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Home My WebLink About08-06-1991 ~ + AGENDA CITY OF DENTON CITY COUNCIL August 6, 1991 Work Session of the City rotf in Denton City Council on the Civil Defense ROOM Of City Auqust 6, 1991 , at 4;00 p Hall,, 215 E, McKinney, Denton, Texas at which the following ' items will be considered: Note; Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the t Regular Meeting. 4:00 P.M. i Budget Presentations F 4:00 - 4115 introduction t ; 4:15 - 5:00 City Services General Finance Administration Municipal Judge Pla":ninq & Development ljo 5:15 6:15 Pubp olicefety Services # Fire is 6115 - 7:15 Municipal Services j Municipal Services/Economic Development Library Environmental Services personnel/Pay plan/Building operations Parks and Recreation/Building operations i } 7:15 - 7:55 Engineering, Transportation and Airport Engineering and Transportation Streets Jr: Airport Regular Meeting or the City or Denton city council on Tuesday, August 6, 1991, at 8100 p,m, in the council Chamber, of City Hall, 215 E. McKinney, Denton, Texas at which the following itPmu will be considered 8:00 p.m. 1. Pledge of Allegiance { R 1' i.,c T F - - - - ~OIPT tt7AS4 e' i ~ F±'v-arid r 4 .I City of Denton City Council Agenda August 6, 1991 Page 2 I 2. Receive a presentation of the Governor's Community Achievement Award 2nd Place. I 3. Citizen Reports A. Receive a citizen report from Carl Young regarding problems with Fred Moore Park and problems within the neighborhood. s B. Receive a citizen report from Arthur Almore regarding symbols and monuments in the City of Denton. i ' C. Receive a citizen report from Bill Dennison ' regarding signs. D. Receive a citizen report from Carl M. Williams } regarding state Representative redistricting. E. Receive a citizen report from Richard M. Salazar regarding State Representative redistricting. F. Receive a citizen report from Derrell Bulls regarding State Representative redistricting. + r d. Receive a citizen report from Charles W. i Carpenter regarding state Representative f redistricting. 4. Public Hearings A. Hold a public hearing and consider an ordinance j approving the rezoning of a 17.419 acre tract of land zoned Commeruial and Light Industrial to the Agricultural district on property located at the northeast corner of Mayhill Road and TH-36E, north of Pockrus-Page Road. Z-91-007 (The ~ 1 Planning and Zoning commission recommended l i approval 5-0 at its July 10, 1991 meeting.) B. Hold a public hearing and consider an ordinance approving a specific Use Permit on property located on the north side of Scripture, approximately 100 feet west of Ector, also known as 2046 Scripture, for the purpose of a Private School. Z-91-010 (The Planning and Zoning Commission recommended approval 4-•0 at its July 10, 1991 meeting.) `d City of Denton City Council Agenda August 6. 1991 Page 3 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff V { recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the ' f agenda. Detailed back-•up information is attached to the ordinances (Agenda items 6.A, 6.B). This listing is provided l on the Consent Agenda to allow Council Members to discuss any l j item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid #1253 - Construction of Fire station #6 i i B. Tax Refunds t 1. Consider approval of a tax refund to Dentex rr Title Co. for $555.07. E; 2. Consider approval of a waiver of Penalty/Interest for Dennis T. Riney (Account #39239) i C. Pints and Replate 1. Consider the preliminary replat of Lot 1, Block 1 of the Eagle Point subdivision, into ! Lots lA and 1B. The 3.729 acre site is located on the east side of Fort Worth Drive, opposite Lindsey street... (The Planning and Zoning commission recommended f approval, 7-0, at its July 24, 1991 meeting). 6. Ordinancos h. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements, (5.A.14 - Bid #1253) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or #1255 Telephone i Equipment maintenancoonte. (REP ) N ii t; VJe rl , City of Denton City Council Agenda August 6, 1991 Page 4 C. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Deloitte & Touche to provide auditing services as auditors for the fiscal year ending September 30, 1991. D. Consider adoption of an ordinance approving an amendment to an agreement between the City of Denton and Services Program for Aging Needs, 5 E. Consider adoption of an ordinance vacating a public utility easement recorded in volume 928, page 602, Denton County, Texas, (Public Utilities Board and Planning and Zoning Commission recommend approval.) F. Consider adoption of an ordinance vacating an easement for electric transmission and I distribution lines situated in the Alexander Hill Survey, Abstract Number 623, Denton County, Texas, (Public Utilities Board and Planning and Zoning Commission recommend approval,) i 0. Consider adoption of an ordinance prohibiting U turtle on. Lillian Miller Parkway at the first ~ median opening south of Interstate 35E southbound I service road, (Citizens Traffic Safety Support commission recommends approval.) H. Consider adoption of an ordinance repealing sections 18-514 18-521 18-53, 18-54, 18-55, and j 18-56 of Chapter 18 of the Code of Ordinances of the City of Denton relating to regulation of trucks and truck routes; amending Division 2 t (Trucks and Ttuck Routes) of Chapter 18 of the Code of Ordinances of the City of Denton; establishing definitions; establishing designated truck routes and regulating for departure therefrom; providing for exceptions; prohibiting certain use of residential streets; establishing j requirements for the operation of concrete trucks; establishing a maximum vehicle load limit; providing for a maximum penalty of two hundred dollars for violation thereof; and providing for a severability clause. (The Citizens Traffic Safety Support commission I l recommends approval.) I, An ordinance approving a contract between the City of Denton and the State of Texas for the 'T'exas Traffic Safety Program; authorizing the City Manager to exoci%to the contract; and providing for an effective date. j i i i ` City of Denton City Council Agenda August 6, 1991 Page 5 7. Resolutions A. Consider a resolution authorizing the Mayor to execute an agreement between the City of Denton and the University of North 'texas for the delegation of authority to regulate parking on additional portions of city streets adjacent to (Citizens property controlled bythe Commissionuniversity. recommends Traffic Safety Suppor approval.) ` S. Receive a briefing and hold a discussion regarding House Redistricting. 9, Miscellaneous matters from the city manager. ; 10. New Business: This item provides a section for Council Members to { suggest items for future agendas. 11, Executive Sessior: f A. Legal Matters Under Sea. 2(e), Art, 6252-17 V.A.T.S. ! 1. Consider subrogation claim in Boydston v. Chrysler Corporation: B, Real Estate Under Sec, 2(f)y Art. 6252-•17 V.A.T.S. C. Personnel/Board Appointments Under Sec, 2(g), Art 6252-17 V.A.T.S. E 1. Consider appointment of alternates to the sign Board of Appeals, 13. Official Action on Executive session items: I A. Legal Matters ` B. Real. Estate J C. Personnel D. Board Appointments i i 1 ~.rxc~xv ~ : E City of Denton City Council Agenda August 6, 1991 Page 6 NOTE: THE CITY COUNCIL RESERVES THE. RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE, f , CE RT I F I C A T E I certify that the above notice of metitin was E 5 i I bulletin board at the City Hall of the Ci y of Dent on, Ton the exai4, on the day of 1991 at o'clock (a.m,) (p.m.) CITY SECRt;TARY 3415C f i E 1. r I f_ t f I gyn. , N P # ,yl, A• DATES 08/06/91 {t E CITY COUNCIL REPORT PORMA'P TO, Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager SUBJECT: z-91-007. R FZONE A 17.419 ACRE TRACT OF LAND FROM DISTRICTS To THE AGRICULTURAL DISTRICT.OMMERCIAL AND LIGHT S RECOMMENDATION' I Planning and Zoning commission recommended approval of z-91-007 (5-0) at its July i0, 1991 meeting. ` SUMMARYI This is a request to downzone property from the Commercial and Light l Industrial diatriots to the Agricultural district. The downzoning complies with the policies of a low intensity area as set out in the Denton Development Plan. i The owners of more than 20 peroent of the property within the 200 foot radius have protested this request) therefore, in order for the City council to approve this request, at least six members will have to vote in favor of the petition. BACK f:~ ROUNDS y See P&Z Report ti T5 OR GROUPS AFFECTED 4 EN DEPARTM PROGRAMS Surrounding p in9 and Development Department, properties, Planning I J Nationwide Mobile Home Sales FISCAL IMPACT: s R NIA ' Respectf y sub tt - Prepared b" Lloyd V Harrell ; City Manager Ker n K. Fe hari' C t Urb n Planner I Approv t E ~ ~ Fan H. o bi , AICP Exenutive Director Planning and Development i 2145e 1 M , leF. tuFf7. t I PLANNING AND ZONING COMMISSION REPORT To, Mayer and Members of the City Council ' Case No.: Z-91-007 Meeting Date: August 6, 1991 ~ 1 GENERAL INFORMATION Applicant: Tom Niederauer Tom Niederauer & Associates 400 S. Zang Blvd., Suite 925 j Dallas, TX 75208 Il Current Owner: Hayhill Road Realty Company 4 p Stephen Ziff, General' Partner < Ziff Properties , 8 Legare Street Charleston, SC 89401 3 (803) 577-9584 Requested Actions Downzone a 17,419 acre tract of land from commercial and Light Industrial districts to the Agricultural district. Location and Site: A 17.419 acre tract of 7.and located at the northeast corner of Maybill Road and I-35E, / { north of. Pockrus-Page Road. i Surrounding Land Use and Zoning: North - Agricultural and Light Industrials Andrews Corporation. South - Agriculturally zoned and used, East Agriculturally zoned and used, } West - PD 91-vacant, Denton Development Plan: Low Intensity Area. - j f E ~ I i (Case Z-91-007) Page Two } SPECIAL INFORMATION i ti Transportation: 1. Mayhill Road is a secondary major arterial, Pockrus Page Road is a collector street, 2. Public improvement requirements cannot be addressed at this time without knowing proposed uses and lot configurations, 3. Additional transportation issues will be addressed when the property is platted or if it is rezoned, at some point, for a more intense use. utilities: j Water; There is an eight (8) inch water line in I-358; a sixteen (16) inch water main on the north side of the property) and an eight (8) inch water main in the 70 foot transmission easement, i Sewers. i' There is an eight (8) inch sanitary sewer line located along Pockrus-Page Road which runs up to the 70 foot transmission line and then back down to a 16 foot utility easement along , the southern boundary of the site. Electric: There is a 70 foot. transmission easement which traverses i this site from the northwest to the southeast, { Drainage: 1. This property drains towards the railroad and is not in the floodplain. 2. Specific, drainage issues will be addressed when this E property is platted or if it is rezoned, at some point, fI to a more intense use. E t i 6 4aa~m 1 r (Case Z-91-007) Page Three HISTORY On September 18, 1984, the City council approved the rezoning of this tract from the "GR" General Retail and "A" Agricultural districts to "C" Commercial and "LI" Light Industrial districts. t On July 10, 1991, the Planning and Zoning Commission recommended approval 5-0. ANALYSIS At the time of the rezoning in 1984, this property was in a 4 moderate activity center. Since this time, the boundary lines 3. for this particular moderate node were 'relocated, thus, deleting the tract from the moderate activity center. Therefore, this site is located in a low intensity area. The applicant has stated that the purpose of the request for downzoning was because the property would probably develop better for other uses and in smaller tracts. Since this tract is now in a low intensity area, the Agricultural district is more in compliance with the policies of the Denton Development Plan; d Intensity Trip Allocations; -f~ Current Allocation; 13.7 Ac, commercial x 650 8905 4.5 Ac. Light Industrial x 105 472.5 i Tota.lt 9377.5 Proposed Allocation: Appx. 10,42 Ac. Agricultural x 60 u 625 Appx. 7 Ac. (mobile Home sales) x 650 - 4550 Totals 5175 v i Reduction in Intensity; 4292.5 (9377,5 - 5175) By downzoning this to the Agricultural district, there would be a reduction of 4292,5 trips. One matter of concern is the existing use of Nationwide Mobile Home sales. This type of use is allowed in a commercial zoning district. However, if this rezoning request is approved, this business would be placed in a nonconforming status. The requested downzoning of this tract of land from the Commercial and Light Industrial districts to the Agricultural district is in compliance with the Denton Development Plan. Undoubtedly,, future rezoning from "A" to non-residential zoning district will be requested and that rezoning would be more restzicLive than the current zoning. The IH-35 corridor intensity and design concepts may be applicable to that future rezoning from "A". i Y j (Case Z-91-007) Page Four i RECOMMENDATION i Planning and Zoning Commission recommends approval of Z-91-007 f ALTERNATIVES 1. Approve petition. with the "20 percent rule" in effect, to approve the petition, at least six members of the Council must vote to approve it. E 2, Approve petition with additional conditions 3. Postpone consideration 4. Deny petition i ATTACHMENTS E 1, Location Map { 2. ordinance 84-116 3. Minutes of P&Z Meeting of July 10, 1991 4. Ordinance i r _I 2145e 1~ IS,C~pS.j,} f { ATTACHMENT I Z-91-007 Maynlll & 1-35 NORTF 5 I E 1 k E { { I `S r ~ ITE i Road i f ~ DATE: W13/01 SCALE; NONE I_ ATTACHMENT 2 , AN ORDINANCE AMENDING THE ZONING MAP OF rHE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF URUINANCE3 OF TEL CITY OF DENTONi TEXAS, BY ORDINANCE NO, 6J-1, AND AS SAID MAP F APPLIES TO 10,2 ACRES OF LAND SI.JATED IN 'IHE M,E,P, & P.A.R. SURVEY, ABSTRACT NO. 9:i0 AND GIDEON 'dALBER SURVEY, ABSTRACT NO, 1330, DEdITON COUNTY, TEXAS AND LOCATED AT THE NORTHEAST CORNER VF I-35E AND MAYHILL ROAD; TO PROVIDE FOR A CHANGE IN ZONING CLASSI- FICATION AND USE DESIGNATION FROM GENERAL RETAIL 'CR' AND - AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE TO COMMERCIAL 'C' AND LIGHT INDUSTRIAL 'LI' CLASSIFICATION AND USE FOR SAID 1 PROPERTY; AND DECLARING AN EFFECTIVE DATC, THE COUNCIL OF THE CITY OF DENTON,.TEXAS, HEREBY ORDAINS; j , SECTION I. Tnat the Zoning Classification and Use assignation applicable to all or part of the property deaCribeu below is hereby changed trom General Retail 'OR' and Agricultural 'A' District ClasslfiCO- tlon and Use to Commeecial 'C' Dlr:trict Classification and Use unaer the Comprehensive zoning Ordinance of the City or Den Eon, 'exaal TRACT 11 All that certain 13.7325 acre tract, or parcel of lanu aituatea in the M,E.P, & P.R,R, Co, Survey, Abstract Number 950 ana the Giaeon waixer Survey, Austraot Number 1330, Denton County, - Texas; said tract being a part of a called 16,2519 acre tract shown uy Deed to T. J, Fouts, Jr,, Trustee ana recorded in Volume 943, Page 624 of the Deed Records of Denton County, Texas and using more particularly described as followst BEGINNING for the southwest corner of the tract being desorlued herein at an iron pin at the southwest corner of said Fouts tract said pin Iles south 48°27157' east 252.37 Beet from the south corner of a called 1.607 acre tract shown oy Deed to C, Potter) at al, and recorded in volume 57B, Page 347 said Deed Recotasr I THENCE north 48427157' west along the northeast right-of-way ' interstate Highway 35E a dldtance of 252.?l feet to an iron pin for a corner of this tract; THENCE north 4l°32103' east a diatanca of 175.00 test to an Iron pin for an Inner ell corner of this tract; THENCE north 48027157' west parallel to s,1id right-oE-way a i distance of 400,00 test to an iron pin tar an Inner ell corner of jI tnis tract] THENCE south 41032103' west a distance of 175,00 feet to an iron pin for a corner of this tract in said right-of-uayi of this a triact~ance of pin s tot an angla point right-of-way tr34 foot north to ao iron 48*271510 278 THENCE north 38457157' west with said right-of-way a distance of 96.20 feet to an iron pin at the beginning of a flare in said right-of-way for an Angle point of this trectl tract.$ aft iron pin for A corner of this flair distance north of 118.40 4feet 0 west Z-1669/R08ERT J. BUTTON/PAOE 1 i X41}e :fie./,M%~I 9 t OW".}y j THENCE norm 30°38'46' east a distance of 49.73 feet to an iron pin in a Pence line on the southeast lane of Naynill Road, THENCE north 16036'03" east with aaiu fence a distance of 536.37 feet to an iron pin, in the center of a 70 foot wide Texas Power b Light company easement/ THENCE south 37056111' east witn the eenrerline of said easement 1701.26 test to an icon pin in Page Road, for the southeast corner of this tract) THENCE north 85143116" west a distance of 508.46 feet to the point of ueginning. SECTION 11, That the Zoning classification anu Use designation applicable r to all or pact of the property uescribea below is hereby changed from Agricultural "A" District Classification and Use to Light Industrial "LI' District Claesiticatton and Use under the comprehensive Zoning Ordinance of the city of Denton, Texesi TRACT 2t AlI that certain 4.5194 acre tract or parcel o9 land situate, in the Gideon walxer Survey, Abstract Number 1330, Denton j County, Texa91 said tract being a part of a called 18.2519 pore tract shown Oy Deed to T. J. FOULS, Jr., Trustee and reoorded in Volume 943, Page 624 of the Deed Records of Denton County, Texas and being more particularly described as Eoilowa; BEGINNING for the southwest corner of the tract being aescribed herein at south 850431164 east 508.46 feet fCgm Los southwest corner of said Fouts tract THENCE north 37056'510 west with the centerline of 70 toot wide Texas Power Ana Light Ttansmiesion Line Easement a distance of 426.21 feet to an iron pin for the west corner ut this tract) THENCE north 52°031094 east a aistance of 3b0-U2 teat to an Iron pin in a fence on the southwest right-ot-way line of m,K.T, Railroad, for the north corner of tnis tracts THENCE in a southeasterly airectLon with a curve to the left having a central angle of 079281280, a chora nearing Ana aistance of south 34102102" east 379.98 feet, a radius of 1914.79 toot, and a distance of 38U.24 feet to the end of said curve= THENCE south 37046'16" east continuing with Railroad right-of-way a distance of 351.35 feet to an iron pin in Paye Roaa, for one southeast corner of this tracts t THENCE north 85043116" weer a aistance of 449.70 fear. to the point of beginning. " SECTION III. The Zoning Map of the City of Denton, Texas, adopted the 14th day of Januarys 19691 as an Appendix to the Coae of Ordinances of the City of Denton, Texas under Ordinance No. 69-11 be, and the same is heraoy amended to show such change in District Classification and Use. SECTION IV. That the City Council of 4.ne City of Denton, Texas, heraoy finds that such change is in accocaance with a comprehensive plan Z-1669/ROBERT J. BUTTON/PAGE 2 •1 j for the Purpose of promoting toe general weltare of the City OP Denton, Texas, and with £edsonaole consideration, among otner tnings for the cnaracter of the district and for its peculiar suicaoility or particular uses, and 'wltn a view to conserving the value of trio oulldings, protecting numan lives, ana encouraging the most appcoprtate usea of land for the maximum oenefit to the City of Denton, Tuxas, ana its citizens. 1 SECTION V. + i That this ordinance shall oe in full force and effect immediately after its passage and approval, the required puoiio nearings naving hetetotore oeen neid oy the Planning and zoning Commisslon ana the City Council of the City of Denton, Texad, ^ after giving due notice thereof, Y~ PASSED AND APPROVED this the day of 1986. i i C ARD 0, TEWA , MAY R F CIT OF qE TON, TEXAS i j ATTESTi CHARLOTTE A E , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM] JOE D. MORRIS, ACTING CITY ATTORNEY f CITY OF DENTONe TEXAS BY$ fff r` T s 4 2-1669/ROBERT J. BUTTON/PAGE 3 i . Minutes PLANNING AND ZONING COMMISSION E July 10, 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, July 10, 19912 at 5:00 p,m, in the Council Chambers of City Hall, 215 E, McKinney, Present; Roy Appleton 111, Euline Brock, Jim Engelbrecht, Ivan Glasscock, and William Kamman Absent; Judd Holt and Pratt Morgan Present from Staff; Frank Robbins, Executive Director for Planning and Development; Joe Morris, Assistant City Attorney Jerry Clark, City En ineer; Owen Yost urban tanner; Karen Feshari, rban Planner; and Olivia Carson, Secretary Chairperson Brock called the meeting to order. I. Consider the preliminary and final plats of Lots 1 and 2, Block 1 of the Fry Street Addition, Mr, Yost stated that the applicant has requested a i postponement until the next meeting, The adjacent property owners were given notice of the replat. The Commiss.,on agreed to postpone consideration of the Fry Street Addition, i II. Z-91.007 Hold a public hearing and consider rezoning a 17,419 acre tract of land from Commercial and Light Industrial districts to Agricultural district on property located on the northeast corner of Mayhill Road and I-3SE, north of Pockrus-Page Road, i Ten pproperty owners within 200' of the tract were notifind; none responded in favor of or in opposition to s the request, Staff Report: Ms. Feshari stated that 15.7 acres of the tract are zoned commercial and 4,5 are zoned light industrial. The petitioner is requesting that the tract f be downzoned to agricultural, The surrounding land uses ( are agricultural and light industrial on the north, agricultural on the east and south, and a vacant planned development (PD-91) on the west, Mayhill Road is a secondary major arterial, Pockrus-Page Road is a collector Street. Public Improvement requirements cannot be addressed at this time without knowing proposed uses and lot configurations. Additional transportation issues will be addressed when the property is platted or if it is rezoned, at some point, for a more intense use. 1 t r'L.!F$Y+i P&Z Minutes July 10, 1991 Page 2 Utilities are available. There is a 70 transmission easement which traverses this site from the northwest to the southeast. On September 18, 1984, the City Council approved the rezoning of this tract from general retail and agricultural districts to commercial and light Industrial districts. At the time of the rezoning in 1984, this property was in a moderate activity center, Since this time, the boundary lines for this particular moderate node were relocated, thus deleting this tract from the moderate activity center. Since this tract is now in a low intensity area, an agricultural district is more In compliance with the policies of the Denton Development Plan (DDP), This tract had been allocated 9,377.5 trips, 650 trips per acre for the commercial uses, and 105 trips per acre for the light industrial. By downzoning the property to agricultural district, there would be a reduction of 80332.36 trips, only 60 trips per acre. One matter of concern is the existing use of Nationwide Mobile Homes sales. This type of use is allowed in a commercial zoning district However, if this rezoning request is approved, this business would be placed in a non-conforming status and would not be permitted to expand, The requested downzoning of this tract of land from the commercial and light industrial districts to agricultural district Is in compliance with the DDP. This is an unusual request and the applicant has been informed that it would be difficult to get commercial or light industrial zoning back again in the future, Mr, Engelbrecht arrived at the meeting. Petitioner; Tom Niederauer 400 S. Zang Blvd,, Dallas, stated that he represents Steven Ziff, the owner. The site is 17.4 acres and-the request is for a change of J zoning from commercial and light industrial to agricultural. He has sent a letter explaining why they i are requesting this change. Mr. Niederauer said that his firm was retained to evaluate the property from a I planning perspective. They came to Denton and did some research, When they studied the tract they found that it was odd shaped with frontage on three different roads. The adjacent uses are varied and degrade the potential value of the property, Southern Hills (PD.91) is in the hands of the FDIC and is up for sale. The I-3S highway strip is over-zoned. The tract being discussed tonight is in a low intensity area, He concluded that Southern Hills will drive tho property values in the area. Other ropertias are in chunks all around the tract. There are number of disjointed pieces. This tract will not sell as a whole. He has recommended to Mr. Ziff that the property be subdivided and rezoned for specific purposes i i 1 r P4Z Minutes July 10, 1991 Page 3 The highest and best as the need develops dete~rminedurby the market, He has use of property i £ il because downzoned property in Dallas to single am Y PD-91 is sold, it that was what the market wanted. When probably be rezoned as well. In favor; no one was present to speak in favor of the petition. Vice-President of the Henry S. CPPler pant Reynolds, as agent for the Miller Company, stated that he is acting FDIC and would is kunusual voice ob Change to pthe iwithdrawal hof downzoning. proposed change will devalue other competition but the properties. They are marketing Southern Hills a d will probably t is priced at $24,000 per acre, That is a gbe price sold considering the infrastructure, it be rezoned. j to a single investor and will probably not The trand willt stll begenerateoael arge amount gof trips rno roads matter what the zoning. 4 I Mr, Kamman said that lie does dnot evalued understand why the FDIC thinks their property will be Mr. Reynolds explained that right now at least gee are some sort of commercial uses going o homes is not exactly the most gla orha use but not in commerce. To go back to just a p the best interest of the overall area. Mr, Appleton said that the businesses cannots expandperal3e as non-conforming uses, they just Reynolds thinks that a low intensity daesiskedgnaitifon is Ms approPrlate for that area. Mr. Reynolds said that the master plan for the City ithsin to inks may be nks reroute Loop 288 through that inter ecti on there will be high intensity uses r . it okay for today but consistent with H really a downzoninastonished that someone at this interchange. Mr, Glasscock l effect stied the tax Mr, Remolds thinks the downzoning base, said t t sands out unitytthat Ian owner doesnstgthink t enough Mr, Reynoldsomm investment c of his property to keep it ° u e.industrial. That isno He a thinks more of an agricultural type ublic. He tries to good signal property caddy-cornerito his for First h the m rke t t P a I f .Y PM :~I rc,3 tisinuces I July 10, 1991 Page 4 Gibralter. It is a 35 acre tract and it has some real screwball zoning. obviously it needs to be redone, but dcouters look at It, It as a he has had some Sam' s type of pacegebutlsthenconEiguration was suchwChat l it couldn't be worked in there. Those types of users be is will eventually end P at this ntersection wl Also his professional opinion reduction in the real estate taxes when the property is downzoned, He does not see an economic incentive either. 1 I Recommendation: Ms. Feshari stated that staff recommends approval of Z-91-007. i Rebuttal, Mr, Niederauer stated that he discussed the case with Mr. Reynolds several weeks ago and did not know S , of their opposition until tonight. He does not ; understand why there is opposition. Mr. Reynolds. contradicted himself by saying that the rezoning will adversely affect the tax base and then saying that there will probably not be a reduction of prope tye taxes fors the property. This downzoning will give th neighbor some say on the eventual development of the property because it will ultimately be rezonedou di If the be sold for zoning remains the same, the property I further expansion of the trailer manufacturTefeuse. That The may not be the type of neighbor that is p mobile home sales lot is a renter. a business MrZiff received partner, this property when he split upw aThe He inherited the contract on the trailer sales. re contract has a couple of more years to run. There three businesses in the cut-out tract of lend B sidesn the property. They are not beingn is vacant. trailer sales the rest of the p opery Chairperson Brock closed the public hearing. Mr. Appleton moved to recommend approval of Z-91-007, Motion was seconded by Mr. Engelbrecht. Mr. Kamman stated that he will support yythe motion because does not e argument understand that w propert whave b re a reduced. T g voice in the future development of this tract makes sense. - Ms. Brock stated that at the time this property wr. zoned entranceway policies were not In place. will give an opportunity for them to be implemented. Motion carried unanimously (5.0). ; L' -91-010 Hold a public hearing and consider a Specific III. Z located on he north side of Use Permit coxi~nately y 100 feet west of Ector Street, at Scripture app 2046 Scripture for the purpose of a private school. (L'![6*1 j g:lNpdo~son910C7o i ORDINANCE N0. , AN ORDINANCE OF THE CITY OF DENTON( TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) AND LIGHT INDUSTRIAL (LI) TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 17.419 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF I-35E AND MAYHILL ROAD, NORTH OF POCKRUS PAGE ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Steven Ziff has applied for a change in zoning for 17.419 aorta of land from commercial district clas)sifand liht icat ion and industrial to agricultural (A) zoning tion; and WHEREAS, on July 10, 1991, the Planning and Zoning commission recommended approval of the requested change in zoning! j WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: aF rON That the zoning district classification and use f designation of. the 17.419 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from commercial (C) and light industrial (LI) to agricul- tural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the city of Denton, Texas. _&gj OH g. That the City's official zoning map is amended to show the change in zoning district classification. $FCTIQ W. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1991. i I r BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY sY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY L BY: i Y'. . %k '14 Exhibit A y Thence South 07 degrees 14 minutes 09 sucondr, West, along the v.-vst 1111c Of Slid C:Ity of Denton tract, a distance of 127,54 feet to a point for corner; Thence South 37 degrees 56 minutem 50 seconds Fast, along the northern southwest line of maid City of Denton tract, a distance of 40.24 fed't to a point fur corner; r Thence South 83 degrees 07 minutes 59`scconds bast, nlong the soullhern titnuthwest Tine of maid City of M-neon tract, n distance of 28.20 feet to n point fur 1 corner; {'hence North 52 degrees 03 mi:utles 09 seconds last, along the southeastern line of said City of Denton tract, a distanco of 242.0 feel to a point for the cast corm r of said City of Denton tract; Thence North 37 degrees 56 minutes 50 seconds West, along the northeastero iinr r of said City of Denton tract, a distance of 150.0 feet to a point for the north conwr l of anid City of Denton tract; x 1 r Thence North 52 degrees 03 minutes 09 seconds Fast, a distance of 153.84 (eel to it point on the westerly right-of-way of Missourl•Kansas-foxas Railroad, l r Thence Southeastcily along said right-of-my, around a curve to tl,e left having „ f; central angle of 07 degrees 28 tttinutes 35 seconds, a chord bearing mid distance cif a a, South 33 degrees 58 minutes 34 seconds East 380,07 feet, a radius of 2914,79 fed, 1 and a disinnce of 380.34 feet to the and of Bald curve; Thance Suu11A-37 degrees 42 minutes 51 seconds Fast, along said rallroad right-of• way, a distance of 351.35 feet to a corner in Page Road; 'i'lience North 85 degrees 43 minutes 16 seconds West, along said rage Road, n distance of 958,16 fort to the northeasterly right-of-way of Interstate Highway r T hence North 48 degrees 27 minutes 57 seconds West, along said right-of-wnyr a distance of 252,37 feet to the Place of Beginning, containing in 11117,419 acres of lnnd, r r I , i r { ,r r . 4. ' l•sl~ t i nNtlW" 3 r 4 8 DATE: 08/06/91 !r CITY COUNCIL REPORT FORMAT t r i Tot Mayor and Members of the city council Lloyd V. Harrell, City Manager FROMt I -91010 SPECIFIC USE PERMIT FOR PRIVATE SCHOOL AT 2046 SCRIPTURE T FROM t Z RECOMM__, _ RNPATI N: on recommends approval with conditions Planning and Zoning Commissi (4-0). t SUMMARY: to JF~lO,flcripture ted Request a Specific Use permit fot _ropertY lie zoned to alloW for a private School. The property BACKGROUND: See P&Z Report. ~GG PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDt I 7 i Citizens of Denton and Planning and Development Department. E FISCAL IMPACT: s N/A Bubm tte : s Reapeetf } # ~j ' 4. Lloyd V Maerell anager d Y: City M F hari lanner +13rb 4 Appro t r Fr nk N. Robbini&lst AICP Executive Director planning and Development 3497x t t 5 i. jy*e4d 1 124.4.a JY r j PLANNING AND ZONING COMMISSION REPORT i { i To: Mayor and Members of the City Council 1 s Case No.: Z-91-010 Meeting Date: August. b, 1991 GENERAL INFORMATION Applicant= Linda Lavenders 609 w. Oak Eva Hunter, 1821 Cordell John Plevock, 1302 Austin Current Owner: St, David's of Wales Episcopal Church 623 Ector Street Denton, TX 76201 Requested Action: To obtain a Specific Use Permit on property located at 2046 Scripture for the purpose of 1 J a private school, i Location and Size: 1.3 acre tract of land located on the north side of Scripture, approximately 100 feet i~ west of Ector Street. Surrounding Land Use and Zoning% I North - SF'-10, St David's Episcopal Church South - SF-7, Residential East SF-'t0, Residential West - Si:-',', Residential Denton Development Plan: Low Intensity Area SPECIAL INFORMATION i 1 Transportation: i 1. Ector and Scripture are both improved collector streets, 21 No sidewalks exist it this areal however, sidewalks will b~j required if this proparty is ever platted. ; 3. The driveways shown on the site plan are acceptable. i I I ( } F~lYr'Y. } 4 Page Two 1 SPECIAL INFORMATION (Continued) parking at St. David's church, to the north, A. The existing licant has a recorded Declaration of will be used. The app Restriction with the church. Utilities: ` inch water main exists on scripture. This line 1, A four (9) a twenty (20) inch line which is ! is to be replaced by currently in the design phase, ConstL-oction is scheduled to begin in 1992, sewer line is available for service A ix (6) inch 2. onsScriptu This i line may be approaching capacity. Drainage: ' 4 No improvements ~ 1 The property drains to the south and east. However, this would are warranted for the prOPOSed use. change if the use is expanded or more area is paved, Fire Protection: Given the age and use of the building, the Fire Department will allow the existing access drive to exist in its pr form. Landscaping: The landscape and tree preservation ordinance requires 20% The site contains of the streetyar.d be landscaped. approximately 808 of the streetyard in landscaping. addition, twelve trees are required3 inprot9cte~retreesa. 18 treats are existing (including requirements, + Therefure, the site far exceeds the landscaping I HISTORY ! house . This building has previou C mmission sreoommendedatapproval with ~ The Planning and 7.Oning 1991. conditions (4-0) oil July l0, i I t: y +IZtHa (case Z-91-010) page Three ANALYSIS i 3 is located in a low intensity area, According to Thithes De prntonoperDty evelopment Plan, low intensity areas are intended to residential developments. be used primarily for single family 1 There is a provision in the Denton Development Plan which allows j for low intense non-residential used however, these uses should ; i ! be designed to protect and preserve existing neighborhoods. The policies of the plan: i h 1. Strict site plan control within 1,600 feet of residential areas. 'j The site has two structures on it. The is proposing approximately 2,949 square feet. The applicant that t floor a floorbe used for office pace associated with '.'he school. i There is a small outer building behind the main structure that contains approximately 560 square feet. According to the site plan, this is the caretaker of the church's re4idence and is not visible from Scripture. ~ i The design of the site works well with the existing neighborhood, The site has quite a bit of large tree coverage and grassy area which helps the area maintain the neighborhood appearance. 2. Traffic for this use should use collector or larger streets and not residential streets. i Both Ector and Scripture are collector streets] howeverr he order to lessen traffic congestion on scripturee applicants have submitted an agreement with the church to the north of this site for the use of 16 parking spaces as ' well as the church parking lot being fern drop off point for the children, In addition, parking be at this location. It is the intention emergency access e pplicants to utilize the circular driveway for ~ i i t (case z-91-010) Page Four ANALYSIS (Continued) , 3. Intensity/density standard is not violated. This site is allocated 78 intensity trips (1.3 acres X 60 trips). Since the first floor only will be utilized as an 5 institutional use, 51.6 trips will be generated (1,474.5/1,000 X 35). The second floor is to be used for offia_ spacer therefore, 22.1 trips will be generated (11474.5/1,000 X 15), giving a total of 73,7 intensity trips. This request complies with this policy of the plan. 4. Sufficient green space, recreational facilities and 4 diversity of parks are provided. ; I Approximately 888 of this site is in landscaped space which j is in compliance with the policy of the plan, a I The proposed request appears to conform with the policies of the Denton Development Plan. In accordance with Section 35112 of the City of Denton Code of ! ordinances: A Specific Use Permit shall be issued only if all of the following conditions have been found: I 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Because the design of the site blends in with the l neighborhood and access along with parking is proposed on the church property, it does not appear as though this will be detrimental to the surrounding properties. 2. That, the establishment: of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. Because this is int•endod to be a small (lesu than fifty (50) student,g) school, this use should not im'~ede the normal and orderly development and improvement of surrounding properties. tYaSAr}:Y rq r f ,xv Xn:.~~.'t'hrM r (Case Z-91-010) Page Five i ANALYSIS (Continued) I 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will. be provided. All utilities and road improvements are adequate for this site. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. ; The circular drive located on Scripture should be used for ' emergency access only. It is suggested that, in accordance with the Fire Department, a gate of some type be located on both ends of the driveway so as to not encourage normal drop-off and pick-upa at this location but rather this take place on the church site. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, The existing vegetation along the eastern and western property boundaries should provide adequate screening and buffering in order to mitigate noise from the playground. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. The hours of operation are from 8:30 a.m. to 3:15 p.m., Monday-Friday, with some children remaining until 6400 p.m. No proposed lighting, other than what is normal in a residential area, is proposed. 1 7. That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, Approximately 888 of this site is landscaped. i In accordance with Section 35-113 of the Code of ordinances; "In authorizing a Specific use Permit, the Planning and Zoning Commission may recommend and the City Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a Specific use Permit is valid." k; Pa.Yt p.^lJi:fi li (case Z-91^010) Page Six RECOMMENDATION and Zoning Commission recommends approval of Z-91-010 Planning with the following conditions: 1. The enrollment at any given time shall not exceed fifty (50) students. 2, school hours shall be 7:30 a.m, to GOO p'm.t Monday Friday. i tree 3. Parent traffic churh will be parkingrolotd foromchild ordrop fft and. { pick-up. ' 4, The circular driveway is not to be used by parents or faculty. i ALTERNATIVES 1 Approve petition i ' , Approve petition with additional conditions , 2 3. Postpone consideration 4. Deny petition ATTACHMENTS { 1. Location map y 2. site Plan 3, Description of processes and activities 4, Letter to Plannn rDepartment 5. Letter of Decla and Zoning Commission Meeting of b~ July lot 1991~e Planning , 7 3497k i { ON 1) I ATTACHMENT 1 1 i Z 91-010 Community School NORTH w a ~Lj c CRESENT co caRLroN I w o DE i z LINDEN 17 co Af Lin { F S , 8R0 J I E14 l~_J PANT Ll o CROW SENA g CON- ORESS SCRIPTURE ° W OUSTON PL. I ITY y w C7 a W. OAK = W1 ' U w. HICKORY m 5TEl.LA O MULBERRY w a w =XHAFILOTW SYCAMORE > i EDWARDS Y a LOUISE ¢ - ENT CHESTNUT Lr_r.J DATE; 6126161 SCALE; NONE i i1 I, r 1 j ATTACHMENT 2 0 r ~ N y m = a m t A n W PI • 3 rN it • O ~ n N ^ A w L O O C A 1' u a ~ _ n X t j &U-L 40u, M , i If ~i y SCI r r 2. 1. XW41 ATTACHMENT 3 4 i 1 ; CONL'JITX SCHOOL description of all processes and activities, We will provide a Montessori-based curriculum for under fifty (50) children, aged two to eight years. School hours would be 8130am-3115pm, Monday through Friday, with some children remaniag until parent ` pick-up before 6t00pm6 Parent traffic will be routed from t;ttor Sto to St. David Church parking lot for child drop-off and pick-up. ghildren will recess before and after lunch in the area behind the building which will be completely enfenced. Children will be required to bring their own lunches. 4 ~ J I i i i 3. i i v , .ru^tx t ATTACHMENT 4 COMMUNITY SCHOOL. 2046 Scripture Denton, Texas 76201 i F We held a neighborhood meeting on Xay 15th to introduce our project. Our goal was to im4orm everyone of our plans and to answer any concerns or questions. Six (6) neighbors joined us that afternoon, W discussed our plans and our intention to be good neighbors. Most questions concerned traffic on Scripture Street and parking. Mro Payne seemed satisfied when he found out the children will be arriving, and leaving from the parking lot to the north (St. David Church lot). All of our neighbors attending were supportive about our plans and did not feel that the school would distract from the area. (They all exspressed joy that it was not another fraternity.) ATTENDING t Mr, and t rs. Felts (II.Es adjacent lot) I•tr. ,M# L* Payne S. lot on Sripture) Mrs. Spear adjacent lot corner factor/Scripture s Mrs. Jones (adjacent lot Wast } Mrs. Jones' neighbor s. Four (4) other neighbors gave us positive enco,xrnrament by phone for our plan including: ' Mrs. Moyr Mrs. Jeannie :Morrison Mrs. Kurris 4' i44 TM , - : i ` May 15, 1991 Dear Neighbor, t We are three teachers who are interested in establishing a small I school in your neighborhood at 2046 Scripture (St. David's III Educational Building,) we y:lil provide a Montessori-based l curriculum for under f.'ty children, aged two to eight years. { School hours would be 8:30am-3:15pm, Monday through Friday, with l some-children remalnJzg until parent pick-up before 6:00pm. We plan to restore the building, rejuvenate and beautify the t"1 landscaping, and generally revive the house to the point of pride and respect that it once held in the neighborhood. We anticipate that you will have some questions and concerns that we want to address, so we are inviting all neighbors within two hundred feet of the projected school sight to join us for refreshments and discussion at 4:pm, Sunday, May 19, in the back- yard of the house. i Thank you for your thoughts and input. We will try our best to be considerate, neighbors and, hoperully, gain your support for ' 1 this needed project. See you Sunday, John Plevock, Linda Lavender, d Eva Hunter -5. I HR?4lYY rtara'cYr~{r' r p p ~j AT`CACHMENT 5 OO$ 2 I,I o s!I; Il : f SkIN~~4r~D OF WALES EPISCOPAL CHURCH ti i t C 623 ECTOR STREET DENTON+ TFUS 76201 REc Deciaration of Frank Robbins Restriction Planning Department, City of Denton 215 E. McKinney Street Denton, Texas 76201 C Dear Mr, Robbins: This is to inform you that Saint David's Episcopal Church has leased Community School 16 parking spaces as required by the City of Denton for their exclusive use, These spaces are in excess of the 42 spaces required by the I church. This parking agreement shall be in effect as long as Community School holds the lease for the property at 2046 Scripture Street and/or there is a specific 'Jae Permit in effect for said property, Sincerely, Avows Edward A. Touraine Senior Warden ti FAT:l j e i STATE OF TEXAS } COUNTY 0? DENTON i This instrument was acknowledged before me this 10 day 1 of June 1991. E Notar tary Ell Pub11c ison m al fv Is, grsa of fill$ Cnda LV448FIV14141604UNOA ELL19M, MOM' hb* ~onrNxfon My Commission Expirest 03/21/92 txgia~ 0311.92 tlYUUeiy,iiis*21-02 d 6. I 21i4'F fag tt~'k'27 i r ' r4;; il1RlICeS July 10, 1991 Page 4 be asredone, real but is a 35 acre Lta sleedsd to it Gibralter. It obviously It was a screwball zoning. large discounters look at It. s such that h has had SomelaCe) but the configuratLon wae types of users Sam's type ofbe worked in there. Those Also, in it couldn't end up at this ints there nwill be s will eventually o anion he doubts property i his Professional op taxes when the In the real estate reduction iveeGommends downzoned, He does not see an economic incent Recommendation: Ms. Peshari stated that staf f r approval of Z-91.007. discussed the r i d. that he h1 Rebuttal: Mr. Niederauer state o and did not know with Mr, Reynolds several Weeks hg, He does until Mr. Reynolds case their oppo sition is opposition. rez will in that the rezoning l understand why there , saying that there contradictaffect sthe tax base and then taxes for adversely not be a reduction of property the neighbors will probably will give pro arty E property, This downzoning of the P ; eventual development ain. If the the some psay on the be rezoned ag for will ultin the property could be b sold That se. zoning e remains the same, trailer u The is preferred, further expansion of tFe neighbor th CEacturing { o_ te r . Mr. 21Ef received not be the type business may no with a artnTr. E mobile home saWhen he Split ruPen trailer sales. The this property contract on the There are lie inherited thcouple of more years to run' ses in too cut-out tract Of tan a between his contract has a Besides the plot downzoned• nt. tones busines being property. They are is vac ' troller sales the rest of the property Chairperson Brock closed the public hearing. to recommend approval of z-91-047• Li i Mr, Appleton moved Hr. Engelbrecht. i Motion was seconded by ort the motion because uPP values will be { Mr. Kamman statunderstand will spropertibors will have a j how he does not reduced. The argument that the neig voice in the future development of this tract makes sense. o arty was zoned i in place. Thls rezoning E My, Brack stated d that at the time this pr P were not ortunity for them to be implemented. entranceway Policies will give an oPP ; 5.0}, , motion carried unanimously { and consider a specific ublic hearing north side of - Ill. Z-9h-410 Hold a ro arty located on he at Use permit on Plately 100 feet WestrtvaC c stor choolC4et, Scripture aPp 2046 Scripture for the purpose of a p 7. r~ YA. . PHi ikYJi7 i}"Yh.iYL Pt,L ~1►nutes July l0, 1991. Page 5 s Mr. Kamman left the meeting due to a conflict of interest. j sixteen notices were sent to property owners within 200' of the site; two were ived back In favor of the petition and two were opposed, Staff report: Ms. Feshari presented the staff report (attached). She said that the house is located south of has location used by fraternity nchurch fne the church time. More arecently the storage. Mr. Appleton asked if the Weathertrol development was required to have a gate on their private drive, Ms. Feshari said that a gate was shown on their site plan. j 609 W. Oak, stated that a 1 Petitioner: Linda Lavender, group of teachers has come together with the goal of ! having a small Montcooperative dwithothem. The location Church has been very in. is a beautiful, historic home for the kids i had s t sent out f Before the City sent out notices, i owners. The response notices to the adjacent property that was basically positive noth going ne g ltoorbe wlocatingpthere. was another fraternity Mr. Payne was concerned about traffic. They plan to use i the parking lot at St. David's to take the traffic off of Scripture. Ms. Spear was concerned about noise, They explained to her that the only time the kids will be A small amount of outside is between 11:30 and 1130. noise is usually okay during those hours. There are trees and shrubs that will mitigate the noise, The f neighbor's whose kitchen overlooks the playground has no objection to the school. They play. to tea,n the kids to have respect, This will be a good environment for kids. Ms. Brock asked how long tho agreement with St. David's j is for. ; Ms. Lavender said that it is for five years, The adjacent neighbors have been positive. Ms. Brock said that the Jane Marshall School was located i they Bonnie were asked f if Mime Latime vender knew howm lvoed to Brae, .She David's there. Ms. Lavender said that she is not sure. She thinks it was at least two terms. Ms. Brock asked about the opening in the fence between the house and the church, 8. r s JAI 2 _ i ` f~'}+~i.Mf=~ap.,' ,r : ; S_ 1 Y• Y .t:.4, ~ ~ + 1',x``31 t ~'t:~'A'4.F l; ~ "9 ~ ~ ~ , f Pill ' ' ~ F' - . ~ .c:V .:-'C;:..k1 t..z-i;~a D;.iti 11 ~ 3i'G . 11k1'L.p7.n. /1f1J'1MFY ~.lz` ' ,"Y`SNe;' ~ y . ;s v aEV4.k'~iAC.+7J:~..:.ucir~Y+1k•.~`I..d k d ws-•w.r.mL i7.---:.b.ids.3+iii:.°alk 1 •a ' r 3" - 1N3WIUMO , 'R. 103W013n30 9 ONiNNYU. G z lot. "o fr ` r i r f r k ' v . CHURCH 'ARKWO I,OT ST. DAVID'S IEPI~COPAL CHURCH s . NOO& ~~aurNb Y4 b"chaln link f nce gate A* ! co' tctVR v 3 r~~ I p PROPOSED SITE OF THE COMMUNITY SCHOOL ' ',k~Yl✓t ~ ~ 1 .3 y a i .r 2046 SCRIPTURE of LOT 2 BLOCK 4031 f ; 6r,01 u a r TONED SF IO i e p~1ia it ~s C ' I.3 ACv f Tract 35A~1~ zf It ohcv AT001V 0 a N. SF r o ~,,ax ' i r7 + -OW C f y D L' a F r ' } `0 h 3 T SCALE: 1" ='r20't 3 4 : v• f ~F r y!? s ~ ,I 1 r r. lot. ( i r Y, t;. i GOMMl~1N y. SG N0o1 rLb ; 1 K 2 of t r 1 ~ z. j 10 66 ¢A, tp SrGN w ~ nRo9D~ ~I Cat r1IIStrna Si5Mt) _r 6GtIPTVRE S1!!C j Y t G~ r rJ ~c 7 f E t L -1 1 F r i 1 , _ Ys- - i ► q1 - I ~ 1 ~ ' 11 41 k ~ y~ 1 1{ 1 1 1 i 4 R M ~4 i r 'Y C. j~ ~I _j - t ei y:Y i y `Y _ s ...+,~~~'f:r„s::-' iti'AYattititY.s~SI''.;cw r.7Jfi 3n1~i':15121+.{i~i~"iC~'.Nw3:~la9ofdN!z~~:.7 ~~iy?:c;.9.+sa.r;:i.'.U':~kc~aii'tSYC'IL`1t~..3r`.ei'~~~SS~ •i ;•;c ~s '~~~.LCWC~/~:dYiG n:iL \~Y!~ !a~}~:~,+!!3aV'i r" _ A y . _ - DALpWTCRTY LPOSEY PRO=r , asp. AOW k J ~ J _ I 1a 2 1 u i VICHTY WAP d + $CAL J' • 2000' ~Av , &A, ;j i~ { P -bra J f i i!' I _y nR~ / / J A t i' A Ne i "ZONED ~y \ ~ l r 4_ 8,90,500 /C - ~ c • i u~ 3 AND OUrrfJf ENTAAAKf As i W ~ nA~ 'nesExnl ~s'D , / r CON METE CLMm A!D PJTT''N I ~ 1 ~ LOT 2 LOT 3 CO ti ~ y y o? y ZONED CpkMERCI L d ~ AL NOT, y i~ FORPUXK A£ GG£RO~T NT`Sl Sif PPM GLCENNTER ~T~10lVO BLOCK II I !Mu 3 SHALL APPLY AS APPLICABLE TO TN~ REPLA>J LOT 1 , p t o to to ~o a eo ioo r30 too i r GRAPHIC SCALE Feel 1 OWN Scale 4 7.16.91 f?£VIS£ LOT SIM. J,A*Ce I " = ; MIN M,%,)) CKa 10011 DATE REVISIONS BY 5-24- . H~,~ ~ A. I j n~ I ~ I s. i a a. P&7 Minutes July 10, 1991 Page 6 Ms, Lavender said that it is for Mr, Leroy, the cwillhbe caretaker, wwhoaneeds McccLeroyodoethe s use the circular drive putting up g and needs access to his houshe wsalid that tthey swill structure behind the school, i, train parents not to use the drive. They will keep the front door to use kthesfrontre itiiwillebeofastertfor them tto parents use the rear entrance, Mr, Engelbrecht noted that the school has bheoew all tted ere will he ndaoutyfilled up, I 16 parking spaces. tiinha III i parents be able to ge Ms. Lavender said that there will only beTthre teachers and no more than a2-3 ny visitors iat a sitingmthe school at one time. haThetparkingnwouldeopmostly be used for open house in G the evening or some event like that. There would still i be plenty of room for cars to atet©x hrtlyyhtheesame. timet ac. It everyone lso more of a stream. school Mr. Engelbrecht asked the parentsedfromndroppingboff school hours will prevent children earlier than 8:30., Ms. Feshari said that the time can be changed in the condition. a Ms, Lavender said that 7:30 is the earliest anyone would be there. Mr. Glasscock asked if they are going to buy the buildlr, Ms. Lavender said no. They are leasing it from St. David's. St. David's bought the house to put in their master plan. Mr. Glasscock said that he is concerned about traffic on Scripture. Lavender s Itd that haSena ndles private Theirnemain Ms. the church. concern is for the children's safety. I F Mr. En elbracht suggested putting a gate on the eastern traffic and side of the circular drive to prevent through to allow Mr. Leroy access t hacks home# ofParentts drive the probably find having inconvenient. 9. 4 I Y16I PF,~ Minutes July 10, 1991 Page 7 1 Ms. Brock asked about the long range plans of the church for the property. I Ms, Lavender said that their plans are not official but they may take In part of the structure for expansion of the church. They will hr,ve to see what the church wants to do in five years Mr. Engelbrecht asked what they will do if there is pressure to expand the school In two or three years. Ms. Lavender said that they have committed themselves to So children. They would just have a waiting list. If ' there is enough pressure In five years they might could build a larger school. In favor: John Plevock, 1302 Austin, stated that the erson whose home is in the back yard has done day-care in their home. She was thrilled about the school. Eva Hunter stated that she is one of the respective I teachers, The school's busy hours are the slack hours i for the church. The church is essentially empty excapt for one full-time employee. That will solve the conflict for spaces but it is a large lot anyway, They will rarely have over 2 parents at the school at one time. E The parking lot Is spacious, Even when the church has had services there was plenty of space left over, I , Bob Martin 1201 Thomas, stated that one of his children will be going to the school in the fall, It will be Very convenient. His other children may possibly attend In the future as well. Since he has lived in Denton, the building that will house this school has not been in the i best of shape. That has visibly changed In the last fe+d weeks, Instead of this building rotting, it can be alive with children. Opposed-, no one was present to oppose the petition, ` Recommendation-, Ms. Feshari stated that staff recommends approval of Z-91.010 with the following conditions; 1. The enrollment at any given time shall not exceed fifty (50) students, 2. School hours shall be 700 a,m. to b p.m., Monday - Friday. 3, Parent traffic will be routed from Ector Street to St. David's church parking lot for child drop-off and pick-up. LQ, i 1 1 iit:~iit P4Z Minutes E July 10, 1991 Page 8 4. In accordance with fire regulations, a gate shall be located on either side of the circular driveway and shall remain locked unless emergency access is warranted. Mr. Clark stated that the gates on the driveway are a matter of design versus enforcement. If the Commission feels confident that enforcement will keep the driveway From being used, then the gates can be omitted, Many 1 ` times the City chooses the option that doesn't need enforcement, but the Commission does have an option, Ms, Brock asked if more traffic is going to be a problem, Mr. Clark stated that a residential street Is supposed to handle a few thousand cars a day. Scripture can handle the additional traffic. Ms, Brock asked if there will be any visibility problems, Mr, Clark said that there was not a problem when the Jane The Marshall School was located at the church. visibility is usually worse in the summer because of bushes, The new tenants may trim the trees and bushes, The situation Is not perfect but it is okay. Mr. Engelbrecht asked if a school zone is needed. f` Mr. Clark stated that he recommends that there not be a school zone in front of every little school. People quit paying attention to them. The school traffic will be on k Ector and a zone is not needed on Scripture. Mr, En elbrecht asked If there should be a condition added tat a school zone is not permitted, Mr, Clark said that it is up to the Commission. If the 3 Commission really wants the driveway to be closed, then it could be torn out. A gate is the next best option to i t keep the driveway closed. If there is a person that is j ( going to be using the driveway, it is really not a good i idea for that person to have to get out and open a gate, Mr, Glasscock said that gates are unattractive. If it is not necessary, they shouldn't be used. He would like to try doing without them at first. S t Mr, Appleton asked what could be done if there are no gates and enforcement is not working. ! Ms, Feshari said that the City can initiate a SUP amendment to got gates erected. It would not be a problem for staff. 1 t IA ",,III I V „N..r ii PF,Z Minutes July 10, 1991 Page 9 3 Mr, Robbins said that there needs to be a condition that the driveway not be used by the school. if someone complains that it is being used, it would be a zoning violation and the SUP coulu be revoked or brought back f for further conditions, The applicant can construct a gate or use necessary measures to avoid violation of the condition, Mr, Engelbrecht said that the neighborhood is residential. They a prevent with the The City should t 1 Ms. Brock said that gates are an eyesore, They will detract from the school's residential look, Mr, Engelbrecht asked how many months per year the school will be open, i Ms, Lavender said that it will be open 175 days, They one well, or two They two-week campSave a may full have They might do as 4 f Mr, Engelbrecht asked Ms. Lavender is she foresees the need for a school zone. Ms. Lavender said no because the will be using Ector Street instead of Scripture as the drop Chairperson Brock closed the public hearing. She that the house is an anomaly, It has been a problem in l the past. When she moved to Denton in the fifties she t thought it was a pretty house. It was controversial because the neighbors didn't want it used for i fraternities. The house has been neglected in recent years and it should be preserved, It has been cleaned up recently, Mr, Appleton :Mated that he thinks the school is a good t use for the property, He does not want to require gates. Enforcement should be used. If things don't fall into place, the SUP can be amended. He moved to recooimend approval of Z-91.010 with the following conditions. I. The enrollment at any given time shall not exceed fifty (50) students, 2. school hours shall be 7;30 am,m. to 6 p,m:, Monday - Friday. 3, Parent t. David's traffic church will be parking routed lot for o child o drop-off s S and pick-up. 12, f i s P 4 Z Minutes July 10, 1991 Page 10 i 4. The circular drive is not to be used by parents or faculty. Motion was seconded by Mr. Glasscock and unanimously carried (4-0). Mr, Kamman returned to the meeting. IV. Consider the abandonment of a portion of Mayhill Road near 1-35B. Mr. Clark stated that the old alignment of Mayhill Road was off-set from 1-35. When Southern Hills was planned, a new route was established. Mr. Morris has advised that since the City has accepted use of the road and It is used by traffic, then the other portions should be abandoned. The portion to be abandoned will be split between the three adjacent property owners. The present configuration keeps the property off the tax rolls and keeps the adjacent properties chopped up. All utilities have been removed. Staff still wants to have the right turn lane fixed. It is too sharp for semis and trucks. The rest of the road is tine, k It was moved by Mr. Kamman, seconded by Mr. Appleton, and 1 unanimously carried (5-0) to recommend approval of the abandonment of a portion of Mayhill Road. i V.- Hold a public hearing and consider an ordinance amending the Subdivision and Land Development Ordinance to enable the Citizen's Traffic Safety Support Commission (CT$SC) to make a final determination concerning an appeal from a Development Review Committee decision concerning driveways and parking lots. Mr, Clark said that the Commission has seen some attempts to streamline processes. Driveways and curb cuts come up a lot. They are technical issues. The CTSSC is familiar with with these issues, It is frustrating for them to only get to make a recommendation. The developers complain of all the different groups that they have to go through. Giving final approval to the Traffic Sa.fety_ Commission would also ease the Planning and Zoning Commission's workload, The staff is recommending this change. It is a positive step. Driveways and curb cuts do not control land use, Normally, if the CTSSC denies a case, it is not appealed further. Ms, Brock asked if the Development Review Committee considers planning issues relating to driveways. 13, I t 1y a~ 140. W r 97\wpdOC5:2Q1~~~0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL LOCATED ON THE NORTH SIDE OF SCRIPTURE STREET APPROXIMATELY 100 FEET WEST OF ECTOR STREETI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERE- OF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5 4 ~TION I. That, pursuant- to the provisions of Division IV of Chapter 35 of the Code of Ordinances, a specific use permit for a private sohool Is granted for the property located on the north side of Scripture Street, approximately 100 feet west of Ector street, as is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. SECTION II. That the property shall be developed, used, and maintained i.n accordance with the site plan shown in Exhibit B attached hereto and incorporated herein by reference, and such ' } development and use shall be subject to the following conditionsi 1. The enrollment at any given time shall not exceed fifty (50) students. 2. School hours shall be 7%30 a.m. to 6;00 p.m., Monday through Friday. 3. School. traffic will be routed from Ector Street to the parking lot of St. David's Episcopal. Church for child drop- off and pick-up. 4. School faculty members and "•;e parents of school students shall not use, the circular drive for vehicular access. 1 aECTION II, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000,00. Eaoh day that a provision of this ordinance is violated 4 shall constitute a separate and distinct offense. SECTION III. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary i is hereby directed to cause the caption of this ordinance to bo published twice in the Denton Record-Chronicle, the official news,- paper of the city of Denton, Texas, within tan (10) days of the date of its passage. PASSED AND APPROVED this the day of - 1991, BOB CASTLEBERRY, MAYOR `Y.e. III it i ATTEST; JENNIFER WALTERS, CITY SECRETARY ti BYs APPROVED AS TO LEGAL FOM DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: i i I i Page 2 i r `fr r Exhibit A I 1 i Legal description of 2046 Scriptural Denton, TX '14ie land is situated in the City and County of Denton, State of Texas, a part of the Robert Boaumont Survey, Abstract No. 31, patented on the 31st day of March, 1857, Patent No 735, Volume 12, and a part of a tract of land conveyed by Kenneth Graver ! et ux to R. M. Suddath and Wife, Gladys Suddath, by deed recorded in Hook 344, page 496 of the D:-ed Records of Denton County, Texas, and more particularly described by metes and bounds as follot~s, towiti F3.WINNSN3 at the aouthwe~t corner of said lot conveyed by Kenneth Craver and said wife, to R. M. suddath and wife, same being a point in the north line of Scripture ~ i Street) InIEJCE North with the west line of said tract 26U feet, a corner) s f II ~ THENCE East 220,2 feet, a corner in the west line of a lot conveyed by R. M. Suddath and wife, Gladis Suddath, to Ray V. Hunt and wife, Clarice e, Hunt, by deed recorded in Book 359, page 159 of the Deed Records of Denton County, Texas) q TUMCE South with the west line of said Hunt lot 260 feet, a corner in the north line r of Scripture Street) THENCE West 220.2 feet to the place of beginning. f r z n f s k 1 1 CITY COUNCIL REPORT FORMAT 1 TO: Mayor and Members of the City Council i FROM; Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Dentex Title Co, I RECOMMENDATION; Application The ax Department has mailed an overpayment letter and an App for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends, SUMMARY: of Chapter 31.11 oT the Texas Property Tax Code requires tho approval the governing body of the taxing unit for refunds in excess of $ 500.00, ; Dentex Title Co, has requested a refund in the amount of $ 558.07 because the made duplicate payment on City Account N 22411, BACkR is once by of dtheir Taxes entex were paid twice Dontex Title account, by D ~ overpayment%. PROGRAM48 DEPARTMENTS OR GROUT'S AFFECTED The Tax Department and the tax account of Howard R. Watt FISCAL IMPACT; $ 558,07 RES4yo,r Y SUBMIT EDI G ure CityManager { Prepared by: Y ama Vic Scljneidor Title Tax Technician s Approved: alne i t Jeon i 11, 3 aasurer i I t, ew. rrep«H Tex go" APPLICATION FOR TAX REFUND y MhMd AppNaMen it11(Ili» Collecting Office- Name ' ' Colieoting'iax For. C(Taxing Unto Address City, State, Zip Code .....r 1111.~r- wwww.-rrwrrr.~n.w.ww•~w~rrrr.rrw_______ i In order to apply for a tax refund, the following information must be provided by the taxpayer, IOSNTIFICATIO OF PROP! TY OWNER: l Name; _ d W E W~7 - Address: f U1/e r^ ~L G v 17-0 e Telephone Number (If additional Information Is needed): j IDENTIFICATION OF PROPERTYs od, ~11 f-d / l V C/l N,140 I Oetorlptlon of Propertyt y: ' ■ Address or Location of Property: Account Number of Property or Tax Reoolpt Number INFORMATION ON PAYMENT OF TAXEIN Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Rsquesbd A4 i 40~ 19 Ze2-131 19,70 1111 3. fA _ - / 1g $ Tsxpaysr's reason for refund (atisoh supportinq documentatioCn►: .r : j A wc4' f 7/ acv}/' POP j, CO l,x reap 1-i '^n cal Y'G'1-Vh l C( ~E'-Ydc7!✓hi.4&1, "I hereby apply fort s refund of the aboveelesaribed taxes and certify that the Information I have given on thl fo m Is true d correct" C RClt_I ~S~i is!C~S DFMrR ?-UTL5 signature ph ,,?to 01 pilcatlon for Tax Refund r r/w.w~r.r.a.rrrrr rrrrrrrr w.VrTri✓J~~r{.5'.iL rrrrr....rrrrrw,.rrrrrr wry DETERMINATION FOR TAX REFUNOs Approval -.Disapproval Signature of Authorixed Officer Date Signature of Presiding Officer(s) of Taxing Dab Unit(s) for refund oppllcations over $500 Amy pereenwho "ass folsseahyupontMbregcMprecordshahbssul>)selteensofUnefeltswMlypernaltarq 1. h prlowww1of net mete than 10 years net Is" than 2 years and/a a fine of moll more than $6,000 or both such One and Imprisonment 2. eonOno"Wo In )ow for a term up to 1 year or a One nef to exceed 12,000 a"weh One and W*r%60MM as sal forth In raetlon 81,10, Penal Cede. NNW 31,11 s,. 1 t ' 1 i ~ 0-24 2-WetC to c l` ~ " PAw , ANC`? „ 0 0 5 5 7 k DENTEX TITLE C ESCp~RpO~W AMOUNT fl,;,, 1 0/ 3 1/ 9 9 I 1118W1' •101 DAN TX ?WI uauwS 558.07 . to THE Oro$" OY pw PAR, +r ~00Mx TMK 00,1 M10, • j!qc W A0000W OLNTON CITY TAX ON 1: NOY 0 e ' Fri11ME"IN mm VATt IM►NC ~nsn~nnltEZ"s P.O. IOM i0c r 4+ E M WON, Tom MCI is 1. 1191,74 zt; x'04 1397 1n" ~~'tl00p05~a8d7~ I' k000055~4 . 1 F ~ kL t4:'-Tti 1 i , i , 1 f I . 1 , IT, ss~ 1 ~'~~11,~1 ~,111IF,~1~11'1; 1;aI1~'~,I„11~;,,~,ia~~;~~) k,14( '~~R,?.. ~ ~ i " ' `i i Y iWi ! t!i 1 lq) i~ } ; 'f• 9G 1, ~'y14 ~ ~ ~ ~ i ~ ~ E , , 1 E IV, 0 l i I, ' slow p ff REPORT Ft OR05UW 07/18/91 AT I8115 0 V E R P A Y M E N T S - PAGE I' ACCOUNT NO* RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 34314 00000 90!03!12^0293 MARTIN, R D BONNIE BRAE ST 1.147.25 OVERPAY ' 24749000000 90/03/13-0761 TEAGUE, EDITH A E MCKINNF.Y ST 42.09 OVERPAY 29756000000 90/03/17-0873 IILACK, JOHN 1. E OAK ST 96.07 OVERPAY 32903000000 90/03/18-0419 UENTON, CITY OF E HICKORY ST 119061•t4 OVERPAY ` IE934000000 90/03/18-04Z1 DENTON, CITY OF E. HICKORY ST 434672 OVERPAY 21968000000 90/03/21-0169 DARNEY7 WILLIAM K 6666 OVERPAY 1033020000 90/03/27-0022 STEM. DANIEL 0 M WINDSOR ST 51.49 OVERPAY 24,671000000 90/03/27-0426 FLOWERS, R JEFFREY JACQUELINE DR 395.05 OVERPAY ' 387000000 90/03/27.0668 MCLAUGHLIN. ROBERT'A - GARS CT 324#75 OVERPAY 31261000000 90/03/27-0753 ROSE, RONALD E SUNNYDALE LN 130.84 OVERPAY 34894000000 y0 3/27-1010 GREAT WESTERN BANK FRY -323 ST 634.96 OVERPAY 81510000060 90 3/2T-1164 FEDERAL HOME LOAN MTO CORP GAROENVIEW CIA 221.03 OVERPAY III good" ftftj& 06 A r HOWARD r y,.. W A E TITAN CLOVER LN~,~ 52§. OVERPAY 12050600000 90/04/02-1433 FIRST STATE BANK OF DENTON OAK FORREST Cl 199.15 OVERPAY J1652000009'90/04/03~0436 WRTGHTI EDWIN E JA DENISON ST 9*00'OVERPAY 1048410000 90/04/07-0019 TRIPP. BOB E EVERS PKWY 2.00 OVERPAY 999090000000 99o004/07-0312 GOLDEN GATE MGMT 115.21 OVERPAY 26294000000 90/04/08-0018 TER RAY CO MOHICAN ST 20:30 OVERPAY '7 _'2~q8 p0000090/04/06-9127 TIMMON3 STEPHEN V SIERRA DR 0OVERPAY 3169Rg00000 90/04/08-0128 CREED. ADAM AUTUMN OAK DR 3+2.51 OVERPAY 2323000000 90/04/08-013t MURPHY. RAY BOB-0-LINK LN 260.15 OVERPAY •604Q000000 90 4708-0280 SPRINGER, JOHN J MISTYW000 LN 224623 OVERPAY 30124 0000 90/04/09-0281 DAY. BONNIE G - - E14ERSON LN '59.Is DVEPPAY 227720000000 90104/08- 416 MCKINNEV, WALTER R TOMLEE ST 4600 OVERPAY 24010000000 90/04/00-0490 BEHRENS, ARTHUR CHARLES NORTHRIDGE ST 300600 OVERPAY 21554600,0000 90/04/D8-0688 BROWNSTED• LINDA L TINDER42REEN CI 300600 OVERPAY 7~-fr 99QQ0000 90/04/00.0619 KEASLER. RAYMOND L SOUTHRIDGE OR Z0404 OVERPAY lI177113 5u010o00~010 90/1004/08-80653 RORTNEMI LORN S SAVANNAH TA 29687 OVERPAY '342000009 988/04/08- 690 WOLSKI, EDWARD F 4C:'1,OALUPE PL 4630 OVERPAY 8$95000000 9 /04/08-0710 BARROW. J H JR SAN GABRIEL OR 30.00 OVERPAY 29017000000 90/04/0840736 KLEMMER6 ROBERT J DEL DP 20.00 OVERPAY 29773000000 90/04/08-0822 TIMS, JOSEPH L JA PAISLEY ST 38.47 OVERPAY 32 6400opp0 90/04/08-1016 FIRST STATE BANK OF DENTON FULTON ST 419647 OVERPAY I 39664008000 90/04/09-1017 FIRST STATE BANK OF DENTON FULTON ST 28'3663 OVERPAY 0 99/04/08+1035 FIRST STATE BANK OF DENTON "OLIVER ST 63196 OVERPAY T 374 0 74 OQQgg000 90/04/08-1037 FIRST STATE BANK OF DENTON BOLIVER ST t90.19 OVERPAY :,7472 00000 90/04/10.0027 DAMS. BERT E KAYEW000 OR 1.00 OVERPAY 3;" 0 000 90/04/14.0246 SNIDER, SHARLA L BRITTANY DR 371 .09 OVERPAY 20413 0000 0 980/84/14.0380 WALTEPSCHEIDi SYEPMEN J BERNARD ST tt 2000 OVERPAY 793O~ 0000000 90/004/`30-0012 FAPPMRRSPGRN£ACHANTSISTATE BANK VIRGINIAKSTTS 986#44 OVEE'RPAY + -___.Zlr2SOD0 QQ¢0 y0/04/31~0395 STEMi DANIEL O MANHATTAN OR 11401 OVORRAY 2$90 $000 96/04/31-03.6 BROVN6 JIMMY 0 PANHANOLB ST 663.12 OVERPAY 2645 00 000 90/05/04-0109 JUDY, MAX E N LOCUST -1423 9.00 OVERPAY y 2601q2000000 90/05/05-0060 HARPOOL OAK PROPERTY E MCKINNEY ST 9.98 OVERPAY 10620800000 90/0 5/05-0135 SPENCER-LOOP 288 tOENTOHI LTD 427404 QYERPAY b i r 1 i i I . n.neC.yr JY eN Ni ~if[J M.♦-~_a.... 1 1 i. y~s.•.,, 1 i V ! CITY COUNCIL REPORT FORMAT i Tp, Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Waiver of Penalty and Interest on the tax account of Dennis T. Riney 39239) RECOMMENDATION: The Tax Technician, after reviewing the Texas Property Tax Code and • checking with the Property Tax Board in Austin, recommends the waiver 1 I of the Penalty and Interest on this tax account. SUMMARY: { The Penalty and Interest may be waived by the governing body of a } taxing unit under certain conditions. (Soo attached section of the Texas Property Tax Code.) BACKGROUND: r, nay's name was deleted from the list of taxpayers who received notices that the second half ofRtheympldid itnotyre t wastdue, A coandter error caused the problem. Mr, not pay on time, but he did pay within 21 days. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED; the Tax Department and the tax account of Dennis T. Riney FISCAL I,mncj : $ 78.66 zyt Y8 BM T ED: cre City Man ager Prepared by: ame Vic Schneider 1 l Title Tax Technician ` i Approved; } ame Ila Jefferson Title T urer 26jjC/3 j i 1 Gx' " Z d p, as 1 ? Sec, 33.011. Waiver of Penalties and Interest, The governing ' body of a taxing unit may provide for the waiver of penalties and in- terest on a delinquent tax if an act or omission of an officer, employ- ee, or agent of the taxing unit or the appraisal district in which the taxing unit participates caused or resulted in the taxpayer's failure to pay the tax before delinquency and if the tax to paid within 21 days after the taxpayer knows or should know of the delinquency, Added by 1986 Tex. Laws, p. 9503, ch.169, Sec, 1; amended by HB 432, 71st Leg., ? 1989, eff June 15, 1989. Crees Referenceet Legislature has no power to authorize taxing unit to extinguish liability, see art, 111, Sec, 56, Tax, Const. Penalty and interest accrual, see Sac. 3301. Note? Impositions made for daiirquuncy for failure to pay taxes, whether these lmpo. i sidons are denominsVA "penaitie," "interest," or "forfeitures,' ov wheth fos r* scribed without definition or name, am all in reality penalties imposed dt. l linquency that are not part of the tax proper ■nd thus subject to legislative i { control and remittance, Jones v, Williams, 45 8,W.2d 130 (Tax, 1931). I Where school board reftmdd to waive penalties and interest, taxpayer had no claim for refund under Sea 31.01. Even if penalty and interest was illegally so- sewed, the voluntary payment rule barred right to refund. Sheldon v, Jasper { Independent School INetrict,168 8,W,2d 884 (Tex.App.-Beaurrwnt 1989). 1 j I I 1 { 8 1 i i E i i y~ \.1v ~ fa~iHz• 1 DATEi 08/06/91 CITY COUNCIL REPORT , T0: Mayor and Members of City Council fI FROM: Lloyd V. Harrell, City Manager SUBJECTI PRELIMINARY REPLAT OF LOT 11 BLOCK 1 OF EAGLE POINT SHOPPING CENTER SU30IVISION1 INTO LOTS IA AND 18 RECOMMENDATION: The planning and zoning Commission recommended approval, 7-0, at its F July 24, 1991 meeting. SUMMARYi The 3,729 acre tract is located on the east side of Fort Worth Drive (U.S, Highway 377), opposite Lindsey Street4 currently the site is vaoant, At one point, part of the lot was used residentially, and there were approximately 19 protected trees. Lot IA is proposed as a Braum's Restaurant. Public improvements to support Lot If alone, include (1) the eonstruola on of approximately 92 feet of concrete sidewalk and (2) construction of, or payment in lieu of construction, portions of the turn lane and traffic signal at the corner of Ft, Worth Drive and 4 Lindsey Street. All public improvements for the entire Eagle Point ! subdivision, Lots 1 through 5, will have to be built and accepted j before a Certificate of Occupancy can to issued for any building in ` the subdivision, to inalude buildings on lots IA and 10. j BACKGROUND. 1 City services and facilities, including water, gas, sanitary sewer, telephone, eleotrical, and solid waete, are available or planned for. The existing replat, encompassing 14.270 acres, was approved in May, 1989 and filed in December 1990. The replat conforms to the minimum requirements of Chapter 34 of the Code of Ordinance, the Denton Subdivision and Land Development 1 Regulations. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt ! None I i ' City Council Report Format August b, 1991 1 Page 2 3 FISCAL IMPACT: i N/A I Respeotfu oubmitteds i zie.~ /00 C!xll ` Prepared b}-t--7 Lloyd V are 1 city Ma ager 111 Owen Yoat, ASLA Urban Planner t Appro d~ K nx H. Robbins, AICP Exeautive Director Planning and Development 3454a i { 4 r i i y f tl ATTACHMENT 1 j P 91018 Eagle Point NORTH I 11 l / ~ ~AZI~L I iii tPt~ifu f..a `~~p f.GµM I q .i loco f r rf~ m / SH•.f0 JI f e... ~ JTA J/ ~ wJ !11 1 i Y-- r,N. IIt, %'ifA 1T y F 77 r--`. raw 1 tT4.lf _ L.~ . \IX J l' ir,~...~,~4 1. lA•_ \ /L / ,r SONFtS QgMi[JlfML '4\~ ,h t ` r b ~ LOT J•A $ `>t+:,. ~ ~ / .ter „--eul5 l _ / Lnrww.twnnrwun --')r i LSA'I'a`J 7YPfd:~7.SS^w.w.rt ~ , / LtlY J d i e 1faW'G {nuµrHr'raf ~ ~ i I L~ 1' t PRELIMINARY REPLAT 3 i 1 DAM 7/17101 SOALE, NONE E t;) ,v •3 I I ATTACHMENT 2 i P 91-018 Eagle Point NORTH 5 f TH O~ DAUGHERTY ALEC F LINDSEY AN aRo cI E ~ o~ { NVq 3 { Q m ~ r Q DATE; '1/17/91 SCALE: NONE i 5. J.Rtvi.:s;{ .j 1. i LFjtiM7~ij WAIe•-iiF[ry MINUTES Planning and 'Coning Commission DRAFT July 24, 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held at 5:00 p.m. on Wednesday, July 24, 1991 in the Council Chambers of City Ball, 215 E. McKinney. Present: Roy Appleton 111, Euline Brock, Jim Engelbrecht, Ivan j Glasscock, Judd Holt, William Kamman, and Fran Morgan j Present from Staff: Frank Robbins, Executive Director for j Planning and Development) Owen Yost Urban Planners i Karen Feshari, Urban Planners Jane Hiles, Main Street Managers David Salmon, Engineerings and Olivia Carson, rr Secretary I. t Chairperson Brock called the meeting to order, I 1. Consider the minutes of the following reguiar meetings of } May 22, 1991, June 12, 1991, dune 26, 1991, and E July l0, 1991. It was moved by Mr. Glasscock, seconded by Mr, Engelbrecht and unanimously carried (7-0) to approve the minutes of f' May 22, 1991, 1I Motion was made by M-r, Kamman, seconded by Mr. Appleton, and unanimously carried (7-0). to approve the minutes of June 12, 1991. The Commission Voted (7-0) to approve the minutes of Juue 26, 1991. Mr. Kamman moved to approve the minuted of the regular meeting of July 10, 1991. Motion was seconded by Mt. En "brecht and unanimously carried (7-0). gel IT. Consider the preliminary replat of Lot 1, Block 11 Eagle Point Addition into Lots 1A and 18, Staff Report: Mr. Yost stated that the tract is 729 acres located on the east side of Fort Worth Drive, opp3, Lindsey Street, Public improvements for riot 1 include the construction of approximately 92 feet of concrete sidewalk and construction, or payment in lieu of cons",ruction of portions of the turn lane and traffic signal at the corner of Fort Worth Drive and Lindsey street. 't'hese improvements and all public improvements :oe the relate to Lot 1 only, entire current replat must be built and accepted oL The guaranteed, prior to issuance of a building permit, re lat conforms to the minimum requirements of the Denton subdivision and band Development, Regulations and the Development Review Committee recommends app It was moved by Mr. Holt, seconded by Mr. Glasscock, and unanimously carried (7-0) to recommend approval of the preliminary replat of Lot 1, Block It Eagle Point Addition, i !l . Yet ~s G i i ' 6. f4 2651L-3/3689 NO. I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE { AWARD OF CONTRACTS FOR PUBLIC WORKS OR INPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN E EFFECTIVE DATE. f WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and 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 or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFO,tE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: flfl SECTION I. That the following competitive bids for the T construction o public works or improvements, as described in the "Bid Invitations", "Hid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed accordin to the bid number assigned hereto, are hereby accepted ang approved as being the lowest responsible bids: } BID NUMBER CONTRACTOR AMOUNT 1253 CUQ C0!}lRACfOR3 $596,569.00 } j SECTION II. That the acceptance and approval, of the above compet Y wive bids shall not constitute a oontract between the City I and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice i E T S i t I SECTION 11. That by the acceptance and approval of tho above numbered tems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities j and for the specified sums contained in the Hid Invitations, Hid Proposals, and related documents. SECTION 111. That should the City and persons submitting i approve an accepted items and of the submitted bids wish to enter into a formal written agreement as a reeult- 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 k' the written contract is in accordance with the terms, conditions specifications, standards, quantities and specified sums contained in the B.id Proposal and related bid documents herein approved and accepted'. i SECTION IV. That by the acceptance and approval of the above i numbers ems of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this day of s19y1. j BOB CASTLEBE" Y, MAYOR ATTEST; APPROVED AS TO LEGAL FORK: DEBRA ADAMI DRAYOVTTCKi CITY ATTORNEY BY. i PAGE TWO 1 RRR j DATEs August 6, 1991 1 i ~ S~bTY_SQliNScbL_BEEQHT TOt Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTt DID 01253 - FIRE STATION 06 29 MMY,11RA11211s We recommend this bid be awarded to the lowest bidder, CDC Contractors, in the amount of j $596,569.00. ,3li~h(Agy; This bid is for the construction of Fire Station #6 to be located near the intersection of Lillian Miller Parkway and Teasley Lane. The bane bid is $5470319.00 and the options included arst 1. Deduct $ 1,300.00 - Delete mini blinds on exterior windows for Station #6 2. Add 151648.00 - For, work room, weight room and bunker room for Station 116 3. Add 15,648.00 - For work room, weight room, and bunker room for Station H5 4. Add 20,042.00 - For driveway at Station N5 5. Ded.,t 11590.00 - Delete fire hose storage rack j at Station #6 7. Deduct 1,498.00 - Delete split face block at : masonry walls substitute face briok 8. Add 21300.00 - Delete resilient flooring in kitchen and dining areal add unglazed paver file. Base bid with the reoommended'alternates total $596,569.00, Work is to be completed in 240 calendar days. $AQK48Ql1ARj Tabulation Sheet, Letter from Matrix Consultants dated 6-18-91. E8QQ8AMS~_QEAHTEfiT_QH_A84liPS~6~8E~TEQt Fire Department, Citizens of Denton. i a i . Page 2 of 2 Ei$&64_SM~B~ This project will be funded from bond funds for this specific project. Fire station bond funds availablo $550,000.00 Library bond funds available 60,000.00 o $85tO00.00* 4 Committed to the project sinoo future library facility ' will share parking and utility improvements. E Respeo ully submittedt LIo d V. Harrell { City Manager y, Approvod: 1 Namei Tom D. Shaw, C.P.M. Titles Purchasing Agent TS/dd 172.DOC i 1 i i t 1 i ,Y.•r• 1, 6 I 1 1 1253 1 1 I 1 I I I 1 i i Cam ~ STATION f6 I JOt4 & I STFFLE 6 I CDC ` SW IIWSCRIFS i BJ cam CO EeR FIRE t J 1 FMW ! JUNE 6, 1991 I I I I I I I I i I 1 I 1 ! ! I { VMW VENDOR V i vpmaR I VERD~tt JIM M DE~JCRIYCICN I r f VENDOR I i~_~ f I__ ---1 I 1 1 I ! I I ! f,gg,500.00 1 $6120000.00 ` $547,319.Oo I X622,000.00 i W3r940,00 1 $6091995.00 1 0535,700.00 ! b5o5,520.00 TOTAL 1 3.19 Caf(,hvON ( 270 DAYS ( 240 DAYS I 240 DAYS I 210 DAYS ; 270 DAYS ; 295 DAYS i 300 DAYS i 240 DAYS I 850.00 I -1,800.00 ~ -1,000.00 i -950.00 I 1 1 I 1 4 f -870.00 I -975.00 I -1300.00 i -1 #500.00 I 1 1 I 1 1 20,150.00 ! 200000.00 I 19,916.00 I 2 191080.00 1 21,000.00 1 150648.00 1 25,785.00 i 19,573.00 = I ! ~ I I I 19,680.00 1 23,500.00 I 15,648.00 I 26,930.00 1 22,292.00 200246.00 229000.00 21 ,416,00 'ti f 1 3 4 ! 27,495.00 I 32,685.00 I 20,042.00 ! 32,2C6.00 I 36,035.00 126,985.00 1 31,000.00 1 26,633.00 1 1 I 1 i ,000.00 -1 ,500.0° I ! 1 I ! 10590.00 ! - 1,700.00 I 8,070.00 i ,2,200.00 -2 5 I -2,100.00 ! -500.00 - I I 1 ! 120000.00 1 000.04 6 1 23,750.00 i 23,000.00 I 120613.00 1 259190.00 i 29,520.00 i 25,541.00 23, E i 80750,00 11,000.00 1 1 12,000.Ou 1 I ' , 7 1 70900.00 I 12,500,00 I -1,498.00 i 123,20 00 i 9,360.00 , 20500.00 I 3,450.00 I 2,300.00 2,447.00 ! 3,084.00 1 4,10o.00 l -50000.00 I 40594.00<I I 1 1 ~ I I I 1 I b ~ 1 } t I t, fe;cl::iJ' is✓" t I MEMO #91-036 Tps Mr. R. Svehla, Deputy city Manager YROKS J. L. cook, Jr., Fire Chief DATES 12 June, 1991 RES FIRE STATION SIX Kids were opened by the Purchasing Department on station Six on 6 June, 1991. The apparent low bid is from CDC Contractors of Kennedale, Texas. Assuming they check out properly, T see no apparent reason not to recomrr.end that the low bid be accepted. I recommend the acceptance of the following: Base Bid: $547,319.00 f Alt. No. 1 - 1,300.00 Alt. No. 2 + 15,648.00 Alt. No. 3 + 150648.00 ! Alt. No. 4 + 20,042.00 Alt. No. 5 - 1,590.00 Alt. No. 7 - 1,498.00 g Alt. No. 8 + 2.3tl0.tl0 WWAL $596,569.00 Funding available for the project is $550,000 plus 60-85,064 from the Library for paving and site work. Architectural fops will be $7,000.00 plus reimburseables. 4 f Additional site work, etc has caused this project to be more expensive despite a reduction in the size of the apparatus bay. Therefore, it will be necessary to fund the majority of the equipment and furnishings from either our Station six fund balance or our operational budget. The expenses to do so were provided to you as a budget proposal,sental budget package in our proposed FY 1991-92 j i ~ x await your comments and recommendations on this very important matter. Attachment JLC/eo { °1+ llly +y / l FiYliuf Y ' 3 l SID PROPOSAL ol, ` DATE ; Proposal of , A Corporation organized and existing under+the laws of thQ State of or a Partnership consisting of or an Individual trading as i TO THE CITY OF DENTON DENTONI TEXAS ~ aentlrmer►s The undersigned hereby proposes to furnish all supervision, labor, materials, equipment, tools and necessary accessories for the construction of: Firs Station No. 6 ! Denton, Texas As set by the Specifications and all in strict accordance with the Contract Documents for a tota }uric , ncluding all 7 ide ti fed gricam gX • .,c~? ,~~4 r ......1 i L ` ..7 "L Dollars_ _Td/ 7 3/Y. Figures (Note: Amount shall be shown in both words and figures. In case of discrepancy, the amount in words will govern. This total shall be the same as the total on the Summart Sheet.) Contractor agrtes to reach substantial completion on or before (St 0 calendar days after the date of written notice to proceed. Total base price includes the following line item price for paving identified for line' item pricing: Dollars .Qi.►+~ c~L'...~Lt.++---- (Figures ) t + f SCHEDULE OF ALTERjNAT-rn= (sECTION o1o3o) Alternate No. is Delete "mini-blinds" at all exterior windows as specified. ADD (Circle one) $ 5> r- Alternate No. z: Add workroom, weight room and bunker room at station 6 as shown. g ° DEDDCTAjm~ (circle one) $ 7 Alternate No. 3: Add workroom weight'room and bunker room at Station S, Bonnie View and Windsor Roads, similar to as shown fol}~ion 6l } Alternate No. 4: Add drive at station S, Bonnie View and Windsor Roads, as shown. E DEDUCT (Circle one) s n ~C/ Z, f s Alternate No. S: Delete lire hose storage rack. 0 ADD (circle one) 3~3 Alternate Mg. St Delete split face block at masonry walls i where shown) substitute uncoursed roughly f squared Texas white limestone. Seal limestone as recommended by supplier for condition shown.. m~ Ae (circle One) 9 L S" Alternate No. 7: Delete split face block at masonry walls where shown substitute Crade SW, Type FOS Face Brick, two colors and pattern as selected by Architect. /ADD (circle one) Alterante No. 8: Delete resilient flooring at Kitchen and Dinning where indicated; add unglazed paver tile as specified, ~X/ DEDUCT DD (Circle One) $ 07 G~GY r Rt N~ MINIMIN so" L 1 UNIT Maas s Unit prices for pier depth varying from estimated depth to bearing stratum indicatads 26" piers with casing, add per linear foot. 16" piers without casing, add _ per linear foot. 16" piers with casing, deduct per linear foot. • i 16" piers. without casing, deduct per linear foot. 20" piers with casing, add per linear foot. 20" piers without casing, add per linear foot. 20" piers with casing, deduct per linear toot. 20" piety without casing, deduct per linear foot. 24" piers with casing, add per linear foot. 24" piers without casing, add per linear foot. 24" piers with casing, deduct per linear foot. 24" piers without casing, deduct per linen toot. f; Signature 17 'title/Data j i i Bid Proposal f T- i t. •r4:xtrra!-~ BID BOND Nome Oge CBIC 1213 Valley Street P.O. Box 92Stree 9271 i CONTRACTORS BONDING t220Seattle, i lo9,to9-027r 800) 7M.CB[C 06) 382.9623 nx°°'~ AND INSURANCE COMPANY (2 KNOW ALL MEN BY THESE PRESENTS: That we, CDC CONTRACTORS, 711 1MAGNOLIA* KENNEDALE, TX. 76060 as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation j duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto r CITY OF DENTONr TEXAS. as Obligee, (hereinafter called the "Obligee" in the sum of 5% OF GREATEST AMOUNT BID ; k t nottoexceed TWENTY FIVE THOUSAND AND NQ/100- Dollars r j 2S, 000.00 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind I ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted abid for FIRE STATION 16, NEW CONSTRUCTION _ jj ( I t , j NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a contract with the Obilgets in jl accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null w,w void, otherwise to remain in full force and effect. Signed andsealed this 6TH day of JUNE A.D.19 91 CDC CONTRACTORS (Seal) Principal Witness Title Surety: Contractors Bonding and Insuranc Company BRENDA BILDERBACK Witness rJMLEEN A. GILLESkE Anomeydn•Pa COMPLAINT NOTICE: St'irould aW dii" arise about your premium h rwnl rn lraw is ta" Is Up Oz~ai>'y A A sEMIII i tt y0N fink 04 Mina to the WrIllpaoy that ib eottataeettl abeNaelt wrier ON 0* . nu may also P4 1t 14111M, p, a earrrY a appikaeon a orYkri ti t6°~f~'S ~ 191 MA rMWvid Austin, Te%aa or WOMWAW 0105WIP ODOM by WC6111.03•USltxM r a-tI091, fiat 0 (612 4*1m, VA Aft e of tmpwnt an kwrm via* tutld a tow eawaer prtuedun It for trllgfrgttl0p oAb Ild timi not boom t Dirt a Mr~.Mmn.le.rrarre ii ,:leaa; N IXU44U cgic' mm MCI: Umited 1213 vltky street P,O. Box 3271 COMB ZMRS BONDING Power of Attorney Seas, WA 98103.0271 AND INSURANCE COMPANY (206} 622-= aaw xi wEn sr ESE rnESerta ~ cartn~ciaa eora~o,ua rbuwwcE CawPw+v, . a,~a+ron~a,ww.a •r ~+~+^o ~ * w. d ~ err a ~ ~a w pYdpdal~rW9arM16nOCa+t/,MWlinpbndorbJWM1D~r~nbmdMarlW~d+OPdMkAT14FENA rd d b~a~deTndiuaW9 P~I~r~~0.~~M~ I;a~br aWNrM WiYnlnr, Plu rd ard.k awM, ►~ibwMdp~ end d~Mr. (1)4~ D1 P~M~ Ndelr+, d w a~r.a r .rrbe. n► saA O~w.+ra v■+~nr~o++~e~a aq*.n o~at>tl ~w na wr p zso,aoo; c al r o+.«eaa. ooe~d rd aura a iw auw, W «~+r a ~m«b. 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Collins, Director of Information Services SUBJECT. Maintenance Agreement on Telephone Equipment; In our RVP for maintenance service on the telephone equipment and cabling we requested quotaLions iii two sections, Thr first section requested quotations for providing maintenance servicr~ oil the varlouv Kw,i.tches and ancillary equipment and the second section requested the cost. For providing mainLonance service on Lhe ; interbuilding cabling both fiber „pLic and copper. Two of the t.lireo outside vendors responder.) to section 2 with time and material quotations and the third vendor vespondod with a ~ quol.aLlon of x9,000 for Lhe fiber opLic cabling and LermiriaLion equipment and time and materi.aA_l for the copper ,.aljd i,nl;, I fl61 recanunending Chat we uLll.ive our Piectrio Departmentstaff to maintain the cablins4 betweecz buildings siitoc, Lhoy originally }rlsta,l.led Lhis ,+quipmonL and their per hour charge was lower than , any of the cutsi.de vendors, On Lhe first section of this R,CP we asked UAL the. vendors quote the coat for each year and a total for the three year Lime frame as I well as any discounts which the City of Denton mlghL be entitled, In the at.Lache'd analysis shccL J am showing the various qualors and any discounts, As you can see the ovora.ll. low bid for this sa>rvico is provided by SouLhwosL Bell. Telephone. In Lheiv bid 5outhwesL hell. Telephone (SWBT) excluded the key set at the Martin Luther _ King Contev and the k.ey soi: aL L}ie Water Reclamation Plaint and proposes providing service on a time and material basis for those two key sets. These, two key se Ls arse oJder oquipment that the City of Denton had owned and we uLiJized when we implemented the uc:w system last year. Tf during the next three years l.heso tnao ke,v sots must: bo replaced for erry reason we,: will be looking al: a cost s, of approximately $0,000. The reason that, 1,W11T is quoting time and materials on these Lwo key se Ls is that these two key sets are no 3 J.onger manufacl.ured and thevefovo any parts for this equipmoht. ! would ho refurbished pad's. Both of the other two vendors would E 1'8Ce the same sltuaLion ns SWBT but have chosen to cover this oqu.ipment with thew bid. i i All three vendors have offered a discount for paying Lite three year maintenance oost in advance. These discounts range from 10+% to 20%. Of the three vendors GTE and SWBT have an edge over Wiltol in the number of trained service personnel and proximity to Denton for service calla, GTE originally installed the telephone equipment and instruments as well as wiring the various buildings. The City of Denton has enjoyed a long; and satisfactory relationship with GTE for 13 plus years and CTE is familiar with our facilities and staff, For these reasons the other two vendors will experience a learning curve with the City that GTE will not, g. 1 have also included an attachment that show some intangible items associated with the three vendors, It should be noted that the prices for telephone sets quoted by GTL for replacemenL• tend/or fi additional phones are from $10 to $37 lower than the prices quoted by SWBT. G1'E has provides an advantage to the City in that they installed this equipment, wired the buil.dirrgs and have worked with the City's staff including the people administering the System and j the people that, have installed the fiber optic and copper cabling connecting Be various buildings. As whown on the atLachinent, GTE is the only vendor that, has trained service personnel located t} within the City of Denton. My recommendation i.s that the City have UTl provide maintenance service for a three year time on the telephone equipment 'and Instruments due to the intangibles outlined. and the additional liability the City has with the SW11T bid, If I can be of furLhor holp or you have any questions please give roe a call. Gary A, "Collins Director of information Services I i j f j I.S:U7i'ia$ P" Np®M1 ~.4 1 } SOUTHWEST ! SECTION 1 taI1,TL[,_ s TELEPHONE EQUIPMENT MAINT CITE ~ cc_......_........ 31 , 68G 2806,13 30,718 TOTAL FOR YEAR 1 31,667 28,623 30,718 TOTAL FOR YEAR 2 31 , t1G'! 28,623 30,717 TOTAL FOR YEAR 3 95,000.00 85,869.00 92,153.00 3 YEAR TOTAL 0,00 0100 61(100.00 24 HOUR MONITORING SYSTEM ooU O,UU 3,000,OU AUTOMATED ATTENDANT 95,000.00 85,869.00 101,153.00 TOTAL DIFFERENCE 9,131,00 0.00 15,284.00 DISCOUNT FOR 3 YR ADV PAY 140260.00 17,]73.80 17,794.66 NET COST IF ADVANCED PAY 80)750.00 68,695.20 83,358.45 DIFFERENCE WITH ADV PAY 12,054,80 0,00 1,11663.25 a * DOES NOT INCLUDE MAINTENANCE ON KEY SETS LOCATED AT MLK RECREATION CENTER AND AT WASTE WATER TREATMENT PLANT. THESE l(EY SETS COULD BE: REPLACED WITH NEW EQUIPMENT FOR APPROXIMATELY $9,0000. SECTION 2 SOUTHWEST CITY OF ' ! CABLING AND TERM EQUIPMENT MAINT GTE DELL WILTEL DENTON caccemeccancccc=cc~=cccvm 59 OU 35 TIME AND MATERIAL HOURLY COST 73CG i 0 24 5 s SERVICE CALL, CHARGE AFTER HOURS COST 92,50 - 186 619 90 - 120 48 ANNUAL FIXED COST NO BID 91271 NO BID NO BID i THIS ANNUAL FIXED COST COVERS ONLY THE FIBER OPTIC SYSTEM AND THE MUXES, THE COPPER CABLING WOULD BE COVERED ON A TIMi AND NATERIAL BASIS, i ~ s t a { ~.y. .17kTa'!JUyj CTS Aronatr~ gredispatch Remote.' Maintenance 'pet as+atali $Go/hr , Moves/Add/Changes $55/hr $59/hr is . (Noraal Susineaa Day) Nona servfoe'charge $35 Clone . Install Interval a days/AAO 3-5 days/hRO 2-3 days/ARQ.i , tiDiscount For 20% 102 Advanae'payment of 158 Maint6nanos Charge Irving North Dallas N. Carrollton 'central;Maint. staff 64 45 12 Trained an SL-1, in IIFN area o 0 Trained on OL•-1 in Denton ? Irving on Site N, carroUton Spare;, Steak Guars t ed a onse Timer '4/hr average) 2/hr 2/hr a1,or Fa ure 12/hr x4/hr f Hiner Failure 24/hr 24/hr 1 1 year 3 years z Guarantee on set prides Year 3 000 Labor Charges only N/d $ • 11ot1.V11Ciot~ of Auto Attendant ( ~ X1.4 1 •r' I { i f; , Y , , ,v j q! CITY_OF_DENTON_PURCH. TEL No.8173824692 Aug 1,91 9 26 Nn.001 P,01 auJAAO-J/ JooV Pos A" brand tart transmittal memo 7671 •crp•p•~ .sue `ts AN ORDINANCE ACCEPTING COMPETI'T'IVE 5TDS AND PROVIDING FOR T11C AWD OF CONTRACTS PUBLIC WORKS OR D P FORR'' THE EXP NDITUREF OF FUNDS THEREFOR; ANDO PRSOV~IDING P,FOR OVIDINGAN FSFECTIVE DATE . r wnEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements to accot;dane4 with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has r4~,,el.ved and recommended that the herein described bids are the j 10"'i St responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON'HEREBY ORDAINS; SECTION I. That the following competitive bids for the i construction or Rublic works ov improvements, as described in the j "Bid Invitations', "}lid Proposals" or plans and specifications on ~9{ file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and j approved as being the lowost responsible bids: DID NUMBER CONTRACTOR AMOUNT .FtF 1 . K GTE ` 5. _sQQO ~0 M SECTION II. That the acceptance and approval of the above compel t ve s shall not eonstituta a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirermants specified in the Notice r 1 r:,r<nz+ CITY-OF_DENTON_PURCH. TEL No,8173824692 Aug 1,91 9;26 No.001 P.02 n SECTION II. That by the acceptance and approval of the above numbere terns of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and, for the specified sums contained in the Bid Invitations, Bid Propoanls, and related documents. SECTION III. That should the City and persons submitting approved amend a cepted items and of the submitted bids wish to enter intro ,a formal written agreement as a result of the j 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 spooi.tied sums contained kk in the Bid Proposal and related bid documents herein approved and I ecnepted. SECTION IV. That by the acceptance and a roval of the above numbere items- of the submitted bide tha City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein: SECTION' V. That this ordinance shall become etfectivc imme ate y upon its passage and approval. ' PASSED AND APPROVUD this day o £ 1991. 'BOB CSI, imi r 'MAYOR ATTEST: i APPROVED AS TO LEGAL 70?.M: DEBRA ADAMI DUYOVITCH, CITY ATTORNEY BY: 9 PACE TWO tud: _ ter... .v yew. 1 f W6, C, 1 D CITY of D&WOK, 7YXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM t DATE: July 31, 1991 I, TO Lloyd V. Harrell, City MarAger 1 < FROM: John F, McGrane, Executive Director of Finance SUBJEC'T': AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991 I The Audit Committee has met to review the annual update on the City's audit contract. The firm of Deloitte & Touche has been recommended to provide auditing services for the fiscal year ending September 30, 1991. 1 have attached a copy of their engagement letter delineating the scope of their services and i the fee associated therewith. If you have any further questions, please advise, MCFCG,af Attachment 5933F E i i i { E } 8171566.6200 D/FW METRO 4342529 s i r r Q l ~ Deloitte . z a Touche ITT Tol6x - - Suite 1400 ' Lincoln Plaza 500 North Akard Street Dallas, Texas 75201.3302 Telephone, (2141720.8100 i 1 i j ? June 3, 1991 ?I ( Mr, John McGrane Executive Director of Finance City of Denton 215 East McKinney h Denton, TX 76241 d Dear Mr. McGrane; We are pleased to serve as independent accountants and auditors for the City of Denton (the "City"), Mr, George A. Scott will be responsible for all services we perforn, for i you. It will be the responsibility of Mr. Scott to make sure that you receive quality service. He will, as considered necessary, call upon other individuals with specialized i knowledge, either in this office or elsewhere in our firm, He will be assisted by Mr, i Craig A. Milacek, Senior Manager, in the performance of our services, While auditing and reporting on certain annual financial statements is to be the h recurring basic service we provide, we would also like to assist you on other issues as they arise throughout the year. Hance, we hope that you will call Mr. Scott whenever you feel he can be of assistance. I Audit of in^ncigi Statements j I The purpose of our engagement to audit the City's general purpose financial statements for the year ending September 30, 1991, is to evaluate the fairness of presentation of the statements in conformity with generally accepted accounting principles in all material respects, i Our audit will be conducted in accordance with generally accepted auditing standards and Q"v rnment Auditl e t ndards, issued by the Comptroller General of the United a States which gives consideration to our understanding of the internal control structure, t Including the control environment, the accounting system, and the control procedures established by management, Based an this consideration, we will design our audit to provide reasonable assurance of detecting errors and irregularities that are material to i the general purpose financial statements. However, because of the characteristics of Irregularities, particularly those Involving forgery and collusion, a properly designed and executed audit may not detect such Member ~I~f internallonal k i , { z i. { I f E June 3, 1991 Page Two items, Therefore, an audit conducted in accordance with generally accepted auditing j standards Is designed to obtai,: reasonable, rather than absolute, assurance about the financial statements. An audit includes examining, on a test basis, evidence supporting the amounts and disoIosures in the financial statements, An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. The objective of our audit is the expression of an opinion on the City's general 4 $ purpose financial statements. Our ability to express that opinion, and the wording of i our opinion, will, of course, be dependent on the facts and circumstances at the date of i ' our report. If any of our auditors' reports require modification, the reasons therefore 1 will be discussed with you prior to its issuance, We will also perform the single audit of the City's Federal and state financial assistance programs as required by the "Single Audit Act of 1984" and the Office of Management n and Budget's (OMB) Circular A-128. > Manaaement's ResoonsibtlltV We direct your attention to the fact that the financial statements are the responsibility of the City's management, in this regard, management has the responsibility for { properly recording transactions In the accounting records, for making appropriate { accounting estimates, for safe narding assets, and the overall accuracy of the financial i statements. Other Communications Arising from the A In connection with the planning and the performance of our audit, generally accepted auditing standards require that we communicate certain matters to the City Council. ! We will communicate to the City Council, to the extent that they come to our attention, irregularities and illegal acts that are clearly not inconsequential, and reportable conditions, Reportable conditions are significant deficiencies in the design or operation of the Internal control system that could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management In the financial statements. In addition, we will communicate to the City Council certain other matters related to the conduct of our audit, including: i a Significant accounting policies a Management judgements and accounting estimates f a Significant audit adjustments (recorded and unrecorded) a Consultation by management with other accountants on significant matters t t ` i I Juno 3, 1991 Page Three r a Difficulties encountered In performing the audit w ■ Major issues discussed with management prior to our retention as auditor We may also have other comments for management on matters we have observed and possiblo ways to improve the efficiency of your operations or other recommendations concerning the internal control structure. With respect to these other communications, it is our practice to discuss all comments, if appropriate, with the level of management responsible for the matters I , prior to their communication to senior management and/or City Council, 1 &hh1duI9of the Aud1t Our audit is tentatively scheduled for performance and completion as follows: Beain ~Qmnlate Auditing Performance Schedule, 1 Planning and Interim 08/12/91 08/30/91 Year-end 11/11/91 12/20/91 i Audit Communications; Report on Aadited Financial Statements 01/15/92 } Single Audit Reports 01/15/92 Other Communications: Reportable Conditions, if any 01/15/92 Conduct of the Audit Matters 41/15/92 Other Management Comments 01/15/92 f Assistance to be supplied by your personnel, including preparation of schedules and analyses of accounts, Is to be approximately the same as that which you have provided In the past. Timely completion of this work will facilitate the conclusion of our audit. { i We are, of course, available to assist you in other areas that might arise, } Our fees are based on the amount of time required at varlv s levels of responsibility, plus actual out-of-pocket expenses (travel, typing, telephone, etc.) We estimate that r our total fees for this audit will be $39,500, Based on the timing of the work as Indicated above, our fees will be payable approximately as follows; $15,000 In the ; month of August, $14,000 in the month of November and $10,500 in the month of ' December, We will notify you Immediately of any circumstances we encounter which would significantly affect our estimate, t i kjyr~ Ary1pgR l i t 1 1 i I i J June 3, 1991 Page Four If the foregoing is in accordance with your understanding, please sign and return to f us the duplicate of this letter. r We appreciate this opportunity to serve the City and trust that our association will be a long and pleasant one. ; Yours very truly, Accepted by; Signature; Date:. _ f i 'i t I I j ' t I ri ~ cxsy:~r I e;updocs\deltou.o I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN 1 THE CITY OF DENTON AND DELOITTE & TOUCHE TO PROVIDE AUDITING SER- VICES AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an .r Agreement between the City of Denton and Deloitte & Touche designating them the auditing firm for the City of Denton for the fiscal year ending September 30, 1991, in ~gcW}~ichcis,attachad i. conditions set forth in the Agreement, a copy ; hereto. j SECTION II. That the expendittre of funds in an amount not to exceed $39,500 is hereby authorized. k t ' SSEECMION III. That this ordinance shall become effectfvr imme- is passage and approval. Upon its passage and approval. diately u on i s PASSED AND APPROVED this the . day of 1991, BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: 1 DEBRA A. DRAYOVITCH, CITY ATTORNEY I i i , c [~W BY 1 i i ' if I 1'NFMJ0:5\l YIIU 1~ ' i t I i I i AGREEMENT FOR AUDITING SERVICES BETWEEN ' THE CITY OF DENTON AND DELOITTE & TOUCHE i " This Agreement, is entered into on 1991, between the City of Denton (City), a municipal corporation, and Deloitte & Touche (Auditor). For and in consideration of the ; mutual. covenants contained herein, the parties agree as follows; f 1. SCOPE of WORK Auditor shall audit the City's general purpose financial state- ments for the year ending September 30, 1991. The audit shall be performed in conformity with generally acce,ptel accounting stan- dards and OvernDent Auditina Standar s, issued by the comptroller General of the United States, and shall include tests of the accounting records and procedures sufficient to express an informed opinion of the City's financial statements. Auditor will also perform a single audit of the city's Federal and state financial assistance programs as required by the "Single Audit Act of 198410 and the office of Management and Budget's (OMB) Circular A-128. Auditor shall furnish the City its letter of opinion, together with a written management report, getting forth the results of the audit and Auditor's recommendations. Auditor shall attend one or more meetings of the city's city council for the purpose of discussing the audit and report. Auditor shall communicate to the City Council: 1. Irregularities and illegal acts that are clearly not inconsequential 2. Significant deficiencies in the design or operation of the internal control system that could adversely affect the City's ability to record, process, summarize, and } report financial data consistent with the assertions of management in the financial statements; 3. Significant accounting pol.iciesi , 4. Management judgments and accounting estimates; 5. Significant audit adjustments (recorded and unrecord- I ed) r 6. consultation by management with other accountants on significant matterst 7. Difficulties encountered in performing the audit; and i i r 8. Major issues discussed with management prior to the retention of Auditor, i I II. CITYIS RESPONSIBILITY City is responsible for properly recording transactions in the accounting records, for making appropriate accounting estimates, j' for safeguarding assets, and for the overall accuracy of the financial statements. E III. COMPLETION Auditor shall complete the service in accordance with the following schedule, subject to availability of records and ` documents: Fie R Com ete Auditing Performance schedule: Planning and interim 08/12/91 08/30/91 Year-end 11/11/91 12/20/91 Audit Communications: Report on Audited Financial Statements 01/15/92 Single Audit Reports 01/15/92 f L Other Communications: s Reportable Conditions, if any 01/15/92 Conduct of the Audit Matters 01/15/92 other Management Comments 01/15/92 IV. COMPENSATION i in conaiderL~tion of the work to be performed, city shall pay Auditor thirty-ninee thousand five hundred dollars ($39,500.00), payable as follows: $15,000.00 upon completion of the interim i audJ.tF $14,000 upon completion of the audit field worki and $10,500 { upon completion of all services. l V. INTEREST OF AUDITOR Auditor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or other- wise that would conflict in any manner with the performance of this Agreement. Auditor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the City. PAGE 2 arnenv~t i VI. ASSIGNMENT This Agreoment is one for personal services and cannot be transferred or assigned by either party without the prior written consent of the other. VII. AUDITOR IS INDEPENDENT CONTRACTOR + The Auditor is an independent contractor and shall not be deemed to be or considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, wor'ker's compensation, or any other City employee benefit. ff . ' VIII. VENUE AND LAW GOVERNING This Agreement is executed and is to be performed in the City ' of Denton, Denton County, Texas, and shall be construed under the laws of the State of Texas. Any action relating to this contract shall be instituted and prosecuted only in a court of competent jurisdiction located in Denton county, Texas, and each party waives any right it may have to a change of venue. IX. ENTIRE AGREEMENT. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or, written, between the parties, and all modifications of this Agrt;ement shall be in writing and approved by both parties. i X, TERM , This Agreement shall begin on the date executed by both parties and end when the all services have been performed and all condi- tions of this Agreement have been satisfied. APPROVED this the day of 1991. f 4 1 BOB CASTLEBERRY, MAYOq PAGE 3 i 5 i f t 1 i r ATTEST: JENNIFER WALTERS, CITY SECRETARY _ BY, APPROVED AS TO LEGAL FORM: t i DEBRA A. DRAYOVITCH, CITY ATTORNEY E BY: i t DELOITTE & TOUCHE NAME: i TITLE i 1 ATTEST: i BY:_ `i PAGE 4 f I klntiYr: f::1~ i F CITY COUNCIL REPORT TO: Mavor and Members of the City Council FROM: Lloyd V. Harrell, City Managa r SUBJECT: Amendment to the Contract between the City of Denton and Services Program for Aging Needs DATE: August 61 1991 RECOMMENDATION: Approval of an ordinance authorizing an amendment to the City's i contract with SPAN 1 i s" BACKO-EgUND • ! Two cha,tges are proposed regarding the city's contract with SPAN for transportation. { j The 1990-91 Human Services budget included $2700 to be allocated to Parents Anonymous. This agency has since ceased to provide the ` self-help programs for which their services were contracted and is ! no longer a viable social service agency, This allows $2700 to be reallocated. This amendment includes reallocating $2700 to SPAN for transportation, The second change in the contract relates to the amount SPAN chargee. its HandiHop riders. Currently, SPAN charges $l for each HandiHop ride. This program has had increased demand for services i and SPAN would like to increase this rate to $1.50. HandiHop rates are set by the transportation contract, Al Murdock, Director of SPAN, has requested that SPAN be given more flexibility in terms of rates so that a rate change would not require a contract amendment. in order to comply with this request the contract has been amended. This amendment still requires that SPAN notify the City Council regarding a rate change and allows the City to protest and refuse approval for the gate change if it desires. AR Two changes have been made to the SPAN transportation contract. The attached amendment reallocates $2700 to SPAN, This increases the total SPAN transportation contract from $46,000 to $48,700, The second change allows SPAN to change HandiHop rates without amending the contract if the City has no problem with the new rate. ,y r 1 City Council Report SPAN contract Amendment Page Two PROGRM5 DEPARTMENTS, OR GROUPS AFFECTED: R Users of SPAN transportation FISCAL IMPACT: No impact on the general fund since this is a reallocation of existing Human Services funding. RESPECT LY SUBMITTED, i Lloyd V. Harrell City Manager } Prepared by: ~ a Catherine E. Tuok Administrative Assistant Approved by: I Neva (Ass. to th y Manager. jr 1 i P.. i 1 g:wpdocs~spanko , ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 6, 1990, the City of Denton (City) and services Program for Aging Needs (SPAN) entered into an agreement providing for the payment of funds by the City to SPAN for pro- viding the community services described therein; and WHEREAS, the city has agreed to increase the funding for the contract term by $2,700 in exchange for SPAN providing a concurrent increase in services; and WHEREAS, the City has agreed to SPAN's request to increase the fee charged for one-way trip provided to passengers; NOW, THEREFOREr THE COUNCIL OF THE CI'T`Y OF DENTON HEREBY ORDAINSt SECTION I. That the City council hereby approves the amend- ments to the Agreement as Attached hereto, between the City of Denton and Services Program for Aging Needs, SECTION II. That this ordinance shall become effective im- mediately upon its passazle and approval, PASSED AND APPROVED this the day of I i I BOB CASTLEBERRY, MAYOR t l j ATTEST: JENNIFER WALTERjr CITY SECRETARY i BYt i APPROVED AS TO LEGhL FORM: DEBRA A, DRAYOVITCH, C"TY ATTORNEY By l r~4~~ is rc i ' i r trNlt# I g:\wpdacs\spank i i AMENDMENT OF AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) Recitals i On (City) and Services Program 6, 1990, the City of Denton ntered into an agreement, a copy of which for Aging November Needs (SPAN) e of funds by the City to SPAN is attached, providing for the payment for providing the community services described therein. The2Ci y has agreed to increase the funding fort ent contract term services. in exchange for SPAN providing a concurr increase in I The parties also wish to amend the provision establishing passenger fares. AGREEMENT I. The parties agree to the amendment of Sections I.E., II.A. and IV, A. and S. of the attached Agreement, the amendments to read as follows: I. SCOPE OF SERVICES 1 E. Agency shall charge each passenger of the trans- portation services One Dollar and Fift to Cents ($1.50) for every one-way trip provided is amend this passenger. Should Agency desire to , fare, it shall send notice to city informing it of the proposed amendment, The City consider whether it shall approve the amendment. if the City does not take action to approve oitd sa 11 obe the proposed fare within the6pr posed fare, ; deemed to nave approved I II. OBLIGATIONS OF AGENCY I A, To establish a separate bank account for the de- posit of the Forty-Eight Thousand Seven Hundred ($98,700) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scoopelif services as provided for herein. Agency mingle funds received from other sources :.n this account and shall not utilize these funds for any other purpose. ya. i IV. METHOD OF PAYMENT A. Payment by the City for service provided hereunder will be made in accordance with the following schedule, upon the request of the Agency for payment by letter ad- dressed to community Development Coordinator, City of Denton, 110 West Oak, Suite B, Denton, Texas 76201: $4,058.33 on or after November 1, 1990 `t $4,058.33 on or after December 1, 1990 $4,058.33 on or after January It 1991 $4,058.33 on or after February 1, 1991 $4,058.33 on or after March 11 1991 $40058.33 on or after April 1, 1991 $4,058.33 on or after May 1, 1991 $4,058.33 on or after June 1, 1991 $4,058.33 on or after July 1, 1991 $4,058.33 on or after August 1, 1991 $40058,33 on or after September 11 1991 $4,058.33 on or after September 30, 1991 B. In no case shall the total compensation paid hereunder exceed Forty-Eight Thousand Seven Hundred Dollars I ($48,700.00) for all the services rendered. 4 II. i Except for the amendments set forth in Article I hereof, the terms of the original Agreement of November 9, 1990, remain in full force and effect. Signed 1991. i ~ I BOB CASTLEBERRY, MAYOR y ATTEST: i JENNIFER WALTERS, CITY SECRETARY ; s BY: APPROVED AS TO LEGAL FORMi DEBRA A. DRAYOVIT' , CITY ATTORNEY BY: } Page 2 f { SERVICES PROGRAM FOR AGING NEEDS (SPAN) DIRECTOR f ATTESTS k BY; SECRETARY l r I f i i r Page 3 i T-': UPWRI Kgib.7rrs i r CITY COUNCIL REPORT FORMAT f TO: Mayor and Members of the City Council } 6 Z FROM: Lloyd V. Harrell, City Manager SUBJECT: Public Utility Easement Abandonment Teasley Lane and Lillian Miller Parkway RECOMMENDATION: Approval SUMMARY: h + The easement is on a tract of land currently owned by NCNB Texas National Bank. The tract was previously owned by the City of Denton. Recently, the City of Denton exchanged the above mentioned tract with NCNB Texas National Hank for a tract f , to the south, the new fire station/library site. NCNB Texas National Bank has offered to provide a new easement on the perimeter of their currently owned tract. ) k i BACKGROUND: This easement was contiguous with the old alignment of FM 2181 (Teasley Lane). i PROGRAMS, DEPARTMENTSF OR GROUPS AFFECTED! City of Denton Utilities - Electric Department Engineering and Transportation Department a FISCAL IMPACT: None e i a `i j 0173r is I I ~r1 rrY Y IN rlW.1' WW M/YI.IrR Y41 IIIY YrxV4 MM Ii N 1W. r'/1' {qW 1+r yI~Y1.I 14 W.. M rx1F,lY/. ~r/+ r►. M/4 //rYN1Y r»~1 b1 AM { M. w I M I r4/I. rr//~ Ati Ir+ r' . M'LH~. rR/1~ r.Y, rrnl 1 rYY.y MMrY. rl YM YO t w, yl1r{~. 4Yr Y 1%14 r tii/. J YI/rr 1.Fn4.4 ~ Y.MM IY IIJ, ~r MTf IY~~WA~ A~ 1~„ Yw~ yNyyy11M•4~~,ryyry ~w~ rr I4T'M+Ir r,/}wjlYrMwY lr,w+M ` rYY!r rvlr wHx, Ir,r JW 1Y~ r/Yrl n/• ELEME NTARY ECNOOI TRACT t I✓•m rwYr YRI/ Y. Nr/Y Fm~.1 • ! «.1.. »rrn rr rwr.r.r ro 1• =T)JRNO / / - w I yV1ATYP. J rI rrv wrr w rr./I ~ 4rr/4rYrMrlf I f 1w'1+ I » rl 4~YFe r rw... cRJ rr wI wY/ .~~~I 1 ! .r, y 1 ! ~„h.•r»yyfw~,rNfrlY/YAr RRRRJJJJ / h' {y dlMll ~ , C ,/r.N MINI Y { I ~ r 1. 5 x rr»,.i~'~.', ru r ~ `I Ir,~~.y.•ti0nu un M1~ 1 l I 1 , ~F I 6 1 fw, 1f~rN I } I IlN•1 .Ft~l4N 1~.1~' ~ ».1~ 1 fir I { 9,bl 00 1 4 00 ITT _ E rYr r ~ti ro 1i tawo, SxydG2 PA "M it k dtl OrIrI'IIfRI/ i«11«/.' W r+r../ R. y ,~.~w.~ ry.IN 1r Mn*w gem HIM I~4V4 •Mrii.rN~yN,M4~4~~~ ~Y AJ7bRt,/!/.4N+A•~rYIw~IY .131 ALARA Cllf/l aR~M tl W I~rwI1+r T/+iM wi a" 0*4 r,Y.1. II^' N/ 1111 + C PW'4µ1M,(IfY/T A4006 NCNI TfMf AYiw1f i wWi M W,TrrNN gndrT,pfAtirG.,Tefea fdfe~s RNerl ANr11 4r Ir~w::.r.»..y..w,+yW.4 n~.y w'41"~'. a M. r. 1~wr ~;,Y.xJttSLYLi1I~..hIY,~~3'1.w/4•'~u •11 w r rw+r. r IJY11/r1 YrIRJrrrrr r prYr.A . -s.rr..~t.rai 1 I 1 4 j EXCERPT MIM=S OF PUBLIC UTILITIES BOARD May 15, 1991 2. CONSIbER FAANDONMENT OF UTILITY EASEMENT FM 2161, TEASLEY LANE. l Nelson reviewed this item stating that the easement is on a piece of property the bank owns and they have offered to provide a new easement on the perimeter of the property. s Tullos advised the city will have to remove two poles. 4 Action: s i Laney made a motion to recommend to the Planning and Zoning Commission and City Council abandonment of subject easement. Second by Ridens. All ayes, no nays, motion carried. 1 i . S 1 i 1 h t i E 1 { T 7 T7, F P&Z Minutes F May 22; 1991 Page i DRAFT I 1V. kunsider i~ecomr,iending abandonmenL of a 16 foot utility easement. Mr. Clark stated that tine proposed abandonment is in the outside radius of curve of Teasley Road. Liectric utilities have already beer; abandoned and the telephone lines will be moved next week. Water is in another easement. If this easement were retained it would effect the position anti size of the proposed building. { , ( it was moved by Mr, Glasscock, seconded by Mr. Kamman, and unanimously carried (6-0) to recommend approval of the abandonment of a 16 foot utility easement in cooperation with the platting of tho R.N.W. Addition. I 2688x r; ~ a f ~ ,S t ,z :t r E i i ; i i e:WPdGCa\her1ta9e0 r ORDINANCE NO. AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 928, PAGE 602, DENTON COUNTY, TEXAS; A11D PROVIDING FOR AN EFFECTIVE DATE. ti WHEREAS, the City Council of the City of Denton has determined that the easement being vacated is no longer needed for public use; and WHEREAS, the fair market value of the easement has been deter- mined and received, as required by section 272,001, of the Local Government Cade and DENTON, TEX., CODE ch. 2, art, IV. (1991)1 NOW, f THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION Ir That the public utility easement recorded in Volume 928, Page 602, Denton County, Texas, as described in Exhibit I A, attached hereto and incorporated herein by reference, is ! permanently vacated and extinguished as an easement for public 3 utilities. SECTION II. That by reason of such vacation the City of f #I# Denton's property interest in the easement shall by operation of t law, revert to the owner or owners abutting the easement herein abandoned and the City of Denton releases any and all claims to the use of the property as an easement for public utilities. SECTION III. That this ordinance shall become effective immediately upon its passage and approvals i PASEIED AND APPROVED this the day of , 1991. I E BOB CASTLEBERRY, MAYOR ATTEST: ti JENNIVER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Byt ff a ktfiA3«:5. jY',♦ Bx'G.Ct9ti i 1r I 4 A EXHIBIT A All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and II being part of the C. Poullalier survey, Abstract No. 10060 and being part of a tract of land as conveyed from Baker-Crow to y Heritage Estates Ddvelopment corporation by deed dated March 1, 1976 and recorded in volume 776, Page 348 of the Deed Records of Denton County, Texas, and more particular',}? described as foilowat BEGINNING at the northwest corner of said tract, said point of { beginning also being the beginning of a curve to the right whose center bears south 21• 16' 43" west and whose radius is 761.25 feet; THENCE southeasterly along said curve to the right, said curve being the west boundary line of said tract and also being the east right of way line of F4 2181 (Teasley tane), a distance of 639.3 feet to a point for a corner same being the southeast corner of said tract; THENCE north 00 564 east along the east boundary line of said tract, a distance.of 41.03 feet to a point for a•corner, said point also being the beginning of a curve to the left whose center bears south 66' 34' 53" west and whose radius is 777.25 feet; THENCE northwesterly along said curve to the left 16.0 fast northeast of and parallel to the southwest boundary line of said tract; same being the northeast right of way line of FM 2181 (Teasley Lane), a distance of 573.38 feet to a point for a corner in the north boundary line of said tract; THENCE north 88. 380 west along the north boundary line of said tract a distance of 43.78 feet to the place of beginning and containin•I 9,688.24 square feet of land, more or leer. j P i j CITY COUNCIL REPORT FORMAT i j TO: Mayor and Members of the City Council Lloyd V. Harrell, City Manager ~ FROM: f SUBJECT: An ordinance vacating an easement for electric transmission and distribution lines situated in the AleXander Hil?. Survey, Abstract Number 623, Denton ; County, Texas R2COMMENI7ATION: r Public Utilities Board and Planning & Zoning Commission t f recommends approval SUMMARY: The current owner, Triple A Oil Company, has requested ; abandonment of the down guy easement in exchange for an easement on their tract. Once the electric lines have been j placed in the newly acquired easement, the old electric facilities will be removed thus eliminating the need for the down guy easement. BACKGROUND: b The down guy easement was originally granted to Texas rower and Light company from Acme Brick Company (Volume 355, Page 172, Deed Records of Denton County, Texas.) The down guy easement was subsequently assigned to the City of Denton from Texas Power and Light Company (Volume 756, Page 669, D.R,D,C.T.). PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: City of Denton Utility Department - Electric Utilities Engt,neering & Transportation Department s FISCAL IMPACT: None e } i 0773E I~ I i t r ,,.nom= m WT, { s er42!' a fIP " uwsw t to y aoiii Pip i INNN lay 6sPw61.r Pogo s w S i y ~ Qy~ V 1a . I i { ti 1 to AL E~ NDl:P NIL 3 UR VE'Y A -62,3 9 •yLV f[P 3• Jq'IA' p. . yf er2 ACRO ai OOMPANr f1P i w VOt.rls °F rtk y Ap. Q ,/`t1~a rd~y NoWwRt.tN[ b ~ ~ 31 , O5 e REi.ern.p' w { F IS WirN,IJ oA1Vo5t0 / rRA(,r 2 011 r !6 aTOWY 05Mf. / f 0,#J8 ACNO '`•N (NV AA[oArIPfIMT, 1n ti~ it f Q0 X21, FeR XwtyYiNA ~1~''~' E ~~y {~~0~ PowCRllrlll~ / / ~ ~ 1 1 N,MW tiM y ~Q 6401 J.050 ACRes rvrAQ b f qr, M p IN BOW rRACrs e 45 f pip ll )9'101 00-~ 100,36, PO 13 " 17s, 22' i Flo rHrr~'S'TAr~r HICNOV4y OA 33 3 I 1 `SITE MAP ~ 0/rAPffilIE ,I 7-10-91 S Fd. ' r N S~ this hot weather Denton should Thompson stated that during s for PLUS I. Nelson more participant advertise the need form and her ideas. appreciated Ma. Edwards work stated how much he MEADOW OP D W GIUY EASEMENT NEAR 5C NSIDER ABANDONMENT 16 staff recommended abandonment Frady TROT` 6 Nelson reviewed stating subject ebandonmentf second by 7 made a motion to approve no nays, motion carried. 8 Riden". All ayes, THE AMOUNT IF A REDUCTION 4F i IN C0N81DER CHANGE ORDER N0. CREEK 9 6. INC. FOR PECAN CTION CO. 68 ip0 DAILEY CONSTRUCTION 54,381 10 N+...sY SEWER OUTFACE. resulting in 11 ted a revised agenda item for CO M1. u cation b r tri oast s ! i2 Ham di 4 ili.d6 to Daily C 1 in the contract proceeding at his own risk. iianey 13 1a a Co•► Inc. reduction The contractor subject change order. second by Frady. made a motion to accept l15 carried. FOR , no nays, motion CO 16 All ayes 5A03.80 TO SMITH PUMP RAN 17 7. CgNgIDER FINAL "AYMENT OF THE RAW WATER pUl'SP N0. 3a PRE-PURCHASE. is Lnks Lewisville; 14 a ent at Mr. Ham. Hnm advised this is final P the equipment is running and 20 is complete, the pump testing 21 22 staff is satisfied, approval of this final Riders made a motion to recommend s motion carried) 23 All ayes, no nay ► paym,Int, Second by Frady, 25 i Ix 24 26 27 II rr1 I 'A BOAR kUIiLICJULY Ii7Bs 199 D MEETING ~ l Z CALL TO ORDER of the Public 3 Chairman Thompson called the Regular Meeting July 17, on WRdoesdayr 4 Utilities Board to order 4t 5100 p.., . in the Civil Defense Room at City Hall, Denton, Texas+ 1991 6 Board Members in Attendance Roland Laney 7 Chairman, John Thompson R,E+ Nelson ` A Kenneth Frady Lloyd Harrell g Carol Ridens a 10 Staff in Attendan e . ii Ernie Tullos David Ham Lee Allison 12 Bill Angelo Oay Racine 13 Scott Leboack Legal Dept, Kathy Dubois, Finance DePt Jerzy Drake, 14 j Earl crews i 13 16 Others in Attendance i~ 17 Thomas Harpool, TMPA Board Membor Foster Richard a le Joyce Poole, Citizen ~ /lo Steve Bartley# DRC n Edwards 01V , C lg Susa NU'i'E 2p Z, CONSER APP-~A-L 01 PUBLIC UTILITIE BOARD HY F Zl FEBR__ U ~~--1991 Laney made a motion to approve the Minutes as written, Second ZZ t ~ by Frady. All ayes, no nays, motion carried. Z3 Z4 E - PAZ Minutes DRAFT June 12, 1991 Page 7 Y1. Hold a public hearing and consider an ordinance amending Chapter 35 of the Code of ordinances creating an outdoor amusement and recreation district (OAR); and amending Chapter 34 of the Code of Ordinances to provide an exception to parking lot paving requirements. Staff Report: Dir. Seese stated that on August 8, 1991, the staff was the Fairgrounds. Two changesdneed ito both made to the proposed ordinance, Ballfields and stadium should be deleted from Section XI, and in that same section community center should be designated as private, Mr. Engelbrecht asked when parking for parks would be E addressed. Ms. Feshari said that it will be addressed in the rewrite of the Zoning Ordinance, It was moved by Mr. Kamman, seconded by Mr, Engelbrecht, and ( unanimously carried (5.0) to recommend approval of the OAR district and amendment to Chapter 34 of the Code of Ordinances with the changes suggested by staff. vll, Consider Down Guy Easement Abandonment - near Meadow Street Mr, Salmon stated that the purpose of abandoning the guy f wire easement is because it is inside a general utlity oasement and the city still has an easement in the area. The electric: line is going to be relocated and the owners' wish to clear their title up a little by removing the down guy easement. It was moved by Mr. Engelbrer,ht, seconded by Mr. Kamman, and unanimously carried (5-0) to recor^,^nd approval of the abandonment of the down guy easeme.., near Meadow Street, Meeting adjourned at 10;04 p,m. f ti 2700 t r f s j! t 1 , f~ ti .4 ORDINANCE N0, _ AN ORDINANCE VACATING AN EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NUMBER 623, DENTON COUNTY TEXASt AND PROVIDING FOR AN EFFECTIVE I DATE. WHEREAS, the City Council of the City of Denton has determined that the easement being vacated is no longer needed for public uset and WHEREAS, the fair market value of the easement has been doter- mined and received, as required by sootion 272.005. of the Local Government Code and DENTON, TEX,, CODE ch. 2, art, IV. (1991); NOW, 5 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt That the easement for electric transmission and f distribution lines situated in the Alexander Hill Survey, Abstract k Number 623, Denton County, Texas, granted from Acme Brick Company to Texas Power and Light Company of record in Volume 355, Page 1720 Deed Records of Denton County, Texas and aus;iined to the City of Denton by assignment of record at Volume 756, Pago 669, Deed Ro- cords of Denton County, Texas is permanently vacated and extin- E quished as an easement for electric transmission and distribution 1 lines. { SECTION II. That by reason of such vacation the City of Denton's property interest in the casement shall by operation of law, revert to the owner or owners abutting the easement herein abandoned and the City of Denton releases any and all claims to the use of the property as an easement for electric transmission and j distribution lines. SECTION III, That this ordinance shall become effective immediately upon its passage,and approval. PASSED AND llPPR VED this the day of , 1991. BOB !"ASTLESERRY, b1AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY1 _ APPROVED AS TO LEGAL FORM: DEBRA A, DRAYOVITCHi CITY ATTORNEY BY $ {J A z., 1 fl 1 V . 2C'! UTY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT; No U-turn ordinance for the first median 1 opening south of the 135 service road on Lillian Miller RECOMMENDATION t Approval 1 SUMMARY: s The median opening is experiencing a large increase in traffic with the Red Lobster opening and many businesses opening in the shopping centers on both aides of Lillian Miller BACKGROUNDS 'This action is an attempt to keep the intersection as safe as # possible so signalization can be prevented or delayed. ! Signalization of the median will be difficult to coordinate f f with the 135 signal for the diamond interchange I ' PROGRAMS DEPARTMENTS, OR GROUPS AFFECTED: Engineering and Transportation, motorists, and PDAI.ce Departmont FISCAL IMPACT: $100 of signage ~ i t 0773E r Y" r. t MEMORANDUM 1 DATE: July 17, 1991 1 TO. Lloyd Harrell, City Manager II FROM: Jerry Clark, Direcl:or of Engineering Transportation r SUUJECTi No U-turn on Lillian Miller { We had received a lot of input about congestion on Lillian 6 Miller when the Red Lobster openkId. The first median opening south of 135 E service road is the main exit for that traffic, f The Southridge Village Shopping Center and the venter that Red Lobster is in are starting to fill up again, mhe main theme behind that is the traffic in the area is incr0asin . g We are ~ attempting to do some preventative work insteaa. of responding after a problem. U-turns at any street intersection can be dangerous, Thin risk it amplified when the area becomes urbanized which makes 3 drivers prone to higher speeds and leso tolerant of others. Lillian Miller was denigned for 35 miles per hoar and to blend into the hills. To flatten the road more would have required that much of the vegetation be removed for side slopes, This intersection is just over the hill for people ap'pr'oaching 135 E from the south, safety is an inane from both directions volumes from the north and the hill on the souUi, Ordinance Section 18-22 is the basis for our request, We recommend approval, JA r . r 0995E i i j 1 t f • SiA`++ew t e~wpdocs\uturnso ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING CJ TURNS ON LILLIAN MILLER PARKWAY AT THE FIRST MEDIAN OPENING SOUTH OF THE YNTERSTATE 35E SOUTHBOUND SERVICE ROADt PROVIDING FOR A PENALTY IN DA19OFf PROVIDING FOR FOR AN EFECTVE THEREOF THE MAXIMUM PUBLICATION) AND PROVIDING 00 FOR VIOTIONS I I THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINSt 3 ,F.rm QH I. That when signs are erected giving notice thereof, no person shall make a U Turn at any time on Lillian Miller Parkway at the first median opening south of the Interstate 35E southbound service road. ~FrTrON rr That any person adjudged guilty of violating the provisns of this ordinance shall be guilty of a misdemeanor and punished by a fine not exceed Two Hundred Dollars ($200.00). T ON IrT_, That this ordinance shall become effective four s 4) days from the date of its passage, and the City Secretary tee F is hereby directod to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the city of Denton, Texas, within tan (10) days of the 1 date, of its passage, 1991. PASSED AND APPROVED this the day of - . j I BOB CASTLEBERRY, MAYOR S i ATTESTt J'ENNIF'ER WALTERS, CITY SECRETARY j BY APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY i yyl: lyS F^£4 i i MEMORANDUM DATEi May 3, 1991 I TO. Citizens Traffic Safety Support Commission F ~ FROM. Paul Iwuchukwu, CTSSC Liaison SUBJECT: May 6, 1991 meeting ITEM #3 ORDINANCE FOR "NO U-TURN" ON LILLIAN MILLER PARKWAY: Staff has ohserved u-turns at the first median E opening on Lillian Miller Parkway south of the 135E { southbound service road. U-turns are dangerous for two major reasons: (1) They are too slow, far below the average speed of prevailing traffics (2) In a narrow roadway situation (narrow median and less than three opposing lanes), the u-turning vehicle may require backing up to complete the u-turn maneuver, p' causing excessive impedance to thru-teafilic, This section of Lillian Miller is a busy traffic area and is experiencing even more activity since Red i Mobster opened. staff recommends approval, for an ! ordinance for "No U-turn" at the first median opening on Lillian Miller Parkway just south of the I35G southbound service road, i 0976E I 1, 1 s S f MINUTES Citizens Traffic Safety Support Commission May 13, 1991 PRESENT= Alice Gore, George Kay{ Mike Amador, Dawn Baldwin, Marilyn Smite, Carl Gusset and Doug Chadwick, Chairman ABSENTS Jonathan Cott and John Erwin STAPPI Baal Iwuohukwu, CTSSC Liaison l Jerry Clark, Director of Engineering & Transportation Jane Biles, Main Street Coordinator i ITEM3 ORDINANCE FOR "NO U-TURN" ON LILLIAN MILLER PARKWAY; s E Iwuohukwu presented the request. He said this is the first median J opening on Lillian Miller just Routh of X35 E. The same area within the new restaurant, Red Lobster. There ib a Jack-0-Box, a strip center, and shopping mall. It is a very high-intensity traffic area. Recently, it has become a serious parking issue. One of the main problems is when people make a u-turn In that area, moat of the time they have to back up to complete the u-turn. This poses a major problem and inconvenience for traffic traveling in the opposite direction. Staff is looking at this situation mainly from F a safety standpoint. It is tough to make a u-turn from a narrow median which is about 4 feet wide, especially when you have just two k opposing lanes, Most of the time you have to back up to complete V the u-turn. For a truck or a eemi, it's impossible to make a C straight u-turn. { One of the best ways staff thinks this can effectively be controlled is by prohibiting a u-turn. Some people may be inconvenienced. But, staff believes the situation is severe enough to warrant it. That is, no u-turn for both northbound and southbound traffic. Kay asked if you prohibit a u-turn at that location the next possible place would be at the top of the hill at Southridge unless there is a no u-turn there? If there isn't a "no u-turn° sign j r there, there had better be because this problem will pass down, Iwuohukwu said this was a good observation. i i Baldwin said there was a sign there but it has been knocked down. Smith said the sign was there now. i } Kay asked if there was any recorded accidents at this location, Iwuohukwu said he had not checked that, But, there is a great potential{ Kay said he was a user of that spot and he had never seen an accident there, Kay asked where one could go to make the turn around, Chadwick said the shopping center parking lot would be the best location or go to Southridge and turn around, Clark came forward to address the commission, He said it was his recommendation to do this, if you go to signalization in the future, there will be a great deal of capacity problems at 135 and Loop 288, What staff is trying to do is avoid having accidents there which will increase the push for signalization, The Congestion fr<,,; Red Lobster should level out in the near future. t Ni-4i~l5'S[uuryppt r3 11 }i ,y CTSSC MINUTES May 13, 1991 pagi: 2 Clark said while the Owens Farm zoning case was going on, he witnessed 3-4 u-turns within a half hour. At peak houra, u-turns create a real problem with traffic shooting over the hill. One of the main problems on Lillian Miller has always been speeding. A u-turn on that type road is dangerous. Clark said u-turns, in an urban environments are not a safe maneuver. If that maneuver wan necessary, the shopping center parking lot would be the safest place. As you move to more urbanization, you have to get away from u-turns. At all signalized intersections, u-turns are not allowed. We have gone back and posted signs on some because of enforcement, Clark said a lot of pressure is go!.ng to come from that area for signalization. This is a move to keep it as safe as possible. 5 Smith asked if a u-turn would be permissible at the sag further south. Clark said, in this type environment where you are traveling up and down hills, somebody traveling at 50 mph instead of 30 mph presents a dangerous situation, I Clark said in the design process, there wasn't a lot of choice. It's either you semi matched the ;ontours or you side sloped taking out all of the trees. Probably, one of the main thinga that will make it possible to start doing things, will be to eventually signalize southridge and Lillian Miller. Then it might be safe to make a median break to allow a u-turn, The reason a median break wasn't allowed at Southridge Village is because its a very dangerous spot. Clark said he recommended not encouraging u-turns in the whole area. Chadwick asked how much control staff had on lowering the speed on F,M. 2181 south of this area. It's 55 mph past Ryan Rd, 45 mph at the curve, and 35 mph where it flares out. People don't slow down because they have been traveling 55 mph. Clark said one thing that might help is the start of the Teasley I Lane projectt stuff has really been lobbying for bhis project. Supposedly, it will. start this summer. This will be widened to a 4 lane urban area section with medians and the bridge will be widened at I.H. 35F.. Either the City or the State will have to do speed kk zoning, if staff does a study now, it won't last that long. I Smith asi;ed how you can get back to the interstate without making any u-turns. Clark said you could go through the shopping center to got back out to the interstate, Kay said you have to really know the town to do th.ts. Gore disagreed. she said all shopping oehters have ins and outY, If you drive toward tYp interstate, you know you're going to find an outlet. Chadwick agreed. Gore said safety overrides the convenience any day. e t •r 7 1 t CTSSC MINUTES May 13, 1991 page 3 Kay said that why he asked if there had been any accidents there. He said he goes there twice a day and has never seen all c ideents Clark said there hasn't been any accidents. making this request according to manual. He is worried due to the fact that Red Dobster, is far exceeding their parking capacity. People are parking right by the entrance making it un3afe. There needs to be staeXkng. That was designed to be a temporary thing that the Owens Farm request could havd remedied. Chadwick said one thing that must be dealt with is traffic coming C, off of southbound 135 and exiting coming right into Jack-N-BOx. Clark said staff is working an the Highway 71 (Dallas L-rive) project. Part of this project is to take a road down underneath and hook into San Jacinto road. our transportation modeling is E projecting that you can take enmewhere between 6,000 W 81000 ears a day off that intersection ,.^Rd get them coming into the west aide of j the mall. It will take un estimated 41000 peo,)le a day off the f ramp. The push is to get the State Highway Department on the 135 project to correct all ,port ramps and do some major improvements. STAY? RECOMMEN'DESi Approval for no o-turn COMMISSIONERSi Kay made a motion to deny ataffi request for no u-turns. Smith f} seconded the motion. Kay and Smith voted in favor of the ? motion. Goren Chadwick, Amador, Baldwin( and Guess voted against the motion. Motion died. Baldwin made a motion to accept staff's recommendation. Cuegs seconded the motion. Motion passed wi~h favor. Gi1KaY and Chadwick, Amador, Baldwinr and Guess voting Smith 'E voted against the motion. j I j 0995E I t r , t , E j Y14. E I CITY of DEWON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) b88-8307 ONloe of the City Manager M H M 0 R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Sveh)ra, Deputy City Manager DATE: August 1, 1991 SUBJECT: Truck Route Ordinance Council was concerned about contractors being able to return to thoit homes. The attorney has revised Section 18-54 to allow for only the tractor portion to be operated between the hours of 1OtO0 p.m. and 7:00 a.m. This will allow the contractors to return home. If you have any questions or we can provide any further in£ormat we would be happy to do so at ye»r, convenience. I i Rick Svehla Deputy City Manager i RS:bw 5441M r Attachment i i f' I gin. . r etwpdocs\tkrt,o I ORDINANCE NO, M AN ORDINANCE REPEALING SECTIONS 18-51, 18-52, 18-53, 18-54, 18.55, AND 18-56 OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO REGULATION OF TRUCKS AND TRUCK ROUTESI AMENDING + DIVISION 2. (TRUCKS AND TRUCK ROUTES) OF CHAPTER 18 OF THE CODE OF s ORDINANCES OF THE CITY OF DENTON; ESTABLISHING DEFINITIONS) ESTAB- LISHING DESIGNATED TRUCK ROUTES AND REGULATING FOR DEPARTURE THERE- FROM; PROVIDING FOR EXCEPTIONS= PROHIBITING CERTAIN USE OF RESIDEN- TIAL STREETS/ ESTABLISHING REQUIREMENTS FOR THE OPERATION OF CON- CRETE TRUCKS; ESTABLISHING A MAXIMUM VEHICLE TOAD LIMIT; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATION THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Sections 18-511 18-52, 18-53, 18-54, 18-55, and 18-56 of Chapter 18 ol- the code of Ordinances relatin to regulation of trucks and truck routes is hereby repealed.. g i) SECTION rr, That Division z of Chapter 18 of the Code of Ordinances iu hereby amended and shall read as followst { 1` 1 DTVXSION 2. TRUCKS AND TRUCK ROUTER sea. 19-5;. betinitinna~. ( The following wards and phrases, when used in this article, I shall, for the purpose of this article, have the following meanings Commercial vehicle shall mean an motor designed or used for the transportation of pp ro ort , not including a passenger bus , panel delivery truck or pickup truck~nger automobile, Garage shall mean a place of enclosed shelter or repair facility for vehicles. Gross vehicle weight shall mean the total weight of a vehicle including any load being carried by the vehicle. r i i V F i i I Motor vehicle shall mean every vehicle as herein defined which is self-propelled. Pole trailer shall mean every vehicle without mo- tive power designed to be drawn by another vehicle j and attached to the towing vehicle by means of a f reach, or pole, or by being boomed, or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capa- ble, generally, of sustaining themselves as beams S between the supporting connections. Residential street shall mean a street whose pre- dominate purpose is to provide access to abutting single family or, two family residential proper- ties. r; Semitrailer shall mean every vehicle of the trail- er type so designed or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle. Trailer shall mean every vehicle without motive power designed or used for carrying property or f passengers wholly on its own structure and to be drawn by a motor vehicle. i i Truck terminal shall mean an end of a carrier's line containing a trunk yard, dock and lighterage facilities, management offices, or storage sheds for vehicles or cargo. Truck-tractor shall mean every vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a t I part of the weight of the vehicle and load so drawn. Vehicle shall mean every mechanical device in, upon or which any person or property is or may be transported or drawn upon a public highway, in- cluding motor vehicles, truck-tractors and semi- trailers, severally, as herein defined, but ex- cepting devices moved by human power or used exclusively upon stationary raila or tracks. See. 10-52# Truck routeaf use requiredi exceptions. It shall be unlawful to operate or cause to be operated upon any public street within the corporate limits of the city any PAGE 2 I r commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof except on such street or streets as are designated as truck routes. The provisions of this paragraph shall not apply: F (1) To a vehicle traveling to or from a truck terminal, garage, place of repair, place of performing a service or a place of loading or unloading, over the shortest C practicable route to a point on a truck route. Any such vehicle shall be permitted to proceed from one i point not on a truck route to another such point without returning to a truck route if to return would unreasonably incrc,ase the distance to be traveled between such point. The operator of any such vehicle shall have in his possession for inspection of police ` officers, his log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of the vehicle on a street other t than a de-aignated truck route and shall present said evidence on demand of any police officer for this ' excAption to apply. f (2) To an emergency vehicle operating in response to any emergency call. (3) To a vehicle operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of such public utility or providing maintenance service to such Paoilities. (4) To a city-owned vehicle operated for public service, i.e., garbage pick-up, street repair and water service. Bed. 18-63. Truck routes designated. The following portions of streeta, to be used in accordance with the provisions of this article, are hereby established as ' truck routes: 1 Airport Road (P.M. 1515) from Interstate 38W to the Mun'oipal Airport. Bell. Avenue from Mingo Road to the in'.,erseetion of Eagle Drive and Dallas Drive. Carroll Boulevard from Sherman Drive to Fort Worth Drive. Colorado Boulevard from Spencer Road to Loop 288, Country Club Road (F.M. 1830) from U,S. 377 (Fort Worth Drive) to the south city limits line. PAGE 3 9 LFICVC~up. .vr.vEjp. Dallas Drive from the intersection of Eagle Drive and Bell Avenue to Interstate 35E. e Eagle Drive from Interstate 35B to the intersection of Bell Avenue and Dallas Drive, P.M. 1173 from interstate 35 to the west city limits line, j I Fort Worth Drive (U.S. Highway 377) from Eagle Drive to the sough city limits line. „ Interstate 35 from the north city limits line to ?ntox•state 35E and 35W Junction, Interstate 35B from Interstate 35E and 35W Junction to the south city limits line. Interstate 35W from Interstate 35.E and 35W Junction to, the south city limits line. s Lillian Miller Parkway from Teasley Lane to Interstate 35E. t f Loouat Street (P,M. 2164) from Sherman Drive to Eagle DrivA, Locust Street (P.M, 2164) from the north city limits line to Highway 77 (Elm Street). Loop 288 from Interstate 36E to Interstato 35, 1I McKinney Street from Carroll Boulevard to the east city limits line. Mesa Drive from Highway 380 (University privo) to Barcelona Street. Mingo Road from Ruddell Street to Bell. Avenue, i 1 Morse Street from Loop 288 to Mayhill Road. f Prairie Street from Looust street (F.M, 2164) to BAIT Avenue. Ruddell Street from U.S 380 (University Drive) to Mingo Road. San Jacinto Boulevard from Interstate 35E to Colorado Boule- vard, Shady Oaks Dkivo from Willow Springs Drive to Woodrow Lane. Sherman Drive from the north city limits line to Carroll Boule- vard. Sponoer Road from Loop 288 to Mayhill Road. PAGE 4 a `j rif 1. TF....-.. y Kited` A <'r~ 1 f q( I ` Teasley Lane from Dallas Drive to the south city limits line. r U.S. 77 from Interstate 35E to Port Worth Drive. U.S. 380 (University Drive) from the east city limits line to j the west city limits line. Willow Springs from Dallas Drive to Shady Oaks Drive. Woodrow Lane from McKinney street to Spencer Road. ase~ 18-54s certain use of residential streets prohibited. No person shall operate a diesel-powered truck-tractor with it trailer combination on any residential street between the hours of 10:00 p.m, and 7:00 a.m. Seq. 18-55s operation of concrete Trucks. S ( k (a) The owner of any vehicle used to transport ready-mix concrete shall file with the City Engineer a surety bond in the amount of $5,000, and conditioned that the owner of any such vehicle will pay to the City the cost of repairing all damages to streets by reason of the operation of any such ~ f I vehicle with a tandem-axle load in excess of thirty-six thousand pounds (36,000 lbs.). (b) it shall be unlawful to operate a vehicle transporting ready-mix concrete unless it contains a functioning device attached to the concrete chute which 'craps concrete. Sea. 18-56. Maximum vehicle load limit. (a) It shall be unlawful to operate, cause to be operated, or I permit to be oporated on any public street within the City, a motor vehicle or eoit~bination of vehicles having a weight ` in excess of any one or more of the following limitations: (1) In no event shell the total grass weight, with load, of any vehicle or combination of vehicles, exceed eighty thousand pounds (80,000 lbs.). j (2) No axle shall carry a load in excess of twenty thousand k pounds (20,000 lbs.). An axle load shall be defined as the total load transmitted to the road by all wheels whose centers may be includel between two (2) parallel transverse vertical planes Porty inches (4001) apart) full width of the vehicles cross the extending a (3) The total gross weight concentrated on the highway surface from any tandem•-axle. group shall not exceed i thirty-four thousand pounds (34,000 lbs.) for each such I r~ PAGE 5 r 3 /~YIVr-~-Yr,Ve~V u i i f ~ i tandem-axle group. "Tandem-axle" is defined as two (2) or more axles spaced forty inches (4010) or moreapal~t mmon from center to center having at least one (1) common point of weight suspension. (b) The provisions of section 18-56(a) ohall not apply to: (1) Any parson operating or causing to be operated a motor I vehicle for which a valid permit for thEt operation of t overweight equipment used for transporting commodities which cannot be reasonably dismantled has been issued by the state Highway Department under the provisionta of i TEX. REV. CIV. STAT. ANN. art. 6701a (Vernon 1977), as x ( amended; (2) Any person operating an eimcargency vehicle ;i.n response e to any emergency callf (3) Any person operating a vehicle for the purpose of r constructing or maintaining any public utility in the r, City of Dentoni or t~ 4) Any parson operating a City owned vehicle while per- ( forming public service, i.e., garbage piok-up, street s repair, and water service. (c) Vehicles used exalr.tsively to transport ready-mix concrete shall be operated In accordance with the weight pro isions of TEX. REV. CI:V. STAT. ANN. art 6701d-12, 1977, Supp. 1991), as amended. No vehicles regulated by this paragraph shall carry a tandem-axle load which exceeds thirty-six thousand pounds (36,000 lbs.), a single axle load which exceeds twelve thousand pounds (12,000 1bs.), and a gross load which exceeds forty-night thousand pounds (48,000 lbs.). (d) Vehicles used exclusively to transport milk may be operated if the distance between the front wheel of the forward i tandem-axle, measured longitudinally, is at least twenty 1 eight feet (281), and the maximum load carried on any group I of axles does not exceed sixty-eight thousand pounds (68,000 lbs.). { I (e) Vehicles used exclusively to trnnspcr.t solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ANN. §361.003 (Vernon 1991), may bra operated upon the public streets of the City of Denton with a tandem-axle gross load not to exceed forty- four thousand pounds (44,000 i,bs.) , a single axle gross load not to exceed twenty thousand pounds (20,000 lbs.) and a grams load for the vehicle not ovided cehad sixty-four thousand pounds (64,000 lbs.) p PAGE G - - - - t 6 vehicle is to be I)peratOd with a tandem 000 xle l)ad n excess of thirty-four thousand pounds shall have flfiled with as F Highways and Public required by TEX. REV. CIV. STAT. A1113. art. 8'01d-10a (Vernon 1977). reason to believe that the gross lawful weight axle load of a loaded motor vicle is ti (f) Any peace officer having authorized to weigh the nsamo by meprovided herein, is ' G means of portably or stationary scalesand rtoa sane be weighed by require that such any public weigher, ; such vehicl.e be drivon to the the event the bmaximumggross F the urposht or a~ of waighinq found t exceed by weight or axle load of such the maximum weightoauthori.zed more than five percent (5$), ss the ! by law, such peace aPficier may issue a citatiointsunlsuedeby the operator possesses a valid overweight permit Texas Department of Highways and Public Transport~exas.or the commissioners Court of the county of Denton, seo, 18-57. Penalty provision for violations. Any person, partnership, limited partnership, association, or f` corporation who fails to comply with the provisions of this and upon first 31 section shall be guilty of a misdemeanor, ' conviction shall be fned a marethan TwomHundred b llars +($200) e andton Dollars ($25) 6) nor a aeacnd ou nor more tconviction 4 han Two Hundred Dollarse($200), EittiY, I { Dollars ($50) sea, ib-58. Marking of truok routes. I f The City Engineer may cause to be posted appropriate signs and markings giving notice of designated truck routes. That if any section, subsection, paragraph, j x, application 1 sentence ,i~d uses phrase or ward in this ordinance, or app. affect court the thereof to any person or cicumstance is hold ~ialn by any r of competent jurisdiction, suala holding validity of the remaining portions of this ordinance, and the City council of the City of Denton, Texa.a, hereby declares invaliwiuld have enacted such remaining portions despite any suoh y. That this ordinance shall abecono nd the effective four- City rom th3 date of its passage, Igo teen ( (141A) ) days f is hereby directed to cause the caption of this ordinance toiai offi published twice t Denton,1 Texas, withinrten,(10) day of the newspaper of the City of date of its passage. PACE 7 i l i j i 1 I PASSED AND APPROVED this the day of 1991. 1 BOB CASTLEBERRY, MAYOR s l f i ATTEST= t, JENNIFER WALTERS, CI'T'Y SECRETARY i BY i APPROVED AS TO LEGAL FORM: DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: s i { i PAGE 8 [ 4'oP~ldfyy 1 1 MGM , 1~!'~ I Denton Police Department { 221 N. ELM I DENTON, TEXAS 76201 f i TO: Rick Svehla, Deputy City Manager FROM: Paul Abbott, Police DATE: 08 02 91 SUBJ: Seat Belt Compliance Grant The Police Department has obtained application for a State Highway Department grant for the enforcement of the mandatory seat belt law. This law was effective in September, 1985. This is a one year grant and is fully funded by the State to pay overtime salaried for police officer to enforce the seat belt law. I A recent compliance rate survey conducted by the Special Operations section of the department revealed that the City of Denton has a 54% compliance rate for seat belt usage, We are currently wor)(ing under a three month grant from the State and hope to bring this rate up to t; 65* complianne by September 1991. The additional one j year grant would make it possible for the traffic officers tt to work toward bringing this compliance rate up to 704. The Federal Highway agency is currently conducting a compliance program called 1190 by 92'x, This program is d seeking a 902 compliance rate by 1992, nationwide, The money being offered by the State is ooming from this 90 by 92" program, a 4 in addition to enforcement efforts, the) Special operations ? section has designed and will begin offering a seat belt education program to the citizens of Denton. This program will begin in August 1991 and will be offered through the Municipal Court as deferred adjudication. l ~ { (817) 566.8181 MET80 434.2620 f i M i { Rick Svehla j August 2, 1991 Page Two i The purpose of the education program is twofold. First, the education of motorist to the benefits of seat belt 1 usager and seoondl to demonstrate that the Police Department is concerned with their safety, not just writing tickets. f r . We request Council approval of the one year grant, which would begin October 1991 and is 100% funded by the State. Highway Department. r Paul W. Abbott Lieutenant Speoial Operations " Denton Police Department 9 I 1 i { E k DRAFT ORDINANCE NO. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR THE TEXAS TRAFFIC SAFETY PIIOGRAM: I AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT: AND PROVIDING FOR AN EFFECTIVE DATE, I ' WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to participate s- with the State of Texas !n the Texas Traffic Safety Program, in { consideration of the valuable public services to be furnished by the Texas Traffic Safety program to the City of Denton in accordance with the Contract attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION-1. That the City Council hereby approves the Contract attached hereto, between the City of Denton and the State of Texas, and authorizes the City Manager to execute said Contract. t SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. MASSED AND APPROVED THIS THE day of August, 1991. k BOB CASTLEBERRY, MAYOR F ATTEST: 4( JENNIFER NALTERB, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORK: 1 DEBRA A. DRAYOVITCH, CITY ATTORNEY 5442M i --T ~ x W P' SI et.vi.. rt# ii&37~ Contract No, n Charge No. VID No. 17560005146000 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT THE STATE OF TEXAS ~i THE COUNTY OF TRAVIS THIS CONTRACT 1S MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the State Department of Highways and Public Transportation, hereinafter called the Department, and _ the rrrr or acting by and through its duly authorized of icer%, hereinafter called the Contractor; For the purpose of this contract, the Contractor is designated as a(n) toes; co.ez,osrnc WITNESSE'TH F Article 6701]-1, Tetras Civil Statutes, declares that the establishment, development, and maintenance of a program of traffic safety in Texas is a vital governmental purpose and function of the State and its legal and political subdivisions; and,, s The Governor of Texas has named the Engineer-Director of the Department as hit 1 representative to administer the Texas Traffic Safety Program; and, The Engineer-Director Has formulated a program,of projects for the current fiscal year called the Highway Safety Plan (HSP), and the United States Department of Transportation (US DOT) has approved the NSP"and authorized the Department to proceed with implementation in accordance with approved procedures; and,' The Department and the Contractor agree to Implement a traffic safety project generally r authorized in the HSP, said project desmbed u a(n~ _ ogwAvy tW?VM0w stt2 NOW, THEREFORE, in consideration 0( the premises. and of the mutual covenants, and agreements of the parties hereto, the Department and the Contractor do mutually agree as follawsi, 1 r AS:R'E9hJ NT AR'ITCLE 1. CONTRACT PERIOD This contract becomes etfectiVe on October t. 1" pr when fully executed by all parties hereto, whichever occurs later, and shall terminate on upta6hde 36 1"2 , unless termination occurs as provided for hereinafter. 6,111 Page 1 of 13 tT - A; {t TEXAS TRAFFIC SAFE"T"Y PROGRAM CONTRACT ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Contractor shall undertake and complete the project as describer) in Attachment A, Approved Project Description, and in accordance with all terms and conditions included said hereinafter. The Department shall provide assistance as appropriate and as specified in p Attachment A. ARTICLE 3, COMPENSATION A. The maximum amount payable under this contract shall not exceed the amount of S 25,040.00 unless modified in writing through an amendment pursuant to Article 5. B. The method of payment for this contract wit be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follom,,st i I 1. If Attachment B, Approved Prgj ,ct Budget, specifies that actual costs will be reimbursed, the amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder, t i 2. If Attachment 18, Approved Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method'of payment, reimbursement will be J based on the specified method. C. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget, TS,e Contractor's expenditures may not exceed any, budget categoryt,;(n the Approved Project Budget by an amounP greater than 5% of the total budget withg4t a written contract amendment, no maximum amount payable shall not bei inpreated as a result of exceeding a budget category without a written contract amendment. j D. To be eligible for reimbursement under thi contract; a cost must be incurred in accordance with Attachment B, Approved" Project Wdget, within the contract period specified in Article 1 above. ; E. Payment of o3w incurred under this contract is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars; A•212 Cost Principles for Educational Institution's; * A-87, Cost Principles for State and Local Governments; or, A•122, Cost Principles for Nonprofit Organirations. 6/91 Page 2 of 13 4.,. j } i~ TEXAS TRAFFIC SAFETY PROGRAM CONTRACIr F. T'hc Contractor agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A. within 30 days after the end of the billing period, The Contractor will use billing statements acceptable to the Department. The original billing statement and one copy L to be submitted to the address shown on the lut page of tbls contract. 0. The Contractor agrees to submit the final request for payment under this contract within sixty (60) days of the and of the contract period. H. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. Ali payments, however, are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal funds are-limited to the length of the contract period and usually do not receive extended funding beyond three years. If both the Department and the Contractor agree that the pro*$ has demonstrated merit or has potential long-range benefits, the Contractor may apply for funding assistance beyond the three year limit. To be eligible, the Contractor should nave a cost assumption plan by the end of the first twelve months and mug have a p4m by the end of the thirty-sixth month of operation of the project. This plan will include a schedule for phasing in funding from l its own resources and the phasing out of funding support from the Department. All puns must be approved by the Department before any extension beyond the thiet, year 1lmiij will be granted. Preference will be given to thou projects for which the Contractor has assumed some cost sharing by the end of the first twelve months, and to those which. propose to assume the largest percentage of subsequent project cosh. Certain; categories of funds may be exempted by the federal government from the time ' limit requirement. Unless exempted All fedarally-funded agreements are considered•to be e subject to the time limit provision. Funding support for all state-funded pnajetu, wig be limited to the tetrd'of the contract.' Any extension beyond that time will bo negotiated on a cm-by-case baslj. ARTICLE 4. LIMITATION OF LIABILITY Because funds are authorized on a fisaal year basis only, payment of assts `Incutved hereunder is contingent upooltha availability of fundx,,v 1 If at. any. time durfnp,ft contraei period the Department determines that there is Insufficient fundinS to continue the projem: thn. Department ihaU so notify the Contractot, giving notice of intent to terminate the contract. Such termination will be conducted in such a manner that will mWmixa, disruption to the C^ontractar and the Departmew, and as'further specified in General Provision 09, Terminadoa. 6/91 Page 3 of 13 rl TEXAS TJUFFIC SAFETY PROGRAM CONTRACT The Contractor, if other than a State agency, shall be responsible for settlement of any mid all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Contractor's claim under this contract. The Contractor expressly acknowledges that ity responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this contract. The Contractor shall defend any suits brought upon all such claims and lawsuits and pay all coasts and expenses incidental thereto, but the Department shall have the right at Its option to participate in the defense of any suit, without relieving the Contractor of any obligation hereunder, ARTICLE S. CONTRACT AMENDMENTS j If at any time during the contract period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufflcien4 a written amendment is to be executed to authorize, additional funds, If the Department and the Contractor determtne to continue project funding. The amendment shall be agreed upon by, the. parties to this contract and shall state the change to the mutual satisfaction of the parties. In no event will the contract period be extended unless a written amendment is executed before the completion dote specified in.~ Article 1. ARTICLE d. ADPMONAL WORK f If the Contractor is of the opinion that any work It lAs been directed to perform Is beyond the scope of this contract and constitutes additional work, the Contractor shall promptly notify y the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Contractor and provide compensation for doing this work on the same basis as the original work, If the compensation for the additional work will cause; the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be- approved within the contract period specified in Article I.., ARTICLE 7. CHANGES IN WORK r When the approved project dews don requires a completed work product; the Department MU'revfew the worli'as specified) in the approved project description. If the Dicpartment finds it necessary to request changes' in previously satisfactorily completed work or parts thereof, the F Contractor will make such rovWosta alt requested and directed by tht: Depdrtinent. Such work will be considered as additional work and subject to the requirements established In Article 6. If the Department funds It necessary to require the Contractor to revise completed work to correct errom appearing therein, the Contractor shall make such corrections and no compensation will be paid for the corrections, 6/91 Page 4 of 13 t L N E`i•; i/ 1i:£dl!Li/~ ii SF TEXAS TRAFFIC SAFETY PROGRAM CON'T'RACT ARTICLE S. GENWAL TERMS AND CONDITIONS Gl. IndemnWcatioa ro the extent permitted by law, the Contractor, if other than a State agency, zfma save harmless the Department from all chirps and liability due to the acts or omissions of the Contractor, its agents or employees. The Contractor also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, Incurred by the Department in litigation or otherwise resisting such claims or " liabilities as a result of arty activities of the Contractor, its agents or employees, Further, to the extent permitted by law, the Contractor, If other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by airy employee of the Contractor I against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Contractor or the Departments 02. Inspection of Work The Department and, when'federal funds are iuvo!md, the U. S: Department of Transportation, and any authorized representative thereof, have the right at all reasonablet times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being, performed, •j If any inspection or evaluation is made on the premises of the Contractor or a subcontractor, the Contractor shall provide and require his subcontractor 4o provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as wdl not unduly delay the work, G3. Disputes and Remedies The Contractor t>hall be responslNe for the settlement, of all contractual and administrativ* issues arising out of procurements entered in support of contract work. i Dlsputes concerning performance or payment shall be submitted to the Department for settlement with tlaa ginea -Directrr acting as referta nit agreement &W not be considood as: speck) ft the, exclusive .remedy for any dlipute or violation or breach of contract terms,.but all remedies existing u lacy and In equity may be availed of by either party and shall be curmulatim 6191 page 5 of 13 rf 1'E:XAS TRAFFIC SAIFFII' PROGRAM CONMCT c,4. Noncorluslon r The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, commission, percentage, brokerage fee, or other any.fee, B~+ consideration resulting from the award or making of this contray ct. If the Contractor breaches or violates this warranty, the Department shall have the right to annul this contract without lability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commisslort, brokerage fee, gift, or contingent fee. t GS. Reportinj Not later than thirty days after the end of each quarter, the Contractor shall submit a performance report using forms provided oa-approvnd-by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, If appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Contractor shall submit the final quarterly report within 30 days after completion of-the contract. i The Contractor shall promptly advise the Department in writing ot'events which have a i significant impact upon the contract, including; 1, Problems, delays, or adverse conditions.which- will- materially affect the ablUty to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the' attainment of project work units by! estab.Ushed time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enetble meeting time schedules and objectives z sooner than anticipated or producing.mora wosk units than originally projected. The Contractor agrees and to costs maintain aU other evidence pertaining and work performed ha eunder and shall make b ch materials avallable at its ofSce during tha, contract period and for three years from the date of the final performance report under the 001 ract, Such materials shaW be made available during the specified period for inspection by the Department the U.S, 'Department of Transportation and the Office of the Inspector Otneral, if the contract Is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions, 6/91 Page 6 of 13 f TEXAS TR&-!nC SAFETY PROGRAM CONTRACT G7. Audit The Contractor hall comply with t re ps requirements covverage stipulated Act othe-f~ollowing, as St, en n ensuring single that the appropriate; • Paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of State and Local Governments," or, OMB Circular A-133, "Audits of Institutions of Higher EdueaWn and Other Nonprofit Institutions. F G8. Subcontracts I • j Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the Department and, when federal funds, are involved, the U.S. Department ' of Transportation. I Subcontracts in excess of $25,000 shall contain, all required provisions of this contract. No subcontract will relieve the Contractor of its responsibility under this contract. t G9. Termination ~ i. The Department may terminate this contract at any thne before the date of completion .4I whenever it is determined that the Contractor" has failed to comply with the condition:} of the contract. The Department shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for terminas;on. If both parties tj this contract agree that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the I perties shall agree upon the termination conditions, including the effective date and the portion to be terminated, Upon termination oi' this contract, whether, for cause or at tha conveniena of the parties j hereto,. all 5rished or unfinished documents,; data, studies, surveys, ports, maps, drawinA models, photograp* 6r. prepare41 byt the Contractor sha11, at the option of the Department, a I become the property of the, Departrent, i i The Department shall compensate the Contractor for those eligible exponses incurred during the contract period which are directly attributable to the completed pardon of the work covered by this contract, provided that than work has barn completed in a manner satisfactory and acceptable to the Department. The Contractor shall not incur now obligations for the terminated portion after the effective date of termination,. 6191 Page 7 of 13 o i~ TEXAS TRAFFIC SAFM PROGRAM CONTRACT' F-ccept with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract In accordance with its terms (including any failure by the Contractor to progress In the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Contractor, Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, ` quarantine restrictions, strikes, freight embargod, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, GIO. Gratuities State Highway and Public Transportation Commission policy mandates that employees of the Department shall not accept any bbrtefits, gifts or favors from any person doing business with I or who reasonably speaking may do bwtiness.with, the Dkpartment under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Engineer. Director, i Any person doing business with or who reasonably speakitg maydo business with the Department under this contract may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in termination of this contract, Gil. C"ompibace With LAWS The Contractor shall comply with all Fede* Shfta and local laws,'statutes, ordinances, rules s and regulations, and the orders sad deereet• of Any courts or administrative bodies or tribunals in any matter affecting the performance of thlr contract; including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensitig laws and regulations. When required, the Contractor shall furnish the Department G with satisfactory proof of its, compliance therewith. G12, Successors and Asslipa l The Department and the Contractor each binds itself its successors, administrators to th6 other toahft ; executors, assigns and party agreenaeht and to-the agccessnrs, exccutors, 43signs ' and' adrAfnistrators of suet other party in respect to all covenants of this agreement., Neither E the Department nor( the Contractor shall assign; sublet, or tr"fer its interest fn this agreement without written consent of the other, G13. Ownership of Docttptentsi, Upon completion or tetminatbn of this ,ovntrac all documents 'ptbpatt it by the Contractor or furnished to the Contractor by the Department shall be defNered to and become the property of the Department, All sketches, photographs, calculations; and other data prepared under this contract shall be made available, upon requast, to the Department without restriction or limitation of their further use, 6/91 Page 8 of 13 I TEXAS TRAMC SAWN PROGRAM CONTRACT G14. Resources The Contractor warrants that It presently has adequate qualified personnel in Its employment for performance of services required under ft contract, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, the Contractor shall furnish all equipment, materials, and supplies required to perform the work authuri:ed herein. i All employees of the Contractor ;hall have such knowledge and experience as will enable i them to perform the duties assigned to them. Any employee of the Contractor who, in the ! opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. i i G15. Property Maaagentent ' 7'he Contractor shall establish and administer a system to control, protect, preserve, use, ; maintain, and dispose of any property furnished to it by the Department or purchased 1 pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not In conspiot with the Department's property management procedures or property management standards, as appropriate, ht: ' 4CFR 14 "Uniform Administrative Requirements for Grants and Cooperative i Agreements to State and Local Governments," or, t' i • OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, r~ and Other Nonprofit Organizatiorrs< Gl& Procurement Standards t Thee Contrtictor shall maintain procurement standgrds which meet or exceed'the requirements, as appropriate, of. I r 49 CF,R 1% "Uniform Administrative Requirements, for Grants and Cooperative Agrr'--vents to State and Local Goveh"nentt" or,~, <iB Circular.A-110,•."Uniforms Requirements for Ghwtti to'Universities;.Nospitals, .utd Other, Nonprofit Organkmiarts, G17. Insurance When directed by the DepartmenU~" C.ontraetor, if other twe a State ageaoy, shall provide or shall require Its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional, insured under its terms, When to directed,, the, Contractor shab provide or shall require its subcomrictor to,furritilti' proof of insurance on forms satisfactory- to the. Department, and'shall' maintain the Insurance during the contract pedod estabWhod In.-Article L 6191 Page 9 'of 13 ~t {r it 6 ti TEXAS TRAFFIC SAFETY PROGRAM CONI'RAC'1' GIS. Equal Employment Opportunity The Contractor agrees to comply with Executive Order 11246 entitled 'Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). F G19. Nondiscrimination C During the performance of this contract, the Contractor, its assigns and successors in interest, agrees as follows: 1. Gomnliance with Reanlationsr The Contractor shall comply with the reguLitions relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract, 2. Nondiscrimlestion: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractom including procurements of materials and leases of equipment, The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a propam set forth in Appendix B of the i Regulations. # 3. Solicitations for Subcontracts. Including nmttent_ of Materials and EAtt11;'mt;alt In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this. contract and the Regulations relative to nondiscrimination on the grounds of race, color, sox, or national origin, 4, information and Regartsc The Contractor shall provide aN information and reports required by the Regulations, or directives issued pursuant thereto, and shall.permit access to its books, records, accounts, other sources of Information and its facilities as may be determitnpd by the Department or the U,S. Department of. Transportation to be pertinent to ascennin compliance with such Regulations or directives. Where any Information required of 'I the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Department or the U.S. Department of E Transportation as appropriate, and shW set forth, what efforts it hai made to, obtain the information. 5, Irmclions fur Noncomalk=: In th "event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the, Department shati impose such contract sanctios,e as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to., 6/91 Page 10 of 13,,. 4 p 1 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT o withholding of payments to the Contractor under the contract until the Contractor complies, and/or o cancellation, termination, or suspension of the contract in whole or in part 6. IucornoraNon of tThe hrough 6 in every subcuntra including shall include the provixions of paragraphs I urrou exempt by the Re PrOcurcmUlts of Materials and leases of equipment, tarts such action with res~tions or directives issued pursuant thereto, The Contractor shall direct as a means of a espe tt t an subcoonsct or procurement as the Department may provided, however, that in the event a Contractor IDes involved in, is noncompliance; ' litigation with a subcontractor or supplier as a result of such directio he threatened with l request the Department to enter into such litigation to protect the Interests of the tor may Department; in addition, the Contractor may request the United States to enter into such litigation to protect the interests. of the United States. r G20. Minority Business Eaterprise It is the policy of the U.S. Department of Transportation that Minority Business Ente rises 1 as defined to 49 CFl3 23, Subpart A, shall have the m performance of contracts financed In whole or in part maximum opal funds. C participate in the j Minority Business Enterprise requirements of 49 C with exlusive of Sub D$ qutn the contract as follows, apply to thu i o no Contractor agrees to insure that Minority Business Enterprises CFR 23, Subpart A, have the maximum o as dented in 49 tE subcontracts financed In whale or in opportunity in the performance of contracts and with shall take all necessary and reasonablpan steps inaorord funds, In this regard, the Contractor Subpart D, to Insure that Minority Business Enterprises have he mard CFR murn opportuni rtuni of compete for and perform contracts, ty to o The Contractor and any subcontractor shall not discriminate on the basis of race, color, national origin, oP sex In the award and performance of contracts funded in whole or in part with Federal funds, i I These requirements shall be physically included in any subcontract, Failure -to carry out the requirements set forth above shall constitute a breach of contract an I after the notification of the De d partm Department or other such reme the. may result in termination of the contract by the deems appropriate. G21. Debarment/Suspension The Contract( prohibited from making any award or Any party which is debarred or suspended or otherwise excluded from or award at an ineligible fortier to participation In federal resistance programs under Executive Order 12549, Debarment and "I Page I1 of 13 M, fy[(~j~j { TEXAS TRAI'F1c SAFELY PROGRAM CONTRACP Suspension The Contractor shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, Whey', requested by the Department, to furnish a copy of the ceriftition. G221 Siptatory R'artranty The undersigned signatory for the Contractor hereby represents and warrants that s officer of the organization for which sheltie has executed this Wntract and that she/he hasi full { and complete authority tc enter into this contract en behalf of the &m, G23. Assurances and certiAoatiust The Contractor attests that the assurances included in Attachment C of this contract and the k certification included in Attachment D of this contract arc accurate and current. r I ! l f i° , j ' , .1•Iit .1 a . i Ik i l . 6/91 Page 12 of 13 j s F, E TEXAS TRA>i FIC SAr"'1r`TY PROGRAM CONTRACT IN WPTNESS WHEF.EOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT, THE CONTRACTOR THE STATE OF TEXAS CITY OF DENTON Certified as being exearted for the purpose and effect of activating and/or carrying (Legal Name of Contractor) out the order, established policies, or work progrsm heretofore thorized by the State Highway and I j au and Public I IIy_ Transportation Commission under the ' (Signature) authority of Minute Order 82513. Lloyd V. Harrell, CITY MANAGER (Name and Title] fay August 1, 1991 Traffic Operations Engineer S Date ATTEST: Date r (Signature] p (Name and Title] e Under authority of Ordinance or 4. Resolution Number (For Local Governments) i CHARTER SEC. 5.03 (9) Mailing Addresses I a For the purpose of this agreement, the following addresses shag be used to mad all requireki notices, reports, claims, and correspondence. For the Contractors For the Department: z CxTT Of 091" (10) SlAtm< DEPA`"BXT OF Ilx9WAtM1_ND:._ ' 215 x "alum MLIC THANSPtla'TATION DEt1m TuA9 76201 P 0 WX $067 DALLM TEW 75221-3067 6/91 Page 13 of 13 A i I tgFKHI~~ 1 ATTACHnNT A OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) ' CITY OF DEWMN CONTRACTOR I• A.UTRORIZATTONS This contract implements Task B of 92-04-02 of the PY92 Highway Safety Plan. TT. PROBLEIi BTATEMkNT: °r The State of Texas has had a Mandatory Use Law (MUL) for. safety belts for the past 4 years. Since that time, Texas has seen safety belt use rise to among the highest levels in the country. As of June 1790, usage in 18 Texas urban cities was approximately 67.6 percent. i According to the Texas Transportation Institute, Texas A & M {i University# statewide correct gild passenger restraint use was recorded in March 1990 at 48.1 percent. The child passenger restraint law was implemented in 1984 for infants o and children from 0-4 f' years of age to protect them while , riding in a car or light truck. Statewide correct usage for this age group in 1989 was 45.54. The Statewide goal for fiscal year 1992 is at least 701 j safety belt ueie by drivers, front seat passengers, and children ages 0-4. The contractor has a safety belt use rate of 54 t, and has a correct child passenger restraint rate of W#, III. OB~TECTIVR~ j To increase safety belt use among drivers and front Sat passengers by 16 and child safety seat use by * by the end of the contract period. Nothing in this agreement shall ba interpreted as a i requirement, formal or informal, that a police office lotus a specified or predetermined number of citations in pursuance of the Contractor's obligations hereunder. IV. , WPWSrftTT- A. Carry out the objectives of this contract by implementing the Operational Plan and the Action. Plan in this attachment. rev 6/91 page 1 of 5 s . z B. Submit all newly developed public information and education material for written approval from the Department prior to final production. Reproduction of National Highway Traffic Safety Administration or other governmental endorsed material is permissible without Department approval. C. An Administrative Evaluation summarizing all activitiesi and accomplishments will be submitted on Department approved formic, no later than 45 days after the contract ending date. D. Attend meetings according to the following: I , 1. The Contractor will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and present a schedule for the following quarter'swork. 2• The project coordinator or other qualified person will be available to represent the Contractor at i meetings requested by the Department. E. For out of state travel expenses to be raimbursable, the Contractor must have obtained the approval of the Department prior to the beginning of the trip. A copy, of the documentation of that approval: must accompany the Request for Reimbursement. Contract approval does y riot satisfy this requirement. f re Maintain verification that wages or salaries for whfoh reimbursement is requested is for work exclusively related to this project. { G, :In addition to STEP enforcement activities, maintain non-STEP traffic enforcement arrests jurisdiction-wide .at not less than the level attained prior to contract approval. H. Ensure that 954 of the hours planned for each month are actually worked that month, and that 90% of the enforcement hours for which raimburseraent is olaimed are spent at STEP s!.tes as specified in the operational plan in this attachment. xe Contractor must ensure that each officer working on the STEP project will complete an officers daily report form that, is approved by the Department. Je contractor wilt ensure that no officer above the rank of Lieutenant will be reimbursed &or enforcement duty. K. Support the enforcement effort with public information. 6/91 page 2 of 5 rev ME 11011 t !.s~e;yritr m. te,~ntA F~ V. ~,{SPONSIBILITIES OF T1II' DEPAI2T!ffii'PS A. Monitor the Contractor's comgliance with performance obligations and fiscal requirements of this contract. B. Provide program management and technical assistance as appropriate. C. Reimburse the Contractor for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and I within the time frames, as specified in Article J. j D. Perform an administrative evaluation of the project at i the close of the contract period to include a review of f adherence to budget# Action Plan and attainment of objectives. VI. PERf'OIMANCE INDICATORS: The following performance indiea*ors, when applicable, shall be included in each Performance keport and summarized in the ! Administrative Evaluation. A. Total number of safety belt citations issued by STEP OP. I B. Total number of safety belt citations issued by Policy ' 1 Department excluding STEP figures. oil s C. Number of child restraint citations issued by STEP OP. r G D. Number of child restraint citations issued Jay Police Department excluding STEP figures. E. Percent change in observed safety belt usage (Administrative evaluation only). F. Number of brochures, posters, and bumper stickers distributed. 0. Number of special events, news releasoso public I presentations, fairs or that promote occupant protection. H. Number of officers receiving training in conducting occupant protection courses for eitizenst and/or 1. Number of eititens.attending occupant protection courses in lieu of traffic fines. 2. Number of occupant protection course sessions offered. rev 6/91 page 3 of 5 i I E VII. ~j'kTIONILL pNi S-TEP ~ZTIN(S) DAY (S) or or NIRIPTION DAY REEK 1 WRIM L- DAY- 7 DAYS/RK i i ' ;The PD say work during dayligbt boars on any day of the week as lord as the contract budget is not exceeded. i j ;I. s rev 6/91 Page 4 of 5 i ~l n 1 ACTION I!uw actiVit yy for occupant Protection STEP $ : C . Ce~vlated activity tm revised i i ACTIVITY RESPONSIBLE OC NO DE JA PE MR AP My JM MT FF 1. Centrsest deli~erp "tin- Department P 2. Smbmit reiaborsermt request snd Project Coord. P P pesrfor~re Reports. pepatteeemt 3. Contract progress review. Contr"tor P P T ~ 4. 1lsvmlop sad subsdt press releases. tfom Plan. project Coord. P 5. Submit Cost Assumr 1 Y~ P 6. gubnit Administrative walnatim- Project Coord. page 5 of 5 1 i s a.a~,. r, n .,rdJ InkIM+.cnMwm..•o ' wa• , , r ATTACHMENT B t f APPROVED PROJECT BUDGET CITY OF DENTON j SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) OCCUPANT PROTECTION F j LABOR: f a r 1 100 A. Enforcement (Overtime) t1 1. Traffic Officers: 700 hours 0 $21.00 per hour - $ 14,700.00 2. Sergeants: 200 hours 0 $24.50 per hour = $ 40900.00 E s 100 B. Staff and Supervisory Support (Overtime) 1. Project Dir. (Lt.): 96 hours & $30.00 per hour e $ 2,880.00 2. Clerk/Typist: 40 hours 0 $14.00 per hour f 560.00 r_ 300 C. Travel and Per Diem up to State Rates: $ 480,00 TOTAL LABOR COSTS = $ 23,520,00 s}t.1 OTHER DIRECT COSTS: ! 700 Mileage 5,910 miles 0 $ .25 per mile = $ 1,480.00 (Actual Cost not to exceed State Rate) TOTAL OTHER DIRECT COSTS $ 19480.00 TOTAL CONTRACT AMOUNT = S 26,000.00 FEDERAL 402 FUNDS (100%) ■ $ 25,000.oa E it 1 i r i I~ T s 7 r E; +1 ATTACHMENT C STANDARD ASSURANCES The Contractor hereby assures end certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, at OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-14 as they relate to the application, acceptance, and use of federal or state funds for. this project. Also, the Contractor assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing thorizing the filing of the application, including all unden ~ h au assurances contained therein, and directing and authorizing as he of cW representative of the applicant: to act in connection the application and to provide r such additional information as may be required. 2, It will comply with Title VI of the Civil Rights Act of 1964 (PL•8&352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receivcs federal financial assistance and will immediately tape any measurss necessary to effectuate this agreement. 3. It will comply. with Title VI of the Civil Rights Act o[ 1964 (42 USC 2000d)`prohibiting employment discrimination where (1) the primary purpose of.* grant is to provide employment or (2) discriminatory employmnt practices will result in unequal treatment of persons who are or should be benefiting from the'grant-sided activity, 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91.646) which provides for fair and equitable treatment of persons displaced,as a result of federal and federally assisted programs, 5. It will comply with the provisions of the Hatch Act which limit the political:,sictivity of employees, 6, It will comply with the minimum wage and maximum howl provisions of the Federal Pair Labor Standards Act, as they apply W hospital and educational institution employees of State and local governments, 7. It will establish safeguards to prohibit employees from using their positions for a purpose that Is or Jves the appearance of being motivated by a desire for private gain for themselves or others, part;~ularly those with whom they have family, business, or other ties, 8. It will give the sponsoring agency the, access to and the right to examine all records, books, papers, or documents related to the grant. 6/91 Page I of 2 f. r Alp "I F_ 1 ATTACHMIENTD Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: I (a) Are not presently debarred, suspended, proposed for debarment, declared E ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted 5 of or had a civil judgment rendered against them for commission of fraud or a ; criminal offense in connection with obtaining, attempting to obtain, or per. forming a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, for. gory, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently Indicted for ur otherwise criminally or civilly charged by a~ a governmental entity* with commission of any of the offenses enumerated in fy paragraph (1)(b) of this certification; and e 1 (d) Have not within a three-year period preceding this applies tiors/proposal had one or more public transactions* terminated for cause or default. (2) Where the CONTRACTOR is unable to certify to any of the statements In this certification, such CONTRACTOR shall attach an explanation to this certification, *federal, state or local 1 I Form 1991•A 4tl9 t ~ t; i7' 1NDARD ASSURANCES, continued It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements, 10. It will insure that the facilities under its ownership,' lease, or supervision which shall be utilized in the accomplishment of the project are not listed.on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consid r . ittion for listing by the EPA 11, It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93.234, 87 Stat. 975, approvdd December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for,use In any area that has been identified by the Secretary of the Department of Housing, and Urban Development as an area having special flood hazards. The- phrase "federal financial assistance" includes any form of Joan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance.. 12. It will assist the grantor agency in its compliance with Section 106 of the National Hisi6ric Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593,"and the Archeological and Historic Preservation Act of 1966 (26 USC 469a-1 tS IM) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties. listed in or eligible for inclusion In the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and i notifying she federal grantor agency of the existence of any such properties, and by (b) ,.omplying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such' properties, 13. It will comply with-Texas Civil Statutes, Art, S99'6a, by Insuring that no officer, employee, or member of the applicant's governing body or of the applicant's contract shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consaniruinity, to wl member, of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body, member related to such person in the prohibited degree, It will insure that all Information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art, 6252.17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art, 6252.17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution, f'91 Page 2 of 2 ATTACHMENT D Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the bestof its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspende.i, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted f of or had a civil Judgment rendered against them for commission of fraud or a K criminal offense in connection with obtaining, attempting to obtain, or per- forming a public* transaction or contract under a public transaction; violation s of federal or state antitrust statutes or commission of embezzlement, theft, for. gery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; t (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission of any,if the offenses enumerated in paragraph (1)(b) of this certification; and ,I { (d) Have not within a three-year pariod preceding this application/proposal had one or more public transactions'" terminated for cause or default, (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. *federal, state or local f jru lure 0 nj Ia j i i 1 f 1 t 1 CITY COUN'CII y 3 f l x S' f t j r. # opppp0~d0cl co e o Ac v I o° w~~Op~° N. Y tp~ppJ 44COGGb~4 iI a i CITY of DENTON, TE"S MUNICIPAL BUILDING / 215 E. MGKINNEY / DENTON, TEXA` 76201 MEMORANDUM t 1 DATE, July 311 1991 T0: Rick Svehla, Deputy City Manager FROM: Paul Iwuchukvtu, Traffic Engineer Associate 4 SUBJECT: Supplemental Parking Agreement with the University of North Texas i The University of North Texas has requested control of parking on several additional portions of city streets, The original contract was dated August. 31, 1981. The said contract empowered the University to regulate parking on certain portions of streets within the university area. The Citizens Traffic Safety Support commission has approved this request. The university is seeking permit parking for better control of student parking and to aid residents in the area. The areas requested for no parking designation' will require separate no parking ordinances prior to UNT implementing the new changes. The attached resolution will enable the Mayor to execute this supplemental agreement. N y ~ rJKc~wl~cr~~-' Paul Nu-Miu wu 0995>r 4 i 8171566.8200 D/FW METRO 4341,529 err{{{ F. re1l1.1±~ ;1, ! r low 14~ • giHpdCC9\untr , I RESOLUTION NO. - AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN A RESOLUTION THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE DEL14- t GATION OF AUTHORITY TO REGULATE PARKING ON ADDITIONAL PORTIONS OF, CITY STREETS ADJACENT TO PROPERTY CONTROLLED BY THE UNIVERSITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CI'T'Y OF DENTON HEREBY RESOLVES: s t Ste; That the Mayor is hereby authorized to execute an agreement between the City of Denton and the University of North park- Texas delegating to the University thetauuthoriat to r gtoate party ing on additional portions of city ? controlled by the University. ON That this resolution shall become effective im- _ { ~ upon its passage and approval. mediately { PASSED AND APPROVED this the day of ! BOB CAS TLEBERRY, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY L 4 j 5 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: r r % i j II j e:wpdocs\untpking ),_r, bv~ , 'y ! /41 AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON This Agreement is made between the City of Denton, Texas, hereinafter referred to as "the City" and the University of North j Texas, formerly known as North Texas State University and here- inafter referred to as "the University". RECITALS On August 31, 1981, the parties entered into a contract in f which the city, through its city Council, delegated to the University the authority to regulate the parking of vehicles on certain portions of public streets in the City of Denton lying within or immediately adjacent to the property controlled by the University. t I The parties now find a modification of the provisions of the prior r;ontract is needed to include additional portions of public 4 streets in the City of Denton. f ` AGREEMENT The second paragraph of the prior contract is modified to include additional portions of public streets in the City of Denton. The City, through its City Council, hereby delegates to the University the authority to regulate the parking of vehicles on the following public streets lying within or immediately adjacent to the property controlled by the University, to-wit: Avenue D, east side, from Hickory Street to Mulberry Street; Avenue D, west side, from Sycamore Street to chestnut Streets central street, east side from Highland Street to Maple Streets Chestnut Street, north side from Avenue D to Avenue E. j Edwards street, north side, from Avenue t to Avenue D; t Maple Street, north side, from Central Street to Welch Street; Mulberry Street, north side, from Avenue D to Avenue CJ f Sycamore Street, north side, approximately Four Hundred (400) feet from Avenue C to Avenue D; and Sycamore Street, south side, from avenue E to Avenue D. i It is expressly agreed by the parties that this Agreement is supplemental to the contract of August 31, 1981, which is made a part by reference, and all terms, conditions, and provisions of the original contract are to apply to this Agreement and are made a part of this Agreement as though expressly rewritten, incorporated, and included herein. SIGNED AND EXECUTED this the day of , 1991, by the appropriate representatives of the City and the University ' and effective upon all signatures to this Agreement s' CITY OF DENTON, TEXAS UNIVERSITY OF NORTH TEXAS j f BY., BY., BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY a , ~'l BY F E 1 ~ t f PACE 2 I B avrnars:: p ULV. AVE F z i AVE. E r v AVE. D a 0 1 11 AVE. C m 3 c~ r cn AVE, 8 AVE, 8 0 I F AV E. A AVE , A CENT RA i I WELCH 1 D i i i }tI f ~ I j MINUTES Citizens Traffic Safety Support Commission ! December 3, 1990 PRESENTS Carl Guess, Mike Amador, Alice Gore, John Erwin, Marilyn Smith, Dawn Baldwin, and Doug Chadwick, Chairman i ABSENTt George Kay and Jonathan Cott STAFFS Paul Iwuchukwu Manual Coronado ) Jim Dotson ! ITEM 11 APPROVAL OF NOVEMBER 5, 1990 MINUTESt John Erwin made a motion tv) approve the minutes as written. Mike Amador seconded the motion. Motion passed unanimously, R ITEM M2 LOADING ZONE ORDINANCES Iwuchukwu said Bill Thomas, Thomas Furniture asked that the commission postpone this issue to allow time for a study by the loading zone owners. Chadwick asked if the commission wanted to move this issue to February 1991, University of North Texas is closed until the middle of January and this would allow time for an accurate study, } Erwin said the issue had been delayed much too long. He recommended I that the commission make a decision at the January meeting. STAPP RECOt;MENDED: Commission to decide 'r COMMISSIONERS: Erwin made a motion that tho commission postpone this item until t1:e January 1991 meeting. Gore seconded the motion. Motion passed unanimously. g ITEM #3 REgUEST FOR AMENDMENT OF THE UNT REGULATION AGREEMENTt T Iwuchukwu said a request had been received by the University of North Texas for amendment of its parking regulation agreement with the City. The amendment was specifically for the City to delegate ? to the University the authorAty to regulate the parking of vehicles on the following public streets within the university great 1, Highland Street, north side, from Avenue C to Welch Street, a) This area was first used as angle parking for commuting students, it was then turned into a bike path, which has since been removed, The area is currently a `No Parking' zone. i k."1 CTSSC MINvres December 3, 1990 page 2 b) PROPOSAL: Make this area angled parking with 2-hour motors to serve Matthews Hall, the Womens Gym and Willis Library. „ 2. Chestnut Street, north side, from Avenue D to Avenue E, a) This area current'.h has parallel parking and "No Perking' V zones, i b) PROPOSALS Due to the heavy tratfiu and UNT shuttle routes, I change this entire area into a sNo Parking" zone. 3. Avenue D, east aide, from Hickory Street to Mulberry Street. a) This area currently is parallel parking for commuting { students. b) PROPOSAL: Make this area parallel pernit parking for dorm residents. i- 4. sycamore street, south side, from Avenue E to Avenue D. a) This area is currently parallel parking for commuting students. b) PROPOSAL: Continue using this area as parallel permit parking for commuters. t j 5. Edwards Street, north side, from Avenue E to Avenue D. a) This area currently is parallel parking, i b) PROPOSAL: Due to the narrowness-of the street and lack of a curb, make this area a "No Parking" zone. 6, Avenue D, west side, from sycamore street to chestnut street, a) This area currently is parallel parking for commuting studentso k b) PROPOSALS Continue to use this area as parallel permit parking for commuters. 7. Mulberry Street, north side, from Avenue o to Avenue C. 4 a) This area currently is parallel parking for commuting students* b) PROPOSALS Continue to use this area as parallel permit parking for commuters, 8. Central Street, east aide, from Highland street to Maple Street, ~ i a) A portion of this area 300 feet south of Highland street is used as parallel parking for dorm residents. E 1 IItr SJAS { M CTSSC MINUTES December 30 1990 page 3 b) pRopOSALS Use this area as parallel permit parking for dorm residents- 9. Maple Street, north aide, from Central Street to Welch Streeto a) This area currently is parallel parking for commuting ! students. SAL9 Continue 'do use this area as parallel permit b) PROP0 ps.king for commuters- 10. Sycamore street, north eider approx. 400 feet from Avenue C to Avenue D. a) This area is currently used as parallel parking for dorm students* b) PROPOSALt Continue %:o use this area as parallel Permit parking for dorm students- the erefor r ' iwuchukwu said the university withdrew request f1. Th university was only interested in pursuing items 2 - 10 in the above 1 amendment list. Iwuchukwu said the notice for this meting vase published in the UNT { Daily to notify students of the proposed amador abstained from voting. j STAFF RECOMMBNDED% hpprOVal COMMISSIONERS1 Erwin made a motion to accept.staff recommendation. Smith seconded the motion. Motion passed unanimously i ITEM #4 OBNERAL BUSIN8581 Lane and a) safety Improvement at the intersection of Teasley Hobson Lane Iwuohukwu said Council member John Trent requests that A study be done to improve safety at the intersection of Teasley Lane { and Hobson Lane. } twuohukwu said he met with Dwight Birdr Resident Engineer for ' the State Highway Department in Denton to see what safety a f, enhancement is the edesignrprocess Of the impending twideningsof intersection Teasley Lane. They feel the State's improvements will enhance the safety of the i tthe state's planaukwu said he would contact the councilman about Meeting adjourned at 5345 p-m. 09309 t ti~ f.l 111 ~l;Yd~ bi,'+ ~~I1,'t r q . }5 T, 3 i 1 t , l a 1 d ' '1 ti • It. IP, I jt} C~` ~1?rrTY I 4 F'1 Y'l ~M yr~sy. ~ y+~4 r g1~7~1• 11 ~Y. fir. tt ti , ! sy i 7q +iF±'Ii~ "jj l 11. I,r~~ « 'I t~k .S ` r>~ ~t t t5uc~ v: x .r i ~ r nos. 1" ~ ,'T r ~ Nf rte iY''4/fit l ~ ti S ~ 57 f 01 -A 3,10 l Y mr 10 _3t } o a 105 ~ 5 . , 4Q 16` } 44 41 412 ~I l a t fit, u ~ iz COR I NTN I r IAKF DALUNSo 17 r(~ 1 Ai X ,tt,•,' 301 107 IIGHl.~N 302 VILLAG 313 131 5r' tf 'full, rte{ tif. j't' r, a tm: lea/ .y.wwa p OW r ~ ~ I r ~ :r, 31t~ -p~3~1y1 113 E 7 LYII.~ 303 307 304 O FLOWER MOUND 309 ✓10 {rtr'i~r 1R 'nyY i t ' 312 t W. I S kl ;i I ~ -e♦ I 1 9 ~ ,mI N.. r l~ /i I f fir. " tr,J.. ~ V r r i I I r ~ I I ~ J ws s , f Yom,. I _ J J. i I N n _iL + T I l ~ 7 T IS/ pe nu IN:1 J~, , \ •,r_1" J, I ! rl +i`.. 11 ~ l~ } l/ ',b ~1 i I(~y,. f,vr : }.J r~ 1A J_ t l nl ~J t ~ ,11 ~1 p,_ s ~1 55 ¢Yi n~a 1 . ~ V f. nrmJ ~ NZ; 'f / ~V _l/~... 1`,'~L.,,H "c-` /d_ j Tr~Y; l i / n •i r \ e r I~'' r Y •v~ t Y I rr ` n ~ ~ .~1, Y-. !li ' ,.,r ~r91.1f iirtyll~t 7r 'r ~ 1 r ~ aar rr 4 t 1 r I, ~J , '1' hC1~M rr~tr, n r / 4 I E I ( ' ~ r I 11 4 r ~ y ~ ~1 Y \ ♦ J I t ! ! , ..ra lr - 4811 0 ~w,r., ~I~ ! ~ .,~'/1 ~~~1.(,If ~t dw, r r!. d 11 I ~~1 r a , 1r7. Il._.1 t ~1 }iA xl 1 v ue . v onNr ~I r . m w ' r r e r , k ,a et o „ • w..,, of 1 ~ ~ , a a o 1Tr51rH ij Denton 300 Land I-35 at ; oop 288 Denton Texas we 1q, ttMi `a~ 4~y __nTn. Location: Northeast side of Interstate 1-111Oay ; f 35F., brtween existing Loop 288 and , ~!rF - Mayhl' Road, Denton, Denton County, - - - Texas. Property Acreage; 300.448 gross acres Zoning: PD-91 - Mixed use ,C \\f`Frontage: 5,844,34 feet along the IH 35F access " road 1,097.12 feet along Loop 288 " - - = I - 1 nYn._ Ib85,10 feel along Mayhill Road ti I 1 Utilities: All public utilities are available to the +r site. E?asementst The site is encumbered by a high voltage electrical line involving 10 acres - 0' 1~q within a 70 foot easement, and the •r•~M~, i*~ k~, • , _ right-ofNxy of the Union Pacllic Railroad which physically' sepamtes the site into two pfeces. The site is also improved with two streets which have t not been fully completed or dedicated 1 to the city, Building or Dad Restrictions: None Adjacent Development: Vacant land to the south and cast; recall development adjacent to the Interstate condor to the west; multi•famlly and single-family residential and retail to s the north. The area also features an ` abundance of vacant land, nu. n,n "sue 1 Highest and Best Use: Mixed development Including multi- family, retail/comtrxrolal, office and t ,-i light Industrial with the emphasis placed on multi-family development. Current Use: Vacant land i 1 Topography: Let,::. to gently rolling. Soli: No adverse conditions were found to i exist, { Tbrms: Cash j price to be f Price; ~s,5t~!•eecr determined 1 Price Per Acre: $28,307 per gross acre flI Lamps d: 7547.900067.00-1 r' acne i Contact: connci: FDIC ASKING PRICES /acre /S. ft. brr,rMUN ilul 5080 Spechum Drive FDIC 4/91 $28k $0.65 Suite 1000E Dallas, Texas 76248 (or t.o he determined) 1.800-800•EDIC REYNOLDS-6/91 $24.5 $0.56 yen REYNOLDS-6/91 $17.5 $0.40 (authorized sale amnt.) t bSulAmcn TMs tiler Is Mundrd sn prm9de interested pnics wish prc];mimry lnformtWn only and is nol s solfeiution to offers and does n onstirvie an o* r to sell. I'DIC rtsents the right to wiihdnw any properly At any time, fot any sasnn. Any Wm Aft sub)fa Lo the "ppMnMl of she dtletated Mic rodatfs,. PaT03'dltJ Z f it FDIC Federal Deposit Insurance Corporation 5080 Spectrum Drive, Suite 1000 East Dallas, Texas 75248 (214) 701.2400 DOW consoWcir " OMice ! l j i April 22, 1991 Mr. Tom Niederauer Tom Niederauer & Associates 400 S. Zang Blvd. Suite 925 Dallas, Texas 75208 ! Dear [fir. Niede.rauers I am attaching property data that you recently requysted from ther.FDIC,.Marketing Department. I This asset is still available for sale. If you have further ! questions, please call the owned Real•Est:ate Marketing Department at 1-800-800-FDIC.. i I Sincerely, Gr~a Lynnnham Account officer ORE Marketing F , i E , i3 ties j PLANNING 1 EVF:IAPMENT Tom U T CONSULTANTS Niederauer AND ASSOCIATES July 31, 1991 h Mr. George Forbes gr, y, p, for Administration Andrew Corporation- 10500 V. 153rd Street Orland park, Illinois 60462 Res Rezoning of property in Denton, Texas at Mayhill Road and H-35 Dear Mr. Forbest we represent the owner of the property that is adjacent to ogle of your li 1715 acre tract fronts on the east side of tracts in Denton, Texas. Our. you IH-35, and is south of Mayhill Road. Our norchanget noourrProperty cand° zoni with your property, We are Plan seeking a Department staff has Informed me of have responded to that. The by~ letter from you. I have left your opposition tD our toning request j messages for Mz, Joe Yickline at your Denton plant for the last few days, but have not yet heard from him. f wince Mr. Iiickline informed as in June We are surprised at your opposition, From the technical reasons deduce that that he had "no problem" with out request. I can only is not familiar stated in your letter (screening and setbacks), someone has Z+■t"&•rorIt~the Dea7ton zoning code and/or with the properly Ovztioperty would cause no screening or setback Impact We are especially curious since your property that abuts on your property, property, ours to zoned exactly the aatee as the category that we are seeking. Ao to our zrsoning, we are In agreement with the spirit of the DALUA D&Uk_ [ 12Qment pia, we believe that the plan Is pro-quality davelopm<ant, End that 3 it's implementation will be beneficial to all property owners. As fella to k property owners, we would be very Interested in your >at eec lopposit, this plan, and/or why you think the plan is not in Your I will continue to reach Mr. Wickline, to see if there is any so:ution to your problem, However, since we are neighbors of sorts Iywill extend myUIf to you. Please fee] free to call or write you you have questions. given iderln4your position. tte above information, we .mould app sincerely, Tom Mlederauer TOM/bda ct Teresa parker, Manager tiff Properties pU. Box 15036 I NCNB Texas Plaza (214) 9424470 Dallas, Texas 036 75201 l 4011 S, 'Lang Blvd., Suite 925 1 `It !.1 B , Tom PLANNING T DEYEIAPME YMENT CONSULTANTS Niederauer AND ASSOCIATES June 21, 1991 Mr, jot vickline Plant Services Manager Andrew Corporation 2701 Maybill ?Rd' 6205 Denton, Tx Dear Mx. itlck]lnec re g our zoning application at the City of Thank you for your inquiry 4 the tract that my client owns, Denton. M promised, t am enclosing a map of not own If you will notice, we do and for which we are seeking rezoning that tract . part of our some of the property along the frontage road. is mere the palm readez, service stations etc. 10 located, therefore it its net pa application. s zoning that there would be of %A9 I assumed because of the innocuoueMnalu re stated toy + Y port to NY client ou m better fax little concern over our request. robabl develop His guess isptliat the market for this sevetal months ago was that the property other uses and in smaller tracts. His g ars. I think some of Denton la property will not be evident this ftract lcould better fit with the cltaetaz overt this tier, t h with other land neea. Although not a large amounts savings during that much time would offset the costs of reconfiguring ti►heean xiate time. If you still have give me a Call. land and even subdividing it at the apProp 1 concerns, ur any questions please do tazallY not appreciate your support for our adiacent property owner, we no application. hill Rd. right-of-way line tract Swaps, We will be negotiating the new May with the City and with the reps of the FDIC tract to the north. I AN etc. waiting to hear from my client as to how he wants to pracead. Thanks for your time. Sincerely, Tom Niederauer TCN/bda enclosure (zifdzlte.106) ct Teresa parkerriff property Manager Karen pesharis Planners City of Denton po. Box 15036 (214) 942,4470 Dallas, Texas 75201 NCNB Texas Plaza 400 S. Zang Blvd„ Suite 925 r z.I~ i B`GGS ANO ■ND1 6 BOX 2B6 817-566-1313 OENTON, TEXAS 761201 FINANCIAL ARCHITEC9 1 t I August 6, 1991 RE: Zoning Request Z-91-007 Mayor Castleberry and Members of the City Council ( I am C. William Biggs of 607 Pearl, Denton, Texas. I am in favor of Zoning Request #Z-91-007, at Mayhill Rd. and 135E. to 'rezone the property from Commercial and Light- Industrial to Agriculture. f. I have been a resident and businessman in Denton for over thirty years and am aware of many past disagreements of Up-Zoning in our community. I think you can see the results today of this type of 4oning evidenced .by 'the quantities of property being taken over by the RTC and the FDIC-.' Mr Niederauer spoke to me about this property in January of 1991, and my assessment was that Down-Zoning .this.property would be well received. In my opinion, as a citizen and realt-or' in this community, we should support the Development Plan that was-,adopted a .,few years ago. As a zealtor and a taxpayer, I am concerned about the potential for the FDIC to "dump" land on the market for a quick sell: Ttsis""ran set ;a serious precedent as a real estate comparable which could be!used to lower taxes in the whole area. -I support this Zoning Request as I think it would be good for our community, and I encourage you to support it as well. Thank you for your consideration. i Sincerely C. William Biggs 607- Pearl Denton, Texas 76201 • t ti 1 516 S e1'zl' E 31.71' l FJP ~ u«erM . Ire r rip 8~1, 04 A. APVALT ROAD Ar r e~ w o^ ry 1 +y V s 5 y Y p A? L/E A N D E R.9' . H X L SURVEY A 62 3 FIP S 7g Je'E0 ~ O JF J23.1y. d roll kc at FIP ~ ' RAC 4 a k ~'T .632 ACRES COMP ~ w POt,119r PQ~ Zp iEkA9 Y ^ ,I, '1 ro 6a REG•earr0 I TRACT ? ✓ WItMvJ PR«Po•tD FtP Fl 0. 418 ACRES 1 'fb'uTi~~N~SMf. „ a x 60'2. Fe~r•KrNr 3 $ ,ti ao« R.WORtvt) ( • 4v o ,I a N q~~p• 1.050 AcRES r0m col ar IN BOTH MAC rs jl . ~O ELI M N aT. er y ~"P Kip ~P013 Jse.a9~ N >e'JS~ao• ar J7e,9z~ . IKt ~'RSt,~ r ~,'P'~~N as • /T'IGyNA!Y 35E j , _\l nor I ,a I l GRAPHIC SCALE IN FEEL 7,10"71 i j ~~~TI~II11I1~1.~~~_, ~-'-W ` yrVr rr rrrY r I l ' r„„ r1 IYYML ,W J' yr rYV rFI . UG`ryWY WIY N Yrl, Wrl' IYrIIr 11 l.y 4, Ly. wlwwvn M h W r Wrr 1 ' M JIrM irlY J60 40 l. Y' r W IM, 'MYl. lMww• Ilr r,yYlr rr.MW Ir NI ~M / V, W r W J.O IV. r'rWIIrW.tnww n'. t++ 1 ~r Mllrwt Y rr+r N' 1~` 1. 4 Ir.t+u 4rY M 1w rlr.rr lwnrr rwr WrW M IV. ~ Y~irw jag. {wMYll'Wr'•.IW. l+wW rrr+~ Wr rIIY A+IY JIN IV, ~~Itll„trl u. ELEMENTARY lC/WOL TRACT ± J TY MAP, mw rYNVrr rINY w.r New.. / I~ • rw+ N w rrvr.tY•►twYr / rMM 11II` M IF =OlEllti r 1 II rYr VVr Mw.Y1Y UWrrY 11\+M ~11 , 1 Yr ~ , Wrr rq. y.M+'t✓~'IIrY r~cwr \ I . rY/1 WtlIII W yrwtrrl + I ~ ~ iF I'1~ M I I. ` r I ` 1 wr~M f WfWIfM ~jwrtYw+r 11 ru - , - nY•rM.:.o eww wlw V r 1 - 1 J'711.Yrw 1.: O sl ..N...Iw .jam w .•r r..r++~l,sr l~r + AMF VVV ~ \ f~ L, , G ' 1 , kYr~r ~wi~ tM~iW ~ I 7ii+lr ` / I ~ M,fN7 r b w p ~'~L^M~ t l /Wyrr' 1 MN.IWI - F'= - vx-.. M1tt I~W^ M i M 1I • rN~ ~ 1t L. lrJ1` t ro l raww 5! W FQ G5A56M {N11 TNr 153iV W Ir+ OthilMM/ l: In.IY rwt Nw A~l~ ~ ~ kLxrlC{rrltr, tC,,,J■,tiwl'1~?'s.l,.~, w E - ' T4i ~C~ j.lwrlr J~ M,rl • YYr ;r'rYrrNii Y l wr ~ KAY ~ I~MPfMN' IIS ~ r~'lYli ~a ~n rrM DIIIfM Iw ww RJrr 3.lrl ~r~..i ~a.MAr,Y.'~•">•rsM' ~ QM {{Y,~~"__rLI~,~rl s•,w,,:lrr ...r.r..... ~Ry it Ana Cwu'G, r.lw l+rwllYry«w NI Yrw' / II,_~A-----IO.•OE MN 7TdIuIµ" L., p4wW jitmm SwWY s,,„y N,.r .71r Art, {/.RTI G., ![.tN IM,. IIYYHrr+I rMI MYN rr, YW rlIYM`i i Rµ rl AWWIt iL.'IY."iw+wr 1/WUW,w I+rW T7U/Yk1•Y11t'LS1:L~~ IY'Ir CL•'I...r r•1.7. , - o-l.+..`Ywr, r r.r+rw Yr r r..lrl r r 1 »*au w i . , Q V gg I ~ R pvMtC SCk[ lM Ktr e ~S Ry~Y. Po R, A M•gU V E Y Ao 1e .fir y Cn S 3TSa'~Jr E 30o 071 i eya. eae. % rye 1 r a v ? Jr. 100 le \ Ue 1 t o$ K 1 ypr N'1r' + I , rAp J~j~~~'l ~o^r se• Hs s re wN.lssja 1.114 Ml, OAP 1 , fC 1 1 1 \ N16,~,At1 tll~~ \q i I M ` fe. 5D.16' 4 4Ito f A F 11 w.~rr NEtADp'I.EK ENGINEERINtl ~pHPIltIAiIUN tAQlKte1A0 1 M/Nr.'lAOr JtwKFIAC NI„ ~IIMI rMt~ ►IK KMMi MH~,~ ~f1.IN/. t CURRENTS CONFIOURATION ,7.4;9,A cps i N.G.F. 1 ►.14A to. sMKY. A•Ne, A'd t IN[61 vNNhMEY1 re~1/3[ I ' MIAr _ ~ SCALE DA4E JOE s10. TWO PAPCELS pruFl.Ix nrtlurASAa1 twi Io 1At. l~ 100 2/ rce at .970059 nee i .aafo;! .J♦ aL5S.~t f. 1^ 1 A \ 1 \ ~ ~ M/M'h lfKl J>r /ttf ~uRV~y t \ 'I gP, R _950 I 4 1 R IV ~ Y A EIIXp 8 d~°;• e. 7~10'JS~ S u ;1f htiP .y~ il• 2JmOr71' 1 0 ` , I `fe• , e ♦~I. '''air ` ~ , t d d+W uxKw-1`f`,\ ar' ♦ ♦ , e \f \ ~*f 1' ` \,b \d + \ fir. , 10` 1MUf!I , ♦ ~/r~ i I i7y[ftN{-11 L M\\,` ``\~'fBC:I G7 fflM -IS' a K.1 U1 Up. k ♦♦1 ; ` ro. K. ` I } \ vas rI F Jl 1 IhYOltl IY 1.0. r. ~6. M 956.16' f t KT EX ENGINECRING CORPORATION y fAOJKkAI'wC 0 HAMY1*0 r J1.+1'f rJHc ~ tt .wt rp.N ertrl Oe.ea. 1t.1f »ql ALTERNATE A \ »tl,tetf«r>,.t 11 17rA19ACRES ' IN ME ~ aafrav N~~ a,ln _eqv_ dae ea. THREE PARCELS scl cE ae7t 70W " ,f u«x r. ter a rre uroeril C (fM10 _itf loo' t1 eta $7 Qly(JO5$ I L S C R pl,,wm ~txt nrmr 1 P R *A ' 0 6 rye' 35• 6 P• - 9 5 y~ s tt ~ s, A 241A,79 11 th.s 33'S6'3t' R U Y 4i ; 300 0 S \ r ~ 4fra°,. 8 4041 - y % eweY .yh_!1'If 11e " Ik ` T. 1`, ~~7\\ Ail 41 I s~f' 1~ ~_lt' S KA rASfNtNt ! *41 41 te` JP, JJd,. ` q 950,16' w e5'°3' 16 z J olAvTTON r \ NE7R ENtlIPt Cp rtVY~ t041W l+~O~1NCC+elAC • hdAhw ANN'1kc M1 • SIJV r[ '¢Sy4 M4t1 YYHIIe {".'°'M MIN IMN, Nf1~11~•lMfip f ALTERNATE N 17/4 9TwCRES i '~4 Mflf 1. 1 116f R. f0. V11VCYf: A•VA, tl M {f0[M MA[K,I l1AVtV ft.l AO r 1 !f Nfd' DRAW SCALE OAIC 1 fM0 !10 'THREE PARCELS ° la kae ennf N cxtuto otc ~ 100' 2~ e66 e7 870058 !DC il0+t NAI , „-..n,.,p H, x.a': , t. h, i,§ ,t ~f I , ti R pnuX %Ni CN Iiff EON W A 1 3 G 0 ~ M w G UP VEY• A %Bf i G 0. P Re R, 3 5 0 • A II`~+ S R. 291.,9' N'. t V C*** of +4` ^f• /l• JOOr Ji' * 4 3 +,4 t1 S 3e009114* C 40 A • lsf. lr,f X 1 I .e " D ♦ 4 I 1 N s5'eJ't6' N N AAWI METROPIE% ENbItING CORPVjAV } NIh 1LL NMO~Yl,l r!ti xuKw Nq ALTERNATE c M419 ACpES IN tK OAA t FAA. to, PAVtr, A-#%. ONO rfir IF rotOCOM.rov~o~a+a tvwfi l fpi°g ov PARCELS MIeNI M., ioe, from X10, u«ef Ift ages fnsn cNfhrD tlL Ir + 100' 21 Kb Df A70O56 ,d~fAwt.,.ir.i4slt♦. :~=.i'.c;s !f r , , ♦ (C 1`h ey b GI Ry~y. A S R*g y A a. t9le.rs' a` s' . x/L° 56o.ar 380 07, t t~3 s ♦ / ♦ ♦t ls~l } Y 4re'P/. 4M, I/! `'\1 it, rrlrrr y , 1 41 too, LIW ~ S 1'N'69' M lil.SP is , h.+' . • C ~ Tye o~ >e`' rr3 t h Af~ D mot ~y V1 4 rr'A/1 I .rtrnyy M, r.r.r. F J/. i N 6!'43' 16' M ♦ ~ ~ \ ~ }1ETROPLL1t EMGiNEERiNG COaIPUFF1fON LrolMrr~rnr r otrlw/!.tl r N«Kr1H0 rrin cif"i tr e"'a"raw : «n.. ttne~"!'~>••;ra q }r. 11.419 ACRES Nl~ ALTERNATE D TM 1HE 1 a,a,a ro, ewwc+. +-w r«e 1 }i t1L com 0 XC®R ~VMt A rr Nm eft a ror re nnlw +d/. SC1LE Oe1E JJ9 NO ; r r, y rs rnu+u cxrcrr0 500' 21 FOUR PARCELS ,k fE6 01 870058 L7ryv . e._... S. t s t S1 F; a ( MEMO #91-051 Tox Mr. R. svehla, Deputy City Manager FRQ%: J, L. Conk, Jr., Fire Chief ~N DATE: 6 August, 1991 RE: OPENING STATION SIX: OPTION YOUR concerns raised about the three previous In response to several Station options for proposed Fire nsiderationNumber 5iThe Fourth developed a Fourth option for Council co. option results from several discussions held with a shift iandrB. each shift: (E. Woodruff) A Shift; E. Tomlin v Cole - C Shift]. The scenario for option Four is as follows: i' ' Z. Station six would be built as planned. station one would be 2, Upon completion of station six, exist~,ng closed. 3. Existing personnel would be distributed among Stations 2, 3, 4, 5, and 6. ? q, Nine (9) new firs fighters would be employed at an annual cost ' of $317,004.00. They would be distributed three to each shift. Minimum staffing would increaso from 22 to 24 per shift. 5, A Quint would be purchased which would allow us to place the kl~ snorkel in reserve and redistributes 3 personnel per shift. [5 X then =p20}te with a minimum staffing 3 6. Five ftrec personnel eachld of fou 7. The remaining four would be distributed as follows: two (2) town wn EMS calls and on an ambulance to make out owooper onnel would be in calls as needed. The remaining to drive an ambulance, a booster, or other unit as needed. of a four-member, S. EMS calls would be handled by a response on each medical call. The paramedic engine/ ambulance company nearest engine would always be dispatched, An ambulance with extra driver would the dpatfrom ient one of the two were transferred ti with the with a 5th h person. if paramedics from the first-due engine would ride to the k t , 1 Keno #91-51 (continued) page 2 of 2 hospital in the ambulance. The engine would follow the ambulance to the hospital to retrieve its personnel. 9. Fire calls would receive the three engine acrport companies working man ambulance {3 x 4 = 12 + 1 = 13J. fire, the rehab, snorkel or other unit would also be dispatched using the other 115th man" as needed and/or available. Advantio--n Four' i, E' 1. Annual costs are approximately the same as option III - $400,000.00. Six ated and . The overlap of Stations One and Three is elimin 2 i overall response is improved by opening Station . 3, New apparatus allows 4-man companies. 4 matt companies are , safer and more efficient. i; remodeling and pair of existing stations by 4. Provides delaying hiring by a few months, 5. Not building a combination station allows debt service and tdebe used for Opticom equipment, a 9th fire fighter, service for new administrative offices. 6. Improved EMS services due to a paramedic engine responding on every call. 7. Greater flexibility in use of personnel and equipment. N g, $200,000 allocated for relocation of administration at a later, x date without the need to incur any d I oisadveataaesi 3 1, Implications which result from closing station one. 20 Separation of administrative offices from a fire station. i 3. A minimum number of additional personnel during peak hours. 1 due to 4. result in future "Key Rate" penalties bes d ficientnobY l traditional approach. ; l state/National Standards. JLC/so I 1 y.r= • r tr , t OPTION 4 1 , IllLiCt llltti 016111110 toll In01 MULL Mtlitl COSTS Coils ILIIIIII111:111111111111111111111111111111111111:111111111111111111111111SSILllI1111ltiltftlltllltlllllllll1111tIlli![ll[lllIllllL11111111111Will 1II111IIII III II L Milk miF171D1 1141I01 1111t01tt i19C13 RISC, COS11 1I1M at LIISL IDDCtt COtttll COttu! (150,000 1111,001 #101,800 S1L III, 4 #20,000 "Otl'Otilt ctrl 11•!! 161,000 IO17ltltt OITICOII I 1: #10,800 Nl6,0{ 1o21,00D (111,000 #1!!,960 (191,000 lom 19 1111,001 (11,101 11111110 i 12.91 I ~ III6,D60 ~ S 115,100 (RFC 31 1.00117 Il0,990 110,101 k #is 601 #L1l,1o-e 1111,100 1111,110 {11r,400 1111,000 "m 116,10a #:o,ln I1-11 i 1111,000 111,101 1.10111 111,09D 110,000 4 114,110 #lis,001 1100,1" 116,1" 111},001 1311,990 "tit #10,000 #11,001 L } 1141 1111,111 {11,10 III01} t 111,111 (It Will 1.00117 311,100 11!,{00 i 110,000 11131000 1131,"1 111,10 vv,01 11!1,000 TOTAL 160,000 {11,00 IS-14 1111,100 9 { 116,101 (AN 1) VIA (Ft Ltistl 10PI17 110,"0 111,000 y 111,411 1101,001 IUI,ItI 111,100 1111,141 Ill}r"/ 10111 110,000 Itl,"1 1111,100 4• 111,600 SL'10 31 c' 131,100 fit Well I-vat 110,000 110,001 i (1,000 #306,000 1191,F00 (1,100 1311,100 1111,940 MILL ji0,00 #21,101 1 ' I 1!•1f t 1!11,100 N^ 1111100 {o1C 31 ('N 11 111,110 lot ItlSll It ltASt -00111 144,014 Il1,OM , {1,16D 1311,!06 !1!1,000 11,100 1311,0" 1111,014 rout 111,104 121100 I , j !1.1t 1711,00. (1{,101 (110 tl 111,100 {It Will 1.00111 101100 p,194 (11G001 {3!1,110 II #1!1,000 Its},001 SO18 #00,000 110,"1 11.0 6111,110 116,110 (tk !1 03,t00 (11111111 #o 1.101F1 1F6rD60 {jN,00} 1111,001 1117,010 11 #111,010 jilt,l00 "tll 150,000 (1 1!101!110"i 1) 1 "11110" o1Lttim Inl list 1) MUM 11131 n" 1211 1111111,1" (COISn1 11"117 (11,{191 1) Dcmn !ffil" fit women 11 lOOt Firm! 14f" 1101101111 TOtiL Colt 11010400 11 JIM co17(II 1111 UA31 01 MA SI 11191,03 MMUl WA I It. 41111111111.1,011; i1 1"1tC11It OLOnl1C • 1011 1111 IICKLLS 2 Will 011IMS Hill 101111 litt 110000 I) 11111110 • 1110" IIAlI 110111liaLl 11"11 tunt, 1 (110" 11110 11 SID !10111110 1111000 t 11 lit Multi All 11311 of ItInix 1110.11 ?it 941,11. s h pas+)1r. =1 r 4 CITY of osmrON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 I MEMORANDUM DATE. August 5, 1991 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance k I SUBJECT. 1991-92 BUDGET 1 As you are aware, the Proposed 1991-92 Budget was submitted to City Council on July 300 1991, and was based on a ax rate using the tax roll prepared by the Denton Central Appraisal District. The prelimina roll that was used in the proposed budget valued taxable property at ry2,043,852,257. Since the preparation of the proposed budget, we have received the certified tax roll from the Appraisal District. The certified roil values taxable property at $1,951,304,490, and results in a $92,547,767 reduction in taxable value. 1 Based on the certified roll the effective tax rate, which is the tax rate that ; is necessary to bring in essentially the same amount of tax revenues that was available in the prior year, is $.7038. The proposed budget called for a tax rate of $.6851 per $100 valuation which is lJ8J below the effective rate. If I the tax rate was raised to the effective rate and additional $353,947 in tax i revenues would be generated, y The difference it the appraisal district rxdjustment to the roll, and the loss in revenue after all adjustments are taken results in a deficit of $3109000 s from the proposed budget. I have reviewed potential solutions for dealing with the shortfall and they are as follows: Additional roll supplement increases $140,000 2. Health Insurance adjustments 840000 3. A $,01 Ad Valorem tax increase 1870000 t 4. Sales tax increase (current) 800000 (an additional 1% projection - total 3%)) 52,000 ; 3 (an additional 2% projection - total 4%) 104,000 1 5. Flow Hospital 220000 6. Reduce Contingency Reserve 259000 ) 817/566,8200 D/FW METRO 434.2529 a .11 r Q/1e#4it Ar f "71sY41~ V 1k(~9q{l}! 4 6 Memo to Lloyd V. Harrell August 5, 1991 Page 2 It is my understanding that we will be presenting these alternatives to City Council on Tuesday evening, August 6th. If you need any additional information, or have any further questions, please advise. JFMcG:af 5946F t i t i I i j i t y i { I s f { 4 k cony of viroor x, raus MUNICIPAL BUILDING / 215 E. WKINNEY / DENTON, TEXAS 76101 i i MEMORANDUM t DATE., August 51 1991 r TO; Lloyd V. Harrell, City Manager f FROM; John F. McGrane, EXecOtive Director of Finance SUBJECTS CITY COUNCIL BUDGET INFORMATION REQUEST l Y budget issues three During the presentation of or the maj requests for additional information were made. They were: 1. A survey oe other cities on human service agency funding E: and service levels. P 2.. An analysis of Flow Regional Medical Center, 3, Update on ambulance receivables. attached two memorandums addressing item numbers two and 1 have three. Staff is he additional iinforhmationvis available we will one. As soon as the forward it to your office. JFMCG:af ` Attachments '5 9 4YlF 4 I a' 817/566.8200 b/FW METRO 434.2$29 i Vt. ( r.. 6a q f~ city of vamroN, TEXAS MUNICIPAL BUILDING / 215 E: MGKINNEY / DENTON, TEXAS 76201 MEMORANDUM 4 DATE: August 5, 1991 10: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT, FLOW REGIONAL MEDICAL CENTER FINANCIALS I have reviewed copies of the June 30, 1991, balance sheets for Flow Regional Medical Center (attached as Exhibit A). As indicated, total assets are f $1,9850693.13. Of this amount, $356,017.65 is in current assets of cash and investments. Total liabilities as of June 30, 1991, were $125,527.69. The fund balance for the Regional Medical Center was $1,860,165.44. I have also reviewed the income statement for the nine months ending June 30, 1991 (copy attached as Exhibit B). During the first nine months of the fiscal ? year, the income statement :chows a loss of $35,154.55. This breaks down into r $230,069.36 in net revenues and $2650223.91 in expenses. The largest expenditure for the period is $127,914,91 in legal fees. After reviewing both the balance sheet and the income statement, the outlook for Flow Regional Medical Center at this time looks very favorable. In addition to the cash and investments as listed above, accounts receivable, l which are outstanding patient bills, totals $995,024.50 with allowances for doubtful accounts at $440,641.66. It is my understanding that these accounts f have been turned over to a collection agency. In addition to thflt, non-patient accounts receivables amount to $112,739.64 along with a note receivable of $23,171.21. Also, there is the note receivable long-term which is the amount still owing for the purchase of the hospital of $937,188.13. This information is taken only from the financials of the Regional Medical Center. It does not include any information from the foundation. If you need any additional information, or have any further questions, please feel free to contact me. ± JFMcG:af 5948F Attachments 61715668200 D/FW METRO 434.2529 1 .vx~ah i M1IBIT A FLOW REGIONAL MEDICAL CENTER Balance Sheet June 301 1991 f s~18"' ~,~f j Assets i ASSETS s CURRENT ASSETS CASH IN DANK - OPERATING 529056.23 CASH IN BANK - PAYROLL 0.00 INVESTMENTS - T BILL 248r740.42 i INVESTMENTS - CERT OF DEPOSIT G.C>0 ACCOUNTS RECEIVABLE 995,024.50 ALLOWANCE FOR DOUBTFUL ACCTS (441-ifG41.EG) ACCTS RECEIVABLE -NON PATIENT 1121739.64 ' STOCK CERTIFICATE - BETHLEHEM 2v 280. 00 ` SURPLUS CERTIFICATE - THIE 5^-,001.00 RECEIVABLE - CITY OF DENTON 0.00 NOTE RECEIVABLE - CURRENT 230171.21 ? f; Total CURRENT ASSETS 1,046,371.34 OTHER ASSETS NOTE RECEIVABLE - LONG TERM 9371188.73 s FURNITURE & EQUIPMENT 2,723.00 ACCUMULATED DEPRECIATION (589.54) Total OTHER ASSETS -_x939,321.79 Total Assets lp985,693.13 f rr.rrrrrwsrrrr E Liabilities i LIABILITIES i CURRENT LIABILITIES CURRENT BONDS PAYABLE 0.00 CURRENT ACCOUNTS PAYABLE 0.00 FEDERAL WITHHOLDING 393.00 EARNED INCOME CREDIT FICA 161.75 ; STATE TAX PAYABLE 0.00 i BOND INTEREST PAYABLE 24,972.54 MEDICAID PAYABLE 0.00 Total CURRENT LIABILITIES 25p527.69 LONG TERM LIABILITIES BONDS PAYABLE 1000000.00 DEFERRED INCOME - CITY 0.00 Total LONG TERM LIABILITIES 1000000.00 ^__rr..r rr_ j Total Liabilitirao 123~~2`/.69 FUND BALANCE FUND BALANCE 1,560,.255.52 13AIN LOSS CURRENT YEAR 29"1879.92 Total FUND BALAN08 118600165.44 Pctal Liabilities and Capital l,'85,6q3.13~ s M11BIT B FLOW RCQIONAL MCOICAL CENTER Income Statement Current, YTD, and Ratios 9 Period(s) Ending June 30, 1991 Current % Year -tad-Data I NCIOME INTEREST INCOME - T 131L 11,257,43, 3.5 18,061.96 7.9 INTEREST INCOME - CD C7.OO 0 0.00 0 INTEREST INCOME - NOTE 0.00 U 0.00 0 r LEAD DEBT RE'-"QVEr,Y - A15E C~.00 0 0.00 0 DAD DEBT RED 0VERY - T. 21068.15 5.7 51002. 22 2.2 2AD DEBT li[:, GVERY GEN U. 00 4 0.00 6 t { DAD DEBT RECOVERY - MIS 16.00 0 251,335.23 17.1 STOCK DIVIDEND ,3-BETHLEH 12.00 1:1 36.00 0 MINERAL RIGHTS - ARCHER 0.00 0 18.39 0 MEDICAL RECORDS 0.00 U 0.00 (1 E MISCELLANEOUS INCOME G.UO 0 192,000.00 83.9 GAIN/LOSS SALE OF EWUIP 0.00 0 6.00 0 Total INCOME 3,347.SO 9.3 255,453.01 111.0 N DEDUCTIONS OF REVENUE HAD DEBT WRITE-OFF 33,224.11 52.0 0.00 0 i CONTRACTUAL ADJUSTMENTS 0.00 0 (t,GF49.00) 0.7 ADMINISTRATIVE ADJUSTME (447.20) 1.2 (230725.45) 10.3 Total DEDUCTIONS OF REV 320776.91 90.7 (251,384.45) 11.0 µ Total Income 361,124.49 100.0 230,069, 36- 100.0 f EXPENSES j OALARY EXPENSE 30602.60 10.2 39,562.00 17.2 PAYROLL 'T'AXES 2131.00 0.0 2,1364, 7y 112 j EMPLOYEE DrNEFITS 90.27 0.2 11,220.94 0.5 ~ PROFESSIONAL FEES 5,023.75 13.9 E,T323.75 3.0 LEGAL FEES 0.00 U 1270914,91 55.6 OF'CRAT I NI3 SUPPLIES 23.33 0.1 26;3.88 0.1 i COLLECTION EXPENSE 615,93 1.7 290820.55 13.0 DEPRECIATION EXPENSES 589.S4 1p 6 58'3.9,4 0.3 REPAIR EXPENSE 0.00 U 180.110 0.1 INTEREtT•F EXPENSE 31,031.70 8.4 50, 235.10 24,4 1 RENTAL/LEASE EXPENSE 0.00 U 0.00 0 INSURANCE EXPENSE 0.00 C> (21015,00) 0.9 t COMMUNICATIONS 158.01 0.6 1X214 73 0.5 i POSTAGE EXPENSE 72.13 0.2 549,36 0.2 - 0.00 0 TAXES - ARCHER COUNTY -----0.00 0 lotal EXPENSES 13,611.26 37.7 265p223.91 115.3 Gro=ss Profit (Lass) 220513.23 62.3 (351154.55) IV.3 i Net Income (Loss) 22,513,23 62.3 (35,154.5$) 15.3 aetlemea;s e,dx.aeraae~ntlrttletltl I t , i CITY of DINTON, rXXA# MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: John F. McGrane, Executive Director of Finance q FROM: Kathy DuBose, Controller DATE: August 1, 1991 SUBJECT: AMBULANCE SERVICE FEES COLLECTION i ti In response to a request made by John Trent, below I have indicated current aged accounts receivable charges at July 17, 1991. 0-30 days 31-60 days 61-120 days over 120 days Total l 37,155.00 400493.23 509038.90 91,441.93 219 129 06 Approximately 75% of our ambulance service charges are submitted to Medicare or Insurance companies for payment. Because we do not accept assignment on t s Medicare charges, those payments ($65 of $120 basic fee) go directly to the individual within 6 weeks of filing (the City files Medicare claims). The Individual Is then responsible for forwarding that 'portion of the payment to us and the portion that Medicare does not pay ($55 of $120 basic fee). These payments most often are not received by the City until well after 60 days of billing. The City does not file insurance claims. Although some insurance ` payments are made directly to the City as the provider of services, most are made to the individual. The Clty ;ends a past due notice after 30 days of non-payment. At 60 days, a i letter, of intent to turn over the account to a collection agency is mailed, At 90 days of non payment, the account Is sent to the City's agency for collection. As you are aware, the City has been without an active collection ; agency for several months due to Creditcom's bankruptcy, A new agency has been retained to begin collection efforts in the next few weeks, t If you have any questions, please let me know. KD:lb 5938F r 81715668200 A/FW METRO 434.2529 t.