PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED (1) PUPSUANT TO CONTRACTS FOR REPLACING THE ROOFS ON THE MUNICIPAL. BUILDING (CITY HALL) AND THE CENTRAL FIRE STATION, AND (2) PURSUANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLOWING EQUIPMENT FOR MUNICIPAL USEt TWELVE POLICE CARS, TWO GARBAGE TRUCKS, ONE TRACTOR MOWER, AND ONE TIRE CUTTER (SHREDDER)L AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES NEREPLACEMLNTSO PURCRASESN AND CERTIFICATES OF OBLIGA- TION. Section 26 DESIGNATION OF THE CERTIFICATESs Each cart- " ificate issued Iursuant to this Ordinance shall be designatedt "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1991 , and f initially there shall be issued, sold, and deliVered hereunder a single fully registered certiflcate► without interest cou- pons, payable in installments of principal•(the "Initial Certificate"), but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a like aqgregate principal amount of fully registered certificates, denoninationr or denominations of e$5,0J0 torianyspintsgralthe x, 1 UI! 1,.o r WNW F ~7p■■j 3 I multiple of $51000, all in the manner hereinafter provided. The term 11Certificates" as used in this Ordinance shall paean and include collectively the initial certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE. i~ (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a single fully i. registered Certificate, without interest coupons, dated April s' It 1991, in the denomination and aggregate principal amount of $590,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wits or to the registered assignee or assiqnees of said Certificate or any portion or portions thereof (in each case, the "re ir- tared owner"), with the annual installments of principal of the initial Certificate to be payable on the dates, rer ectivel P Y# and in the principal amounts, rerppactively, stated in the FORM OF INITIAL CERTIFICATE set forth to this Ordinance. i (b) The initial Certificate (i) may be assigned and transferred, (ii) may be converted and exchanged for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed, and the principal of and interest on the Initial Certificate shall he payable, all as provided, ! and in th' manner required or indicated, in the FORM O! INITIAL I CERTIFICATE set forth in this Ordinance. ; . Section 4. INTEREST. The unpaid principal balance of the initial certificate shall bear interest from the date of the -}tr Initial Certificate to the respective scheduled due dates of the installments of principal of the Initial Certificate, and said interest shall be pa able, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section S. FORK OF INITIAL CERTIFICATE. The form of the initial Certificate, including the form of Registration Certif- icate of the Comptroller of Public Accounts of the State of ! Texas to be endorsed on the Initial Certificate, shall be substantially as fo110wsi 2 7; , s vna~OF INIT171 C'RTIF CL_ATE $590,000 N0. R-1 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON TIFICATE OF OBLIGATION ~tt CITY OF DENTONSCER IES 1991 in Dento,s County, Texas (the "Issu- f THE CITY OF DENTON, er"), being a political subdivision of the state of Texas, q; r hereby promisee to pay to or to the registered assignee or assignees or this Certificate ; or any portion or portions hereof (in each case, the tared owner") the aggregate principal amount of. , $590,000 ' (FIVE HUNDRED NINETY THOUSAND DOLLARS) f ,°I in annual in+tallmonts of principal due and payable on JULY 1 kx+ in each of the years, and in the respective principal amounts, as not forth in the follo$jing ~j PRINCIPAL PRINCIPAL i' 8 Y~8 MB k' , 1 1992 $1300000 2000 $150000 1993 140,000 2001 16,000 1994 150,000 2002 15,000 2003 15,000 2004 1993 10,000 20,000 1996 100000 2006 20,000 199 10,000 2006 16,000 1990 8 } 1999 15,000 sF 'F t and to~ poy interest, calculated on the basis n! • 3d0-day year It' comppoosed of twelve 30-day months, from mh o! deach ate thi installs icato hsreinaftar stated, on the balanc 1tiy Mont of principal, respectively, from ties to tine remaining unpaid, at the rates as follows r_y r annum on the above instfilloont due ift 1902 ~,A par annum on the above installment due in 1993 pe per annum on the above installment due in 194 l ' ' " par annum on the above installment due in 1995 , per annum on the abova installment due in 1996 I per annum on the above installment due in 1997 .1. 4. } per annum on the above installment due in 1998 " per annum on the above installment due in 1999 t per annum on the above installment due in 2900 --t per annum on the above installment due in 2001 `~t per annum on the above installment due in 2002 per annum on the above installment due in 2003 't per annum on the above installment due in 2004 i per annum on the above installment due in 2005 annum on the above installment duo in 2006 J with said interest being payable on JANUARY 1, 19921 and semi- annually on each JULY 1 and JANUARY 1 thereafter whil9 this certificate or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this certificate are payable in lawful money of the United States of America, without exchange or collection charges. The instill- ments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of NCNB TEXAS NATIONAL BANK, FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by ci%ck dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter providodf and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage rrepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar., as hereinafter deacribad. The issuer cove- nants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will oaks available to the laying Agent/Regis- r' tray from the "Interest and Sinking Fund" created by the Cert~licats Ordinance, the amounts re payment, in immediately available furen~ i r t f tall rpiinoipal ofe l and interest on this Certificata, when due. { ! or inter : It THE DATE for the payment of the principal o tot on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next s oridnaa day n which banking institutions r Sunday, legal holidayayj Y e 4 is ~,y• '•tl 11F~.~~RaoM~ 1 W authorized to close; and ppayment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA- TIONS TO BE INCURRED (1) PURSUANT TO CONTRACTS FOR REPLACING THE ROOFS ON THE MUNICIPAL BUILDING (CITY HALL) AND THE CENTRAL FIRE STATION, AND (2) PURSUANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLOWING EQUIPMENT FOR MUNICIPAL USE: TWELVE POLICE CARS, TWO GARBAGE TRUCKS, ONE TRACTOR MOWER, AND ONE TIRE CUTTER (SHREDDER)? AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH REPLACEMENTS, PURCHASES, AND CERTIFICATES OF OBLIGA- TION. ON JULY 1, 1996, or on any date whatsoever thereafter, the unpaid installments of principal of this Certificate may be prepaid or redremsd prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Certificate to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion if I of this Certificate may be redommed only in an integral multi- ple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redempption due provision shall be made by the Issu r with the Payinq Agent/Registrar for the payment of the j requ~rad prepayment or redemption price for this Certificate or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption, if such written notice of prepayment or redemption 1 is given, and if due provision for such payment is tirade, all as provided above, this certificate, or the portion thereof which Sa to ba so prepaid or redessed, thereby automatically shall be S treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being 1 outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- set to the date fixed for prepayment or, redemption from the Paying Agent/Registrar out of the funds provided for such 5 b fll.R... IY■p■1 f qupa payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof. THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion hereof in any integral multiple of 55,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar ; for cancellation, together with proper instruments of assign- went, in farm and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the s assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then-will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certifi- cats which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Regis- tray in conversion of and exchange for this certificate or any E portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shell be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purportsetf, inoluding payment and discharge of liability upon thin Ceificates to the extent of such payment, and, the Issuer and the Paying Agent/Registrar shall not be aff*oted by any notice to the contrary, + AS PROVIDED above and in the Certificate Ordinanoe, this j Certificate, to the extent of the unpaid principal balance hereof, may be converted into and exchanged for a like aggrs- qate principal amount of fully registered certificates, without interest coupons ppayabie to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the + initial registered owner, in any denomination or denominationo 6 in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certifi- cate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and de- livered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. Thr ssuer shall pay the Paying Agenc/Registrar's standard or customary fees and char as for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agsnt/Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. # IN THE EVENT any Paying Agent/Registrar for this Certifi- cate is changed by the issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it prompptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this certificate. IT IS HERESY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and deliveredi that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been formed laws that this Certificatedisa ad generalbeen of the with Issuer, issued on the full faith and credit thersofl and that annual ad valorem taxes sufficient to provide for the payment I 7 aw of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the issuer, and have been pledged irrevocably for such payment, within the limit prescribed by laws and that, together with other parity obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary ; sewer system, and electric light and power system), all as G provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance a; with law, and in accordance with the Certificate ordinance, 4 other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said r revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the reglaterod owner thereby acknowledges all of the terms and ' provisions of the Certificate ordinance, agrees to be round by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract j'. between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate ; to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the issuer, has caused the official meal of the Issuer to be duly impressed on this Certificate, and has caused this Certificate to be dated APRIL It 1991, rjr CRY secretary, mayor, ; City of Denton, Texas city of Denton, Texas i (CITY SEAL) i 8 j 1 i i FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has bean examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts : of the State of Taxes (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFI- CATES. Registration and Transfer. (a) The Issuer shall keep E or cause to be kept at the principal corporate trust office of NCNB TEXAS NATIONAL SAW K, FORT WORTH, TEXAS (the "Paying Agent/Registrar") d books or records of the registration an transfer of the Certificates (the "Registration Books"), and k , the Issuer hereby appoints the Paying Agent/Registrar as its r registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may { prescribei and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be j mailed, as herein provided but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and r such interest payments shall not be mailed unless such notice has been gqiven. The Issuer shall have the right to inspect the 1 Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such Certificate to the Paylnq Agent/Registrar for transfer of registration and cencullation, together with proper vritten instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) i 9 ,t I I I 1 evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon assignment the transfer thereof, anew substitute Certificate Certificate fCertificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated princi- pal maturity date), shall b:+ in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments) and each such Certificate shall have a principal maturity date corresponding to the due date of the ) principal andf each which Isabeingp exchanged; ; thereof substitute Certificate Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the initial Certificate is assigned and transferred, there delivered shall be registered h registered owner substitute Certificates in exchange h forthe initial unassigned balance of the initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorized attorney or repre- sentative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for trans- tor such transfer in the Registration Agont/Registrar tshall an authorized 10 i Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and trans- ferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and ex- change of Certificates by any registered owner of a Certifi- cate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or intereat payment date. (b) OmcMhi4 of Cert{ficates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner the Paying thereof for all Certificate shall ubeo overduag andrtheaIssver and such Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be upon valid and uto the satisfy extent of and the discharge sum or sums liability so b paid. such Certificate (p) rent of Certiflo•r•~ and Interest. The Issuer hereby further appoints the Paying Agant/Regic+trar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions ahprovided in this certificates, ordinance,all replacements of Certificates, as d) rnnvarsion and Exchange or Renlacemgnt~ Authenti- cation. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unpaid principal balance or Certifi- principal e ate the amount principal o corpomay, rate p trust surrender ofice o of such the Paying cate ii t i P i Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or represen- tatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be con- verted into and exchanged for fully registered certificatos, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case rd o If the Initial Certificatetransfe or converted each substitute Certificate Issued In i exchange for any portion of the initial Certificate shall have a single stated principal maturity date, and shall not be payable in installmentst and each such Certificate shall have a r principal maturity date corresponding to the due date of the Installment of principal or portion thereof for which the substitute Certificate is being exchangedi and each such Certificate shall bear interest at the single rate applicable' to and borne by such installment of principal or portion thereof for which it is being exchanged. If any Certificate or i portion thereof (other than the Initial Certificate) is as- i signed and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent/Registrar shall convert and exchange or replace Certificates as provided herein, and each fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be converted and exchangged or replaced. It is specifically provided that any Cortificate authenticated in conversion of and exchange for or replacement of another Certificate on or prior to the first scheduled Record Date for the initial Certificate shall bear interest from the date of the Initial Certificate, but each substitute Certificate so authenticated after such first scheduled Record Date shall boar interest from the interest payment date next precedinq the date on which such substitute Certificate was so authenticated, unless such certificate is i I i t ell authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date] provided, however, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this ordinance is not required to be, and shall not be, authenticated by the Paying Agent/- Registrar, but on each substitute Certificate issued in conver- sion of and exchange for or replacement of any Certificate or Certificates issued under this ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE it is hereby certified that this certificate has been issued under the provisions of the certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NCNB TEXAS NATIONAL BANK, FORT WORTH, TEXAS Paying Agent/Registrar E Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign tho above Certificate, and no such certificate shall be deemed to be issued or outstanding unless such Certif- icate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body cd the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certif- icate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernonts Ann. Tex* Civ. St. Art. 13 i 717k-6, and particularly Section 6 thereof, the duty Of conver- sion and exchange or replacement o f entRe istrar s is hereby impose a d r upon d upon the Paying InAgent/Registrar's Authentica- the execution of the above Paying tion Certificate, the converted and 03( esnand enforceable din Certificate shall he valid, the same manner and with the same effect ursuant toethistordinances icate which originally was issued p the Comp- approved by the Attorney General, and registered b the paying troller of Public Accounts. The issuer feesland ycharges for Agent/Registrar's etandard or e changing any Certificate or any transferring, converting, a requesting any such transfer, portion thereof, but. the one requ taxes or governmental conversion, and exchznpaid with respect thereto as a condition charges required to bE p sion and of conve precedent to the exercise of such p rivileg not be required to exchange. The Paying Age/Reg make any such conversion and excha d rin the period commend 9 icates or any portion thereof (i) 9 with with the of busi ess sons othennext ford Date ollowings principal or Certificate the opening ng ii with respect to any interest payment data, oro ( rior to maturity, or, portion thereof called for redemption p 5 j within 45 days prior to its redemption date. . All Certificates issued in conversion or portion (e) In General rggigt for~n without and exchange or replacement of any other thereof, (i) shall be issued in folly interest coupons, with the principal of and inntereest on such Certificates to be payable only to the regst owners bQ thereof, (ii) may be transferred and assigned, (III) may shall have converted and exchanged , (v for othir be signed ando$*&I* and (vi) the characteristicstics, ) shall the principal of and interest on the Certificates shall be paY- able, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this ordi- nonce. n.MnnM of Fees__snd CharaB.l~ The issuer hereby (f 11 covenants with th registered owners of thfeeCserandtificates it will (i) pay the standard or customary to the the paying Agent/Registrar for its services with respect the Cert payment of the prinaipalhe feesiand cha ges of the iPayincfs, when due, and (ii) pay t Agent/Registrar for services wand witrespect to the respect to the sconver- registration of Certificates, to the extant above ision and exchange of rovided in this Ordinaecnificates solely ; i p i la f i~ i 4 (g) Substitute Paving Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certifi- cates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Regis- tration Books (or a copy thereof), along with all other perti- nent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Rogistrar, the Issuer promptly will cause a vritten notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and perform- ing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a car- tified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replace- ment of any other Certificate or portion thereof, including the fors of Paying Agent/RegistrarOs Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. ! i 15 OMNI ~ ~nemtmifTE EC RTIFICATF~ UNITED STATES OF AMERICA pRI14CIPAL AMOUNT NO. STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION ORIGINA: ISSUE K TnRITY DATE _ DATF TpTCRFST RATE , ~i April It 1991 OF DEON ON THE MATURITY DATE specified above the CITY olit Nl, in Denton County, Texas (the "Issuer"), beingmi5a to pay to subdivision of the State of Texas, hereby p e Wafter ne, or to the re9lstesowner°)htha principal a g h of called the "registered interest thereon, calculated on the basis of a and to pay 360-day year composed of twelve 30-day months, from APRIL 1, 1991, to the maturity date specified above, at the interest a on interest andpaJANUARY i rate par annum specified abovet with JANUARY i, 1992, and semiannually thereafter, except that if the date of aut9hlnticatiprineipals Iso 19, such Certificate is later than DECEMBER ent date next amount shall bear interest from the in tunlessasuch date of preceding the date of authentication, authentication is after any Record Date (hersinafethr defined) j date, in but on or before the next following interest paym 1 which case such principal amount ds all bear interest from SUQb next following interest ficat his tatos rot Americare THE PRINCIPAL OF AND ! INTEREST ON tS of this payable in lawful money the United without exchange or collection charges. The principal Certificate shall'be paid to the registered owner hereof upon ; der of his Certi Maturit presentation ancd surate trusttoffice off NCNB TEXAS NATI N~ALt ; the principal TEXAS, which is the "Paying Agent/Registrar" } SANK, FORT WORTIi, a ent of interest on this Certifi- for this Certifieats. ihs pay g Agent/Registrar to the regis- ; cats shall be made by a ent date by check dated l payment interest date, payment by the Payiv%; tared owner hereof on each Aas of such intern# ad ayable solely from, funds or the Issuer on, by the ordinance authorising the issuance of ssuer e required trr to be on deposit the Certificates (the "Certificate Ordinance") 16 h.. with the Paying Agent/Registrar for such purpose as hereinafter providedi and such check shall be sent by the Paying Agent/- Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner d hereof, at the address of the registered owner, as it appear ach on the 15th day of the Registration Sooksn kept by dPayiate month neAt Record Date") Agent/Registrar, as hereinafter described. The issuer cove- rants with the registered ownedater of Cartipaymenttdate,nand before each principal p ym accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of,or inter- est on this Certificate shall be a Saturday, Sunday a holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day n which banking sinstitutions are Sunday, legal holiday, or day o authorized to closet and payment on such date shall have tsame force and effect as if mada on the original date payment was due. THIS CERTIFICATE is 1991, authorized int accordancetwith initially dated APRIL 10 as in the i the pal constitution $590,000 s FOof the State of R THE PURPOSE OF XPAYING ALL ORnA TO BE INCURRE PORTION OUANNTTETO TCONTRACf FO AREPLACINGITHE ROOFS ON THED NG (D (2PAPUBUILDING O (CITY HALL) FOR AND THE THE PURCHA FIRE ATION FOLLOWI AND (2) TWO GARBAGE EQUIPMENT FOR MUNICIPAL USE D7o EL I LIC~ER ~S~DDER)J AND TRUCKS, ONE TRACTOR MOWER, ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL 0816IGATIONS FOR PROFESSIONAL SERVICES OF ENGINEER- ING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH REPLACEMENTS, PURCHASES, AND CERTIFICATES OF OBLIGATION. ON JULY 1, 1996, or on any date whatsoever thereafter, the Certificates of this Series may be redeemed prior to their 4 b-.:heduled maturities, at the option of the issuer, it ,fund derived from any available and lawful source, a w or in in part, and, it in part, the particular Certificates, or purtions may be the thereof, to be redeemed $hall be s leCaede and designated Issuer (provided that a portion 17 redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemp- tion of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circula- tion among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption dates provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemp- tion of any Certificates or portions thereof. By the date fixed for any such redemption due provision shall be made with 4 the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemp- tion is published and if due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ i Registrar out of the funds provided for such payment$ if a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,0000 at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of thin issuer, all as provided in the Certificate ordinance. 18 1 i 4~1 THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfr.ctory to the Paying Agent/Registrar, evidenc- ing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certifi- cates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Cettificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the paying Agent/Registrar0s standard or customary fees and charges f for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to j be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing with the close of business on any Record Date and ending with } the opening of business on the next following principal or Interest payment date. The registered owner of this Certifi- cate shall be deemed and treated by the Issuer and the Paying } Agent/Registrar as the absolgts owner hereof for all purposes, including payment and discharge of liability upon this Certifi- cate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to f the contrary. h ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the r denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, 19 assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rata, in any tipl denomination or denominations in any int ror r iate lregistered $5,000 as requested in writing by the app P the case u on sur- owner, assignee, or assignees, the paying gent/Regg istrar for render this certificate to of all in accordance with the form and procedures cancellation, and Tcustomary feesny y set forth in he Rcertificae or egistrants stadinance ndard .or the Paying g converting, and exchanging a charges for transferring, requesting such ficate or any portion thereof, but the Certi pay an axesor transfer, conversion, and exchange shall p Y governmental charges required to be paid with respTivilegeeof as a condition precedent to 'payingcAgent/Registrar shall not conversion and exchange such conversion and exchange duringDthe Record at be required to make any period commencing with the close business nonsthe next following and ending with the opening principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the certifi- cates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has coappoinedain competent Certifilate ordinance that it promptly will promptly will cause written qualified substitute therefor, and p notice thereof to be mailed to the registered owners of the ~ Certificates, covenanted auth that this IT IS HEREBY certified* nd recited# validly and orized, issued, and certificate has been duly conditions, and proper things required or deliv*redi that all sexist, and be done precedent to or in proper to be P and delivery of this Certificate the authorization, issuance, existed, and been done in accordance with have been performed, laws that this ne to Tulle laith and credit t ereoft andtthat Issuer, rovide for the ptyment, annual ad valorem taxes rincienl :his Cartificata, an such of the interest on and principal comes duo and such principal matureag have erty be n levied in the interest a ont, } and ordered to be levied pledged irrevocably for such p ym Issuer, and have been P laws and that, together with within the liNit prescribed by and the other other parity obligations, this Certificate, a able from and Certificates Of this Series, additionally are p Y xceed $10r000 in secured by certain surplus ra~hduisavertfrom the ownership and aggregate amount) derived by stem (consisting of the operation of the Citys utility gY sower system, and City's combined waterworks system, sanitary provided in the electric light and power system), all as certificate ordinance. 20 ( r,. Kati Xjr THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem a with, or revenues of ` Utility System, on a parity revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the registered owner, thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate the he Ordinance is duly recorded and available for inspection in official minutes and records of the governing body issuer, and agrees that the terms and provisions of this nce betweenCertificateeachandregithe thcon e Iss ere a contract IN WITNESS WHEREOF, the issuer has caused this Certificate to be Issuer sand countersigned with ltheifacsimile ignat re of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. Ltwatuf'al (facsimile eignacnral (facsimiles Mayor, City Secretary, City of Denton, Texas City of Denton, Texas (CITY SEAL) +^Sti•T/ EGISTRae'S AUTHENTICAQV c`FRTiFICATE E LJ PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE 4 it is hereby certified that this Certificate has been issued under the provisions of the Certificate ordinance ` described on the lace of this Certificates and that this } Certificate has been Issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or Certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, NCNB TEXAS NATIONAL BANK, FORT WORTH, TEXAS Paying Agent/Registrar Dated BY Authorized Representative 21 c _ } ~I FORM OF &SSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to or typewrite Assignee's Hama and (Assigneels Social (print ; Security or Taxpayer address, including zip code) Identification Number and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Certificate on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: i 1 Signature Guaranteed: NOTICE: This signature must be Reg stered owner guaranteed by a member of the NOTICE: This signature must New York Stock Exchange or a correspond with the name of ! commercial bank or trust the Registered owner appear- company. ing on the face of this Cer- tificats. J Section S. TAX LEVY. A special Interest and Sinking Fund l (the "Interest and Sinking Fund") is hereby created solely for the benefit of the CortifitAtes, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shell be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and peincipal of the Certificates. All ad valorem taxes levied and collected for and on account of the 11 Certificates shell be deposited, as collected, to the credit of j the Inters,%t and Sinking Fund. During each year while any of the Certificates or Interes+: thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rats and amount of ed valorem tax which will be 22 ti y1 f ;r x f sufficient to raise and produce the monay required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less than 21 of the original principal amount of the Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all j taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and j deposited to the credit of the aforesaid Interest and Sinking j Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. fi ' Section 9. SURPLUS REVENUES. The Certificates addi- tionally shall be payable from and secured by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from f the ownership and operation of the Issuer"s Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system) remaining after (a) payment o" all amounts constituting operation and main- tenance expenses of said Utility system, and (b) payment of all debt service, reserve, and other requirements and amounts I` required to be paid under all ordinances heretofore or here- after authorizing (i) all bonds and (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility System revenues, and (o) payment of all amounts payable from any Utility System revenues pursuant to contracts heretofore or hereafter entered into by the issuer in accordance with law (the "Surplus Revenues"). If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit of the interest and Sinking Fund in an amount sufficient to pay, When due, the principal of and interest on the Certificates, then Surplus h Revenues, to the extent hereinafter permitted, shall be depos- ited to the credit of the interest and Sinking Fund and used to pay such principal and/or interest. A maximum aggregate of $10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of 10 000. Until and unless an aggregate of $10,000 of Surplus Revenues actually is used to pay any such principal and/or 23 I 1 I 1 i interest, additional obligations, payable from and secured by I all or any remaining unused part of said aggregate of $10,000 of Surplus Revenues, may be issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations, with the Certificates and all such additional and unufrom and sed part of secured i parity oblialliors an payable said aggregate. ratably by any remaining Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts, in accordance with applicable „ II laws, to be payable from and secured by any Utility System revenues other than the aggregate of $10,000 of Surplus Reve- nues as described above. The certificates are on a parity with those issues of City of Denton Certificates of Obligation, j Series 1987-A, Series 1989, and Series 1989-A, as permitted in f the Ordinances authorizing same! and it is hereby found and determined that none of the above defined Surplus Revenues have ever been used to pay any principal and/or interest on said I , City of Denton Certificates of Obligation, Series 1987-A, Series 1989, or Series 1989-A. Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certif.{ icate and the interest thereon shall be deemed to be paid, i retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this ordinance, except to the extent provided in subsection (d) of this Section, when payment of the 1 principal of such Certificate, plus interest thereon to the duo j date either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably deposit- ing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without rein- vestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all refeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defessed Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government obligations. (b) Any moneys so deposited with the Paying Agent/Regis- trar mayy at the written direction of the Issuer also be in- vested in Government Obligations, maturing in the amounts and 24 1 I, I I i times as herainbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. j (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certifi- cates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LAST, STOLEN, OR DE- STROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agant/Registrar shill cause to be printed, executed, and delivered, d new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) ApplicAtion for Replacement Certificates. Applica- tion for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Plying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner i applying for a replacement certificate shall furnish to the I Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of then harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. 25 r e (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any such Certifi- cate shall have matured, and no defaf.lt has occurred which is then continuing in the payment of the principal of, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. < (d) charge for Issuing Replacement Certificates, Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge thr registered owner of such ! Certificate with all legal, printing, and other expenses in i; connection therewith. Every replacement certificate issued 1 ; pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or. not the lost, stolen, or destroyed Certificate shall be found ' at any time, or be enforceable by anyone, and shall be entitled i . to all the benefits of this ordinance equally and proportion- 1I ately with any and all other Certificates duly issued under j I this ordinance. (e) Authority fqr issuing Replacement Certificates. In accordance with Section 6 of Vernonts Ann. Tex. Civ. St. Art. 717k-60 this Section of this ordinance shall constitute author- ity for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/- Registrar shall authenticate and deliver such Certificates in the forib and manner and with the effect, as provided in Section 6(d) of this ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12, CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES1 CERTIFICATE COUNSELS OPINION, CUSIP NUMBERS, AND INSURANCE. The Rayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the initial Certificate pending its delivery and its investigation, exami- nation, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the initial Certificate, and the seal of said Comptroller shall be i 26 i I ,.n 11 impressed, or placed in facsimile, on the Initial Certificate, The approving legal opinion of the issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the initial Certificate or on any Certificates issued and delivered in conversion of and exchange or replace- ment of any Certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. If insurance is obtained on the Certificates as provided in the Notice of Sale and Bidding Instructions and Official Statement hereinafter described, the Initial Certificate and all other Certificates shall bear an appropriate legend concerning insurance as r•. provided by the insurer. i, Section 13. COVENANTS REGARDING TAX-EXEMPTION. The I Issuer covenants to refrain from taking any action which would adversely effect, and to take any action required to ensure, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includ- able in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as followss (a) to take any action to assure that no more than 10 percent of the proceeds of the- Certificates (less i amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b) (6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not re- li ceived by the Issuer, with respect to such private busi- ness use, do not, under the terms of this ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code1 (b) to take any action to assure that in the event that the "private business use" described iii subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) then the amount in excess of 6 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Cade, to the governmental user (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than 27 ti Ib~ ~ f ' ICI state or local governmental units, in contravention of section 141(c) of the'Codei i (d) to refrain from taking any action which would s otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; ♦ 4„ (f) to refrain from using any portion of the pro- ceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with L (1) proceeds of the certificates invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Certificates are issued, (2) amounts invested in a bona fids debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and 6 (3) amounts deposited in any reasonably re- quired reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certifi- cates do not otherwise contravene the requirements of section 148 of the code (relatinq to arbitrage) and, to the extent applicable, section 149(d) of the Code (relat- ing to advance refundings); (t,) to pay to the United States of America at lust a once during each five-year period (bogirninq on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings", within s the meaning of section 148(f) of the Code and to pay to i f the United States of America, not later that 60 days after the Certificates have been paid in full, 100 percent of f 28 i 1e I M R the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and I (i) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of thr Code and to retain such records for at least six years following the final payment of prinoi- pal and interest on the Certificates. i It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that j regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certifi- cates, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the avant that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent neces- sary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates er section 103 of the Codand , Section 14. SALE OF INITIAL CERTIFICATE. The initial certificate is hereby sold and shall be delivere cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ . It is hereby officially found, determined, and declared that the Initial Certificate has been sold at public sale to the bidder offering the lowest interest coat, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official ; Statement dated February 19, 1991, prepared and distributed in connection with the sale of the Initial certificate. said Official Notice of Sale and Bidding Instructions and official statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use i in the offer and sale of the Certificates is hereby approved. It is further officially found determined, and declared that the statements and representations contained in said official Notice of Sale and Official Statement are true and correct in all material respects, to the bcot knowledge and belief of the ; City Council and the Issuer. i 29 Section 13. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the initial Certificate shall be used along with other proceeds for the replacements and purchases for which the Certificates are issued; provided that after completion of such replacements and purchases, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning of 1111 the Code lshall be so and not considered as interest earnings for the purposes of this Section Section 16, FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be 4 and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform ` all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordinance$ the certificates, the sale of the Certificates, and the Notice of sale and official Statementi and the Director of Finance of the City shall cause the expenses of issuance of the Certificates to be paid fros the proceeds of sale of the initial Certifi- cate. In cast any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of s'~ch Certificate, such signature shall nevertheless be va?,id and sufficient for all purposes the same as if such officer had remained in office until such delivery. i j l i i f 30 r^ Cx4'ti'M~ rl 1 { .r t Av I .1 r CITYJ :a5 CICQUN 4 t 5 c y1s 1 l rl raf~~ 1 '11 1 1 r 1 5 n. j a ~tbk .0 i rr I n ^s.., i' y 3r Yi Q ~1 a to Gs S t'' C t ft r0 A. S!* ~ ili~~~r "lAl t r a: 14 i r DATE: 03/05/91 CITY COUNCIL REPORT FORMAT TO-. Mayor and Members of the City Council j+- FROMS Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE WITH FEGARDS TO THE ANNEXATION OF I 1367.12 ACRES OF LAND LOCATED NORTH OF CRAWFORD ROAD AT THE " INTERSECTION OF ALLRED ROAD AND 135W (A59) (SECOND READING). 1 ' ' Y 1~ 4 r 1. RECOMMENDATION: - •I Planning and Zoning Commission cecommands adoption 5-0. ( SUMM)Rys I , An Ordinance annexing 11367 acres of land located north of Crawford Road at the intersection of Allred Road and I-35W is attached. The Service Plan, exhibit E, inccrporated in the ordinance provides for o ' the extenato+: of municipal services to the annexed property. The { ordinance also Provideo for a temporary Agriculture (A) zoning f±t eta n, j designation pending the permanent zoning Of the ptopetty, anticipated to be planned development (PD). 1 3 1 City Charter (Section 16030 Extension of City Limits) requires a't ' vote of not less than six members of the City Council (four-fifths)` to take final action by ordinance to annex property into the city ; a i r e limits. t`,J C d' h BACKGROUND { The proposed annexation has been initiated by the owners of the tracts in order to facilitate zoning for Planned Development to ` allow for light industrial, offices, commercial and institutional uses, on October 16, 1990r City Council adopted an annexation schedule setting the date, time and place for public hearings with ; respect to the proposed annexation (A-59), Staff prepared a service ddd plan for a 920.42 acre tract located north Of Crawford Road, east of 135 W and an adjacent 446.70 acre tract located at the intersection of FM 2449 and 135 W, Public Nearings were held on November 6, 1990 and November 20, 1990 and no one spoke against the proposed 1 anrexation, The Planning and Zoning Commission considered the Y proposed annexation on November 26, 1990, and cacummonded adoption by City council (5-0)a City Council instituted annexation ; proceedings in this case on Decetaber 11, 1990. I k~ f Y i it } , i I I 1 s 1 Mayor and Members of City Council page 2 May 3, 1991 x pg~gp.KS DEPARTMENTS OA GROUPS AFFECTED: k' ,t All city iWastee Environmental dHealth, lParke andgRecreationp Policeeo , Solid and Library. p•s r FISCAL IMPACTS ;s These tracts currently have agricultural exemptions which will `,kc result in minimal ad valorem tax benefits to the city. The 1, i •'ti= potential tax base, however, will be substantial when these tracts are developed. T yy~ o., Recpec ully submitted: r ],l d Harrell"j prepartad by: City Manager Tt*= F Harry N. eraaud, AICP „r« ry Senior Planner n AFB an H. Ro not A S `8 Executive Director planning and Development yf_! 1` 3 2481x s4 ' Attechmenls: LMLM ,l r~' 1. ordinance i 2. Metes and bounds description 3. service Plan 44 Annexatton Schedule r j .k e 7:i1~ . c { 1 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 1,367 ACRES OF LAND LOCATED NORTH OF CRAWFORD ROAD AT THE INTERSECTION OF ALLRED ROAD AND I-35W1 APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY! TEMPORARILY PLACING THE PROPERTY IN AN AGRICULTURAL ZONING DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, that City of Denton has petitioned for the annexation "r ' of the property described heroin; and WHEREAS, public hearings whatre held in the Council Chambers on November 60 1990, and November 200 19901 (both days being on or after the 40th day but before that 20th day before the date of institution of that proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on December 11, 1990; and I WHEREAS, this ordinance has been published in full one time in the official newspaper of the city of Denton after annexation proceedings were instituted and thirty days prior to City Council taking final action, as required by city Charter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS; 92,CTI0,4-j. That the land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of j Denton$ Texas* gECTION 11, That the service plan attached as Exhibit "8" and incorporated herein by reference, which provides for the extension of municipal services to that annexed property, is approved as a part of this ordinance. saCr=er itt. The property annexed herein is temporarily designated as an agricultural coning district pending permanent coning of the property. ARCTIOg sv. should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all of the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the Cit . It any part of the real property annexed is already included within the city limits of the City of Denton or is within the limits of 1 .1 • I I rr any other city, town or village, or is not within the City of Dentonts jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were Y.y expressly described in this ordinance. SECTION V. This ordinance shall be effective immediately upon f its passage. x PASSED AND APPROVED this the day of r BOB CASTLEBERRY, MAYOR + r r M+ ATTEST t JENNIFER WALTERS, CITY SECRETARY ! BY 3 APPROVED AS TO LEGAL FORMt ,Y DEBRA A, DRAYOVITCH, CITY ATTORNEY i By$ r_. y 1190 7 11/19/90 r d 4 J 1 r r. p 1 ' f i~ ! CI PACE 2 ' rt t ' R i ff S f ~,,1 1 f L v' fir.. t t s EXHIBIT "p•• TRACT I Being 917.600 acne of land situated in the B.B.B.aC.R.R. Survey, Abatnct No. 1560 116"'".1t.R. Survey, Abstract No. 1590 B.B.B.ac.R.R. SUMO Abatract No. 1600 4 HttinNOiel 9tvvy. Tat! Abattact No. 10110 8. Pritehelt Survey, f Surveyr Abattact No. 1169 and the 0. West Survey, Abstract No. 13930 Denton County, Texas, said 917.600 acres being more particularly dactibed as follows$ k i ; 5/OQVf1M d tW sonkm assns of tie 3.SJ.b 631.51. Swvl%AbWW Na L% isW OW abo W4 the eotei+rset saw of tM W. SaW Ssrray, Abettsa Na L1Sl of sioteasY esssty. MW PoW WW W* Ve James Law said P" 1146dt T1; 300 31'Ml, 3611.27 bee aby tie sea No d tb add it" CJL L Setwsy, Abana Na M T1f1II= N 11'30'2/'N, 2210M Mtsq ` THW= N /f151'2f'R 4"A loft THVC2 N "'Wi'N, 27d,12 bu to 66 oea r it4&%W of toww s M*W UM d islstaata xw tfa bflwit~ alto ' T11tNC'~ dog tM esa tf~tdosy ~ ' ' L N 2ri1'417. =A feat 3. N 2f'IF 307iti.IS bd is tb bynr/ of a stew to the W beft a red" al 11.5/L77 bat, a antral nro of IS'O Wo a disci WNW of N NOWS0'1, a obeli dYlaen d i2SAi bsq ~ ' 1, Tfmn dog nid era G" boll imet S Mh1'^ O fsW 7. S 7"m % 71.6 lea L S AVNVI, IU7 loft 9. N 73w 4m an lull 146 N 1Tif1>P~ na bdt IL N W"mis bolt 11 N ShOIfArM,16'SA4 MR y, N 3~t2'N. l20.7ti laorf 11, N ihl'11'*. ~tofl ~ i!. N Slrfr~ 2~ loll yL N w4r4 m 304 ftoR . ` 17. N SSrfrS1'~ ~ M4 ~ x VOW% I" I" IWWV% I" b" - flfl" S OVIOW ►1on 0 M t. o P" b ~ and to of to 1. I mono Ow" AWM flu 4ft ° T7ofrC'i i /l*iTlT~ &WAI M to tatt notittod Was d tb di S. memo sot" T1" S lot *4 06 1" W r of oil J. fiiwu Sof'to/ td a MiM it 11wY ? ~ "4% U" PAq! 1 ,40 ,r i . ~.i.~. . ..-mow... =L l:rY 1.. A. 1 . i i THV" s aar7r$l, SXM jW rw twig tw &*W w. pw is AW %A TMwcs N W 3,W w, WAt b% rid Airs R"4 THvxl N p'11' M. ~.l7iN y rid A*" Park THVKS s oo•orvw, um" N~4 a • P" Is Ja1 m t, nt ro0 WO 17►110,Wt i►~to~MPOQRa>~~~~~~ E Tf SOMNwIF", puw hn) of lr1. ~ ee !w. ~ - r r I f , TRACT It iU ,rra. 1M►1D~w IM Y ft & P1w Mw~L AYeMt ma Mi1Mi1s i~ t<>dN0 t 2A we Wo of W *UAW d~ /rr WL dp* d M AM ~ a IM a aM/ N~ti we ww~~olwc om%le"sdin Mw bon o + sr **d it vq w N% Pap 4k*w zr~ rL vwdN ~ faieNe wnr st ds Wd &M we "a j ,t iLOa d~ sar rewWb ioMMss !!N! t we+E~ r hww4 1Y'M, 711th M 14 66 Mrl desk sal w 4*d4 41Iss bm ! W. T11WC2 t 170'■N 1R, t" mow a" t iMnos' !owlet iM *4 w ~Mo1 W 41 w■dM we (tuft Tl~NC7 !pp'pZrp07, IMF Mgt is rs POQR Of strfOQ~'a ~ : , a< lam Ilf iI1L i i 1 , I l ;f Page Z r r :a:`r r r; /Y . t 'I I a r TRACT III Being all that lot, tract or parcel of land out of t., The 34006 Edmonson lurverr Abstract No. 401 and the James 1. Harris Survey, Abstract No, and S part of the S. A, Pritchett luevey, ~f Abstract No. 10210 situated about 4 mils south 35 degrees west from r? the courthouse in Denton Countyo Ismael and smbrsoinq Forest Nn. 1, Parcel Noe 2 and Parcel Me 3 described in the deed to Money g. 1411161. Company recorded in values 2240, page 461 of the Denton County Deed j Records. 11 Beginningg at the southeast coense o/.iild Js E. EdSSnson Sue Wel the i middle of a County (load for the southeast corner of said Pares! Noe 10 i from which an a" Ojos post boars north 46 degrees-SO 1/2 minutes west I 30.5/10 rest* thence north 66 degrees-SO 1/2 minutes west] to and elan a fence for the south line of said Parcel Nos It a distance of 2654-61i0 feet to a 10 iron on the west side of a Cornet poet of a fanast for the South- west cornet of said Edeanson Survey and the southeast Cornet of said S. A. Pritchett Sutvoy and southerly southwest Cornet Of sold Parcel No. 1 s Thomas north no degrose-33 minutee eset, along the common line of sold Edsonson and Feltahott Surveys fat the southerly west lin• of said parcel No$ It a distance of 2=1705/10 feet to a 1" teen en the coat Bide of an old 100 Oak earner poet of a fence far a eesnteant Cotner of said Parcel No@ 1. Thomas north 0 dogtses-07 sinutse week; along s south tins of said parcel No$ 1, a distance of 1997.5/10 eet to a 1e Leon let the ; wastetly Southwest setnot of raid Poeeel Nos f and the southerly southeast dormer of the 02416/1000 .ores tenet deeeribod In the dead to the State of Uses tee highway eight of way reseeded In. volume 529# page 530 of the said Dead Roostds. i page 3 i r i ` rthence noetherly along the westerly Jim* of Said Parcel 40, 1 and e n'. easterly line of sold state of texas tracts Welsh 27 dagHea-ti slnutes east 67.0/10 feat) north 30 degresa-31 minutes east $994/10 feet to a damaaad - highway monuments Werth 77 degeee4141 minutes east 312.1/10 feet to a hiahwey monuments, north 27 depress-e3 minutes cue 6ee-1/j0 ►•ee to a highway monuments } north 17 degreaa-31 slnutes west 113.1/10 feet to • damaged F hlghwsy monuments north 62 de9tssa26 minutes west 131.2/10 fast to s htOhwty i t monuments north 27 dogm46-21 minutes last 426 fast to t highway monuments f north 22 dogtea8•23 minutes stet 99•7/10 feet to a guagad northsilmdsgeeee,37 minutes •aet 1270.5/10 foot to a 1" teen t in the noeth fins of said Pritchett Survey and for the northwest eetnsr of laid Forest No. 1. thence eouth ff dagrose-02 minutes east, along the and north line of Pritchett Survey, to and @ieeillNe.nl,ts Oiilanoi e~d30i1~!/ Otfiie ! i for the north lino said i to a 1" icon for the northeast corner of said Mttrla Survey end said Palest No. 1. 1i thence south na dogtaaa-01 minutes wart, to and along the said middle ; ' of county Msd, being along the east llna of said Morrill Survey, to and along the east line of said tdmanson Survey for the stet line of and distance of 23/1005 sales /ell which 3 !UM clew lie beglnnin0 within sold County Wdo leaving 397-27/100 sales o1flualre of sold F Road. r. Page d I r . ,,1 i r7- `f 1 TRACT IV at a " iron an the northwest side of a earn t DOLL Of e 9egannln0 l { famea for the northwest cornet of said PalCSI 404 2 and by DrfViOUa deed call to be the northwest eatner of said S. A. Pritchett Survey, I t Abstract No. 10216 Thence south 09 degrees-02 Minutes eesto along the nort2,1~^dlstance Pritchett Survey fair the north line of said Parcel No._ of 1602.6/10 feet t4 a 1" ITOM fat northwest hoornerhofs the r42 !26/1000 nacre r No. 2 and the northerly nor ;f= reset described in the deed to the Silts of Texas toe highway right of way recorded in volume 929p page 930 of the sold Deed Records. Thence southwesterly along the easterly line of said Parcel Nos, 2 amid R L l westerly line of said State of Texas tracts south 21 dogtest-33 Minutes watt 1094/10 tart to t damaged I ' highway Manuaentl sough 31 degrees-33 minutes weak. 409-2/10 fast to a highway manuaentt i south 21 degrees•46 1/2 alnutee welt 424.4/10 feet t0 a highway monuaentl north 62 dogreem•24 minutes most 490.2/10 feet to a damaged highway trice monument texas north rlt a tof the Bright of way of the Denton to Ponder Road* "alo right north O 61 delvesoi-92 Fender Roodafora aj sewthwestartz line fie i. t thongs } right of ray of the the Parcel No. It is dlatenae of 423.0/10 NO to a 1 Its" fat th southwest eeenar of sold retool Net 20 Thongs north ~edl 4$911664-53 s! f99miautoo i•1/10ofss! too thehpleas oflbeginning Parcel No. and containing 3506/10 sores. I s TRAM YY } r itchett Beginning at • 3/4' sill in the wsatwline eof aseld S idAForest and being by deed o Survey, Abstract Nos 1021. I= Page S iR: I Thence north no a distmnos otnt9i3 faststolon9"tieen far theeno threat Paeasl aid eornae of sold Petosl No, 3 In the southerly line of eight or »sy for the 0anton to Pander Road* thence south 62 degt•esa17 minutes east$ along the sold southerly time for the northerly lln• or sold parcel 404 3s a T; of fight of way, highway monument roe m southwest Corner Of dietana• of 3T2 feet to a the 42-526/1000 acres treat described in the deed to the State of texas for highway eight of way recorded in values S2lr page 516 of the sold Oesd Recorded + rr r r . thence southaaatatly and southwesterly along the saetstLy 1Ln• of laid Parcel No. 1 and sold westerly line of State of Taxes treats oat 206.5/10 feet! y 4 south 36 degrees-2i minutes • south 6 degte•s 10 :/2 minutes wart 204 feet tea 1/4" !rent South 27 dogre•salf minutes west 000.2/10 feet is a hlghwmy 1,. monument) south 27 degrees-4i minutes emit 1S1aS/10 rant to o damaged r' r highway 401111umentl South 27 dogroes440 minutes west 6564/10 test to a 1" lean rY flat the southeast Cotner of amid Parcel Red 3 and the southerly southwest cornet of said State of Tmxam trod!. Themes north 69 degrees-07 minutes west, slang the south line Of $old 1 Parcel Ne. 3, a distance of 47.1/10 feet to the plate of beginning and rf containing 13-63/100 sores. I ~ tie, ~i 3 . ;iy' Page 6 Y 1 1 a mnarr Hie SFRVIG~ PLAI4 i Annexation Number A-59 Acreage proposed. Par Annexation: 1367.12 Acres Site Loation: North of Crawford Rod at the intersectian of MW wd FM 240 A. Po&e Servim 1. patrolling, response to calls, and other routine services will be provided an the effective date of the annexation, using exIs* personnel and equipment. 2. As development and construcdon commence within this Ira, stdlident pollee ; personnel and equipment will be provided to furnkh this area the maximum level of police services consbtent with the characteristics of topographY, lard utilization, and population densities within the area a dewmiwd by the city Council within four and one-half (4%) years from the date of annexation, or upon commencement of development within the area, whichever occurs first. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable arse within the City. a. f ' 1. Pia p uwdw and emmmaty medical savices by the present personnel and limitations of avellable water and distances outlonr, will be provldad to this area on the effadve date } 2. AsdevelopmM and consantcdon ofsub&Adortr t, suffident fire cad amecI I my a+tbulanoa furnish this ants the maaimum levd of an and eeoe !I KY ~ f "MM eaadsteat with titre eha~aetarMIes of topography, 1 and population and" of the area, as determined by the City Coun4 } within four and ale-hdf (4%) years fray the date of the ameaatdon, of upon meat of development within this arc, whichever occur fleet. 1 ok 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/ Wastewater Gndr.e Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Article 4.09 of the Subdivision and Land j Development Regulations. 1 The actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve development shall be in accordance with the City's master utility plan, the Subdivision and Land p ' Development Regulations and the City's extension policies to Include economic development extentions. The City may participate In the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. i Where water or sewer main externions, lift stations, force mama or other necessary facilities are installed by the developer, the developer may be entitled to reimbursement of the cost of such facilities from pro-ram charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Collection 1. Solid waste collection will be provided to the property perry at the same level of ~ service as available to comparable areas within the City, within 60 days of the effective date of annexation. 2. N development and construction cotrtmence within this property, and population density fiwm es to the proper level, solid waste collection shall be provided to this property In accordance with then current policies of the I City a to frequency, charges and so forth, E.,30d,g4l~t 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property be&ning with the effective date of the anneyAdom 2. Routine maintenance of streets and roads will begin In the annexed area on the effective date of anneudon using the standards and level of service is M1; 2 ~x r. iY currently applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, a the need therefore is determined by the City council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic rote stuck will be installed as the need therefore is established by appropriate study and traffic S. Street and road lighting will be Installed in the substantially developed area in accordanca with the established policies of the City. F. Eo tsI HI th i Code Vnforcement Sodcea Yr 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grasa and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handles ordinance, anicna1 control ordinance, and the tree preaervetion ordinaaae shall be provided within this me on the effective date of the amwado& These ordinance and regulations will enforced through the use existing j personnel. 2. Building, plumbing, electrical, gas, and all other construcdon codek a may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. EArting personnel will be used to provide these service. 3. The Cites toning, subdivWoa and other ordinance shall be enforced in this area beginning on the effective date of the annexation. 4. All Wpecdoa services prov thed by the city of Denton, but not mentioned above, wM be provWed to this an begs wlq on the elfee M date of the annexation. Rxisting pawned win be wed to provide these rrvlce. S. Flood damage ndtiption will be provided by editing codes and ordinance Of the city a of tba effective data of the anntexatian. alopment and motion comn"ce. within this area, suf cleat 6. peAs dr rson will be provided to futttiah this area with the same level of health and code ent6reenunt services r are to contpaable arcs within the City. 3 „F 1 Aw~ r 0. The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. A Planned Development (PD) toning district designadon is anticipated for this area. 1. Parks and Recreation Services r. Residents of the newly annexed area may use all recreation hcilides, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standuds and policies now used within the City will be followed in the maintenance of pmts, playgrounds and swimming pools. s I. ' I a J. scat Distrihudoa ~ Electrical power will be made available to the site u required, at the same level i . of service currently being provided to comparable areas within the City. X; 6 , M3iC is K. Stmt mates and sign will be installed, if required, approximately six (6) months after the effective date of annimdoa. Residents of the newly annexed area may use all publicly owned IWUda, buildings or services within the city on the effective date of the annexation. All . publicly owned fadlides, buildings or services will be maintained is accordance y with established standards and polidw now used in the City. The al? of the City is pdaitised by such policy gtddellm s. a 1. D*=M for servku as compared to other arcs wW be based on chatutubtics of mpo=raphy, land uaudoq population density, magnitude of problems as related to comp r" arcs, established tub" standards and profaaioaal studies. 2. The ovmU cm-effecdveam of providing a apedAc facility or service. The amazed am will be coodde d for aF hapebv4-rssats In 64 aP plan. '1'ha mm" aces will be considered according to the same eMblished ~ criteria s all other arcs of the City, 4 r y y i , ANNEXATIONSS9CHEDULE .s 4t 1 city council sets date, time and October 161 1990 place for public hearings Notice published in Denton Record October 211 1990 Chronicle for first public hearing. „ service Dian is prepared. r Council - first public hearing. { 1990 City ; November b, Notice published in Denton Recorb November 9i 19y0 Chronicle for second publio heating. { ~r City Council - second public heating. Y > November 20, 1990 planning commission makes ' ~ and 2cnihg ~ cT c T...November 28r 1990 recommendation. s 1990 City Council institutes bnnexation. December 11. First reading of annexation oidin6nca' Denton fx ' publication of ordinance ink December 211 1991 Record chronicle. +r Secoisd ity CouncilsAlt Final action by C ce s 1 reading Of annexation ordinan ' March 5~ 199 , ` I' 1127X/1 0 1 f Y • r 9 , a f f, "r74~;` k ; r 1 1 k ` 1 S r, I DATE; March S, 1991 t i CITY COUNCIL AGWDA ITFM ,,y+ I TO; Mayor and Members of the City Council ; - Y+ ' R M: Lloyd V. Harrell, City Manager SUBJECT: Hold a Public Hearing concerning the proposed sale of the City's commercial solid waste system, proposed closure of the City landfill t within approximately 18 months, and proposed contract for con r 4 structton and use of a transfer station to be built and operated by Waste Management of Texas, Inc. REC.R+EMTI ON t N/A ry, SLWARYo N/A t~j .c BACKGROUND; This item was laced on the agenda at the direction of the City' s Council to receive input from the public. ' PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: a All solid waste customers.. FISCAL 1MPACT: N/A R11 iy su t ed, f ' r` } T i Yre . r City Manager pry` r b ' y` , .II li t op , r s , uper n en en solid Waste Division I 11 4 { A Y Approved y:: 's t 4 age o Director of Community Services t fi;.' IW2/022791096/1 40 1 March 5, 1991 CITY COUNCIL AGENDA ITEM { TOi MAYOR AND MEMBERS Of THE CITY COUNCILC i FROM+ Lloyd Y. Harrell, City Manager ' I r Sale of Commercial Solid Waste Division Rol Solste heitwoa ainCollecti neSystem nand the landfill aret T Scenario 1 `r 1. Sale of the commercial system, rapid fill of the A1 i landfill) close the landfill in 18 months before Subtitle D regulations of the Resource Conservation and L Recovery Act becomes effective provide exclusive 15 !1 year franchise to Waste management of Texas fot disposal of solid wate in Denton via a transfer ? station, and secure a fixed price of $5.20/cubic yard r for all residential solid waste disposal And $6.00/cubic yard for all non-residential solid waste r disposal plus a 104/CY surcharge on the first 3,750,000 ' cubic yards of non-residenticl solid waste. scenarlo 8 2. Denton be awarded the exclusive franchise to serve all t•= t solid wate customers in Denton and Denton continue to 49 operate its landfill, expand the present landfill in 1996 with a 3,5001000 cubic yard pit at an estimated r., cost of $3,500,000 and find a new landfill site west or northwest of Denton and develop a 6,0001000 cubic yard r+', site for an estimated $9,500,000 in 2003. i. a 1 i~ • t f v ~ n' A'~ty s f '31 l t1 i City Council Agenda Item lurch 5, 1991 Sale of Solid Waste System Page 2 .t, The comparative issues of the two scenarios are: , ! Scenario 1 Scenario 8 Landfill Iasues: {r; a) Landfill could be closed a) Denton would continue r { prior to implementation of to operate the landfill RCRA Subtitle D regulation although it is believed estimated to be effective by Denton would not be Summer 1992; may limit subject to most subtitle city's liability for post D regulations on existing closure monitoring from site, the next expansion 30 years with the new regs in 1996 6 new landfill in to 5,years presently. 2003 would be subject to i. all Subtitle D regulations. (SEE Exhibit I regarding subtitle D Regs.) b) This scenario eliminates This scenarios subjects r the need for the extensive the city 5 council to ex- I public hearings i negative tensive public hearings public relations resulting for expanding the present ti, { from the development of landfill and will most additional or new landfills, likely result in aubsts:i'- tial negative public j relations i intense political pressure when Denton attempts to secure. a landfill to the went or northwest of Denton)' however, after expansion of existing landfill which should result in a i lesser degree of opposition, Denton could "41 elect to have the UTRWD r install a new landfill or j Denton could direct haul I to an existing landfill or could at that time install or contract to a install a transfer station. r r y A:: 4 1 f t 1, I . City Council Agenda Item March 5, 1991 Sale of Solid Waste System Page 3 N Scenario 1 Scenario 8 C) With this scenario, the city is somewhat in- Denton would be liable y sulated from responsibil- for any cleanup of ity for hazardous & toxic hazardous or toxic wastes wastes resulting from the placed in the landfill. non-residential solid waste. However, Denton utilizes However, recent court cases a "spotter" at the have found cities are landfill as per state liable for hazardous & toxic regulations, to detect wastes deposited in other any containers or entities landfills. suspicious hazardous waste that is deposited ' in the landfill & this ' substantially reduces but r.° does not eliminate, the risk. Transfer Stationi " a) Denton will have a transfer Not applicables station available in Denton However, if Denton % that can serve the city for desires a transfer 20-30 years. Transfer station in the future, stations are generally much it probably will not more compatible in an urban be able to get as ? area than a landfill & as favorable conditions & such will probably represent terms as the present " a shorter travel distance to Scenario 1. the disposal site than in the case of a landfill, expecially after 2003. Competitiono a) Provides competition in NO COMPETITION commercial haulingi NO Prices set on actual competition in disposal costs. Public scrutiny services but does fix dis- of prices and service as posal costs for 20 yrs compared to neighboring ; at 16/CY (;6.40 for cities provides some com~ let 30750,000 CY-8 yrs) petitive pressures. Pre- with CPI & regulatory sently, there is limited indexes. This compares w/ competition in disposal j Denton's estimated regulatory service since all waste k 1 .k risk prone landfill costs picked up in Denton can ! of :3.45 (1992-96) $4.75/CY be directed to Denton's to 1997-2003 & $6.25/CY by landfill; however, this y 2005. Price of existing has not been totally r DFW landfill rates, which implemented to date, are some of the lowest in ti a~ k t _71 i E City Council Agenda Item March 5, 1991 Sale of Solid Waste System Page 4 J j Scenario 1 Scenario 8 the region, is $2.55/CY. SEE Exhibit II for " Hauling costs from Denton future landfill competl- A { to DFW range from tion. $2.50-$3/CY. Future regional disposal rates for new sites is estimated to be $4-$5/CY t i (Denton's estimated cost of a t ? 2003 landfill is approx. rq: J $5.20/CY.) (SEE Exhibit II for future landfill competi- tion.) Financial Paymentss a) WMT will pay Dentono Not applicable. $1.9M- commercial solid waste x, $1.7M- Consideration of Landfill i reduced rate and transfer station assistance ` $1.5M- from 400/CY surcharge on s ` first 30750,000 CY of sM non-residential waste sr " i Transfer Station s' ? $5.1M Total Rates-Transfer Station vs Landfill Residential Residential f< t $5.20/CY- 20 yrs $3.05/CY 1992-1996 a CPI i Regulatory indexed 3.55 CY 1997 $4.50/CY 1996-2003 $5.25/CY by 2005 onward r j (w/increases for inflation) f Commercial/Other Commerical/Other $6/CY ease $3.45/CY 1992-1996 $ .40/CY Surcharge $4.75/CY 1997-2003 CIP i Regulatory Indexed $6.25/CY by 2005 onward (w/increases for inflation) ~y 4r ' ~?n t J, T1 p, r t I City Council Agenda Item March 5, 1991 Sale of Solid Waste System Page 5 .i y COMPARATIVE FINANCIAL BENEFITS Assuming the same residential rates in both scenarios, i payment of $5.1 million by WMT to Denton, commercial solid waste collection rates increasing at 3.54 per year to 1998 I a ~ 1 and 54/year thereafter, allowing any positive annual cash surpluses be assumed to earn interest of 7.54/years a .r r ,y Scenario 1 Scenario 8 Cumulative net gain with Cumulative net gain with Scenario 1 is $4.11 Million Scenario 8 is $13,16 Y, by 2005. Most of the bone- million by 2005. Benefits ` fits of this scenario are for this scenario do. not ° received in the earlier begin to accrue until years of the analysis 1994. There, are actual ! period. losses of $12 and $36 In fr4x' 1992 and 1993r not counting the effect of the $200,000/year non- cash depreciation,regmt. f d„ that will give the,' { > financial statements the appearance of losing: ' over ;200,000/year for each of these years. By 2005, this scenario is ! generating $1.3 million per year in excess revenues based on the.. assumptions listed above. a Respectfully, Lloyd V. Harrell, City Manager Pr red/Ap ro ed bye T r EXHIBIT Is Topact of Subtitle D ~ ri R.E. Nelson, Executive Director III Competition .`S Department of Utilities/Community Services 4 I F a .k, . kk CITY of DLNTON, TLXA* MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE f817) 586.8200 L OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES g, r'~ r ..E fir: MEMORANDUM ,a 2r i^` , • d `,t r o •r ` t' i C ~ kk pr' TOs R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES r.1' is FROMi Hill Angelo, Director, Community Services f DATE: February 28, 1991 I`' r t° REi Impact of Subtitle D In August 1998, the environmental Protection Agency (EPA) r published proposed criteria for municipal solid waste "i landfills under Subtitle D of the Resource Conservation and Recovery Act. As originally proposed, these regulatiotl ff were aimed at maximizing the protection of groundwater from contamination resulting from decomposing solid waste and to rs' ~f insure that the landfill operators provided financial yt assurance for post closure maintenance and groundwater cleanup should a contamination problem occur. In addition; the Subtitle D regulations required that each state develop r, and implement a "Solid Waste Management Program" consistent with Subtitle D criteria within IS months of the adoption of the regulations. Since the date of its first publication, the proposed Subtitle D regulations have undergone substantial modification as a result of public input. For the most I part, the regulations have been substantially softened and ~E t i provide significantly more flexibility for landfill ( L operatorso Additionally, the regulations were modified to F ' include recycling of solid waste as a major criteria in the state's solid waste program. i F. f* y EXHIBI7" ~ aft 1}ti lk2 r I r „~a, 9 I7EDICATEY'~ TO QVALZTY l3ERVYCE " d~kN` - , , tY .p .i r ~fi 9, mot. i 71 V1- i A ~ ~ I it IMPACT OF SUBTITLE D February 28, 1991 Page 2 Specific criteria contained in the Subtitle D regulations include the followings 1. Landfill Liners ` (In some cases, double liners with leachate collection systems) 2. Groundwater Monitoring Wells 3, Methane Monitoring and Migration Controls r 4. Daily Cover Requirements 5, Final Cover Requirements 6. Hazardous Was d Liquid Restrictions Waste Exclusions an 7, Post Closure Maintenance for Thirty Years 8, Financial Assurance for Cleanup Activities, on September 28, 1990, the Subtitle D regulations were submitted. to the Office of Management and Budget (OMB) for their review and modification. Although OMB had officially 04, 30 days to react to the regulations, they have yet to complete their review. Apparently, OMB has a history of ignoring or delaying deadlines on the review of environmental regulations which creates a greet deal of uncertainty relative to the date these regulations will.be adopted. There are some individuals in the industry who feel that Subtitle D will never make it through the 0149 review 1 and will never be implemented. If Subtitle D does survive OMB and be promulgated into law, ; the effects of the regulations on the Denton landfill will be minimal. Denton's landfill was designed and permitted under the Texas Department of Health Solid Waste Management Regulations enacted in July 1983, which are considered fairly stringent when compared to regulations in other states. As a result, Denton's landfill is considered a the art" facility designed to maximize the "state of protection of groundwater, in essence, the City's landfill currently meets the vast majority of the proposed Subtitle D regulations. The City currently, 1. utilizes a single liner systems 2. Performs groundwater and methane monitoring 3. Provides daily covert 4. Performs final cover activities; 56 Conducts a hazardous waste exclusion and liquids Yr restriction programl 6. Is legally liable for any cleanup activities S' necessitated by the landfill. i •W . t r' .4raktkj;, . b+' eau r IMPACT OF SUBTITLE D February 28, 1991 Page 3 While the costs of Subtitle D will be significant to those landfills in Texas which were permitted prior to July 1983, the costs to the City of Denton are anticipated to result in less than a 201 increase in our present $1 million per year cost of operation for the present permitted landfill. By the time Subtitle D becomes effective, approximately 941 of the landfill will be lined and certified by the Texas Department of Health,(TDH), leaving approximately two acres of surface area subject to the lining requirements of Subtitle D. The cost of this worst-case scenario is projected at $80,000 and can be accomplished within the landfill rate structure provided in the "retain landfill" scenarios. A double liner with a leachate collection system sandwiched between the liners is estimated to cost lose than ` $2/SF more than our present single liner system, and, since we can place approximately 1-2/3 CY over each square foot, this represents an added cost of $1.20/CY above our present 1992 proposed cost of $3.45/CY. This would only be applicable to the proposed 31500,000 CY expansion planned for 1996. Should OMB continue to drag its feet relative to Subtitle D, it is likely that the entire fill area will be lined and ' } certified prior to the regulations' implementation. i Additionally, the requirement for double liners and leachate collection systems is still up in the air at this time and will be left to the discretion of the appropriate state agencies. The TDH has discussed this issue at several conferences across the state and has indicated that they will set criteria based upon geographical location and/or average annual rainfall in specified areas. Given the specific comments made by TDH, it is highly possible that the double liner and leechete collection system requirements ~ may not apply to Denton due to Denton's relative lower E rainfall. Relative to post closure maintenance, the TDH regulations currently require such activity for a minimum of five years after a site closes. There appears to be no hard and fast j rules on the part of TDH on when a landfill is actually 1 released from post closure maintenance. For example, the City's Mosely Road Landfill is in its seventh year of post closure maintenance activity, and we have little evidence that TDH will release us from this activity. Therefore, we can see very little difference in the thirty-year rule proposed in Subtitle D and the minimum of five-year rule we currently function under. T`', T 1 F IMPACT OF8SUBTITLE D February 28, page 4 rovisions of Subtitle in respect to the financial iittlencdifference in the City's p, staff can find very new We feel that responsiblelaforneany groundwater iability exposure under the l A. the City will be e roblem occur regardless of ; leanup should a p Even if the City contamination c uirements. requirements , the regulations and the tgroundwater monitori8ny groundwater is released from iii is probable that ofhe after five years, ewated contamination problem would beaei a scovered result of due to the all Wast s performed in the area testing the groundwater in th aT Treatment plant. Additionally, will need to eventually flows into Pecan CreekehiCityfeQds into the Obviously, th uality in the area ' C21 ity's water supply~he groundwater q quality of closely scrutinize regardless of Subtitle D in order to protect the . its water supply the Wastewater 1 of the landfill to; Riven the proximity roun dwater contamination Treatment plant, the effects of a 9 roblem not be as dramatic as if the landfill were roblem would ontamination LutiOn to t of. a trench on the located elsewhere. heconstruction a c' re would the involve the h ed A few hundred ' down-grad:'')nt Thee groundwater landfill bepip would cap of the groundwater. feet to the Waetewatted,Treatment plant where it would be decontaminated and trea staff does not feel that the effects of In conclusion, as devastating as we have been led e extent, consulting firms and private Subtitle D will be nearly to believe. To a larg ulations as a basis to drum up enerated more concern ' haulers have regulations used the new erhape have g robably no doubt that on additional business anThere is p aids of volume Per than is warranted, a few thousand cubic yards h cost landfills with onlYthey cannot laffo y linedtiendfill, plus the ear activity, a safely cover, permitting and developing to meet the daily cost of operational personnel, but, with Denton e compaction and monitoring required, it is believed that Yards per Year, increase the u will not substantially systSembt of 360,000 360,000 cubic there also is always the unknown D regulations Dentonis costs. however, developeds factor when new regulations are being f i t ; •,w r ,r a "owl I IMPACT OF SUBTITLE U February M 1991 F r' Page 5 tr"i` In late February, the staff met with the consulting firm of a~: HDR Engineering, a leading national solid waste engineering firm with a major office in Dallas, who designed Denton s,. landfill and they also have expressed that Denton's present operated to the N ` landfill is substantially designed and is to isti to z standards proposed in Subtitle D•rosplectiventclientsg to note, that HDR likes to bring p Denton's landfill to show them the proper way a landfill, $y, should look and be operated, r' t } Overall, staff feels that Subtitle D is a necessary and *Ir appropriate set of regulations designed to maximize the r protection of the environment and that compliance should be :V taken seriously. , Respectfully submitted, j Bill Angelo, Di ector. Community Servic rtraent t Approv byi r. a e~ Lloy V. Harrell City Manger Y, gcr t. SUBTITD-015 rx~ s 4 }4yN r ! r F rf I I Ml-LW"k! 6c1 y A. v%U u,V,.11~?~L~ J ■■■■ii[ SENTRY ENVIRONMENTAL, L.P. 5919 sherry Lane suite 1!!00, 1A 169 Dallas, T1 75271 rebruary all, 1993 Vi iar(B1T~~-AlaQ Mr. Lloyd Harrell T'.; , City Managsx City of Denton aH E. Maxinney G , Dsntan, Texas i~tacf Oear Mr. Harrelli Ms have boon recently made were tMIA the City is oontraolatin4 selling its (1) solid waste colleation and ii) solid Waste disposal ations. Santry savironneutal has applied for a sanitary lanOtill permit with the loves Department of Meaith on a ` site apWgimately tan miles south of the city mar %N 3511, It Is anticisoted that the poreit application proaee Mill take from f-li C ' . months to a mpletso j seousing solely on the d~ oomponent of the proposal, sentry feels it is not a names ty t the City choose between the 4 10 year ante Management nt o6nntaact mad expanding the dity's present this with poteatiai state-age-tb•-art x"ional landfilll only 10 miles lrom the Olt So San quaxsht"e utUn oowpetitlva rates. Rathar then 1614 in the City to terms tMt may or may not be advantageous to Dentm residents in tka 2 a term, Sentry r is that the City postpone Consideration of & r waste disposal item on its xarah b agenda to a fttute dates it Thank you for your time and attanti4n to this Matter. f' very truly yours, wit sentry l"imas"tai nor eau the ketuarriblo mayor Memben city Oubll EXHIBIT..... 1 aw' A ny 4,, w~,r ~ M.K. 1 f CITY COUNCIL 7 tin s.F 1 a i p r 1 4 N r b' 0 0 it$ } t i.. { 01.1 - . ..u...i Yi!:L% V DATE: March S, 19991 CITY COUNCIL AW;pA Iml _ ' TO. Mayor and Members of the City Council FRCM: Lloyd V. Harrell, City Manager t , " SUBJECT: Consider adoption of a resolution establishing the intent of the City Council to sell the solid waste commercial service system; to estab- lish a contract with Waste Management of Texas, Inc., to provide for disposal services, and construct and operate a transfer station. kr;i RE(NSF"TION: s, At their meeting of February 18, 1991, the Public Utilities Board ' recommended by a vote of 4 to 1 that the City become the excldsive commercial solid waste service provider. The City. staff recommends sale of the commercial system along with early closure of the rM= landfill and use of a transfer station. 14 ii S1MdARY t ~ > t Waste Management purchases commercial system, assists the City is filling existing trenches at landfill within approximately 19 months + to the City can close the landfill before implementation of ; subtitle D. Waste Management con,etructs and operates a transfer station in or near Denton and the City directs all waste from the ) aA City to the transfer station.. 4 J. l BACKGROUND: R; V T, J The Solid Waste Alternatives Committee studied the role of the. City in providing solid waste services. After public hearing and, the City Council directed the staff to bid the commercial system for the purpose of gathering additional information to assist in deciding upon a course of action. PRAGItAMS. DEPARTI NS OR GROUPS AFFECTED: All solid waste customers. ; ] an R. IWt/022791094/1 ' f A , ~ Coe" ..'a .y . CONSIDER ADOPTION OF RESOLUTION ' March S, 1991 Page 2 i FISCAL IMPACT: $1,9 million for City Commercial System. 1 million to City upon opening of Transfer station. I 175 000 to City per year for four years after opening of transfer I , sAptproxiimately $180,000 per year for approximately 8.3 years or until e2 " the City receives a total of $1,5 million. ' Respec lly submitted, •I Y1 R ~l 3 01 City Manager , Pre red by: j t • r. T.'har es a ns Superintendent Solid Waste Division ;R- jg, M1 Approved by: s ` F : r r~u~ 1 rage •~aw BUT `y Director of Corm ty Services a" r n' ti <1 5 y < fr l` f x C E 1W2/022791094/9 W t~ i 1 3 i RESOLUTION N0. f A RESOLUTION ESTABLISHING THE INTENT OF THE CITY COUNCIL TO SELL THE CITY'S SOLID WASTE COMMERCIAL SERVICE SYSTEM; TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC. TO PROVIDE FOR DISPOSAL SERVICE SAND CONSTRUCT AND OPERATE A TRANSFER STATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, last fall, the City solicited bids for the sale of th:: City's commercial solid waste system and received a bid from Waste Management of Texas, Inc. to purchase the system for one Million { Nine Hundred Thousand Dollars ($1,9000000)1 and WHEREAS, Waste Management has, in addition to this bid, agreed' not to raise rates and to enter into a contract to direct all solid waste to a transfer station to be constructed by Waste Management, in exchange for Three Million Two Hundred Thousand Dollars of One Million ($3 2000000) and tz Dollar@ ($1,000,000) provide to the City additional l reducedilandfill charyest and 1 "s WHEREAS, the sale of the City's system would mean that Denton would no longer have to provide commercial solid waste collection services while allowing customers to choose among the private { collection services operating in the Cityt and Fly 5 WHEREAS, with the funds from the agreements with waste Management of Texas, Inc., the City can address the obligations associated with its landfillt and WHEREAS, by choosing to sell its system, Denton can avoid the uncertain long-term liabilities associated with the implementation of Subtitle D of the Resource Conservation and Recovery Act and can y avoid the uncertainties associated with enforcement activities by the Texas Department of Healtht and WHEREAS, proper operation of a transfer station is safe for the environment and transfer station is more compatible with other land uses than a landfillt and WHEREAS, acceptance of Waste Management's offer will assure long-term access to a disposal facility and allow Denton to assure stable residential solid waste disposal rates for the next 15 yearst NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! SECTION 1, That the city Council finds and determines that it is in the beat interest of the City to sell the Commercial Solid ~Jl ~ T >i 1 Waste System to Waste Management of Texas, Inc. upon such terms and conditions as the parties may agree. S1',~H CTIO It. i. That the City Manager and Executive Director of j Utilities, and the City Attorney are directed to continue working with Waste Management of Texas, inc. to negotiate a contract to r, effectuate the transfer under such terms and conditions as the Council shall approve. That this resolution shall become effective , I. SECTION ~III immediately upon its passage and approval. PASSED AND APPROVED this the day of , 199E It BOB CASTLEBERRY$ MAYOR ATTESTI JENNIFER WAIIPERS, CITY SECRETARY py1 110 BYs APPROVED AS TO LEGAL FORMI ` ' DEBRA A. DRAYOVITCH, CITY ATTORNEY iip II ✓ cH M 4LJ 'A J•l r9 . a t1a ~~CC X I Fle ~ . ~ ~ f II I n Fr'I II I 1 r ' CODE: CA - COMM RETAIN LD - LANDFILL DECREASE FILL LE - LANDFILL EXPANSION 1 CS - COMM SOLD LC - LANDFILL CURRENT FILL LI - LANDFILL INCREASE CAD - C RETAIN DECREAS LA - LANDFILL ACCELERATE FILL DH - DIRECT HAUL CRE - C RETAIN EXCLUSIVI. TS - TIPPING STATION ► COMMERCIAL OPTIONS 1991 1992 1993 1994 1995 1998 1997 1998 1999 2000 2001 2002 2003 2004 2006 ~ r ft rnr. 90EMANO RES RATE 9.96 9.95 9.96 10.15 10.65 11,35 1200 1298 13.86 14.86 15.86 18.25 15.75 17.25 17.66 , 1AAAA C0IIMMTE 11e.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Fir Jv{ ` C"A-T8 ANN 01{l} R (180) ($113) $652 1201 $149 $114 $166 Ib2 1177 8299 8301 $160 *34 $175 171 air INTEREST 0 0 0 28 46 80 78 96 1119 131 189 168 225 263 281 NPV CUMW R (SM ($1171 $371 1101 1165 $1,037 0AW MAN $1.744 11.171 41,641 aim 7,31i Ii.M7 44111 3000 $1.110 LafEE 92 164 185 185 146 102 53 0 Q 0 O 0 0 0 0 ' r NW $1,131 AD TRANS 0 33 0 0 0 0 0 0 0 0 0 0 0 0 0, b y,"yyy AD TRANS L 29 30 0 0 0 0 0 0 0 0 0 0 0 0 0 . 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I 1 i of 1,8. 1},111 11,111 11,111 1116! 1 1 1 1 1 1 I i I 1 1 I I 1 CI took MAI 111111 61,11{ 1 1 1 1 1 1 1 I 1 1 1 1 1 t Cl evil 11,}61 11,111 11141 W110 1 ! 1 1 ! 1 1 I Cl cut. 13,111 fl,II{ 1IL311 NId11 i 1 1 I ! 1 1 1 1 { -t { Cl otln Ll61 I,il{ 1,111 1,101 1 I ! 1 1 1 1 1 1 SILK{ tSl,l61 U11J1 1el,lil 1 1 I 1 1 1 1 1 1 1 1 1 I 1 Tot Ilk Cl 1 Cot. 41 l,1i1,1!{ t,611A11 Idl1,111 1161,}11 1 1 1 1 1 1 I 1 1 1 1 1 ! ""IOU 1 1 1 0 1 I 1 1 1 1 1 ' ctetrect Put 111 tit JII H3 I { 1 I i 1 1 1 1 1 I !Cob hit It is If 13 1 1 { 1 1 1 1 1 - e', I 1 I i 1 I 1 1 1 II Itltt Itn 1 1 1 m 1 111 111 Ill 111 1 0 0 1 1 1 1 I 1 Ilto$f ! 1 1 1 f L161 1 1 I 1 1 1 I 1 1 1 i I IS Coq ►ut ISI t!: tH t I 1 1 f 1 1 1 1 IJ Coq lilt k+ i 1 1 1 1 if 1 1 1 1 t - 6111 11,161 1161 till 11,001 1'. II 11 11 11 10 61 !0 to tl 11 11 N M411 I 1 1 I 1 1 1 I I I I 1 1 r 11 1 1 1 1 fA tf tut lit liU N,W pit 1611 11,101 11 e1 It 11 to l0 11 61 N l0 11 to »r } Blllllttllil if 1 { ; 1 t 1 I I It WWI 1111 Ittl 1101 t10 It to 11 1 1 0 1o1111t+ 11 It 61 It t 1 1 1 1 1 1 1 1 1 1 1 1 to Itltt 161 131 IM III l { { 1 1 1 I j 1 1 1 1 t tl Unlrn 111 141 M lot 1 { 1 I t 11 hnruce 1 II if 1~ 1 1 1 1 1 1 1 1 1 I' 1 1 1 +Y, Illttlel 1 t l 1 4 1 1 1 4 14 Ill lilt l f t 1 I 1 1 I 1 1 1 I 1 1 F if iml trullat It 14 i` 11 1 i 1 F { ! 1 1 1 1 1 1 1 1 1 1114111 tnglal 1 f i 1 I 1 I I to I 1 II lent Pool lilt iI I 1 I I 1 11 1 I I .....I' .....it .....'1 .....to .....II .....`1 .....41 .....1..1 11 1! IP .tl If Oln.llM loleel INI tell ,11111 till ......1 .....11 ....'1 ...•'I z, 1 11 ••t6 F rY, U 111 6Pi1 Ylgtll •••Ilil '••11H (till 111411 ,11,161 I ✓ to {11101 Dell WplU ! 1 a#c,~a' tl MIA uqt( 11 11 11 11 11 N 11 II p 1; of 11 11 I; 1; 14 1F 1 I 1 N 11 ! 1 { ( 1 1 U! tit Ill 611 I 11 11 It 1 1 1 I 1 1 1 I ' r rr ' ^ IS hit Utol% M 1 1 11 Itt! UnVel he ` l ! ! 1 I 1 1 ! 1 1 1 , ' tt lot to loo lrul 1 ! 1 1 ! 1 1 1 i u ill I1 lilt GI 1 1 1 1 0 i I 1 1 1 1 1 1 . 41~Z it . 11 11 11 1! H h! 101 IPtI ill 1fU (IVt I'll (113 ...1H ill III .till ..it , tl ....t1.. ......(1. _ Yr+i urru uun sLLttr roux tout Well 40801, tt l0114OtlVN1I Iit I,itl 1,111 1161 L11! q 11 uurr Miss nu#t tart. little rrtor+ rout ,Ill, little Mist tl lit QII11L011! 1111 (fill 111111 111111 11311 11111 it111 (1111 11411 11 11 11 11 11 11 N II uuu +r+m Horrt runt +otr+r tour uutr uuu +1,100 title 1161 little I 101 +L101 +1.111 +1111 rl~lll +11111 01611 t! LltlftLL Utl I1II 1,111 1.111 1,111 1.411 !.111 LIII 1.111 fk 11 4110f14t Utt 1,11 I'm 1.111 L140 L611 M11 1.411 1,161 !API 1.910 1,01, LI01 1.101 1,101 110! 1.101 14401 It" 1 CM) „~..~..~..~_.~_......-..w 1CIIl,CO1%IN,Of1111 1,161 1.111 7 N", fn 1 11• a it t Wee%Wn&W"nt of Nwth America, kie. 1120 GreN+wAy Drlvt • Irving, Texas 75018 Suits NO.2i VM1771 February 18, 11*1 A F T Mr. Lloyd Harrell ! I' City Manepsir . Denton, 'fX Dear Mr. Lloyd: . Below Is an overview of the meta 001n% of the Waste Management of Taxes, Inc. a a,1 ~vVMT) d/b/a Tom Woo Management proposed oontracts with the City of Denton f o~a Commaroaall Aaoouritr.nd.upphrlno the City we king W" . the W of We L fordisposal oapabillida through the use of a Waste Management Transfer flailon. ' 14 I Cfmsrect No. i • Porches of C1ty'e Itquipment and Commsrotel Awunts Per Bw c WMT wNl rohase the City's existing C minarolal Aooounts and "JOIW4 for 1 .M . I i,90Q,000• I. WMT Will oomrrilt not to ralss commercial rata on Mass oustomere untsl st a minimum, after the explratlon of the unexpired teen of the efdeft City contracts, provided the City agrees to the arms of the Contract bsW# or agrees not to r• nl stoma flow control u to sues dlsposai volume generated WtKn the City. 11. The City WW help in the vwm hr of the existing customer sooo" to the beet i of the City's Wilty. ~^-Ill.0 --TN City 1WN deliver the equipment In good working order. N, The City agrees to a nonoompsts for 6 years from date of oontract signing. Comot NO. Z • Transhr Balton/Long Term Disposal Capshllitfee 1. WMT will make avalleble for dispoul si the discounted rate of 81.26 per gas yard at the City LandV up to 001000 yards of muntdpal solid wets, as needed to AMW City to oomplets the closure 61 Its landfill prior to the Imphmentetlon of r 8ubtlds D of REM Such volume A be *ed over not lea then 18 provided that fog owkv such 18 month perlod, City will direct att I i y,r munloo solid waste generated within Its boundaries to the WMT Trar-.sfsr Mon (upon WMT's recelpt of permits to operate such TrwWor Mon and completion of Its oonstruds6n). ~t. r r .t q.Si-u., t ~ t f ~uuYruu~ CEN`IUL REGION 0!111/11 11:18 4114 S1O 1150 II. der for WMT to supply the city of Denton's long term disposal CapabUiUes, in order or will locate sto Sue land, permit and build a Transfer t3Won within or near wwr the City of Denton. A. The City will require by appropriate ordinance that all solid waste for which the Transfer Station has been permitted and which Is, generated within the city limits, be directed to the Transfer 3tetlon for disposal. WMT will pay to the City, 4"700'000 as ConslderaWn for the Transfer g, Station Contract and to reflect the dlllerer>tlal between the 61.26 peg Yir3'"-' rate tsthe City L"fi I %3.45/ o yard): payment will be currant mads asfollows: t, $1,000,000 upon opening of the Transfer Station. , 2. $176,000 per year on the anniversary data of the opening Of the Transfer ~ Stator in the years 2 through S. C. The City's ourr*M rate at the Transfer Station will be m~ r ur yard resideMfal Volume corieded and hauled by they. is subo to with annual CiM ad)wtments with January, f~ aCdolrANtt for : f annual rate adluetment Transfer site any type of governmental tax or regU*ribY ohrnges onngg A the iCityffaoNIsno OollecTra And volume, abut shall not be esiolsble. WingathecoeA. ir own This ro Is D. WMT wiU pay the City 4 per yard on all gets yards brought to the Transfer Station except for the Clty'A residential volume up to a maximum of 3,760,000 gate Verde or 51,600,000. all WMrs current expectation of the posted g ttm~ for 40 per yard. Mlumes ex.p~t the Clty'e residential volume will approxi $0 apWsj handling will be priced sooordro*. F. The Initial contract term will be for 20 Years with mually agreend5 yW f extension of The City has the right 80 days prior to the lath year of the confract, to wtil the emalning 6 years. i oommhs to assiet WMT M looatlnq on mately 20 Gore ~tiioonn suitable for oormhfmg provided the My is sad red as to approprf814 land use Issues.. Tto City K support WMT during the permding process with the State of Te III, in (soognition of the he time the City f I"ll doses, WmT will gram at DFW a by the time the Landfill a favored ' 2 C 14003/003 CL%nUL REGION o:ne~ol 16:10 Qua eeo ieeo i I nation status to the City a 62.04 Per gate yard upping be (Inclusive of current Me City Collects and haus' er s i TDH Fees) for the residential volume and rate is subject to MendThe ourrent t)FW Landfill gate We is $2.68 nsA Inceow rate Is sub adP ~anjy ssse thwith at theFW t.andfil YAll be required to oftet duo to chongss in governments) regulations or taxes. IV, WMT Is required to exercise its best ability and doa9eg Prato ahem to Permit the Transfer Station. WhUe ~s ns~on ants discount at WMT's favorite „may, the City will continue to enjoy roost" the n6csss DFW landfill. in the event the Transfer for fttlon ~ e~ in not the following manner permits, WMT Wil oompen"te the City A WMT,vGl trnotify anater suon am W 1~uW The pi0~ts rats Ineftec~ dr!ictibed of at WMT~s DPW LandflA will tsrmkvde for the 00 days City's volumes and be replaced by the S& Per yard discount followina such below. S. The CRY Will recelw a 66. per Gate yob "Count off of tfte DFW Lar49 dMferer►dsl w~ Kty , gste rate at that data W111 ~ ~ resldsMial volume in eirect for up to 112T21800 gab ya fi~~ #q~ to a $?W.0W d*MW hauled and ocliected by the M. savings for the City. the Gty and through savings in disposal cosh, in eosin , WMT is proposing to PRY broken out as follows: $8,100,1 dollars, over the next Ma ew, M of equipment and oomm$rdal sooounts Par bid. $1,904,000 for the purcha $i ,700,00o toe Transfer Sti ion Contrad described above. 5116000000 to "$lot in eery olosure of City (A Denton $1,000,004 Transfer samosd UNNS In OP fees vWmaW pa°#"eerrat $6 o w s$6. $6.20) 'and 80,000 annual residential gets yard), f ' Total Fstknsted Cuisiderstion to the City of COMM SinceMy, Chad" F, 'Mickssr Flood Vice President & Region Manager 3 I DATE: March 5, 19911 ~J CITY COUNCIL NEMA ITBS ~•/T •O~, TO; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager of a solid we sere det SUBIECT: CitylofrDentonishall berthelexclusive prov der oferminin vices in the City effective October 1, 1941. 1 REOQ` s ' of 18 1991 the ity Fbecome the c elusive olidl waste Utilities service provider by Atnciedtheir thatethtin e g C a vote of 4 to 1. su,VARY: and expense projections indicate this would be the most econom- Revenue ically advantageous option of all those reviewed. BACKGROUND: The Solid Waste Alternatives Committee studied the role of the City in ; providing solid waste services. After public hearing and consideration, the City Council directed the staff to bid the commercial System fur the purpose of gathering additional information to assist in deciding upon a course of action. w~` PIbDGR*20 DEPARTI4EN'TS OR GROUPS AFFECTED: All solid waste customers. 7, FIB : Could generate cumulative revenue through the year 2005 in excess of " $13 million using residential rates which escalate to $17.65 per month by t: 20PS. 4Resqpecc y submitted , /l V ea44 arre er are kf' of A t I ar es ens, Super nten ent Solid Waste Division Approved by:~ 0 Direct r of community Services lW2/022791095/1 • a ~ I + RESOLUTION NO. A RESOLUTION FINDING AND DETERMINING THAT THE CITY OF DENTON SHALL BEME EFFECTIVEEOCTOBER IIt 1991;DAND DECLARING AN EFFECTIVE DATE.E CITY WHEREAS, the Solid Waste Advisory Committee having recommended to the city council that the City of Denton become the exclusive provider of solid waste collection service in the corporate limits of the City; and WHEREAS, revenue and expense projections indicate that for the City to become the sole provider would be the most economically ad- vantageous option for the City; and s' WHEREAS, this option assures a continued commercial customer base and allows the City to continue to provide disposal services; and : . WHEREAS, becoming the exclusive provider would allow the City$ to maintain control of both residential and commercial rates; NOW, I THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVERS 64' + ,CTION i. That the City Council hereby finds and determines that it is in the best interest of the City of Denton for the City of Denton to be the exclusive provider of Solid Waste Service in the City, effective October 1, 1991. LION II. That the City Manager, the Executive Director of Utilities and this t necessary action to effectuate this determination directed to take the Attorney are hereby UCTION_III. That this resolution shall become effective im- mediately upon its passage and approval. + PASSED AND APPROVED this the day of 1991. BOB CASTLEBERRY, MAYOR r _,q "wool c 1s+^ r. I rf' ry ~l ATTESTS JENNIFER WALTERSo CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: fiS it v f ~ FF1 . IYt i '+4 s" I -1 I + Yi a;; I r7 owl. f RES RATE & CUM REVENUE GIL COMM RETAIN EXCLU - LF INCREASE - LF EXPAND 15 20 P 0 15 ac RES RATE W i to ~r 10 5 - - l a_.-f CHUM GAIN/LOSS Q -5 Q f I loot 102 leas law im lane IM IN@ IM 2000 2006 2002 m 2m m r CRE-L1-LE ^4 F SCENARIO 8 IV I 1 1 T rr M oil" E 1 t 1 1 " e I CODE: CR -COW RETAIN LD - LANDFILL DECREASE FILL LE - LANDFILL EXPAN61ON ! C8-Comm a" LC- LANDFILL CUMB/TFILL LI - LANDFILLINCREASE T CAD-C WAIN DECREAN LA- LANDFILL ACCELERATE FILL DH-DMECT HAUL CAE - C RETAIN VICLUMVE COMMERCIAL OPTIONS x 17 1 1 1801 1102 IOW 1004 1"$ 1000 1107 1001 Ind 1000 1001 1002 100! 1004 1005 SCENA1110 8 RE8 RATE 9" 196 0IS 10 11 106S Otis 1100 12 05 1315 14.05 1610 161s 1176 1716 17 COMM RATE 116.66 17,03 100.45 107" 107.00, 111.17 115.11 121.07 127.06 111.44 140.11 14711 $64,47 112.10 110.30 CAE-1.14E ANNOIII) R Il 112) 120) 130 724 405 2" A" 174 111 1,114 1,300 1,484 1,217 IAA N" INTEIIEST 0 1 0 0 1 33 M 06 13, 100 212 360 117 Ns 81l (2000 1.827 CUM W4 R It 1 121) 101 440 931 1,274 1,131 2.850 2,761 607 6,107 8,171 10,141 17,1611 12005 4,447 w rte 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11AD TRANS C 07 N 101 108 117 120 111 177 146 166 1" 11'6 III "1 114 AD TRANS L h 30 32 34 30 st 40 17 40 40 0t N : it u N nr ' 1 .row. 1 ~ r- k I~ ....~.--~--WfMiiiiW'b/MII~W►IYIMYw'urrr... ~'v'~.. r' . 1 4 0" ~ 1 tid:y li All s~ own } 1J5141A1114 .+1111 IMSIL 111Y111MIM ' IIA IV, YW It IT 111 14 72:►1. EE 1 INA) IT CIE-l7-11 KIM ACTUAL II rl It if IT it IT r1 it it 00! .Nt }601 1601 !wS i .IM 1110 IM1 1112 1903 294 INS 111! 1111 IMI 5111 no klMrll I IIOSAI9091011CVSSOEI! I..... . 11S5,M1 A 11 114,.10 111... 111,161 111,121 111,111 10,160 111,111 20,111 115,111 .If,Nt 111,315 82,113 !11,01 123,117 tJ1,K1 I 1 J T 16, 181 29dss 0,111 tl,Rl 12,151 11.135 MiAs en Minis ?kill 7 j nI i1 SAO Ill 111'10 IN, 41 IN AS 11.15 12.11 t talc rude Cellectit 1 .11 I its Ct131 tde l hsl 1.51 1.45 1.4% 1.41 1,45 1.1 I LA! 1 1 its 119 Till 1 Ccul 1.01 8.11 1.15 4.4S 1.15 14,1 11.15 121!1 1210 lids 15.15 1 4.K ISIS 16.25 16.15 64 12 11,21+ . S Nlldenlil ILSII II,f11 II,1S1 (ld/l 11,171 11,,!11 12,.60 12,342 11,51, SL111 12,95 I3,17f il,f 12,111 0,11; It1ENUtS 1 1 1 y 0 I 1 1 I I t 1 I 0 I I { { I 0 I I I 1 1 I I 1 A Its 506:11101,11 1 1 1 1 1 I I { 1 t S.N; Il 711 111111!I (1,151 11,110 12,712 t},Sri 12,11! 0,111 13,124 It I N 111 64 IE1 / B INIOIAI CYSI IEY 11.514 11,60 11,151 11-764 M u S1 60 Sf iZ It I! 18 ,F':: AS it 11 41 11 S! It 264 314 601 311 152 3A i!1 631 SIS 611 ASS Alt I$ Sale at hhss Ills I 0 it taim. Nov. I 1 11 121 26 Ell 131 103 1341 It' 111 2SS 121 111 II; 1111 k01 It Undhll ler. I 1 E I I I ry i IS 12 a 10191 I[SK 1!,601 II,HI 11,111 1!,161 12.41[ 17,75 p,SSI ,111 12.121 111111 Wise, 13.191 N 14.174 11,135 Mats y lfl Miss IS 1111011 5601 1751 IM Sit6 1111 (11 1141 7129 11111 11701 1111lit IL 4 tl,`=~ II,N1 1341 IS,uS lI;;S II,S11 7 ill 7 114 141 701 t it 771 211 741 710 all 11 Suoolin 731 Ifl !29 t!I Sit 1 aall ll n"I ill It 11 11 Services III 129 151 201 Ili 1 7!t 713 171 7SS } I 0 I 1 t 2f 11 011440 All It Ill 107 110 17 { lIS 141 201 ZA TL 26 11 it 11 14 0 1 1 I 4 I 1 All I f 1 1 T t 1 1 1 111 215 296 701 121 133 46 660 174 311 405 IZI 31 I4 d It it: 1}I 747 241 1$1 760 !i Mile 1r+nsfus 60 1 0 I 1 I 11! 522 Sll I { 11 O SI S! SA $I 71 N it H it 11 1 a ]I1 ID6 Ill 131 16 11 13 LA CC Il Z 111 210 216 249 ZS 1 { 1 1 1 1 1AA ~ it LAW h1ll I it ISI ' ADdtlMl 31 . . 2S f01A1 EXPENSES 11.694 11,117 11,161 $1.111 12.011 111101 12,194 11 ,211 411135 17,627 11,111 $2,160 01.96 12JIS MSS 11.11S 11475 26 Ott Of OPEAAMIS 141 111121 121 tl 11221 1156 1111 1415 1211 1411 1644 113t 11.114 11,38 11,10 11,311 11,531 } 71 x1164 Assets of W Ili 021 11 12~ In 121 121 120 121 111 124 121 124 121 124 CAP INO wN OIEI [latest I I I 1 1 21 Debt Slrrtel I I I I 1 I 1 1 1 1 1 1 t 0 1 1 0 29 NAtr 1111911 I ( I 1 1 a f 1 ( 1 IS I t 3 1 E I 1 1 f t 1 1 1 1 0 I I I 1 i O lit to IA1 lilts 1 s 0 I I I I I I 1 71 tncr to lorliflnlpl 0 11 0 0 I I 1 4 1 10 112 111 121 It t2 121 160 176 ifl 126 UI 121 .229 .111 129 1.. r nt'. 33 101 IN 0111 d . III 17 l Julie !f III M 1160 00 EII II ,Ali 11,105 11,05 11,111 S 441 81, 1!,714 12,381 11,19 12,911 12,142 11,01 17,40 ,!11 17.!15 U Nt 17,1!1 A'sm 411.X. tutu 11:121 nun 9t2211 ul11 tl !will lulls 2:3119 MM little allies titles : altos little 4141x6 +,5tlrst U t[1 tA1NlIlKll 18 151212 112 It171 11291 1139 1211 2916 {241 NN 014 0It 11,604 II,IN 12.461 11..` nuu 011.1. .4141. 241:0 Will outs 41141' 10:13 X:00 uu 241!1! tittle tt 212. ~us1'1 a 111 3al111 6i111~ , N EN Me tit GINHSKJI lit 11 1181 11 1111 590 1014 13,121 12,10 K,t6l IS,211 64,01 11,18 111.641 111,1!7 11," K I4II11S1 AT 1 6.101 1 1 1 n 1.171 1.1611 1.104 1.4 1.441 1.511 4.131 Skill Zlit IN &.134 1. In 1. 111 7,01 1.371 0 WENT C0 U Ill Ifll Lo 111!2 M[SE11 4Atllt 11100 17,03 it III "(1191 I111.01 N tNS 14,111 t a' . ,1 a 5 t 4.rI i .i , J IOMI[A(IAl IOM YoSI[ "O1poMA • III1W M 1{1 ~ , 15:11;01 I I I less) (11,13.11 ACIWI ACIWK IF It fl I3 fi fI i1 if f1 St fl it it It It kln6r101 I"I I»1 1991 393 1111 ON Itts 19% 1991 1991 1911 ills »Oi NOt "Is 2104 2003 I }Ohl aAOAt {Dl10Nf" 11.111 13 "t !1.I» 0.211 3}.111 12.311 11,131 23,01 21,176 21,611 25,312 ri,1N 61.111 2).161 21,012 21,115 19,a f a Colic falls collected 111,291 111,211 111.116 210,251 261,111 him: hJ,711 211,111 211,111 211,111 295,111 Jet. N1 311,311 311,611 121,111 136,121 34S,1" } ! in true tee 1 test Il.11 IRIS 11,1! 11.11 12.62 11.61 11,11 11,61 11.11 11.61 11.61 SLID lt.fi II,II 11.11 1141 II.U 4 Nit lilt I test "Jil 101.0 115.55 11.13 100.65 103." lam 111,11 111.22 111,61 IN-11 111.14 141-11 141.0 154.41 142.11 III.JO c 1 1 1 I 1 1 1 1 1 I I 1 1 1 1 0 1 1 i 1 1 1 1 4 1 1 1 1 D 1 1 ! 1 1 1 1 1 , urtAUls I (""Islas fen 11,313 Wife 111,06 12,164 12,171 12,111 12,461 02,414 12,171 12,"1 12,219 ",k1 13,711 ",116 14,131 11,111 15.135 I A 1 1 f 1 1 1 1 1 1 1 1 1 1 1 I 1 ' I 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 r , 10 1 1 1 1 1 4 4 1 1 1 1 1 I 1 1 I ..1 t II SNID7At • CWI A£d II,IIS 12,11{ !1.170 11,161 17.155 U,a 01 .40 12.616 0'"S 12.911 1J,219 11,111 ",2111 KIN KID 14,111 15,111 ~1 II ,Hr 11 ticlrse rn 1 36 It 41 41 49 if I I 1 1 1 t 1 1 1 1 Is 0 I 1 / 1 1 1 1 4 1 1 1 1 1 1 1 1 II 1 1 1 f 1 1 1 4 1 I 1 1 4 1 1 1 + IS IIIAL I[9t11WI 1,313 11,02 11,511 12,211 12.101 02,191 12,411 Imill 12,734 12,101 13•211 13,161 03,131 11,124 11,1Jf 14,614 i5,"s EIP"OIIUAEI ~ 1: IIIIIre1J 1111 1376 1411 1701 0517 1572 oils 1661 INI 114s 1121 ties 1953 11,121 11,103 11,10 11,211 11 Srl/lSn 11 $I It » 1J it If IF It Its 106 111 111 lit 111 111 11 AliAlmoce ITS III 01 ire 111 Its 104 2" 211 t76 215 »6 33 !61 361 "f iii If Serricle I» 61 Ili 119 let I" Its 111 lot 211 234 251 271 392 114 21 t"ser"nce 21 0 231 If 22 IS 31 164 !6 N it senOn 19 13 114 11 10 41 11 1 1 1 1 1 1 1 f 1 1 1 1 1 1 1 0 1 0 0 21 lad Gets { 1 1 1 I 1 I ! 1 9 41 SI if II to It 11 Is Adel hafllrl 64 41 71 61 11 lot 106; tit 171 171 Ili 116 ISs Ids 116 111 201 214 24 An1A InAeltro tt 1 1 1 1 I 11 1 1 1 1 f 1 6 1 1 1 1 15 cordhil ttnnsl 130 W 146 Ili 191 US 117 IJI 191 I'll? 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Of t.JSI 3.14 31114 3.60 1.450 LW 3.451 1.450 4.151 CIS# I151 4.130 4.131 1,70 4.151 514 Cast I J5, M orf ll DATE: March 5, 1991 CITY COUNCIL AGFlM rrM 9•/T. TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a Public Hearing concerning the proposed sale of the City's commercial solid waste system, proposed closure of the City landfill 4'. within approximately 18 months, and proposed contract for con 3 y struction and use of a transfer station to be built and operated by Waste Management of Texas, Inc. RECa4MATION: N/A SIbMARY• N/A BACKGROUND: t, This item was placed on the agenda at the direction of the City Council to receive input from the public. PROGQAMS, DEPARTMENTS OR GR4UPS AFFECTED: All solid waste customers. ~t r FISCAL IMPACT: Y; N/A r r f E' Respec ly su t ed,~ rre City Manager red b 1 ~ 1 MIN S. MKIM, er nten ent Solid Waste Division a,. Appro ved y: Director of Community Services j. 1W2/022791096/1 i mom } March 5, 1991 4q', r 10, CITY COUNCIL AGENDA ITE14 f AI Y TO: MAYOR AND MEMBERS OF THE CITY COUNCILC yR 7 FROM: Lloyd V. Harrell, City Manager a Re: Sale of Commercial Solid Waste Division The two main options being considered with regard to the Solid Waste Collection System and the landfill are: Scenario 1 1. Sale of the commercial system, rapid fill of the landfill; close the landfill in 18 months before a Subtitle D regulations of the Resource Conservation and t Recovery Act becomes effective; provide exclusive 15 year franchise to Waste management of Texas for ! disposal of solid Ovate in Denton via a transfer ' station, and secure a fixed price of =5.20/cubic yard for all residential solid waste disposal and ;6.00/cubic yard for all non-residential solid waste disposal plus a 400/CY surcharge on the first 30950,000 t R" cubic yards of non-residential solid waste. s Scenario 8 2. Denton be awarded the exclusive franchise to serve all solid wate customers in Denton and Denton continue to operate its landfill, expand the present landfill in 1996 with a 3,5001000 cubic yard pit at an estimated I cost of $3,500,000 and find a new landfill site west or 1 northwest of Denton and develop a 6,000,000 cubic yard site for an estimated ;9,500,000 in 2003. ' NA I S a All t ,y • tkV:Ywy w7 a _ 1 i i City Council Agenda Item March 5, 1991 Page 2 Sale of Solid Waste System i The comparative issues of the two scenarios stet Scenario 1 scenario 9 Landfill Issues: ' a) Landfill could be closed a) Denton would continue prior to implementation of to operate the landfill RCRA Subtitle D regulation although it is believed estimated to be effective by Denton would not be Summer 1992 may limit subject to most subtitle 4i city's liability for post D regulations on existing closure monitoring from site$ the next expansion ; 30 years with the new rags in 1996 a be subject landfill In to 5 years presently. 2003 " all Subtitle D regulations. (SEE Exhibit: I regarding Subtitle D Rags.) b) This scenario eliminates This scenarios subjects c the need for the extensive the city 6 council to ex- public hearings i negative tensive public hearings public relations resulting for expanding the present from the development of landfill and will most additional or new landfills. likely result in substan- tial negative public relations i intense political pressure when Denton attempts to secure a landfill to the west or northwest of Denton) however, after expansion of existing landfill which should result in a leaser degree of opposition, Denton could elect to have the UTRWD install a now landfill or Denton could direct haul to an existing landfill or could at that time install or contract to ,.k install a transfer station. 4, ,=t Yar var.axe 1 ` I City Council Agenda Item March 5, 1991 Sale of Solid Waste System Page 3 Scenario 1 Scenario 8 c) With this scenario, the city is somewhat in- Denton would be liable sulated from responsibil- for any cleanup of ity for hazardous & toxic hazardous or toxic wastes wastes resulting from the placed in the landfill. non-residential solid waste. However, Denton utilizes However, recent court cases a "spotter" at the have found cities are landfill as per state liable for hazardous & toxic regulations, to detect wastes deposited in other any containers or entities landfills, wastecthat is deposited in the landfill & this substantially reduces but does not eliminate, the risk. { Transfer Stations a) Denton will have a transfer Not applicable. station available in Denton However, if Denton that can serve the city for desires a transfer + ,4. 20-30 years. Transfer station in the future, stations are generally much it probably will not more compatible in an urban be able to got as area than a landfill & as favorable conditions i such will probably represent terms as the present a shorter travel distance to Scenario 1. the disposal site than in the case of a landfill, ! expecially after 2003. Competitions a) Provides competition in NO COMPETITION commercial haulinaf NO Prices set on actual competition in disposal costs. Public scrutiny services but does fix dis- of prices and service as posal costs for 20 yrs compared to neighboring at $6/CY ($6.40 for cities provides some com- let 31750,000 CY-8 yrs) petitive pressures. Pre- with CPI & regulatory sently, there is limited F indexes. This compares w/ competition in disposal Denton's estimated regulatory service since all waste risk prone landfill costs picked up in Denton can of $3.45 (1992-96) $4.75/CY be directed to Denton's to 1997-2003 & $6.25/CY by landfilll however, this 2005. Price of existing has not been totally DPW landfill rates, which implemented to data. s' are some of the lowest in fir( _ 5 ~I f I 1 i City Council Agenda Item March 5, 1991 page 4 r, Sale of Solid Waste system Scenario 1 Scenario 8 y r. the region, is $2.55/CY. SEE Exhibit II for Hauling costs from Denton future landfill competi- to DFW range from tion. i $2.50-$3/CY. Future regional E disposal rates for new sites A is estimated to be $4-$5/CY (Denton's estimated cost of a 2003 landfill is approx. Y $5.20/CY.) (SEE Exhibit II landfill Competi- for future tion,) • r~"s 4 0 , Financial Payments: Not applicable. a} WMT will pay Denton Y $1,gM- commercial Solid Waste $1,7M- Consideration of Landfill reduced rate and transfer ,wc station assistance ~F from 40;/CY surcharge on i first 3,750,000 CY of non-residential waste I 6 Transfer Station i k $5.1M Total Rates-Transfer Station vs Landfill ;gym ~ en tiel Residential Resid _ sc ;5.20/CY- 20 yrs $3.05/CY 1992-1996 ~ CPI S Regulatory indexed $3.55/CY 1997 $4.50/CY 1998-2003 $5.25/CY by 2005 onward (w/increases for inflation) Commercial/Other Commerical/Other $6/CY Base $3.45/CY 1992-1996 _ .40/CY Surcharge $4.75/CY 1997-1003 CiP 4 Regulatory Indexed $6.25/CY by 2005 onward t (w/increases for inflation) :,tik4a i R T tspa.'w~ f City Council Agenda Item March 5, 1991 E k' Sale of Solid Waste System Page 5 COMPARATIVE FINANCIAL BENEFITS: Assuming the same residential rates in both scenarios, payment of $5.1 million by WMT to Denton, commercial solid s'! waste collection rates increasing at 3.5t per year to 3998 and 51/year thereafter, allowing any positive annual cash surpluses be assumed to earn interest of 7.5t/years Scenario 1 Scenario 8 Cumulative net gain with Cumulative net gain with Scenario 1 is $4,11 Million Scenario 8 is $13.16 by 2005, Most of the bane- million by 2005. Benefits r fits of this scenario are for this scenario do not 9 received in the earlier begin to accrue until years of the analysis 1994. There are actual period. losses of $12 and $36•1n 1992 and 1993# not counting the effect of the =200,000/ydar non- M ' ` cash depreciation regmt. that will give the financial statements the appearance of losing over ;200,000/year for Y' each of these years. By 2005, this scenario it . generating $1.5 million per year in excess revenues based on the assumptions listed above. a . y Respectfully, Lloyd V. H►rrell, City Manager Pr red/Ap ro ad by: E%HIBIT Is Impact of 5ubtitie D I'' R.E. Nelsons Executive Director III Competition Department of Utilities/Community Services r. r 4 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 ! TELEPHONE (817) 568-8200 OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES MEMORANDUM J ; 1' it f IY 'J TOI R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES FROM. Bill Angelo, Director, Community Services ,F DATES February 28, 1991 -------Impact-of-Subtitle-D----------------------- RE s In August 19981 the environmental Protection Agency (EPA) I ? a1, published proposed criteria for municipal solid waste landfills under Subtitle D of the Resource Conservation and rk Recovery Act. As originally proposed, these regulations were aimed at maximizing the protection of groundwater from , contamination resulting from decomposing solid waste and to a, insure that the landfill operators provided financial assurance for post closure maintenance and groundwater cleanup should a contamination problem occur. In addition, the Subtitle D regulations required that each state develop and implement a "Solid Waste Management Program" consistent with Subtitle D criteria within 18 months of the adoption of the regulations. Since the date of its first publication, the proposed Subtitle D regulations have undergone substantial modification as a result of public input. For the most part, the regulations have been substantially softened and provide significantly more flexibility for landfill operators. Additionally, the regulations were modified to criteria !n the include recycling of solid waste as a major state's solid waste program. "4" ! EXHIBIT., DffiDS C... . f ,a. wl I I IMPACT OF SUBTITLE D February 28, 1991 Page 2 ' i Specific criteria contained in the Subtitle D regulations include the following: 1. Landfill Liners (In some cases, double liners with leachate p, collection systems)' 2. Groundwater Monitoring Wells 3. Methane Monitoring and Migration Controls 4. Daily Cover Requirements 5. Final Cover Requirements ; 6. Hazardous Waste Exclusions and Liquid Restrictions 7. Post Closure Maintenance for Thirty Years 8. Financial Assurance for Cleanup Activities On September 28, 1990? the Subtitle D regulations were submitted to the Office of Management and Budget (OMB) for their review and modification. Although OMB had officially 30 days to react to the regulations, they have yet to complete their review. Apparently, OMB has a history of e j ignoring or delaying deadlines on the review of environmental regulations which creates a great deal of uncertainty relative to the date these regulations will be s adopted. There are some individuals in the industry who feel that Subtitle D will. never make it through the OMB review and will never be implemented. If Subtitle D does survive OMB and be promulgated into law, the effects of the regulations on the Denton landfill will be minimal. Denton's landfill was designed and permitted under the Texas Department of Health Solid waste Management Regulations enacted in July 1983, which are considered fairly stringent when compared to regulations in other 1 states. As a result, Denton's landfill is considered a "state of the art" facility designed to maximize the f !k protection of groundwater. In essence, the City's landfill currently meets the vast majority of the proposed Subtitle D regulations. The City currently, 1. Utilizes a single liner systems k 2. Performs groundwater and methane monitoring) 3. Provides daily covers 4. Performs final cover activities 5. Conducts a hazardous waste exclusion and liquids restriction programs 6. Is legally liable for any cleanup activities necessitated by the landfill. fr ~ t ' i .s+,roNL2 . I I f 1 IMPACT OF SUBTITLE D February 28, 1991 Page 3 While the costs of Subtitle D will be significant to those landfills in Texas which were permitted prior to July 1983, the costs to the City of Denton are anticipated to result in less than a 20% increase in our present $1 million per year cost of operation for the present permitted landfill. By the time Subtitle D becomes effective, approximately 94% of ' the landfill will be lined and certified by the Texas Department of Health (TDH), leaving approximately two acres of surface area subject to the lining requirements of Subtitle D. The cost of this worst-case scenario is projected at $80,000 and can be accomplished within the landfill rate structure provided in the "retain landfill" r scenarios. A double liner with a leachate collection syrtAm sandwiched between the liners is estimated to cost less than S2/SF more than our present single liner system, and, since % we can place approximately 1-2/3 CY over each square foot, this represents an added cost of =1.20/CY above our present 1992 proposed cost of $3ro95/CY. This would only be applicable to the proposed 3,500,000 CY expansion planned for 1996. Should OMB continue to drag its feet relative to Subtitle D, it is likely that the entire fill area will be lined and certified prior to the regulations' implementation. Additionally, the requirement for double liners and leachate collection systems is still up in the air at this time and will be left to the discretion of the appropriate state agencies. The TDH has discussed this issue at several conferences across the state and has indicated that they will set criteria based upon geographical location and/or average annual rainfall in specified areas. Given the specific comments made by TDH, it is highly possible that the double liner and leachate collection system requirements may not apply to Denton due to Denton's relative lower rainfall. I Relative to post closure maintenance, the TDH regulations currently require such activity for a minimum of five years after a site closes. There appears to be no hard and fast j rules on the part of TDH on when a landfill is actually released from post closure maintenance. For example, the City's Mosely Road Landfill is in its seventh year of post closure maintenance activity, and we have little evidence that TDH will release us from this activity. Therefore, we can see very little difference in the thirty-year rule proposed in Subtitle D and the minimum of five-year rule we currently function under. I 1 6 I 'iCce. IItiRMar~ I t { IMPACT OF SUBTITLE D February 28, 1991 I Page 4 In respect to the financial assurance provisions of Subtitle D, staff can find very little difference in the City's liability exposure under the new regulations. We feel that the City will be held responsible for any groundwater ` contamination cleanup should a problem occur regardless of the regulations and the time requirements. Even If the City , Is released from its groundwater monitoring requirements after five years, it is probable that any groundwater contamination problem would be discovered due to all of the testing performed in the area as a result of the Wastewater Treatment Plant. Additionally, the groundwater in this area eventually flows into Pecan Creek which foods into the City's water supply. Obviously, the City will need to closely scrutinize the groundwater quality in the area regardless of Subtitle D in order to protect the quality of its water supply. Given the proximity of the landfill to the Wastewater Treatment Plant, the effects of a groundwater contamination problem would not be as dramatic as if the landfill were located elsewhere. The solution to a contamination problem would involve the construction of a trench on the down-gradient side of the landfill which would capture the groundwater. The groundwater would be piped a few hundred feet to the Wastewater Treatment Plant where it would be decontaminated and treated. In conclusion, staff does not feel that the effects of Subtitle D will be nearly as devastating as we have bemn led to believe. To a large extent, consulting firms and private haulers have used the new regulations as a basis to drum up ij, I additional business and perhaps have generated more concern l than is warranted. There is probably no doubt that on landfills with only a few thousand cubic yards of volume pelr year Activity, they cannot afford tto high cost of permitting and developing a safely lined landfill, plus the cost of operational personnel, to meet the daily cover, j compaction and monitoring required, but, with Denton's 1 aystam of 3600000 cubic yards per year, It is believed that tLa Subtitile D regulations will not substantially increase { Denton's costs. However, there also is always the unknown factor when new regulations are being developed. ' I ! IMPACT OF SUBTITLE D February 28, 1991 Page 5 In late February, the staff met with the consulting firm of HDR Engineering, a leading national solid waste engineering -i' firm with a mayor office in Dallas, who designed Denton's landfill and they also have expressed that Denton's present . landfill Is substantially designed and is operated to the ? standards proposed In Subtitle D. It is interesting to j note, that HDR likes to bring prospective clients` to Denton's landfill to show them the proper way a landfill ► should look and be operated. Overall, staff feels that Subtitle D is a necessary and appropriate set of regulations designed to maximize the1 protection of the environment and that compliance should be tr, taken seriously. x 1 ~ { V; Respectfully submitted, r. i Sill Angelo, Di actor Community Servic rtment 4Approv bys A6 arrell t` City Manger jl gcrY ` SUBTITD,Q15 4 ~ ! + Yi ! .R " 1 .N Maw I I + 12 1 (,I'11 11 f3fi9_ I nJ. A1C I N K (1111' 11 TX2: 01 1 SENTRY ENVMNMENTAL, L.P. $919 sherry lane suite lsoo, to 163 ! Dallas, ru 792=t rebruary is, lots i i5t~1>~ax tal7f ass-rime tlr. Lloyd Harrell , Clty Of ON 216 Be xvxinnsy canters. Teas 76101 Door Mr. Harrella We have bass x+eoently Made avers that the city, is cunt lating selling its (i) solid vasta collection rant dis al and ii) solid os orLationa. iaatry Mvirorriental has spo led ter a sanitary l Tandfill perait with tan Texas pertaant of 110410111 en a sits approximately tap miles south of the 1ity ,acme to 31t1, 2t is anticipated that the parait application process will tatty from 9-31 months to completer . I r ftoasing solely on the caorponatat of the pps+opo~al, sentry reels it is not a Weer ty thAt the city Choose bo: wesn the 10 year lrasta 1?saagaaent contract and expandlrq the Clt as ladfill at this t lain ire, With a Y prime dfill only to 94105 trea the ~ytti~ taterot•tbe_art L~s~ aos~potitive rates. ltatiwr " leek an guarataeae tutwm say or any not be advan in a city to tern tmt tarn beat tagoous to Denton residents in the 1 • wants dispoYra_ ttestoamast tfhe 1::1ty MtpM$ Consldention or t w peach to a facture date. Thank you for YOU time apd attention to this patter. Very truly Yours, sy1 sontry spviraorimaatal r Will The Honorable xsYo ir i City 0y Nomben a EXHIBIT.. ;%r 1 DATE: March 5, 1991 CITY COUNCIL [ - I I TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBTKI: Consider adoption of a resolution establishing the intent of the City Council to sell the solid waste commercial service system; to estab- lish a contract with Waste Management of Texas, Inc,, to provide for ' u disposal services, and construct and operate a transfer station, RECOVENDATICN: w a + ~ At their meting of February 18, 1441, the Public Utilities Board.., recommended by a vote of 4 to 1 that the City become the exclusive commercial solid waste service provider. The City staff recommends sale of the commercial system along with early closure of the landfill and use of a transfer station, S H4ARY: 111 Waste Management purchases commercial system, assists the City Is F, filling existing trenches at landfill within approximately 19 months = so the City can close the landfill before impler ntation of subtitle D. Waste Management constructs and operates a'•transfer- station in or near Denton and the City directs all waste from the, City to the transfer station. r 4 BACKGROUND: The Solid Waste Alternatives Crnamittee studied the role of the City in providing solid waste services. After public hearing and I consideration, the City Council directed the staff to bid the i commercial system for the purrose of gathering additional information to assist in deciding upon a course of action, PRCGUH., DEPARTMENTS OR GROUPS AFFECTED: All solid waste customers. p I r ~ btA: 1W2/022791D94/1 a c CONSIDER ADOPTION OF RESOLMON March 5, 1991 Page FISCAL IMPACT: fa'Y.' t $1.9 million for City Coanercial System. $1 million to City upon opening of Transfer station. $1759000 to City per year for four years after opening of transfer ~jj station. E s? Approximately $180,000 per year for approximately 8.3 years or until a- the City receives a total of $1.5 million. ~1 is + ;f Respec lly submitted, i d{ ' ~ v rv F oy acre a City Manager Pre ored by: k. a. ' ;u F Superintendent ~ 10 If i Solid Waste Division ' Approved by: 1°k Bill e Director of Comm ty Services` t f k is t ~ T 5. j r1 1 ,Y f 1W2/022791094/1 3 F r"nx1 eweNer RESOLUTION NO. A RESOLUTION ESTABLISHING THE INTENT OF THE CITY COUNCIL TO SELL THE CITY'S SOLID WASTE COMMERCIAL SERVICE SYSTEM; TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC. TO PROVIDE FOR DISPOSAL SE41VICE SAND CONSTRUCT AND OPERATE A TRANSFER STATION; AND ti DECLARING AN EFFECTIVE DATE. WHEREAS, last fall, the City solicited bids for the sale of the city's commercial solid waste system and received a bid from Waste Management of Texas, Inc. to purchase the system for one Million Nine Hundred Thousand Dollars ($1,900,000); and WHEREAS, Waste Management has, in addition to this bid, agreed not to raise rates and to enter into a contract to direct all solid ail waste to a transfer station to bo constructed by Waste Management, in exchange for Three Million Two Hundred Thousand Dollars ($3,200,000) and to provide an additional incentive of One Million Dollars ($1,000,000) to the City through reduced landfill charges; and ~ I WHEREAS, the sale of the City's system would mean that Denton would no longer have to provide commercial solid waste collection services while allowing customers to choose among the private collection services operating in the City; and WHEREAS, with the funds from the agreements with Waste Management of Texas, Inc., the City can address the obligations associated with its landfill; and 1 WHEREAS', by choosing to sell its System, Denton can avoid the I uncertain long-term liabilities associated with the implementation )f Subtitle D of the Resource Conservation and Recovery Act and can avoid the uncertainties associated with enforcement activities by the Texas Department of Health; and WHEREAS, proper operation of a transfer station is safe for the environment and transfer station is more compatible with other land uses than a landfill; and WHEREAS, acceptance of Waste Management's offer will assure long-term access to a disposal facility and allow Denton to assure stable residential solid waste disposal rates for the next 15 years; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION 1. That the City Council finds and determines that it is in the best interest of the City to sell the Commercial Solid } l d ~r J Waste System to Waste Management of Texas, Inc. upon such terms and conditions as the parties may agree. ~t SECTION Ii, That the City Manager and Executive Director of Utilities, and the City Attorney are directed to continue working with Waste Management of Texas, Inc. to negotiate a contract to Y effectuate the transfer under such terms and conditions as the :i a' Council shall approve. ; a SECTION III, That this resolution shall Dacome effective =1~`r x+' immediately upon its passage and approval PASSED AND APPROVED this the day of , 1991. {r w 'p . aj BOB CASTLEBERRY, MAYOR I r h~. a ATTESTf JENNIFER WALTER9 CITY SECRETARY ~I BY., APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY r f I F t . 1 w-- `s r y', ~ •r. r.` i r 1 s s CODE. CR - COMM RETAIN LD - LANDFILL DECREASE FILL LE - LANDFILL EXPANSION CS - COMM SOLD LC - LANDFILL CURRENT FILL LI - LANDFILL INCREASE CRO - C RETAIN DECREAS LA - LANDFILL ACCELERATE FILL DH - DIRECT HAUL CRE - C RETAIN EXCLUSIVE TS - TIPPING STATION f COMMERCIAL OPTIONS 1991 1892 1993 1894 1996 1898 1897 1995 1999 2000 2001 2000 2003 2004 2005 ~F. ~y SCENAIYO FIN RATE 9.96 9.96 9.86 10.15 10.55 11.36 1200 1295 13.115 14.86 15.86 18.25 18.75 17.25 17.06 1AAAA COMM RATE 116.66 0.00 0.00 0.00 0.0-0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 a60 j 06-WT6 ANNW(W R (So ($113) $652 $201 4149 $174 8106 $09 $177 1299 5304 4180 W4' $176 1171 INTEREST 0 0 0 28 48 SO 78 98 109 131 163 198 226 253 488 r. wv CUM W41 R (Mo) ($173) $378 8606 16W 111.037 41.!66 $1.466 $1,744 $11,174 41,611 SEA" $3.374 M.107 N.186 } soon $1,118 ucFEE 92 184 186 188 145 102 53 0 0 0 0 0 4 0 IWO $IAN AD TRANS 0 33 0 0 0 0 0 0 0 0 0 0 0 0 O 0 f` AD TRANS L 29 30 0 0 0 0 0 0 0 0 0 0 0 Q 0 F4.~ r r r' h rtl LF r a r 1 1 rr+ . 71 1- i' R ES RATE, & CUM NET G/L I COMM SELL Lf ACCEL - TIP STATION 20 15 I I 15 10 4 •z i h 10 `t 1 S r' NI ~ 4; 101 10s 106 107 100 2001 2003 2006 102 104 106 108 2000 2002 • 2004 J,I ■ C&LA-DH 1 MM J5 - ra~ r - a 1 S p~ r 14 Y r~ rTi s ZM~i !ry,f + :E a ra ~ r A ~Y~. 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I' y 1405 r y c ~.l r 1 E C 1 w~ wflt~111~f11 Of NOrth AftNf3C~i - j 1 Off M' Vv4W, l~tN 75071 E yuiN100ttUe1017T1 i February 181 1961 Mr. Lloyd Harrell CRY Man i Denton, DNS Mr. Lloyd: mslow to $n overview of the my(or polrw of to Waste Management of Tons, tna oorara4 W" the CIN of d/b a Taws WOW Menygertrent propraed wNh WO wrA pur of Clty'e Comnteroiel Aooounts and euppMng BtWon dtypoeel oepebu"S through the ua of a W"% "We' "M Contnat Ne.1 • Pw**" Of We 14uipmeM and Comnwolal A000tirtb MK Bid sxlstl V ComrnerdW AAoWXU end sq onw for WMT wlu purchase the CRY'S s1 si00,000. thae customary urd at a rata rc1a1 1. WMT w►n commit not to reia o0rrxre mininwm,&W t worstlon of the unexpired term of the sxlsting City eI agrsse to the ter" of the C**adbelow owhfiegress not to prov0dw th Va" flow 00*01 es to warts disposal vcUm" gematst6d 11. The ~My vW! help in to wnshr of the *MAO oustomw aooounte to the bat co the Ci is OW --,-tli.'-'rta Cky wIN d" the equipment in good vwWng order. IV.. Thy City &Wm to a r&v mpete for 5 VMS from dots (if contract WonN. CorMnat No. Z • TnMfer SWIon/t.o g Term Disposal Capobi104 1, WMT wol melee "able for dis at the dlems)ed rets of S1 .25 po~el of m s&4 wasu o rtI r W P" yvd at the Cky Lamm up t0 eff ov Ysrdy u^kPM to *w Cky to complete tta *wm d lee landm orlon to the knpwr F . S&NO D of RECRA. Such vdwm w1N be ed over not v *W 6 months, pvmw that fonowk►0 such 1e rr+onth period, MY munkn (UpBond warts gd Wt*, i to oiler" such Trafw%f Station and 1 made on !NMTs reaw ►pt of Pem~ite oompledon of to oonetrucwn). ,v ~Wi Ot/13/il 18;18 Q716 380 1830 CENTRAL REGION rvuut~uw II. In order for WMT to supply the City of Denton's long term diepossl oapsbilitles, WMT will locate sultable land, permit and build a Transfer Station within or near , the City of Denton. f A. The City will require by appropriate ordinanoe that all wild waste for which the Transfer Station has been Wperrnkwd and which Is, generated within the City limit,,, be directed to the Trenefer Station for disposal. B. WMT will pay to the City, $1,700,000 ae oonsiderstlan for the Transfer Station Contract and to retleot the differential between the S i.25 tferVit`S"'r"' disposal rate set forth in Section I above and the current or pmpoeed rate at the City Landfill (63.+16/cubio yard); payment wiil be made as follows: 1. $1,000,000 upon opening of the Transfer Station. 2. $176,00o per year on the annlvronary date of the opening of the Transfer Station In the years 2 through S. 0. The City's current rate at the Transfer Station will be $15.20 per yard for the residential voiurne Collected and handed by the City. This rate le subject to annual CPI adjustments beginnft with January, 1092 to coincide w1h annual raw a4u ment at WMT's DPW Landfill and hWh adjustm*M for any type of governmental tax et regulatory changes affecting we TwAfer Station's costs. This raw is sf'oedve, as long as the City is oollecting end hauling their own residential Wurne, but shag not be assigrAW. D. WMT will pay the City 40. r yard on all gets yyards brought to the Trans* 8tttlan eat for the City's residential voiums up to a maximum of 31730,000 gate yards or =1,600,000, .-.r.. WMT's current s gwWtion of the posted gate raw for all waste volumes this CRy's residential volume wN approximab $6.40 par yard. Materlef re;=; special handling will be priced accordingly, F. The W M contrwt term Will be for 20 years with mutually agreed 6 year eltbrtsiCrt Opt". The City has the right 60 days prior to the end Ate 16th year of the W U contract, to Cancel the remaining 15 yews, 0. The City commits to aseiet WMT In locating anmately 20 core location suitable for per~ttlnp provided the City N as to approprlMS I land use Issues.. Ths City 3 support WMT during the pvtrg n0 process with the Stew of Texas. III. In soopnltion of the fed that the Transfer Mon may not be available for use by the We the City's WON doses, WW wit WW at its DM l.andAM a fwvorsd 1 ~ooo~ooe w~ 01~1e/el 1e:19 Qel/ bee 1ee0 cEN UL REGION i 00 tlpping fee (lndluelve of ourrent nation statue to the C~1 a $2., per gee Yard Clittyy oolladta and haute. The TDH Feu) for the `ee d rd S2 !S6 W Yalyd• The rats is subjedt 10 defender ourreM DPW t.OWN gete ye.r v,nue>I CPI edIuetmerhe, whh the nee Indreeee on 1/1/92. In addhion, the rate to eubledt to any haeaes the DFW Lwop wA be requked to offeet due to f mented repine a taxee. dwt0ae In Oowm IV. WMT 1e required to "Ord" Its beet sbllhy end due dl enoe to ahem to h the Tranesfer 8tedon. Whits"aft^ rMdon stem dlscouM at wwa way. ~ WK, oonfts to enloY l~ not noelw tre neoeeearY E)pw , In the ewM tha ranafK^ Ofmhe, WMT W, oomieneaf+ the Chy fa lta eAoM in the toNowhg manner that further purauh of pans for the A. WW NvW no* the in the event in affa~ for the on as not uetliiad, as maa days de Wbsd treneter at WO e p will temrt Cky'e vo~unee d ~ end be repiaoed by the 5& per yard d*OWm below, ` . deeo►IbiO E6. Gu faropedleoour>e oft of tM DlMf Lwxw 6. TM CRY Wireceive ll r +at d 'de go YW w1jW > d+e to dal vWill OW olume / of fa up to 1,g72, M Vards, squsM to a t;700,000 disposal tected e for that Cit1r, b ~ SCANS In dl in dloeinnqq,WMT Is propaN to Pay the ~ ~ 1 18,100,000 dpllen, over the next 10 years, Of eguo aM Isefted above aooounta Per bid. knd S1,p00,000 fa the purohsas . w do `1,700,000 for Transfer Station of Chy d w4n'I t wwm. $ai,600,400 to aselst h 6" do" h tipe fo over 1o VWG (bused On sil,ooo,ooo t me 40 w. s5.90) 'and 80,000 enrwel reeldentTal gala Yam}. Tow awmew Coneiderat w to the Chy of Denton. Slnarey, Cheriss F. 'M Flood Vide Prselder Manager 3 [G l DATE: March 5, 1991 CITY COUNCIL AM;DA TEI T0; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUB ECT: Consider adoption of a resolution finding and determining that the l, provider of solid waste set- City o in Dethe nton City shall effective exOctober clusive vices . t f 1991. ''RECL~tENDATION: At their meeting of February 18, 1991 the Public Utilities Board recom- mended that the City become the exclusive solid waste service provider by a vote of 4' to 1. SU44ARY: Revenue and expense projections indicate this would be the most econom- ically advantageous option of all those reviewed. f; v BACKGROUND: a of the City in The Solid Waste Alternatives Committee studied the role . , " solid waste services. After public hearing and consideration, , providing the City Council directed the staff to id the commercial system for the Y: purpose of gathering additional information to assist in deciding upon a course of action, ` PROGRMtS DEPARTMWS OR GROUPS AFFECTED: i All solid waste customers. FISCAL_1MPACr: " Could generate cumulative revenue through the year 2005 in excess of ' $13 million using residential rates which escalate to $17.65 per month by t' 1 { 2005. s Respec ly submitted, o~ rre City Manager V4Prt s, uper nten ent solid Waste Division Approved by: z{rs .t Bill 4 Angelo Director of Comammity Services IW2/02279109s/l r a RESOLUTION NO. 4 A RESOLUTION FINDING AND DETERMINING THAT THE CITY OF DENTON SHALL BECOME THE EXCLUSIVE PROVIDER OF SOLID WASTE SERVICE IN THE CITY EFFECTIVE OCTOBER It 19911 AND DECLARING AN EFFECTIVE DATE. Rti i, WHEREAS, the Solid Waste Advisory Committee having recommended to the City Council that the City of Denton become the exclusive provider of solid waste collection service in the corporate limits of the Cityi and a°ac` WHEREAS, revenue and expense projections indicate that for the City to become the sole provider would be the most economically ad- M vantageous option for the Cityt and WHEREAS, this option assures a continued commercial customer base and allows the City to continue to provide disposal servicest and 's WHEREAS, becoming the exclusive provider would allow the City% to maintain control of both residential and commercial rated NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESI SECTION I. That the City Council hereby finds and determines that it is in the best interest of the City of Denton for the City of Denton to be the exclusive provider of Solid Waste Service in the City, effective October 1, 1991. SECTION 11, That the City Manager, the Executive Director of Utilities and the City Attorney are hereby directed to take the necessary action to effectuate this determination. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. r. I f~' 809 CASTLEBERRY, MAYOR r4'' r Lr~y it 1 r ' ; rY "t ATTEST: 'r t JENNIFER WALTERSp CITY SECRETARY r A; ~ ~ f CAI Y;n Bye APPROVED AS TO LEGAL FORMt x DEBRA A. DRAYOVITCHo CITY ATTORNEY ~ d ~ tir j s. ,r~rN~o ' 1 BY: "rev 3 L bsr rk tom' Y P ~ C ~ . I h t, 1 a, I 11 E ~ ~ i sY 11C y~9 , N Y - C ~dh.o l~! 7 Sri F Y~! l.. r R y~ 4 kll ~ 1 il✓i S~ h Y~ Y ~LJY~• Pd <'1~ N L I i ~ S fL'Vt NY' yY j4ry L E\i ~ f L . d~l~i 4~ its ~ y~ ~ 1 ~ N 1~ • ~ ~~1 Y~ 1 )lr iW1NFwa. _ ♦Lri x.A4.J ~A1: hT"bN:ro - i ( vY 4 w ( 4 Ld 1 F y, I RES RATE & CUM REVENUE G/L COMM RETAIN. 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( !3411 .,IIN 113411 111112 unit Meet ;1111/ elan Mill ami11 toils 112111 Hatt tittle limits tilt$$ 921111 tittle 111111 !Hill j N twill it 1.134 I'm 1.10 1.W IJSI 1,411 $.11 1.134 ).%34 1.134 1. of LNI 1.$34 1.%# 111 0% SAA ` tcw 1 mill IIleOFlll11 2,151 11466 1.10 1134 LIN 1.610 $.491 LIN 1151 4Ili 4.134 1.134 0.1 N IAN 1151 IIN 1250 , ` r. rs , 11: Q ~i~,#r°-~::... 6161.;:•1 tlK~'!.; as i i DATE: 03/05/91 CITY COUNCIL REPORT FORMAT 9A ` TO= Mayor and members of the City Council FROM4 Lloyd V. Harrell, City Manager SUBJECTS 2-90-011 RICOMMIMDATION The Planning and Zoning COAMi aion recommends approval 6-0. SUMMARY r See the attached report. The proposed development Will not restrict the expansion of the Denton Municipal Airpott. - f t BACRGAOUNDt 014 ! See Staff Report t, P90GRAMS DEPARTMENTS OR GROUPS AFFECTEDs l City of Denton ! CT t FISCAL-1 MP1i Resp U Y!/ 1. i L1oy Va Harrell N. Prepar City Manager , xaee X. Feahart ~ 4~ Urban Planner Approved f bank Aob.ina, A CP i - executive Director r nt e { Planning and Developm 2571x/1 ,r YID ~ ~ '~l y 1 E r' bF c ,;r=. pus., i. ! . t2p i et I { r r I 011 era ORDINANCE NO- A ) ZONING DISTRICT CLASSI- AN GRICULTUREE(A) TO PLANNED DEVELOPMENT PDT APPROVING A CHANGE FROM 4 FICATION AND USE DESIGNATION FOR 450.6 ACRES OF LAND I,OCATFD ALONG BRANCH, AND • U.S. INTERSTATE 35W AND BOUNDED BY BONNIE BRAE, ROARK HICKORY CREEK; APPROVING A GENERAL CONCEPT PLAN FOR THE DISTRICTI ' PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS f THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. • "a WHEREAS, HSH Inc., Trustee for Southwest Denton Joint Venture, has applied for a change in zoning for 450.6 acres of land from classi- agriculture (A) to planned development (PYOVal nofgadgeneral concept fication and use designation and for app plan for the district; and 991p the request 8 cha Planning and in zoning and the WHEREAS, on February 27f th11 e Sion recommended approval approval of the general concept plan; WHEREAS, the City Council finds that the change in zoning and ' approval of the general concept plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSO n ` That the zoning district classification and use designation of the 450.6 acres of land described i afar ncat i~ attached to and incorporated into this devel pment (PD) zoning changed from agriculture (A) district classification the City Ddesignation under the comprehensive zoning ordinance of incor SECTION II. That Exhibit B, attache dtasa the General orated Into Concept this ordIn a by reference, is app' Appendix 8- Plan for the district in accordance with article 11 of App zoning of the code of ordinances. ~FCTION iii• That the City's official zoning map is amended to I show the change in zoning district classification. I U N IV, it shall be unlawful for any person to violate any land condition or restriction imposed upon thTSOnefound to be inaviolaA .~provisions of this ordinance and any pe , tion thereof shall, upon conviction, be fined a sum not exceeding $21,000. Each day that a violation occurs shall constitute a sepa- rate and distinct offense. rv I. tq i F Alf. _ ~ DN ~ I I k f SECTION V. That this ordinance shall become Oflactive 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 pub- fished twice in the Denton Record-Chronicle] the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. ry~ S 4r' PASSED AND APPROVED this the day of 1991. BOB CASTLEBERRY, MAYOR r ATTESTS n d yo- 3-; JENNIFER WALTERS, CITY SECRETARY M r- ' ff Bye 44 APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCS, CITY ATTORNEY I r I Bye 'R f 6 r Li d v k PAGE 2 k I +r 1. i !1 rr r. "1y 1,2 i EXHIBIT A 1 of. 3 1 TRACT I ' r !ICING all that lot, tract or parcel of land out of the JAMS EDKONSON SURVEY, Abstract No. 101 and the JAMES L. HARRIS SURVEY, Abstract So e , P1tITCHE''f SURVEY, Abstract N SS5 and a part of the s. A situated about 4 ■ilee south 15• Neat from the courthouoo in Denton Count , TsXast and ambraeing Parcel NO. 1, Parcel No. i and Parcel NO- 3 Denton County.DeadlReeord pony recorded in volume J21oe ibed Page 141tot thead to BEGINNING at the southeast corner of said J. S. tdmonson Survey in the ' middle of a County Road for the Southeast corner of said Parcel No. 1, troa which an a" pips post beers N S!' 50-1/2' N, 30.5/10 <<•' j 2, faett } ` THENCE N $V 50-1/2' N, to and along a toned for the south line of said I Parcel No. 1, a distance of 2065!-S/10 toot to a l-inch Iron On the Nest side of a corner pest of a fence, tar the Southwest corner of said edsenson survey and the southeast corner of said S. A. Pritchett Survey and Southerly Southwest corner of said Parcel No. it 't G THENCE N 00' 33# C, along the common line of said sdaonson and Pritchett Surveys for the Southerly Neat line of said Parcel Ne, 1, a distance of 2,217-S/10 toot to a 2-inch iron an the teat Olds of an old to-inch ak corner post of a ton" for a reentrant corner of said Parcel No. It THENCE N It, 071 N, along a south line of said parcel No. 1, a distance of 11051.5/10 toot to a 1-in4h iron for the westerly southv6st corner of said parcel go, 1 and the Southerly southeast 4ornar at the 12.526 1000 serN tract daseribed in the deed to the state of Texas for ~i recorded in Voluss 539, pega'S3s of right-of-way of the said g Recardst "act Eastmstatsvo alai Nib estate sterletline of tsaid Parcel No, 1 and Texas line 1. N 27' 21' It 67-1/10 tsatt monumantt 2, N 30• !it to 55o-5/10 test to a damaged highway i. N 77' 38t tt 312.5/10 test to a highway sanumatt N 27' 430 to 444-s/10 feet to a hl"Ve. so nss nt o s. N 17' 31' w, 163-1/10 !N! !O a daMOea highway mm"to N !a• is# w, 13f-2/10 test to a highway sew"att 7. N 37' 210 t, /as test to a highway sen""tI sntt N 22' 22' to 9!-1/10 test to a dsarpd iahwy g~ slim" trijolhsee juveyfaandd tarathI-ifth e ~leethwatisenusoerner H aid parcel we. It P w I j EXHIBIT A 2 of 3 ) I THENCE 8 49' 02' t, along the said North line of Pritchett Survey, to and along the North line of said Harris Survey, for the North line of said Parcel No. 1, a distance of 30061-8/10 Net to a 1- inch iron for the Northwest corner of said Harris Survey and said Parcel No. 11 Thence S oo' OS► No to and along the said aiddls of County Road, being along the last line of said Harris survey* to and along the Cast line of said Edsonson Survey for the last line of said Parcel No. 1, a distance of 50299-2/10 feet to the PLACt or 320101N0, F said County4Ro dj leaving 397-27//i 0 acres exclusive at swith aidin Road, staiNNiNO at a i-inch iron an the Northwest side of a corner post of a fence for the Northwest corner of said Parcel No. 2 and by f t previous deed call to be the Northwest corner of said s, A. Pritchett survey, Abstract go, 10311 g^`' 1 THENCE 8 $90 031 t along the North line of sold Pritchett Survey for jj the North line of said Parcel No@ to a distance of 16034/10 'F feet to a 1-inch iron for the Northeast corner of said Parcel No. 3 and the Northerly Northwest corner of the 42-834/1000 acres _ tract described in the deed to the state of Texas for highway right-of-ray recorded in Volume $290 Page $38 of the said Wed Rscordsl THENCE SOtTPIMLSTERLY, along the tastarly line of said Parcel Moo 3 and masterly line of said state of Texas tractl I r, i 1. S 27' 33' M, 769-3/10 feet to a damaged highway monufentl 2. 8 37' $30 No 408-2/10 feet to a highway sonumentl 3. S 37' 44-1/20 N, 434-4/16 fast to a hi hway sonumentl 4. N 63' 241 No 490-3/10 feet to s damaged highway sonusent tot a Northw Texas State of tract of thesright of-way ofithe Denton to Ponder Roadlthe North line w THENCt N 61' $20 N, along the said North line at right-of-way of the Ponder Road for a Southwesterly line of said Potosi go. 2, a distance of 423-0/10 test to a 1-inch iron for the Southwest j corner of said Parcel No. 21 THtNCt N 00' 93? to along the Nast line of said Parcel No. 2► a distance i Of 996.8/10 feet to the Pt,ACt Or 29020 two, containing 3S-6/30 ~ ache, ze ;t g t 1r EXHIBIT A } E ( 3 of 3 ! TRACT IZ E r BLGiNNiNO at a 3/1-inch Iron for the Southwest corner of said Parcel No. 3 and being by dead call in the West line of said S. A. Pritchett survey, Abstract No" 10211 THLNCE N 006 53' Is along the Nest line of said Parcel No. 3s a distance, f of 1,963 toot to a 1-Inch iron for the Northwest corner of said r? Parcel No. 3 In the Southerly line of right-ot-way for the Denton to Ponder Road TNCNCt 0 620 171 s along the sold Southerly line of right-of-vay, for the Northerly line of said Parcel No. 3, a distance of 372 fast e to a highway sonusent for a southwest corner of the 41-!26/1000 acres tract described in the deed to the State of TeM* for i highvay right-of-way recorded in Voluae 5290 Page 331 of the said Dead Reccr a J THEM SOUTNRASTtRLY and NOUTIMlSTULY along the Ustsrly line of said Parcel No, 3 and sold Westerly line o state of Texas tract! 14 s 36. 260 e, 206-5/10 tests 2" S 6. 10-i/2• N, 206 fast to a 7/S-inch irons 3. S 27. 39• M, 600-2/10 test to a highway monuaentf 1. S 27. 41' Is $51-4/10 test to a dasag6d highvay sonmentl 51 S 270 60' No 656-4/10 test to a 1-inch iron for the Southeast f corner of said Parcel No. 3 and the Southerly southwest corner of said State of Texas tracts' ' a e, TNENCS N $0, 07+ Ws along the South line of said Parcel No, 3, a distance of 47-1/10 fast to the PtAcx OP SZOINNINO, containing c 13-63/100 aoras. L Ly i. tq r -y T- - r7 GENERAL CONCEPT PLAN FOR 450.6 ACRE PLANNED DEVELOPMENT BUSINESS VILLAGE (Henry S. Miller/Grubb & Ellis Tract) ti 1. Relation to Comprehensive Piano This tract is located southwest of the Denton Municipal Airport and within the Special Purpose Activity Center. 2. Sise of District. The district includes 450.6 acres. i 3. Terms. Terms used in this General Concept Plan shall have the meanings as defined in the code of ordinances of the City of Denton, unless defined in this Plan, 4. ordinance Governing. This District and General Concept wY:. Plan are approved in accordance with and shall be governed by the y v;` provisions of article 11 of Appendix B-Zoning of the Code of ' Ordinances. u, ,4 6. Permitted Uses, The following uses and combination of uses are permittedi (a) Hospitality Uses. Facilities which offer transient lodging accommodations to the general public and which may provide additional services such as, but not limited to, restaurants, meeting rooms, and recreation facilities. Uses such as hotels, motels, and convention, meeting, and conference facilities will provide support for the office, institution and manufacturing and distribution uses in the district. (b) institutional Uses. Facilities for large governmental, educational, medical and cultural facilities compatible with business and industrial park uses. (o) manufacturing and Distribution Uses. This category permits the development of manufacturing and distribution uses, but excludes any residential or multifamily land uses. This category encourages manufacturing, assembly and warehouse and distribution type facilities. (d) office Uses. The office use category (along with interior secondary support retail facilities serving the t office employees and quests, such as but not limited to, 'r sundries, eating facilities) is encouraged as support for the Manufacturing and Distribution and Hospitality uses. Office uses may also consist of independent office develop- General concept Plan-Business Village Page 2 j 1 ments which are well planned, amenity oriented facilities E j for service, industrial, and institistionally related users. - ` (e) Residential/Xultif&uily Uses. The residential/multi- „ family use category will provide for convenient nearby housing for a portion of the population to be employed in the "Business Village". A mix of said to high density residential uses (single-family to multi-family) and the residential uses will be no more intensive than the parameters shown in the Development Standards. The front yard of every single family home must have a minimum of two hardwood trees prior to occupancy. ° (f) Retail and Service. Any establishment whose primary purpose is to provide goods and services to the general public for their use or consumption. The retail user category includes community shopping centers, automobile services, and other retail and personal services. Thesel ? facilities are compatible with the freeway corridor and will be well planned amenity oriented facilities designated to serve the regional population. The permitted uses• ' exclude residential/multifamily uses. F (g) Recreational Uses. The Manufacturing and Distribution, j Hospitality, office, and institutional uses may have recreational facilities to support the health and welfare of employees including but not limited to golf courser, k racquet ball, polo, soccer, etc. These types of recri- ational uses are proposed to be developed in conjunction with the open spaces and the intent of the overall planned development. (b) accessory Uses. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with a principal use. It prohibited Uses The following uses are prohibited in the r districts Cement, lime, gypsum or plaster manufacturing € Csmatery Concrete or asphalt batch plants (permanent facilities) Contractor's yard Fat rendering or animal reduction Fertilizer manufacturing Forge plant i All . r O r owl I I i General Concept Plan-Business Village I Page 3 Gas, butane, propane operations Halfway house Hazardous and/or toxic chemical manufacturing 1 Junk or salvage yard Machine shop or welding Mining or topsoil extraction a. Mobile home display or sales Paper or pulp manufacture Pawn shop Petroleum products refining Radio or T.V. broadcast or microwave towers Railroad yard or roundhouoe k' Sexually oriented business&% Smelting of ores or metals Stockyards or slaughterhouse 7. Development standards. (a) xospitality. The development standards for property; designated for hospitality uses shall be as followsi I ,r=' Minimum lot area 5 AC E Minimum lot width 200 FT Minimum lot depth NONE Front yard setback 25 F"l'; Rear yard setback 10 FT Side yard setback 10 FT Corner lot requirement 25 FT ! Maximum building height 20 stories Maximum lot coverage 50 Maximum floor to area ratio As listed for ea21.1 ch Parking .,y Perkin use in the Denton zoning ordinance. (b) Institutional. The development standards for property designated for institutional uses shall be as follows) Minimum lot area None Minimum lot width Nona Minimum lot depth Nana i Front yard setback 25 FT ;r Rear yard setbaok 10 FT Side yard setback 10 FT Corner lot requirement 25 FT Maximum building height 43 FT* Maximum lot coverage 5o! Maximum floor to area ratio 211 r, ! f. ~s' YjM1i: n ,14 1 - ILa i i General Concept plan-Business Village Page 4 j , a Parking As listed for each use in Denton zoning ordinance. , Height may be increased by 1 ft, above 43 ft. for each one foot of increase in the front, side, and rear + yard setbacks, up to a maximum of 20 stories. (a) Manufacturing and Distribution, The development standards for property designated for manufacturing and distribution uses shall be as follows Minimum lot area 2.5 AC Minimum lot width 200 FT Minimum lot depth NONE Front yard setback 25 FT Rear yard setback 10 FT X47 side yard setback 10 FT Corner lot requirement 25 FT I r Maximum building height 43 FT* Maximum building coverage 751 Maximum floor to area ratio 111 # Parking As listed for each ` in the Denton zoning ordinancel h Height may be increased by i ft. above 43 ft, for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 8 stories. (d) 0!lioe. The development standards for property `11 i designated for commercial uses shall be as followsi Minimum lot area None minimum lot width None . ~ Minimum lot depth None 25 FT Front yard setback T Rear yard setback 10 F 10 Fl' Side yard setback 25 F,i, Corner lot requirement s maximum building height 43 5FT ~ F Maximum lot coverage o% Maximum floor to area ratio As listed for each Parking use in Denton zoning ordinance. Height may be increased by 1 ft, above 43 ft, for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 20 stories,, 4 a ^ , e 1 i I t General Concept Plan-BUSiness Village E Page 5 (e) Residential/Multifamily Uses. The development Stan- dards for property designated for residential/multifamily uses shall be as follows; Minimum lot area 6000 SQ. FT. ,1 a Minimum lot width 60 FT. Minimum lot depth 100 FT. Front yard setback 25 FT. Rear yard setback S.F. 20 FT. yn M.F. * 1, .1 . s.: Side yard setback S.F. 6 FT.` M. F.** Corner lot requirement 16 FT F Maximum building height S.F. 2 1/2 stories.,_ M.F. 3 stories F ' Maximum lot coverage 404 Maximum Density 20.0 DU/AC Parking As listed for each g use in Denton zoning ordinance. * Multifamily rear yards 20 ft. minimums if greater' than 2 stories, the rear yard setback shall be equal to T one foot per each 2 ft. of height to a maximum setback of 50 ft. . Multifamily aide yards 10 It. minimum; if greater than 2 stories the side yard setback shall be equal to one foot per each 2 ft. of height to a maximum setback of 50 ft, i (f) Retails The development standards for property desig- nated for retail uses shall be as followsl Minimum lot area None Minimum lot width None Minimum lot depth None Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 10 FT ` Corner lot requirement 2S FT Maximum building height 43 FT Maximum lot coverage S04 Maximum floor to area ratio 0.811 Parking Am listed for each use in the Denton Zoning Ordinance. ` r ' r t Y i' ~y Y General Concept Plan-Business Village Page 6 (g) Adjacency Relationships for residential/multifamily vsas. t , (1) At least 50% of the total perimeter of a tract used for residential use (including multifamily) shall be adjacent to one or a combination of the following uses: (i) open space (ii) Existing residential/multifamily uses or residential/multifamily zoned property. a# (iii) Existing or proposed arterial roadway or in- terstate highway right-of-way. (iv) Existing undeveloped property. r I (2) No residential/multifamily use shall be located , adjacent to manufacturing or bulk distribution uses unless said residential/multifamily use is separated from those uses by an arterial roadway or a non- o resident ial/multifamily building-to- residential t building separation distance of not less than 150 feet. The following setbacks shall control over (h) setbacks, any other specified satbackst (1) The minimum setback for buildings and parking; facilities shall be forty (40) feet from the right-of { way line of i.H1-35W, (2) No residential and multifamily buildings shall be ` permitted within 250 feet of the canterline of inter- state 35 W. (3) Residential and multifamily buildings to be locat- ed adjacent to undeveloped property toned for non- residential or multifamily uses shall observe an AO loot building setback from the common property lino. (4) Non-residential and multifamily uses shall observe r a minimum 100 foot building-to-buildin setback from existing adjacent residential and multg ifamily build- ings, i i General Concept Plan-Business Village Page 7 { (5) Residential and multifamily buildings to be lo- Gated adjacent to existing non-residential or multifam- ily uses ck from exist qe adjacentonon-residentialubuild- t 11 setback f " ings. (1) Denton Airport 9oning Asqulationso All buildings and n structures Zoning Requlae height limitations of the municipal Airport ' " , height tions and federal regulations.+ ace. The open Specs in the district shall con- of the gross land area in fj1 Open $I tain 15% (or over one -seventh) , The open space will eonrone the existing 450.6 care tract. of at least all Roark Branch Floodway and those flood p areas generally north of the first vSGS elevation 576 con- tour which is south of the original channel of Hickory 00, Creek. The areas along the ed ideal alignmantaandhlocaton x. Hickory Creek will provide an for a future "hike/bike/peda+strian" trail. p4 dsas inq and Treats The regulations of the De of Landscape Code in effect the date of the app > this Plan shall apply to the District, a, • (1) Development Intensity. The overall intsnsity` of Full development for the gross area, 450+6 arres# shall not exceed a floor to area ratio of 1.5 to 1. o• 1 o: I e ejC: Vr '1111\~'~ Pi L F L j. . n •!'..t ~ vr.., a v, a. v. l+I' y( V" << A, I 1 1 ~ f t ~ t LL r • ~ M~NUN MAIM! /k ~ K ; ' afI A4 A v ilk p wew rMMO~1 t1eY1YnY u e~aa! p!Y 00 0111lN14 Ydla ~ . ~ f111!! • NMI {~M Yd +IMMI 1. Flt IMIIMMMMM M/N. >411 MI~M! IN MI1 1MY 111 ~'N ~MiM l M~WMrI1 W . q b ,1/1wrt~NlII.h/M 041 NIN rl GENERAL ~MINAa M1~ .!tip :fir a CONCEPT PLAN IWIM41111 k j . j 4~ , k r I Ali f 5 1 K 7 "FT~w ,w e F. I do PLANNING AND ZONING REPORT I I To: Mayor and City Council I Case No.= Z-90-014 Meeting Date; March 51 1991 I r GENERAL INFORMATION r I, Applicants Henry S. Miller (HSM), Inc., Trustee for Southwest Denton Joint Venture 2001 Bryan Tower, 30th Floor Dallas, T% 75201-2163 ar (Mike Reynolds) . ` I owner's Representatives Wier 6 Associates, Inc, 4300 Beltline Plece, Suite 130 Arlington, TX 76018 (John Wier) II i' Requested Actions Rezone and approve a General Concept Plan on a 450,6 acre tract of land from Agriculturai 1' 'I to Planned Development District for a Mixed use Development. Location and Size: 450,6 acres on the east side of 1-35W;. ( bounded by Bonnie Brae, Roark Branch, and Hickory Creek. Surrounding Land use and Lonings, North - A strip is zoned Agricultural; Agricultural Use South - A strip is zoned Agricultural; Agricultural Use bn East - (ETJ) West A strip is zoned Agricultural; Agricultural Use Denton Development Plans Special Purpose Activity Center y r t sl jj . (Case z-90-014) Page Two SPECIAL INFORMATION Transportations o A traffic impact study for the entire PD will be i. required during platting to analyze the impact of this s development on 1-35w, Bonnie Brae, and FM 2449. Those three (3) roads seem to provide adequate public access, so development planning should limit the number of public streets created for local traffic. o Specific items to look at in the traffic impact study will includes 1) Analysis of the I-35W interchange and possible expansion or redesign since the existing , interchange is rural oriented. 2) Access along i-35W shall be limited by providing access off of FM 2449 or by constructing .access ;t^ road for 1-35W or constructing private access ro da,' o Bonnie, Brae can be downgraded to a major collector. y` The city does not feel the cost benefit of extending Bonnie Brae across Hickory Creek is feasible, o sidewalks will be required on both sides of all streets around and through the development unless during the development plan stage, an alternative pedestrian access; plan is submitted and approved. } Utilities: { E Water - :ha city Master Plan proposes a 20' water line along the Interstate and a 16" water line along Bonnie Brae, and possible a 16' down U, S. Highway 371. The assumptions made during the Master Plan may not apply to this project, Specifics of exact location and sizes will be determined during the Davelopment Plan stage, Sewer - Sewer will come from the Hickory Creek interceptor, l tiones Hickory Creek , in which there are two (2) loco and x Roark Branch, Currently, the Master Plan proposes a 21* line in Hickory Creek and a 24" line in Roark Btanchl however, specifics of exact location and sizes will be determined during platting, J u' • .F I (Case Z-90-014) Page Three SPECIAL INFORMATION (Continued) Drainages A drainage analysis at this time is not possible with he detail provided. The developer shall dedicate during the putting process the floodway for Hickory Creek and Roark i Branch of Hickory Creek which both flow through the property. Smaller channels will be required to be concrete ' lines or have concrete pilot channels unless the development ; + is designed to incorporate the open space and permeable area criteria specified in the subdivision regulations. The major roads listed in the TRANSPORTATION Section will t. function as arterials so they will not be effective to carry t, water, thus resulting in underground storm sewer systems.' j , A master drainage study of Hickory Creek shows that a regional detention pond (Regional Denton Pond ■F") should be located in the Roark Branch between IH-35W and the Hickory- Creek and Roark Branch confluence. This development gill be required to participate either through construction, land # . dedication or other acceptable means in regional detention pond ■F Wier and Associates (the applicant's engineers) ` has addressed this issue in a preliminary fashion but more detail is necessary to make the final determination of site location and participation, HISTORY it the South 20.4 acre tract to . This tract of land as well as a 9 , are in the process of voluntary annexation. It is the opinion of the city legal department, based on case law, that the: processing of zoning can coincide with the annexation process provided that the annexation is acted on by the City Council I prior to the public hearing on the zoning application., On January 22, 1991, the City Council passed and approved a resolution re-establishing the boundaries of the special Purpose Activity Center around the airport to include both this tract and the 450.2 acre tract,to the north. 'r , n .w. a/yr , (Case Z-90-014) Page Four HISTORY (Continued) f On February 5, 1991, the City Council passed and approved an ordinance amending Article 11 of Appendix B-Zoning "Planned Development District'. This amendment in essence changed the 'PD' process from two (2) steps to a three (3) step process. E ANALYSIS I This proposal is the first to be reviewed under the new terms of Article 11. The applicant has provided all information required for a General Concept Plan. It is noted that in this phase of ' the PD process that no footprints not other design features are 4 shown on the plan, rather, the applicant has submitted Y, development standards and a very general map that, if approved, 1 will become part of their 'PD` ordinance. „ Attachment 'A' consists of statements either for informational { purposes or verbage to review for the ordinance if this becomes i, an approved planned development, r, i t This tract of land is located in a Special Purpose Activity Center. The Denton Development Plan designates a Special ; Purpose Activity Chi,Ler in the vicinity of the municipal airport. This center is intended to encourage the establishment of an industrial economic base given the locational advantages of this site in terms of access to rail, motor, and air transportation. Mixed use commercial and high density housing According to the Denton Development Plan, development along major entranceways present the first impressions of the city to i the public eye. The policy of this plan therefore is to encourage and promote good urban design to enhance the aesthetic I quality and visual amenities along entranceways. There are specific guidelines in the Denton Development Plan that are required for development on antranceways r { 1. Development proposals shovId be reviewed to ensure adequate compliance with standards and requirements including, but not limited to, the followiAga as Front yard setbacks. ; b. Building coverage, c. Landscaping. d. Si9na9e. i s r, d ro.~ w , i i i (Case Z-90-014) Page Five ANALYSIS (Continued) i e. Curb cuts. r f. Off-street parking. g. Design and construction facade. h. Pedestrian access. Note: Attachment "A" reflects development standards proposed to satisfy the above. 2. Promote integrated site design and layout which consider adjacent tracts of land with emphasis given to internal circulation as opposed to continuous strip development, Note: Attachment "A" reflects standards in order to buffer' adjacent tracts of land. Specific design of the site will be reviewed in detail during the development and detailed plans stage. Another policy of the plan to consider is park planning policies. and guidelines, more specifically, greenbelt/linear parks. E The policy of the plan is that maximum utilization of flood plain areas for parks and open spaces should be encouraged. The general concept is that there should be a continuous belt of open spaces and park land with adequate landscaping so As to provide facilities for organized games, picnics, ball fields, bikeways, hiking, jogging and pedestrian trail*. Note: This General Concept Plan delineates 69.1 .^,res of flood plain as the proposed open space. eased on the required information in accordance with the regulations of Article 11, the Generai Canoc pt Plan complies with the policies of the Denton Developmtnt Plan, f',owever, when 4 the development plan and detailed plea a_5 sub,A tted and - reviewed, the City will be better able to appl/ the policies of the plan. This development will not restrict the expansion of the Denton Municipal Airport. i i All- i• I r 71 i (Case Z-90-014) Page Six I I RECOMMENDATION The Planning and Zoning Commission recommends approval. ALTERNATIVES 1. Approve petition 2; Approve pttition with conditions 3. Deny pet ATTACHMENTS 1, Attachment A 2, Attachment B Airport Height Standards 25679 ;,3' s4; 1; W 1 ~ } . ..a f ~ 1 p&Z Minutes DR AF T February 27, 1991 Page 6 It was moved by Ms. Brock, seconded by Mr. Appleton, and unanimously carried (7-0) to recommend approval of the general concept plan and general provisions document with the recommendations in the staff report and the recommended changes in wording by staff. IV. Z-90-014 Hold a public hearing and consider a petition by Henry S. Miller, Inc., Trustee for the zoning to Planned Development (PD) of 450.6 acres of land adjoining I-35W at Hickory Creek and FM 2449. Staff Report: Mr. Robbins stated that the property is within the Special Purpose Activity Center. It has the same standards as the previous case. He reviewed the staff recommendations with the Commission. Mr. Clark stated that he should have spoken out on the previous case but the comments made in the staff report were issues that came up when the Matsushita project was being considered. The standards are consistent with the Denton Development Plan (DDP). As the new PD process is being worked out, the type of input expected from staff needs to be defined. The previous developer disagreed with all staff comments that were made based on current regulations. These PD brdinances need to reflect what standards are to be used. i Petitioner: John Wier, Wier and Associates, stated that he I`I represents the Henry S. Miller Co. The proposed zoning has 1 ~ been a long process. Their property is the southern gateway to Denton. The 2449 interchange is important to the project. The existing conditions on the tract are trees, Hickory Creek, and Roark Branch. They are indicating a business village on their concept plan. They intend to have some residential uses. They have been sensitive to the natural characteristics of the land. They are intending to designate 154 of the property as open space. It will be important to the city in the future. There may be a hike and bike trail along the old 1 creek bed. They have reviewed the staff comments and are in agreement. The proposed land uses are hospitality, institutional, manufacturing/distribution, office, residential/multi-family, retail, and recreational uses. They also have a list of prohibited uses and development standards. They are concerned over some of the staff comments. They are concerned about the regional detention pond being on their property. They are willing to participate if necessary, but are already giving a large portion of their land for open space. It also may not be appropriate to have sidewalks along each and every street. The proposed primary arterial begins at 2449 and goes over to Bonnie Brae. They have written in AI A. - y I DRAFT P&z Minutes February 27, 1991 Page 7 flexibility for its layout. A traffic study in the future on the interchange might be more appropriately done by the k Highway isp allowed. Theywould wilike to llig t have work with e the gCity if tha 1i Attorney on the ordinance but they don't think it needs any i wording changes. Ms. Brock said that they are concerned jbout the lack of pedestrian access to all kinds of uses. The way things are designed today, a person has to get in their car to go someplace just around the corner. Pedestrian access may be more critical in the future and the City wants to facilitate that wherever it makes sense to do so. Mr. Wier said that they do not have a major problem with sidewalks, just the blanket requirement for all roads. In Favor: Ron White stated that this property abuts his development. The uses are compatible and he urges that it be, approved. Opposeds none present. Recommendations Mr. Robbins said that staff recommends approval with conditions as noted by staff. Chair closed the public hearing. Mr. Holt moved to recommend approval of the general concept plan and provisions with conditions as noted by staff. Motion was seconded by Mr. Glasscock and unanimously carried (6-0). i I v; i i I~ p1p T , ATTACHnNT A I 'E SUPPLEMENTARY ZONING ORDINANCE INFORMATION i TO ACCOMPANY A 'GENERAL CONCEPT PLAN' FOR A 450.6 ACRE PLANNED DEVELOPMENT BUSINESS VILLAGE (HENRYS. MILLERIGRUBB i ELLIS TRACT) f 3`' CITY OF DENTON, TEXAS F3 + February 6, 1991 i P3 ft"ra l by: .,.5 i~ WIER A ASSOCIATES, INC. to CONSULTING ENGINEERS, LAND SURVEYORS, d LAND PLANNERS sr 4300 Beltway Plaoa, Sub 130 f Arftnglwo Tan MIS a ` 817/447.7700 (Metro) W&A #85-028 1 00% r I TABLE OF CONTENTS + STATEMENT OF INTENT r • RELATION TO COMPREHENSIVE PLAN i Locatlon Map SIZE OF TRACT EXISTING SITE CONDITIONS • Existing Ske Con tm Exhifilt • LAND USEWDEVELOPMENT CONTROLS General Concept Plan ' • GENERAL DESCRIPT*N OF PERMITTED USE CATEGORIES WITHIN TIRE `BUSINESS WAME' 4 , DESCRIPTION OF OPEN SPACE USES • PROHIBITED USES f : DEVELOPMENT STANDARDS r • Develorxnant Sta►xiarde T&W" APPENDIX • Apps Form • Legal DnWption of E* ft Pwc& , i > I s~A Y.v "d"µr a, . STATEMENT OF INTENT OF OWNER ; The Integral nature of this tract proO les opportunity for estabiishlng a 'Village centw" apt as described in the Denton Development Plan. S It Is the intent to create a planned development district which will allow this 450.6 acre tract to be developed as an Integral unit for high quality, ~complimentary business and residential uses, so as to create a "Business /isgeM. 1 The tract Is located at one of the southern gateways to the City of Denton as shown on the Location Map. The development and marketing will recognize the excellent opportunities provided by freeway frontage, the ! FM 2449 Interchange and future primary arterials traversing and bordering the tract Additionally, the development will be sensitive to the constraints of floodprons areas and rugged topography which exists In some locations. The owner of the tract Is HSM, Inc., Trustee for Southvwst Denton Joint Venture. RELATION TO COMPREHENSIVE PLAN Thi# trod Is located southwest d the Denton Municipal Airport and the existing Special Purpose Activity Center. The development will be loc@W1 In the expanded boundary of the specw Purpose Activity Center to } include this tract. a This tray Is not•currently served by sty water and sewer system,.. The wafer distrfbudon system for this develo nwt will be provided through future wWd&a of city mains along IH•35 W and abrp Sonrhie Brae, In eooordenoe wfth the proposed Denton water distribution system plan. Current city plan arwWons the need for a futon 164)Ch main along the Interstate and a OWich main along BomN Brae. Sanitary newer collection servios for the dsvelopnw t will be provided through We SAWWon of city fairs akxhg Hkkory Creek and Roark Branch, in sysarhh flan. a aooordana with the proposed Denton wastewater oWect m The current city plan enNsions the need for a 21 -rich diemi W main Wong a Hickory Creek and a 244xh diameter main Wong Roark Branch. a :3 450.6 ACRE PD W&A #M N 1Q01 'a 1 Of 17 Fahnmru 01 ~•i f Jim CMRISTAI no. I 1! N, l 3 y. 0 A1nrORT nn. S~ a+ r O nEnfon mun►CIrAI AMPORT CORISM nOAD R; ROSRAWn 1 F.M. 2449 r i R o f 430.0 n ACRE ,yn TRACT i i y I f Jy~ 4A V bR I--------------- unt» ROAn I N I r-- I j "A Lt 11.4f000' t r~ i r LocATlon MA» f y SIZE Of TRACT The 450.8 acre tract Is comprised of three parcels encompassing ap quadrarns of the MW and FM 2449 Interchange. E Parcel 1 - 401.2 Acres Parcel 2 13.8 Acres Parcel 3@ Acres r TOTAL Acres A zoning legal description of these three parcels is contained in the . ` AppendbL ` . EXISTING SITE CONDITIONS The S4sfkg Site Conditions" Exhibit shows the topography of the tract, locaftl of major tree groupkgs. major power qrn easements, and the ii I Myw floodplain and approximate floodway ktft associated with Hickory Creek and karlc Wench. Mat of the tact has wry flat to mild slopes (1%-5%). The anus having ' Mopes of 10% or greeter as dekasted on the E:**V Sion Condwons 1 C`y~y yam. c' r:''llf.il{. DrarnsW vlaws ate avalnlable from ft high aw s~ d Poa* n y , 480.0 ACRE Pl) W&A I85.0N A.. 1 nl 17 e.l...... A 4 All 4• 9 m ~ ± 'Zi -till 'Pt J ~ ~ I I ' ,r 4 a , a[ av oruuo~~ uveg' am~o r i i riv r i t s r { ; Z ENO 16 k~ 41 , _ is x:a`y~: ■ fib/ ~ Y d •y, lyi ~ ' rtrwe. Wl 1 / 65ik. ~•"•r _ _ .n 1 rrr~ I ~ YW Aran ~ ~ l1GAf',011 RIAA ' 401.1 ft w y y ~ f r~ l`. l 1 C r i N N ' `r- er..s WI m VWl f177D KAMFt" ' AK AgN40 11h tmn i.. 1 VVV FU am a nmm so MR .r a lwlwtNn i 1 No- 11*0 mom Ufftb Iql trA00TnH / 1 _ IlIfl111ltPM IAAR Nf a 1 , Ifr f 450 t ACRE PLANNED DEVELOPMENy tAECiAl NOON ACtivlvv miltR .I cov Of DEMON lEeA7 ra II~ IMIMIII rY;aII MIYlY1Mlt i Le_1YL11A MEN AGLA51 WpbARY W I W u uru w nar EXISTING ..1'111...,.,.1 •011t• yrH IgLLerNrl liu. , MDClI 1 YI } A. MRCt1 1 II7Ae. Iw.wrlaNe M•QW tt MI WAIWYRMIW IAN IhIA llYlll NI•e i1H1 1 Il MMl1 7 11 t Aa Aft 0401"UVAAI 00 MOIy WTO SITE CONDITIONS 161AL 4SO6AA wwNnEN.A6:E1C1AYE~;~PIQ rt~wNr A wi ~ ti ..r 1 Y 7 . I I ' Q USES/DEVELOPMENT CONTROLS Existing land uses are agricultural and undeveloped, The General Concept Plan shows the approximate location and gross acreage of the proposed "Business Village" development envisioned for this "PD" as well as the approximate location of future primary arterial streets. The exact alignmentt of the easterly 6xtenslon of FM 2449 shall be permitted to b~el adjusted on the subsequent 'Developme t MW and/or "Detail Plan" which will be submitted In the future in accordance with ` Zoning Ordinance revisions currently under oonsideration by the City. The alignment shall be permitted to be adjusted, without amendment of this ordinance, up to 1,000 feet south of the location shown on the General Concept Plan if deemed prudent by applicant and City based upon future consideration of alignment constraints through adjacent eastem properties If consideration of possible connection of FM 2449 to US 377 Is evaluated. If the arterial Is aligned along an existing tree rive, the tree rive shall be preserved More possible within the median of the boulevard. r Development will be oontroiled by the general description of the various "PenW ted Ua Categorise" to be Wmtted within the %AkWU Village" (as described In the next headings), special "A*oency Relationstilps" for residential/multifamily u ms, the Bst of prohibited uses oontained herein, the overall "floor to area" ratio deArted herein. the City of Denton ordnenoee relating to screening and signage, the "Development Standards" for this PO (See Tablee), end the oovsnants, conditions and restrictions placed on development. The City of Denton Landscape & Tree Preservation ordinance in effect at the tine of approval of the General Concept Plan OW apply, however where no tree removal Is proposed, no tree inventory shall be required. This ordinance shall take precedence over other ordnances. Any Items not covered this ordinance shah be sublW to the Denton Z Ordinance. The developrnertt prooessinig. w4 the three step pla Zoning developrnent ith the amended Articler1po process adopted in 1 D1. be In accordance w The overd Intensity of development for the groea 450,8 we area OW not exceed a "floor to area redo' of 1.5 to 1 (1.5:1). The mbt of permitted Ouse categories' Win the "Businees Village' shd be regulated by the market requirement (ir>LWN freeway access, freeway vbibilky, utility svaiG Ifty) and other she and topographic constraints. , 450,8 ACRE PO W&A OSSM S of 17 Februarv R 14R t t 1 tf'/ 2 ~ inn • 1 ~ r•M.•w ~ I wrm t.~ r------ V W ~ .40 40'~r ' LAW UK NUN= Aa . , .r r 1 mmlmM MLY! ttiiltit At © kNl MMA Oil- f aN ~ ~dK pAMMO OMIOM~rT r f MtGAL hMMON AlTIYrtY OM/tfR aN QI eaM ma • 'Y •nH„• Irr~ N.A+M~i+u•lif•l•q•f' y I f. All MAMI'M IMO M, Y,M MAl W f~M GENERAL AAA~0.,MW NLL1a •hM ~M. = 017M AWl4 MY two CONCEPT PLAN -aars~~rw~swr i ~ i n,rwlr a nu ~ , i 'fir' ez i R lf i e1 i f . • L~ Ail l AF.,r■..~ nee~e~eTlAU AF pE_RMITTEO USE CATEGORIES wtTuw TH■s`■BUSIUEAA VILLAGE■ - USE - The major permitted use categories are listed aiphebodcaly below. Future Development Plana and Detailed Plans shall allow oombktati0r* Of the major permitted use categories. Hospltallty Uses i The Hospitality category will pravkie for facilities which offer transient koaing aocommdatkms to the general Public and which may PrO additional services such as, but not Imited to, rsaturants, meeting rooms. and reasation Iacilitiee. Use such as hotels, moths, and ; oanwntion/meetktgloonference facilltia wd provide support for the of"Ce, hatltutlon and manufacturinp/dlstribution use In the Bwinees Mips. Insdkdk" Um Tha kutitutiortal categ" Includes facilities for targrr goverrur> MWI educational, medical and cultural facilities compatible with busktae and industrial park Use. a. 1, 4 ` a ManufaeturinglDisWbOm Us*$ The category Permit the dwelopmntt of manufacturkWdisbfbution uses. Permitted wa vOide any ~ raidMtisUmultifarr~iy land wee Wed In V* and vwrehousN~ NM encourages rnarwhct~xkp, assembly facillues. Oflfce Uses The Odloe Uses cotegay (+Worv with kttartor seoondary support retail fs fti servktp the office entpbyees and guest such as W not Ilnlltd ~ to wnc4Ne, eatirq faciNdw~~ ~WANtOe " KWW for the IaMe MY Wo c"M of independent office development whidt are WOO httnr»d, am* oriented %c6tiss for service, ktdustrid, end ktstltudonallli relstd j1 wen. 450.6 ACRE PO 1 W&A tiOHM 7 of 17 vIbkm Mnr a 4604 i I _ GENERAL DESCRIPTION OF PERMITTED USE CATEQORIES WITHIN THE NBUSINESS Y Ll LAGE' (Continued) R"WenflaVMuldfamily Uses The re'klen Wmultifamily use category will provide for convenient nearby housing for a portbn of the population to be employed in the "Business Village". A mix of mid to high density residential uses will be Mowed (from $NIS family to mWtffamgy) and the residential uses wile be no more intensive than the parameters shown in the Development Standards Table. Every front yard of a single family home must haw a minimum of two hardwood trees prior to occupancy. If The special "Adjacency Relationships" for rm*Wj Wmuh mjV uses which are outlined below wile provide for buffering and prornotkg i compatibility with other uses in the "Bwlneas %A"". f - a 1. Reslde(TdaVMuttllamiy use tracts established pursuant to this ' ordinenoe shall be kx*od such that, at the dms of establishing such use, at least 50% of the total perkneter of the tract is 0*08M to one or a combination of the following uses: a) open spy' b) EWWV ResfdendWMuW%T y uses or AesidentlWMultHamiy i zoned property. C) Edsting or proposed arterial roadway or htm otate highway right-of-way, CO Exhft undeveloped property. i 2 No reefderttiWrrtuitihnr~ly use shall be iocatad adjacent to 1 mhuhchxhp or bulk disbIliwtion uses, unlesa $aid resfdentiaymuiftrtiy use Is separated from those uses by an arhrfal roadway or a rton4seklertial to naklerwallmutUfamy buk k** f bL"V separation distance of not lea than t So leaf. f 3. Additional bu" sefl & relaticrWoe, a) No rs WWI Wnwltihmiy bWdkgs"be permitted within 250 feet of the an W*w of fnteretate highway 3E W. 450.6 ACRE PD W&A #6a.o26 Boll? pohnloiv R IW T - - - Wr r... Masa~ i GENERAL DESCRIPTION OF PERMITTED USE CATEGORIES WITHIN THE'BUSINESS VILLAGE' (Continued) ResldendaVMuklfamily Uses (Continued) 3. Additional buDding setback relationships. (Continued) b) Residsndallmukihimtiy, buldings to be looted adjacent to undeveloped property which may later be developed for non- residentlWmuklfemily uses shad observe an 80 foot building setback from the common property pne. c) Non-residential/muki emly uses shah observe a minimum 100 " foot buiiding•to-buiidfng setback from existing edjacwnt $ ' : I residentWmuWwHy buildings. is d) ResldendaVmuktfan* loadings to be looted adjaortt to " existing non-rnW&*Wmultifsv * uses chap observe a 100 foot buldkq-to-bukAng eewack from &IWV a4soent non. r"WordW buldings. e) Screening wraps (If reciukad to uxeen rw4esidendW uses from i rak*n Wmukifamly uses chap be oonsvu&Ad by the nm residential user/developer. Ro%U Uses The retail uses category includes oortau* Mopping oentwn, automoble "Moss, and other retail srxi Personal w AM. The" fsdNw we =npaoble wkh the heeway oorridor and wN be %*I pl*vW 4) smerdty onientsd fadpdw designed to serve the mend population. TM 9 FW 11 Ntad uses exclude nsidentlaUlmAWw* uses. Recrea "Use Ttte M&VAMAVIDWObudon, Hoapkapty, Office, and kwAu*mW uses may have reonadonW fadldes to support the hesihh end waft* d empioyess Indu ft bid not Imksd to pN courvee, m*p.* bstl, polo, soccer, eta These typas of recreadonal uses are permitad N dW w developed In oon! vdw with the open apace and 1M'k4ent of ft ovwd pWrosd development. 430.0 ACRE PO WdA #83.028 ~ Qr1r47 Ce1~n~nie inns i ,r u';rrra.'~ 1 c .nx iaeueee~ nF 'RiPTION OF PERMUTED USE CATEGORIES WITHIN THE'BUSINESS VILLAOE_ (Co *vjod) Accessory Uses J A use of land or of a building or portion thereof custoMS* Inddental and I subordinate to the principal use of the land or builft and located on the I same lot with such principal use a the various major permitted use categories are parry tted. (Examples may hCkm:k but not be Wad to craning fsd ties and training housing.) DESCRIPTION OF OPEN SPACE USES r The Open Space within this planrod deve;Wwt shah contain 16% (or ovar ons.seventh) of ow gross land area In the existing 450.6 sae trail. The open apace will consist of at lent all Roark wand, Floodway and . those Mood prone area generally north of the first USGS etwation 676 y contour which Is eoWn of the of%" channel of HWk*y Creek. a The area along the edge of tM oriphal c wvW of Hick" Crook wpl j p vilds an deal aMgnment and location for a fu o 'riike/bike/p~desMan" tram. PROHIBITED USES 1 The uses Id*WW in this section shah be prot>iblted as the prt "use Of land on any lot or tract in the ftwrted Development. f r f Canons, kmo gypsum or plaster mon"fackw0 Concrete or asphalt batch plants (perl WM* WHO Contractor's yard Fat rendaft or anknal reduction FeNliar nnart Vdurirg Forge pbrs 0", ham, propane operations I Hall" ham i Hazardous andror to* don'" m*VJMCW" Ju* or salvage yard frtad" ahoy or uwlding 460.6 ACRE PO 1 WSA #8540 10 of W Fet+n 1Arv R 1 oat i r t GENERAL DESCRIPTION OF PERMITTED USE CATEGORIES WITHIN THE 'BUSINESS VILLAGE' (ContlnueO 3 PROH BATED USES (Continued) Mining or top" sWactlon Mobile home display or sales Paper or pulp martuhcxun Pawn shop s Petroleum products renting Radio or T.V, broadcast or mkxowaw towers ftilroad yard or roundhouse ,N Sexu* oriented busln@O" r ' Srneltlnp Of cc" or metals is Stoftwds or swightertmews .1' fie "t)welWnW Standards` which shah apply to ft Major Pwnftd usi r atsporiss In this 45018 sae Plarxed Dwe pTwt are s*hawi W in ft table on ue tolowirq ps0ee. t Soh . I y w' 1 di tt I " IL+ I I I, lY ~ ~ LEI . 450.8 ACRE PD r 1 W&A #8&OQ8 11 of 17 FetxuAn► A 1041 i 1 GENERAL CONCEPT PLAN DEVELOPMENT STANDARDS TABLE FOR HOSWALRY USES WITHIN A 450 E ACRE TRACT (HENRY S. MILLERK1F1 W / ELLIS TRACT) DEVEL. STANDARD HOEPRAMY i MML tot we SAC i s Mkt lot wlAh 200 FT t 60 l In 10 led from fN Aphl-0f wly it MIM Id depth HONE (1) The mk*yun Wk" sethack Is No PMV Front yva MIWac (1) !6 FT {z} Sd nd lo•ooNd hftV raft In coin rw mM od lot* D«Mon Mw*" Airport ; f ar Wd ulbooh (1) 10 FT (3) The CEy d D«ron hnd~gp ordrwra h.Li.a M ar MiM a ppdat a tM artOMd LMrMrN ; caa~pt Ptn wrl •PPN- , 1 (4) Pubic ullltlu. (w+r...+.rl wcpic. L.Mphun. o~e+a .fa) may a woiwd w Side ynd me book 10 FT Ahin E.Mn,M~k O wflkh rra loodwa wMil rry uldnp wiDnck M1 M r~M ddfrrfla. ~ rp 1, 41 g 4 C&M lot ngdrewnt SE FT Pi 04 r. Max WA" hsVd 20 swd" 4 mm MnL 1d oft**" oft ~ s MIL Soor to mrse mW I:An x 1 w.ww7 P«l sash p Ih" {IM r ~ NAA.tEeatlN ~ ' " OWN" 1i01fYp W~AN~IO• ~ Seem t't ~p ~ WfJ1,IE6-001 ~ us.~ FoY,' 8 19G1 120117 v ate, S ' f ~ r k Val 11 W w w %W b W 4v W W LW 40 Y W) W W 04 Y GENERAL CONCEPT PLAN DEVELOPMENT STANDARDS TABLE FOR INSTITUTIONAL USES MATHN A 150.8 ACRE TRACT (HENRY S. AULIER/( WN i EL US TRACT) DEVEL. STANDARD 64TLTLn1DNAL Mh to rr NONE W kg wldlh NONE Mh W dVM NOW (1) Tlr mhiam a,laNQ soft* mart b L H. MW Y 4011M from ft dgM44" ba w` No pr*hp Y pMniMd wMiY+ MiN 10 bol MWeck . From VWd AMEec+k (1) 96 FT m eu,II*~o NO mp be r+aw.d by 1 a la ..e+, Loos a. or haw. Up a 26 MOOK bat na w MoMdtr udim. hwyr tlo 40 h - nwd to dw wdon Wric4pal AYpal y Rrr "a see" (1) I O FT t Tie Cry of DWOM eoP or *WVO In col d ft *M d 4VMvd d ft aLpYxl G&Wd OMO* ohd tw. Y" Who& (L) 10" (4) A,OAc LOIN (w~ som.aft ~MCLAra LNpIfOn C~DM, NC.)m~y be bOd4d Iltli1 NiMlMflh i » r . *Ow m *601* S 96 FT MMCA we ba~Nd wl M OV AW V NLOhck h Ylh NOW" F MKpullfth*ft 4.1"M a; MYL b jq0 80% , t< y!. mm 9orn b iim no (FAIL 2I MM dwMhy ~ V hd" As A" la kiAkl=dft 20" nMiw~o4 j r . ` 11fIdI0lpY1Q i SONMilt9 8M , ' xl~ ~ WtA 045496 ~c. f~bri+rly e,1001 130117 - 'si GENERAL CONCEPT PLAN DEVELOPMENT STANDARDS TABLE FOR MANUFACTURINGAHSTRIBUTM USES %I" A 150.6 ACRE TRACT (HENRY S. MCWVWKW t ELLS TRACK MANL1fACTL1RMrO1 REVEL STANDARD DOTRmKrnON i E Mh W wo ZS AO Mh ld V* Ml 900 FT (1 ) The m"" lwAdYtQ Mb~ck mom b LK aeYY Ls 10It~t IrOm Mw Aplil-0bwq MfN Mh lot d~ph NGN~ No PON is pMrMMd wtMtln Mid 10 foot Eck fro111 yW ilbtir/f (1 25 FT b W =MMIpfS m Da m W HILT ma nkad to ft S MM , IN4 I m*mm M Darft Am yW owam* (1I 10 FT (a) The Cly f Omm irw.opM aawoo in.Ma st nM Ow of #wovW of n. &*W 06wW qG fte♦Vd Nbeck(1) 10FT `^^"'~!^L M me . t .r v .t f O&M 1M nqulranMal 96 FT (1) PLM WON bC~d MltillYf Jiely q/4110 !/*~ok tlUE~NfIdC~ N r1N' bCU~O Mif f I~1 ~~~It11NMa ' y y',. mm W" h4M 19 FTM ;y f Maki oowr w 7S% Mw. Soot b nM rMb (PAR) 1:1 MM dKo* PMiYIO ~Li ~br" F y ~ Hrw1~y D~rMon , Zw" 000w" :J t + La11d~01pkip i >loMlrMrg !M ~ W&A #0490 Ft~txwry 0.1001 ;r;=<' 140117 n L rt ■ ' ~►IYiIm~6DSl►bIVioww GENERAL CONCEPT PLAN DEVELOPMENT STANDARDS TABLE FOR OFFICE USES WITMN A MG ACRE TRACT (HENRY a MIUPNWLM i EUJS TRACT" REVEL STANDARD OFFICE Mh lot aM NONE Mh wt wkm NOW mk*nLo 8960* Mh kA dkl* NONE (t) The NO w PN*V y n~iiw0 whit 1649 od LN 0~ MI 40 NM from 1M "44" &W f ron ywd > (t) si>T t~ ANpf+ m.y a Irtawwd by I L for wbn W of Mtbak rtaww up a pb twodu eui na w ~rr nuitxrn httlpM abwod to owwn &w r41Md a tM DNrM A(irtkfpd AYpOR 1 AM yard Mtbuda 10 FT i =d n ordktttrta In Wed a thrr WN d Vpwd d t a oe#W Gmd Oft yW lftwk Ion (4) Pubb uweM, Mwa. pM _ MtdAc, tr' ' I ' l crw Mc)nty b6 bo1Nd w" wlNhMith Comrar w wgtiM>tr t 20 FT which & wMtN ~ 88661* M oblew In thk armrwtot► Mft buk" hWaN 49 "M Mpt. 1d oowrpl eft , r• MK IMM a ttrw w1o (FAM 3:1 MOO dw * Poo Al M1d Ow k. 1nnAtladit n CIA wtl Dorraat } C' 10fitp OIdnM101 F, r . +:.na.olMprtp i Ed.atkw » ~ . f 3 ~ ,I , . wu trea~oe " 160117 FsWuMy 6,1001 ~ , f y, ,ky ^M L V 'A , I ~ r ur 6~ m 6d 6d GENERAL CONCEPT PLAN DEVELOPMENT STANDARDS TABLE FOR RESIDENTUU./MULTIFAMILY USES WITHIN A 450. ACRE TRACT (HENRY S. MILLEWRl1S8 i ELLIS TRACE) RESIDENTIAL) DEVEL STANDARD MULTIFAMILY lfl NThe mk*mn o PW" Is p ad wkhki V" 0 self dw is 10 W hen the Aphtcl-wap Wv. Mh b1 ern 5,000 S4 FL i2) M Y ; Ir prwl« am 2 storl a mr yard "lo a10 R W Moh 2IL Mh bf wldit 00 FT (s) d SAY K yrwlw #m 2 a- m 1, Nda ywd equalto on @% par each 2t Mh lol depft 100 FT (1) The CMy d Ow kn W Ooc"s w wtow in OW al fw *no of Cortoapl PMa ahem appry approval dfN odpYW Oanwal Fraf ywd aaback (f l 26 ft (8) Adjo wky robdonWdpa for rasiderdaymuNfamiy um: Raw ywa aefbecll (Up) locad M F A utr rna - I h l IlMwu a p°f d'"'a wlnwW ol f ails "ot b such adlacwt b one or a tb wkA of tlr IoMOrh>0 LOW 4 FT SW yard aetbeok (f)(a) M F.F8 i sss}}} SON& v b) ExIeWou AaidwwyW wa or PAskiorlal or :ad ptap". arpopowAm" wey. Corner bt nquMentertl I S FT d}) Ednbp wWwWoped prowyp or Nlwalale rl 40M B. hb waldarahllbradfarttfy use dw be lwaw adlaowt b mwug"slnp or bulk d* 66" S.F.-rA Slodo wax, urllaaa sold naldwa use w hom ffaM wN by aA awrI roadavy Mac buldn8 hoW M.F.41 Slod a 0(610H naldwtwi b naldwrWmiifwMy bu *v iciaOuMdnp "Waft dMlarloa d not w" ow 1001x1 Mac bl o0wnpe 10% C. AddNorW buIcanp eslbadt rdaYonalrpa. Mac Socr to an rafo f Af4 - a) No mom tx+idrya anaa a perrtiNd wNfM 2!0 hM d the owrwWr of mdo "o" 35v b) RealdwWaYrwrMlia Ofddlrtp b loealad edMlowd b aldavMop~d propwly winch Mac dwnly 20.0 DtAfAC mq_IMw a aavalgted to wee eMl ooeerre an 10 foot btd&V eatbeck ham"O&WT t oft A& O W br c1 eatbadt Mnm y ehY R" 100 bd buAdoSO&MV rwiano InAiLlIfid0d ~l Rand eurdrwa b a i°°a10 ~ a 100 foal buSdYq~bb bum ,104 raatdarW ni~Mrwriy ww sham obeaw uldlrq MMDodI honF 2°^NO fidaYttp adl~a a ragtAo&uk*ftio wt i+or►+aaldwwal ww from nMdwwl muww y wM a p (be I - by ft 901400dwrlal wwld&w$l*wr. wfr" wbobo" wrhM my 6Wkk *«IbealbMd° In th" ef ,saAoel°°wd"MIYt wwl~a AdMowtoy ReNforrl~ BM l~ ~ 18of17 F flbfWiy eS 1100 " ~ t a fa y M GENERAL CONCEPT PLAN DEVELOPMENT STANOAHDS TASTE FOR RETAIL USES WITHIN A 150.6 ACRE TRACY (HENRY S. MQLET;IORlXM & EL LIS TRACT) t k I DFVEl.BTANDAfiD RlTAfI Mh btam NONE Mh IN Witt NONE Mtn W WAIL NONE (1) The Mk*nun bti~q Nlbak p~aaw a LH 56W N 401Mt 6om to FW-d wt' try, No PS" V N PomtlMd wflrn tlrN 10 foot WMbwk FMII YW AW*A (1) 26 FT ' (2! tIw aN of Doff % ~ "andhta w In WM M fIw 0m* of *A%& N aft* &OW ON" Corto~pt PW Nr15pp11/. PAW yard setwk (1) 10 FT (3j PuClo Uum" t~..~w, pr Oki" kpd o a cl «e.) rt~ a taawe Mr~ln ~Mr~1~Y WAldt w bow! w" tart' u6 Iraq 88040 f+M~O~frd In IhN 0rairrba Jira, yard @Wmk (1) 10 FT t, q cam lol fdoam 0 26" Mart bA tp tow 43" r.... Mnc 1q ooNtaprr 001i / r'r MK 0o0t fo mii NO (FAM 0.0:1 MNt dav* As bftd Mr Iwft a M,- W&A #440 17 0117 F*bru&y 6,1 On1 9~~ j~,,' 1 r LxatV' j i" 1 i i , . APPENDIX .P Ai • Appkation Form for ft med Dov*pm#M DWtti r;~ ' i ' ' , . ' ' • L*0 Dacriptlon of Edt*O Pvab / / f r , p:. 44, 1 T C.4 J ~ I1 rf Y kt I Jpj~1 ~ y 5 ' 31 ~ , .f . r 1 w ~r 1 a[ ~ r . l ~f, 411 py•i' e cuc.. off j l !I F~ r . CM of DIN?ON APPLICATION 1oR PLAMMID DIYILCl01211? DISTRICT Applicant's Manes MSM Tne., Trustee Status of Applicants _ Trustee Address) 2001 Bryan Tower, 30th Floor 1! City and State) Dallas, Texas tips 7 1-21 Telephoner 214 i 748.9171 t a. Signature of applicants Dater Ovner's Names _ HSM Inc.p Trustee fQr South_wd4t Denton Joint Ventura Addreaer 2001 Bryan Tower, 30th Floor , City and Stater Dallas Texas tips 75201-2 it Telephoner j 2 t4 1 748-9171 1 certify that I so the orrret of the property described in this J ~ petition and that 1 J. xikel Reynolds Is authorlood to the this application an by behalf. r 11 2ilmature of Owners Dater !D ` filing r Concept Plan A' (oval or Detailed Plan Approval of AmeAd"At Theretor 018000.00 plus $50800 per acre of part tboteof) 44,000,00 milieus I Address and/or location at request 430.6 roan acres in the S.A.-Pritchett Survey (Abet. 10201 JAS L. Harris Survey st. , an the A nonsoa urvay (Abet 401 ISlsting Selling None, property in M i Annexation is progress Requested 244169 and prep 44 land use (it knorn) Planned development E In special purpose activity center. , d• Sae a pre-deaifn conference application teen sukeitted? r,Y,joS is this a plan tot an existing planned development ltss wo, inset is the number of the es11tin9 planned davelepmant? yi♦ let ordinance Auebef) ab ~ ,S'r 1 ~ ~oNING LsG a, ~acRIPTION TSUI PARCILS COMPRISING 450.4 ACR:S (KINRY s. NILLBR/GRUSD a 1LLIe TRACT) BEING all that lot, tract or parcel of land out of the JAMES EDMONSON SURVEY, Abstract No. 401 and the JAMES L. HARRIS SURVEY, Abstract No. 555 and a part of the S. A. PRITCHt"r SURVEY, Abstract No. 10211 situated about 4 miles South 35' West from the courthouse in Denton County, Texas; and embracing Parcel No. 1, Parcel No. 2 and Parcel No. 3 described in the dead to Henry S. Miller Company recorded in Volume 22400 Page 481 of the Denton County Dead Records; n. PARCRL 1 BEGINNING at the Southeast corner of said J. E. Edaonson Survey in the middle of a County Road for the Southeast corner of said Parcel r No. 1, from which an 8" pipe past bears N 88' 50-1/20 W, 30-5/10 feet; THENCE N 88' 50-1/20 W, to and along a fence for the South line of-said Parcel No. 1, a distance of 2,658-8/10 feet to a 1-inch iron on the West side of a corn er post of a fence, for the Southwest corner of said Edmonson Survey and the southeast corner of said S. A. Pritchett Survey and Southerly southwest corner of said l Parcel No. It THENCE N 00' 33' E, along the common line of said Edmonson and Pritchett Surveys for the Southerly West line of said Parcel No. 11 a distance of 20217-5/10 feet to a i-inch iron on the Zest side of an old 30-inch oak corner post of a fence for a reentrant corner of said Parcel No. It t THENCE N 89' 07' W, along a South line of said Parcel No. 1, a distance of 1,997-5/10 feet to a 1-inch iron for the Westerly Southwest corner of said parcel No. 1 and the Southerly Southeast corner of the 42-526/1000 acres tract described in the dead to the State of Texas for highway right-of-way recorded in Volume 5290 page 530 of the said Dead Records; 1 THENCE NORTHERLY, along the Westerly line of said Parcel No. 1 and Easterly line of said State of Texas tracto 1. N 27' 240 E, 67-4/10 feet) } 2. N 30' 310 E0 399-9/10 feet to a damaged highway monument; # 3. N 77' 380 to 312-5/10 feet to a highway monument; If } 4. N 27' 430 644-5/10 feet to a highway monument) S. N 17' 370 N0 163-1/10 foot to a damaged highway monument} 6. N 62' 280 W0 139-2/10 feet to a highway monusont) 7. W 27' 260 426 feat to a highway monuisenti ' ! 8. N 22' 230 E, 99-7/10 feet to a damaged highway mo4wment) 9. N 27' 370 2, 10270-5/10 feet to a i-inch iron in the North line ! of said Pritchett Survey and for the Northwest corner of said Parcel No. It 1 ~ n \ A" . I, .1 .1 All 7 y 1 ~ i THENCE s 89' 020 E, along the said North line of Pritchett Survey, to and along the North line of said Harris Survey, for the North line of said Parcel No. 1, a distance of 3,061-8/10 feet to a 1- ! inch iron for the Northwest corner of said Harris survey and said Parcel No. if Thence S 00' 08' W, to and along the said middle of County Road, being along the East line of said Harris Survey, to and along the Bast Yf'. line of said Edmonson Survey for the lost line of said Parcel No. 1, a distance of 5,299-2/10 feet to the PLACE OF BEGINNING, containing 401-23/100 acres of which 3-96/100 acres lie within said County Road, leaving 397-27/100 acres exclusive of said Road. PARM f y BEGINNING at a 1-inch iron on the Northwest aide of a corner post of a fence for the Northwest corner of said Parcel No, 2 and by previous deed call to be the Northwest corner of said S. A. i Pritchett Survey, Abstract No. 10 21t THENCE S 89' 020 to along the North line of said Pritchett survey for the North Tina of said Parcel No. 2, a distance of 1 602-6/10 feet to a i-inoh iron for the Northeast corner of said Parcel No. 2 and the Northerly Northwest corner of the 42-526/1000 acres tract described in the dead to the State of Texas for highway right-of-way recorded in Volume 5290 Page 538 of the said Wed Recordst • THENCE SOUTHWESTERLY, along the Easterly line of said Parcel No. 2 and R Westerly line of said state of Texas traott 1, S 27. 330 W, 789-3/10 feet to a damaged highway monuments 2, S 37. 330 N, 405-2/10 feet to a highway monuments 3. s 27' 44-1/20 W0 424-4/10 feet to a highway monuments 4. N 62' 240 W0 490-2/10 test to a damaged highway monument for a Northwest corner of said State of Texas tract in the North line of the right-of-way of the Denton to Ponder Reads THENCE N 61' 520 N, along the said North line of right-cfway of the Ponder Road for a Southwesterly line of said parcel No. 2, a distance of 423-8/10 feet to a 1-inch iron for the Southwest corner of said Parcel No, 2s , THENCE N 00' 530 E, along the West line of said Parcel Ne. 2, a distance of 996-8/10 feet to the PLACE OP BEGINNING, containinq 35-6/10 acres, 1 i PkAC- BEGINNING at a 3/4-inch iron for the southwest corner of said Parcel No. 7 and being by deed call in the west line of said S, A, Pritchett z, i' j eurvey# Abstract No. 1021; THENCE H 00' 33f t, along the Most line of said Parcel No. 3, a distance of 1,963 feet to a 1-inch iron for the Northwest corner of said Parcel No. 3 in the Southerly line of right-of-ray for the Denton to Ponder Road; THENCE 8 62. 171 E, along the said Southerly line of right of-way, for r ` the Northerly line of said Parcel No. 3, a distance of 372 feet to a highway monument for a Southwest corner of the 42-526%1600 ~r acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page $36 of th ~ Deed Records/ the said i r THENCE SOUTHEASTERLY and 80tJTHwEBTERLY. along the Easterly tine of said Parcel xo, 3 and said westerly ~ine of State of Texas tracts { 1. 8 3S' 26t Is 206-5/10 feet; 20 S 6. 10-1/21 x, 204 feet to a 7/8-inch front 3, S 27' 391 w, 400-2/10 feet to a highway monument; i 4s 8 27' 410 s, 351-5/10 feet to a damaged highway monuments S. S 27' 401 w, $96-3/10 feet to a 1-inch,iron for the Southeast corner 'of said Parcel No, 3 and the Southerly Southwest corner of I said State of Texas tracts THENCE N $90 07? w, along the South line of said Parcel No, 3, a distance of 47-1/10 toot to the PLACE, OF W41NNiNO, containing l 13-53/100 across ~J 1 ~ 1 y 1 i OP . Y ° 'L ILA' f mom, t ATTACHMENT B DENTON MUNICIPAL AIRPORT HEIGHT LIMITS AIRPORT f 1, J f1f1 t..~• ' u~r•Ir'~1',rr I I I ~ ~ 1 ~ I Ill r~ •r I i ,Y 1 ~ I I 1 C 1_1 ~ `f/~•' IPM r ' . _ NSIGNT LINST IB S AN tLtVATIOIf 0~ NOT TO txC8= 790 rSST MW I a SEA Lem$ ~ ,1 e 1 N1IM LIMIT II 700 j , I X11 { ll . \ TttT NJ.L. PLUS On I /'x~ 1- I TOOT along TOR AWAY f~l` 70 tan or 10RIIONTAL T71 I 1. BUILDING NtIGNT COULD Bt 115 fIRT I?~ 4, • ABOVt TNt GROUND. ..l 7, BUILDING COULD at 1 •,~j'(`t f, , 700 tttT ABOVt ° , (r /~I ✓ ' - 1 TNt GROUND. '•~4t; f L• , ~ r f1 .I ~ I I / 1 I ml 6 NO 08I011 LbUI ' I t ♦ r...'r I ♦ • INDUBT'RIAL, AND y '~;I I ARAW INDU/TRIAL w IONINO DISTRICT!. 1'rl I JI a /d1. I ~ T~ ;t K 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOGNIZING THE PETITION OF FLAW REGIONAL MEDICAL CENTER, INC. TO BE DESIGNATED AS THE RECIPIENT NON-PROFIT ORGANIZATION TO CONTINUE EXISTENCE AND ADMINISTER ASSETS IN LIEU OF DISSOLUTION OF THE FORMER FLAW MEMORIAL HOSPITAL) AND PROVIDING AN EFFECTIVE DATE. s WHEREAS, in Decembor, 19901 Flow Regional Medical Center, Inc. (the "Center") filed with the District Court a plea in intervention and a motion requesting that the Center be designated as the recipient organization to continue existence and administer assets in lieu of dissolution of the former Flow Memorial Hospital; and 4 WHEREAS, in the above-referenced motion, the Center advised I ' the Court that Flow's assets presently consist of cash in excess of $250,000 and a note receivable for $1,900,000 and that the Center is the proper recipient organization to administer these assets and carry out the intent of the H.E. Flow Will and provide, insofar as II it can, for the health care needs of all the people of the City of Denton and Denton County, Texas regardless of their ability to pay !f for such care; and WHEREAS, the Council is advised that the Center may request that it be designated as the recipient organization of the assets of the Flow Foundation, which presently consists of approximately one million dollars; and WHEREAS, over the years, the City receives, on an annual basis, many requests for funding from agencies who provide health re'.atsd services in the City and there have been, and will continue E to be inadequate tax dollars to grant these requests and provide funding; and WHEREAS, the Council wishes to command the Center for taking steps to ensure that the above-mentioned funds will be distributed to nonprofit agencies providing health care services located within the City and the County regardless of their ability to pay for such care, and thus, establishing a significant resource for agencies providing health care services to the citizens of the City; and WHEREAS, the Council wishes to express that it does not wish to object to the Motion filed by the Center, and indeed, views the requested designation as the commencement of a new era in health care funding in Denton by the Center's taking a lead role as the primary funding resource for non-profit health care agenoiesl and 1 1 j f WHEREAS, in making a determination not to pursue an objection 4 to the Center's motion, the City council believes it appropriate to also relinquish its role as a direct provider of funds for health related services in the futurel NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council commands the Center for taking positive steps to ensure available funds to provide for theS future health care needs of the citizens of Denton, regardless of their ability to pay. SECTION II. That the City Council recognizes the Canter as r taking over the role of the City in providing resources for non- a profit agencies providing health cars to citizens of Denton regardless of their ability to pay. ".nr SECTION III. That this resolution shall become effective immediately upon its passage and approval. { r, PASSED AND APPROVED this the _ day of , 1991. BOB CASTLEBERRY, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY ?i BY s j I APPROVED AS TO LEGAL FORM► DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt ~S Y , v~ v PAGE 2 ,f 'Y ) )r DATE: 03/05/91 CITY COUNCIL REPORT FORMAT t TO: Mayor and Members of the City Council E i FROM$ Lloyd V, Harrell, City Manager SUSJBCT: t-90-013 RECOMM_ SNDAT10Nt The Planning and toning Commission recommends approval 7-0. tqs { SUMMARY Bee the attached report, The proposed development will not limit the expansion of the Denton Municipal Airport, r t i BACI(GROURO: k see Staff Report. ~y+ tt+ A° PROGRAMS. DEPARTMENTS OR CROUPS AFFECTEDi City of Denton I.. FISCAL IMPACT: Re Vtf~ullyisute~}t/tedd r Prepared L10 d v. Harrell city Manager ,s Reran Pesharl ll. Urban Planner App veal I Prank H• A 11a, AiCP s BReeutiva Di nclor Plannlr}g and Development { 2571x/2 f ~ r ;a", r i l I; } a \ i x3 A.' 1 f .fir 2 y 1 i r~ r'. 1 I q f 'ABM y n 11 M1 i i 1 i I junta I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEN TON, TEXAS, APPROVING A CHANGE FROM i` AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLAS- SIFICATION AND USE DESIGNATION FOR 920.4 ACRES OF LAND LOCATED ON THE EAS' SIDE OF U.S. INTERSTATE HIGHWAY 35W AND BOUNDED GENERALLY BY ROARK BRANCH ON THE NORTH, ALLRED ROAD ON THE SOUTH, AND HIGHWAY 377 ON THE EAST; APPROVING A GENERAL CONCEPT PLAN FOR THE DISTRICT; tA' PROVIDING FOR A PENALTY IN THE AMOUNT OF $20000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 4 WHEREAS, Hillwood Development Corporation, Inc., A Perot Group Company, has applied for a change in zoning for 920.4 acres of land from agricultural (A) to planned development (PD) z ni gadistricl f classification and use designation and for approval of concept plan for the districts and WHEREAS, on February 27, 1991, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning and ap- proval of the general concept plan; and WHEREAS, the City Council finds that the change in zoning and ento approval of the qe ral concept THEREFORE) be in compliance with the Denton THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS& axcTloN i. That the zoning district classification and use designat~n of the 920.4 acres of land described in Exhibit A, at- tached to and incorporated into this ordinance by reet is changed from agriculture to planned development (PD) zoning trict classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. j =UON I . That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the General Concept Plan for the district in accordance with article 11 of Appendix 8- dt~ Zoning of the code of ordinances. ff&2jQN Iii. That the city's official zoning map is amended to show the change in zoning district classification. ,a~CTION IV. It shall be unlawful for any person to violate any triction imposed upon the use of any lan under the condition or Ns d provisions of this ordinance and any person found to be in viola- tion O, Each s hallo a violation occube fined rs shalla sum not exceeding $2fO constit to a sep&- $2,000. Y rate and distinct offense. i ~ •A rNA w'' a 7..• 1 SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lisped twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of `f its passage. y' PASSED AND APPROVED this the day of , 1991. r ~ ~ ` Jre BOB CASTLEBERRY, MAYOR r. v q ~y! ATTEST t, JENNIFER WALTERS, CITY SECRETARY BY$ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY " d •"dC BY: [ 1j < I M 1 l i r '1 d,r 1' sf [ F ~r f4 l r 1 r r b, Ir - . ' ICY PAGE c~r~Jlf. 1 ;r t 4r; r r I C 1 ..1 'r l't I d 0 s t i EXHIBIT A 1 of 3 TRACT I BEING 917.600 wan of land situated in the 8.8.8.&C.R,R. Survey, Abetted No. LSE, B.&BACA.R. Survey, Abstract No. L39, B.S.B.&C,kit. Survey, Abstract No. 160, 0. Petttyek Survey, Abwad N,.% 104L sad the S. t Pritebett Survey, Abound No. 1021, Denton County, Tawas, said 917.600 was being asm WIculatly described { u follow: s . ' BEGINNING n1 the northeast comer of the 8,833 C.R.R. Survey, Abetted No. US, sad point also being the f owkweu corner of the W. Smith Survey, Abound No. 3182 of sfonedd couay, uid point also being la Johnson Y Law ad Paine Road; THENCE S 00'02`39'W, 0618.27 feet do" the cad No of the said &SAA C3t.R. Survey, Abound No, L%- .r THENCE N W32 WW, 2290.84 W4 THENCE N 00"31 WL 497.35 tog, F , THENCE N 89 NSOV, 274.12 feet to the east rig 4-wsy of Isurstets Highway 35W; THENCE sioeg the "a rigM4 way of iateestate H#"y 35W the folawleg eak 3 1. N 29"SSWT, 64736 feM; 2 N 24'1914602, 200.06 fur 3 N 19'3739"4 2,716.63 hr to the be**$ d a carve to t1e kR kw"6 ti" Of 11,301.73 feet, a annual angle of 0MIC s earl beaitag of N 21'209% a ebord distance d 623A/ feet 4. THENCE slay sad are 6230 feet' S. N 26"S1'U% 2,14754 feel i 6 S 89'21'18'4 M78 fear 7. S 7!'34101"4 71.35 feet 1 S W46"3l7, 00.17 fief y. N 72"31'49"2, ZIA he4 10. N 17'13'707, 5161 leer It, N B➢!lOrQt'IV, 22933 feet 11 N WW14'W,16 A hst; L3. N 33"32'LL'N, 211176 her 14. N 71'52417, 9,16530 bank { u N 9P44W% 700.08 parr 16. N 2r11t*A JMA3 bar, ~ 17, N 81'76'1!7, 400.10 ~ i .7 17, N 229TH 900A hat ~ 200 tf11'!4'>;l7. 820.85 ~ E THDX2 9 8i'!4'01'41997,ES bet to it pair b As amt Ilse of IM J. Etboneon 9wM, Ab*W No. 04 TH&KI ! 01rwr& 2417.85 br to tb sowh"d aco w of 66 new I. "mom se"Y' THENCE 189'3g'41'E,1,6"1i.76 het song the Wd Sae Of the Ball J. UNIDO os Swr.p to 4 POW Is Horde j No Roedr L., n .-..-..nom...:... 4YiN i E ~ • EXHIBIT A ` ( 2 of 3 ) ^ E t r THENCE S 00'.WWE, 3,263.00 fat with EOnie bra 11oM 10 a point ii Aped Rad; i• THENCE N tifl'2? "W, 3;609b1 feet with A*W Roes A a wkk Aped ROM; THENCE N W41WW, 2,12209 fat ^ 1 THENCE S 00 W$rW, ?,b39.77 (at, to a POW's lob"" Lane: THENCE N W rPU"W, 2X3.7 feet to tb POWT 01' WINNING eed eoetaiuiy 917x600 ma (34,fr10,83 i " ' aquae fat) of WA eloPo or We& x , r '1 i. Y . 5lf*j ~11 f T I s J yF I. I n S N r. tl e 1..w s 4 J'F ,,tl r ki r TW- wool i r . EXHIBIT A ' ( 3 of 3 ! TRACT I I - t lE1Nd 11~ we tried o(lNA dtwmd is the l:. Tinto Survey, Abarset No. 444. Data Cowry, To" ad DM yen of a galled 64312 "m tract duo-bed is deed frog W.L. Oma y et ux to Alm Mdb W& v Tend, Mid 2~2 agree Was more P +'IY M recorded is V01ame 3111 Tye 41, Deed Roo** Deatoa COMM deaa+'bed u (01106% r;} BEdINN[NO at the mat mmdwly wwbud eater of the mid 031ti aen tnet; a • 3i~ ' T ,'a s r * T rlpNa NV13`134W, (get t0 Beet •W •^q IYmaa •'Y^q , t i i • , THESM NMI'JM u3A6 bat awq uid out rwot-wey 8a of lalatmN HOmay 33Wi , THO CI N=710Y4M 500,93 bat doq Mid east ri~bt ol•way SN of Iamrlau 4iiomaY 33Wi r, AO I 17W40 N "$M 10693 bat; (12T~f11'q. . E 3pp~'OOrI, bt x fm to the Powr or dtdlNNara w maai.i.6 2A sa« of WA mat at bna a ' a ~ r r. Cie r» y r, . •s!1 1 i r Y ' r r (I EXHIBIT B 1 GENERAL CONCEPT PLAN FOR HUNTER RANCH BUSINESS AND INDUSTRIAL PARK 1. Relationship to the Master Plan. This property is located in the "Special Purpose Major Activity Center" designated for the 7 Denton Municipal Airport Area. This center is intended to encour- age the establishment of an industrial economic base in southwest r` Denton, which is compatible with the concept for this Business and Industrial Park. The rail and freeway access dictate that this tract should be developed for commercial and industrial uses. This will provide a major village according to the "Village Concept" described in the Denton Development Plan. The surrounding area is proposed for Low Intensity uses, primarily single-family residen- tial and multi-family residential uses with a network of small con mercial and public facilities centers to support the residential uses. 2. Siva. The district has 920.4 acres. r 3. Terms. Terms used in the General Concept Plan shall havy the meaning as defined in the code of ordinances of the City of f Denton, unless defined in this Plan. I 4. Ordinance governing. This District and General Concept Plan ! are approved in accordance with and shall be governed by the provi- sions of article 11 of Appendix B-Zoning of the Code of Ordinances. S. Permitted uses. The following uses and combination of uses are permitted. (a) Manufacturing. This classification permits the develop- ment of manufacturing land uses and excludes any resi- dential land uses and the prohibited uses listed in this plan for the business and industrial park area. This classification encourages clean manufacturing, assembly and warehouse and distribution type facilities. (b) Commercial. Any proposed use or proposed mix of uses, including multiple dwelling unit development and hospi- tality uses, except manufacturing. Multiple dwelling unit development is permitted only when approved in conjunction with and a part of commercial development. The hospitality uses will provide facilities which offer transient lodging accommodations to the general public y and which provide additional services such as, but not ! limited, to restaurants, meeting rooms, and recreation facilities. Uses such as hotels and motels and conven- tion and meeting and conference facilities will provide 3: T-- i General Concept Plan-Hunter Ranch Page 2 support for the office, institution and manufacturing/ distribution uses in the district. (c) OffLos# office type uses with support retail facilities. servicing the employees are encouraged as support for the manufacturing and commeroial uses or as independent office developments which are well planned, amenity oriented facilities for service, industrial, and institutionally related users. (d) Retail and Service. Any establishment whose primary purpose is to provide goods and services to the general public for their use or consumption. The permitted use shall exclude residential uses. (e) institutional. Governmental, oducational, medical and cultural facilities are compatible within the business and industrial park except for residential uses and those prohibited uses listed in this ordinance. (f) Recreational. The manufacturing, commercial, and inati- tutional uses may have recreational facilities to sup- port the health and welfare of employees. These types of recreational uses are permitted if they are developed q in conjunction with the open spaces and intent of the overall planned development. i (g) harm and Ranch. Farming, ranching, and agricultural type activities are permitted in the District. (h) Accessary Uses. The use of land or a building or p. portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use are permitted, 'r 6. Prohibited Uses. The following uses are prohibited in the districts Cement, lime, gypsum or plaster manufacturing i t Cemetery Chemicals and allied products church concrete or asphalt batch plants (permanent facilities) Contractor's yard rat rendering or animal reduction Fertilizer manufacturing Forge plant r j~~ General Concept Plan-Hunter Ranch Page 3 Gas$ butane, propane operations f'. Halfway house Junk or salvage yard Machine shop or welding Mining or topsoil extraction ; Mobil home display or sales Paper or pulp manufacture r' Pawn shop Petroleum products refining junior or senior high school) Public schools (elementary, i Radio or T.V. broadcast towers I 1 Railroad yard or roundhouse sexually oriented businesses Smelting of ores or metals stockyards or slaughterhouse 7. Devalepsent standards. ) r` roert (a) Manufaoturing. The development standards shall btfas follows, 5 designated for manufacturing uses Minimum lot area 200 FT Minimum lot width NONE Minimum lot depth 25, Front yard setback: 10 FT Rear yard setback 10 IPT side yard setback 1` Corner lot requirement 25 4z FT Maximum building height 75t Maximum building coverage it1 Maximum floor to area ratio 1 Sp/1000 sF Parking of floor area *Height may be increased by 1 ft. above 42 ft, for each oi fte oot of rear yardfsetba ksnup to a maximum of a stories, property b ComoroiaL The development standards eas for folloWror1 designated for commercial uses shall ll.' Minimum lot area 5 AC 200 FT 1 Minimum lot width minimum lot depth NONE 25 E s Front yard setback 10 FT Rear yard setback 10 FT side yard setback r , Z 1 t General Concept Plan-Hunter Ranch Page 4 A Corner lot requirement 25 FT Maximum building height 20 stories maximum lot coverage 50% Maximum floor to area ratio 211 Parking As listed for each permitted use in the Denton Zoning ordinance. (c) Office. The development standards for property desig- nated for commercial uses shall be as followst Minimum lot area Node Minimum lot width None a' Minimum lot depth Non* t, Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 10 FT Corner lot requirement 25 F'i' Maximum building height 20 stories* Maximum lot coverage 50% Maximum floor to area ratio ail r Parking 1 SP/300 SF** of floor area R" *Height may be increased by 1 ft, above 20'stories for each one foot of increase in the front, side, ' and rear yard setbacks, up to a maximum of `40 14 stories. **1 Space/250 Sq. Ft. for clinics or doctors) offices.' (d) Retail. The development standards for property desig- nated for retail uses shall be as followst -0; Minimum lot area None Minimum lot width None Minimum lot depth None Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 25 FT Corner lot requirement 25 FT Maximum building height 45 PT Maximum lot coverage 50% Maximum floor to area ratio oil Parking As listed for each permitted use in the Denton Zoning ordinance. 5=., eEJ n 1 F , ~a 1 General Concept Plan-Hunter Ranch Page 5 (e) institutional. The development standards for property designated for institutional uses shall be as follows: V. f Minimum lot area None i y, Minimum lot width None d. Minimum lot depth None Front yard setback 25 FT k e + 'A Rear yard setback 10 FT ' Side yard setback 10 FT Corner lot requirement 25 FT ' Maximum building height 45 FT* Maximum lot coverage 50% ` Maximum floor to area ratio 211 Parking 1 SP/300 SF` of floor area *Height may be increased by 1 ft. above 20 stories for each one foot of increase in the front, side, ~r< and rear yard setbacks, up to a maximum of 40 '?kI stories. (f) setbacks. The following setbacks shall control over any. other specified setbacks (1) The minimum rear and side yard setbacks shall be r: • twenty (20) feet for any land use abutting a multi f, family zoning districe or property' used for n multifamily dwelling. (2) The minimum setback for buildings and parking'' facilities shall be forty (40) feet from the right- of-way line of interstate Highway 35Vb (g) Development Intensity. The overall intensity of devo lopment for the gross area, 920.4 acres rhall not exceed a floor to area ratio of 1.5 to 1. (h) Denton Airport Zoning Requlationes All buildings and structures within the district shall also be subject to the height limitation of the Municipal Airport zoning Regulations and federal regulations. (i) Calculations of t.AfRe Parking facilities shall not be included in calculating floor to area ratios. i 1 err'.. _ ~r ff General Concept Plan-Hunter Ranch Page 6 (j) Road AlIgmsats. Adjustments in the location of roads shown on this plan may be made without amendment of this plan if approved by plat or a development or detail, plan. (k) Landscaping and Trees. The regulations of the Dinton Landscape Code in effect on the date of the approvil'of w. this Plan, shall apply to the District. la , • lr 'k + L WjP A ' + i y ; J y 1 iv q. 4 c ,~y 1 Y t l 5 y 5. n1 f h mtte 's r Y 1 t. Y. Y5 k ~Ar, L f 1 ~1 PF q SM:; 9 1 a r Tad _ • , , 5 NO ~V. f>t 71111-- 1 1' M *Am" Ito II1/ f I Y%I M AMl9YN } / I Y I k 141021, RM At A LATIM Wn r* I p• / l `~7~''~r I 1 J `L 1 1 I .tom 1 T t t" I"~~, i y I lr '~~o ' ~ .fill ' ~ I !i •l".,. w. ~ ~ ~ 1 l J TI r I S pwk ~ ♦T. ,`..\~,vtS~.. ~~i~ j ! ~yi err' ~ I I 1 I ~ I' I 1 1 ; N~ t , ,5.~ k r i; alt ,',I r ih.rrcK 'UA Ie I, IWWIWIGeM AaWw MIS W. CJ ~ILr'I i + i 1 u+ho- i ~ w. u1rLm r,ILu l JAL ~ 1 ~ ~fl, l ~ I f ~ J ~ i ~ l1 1 . I y / II I =l l . - ~ ~ R ,y nl,a, r II, 1 r, 1 r ~ ' ~ ~ ` • 1.'04,1 V^ v oS•'' I lu ~lct Itai h ~~ss ' Aix~ Indusit al at liammmlijoot.'ktnrtrwrt,rtnlM~ l • ! ` i , 1\ n rr lNtl a1MfUr IINW?A" M I A I N.I 41 , I / _ V 4 1 r 13~/I it f j{ I 4N 11 1AAS1 171311 k. 4 ,T'.~~.1ti11tafY i V ~ 1 Y r..~ M ' , Aj MtrY1wY~.'r".r a1yi. I 'Wf j I ! ! j • L PLANNING AND ZONING REPORT I Tos Mayor and City Council I ' Case Not: Z-90-013 Meeting Dates March 5, 1991 GENERAL INFORMATION ' i ~r. era I• Applicant/: Hillwood Development Corporation, Inc. 1 Owner A Perot Group Company { 12377 Merit Drive, Suite 1700 ^ Dallas, TX 75251 Owner's Representative Carter 6 Burgess, Inc, i r 7950 glmbrook Drive, Suite 250 ~ Dallas, TX 75247 Requested Actions Rezone and approve a General Concept Plain on a 920.4 acre tract of land from Agricultural, (A) to Planned Development (Pb) for a mixed s use development. II Location and Sizes 920.4 acres on the east side of 135-W, bounded by Roark Branch, Allred Road, Highway 377, and 1-35W, surrounding Land Use and zonings ` r: North - A strip is zoned Agriculturall Agricultural use ( ETJ); l South - strip is zoned Agricultural; Agricultural use ' l East - Vacant land (ETJ) West - A strip is zoned Agriculturals ]agricultural use (ETJ) Denton Development Plans i Special Purpose Activity Center n i r ~ f (Case 2-90-013) ' Page Two SPECIAL INFORMATION Transportation: { o The approximate location of Loop 288 and the interior roadways shown are generally acceptable however, final determination will be made during the platting process. o I-35W is of special interest. Design of the two (2) proposed interchanges, access roads and general impact on the freeway need to be covered in great detail. o U. ' S. Highway 377 is shown to have two (2) A Intersections. Since they involve railroad crossings, final determination will be reserved on the northern connection until more detail is provided unless a bridge structure is funded by private developmental int'erests', r o Sidewalks will be required on both sides of all streets gk around and throughout the development, unless during the t. ` development plan stage, an alternative pedestrian access plan is submitted and approved, o Staff will be requesting that a traffic impact analysis be completed for the entire PD before any part of the FD 5,=r is platted. Utilitiea: There are presently no water or sanitary sewer, lines adjacent to this property. Extensions from the city of Denton constructed by the developer will be necessary to serve this tract, s t Drainage: o The general statements contained under the Drainage Ways and Water Bodies` section of Attachment 'A' appear to be accurate. j o This development has one (1) major creek and several minor channels. Smaller channels will be required to be concrete lined or have concrete pilot channels,. unless the development is designed to incorporate. the open space and permeable area criteria specified in this , subdivision regulations. £x ~r A i i ~ irf , i (Case Z-90-013) Page Three SPECIAL INFORMATION (Continued) i o This development may be required to participate during the platting process, either through construction, land dedication, or other acceptable means in development of a regional detention pond. This detention pond (Pond F) which is proposed by a Hickory Creek Drainage master plan has been tentatively located in the Roark Branch, between 1-35W and the Roark Branch and Hickory Creek confluence. HISTORY This tract of land as well as a 450.2 acre tract to the north are in the process of voluntary annexation. It is the opinion of the city legal department, based on case law, that the processing of zoning can coincide with the annexation process 'I provided that the annexation is acted on by the City Council' r 1 prior to the public hearing on the zoning application. i On January 220 1991, the City Council passed and approved a resolution re-establishing the boundaries of the Special Purpose w Activity Center around the airport to include both this tract and the 450.2 acre tract to the north. ! . On February 5, 1991, the City Council passed and approved an ordinance amending Article 11 of Appendix B-Zoning 'Planned , Development Diatrirt". This amendment in essence changed the "PD" process from two (2) steps to a three (3) step process. ANALYSIS ) This proposal is the first to be reviewed under the new terms of Article 11, The applicant has provided all information required C for a General Concept Plan, It is noted that in this phase of the PO process that no footprints nor other Oeaign features are shown on the plan, rather, the applicant has submitted development standards and a very general map that, if approved will become part of their "PD" ordinance, I t~ A f f -~V (Case Z-90-013) Page Four ANALYSIS (continued) Attachment 'A' is the applicant's submission. It consists of statements either for informational purposes or verbage to review for the ordinance if this becomes an approved planned development. 1 ' This tract of land is located in a Special Purpose Activity j Center, The Denton Development Plan designates a special Purpose Activity Center in the vicinity othetestamunicipal airport. This center is intended to encourage of an industrial economic base given the locational advantages of this site in terms of access to rail, motor# and air transportation. Mixed use commercial and high density housing are encouraged in suitable areas in conformity with land use compatibility guidelines set out in the Airport Master Plan W 1986, The major activity centers in the Denton Development Plan { area intended to serve nodes for major commercial activities, with no limit given to land use intensity standards, Therefore,.; the intensity allocation policy will not be analyzed for this tract, According to the Denton Development Plan, development along f major entranceways present the first impressions of the city to , the public eye, The policy of this plan therefore is, to encourage and promote good urban design to enhance the aesthetic . I quality and visual amenities along entrancways. There are specific guidelines in the Denton Dovelopment Plan that are required for development on entranceways 1. Development proposals should be reviewed to ensure adequate compliance with standards and requirements including, but not limited to, the followings a. Pront yard setbacks.` b, Building coverage. e, Landscaping. f d. Signage. e, Curb cuts. { f, Off-street parking. g• Design and construction facade. h, Pedestrian access. Notes Attachment reflects development standards proposed to satisfy the above, f r q. ~ l r {Case 2-90-0131 Page Five ANALYSIS (Continued) 2. Promote integrated site design and layout which consider adja ent tracts of land with emphasis given to internal circulation as opposed to continuous strip development. Note: Attachment W reflects standards in order to buffer adjacent tracts of land. Specific design of the site will be reviewed in detail during the development and detailed' plans stages. Another policy of the plan to consider is park planning policies and guidelines, more specifically, greenbelt/linear parks. The policy of the plan is that maximum utilization of flood tF. plain areas for parks and open spaces should be encouraged. The general concept is that there should be a continuous belt of open spaces ano park land with adequate landscaping so as to f provide facilities for organized games, picnics# ball fields, I bikeways, hiking, jogging and pedestrian trails, Notes This General Concept Plan delineates much of the existing flood plain as open spac9, I~ Based on the required information in accordance with the regulations of Article 31, the General Concept Plan complies with the policies of the Denton Development Plan. However, when ; y the development plan and detailed plan are submitted and reviewed, the City will be better able to apply the policies of IT F o" y the plan. The proposed development will not limit the expansion of the Denton Munoipal airport 4 1. RECOMMENDATION Y 1 Planning and zoning recommends approval. ALTERNATIVES 16 Approve petition 2, Approve ppetition with conditions 3, Deny petition ATTACHMENTS 1. Attachment 24 Attachment 46' Airport Height Limits ; , 1 ATTACHMENT A PLANNED DEVELOPMENT ORDINANCE FOR HUNTER RANCH BUSINESS AND INDUSTRIAL PARK u f~ IN v.,, DENTON, TEXAS ` Ix~ S~?l FEBRUARY 1991 PREPARED ft ` r t CARTER R SURt3M INC. E 7930 ELMIROOK DRIM SUM 2s0 ' DALLAS, TEXAS 76241 IIILLWOOD DWELOPM$W CORPORATION, INC A PEROT GROUP COMPANY W" MERIT DRIVE, SUM 1700 DALLAS, TEXAS 7SUI { +jtYY ` 1 r 4 .e . .'v mfg JI a i moll CONTZM'g PAGE INFORMATION SECTMON STATEMENT OF INTENT 11 i . .................1....1.......1...... r , LOCATION ....I............ ...f............ 1..111111. i... a. ` , BOUNDARY AND LEOAL D , 1 h, + EwsTnua WE CoNUmoNS . .111...11.11.1f .111.111.111. f..... ..1., ...1:.: T I` OL42RAL PROVISIONS ..........Ir........ 641.111.....1I.. .17 ] ORDINAN ~ Cti STiC110N . . • y' BUSMU AND INDUSTRIAL FARX RROULATIO 11 . 111 .I f 1 1 I 1 . 1 1 .1 I 1 1.1 to f ,Y CONCEPT FLAN i , .11.1...11.1.1..11....111..1.1.1111..1111..1 .r r4 .111{11.f 1. 11..1 X1.1 n i' t 1 r t Y'} Fr t 3 y r V f EXHIBITS PAGE LOCATION MAP i. 4i..iif.1.1..~ BOUNDARY MAP .ar.. Ri r. -R. FX maSrmCONDMONS ....•,i... .....i...i..: 7 TRANSPORTATION AND tML"M ; ~ . •1 ~r{.R ii SLOM AND TOPw 3 RAPM' ...I.i.i.r......i... i..1. i.ri Y. 10 liYDROWOY vaasTATfO y ....f•.•........i•......II.....i.111r •.i11 •.1 •...Ill.l..r14.'14 S,5 OPPORTUNI M AND a t " CO NSf ~".........f..rlr. r....ii r.li lii irirf1i11• J Y 1Y u. , COMPr PUN .if i.•.... i•.iil.i. ••r•i.i y i;M~ 'AL C i M t' l "t; r ~ rr a 9.'.. I ~G 4r. r ' ~I f L +I , I I. s Y !r 1Y ~ fyya r(~lf~~ 3 ~ ~yy~M q a f i ` f.. Ir 1 ~ ° Pr \ dn. •,K I { 6 4r;i f I r. N WOMUMNAL r4y, " 3EC llON 1 1 r m r a" , 41 ~ r u 1 r r f I. a tt~ 1 } .1 s ° ~ z t Y r 4.r ~ 1 1 ,1 1kMi ~1~ ili i ~ I ° , r f f1 1 ~ # E N R r0.1 ' (E~1 STATtMOT (W D(MNT PROJECT CHARAC'RR Hunter Renck Sudaeu Wed iadusuW Park is eavbioand u a mind-um planned development d6trkt wltk T d6dact budau park sed leduatrW mu. Tbis mht of land um It crutk bkeded will the ualque physical 1 &usaariWa of the the composed of weeks, OoodpWaa, 6W trees, and Interest* loMspby. r PIJRPOSc The purpm d"or&um is to ptwA& for On" and a sedw pkasiy to encore eempau'bdity of land ttus and to Wow for the duSlap dow" uddpdW with " larp (970.1 cars) pkssed dowlopeaat Thh ordiaaea b is peer eeo,.m,,p~lam with the Went of Tb Data Za* Ordiaasaa, At" fl,plsiumd f.r dewlopm et dkttt;" howwe, she develop sm pro"Id% proaedrtm asd 504W/166w Ibt, wbatwA art P' T substanaWly champed to wommodste the mWelpatad keep ecru develops" of thk Wp prow: t Un vac KKIU ON! ' The mimed-um eampt for 4"leps" WW provide for the MOO* typm of kmsd ua emap rWL W alem and lmdvwW Park vw whirl pro* a wrWy of potadsi buslum and laduWW &UMW land twa that bk" Is with the senate planed moot It Y AmmWw ad m,.m~aud" os ~ which w kmteVeW with the bwtam and ktduwW park wan to kmeorporau she fw Wo the de elopmemC ~ Opm !peer; whkh isehtde f "Mats was, page (a ibis, and Willey rw-d way& r. j r ' v 12 t4v ~ i f. LCCAT1OM . TW pr*""y k a OW-4 ml teal kw*d a tla Am ~ of IRI V94lt H'w Rout dfaad as tk aartk A" Rad a tM yhay ~!W k baudid 33 W R , b oft* HW+'ay 17100 tba ust, sad t1~ latarstsla W MfjM. of•Wsy 06 tM west. T5L Lad Is Wcosd wkWo tb CYy of Deoion. f `L , s • + f~fi l YAK' ~ I p,. Sr ~~r t , y r ' R'r{ be r r `r + i - !K• i s- 4 S ~t Y ~y)ih r l r , IJ 3 i ! Il k ~ ~ Ml TRACt 11 BEING 917.601) Gera of teed 93tusted in the B.D.D.aC.R.R, Surrey, Abstract No. LOA B.B.D ACI C.A.R Surrey, Abarsa No. 339, B.B.B.&C.R.R. Survey, Abstract No. 1% G. Pettiepk Sw Abstract No. ad tic S, Prilebett Survey, Abstract No. 1021, Deoloo County, Tesu, Wd 917AM area betq more twtkularty dua bw a< Wow h: BEGINNING u the eonbeut career of the B,BJA CAA. Sauey, Abetred No. ' ' eonbwesteomt of the W. Smub Surrey, Abdrad No. 1312 of aforuaW eamey, ~ eyo beiy le loWO Lase std ram Aad; THENCE S 00'0!WV, 36427 feet abq the ant lu of the uW B.B.B.! C.A.R. Stursy, Abstract No, W; ' THENCE N W32%V. 234044 feet; r THENCE N 00'31 U*K 49735 feet; ` a J THENCE N 19'2t'S1'W, 274.12 feet to the east ftk4t°wsy of tatarstata ~ , HWWq 3SW; THENCI daq tb sat 6Bit4-"y o(laterttats Highway M the fad*** eaW; 1. N 2MS•Od'E, W% 2. N 2019'40'!, 200A6 (i0 t A N 29'SrWE, 2,71663 het to the 1 1,301.73 feet, a eutral -swai°1 of a ettrvs to tie letl Urtet a ralbtt of dWasoe of 621A1 fiw; of Q1b61O, a tdtord k sariq of N 2B'!4'SO'E, a chdrd 4. THENCE slog uW ere 62M fat; S. N WSI'24'E1 7,147A4 het; ~ ~ 6. 9119'2N11'E, /70,71 test ~ + T. S 7534'0 & 71.13 test E S p'M'1T4101? fsst 9. N 72'i4"I 5110 test 11 N , 11. N Ai'10 lO tat 11 N SMO! WW,1d0,q teat; It N 11'I3'11'W, MU test ll 14. N 3"1411; 416830 bst I 1S, N M 40M 2x/49 fat It N "4M MA 684 17. ~ N L'SIV% 400 hit N ' >Di Mea 39 t MMSM2 % =a teat THENCT31MOWN, 1997,13 lat to a polar Is the acct in of As L Biiones N"l Ababut Ns. 101; THENCE S 00'L1 VA MOM test to tb wab"d wnw of tM uW L Maosm Swh, nWOM B S 19 *41% 2,6 AM fW Woq the MA bi of the MW J. Uaas oel Sw1~ry to a POW is Be" ROA 3 r, - , , Owl THENCE, S po"fiIM WM fed WkI Some !fret Road to s point is Aired Rood; THENCE N p'77`WW, S,6WAI (W WM A&W R". THENCE N b4'11`SO'W,;12=,pp fiW srki AJ4ed ROtd; THENCE S t10'WSrW, 2Aw.77 (tat, to a POW is lalesoa Lane; THENCE N W 2T V, Un-07 felt to tk POINT Of 6EOINNINO ud cata aj%917.dW ma (39,97,651 ' square fm) of toad, sort Of 1w. y d - 0 t ; , i icy r ~ I f 1 1 , r j r IM' t 1~ 1 r ,l , 7 l v•, d r L~ 1 TRACT IV ! . BEINO a 2.f2 um trod of Led aftwted is the L Piseeo Sttrvay, Abwnct No. 9%, Dealoo County, Tema, dad betas a Part of a CWW 0318 we trod ducibed in deed from WL araeley et to to Alas MaCIA" Y recorded le Volume 321, top a; Dad Aeeorda, Deotoa Couaq, TM& old 2,82 sued bebq more pvdeWvl ' deaan'bed a (odowu 6EOINNINO m the mod aowherly aowhead ooner of the MW OJIS aw trod; r , + Y THENCE Nt rL393'W, 339,06 feet to the eut rislu-of•wy of LtarAW Hfo" 35% THENCE N3ty+01'3 & 133"66 Fast alo% mW east risht-d-"y der of taw"* MOM 33W; ' 10 { THENCE N2TOtF ISE, 300.93 Not aloeE raid coat ri6il-of wy Um of Ir+tlratate F;ishn~ 33W; t TFE40 N29'31'SM 106.73 fwr J THENCE mory a SDMV% 600 Fast to tW POINT OR F1EOfNNINO W *mW@kE in was 1>l rl iZ ~ ~ r J 1 S. 1 1117 1 4'. a f: ~ r ' IF 1 s'. C r' u ' I i a 1 } i Nig"IJAr. CALLS.. iTRACT UI INI[1I 1N1[1 n • 9685 Ac ul,l wu IY1Y'.w,Y ~lu. I~~YI Ru t'h ~1 \ ~w.~• irNl• w•• , YY• 11 n'4«11•M E IwY11~(• N« IWYYI y • ~Cid• y Yr, ~1 Iw~lr• Yr• i.rrw,: .en i:7 I ~^r r l i r_ wi:wu 1 ~1 Vf~MN :Ir~:~,iln MII~ t`I •r n~Fw Yw' ` •Y.YI N•Y ~ i I N• •N«NI T." I / Y y, IIYNN NN• • I =Y ~ ~ • ~ IINr• • N • 1 I ~ • y NI,•, ryrN:N IMYw i« •rWNI wll IMNw•~. •M'NNI INN t •~•I I rur a •r.• r 111T.•NI« ,Y "t~ .I r•,., I liII '•1 :r•wN Y, N•~"y 1 ■lAFi wo'oN' NO Now w 1Jr, ~ ~ .,,I, M.NM Nullr G - YYx ,IrX+ . ' • ~ ~ r ~w± N r.. I~ 1 . i ' 1 r N w 1 N lCd At i ~ 4 ~Y w ,w,iY..w w~l•"Yb•''i Iw~y 'NN hl ~~i ,~-i '.i.• 5 ' x..,, ! 1 I Y • • ,Y ••rY Y"~r•II•ly iwwwl y •Y i \ T RAC I I,. , . J ~NNw•N • / INI IIM ii„ ,.1 w ~so'w .91 ~~6~ AC, Iw7 'iY `~'Iwll Yli J±,. TRACIT 11 NN., r't. r I•' qI NN w 1 '1 r'~` 1, ~rw,A., w tJ J'Ir♦ I r. •i~ r 1 hl C N~ N ' 2I329.43 Ac. - . . •1.1.11. wN !'3 IUI IiI -r ~ Yi . 1 ~ x#1,11' 1 • I IMIH I•'x Nwrv. O Y4µ•^. I If 4.4 It .7l'eN l ~r•r7f"fi.' 1'~ ~J. ~J f r. I . ~ 1 11~- N« ..1. N Y nl u { W •u Iw 'r I F w • I.' rr • a I • .r, .l. IIN 1. , 5 i,E'•, ~1 ~ MMIY . I 1, 1• M.Y 11 ' x tJ5 Ir fit(. 1 Iw IN +'4 ~ly LIp • ~I f 11NI /11 { t i ,r4`I 4 Iulr' r INU tulwI f~ r1 r14e. , I II • Y.":.. / • •n I, IIM IN rryl f 11~. ~ r IN Ir 1rf ~ ~ :r11lNb j! 441 w,~ , ij IW4 II/Ih 11ul NWN IM N "L:f• Wlyd 1 h/ fINNNII/UNrNrIW 4Uo I I , «r. IN 1 /1 1 1j(w.« •t 1 I1. 1111 ~ r Y Y qr TRACT IV INWw4 Wr N N 1 1 •~u , INIY (~rr r - f •l1{IFIYM /IIINrIIII ~ 1 2.82 AC - W N« , 1~I 1 N it l l •Y I .I 111 YIN " YIIIi. 1. ii1~rl A/JH 1. 1 e tf • I.' 1 1 r . ,l s < a 1 1 t mfluc sm commoNs The following general tau and eahI)iu describe the existing site and provides as anderstaeding of the ea-zhe and off site conditions. These coodidom reveal potential opportunities sad coawaiau to development which are summarized in the last e:ht'b'tt. ` LAND USa.., (ON-SITE) The eAsting on-site land uses consist of sp xultural uses for pasturing livestock and raising crops. LAND USES (orr4nx) The off-site lead use adjacent to this property consist of agric*wal uses foe psatriog livestock and producing crops. p' TRANSPORTATION AND V MTES k J= Roadway taus to the site ocean priounly from Interstate lf*WV 35W a the wwt side. State Hig Mq in IS E is located as the eaaters edge of the property. The ttonbers and of the peophty Is aeoaeea boat M AI N F.M. 240 "kb steads coat tree tM property. The Sowhars pardon d tht property IS named from IR-33 at tha Crawford Hill Road ads. Rag accou Is located 44MM the to Ib esua boundary of tk peopetty.' Tits Tsar and Pad& As~rasd tracks want " of Stme Highway Yn and owAd serve tW esters ponioa of "Pr"". Airport aomu fa private almall it available from Demos M° 1 and Maas Airport w" Is a indostritl and `~p0n ln to Lo I.itH of this use Approximately 15 mist to the sown tv~eion airport loedsel ad adjacent t. 3SW crud There ate presently so water or uskary sewer Bas which am this property. Fdualos from the City of Denton will be eseesury to tseve this tract y 1 7 1 7 O" v i i MT (~J '\iwn v. `vl .11.E III ~ I if • ..~Qe rA ~ f..~l~. JJ S..-..~.. . O~D Ilk Dili is G~,~~ti ~ 'c _r' 2 1 T •a 2 1 r~i i e? . ! 1'p e' ~ I S ' 11 I s. a ~ 1 r~" i ~ G's ! z,. 04 s, c I t } r t u,~., x-• ~Ab ' ~e4 = i •`,11unter Railch' Bu mess } k~ Nr r» t `s ' and Industrial Par~• ; ~ e.rw uw ~ rwr i • - . : l _ l_ Qri . 7`` i IfIl LVAM .bI'fAENi CpttlOIIATNJN, INC. A IT PTR LALI (~RW? kWP l,'pMPANY r ('fv".!!5lk~t'Pa!Sr t ~ rari tncnu• wxapt `i { ......a. M•a':m i ~'1 ~ J ~ 1~ u ' i>tiii,~l i'ki~,Iiun ~i 4 r4 i.. I r I I UOM Mtn OPOGRAN The majority o1 the the it !early dopiq betwtsm a 0% toad 5% padieet. 'hero are uvad high poiau (knobs) *i&k bm A - 20% padienu adjmw to them. An ma adjatxat to tke Aoerk &o& Crak bat 10% and pester dopes. 11 Ir 4 r. I ~4{' t. y., p I r: I I t r 1 1 I I 9 ~ I I t ~ e~ - ' - i ! i ■ i i i i i i i i i m slop"& To"grapk { 17- VVVVVV 1 { ) I M j _ l Po Je Wwe } ~ I Y~j i C 1 , I ~ c Ilunter ~Ragch' Bu iness •r~~ j < ' and, Industrial Park 3 Illl MH) L)LVt LUpMLNr(WPUIUrFIm. PIC t~. A I'l. Rllf WW%11' 111MPANY } 7oI InAl,p° WAlnkl ' I!1,/ MIAI1 INllvl f t^h •.»...wusa.Yrsn.inrtaWWwYyk~'°"°>.r'n`•....._.. _ . I ref,." I. r yN I y.r I I ro The she slop" ewsy kft tie "iotoria to UrbuWiea whieh drain into Aouk >lru d on t4 eorthus end of the site ud the Gmveyud Druck off site at the southern end. Thu property toeteins Approximately 100 ores or lOyw Coodplsin in the loeatioas illusustsd on the ronowins exhibit. i v Several sm&U poods exist witiia the "items &aioete putema, + y, ; I I i {r t tai r,11 k ~P.. ar i i i i i 1 1 I a+ ff Fl" Por,a !i \ r' l r If 'er 4 It y i jo •a, . ' ii`.. . r .fir 1 "t6t •1. r IA o, I. 0 • 1 t'j c h Business 14U ter Rags K a,. N. x« , „ ti• ! an Industrial Par ` r ~ • - ~ x O 1 IIIL11N xfli pEVgWPMCNT CgtPglA71tlN, INC. r~ - IN A RROf GRMF COMPANY p AI ur~xw~rr _ l rs'~-'✓ ihw!lAtl'.WaL S171MrC l 1 - / v7 1:17 M, Tk[1NIYC rµ . IMILAII ftl%r1 NO l1. RZa.R 1✓ I F f Y r r..mr..rnwt~Y++. . . 1 ♦ GCTA" t. Area Frith ad= troy mid is the southwesters patios of the trtut, atoeg some fence Gea, and adjacent to the Roark 8rsaei drwe~e area the remainder d the the is primsrtity puture LW sad cWtivated eropbmi j ' r 1 } J kd a I~ V • 0 , f' I.V. I a~ i ~ 9l lYl~ i . r F i 13 !i u... a wrygy~.J4 AicfI M1.W F.^....,., _ ,....--ter.... ..~L... Pb.rn ■ mom Am. A 7M IR 5 I ' J I ~ ''`~`f , }i I ~'j•Ji'rw r i ' C~,,} c. ~ y1 11 `r\l'~r ! `~~ll'• 1 I ~ I fl "yr ~ 1 i A~ Ole }',I J l i t Tree Covsrape Along` t 9 Orel No Cor+ 91 OPM SIP" f I L l • •111' ~ ~ R - ~y I ~ /`1 I 1 1 r{ 10 Tr" or j~ ~Wi it ~ • -e, 4 c , r EI u B ~Ines i nter Ranch ON~fr111wJ I ! r, . L ~rf~'' and Ind UStrial Patk; m kx)o DCVCL(VM EN r C~OkIMATWN lNC r ~ •rMl w•rJl JJ ~II,I ~ A rCRM Uko(IV MAPANY, f.".. Il.HI MkMlf IIMIVN f fY. It ~'~°Sf ~1111~w nG~ir ~n., 'a Y`. .NLLNI fLi~1 r121. . is ter: A.! j ■ M t 'ibe opportunities far development isdude the following stems: o The site free emlkot access from LH: SS and State Highway 371. o Rsd sees: is elan to the eastern edge of the property. o There are large vies of flu open spear cosdueive to devtlopmeu o The property 6 highly viubie from L H AS. o The topographic features nod vegetation awe positive site dvscter ssd imsge for future , devclo meat o FloodpWs area, provide poteotiai open spaces. The conuraisu to development include the foilo*4 e, . 0 The floodplaw uess sock the development of the Genre trees. 0 Thera is an water at smeary sewer service to th4 property. o There are no eurrestiy approved dismoad iaterchmp mom poise to this tract from LH.•3S. o This promiotorw ms ueeply sloped area Own fin development oppWtusitiet + 0 ' % 1 ~s K 1 1 a' t F" I1 yt. I ~ ~ y r ara r % 10 .yeytln .MI MNI A1M Yii ~ ~ E S ~ l , .ribM 1N4' ~ 1..~w ~ rNIw11M . ~'J' oil it ~ ! ~ ` ,1 ~ i • + S i1 j - . ,If wares ~ ~ IT~' on" ho 1 11 ~ I X1.4 Q. 1 ` ~ _ '/1 III , 1 ~ . 4+' ~t ' ~ ` 1 - _ - / _ aL a1'N1L, arhr 't •7) t*•,.~ ` 'es IV m ~,f .W ~ eye ~„t • - I . e's • ,II Hu ter Rarycb g~messk,1 tw c:': y ~J%nnf anclndustr a Park ` „ . _ O., . t -~r^' ~ • t, IIILLMtM UEVELOPIAU 7' COILP'OAATION. INC ►.r+ aYw w . V . • I 1 A PEROT GROUP COMPANY DALLAIILIIIT " " r1~~ar~ 1 '•e ~ t'f ii~'~rt,a ' t.9f~rw~ C.ALLAL, Tax" 11111 1'• ' L r !I t c GENERAL PROVISIONS THE GENERAL CONCEPT PLAN The poeral concept plan submitted wUb this ordinance shall provide the paerai r6kliioe for future submittals in this planned development district. It shall show conceptual &*Meats otthmouahfues and `eaeral loc4doas and ideotifiatioa of planning areas within the Hunter Ranch Auiness and Industrial Park planned developmeat. This concept shall be accompanied by a Land Use Summary which identifies approximate screaps for land uses and the maximum cumber of dweMq units permitted for the Sroa reddeotW area of this piamed development EXISTING LAND USES Eximing land uses within this Business and ladustrial Park planned development are considered as permitted urea within these P.D. reguL•ti " TERMS h Terms used to this or,", shell have the same de6oidow u $Me In the Demos Zoaity Ordinateoe unkso ahecwics noted. Pukiq structures shall cot be included io alcalath* Floor to Ana Ratio ` ORDINANCE CONTROL This ordituaa taken preoedew over other ordisomm, Any kau nos sped&* covered by this oedlum shall be asbjea to the proxisiow of the Doom Zoo* OrdWooe. This P.D. adkama is "rood by Ankle 11, of Appendix B • Zoallef of tha Code of Or 6=M OM ON adopted kt Pebnury, MI. ORDINANCE MOPTW It is spedficay Intended by the adopdm of this ordinance the the deretopmeat Naedards contained herein shall replete all development within the Neater Rsoch Business and Wustrial Park PLANNED CHANGLS Adjustmeats to the $misloE cow and rood Wipmmb des to enBioeerlq ad detailed plaaaiy uv&m shall not require amendment of this ordiaaaoe or the pnenl concept phta. ORDINANCE AMENDMR?rr Am appWI&M =6 to mamd thin adinmse of a As On approved PWWM to thin 00111114/100 for A $PC & trod We As Haft Ranch WA&w W la wW tart d A be required only to notify ashen of land looted wkW ttea hmdred"bd of said propttty. BUIDVLBS ANp D W TW& P= AtOMATIOM The ptvpAu fa thin wdinma Is to rephsts the *on* and developmw d the Hwor Reach Badness ad industrial Park. i 17 DEVEWPMZM O ENSr" The overall istteasity of development for the sroas Area, 720.4 acres, of business and industrial park shall ant exceed a Ooor to arcs ratio of IS to 1(15:1). The mix of business and industrial park uses sball be regulated by the market requirements such as rail access, freeway accese, freeway visibility, utility seem and site constraints. Business and Industrial park development will be controlled by the list of prohibited uses, the overall floor to area ratio, anal the City of Deetoo ordinances relating to landscaping, screening, sigstage and performance standards. Also the coveasats, conditions and restrictions placed on development shall further control the quality of the development. PERMITTED BUSINESS AND INDUSTRIAL PARK USES itaatiuhetartry " This ctamificadoa permits the devekq meet of maoufaavrittg tend uses and excludes any residential land uses and the prohiNted uses listed is this ordioaoa for the business and industrial park area. This ctsuZutioo , eaeowageo ckaa omufacturing mum* and wuebouse/d7ars'batiou type ledlieies Counwew Placed dnelopmesw *W& Wd*k but not Rooked to mukipk um surf a botak oflfess, reW tatass ad ieatitutimW Utilities are pwasmad is the bueiaw tied industrial perk diwkt 'rie permitted uses say wwelgdw Wgb ptam d residential ddMioppme gneidea rowed Nil ~ for w purpose of coed In d busiew as part Of & excluded. Thk ctau&atioe pfd ttsee Gated k ordinance art office compiusee eawtveBa eJsea, v4uakly oompenbie ptawaed um for oommof ercul, retail and Offla Offsu type ow wkb support mail kohties urvkbq the ompkyete an eowuragad u support for the l mmubmwwy seal aomasereW caw or M hadepeadat offkoe devolopmeata which are walk pfineed amenity odeow fao'l M for "rubs, What ial, and ieetkudoaaBy rowed wen PAW { ~ t C, mmueky shoppieS sewn, oasomabiie serrkoaa, and other mail ad personal ionkes was w permitted. Those fadlkiee we eompe" nftb the freeway snafus and id be 1008 planed amaakty orkated Geibtks t dn*W to setw do n#nd pope a&& TY permitted uses astdtde ruWmW was sutd the prokUtad uses Gated yes tW diwmtee. j 4 I laodlod" LAW Vverametttak, edoatk"tt o" wad alt" haficles an ampnfble 0" w bueiow and lndwtrid pwrk &=pt for ra Wal was wed these pmbibited seas gated it this ort iesnee. is S Roa"dud uses The mandadwiy, aeonswcL , asd iostitutlooai urea may Gave recreational fedWes to support the beahh end weWe of emplop" Tbese types of recreat osal uses are permitted if they are dewkVed ie oo wwjoe %ith the opts spsom red latest of the overall planned development. I' Accessary Usa The use of lard or of a buWWS or pordos thereof customan'ly ioddestal and subordioate to the principal use of the land or bui Bind and located os the ume lot with sub p Wpal um. Aay accessory was which are fousd to be appropriate for these buriaw puk uses we permitted. PRQHIBrMD WSW M AND WDVSTRIAL PARS: USR.1 ' Uses ideruUW is"seetlos AW be pro~ted as the primary use of feed os say lot or tnd in ties Hunter Ruch Sudasm asd fadustrW Park fw#,: COMM lime, VpVM or plantar massfaduriaS Cemetery Cimaieale mad alliied products _ Cbturh I Coerrau or asphalt batch plate (Panama Noltiee) Castraewr's yard Psi rwdaly at anal reducdoe Patiflaer masubetw S Fore Phu GsK Wtam, pry op ftdm Halfway bons Jusk or ulvap yard t MaeWe /bop or weldiatp M ME or town earkdon raw of P* naulemn retrob>ttm pr duds refs* Pursue schools (dnsustary, halos of new With school) Redid at T.V. b maim t Icrtton RaaTeoad yr! er ntttriow { , s.>m~ oeltNW httrr.aatea ~ SaeldsS d sane r owls Staehyerds a dw#A show ! r• 19 f t c i e ARRA UGUfwT1ONS a 3 AC Mieiosuat Id Mdth 200 FT Midmum tot w o . From yard wback 25 yard aetbaek Rtar 10 FT a Side yard retback 10 FT Corset lot requiremaat 23 Ffi Y Madmue bvMq beW 42 F7+ a Madman Bow to aream redo 73'16 L•1 ~ paritim 1 "F/1000 SF Of (toot atria' EWW I 1 + may be b ~ by 1 R. fa nob tom of Wbad J Wasm up to a 1 ~ Ceaa~rdal ! {I ~ rM1 Miaimtut lot wa 3 AC Miainuu Id Midt► ' 2001? r~ Midmuea _ Im NO NS Rat yay rd wbetk ?s FT r . to FT Side aaebaet 10 !l Caeca k* m"im" N Fl Madmua bW&ft betrit 20 Morier ' i Im 00 30% D°e Ma IMM &W to ma ratio f Fwi Aa kW fw sari MM i• tw~i2ea0ty~ ~ , ZM* 0~J r I Now mti IN ww No" - Now ' FrOM yW ally a y rr 1 titaar ~ aattaaak 10 ~ Coew~ 10 6 ~ 2! " _ 20 b dodo kA cc map i 1 MWE= Bow to wu two 20 nT 1 r I i Y pares t SP/700 SP" of floor area ' paeept may be W ased by t R. foc each foot of hel& (increae up to 20 srories) Span/230 Sq. FL for clinics or dodos oft es Ralail ti Minimum lot area Nor Minimum lot addeh Now r Minimum lot depth None ` Front yard setbadt 25 PT .a .1 Rear yard aa"& 10 rl Side yard wthteh to F! Corm lot requirement eS ~ P1' Maximum buul" bow 30ltr Masimutm >a wverap t Maximum Ooor to arm ratio tkt PUM" As listed to oak "Mid" um is d* j . leeYostlenal , f' I a„ r MWmum lot arcs Now M'aimum So %W NM ' j Minimum lot depth None PI # From yard "*a& 25 PY !Row yard wtbtoh to Side yard ntbtek to IT ; 25 Maxim" boUn I. Wy 43 Masdmtum lol tos~raN J0% Manimsm P bor to am mdo 2:1 t sP/w 9 at floor rot ' • &a* may be Wenawd by I fL !a "A toot of rmbmcit " itet,w + to 20 etaeiea ~l ?I=- If ray d thew Ind am w 44mu to a multh412* Ld 06 " hw a, sp rotM do" plw for metMi,temily, th" do rw s ad eidt WA anbtti*a WiY taarw to 10'. ; r tub/ 21 Jn l 41 MOCU ANCOM FWMIOMS Setbseb i The miaimsm be 3&8 wtbaE a4mot to I.HASW it e0 feet from the risk o(.woy Gse. No Wkiq 4 permitted t khb thlm b foot mbaek ; ti Lsdeapl" and Sam[" F The least taeteictiw of the etdmtiaS Cty of Data lamdtaps ardieasq in effea at the time of the epprowl of this PD. Ad apply to &"I"=" is the W66M ad iadw&W park . 0* trey m* d to rmovW barred a u mpprwyd eia pln wW be mgWmd to be bated use Idets& for { th6 F.D. {µFr~i r t.a Y h : •t y in, t ^,i r Ir i P ~ f tai a I . r t Y • . E i GENERAL CONCEIT PLAN The p:aerd eoacW pies is putty comiaeet with the Weal of the Deatom Tooiq Ordiaace. This Several Concept plea is a pmrw Suddslls that idem" poerally end nee typo and deaities, approidmate thoroushfue lontiou, project boamdariea, topoorapby, and is Weaded to illustrate the intesratioa of then elements into a master plumed developmeat. Thin paeral cows plan mtisfles sop Ode of the development proceasims procedures previously described la this ordiasoca The ekmedu of the pural concept plats ate exptsimed add illustrated l the follow* pyaa, RELATIONSHIP TO THE COMPRtHENSM PLAN i This Property Is located south mad adjaoew to the 'Special Purpose Major Activity Ceatee desiptarW for the Deatoe Mu Wpal Airport Area. M oem er is bmo&d to samwap the aublishment of sm iaduurial ec monk tmm Is ww mv* Destoo, which is eomp"Ie with the ooneept for this Bwimess and ledustrW Puk. The rats and freeway eroas dictate that this tract should be developed foe commercial and fodm al krea. This , will provide a major vkWp aooordiaS to tk'V'&p Coacepe daeert'bed to the Deetoe Do"loyawat Ptah, The surroamlies area It proposed foe Low Iateaity erne, primarily dosld kaamdy resideotW add mWht•famay resideatW wes with a metworlt of wall emmmial/public facilitka Centers to sappm the re"MW nits. PRgJ= Sm The Hu" Raach Buaimau and IadaatrW Puk coosiete of 9M.4 Ceara. LAND USS TYPES, DttNSf MS, AND LOCATIONS Build" and Wutrial Park Thu btutuw and IndvatrW park Ind eats me (mudded to provide a oohaeive mane pined savtrommeot foe the ddmlopm m of lup consmueW swbMme@u, office bW&A ded cleat mmufacturias mad Womd s Ndfi The haelaw park lead term coke be developed to millet a ovenll Sw to area ratio lot to s7ecesd LS to I (13:1) toe the seat; wap d tk bulam park imL Tk type of bmieea pork an wW be oompaubls with the ern hated IS this WAUM add are lateaded to Provide a oWor smpkoymat Cutter for this hlahly U M&" sgsw of this peojult. ; . E tf am*m ovil pray of W an added to d6 pleased developaaat for bttiosse park all them the opdm Is opt to Woo tk map d bulam perk lead Is thin PD, fosoeslas tk Nei% prowdame outWsd ~ 6srde, to aeeoarreita tkm ate-weals. ~ Specific beldiq b ad m ad m, of ration, pms m4ainmew, boom POW^ taodsapias ad arm eomlipwtbm am not regdred Y the paeral Coa dept plan (a this PD. Opt $PON The opt Meow provide t oosua bad bstaea Men dewiopmeat ad the etdstfoa sk maditkod. The opt spm ka A plutwd dawopaat OW maw of thou Aotsd prom amen *Ulm tba 1QO yeer tloodpiaka WW canoe be reclaimed for deteloposm red we ant desipated w parklnd 23 i GLMRAL THOWVGWAu LAYOUT The intent of the tloroWers. system for this planned development is to provide a 10111cai system of transportation that meets the demands of the propaed lead um and radonally links the future thoroughfare system for the rspio t. DRAINAGEWAYS AND WATER XODIES The majority of tie site draita to the Roark Brad whirl 6 a tribwAry to the Trinity River, Several uaaamed tributariea provide JoW draieaie for thin projea. Than is cure wady mo storm draimape system for the plowed developmem. All future umu and storm drdupe systems wig be dedp ed to accordance with the Cry of Denton desipa r, ` criteria is effect u the time of finial chip for each phun of the provided to the City of Deana prior to commeodmp couuuaioa ~ ~ droiaa=e study will be Radamadoa will occur fa the floodway pimp areas wWcb are located betweaa the doodway anal I&year i , floodplala firma u ideati5ed a the Flood Hurd lowWwy Maps for the Cry of Deata, 'T'han urn will be defood Is the Development Flan • sup two submittals for this plaamed dtveloposetatY All redaitad area will be tilled to u elwadw a mimimmm of two fun above the I&year flood Owl bawd as Anal su wKid to the City (a approval prioroommes* fackm ~ oaiMdoo o. Will be pafoeaed ; j WATIR AND SMA UTILrr= Than an preanmtly do water and sewer Boa whirl aeons this prof" j It is mti ipeted that water lima for this peojna will rived to sown to a W Ben to be asleadad to the II imteneai e of T.H -3$W ad F.M. 240 and a 24' So to be Weeded to the Northeast oorwr of this planned development wr the Taxes and Fad& Roi roW imtoo eaioa, o( the pop ty am~ tidpn~ud F to be Ra m"ot to We to be o Laded to do North"d corner AU futon woos and unitary ssww Bma will bo dntped nd comstr+odW to aunt the Cky of Owea requ4emeats T WRAMIY The atiseitp sia~ma %U ea telbtM L datermimimp the lmleeli<y d domlopeow (a tbY plowed dnraop~eat devniope/ a itMrM M tin and the "ply sloped areas *4 be sock tw istetiairsly devmlopmemt and pressew the sloped new. ~ MGtTATIM The ado* wpudoa will wetr6de la dsoarrimiq the metiodt of do"bp asa The opn was %Q be wWe this areas with lap trw oral! lw afth4 olu pfamnd to pneervs this trw 24 II 1 1 1 ` 11 , t ? ll` lr.,aa~ ,~E l 1Y111 1h Y'11 A 11 AM A MINd I' 4 1... , 1 ,r r } .'~T~~ 1 •"B ' •M1111r 111tlltl/.OW .III r 1 a~` .,21 r' 1 ` , r~ . ; • u 1 ~ J r t c r , p oe r, l- ~ ,f 1 t e ♦ ( ~ ,1 ~ I I * ~ 1 »ws"`~iu`~c 1 ! j~ Lan/ UM CAMI rI 4PY 1 '+1 1 j 1, ~ , ~ ~ Irlrrralw rwM WIIL• ~ , 1 1 I ` .'I r14aM.Ir.M IMA ro: r j •I, {r 1. 1 r [ -_~7 . I i r4.w WRAC, no* 0.0",Mw I" ta r I y l w 1 i _ 1~ _ ' 1~'d iI iL••\ ' , 1 ~ . ~1, :1 i` ' ' 'SY, C-. ~ i0fA4 IMIIC. ~~ir... 4.1 ~~.44 I I r'.. x~ i • Is .r' kC 1 y 1 i 0 It 1 f~ ' ' M `Sv, i ~rt~•, la1 [~Il~llcr Ralwh '•I"s ' 'ilk likk6t1l.31 Sr ' p I , I911 IMAM 44%it 14'041 NI lIMIMNAIRIL, IN 'f _ j I i A 1'I MIII to 4t' 1 IOAPMIY ]}5 i ~~i + . q frlalf ~ .t ~ I ~ n... a1NYr .rw.1 ! ,y1 ii .I ~+1~ 1 , 4HIN IIIM N'N '1 ~7d8t" 1 ~ I l7 1 • r~l.'r J ~ , ~ r U r I . 1 ♦Y i ATTACHMENT B DENTON MUNICIPAL AIRPORT 1 HEIGHT -LIMITS Poo a TON AIRPORT ~ 1 i • Y;r! ~ ~ I . , - ti' - f 1, „ ~ ~ r,: • t CA, t, A f~" j 1 ~ 1(\\r ~ iif _ / ' _ ~ ~ • !~.y...w 1 t •'NascNT LsN1r Ie ' ~ ~ , AN 212VATION t ` NOT TO exesim 110 rear mm f r •ti..-r+~\'ti h • 11_x- ~ . , 'f• S 1 ' •r~' 1lli r' . ~ NS26ST LIMIT it 790 FIST N.I.L. PLUS ONI FOOT Sicna FOR may 20 Inv or NOSSIONTAL ose'lum OOTINW. 1. IOILDING NgIONT COULD SI 175 FIST /r• . }1 Abovs FNS GROUND. t. sOILDING COULD in t 11 ,`fi'r I• ' zoo rgrF Asove ( t ~tifr • PAN 06 rag GROUND. 1 1+ /I ~~!1 I /J 1 /1 ~ t t ff 1 / 1, ~ , ~ I , • , ± /y`. ~ I I I N r' . ~ t , 7 f Ff ,ayy(( ~ NG esloett LIl1I: r + I " i t` FOR O"ICS, LIGST - I00010Ta1AL, AM ,I Y e f . 1 NSA" ISDOSTaIAL , I e0NIN0 Ozonic". ~ uame~ I Ri Y 1I I MINUTES Planning and Zoning Commission February 271 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on February 27, 1991 at 5:00 p.m. in the city Council Chambers of the Municipal Building.. Present: Roy Appleton III, Eulina Brock, Jim Engelbrecht, Ivan a Glasscock, Judd Holt, William Kamman, and Fran Morgan I;. „j Present from Staff: Frank Robbins, Executive Director for Planning j I and Development; Owen Yost, Urban Planner; Steve Seess, 1 Urban Planners Jerry Clark, City Engineers Joe Morris, J;l j Assistant City Attorneys Cecile Carson, Administrative Analyst; Glenn Gary, Water/Wastewater; Karen Feshari, Urban Planners and Olivia Carson, Secretary Chairperson Brock called the meeting to order. III. Z-90-013 Hold a public hearing and consider a petition by Hillwood Development, Inc. for the zoning to Planned Development (PD) of 920.4 acres of land adjacent to I-35W, between the Roark Branch of Hickory Creek and Crawford Road. Three notices to adjacent property owners were mailedt none were returned. Staff Report, Mr. Robbins showed the Commission slides of the site. He said that there is a rolling terrain which has few topographical features other than a wooded hill and a portion that is in the floodplain. The proposed Loop 288 extension will come through the property but the exact location has not e thr Ili tE been defined. Mr. Robbins reviewed the general provisions that will be attached to the adopting ordinance for this case and explained wording changes recommended by staff. landscape Mr6 l would t be asked able to if addthe ress city's s buicurrent ldings, ordinance Mr. Robbins said yes. The landscape ordinance applies at the street level. The height of buildings effects the street scaps and a percentage of that is required to be landscaped. Enqelbracht s in the ditricto since hprivate uones will bes pshould ermitted. allowe Ms. Brock said that they do not want to block private daycare centers for workers. 1 Mr. Robbins said that there might also be snme uses related to the universities. rau. n: r~ 1 1 1 Pa Minutes DRAFT February 27, 1991 Page 2 Petitioner: Dennis Jerks of Carter and Burgess Engineering, stated that he and Ron White, the development manager, have been working with staff. They have come up with a list of permitted uses that include manufacturing, commercial, office, retail, institutional, recreational, and hospitality land uses. They also have a list of prohibited uses. The floor area ratio of 5:1 puts a cap on the intensity of the development. They have exceeded normal light industry and business standards. It will have wider setbacks. They want quality users in their business park. They are proud of it. This plan is intended as the first step for larger, long-term developments. They are showing a couple of conceptual interchanges and the proposed Loop 288. They can not predict at this stage the users and number of employees. Everything is conceptual. They plan also shows the project boundaries. j He reviewed the concept plan with the commission pointing out the predominant features. Mr. White argued against several comments in the staff report saying that all roads, bridges, and drainage is purely conceptual at this stage. He said that sidewalks are not appropriate along all streets of a business park and they should be addressed at the detail plan stage, He also pointed out that it will be impossible for them to do a traffic analysis of the entire development if they were to j find a user for only a portion of it. Mr. Appleton asked when he thought the issues should be addressed. E Mr. Jerks answered at the detailed plan stage. r Mr. Appleton noted that it is the stage without public hearings. Mr. Jerked repli,%d that they will work with the staff and Commission to reach their goals without a public hearing. He I said that the developer should not be locked into extending utilities because it may be that the user will be willing to do so. Also requiring smaller channels to be concrete lined may not need to be addressed at this stage. They might prefer to line them with a more aesthetic material. Mr. Robbins noted that the comments Mr. Jerks was addressing are informational material of the staff report and were not required standards. J~ Ka"s.a. POZ Minutes ~ R A~ February 27, 1991 Page 3 Mr. Jerks stated that he would like to continue and go on record as having addressed the comments. The Freeze and Nichols study shows a Denton regional detention pond on the east side of Bonnie Brae. They do not accept the staff recommendation that it be on their property. That study was also conceptual and did not identify how the pond would effect their property. Finally, the Legal Department has proposed deleting several paragraphs and they are asking that they not be deleted from the document that is to be attached to the ordinance. They have been meeting with staff members and have been working on the document since May. They feel that they have come to agreement on it. It gives them flexibility and 1 protects the City. Mr. Morris said that there is a question as to whether the f wording is a land use issue. He is unsure that the Commission needs to be involved in that discussion. The City Council can i decide if they want to let the petitioner write the PD ordinance. Mr. Jerk* said that they would like what they have written to be approved. Mr. Morris said that he has not heard whether the Council wants other attorneys to write the ordinance. Mr. Jerks reviewed general provisions document that is proposed to be attached to the ordinance with the Commission and explained why they wrote it the way they did and what Changes they would be willing to make. Mr. Engelbrecht commented that a list of prohibited uses was developed because the petitioner is unsure of the allowable uses. At some time some of the prohibited uses might become desirable, for example, a high tech salvage yard. Mr. Jerks said that it is possible, but they would prefer a short list of prohibited uses than a long list of permitted uses that might need to adjusted. If something unusual came along that falls under tt,s prohibited uses, they would come back to the City for an amendment. Mr. Appleton asked if the City can have an ad hoc public hearing if a bunch of people showed up to speak on a detailed E plan. r~.r MR'9SYTa 1 eta]` i _9 ifs ~I II'' t1 Jf~/_}I T If ~l G.7r Ci il~~~ l P&Z Minutes February 27, 1991 j Page 4 i Ms. Brock stated that Mr. Morris has expressed concern about allowing public comment when public hearing was not posted, but usually the commission will allow someone that really wants to speak to address them. Mr. Jerks stated that they would like to have Article 11 j. adopted as part of the PD ordinance, i Mr. Engelbracht asked if they were aware of the airport height restrictions. Mr. Jerks said that they have no problem because They t: wrote the ordinance to allow 40 story buildings the airport might not be there at some point in the future. Mr. Engelbracht asked if tall buildings allowed in the PD would put a cap on the growth of the airport. „ ' • a, Mr. Robbins said that they can put a condition in the s ordinance that airport height restrictions must be met. ry Mrs Engelbrecht asked if an existing 40 story building could , limit the airport. 4 Mrs Robbins said yes. ' Ms. Brock asked for clarification on what the Commission needs to approve. Mr. Robbins said that they are addressing the general concept plan and the general provisions document to be attached to the ordinance. Ron White, 12377 Merit Drive, Dallas, stated that larger buildings would only be allowed in the airport is downgraded. If tall buildings were built and the airport needed to expand, the type of aircraft that would be using the airport could easily develop a flight pattern around the buildings. In Favors Mikel Reynolds of the Henry S. Miller Cos, stated that their property borders to the north and they are in favor of the proposed zoning and of including Article 11 in the ordinance. a 1 I i 1 1 DRAFT P&z Minutes February 27, 1991 Page 5 Opposeds Rick Freeman stated that he lives less than a mile 1 away. He does not want a 40 story building outside hic front door. He might not mind a small manufacturing facility. He moved there to got away from the urban setting and into a country setting A half mile away are half million dollar homes. Argyle is primarily a residential town and they are ant this development, The only won't thing that might be of benefit would be a school. This land is in the Argyle school district. Chair closed the public hearing. Recommendations Mr. Robbins stated that staff recommends approval with conditions and changes as noted in his report. }r'. Mr. Morris stated that litigation is continuing with Pep Boys because the developer wrote the PD ordinance. The City is arguing that it meant one thing and they are saying it meant something elms. The provision that says that this proposed PO ordinance shall be the controlling ordinance is unclear and invalid. What ordinances are you trying to amend with this? Has a public hearing been held? There are other ordinances that apply besides the zoning ordinance. That is trying to bind future action. It cannot be done. The applicant may apply for zoning and proceed under current regulations. If the regulations change then they are still okay unless state law changes. The issues are minor and can be worked out but the Commission cannot vote on whether something is legal or r not. Mr. White said that he agrees that the issues are minor. They want the opportunity to know what regulations their land will be governed by, mostly for marketing purposes. They want to j know this prior to being annexed. They don't want the rules changed next year. Mr. Appleton asked if it is policy that staff writes ordinances. Mr. Robbins said yes. Mr. Morris said that he will be working on the ordinance tomorrow. Mr. White asked if the vote could be taken subject to working out the details with the city attorney. j; t `k' All s , . 1 r `i I f i P&2 Minutes DRAFT February 27, 1991 's Page 6 It was moved by Ms. Brock, seconded by Mr. Appleton, and unanimously carried (7-0) to recommend approval of the general concept plan and general provisions document with the recommendations in the staff report and the recommended changes in wording by staff. 1 A J] ~ ~ f .P ii ' YI I _ I ,E I S I 4 ~ Y 4 } , I Y;' 4 ~11~4j I 9. a r, v r I E J R s P 1 j .k1 r R~ P a i e'rr' . _ ».,,>...,:»,r.r,aota~1 I-A , ALI rY ~ ' i CITY COUNCIL REPORT FORMAT T0; Mayor and Members of the City Council FROM: Ll)yd V. Harrell, City Manager SUBJECT; Approval of a tax refund to Sunbelt Savings Assoc, of Texas A, RECOMMENDATION: Sunbelt Savings Assoc. of Texas has shown proof of payment and the •I Tax Technician recommends a refund. t, . 1 ' SUMMARY: royal of " '-''Chapter 31.11 of the Texas Property Tax code requires the app x- the governing body of the taxing unit for refunds in excess of $•500.00, :r Sunbelt Savings Assoc. of Texas has requested a refund in the amount of $ 4,419.48 due to duplicate payments on account number 26882. BACKGROUNDS " Sunbelt Savings Assoc. of Texas made two payments of $ 40419.48 each on their account, one on 12-31-90, and the other on 1-03-91. They are requesting a refund of the overpayment. 4 r r ry: a, PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: " S The Tax Department and the tax account of Sunbelt Savings Assoc of Texas ,t FISCAL IMPACT: s $ 4,419.46 n: ae . J 1 RESPE FULLY MITTS y sr s,l City Manager Prepared by. Time Via Schneider ti Title Tax Technician r ` Approved: ~~n 1 r 3 Name an efferson . Title reasurer Y# • l 2633C/3 ,J •J I t" • min. _ r •1 Tn I it, a MINI I ew. rr.r.nr f.~ ww 31.1114104 APPLICATION FOR TAX REFUND VAU ArM«r.^ 7 Collecting Ofts Name t no h- 7Ta e lo Collecting Tax For ex ng n to) 5- /Yl C h e S f. 6 0 Addrae City, State, Zip Code •rrrww riaa.rrwwwrwrrrrararwrrraarerrraaawwrwwwrerr ~ In order to apply for a tax refund, the following IMor0ra lon must be provided by the taxpayer. IDENTIFICATION OF PR PER OWNER: Name: ei-F Textox n Address: Telephone Number (if additional Inform Lion is needed): IDENTIFICATION OF PROPERTY: „ Description of Property ill rvc,.ao~ fQr✓~-s"~~ L 1 X fi Address or Location of property Account Number of Property or Tut Receipt Number INFORMATION ON PAYMENT OF TAXIS: of Name of Taxing Unit Year for Amount of , From Which Refund Which Refund Data of the Amount of tax Refund a" Is Requested Tax Payment Totes Paid P44000" Is Requested 1. f to a 311 19? lq' : u z. to lto~L s-F -VT9 : 10 to CIE::. i. Taxpayer's reason for refund (attach supporting documentation): T Y~c We rG Pa error err /-3-9//^ J11Ale'~{ Soy, f~ssn, 7-Ale ire e s fr o d re 't V r`, ^f- Ver °I ereby apply for the refund of the above4esoribed taxes and certify that the in"odon I have given on this Matt Is tru d correct" x ,I a x a/~fQJ 044tuff b C 3 DQ E a 'zr A' v Date of Applleation for Tax Refund rt r. 3 r... r.v. ..,wrrrrr. rrrrrrrr . . arwrarr .r r rarrrrarrrr rrrraa rr DETERMINATION FOR TAX REFUNO: . Approval Disapproval , _ s Signature of Authorised Officer Date Signature of Pr"ding Officer(s) of Taxing Date t Unigs) for refund applications over SW Any poem who ereaa a fela eM y vW tM lergein~ ism sheer N errapat NIM of ffNfeaeeArr! aawea; t• of net MNI tMn to yeeM nee tea than f! yeah antler a erne of nef mere *M► ladl00 a Yelp such 6% ant f' 1 4W low or aft 1. eerM iwwrAm In IM kr a term W M 1 year a a I" W to asses ftm of MM such erne ant worlisom sM M W forth M :P a 31.10. P" Case. NO" 1q f t r. , , u AX CYCLE 0.,., _ , „ 4k5~ RED TAX SUMMARY FORM 1490 T - SUNBELT SA41NOSO FSB PROPERTY TAX DEPARTMENT 100IRVING~TX E75362 AY RECEIVED ELEPHONEI (214) 717-6681 T DEC 241980 S~Ry/t M90025 (AX Ucrl. MADE PAYABLE T03 ^~fp ,PARTM£NT BY . 215 E. MCRINNEY ST- PAGE 1 DENTONr TX 76201 . , . rar~s~::arrrsrrlrrfrasarsaalsotsrsfrfrrlalarsarsroaralslasarrlaarrssralaawsr r , DATEt 12/13/90 ASSET COMMENTS AMOUNT ALPHA NAME DUE MANAGER COST r rrlrrrsrsasrarlrsrrr:roarslrsasssrararrfrlarsrrassrarsassars ;ra:rrsssa,- sue' ~ ' CENTER/ 31606.03 - t i 8onanaa Apartments s 8452072 } _ rrrrrr.rrrrrrrrrrrr.rwr.rrrrrrrr - 28402.1G ""r""-r - Apartment Foxcrott Acres 8452673 . .I .r. .rrrr r_-_ ..•rr.......... r ~ rrrrrrrrrrrrrwrrrrrrrrrwrrrrrrrwrrrr 4~41l.Ii B4l20 oeklwn "rdww AP"ta"w .r.rwrwr.--~-rrrrrrrrrrrrrwrwrrrrr ~ rrsrrafssr~~sasrazsafsrsralrrsassarrs.rlsrrrrlrf • . t . S , sasrfrrrsfsaasrrfsrlalrsrsfrslaa r :~l~i"~y. e TOTAL AMOUNT DUE r 4 W t frrlOffraaalrlflrflafarliffiflafrfaflfrrla■stars■rarflrlrlraafrfrialrfrflarrrr 11 i", i i. t F, 1 1) 1 A `L,S. a * X11.,. I I 1 I Moo "M~ Moot ~.(t1]I ailMr r/ " 1 K • t+i . it f t' w • 1 '~....,Tl r. ode 10 F-4 MKO OP a[>aor 7 ~t 711 • ' n:. •Q~i41 i* ilD1~iW~ '1 K~n~~~ Sg r A ;N I.r • r ~ l f 1 1:1 f Mel t - 1+IPoiift;'ibAbyow"02i26/9i Af idttt u V'[ A P A'Y H E"N'T ACCOUNT NO. PECEIPT ND. NAME ADDRESS AkOUNT STATUS OF PAYMENT ;A-Lyir'K_-__------_- _..____J2~:~a-a~~s v-_._~------ 21<ibi060505"90-i34/3l-0278 52HNE (of P, DON A ALOVIN 26609 CVEPPAY 20929600000 43/04/07-0219 CONNLCTICUT NATL DANK ALOWIN 273#35 OVERPAY yy209J3000000 90/04/OT-0233 SSCCHNEIDER, DON A _Z$~pp$s66'$ $a$$$-$$lOiiQ~=$p~TELDaAYlG~aE "441. FSNTe-Aw--.-----_~._►30.!•pip- v 01690 0 0 9qq p0 /%p0~/OB- 026 CR£EDµSAgD /A~NEPIIEN W SAUpgTUpN NDGANX 3~paZ,6, V RR PPAAY~ ~f0~-OJ70~%8d=8!t~ 40804005000 90440008-0280 SPRINGER. JOHN J MISTYWOCD 224.2] OVERPAY 30024000gpgDp0qp q0 9Q0 ~~/p04,0Q00@@4-p0+26``1 MID~LAYKJ. BEEEEEESNNIrEEAyL0TE g~ LMEASSECtN 5961fQl~0OVERPAY RJAY -~OQQ#0000-06I6;;Oa.05s0.__.6pENSrCD "LINDA ZLApLS --------1--6PEtIR AM ! DA"~F7 7750HRA 0- NTG CORP r PRAIRIE 400 /06 LOANfiNDL SOUlNeDGE SAV H TRAIL 2966 CVEPPAY 2034200000D 90/04/Od-0690 WOLSKI6 EDWARD F GUADALUPE 4.70 CVERPAY 26595000000 9 */04105-0710 0/04yy~~/005-QQ07}}10 UARROVs J6 pHpe JR gSAN GABRIEL 30.00 CYERPAY MAW pp pp~p9p884/$0~05 7 _ NS EJt~gHELTJR I064 80 q9/014/-0 6 ~Affffit9 BANK OF DENTON DEL_DP ACt1 ~08QQ0p0~9gq000o//y0p4/06-10pp`y7y fiAASSyT gSgTT2ATE BANK OF DINTON YUUULLLTON AC ,•y AY , >i650$4~ 90/0 ~~6 j0j7--- i21; STAj9 0 i E 8- A E B K OF OENTO OL VA 90766700000 90/04/09-COOT WESTLRN SAVINGS 3605 135 13.94 CVEPPAY $1195500000 73/04/09-0076 HILL. JACK C GREENWOOD ] 8666 CV *PAY 305970 / _ LY B EE - - 1PEE . a smlsnfift~_ 10 211022212 29412413-2102 3 T SAV N S ASSOC OF TEXAS N BELL 404 • V iMAY. WIN 8888888-'4;8Z~18=8~8Y ik R~ tLL9jEP N..J_ - RD1LEm NT[LS C 66• V_ PH rAT op cs OSS92C$0000 i0/04%t1-0299 JOQDANOPEl l2~ ETHNL DDHIGHVIEV IJ2o 5 OVER AV sy 40 0 27-01 Ke L[gA b i+blolJli=370inMNi•NAgt pN _..__..._.._.__._-.._.___Af CQ V- _ ' 26 Q~pgpp~paQp j2} p~RD YAr //Oe0Q0080 104/11:0 /04 1 3 00 0 940Q2_107p6 STfA%pUAI8IN11A9TEyMANAGEMENT VARtOU 6- jAEA 0 v } 0507d$-~tDT~~~20 $1fa UlFihiES~i~SEf~E~S-JJ.-.._____. Y._.- 39394000000 70104/30-0012 FAPMEPS [ NEACHANTS STATE DANK VIRGINIA 56]•S4 OV PPAV u 10004209007 70/01131-3270 TETRA PAK MATERIALS- INC 3300 AIRPORT RD ]•10 OYEPPAV _Off. pp cc w~..: 0 00 Q ~O/OS/04-0046 HUANGo LLE LUNG Y SVCANCRE VR Y LT OV R AY F9 ` ee6e44q5q000pp0 ~0yptlp pp0 9q3pp/05/0pp4yy-Opp ipp0pp9 JUDY p•pMAX E~ ARpppp qqTTyy r 21-23 le LOCUST 0• "-~D62AOr650I._0)!J4%95=f115 NSPENCEK-LOOP 268E16[HtOa1 D ]6771840000 96/45/:5-6296 fULLLR6 SAN ISHTpAP pOAD 62.0 CV pPAY 3136450000 70/05/35-0298 SIW'KIN3i JAMES MOTO 24060 CVEPPAY 9904 0.000-9.0/)3/06-0055._ 5I!t91 KENITK O____.__..._.,._ r y~ d4a, f r, , 1 : i.. _ ._....,.~...~..+..w..r..w-rwlwFWwitM~~/AW'sttWY•~M~1~ , `f . % f Y ~t F «r ~N .Y CITY COUNCIL REPORT FORMAT T0. Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Approval of a tax refund to Fleet Funding • r° w',» RECOMMENDATIONS , Fleet Funding has shown proof of payment and the Tax Technician i recommends a refund, SUMMARY: 4 ia'p~er 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of tyr' $ 500.00. Fleet Funding has requested a refund in the amount of $ 1,107.64 due to an erroneous payment on account number 218360. , BACKGROUND. + ' 1 -90, a payment of $ 1,107.64 was made on the account of Dale E. Yeatts. Fleet Funding also made a payment of $ 1,107.64 x J on the account on 12-28-90, therefore they are now requesting it refund of the overpayment. 1' + PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the"tax account of Dale E. Yeatts s ' ~ ~~krr K+ FISCAL IMPACT: " ,a $ 1,107.64 I { RESP FUI.LY BMITT „ LVOY13 V. Harrell City Manager Prepared by., Tame c Schneider Title Tax Technician Approved: G aee Ha Je ferson 4 ' Title T urer 4 2633C/3 b'~' I sw.w r,.r«y r.. e..r APPLICATION FOR TAX REFUND a.wwr ANMwWn N.1tN ~!I Collecting Office Name I Alt" D Dea 7' Collecting Tax For r e ^ a /fck Foxing n yt Address n7r .2t- A 76 ZU/ City, Stale, Zip Code 1, • •r~• r~~~~1 . . In order io apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATI N 0 PRPSR OWN Name: a G CeL fs r Address' a-X-001. A #-,I 1 V"I r .w n 6 797 t r. , Telephone Number (if additional Information Is needed} i f . IDENTIFICATION OF PROPERTY, / NN Description of Property d C GSf ~JLOGk D Address or Locabon of Property. MOW Z ri ; /leeeunt Number nl Prop". A or Tax Receipt Number, INFORMATION ON PAYMINT OF TAXES; i Name of Taxing Unit Year for Amount of j From Which Refund Which Refund Data of the Amount of Tax Refund Is Requested fa Requested Tax Payment Texas Paid Aequeeted is is 46 2. 19 3. 19 J 19 _ : S P Taxpayer's reason for refund (attach supporting dooumenlatlon) T af~s W ~barr~l ih _ dIG Ie~J/Ara/ at7' a, /A& "I hereby apply for the refund of" above4eeeribe0 and certify that the IMormation I have given on this form Is true and correct" OA 13? F- Signature ~n GOj~►~ dXw~ 80.&H2 Date of Apptlonfon for Tax Aefund f ' J r DITIRMINATION FOR TAX REFUND: Approval Disapproval ; { I Signature of Awhozod Officer Dole Signature of Presiding Offlo"s) of Taxi nngg Date Unlge) for refund applications over SlfOQ Any P•n•n w►e n1M« a Stets Minty uFert f+e NngMng reeerf Mete tw srrJsM N one M the IsMewNrl F«Yassi 1, k%plos +n ovVel rw Rue than 1f rears mw lose 111M 1 years "dim a fns M net mere Is" If 000 of NM weh fee ate F;4. 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'~f~//11V~ / i ~ ~J~I.+iP E ~t. : .yid ~ ~ r d1iVS7t]r n!~ ~~i ~4~ylii'! .11 /r~ : ~ 't'e •til~ i.iGi ~I~ ~ ~t q s~4zcy-,-~ c //lyJ°)rrf/S'99i io* f I 4 A j 9 i 1. r.. 1 !1 1 2 r2 U- 9 f 4.. i y k i i 4 e 3 i ~ f,s r _ c ` • V 4 •F ter 01 fact IKK WAY( fVID inG COMP •040 rpIlIG11Gt 1SCR011 OiS1URfErtnlS,'OVCIt6 ROtSI ar•1 IrflftS}t Irrlt,f9 rRC[ 211 02 /1 K''; r', I {Ortran(1uS %1111[ OOOt ttOAMW001 wr,~~dRNSSrnr nlt0(n c IRrR( ►RU t Y RQ K 40 f IfW rv WPC 17.OOfjr ~rOn~ i Yf ~IECtIKM 11 CdM7Y 01 1 M r{CI tSC iSC•MA' RrQIpI 1W( Of nOMACOR rnx 10 If Ib lo. t,7c tsa rR1e MWK 0004011A6011 12 of•1p IOt.rr d(Et 111w1 t 760pt4111"01 bOb! 1 00/00/00 KA tl KIIRIRt KICMIS SO Knipe Ittlln r tU1Rt+ C I t wool R1rt16 rr 0OV401f6f711 I0 f0 761.01 `PC, At1~Rtt`Y 76002E1 !COIN[ fl~[R001AS SO CERrOR CO Ig1~C~ I y1717 3~', 0004016102 95 ~0 4" 66 ~ l"YtCC~16MtK[ rtt 6 K t1S t 7 mvl7r001 R)Otrf n lA1K- rMM CMO SO xnra co ! ONY97AW 0: tt-pl.1p r,7, 6t RRI PH p 71EM[t t 7600tN411001 tf060066f rN~,y~j ~'e . j OWOWOO p~R11011 R t 4.4 f ' I No 73 it ~00~00 267.00 NR"4c 1 ~FUCI ~ 1 t 7600"17001 3110017" 1 f , k Y 1 p1``SS ~~t(~( r rt Y t 7600t106tr00f 111!00100 043'1 1. 11 0007"!6177 11 1t 01.00 t1t. 11 1p1Y 11 1YICK pOrOMW ~I{LWl7XEII MO SO OtRra t0 n /1 r x 0071t!'IS'M !10100 171,77 `111111011,11 r O~rgn 11 t 7000206t610O1 b01r!1{' 11,.9 1 OOr00 1 MIf ct1 ~ ~ RK T*s all R~tI~ 1 t 76001116+6001 M 1 t, j OOppl~t.e1.~0 1107, 64 t OOrOW00 `01 3~ 11 f aMt I.MAI«c 1RRR6Rr 0 r~-~ t 7600710801001 Rf070 U p r 11 x 1p~h`MK It a III I t om7yf610 11 011.!6 `f A 0CI1tt1t.ANl / K ril 2 76W117r}1001 "0700110 Ca / IPKT N Cp ~K►IR110 MOllr 1 r.~. i H 1 tJ r • 46 r°. r ~Fti , r'r; 9 t.. I" 1~ c.., F s ~r „ -1 - i tt I . 1 FLUS MAL [.stAvcc FINING car •010 pe"GAM mKm Blooms VU q0!'!-1 0►r-9 1'IY1s" Cott 12112.90 /Kt SIC ru[r ~ nr~u fu # OAK s w- T6w i f lsarva € >~tr~ i I MIT A~c7 1% Mrs MIS 1W[ OF 1f011►OhsOS 1 }7IfI 000s7r m !1 ~OOa00 v%. 70 c li 7 2 71100!%77001 ti7P1007D0 00700"1 111 OOMO, y` M7a 009 TOTALS S1 27,2$,71 3i~ oww cD-7M o002o017i r01ALS S1 27.221,]1 'i so7oostat i7 ~a. 46mv lie - ~ f 0078001771 ~7- ~t 1f us%1r e1 7 + I0Ft11 001, 1oi~M wyq ' L 8 ` 5 Y r1r t' C. W 1. Sis a 1' YtYr `Y1 ;F. ~ t r ~ i tI,Y. ya 7 , P _ o ~ ? 'J 1~k a- K w Y _ .......ter.. Wwti..~.., 1 " _ _ - - '0 E R P A Y N E N T S - - STATUS Of PAYMENT _ _ _ 6. R 50Y 02/20191 A7 18322 ADORESS AMOUNT NAME 132'93 CVERPAY 'IKCOUhT NO, RECEIPT NO* S_;A 0 T MALI 6 ` C6 EPPAY COUNT /33%64-6030 Usk. IN FAMILY MUSIC CENTER FM 1630 3!2.1 VEPPAY 4 SN1TN. ILL IAM R STELLA . 359.65_CVERPIY V 6 Q0p00 40A 3/34-00 0 MrG CO HOME LO&N 9TElLA 97 60000090/03/06g00p pOp. _FEUpRAL HOME _LOAN MTG. COf1P._ - - CHAPEL DR 66~.•T06 OVERPAY l -00.003 j;~:0S75 LEY15 MIKE CONST IN VINE 560 OVERPAY ' 0 0 T6 OVERPAY -OVEPAYY- I 90/03/06-0079 HARE. RICHARD F W HICKORY j 8 90/03/{2-0675 MORRIS. GLYN11 C - 1.147426 CVERPAY a}4 i; 33/ z•p;O; MARTIN. P D - - 66NNIE OFAE N 32.75 CVERPAY -00707/ 2-02 7 - SHEFY000 MHP MARTIN. R D 42.09 CVERPAT YELLS. ROONEY E MCKINNEY 124.46_OVLRPAY 8800 0 90/03/61-0303 _._.-XwsNEY • 6664 11.60 1.1 66149 0000 g9p0/8037/1 E• 1439 ggOE~TfEOf N. CIgNT VO OFGERALD. JS1 _ E dAK 96~ 1 000•gp7p %/a-014 -ECVARa J&iI NL FT WORTH OR 06'! 4!.!} Ow PAW GYELPAY ; E HICKORY ~Tl'CV t. HICKORY f 2 ERP 60.97 CVERPAY r 0/ 3/16-0421 DENTON .Siiy SAN JACINTO 0£N 24. 80 AT 7 CVERP sIi E$Dr0ov88 80703174%0709 RSON~L HAIR DE$7GN 1300 FVLTON ST P202 P 7569400000 90/03/20-0202 NELSONS JOHN DDS .W_ sel 4 966000000 90103/2{-0{69 STCMETTANW 1110 K - J DUEL 4 1 • f_. ! SS 200009,90/03/27-0 022_" pp SKYLARK ;=6 CYE~A 1. 26 II009 90/03/21%01 FLOW RSi JEMeY KVLE CT 1eM 60 HAVES. DOk J SUKmYDAL___. { 000 90/03/21-DS R00ERT A 6396 C / 600000 90/03%27-4 50 MCLAUG►RKO, NN. iRY , Q~~ pp MUNICIPAL Al 163.70 OVERPAY 0 6ERPAY IId0 9Tf07/2rw1. It ~+I -'NosI ON ~A S UMUNIE OPAE 5 124.61 CV 1 1, OINE REPAIR GA$DE6YlE1L------- -22 O _ 90816000000 90/DT/27.3{30 " Ns CN G 6 L ~y TG C Fp 22 • i} COYy[RPAr 1 90 1/21-116) 56]%21=1164 -FEDEAAI FOMf"LOAFi ATG ._-OAAOENYIEW 2:6~~ ■R►Ar r 36590 00000.9 NOCKINGOIaD l.6 YEfIMr 0000 90 03/21-1166 FULL 60SPEL ASSEN6LY CHURCH 1~t01.64 CV 3 ERPAY 1 0000 90/03121-1290 STARK4 ANN WFL C ET AL LARIAT ' 'J/0372ff- VEA T D LE E .0 CVlRPAV 070 - - tLOVtR LANE !2611000000 40/x3/]1-0476 N~N4ihHV00R0 ° li• DY RPI~ M M " 7 40000 4,90/0 /3~'pS g LLAW: L BONNIE 8 0 90/00/O.-S1fd~ "O&MOA~IE. ERAib'.6 ARK tIIAN TRAIL I - 4 0 1 laesi. 9A 0 00 00ro2•i 660 LVt LYs D EMAOEI AL PA SI_Ce OV AY 0 / 4 F q5T ST~TTEE OAEK"J~E_QSHTOd_ _o~► pp'~'~pO 9.00. CVERPAT ! P pCq. I ~iSlDi70'=• ~i30"Tif IdRTi _6YiT C`CNELL . 090000 0 90/O6/0~•000a MERNITI. THOMAS A%IC.S n~m 30' a A `ins, l136000Q003 9604/14-0032 PuEEAA9PjjSCNi OPAL lEE _2S~~1O 61000000-40 90/0• A7~019 TRIPCRi Ki so GEOEGE F, PAMEY Eili 763 7II0 ! _ t E 0Q6Q 90/04/01-022204 JOLLIFF. 1000 0 AMLY..____.__.~. 640 OVERPAY M~ BON A RAMEY 0°0 y0/Of%O1+OZ66 JJCOIMLIFfD.E TODD NDA 26 MtY OD67070f10y=028~..__SCHN33E 0 , . + . , r y r F t eE'y. . 1 tir'_ i t .2651L-3/3689 NO. i rs AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN r EFFECTIVE DATE. WHEREAS the City has solicited received and tabulated competitive bids for the construction of public works oti improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works w{ 1 or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW9 THEREFORE, ka r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:: 'i SECTION 1. That the following competitive bide for the construct on o Rublic works or improvements, as described in the Bid Invitations , "Bid Proposals" or plena and specifications on file in the Office of the City's Purchasing Agent filed acceirdih$ f to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1162 C. B.8lQ&C9AXICAL sill ,3». 1[67 A vin rnnrrvn stirs IiRO_A1L. x _ _ I - It ;4. I y ' SECTION 11. That the acceptance and approval of the above omps t v bia 'a shall not constitute a contract between the City c e and the person submitting the bid for construction of such public 4 works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice 1ti 1 r t to Bidders including the timely execution obondswriaftercnotifit and furnishing of performance and payment cation of the award of the bid. authorized to ethey performance of SECTION III. That wYittenycoManager ntracts is xecu e a necessary c work improvements in accordance e s or :0 the construction of the publi roved herein, provided that such with the bids accepted and d approved contracts are made in accordance with the Notice to Bidders zhe ' • ;,"l ti. bid Proposals, and documents relating thereto specifying ntitiee: ditions, plane and epecificat ons, standards q , terms, con and specified sums contained therein. • , SECTION IV. That upon ance and approval of the blic ~cow. de im rovementeheaseXauthorizedf herein contracts for the blic and worksan p wG hereby authorizes the expenditure of rfunds oved in bids the nd nauthorisad I4; the amount as specified in such app contracts executed pursuant thereto. a . ` SECTION V. That this ordinance shall become effrctiw' j -Ty upon its passage and approval. h,.. • imme a 1491. T~: ? PASSED AND APPROVED this the day of ;v BOB CASTLEBERRY, PAYOR : r. , 4~} ATTEST: " a APPROVED AS TO L£tiAL FORM: DEBRA ADAM DRAYOVITM CITY ATTORNEY .y , B Y S a. PAGE 2 rr 1 ikr hH _ - iii+s:r' DATES March 1991 1 i : CITY COUNCIL REPORT Tps Mayor and Members of the City Council 1.. FROMs Lloyd V. Harrell, City Manager f SUBJECTS BID 01162-PEROOF CITY OF DENTON MUNICIPAL BUILDING reoommend this bid be awarded to the •lox g~QQtltlBlipdTl48s We bidder, C.B.S- Mechanical in the amount of 037,372.00. Municipal replace the ,ggntlegYs This bid is for materials ton labor built-up roof system on the City Of Den -4; The new work will provide a water tight facility, with a txo (2) year contractor's warranty and a fifteen 05) year Manufacturer$ warranty. Extensive damage was done to the already deteriorating in 11 in e-Sring i roof material by thi iblevloral!oodadisaaterhfundsifromoF.E1H9A. 4 Denton County was el g k ~s These F.E.M.A. funds, insurance funds along with Certificate of r. Obligations funds will make this expenditure possible. UMM"i Tabulation sheet. LF ECTED~ Building Operations „r PSQflH1dS~EEAaTBENT_~8. _4B9llPS_~-T-- } r Department, General Government Employees, Citizens of Denton, r FI84►L..ItlPd>iTt Funds for this project will be broken down as followas Certificates of Obligation $109091060 Insurance Claim . A 26.8Q~Q t~} 3 F.E.M.A. n..: $137,372.00 Respectfully submitteds -r Lloyd V. Harrell , r City Manager ' Prepared bys f Names Denise Harpoo r Titles Senior Buyer Approvedt aR r T` _ Names Tom 9hawr C.P.M. f S i Titles Purchasing Agent , 6 F 0H/jh 129,DOC g t t I *,Owl 71 I i SID I 1162 + I J 1 { l I t I i TRa41g. { J. mmw i , + C.D. i MM M]NICIPAL CBS OGN1TE1aAL BID WC CM CF I { O=DM Cm DATE t t 6.9o I 1 1 ! I + ; ~ 1 + ,gyp VOaoR { 1iF2GOA I I ~ /W YUM mm mq=MCK " ~ ~lr-I 1 M I I I 00 I BIB BID A,B,C { { { 12 I I BA9R BID Asarco ELBC, I ret. t16 1 5137,372.00 $175,969.00 1 5177,000.oo ; 1~z6,e15•a1 A j *9,214,00I .$12315 •00,; 51161000.00 5114,187.50' i I + q i ; + 5 ,000.00 ; X7,093.75 ' I + B I 060616.00 1 5381019r0o { '}t~ {y I 5;1,'542,00 I 515,125,00 I 515,600.00 ; 557,69375 ~f M s, y E 5 i i F"C ( i i + C + I 1 I CASUW 5$ BID BM Dom I Yg j Yns f; y { cwnm 1 I 1 I { F I I { + I ~ ~'s, I 3- ~4 + 1 j I { i t k, I t i I y t y`~ I Fj>r~ yi ~'j 1 I \ i , I ti L 7 A. Y•i: e. v r J( 4 (G'i 45 F ' I ,I k i r'A~ 1ti, I DATE! March 51 1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager 3 ~ SUBJECTi DID 01163-PEROOF CENTRAL FIRE STATION ZJQOMMSXDATIONt'11e recommend this bid be awarded to the lox bidder Jabeau Roofing Ina. in the total amount of 847069.00 f,. ' SUMMAPYs This bid is for labor and materials to replace the existing deteriorating roofing system with a Coal-Tar slaitomerio, built-up roof system. This project will have a two (2) ye,ir contractors warranty and a fifteen (15) year manufacturers warranty. This project will be funded 6y Certificates of Obligations. i, 8dCKO8OU2Ds Tabulation she,st. { r' 2200RI LY._ p8EI8T2lE![L..QS~.~fl~S[E,4_..ILFH4TEDo Fire Departaant, Building Operations. L'IS~L_ItlP,4Ti funding for this project will be made. from', Certificates of Obligation. y*y, i Respectfully submittedi, v. Loyd V. Harrell 1 City Mansger r Prepared bys Names Denise Harp i Titles Senior Buyer proveds 4, New Tom D. Show Titles Purchasing Agent x TS/jh R 128,DOC f '+f u .-yy 1 1 BID I 1163 I 1 I I I 1 I t 1 co E1 f TBAt1s- I J. mm I BBC I JAB A BID 09 CEZr M FM SrAnCN i CBS ! I pONl ]IWAL 1 I ! I I I I I ~ 1 1 Opm DATE 11-6.90 I I I I 1 I I ( I I^ 1 I 1 I 1 1 I QT f 1 ITEM OES(2a] ncN 1 vmat ; vFwot+ VMWR t 1 011 I VET>DOH i t I mm BID I $618151.00 1 464,470.00 ( #56,90D.00,1 376,125.00 t 161050.00 I 047,369.00 ,1 t I I WT PFIOB DMOM M. FTI $8.00 1 $4.50 I $4.501 ;40.00 I i4.50 1 $2.50 I 1 I t I 2 1 1 UNIT ME NA71M 1.u1.171 34.00 1 32.50 t 32.50 I 33.00 t 32.00 I 31•x.1. 1 i ! U.1 4900.00 1 3900.00 1 3400.00 ; 3750.00 1 31,500.00 ; 3330.00 1 3 I I tlEQr MM W MW 1 'i" h ( ! OrR7 P111(81r~o/ I $18.001 $7.501 335.00 1 125.00 1 322.50 i 325.47 ! i t~dr t I OVEn I ! I I I I 1 fff 5 QR1f/BID Bw ! YES 4 )E 1 YES I YNS ! >n I gas l 1 I I I I 1"~ I' YE9 TES rw YES ATTlti1lD PAI;BiD 1 YES 1 1 1 1 I ' IOATMAL HM 1 t s1Tl~ICATICfl4 t I 10s I 1~s 1 t~ 1 1F3 1 1~s ! t 1 I I I I;,i, ~J„`i~ p 4 YES, r ~ 3, i ~ lsl 1. ~T?. ter 1 r J. r ti 4 i ' 4rl"1 r r h~ r G r~ R~~1 ( 4 r xMitA«i~ 7" ~ , ' ~ . sn4' ,t r^ r A ~j "-S Will A 1. 9 v I r S F . . , yr, s . F 2516L-7/1589 NO. Ii i , 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 I, contracta requiring an expenditure or payment by the City in an amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it be omee 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 protest the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; j NOW, THEREFORE, h THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby determines that there is a pub?Tc calamity that makes it necessary to act at once to , appropriate money to relieve the necessity of the citizens, or to ry; 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, k the following emergency purchases of materials, equipment supplies or services, as described in the "Purchase Orders' attached hereto, are hereby approved: ORDE!9tCNIMBER VENDOR AMOUNT J _.,11482 : a ufeto~nerr i SECTION It. That because of such emergency, tho City Manager or designated 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, A(i i ii 1Y' i t i ri Y< } SECTION III. That this ordinance shall become effective imme ate y upon its passage and approval. { PASSED AND APPROVED this the _ day of , 1991 ; a d'. BOB CASTLEBERRYF KAYOR a, tis ^J 1 i'.. ATTEST: t v , 4, 1. APPROVED AS TO LEGAL FORS! : rte E DEBRA ADMI DRAYOVITCH, CITY ATTORNEY BY. s. i i I t , i. 1It , dr ~ ,3 PACE TWO . A , y.r'.:,,. . µ8a: 1may,." ~ I Y r DATES March 5, 1991 CITY COUNCIL REPORT TOs Mayor and Members of the City Council Y 1 FROM: Lloyd Y. Harrell, City Manager SUBJECT: EMERGENCY PURCHASE ORDER 111982. 41 J 6 S EQUIPMENT $140 11.3b , $$QQdjlFHDITIQ~(s Council approve payment of $14,911.36 to j 6 S Equipment for Purchase Order 111982. p ~y E AMMIX i This expenditure is for emergency repairs to a John Deere „,f, 15 cubic yard Scraper used at the Landfill. The work included removal and repair of engine, repair hitch and replace worn pine and bushings. flAIlHflH2lpi Purchase order 111982. ;k 112ULMS, D11"JUNIA1 aAO PA-A FE&TBD: Landfill Operation and Fleet Services. LIAUL.,IHP=s Account 1710025-0580-8710. Y Respectfully submitteds c 1 ~JGL.4.iwwrrr~~~r tktl l ; Loyd Y. Harrell City Manager Prepared by: Hamel eA isle Harden Titles Buyer a F Approved: ' Bases Too Shaw, C.P.M. Titlee Purchasing Agent MHl jh " 131. DOC- ~ yt t t .a.0 a 1 JI i,`1 • I Y ~ i t 411) ~ "rr.` Icy tiu• I 1 f w „ PURCHASE ORDER NO: PC 1 ! 992 I CONFIRMING ORDER XX TIM mnber mg APO N On R" (IF MARKED) ckw* ft,ea detiverY .npa c o I DO NOT DUPLICATE baea ~ t> { Ditc 02 14 91 Pao No. O ! ReQ No. Bid No, i D i - i RURCNAStN4 MIVON/901 d TEXASSTREST /DENTON,iEXAS74701 NDOR $17.74}7100 !FWMETR0117/767-WO FAX81713811697 CCNFIRMATION ONLY C14 J.S. EDUIPMENT SERVICE INC• DELIVERY VEHICLE MAINTENA DRESS NCE 602 YILDLI PARKWAY GRAND PRAIRIE* TX 75050 ADDRESS 804 TEXAS DENTONe TX 76201 ( FOB TERMS a (3 VENDOR NO, JJ,X595D0 pELNERYOWTED 03 lb 91 DESTINATION 4e411 ~360 14e9l1i'J= / 01 1.000 EA EggT 263TT519936 R EMGINEeREPA1RFHITCH EREPLACE MORN PINSStiU5H NG t i ' Il t. d ~ e ~y PA49 70 AL ,f j4e43t}y 1 6NANO TO AL t 14s411e36 O 1 710 oils O Sd0 470 I a TertM - Net 90 fUrM+e odWww wlaMG i . , y ; 'ENDOR rI3TPUCT10N9: 1.3hlpprq IneWctlone: F.0 B. Deetinotbn OrepeFf urau pPwwlta ~owlNdl Send oNrW invoke with &010014 coon 1. No lederet of eteM ales !ex %W W kKtuaed rc Oeinp Dwteto++ ! EI to - Accw Peyeble k pec biKed. . t I6 E. McKinney St. 1~,.,~~w TY 7 N1 t x p: 3 he i II . y. ti: M DATEi March 51 1991 CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROMi Lloyd Y. Harrell, City Manager 1 r SUBJECTt EMERGENCY PURCHASE ORDER 012204 T 8 R ELECTRIC,$21,000.00 . A { $$QQjj=pjjjQgt Council approve payment of $21,000.00 to T 8 R ' Electric for Purchase Order 012204, t, ,g21jjajlls This expenditure is for the emergency purchase of a 2500 KVA transformer to replace a PCB oontamintted power transformer located at the City of Denton, Water Prcduotion Plant. i A Immediate replacement was necessary due to the sensitive looatior! and high contamination level. jjeQ!(Q$QUD, Purchase Order 112204. p89IIgdxs• pp~pdj;TjigjiT_flg..~gQUP~bFIg~28II~ Electric Dfatribution. fIBS`iAL_IjiEdQTt Line Transformers Aoeount #610-080.0252.92221 Respectfully subaittsdt 1 V Lloyd Y. H,rra11 f' City Manager - Prepared byt ` r. Names Melanie Harden _ Titles Buyer , Approveds Names Tom Show Titles Purchasing Agent v' I: MN/1h c' 130 . DOC { 'I 9 :P 8^,) r Z► d ' PURCHASE ORDER NO: PC 12204 CONFIRMING ORDER L-JxX Tt43 number mot smear on an 1 (IF MARKED) I v~olcee, d*Wy ska. costa, i DO NOT DUPLICATE Q dns., boxes pod M0 and b& No: 61d No: Dale: 02 14 91 Page No. 01 t PURCHASING DjV jSION / 90f 1 TEXAS STREET / DENTON, I EXA$1620 f p )OR /1)1383-7100 D1FWMETAO&fF126F-0OI2 FAXOII13 31692 ' E/ 1 C R ELEfI IC oEUVERY CONFIRMAIIDN CNLY C22 e0. BIX ELECTRIC L' 6U85TM1CN h 3ES8 tCLMANo SC 87017 ADDRESS 901 A TEXAS ST I DENTON9 TEXAS 76201 RICH MESTCVER VENDOR NO. TRE46002 DEUVERYOUOTED 03 18 91 F08 DESTINATION TERMS 1 1.000 EA FNDLR CAT. l NA MFG NAME le000.6000 l1sb00e00'' CITY 9 28384 MCGRAW EOISION 2500,KVA 6.6X2 TRANSFCRMER 13200 / 2400 R' y. 1 '!Ni h ~YRae bT,M. i p~ (►p JANO DIAL 1~~00~00 ' 610 080 0282 9122 l1e000i00 3 Tirme -Net 30 lows oewwfae epwMel OM NSTRLICTIONS: 4, StJpo ng i Ahx N F.O IL DmflnaliW prtoald P*41 eeunwe.a+ .d) Fr erx! FNOIa whh &1*01le copy. M tp nb FtiyeMe S. No %dsrsl or Nate mitt tax "be InoN,:ed } Q1SE.kol" SL inarrnbitted. VENDOR rcMN p0lvlelon y 1 GtMon.1K 76201 w~ , , 3 t r♦ , ' ,dC r { w~ 9: 1 r i i i 4 I ~~rr 2651L-113689 i . . N0. AN ORDINANCE ACCEPTING COMPETITIVE Blj)S AN AWARDING ORA SEONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT PROVIDINHE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. received city has solicited, and tabuulated ~itiv5' purchase of necessary materials, v competitivliesd orf service in accordance with the procedures ul meat, state law anJ,City ordinances; and • : WHEREAS," the City Manager or a designated employee ins ed that the her sin or reviewed and recommend ent suppl described bids are lowest responsible bids for the materiels, equips ; services as shown in the "Bid Proposals" submitted the,refor; and for WHEREAS, the City Council has provided in the City Budge the { the appropriation of f ds to be used or servicesr approvthe and accepted i k materials, equipment, supplies herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NSt numbetod SECTION I. That the numbered dies, or rerviceswshown in thw' bide o m e ials, equipment, supp are "Sid Proposals" on Ills in h b id of t eigned th Krta asing number k. herby according to the as being the lowest responsible bids t' for such items: BID ITEM NLHBBR N ENDOR AMOU~~T O, y Al i ,i• f $Y I.. if y1. l h 4 WV1 . SECTION II. That by the acceptance and approval of the above numbers tems of the submitted bide, the City accepts the offer of the persons submitting the bide for such ite or and agrees in purchase the materiels, equipment, ecifications, standards quantities accordance with the terms, specifications, and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting;, approve 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 contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and a roval of the above numbere ems of the submitted bids the City Council hereby authorizes the expenditure of funds thersior in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become sifectivb imme ate y upon its passage and approval. I PASSED AND APPROVED this day of 19916 800 CASTIMERRY,, MAYOR ATTESTi ; MOVER WMERS; CITY 19UMM APPROVED AS TO LEGAL FORM: DEBRA ADM I DRAYOVITCH, CITY ATTORNEY Y BY Y, PAGE TWO Y' F77 L s DATE: March 5, 1991 i CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMI Lloyd V. Harrell, City Manager j SUBJECTi BID #1220 REAR LOADING REFUSE TRUCKS r; 1=30E![D,a112tl: We recommend this bid be awarded to the lowest bidder meeting specifications and offering an acceptable delivery s, schedule, Davis Truck and Equipment in the amount of delivery 6 in pe30 r dtruck. 113Toal 3`55t,20d award for two units with y AUKHbS1s The recommendation of award on this bid tlmIs based upon a combination of price, deliveryand ; specification. The bid documents as sent to prospective vendors indicated in bold print the followings NOTEt Delivery will be a major portion of this bid award evaluation. Please bid your best possible delivery. q Failure to meet delivery schedule bid could result in, removal from future bid list. This clause was intended to fairly and openly relay the importance of delivery to all prospective vendor's, t Delivery became an important issue after several months of ` maintenance bills for existing equipment started excded`n~' 52000.00 and 12,500.00 per month per truck not including y ~ and overtime for refuse collection, These existing trucks 4 Intl/Shupoo, were scheduled for replacement at the and of five years but were retained for one additional year due to budget rt! restraints. These unite are no longer economical to repair. + Acquisition of new trucks this year has been affected by 0 the 4rv calendar for sale of Certificates of Obligations and funds. available for repayments, 2) discussions concerning the3olid 5 Weste System in its entirety, and 3) evaluations of aids loading trucks vs rear loading truoks. + The units bid by Davis Truck most or exceed our specificattions a i and are the lowest bid for 30 day delivery trucks, T price offered by Equipment Southwest Ford per truck lees expensive. days and they fail to most our specifications for pecker cylinder, size, gross vehicle weight rating on the truck chassis, as well as capacity and pressure of the hydraulic pump t=. t yy 1,~LA. 1 van, Y CITY COUNCIL REPORT MARCH 5, 1991 PACE 2 OF 2 r Our recommendation to purchase trucks from dealer stook is A further reinforced by the heavy demand for certain parts, Indications are that increased demand for transmissions, filters, wheels *to., being sent to military installatiOns, are delaying production schedules for some sizes of trucks. Any savings generated by purchasing the lowest price truck is offset by increased maintenance cost and delays in service to the } ' residential customer. h 9AScdQSQ3l2iQ~ Tabulation sheet. Eg44$dMS. p$PISTtlBlILQB~S9ilY~_~PFF~TSII~ Solid WAst0 ' ReaidOntial Collection Division and Fleet Operations, i Funds to purchase these 'trucks will come from r urohas0 PIS~IL_3bYl~T Certificates of Obligation sold for fleet acquisition purpodeao° Repayment will 0000 from budget funds for motor pool payments.i a ' Respect ully submitted, 4 t r r ',~f sal iA Lloyd , Harrell" • City Manager r; Ap roved rrrrrwr.~wrrrrr.+rr.rrrrrrrrrrr 1 Namei To Shaw, C.P.M. TltleiPurohasing Agent TS/Sh j 132. Doc y` ,y r P 1 t. r ~.l rYi►w'avk.'v.wH y .i• 1. ....,-,.....w e-xw'laW c.,,l :r:.:e n, 1 \ 1..f ~.V Ali 'I 3 °.ti q y1 ` liftv f t` I BID 0 1220 I I I I I I I t I F F1ISE TRW R>;Smm ALI sOVIHYdST I IID.s. I DAVTs TKM I SWDHZM l ~E'1R0 FofO E 17QUIRfN1 I KWAW DM. am WE 1 DnMTICWL 1 I 1 1 i soup sT cm DATE 2-12.91 1 1 I I I I t I I I I I I t 1 . Acoa>rn' ,r I I t E i - f i VE DOR I VENDOR I VENDOR Yu m ! MOM ~ o E t1K I ITET1 DEgCRTPTION I VENDOR I- VENDOR { I I 1 ~ ~ 1 I ! ( n'ERY) I ( $670205.0001 *6,772.60I 167,111.00 i E I j I = DEl.avslar DAYS i 1 30 DAYS 1 30 DAYS 1 30 DAYS 1 1 2 I I REFUSE TRUCK I 166,262.32 I 165,305.00 I 166,060.00 1 165,640.00 1 164,495.00 I 164,495.00 ` 165,74T,Od DEI.IM DAYS I NOT LIMED 1 70-90 DAYS 1 90-120 DAYS i 90-120 BUS 1 120 DAYS ; 60-120 DAYS I 90-120 DAYS ' 1 I E I I 166,etb.50I I l 1 3 i 1 RtF1M TFdXIC ALT. BM D, i I I I ( I t f. 11 1 1 DEI.IYFlaf DAYS ; i 120 DAYS E 1 I I I I I E t ~F.. t I t I E 'rte r I t ,i k r~r . iFl t n. If! S . I E. F•~ . 41, ~ 9, ki M' . 1,~ dlM1 5 ~yyyyyy~ a ' f 4 ! f'~ ~a51? 45 r7r 1 I I I r[4 MEMORANDUM r TOi BETTY McxEAN, EXECUTIVE DIRECTOR MUNICIPAL SERVICES i ECONOMIC DEVELOPMENT PROMt JOELLA ORRr LIBRARY DIRECTOR f, SUBJI LIBRARY PINE ORDINANCE DATEs March 1, 1991 The Denton Library Board recommends that the following amendments be wade to the Library Pine ordinances 10 Pines for overdue booksr record albums, vertical file mate:iais# Compact discs from $.10 to $.IS per days / s 4. Replacement of lost cards from WO to $1.001 3 , The word "fine" has been changed to "extended use fee". JOELL RR JOsis 2016E I i `al C. 4001 11000 ORDINhNCE N0. ING AMEND FEES AN ORDINANsB iOFR OTHE VERDUEyBUOKSEANDNMATTEXAS ERIALSpFORVTHE MILYEFOWLER AND CHARGE PUBLIC LIBRAPY1 AND PROVIDING AN EFFECTIVE DATE . THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS% S X=14 S• That the ordinance passed and approved by the City 21, 1986, setting final for overdue books and ikk> Council on pctober materials for the Emily Fowler Public Library is hereby amended to provide for the following chargest For Non Residents of Denton Countyt li-ant who is not a resident of Denton An app or Denton County, but who is e amyr be eisssuedia dent of an adjoining c rivileges upon payment Y library card with full p . of an out-ol-county fee in the amount Of of an -five Dollars ($35.00) Per year, com 1hirty onoing on the date of applications m i 2, For Extended Uses a, A patron may borrow books, record el- bums, vortical file materials, compact discs, for a two-week period, After that time, he shall pa an extended U84A { fee of fifteen cents (9.15) p b. A patron may borrow video cassettes for ono-wook, After that time, the patron shall pay an extended dayl use fee of ons dollar ($1,00) p c. A patron may borrow art prints and s. A sculptures for six aneextondedtustlee time, he ohal1 paY ' of one dollar X,0) per days and do A patron may borrow a v After ashetteiro, ' corder for two days he shall pay an extended use fee of twenty dollars ($20 Oo) per day, exolud- ing Sundays and holidays, f e a' l waar.i iA.r '.P.u,p.rv P4 W'•..H:.- ' i~,~,; 4, 1- z P 1 it • 'T.,Ce ..3, 1'or Replacement of Lost cards: ',he fee for replacement of cards is one dollar That. this: ordinance shall becosae effective immediatoly upon itss passage and approval. PAssE1) AND APPROV : i1 this the day of 1991. BOB CASTLEBERRY, MAYOR 3 ATTESTS JENNIFER W%LTERS, CITY SECRETARY w F t ''r BY, APPROVED Al TO LEGAL FORMt { DEBRA A. DRAYOVYTCH+ CITY ATTORNEY r J ti' ~ i' al,tl LSD r ~ " ...'.}I'~•!y'rwvw.w"+Mwiur~ a. Ky!i+y*r, ISrtfL , ~ t 1 111 I Ir I DRAFT MINUTES REGULAR MEETIVG DENTON LIBRARY BOARD FEBRUARY 28, 1991 i Presents Ed Coortea, Jean blasgow, Macy Jo Pickens, Ted Maines, Dorothy Adkins, Jean Schaake and and Joella Orr. I Absents Margret Chrisman. The minutes of the January 17, 1991 Special Called Meeting were approved as read. Ted Maines moved approval of ordinance for Extended Use Fee, seuondod by Jean i L Glasgow, The motion passed unanimously, fl Jean Glasgow reported on the Texas Library Association Legislative Day in , Austin February 13, 19911 A primary concern of the public libraries was the Legislative Budget Board recommendation which cuts below Federal guidolinea and will result in the loss of Federal funds, as well as smaller state allocations, The LS8 did not recommend allocation of funds for academic libraries to participate in Texas' share, The public school librarians are concerned about the exclusion from the career ladder, These were the Concerns to be presented to Legislators by those attending the conference. Ed Coomes reported on his visit to the Planning i toning Commission regarding the Library board proposal for the new library site. The report was received with no recommendation from the Commission. i The Board examined the past year expenditures and proposed budget for the Memorial Funds The consensus was that this item would be put on tha agenda for the March regular meeting. With no further business, fed Maines moved that the meeting be adjourned, Mary Jo Pickens seconded the motion( motion carried, The meeting was adjourned at 900 p.m. 1419H 010191/js t i 1 I` 'I March 5, 1991 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDER AN ORDINANCE ESTABLISHING COST FOR STREET LIGHTING SERVICES PURSUANT TO SECTION 25-21 OF CHAPTER 25 OF THE CODE OF ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 1 RECOMMENDATION The Public Utilities Board, at their meeting of February 20, 19910 recommended to the City Council that Ordinance #87-102 regarding street lighting costs be revised as follows: Existing Proposed Size Pole Charge Charge 10OW HPS Fiberglass (Owner Conduit) $ 760 $ 800 100W HPS Fiberglass (City owned) 1020 1000 25OW HPS Fiberglass (Owner Conduit) 860 1320 250W HPS Fiberglass (City owned) 1060 1464 f I, 100W HPS Existing Wood Pole 255 255 25OW HPS Existing Wood Pole 290 290 ' ' 100W HPS New Wood Pole 535 n/a 25OW HPS New Wood Pole 575 n/a SUMMARY/BACKGROUND The majority of the increase for 25OW HPS street lights was caused by changes to the specifications for fiberglass poles. One change was to Ii increase the mounting height from 30 feet to 40 feet. This change was done to improve lighting on public roadways. The other change was to require the poles to be breakaway. This change was made to improve ! public safety. The new wood pole option was eliminated. This option i was set up to cover areas where overhead service was in the rear and } poles were needed on the front for street lights. A coijy of the existing ordinance is attached for your review. ; X41 -....~y:. }YCdL bny{r y CITY COUNCIL AGENDA ITEM STREET LIGHT ORDINANCE REVISION PAGE 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric Utilities, Developers, General Public. FISCAL IMPACT $ Increase cost to developers of secondary arterial and primary arterial streets. Respe fully, L loyd V. Harrell City Manager `Q~ r ~ Prepared by: f3. U l l ns6f r' E. B. Tullos, Director Electric Department AP VED BY ;r` R.ENelson# Exec tive Director Department of Uti sties/Commuslity Services 4", 4 EXHIBIT I Copy of Ordinance 87-102 II Copy of Proposed Ordinance III Minutes of PUB Meeting of 2/20/91 ,r r. C WWI 1 f 111SL N0._ AN ORDINANCE ESTABLISHING COST FOR STREET LIGHTING SERVICES PURSUANT TO SECTION 2$-21 OF CHAPTER 2S OF THE CODE OF ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That pursuant 'to the provisions of Section 2S-21 of C apter of the Code of Ordinances of the cost to be charged for providing street lighting services are hereby established as follows: SODIUM VAPOR LIGHTS f SIZE POLE COST 100N HPS Fiberglass Pole (Owner Conduit) S 760 1 250W HPS 00W HPS Fiberglass Pole {(City Conduit) 19020 2SOW HPS Fiberglass Pole (CityrConduit)) 1,060 100W NPS Existing Wood Pole J 2$OW HPS Existing Wood Pole 29 290 0 " 100W NPS New Wood Pole SSS 1 2SOW HPS New Wood Pole S7S U41 I SECTION II. All ordinances or parts of ordinances in force when the prov lions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contain in this ordinance are hereby repealed to the extent of any such conflict. SECTION III. That this ordinance shall become effective immealaatelyupon its passage and app val. PASSED AND APPROVED this the.IA_ day of , 1987, a RAY E 5j;MENSj-jKTQK ATTEST: MIEETUT APPRO ED AS TO LEGAL FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EXHIBIT s BY:+ 1*7 Y i 1 h 1 ORDINANCE NO. j 1 AN ORDINANCE ESTABLISHING COST FOR STREET LIGHTING SERVICES PUR- SUANT TO SECTION 25-21 OF CHAPTER 25 OF THE CODE OF ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN C EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: f SECTION I. That pursuant to the provisions of Section 25-21 of f' Chapter 25 of the Code of ordinances of the cost to be charged for providing street lighting services are hereby established as fol- ` lows: SODIUM VAPOR LIGHTS ' { ATE P41,H COST 100W HPS Fiberglass Pole (Owner Conduit) $ 900 ,f r 100W HPS Fiberglass Pole (City Conduit 18000 25OW HPS Fiberglass Pole (Owner Conduit) 103.20 I 25OW HPS Fiberglass Pole (City Conduit) 10460 100W HPS Existing Wood Pole 255 t#' T j 25OW HPS Existing Wood Pole 290 k` SECTION ii. All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are' „ - inconsistent or in conflict with the texas or provisions contained . in thr,s ordinance are hereby repealed to the extent of any s`1ch conflict. ,g=ION III. That this ordinance shall become effective in- mediately "pon its passage and approval. i PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY$ MAYOR EXHIB E IT_._aft- T . t," E is ATTEST:( JENNIFER WALTERS, CITY SECRETARY 41, BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHt CITY ATTORNEY ` . BY: " y 07 ti r r. ~ R :ytl k i I l 4 ' PAU 2 i r E T. Fred Gossett `Xs a representative of Home/apt builders, we appreciate the work that is being done in softening these. expenses) however, at the same time, not having had'a~ chance to read the new draft, I would like to-postpone, meet and return to-the board. 'There are some things within the new draft subject to interpretation. Laney made a motion to table this item; second by Chew; motion to table approved unanimously. 1. CONSIDER AN ORDINANCE ESTABLISHING COST FOR STREET LIGHTING SEkVICES PURSUANT TO SECTIN 25-21 OF CHAPTER 25 OF ETHECODE O;~ AND APROVIDNG REPEALING AN EFFECCTTIVE IN CONFLICT REWITH DATE. I , Tullos introduced this item advising that the last ordinance a done in 1987; this is a ' installed. p These t chargese represent actual costs. Frady made a motion to approve subject ordinance: Second by Chew. All ayes, no nays, motion carried, 8. CONSIDER'APPROVAL OF THE PARK MANAGEMBNT-COMTRAL"1' BETWEEN TEXAS PARKS AND WILDLIFE DEPT/CITY OF a DENTON/CITY OF DALLAS. Martin advised the Board they have seen-this"' information before, but what staff did'not have during- the last review was a-signed copy of lease agreement to .i become an exhibit. necessary for this contractI -that hat been receivedy Texas Parks and Wildlife has radommended for approval, and staff is asking for your approval 1 also. Chew made a motion to approve subject contract. Second f by Frady. All ayes, no nays, motion carried. l :a l j a I I T l r' DATE: 03/05/91 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager E SUBJECT: CONSIDER AN ORDINANCE REZONING 5.165 ACRE ON BONNIE BRAE FROM .A, TO '0' „ RECOMMENDATION: Council directed that an ordinance be prepared to rezone this tract; from 'A' to 00' on February 19, 1991. s SUMMARY Rezones land from 'A' to BACKGROUND. November 15, 1990 DRC and developers conduct development predesign conference and rezoning to PD. i December 13, 1990 Application for 'NS' district made by ? Bob Lemond . January 9, 1491 PAZ holds public hearing and makes f report with no recommendation, .r' '0 ost ned At 41~ February 5, 1991 Council public hewing p po ' i applicant's request and continued for tq' February 19, 19914 February 19, 1991 Council votes to approve 00' tezoniN, pROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:` Owners, neighboring property owners. PD zoning on entrancevaya no longer required in every case, FISCAL IMPACT: None Respe u]ly ate d: props I Lloyd a Harrell k r, City Manager ` p H. Robbins ICP Executive Diecto Planning and Development a s 2570x t , 1 4J s STAFF REPORT t' i To., Denton Planning and Zoning Commission Case No.: Z-90-015 Meeting Date, January 9, 1991 GENERAL INFORMATION Applicant: Robert H. LeMond, FA1A LeMond Associates Architects P. 0. Box 100366 Fort Worth, TX 76185 Current Owner: Newton Razor Requested Action: Rezone a 5.165 acre tract of land from Agricultural District to Neighborhood Service District. t,. Location and Size: 5.165 acres located approximately 600 feet south of University Drive on the west side of Bonnie Brae. Surrounding Land Use and Zoning: North - General Retail (Shopping Center) ' South - Agricultural (Mostly Vacant) East - SF-10 (Residential) West - Agricultural (Mostly Vacant) Denton Development Plan: yty_ . Low Intensity Area SPECIAL INFORMATION Transportation: 4. ` Approximately 20 feet of additional tight-of-way will be I required along Bonnie Brae. Only one (1) curb cut will be allowed. Sidewalks will be required along Bonnie Brae. s Utilities: There is an existing 16" waterline In Bonnie Brae, Sanitary sewer will need to be extended across Bonnie Brae frontage to Emery and tie into the existing manhole in Emery, approximately 130 feet east of Bonnie Brae. Adequate fire flow is available for up to commercial use. J' 21 1 I (Case Z-90-015) page Two - SPECIAL INFOlt11ATI0N (continued) Drainage: assuming k The drainage system under Bonnie Brae was disiconsistent residentin DevelopmenttPlanprtiereEoreisan office or with the Dento neighborhood service development of this slzelaced basedron detention. The water inlets were sized and p existing conditions; therefore, at least two-thirds of the site generated runoff needs to be collected on site before ' it reaches the street. HISTORY ~ on this The requested rezoning is the first development activity site. Therefore, there is no history to report. i ANALYSIS I The proposed The property is 1ocate8 In a low intensity area. ofesslonal medical P rezoning is for the purpose of constructing pr E' offices and possibly a pharmacy, Into the city of q: Bonnie Brae is considered an entranceway C According to the Denton Development Ppplati, development major entranceways present the fiihlsip recisions of the Denton. M good is to along eye. The policy oaote good urban design to enhance the aesthetic city to the public encourage and p tranceways. quality and visual amenities along en guidelines in the DDP that are required for j There are specific g ` developments on entranceways. adequate Development proposals should be reviewed to ensure ebuanot j compliance with standards aforreachritem,sthecneighborhood { limited to the following. i services district standard or other coda standard for it is stated. a. Front Yard Setbacks: Minimum front yard setback in an ; Neighborhood Service District is 25 feet. +5 Service District b, Building Coverage In Neighborhood toverage. there is no maximum building i i owl I I (Z-90-015) Page Three f , ANALYSIS (continued) C. Landscaping: 20 percent of the street yard will be ( required to be landscaped as well as 5 percent of any parking lot on a street, and 4 percent of any internal parking. d. Signage: One (1) ground sign will be permitted on the frontage of Bonnie Brae not to exceed 6 feet in height and 60 square feet of effective area. e. Curb Cuts: According to City engineers, only one (1) drive approach will be allowed off of Bonnie Brae. f. Off-Street Parking: For medical offices parking requirements are one (1) space for each two hundred fifty. (250) square feet of floor area with a minimum of five (5) spaces. For a pharmacy, the required parking would be one (1) space for each two hundred (200} square feet of floor area with a minimum of five (5) spaces. t g. Design and Construction Facade: Tnis Is an issue that generally is handled in a Planned Development District. In a ddifficul~onvtenttoloadnal district, it is - h. Pedestrian Access: When the property is platted, sidewalks will need to be designated. "x- 2. Promote Integrated site design and layout which consider adjacent tracts of land with emphasis given to internal circulation as opposed to continuous strip development. The City Council, by way of an unwritten policy, has requested that all rezonings on an entranceway come to them In the form of a Planned Development. The DDP policy foray entranceways places a lot of emphasis on design Issues. t rezoning this tract to a conventional (straight) zoning district, the governing bodies nor the public will have the 1 opportunity to play a role in the design. f A low intensity area is allocated 60 trips per acre. This particular tract is located In Study Area 114 which consist of approximately 300 acres. All of this study area is under one ownership and has been used for agricultural purposes as well as the homestead for the owner. The proposed neighborhood service development would be allocated 313S7 r intensity trips (5.365 x 650 • 3,357). As per the Denton Develop went Plan, the total number of allocated trips for this site is 310 (5.165 x 60 310). Therefore, this site s'G s t, ,k d0k*j. (Case Z-90-015) Page Four J 1 ANALYSIS (continued) is over allocated by 1,047 intensity trips. There are 1,498 unallocated trips in the study area. Because the proposed rezoning exceeds the allocated Intensity trips, a disproportionate share analysis is required. In considering the disproportionate share allocation of intensity, the Planning and Zoning Commission and City Council should consider the following items but are not t limited to these items: a. Adequate Infrastructure The Infrastructure in this area was designed to accommodate residential uses as well as low intensity type uses. There would need to be improvements to the existing Infrastructure In order to accommodate this type of development. (See Special Information section of r, Staff Report). Generally, the infrast:ti.ture is In place to support the development, or would oe required during platting of the property to be adequately constructed . b. Unusual Topography J 1 There is no noticeable unusual topographic features to , this site or within the study area which would provide Intensity trips for allocation elsewhere, c. Compatibility One way to determine compatibility is through good design. The surrounding properties are mostly agriculturally used land however, the site abuts an existing strip shopping center which is located in a moderate activity center. d. other Policies Strict compliance with the sign ordinance, landscape and j screening ordinances will be required on this site, if approved. The proposal violates the trip allocation policy of the DDP and would cause the study area to be in an over-allocated status. t as _ . . _ , . _ . _ Owl a (Case Z-90-015) Page Five This proposal also violates both the concentration and separation policies of the DDP. The plan states that Neighborhood Service Centers shall be located at least a half mile from other non-rosidential retail centers. The size of the non-residential centers vary from 2 to S acres depending on their access to a specific category of thoroughfare. Bonnie Brae is considered a primary arterial with a DDP policy standard of three (3) acres of non-residential use. " Because the requested rezoning is for a Neighborhood Service District, many types of retail type uses are allowed by right. The DDP addresses strip commercial uses as follows: "g. Strip Commercial - It is the intent of the plan to encourage centers of activities and to discourage strip commercial development. This will be accomplished by: 1) Limiting curb cuts. R 2) Requiring site plan review (I.e., parking, setbacks, etc.) 3) Encouraging diversity on major arterials (commercial nodes broken up oy nigh density { housing, offices, etc,) 4) Discouraging unsightly and hazardous strip commercial by requiring sign restrictions, ' buffering by greenbelts and/or landscapping. 5) Limiting amounts of commercial/retail land use In moderate and low Intensity areas," The proposed development adjoins and existing strip Y" shopping center. If there could boa guarantee that medical offices and ancillary type uses were the only uses of this site, then there would be no violation of this policy of the DDP; however, with straight zoning there is no guarantee of the specific use. If the applicant chooses to reappi for a Planned Development District, there would be greater opportunity to reevaluate the proposed development especially relating to all of the policies of the DDP, For instance, office use intensity trip allocation may not use more than the available unallocated trips of the study area. The applicant has indicated to us that there is not enough information available to prepare a PD detailed plan. 1 , . rr~ (Case 2-90-015) page Six RECOMMENDATION a Staff recommends denial of Z-90-01S. a. ALTERNATIVES Y r 1. Approve petition n 2. Deny petition ATTACHMENTS 1. Location Map y.I 2, LUMIS Intensity Area No. 114 and Map 2Sllx 4 t.. }"z KS4 r t !1y ~''a e 1 5 h .AAOJ ATTAcmmb `I' 1 1. •.S.'. 11 , ; ; ~i i.. I.A.. vr,~acricwnsraa uatrtar ~ I, 454"INI ccHrw a• f r e 4rIY[ROlI► OAIV! ~Y ITEO ~r. y, LOCA170N HAD I 1.1500' ~ ~ } i •1 , } air? ,r;,- ' 1 fr. 1 \ \r _ _.._•r a~a..-.ces.x Ara .,.n,. \a..,;:,MH i I Y"' 4^7J.L~ r Irv h'Y aa:'C et;~ ATTACHMENT 2 • 1013if4111 ABBA • 114 Me 29953 ACISS .WON sr1a0~11tioM lasts bonnie area and a boundary line following the esistin9 01 Ming sleets 1-3S Nortbi University Driw (Ivy 310) South $ Scripture L Mm sN ~a ~S 7~q Ilk, r i eras reaa/ s Bar 2000 . { 0 . 1000 booms" 1 2~1 li k { .azs.ri~ 1 f r i , tA" Uss NANAAaw l INIORMATIOM pIAMNINO AND DMLOPIQM'! OXPARTN M'1" CITY OF DZNT" • I Lott trips/A4 ----bt lntuuity 2ftteftsity area ~t ii{ Type Traffic survey softest 6615 , stoutsdary Descriptions Northr University Dr. aouths aarieture of OR seninq Dates 11/26/69 faassts ionsS a Arse and boundary q' rr ........son" PtAXIM ................r.~D~~.A LWD U6! t%2lTIItd LANG URR CUlRRM? UNITd INl"W327 CATlOORY UMITR ACM IWMSM'Y ACUS IM!'MM'Y ACOMS ia • .r_......_..._r...rr.lrr.i r._r.. ..--•••O .......Or.......o ...r at-10014 0 0 0 0 0 0 0 t 0 St-7 0 0 0 0 L=i/~ 0 Do 0 0 0 0 0 00 0 0 r t D 0 691-R N1.1i2 0 0 0 0 0 0 0 s J COy~ O O 0 0 Q 0 Q ~ r.nY r OPTICS 0 0 0 0 0 0 0 IN 0 to6TIINAL 0 0 0 0 0 0 .0 e~x PAPA 0 PM2 d y Y 0 t 0 1{.170 0 0 0 274.4 0 0 0 AMC 0 s 0 0 0, O VACAM? 0 274.4 ...r.r•rrrrr•-rrrr.r•r..rr.rrrrrr10_• 274.4•r...rr.o .-r•rrro ..rr~r.a r.r..... w TOTAL 1 269.52 .r.•~--.._rrrr.r..r.......rr.rr.....r.-•lrrrlrrrrrrrrlrr-r 1 Ingo ITY CMACMTIOW a~'e 1 Intansityy area total trippsst land P~1t tia" 60 1741i 2 Trips allooatM is astisttrs usu l ) ; 7 Trippe~ alloOatod to earmt soniny 1nol. P Dal (not built) ass 16464 siiltalMo attintansla8ensd Plus slaws l012 y 4 i 4 . 11 6 rirOantb st 1nta~ity trim allaws `s r.l.r.rrrrrrrrr.rrrr.••--rrr.rrrr.._rr.r.~...•l.r.rbrrr.r.r~rrrrr.rrrr..irr...r 1 r p, ~l r~ 5 y..y 1 i I ry=Y I bonbra.o ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE V FROM AGRICULTURAL "A" TO OFFICE "0" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 225,000 SQUARE FEET OF LAND LOCATED ON BONNIE BRAE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF! AND PROVIDING FOR AN EFFECTIVE DATi. WHEREAS, Robert LeMond has applied for a change in zoning for A 225,000 square feet of land on Bonnie Brae street, south of University Drive; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, h, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; ,,CTION I. That the zoning district classification and use A Y . designation of the 225,000 square feet of land described in Exhibit A, attached to and incorpoy:ated into this ordinance by reference, r, is changed from Agricultural "A" to Office "0" zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is amended to Gy show the change in zoning district classification. o h_ S CTION ILI. That any person violating any prevision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. sFrrtoN IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance ` to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ton (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ' i i r . ATTEST: I rr JENNIFER WALTERS, CITY SECRETARY P tf f BY. APPROVED AS TO LEGAL FORMS E r DEBRA A. DRAYOVITCH, CITY ATTORNEY j r a BY, V 4 ~rf4 t ,fem. 4r", at~r ai 1 Y t P. d~ F PAGE 2 i : •r.i r Owl 1 A t j EXHIBIT A t, \ P t 9 L D W0TEr gyp; pproximstoly 215, 000 square feet of coal property situated in the city , l. exas, being 308 feet of frontage on State of T and County of Benton, particularly Bonnie Use street and approximates' 730.6 Poet deep, more t described as follows Beginning lmmrdiately south of the existing shopping eentss (rrid shopping center located ai University Orlve adlrection onosonnie~brke Brae street and continuing in a southerly int for corner) street for a total of 308 foot to a po Thence 730.6 feet in a westerly direction to a point for corner r y 308 feet to a int for -el y, thence in a northerl direction corner, said point for corner being apps Lmm~diately south f thexietinq shopping centers Thence East 730.6 feet to the Place of Beginning, and contsninq in all 225,000 square feet of land, (The legal description of the real eitate, which is the subject of this transaction, will be prepared by 'the surveyor. such legal description prepared by the surveyox Will be used in the deed and other instruments incident to this transaction). I' EA h ar T -T dysna 6-4 i ORDINANCE NO. t r' AN ORDINANCE OF THE CITY OF DENTON TEXASo APPROVING A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OFDENTON AND ROBIN DYSON:J .t AND DECLARING AN EFFECTIVE DATE. Y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I. That the attached Compromise Settlement Release and t. Dismissal with Prejudice of all Pending and Future Claims between the city of Denton and Robin Dyson, providing for the settlement Off and compromise of the litigation now pending between the parties before the 16th Judicial District Court of Denton County, Texas, ~7+ Cause No. 89-710-A, is approved in accordance with its terms. The City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement." i SECTION II. That this ordinance shall become effective U' immediately upon its passage and approval. PASSED AND APPROVED this the day of March, 1991. tM~' BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: cj. LA^.e---, r° P; 1 , j , i z i r .r t NO. 89-710-A t { i ROBIN DYSON, Plaintiff § IN THE DISTRICT COURT § 16TH JUDICIAL DISTRICT ,r ` V. § r.t . § DENTON COUNTY, TEXAS MICHAEL BEUTNER, ET AL § ! Defendants COMPROMISE SETTLEMENT RELEASE AND DISMISSAL" WITH PRE`UDIC, OF ALL PENDING AND FU= CLAIMS g ; THIS AGREEMENT is by and between Plaintiff, Robin Dyson and the City of Denton, Texas, hereinafter referred to as "City": r ~r WHEREAS, on March 24, 1987 Plaintiff was in an accident on the, service road of Interstate 35E at Teasley Lane with a vehicle oper ated by Michael Beutner, a police officer of the City of Dentont i and WHEREAS, Plaintiff filed the above-captioned lawsuit seeking, r unliquidated damages for personal injuries; and ' r WHEREAS, Plaintiff claimed as cause of action in the above , captioned lawsuit the negligence of the City of Denton and Michael` Beutner; and I WHEREAS, bona fide disputes and controversies exist between the parties both as to liability and the amount thereof, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of actions of any R:- kind whatsoever which Plaintiff has or may have in the future aris- ing out of such occurrence and intend that the full terms and r r 61 1 5r r $A, saw, i conditions of the compromise and settlement be set forth in this .4 compromise settlement agreement s: NOW, THEREFORE, for and in consideration of the recitals set Y forth above and the sum of Fifteen Thousand Dollars ($15,000.00), the receipt and sufficiency of which is hereby acknowledged, Plain tiff has this day released and by these presents do release, acquit, and forever discharge the city of Denton, Texas and Michael I r Sautner and the City's officers, elected officials, attorneys, agents, servants, and employees, and all persons, natural or corporate, in privity with them or any of them, from any and all claims, suits, actions, demands or causes of action of any kind F' whatsoever, at common law, statutory or otherwise, which Plaintiff has or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly attributable to the above described occurrence, it being intended to release all claims of any kind which Plaintiff might have against those hereby released whether asserted in the above-captioned suit or not. It is expressly understood and agreed that the terms hereof are a; a contractual and not merely recitals and that the agreements herein. j. f contained and the consideration transferred is to compromise doubt- G ful and dioputed claims, avoid litigation, and buy peace, and that 1 no payments made nor releases or consideration given shall be con- i t.. strued as an admission of liability, all liability being expressly denied. 11 r ; 4, 1 COMPROMISE SETTLEMENT AGREEMENT - PAGE Z + Ldd ter l n 411•• • ' 4 i . In further release of the receipt of funds as above described, the undersigned do hereby agree to indemnify and hold harmless I . I ;4ichael Beutner and the City of Denton, Texas and any other person, firm, or corporation bound to defend or pay judgments against it, F. from and against any and all claims, demands, or causes ui action, including claims for contribution or indemnity, medical expenses, y4 Sw and the reasonable necessary costa, including attorneys$ fees, incurred in defense of any such claim, which any other claimant has 4 f or may have arising out of or resulting from the accident on March 240 1987, as above described. V It is further understood and agreed that the Defendant will ' iA present to the Court above designated an Agreed order in the form attached hereto, dismissing such cause in all respects and with prejudice to the rights of Plaintiff to refile same or any part' thereof, and that all costs of suit are to be taxed against the City. Plaintiff Robin Dyson warrants that she has read this Agreement'. and fully understand it to be a compromise and settlement and release of claims, known or unknown, present or future, that she { has or may have against the party or parties released, Arieinq out of the matters desoribed. Robin Dyson, Plaintiff 4. y` COMPROMISE SETTLEMENT AGUEMENT - PAGE 3 , r n...' . r ) A.r:a noel:.... ~,n,... . 1 APPROVED AS TO FORM ONLY: ` i Salon B. Bradley Attorney for Plaintiff non J D. Morris orney for Defendants 41 THE STATE OF TEXAS i COUNTY OF DENTON ; j BEFORE ME, the undersigned, a Notary Public in and for said I County and State, on this day personally appeared Robin Dyson, known to as to be the person who executed the foregoing instrument j and acknowledged to me that she executed the same for the purposes and consideration therein expressed; that she executed the same as her free and voluntary act and deed after having it fully explained to her, and after having read it fully, and after realising the effect thereof to be a full and final release and discharge of Michael Beutner and the City of Denton, Texas for any matter or 1 yt, thing dealt with in the foregoing instrument; and that the, same was executed by her without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that the said Robin Dyson at the time of execution of the release was completely sober, sane, and capable of understanding the character of her acts and deeds and was in complete charge of all of her f 4:. faculties and capable of executing this instrument and of I understanding the significance of her acts. y, GIVEN under my ha.nd and seal of office this day of f, March, 1991. i Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 4 a i ~i CITY COUNCIL REPORT DATE: March S, 1991 ' TOO Mayor and City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HICKORY AND OAK STREET ON APRIL 14 FOR FRY STREET FAIR f That the City Council approve the resolution temporarily closing Fry Street, from its intersection with Oak Street to its intersection with Hickory Street on April 14, from 6:00 a.m& to 8:00 p.m., with a rain date of April 28. RUMMARYI between oak and that Fry Street has requested The Dolts Lodge Hickory be closed from 6:00 a.m. to 8:00 p.m. for the twelfth annual Fry Street Fair. The event features local musicians, artists, and craftsmen and much of the proceeds go to charities,; This years funds are designated for the Denton Christian Preschool, the World Wildlife fund, and the U.S.O. The Delta Lodge requested that the street be closed beginning at 6:00 a.m. so that the fraternity may clean the area and set up for the event, The Fair will begin at approximately 1200 p.m. and end shortly before 6s00 p.m. so that music will not conflict with Grace Temple Baptist Church services. An officer will be placed at the 8:00 p.m. Church At the close of to n , All the Fair,arki the lot from 10:00 a.m Lodge will spend two hours cleaning the area. street activities and by 6:00 p.m. and the street will reopen as soon as the area is clean. One stage in the Delta Lodge backyard i will have music until 0:30 p.m. Some complaints have been received by the Police Departmant { concerning this event in the past. A letter is attached from the j Grace Temple Baptist Church voicing the church's opposition to the location. Last year, the City Council denied the street closing request. The Delta Lodge has made efforts to minimize any inconvenience to ,i a r I 4 Wool Street Closing Request Fry Street Fair Page Two the neighborhood. The number of police officers hired has been doubled. Twelve police officers and thirty members will act as security for the event and will also ensure Fairgoers leave the street after the fair closes at 6%00 p.m. No alcohol will be oold at the Fair, although ice chests are allowed. Yn addition, the Delta Lodge will sell soft drinks and taxis will be called for anyone who needs a ride. The Delta Lodge has provided additional information about the Fry Street Fair and it is attached. , Property Owners and Tenants Affected All the tenants and businesses on Fry Street have signed the J.. petition in favor of the street closure. Property owner Curtin 1 Loveless, who owns several lots on this street, has not signed the street closure petition. Tax records indicate that Js Wimmsr owns the land occupied by Copy Tech. His signature is not on the « petition. However, the Delta Lodge members were told Mrs Loveless also owned this property. All other property owners have signed in favor of the street closure. ` 91~ Name of Occupant Sianatures Obtained fi 1305 Oak Delta Lodge Owner Bartumn Simmons f Agent Karl Simmons 113 Fry Fry St. Records Tenant Agent Karl Simmons 107 Fry Apartments Tenants Owner Patricia viers 103 Fry/ Copy Tech Tenant 1300 Hickory Owner J. Wimmer did not sign petition 1235 Oak Corkscrew Tenant ( r Frank Senenate, owner 118 Fry Vacant No Tenant Frank Sener,ate, owner 116 Fry Campus Barber Shop Eugene Hartman 1 Tenant and Owner 116 Fry Vacant No Tenant f, Owner Curtis Loveless a 3h` t »a E i r Street Closing Request Fry Street Fair f Page Three did not sign petition ; ' 112 Fry Loyd's Tenant owner Curtis Loveless did not sign petition f 110 Fry Jim's Diner Tenant a° owner Curtis Loveless did not sign petition 1226 Hickory Plying Tomato Tenant owner Curtis Loveless 6 did not sign petition , Y Security and Safety Measures if this event is approved by the City Council, the Delta Lodge will hire of! duty police officers to provide security for the Fair. At the peak crowd period, there will be twelve police officers. Thirty Lodge members will 'also bs aiding in security. ' This plan has been reviewed by the Police Department. The fraternity has also worked out a fire lame plan to maintain access for emergency vehicles during the street closing which the Fire Marshal recommended and approved. _ + Please advise if i can answer additional questions, i i Respectfully Submitted, v L. Lloyd V. Harrell rCity Manager Prepa'r'e3°bys Catherine Tuck Administrative Assistant ! r i 1~• I w 1 I 1 2923E I i RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN THE INTER- DATE. ON SUNDAY, APRIL 141 SECTION AND PROVIDING STREET EFFEC HICKORY 1991,9 r' WHEREAS, on Sunday, April 14, 1991, the Delta Lodge is spon- soring the Fry Street Fair to be held on Fry Street between the intersection of Oak and Hickory; and WHEREAS, the Fry Street Fair is open to the general public of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said Fry r Street Fair and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is neces vary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 6100 a.m. until 8100 p.m. on Sunday, April 140 1991; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Fry Street between Oak Street and Hickory Streets a 1'"be temporarily closed as a street or public thorough- fare of any kind or character whatever on Sunday, April i4, 1991 from 6100 a.m. until 8:00 p.m. for the purpose of holding the Delta Lodgge Fry Street Fair, provided, however, that the following con- ditions are met by the Delta Lodge: 1, The Lodge emple l Batist provide Church parking elp keep clear t Grace T of non-church members; 2. That the Lodge will provide personnel to clean up after the Fry Street Fair; and 3. That no music will be played until 12:15 p.m. SECTION II. That the City Manager shall direct the appropriate City ear meet to erect barricades at Fry Street, from the in- at 6: one April 14, a 991, the and intersection the sameoremoved at at 6:00 p0 a m. • ` 8:00 p.m. on said date. SECTION III. That in the event of rain, said street may be closed on un ay, April 28, 19910 SECTION IV. That this resolution shall take effect and be in ,full orce an effect from and after the date of its passage. I' 1 ate., nos.''. S :r "awl 1 ° r E , ~ " PASSED AND APPROVED this the day of 1991. + I .M~ y BOB CXSTL ATTESTS JENNIFER WALTERS, CITY SECRETARY ! APPROVED AS TO LEGAL FORM: DEBRA A. DRAYWITCH, CITY ATTORNEY r ' I t vi BY: r r. ~ ttr 4 ~t y , Y. R Ey. i ~i I, .r aA 'r . tt ° 'Its ~y I PAGE 2 ` r , Y { y 1 Mal . 1 i REOUEST FOR STREET CLOSURE Organization requestinq street closure 11b LJ6,10. g ~ Contact Person: I ~"nC _ W 9 11.. Phone Numbers Street To U Closedl Pti JX Ole A, N4 0( Date and Time To B4 Close Intersecting Streets Imo; Reason M Closures T Please complete the bottom portion-of this form. &k residents and/or businesses affected by the street closure M= be contacted and sign below with an indication of being I favor or in opposition to the street closure. N 1►UT OR I 2E or SUSINEAS 21 ICA 12 20 1. 111 S .i p ~~ar_ rrq 6. V64 i 7. d• 0 10 29ISC/S i ~ . aenit~aT TOR STREET CLOSURE organization uquestinq street closure ~ _ • Contact Person: I^` F s Address: ~ Qc~A -n1+3b . d Phone Number:„ ` a Street To So Closed:,_ ^^Q d~ Au; I Apr; !i Date and Tine To He Closed: Intersecting Stesets: } r ' Season !or Closure: Please complete the bOttoat portion of this torm. residents and/or businesses affected by the street closure 1'= be contacttedosand sign ition to the street losuciiCation of being in tsYOc of pp l NAM AUTHORIZED SIGNATUIS or Bval!~*as , a 46 S. 4. - 74 ~ 1C d 29e3C/6 ~a 11 Pai dP. "Owl 4 i i j I { 12TH ANNUAL F .J- • FRY 8TREET PAIR ; AND SPRING RENAISSAWS 1 9 9 1 or' Y, x MASTER PLAN AND MPWMATIONAL GUIDE .a *AAA~FIYA►*kA+kA!*fk►►+!*!t►M*!##~~►A+k►lFi* . r Brought to the Denton Community `t by the Brotherhood of Delta Lodge, oraanizers~ Brian Nuabling Christian Painter: A Delta Lodge President BDoth sales chairman 1305 Nest Oak Street 11504 Nest Mulberry #8 Denton, Texas 76201 d+nton, Takao 76201 (817) 383-3486 (017)-382-6609 Scott Harris Gtag Hensley Pry Street Pair Chairman Music Chairman 2434 Louise 616 1306 Nest Oak Street t Denton, Texas 76201 Denton, Texas 76201 t, (817) 387-0172 (817)-566-2768 , I A A i ~ a frv f . ' ;•.,:...arYd.dalGV0r1-0iC-0Nl4`t1 4IJw (OMil1,..4AVI 4 ♦ i'I rl 4h, k'I 'L,l 12TH ANNUAL FAX s,V 1lAST$R PL~l1 4 M 4%% An informational summary of the organizational structure of the 1991 Fry Street Fair IqN~i QL~LYYi ' G~ ),~F Target Date$ Sunday, April 141 194i f DATBt Main Datet Sunday, April 26, 1991 LOCATIONt Fry Street, between Oak and Hickory r'~ streets, in Denton, Texts THEME t Promotion of looai musicians # merchanto and oraftsm4n . ' CHAItiTiES BENEFITTEDt The Denton Christian Pre-school f,} The World Wildlife Fund , Lr The U. S. Oa r H( r4ff 14 r c , ( f ~J 6l i a p a I fA;M~'. a a ~J p , ,j ['F V } 1 1 71 . 1 r ! Y f 4, y °Y fQY} , J~ ~ , pi:r.r r`.~. I{. r. 1Ci;S!'.7 ";{Slits fen . . . n r , ~ ref«-i.',... i•a._ ~gy,. ~.,r t.,pr I I TABLR OF CON'PEIIRs9 I Pll9l~c 1. Introduotion...... .................•..........•....~..1 2, organization and Personnel... • • • • • .........1 3• Neighborhood Communication and Consent. 1 Security .........................................~.~......3, ; 5. Fire and Safety arrangements...004 • • 16.6 0. • • $ • . • • 1 I5 6, Waste Disposal and Management. •..••........••...•..•.••••.S 7 Music and Entertainment• ................••....•.•..,••..0b ~ 6. Craft Booth Management, a • .7 i g. Bathroom Facilities a...........•........•,.......~ 5 . 100 Cono1Usion...•..• 0 6 .6 8 ..0 4 .0 .6 6 ..0 0 ..0 0 0 11.0 0 110 0 /I1 II1 0aB :a 11. Appendixes , y` Map Showing All Merchants on Fry StI........•...•;,~" Nap of Main Security Checkpoints... . • • • • . • . • . 460 • also Map Illustrating Organization of the Fair..•••••i•••.•..C 9 I „ i I' a, 1 !I I p; r ; 14, P !1 ■ ~rrlr ,r . INTRODUCTIQH1 The Fry street Fair has been a Denton spring tradition since 1980. Featuring a forum for local artists and craftsmen, and a unique promotional opportunity for native north Texas musical talent, the Fry Street Fair also provides an excellent afternoon of entertainment and shopping for all who attend. The event is hosted by Delta Lodge, a college fraternity, who, using the event as a fund raiser for their own association, also donate much of the Fry , v. Street Fair proceeds to local and national charities. Past years w, have seen donations to the United Way of Denton, the Denton Police ;p l Equipment Fund, and the Friends of the Willis Library, amonga others. While the Fry Street Fair is careful not to promote any political agenda, a proportion of this year's prucoeda are dedicated to the U.B.O. in support of our troops abroad. y i , 1. ORGANIZATION &up PE SONNEL. I A. AVAILABLE MANPOWER, The Fry Street Fair is ran entirely by volunteers from past and present members of Delta Lodge and some community volunteers which number approximately as follower } Active Mesberss 35 i Alumni Volunteerss 15 3 Little Sister organization: 30 za " r community Volunteers: 10 TML COMMITTED MANPOWER! 22 Be ORGANIZATIONAL STRUCTURE. The Fair is tightly organized }r, into several committees and work forces overseen by committee heady t ' i? r A a' i and monitored by a designated sign up and time shoot. The committee heads are dirsotly responsible to the steering committee and the E , president of the fraternity. Those work groups and the number of a . personnel assigned to them at any given time during the conduct of. { the Fry street Fair are as follows Steering Committees 4 Members or Alumni Securitys 30 Male Members and Alumni' 12 Hired Denton Police officers " Waste Disposals 6 Members or Alumni e Music Managements 4 Members or Volunteers First Aids 2 Members or Volunteers Booth Managements 2 Members or Alumni Souvenir salAss 2 Members or Alumni Informations 2 Members or Alumni f r~, The number of persons dedicated to these work I groups does k occasionally increase as needs dictate, for instance the number of s persons assigned to Waste Disposal jumps to 35 at the close of the Fair in order to ensure quick and complete clean up. " ~r 2. NEIGHBORHOOD CON$SNT AND COMMUNIC,ON A. ALL SURROUNDING MERCHANTS CONTACTED. The 100 block of Fry I Stroet, lying between Oak and Hickory, is predominantly e commercial area. Each of the merchants on the street have been } contaoted and asked for their support. Attached as Exhibit "An is a map of the Fry street area and a list of each occupying merchant. r All have given their consent to the proposal to close the street and many intend to open their doors for the Fair, r. B. NON-COMMERCIAL NEIGHBORS. Great care is takers to ~ e accommodate the non-commercial residents affected by the Fair, in i particular the Grace Temple Baptist Church. The Fair does not opesr ' MASTER PLAN PAGE 2 ~V P . R J• ta~7Y, ',t F rTl ~T Q- M I its gates until 12130 P.M. providing ample time for the conclusion of Sunday services and the exit of worshipers. The Delta Lodge also provides a security detail, including a Denton polio* officer, to ensure Fair goare do not park in the church parking lot throughout the day. Finally, the Lodge. has obtained the verbal consent of the church pastor for the street closing and Fair, based upon the hours All `r f and security arrangement, , Residential neighbors are also taken into consideration. The k Denton Police Department is requested to provide additional patrols a' in the area during the fair and many are hired to assist in the fair itself. Boise problems are ameliorated by directing the band stand away from residential areas and toward the University of North Texas campus, which is closed on Sundays. Moreover, Fry Street is opened to regular traffic by 6100 P.M. and the Fair is entirely shut down by 9130 P.M. 30 BFSUBSTy, 1 A, SERVICE OF OFF DUTY POLICE OFFICERS, The Fry Street Fair engages the service of 12 Denton Police officers to deter any violations of law, facilitate traffio flow, and provide general community assistance, While these officers are technically off duty and are paid by the Delta Lodge for their additional services, they retain full authority as peace officers and are provided full v support by the on duty Denton Police Department, B, MEMBER SECURITY DETAIM, The members of Delta Lodge also ' af' maintain numerous designated security posts and patrols in ~p % MASTER PLAN PAGE 3 i yf j-` H" 84• , { cooperation with the Denton Police. These member security details are coordinated by walkie talkie communicaticns with the command i center, At any given time during the Fair, there are at least 30 members committed to security details. Any problem with security, lost items, accidents, or potential hazards are addressed by these members, as well as the police officers, A map of the main security checkpoints and central police locations is attached as exhibit "r age. y 'a C. CONTROL OF ALCOHOLIC CONSUMPTION, NO alcoholic beverages r; 1 are sold or served at the Fry Street Fair, hovevsr, as with many y.. j other outdoor events, Fair goers are allowed to bring ice chaste and their own refreshments. The security details are instructed to promptly report any apparent drunkenness or other violations of law to the hired Police Officers. Rowdiness is not permitted and the Police Officers are expressly requested to expel any disruptive lz, ' 41 Persons Moreovsr, much food is served at the Fair, and the Lodge a. " itself is selling soft drinks and is prepared to call taxis for any sr; person unable to drives it is important to nota, howevero that the ~ vast majority of Fair goers have always been mature and restrained in their behavior and, given the heavy presence of hired Officers, any incident is both unlikely and subject to a prompt Policy { a responses in 11 years of hosting the Fry Street Fair, no major incidents of violence have been reported to the Lodge in connection with the events MASTER PLAN PAGE 4 A _ _ erg.. a. I Aa - t 1 4. FiEZ AND SAFETY ARRANGEMENTS. A. FIRE LANE APPROVED BY FIRE MARSHALL. A complete pathway of fire lanes and designated entrances is marked and kept clear in accordance with municipal fire regulations. The Lodge also monitors no parking zones in front of all adjoining fire hydrants so as to y' ensure access. The entire plan, complete with dimensions and staffing assignments is also cleared in advance with the Denton j j Fire Marshall. A map with the hydrants and fire lanes is attached as exhibit "C" 1 B. FIRST AID BOOTS PROVIDED. The Fair organisers also maintain x4 11 a first aid booth to promptly deal with any minor injuries or any ; heat exposure that could occur. A telephone is close by it paramedics need to be called to treat any serious injuries. The first aid staff and security would direct any ambulances through the designated fire lanes to assist in any evacuation if necessary@ Water is also provided for persons with problems from the heat. J C. INSURANCE. The Fry Street Fair also purchases a $100000000.00 dollar liability insurance policy for the day of the Fair, ' 5, WASTE DISPOSAL AND !MANAGEMENT. ~ 9 A. STAFF. The entire area of the Fry Street Fair is cleaned before the start of the Fair. During the Fair, persons are on duty f to oupty trash cans and collect refuse during the festivities After the Fair closes, a crew of 35 people is assembled to sweep i the grounds clean of any refuse and trash. Anyone who has ever k MASTER PLAN PAGE 5 .r o 1 IP 71 i examined Fry Street following the Fair has found it cleaner than any other day of the year. 8. ADDITIONAL REFUSE RECEPTACLES PROVIDED. The Lodge special orders additional dumpsters for the day of the Fair. Supplemental trash cans are also provided. These receptacles are placed at Y various intervals along the street to provide ample trash disposal facilities. A map of the placement of these items is illustrated on .t`. ` Exhibit "C". 6. MUSK AND ENTERTAINMENT. IFr The Fry Street Fair features the finest of local music talent representing a wide range of different styles. It has become an p:^ Important showoase for many up and coming professionals which aptly demonstrates that Denton, with its nationally recognized music school at the University of North Texas, is truly the regional capital of musical innovation. Ironically, despite this ry concentration of creativity in the Denton area, there are few other major forums for these bands to perform. Thus, the Fry Street Fair tr' KT Is a unique opportunity for such of the new talent that is ark f~ untapped and largely unrecognized resource of the city. Approximately 10 bands are featured at the Fair, Each performing artist is allotted 45 minutes to perform. Alternating ' the shows between three stages, the musio crew is able to } efficiently set up the equipment and shuttle the performing artists l on and off. After re-opening Fry Street at 6100 P.M., the bands MASTER PLAN PAGE 6r`~. by r Y ~1 ~ r4 I f 5 •i ,f 4• will be confined to the alternative stage in the Delta Lodge backyard for a concluding finale to and at 9130 P.M, This year promises to be beat performance yet. M` 7. CRAFT BOOTH &MAEMEN`, The Fry Street Fair provides an opportunity for local craftsmen to show and sell their goods and small businessmen to sell snacks to the crowd. Approximately 50 booth spaces are designated and sold for a fee of $35,00 a piece. I ' The food vendors are carefully olassified so as to avoid repetition , r and maximize exposure for each merchants particular produot, The p Fair has become an important exhibition for budding entrepreneurs and seasoned professionals alike. al'7 8, BATHROOM FACILITIES, Sanitary facilities are provided by 1 s., contracting for a large number of portable toilets, such as those ' seen at many parks and construction sites. These are centrally a c' located and monitored by the crew members assigned to the trash detail. The contractor for tho toilets remains on call to address any problems with their operation and is engaged to remove that following the Fair. For a map of the facilities location •c•' a. Exhibit NCO, t E While the Fry Street Fair is a unique cultural event which ' ty• 1. features creative talent and F; entrepreneurial opportunities for Denton0s artists of all types, the main point is it is fun for all MASTER PLAN PAGE 7 Y. r a i 'dV ■ "owl M I concerned, The sponsoring fraternity has been running the event for eleven years and with that organizational experience and it's i communal enthusiasm, it manages to make a seemingly complicated `affair look easy. We hope that all who participate or attend will thoroughly enjoy the experience and will look forward to the i following year. It you have any questions or concerns, please do not hesitate to call one of the Fair organizers at the numbers listed below. SSE YOU AT THE FRY STREET FAIR Ill! { h l'd + S I Brian Nuebling Y` x^. President 1305 West Oak Street < Denton, Texas 76201 f (817)-383-3496 i - Scott Harris Fry Street Fair chairman 2434 Louise #16 Denton, Texas 76201 (817)-387-0122 t` Christian Painter s^' Booth sales Chairman 1004 West Mulberry 18 ` Denton, Texas 76201 ; 4 (817)-382-6509 tq (dregg Hensley c i KusiO Chairman 1305 West Oak Street Denton, Texas 76201 1 (817)-566-2758 W " MASTER PLAN PAGE 8 r .9p S { 'J ` 71 { 1 v x'11 5+. Merc1~Q~P}5 The I Yacan+ Qi'ays ~odge CaMpus {~orber 1 V„ i F 51 `i LL, t ~ ~ ~ k 1Zf10►~5 r r''I oer4manS 107 m, a, i Fry Si k, lJn;,~Qrs11y ~G~b~r 1 1 D'In MSer 5o~nd Warc4,ny~e - ~aeonf l VQGan~ ' f yy` x~ ' ~ t ~ I r e ` 1 yh~r@rjl~' I Atl C%'Py ~1ylY}(~ ' . vP . M~ r ~ I , 1 I 4 ~ f FI . 1 ~l ( t Y Pia.. # P P M1 1~° i~'sY _ S ' P~ Y t Iti e, r k,, r y r P ~ 5, f Oak SecurAy Map (Lr;c^n5 I:k loa,~n © a The4~- CorkSCreW 3 i t t: y 0D... L.die t , ' Forted 1 c dry ~ Lod , ' v 4 ' 2 Si reE} S, Lj ♦ ~ • r r r r r 4! r . Dinlr~ ,a yrrrr i F V,;o ad Arid Pa ~ldj t^ ;f3f. $tnge5 F CoPY flit 16 Tech r4 ~ n yA y v t t r;r9 14 1 1 F lr7 y gA~ r r." a 1 TI-7 I I ~ f 1.Ort+l , ! ~ 1 I 1 ICI I 0 I I' I R I { ! R r ° I £ I LadgQ I E , I I • ® I i H ~ q l 6 1 I 9 I N l 'i.!' I N I I t! H 1 E j I I S ~ Flast n+n I + I f 4 ~ I J / ®®LJ13i~11 4 ' s 0 I I 0 S 1 ; I I ,a la 1 durl+~,pe4~r~ .y+'~, 1 46 I ?ail w om~+'e~drq ~i~+ak I 'O 14 I i 1 Fire I I ,4~a y. I O4 t ~?t l 10 X:y ;"fir . i 44TT j '4 r Sx l,, a ,'.J Wyk; , ar i PI 3~, L 4, e 14 Il- ° , Y o-a rtir?~ r 71 yR° r,..1 _ ,,.y a ,+a+.ry,p 7 r FEB 2 81991 1'. r :r 1 GIBE k 4 Roo Fellaoto It, D. Mlor s ' P~dYr rye, ' Brxc# Axrtie 4 [ I M(~rdn~/PJ+r~lio~ February DdvllNrGoe- Mr. Flo 27, 1991 yd Harrell t v 'r l.dfa~ ,kfNr' 11 ' M Manager r "5 I~nltMrrlly Oily +f1 215 EI McKinney Street i r Doe` Mellon r M'+rrtn~fYal1 Denton, TK 76201 ( Dear Mr. Harrell, , ;rF I am writing to make you aware of my opposition to the Fry Street Fair being held on Fry Street or near Grace Temple Baptist (}wrch. In spitinge r , of easurances from the Delta Fraternity we have had difficulty hold Sunday services due to the fact that Fair-goterto pry their pe kin in ur creating a burden on our abil parking lot, i y g o 1 ` our worship pers. In addition, and perh~Aps more important. to me, is the r, . ' public drunkenness FUrtheniare and we obsce have ne dhtoitolerateruinatiailon our ,r e Eeir~ and lewd during th pperking lots by persons who did not have the decency to hide themselves fi from the view of our worshippers. {*t{;r 11 Tn 1990 the fair was held at the fairgrounds and we were able to conduct our services as usual without any disturbance. 1 fear our F services this year will be in conflict with the Fry street Pali, Y b - Let me strongly urge you to atopp the Fry Street Fair from being held r nezr Grace Temple Baptist Church. q; Thank you for your assistance. Sincerely$ S, i~ tn, ♦ t` kY Bruce K. Austin • ~ ^ti J'. a 1'4 14;1 f GI r. f °1, jji Grace Temple Baptist Church 1106 West Oak • Denton, Texas 76201 • (817)387.6137 i I u. e..a Y M' • A~. ' 'I I , aa<.Ty~rNhrMIAM'I .r _ .r r A.I „ 1 a N .w~ ~ I 8901 Cj"of Dff f TEXAS MUNICfPA1 AUIIDiNO / DENTON, TEXAS 1020} / TELEPHONE (011) 800 , I• ~ OHIO Of the City monoate • % MEMORANDUM t t To: Lloyd V. Harrell, City Manager ~w t' PROM: Rick Svehla, Deputy City Manager DATES Fenruary 29, 1991 zt r Es. SUSJECTt DARE Orant F) k, w, Attached is a resolution that Supports the DART! officer grant for the coming year. We have also included in our application. 4t this year a request for an additional officer. This would giJa , a us two officers and allow us to put the DARE program into the Suntor high schools. We would then have a strong consistent " program beginning in the elementary schools culminating in a 17 r week curriculum in the sixth grade. Students wolsld then be exposed to another full year of the program in the eighth grade, and than in ninth grade would be able to get into the D.rY. IT program. We think this is essential and one of our , A long range community goals. it is very important to our overall strategy of community oriented Policing. The other good news about this program is the School District ; has agreed to help us fund the second officer, Given' our Projected funding problems for this next fiscal year, this is excellent news. tt allows us to expand the program and yet not, effect the budget over what had been planned for when we initially accepted the grant for one officer. ; ~ Sk I,4p • If you or the Council has further questions, 1 would be happy to try and answer them. jig. ~r a . 7 ~ r k ,i'1 I 'ern R c eh I~ Deputy City Manager to ~ I{ w RS1bV r . . 5260M Attachment Y J <i r)a f ` ~l ' all i d0lif - { 1 i RESOLUTION N0. - THE CI AL A RESOLUTION BY THE OCF AN APPLICATION TO`,THEETEXhS CAaM N eYSTANCE ING THE SUBMISSION DRUG DIVISION OREQUESTIN( FFICER AN DOPROVIDING F RNANFEFFECTIVE DATE. EDUCATI of Denton WHEREAS, it is necessary for the Council of the City licatio I to the Texas crBeinal of an a Re- to authorize the oubmission continued funding for a Drug Justice Division requesting Education officer to augcaont the City's crime Prevention sistance Unitt and Article 4411 (1Ze), V.T.C.S. was amended to enablYant~ a, WHEREAS, y. Criminal Justice Dminalojustice programsfoneaaatatewide level) and and administer cr of Denton is eligible to continue receiving WHEREAS, The City ubii0 safety and well-being the effeotivsness of the 00nton such funds and desires to promote the p of its citizens through increasing t Police its Department in its law an(orcamont and education relating to Drug Abuse) NOW THEREFORE, A BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON) Texas That the City Council of the city n Denton, Te, is eigible to receive a fundging allocation from for Resis- certities that the city ,s Crime Prevention t a Citya Drua duplication the Texas criminal tctaugmonti t ff to p submit tance Education of program and hereby authorizes the 8a for the continuation Of such funds it hereby authorizes and di- axCTioN ii. That the City Couno to rsprosent and eat on Manager, or his designee, rects the City of Denton in working with the Criminal Justice behalf of the City application, directed to Division in regard to such grant That the Police Chief is hereby ~~of this Resolution to the Texas Criminal Justice forward a copy Division and the North Texas Co uti n shall become t effective imme- That this resol k diatsiy~ts passage and approval. ! - day of 1991. PASSED AND APPROVED this the 909 C""- ASTL ERRY, MAYOR r i ago V i r't ATTEBT3 JENNIFER WALTERS# CITY SECRETARY L v1' SYe APPROVED AS TO LEGAL FORMI r k DEBRA As DRAYOVITCHo CITY ATTORNEY I F~' BYf f ~ + ski i , 1 ~Yy I a f s`~ r _ PAGE 2 ! b i 4 Y I CITY OI DENTON, TfX" MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (8 f 7) 668.1907 Office of the City Manages M E M O R A N D U M TOf Lloyd V. Harrell, City Manager FROM1 Rick Svehla, Assistant City Manager ' DATG1 February 71, 1991 ` f SUBJECTf Highway Commission Minute Order for U.S. 377 (Fort `1. Worth Drive) Attached is the Minute Order that we have been waiting for from the Highway Commission. As you know, the 191 Committee i, recommended to the Council that the portion of Fort Worth Urine north of 1-35E to the existing Carroll 'Boulevard at Collins Street be rebuilt. They suggested taking the $1 million that was allocated for U.S, 377 in the 1986 bond issue and using`. that money for the actual construction. We are able to do this because we no longer have to provide matching money to the state for their project south of 1-35E. Rased on the 91 „ I~ Committee's recommendation and the Council's concurrence, we submitted a request to the Highway Department that would allow our Enginesring Department to do the plans, speciflcatiof}s, construction inspections, and the funding of construotion. Consequently, we received the Minute Order from the Commission making that offer. This would allow us to rebuild Fort Worth Drive from Collins Street at the southern and of Carroll { 'y` { a Boulevard all the way to F.M. 1830 as a new four-lane divided facility (the only exception to this would be the rebuilding of tr the existing overpass of 1-35E), Since we would be in control of all the phases of this project, we would be able to coordinate this construction with the ; improvements and at the convenience of tho Albertson's project , close to the intersection of Lindsey and Fort Worth Drive. In conclusion, this is ust one more project that we will be,• able to do with our ex~sting bond program without having to fled additional funds. It will Improve the transportation :t' t , r I , 2 t w ♦-.ew.. . 1Yv+', 4" °:`el e! .n .,Y2{..i:,. r. . 6,:'2vbMx.r +.+w r~i , ..1 J 111, 3~ Lloyd V. 8arce1l Febtuary 2e, 1991 " page 2 System and at the same time allow us to coordinate efforts with: development in the aces. Therefore, the staff would recommend this to the Council in conJunction with the 191 Committse'e tk recommendation. a a~. i.J tt you or the Council has further questions, I would be happy to try and answer them. / -t YfrJ" i Deputy city Manager 4 a RetbM 11 5261ri .,'.~t 4 111! Attachment t I Isi F n " ~,>y } r I r Il N i"N 1 14 ~Fi tpFF{C' A~ ,;7~ S L a 9l A ~ iN~ g r M ~ Iti ~j t, ~ ~ yA 7r vb ~t ; a+ 1 rr I 1 j s' qq r7~{C' 41 W~ it, t z 'k 7C 1 I ~ it { ♦J 'SMI~ i Yi A'<Atr! } I 1 I~ J Sn 'Y F ~ 1 r _.r.., r Y•nryr.M T9 p'4 Arvrs rr Jyy I ~ ~ 1~~~}1 fr roll, F t fr}lY . 1 { I.rV Mail, COMMISSION STATE DEPARTMENT OF HIGHWAYS fNO W. DIR[C10R AND PUBLIC TRANSPORTATION ARNOIO w. ouveR r RO![►r M. O[DMAN, CHAIRMAN %A F.D. RAY f10K[R, JR. 1M7 'i wAVN[ DUODIf VIN DALLA/, T[%N M314011 nse,wsr January 30, 1991 CONIACI; Highway CoMisdon Minute 91218 s•' City of Denton The Honorable Bob Castleberry, Mayor r,,, City of Denton 213 East McKinftey Denton, Texas 76201 Wei: Mayor Castlebarryt Attached is a oopy of the above mentioned Minute Order dated January 2"? 1991 I This minute tenders certain provisions to the city of Denton and also list; ,.5 lie certain provisions the State Department of Highways ,.and Pub Trenaportatlon will carry out regarding a reconstruction project cn U. 84 Hlghvay 377, in the City of Denton, fr*o Interstate Highway 336 to Collins Strset# a distance of approximately 0.6 mile, 3 Upon acceptance of the provisions of this Minute hder by the appropriate offiolals, the State Department of Highways and Public Transportation will proceed with the actions enumerated tharaind it is further stipulated in this Minute that it is subject to weeptana, ; within ninety (90) days of the date of the Minute. Please forward wrtified ooQism, of~rl~lutj "seed by the Denton City Counuil to s office upon acceptance o`fts~fnute. Sincerely, Jams M. HufffMn, P. E. Lv District Enginsar Attaclnnent i r4 N, . .4, % I,pTfv V I I STATE DEPARTMENT OF HIGHWAYS I AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page l of 2 Pages f District No. DALLAS (18) 1 ' WHEREAS, In EN ON COUN on Us$, UIGHWAY 17, In the Clry of ' Danton, from Intersta a way SE to Collins Streets a distar.i•: of approximately 0.6 Mlle, officials of the City of Denton have nNojjstsd reconstruction to provide a multilane urban divided facility; and WHEREAS, the City of Denton has offered to provide one hundred percent of the cost of this reconstruction including preliminary r • ineerl , plane, specifications and estimates, and any necessary utility addjustments1 and WHEREAS, the proposed I rovements will emAnce the,flow of traffic in this arias the State Oepartment of Highways and Public Transportation concurs in the need for these improve""tsl 1 10 •r; NOW. THEREFORE IT IS ORDERED that the Engmeet-Director is hereby directed to tender the following proposal to the City of Dento t Provided tM City of Denton wills le Provide preliminary engineering to include all publio. > hearings and environmental requiewnts. 26 Provide construction plans, specifications, and estimates which will be subject to review and approv4l by the State OapartMaot of Highways and Public Transportation, 3. Provide one hundred percent of the cost of eligible utility I' adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation, `t. p. `sr Yl ' •4 fir... ' ' STATE DEPARTMENT Of HIGHWAYS AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page -!.of .Ljoges District No. DALLAS (18)- 4. Provide the cost of reconstruction. 5. Maintain that portion of the work which is its responsibility in accordance with maintenance agreements. The State Department of Highways and Public Transportation wills 1. Award the contract for reconstruction and provide construction inspection, Denton IT ISaFURTHERORDERED thatvthe oo4 Engtneir-DinctorbistheribyY of author;:ed to proceed in the most feasible and economical m►nner with project development to include any necessary ag9ftWMtsq utility adjustments and reconstruction at no cost to the States cootingant upon approval of the construction by the federal Highway Administra ion. This Order shall become operative upon aeceptance by the D`ity; of Cantons and if not accepted within 90 days of the data harwf, the action herein contained shall be automatically canceled. `y k t to , s 1, 1 key ' Submitted by Examined and reemndad by! y (Title) xecu ve ss s antApproved apu y rec or n9 near- rec or r Minute Number 91218 Oeta Passed JAN, 9i-- 1` O.N. . I14L i 4 U81rh RESOLUTION NO. _ A RESOLUTION ACCEPTING THE MINUTE ORDER NUMBER 91218 ADOPTED BY THE TEXAS HIGHWAY COMMISSION REGARDING IMPROVEMENTS TO U. S. 377, FROM INTERSTATE HIGHWAY 35-E TO U. S. HIGHWAY 77 (COLLINS STREET)J AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! R SECTION I. That the City Council hereby accepts the terms and conditions contained in the Minute Order Number 91218 adopted by the Texas Highway Commission, a copy of which is attached hereto I' and incorporated by reference herein, in which the Highway Depart- ment determined to proceed with the reconstruction of approximately 0.6 mile of U. S, Highway 377, from Interstate Highway 35-E of Denton North to U. 8. Highway 77 (Collins Street). axCTioN II, That this resolution shall become effective imma diately upon its passage and approval, " 31 PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTESTi JENNIFER WAL'TERS$ CITY SECRETARY ' BYI i APPROVED AS TO LEGAL FORMI DEBRA A, DRAYOVITCH, CITY ATTORNEY i l BY l4 H w^ , 1 9 n~ WY ofVENTWo TNXAS MUNICIPAL BUILDINO / DENTON, TEXAS 18201 / TELEPHONE(#17) 688.8307 - Office of the City Mahaost Are a MEMORANDUM TOI Lloyd V. Harrell, city manager t'pe'1s lick Bvehla, Deputy City Manager ° DATKi Vabruary 20, 1991 M, J SUBJECT: Resolution in Support of Extension of Loop 286 and 2199 p ~ ~ J" r r As the Council is aware, we will be attending the Highway " Commission meeting on March 26th. At that meeting, we will, be asking for approval to begin feasibility and environmental studies tot the extension of Loop 798 (rota 6ponear Road to Teasley Lane and for the extension of 2499 from !'M 21610 or Teasley Lane, to its intetcection with the proposed extension of Loop 280. Council has had several briefings on this a+ et a roves t his, it would hwaY Department aoves this, It would ssolution. It the Hl pp .~e , C 4 x. allow us to begin the final planning for the ultimate extension 0s:. and connection of 2499 to 1-359 via Loop 200, and it would also help us embark on the beginnings of the "southern loop." lie are excited about the possibilities and strongly urge the Council to support this resolution. 14 ,x tt you or the Council has any further questions. 1 would be I' °jka happy to try and answer them at your convenience, r t r17ph ~ ~ + 1 , ,fix Rick v Deputy city manager R6sbw y 5260M ti r Attachments 1 F YWr/~~ I 'Y ' 2EEr RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING f THE PROPOSED EXTENSION OF LOOP 288 FROM EXISTING LOOP 288 TO FM 2181 AND ENCOURAGING THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE THE PROPOSED EXTENSION OF LOOP 288 AS A STATE HIGHWAY AND GRANT THE PROJECT LEVEL II AUTHORIZATION $O THAT LOCAL GOVERNMENTS MAY PROCEED WITH NEEDED ALIGNMENT AND ENVIRON- MENTAL STUDIESI AND PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the City of Denton has recognized the need for ma or E improvements to the Denton County area in order to serve exist ng' and projected travel demand within the area) and WHEREAS, the improvements are needed to maintain safety srfd mo- bility in an area of rapidly increasing traffic volume to provide for an effective roadway system which is important to maintaining the competitiveness of existin area amployore and attracting new 5t' ones and encouraging economic development in the crest and WHEREAS, the proposed extension of Loop 286 is an integral part r of city and regional major thoroughfare plans and is an extension of existing Loop 2690 and, relieves traffro, ic on existing state high- ways and IH-7521 and WHEREAS, the City Council supports the work of the FM 2499 flask Force, and supports Alternative A as shown on Exhibit A, attached hereto and incorporated by reference herein, as the preferred alignment of the proposed sxtension of FM 2499 from TIM 409 to FM 21810 and Alternative A as the preferred alignment of the proposed extension of FM 2499 from FM 2181 to proposed Loop 2881 NOW, TH01- FORE, THE COUNCIL OF THE CITY OF DENTON HERSBY RESOLVESI That the City of Denton supports the proposed ex- tens onto! i~,oop 266 from existing Loop ,80 to FM 2191 and encour- ages the State Highway and Public Transportation commission to des- lgnats the proposed extension of Loop 286 as a Stste Highway and grant the project Level ti authorization to that local governments may proceed with needed alignment and environmental studies. g)i That the City Council encourages the State Highway and Public Transportation commission to authorize local entities to begin right-of-way acquisition and preliminary design work for the sxtension of FM 2499 from FM 409 to FM 21816 , r „ Qc~Mrert That the City Council encourages the Commission to dssigne extension of FM 2199 from FM 2181 to proposed Loop 288 as a state Sighwayi and grant theeceidct evelit autignmen-needed al andnenvironmentallstudissmsnte may pr ~rrNrlpN IV, That this resolution shall become effective im- mediately upon its passage and approval Of ! , PASSED AND APPROVED this the day 1991, 0S-CASTLE9 ER1 k Yi MAYOR ' I. c I Y tJ: -0 ATTESTI JENNIFER wALTERBi CITY SECRETARY 9YI APPROVED AS TO L1f0AL FORMI DEBRA A. D AYOVITCSi CITY A'T'TORNEY ~"Vry 9Y1. a. I I 1 , t' ) Iv f ~ ~1 , r AP I y 6 rr4 t .,y. IJ' PAGE 1 II i 161 { . 0~ _ m i.,. p: qii tV iP:4'Gk'•..M,a^t !hu; nnstl i+YrriY *.rn, +^r•-to r y t r I , I If o4k~.. 1 I . V' I % .H { R: 00 mmm am MIOKORr OMKK ,a A Tt11NATIW off A LAU , .p , . / 111 .1 111 1 j! 11111111111,111 ~ ~ ''`y E ~ ere rr ; t t axms P A i - - _ T low M1. i5 is E t CITY COUNCIL REPORT FORMAT j, TOr Mayor and Members of 'he City Council FROMI Lloyd V. Harrell, City Manager SUBJECT: Lease No. DTFA07-92-L-01005 with the Federal Aviation Administration (MALSR) RECOMMENOATIONt r'^ It is the recommendation of the Airport Manager and the City e'r'r1 Attorney to execute a lease between the City of Denton and the tjl Federal Aviation Administration for the Instrument Landing System as called for in the Federal Aviation Administration documentation, l „u al; SUMMARIs + 1 If the City of Denton fails to sign this lease, it would „ be in a position to loop. its instrument Landing Syatem# which is a vital part of the Airport Facilities. This lease agreement ?q defines terms that will protect both the City of Denton and the Federal Aviation Administration ti PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: tti; This agreement will riot affect any other department or group,'," FISCAL IMPACTI a There will be no cost to the General Fund. V Y Resw00 idly Submitteds wx'' Y L y arre , y onager ' Prepared byt oe T ompson i ^ s Airport Manager t l •r Appr e~ i Jda~` R C SVe a Deputy City Manager I f , 't 17 Au RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR THE LOCALIZER, GLIDE SLOPE, MIDDLE MARKER, AND MEDIUM INTENSITY APPROACH LIGHTING SYSTEM WITH RUNWAY ALIGNMENT (MALSR)s AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute a lease between the City of Denton and the Federal Aviation Administration for land at the Denton Municipal Airport for the I Localizer, Glide Slope, Middle Marker, and medium intensity Approach Lighting System with Runway Alignment (MALSR), a copy of which is attached hereto and incorporated by reference herein. SECTION II, That this resolution shall become offective imme f diately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. t,' BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY y4 BYs f APPROVED AS TO LEGAL FORMi DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs c i i i U.S. DEPARTMENT OF TRANSPORTM ION ! FEDERAL AVIATION ADMINISTRATION SOUthvest Region Fort Vorth, TX 76193-0056 Ltase No. DTFA07-92•L-01005 Localiser, Olids Slope, Middle Marker, HALSR, Runway 17/35 Denton, Texas LEASE between CITY OF DENTON, TEXAS J and THE UNITED STATES OP AMERICA , This LEASE, made and entered into this ' day of in the year one thousand nine hundred and , by and between CITY OF DENTON, TEXASy whose address is Municipal building, Denton Texas 76201, for itsslf and its successors, and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Governments I + VITNESSETH, The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning October 1, 1991, and ending September 301 19920 the Lessor hereby leases to the Government the following dosdribed property, hereinafter called the premises, VIZ: As identified on FAA Drawings SV-D•8983•IA, SV•D•8983.26 SV•D•6983.3, and SV•D•8983.4• t o ether with t obstruceio g he required restricted arears and n clearance's identified on Dtawin SV D 8464• , U a reference drawings are attached hereto and by this referents made a part of this leas, a. Together with a right-of-way for ingress to and agrees from the premises; a right•of•vay or rights-of-way for establishing and maintaining a 'rf pole lifts or pole lines for extending electric paver, and telecommunteations facilities to the premises; and right-of-way for subsurface power, facilities J 1 j a Leese No. DTPA07.92-L-01005 Localiaer, Glide Slope, Middle Marker, MALBR, Runway 17/35 Denton, Texas to the premises; and right-of-vay for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lsaids of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. r c. And the right to make alterations, attach fixtures, and erect i , additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2, RENEWAL OPTION, This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified, The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Iw uor thirty (30) days' written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewal shall extend this loose beyond the 30th day of September 2011. 3. The Government shall pay no monetary consideration in the form of rental, it being mutually agroad that the rights extended to the Government herein are in consideration of the obligation assumed by the Government in its establishment, operation, and maintenance of lLS facilities upon the premises hereby leased. 4. CAUCELIATI41(; The Government may terminate this lease at any time by giving at least 30 days' notice in writing to the Lessor. Said notice shall be sent by- certifisd or registered mail, j . i 2 E i F ' I 1 i i Less* Ho. DTFA07.92-L•01003 Locali:er, Clide Slope, Middle Marker, MALSR, Runway 17/35 Denton, Texas 5. DISPUTES: a. This lease is subject to the Contract Disputes Act of 1978 (public Law 95.563). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause, c. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute whon submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (3) A claim by the Lessor shall be made in writing and submitted to , the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith, the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested, accurately reflects the lease adjustment for which the Lessor believes the Covernment is liable. The certification shall be executed by the Lessor if an individual. Vhsn the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor i plant or location involved, or by an officer or general partner of the I Lessor having overall responsibility for the conduct of the Lessor's 1 affairs. 1 e. For Lessor Claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,0000 the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. f. The Contracting Officer's deelsion shall be final unless the Lessor I appeals or files a suit as provided in the Act. i 3 r• I Lease No. DTFA07.92•L•01005 Loealiter, Glide Slope, Middle Marker, MAUR, Runway 17/35 Denton, Texas g. The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of, the Executive Branch of the Federal Government are expressly authorized to decide. h. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor, until the date of payment. Interest shall be computed at ten percent (101) per annum on the basis of s 365• or 366-day year, whichever applies. I. Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms !n accordance with the Contracting Officer's decision, 6. OFFICIALS NOT TO BENEFIT; No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit that may arise k therefrom; but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. i 7 LESSOR 14, B8At{TY: The tesior warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established comercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease of other consideration, the full amount of such commission, brokerage, percentage, or contingent fee, 8. FUND NLO RESPON4111LITY CLASS I . IT FACMIT1 S; The airport owner agree that any relocation, replacement, or modification of any Federal Aviation Administration Class I and Close It facilities, or components thereof, as defined below, covered by this lease during Its term or an renewal there any of lade necessary by airport improvements or Changes which ! 4 1 Lease No. DTFA07.92•L•01005 Localisers Gltde Slope, Riddle Markers MALSR, Runway 17/35 Denton, Texas- . impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, rsplaeseents, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIU C Remote Transmitters/Receiver (Tower) Visual Landing Aids Airport Traffic Control Towers Direction Finding Equipment Airport Surveillance Radars VOR's, TVOR's, and VORTAC's Airport Surface Detection Equipment (Instrument Approach) Precision Approach Radar Weather Observing and Measuring Equip. ILS and Components (Owned and operated by FAA) f ALS and Components Central Standby Powerplants i Flight service stations CtAe_S II FACILITIES long Range Radar VOR and VORTAC (en route only) Air Route Traffic Control Centers Flight Service Station Remote Control Air•Ovound Remote CospRunieations Outlet Communication Facility Limited Remote Communi ations Outlet Otr En 9. RRATORATION: The Government shall surrender possession of the premises upon the expiration or termination of this lease. If the Lesmor by written notice at j least 30 days before the date of expiration or termination requests li restoration of the premises, the Covernmant at its option shall within ninety (90) days after such expiration or termination, or within such additional time C as may be mutually'agrsed upon, either (1) restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease, ordinary wear and tear, damage by nature elements and by circumstances over which the Government has no control, excepted or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the promises or the diminution of the value of the premises if unrestored, whichever is time, Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Article 5 of this lease. S ~ I i j N i Lease 11c. DTFA07-92-L-0100S Localises, Gilds Slope, Middle Marker, MAUR, Runway 17/35 Dentgn, Texas 10. NOTICES: r, All notices sent to the parties under the lease shall be addressed as follows: To the Lessor: Airport Manager, Denton Municipal Airport, Route 1, Box 100, Denton, Texas 76205 , , a To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193.0056 IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of the date first above written. CITY OF DENTON, TEXAS BY:r; Title: THE VNITQD STATES OP AMERICA G IA~ By 1 David Houser Title: onjra L L f icar 41 r •,4 i. : j 1 6 1 I _r y rJ F I 1~. 1 q ti ~ h1 : . . ~ Vii, 1 CITY of DENTON 1215 E. WKlnnay / Derrtonl Texas 78201 t ApDUM SMOR I TO Rick Svehla, Deputy City Manager FROM: Joe Thompson, Airport Manager DATE: February 12, 1991 + SUBJECT: Lease No. DTFA07-92-L-01005 with the Federal Aviation ; Administration (MALSR) A Information supplied to the Denton Municipal Airport by the 4 United States Department of Transp thA tCity Attorney A:ortation Federal „ d{ Administration has been reviewed by Airport manager with a prepared Resolution for the Mayor to t;~` approve thin Lease. ' There will be no cost to the City of Denton since this system y ^X is funded and maintained by the Federal Aviation Administrationa Joe clops n, Airpo Manager City of Denton q6 ~t 1 ~ Yt Y1 fir. I IliN? % t 1 . r i , : s ~ . „:fir 1'~'aai~r 3 US D%*" Mt Southwest Region Fon WodN Texas 76149.0000 of VarSporkd1on Manage, t.outaiana, New Wxfco, Oklahoma, Poft Oh1016, Texas ` JAN 2 >y51 Mr. Joe Thompson Airport Manager Denton Municipal Airport Route 1, Box 100 Denton, TX 76705 k Dear Mr. Thompson:, Expiring License No. DOT-FA77SV-1165 New Lease No. DTFA07-42-L-01005, Locali:er Glide Slope, Middle Marker, Medium Intensity Approach Lighting System with Runway Alignment (MALSR), Runway 17/35, Denton, Texas License No. DOT-FA77SN-1165, providing the Federal. Aviation Administration , lend at Denton Municipal Airport, Denton, Taxes for the Localiser, Glide Slope, Middle Marker, and Medium Intensity Approach Lighting System with y., Runway Alignment (MALSR) 0 expires by its terms on September 30, 1491. rii Enclosed is a replacement lease with the same general terms and conditions. 'ry If this instrument is satisfactory, please have an authorised city official i date and execute all copies, complete the corporate certificate, and return the original and two copier to the Department of Transportation, federal f ` r Aviation Administration, Real Estate Branch, Fort votth, Texas 76143.0056, The extra copy is for your files. !i If you require any additional information please contact me at (817) 624.5083. Sincerely, avid ouser Contracting Officer Enclosure l ;a 4 j RESOLUTION NO. j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOGNIZING THE PETITION OF FLOW REGIONAL MEDICAL CENTER, INC. TO BE DESIGNATED AS THE RECIPIENT NON-PROFIT ORGANIZATION TO CONTINUE EXISTENCE AND ADMINISTER ASSETS IN LIEU OF DISSOLUTION OF THE FORMER FLOW MEMORIAL HOSPITALS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in December, 19900 Flow Regional Medical Center, Inc. (the "Center") filed with the District Court a plea in intervention and a motion requesting that the Center be designated as the recipient organization to continue existence and administer assets in lieu of dissolution of the former Flow Memorial Hospital; and WHEREAS, in the above-referenced motion, the Center advised the Court that Flow's assets presently consist of cash in excess of $250,000 and a note receivable for $1,900,000 and that the center is the proper recipient organization to administer these assets and carry out the intent of the H.E. Flow Will and provide, insofar as I it can, for the health care needs of all the people of the City of Denton and Denton County, Texas regardless of their ability to pay for such caret and r WHEREAS, the Council is advised that the Center may request that it be designated as the recipient organization of the assets of the Flow Foundation, which presently consists of approximately one million dollarst and i WHEREAS, over the years, the City receives, on an annual E basis, many requests for funding from agencies who provide health related services in the City and there have been, and will continue to be inadequate tax dollars to grant these requests and provide funding; and I I WHEREAS, the Council wishes to commend the Center for taking steps to ensure that the above-mentioned funds will be distributed to nonprofit agencies providing health care services located within { the City and the County regardless of their ability to pay for such care, and thus, establishing a significant resource for agencies providing health care services to the citizens of the Cityt and WHEREAS, the Council wishes to express that it does not wish to object to the Motion filed by the center, and indeed, views the requested designation as the commencement of a new era in health care funding in Denton by the Center's taking a lead role as the primary funding resource for non-profit health care agenoiest and I b~ it 0Aj t k ! 11 i ll nation not to pursue aoi to WHEREAS, in making a determi to the Center's motion, the City Council believes it appropriate also relinquishits in the role as a direct provider of funds for health related services BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON% That the City council commends the center for taking positive steps to ensure available funds to provide for the future health care needs of the citizens of Denton, regardless of their ability to pay. ~ , e'&jLQj IL. That the City Council r 9nizes the Center as Denton providinge heCity alth in carev4tongcitizensQ of for takin over the profit agencies role of regardless of their ability to pay. rc1ON 111, That this resolution shall become effective immediately upon its passage and app 1991. PASSED AND APPROVED this the day of BOB CASTLEBERRY R ATTEST: ; JENNIFER WALTEhS, CITY SECRETARY d a` s APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCHr CITY ATTORNEY 1 BYt 1 PAGE 2 J 1 8N 3021 N. Bonnie Brae Denton, Texas 76201 March 5, 1991 i i Honorable Council member City of Denton Denton, Texas 76202 Dear Honorable Council Member: 1 I am writing to express , y total objection to the proposed sale to Texas Waste Management of our commercial waste business and related equipment, iN ADDITION, to the closing of our City Landfill I took it upon myself to investigate the publicly available materials on the proposal(s) and to personally visit with memberr of the Utility Staff as well as many other local citizens. i As a result of this effort, I have compiled my findings.., most of which you should be aware of from your "backup" materials provided at various times, , What I have attempted to do, is emphasize the REAL LOSS I feel the City is promoting to both Its residential and commercial entities. 1, The City does not alleviate it's SubTitle D responsibilities t with the closing of the landfill. sa t 2. Closing the landfill TAKES AWAY the opportunity of any options for our area people to haul their own trash, or their "extra" trash, aside from regular pickups. i 3. With this local option gone, our backroado will become the dumping site and eyesore we have been trying so hard to eliminate for the past several years! People simple WILL NOT drive to Lewisville to dump their trash. 4. The City Immediately loses a large sum of money by not charging i TWM the true market rate to use oar landfill i E ~S. The proposal calls for the City to spend OUR TAX dollar to ? i~ LOCATE an acceptable "transfer station site" and then SECURE the necessary Stake Health Permits, plus give our "zoning" OK, ; WHY SHOULD WE SPEND OUR TAX DOLLARS, MAN-HOURS, AND EFFORTS FOR A NEW SITE (WHICH WE WILL PAY TO USE), WHEN WE COULD BE USING THOSE MONIES TO DEVELOP A SITE :l } Y 1' VES? • FOR OURSF.L 1. ' 1 I l ! 1 ~ i r O.ACW 1 o 1 Page Two March 5, 1991 j 1 , 6. Due to Texas Waste Management's multistate size, It is able j to keep it's fees reduced in a particular area as long as It takes to (in effect) create a monopoly. Other haulers won't be able to compete effectively, as they will be without a choice to take waste to dump it, either. They will also have to pay whatever tipping fees TWM sets on their transfer station or landfills. As a very concerned citizen, business owner, and taxpayer In this community fr I strongly urge you to vote "no" to the proposal as offered from TWM. ` There are options to be considered: 2. Sell ONLY the commercial business and related equipment for the r $1.9 million offer. t'. 2. RETAIN the landfill ONLY for the City of Denton's customers, be they Commercial or Residential.. 3. TWM WOULD NOT be allowed to use our landfill, for whatever reason ...e)r would have to pay the rate of $3.45 CU.Yd., the market value of the usageli 9. NO ADDITIONAL agreements made with TWM regarding OUR finding and obtaining their transfer site. Rather, the City begin to locate a new site and obtain, licensing for the City's use In the {r' projected 5-8 year period from now. ALSO, ploass be aware of the REGIONAL LANDFILL that Is In the licensing process even now, which will serve Denton, Collin and Tarrent Counties In the r near future. This will be ANOTHER OPTION for our City to consider, I appreciate your time to look the attached material over, and ask that you do ; give sincere and thoughtful consideration to our area residents and how the proposed TWM offer will affect tis ail! Sincerely, EXECUTIVE-A SIST r~ ,70yc~ A. Poole l 01 Attachment: TWM Data v , j. r' v o l t• .erv:v.~ SUMMARY OF FACTS Texas Waste Management Offer City of Denton PROPOSAL: 1. City of Denton receives from TWM on April 1, 1991: 1.9 Million Cash Payment ~ For purchase of Trucks, Dumpstera, Customer List At TODAY'S costs, replacement of the trucks and dumpsters } would cost approximately $1.3 million (should the city wish - to return to Commercial pickup, it would be five years before they contract allows them to do so - so $1.3 Million must be factored to "future" costs. i I II. Texas Waste Management completes filling our current landfill of r N k approximately 650,000 cubic Yards In 'he next IS months and will pay City of Denton $1.25 Cu.Yd. Cit•, had originally requested $3.45 Cu.Yd. from TWM Current offer gives City: $812,500.00 OPPOSED TO $2,241,500,00 ORIGINALLY REQUESTED + NET LOSS TO CITY OF: $1,430,00,0,00 t, 4 1 r III. To "Make Up" for this loss, TWM then offered the City an additionel t sum of $1.7 Million , with the added stipulation that the City snust r assist TWM in securing a site for them to build a Transfer Station and City must also help them to get zoning approved .4n4_ A State Health Permit. f l NOTE: The sum of $1.7 million is NOT paid all at one time.. f Rather, it is to be paid as follows: $1 Million AFTER TRANSFER STATION IS OPENED (no time definite limit i has been stipulated for this to to be opened. "If" all goes well the date of July 1993 is the anticipated opening.) HOWEVER - THIS PAYMENT IS NOT SCHEDULED TO BE PAID BEFORE OCTOBER 1993. $175 Thousand/PER YEAR to then be paid „r over four year period. i rr; .fax: '4 1" .M•`•'opNiiiG'Mas s. . ,x., r.... L < .a"ur aF. ,.:r", xs+. x.V':aL ni- r, r 9"• ' wrgw~ } ,w . NwO..g t ■yfp■ I _4't i 1 1 i Page Two I M P O R T A N T NOTE: By allowing TWM to use our site at a charge of ' $1,25/Cubic yard, rather than demanding the $3.45/Cu,Yd, they originally AGREED to pay (and } what the market values are for this service), the City immediately has a Net Lose of $1,430,000. ; fff ~ 1 By NOT receiving the additional market value difference 1 of $1.430 million in Point Two, the City IMMEDIATELY LOSES $371,388. In potential Interest (@ 8% Simple) In the THREE YEARS before the Transfer Statlen Is "Hoped" to open. THEN, ONCE THE STATION IS OPENED; the $1 Million first: Payment on Point Three is to be paid In October 2913, IF THE STATION OPENS IN JULY 1993. MEANWHILE: During this three year period, the City Is PAYING TWM to put our residential waste in THEIR landfill located fir south of Lewisville. This will Immediately drive up the cost for our City to handle residential waste, and create immediate need for them to raise all residential rates! Not only does our City equipment facts faster breakdowns therefore, higher maintenance cost, fuel costs, etc,l' but ; # our personnel will be spending, more "road time" on more dangerous traffic areas, increasing the accident hazard rate (thereby increasing truck and personnel insurance costs??) THESE COSTS ARE PROJECTED TO COST THS CITY AN ADDITIONAL $136,000 FOR TEN MONTHS i PLEASE KEEP IN MIND, Additional sums will be lost to the City, as TWM's proposal will only give us $1 million in 1993 (maybe), with the balance of the monies to be paid p over an additional four year period. All of which time COULD BE INVESTMENT TIME FOR THE CITY'S MONIES, INSTEAD OF Texas Waste Management's! f The City will lose AT LEAST three years of Interest gain on $1 Million, a, PLJS the lots of FOUR ADDITIONAL years of $760,500 which could be 1 invested. PLUS: Our City Staff must be involved In time and expense to acquire and secure the Transfer Site for TWM.... and then wer have r; the wonderful "opportunity" to PAY THEM $5.50 Cu.Yd. to dump our ' Residential Waste In their Transfer Station, that we have more than Paid fort i A rl Page Three i. r THIS CANNOT BE A SOUND. LOGICAL. Ai ti 13USINICSS On MANAC3MENT DECISION 'TO ; AGREE TO - AND URGE ALL CITIZEN8 AND BUSINESSMEN IN THIS COMMUNITY { TO CAnMVULLY LOOK AT WFiAT THEY'RE ay I "GIVXNG AWAY", IN THE: NAME OP "F`REE ENTERPRISE" . 1. WE HAVE GAINED NorHING Wn HAVE X.OST ALL CHOICB:S OF' VnE: St, HANbL114(3 " CONDITIONS. AND COfVVnOL OF' nA'EES AND QUALITY AT A LOCAL LEVEL, WiERE WE CAN 13E HEARD AND GET ACT?ON 'TU;'° OUR CON~'EI2NS. ,k x + r 11 ,idrr a~ f ~ .f i +f r 'r ,f r a ^ i ~ ~ < ' r ~rh 1a M, f IiF1 "r .r Y""`W4 k'YNAlI&.;.JYN r.YA.Y.-ar-re.v ' I ~r" • avows j a 1 DECISION TREE CITY WASTE vs TEXAS HASTE MANAGEMENT E' i" PLUSES MINUSES Lois of our equipment, landfill site and IMPORTANTLY, will kilt competition for Residents and commercial users, alike) ' Texas Waste Management is able; ' to absorb a foss In a "new" area such as Denton, for "however long" it takes to thwart compe- tition. The financial losses to the City , x' are far greater from the outset than first foreseen.; By the year 2005, the dity will lose $13,163,000 on Commercial Residential fees, if City handles both, BUSINESSES as well as i RESIDENTS face the following r ' Y losses: t k I. No options to haul your own trash to a local Landfill ...If you go to the Transfer station, you will pay "whatever" fees they choose to set for private dumping. II. No local control over rates," services, or handling policies. III. "RecycL'ng" will be virtually, 4 killed. j IV. Increass of backroad traeh.by people who cannot/will not pay Increased races or"tipplntq fees" „i or drive to south Lewisville to ; dump trash. , . , n i 1 I + j ~ ~ III i n,nr~ Page Two i( PLUSES MINUSES V. Private Haulers will not be able to "come ire" and service you for a competitive fee, as they will have limited customers and would have to haul to either ; TWM Transfer Station, or DPW Landfill. TWM will effectively f`4' create a "monopoly" control sltuatloa in our area,..they will own the dumpsites to the area can sot. fees where they choose for all "outside" users. Proposal DOES NOT relieve Ckty from Subtitle D (EPA) responal- bilittee for landfill! y I Ifii~ aS ; I NO GUARANTEE when City will receive possible $1.7 million 'Incentive", except it is to following opening of their Transfer Station. Meanwhile, City will have to haul all F + residential waste to S'AA f s`! landfill, at the cost/ttme/ wear of our equipment and still ' pay TWM to use their landfill! We are only guaranteed to have ANNUAL Increases at higher than City.,as TWH will increas6' rates with CIP rates, Regulatory rates, and remember - as a business, they expect to get a "profit margin" in their fees! 4 I In1' r. ~ I 1! f.00J4"141d"444 yF r fMSI>~ DO WE HAVE CHOICES? 1 YES ! City is already in compliance with major portion of EPA Guidelines, and " will not have to spend excessive monies toward that effort, r ' For Instance: City already has Installed and closely monitors "groundwater wells", which will be required as a part of our waste water treatment plant r. and has that procedure in place. The City has already put in place the "double liner", which is also a portion of the new Subtitle D requirements. y , Current Landfill space it anticipated to last for another five to ten years, at current usage. No need to "panic" if we deny this offer from Texas Waste Management! Other options are opening and continue to become available for .y" 17onsideration: 1. A "regional" landfill is being organized and developed now, which will. be available to Denton for use, Thle Is t to Include a recycling, co-generation system to utillas i our garbage Into 2nd market uses, ire. methane fuels, s, metals salvaging, paper wastes, etc. y II, Instead of our City staff working on our tax dollar to help TWM find and develop soother waste site, our manpower and time could be better spent looking for a waste site for the City of Denton, and "keep our tax dollars" working for THE RESIDENTS AND TAXPAYERS, rather than private companies. i Y.4 u }S:, Y. f r f , .