HomeMy WebLinkAbout04-07-1992
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CITY OF DEN''ON CITY COUNCIL AGENDA L ~
APRIL 7, 1992
Work Session of the City of Denton City Council on Tuesday, April
71 1992 at 5x15 p.m. in the Civil Defense Rocm of City [call, 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 Regular Sessions
5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sea. 2(e), Art. 6252-17 V.A.T.S.
1. Consider settlement in David Soli, v. City of
Denton.
2. Consider action in Texas Waste Management v. City
9L. Lent all
3. Consider action in Gillespie V, City Qt Denton.
4. Consider action in aiJtJl_vs. City of Denton.
B. Real Estate Under Sea, 2(f), Arts 6252-17 V.A.T.S.
14 Discussion of acquisition of land for recreational
purposes.
C. Personnel/Board Appointments Under Sea. 2(g), Art.
6252-17 V.A.T.S.
1. Consider appointments to the Board of Adjustment,
Building Code Board, the Electrical Code Board, the
sign Board of Appeals, the Historic Landmark
Commission, the Plumbing and Mechanical Code Board
and the Planning and zoning Commission.
2. Receive a report and hold a discussion regarding
implementation of the 1986 bond program and give staff
direction.
3. Receive a report and hold a discussion concerning the
provisions of the Tntermodal Surface Transportation Act of
1992 dealing with illegal and non-conforming sign on 111351
U8380 and US377 and give staff direction.
pQenda No. w `7 0~ ~ D//
Agenda Item .
City of Denton City Council Agenda ik:le--_ ~l ZPPaage127, 1992
Apr
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4. Receive a report and hold a discussion regarding a proposal
for in-house collection of outstanding overdue fines and
warrants/amnesty program.
Regular Meeting of the City of Denton City Council on Tuesday,
April 7, 1992 at 7:00 p.m, in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
7:00 p.m,
1. Pledge of Allegiance
2. Consider approval of the minutes of the Regular Sessions of
March 3 and March 17, 1992 and the Special call Sessions of
March 11 and March 24, 1992,
3, Citizen Reports
A. Receive a citizen report from Carl Young regarding parks.
4. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance approving a Speolfic Use Permit on a 21.97 acre
tract of land located on the west side of Woodrow Lane,
approximately 3;;0 feet south of McKinney Street for the
purpose of expanding the Denton County nail facility.
(The Planning and zoning commission recommended approval
6-0 at their meeting of March 25, 1992.)
5, Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be striotly on the basis of the Staff recommendations,
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations.
Listed below are bids and purchases orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 6.A,
6,B, 6.C). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
the Consent Agenda.
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Agenda No. o
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City of Denton City Council Agenda Doie
April 7, 1992
Page 3
A. Bids and Purchase orders:
1. Bid #1342 - Substation Power Cable
2. Bid #1346 - Street Maintenance Equipment Rental
3. Bid #1351 - Trencher - Backhoe
4. Bid #1347 - Nottingham Concrete Work
5. Bid #1348 - Reroof Emily Fowler Library
6. P.O, #23611 - Business Phone System
7. P.O. #23610 - ESRI
B. Tax Refunds
1. Consider approval of a tax refund to Pulaski
Mortgage Co./Martha Sims and Sarah Bronstad for
$534.30.
6. ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services, (5.A.1. - Bid #1342,
5.A.2. - Bid #1346, 5,A.3, - Bid #1351)
B, Consider adoption of an ordinanoe accepting competitive
bids and providing for the award of contracts for public
works or improvements, (5.A.4. - Bid #1347, 5,A.5. - Bid
#1348)
C, Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance wl.th the provisions of state law exempting
such purchases from requirements of competitive bids.
(5.A.6. - P.O. #23611, 5.A.7. - P.O. #23610)
D, Consider adoption of an ordinance vacating an electric
utility easement recorded in Volume 1473, Page 615 of the
real property records of Denton County, Texas. (The
Planning and Zoning commission recommends approval,)
E, consider adoption of an ordinance authorizing the Mayor
to execute an agreement with Freese & Nichols, Inc, for
engineering services related to the design of
improvements to the existing 5000 foot runway, taxiway
and parking apron at the Dentor Municipal Airport. (The
Airport Advisory Board recommends approval.)
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City of Denton City Council Agenda
April 7, 1992
Page 4
E. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement with Deloitte and Touche
for consulting services to assist the City in the defense
of certain pending litigation; and .izthorizing the
expenditure of funds therefore.
7. Resolutions
A. Consider approval of a resolution opposing congressional
legislation that would allow broadcasters to charge local
cable operators a retransmission fee. (The Cable T.V.
Advisory Board recommends approval.)
B. Consider approval of a resolution authorizing the Mayor
to execute an interlocal agreement with the County of
Denton for the construction of improvements to Country
Club Road from U. S. 377 to FM 1830.
C. Consider approval of a resolution authorizing
participation in purchasing programs of the state
Purchasing and General Services Commission; designating
a city representative to sign and deliver all necessary
documents in connection therewith.
D. Consider approval of a resolution supporting the efforts
of the Student Governments of the University of North
Texas and Texas Woman's University to form a joint
committee to facilitate communication with the student
population.
8. Consider approval of a request by AirDenton, Inc. to install
a self-service 100 low lead card-reading system and 24 hour
fueling pump accommodations.
9. Consider a request from the Delta Lodge to allow the use of
amplifiers and musical instruments on Sunday, April 12, 1992
from 12:30 p,.m. to 10:00 p.m. at the North Texas State
Fairgrounds for the Fry Street Fair.
10. Miscellaneous matters from the City Manager.
11. official Action on Executive Session Items;
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
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City of Denton City Council Agenda April 7, 1992
Page 5
12. New Business
This item provides a section for Council Members to suggest
items for future agendas.
13. Executive Sessiont
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
B. Real Estate Under sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel /Board Appointments Under Soo. 2(g), Art.
6252-17 V.A.T.S.
NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin hoard at the City Hall of the City of Denton, Texas, on
the day of 1992 at o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTES THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL, THE CITY
SECRETARYfs OFFICE AT 566-•8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY~S OFFICE.
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Nonce No.
9,
Agenda Item'.l~s-y -
771
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T0: City Manager
FROM: Jackie Doyle, Building official
DATE: March 31, 1992
SUBJECT: Board of Adjustment
This is to inform you that Mr. Ralph E. Morrison, a member of the
Board of Adjustment, pawed away on Saturday 28, 1992. We request
a replacement to the Board of h1justment be made as soon as
possible. This is necessary beuause there is an increase in Board
of Adjustment cases. One of the board members has recently had a
stroke, and at times is unable to attend. With Mr. Morrison gone
it will be difficult to always got the required number of members
present to consider a case. Thank you for your consideration in
this matter.
cc: Frank Robbins, Executive Director/Planning and Development
Jenaifer Walters/City Secretary
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Agenda No.
Agenda llem-~*-
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Agenda flom._Gf~~
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APR - 3 REC'p
February 27, 1992
Mr. Jackie Doyle
Chief Building Official
City of Denton
215 E. McKinney
Denton, Texas 76201
Dear Mr. Doyley
Please consiler my application to participate on tho Building Code
Board of Denton. I have several years of manufacturi.ng management
and facilities management ekperienee and would enjoy helping your
group in any way possible.
incerely,
J as 11 F as
tachment
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CXrr OF DsNTON Agenda No, y~ U l D
BOARD APPOINTMENT ZNFOAMATZON Agenda Item 6
Dalo
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NAM_ 5(~~-5,55(p d
ADDRESS PHONE N0, Agonda o..-~
3(62. mo~TELVTO hRJJ Agenda It0rn ...4)'sL-L-1-
CZT ^7-STATE ZZP CODE jQ Y Q
N EMPLOYER M ~7 r
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E7ESLR)l O .-T f ~O TZ3 ~S l. o l~ r 5 W-0
ADDRESS OF EMPLOYER PHONE N0,
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CXT+D _-WTE ZZP CODE
OCCVPATZON •I
HAVE YOU PRZOR SSAVZCE ON A CJ.TY BOARD? NC
XF YESt PLEASE DESCRZBEt
NAME OF CZTYI
WOULD YOU HAVE A CONFLZCT OF ZNTEREST ON ANY BOARD'! N oa
ZF YES, PLEASE DESCRIBEt _
ON WHXCH BOARD DO YOU WISH T^O snvx?T ~le1ul~ 11 ,4440 _
STATEMENT OF APPLZCANTt F 1 LliaLw~~a/~L%~~+ Ct~KGA~~IOYCu~
N 4 X I MI rL~l~1L ~I41J re rN4t/Gh
q z
ALA-
DATE JSZONATURN OF APPLXCAMT
BOARD MEMBER TENDANO POLICY
Xt is the policy of the City of Denton City Council that Members of the various
City Boards and Comaissions be removed froth office for look of attendance at the
various meetings of the Boards and Commission. Members may be removed on the
following basis
it Seoul" _Itogtinas. Board Members may be removed from office for three
unexeused absences during the course of one year and/or lack of attendance
at 10% of the number of regular meetings in the year.
2. Spacial Called Meetings, Board Members may be removed from office for
lack of attendance at 30i of the number of Special Called Meetings in Ono
year.
An unexeused absence is defined as an absence for which no advanced notification
is given and/or as determined by the Chairman of the affected Board or
Commission,
",Y....M-"Y-Y...M.....-«M-"O....N-----------
OFFICE USE ONLYt
TERM OF APPOXHTNCN211 _
BEOZNNZNO ENDXNO
THIS APPLZCATZON MUST BE PRESENTED TO THE COUNCIL MEMBERS IN EXECUTIVE SBSSION,
AND 90 ACTION WILL 199 TAKEN UNTIL THE $ECOND MBETZNC FOLLOWXNO THE PRSRBNTATZON,
CITY OF DENTON
BO! ApP0INTMNT INFORMM2uo -ell
Ago ndl Item.// --Ae-4S
NAME n Mo 9-
oa l N . e ~te.q 1 PHI NE
CI.. STATE ZIP- CDE ;
NAME QA EMFLO :R I
A RE39 Or £MPL YER PgONE
ITUFAT S ATE ZI DE
L 0
HAVE YOU PRxOR SERVICE ON A CITY BOARD? ~Q
IF YES, OtLUB DESCRIBEe
NAAS 0? CITYs
WOULD YOU GAVE A CONM CT OF INT'xREST ON ANY BOW? ~r
IF YES 0 pLwE DESCRIBE t
ON W91CS BOARD DO YOG wIS>S Tt? SERVE? LA. I
SxA' NT OP ApPGI
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A, &A
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DA
5 G 0? APPLICANT
lk is tea policy of the My e! Damtam city Caunail that kemb~re ed the
various City ' Muds and Cemmit+aiwos be removed tram attiae toll Lick as
attendenait at the variooa aeatiuye as the decade amd Cemslstions, Hesbare may
be 8440 A es the tsllowlay basis$
it 6w84 Masters mar be removed from office !ell
ra umauuse a enaea 41t6l tde eeurse of one year and/or lack
a attsh"ate at Sol ad kM aumbee of "let coatings in the year.
Naard uasoera may be removed ties elllae
at ea isai, at !da e! 40 myWwr of : dpeeiaA Called
roll is me you,
Am useaamsad WwAds to dsfimid as am abaenae tot ALch na advanced
nakitiaatisn is *ives &War as determined by the Chalte~ft of
faerd ell CematsaLo
11►t atfatal
01710 (182 ony-V-
Tsx8 APPLICArxtV:,01STB PAESI~NT 10 TO 'M V
ltXE( ;UTIVE $ESS 1Og; ANA NO ACTRON WILL BE TAl~N UNTIL TgE SECOND
MUTINd FOLLOWING TEE PRESENTATION.
6104A
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CITY OF DENTON 9a -obi
M-11 APPOINTMENT INFORMAT a NO• -
AUon6-1jom ) SI ^
ADDRESS 1 _ (•i ( -
J~,L _ PQ NE
CITY STATE
ZIP CODE
NAME OF EMPLOYER
ADDRESS OF EMPLOYER P80NE
CITY STATE `
ZIP CODE
IJPATION
HAVE YOU PRIOR SERVICE ON A CITY BOARD? N
IF YES, PLEASE DESCRIBE$
NAME OF CIM
WOULD YOU HAVE A
DECOR SECT OF INTEREST ON ANY BOARD?
IF Y,IS PLEASE
ON WHICH BOARD DO YOU WISE TO SERVE? r ;
C.. .111 c ~ -d /
STATEMENT Or APPLICANT
/7L
DATE
SIGNATURE F APFLICANT
BOARD wall &MWDAIICZ POLICY
tt in too yelldy of km city e! Deatma city Ceunoil MIN CIO, at th
att
wtous etwance at this rvatio"d r~njsi of this Reasedo ~ C.oomissions, f Neab rs may
be raaoved en the collaring baoirs
14 Scald Harbors ray be reraved from ofiles ter
too emus aLssnow during* the mrss of ens Yost sad/er lack
so attandsnsa at 101 of um ousbrt of regular meetings to the year,
24 Irarlal Cailad t~actdnMr. toatd Hambeta ray bo rammed from cities
~i as an scam ae !de of %be aurber of spotal 041N
Hootings it am ysat,
Aa uacReussd sbaaaoo is dsfimed ar An abscnes for rkirk no alvandad
noelfldation to giver salver ar dlkatrinsd by Us cW,alra" of %be offedtad
acetd or craalssion,
TERM OF APPOINTMENTi
ENDING
THIS APPLICATION MUSTSMINNING
8E PRESENTED TO Tjjx C
OUNCIL MEMBERS IN
EXECUTIVE SESSION, AND NO ACTION WILL 8S TAXEN UNTIL Tn SECOND
MEETING FOLLOWING TEL" PRESENTATION.
6104A
CITY OF DENTON
80l i APPOINTMENT INFORMATVpj,N,, qa_-D// _
end Item /
PAM
ADORES ~ ~c%b ~ /
C Imo' I NE !a
ST TE ZIP ODE
N~~O~F OVER
ADD gS 0 EFSPLO
CITY NE
9 TATS LL
UP T ON ZIP CODE
HAVE YOU PRIOR SERVICE ON A CITY BOARD?
IF YESP PLEASE DESCRIBEr
NAME OF CITYk
WOULD YOU HAVE A CONFLICT OP7I R
IF YES, PLEASE DESCRIBEr EST ON ANY BOARD?
ON WHICH BOARD DO YOU WISH TO SERVE?
STAT NT OP APPLI
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IG.N T P ICAi ,
NOAl1p M~INN1t JITStNe~~...,
It Is the i+sliar ee the city of Osaton city council that Msmbsra of the
various Citr 'Hoards and Commissions be remnvod from olliae tog lack of
attondanco at the various m s tinge of tha Naords cad Commtosions. Members may
be removal on kilo following bl
Nosed Ihrbaro may
►.as wsaxayN~ a snare durtn4q the "urge of an* from olltas aor re" of attandal at so$ of the aumbor of gpular meetings to o/yiarak
tog -al Called Maatina.
Hoard Mambors may be removed Iron attiae
a~fi Naar.
L0eklmgrmia m sa a at 70t of Us numher Of Npsaial Called
umeaaaasd absence to dalined as an rboence tog while no advanced
motilication is given and/or as detarminsd by the Cbstraam e! the affected
Nord at Cam~ission.
TERM 011 APPOINTMENT$
THIS APPLICATION MUST BE PRESENTED TO E ICZ
S
EXECUTIVE SESSION, AND NO ACTION WILL THE COdNL 1MF.1N$ERS IN
MEETING FOLLOWING THE PRESENTATION. ~ SECOND
6104A
FE5 14190
CITY M.d ACERS f ~'C:
CITY OF DENTON
Wl ~ APPOINTMENT rNFORMAVOO NO.
2 c G. 7,9~ss6 Wto
NAM yi 3 &X C12e cr
ADDA .RS 3 $2-39 2
DtN rpN.kA S PR NE
CITY 9 TATE 761o
ABLTA Flx2 ~t ES .TNC,, ZIP ODE
N Or EMPL4 YER
.--~',r G3"' LuoQ'ri~ xnJr~ A-r,2~Rr ~ ,
ADDS1•"SFµor EMPLOYER P8 rN 3-?y- 2.267 VeP
I TY T'7C
r1~4 OR rtt4XANE cnr TE ZZp DE
OPATI N
BAVS YOU PRIOR SERVICE ON A CITY BOARD? Ye$
IV YES, PLEASE DZSCRIM, pLqugrN/, ~M,,nw $ut VERY coNd
NAME Or CITYs Faa uE N E ch+oot_ LE - atkvs
WOULD YOU HAVE A CONR,IC OP INTEREST ON ANY BOARD?
Ir YESP PLEASE DESCRIBES
ON "RICK BOARD DO YOU WISH TO SERVE?.j+.X4~#,h PIrSNNS~16 017fER
STATEMENT 01 APPLICAMfT1 AQA1 ScNo
IM N1F'tEl'lE'0 R iUE~'p~"""'' e
tNdl'1RE/ f MA p s W vk c v6?NMFNf rM/O TM
~ MN ^
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4Nr Y 2A /491 m n'aiPZNG awum r 7r2F6u~r
D 'PZ ~
TU Or iLI.ANT
SCAM
it is the /eller of tk0 elty of b4oum city causell that Neabors of the
varieas City 'Neaeds WW Cermi•Liora be ramrod tree office ter look at
44tawwws at the wel0ms a••ek t a Of ek• roardo ad caalooiee•0 flamers may
be 04010164 oo 440 !•114mist baet~
1' heard lumbers maS be r•reved leer office log
N nteseua Yeeneas duck! the we$e of one Y449 "d/or 1"k
eff att•mdaace et lot et tm ru "N Af gtplar ro•tims lu the year.
3. 0114460- ft no ~ard N•mkdt ray be rareved from etfleo
of lot et the nus#•r of dual Called
Sumtiays to oat yeas.
An uaesarsed abe•aee to 40tlaed AN as aksesoe tee vhlob so advaee•d
V44!l14etses to ylvem asd/•r as 4044rwlned by 04 Chalrraa of tke aftNeed
>swd K Cartsoion.
TIFA Or APPOINTMENTt
TXZS APPLICATION MtlsTB BE PRUXNTEO TO T E
LxiCUTIVE 9E98IONs AND NO ACTION WILL BE TAXEN UNTIL THE SECOND
MUTING fOLLOWINC T9Z PRESENTATION,
6104A
CITY OF DENTON
BOi F APPOINTMENT INFORMATION
f Agenda Item
NA c=e
11DOR.9s m s s T~ y U s '3 g
~J P8 NE
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STATE P ZIP COQ.
1, 1, v
N Of EMPLOYER r
Isf"
A
D 9 l EMPLOYER PHONE
CITY ti. TATS "
~cu yr~.. y.•r a v C, ZIP DE
UPATI eb
VAV3 YOU PRIOR SERVICE ON A CITY BOARD?
Ill YE3 i PLEASE DESCRIBE t
MANN Of CITY$
WOULD YOU BAVE A CONFLICT OF INTEREST ON ANY BOARD?
I? YEA, PLEASE DESCRIBEr
ON WHICH BOARD DO YOU WISE TO SERVE? v Al _ f it 0 STATZMENT Or APPLI s a
e G
DATZ TU ! P AKT
WAM W181111 &Wl PI
it to the Allay of the city ad katom City Cauneil that Nssbsrs el the
various City 'sel 41w commissions be removed fees affiae far lash e#
attendance at the varies meetings of the weeds mad commissions, Noo l4 may
be removed oo the following baslsi
1. R0, lar Naetlnes. Ward "4111 MAY 1400,004 from olfioa fee
sea "emsused a enae$ during Me Ill e9 one year axwlee lash
e1 Attesdsncs at !dt e! the awter of regular So lAp im the year.
Y• d Neol may be removed fees oflise
me "alp ~ is Br s'ae year. i+ asBoar!Ot ad the nul of syeaial G11N
AN Mosel abuace is 4491Aed u s0, absenc4 for whish AS adre,nae4
nstillsatis0 is gives and/or as determined by the Chate"a e! tho alf"lod
Maid ON Cam iasien.
OFFIM 012 Y s
TZPA OF APPOINTMENT s
THIN APPLICATION MUSTB DE PRESENTED TO TKI COUNCIL MEMBERS IN
EXECUTIVE SZOSION, AND NO ACTION WILL BE TAXEN UNTIL TSE SECOND
MUTING FOLLOWING THE PRESENTATION.
6104A
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COUNCIL
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o0~o~~4p~ OW
C~uC00°
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Agenda No. 12 A
Agenda Itep -LI
CITY COUNCIL REPORT FORMAT Rtle Y~ cpe
T0; Mayor and Members of the City Council
FROM; Lloyd V. Harrell, City Manager
SUBJECT: Repair and Renovation of Civic Center Pool as Part of
1986 Bond Program Implementation
RECOMMENDATION;
To provide a higher quality of service to citizens in Central Denton and to upgrade
the infrastructure of the Civic Center Pool, the Parks and Recreation Department
recommends a portion of the 1986 Bond Funds identified to develop a community center
SUMMARY: be used for the repair and renovatinn of the Civic Center Pool,
With City Council approval, the Park Board will include he partial renovation and
repair of the Civic Center Pool in its presentation at ~lix neighborhood meetings
regarding the. implementation of 1986 Bond Funds.
BACKGROUND; At the direction of City Council in its joint session with the
Parks and Recreation Advisory Board, staff has directed its architect, Norm Hatfield,
to develop a proposal for the renovation and repair of the Civic Center Pool. This
proposal is a part of the Parks and Recreation Depnrtmentts overall recommendation for
the implementation of $2.7 million in 1986 Bond Funds, it has been suggested that the
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; $500,000 designated for park land
acquisition be used for the
Civic Center Pont project.
FISCAL IMPACT:
R4yy. LLY U M 'r TT
6rre 11
City M anager
Pr ared by:
Name-
Steve Brinkman
Title Director f Parks and Recreation
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Appr ed:
a 0e
Title
2633C/3
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Agenda No.
lkemJ
Agenda
Rtlo _ az _
CITY of DffNT0N, riXAS MUNICIPAL. BUILDING / 215 E. McKINNEY / DF.NTON, TEXAS 76101
M E M O R A N D U M
b ~ a a _ ~ p a o 0
TO., Mayor and Members of the City Council
FROMr Steve Brinkman, Director of Parks and Recreation
DATES April 2, 1992
SUBJECTP Civic Center Pool Improvements
At the direction of the city council, the Parks and Recreation
Department has revised the two options for implementation of $2.7
million in 1986 Bond Funds. These revisions direct a portion of
those funds to improvements at the Civic Center Pool.
This revised recommendation includes a major renovation of the
Civic Center Pool. This renovation would require a $500,000
investment from the City and a $500,000 matching grant from the
Texas Parks and Wildlife Local Park Fund.
This recommendation was reached after an analysis and assessment
by Hatfield Crookless Architects and Lawrence Hans and Associates.
It is their opinion that the 30 year old pool requires a major
renovation which would extend the life of the pool another 20-25
years, whereas any minimal ropairs or improvementq would last only
3-5 years.
This recommendation involves converting the shallow end of the
exis'*.ing pool to a more leisure-recreation pool. The pool edge
wou] . begin ~.t : zero depth and gradually slope to about three
feet in 'epth, much like a beach, This shallow crater will
accommodate younger children and those who prefer do simply wade,
splash, or play. The beach effect also accommodates the disabled
since no steps are reqquired into the pool, Water play equipment
would also be placed in the shallow water as added enhancements,
in additiar, because a larger portion of the pool would be
shallow, a greater number of participants could use the pool.
The deeper and of the pool would remain and continue to
accommodate the swim team's competitive needs. The flume slide
would also be relocated to this area. The competitive pool would
be physically separated from the shallow recreation pool by a
bulkhead which would also serve as a runway for lifeguards,
81715668100 D/FW METRO 434.2529
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Civic Center Pool Improvements ApAnria No,
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Pagel_22 1992 Apo.^,da Ilort~,f~,
Opfo_,l7~ z.
The renovation would also include new mechanical systems,
improvements to the bathhouse, decking, new pool and deck
furniture, and additional parking, Attachment I details these
improvements and their related costs.
It is our opinion that this type of major pool renovation would
have a good chance at securing a matching grant due to the scope
of the project and since this facility will remain as the only
municipal outdoor swimming pool. Grant applications are evaluated
every six months by the Texas Parks and Wildlife Department.
Therefore, this process could take over a year for approval. is possible to reapply for the grant if denied on the first
application, as was the case with our grant for North Lakes Park
development.
Again, it is our recommendation that this $1,000,000 renovation
represents the best long term investment of the available bond
funds.
The following summaries detail the costs associated with eaoh
options
otitioR.~
As you recall, this option requires Denton Independent School
District participation in construction of a natatorium at North
Lakes Recreation Center. An additional 10,000 square foot
expansion of North Lakes Recreation Center to a Community Center
would include a regulation size gymnasium, men's and women's
looker rooms, fitness room, meeting rooms, multi-purpose room, and
creates a youth area to accommodate the recreational needs of
young children and teenagers. Renovation of the existing Dania
and North Lakes facilities is also included in this option. The
remaining funds would then be used for renovation of the civic
Center Pool.
Renovation of Existing North Lakes
Recreation Center (11,000 sq.ft,) $ 100 000
New community center Expansion '
(10,000 sq.ft.) 1,000,000
New Natatorium (19,000 sq.ft.) 2 000 Ooo
$1,000,000 - DIED ' r
$1,000,000 - City of Denton
Renovation of Dania Recreation Center 1000000
Renovation of Civic Center Pool
$500,000 - Matching Grant 1,000,000
$500,000 - City of Denton
Total Project $41200,000
DISD Participation (11000,000)
Matching Grant .L SO 0 0
Total City of Denton Participation $2.700.000
s
Civic Center Pool Improvements Agenda No, im
April 2, 1992 A0endal'te/m_a'451 ?O.Z
Page - 3 Oalo
7
Option
$
This secondary alternative would apply if DIED did not participate
in the natatorium funding. It includes renovation of DeH a and
North Lakes Recreation Centers, and the expansion of North Lakes
Recreation Center to a new Community Center. The 20,000 square
foot expansion would include a regulation size gymnasium, locker
rooms, multi-purpose room, kitchen, meeting rooms, youth center,
fitness room, and racquetball courts. The remaining funds would
then be used for renovation of the Civic Center Pool.
Renovation of Existing North Lakes
Recreation Center (11,000 sq.ft.) $ 100,000
New Community Center Expansion
(20,000 sq.ft.) 2f000 000
Renovation of Denia Recreation Center 100,ooo
Renovation of Civic Center Pool 110000000
$500000 - Matching Grant
$500,000 - City of Denton
Total Project $3,200,000
Matching Grant ( 500,OQQZ
Total City of Denton Participation $2.7Qo.o00
sieve Br nkman
Attachment
A3,7002EA
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r Agenda 0o.
Agenda Item GlJs
LUto , 44-
April 11 1992 /jJD 7
ATTACHMENT I (U/
v POOL RINOVATIO
Renovation to $1,000,000 Limit
(Funds: $500,000 in 1986 Bonds and $500,000 in Local Park Fund
Grant/Matching Funds)
TTRX COST
1. Patch the bank at gutter (Allowances) $ 3,000
2. New 25 hp Vertical Pump 80000
3. Enlarge Pump Chase for New Pump 51000
4. Patch Existing Plaster Pool Walls: 11000 sq.ft. @
$3.00 per sq.ft. surface 30000
5. Paint and Dress Up Pool Interior Surfaces -
Walls & Floors: 12,000 sq.ft. surface area
@ $3.00 per sq.ft. surface 37,500
6. Deck Repairs & Minimum Replacement assume 1/4 of
Deck area 50500/4 sq.ft. x $5.00 per sq.ft. 6,875
7. Pool Equipment Allowance 50000
84 Pool and Deck Furnituru (1FF & E) Allowance 10,000
96 New Overhead Pool Area Lighting Allowance 310000
10. Bath House - Additional Improvements (Allowance) 30,000
11. Cook Deck Coating/Surface: 61000 sq.ft. a $2.00
per sq.ft.' 12,000
12. Replace Existing Pool Deckss 61000 sq.ft. @ $5.00
per sq.ft. 30,000
13. New Deck Surface Drainage: 6,000 line foot @ $20.
per line foot 12,000
14. Expansion Joint Dressing: 8,500 line foot @ $3.00
per line foot 21550
15. Pool Depth/Deck Graphics: 30 Ceramic tile units @ 8,000
$300 per unit
16. New Shallow End Handrails: 3 rails (Allowance) 31500
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Agenda No..__~~~
Agenda itam/~
Civic Center Renovation Iblo
Page - 2
17. New Sun Shelter/Shaded Seating #1: 400 sq.ft. @
$65 per sq.ft. 26,000
18. New Underwater Lighting: 2 Dry Nitche with Mtl, H. Lts
and man hole access with windows 2 @ $6,000 each 12,000
19. New Filtration system (tanks) Allowance 70,000
20. Upgrade to Automatic Chemical System (Water Treatment) 40,000
21. Irrigation and Landscape Allowance 30,000
22. New Parking: 110 spaces @ $800 per space 88,000
23. Additional Concrete Pool Deck system:
10,000 sq.ft. @ $5.00 per sq.ft. 30,000
24, New Pool Recirculation system: 10,000 sq.ft.
floor @ $4,50 per sq.ft. 45,000
25, New Pool Floor for "Zero Depth" Pool Configuration
(Perimeter w/p: 550 line foot @ $10.00 plus
Floor: 10,000 sq.ft, @ $6.00 per sq.ft. plus
Exp./Control joints: 550 line foot @ $10.00
per line foot) 67,500
26. New Concrete Pool Bulkhead/ Separation
(61 wide x 451 length x 5/41 high)
270 sq.ft. @ $50.00 per sq.ft. 13,500
27, Relocate Existing Pool Flume Allowance 120000
28. New Surge Tank Allowance (Flume pump reservoir-
Two slide capacity.) 25,000
29, Enlarge Pool Pump Pit for two new pumps. 15 000
30. Patch Pool Wall at existing underwater lights /
(21 @ $300)
6,300
31. Expand "Zero Depth" Areas 20x25 - 500 sq.ft, @ $45 22,500
32. Initial "Zero Depth" Water Features
(5 @ $ 1000 plus 1 @ $30,000 plus 1 @ $150000) 50,000
33. Revised Perimeter. Drain/Overflow Gutter
(550 line foot @ $80.00 per line foot) 44,000
i
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• Agenda No. _...I%Z..:~/~
Ayonda Ilam_ ~S
Lt31D ~ 7. 2
Civic Center Renovation 7
Page - 3
34. Cushion Pool Floor (Safety Pad)
40x35' = 1,400 sq.ft.
401X401 . 1,600 sq,ft
3000 sq,ft. 0 $6.00 per sq.ft. 180000
35. Upgrade Pool Electrical Service Allowance: 10,000
36. Expand Filtration System 40,000
Construction cost = Lines 1-36 $ 8730225
Contingency - Approximately 4% 35.025
Total Construction Coatis $ 908,2N0
A/E Planning costs ey~75p
owner Related Casts/Expenses 10.000
Total Estimate t $100000000
*'Note: This figure is contingent upon acceptance and application for local
park fund matching fund grant. Turn around time for application
process is 1 year.
AJJ002E2
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A3enda No. `0/Z
Agenda Its ~ ~f~_
LIM
DATE$ 4/07J/92
CITY COUNCIL REPORT FORMAT ~ / AJ
TOi Mayor and Members of the City Council !//J
FROMt Lloyd V. Harrell, City Manager
SUBJECTI OFF-PREMISE SIGNS
RECD ENDATIONt
staff recommends that 1) we require all illegal off-premise signe be
properly licensed and permitted or be removed by July 18 1992, 2) all
non-conforming (to state standards) signs be removed by December 18,
1993, if removal of such signs are done voluntarily or funded by the
state or federal government. Staff recommends that we continue to seek
information from Texas Department of Transportation concerning federal
funding to remove non-conforming signs and seek congressional office
assistance in speeding the development of administrative procedures to
disperse such funding.
BACKGROUND AVD SUMHARY1
in November, 1990 the State Department of Transportation certified the
City of Denton to regulate off-premise signs on I-35E, I-35W, U,S. 380
and 377, Without this certification, Texas Department of
Transportation would continue to play an off-premise sign permitting
role on these highways. The certification has enabled consistent
applioation and enforcement of our sign ordinance within the city
limits, eliminated duplication and oonfueing administration by two
agencies, and produced a small revenue source. After certification, an
extensive inventory was conducted to obtain the exact number of off-
premise signs existing on the roadways. The inventory results showed
that 136 signe existed. This number did not include abandoned
structures. Of the 136 signs found, 100 signs had valid permits and 2
signs were converted tv on-premise signs.
In February 1992, staff sent letters to the remaining 34 sign
owners/businesses informing them that they must receive an annual
permit by March If 1992. Back payment for previous years was not
required. If the owner did not want to permit the sign, the sign was
to be removed by March 15, 1992, As payment was received from several
of the sign owners an additional problem arose, All of the sign
owners, except two, that were submitting payment were not licunsed by
the State, After discussing this problem with Karen Mustard, State
Right of Way Agent, Me. Mustard agreed that staff could require the
owner to obtain a state issued license prior to the expiration of the
sign permit. Thie would allow the sign owners one year to obtain the
state license.
On March 231 1992 staff received a letter from the State Department of
Transportation stating that a Intarmodal Surface Iran sgorta--ti911
'4fficienoy Aot of 1991-Amendmento to 3 U S,0 tat Control of Outdoor
Advertieina ISTEAI was passed on December 18, 1991 (See Attachment 1).
:i
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Agenda Nor
Agenda Itom s d~
NO city council Report p? / 7
Off-Premise signs
April 7, 1992
This act provided for three significant provisions affecting our
permitting of off-premise signs on IH 35, 380 and 377, as followst
1) a specific requirement that illegal signs or signs
without valid permits and licenses be removed by July 18,
1992
2) all nonconforming signs, that is those not meeting
separation, height, area, lighting, construction, etc.
standards of the state, must be removed by December 18,
1993. The nonconformity is based on the State's
standards and not the city'sl and
3) a provision authorizing for the first time the use of
Federal-aid highway funding to purchase signs that do riot
conform to outdoor advertising standards.
In summary, the letter stated that by June 18, 1992 all certified
cities within the State of Texas, as well as the State Department of
Transportation, must have all illegal signs removed. Stsff called the
State District office for further clarification. Ms. Mustard stated
the City of Denton was moving in the right direction and that by
June 18, 1992 the remaining signs must either be permitted or removed.
Recent field surveys showed that 15 signs remained unpermitted and 17
signs were abandoned. Of the 15 signs, staff has heard from 5 of the
sign owners that have asked for more time in completing the
appltoations.
PROORAMg DEPARTMENTS OR OROUP§ AFFECTED1
Individual landowner's leasing property for !'ie signs, the sign owner's
and the citizens of Denton.
.EIS-CAL IMPACTt
Re eotfull ubmitted
Pre red i Llo d V. Harrell
j City Manager
~'renk o bins, AICP
Executive Director
Planning and Development
Attachments Letter Texas Department of Transportation dated
March 20, 1992 with!
1. Intermodal Surface Transportation Act of 1991 Notice.
2. Excerpt from 23 USC Sea, 131 Control of Outdoor
Advertising,
3. State standards.
AXX00121
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ATTACIIMI3NyfT I l onUa N0. . L~
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Agenda Item.J4.-. Z5
Dale
4
TEXAS
DEPARTNIENT OF TRANSPORTATION
P. 0. BOX 3087
DALLAS, TEXAS 76221-3087
March 20, 1992
TEXAS HI(3WAY BEAUTIFICATION PF GRAM
OUTDOOR ADVERTISING SIGN CONTROL
R5 AL SURFACE TRAR91ORTAATION
l FICIB ACT AC 1TR
City of Denton
215 E. McKinney
Denton, Taxes 76201
Attn: Ms. Donna Baker"
Deer Me. Baker:
on December 18, 1991 the Intermodal Surface Trlanssportati1e
Efficiency Act of 1991 (ISTEA) was signed into requiring stricter enforoerm+r'It of Outdoor Advertisino Sign
regulations, the Aat stipulates removal of all illegal $igns
erected along Interstate and Federal-Aid Primly Highweys by March
18, 1992 (90 days after enactment). The States have until June 18,
1992 (an additional 90 days) tout the re~alF~elegal signs
that were not removed by Highwoy
Administration (FHWA) may withhold 10% of Federal highway of Texas States not complying with this mandate; The State of construction
faces a potential loss of $105 million in highway
funds.
Your city has brim certified to control outdoor advertising signs
in lieu of State control. Therefore you must remove all illegal
signs on the Interstate and Federal-Aid Primary highways in your
jurisdiction by June 18, 1982.
An illegal sign is one that has been erected for the purpose of
off-premise advertising without consent from the State or Certified " political
City. This includes off-premise real estate signs ether displayed
advertising matter
signs. Signs that have teen abandoned or have obsolete advertising matter or have abeeen with- At
for a continuous periodof 365 days are also Illegal.
An Equal Opporfunif~ Employer
{
36:!::.,\ki~
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AgendaNo~~~J
Agatida Item_ _WAr
Although guidelines and requirements of the ISTEA have not been
furnished by FHWA, enclosed please find copies of subject
correspondence received by this office. Also attached is a list of
all Interstate and Federal-Aid Primary highways which are
administered by District 18. This includes the following counties:
Dallas, Denton, Collin, Rockwall, Kaufman, Ellis and Navarro.
Tarrant and Wise Counties are administered by District 2 in Ft.
Worth.
The Federal Highway Administration is monitoring our progress to
comply with the ISTEA, In view of the significant potential
penalty involved, please pursue this situation to achieve
carrpliance by June 18, 1992. If you have any questions please
contact Susan Kelly at (214)320-8253 or Karen Mustard at 320-8268.
Sincerely,
P: E.
For., T. Worthi Jr.. P
Diatric,t 18 Right a Way Engineer
KLWk lm
Enclosures
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Agenda No.
Agenda Item S 3~
auto 4~- 7 - qy
INTERSTATE AND FEDERAL-AID PRIMARY HIGFWAYS IN DALLAS DISTRICT;
I.H. 20 S,H, 14 S.H. 78 S.H. 205
I.H. 30 S.H. 22 U.S. 80 U.S. 287
I.H. 35E S,H. 31 S.H. 114 U. S. 377
1. H. 35W S.H. 34 S.H. 121 U.S, 380
I.H. 45 U.S, 67 U.S. 175 SPUR 399
I.H. 345 U.S. 75 S.H. 163 SPUR 408
635 LOOP 12
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Texas Department of Transportation 125FEOS~!I
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CPAMD).L 'kbr
TEXAS D A WMENT OF TItANSP0itTATION
March 10,1992_ PROM46 /
rPO>•t""- E~ ryot+
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PNON'-I J~~d3
Illegal billboards threaten highway funds 0 OF PM FAX V 6104"O%
Billboard owners who mess with Taxis risk costing the state up to $105 million in
highway funds.
That's because the new federal transportation bill is cracking down on illegal
signs along Lnterstates and certain other federal highways. Texas has more than
1,300 such signs,
Illegal signs are those erected by owners without a license and permit, usually
because the location of the sign does not meet the requirements of the state Litter
Abatement Act. Violators face fines of u;i to $200 per day.
Owners must remove the signs by March 17, or the federal government could
wfthhold some of its funds for Texas highways.
"Texas has some of the most attractive roadsides in the country, The state has a
law to protect them," said Arnold Oliver, TxDOT executive director. "'The new federal
bill mandates that we enforce these laws or lose funding,"
Another new provision of the bill is that no new sign, with few exceptions, be
erected along a designated scenic byway. In addition, some 7,500 nonconforming sign$
those erected either prior to control under the antilitter law or under certain outdated
rules will eventually have to come down.
RECEIVED
-more. MAR 121952
SURF I
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Agenda 6,0. - _F O//
Agenda ltem l~ T
The Litter Abatement Act, enacted in 1972, prohibits most billbmoa
commercial or Industrial areas. Among the exceptions are slgn.s advertisfdr
ing only the
business conducted on the property where the sign Is located, signs advertising the
property is for sale, certain signs advertising meetings for religious and service groups,
and warning signs for public safety.
Billboard owners must have an outdoor advertising license, which costs $125 the
first year, $60 each year thereafter. In addition, they must post it surety bond, Each
billboard requires a perrrLit, which costs $96 the first year and $40 to renew.
30 -
Far Mont bdarmation contact:
Inez Eppright, Advertising 5ign Sppecialist
A2/416.2876
I
'K-----
( Federal Register / Vol. 57• ;Nlo. 45 / Friday. March 6. 1992 J Notices 6187
To ensure Ihal the full range of issues an Interstate or Federal-aid primary I ~A t
related to this proposed action are designated a Scenic Byway under a SJ~ JIehus outes,
addressed and ell significant issues are State Program: (2) a specific requirement CW StA
identified. comments and suggestions that illegal signs be removed: and (3) a c(sofled are invited from all interested parties, provision authorizing for (he first
time Beauls a newr,~//
Comments or questions concerning this the use of Federal-aid highway funding signs which would have been permitte
proposed action and the EIS should be to purchase signs that do not conform to in commercial and industrial areas
directed to the FIiWA. UDOT or the outdoor advertising controls, under section 131(d) are no longer
4L'FRC at the addresses provided above. 4ATE5: The ISTEA was sl88ned Into law permitted on scenic byway portions of
(Catalog of Federal Domestic Assistance on December 18, 1991, willr the the controlled system.
Program Number 20.205, Highway provision of new sections 131(5) and Based on the 1990 Scenic Byways
Planning and Construction. The 13i(r)(1) of title 23. U.S.C., effective as of Study (U.S. DOT/FH%VA Publication
rcgulations implementing Executive that date. No. PD-91-010, 1
Order 12372 regarding January 991)• all but 15
Intergovernmental consultation on FOR FURTHER INFORMATION CONTACT; Stales have some form of SCC[IIC bywavS
federal programs and activities apply to Mr. hfurlin E. Meese, Chief, Special Program. About 35.000 miles of roads
this program): Programs and Evaluation Branch, Office had been designated as scenic as of
Of Right-of,Way. HRW-12. (202) 360- December 1990, when the study was
issued on, February 24. 1992, 2017; or Mr. Robert Black, Attorney. conducted. The study projected that
Donald P. Steinke, Office of Chief Counsel, HCC-31, (202) only about 50,000 total miles would be
DA,WonAdaiinistret0a Salt LokeClls•, Utoh. 366-1359, Federal Highway designated. Of the total projected
IFR Doc, 92-51M Filed 5-5-92: 9:45 amt Administration, 400 Seventh Street SW., rnileage. about 5o percent Is located on
SILLINO CODE Issan-Y Washington, DC 20590. Office hours are the Interstate and Federal-aid prlmarv
from 7:30 a.m, to 4 p.m„ e•t„ Monday sy,slems, Almost all of the mileage
- - through Friday, except legal Federal already designated as scenic along a
Intermodal Surface Transportation holidays. controlled highway system is on two
SUPPLEMENTARY INFORMATION: Section lane roadways. Most scenic byways are
Efficiency icier .ey 131, Act of Surface 1991 T Control Amendments
Outdoormendments IO 131 is the Implementing authority within two lane roadways in rural areas where
Advertising title 23, U.S.C, for the Highway commercial and Industrial areas are
Beautification Act of 1985, as amended. fewer In number. Thus, while the scope
AGENCY#, Federal Highway The basic principles of outdoor of this new control Is limited to only
Administration (FHWA), DOT. advertising control are in section 131. about 25,OW miles, It complements the
ACTION: Notice. The original Act provided specific actions already taken by the Slates in
- controls on the erection and determining that these routes have
euMMAAYi On December 18, 1991, the maintenance of outdoor advertising particular scenic Importance:
Intermodal Surface Transportation signs and dev(ces along the interstate Removal of Illegal Signs
Efficiency Act of 1991 (ISTEA), Public and Federal-aid primary highway
Law 102-240, 105 Stet. 1014, was signed systems. The Interstate and primary The ISTEA In section 1046(b) also
Into low. Section 1046 of the ISTEA highway systems comprise only 306,000 added section 131(r) to title 23. U:S,C,
amended 23 U.S.C. 131 which deals with miles of the 3.9 mllllon miles of public This now section requires all owners cf
outdoor advertising control. This notice roads and streets In (he United Slates: illegal signs to remove their 1110 al signs
describes the Impact of section 1046 on Therefore, the outdoor adverllaing within 90 days. The section further
how States can provide for effective controls apply to less than 8 percent of states that In the event owners do not
control of outdoor advertising In accord the total national public road mileage. remove their illegal signs, the State. to
with regulations previously issued by Statutory controls In section 131(c) limit exercise effective control, shall remove
the Federal Highway Administration signs which a State can permit to the signs. The section provides that
dF A) In 23 CFT, 750.705. This directional and official signs, sale or States recover removal costs of
document Is being Issued to advise lease signs, on-premise signs, landmark unremoved illegal signs from the sign
Slates that the ISTEA may require them signs, and free coffee signs. In addition, owner. This cost recovery provision is
to consider changes In their laws and under section 131(d), States campermti not pert of "effective control" for
administrative practices In order to signs in zoned or unzoned commercial purposes of the sanction provisions of
remain eligible for full Federal-aid or Industrial areas adjacent to the the Highway BeWillcation Act (23
funding, The ISTEA itself provides no controlled systems. Section 131(d) II.S•C. 131(b)),
lead time for the States to come Into provides for an agreement between each The FHIWA recognizes that most
compliance with these new provisions, Slate and the Secretary of States hava already caused the removal
A discussion of Initiatives that will be Transportation regarding size, lighting, of a substantial number of the Illegal
considered In evaluating how "effoctivq and spacing standards of signs In signs within their boundaries. Some
control" Is maintained under The new commercial and Industrial areas. States, however, have significant
requirements Is a part of Ibis notice, numbers of Illegal starts remaining,
Under section 1046, 23 U.9:C, 131 will Scenic Byway Prohlbltlon Based on State reports. a total of about
continue to apply to the Interstate The ISTEA In section 1046(c) amended 22,000 remaining l11080 signs have been
System and the Fedoral-aid primary title 23, U.S.C•• by addhtg section 131{y). identified. The law Savo sign owners
system as they existed on June 1, 1991, The new section limits the erection of only 90 days from the elfectlve data of
aud, when designated, all portions of the now advertising displays to those ISTEA on December 18, 1991, to remove
approved National Highway System. permitted under section 131(c) along their Illegal signs, The short period given
The three major amendments made to 23 road segments that are designated to the owners is an Indication of the
U.S.C. i31 by sectlon 1048 of ISTEA are; Scenic Byways which are on the emphasis to be applied to remove illegal
(1) An amendment prohlbilin the Interstate System, the Federal•ald signs. In consideration of (he period
erection of most new signs adjacent to primary system (as It existed on June 1, granted to (he owners, and the specific
81bi8 Federal Rabisler / Vol, 57, No. 45 / Friday. March 61 19921E Notic
mandate to the States to conclude considerable sums were made available AgO11h1lflfflian, aivs
removals when the sign owner has not to inventory and remove nonconforming that other pro ms amper the
performed, the FHWA has set a goal of signs. However, funding was never lkt[onma mainfng(~ P
an additional 9o days through June 18, sufficient to complete the acquisition nonconforming signs. First. many Stdie
1992, fur the States to act on the removal process and no General Funds have have been inactive regarding a sign
of illegal signs as required by 23 U,5.C. been appropriated since 1983. acgnisition program, and might need to
131(r)(2). The FHWA recognizes that With this amendment made by the upda to their administrative tools and
State taw or pprocedural impediments ISTF.A, the Slates should have sufficient sign acquisition procedures. Second, we
may have to be overcome before a State funds to remove nonconforming signs do not believe that the Congress
can fully comply with this objective. much more expeditiously. The change In Intended that the removal of signs lake
However, considering the short time the funding provided by the ISTEA, precedence over all other t1Ue 23
frame stated In the legislation for the making available significant funds for projects and programs,
removal of illegal signs by the sign the Federal share of just compensation For these reasons, we believe the
owners, and the specific de of this payments and other control costs, will I5TEA requires Slates to begin .
action to effective control requirements, enable States to complete the removal of Immediate removal of nonconforming
1 Stales must lake Immediate steps after nonconforming signs In order to signs, and to make reasonable progress
March 18, 1992, to demonstrate malntain effective control under Section in completing their removal program
reasonable progress In meeting the 131(6). The timely removal of expeditiously, The FfrWA, however, has
effective control responsibilities nonconforming outdoor advertising set a two year goal for complete removal
required by this amendment. Good faith signs has always been part of "effective of remaining nonconforming signs.The
efforts by a State, including efforts to control." Failure to exercise effective FHWA believes that 2 years provides.
seak legislative authority, to comply control subjects a Stale to a 10 percent Slates with adequate time to remove all
with the provisions quickly will be reduction of its Federal-ald highway nonconforming signs without unduly
considered by the FHWA in deciding apportionment, pursuant to 23 U'S,C, constricting Federally-funded highway
how to deal with a failure to ee.hieve 131(b), construction and other projects. States
effective control. Cumbersome The FHWA estimates that about should be prepared to justify any reason
admWetrative or procedural 02,000 nonconforming signs remain to be for concluding that this period would
requirements that do not provide for acquired. Most of those signs have been impose an undue hardship on their
prompt removal of illegal signs are not in place foe over 20 years. Removal has prlorlties and programs,
consistent with the intent of this section, been delayed, but now with increased During the next two years perlod,
Fundbng for Removal of Nonconforming Federal funding available to complete more than $24 billion Federal old dollars
signs ecquisldon activities and ensure can be expected to be made available to
A new funding source for outdoor effective control, the law requires the States for 23 U,S.C.104 programs
advertising control was provided In expedient removal, end projects. Considering the number of
section 1048(a) of the ISTEA. By The ISTEA authorizaa 5121 billion nonconforming signs remaining in the
amending 23 U.8,C,131(m), highway over the next six years for highway various States, most States could
trust funds apportioned under 23 U.S.C. programs, including the STP which Is a conclude their removal program using
104 are now available for the removal of block grant program designed to fund a less than 2 percent of their 23 U,S.C, 104
nonconfotm ing signs (I.e„ lawfully wide range of transportation related funds within the two year period,
erected signs which do not conform to projects. For Fiscal Year (FY) 1992 Therefore, full acquisition and removal
the control requiraman,s of section 131 alone, over$-11 billion In Federal-old of the remaining nonconforming signs
or stricter State laws). In addition, In under 23 U.S,C.104 Is being distributed . over the next two years would seem to
section 1007 of the ISTEA, control and to the States for highway construction be an achievable goal. By meeting this
removal of outdoor advertising Is and maintenance, and other goal States will have removed all
identified as one of several eligible transportation activities, including nonconforming signs on controlled
':Iranspwiation enhancement activities" removal of outdoor nciverdst»g signs. Federal•otd highways by Decemberi8,
} under the new Surrace Transportation The estimated total Federal share of the 1993,
} Program (SW). This major new program cost to acquire the remaining The elements of removal programs
requires that at least 10 percent of nonconforming signs Is $428 million, will necessarily vary 6bm State to Stale,
apportioned funds for the program must This amount represents just 4 percent of and Slates should confer with the
be directed toward "transportation the total eligible Fodor aI-aid funds FHWA as to how hest structure e
l enhancement activities." available to the States In BY 1992, Thus, removal program, In Implementing
Initially, Federal funds for the control the FHWA considered requiring States removal programs, the States will have
of outdoor advertising came from the to remove all nonconforming signs along to review their existing priotitles and
General Fund, Now, funds made controlled highways In the first year formulate programs and processes that
avallable from the Highway Trust Fund ISTEA funding is available. will maintain effective control. The
for highway projects may be used for' However, the FHWA recognizes (lint States may wish to involve interested
outdoor advertising control, This will while the ISTEA represents a dramatic parties and affected entities such as
have a profound impact on the ability Increase in Federal-aid funding, the non• other state and local agencies, sign
and reepomslbillty of Steles to remove Federal shore must come from Stale or owners, envirommentof groups and The
outdoor advertising signs. Under section local sourcos, Moreover, the impact on businase community, and establish
131(n), the States are not required to Individual Slates In providing for prioritios for sign removal.
remove nonconforming signs unless immediate removal would very. For This notice provides States and other
Federal funds are available to example, a State with an Inventory of Interested parties a discussion of
participate In the acquisition casts just a few hundred nonconforming signs F11WA's goals and objectives to assure
associated with their removal. In the would have a more manageable effective control Is maintained to
years immediately following the passage acquisition task than a State with over achieve the full implementation of the
of the Highway Beautification Act, 2,000 such signs. objectives expressed in the 1985
f
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_ Federal Register / Vol, 57, No. 45 / Friday, March 6, 19 2 / tices
` -A.1.1 8169
Highway Beaulfflca tlon Act, as amended by section 5(c) of Public Law HuA
a
Federal-aid fundin, Each mended, and to prevent interruption of 94-409 that a meeting of (he Cooperative SeMs Evil on
is advise the FHWA by June Is. 1992. ofdIts held atsthe Ramada enalssan elHotel, Washington, DC, (202-535-7154), p r t
process, program, and timetable to 999 9th Street NW., Washington, DC, on April 14, 1092,
o ensure effective Fcon HWAIs achieved and April 28, 1992, The session is scheduled The meeting will be closed from 8 a.m.
mainttned. The Intends to e monUor and evaluate each State's to begin at 7x30 a.m. and end at 6 p.m, to 8 p.m., for consideration of specific
progress In for the prompt The meeting will be for the purpose of proposals in accordance with provisions
a remove! In providing
and or the formp reviewing the progress of one ongoing set forth In section 10(d) of Public Law
on ntrolled l cf Illegal
signs a
systems, g cooperative study in Immunlzalion In 92-463, as amended by section 5(c) of
the prevention of Infection, and throe Public Law 94-409, and 5 U.S.C.
(23 U S.C, 315:49 CFR 1.491 new clinical trials, one in the trea tment 552b(c)(8); During this portion of the
blued on: Mash 2, 1992, of alcoholic cirrhosis, one In diabetes meeting, discussions and
T,D. Larson, . ^telllws, and one in unstable angina. recommendations will'dbal with
s Adminlstraror. The Committee advises the Director, qualificatlans of personnel conducting
(FR Don. 92,5207 Filyd 35-92; 8:45 amj Medical Research Service, through the the studies. staff and consultant
is r atwNO coac'isro 41-M Chief of the.Ceoperadve Studies critiques of research protocols, and .
al Program, on the relevance end.. similar documents, and the medical .
feasibil(tybf studies; the adequacy of retards of patients who are'study" '
DEPARTMENT OF VETERANS the protocols; and the scientific validity subjects; the disclosure of which would
Il F~ AFFAIRS and propriety of technlcaf details, constitute a clearly unwarranted
Including protection of human subjects, invasion of personal privacy,
f Cooperative•Studlea Evaluation The meeting will be open to the public Dated: February 28, k Committet; Meeting up to the seating capacity of the room,. By Direction
of the Secretary,
In from 7:30 a.m. to 8 a.m, to discuss the Diane H. Landis,
The Department of Veterans Affairs general status of the progr
gives notice am. To assure Comm HreeMenagemenrOJftcer
# under public Lew 92-463 adequate accommodatlons, those who
.A. (Federal Advise Committee Act) as (FR Doc. 92-3217 Filed 36:.92; 8.,45 am)
rY ) plan to attend should contact Dr. Ping elwra cone 422"t-v
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4080da No,
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EXCERPT FROM 23 USC IbIU wr
Sec. 131, control of outdoor advertising
(a) The Congress hereby finds and declares that the erection and
maintenance of outdoor advertising signs, displays, and devices in areas adj
cent
rst
ate
tem should be acontr lledhin o der to p otect thed the primary system
ublic
stment. in
such highways, to promote the safety and rec r
eati nale value of
public travel, and to preserve natur^1 beauty.
(b) Federal-aid highway funds apportioned on or after January 1,
1968, to any State which the secretary determines has not made
provision for effective control of the erection and maintenance
along the Interstate System and the primary system of outdoor
advertising signs, displays, and devices which are within six'
hundred and Sixty feet of the nearest edge of the right-of-way and
visible from the main traveled way of the system, and Federal-aid
highway funds apportioned on or. after January 1, 1975, or after the
expiration of the next regular session of the State legislature,
whichever is later, to any state which the Secretary determines has
not made provision for effective control of the erection and
maintenance along the Interstate System and the par of
those additional outdoor advertising signs, displays, andydevices
which are more than six hundred and sixty feet off the nearest edge
of the right-of-way, located outside of urban areas, visible from
the main traveled way of the system, and erected with the purpose
of their message being read from such main traveled way, shall be
reduced by amounts equal to 10 per centum of the amounts which
would otherwise be apportioned to such State under section 104 of
this title, until such time as such State shall provide for such
effective control. Any amount which is withheld from apportionment
to any State hereunder shall be reap
Whenever he determines it to be iny the a public einterest,atthe
Secretary may suspend, for such periods as he deems necessary, the
application of this subsection to a state.
(c) Effective control means that such signs, displays, or devices
after January 1, 19680 if located within six hundred and sixty feet
of the right-of-way and, on or after Jul 1
expiration of the next regular session of the State legislature,
whichever is later, if located beyond six hundred and sixty feet of
the right-of-way located outside of urban areas, visible from the
main traveled way of the system, and erected with the p of
their message being read from such main traveled way~,rpshall,
pursuant to this section, be limited to (1) directional and
official signs and notices, which signs and notices shall include,
but not be limited to, signs and notices
wonders, scenic and historical attractions, which are requiredror
authorized by law, which shall conform to national standards hereby
authorized to be promulgated by the Secretary hereunder, which
standards shall contain provisions concerning lighting, size,
69
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Aflonda No, fC2
Ageoda Rom ZVS '1_1,~_
number, and spacing of signs, and such other requiaun may,be~~
appropriate to implement this section, (2) signs, displays, and
devices advertising the sale or lease of property upon which they
are located, (3) signs, displays, and devices, including those
which may be changed at reasonable intervals by electronic process
or by remote control, advertising activities conducted on the
property on which they are located, (4) signs lawfully in existence
on October 22, 1965, determined by the State subject to the
approval of the secretary, to be landmark signs, including signs on
farm structures or natural surfaces, or historic or artistic
significance the preservation of which would be consistent with the
purposes of this section, and (5) signs, displays, and devices
advertising the distribution by nonprofit organizations of free
coffee to individuals traveling on the Interstate system or the
primary system. For the purposes of this subsection, the term "free
coffee" shall include coffee for which a donation may be made, but
is not required.
(d) In order to promote the reasonable, orderly and effective
display of outdoor advertising while remaining consistent with the
purposes of this section, signs,,displays, and devices whose size,
lighting and spacing, consistent with customary use is to be
determined by agreement between the several states and the
secretary, may be erected and maintained within six hundred and
sixty feet of the nearest edge of the right-of-way within areas
adjacent to the Interstate and primary systems which are zoned
industrial or commercial under authority of state law, or in
unzoned commercial or industrial areas as may be determined by
agreement between the several states and the Secretary. The States
shall have full authority under their own zoning laws to zone areas
for commercial or industrial purposes, and the actions of the
States in this regard will be accepted for the purposes of this
Act. Whenever a bona fide State, county, or local zoning authority
has made a determination of customary use, such determination will
be accepted in lieu of controls by agreement in the zoned
commercial and industrial areas within the geographical
jurisdiction of such authority. Nothing in this subsection shall
apply to signs, displays, and devices referred to in clauses (2)
and (3) of subsection (c) of this section.
(e) Any sign, display, or device lawfully in existence along the
Interstate System or the Federal-aid primary system on September 1,
1965, which does not conform to this section shall not be required
to be removed until July 1, 1970. Any other sign, display, or
device lawfully erected which does not conform to this section
shall not be required to be removed until the end of the fifth year
after it becomes nonconforming.
(f) The Secretary shall, in consultation with the states, provide
within the rights-of-way for areas at appropriate distances from
interchanges on the Interstate System, on which signs, displays,
and devices giving specific information in the interest of the
70
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A~onda f~tu/m__ s
(7lt0 1' ~F
traveling public may be erected and maintained. The See ar 13 /
also, in consultation with the states, provide within the rights-
of-way of the primary system for areas in which signs, displays,
and devices giving specific information in the interest of the
traveling public may be erected and maintained. Such signs shall
conform to national standards to be promulgated by the Se:^retary.
(g) Just compensation shall be paid upon the removal of any
outdoor advertising sign, display, or device lawfully erected under
state law and not permitted under subsection (c) of this section,
whether or not removed pursuant to or because of this section. The
Federal share of such compensation shall be '75 per centum. Such
compensation shall be paid for the following:
(A) The taking from the owner of such sign, display, or
device of all right, title, leasehold, and interest in
such sign, display, or device; and
(B) The taking from the owner of the real property on
which the sign, display, or device is located, of the
right to erect and maintain such signs, displays, and
devices thereon.
(h) All public lands or reservations of the United states which
are adjacent to any portion of the Interstate System and the
primary system shall be controlled in accordance with the
provisions of this section and the national standards promulgated
by the Secretary.
(i) In order to provide information in the specific interest of
directories authorized
permithw information departments
the traveling maps ic and he to State
to maintain and
advertising pamphlets to be made available at safety rest areas.
Subject to the approval of the Secretary, a State may also
establish information centers at safety rest areas and other travel
information systems within the rights-of-way for the purpose of
informing the public of places of interest within the State and
providing such other information as a State may consider desirable.
The Federal share of the cost of establishing such an information
center or travel information system shall be that which is provided
in section 120 for a highway project on that Federal-aid system to
be served by such center or system.
(j) Any state highway department which has, under this section as
in effect on June 30, 1965, entered into an agreement with the
secretary to control the rorection and maintenance of outdoor
advertising signs, displays, and devices in areas adjacent to the
interstate System shall be entitled to receive the bonus payments
as set forth in the agreement, but no such State highway department
shall be entitled to such payments unless the State maintains the
control required under such agreement, Provided, That permission by
a State to erect and maintain information displays which may be
71
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Agenda No.
Agenda ftem US -3
changed at reasonable intervals by electronic Cclto'_ _or
control and which provide process " public service 1
satd a ~7
activities conducted on the property on they are or advertise
shall not be considered a breach of such agreement or the control
required thereunder. Such payments shall be paid only from
appropriatioi,s made to carry out this section. The provisions of
this subsection shall not be construed to exempt any State from
controlling outdoor advertising
section. as otherwise provided in this
(k) Subjec-c to compliance with subsection (g) of this section for
the payment of just compensation nothing in this section shall
prohibit a state from establishing standards imposing stricter
limitations with respect to signs, displays, and devices on the
Federal-aid highway systems than those established under this
section.
(1) Not less than sixty days before making a final determination
to withhold funds from a State under subsection (b) of this
section, or to do so under subsection (b) of section 136, or with
respect to failing to agree as to the size, lightin
of signs, displays, and devices or as to unzoned c~ommand ercialfor
industrial areas in which signs, displays, and devices may be
erected and maintained under subsection (d) of this section, or
with respect to failure to approve under subsection (g) of section
136, the Secretary shall g've written notice to the state of his
proposed determination and a.statement of the reasons therefor, and
during such period shall give the State an opportunity for a
hearing on such determination. Following such hearing the
Secretary shall issue a written order setting forth his final
determination and shall furnish a copy of such order to the State.
Within forty-five days of receipt of such order, the state may
appeal such order to any United States district court for such
State, and upon the filing of such appeal such order shall be
stayed until final judgment has been entered on such appeal.
Summons may be served at any place in the United states. The court
shall have jurisdiction to affirm the determination of the
Secretary or to sot iL aside, in whole or in part. The judgment of
the court shall be subject to review by the United States court of
appeals for the circuit in which the state is located and to the
supreme Court of the United States upon certiorari or certification
as provided in title 28, United States Code, section 1254. If any
part of an apportionment to a State is withheld by the Secretary
under subsection (b) of this section or subsection (b) of section
136, the amount so withheld shall not be reapportioned to the other
States as long as a suit brought by such State under this
subsection is pending. such amount shall remain available for
apportionment in accordance with the final judgment and this
subsection. Funds withheld from apportionment and subsequently
apportioned or reapportioned under this section shall be available
for expenditure for three full fiscal years after the date of, such
apportionment or reapportionment as the case may be.
72
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Agenda No.
Agonde Itom 23
(m) There is authorized to be a Dula .y
provisions of this section t to car"Ly'-' u
otherwise t out of any money in the Treasury not/50Y//1
appropriated, not to exceed $20,000,000 for the fiscal
year ending June 30, 1966, not to exceed $20,000,000 for the fiscal
year ending June 30, 1967, not to exceed $2,000,000 for tha fiscal
year ending June 30, 1970, not to exceed $27,000,000 for the fiscal
year ending June 30, 1971, not to exceed $20,500,000 for the fiscal
year ending June 30, 1972, not to exceed $50,000,000 for the fiscal
year ending June 30, 1973. The provisions of this chapter relating
to the obligation, period of availability and expenditure of
Federal--aid primary highway funds shall apply to the fu;,ds
authorized to be appropriated to carry out this section after June
30, 1967. Subject to approval by the secretary In accordance with
the program of projects approval process of section 105, a State
may use any funds apportioned to it under section 104 of this title
for removal of any sign, display, or device lawfully erected which
does not conform to this section.
(n) No sign, display, or device shall be required to be removed
under this section if the Federal share of the just compensation to
be paid upon removal of such sign, display, or device is not
available to make such payment.
(o) The secretary may approve the request of a State to permit
retention in specific areas defined by such State of directional
signs, displays, and devices lawfully erected under state law in
force at the time of their erection which do not conform to the
requirements of subsection (c), where such signs, displays, and
devices !ire in existence on the date of enactment of this
subsectio`: and where the state demonstrates that such signs,
displays, and devices (1) provide directional information about and s
ices in the i are goodsuch thatvremoval wouldnwork a bstantialeeconomic lhardship (in
such defined area.
(p) In the case of any sign, display, or device required to be
removed under this section prior to the date of enactment of the
Federal-Aid Highway Act of 1974, which sign, display, or device was
after its removal lawfully relocated and which as a result of the
amendments made to this section by such Act is required to be the
ed States compensation fors such removal h(including 0al l relocation of
cothe sts).
(q)(1) During the implementation of State laws enacted to comply
with this section, the Secretary shall encourage and assist the
States to develop sign controls and programs which will assure that
necessary directional information about facilities providing goods
and services in the interest of the traveling
to be available to motorists. To this end tthel Secretary nshall
restudy and revise as appropriate existing standards for
directional signs authorized under subsections 131(c)(1) and 131(f)
to develop signs which are functional and aesthetically compatible
73
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Agenda Na.
Agenda
mio ~ z
with their surroundings. He shall employ the resources of otherJ~ A/
Federal departments and agencies, including the National Endowment`
for the Arts, and employ maximum participation of private industry
in the development of standards and systems of signs developed for
those purposes.
(2) Among other things the secretary shall encourage states to
adopt programs to assure that removal of signs providing necessary
directional information, which also were providi.g directional
information on June 1, 1972, about facilities in the interest of
the traveling public, be deferred until all other nonconforming
signs are removed.
(r) REMOVAL OF ILLEGAL SIGNS.--
(1) BY OWNERS.--Any sign, display, or device along the
Interstate System or the Federal-aid primary system which was not
lawfully erected, shall be removed by the owner of such sign,
diciplay, or device not later than the 90th day following the
effective date of this subsection.
(2) BY STATES.--If any owner does not remove a sign, display,
or device in accordance with paragraph (1), the State within the
borders of which the sign, display, or device is located shall the removed
remove the sign, r device shall be liable toethe owner State ffor the costs
sign, display, o
of such removal. Effective control under this section includes
compliance with the first sentence of this paragraph.
(s) SCENIC BYWAY PROHIBITION.--If a State has a scenic byway
program, the State may not allow the erection along any highway on
the Interstate System or Federal-aid primary system which before,
on, or after the effective date of this subsection, is designated
as a scenic byway under such program of any sign, display tI or
his
device which is not in conformance with subsection edevice on such (c)a highway
section. Control of any sign, display, c
shall be in accordance with this section.
(t) PRIMARY SYSTEM DEFINED.--For purposes of this section, the
terms "primary system" and "Federal-aid primary system" mean the
Federal-aid primary system in existence on June 1, 1991, and any
highway which is not on such system but which is on the National
Highway System.
74
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Agsnds No, _ %
Agenda Item._ 0e)
Dito 7- 9
SUMMARY OF DIFF .RENCE IN RULES /7 Y17
FEDERAL RULES
AGREE14ENT PRIOR TO CURRENT
CRITERIA REQUIREMENTS 1985 CHANGE RULES
Size
These maximums apply 1200 sf 1200 sf 672 sf
apply to each side 25' high 25' high 25' high
visible to approaching 60' long 60' long 60' long
traffic
signs larger than the
following size cannot
be stacked or placed
side-by-side 350 sf 350 sf 336 sf
Spacing
From public parks,
public forests,
playgrounds, scenic
areas 500' 500' 1500'
From interchanges,
intersections at grade
and rest areas along IH
and PAP outside incor-
porated municipalities,
etc, 500' 500' 1000'
Along IH and freeway
primary highways 500' Soo' 1500'
Along nonfreeway
primary highways
outside incorporated
municipalities 300' 300' 750'
Along nonfreeway
primary highways
inside incorporated
municipalities 100 100' 300'
1
Unzoned Area
Requirements 1 or more 1 or more At least 2
businesses businesses adjal,ent
businesses
Distance on either
side of businesses 800' 800' 800'
CITY
COUNCI
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CITY,MDENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: April 21 1992
TO: Lloyd V, Harrell, City Manager
FROM: Harlan Jefferson, Director of Treasury Operations
Sandra White, Municipal Judge
{
SUBJECT: PROPOSAL FOR IN-HOUSE COLLECTION OF OUTSTANDING OVERDUE
FINES AND WARRANTS/AMNESTY PROGRAM
The Municipal Court in conjunction with the city Attorney's office,
the Police Department and the Finance Department propose that
during the period from April 15, 1992 through May 4, 1992 that the
Municipal Court have an "amnesty" on all citations that are
outstanding and overdue.
This "amnesty" period would allow the Court to reduce the number of
cases which are being handled by a variety of methods, to wit:
collection agency, warrants, extensions, pay plans and those being
notified by postcard or letter that a ticket remains unresolved.
We believe that an "amnesty" program would have several positive
effects:
1, increase revenues due but unpaid;
2, decrease the number of probable cause affidavits and
warrants needed on cases currently backlogged due to
changes requirod by new case law;
3, decrease Police officer a..i Municipal Court Clerk
staff time needed to prepare affidavits and warrants;
4, decrease the number of outstanding cases for various
court dockets, i.e. indigency, no contest and trial.
The "amnesty" concept has been utilized in other cities with
varying degrees of success and each has varied in concept. our
concept is as follows:
8171566.8200 D/FW METRO 434.2529
ii
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Ajpido No.
Apondi Itom Q
1. During April 15, 1992 through May 4, 1992 allow °p `3
persons who have never appeared on a ticket to appear
without incurring any late appearance penalty. The
person would be required to pay at least fifty percent
(50%) of his fine up front and the remaining fifty
percent (50%) before the end of amnesty. The Court
would in turn waive or delete any late penalties,
normally $50.00 per case.
2. During April 15, 1992 through May 4, 1992, allow
persons whose cases are already in warrant, extension,
pay plan, no contest docket, trial docket, and
indigency docket the opportunity to have any late
penalties and/or warrant fees waived or deleted for
payment in full during the amnesty period. These fees
could total up to $85.00 per case.
3. The public would be notified of the amnesty period by
newspaper articles in the Denton Record Chronicle,
Dallas Morning News, University of North Texas and
Texas Woman's University newspapers and various radio
coveragstations.
asMoat results of vthex newspaper tcoverage
Attached is the news release we prepared for the
media. The public would amnesty ends, warrants would be issued e and h served.
b
take
4, Once the amnesty period ends, would ten be processed for
advantage of the program
warrant and all penalties and fees would be included.
5. The Police Department would utilize its field officers
to "round-up" offenders on issued warrants, rather
than just the Warrant Department. These warrants
would be issued and public that the Court served to pursue offender who
either fail to appear or pay.
The response to the program would require the Court to extend its
window operation times for this time period and hire temporary
employees. The additional labor cost to implement this proposal
should not exceed $3,000. Judging from t experiences will
Cities have had with amnesty programs, we project this program
increase our revenue by at least $30,000.
In light of the age of some of the pending cases, and in light of
the fact that warrant production has been in limbo until just
recently, apprising thei public of our intent to issue warrants
would be a good-will gesture as well as the waiver of the penalties
for prompt payment.
/ 'j~
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arlan L. Jeff / 42realOH'_.Whi/
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Agenda 01o,
Agenda Ilem
Dale -A~
CITY OF DENTON
NEWS RELEASE
Date: April 80 1992 Contact: Tom Josey
Court Administrator
(817) 566-8515
Denton, Texas . . . Effective April 15, 1992, the City of
Denton is offering an amnesty on all traffic citations that are over
due. Both moving violations and parking offenses will be eligible
for amnesty. The individuals that request amnesty will only have to
pay their original fine amount. The late appearancce penalty of
$50.00 and warrant fee of $35.00 will be waived, if applicable.
Due to changes in the legal environment brought on by recent case
law, the Municipal court temporarily stopped issuing warrants for
traffic offenses to review their warrant procedures and to ensure
compliance with all applicable legal requirements. Therefore, the
amnesty period is being offered to allow defendants to dispose of
citations without penalty. Amnesty should assist defendants in
adjusting to the City~s renewed enforcement efforts. The new
procedures involve:
1. Post cards mailed to defendants notifying them that they
have failed to dispose of a citation.
2. Payment extension and pay plan arrangements are offered to
indigent defendants.
3. Collection agencies are used to locate defendants.
4. Arrest warrants can be issued if the above fails.
Eligible citations remaining after the amnesty period will be
processed for warrant. Mike Jez, Police Chief, stated that in
addition to warrant officers, field officers will also be used to
round up offenders on issued warrants. He estimated that his staff
would be prepared to serve as many as 500 warrants during the two
week period following the amnesty.
The amnesty will be offered from April 15, 1992 to May 4, 1992. To
apply, defendants may appear in person at the Court Clerk's Office,
or request application forms. The Court Clerk's address is 215 E.
McKinney, Denton, Texas, and the mailing address is P. 0. Box 1426,
Denton, Texas 76202, and the phone number is (817) 566-8330.
s
CITY
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COUNCIL
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Agenda No.
Agenda fleet
CITY OF DENTON CITY COUNCIL MINUTEOld
MARCH 3, 1992 CA, / y
The council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, Smith and Trent.
ABSENT: Council Member Alexander
1. The Council convened into the Executive Session to discuss
legal matters, (considered action in Texas Waste _Management vs.
City of Denton, and considered action in Nichols vs. City of
Denton), real estate, (discussed acquisition of land for
recreational purposes and gave staff direction), and
personnel/board appointments.
Council Member Alexander joined the meeting during the Executive
session discussion.
2. The Council received a report and held a discussion regardinq
a Storm Water Utility.
Bob Coplen, Chair-Storm Water Utility Committee, presented an
overview of the Committee's report. He stated that the mission
statement given to the Committee was two-fold - to review and
evaluate the necessity of establishing a Storm Water Management
Utility for the city and to submit an evaluation to the Public
Utilities Board with a recommendation on whether the City should
pursue the establishment of such a utility and second, if the
committee recommended the establishment of such a Utility, the
Committee should provide recommendations to the Public Utilities
Board regarding the most feasible method for establishing the
Utility. He stated that the members of the Committee represented
a good cross section of the community. Subjects discussed included
regulatory issues, flood issues, legislation, financial impact,
legal questions, and what other cities were doing. Coplen detailed
related legislation which included House Bill #1567 and Senate Bill
#1409, the Clean Water Act and Senate Bill #818. That legislation
indicated that a drainage utility system could be established by
completing a public hearing process and adopting two ordinances.
A municipality had to establish a schedule of drainage charges
against all real property and provide drainage for all property
which was assessed a fee. The fund collected under that utility
could not be transferred to the general fund. The occupant and not
necessarily the owner of the property could be assessed the fee.
The uncollected charges could be recovered by law. The governing
body of the municipality could dissolve the drainage utility but
only after a five year continuous period. Examples of possible
exemptions included the state, a county, a municipality, a school
district, or a governmental entity. The legislation did not
prohibit A municipality from using revenues other than drainage
utility revenues to fund drainage systems. The Clean Water Act
Aganda No. -,:o
i,Uonda Item
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City of Denton City Council Minutes W10 _
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March 3, 1992
Page 2
required municipalities and certain industrial activities to
develop and implement storm water management programs to control
the adverse impact of storm water pollution. The United States
Environmental Protection Agency currently required municipalities
with populations over 100,000 to obtain a discharge permit for
storm water runoff. The EPA had proposed that the permitting
regulations be extended to cities with populations of 10,000 to
99,999 in the next couple of years, Senate Sill #818 required that
a water quality assessment study be performed by the Trinity River
Authority.
The Committee concluded that the Public Utilities Board and the
City Council should pursue the establishment of a storm water
utility. The creation of the utility should be incorporated with
the 1993 fiscal year budgeting process. The Committee was not in
agreement on recommending a time frame for the implementation of
the fee. The Committee vote was split betwecan implementing the fee
in 1993 or 1994 or at which time the EPA Storm Water regulations
became applicable to the City. The Committee recommended that the
fees for all properties be based on impervious acreage which was
property improvements which prohibited stormY.ater from penetrating
into the soil. The occupant should be responsible for the fee
whenever possible and when not possible, the owner would be
responsible for the fee. Initially all single family residential
units would be assessed the same fee. The fee would be based on
the average impervious acreage of the entire residential
classification. The Committee recommended that the fee structure
for the residential classification be reconsidered utilizing the
actual impervious acreage of each residence as soon as the tools
became available to make the procedure economically feasible. The
fee for each mobile home park would be determined by that park's
total acreage and :he number of lots, both occupied and unoccupied.
The fee would be -.:he responsibility of the occupant. The fee of
the unoccupied lots would be the responsibility of the owner. The
occupied lots would be assessed a higher fee as a result of
increased storm water runoff. Apartment fees would be determined
by the impervious acreage of the individual complex, divided by the
number of units. The fee would be assessed to the occupant and the
fee for vacant apartments would be the responsibility of the owner.
Commercial, retail, office and industrial properties would be
assessed a fee based on impervious acreage. Properties with
multiple occupants would have the bill prorated to each occupant.
city, county, state, and public schools would be assessed in the
same manner as commercial, retail, office and industrial
properties, with a 25% exemption, churches would be assessed the
name rate impervious acre as commercial, retail, office and
industrial properties. Legal counsel advised the Committee that
State law prevented the exemption of churches from the storm water
Agenda Na, _ "D//
Agenda bloom ~J
City of Denton City Council Minutes RBI°--47 -
March 3, 1992
Page 3
utility fee. The Committee strongly encouraged the Public
Utilities Board and the City council to pursue an avenue of relief
to the churches. Unimproved and agricultural property would be
exempt from a user fee. Coplen stated that an average single
family residential rate would be between $1.52-$1.95 per month.
The Committee expressed a number of concerns which they wanted the
Public Utilities Board and the City Council to consider when
formulating their final decision. (1) The Committee viewed the fee
as equivalent to a tax but felt it would be the most equitable
manner for the City to address regulatory compliance issues. (2)
The fee for all properties should be based on the amount of
impervious surface. k'3) When and if the utility was impicsmented,
the Committee strongly urged the City council to reduce the
property tax rate for that year in direct proportion to the amount
budgeted in the general government fund for the drainage system.
(4) The Committee charged the Public Utilities Board and the
council to continue to examine and challenge the accuracy of the
data collected on which the Committee based their recommendations,
and to ensure that the fee assessed would be spread equitably
across all constituent groups, without unduly burdening any one
constituent group. (5) The Committee felt that the fee should be
associated with each property's contribution to the drainage system
and that broadening the base of the fee was more equitable. Thus
a fee should be assessed to governmental entities, schools and
universities. The Committee had some special considerations which
it urged the Public Utilities Board and the Council to consider.
Those included (1) the Council must reduce the property tax rate at
the time the storm water utility was implemented.
Council Member Perry stated that that was a recommendation from the
Committee.
Coplen replied that it was a strong recommendation.
Council Member Perry felt it was very important that the Committee
understood that the Council recognized its strong urging and
recommendations which the Council would give every consideration.
However, he felt no compulsicn to agree to that particular
recommendation.
Council Member Alexander stated that there was a difference between
a regressive and a progressive fee structure and the difference
between a regressive and a progressive tax structure. It was
unacceptable to him to not take into account the difference between
those and take into account who would end up paying.
Mayor Pro Tem Hopkins felt it was inappropriate to argue the pros
f.
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City of Denton City Council minutes L~
March 3, 1992
Page 4
and cons of rert The the Committeeland the.councilocould discuss it at ahlaterodate.
The
Coplen continued with the committee's special concerns. (2)
Utilities
considerequitable imand pacth on oalli constand groups of
utility should should
Denton. (3) The Committee was concerned with the inability o Put
a price tag on storm water quality issues. (4) T Committee
utperform an
water to
ility on
of bothlthesimBoard and pact of Council
eenouraged the
analysis Public
all constituent groups of Demon and the rate structures using
comprehensive and reliable date to validate the Committee actions.
Don Smith, Member of the committee, stated that the committee was
not confused with the difference between fees and taxes. A
the Committee's tax. opini business could
homeowner could not deduct fees from
deduct fees from income tax. under the tax
no reaso,y to implement the utility d if the cost remain where
it was now as it was being care to go up.
structure. The Committee felt that the costs were going give the
to betel wt enoughnnd no ot to egie the
ax. not to implement
felt it was
property t
homeowners at large increase.
The Mayor thanked the Committee for the report.
3, The Council was to receive a report and hold a discussion
regarding the results of the Council Budget Questionnaire.
This item was discussed durng Miscellaneous Matters from the ity theRegular Session under
The Council convened into the Regular Session at 7:90 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Teandop ins, council Members
Alexander, Chew, Perry, Smith Trento
ABSENT: None
1. Pledge of Allegiance
The council and members of the audience recited the Pledge of
Allegiance.
2. The council considered approval of the minutes of the Work
Session of February 11, 1992.
Aponda Na,
Agenda horn. 11Ps .2
City of Denton City Council Minutes a"f0
March 3, 1992
Page 5
Smith motioned, Hopkins seconded to approve the minutes. On roll
Chew, + Trent "aye", 'Alexander +laye'+, Hopkins '+ays", Smith '+aye++,
carried unanimously, "aye", and mayor Castleberry Faye+o. Motion
3. The council. received a citizen report from Adam Silber
regarding utility rates.
Mr, Silber requested that the Council consider a new rate system in
Denton. The current system was based on rate one and rate two.
Between the months of May and October, if no more than 700 kwh were
used per month, the classi2ication was rate one. Any other
category was in rate two which was a more expensive rate. He
proposed that there should be no fee for basic service such as
$5.50 for rate one basic service and $6.50 for rate two. That
price should be included in the basic rate. There should not be a
special fee as it was not fair to pay a fee to be a customer for
the month. He suggested standardizing the overall fee for the kwh
by establishing a basic amount and any amount over a set amount
would be charged. He suggested a 5$ penalty if the bill were not
paid by the due date. Cut off dates should be changed from two
months to three months. This would increase compliance and reduce
cost of sending out cancellation notices.
Mayor Castleberry thanked Mr. Silber and stated that staff and the
Public Utilities Board would study the matter and inform him of
their findings.
4. The Council received and opened bids regarding the City of
Denton Utility System Revenue Bonds, series 1992, $41500,000.
Mayor Pro Tem Hopkins left the meeting with a potential conflict of
intarest. First forithe bonds and ce rtiSouthweficatesstofCobliompany, stated that he had tithe
current ratings for the general obligation bonds He state t
were Al andtAA
the revenue bonds were A and A+. Medanich opened the bids and read
the net effective interest rate for the revenue bonds: Kemper
securities - 6.621; Merrill Lynch - 6,648; Paine Webber - 6.6141
Prudential - 6.6781 First Southwest Company - 6,5854; and
NationsBank - 6,680.
5. The council received and opened bids regarding the City of
Denton General Obligation Bonds, Series 1992, $2,630,000.
AgnnrJa No. /0~
Agenda I'lo/m!es
City of Denton City Council Minutes Oie._7 ~
March 3, 1992
Page 6
David Medanich, First Southwest Company, opened the bids and read
the net effective interest rate for the general obligation bonds:
Merrill Lynch - 6.4925; Bank One - 6.4174; First Southwest -
6.47311; Paine Webber - 6.3898; Prudential - 6.400; NationsBank -
6.504; Kemper - 6.525.
6. The council received and opened bids regarding the City of
Denton Certificates of obligation, Series 1992, $11325,000.
David Medanich, First Southwest Company, opened the bids and read
the net effective interest rate for the certificates of obligation:
Prudential - 5.6778; NationsBank - 5.83; Paine Webber - 5.59;
Coastal Securities - 5,708; First Southwest - 5.658; Bank one -
5.76; Merrill Lynch - 5.99; Kemper - 6.09.
Medanich stated that he would check the figures for accuracy and
would return later with a recommendation.
7. The Council held a public hearing and considered adoption of
an ordinance rezoning a 19.67 acre tract of land from the
multifamily-one district to the light industrial district
(conditioned) on property located on the uouth side of East
McKinney, approximately 635 feet west of Woodrow Lane. Z-92-005
(The Planning and Zoning Commission at their February 12, 1992
recommended approval with conditions 3-2.)
Mayor Pro Tem Hopkins returned to the meeting.
Frank Robbins, Executive Director for Planning, stated that this
was a petition by the County of Denton to begin the process of
constructing additional County facilities, Governmental
building/properties were treated slightly differently than most
land uses. The Courts had stated that cities must look at
"reasonable" use of the land in analyzing this cape of petition.
Because this was in a low intensity area, the applicant was
requesting conditioned Light Industrial district in order to keep
the zoning consistent with the adjacent tract and to allow the
flexibility of expanding the correctional facilities, by way of a
Specific Use Permit, at a la.',:er date. Staff and the Planning and
zoning commission had indicated that the use proposed was
reasonable. There was a long list of permitted uses in the Light
Industrial district but the applicant requested that the list be
narrowed to allow only the following uses; correctional facilities
with approved specific Use Permit , public building, or offices.
The infrastructure was in place or would be planned for later
during the platting process. Staff was suggesting that there be no
additional access on McKinney, substantial drainage improvements
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City of Denton City Council Minutes rk:lo-T=~_i~._
March 3, 1992
Page 7
would be required on the property to insure that there would not be
any additional drainage problems on or off site and the landscape
ordinance would apply when construction began.
The Mayor opened the public hearing.
Dennis. Bunn, Director of Public Works for Denton County, stated
that in December of 1991 the commissioners Court signed an earnest
money contract for the purchase of the property. As part of that
contract, there was a 90 day feasibility period during which the
property would be rezoned for a use to be developed in the future
and perform geotechnical work on the site to determine if the site
was suitable for future use. If the zoning were approved and the
geotechnical work was suitable, the commissioners would probably
purchase the property. The Commissioners had limited the future
use of the property. There were no definite plans for the property
at this time. In the future there might be a correctional facility
on the site, administrative offices, or future courts building. He
wanted to assure the council that the commissioners currently had
no plans to abandoning the Carroll Courts building in favor of this
site. The Planning and Zoning Commission had approved the request
and he asked that the Council do the same.
No mane spoke in opposition.
:he Mayor closed the public hearing.
The following ordinance was considered:
92-033
A
CHANGE FROM N ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING DISTRICT (CLASSIFICATION AND LIGHT
USE DESIGNATION (LWITH
CONDITIONS FOR 19.67 ACRES OF LAND LOCATED ON THE SOUTH SIDE
OF EAST MCHINNEY WITH CONDITION, APPROXIMATELY 635 FEET WEST
OF WOODROW; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE,
Hopkins motioned, Perry seconded to adopt the ordinance, on roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye'', Perry "aye", and Mayor Castleberry ('aye". Motion
carried unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance amending Specific Use Permit No. 198 on Lot 1,
Block A, Putt-Putt Golf and Games Addition for the purpose of
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City of Denton City
March 3, 1992 Council Minutes (k~to _-~z
Page 8
0
adding batting cages. -92-001 (The Planning and Zoning Commission
recommended approval 5-0 at their meeting of February 12, 1992.)
Frank Robbins, Executive Director of Planning, stated that this was
a specific use permit reouuest to The P
permit. Batting cages wld be addedn atathexlsteng specific use
and Zoning Commission had determined that all of the conditionsnand
criteria associated with the specific use permit had been met and
had recommended approval.
The Mayor opened the public hearing.
NO one spoke in favor,
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-034
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC
USE PERMIT FOR A MINIATURE GOLF COURSE ON TWO ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF
INTERSECTION WITH CARDINAL LANE; P OFAST Y, NEAR
VIDINGX OR A PEN YIIN
THE MAXIMUM AMOUNT OF $2000 FOR VIOLATION THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Smith seconded to adopt the ordinance, On roll
vote, Trent "avert, Alexander r+aye", Hopkins a e "aye"
Chew "ayelt, Perry "aye,,, and Mayor Castleberry rrraye ith Motion
carried unanimously. 8. Consent Agenda
Council Member Alexander requested that Item S.C.I. be removed for
special consideration.
Chew motioned, Smith seconded to approve the Consent Agenda with
the exception of a.c.l On roll vote Tre "Y„o Alexander
+raYe" e Hopkins +raYa+lo Smith ~ „a r nt a e
r+ ,
Mayor Castleberry "aye". Notionecarried unanirously,y "ayes, and
A. Bids and Purchase Orders:
1. Bid #1324 - Padmounted Transformers
S
Agenda item.-
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City of Denton city council Minutes
March 3, 1992
Page 9
2. Bid #1325 - Dump and Utility Bodies
3. Bid #1327 - Dump Truck 12 yd.
4. Bid #1330 - Fertilizer and Herbicides
51 Bid #1332 - Distribution Transformers
61 P.C, #23075 - F.M.C. Corps
B. Tax Refunds
1. Considered approval of a tax refund to First
Gibralter Bank for $801.14.
2, Considered approval of a tax refund to Teresa Hayes
for $1,708.21.
C. Plats and Replats
2. Considered approval of the preliminary plat of the
Kern Personal Care Center) Lot, 1 and 2, Block 1.
The 19.8 acre site was on the east side of Hinkle
Drive, approximately 950 feet north of University
Drive. (The Planning and zoning commission
recommended approval 3-1 at their February 26, 1992
meeting.)
3. Considered approval of the preliminary plat of the
Estates of Forrestridge Addition, The 67.928 acre
tract was located immediately south of Section III
of the Forrestridge Addition and was accessed by
Forrestridge Drive, (The Planning and Zoning
recommended approval 3-1
commission i,, 1992 meeting.)
at their February 26
interest asesheplivedlwithine200efeet oft thepsitetof g.Cnl.ict, of
Frank Robbins, Executive Director of Planning, stated that this was
a preliminary plat rent 1 unpl tted land in anOne" of ntha creating two lots. district for the purpose
standards in the agricultural zoning district was that there be at
least one acre minimum lots. In this case there would be one lot
which was a little more then an acre and another lot which was over
5 acres. There was an existing cottage in the corner of the lot ed home which was an existing dwelling unit
wasa in place sto support
be built o lot one.
the development and it met all the standards in the City's
subdivision regulations.
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Agenda Item
City of Denton City Council Minutes N10 L -~2
March 3, 1992 /d Z
Page 10
Council Member Alexander stated that his concerns were primarily
procedural. He had had contact with some citizens who first saw a
similar plan come before the Planning and Zoning Commission as a
proposed rezoning and than later that was withdrawn and a similar
plan presented in the form of a replat. He felt it was important
to understand what a replat was and what powers the Council had to
approve or disapprove this replat as presented.
Robbins stated that originally the proposal was to have a private
street where the cul-de-sac was and then gate the cul-de-sac where
the property began. A private street was allowed in a Planned
Development so the zoning had to be amended from "A" to "PD" to
build a private street. That Planned Development request was
withdrawn. This was not a replat as the property had never been
platted. If the Council approved the preliminary plat, the
Planning and Zoning commission would then approve the final plat.
Council Member Alexander stated that the final plat would go before
the Planning and Zoning commission and they would have final
authority. The preliminary plat came before Council.
Robbins replied correct. In terms of the regulations to follow for
approval, State law stated that if the rules were followed as
stated in the subdivision regulations, the plat had to be approved.
The Development Review Committee and the Planning and Zoning
commission were recommending that that was the case and that the
plat be approved. If the plat did not follow the rules of the
subdivision regulations, the plat should not be approved. Staff's
analysis was that all of the standards which applied within the "A"
district had been met. rwring the final plat process, there would
be some public improvements made such as the development of the
cul-de-sac, a water line extended and a fire hydrant installed.
There would be no drainage improvements required as there was a
great deal of impervious surfaces in the area.
Council Member Alexander stated that there was some opposition by
the neighbors who were very close to the property. What
opportunity would they have under this process, to express their
opposition to the preliminary plat.
Robbins replied that preliminary plats were not required to have
public hearings but the Council could establish some mechanism for
a public hearing associated with tt particular case. There were no
requirements in the city's regulations or the State law. He felt
that the issues had been fairly well defined in the three previous
public hearings and discussions with the Planning and zoning
commission. When the Planning and Zoning commission reviewed the
preliminary plat and the detailed plan, there were two previous
i
Agenda NO. , Agenda Item r
City of Denton City Council minutes X10 yam, /
March 3, 1992 66
Page 11
public hearings and discussion of the PD plan. There was also a
neighborhood meeting which the staff sponsored, One consistent
problem with the neighbors seemed to be what would happen with the
tract - how would the property be developed.
Mayor Castleberry stated that changes could not be made without
returning for approval.
Robbins replied correct.
Council Member Alexander asked if the number of votes needed by
Council was affected due to the fact that the Planning and Zoning
Commission had not unanimously approved the plat,
Robbins replied no.
Council Member Alexander stated that the 20% rule would not apply.
Robbins replied that the 20% rule would not apply with this kind of
plat,
Lloyd Harrell, City Manager, stated that on very rare occasions
there had been public opposition expressed regarding preliminary
plats. There were no public hearings on preliminary plats as it
was an administerial task to determine that the preliminary plat
met the subdivision requirements of the city. Once that
determination had been made that the subdivision regulations of the
City had been followed, then the authority to disapprove the
development went away, There was no discretionary authority which
people could influence with a public hearing on whether or not to
approve a particular development. This was dealing with a plat
and not a zoning case and all which was determined was whether the
subdivision regulations had been followed. In this case, staff had
determined and was supported by the planning and Zoning Commission
that all provisions of the subdivision regulations had been
followed.
Council Member Alexander felt that this issue pointed out the value
of having zoning and being very careful on what zoning was approved
for a given area at any given time. He agreed with some of the
neighbors that this was not necessarily a plan which was tetally
desirable. Certainly not from the standpoint of some of the
neighbors. It did not appear to him that there was any reasonable
way that the Council could, even if it wished to, say no to this
particular process. He knew these were the rules and the Council
had to follow the rules. He was suggesting that the council needed
to be very conscious of the need for buffers in neighborhoods and
to think about where one zoning ends and one begins. He felt it
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City of Denton City Council Minutes Data
March 3, 1992
Page 12
showed the need for very careful planning and the public's need to
have good zoning and good planning in Denton.
Council Member Trent stated that he had attended one of the
Planning and Zoning Commission's public hearings. He had a hard
time determining what the objections were to the issue. He heard
possible objections to the fencing on the property, the gate, and
even a concern regarding what would happen if the house caught on
fire. There were six or eight houses in Southnont built on a piece
of property that was not even as big as the proposed site. He felt
the Goldfield's had the right to build the three houses on thair
property. He hoped the Council would approve the p::.,oposal.
Council Member Smith asked Robbins that if the original zoning
change proposal had proceeded, would there have been more public
hearings.
Robbins replied yes.
Council Member Smith stated that to have changed it to a platting
situation, the same goal would have been accomplished but without
the public hearings.
Robbins replied correct. He felt that the only issue was whether
the cul-de-sac would be gated and a private street as a "PD" or
whether it would be a public street and developed in "A" zoning.
The 11PD1' and the private street was no longer an option. Most of
the surrounding property was SF-16. The standards in the "A"
district were substantially stricter than in SF-16. For example,
the minimum lot size was an acre as opposed to 16,000 square feet.
Council Member Trent asked about the zoning around the proposed
site.
Robbins replied there was SF-16 and PD for single family
development and an agricultural district.
Trent motioned to approve the preliminary site. Motion died for a
lack of a second.
Debra Drayovitch, City Attorney, stated that after having consulted
with the Executive Director for Planning and based on his knowledge
of the statutes and ordinances regarding replats and plats, the
Director of Planning would proceed with the processing of the
application for a final plat noting that there was no affirmative
action on the part of the council and no disapproval by the
Council. Thereforri, he would proceed to follow the statute and the
requirements of tho ordinance with respect to the final plat.
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City of Denton City Council Minutes 12i1o/Z.~/
March 3, 1992 ~P
Page 13
Council Member Trent asked what that would do for the Goldfield's.
Robbins read the statute: " Approval procedure - the municipal
authority responsible for approving plats shall act on the
Mayor Castleberry asked Robbins to wait a moment.
City Attorney Drayovitch stated that Robbins could read the statute
but indicated that Robbins realized that it had to work with
respect to the r.eplats.
Robbins indicated that this was not a replat, it was a plat. There
was another set of rules which applied to replats. He continued
with the statute: "the municipal authority responsible for
approving plats shall act on a plat within 30 days after the date
the plat is filed. A plat is considered approved by the municipal
authority unless it is disapproved within that period. If an
ordinance requires that a plat be approved by the governing body
(the City's did) of the municipality in addition to the Planning
Commission, the governing body shall act on the plat within 30 days
after the day approved by the Planning and Zoning Commission or is
considered approved by inaction of the commission. A plat is
considered approved by the governing body unless it is disapproved
within that period."
City Attorney Drayovitch stated with respect to the final plat. The
statute was not specifically addressing the preliminary plat. The
same procedures would be applied to the final plat.
City Manager Harrell asked for clarification. He wanted to make
!:lure that staff was not doing something which council was not
comfortable with. Robbins had described a process which the
council had not approved but had not formally disapproved.
Therefore, staff would continue to process the plat. That would be
? in accord with other actions which the Council had taken regarding
preliminary plats in the past where there had been some kind of
controversy. It had been an administerial determination which had
been made regarding meeting the conditions of the subdivision
regulations. Staff would continue on with the processing unless
the Council felt that that was not what they wanted staff to do.
City Attorney Drayovitch stated unless the statute was speaking to
final plat. If there were an ordinance requirement which she
should examine which would require that the item be brought back to
council for consideration, she would have no alternative but to
recommend to Robbins to do so.
Mayor Castleberry asked if that were the Attorney's recommendation.
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City of Denton City Council Minutes ~e!!o
March 31 1992
Page 14
City Attorney Drayovitch replied that her recommendation was that
she not bring it back, to Council unless there were a legal
requirement that she had to bring it back.
Council Member Trent asked for a clarification of the Attorney's
recommendation.
City Attorney Drayovitch replied that Robbins had read the Council
a statute which addressed plat approval. It did not specifically
address preliminary plat approval. She did not have the ordinances
before her which the City's Code of ordinances required the Council
to consider and take action on preliminary plats. If there were no
requirement in those ordinances that the Council must a2firmatively
vote one way or the other, Robbins would process the plat in
accordance with that statute. It would not come back before
council. If, upon a review of the particular ordinances, there
were some reason why it would have to be brought back, in her
judgement, she would recommend that to Robbins.
Council Member Trent stated that since Council Member Alexander was
the only one who raised objections, he wanted to hear from the rest
of the Council why they objected.
City Attorney Drayovitch stated that there was no legal requirement
for giving objections.
Council Member Trent stated that there might not be a legal reason,
but he felt it was a question which could be asked.
A member of the audience asked to speak on the issue.
Consensus of the Council was to allow him to speak.
Cyril Kasmir, attorney representing the Goldfieldfs, stated that he
had provisions of the Local Government Code before him. He asked
the Council if it decided not to approve the request for approval
of the preliminary plat, that it follow the procedures in Section
212.009 of that Code. In the event that the Council did not
approve the preliminary plat, he asked that the Council instruct
the City Secretary to issue a certificate stating the date that the
plat was filed and that the authority failed to act on the plat
within that period. In the event that the Council decided to
disapprove the prelimina~.; plat request, he asked that the Council
instruct the City Secretary to comply with Section E of that
section of the Code and provide a certificate as to the reason for
the action taken on the application.
City ,Attorney Drayovitch stated that if Mr. Kasmir was contending
that those provisions were applicable to the approval of the
AgnndaNo..T~
Agenda Ilan,
City of Denton city council minutes Nle
March 3, 1992 A§
Page 15 UUU
preliminary plat, then she would requested that the item be
continued until the next meeting.
Kasmir replied that he had tried to call the City Attorney three
times that day to discuss the issue and never received a return
call. He believed the statue was very clear. There was no
distinction between a preliminary plat or a final plat. He felt
the city Attorney was making a distinction, which in his opinion,
had no merit.
City Attorney Drayovitch replied that she would not get into a
debate at the meeting with Mr. Kasmir. That was why she asked, if
his position was that, that staff be given some time to look at tha
relevant laws. She stated that she had been in depositions for the
last two days and had been unable to return many calls. Her
recommendation was that if that was the legal position of Mr.
Kasmir that staff be given time to examine that issue.
Alexander motioned, Chew seconded to postpone the item to a date
certain being the next regular Council meeting.
Council Member Trent stated that it was very obvious to him the
reason the Council was afraid to give their opinions why they would
not vote on the issue.
On roll vote, Trent "nay", Alexander "aye", Smith "aye", Chew
"aye", Ferry "aye", and Mayor Castleberry "aye". Motion carried
with a 5-1 vote.
Kasmir asked again that the Council instruct the City Secretary to
provide a certificate that was required by the Municipal Code.
Mayor Pro Tem Hopkins returned to the Council meeting.
9. Ordinances
A. The council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a c,:ntract for purchase
of materials, equipment, supplies or services. (8.A.1. - Bid #1324,
8.A.2. - Bid #1325, S.A.3. - Bid #1327, 8.A.4. - Bid #1330, 8.A.5.
- Bid #1332)
The following ordinance was considered;
i
Agenda No.
Agenda ileum-
.y ~ -
City of Denton City Council Minutes ~h1o ----L-~
March 3, 1992
Page 16
NO. 92-035
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE,
Perry motioned, Chew seconded to adopt the ordinance, on roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion
carried unanimously.
B. Tht.!Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids, (8,A,6, - P.O. #23075)
The following ordinance was considered:
NO. 92-036
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE,
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously,
Mayor Pro Tem Hopkins left the meeting with a potential conflict of
interest.
C. The Council considered adoption of an ordinance
authorizing the issuance, sale, and delivery of City of Denton
Utility System Revenue Bonds, series 1992, and approving and
authorizing instruments and procedures relating thereto.
The following ordinance was considered:
!1
Agenda No. or " eta
Agenda Iln~ml les/"-
City of Denton City Council Minutes p
D~lo 2
March 3, 1992
Page 17
No. 92-037
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1992, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO.
David Medanich, First Southwest Company, stated that he had checked
all the bids for accuracy and the bid of First Southwest Company of
6.5854 was correct and recommended approval.
Paul Horton, McCall Parkhurst & Horton, stated that the City's
Charter required that bond counsel advice the Council with respect
to verification of the bids and approval of the proposed ordinance.
He had examined the bid, found it to be correct, to be the lowest
bid and recommended passage of the ordinance.
Alexander motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Smith "aye's, Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The council considered adoption of an ordinance
authorizing the issuance, sale, and delivery of city of Denton
General obligation Bonds, Series 1992, levying the tax to pay same,
and approving ane authorizing instruments and procedures relating
thereto.
David Medanich, First Southwest Company, stated that all bids had
been checked for accuracy and found the bid from Paine Webber of
6.3893 to be correct.
Paul Horton, McCall Parkhurst & Horton, stated bond counsel had
examined the bid and found it to be correct and the lowest bid. He
recommended passage of the ordinance.
The following ordinance was considered:
NO. 92038
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1992, LEVYING
THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS
AND PROCEDURES RELATING THERETO.
Trent motioned, Smith seconded to adopt the ordinance. on roll
vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
AOonda No. Aganda Ilam
City of Denton City Council Minutes into
March 3, 1992
Page 18
E. The Council considered adoption of an ordinance
authorizing the issuance, sale, and delivery of City of Denton
Certificates of obligation, series 1992, and approving and
authorizing instruments and procedures relating thereto.
David Medanich, First Southwest Company, stated that all bids had
been checked and the bid of Paine Webber of 5.59 was correct and
recommended approval.
Paul Horton, McCall Parkhurst & Horton, stated that bond counsel
had examined the bid and found it to be correct and the lowest bid
and recommended passage of the ordinance,
The following ordinance was considered:
NO. 92-039
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1992, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO.
Perry motioned, chew seconded to adopt the ordinance. on roll
vote, Trent "aye", Alexander Faye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Pro Tam Hopkins returned to the meeting.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Coopers and Lybrand relating to professional
consulting services for the City's Employee Health Insurance
Program; and authorizing the expenditure of funds therefore.
Ike Obi, Personnel Specialist, stated bhat the request was for the
implementation phase of the contract with Coopers & Lybrand to
monitor the provider network and financial services for the new
health insurance program. Staff was recommending that the contract
be awarded to Coopers & Lybrand as they had been working with the
city for the past three years. The advantages of the program were
that the contract would help manage the utilization activities and
help monitor the financial aspect of the program. Council had
already approved the budgeting of the program which was $4 from the
City's portion of the health insurance premium. Council Member
Perry had made a recommendation to insure that providers did not
merely include physicians but also providers other than physicians
such as psychologists and licensed professional counselors.
it
Agenda
Agenda
City of Denton City Council Minutes GI
March 3, 1992
Page 19
The following ordinance was considered:
NO. 92-040
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
OF DENTON AGREEMLNTTBETWEEN THE
IONAL TCONSULT NG 5ERV~ICESO FORS THELCITY' S
RELATING AUTHORI
ZING EMPLOYEE HEALTH INSI.IRANC PROVIDING AN EFFECTIVEHDATEpENDITUR
OF FUNDS THEREFORE; AND
Chew seconded to adopt the OrdinancSmith n+aye roll
Perry motioned, Alexander "aye++, Hopkins aye motion
ell,
and Mayor Castleberry aY
voter Trent "aye", „aye ,
Chew "aye", Perry
carried unanimously.
The council considered adoption of an ordinance vacating
G Block D, Northwood Estates
easement in Lots 4 andT19, Lots 4 and 16, Block E,
a drainage exaBj
on to the City of Denton, Texas, and a
Addition
Northwood Estates Addition N~ hwoodiEstat of ~ Ation to the City
portion of Lot 131 Block F, and Zoning
of Denton, Texas. (The Planning
approval) of
Deputy City Manager, stated that this was a request
Currently there
some of e landowners in the Northwood Addition.
Rick vth the for drainage.
built abandonment in the street
was an easement aurora the back of their properties abandonment of that was That system was never rtylo nersrwere seeking
right-of-way. The prope
easement. Both the Developmeat,Review Committee and Planning an
Zoning had recommended The following ordinance was considered:
NO. 92-041
B OF DEHTON,
AN ORTHWDD VACATING ESTATES DRAINAGE ADITION LOTS 4 AND 19,
BLOCK CK D D,r THE D 16, BLOCK E, NORTHWOOD ESTATES ADDITION FO
THEE OF LOTS 4 AN DENTON, TEXAS, AND A PORTION OF LOT 131 BLOCK
AND ITY WO ESTATES
NORTHWOEFFECTIVETDATEmO THE CITY OF DENTON, TEXASI
DECLARING
Hopkins seconded to adopt the ordinance. On roll
Trent motioned, Alexander "aye'+, Hopkins "aye"~raye ith+0Moteion 11
Chew llaYe Perry Trent "aye", l+aye++t and Mayor Castleberry
Voter chew
carried unanimously.
f
Agenda IIO.
Agenda Item
Oalo
City of Canton city council Minutes oZ Q ~'6
March 3, 1992
Page 20
H. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and the State of Texas
providing for the payment of the costs of highway modifications for
Interstate Highway 35.
Rick Svehla, Deputy City Manager, stated that this ordinance
relocated the exi*. ramp for northbound 135 to the new Loop 288.
The original plans called for the ramp to come off fairly close to
Loop 288. The City had a concern that it was so close to the Loop
and might possibly result in traffic congestion and stacking
problems for traffic on Loop 288. The change in location allowed
Rancho Vista, the developer, to put more property on the frontage
road with easier access. It had been confirmed by the City's bank
that it had received the $450,000 from Rancho Vista.
The following ordinance was considered:
NO. 92-042
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS
PROVIDING FOR THE PAYMENT OF THE COSTS OF HIGHWAY
MODIFICATIONS FOR INTERSTATE HIGHWAY 35) AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
The Council took a short recess.
Mayor Pro Tom Hopkins was not present after the recess.
1. Miscellaneous matters from the City Manager.
A. The Council received the 1992 Utility Department
Forecast.
Bob Nelson, forecast was used uforethe Director for planning for utility Utilities, system stated that the
upgrades, and improvements.
Mayor Pro Tom Hopkins returned to the meeting.
Nelson presented the population forecast. It was predicated that
over a the
growth rates
years about
andt with would only grow
i
l~panda Na.
Agenda Itam~~_ ~~O'Z'
Onlo 7~
City of Denton City Council Minutes a~ ~G
March 3, 1992
Page 21
Denton's growth rate was slightly below the growth rate of the
other TMPA cities. Peak demand was expected to continue to
increase due to the success of the load management program. Denton
was projected to require additional generation capacity by the year
2001 for the 15% spinning reserve with no firm contract sales.
Denton would need additional generation capacity by the year 1996
for the 15% spinning reserve with firm contract sales. Denton
would have to decide whether to participate in the next TMPA
generation unit, construct, its own generation, participate with
another utility, or purchase firm power to assure that generation
capacity was provided in a timely manner. Denton's water demands
varied substantially depending on rainfall. Denton's raw water
supply was sufficient until the year 2016. Denton should be
receptive to any opportunity to obtain additional supplies. Denton
was designing a 10 MGD plant at Lake Ray Roberts. Construction was
currently scheduled for completion in May of 1996. However, the
forecast indicated that the completion of construction may be
scheduled as late as 1999 without the risk of water rationing. The
proposed water treatment plant should provide for Denton's normal
demands until after 2015. The Lake Ray Roberts plant could then be
expanded in increments up to an ultimate capacity of 100 MGD.
Denton was planning for a three million gallon ground storage tank
at the booster station on Hartlee Field Road which was scheduled
for completion in May of 1993. This forecast indicated that
completion of construction could be delayed until 1997, two years
ahead of the water treatment plant. Another three million gallon
storage tank would be needed by 2005. According to the Texas Water
commission criteria, Denton should have already begun construction
of a treatment plant expansion. Design was underway and near
completion for expansion to 13 MGD capacity. The projection of the
remaining landfill capacity had not changed from the 1991 forecast.
The landfill capacity was projected to suffice until 1996. The
effects of recycling might extend its life several months. Denton
may expand the landfill into the adjacent area to the east.
However, this expansion as well as any proposed expansions required
permit issue by the TOH and this process could take from three to
five years. It should be started immediately. With decreased
growth rate substantiall} impacted the amount of new capacity
needed.
City Manger Harrell stated that the reason the City was behind the
curve on the expansion of the wastewater plant was due to the
regulation changes for the plants implemented by the State, one of
this advantages of a slower growth rate was that the City could
delay the building of new facilities.
B. Work Sossion Item #3 was considered.
Agenda No. Agenda Ilem,_ SCy'~
City of Denton City Council Minutes Dalo__ ~1~'7~~!
March 3, 1992
Page 22
3. The council received a report and held a discussion regarding
the results of the Council Budget Questionnaire.
City Manager Harrell stated that results of the questionnaire from
the council had been complied. They had been ranked from highest
to lowest based on the council's recommendation. Staff would shape
the budget proposal to reflect the ranking. There was no clear
City service indicated for drastic cutback and no initiatives for
new efforts. Comments had been added which the Council had been
made. These would not be used as guidelines unless a majority of
the Council favored the effort.
C. There had been a school bus accide,,t earlier in the day
near Hickory Creek and Teasley. Eighteen had been injured and
transported to the hospital. None of the injured appeared to be
serious.
D. The Mayor and he had been briefed earlier in the day
regarding the closing of Texas Instruments. Texas Instruments
assured the city that the plant and the site were owned by them and
that they would be going through a review process to determine if
the facility could be used within the Texas Instruments structure
and some unit transferred in. There were no plans at this time to
put the facility on the market and the decision would only be made
after a thorough review.
Council Member Trent asked about the economic impact on Denton's
economy.
City Manger Harrell replied that a preliminary review indicated
that there would be a minimal effect on the property tax as the
property would continue to be assessed at the current value. The
inventory within the plant was minimal. From a sales tax
standpoint, most of the families who moved here came from
throughout the Metroplex. Many people were transferred here from
a job standpoint but who did not relocate here. Those who did move
here would probably commute to Lewisville. A large outmigration
was not seen. The biggest concern for City revenue was the effect
on the utility revenues from the plant. An initial review was
approximately $70,000 per month in revenue.
John McGrane, Executive Director for Finance, stated that of the
$44 million of assessed valuation, $38 million was for land and
improvemPr:ts which would remain on the tax rolls. $16 million was
equipment and inventory. The assessment for the current year had
already been done and the taxes had been paid for this fiscal year.
The impact would be for the next fiscal year.
q
J~{JOIld6 N0..
Agorids
City of Denton City Council Minutes dS.3 ,c/ la
March 3, 1992
Page 23
Mayor Pro Tem Hopkins observed that the city had never had any
existing buildings for future companies which might be a plus for
Denton if Texas instruments decided to sell the facility.
11. There was no official action taken on Executive Session items
discussed during the Work Session.
12. New Business
The following items of clew Business were suggested by Council
Members for future ager.uas:
A. Council Member Trent asked about the Interstate right-of-
way clean-up.
City Manuger Harrell indicated that the City had contacted the
Highway Department and they indicated that they would sweep the
area. The State right-of-way could not be mowed at this time due
to the wild flower season. The State had given the City permission
to install litter barrels in the area and staff was working on that
project. Harrell stated that it was a Council policy regarding
clean-up along the Interstate. He indicated that the State would
not object to the City having City employees cleaning up the area.
Traditionally, the city had not done that as the City had a two man
litter crew which was kept very busy cleaning up the city. If the
council as a group felt that it wanted to take on that
responsibility, the City could do that.
13. There was no Executive session lt:,'.d during the Regular
Session.
With no further business, the meeting was adjourned at 9:10 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC0004F
i
AgondaNo.._~ 'oe
Agendallom_ '2'--
CITY OF DENTON CITY COUNCIL MINUTES LYiIo ag~
MARCH 11, 1992
The Council convened into the Special Call Session at 4:00 p.m. in
the Council Chambers.
PRESENT: Mayor Castleberry] Mayor Pro Tem Hopkins; Council Members
Alexander, Chew, Perry, Smith and Trent.
ABSENT: None
1. The Council held a public hearing and considered adoption of
an ordinance with regards to the annexation and zoning of 23.059
acres located on Forrest--ridge Drive north of Ryan Road. (The
Planning and Zoning Commission recommended adoption 5-0 at its
meeting of February 1992.)
Frank Robbins, Executive Director for Planning, stated that this
was the annexation petition for which there had been two previous
public hearings. A preliminary plat to be developed as the Estates
of Forrestridge had been approved by the Planning and Zoning
Commission. Final plat was pending. This was the first reading or
the institution of annexation proceedings. The Council would be
voting on the annexation and the zoning of the property to SF-16.
The Planning and Zoning commission had recommended approval.
The Mayor opened the public hearing.
No one spoke in favor.
Bill Schoen indicated that he was in limited opposition. He asked
the Council to consider the options before passage. He stated that
the council had passed a resolution in 1989 regarding the
dedication of land or fees in regards to park facilities. A
developer of less than 500 homesites had to have a fee established.
He asked the Council to consider that before giving an automatic
approval. The streets in the area were a problem. The City had to
take the developer to court over the streets in the past. He felt
the track record of the developer was not goad if the city had to
take that developer to court in the past. Deed restrictions were
not being adhered to and thus residents were able to receive a
reduction in valuation of their homes from the Appraisal District.
He felt the City would lose with an automatic approval.
Dee Ludlam was concerned with the streets. She stated that she had
had her valuation lowered which she felt would cause a concern to
the City. Forrestridge I needed to have the streets completely
redone.
The Mayor closed the public hearing.
Lloyd Harrell, City Manager, stated that in 1988-19890 the city
went through an extensive study process regarding the advisability
of enacting an amendment to the subdivision regulations which would
AQnnda NO.
Apnda ltem_ . S ~
Qale ~ ~ ~ a.
City of Denton City Council minutes
March 11, 1992 0?S :f '
Page 2
require developers to make a payment to the City for park purposes.
Certain size of development would require land, less than that
would require a fee which would be escrowed and used by the city to
purchase property in the general vicinity of the neighborhood to
serve the neighborhood for park purposes. The park dedication
requirement was a requirement which many surrounding communities
were enforcing. The council, at that time, worked out an agreement
which stated that rather than making the dedication for park
purposes a mandatory requirement in the subdivision regulations, a
resolution would be passed indicating the intent of the city in
suggesting a standard which would be expected from developers as
development occurred within the community. That was done at the
urging of the developers in the sessions with a statement that a
voluntary standard would be honored. They wanted to give that a
chance before the City made any ;rind of mandatory requirement. The
city indicated that it would monitor developments to see if park
dedications were made. This was the second development since that
period of time which would be triggered with the voluntary
requirements. The first developer did not dedicate any park land.
The current developer had not indicated at this point that
voluntary dedication would be made. Forrestridge I, 11 and III
were platted prior to the adoption of the resolution.
Frank Robbins, Executive Director for Planning, stated that the
developer had not indicated any park land dedicated unless the
layout of the subdivision was dramatically changed. The City would
be asking for a fee when the building permits came in.
city Manger Harrell stated that these questions were relevant to
the annexation but were dealt more with the platting and the
enforcement of subdivision regulations.
Rick avehla, Deputy City Manager stated that street specifications
would be addressed during platting, section II was the area with
the street problems and the contractor did not meet some of the
City's requirements. The streets in the area were 16-17 years old.
It was not uncommon for streets to begin to deteriorate in that
time frame.
Council Member Trent asked how to assure the qual+,ty of the streets
as they were being constructed.
Svehla replied that when the project was platted, the plans would
be reviewed to ensure that they meet the City's specifications. As
the streets were built, inspectors would be on-site.
council Member Trent stated that during the last two years, the
number one and number two priorities of the Council had been street
Agenda No,
Agenda Itan~~sp
City of Denton City Council Minutes Dito_--L
March n, 1992
Page 3
repairs, He welcomed residents to remind Council of the street
needs,
Council Member Alexander stated that there were issues raised which
the Council needed to take into account. He asked if the
requirements for street construction had been modified in the last
few years.
Svehla replied yes.
Council Member Alexander stated that if there were not stiff and
strict standards on street construction, then it would be difficult
to keep up with repairs. He indicated that he had a problem with
developers who did not follow deed restrictions.
Council Member Perry asked if this was a preliminary stage of
approval and would the item be brought back to council at a later
date.
Robbins replied that the Council was currently considering the
zoning and the annexation of the property. Another area was
platting and development of the property. The Council would
consider the ordinance for a final reading and consideration on
April 21. The preliminary plat had been approved. The final plat
was scheduled for the Planning and Zoning commission on the 25th of
March. There had been no final review of the construction plans.
council Member Perry asked how binding was the resolution regarding
parks and fees on the City and the developer.
city manager Harrell replied that the resolution was an expression
of intent which set forth the City council's desires of what they
would like to see developers do and set the standard. There was no
mandatory provision within the resolution. Staff had been trying
to voluntarily gain compliance as developers entered the process.
There was no legal way, at this point in time, to extract that in
a mandatory fashion.
r
Council Member Smith asked for a clarification of what was required
of the council at this meeting.
Robbins replied that this was the first reading of the annexation
of 23 acres and the zoning of the property to SF-16,
Council Member Smith asked if there was a preliminary plat at this
time.
Robbins replied no.
Agenda No.
Agenda llelmm ies
City of Denton City Council Minutes D3lo'_~--~ ~`Zl
March 11, 1992 v~ v~ ~lo
Page 4
Council Member Chew stated that the Planning and Zoning Commission
would address the street and parks issues when the proposal came
before them.
Council Member Alexander asked that when the proposal came back to
council in April, would there be the availability of a public
hearing at that time.
Robbins replied yes.
The following ordinance was considered:
NO. (First Reading)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.059
ACRES OF LAND LOCATED ALONG FORRESTRIDGE DRIVE, NORTH OF RYAN
ROAD, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY]
APPROVING ONE-FAMILY DWELLING (SF-16) DISTRICT ZONING
CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000 FOR VIOLATIONS
THEREOF) AND DECLARING AN EFFECTIVE DATE.
Trend: motioned, Perry second^d to adopt the ordinance. On roll
vote, Trent "aye", Alexandeer "a,•,0, Hopkins "aye", Smith "aye",
Chew "aye", Perry 00aye", and Maycr Castleberry "aye". Motion
carried unanimously,
With no further business, the meeting was adjourned at 4:40 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO0052
Agenda No. _ 40//
Agenda Ilern~ s #2
D31D~
CITY OF DENTON CITY COUNCIL MINUTES d'
MARCH 17, 1992
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, and Trent.
ABSENT: Council Members Alexander and Smith
1. The Council convened into the Executive session to discuss
legal matters (considered action in David Solis vi, city of
Den o real estate, and personnel/board appointments (considered
appointments to the Building Code Board, the Electrical Code Board,
the Plumbing and Mechanical Code Board, the Sign Board of Appeals
and the Planning and zoning commission and considered an
appointment of an Assistant City Judge for the Municipal Court.)
2. The council received a report and held a discussion regarding
a University Students Ad-Hoc Committee.
Jesus Nava, Assistant to the City Manager, stated that staff had
presented a proposal for a University Students Advisory Committee
during the Council work session on February 18, 1992. At that
time, council requested that the students meet to give additional
thought to the proposed structure taking into consideration the
following issues - what would be the purpose. of the group, its
duties and responsibilities; did the committee have to be formally
enacted by the City Council and made advisory or could it be an ad
hoc committee for a period of time and then evaluated; what would
be the interposition of the group with the university
administrations. since that time representatives of the University
of North Texas and Texas Womants University met to refine the
committee concept and discussed the issues that, were identified by
the Council, The duties and functions of the committee would be to
assist the Council and the city government in promoting civic duty
among the university students by acting as a liaison between the
City and the university student population, specifically the
students wanted to (1) work to familiarize the student community
with local government by incorporating an overview of city programs
and services into college orientations, (2) assist the citizens of
Denton and the local government by coordinating volunteer projects
to be performed by the student community and its organizations, (3)
facilitate communications between the student community and local
government by identifying issues affecting the student's quality of
life and working with city officials to seek workable solutions,
(4) assist the citizens of Denton and the local government by
identifying student academics who may serve as scientific, literary
or artistic resources for city programs and projects, and (5)
assist the student population by developing mentorship and
internship opportunities with local government and the business
community. The university representatives also discussed whether
Agonds No.
Agenda JWni
City of Denton City Council Minutes X10 -r '
March 17, 1992
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Page 2
it was necessary to have the council formally create an advisory
committee or whether an ad hoc structure would be sufficient to
allow them to proceed with their work. The students agreed with
Council's suggestion that the committee could initially be ad hoc
and that an evaluation be made after a period of time to determine
the need to formally create an advisory body. The students were
concerned about having a staff liaison to assist them in their
work. They were assured that the City Manager's office would
assist their efforts. The students met with their respective
school administrators to discuss the formation of the committee.
Both the UNT and TWU students reported support from their
administrations for their efforts.
Council Member Trent asked if the Mayor, staff or Council
participated in new student orientation at the universities. He
felt that might be a good idea to incorporate.
Lloyd Harrell, City Manager, stated that if the council wished to
proceed, staff would prepare a resolution which would acknowledge
the group, pledge cooperation to work with the group and pledge
staff support of that function.
Mayor Castleberry stated that he had met with chancellor Hurley who
indicated that he was in favor of the proposal and saw it as a
positive approach.
Council Member Perry indicated that he was more in favor of the
proposal as presented with the student committee organized by their
governing bodies rather than a city committee. He felt a
Council/ Committee breakfast would be a good place to start so
everyone could meet. He never wi.nted the illusion that a student
could not talk directly with the council. He felt the committee
would be a method to improve communications between Council and
students.
Consensus of the Council was to proceed with the preparation of the
resolution.
The council then convened into the Regular Session at 7:00 p.m. in
the council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, and Trent.
ABSENT: Council Members Alexander and Smith
1. Pledge of Allegiance
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City of Denton City Council Minutes apsndaltem___s
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The Council and members of the audience recited the Pledge of
Allegiance.
The Mayor presented the following proclamationsz
Keep America Beautiful Month
Texas Surveyor's Month
2. The Council considered approval of the minutes of the Regular
Session of February 18, 1992 and the Special Call Session of
February 25, 1992.
Perry motioned, chew seconded to approve the minutes as presented.
On roll vote, Trent "aye", Hopkins "aye", Chew "aye", perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
3. Citizens Reports
A. The council received a citizen .eport from Cliff Hansen
regarding the Fry Street Fair,
Mr. Hansen stated that the council would be considering closing Fry
street on April 12 for the 13th annual Fry Street Fair. The Fair
had not been on Fry street for the last two ears. The ss
owners in the area had indicated that they wanted the Fairbbackeon
Fry Street as it was a large source of income for them. All but
one business owner were in favor of the Fair and that one stated
that it did not matter. Grace Temple Baptist church had indicated
a problem with their parking lot. The Lodge would be hiring 8 off-
duty police officers in the parking lot along with two Delta
security positions. There were at least 30 Lodge members on
security p;.~eitions. There would be 12 off-duty
present during the peak period and 8 officers in the morning. The
Lodge had taken an insurance policy for $1 million to cover any
damages.
B. Tho council received a citizen report from Chris Gustin
regarding the Fry Street Fair.
i
Mr. Hansen stated that Mr. Gustin was not able to be present and
asked that Michael Scissom be allowed to speak in his place.
M
r. Scissom stated that the Fair was important to the merchants in
the
Cityaneededrea.
The merchants rwanted i the Fair F back and
Street.
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AElenda Ilem_ '~i[i
City of Denton City Council Minutes f33~a f~;
March 17 1992
Page 4
4. Consent Agenda
Council Member Trent asked that Item 4.A.4, be pulled for special
consideration.
Council Member Trent stated that the use of police motorcycles was
a positive approach to police work. He stated that the difference
between the two low bidders was only $13.00. The low bidder was a
company in Irving and the second low bidder was a company in
Denton. He was concerned with the servicing of the motorcycles
while under warranty. He had found that the hourly rate for
service work was higher in Irving than in Denton plus the
inconvenience of having to drive to Irving for the service work.
Tom Shaw, Purchasing Agent, stated that that issue had been
studied. The bid requested the closest service facility offering
full warranty service, parts and repair facilities including hours
of operation, phone number for parts and service departments. The
Irving company had listed Action Imports of Denton, hours of 9:00 -
6:00 Tuesday through Saturday and that phone number for parts and
service. It was the intent of the Irving company to have the
Denton dealer, Action Imports, do the warranty work for the
motorcycles. There was no justification to abandon the low bid
meeting specification when the Irving company was offering exactly
the same warranty service.
Council Member Trent asked about the $13 difference. it meant that
the city would not be giving business to a local company which paid
local City, County and School taxes.
Shaw replied that by State law, the City did not have the option to
allow for a local preference. The $13 was small but legally even
if it were only $.01, the low bid had to be taken. Specifications
were written so that local vendors were not eliminated in any way.
Council Member Trent replied that State law precluded the City from
not taking the low bid.
Joe Morris, Assistant City Attorney, stated that State law
governing municipality purchases through the bidding process
required the City to award the bid to the lowest responsible
bidder. The price was the main component of that consideration.
other items could also be considered such as service and cost of
service. There was no option in the law to award a bid based on
local preference.
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City of Denton City Council Minutes Daley 7-
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Lloyd Harrell, City Manager, stated that two years ago, there was
legislation proposed to allow for a 5% credit for local vendors.
That legislation was not adopted.
Hopkins motioned, Chew seconded to approve the Consent Agenda. On
roll vote, Trent 'laye", Hopkins "Aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase orders:
1. Bid #1333 - Precast Manholes
2. Bid 01336 - Refuse Bags
3. Bid #1337 - Streetlight Heads
4. Bid 01339 - Police Motorcycles
5. Bid 01340 - Police Sedans
6. Bid #1335 - Paint/seal Exterior of Service center
7. PC #23032 - North American Transformer
8. Bid 01302 - ECG Monitor/Defibrillators
B. Tax Refunds
1. considered approval of a tax refund to Jean F. Bly
for $1,541.99.
2. Considered approval of a tax refund to Epic
Healthcare Group for $8,635.28.
5. Ordinances
competitivehbidsuand awarding considered a cont tact for purchase ordinance of materials,
equipment, supplies or services. (4.A.1. - Bid #13330 4.A.2. - Bid
#13360 4.A.3. - Bid #1337, 4.A.4. - bid #1339, 4.A.5. - Bid 01340,
4.A.8. - Bid #1302)
The following ordinance was considered:
No. 92-043
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE)
AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to adopt the ordinance. on roll
vote, Trent "ays", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry llaye". Motion carried unanimously.
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March 17, 1992 3
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B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (4.A.6. - Bid #1335)
The following ordinance was considered:
NO. 92-044
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioncd, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (4.A.7. - PC #23032)
The following ordinance was considered:
NO. 92-045
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISION OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Trent seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
D.The Council considered adoption of an ordinance authorizing
the Mayor to execute an agreement with Corgan Associates, Inc. for
professional architectural services relating to Phase I
implementation of the City of Denton Master/Space Plan; and
authorizing the expenditure of funds therefor.
City Manager Harrell stated that several months ago the Council had
seen the final plan for the city Master/Space plan which had been
under development for a year preceding that presentation. At that
point in time, the Council instructed the staff to undertake
negotiations with Corgan to develop a contract which allowed Corgan
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to move forward with the implementation of Phase I of the Space
Plan. The background information indicated the various features of
the contract. There was a provision which allowed the City to
cancel the contract should the need arise. The quality of the work
on the Master/Space Plan was good and the City had a good price on
the fee due to the familiarity of the plan.
Tom Shaw, Purchasing Agent, stated that the percentage of the
estimated cost was a good price. He had talked with several other
architect/engineering firms and had received from the Dallas ISD a
proposed fee scheduled which they used for project of this size.
Their rate for a project of this size was 7.12 for new construction
and 8.9023 for remodeling which was the category for the project.
Council Member Trent asked if a fee schedule had been requested
from any local architects.
Shaw replied no. He stated that there was a time prior to the last
legislature, where a fee schedule, a fixed rate or a percent of
estimated construction cost was requested in a request for
proposal. As a result of the last legislative session, that
particular tool for determining pricing was eliminated. Pricing
could no longer be asked for when requesting professional services
until a determination had been made who was the most qualified. At
that point, negotiations could occur with that company. if it
could not be negotiated to a fair and acceptable price, the second
most qualified company could be negotiated.
Council Member Trent felt that there were local people who could
benefit from such a contract. He felt the City went out of town
too much for such work.
Bruce Hennington, Superintendent for Facility Management, stated
that bids were taken from eight firms, three which were local.
Mayor Pro Tem Hopkins suggested that the contractor be encouraged
to use local subcontractors whenever possible.
The following ordinance was considereds
NO. 92-046
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH CORGAN ASSOCIATES ARCHITECTS FOR PROFESSIONAL
ARCHITECTURAL SERVICES RELATING TO THE IMPLEMENTATION OF THE
CITYPS MASTER SPACE PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
AgandaNo. pp 't pr~
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City of Denton City Council Minutes W10 ~.2,,-
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Page 8
Perry motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye$'. Motion carried unanimously.
E. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the south side of Windsor
Drive, from its intersection with North Locust Street to a point
437 feet east of the east right-cf-way line of North Locust Street;
providing a severability clause; and providing a penalty not to
exceed two hundred dollars. (The Traffic Safety Support commission
recommended approval.)
Rick Svehla, Deputy City Manager, stated that this ordinance was in
conjunction with the zoning for the Food Lion site. The Citizens
Traffic safety support Commission had recommended approval 6-0.
The following ordinance was considered:
NO. 92-047
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON THE SOUTH SIDE OF WINDSOR DRIVE, FROM
ITS INTERSECTION WITH NORTH LOCUST STREET TO A POINT 437 FEET
EAST OF THE EAST RIGHT-OF-WAY LINE OF NORTH LOCUST STREET;
PROVIDING A SEVERAB.ILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
abandoning and vacating Jennette Street located north of Mill
Street in the Alex Robertson Addition of the City of Denton, Texas
as a public street; and reserving a drainage and utility easement
therein. (The Planning and zoning commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that this was part of the
replat of the area the School District was considering. The City
would be retaining an easement to service the utilities in the
area.
The following ordinance was considered:
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Aganda No.
Agenda Reins 'Z
City of Denton City Council Minutes N10
March 17, 1992
Page 9
No. 92-048
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING JENNETTE STREET LOCATED NORTH OF MILL STREET IN THE
ALEX ROBERTSON ADDITION OF THE CITY OF DENTON, TEXAS AS A
PUBLIC STREET] RESERVING A DRAINAGE AND UTILITY EASEMENT
THEREIN; AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance vacating
a portion of the drainage easement in Lot 40, Block 5, Northlake
Park Addition, Phase V, to the city of Denton, Texas. (The Planning
and zoning commission recommended approval.)
Rick Svehla, Deputy City 11anager, stated that this was a request
from the homeowner. There Vas a small portion of the easement that
the existing home was built over. The request had been reviewed by
the Development Review Committee and staff saw no problem with the
request.
The following ordinance was considered:
NO. 92-049
AN ORDINANCE VACATING A PORTION OF THE DRAINAGE EASEMENT IN
LOT 40, BLOCK 51 NORTHLAKE PARK ADDITION, PHASE V, TO THE CITY
OF DENTON, TEXASI AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent 'laye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance
abandoning and vacating an alleyway located in the Mrs. McKennon's
Addition of the City of Denton, Texas, recorded in Volume J, Page
498 in the Deed Records of Denton County, Texas, as a public
alleyway. (The Planning and zoning commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that the present homeowner
was wanting to refinance his home. Improvements had been made in
what was once platted as an alley. The alley was never used and
had never been abandoned.
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Agenda No.
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Page 10 co
Mayor Pro Tem Hopkins stated that all along oak and Hickory there
had been an alley. She would like to clear up all the deeds
affected like the one they were doing tonight.
Deputy City Manager Svehla replied that staff would investigate the
item and felt that some of that.particular alley was still being
used.
The following ordinance was considered:
NO. 92-050
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING AN ALLEYWAY LOCATED IN THE MRS. MCKENNONIS ADDITION
OF THE CITY OF DENTON, TEXAS, RECORDED IN VOLUME J, PAGE 438
IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, AS A PUBLIC
ALLEYWAY; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
I. The council considered adoption of an ordinance approving
a retainer of the lawfirm of Howard E. Watt, P.G. to represent the
city in pending litigation.
Joe Morris, Assistant City Manager, stated that the ordinance would
retain Howard Watt to handle a lawsuit filed against the city by
Joslyn Nichols.
The following ordinance was considered:
NO. 92-051
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF
THE LAWFIRM OF HOWARD E. WATT, P.C. TO REPRESENT THE CITY IN
PENDING LITIGATION) AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. on roll
vote, Trent "aye", Hopkins "aye", chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
J. The Council considered adoption of an ordinance approving
a contract retaining R. William wood of the lawfirm Wood, springer
and Lyle, P.C. to represent the City in pending litigation.
Joe Morris, Assistant City Attorney, stated that Mr. Wood would
represent the City in two legal cases.
Agenda No.
Agenda City of Denton City Council Minutes Rate 7 `7=
March 17, 1992 cog
Page 11 c
The following ordinance was considered:
NO. 92-052
AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONTRACT
RETAINING R. WILLIAM WOOD OF THE LAWFIRM OF WOOD, SPRINGER &
L'YLE, P.C. TO REPRESENT THE CITY IN PENDING LITIGATION, AND
PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously,
6. The Council considered approval of the preliminary plat of the
A. Goldfield Addition; Lots 1 and 2, Block A. The 6.427 acre tract
was between Pennsylvania and Carmel Drives, and the site fronted on
Southmont Drive. (The Planning and Zoning Commission recommended
approval 3-1 at its February 26, 1992 meeting.)
Mayor Pro Tem. Hopkins left the meeting with a potential conflict of
interest as she lived within 200 feet of the proposed development.
Lloyd Harrell, city Manager, stated that a detailed presentation of
the factual circumstances of the item had been presented at the
last Council meeting,
Council Member Perry asked if the plat conformed to Chapter 34
requirements.
City Manager Harrell replied yes that it met all of the City's
subdivision regulations.
Trent motioned, Perry seconded to approve the preliminary plat. On
roll vote, Trent "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Hopkins returned to the meeting,
7. Resolutions
A. The Council considered approval of a resolution
authorizing tho city Manager to execute a lease between the City of
Denton and the Federal Aviation Administration for land at the
Denton Municipal Airport for the erection of a marker for the
Instrument Landing System for Runway 17.
Rick Svehla, Deputy city Manager, stated that this was a yearly
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Anenda Itanj_._ l , ,
City of Denton City Council Minutes Wto -4/-
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Page gr+ 12 / •J
renewal for the lease on land where the outer marker was located.
The following resolution was considered:
NO, R92-012
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION
ADMINISTRATION FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR
THE ERECTION OF A MARKER FOR THE INSTRUMENT LANDING SYSTEM FOR
RUNWAY 17; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, chew seconded to approve the resolution. On roll
vote, Trent "aye", Hopkins "aye", chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the filing of an application with the Department of
Transportation, United States of America, for a grant under the
Urban Mass Transportation Act of 1964, as amended.
Council Member Chew left the meeting with a potential conflict of
interest as he was a member of the SPAN Board of Directors.
Catherine Tuck, Administrative Assistant, stated that the council
had discussed the application at an earlier work session. The
application was the same as what had been proposed before with the
addition of $30,000 which the City anticipated to be reimbursed.
The following resolution was considered:
NO, R92-013
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED] AND PROVIDING AN EFFECTIVE DATE.
Trent motioned, Hopkins seconded to approve the resolution. On
roll vote, Trent "aye", Hopkins "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution
temporarily closing Avenue E from Eagle Drive to Prairie; highland,
from Avenue E to Avenue C; and Avenue D, from Maple to Highland on
April 11, 1992, from 5:00 p.m, to 10:00 p.m.
Council Member Chew returned to the meeting.
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March 17, 1992
Page 12 / (o
renewal for the lease on land where the outer marker was located.
The following resolution was considered:
NO. R92-012
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION
ADMINISTRATION FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR
THE ERECTION OF A MARKER FOR THE INSTRUMENT LANDING SYSTEM FOR
RUNWAY 17; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry Faye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the filing of an application with the Department of
Transportation, United States of America, for a grant under the
Urban Mass Transportation Act of 1964, as amended.
Council Member Chew left the meeting with a potential conflict of
interest as he was a member of the SPAN Board of Directors.
Catherine Tuck, Administrative Assistant, stated that the Council
had discussed the application at an earlier work session. The
application was the same as what had been proposed before with the
addition of $30,000 which the city anticipated to be reimbursed.
The following resolution was considered:
NO. R92-013
A RESOLUTION AUTHORIZING THE FILING OF AN APPL'MCATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Trent motioned, Hopkins seconded to approve the resolution. On
roll vote, Trent "aye", Hopkins "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution
temporarily closing Avenue E from Eagle Drive to Prairie; Highland,
from Avenue E to Avenue C; and Avenue D, from Maple to Highland on
April 11, 1992, from 5:00 p.m. to 10:00 p.m.
Council Member Chew returned to the meeting.
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Agonda No.
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Catherine Tuck, Administrative Assistant, stated that the
resolution would temporarily close the streets named so that the
African-American sororities and fraternities could have a regional
celebration called a Greek Show. The students had worked closely
with the University of North Texas Police Department and the Dean
of Students to make sure. there was adequate traffic control and
safety for a large number of people in the area. There were two
property owners other than the University who would be affected.
Mr. Graham with the Texas Pickup had indicated verbally his
support. The students had not been able to reach the manager or
property owner of the Brentwood Apartments. Because the University
of North Texas would be manning the barricades throughout the
evening, no resident or customer would be denied access to the two
locations.
The following resolution was considered:
NO. R92-014
A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO
PRAIRIE STREET; HIGHLAND STREET, FROM AVENUE E TO AVENUE C;
AND AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON APRIL
11, 19921 AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution.
The Mayor asked if Council would like to hear from Mr. Graham.
Consensus of the Council was to hear from Mr. Graham.
Mr. Graham stated that he was one of the people most affected by
the closing last time the event was held, The last event was
terrible. He felt this time the students should be given the
benefit of the doubt. He had a lot of customers who came from
outside Denton on Saturday evening. He was upset last time that he
never even received an apology. This year he felt it was being
organized professionally. The students had worked with the North
Texas Police as had he. He wanted the students to have the event
this year but if they could not control it, he would appreciate the
Council not approving it again. He had been promised security
which he was going to hold them to. It was simply such a large
` crowd that it was nearly impossible to get to his business, in his
opinion, the students had done a good job and he was in favor of
the street closings.
i
On roll vote of Council Member Perry's motion, Trent "aye", Hopkins
"aye",Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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March 17, 1992 !l/
Page 14
D. The council considered approval of a resolution
temporarily closing Congress Street, from Denton to Alice on May
15, 1992 from 3:00 p.m. to 6:30 p.m. for Cougar Day.
Catherine Tuck, Administrative Assistant, stated that this was an
annual event sponsored by the PTA at Calhoun Junior High School.
The only property affected by the closure was School District
property and signatures had been obtained from the Superintendent
and Principal in favor of the closing.
The following resolution was considered:
NO. R92-015
A RESOLUTION TEMPORARILY C1,OSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, MAY 15, 1992; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. on roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
D. The council considered approval of a resolution
temporarily closing a portion of Fry Street between the
intersections of Oak Street and Hickory Street on Sunday, April 12,
1992, from 11:00 a.m, to 10:00 p.m. for the Fry Street Fair.
Catherine Tuck, Administrative Assistant, stated that the Delta
Lodge had requested the street closure. The fraternity had
indicated that they would like the street closed early so that they
could clean the area. Council had heard earlier regarding the
proposed security and the problems that some property owners and
the Church had stated. There was a letter of opposition from the
Grace Temple Baptist church in the back-up materials. She
understood that the Mayor had received a letter from Curtis
Loveless who owned several pieces of property in the area who also
was in opposition. The rest of the tenants on the street with the
exception of one other owner had signed the petition except for the
apartment complex.
Council Member Trent asked for a legal opinion regarding the
closure of the street based on the ownership based on Mr. Loveless'
statement.
Joe Morris, Assistant City Attorney, stated that the Department r,ad
looked at the issue last year when the question arose. It was
their opinion that the City needed the consent of not only all
tenants but all owners abutting the street to be closed. Failure
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Aganda No.. _ L O
Agenda IIn/ni~ s
City of Denton City Council Minutes Lt~to _
March 17, 1992
Page 15
to do that, there was a question on whether the street could be
lawfully closed without those consents.
A speaker from the audience asked to address the Council on that
legal issue.
Consensus of the Council was to hear from the speaker.
Richard Gladden stated that last year he had spoken with Ms.
Drayovitch, City Attorney, when the issue came up at the last
minute with Mr. Loveless in regards of the rights of abutting land
owners to ingress and egress to their properties. She had concurred
in the opinion of Mr. Loveless with the regard to the legality of
closing a street and interfering with the right to ingress and
egress for the property owner. Ms. Drayovitch had referred him to
a section of the Texas Jurisprudence, Volume 43, page 186. On page
188 it was basically not disputed that property owners had vested
rights in ingress and egress to their property. However, the
question as far as a legal basis to prohibit or a right of recovery
or just compensation depended on whether the right had been
substantially and materially interfered with. The case he had
highlighted was a Texas Supreme Court decision which reached the
ruling that if a street were closed, so long as the property owner
had an alternative avenue, perhaps through a parking lot as would
be the case in the property Mr. Loveless owned on Fry Street, there
would be no legal basis and no legal right for a right of recovery.
There was also an issue of damages. What damages would Mr.
Loveless suffer from not being to get into a vacant rental property
for eight hours on a Sunday or Saturday. He would have no damages.
For that reason, he felt the Council was misled by Mr. Loveless.
Mr. Loveless was not present at the meeting to explain. He had
been a resident of Denton since 1978 and had not missed a Fry
Street Fair. His experience with the Fair was that everyone had
been well behaved and had never seen any of the problems indicated
by opponents of the Fair. He felt it was unfortunate that those in
opposition were not present to state those oppositions in person.
Mayor Pro Tem Hopkins stated that the City Attorney was the one who
had to answer to Council and the one Council had to listen to so
far as the law.
Gladden stated that Morris had had an opportunity to review the
research he had provided. This was the case Ms. Drayovitch had
referred him to and she had some doubts after the decision had been
made. If necessary, he would move that the council adjourn to
Executive Session and give Morris a chance to examine the law he
had provided which he felt very clearly showed the ingress and
egress issue was a "red herring".
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city of Denton City Council Minutes Dalo__
March 17, 1992
Page 16
Assistant Attorney Morris stated that Mr. Gladden was correct in
the sense that if the owner had access from any public street then
the consent was not required to close one public street. In that
sense a fact finding was in order. If it could be determined that
Mr. Loveless had access to all his properties including any other
people indicated by Ms. Tuck who had not given consent, then a
determination could be made.
Gladden replied that he could represent to Council that the parking
lot provided egress and ingress to all the properties Mr. Loveless
owned along Fry Street which would be perhaps closed or interfered
from in the front with the closure of Fry Street.
Council Member Chew stated that he and Council Member Perry had
spoken with some of the students regarding holding the Fair at the
Fairgrounds. He would like to see Council instruct staff and the
Mayor to talk with the Board of Directors and encourage the student
group to talk with the Board of Directors to see if the Fair could
be held at the Fairgrounds. He was committed to the Fry Street
Fair but would like Council to consider that option before any vote
was taken.
Chew motioned to table the resolution and instruct the staff and
the Mayor to talk with the Board of Directors of the Fairgrounds to
see if a feasible arrangement could be worked out to hold the Fair
at the Fairgrounds. Hopkins seconded the motion.
Gladden indicated that the time frame was very short and requested
some time limit on how long it would take the Council to act.
Council Member Chew indicated that it would be at the meeting of
March 24.
Council Member Perry asked Gladden if he would like to see the Fair
at the Fairgrounds.
Gladden relied no. There was a big difference having the Fair on
Fry street and having the Fair at the Fairgrounds.
Cliff Hansen stated last year the legality of closing the street
dealt with owners access to a vacant property. Mr. Loveless'
objection was that he wanted access to that piece of property so
that he could show that property to any prospective tenants. It
was also his understanding that since all of Mr. Loveless'
properties on Fry Street were filled, that there would be no legal
problems with him. He had also had indicated on the phone about a
week and a half ago that he would not oppose the Fair. Tonight was
the first they had any indication that he was in opposition.
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City of Denton City Council Minutes WID
March 17, 1992 vell r .54V
Page 17
Council Member Chew asked Hansen if he would have any objection to
holding the Fair at the Fairgrounds.
Hansen replied that one problem was that the Fairgrounds had a
liquor license and no one could bring in beverages due to TABC
ordinance. Either the Fairgrounds had to sell beverages or no one
could drink inside.
Council Member Trent stated to Hansen that he was not trying to
represent to the Council that people did not drink at the Fair.
Hansen replied no that people did drink and some of then did drink
in excess.
Council Member Trent replied that he felt that was the predominant
feature of the Fair.
Hansen replied that he like to think the predominant feature of the
Fair was the arts and crafts and the music side of the Fair. Any
involvement with the Fairgrounds would require them to sell
beverages and in so doing would be supporting the drinking which
they would rather stay away from.
Council Member Trent indicated that he had attended the Fair last
year. It was a difficult decision as the merchants on Fry Street
benefited greatly from the Fair. He also appreciated the charity
work and donations provided by the Delta Lodge. He noticed that
there was a lot of trash in carriage Square last year. He had been
led to believe that a greater concern would be made for the cleanup
of the area after the Fair. He had been disappointed to see what
was called the Fry Street Fair was just kind of a three ring
circus.
On roll vote of Council Member Chew's motion, Trent "aye", Hopkins
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Council Member Chew stated that his motion included direction to
have the city Manager's Office and the Mayor contact the Board of
Directors for the Fairgrounds and try and work out an agreement
along with the students to use the Fairgrounds for the Fry Street
Fair this year.
City Manager Harrell clarified the motion. The Council wanted the
staff and the Mayor to work with the Fair Board to see if they
would be agreeable to hosting the Fry Street Fair this year at
their facility. He sensed that that was the preference of the
Council who were present. If the Mayor and he were unsuccessful in
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04londa No.
Agonda Itom/_-p
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City of Denton City Council Minutes
March 17, 1992
Page 18
that venture, did Council want the issue listed back on the agenda
for the March 24 meeting.
Council 24 agenda if a negotiations were unsuccessful m for should the Fairrat
the Fairgrounds.
Mayor Pro Tem Hopkins stated that there were a number of issues
needed to be discussed in
of the g the Fair
the Council was of atomaticallyeallowin
on Fry Street.
8. Miscellaneous matters from the City Manager.
A. The Council considered appointments to the Lake
Information Committee,
City Manager Harrell indicated that there was a letter from
Representative Dick Armey in the back-up materials asking that the
council appoint representatives to work with his office and the
surrounding communities regarding Lake Ray Roberts, specifically
the provision for boat access to the lake. Item one called for an
elected city official or a Parks and Recreation representative. It
was his suggestion that if a staff member represent the Council,
that Howard Martin be appointed.
Council discussed the provision that the appointment be an elected
official.
Council Member Perry indicated that he would be willing to serve on
the Committee along with Howard Martin.
Consensus of the council was to appoint Council Member Perry and
Howard Martin to the Committee. Staff would investigate the
son.
Jerry apointing t Jerry using or Mr. Penton's Council
9. There was no official action on Executive Session items
discussed during the Work Session.
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent expressed thanks for the litter
barrel on the aresss road at 135 and Loop 288. He sugg
placing additional barrels at that site.
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lgenda No. n~
Aflenda llem!~ ~
City of Denton City Council Minutes Flo
March 17, 1992
Page 19
11. The council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was adjourned at 8:30 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC00054
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Agenda Ilomm
CITY OF DENTON CITY COUNCIL MINUTES" to _•-~---~-4-^-
MARCH 24, 1992 4-/7 y
The Council convened into the Special Call Session at 5:15 p.m. in
the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Alexander, Chew, Perry, Smith and Trent.
ABSENT: None
1. The Council received a report and held a diLcussion with the
Parks and Recreation Board and the 191 Committee regarding
implementation of the 1986 bond program.
Steve Brinkman, Director of Parks and Recreation, detailed several
of the options dealing the with 1986 bond program.
option One would build two new district recreation centers in the
northeast and southeast part of the community. included in that
option would be money to purchase land for the sites. A
disadvantage of this option was the operation and maintenance costs
associated with new facilities, approximately $300,000 for both
facilities. These facilities would be low revenue producing
facilities due to the size of the facilities. The facilities would
be approximately the size of North Lakes and Denia which was half
the size of the Martin Luther King, Jr. Center.
Option Two would expand the two existing centers and would add
approximately 10,000 square feet on to North Lakes and Denis. It
would allow for the purchase of a new community park somewhere in
the community for approximately $500,000. This would bring North
Lakczs and Denia up to the size of MLk or 20,000 square feet. The
operation and maintenance costs for the expansion would add
approximately $150,000 for both facilities.
Option Three would build a new district recreation center the same
size as Martin Luther King, Jr. Center. Land would be purchased
for the facility and remaining funds would allow for a small
addition to North Lakes and Denia. All of the options used the
$2.7 million which was available and all of the options included
$500,000 for the purchase of land except for options one and three.
Option Four would create a community center at the North Lakes
Recreation Center. This would add approximately 20,000 square feet
to the current 10,000 square feet at the facility. The new
operation and maintenance costs would be approximately $100,000 and
the revenue increase would be approximately $30,000. Land would be
considered in this option and $100,000 would be used at Denia for
renovation of the existing building.
Agonda PIo,
Aga.ida Ram
City of Denton City Council Minutes f7~1a--~-
March 24, 1992 74
Page 2 ~r
Option Five would use approximately $2 million of the available
money and build a natatorium adjacent to the North Lakes Recreation
Center, Because there would be no funds for expansion, it would
not be possible, design wise, to create one building. There would
be the recreation center and a pool next to it as two separate
buildings.
option Six would be a joint venture with the Denton Independent
School Board. This was the option which the Park Board and the 191
Committee felt was the most desirable option. The option would
include an additional 20,000 square foet onto North Lakes
Recreation Center, a 20,000 square foot indoor/outdoor swimming
pool with one half of the cost of the pool being covered by the
DISD. The DISD would be involved with a portion of the
operation/maintenance costs. The operation and maintenance costs
for the facility would be approximately $150,000 per year with
approximately $80,000 of potential revenue. Brinkman reviewed the
cost comparisons of the three primary options which were shown in
the agenda back-up.
Norman Hatfield, architect with Hatfield Crookless Architects,
detailed the plans for option six. The proposed structure would
include a new large gym with dressing rooms, a renovated center
with a fitness facility where the current gym was plus meeting
rooms. They had visited a number of pool facilities which were
jointly owned by a city and a school district and found that the
competitive pools were very heavily oriented toward competition and
very little done with recreation, It. had been discussed that a
pool needed to be competitive but was heavily oriented towards the
recreation and community activities. A youth center would be
designed which would be separate from the rest of the Center. The
addition would involve approximately 10,000 square feet which would
double the present capacity of the Center. The natatorium would
include a 25 meter competition pool but a final decision had not
been made on the size of the pool. This option included a $1
million participation by the DISD. The pool would included eight
lanes with a large recreation pool, There was the possibility of
developing a water slide which would generate possible revenue.
The proposal would also include a spa.
Mayor Castleberry asked if a 25 meter pool was equivalent to an
olympic size pool.
Hatfield replied that an outdoor olympic size pool was 50 meters,
Competition for high school was run at 25 yards or 25 meters.
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Aoanda No. _GgL
Agenda 11onn
D.1lo _
City of Denton City Council Minutes
March 24, 1992
Page 3
Council Member Perry asked what percentage of the pool use would be
for competition and what percentage would be for recreational
swimming.
Hatfield replied that scheduling would determine how it would be
used. The competitive pool could be used for recreation and
competition. The competitive pool had a minimum depth of four feet
which would limit some activities. There would also be a
recreation pool at the facility.
Brinkman stated that the competitive pool would be used primarily
for events such as swim teams. When the general public was in the
facility, both the competitive pool and the recreation pool would
be used by the recreational swimmers. The water temperature in the
recreational pool would be warmer than the competitive pool for
therapeutic functions.
Council Member Perry did not want to see the City subsidize a
private operation with competition.
Brinkman replied that the competitive meets would be DISD meets and
for city meets. There might be occasions where the facility would
be rented as any of the other city facilities.
Hatfield detailed option four which would not require DISD
participation. option four would include similar renovation of the
North Lakes Recreation Center but would not include a pool. There
would be a new gym and additional meeting rooms. The design would
include future pool use. option six was approximately $3.1 million
and option four was approximately $2.1 million.
Dalton Gregory, Chair-Parks and Recreation Board, stated that in
1986 when the bond package was passed, the vision for Denton was to
have more increase the park facilities in Denton. At that time,
three new recreations centers were envisioned. one center had been
built, the Martin Luther King, Jr. Center. As time went on, it was
hard to justify the two new centers with rising operation and
maintenance costs making it hard to keep the current centers open.
Another change was the park land donation policy. That policy
relied on the donation of land for park facilities. Now, however,
most of the developers who had been involved in the establishing of
that policy were no longer developing property in Denton and the
land possibilities were gone. If two new centers were to be built
now, they would have to be the size of North Lanes and Denia which
really were inadequate. The Parks Board would like the Council to
pursue other options to the building of two new centers. They
suggested creating better recreation facilities but not overburden
with operation and maintenance casts. option six allowed
A4tenda Itom L~
City of Denton City Council Minutes D
March 24, 1992
Page 4
participation with the DISD. The Board recognized that there may
be problems with the DISD and wanted more than one option. option
four added an additional recreational facility which also had the
potential for a future pool expansion.
Council Member Trent asked that if the DISD participated, they
would pick up the cost of the pool.
Gregory replied that the DISD would pick up half of the cost of the
pool.
Council Member Trent asked if the Board had received any public
input on these options.
Gregory indicated that these had been preliminary discussions. The
strategy was to narrow the options before public hearings. Various
sites in the City had been contacted to hold the public hearings.
Council Member Perry suggested holding one of the public hearings
at the North Lakes Center as there was a strong input from ne geborhooddgrosp
there and the Board could get good indivil.
North Lakes would be impacted no matter which option was chosen.
Lakes rCenter replied the Board ffithe rst fstarted considering the idea,
Council Member Chew suggested holding one of the hearings at the
for tond
Senior
program back Center nand needed the individuals to voted participate,
Jack Miller, Chair-191 Committee, stated that the purpose of the
1191 Committee was to keep check on the bond funds so that they were
spent as designated in 1986. He stated that conditions had changed
since 1986 and that the Committee had looked at the expenditures of
the funds over the years to see if that was the intent of the
voters. The Committee felt that the proposed options remained in
the intent of the voters. The options had the endorsement of the
191 Committee and felt that it did not violate the trust of he
voters. The Committee supported optio six as the primary
option four as a secondary op
Mayor Pro Tem Hopkins stated that ahe was supportive of both groups
in taking the initiative in this irsue.~Sh felt n wfo besmalleo
have several facilities which " ''d o `er more ted than
refinement in
facilities which could offer , repair and renovation of
the options which would alle, ;eing bond funds for the
the Civic Center Pool. She sst money to fund land
Civic Center Pool and per,
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Ailondallllo/i11Jt__lr«.S
City of Denton City Council Minutes lino
March 24, 1992
Page 5 G~
purchases. She was very supportive of the options but did not want
to neglect the Civic Center Pool.
Council Member Chew agreed.
Council Member Smith stated that the city needed to repair what it
already had and keep it in good condition.
Mayor Castleberry indicated that the staff should look into the
renovation of the Civic Center Pool after this season and include
it in the 1992-93 budget.
Lloyd Harrell, City Manager, stated that staff would work with the
Park Board to determine the needs of the Civic Center Pool and
modify options six and four to accommodate those renovations. The
item would be placed on the next Council agenda for considerati'on.
2. The Council received a report from the Highway nepe,:°tinent
regarding litter and sweeping activities on the 135E right-of-way.
Rick Svehla, Deputy City Manager, stated that Buz Elsom of the
Highway Department was present to brief council on what the
Department did on the 135 corridor.
Buz Elsom, Highway Department, stated that the Highway Departmentts
responsibilities on 35E and 35 were from the outside curbs in on
the frontage roads and jointly with the City from the outside curbs
to the right-of-way line. Currently mowing and litter the
Department had person mil to handle emergency/ safety situations.
The remainder was contr. +ted. The current litter contract had five
cycles per year. A cyc:(was one pick-up over a given area and
were spaced out over a 10 week interval. The number of cycles was
determined by the amount of litter picked up each time. An
acceptable amount of litter was between 5 and 8 cubic feet 4:er
acre. Mowing was done in four cycles on the zntersate. The mowing
was spaced as the need was perceived. The first mowing was done
after the wildflowers went to seed and the last mowing was done
after the first frost. There currently was no sweeping contra-t in
the City. The Department used its own sweepers as the maintenance
people saw a need.
Council Member Tront noted a number of areas where there was a lot
of trash.
Elsom indicated that the Department would work with the City if an
area had an above average amount of trash. The Department mainly
had the mark contracted out as opposed to their own crews.
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City of Denton City Council Minutes Ulm
March 24, 1992
Page 6
The Mayor thanked Mr. Elsom for his presentation.
Item 14 was considered.
4. The Council considered approval of a resolution authorizing
the Mayor to sign a petition requesting a Certificate of Interim
Use from the interstate Commerce Commission for Union Pacific
right-of-way.
Jesus Nava, Assistant to the City Manager, stated that a prior
presentation indicated that the Union Pacific would notify the City
when they had submitted a petition for abandonment to the
Interstate Commerce commission which was the federal agency
responsible for giving permission for abandonment. At the same
time that the Union Pacific filed a petition for abandonment, the
City needed to file a petition for a Certificate of Interim Use
from the ICC. This certificate put the ICC on notice that the City
was interested in the right-of-way and if granted, prevented the
Union Pacific from exorcising their abando"ment rights. The City
was still in the process of negotiating a ase agreement with the
Railroad. The resolution would authorize the Mayor to sign a
petition to submit to the ICC,
Mayor Pro Tem Hopkins asked if this entailed any financial support
from the City.
Nava replied no.
The following resolution was considered:
b'0. R92-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
AUTHORIZING THE MAYOR TO SIGN A PETITION REQUESTING A
CERTIFICATE OF INTERIM USE FROM THE INTERSTATE COMMERCE
COMMISSION FOR UNION PACIFIC RIGHT-OF-WAYJ AND PROVIDING AN
EFFECTIVE DATE.
Perry motioned, Alexander seconded to approve the resolution. On
roll vote, Trent "aye'O, Alexander "aye", Hopkins "aye", smith
"aye'0, Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
The council returned to the regular agenda order.
3. The council received a report and held a discussion regarding
the Storm Water Utility.
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Aanirda No. __..7
Agonda Itorn.._
City of Denton City Council Minutes Rito ~L_Z7~-ya.
March 24, 1992 ufo
Page 7 4`
Bob Nelson, Executive Director for Utilities, stated that on
Tuesday, March 10, 1992, Bob Coplen, Chairperson of the Council's
Storm Water Utility Committee, presented the committee's report.
The Council accepted the report at that time and requested that the
issue of establishing a storm water utility be placed on a future
Council workshop for additional discussion. The next phase in the
process of establishing a storm water utility, if the Council
decided to do so, would be to develop an Action Plan which would
include the necessary public hearings. The Committee; recommended
that the storm water utility be established, but left the
implementation of the utility fees as an issue for Council's later
deliberations. To establish the utility would require (1)
preparation of an ordinance, (2) giving appropriate legal notice to
the public, and (3) hold public hearings. If, after these steps
were taken, the Council adopted the ordinance and established the
storm water utility, the utility could either continue to be funded
by ad valorem taxes, or the Council would decide to take the next
step and develop and set storm water fees. Nelson reviewed the
schedule necessary for an October 1, 1993 implementation of
establishing a storm water utility.
Council Member Perry indicated that he would like a comprehensive
lay out of what actually was involved, Including currant structures
and what might be proposed. Was there a five year plan or would it
involve only the existing drainage structures.
Nelson replied that staff could rake a presentation on what the
City's long range system. he stated that the way the drainage
system currently operated would not be changed a great deal once
the utility was established.
Mayor Pro Tem Hopkins indicated that she was comfortable
establishing the utility without establishing the rates. she did
not want to move from the current situation until the City received
State or EPA requirements. She was comfortable initiating the
storm water utility but did not want to see any fees established at
this time.
Council Member Alexander agreed that the City needed to establish
the utility but was not ready to set any rate. He was concerned
with the structure of the rates. He was against establishing a
regressive rate structure and using it in any way to replace the
regressive property tax.
Council Member Trent asked about the size of staff needed to
administer a storm water utility. If more personnel were needed,
it would impact the budget. The recommendation from the chairman
of the Committee was that if there were a fee, a corresponding
Fonda No. all
Agenda Ilon
City of Denton City Council Minutes l2~l0 02
March 24, 1992
Page 8 ✓fo
reduction would occur in the ad valorem taxes. He agreed with that
point and also agreed that the fee did not have to implemented at
this point in time. He asked why a 25% exemption was given for
government properties which would include schools, universities and
the City.
Nelson replied that it was a compromise on the part of the
Committee. The universities and schools did not currently pay ad
valorem taxes and the effect of the utility would be a round robin
effect.
Lloyd Harrell, City Manager, stated that he did not see the
i
staff. There would be nr, more staff mplementation of the store water utility having an effect on the
to
run that philosophy of the Cam ittue regarding theimplementation lof the fee
had been divided. One group wanted to wait until the EPA required
it, one group wanted to implement in the following year's budget,
and one group wanted to implement it at the next budget year. once
the quality mandates were received, there would be no debate as
costs would increase greatly. A budget question which council
needed to discuss was an equity question of funding storm water
charges. He agreed with Council Member Alexander that a fee on the
surface tended to be regressive. What Council needed to discuss
was the current community situation in that there was so much tax
exempt property in the community which did not pay property tax.
In that situation, the residents had to pay a much higher property
tax in order to generate the same income most communities of
Denton's size generated. When the Council decided to implement the
utility, it could broaden the base which would include more
entities to help pay the cost.
Council Member Perry felt that without the universities, the City
would not have to worry as much about the size and structure of the
drainage system. However, the universities contributed in another
fashion to the City. The univarslty of North Texas contributed
approximately one third of the dollars that flowed into the Denton
economy and in that sense did contribute to the tax base.
Council Member Alexander felt that the fee should be structured in
an equitable fashion. He was concerned that the fee structure,
itself, was regressive. He wanted to See that corrected before it
was implemented. He felt there was some value, in an equity sense,
of replacing the existing property tax used in this area with fees.
He wanted to be sure that the fees implemented were not more
regressive than the property tax.
Council Member Chew asked about an exemption for churches.
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Agenda Ilom
City of Denton City Council Minutes Arlo
March 24, 1992
page 9 1~~71
Nelson replied that the state law prohibited totally exempting
churches. The Committee had recommended that staff continue to
search for ways to assist churches. That probably would have to be
done on the state level.
Council Member Perry stated that one would have to be very careful
about the equity of the fee. What might be taken away in ad
valorem tax might triple in fee.
City Manager Harrell stated that there were three elements
involved. one was the operation and maintenance of the current
system, one was the drainage improvements to take care of the storm
water quantity and one was the water quality problems versus water
quantity problems,
Council Member Trent asked about the effect on new subdivisions or
development and the effect during the development stage.
Nelson replied that there would not really be a problem during the
development stage as the fee involved impervious surfaces. The
streets would be dedicated to the City and unless there was a lot
of concrete slabs, a developer would not have a problem.
Consensus of the Council was to proceed with the set up of the
storm water utility but not to proceed with any fee structure.
5. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following item:
A. The School District had invited the Council for a joint
luncheon. They had proposed the following dates; April 21, April
22 April 27, April 29, April 30 and May 1. He asked the Council
which dates would accommodate their schedules. Consensus of
Council was to try and hold the luncheon on May 1.
6. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent had had a call from a homeowner on
Fairfax who had a drainage problem. He asked staff to look into
the problem.
B. Council Member Trent stated that portions of sidewalks
had been replaced on East Hickory and were lower than the original
grade. He asked that be investigated,
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City of Denton City
March 24, 199 Council Minutes Dale
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Page 10 ,rj(o
C. Mayor Pro Tem Hopkins asked for a report on the sibilit
drafti
ordinance insthe City whi h could be de eloped similarttogthe pockets acreage
D. Council Member Perry asked for a better explanation of
the State ruling relating to the plat/replat issue.
E. Council Member Chew asked for an update on the bird roost
problem.
F. Mayor Castleberry asked for a redrafting of the letter
sent to homeowners concerning the bird roost problem to make it
mort• user friendly.
G. Council Member Perry asked for a description of the
bounds of the egret nesting places.
7. The council convened into the Executive Session to discuss
legal matters, real estate, and personnel/board appointments
(considered appointments to the Building Code Board, the Electrical
Code Board, the Sign Board of Appeals, the Historic Landmark
Commission, and the Planning and Zoning Commission; considered an
appointment of an Assistant City Judge for the Municipal Court; and
consulted with the City Manager, the City Attorney, and the
Municipal. J,idge regarding goals and objectives for 1992 for
Municipal coart,
8. There was no official action taken on Executive Session items.
With no further business, the meeting was adjourned.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC00056
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Agenda No.
Agenda Ilam
oats 7- 9 X,
D Et 04/ /92
CITY COUNCIL REPORT FORMAT
TOt Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECTt Z-92-008 EXPANSION OF DENTON COUNTY JAIL FACILITY
RECOMMENDATIONt
The Planning and Zoning Commission recommends approval (6-0).
SSCM~X t
Request approval of a Specific Use Permit on a 21.97 acre tract of land
located on the west side of Woodrow Lane, approximately 350 feet south
of McKinney Street.
BACKGROUNDt
See P&Z Report.
PRQGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt
i
City of Denton citizens and Denton County.
FISCAL IMPACTt
N/A
ully m edt
l
01 Prepared byt Llo d N. Harrell
City Manager
K en K. eshari
Urban Planner
App a t;
i
ank H. R' Rob obbins, AICP
Executive Director
Planning and Development
AXX00126
f:
Nonda No.
Agenda Item
Ddto PLANNING AND ZONING COMMISSION REPORT v
Tot Mayor and Members of the City Council
Case No*: Z-92-008 meeting Dates 04/07/92
GENERAL INFORMATION
Applicants Denton County
110 W. Hickory
Denton, TX 76201
(Honorable Jeff Moseley, County Judge)
Current Owners Same
Requested Actions A Specific Use Permit on property zoned Light
industrial for the purpose of expanding the
Denton County jail facility.
Location and Size: A 21.97 acre tract of land located on the west
side of Woodrow Lane approximately 350 feet
south of McKinney Street.
Surrounding Land Use and Zonings
North - General Retail, vacant
South - Single Family 71 City of Denton Animal Control
building
East - Light Industrial; and MF-1; vacant, and single-family
residential, and apartments
West - Light Industrial (C); vacant
Denton Development Plant
Low Intensity Area
;i
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I
ii
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Ir
Agenda No.
Agenda itam!e S if 9
Planning and Zoning Commission Report tlo ~_~^Z
2-92-008
April ril 7, , 1992
SPECIAL INFORKATION
Transportation:
Additional public improvements are not required as the
property has already been platted.
• The Engineering and Transportation Department suggests that
the County petition the Texas Department of Transportation
to use their maintenance crew to widen the pavement on
McKinney Street from Woodrow Lane to Jeannie Street so that
a westbound turn lane may be added at the jail entrance.
• No additional driveways on Woodrow or McKinney Street will
be permitted, it appears that the existing drive
approaches will be used which is acceptable.
• A parking lot permit will be required when building plans
are submitted, they should include a parking lot plan
including proposed grades, layout and pavement secti:,j.
Utilities:
Water Water service will be provided by the 20 inch water line on
Woodrow.
Sewer sanitary sewer service is available from the 12 inch sewer
line on Woodrow. There is an existing 24 inch sewer line
traversing this site. The line as well as the easement
must be abandoned prior to issuance of any building permit.
The request for abandonment is the responsibility of the
applicant.
Fire There is a fire hydrant located on Woodrow in front of this
property. Fire flow is adequate.
Construction of buildings must comply with the Uniform Fire
Code, 1985 Edition, Section 87-103.
Page 2
1
Ngonda No,_D
Apenda Ile /es
Q3la_ ~ ~~9z
Planning and Zoning Commission Report ~'/l
Z-92-008 Y~
April 7, 1992
SPECIAL INFORMATION
The building must be fully protected by an automatic fire
sprinkler system and must comply with the City of Denton
Ordinance 91-065, except where the state has imposed a
separate regulatory scheme in regard to the fire
protection.
Fire sprinkler plans must be approved by the Fire Marshal.
91eotric Electric service is available.
HISTORY
This tract of land was zoned Light Industrial in 1989. Shortly
after this rezoning case, the City Council approved an amendment to
the zoning ordinance requiring correction facilities to have an
approved Specific Use Permit. Because the jail facility is
expanding, an approved Specific Use Permit is warranted.
On March 25, 1992, the Planning and Zoning commission heard the
case of 2-92-008 and unanimously recommended approval (6-0).
ANALYSIS
Although this property is located in a low intensity area, we will
not be applying the policies of the Plan for this specific use.
Property owned and used by governmental agencies must be analyzed
differently than properties owned by private entities. Joe Morris,
Assistant City Attorney, has stated that "the power of the city to
regulate the use of county-owned property through its zoning power
is limited.1+ This opinion was determined because the Texas
Attorney General has ruled that political subdivisions are immune
Page 3
I
Apends No. , - /
Agenda Ilem__l~~ -
Planning and Zoning Commission Report
-92-OO8
A !S
April 7, 1992
ANALYSIS - continued
from the Municipal zoning power subject to "a rule of
reasonableness." The Legal Department believes the City probably
could not prevent the County from expanding the use of the property
for County purposes unless the City could show that use of the
property would be unreasonable. (See memorandum to the City
Council from Joe Morris dated February 28, 1992,)
The applicant's submission has shown on a site plan all of the
technical data required for review of a Specific Use Permit. The
request is for expansion of the existing facility. Staff's opinion
is that the expansion of the jail is no more intense of use than
most uses allowed in the Light Industrial district. Therefore, it
does not appear that the use of the land would be unreasonable.
RECOMMENDATION
The Planning and zoning commission recommends approval of Z-92-008.
(6-0).
ALTERNATIVES
1. Approve petition
2. Approve petition with conditions
3. Deny petition
ATTACHMENTS
i
F 1. Location Map
2. Proposed Site Plan
3. Memorandum to City Council dated 2/28/92.
4. Draft copy of P&Z Minutes dated 3/25/92.
5. ordinance.
AXX00114
Page 4
ATTACHMENT 1 AgondaW.
Z-92-008 County Correctional Facility Ayonda Ilem_ Dolo
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Agenda Rant ees #
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The Attorney General of Texas
JIM MATTOX July 5. 1984
Attorney General
Supreme Court Building Honorable Fred M. Barker O
P. O. Box 12508 pinion No. JM-180
Austin, TX, 78111-2548 parker County Attorney
51214752501 County Courthouse Rat Whether an auxiliary county
Telex 910974-1367 Weati erford, Texas 76086 courthouse is subject to city
Telecopier 5121475.0266 zoning ordinances
714 Jackson, Suite 700 Dear Mr. Barker:
Dallas, TX. 752024506
210712.8911 You ask whether Parker County's use of a tract of land for an
auxiliary courthouse within the city limits of the county seat is
4824 Alberta Ave„ Suite 160 subject to the city's zoning ordinances and building coda. We
El Paso, TX. 19905,2793 conclude that the county's use of land for an auxiliary courtbatuse is
9151633.3484 subject to the municipality's zoning ordinances only to the extent
that such ordinances do not prevent the county from reasonably
locating its auxiliary courthouse within the municipal limits of the
Arles, Suite 700 county seat. Additionally, we conclude that the county must comply
µouslon. TX. 77002.3111 with the municipality's building and fire codes.
V223.5666
Texas courts have yet to determine the scope of a municipality's
806 Broadway, Suits 312 zoning power over county property located within municipal limits. We
Wltbock, TX. 79401,3479 recently hold that buildings, structures, and land controlled by
8=747.5238 federal or state agencies are exempt from municipal zoning. Attorney
General Opinion JM-117 (1983). However, a political subdivision's
4009 N. Tenth, Suits B property is not state. property for purposes of resolving conflicts
McAllen. TX. 78501.1685 with another political subdivision. Port Arthur Independent School
9121682'4547 District V, Citv_of Groves, 376 8.W.2d 33011 333 (Tex. 1964); Attorney
General Opinion NW-508 (1982).
200 Main Plaza, Suite 400
San Antonio, TX, 782052791 A municipal zoning ordinance which conflicts with or is
51212254191 imonsistent vith state legislation is invalid. City of Brookside
Valfte v. Comeau, 633 S.W.2d 7901 796 (Tex. 1982). However, state
An equal Opportunity/ = s tion in a particular field does not automatically presmpt that
Affirmative Action Employer field from municipal regulation: local regulation ancillary to and in
harmony with the purpose of the state legislation is acceptable. Id.
Thus, whether a stupicipality asy exercise toning power over a county s
auxiliary courthouse located within the municipality depends upon
reconciliation of two different, potentially conflicting legislatively
created powers.
r
The commissioners court of a county has the authority to provide
auxiliary courthouses in the county seat. V.T.C.S. art. 1605&»5,
d.
p. 794
- f ~ssssrr~lo~e
'i
lionorable Fred M, Barker - Page 2 (JM-180) AgoridaNo,
Agoida Item
RAID _
S1(a)(i); ~FAI
V.T.C.S. art, 2370b, S1, Subsection 1(a)(1) of article
1605a-5 specifically authorizes the commissioners court to provide
auxiliary courthouses
in any part of the city, town, or village
designated as the county seat, including a part of
the municipality added to the municipality after
it became the county seat, but not including a
part of the municipality that is outside the
county. (Emphasis added),
However, the legislative history does not indicate that "in any part"
was intended to address a conflict with city zoning ordinances;
rather, it was intended to indicate that the county is not limited to
the "town center."
Additionally, counties have the right of eminent domain
for the purpose of condemning and acquiring land,
right of way or easement in land, private or
public , . , where said land, right of way or
easement is necessary in the construction of ,
courthouses . , , .
V.T.C,S. art, 3264a. Article 6702-1, section 4,302, grants counties
the right of eminent domain for road construction and maintenance
purposes within the boundaries of municipalities and expressly
requires the prior consent of the municipality. No similar statutory
requirement for a municipality's consent applies to county
condemnations pursuant to article 3264&. Cf. City of Tyl&r v, Smith
county, 246 S.W.2d Gal (Tex, 1952); El Paso Count v. city of E1 Paso,
35 S.W.2d 783 (Tex. Civ,.App,. - El Paso 1962, no writ (resolution of
conflict over condensation by one political subdivision of property
belon is to an • uall owared subdivision ultimately rests on the
paramount use &no best interests a the public).
Zoning regulation is a recognized tool of community planning
which allows a municipality, in its legislative dircretion, to
restrict the use of property for the protection of the general health,
safety, amd velfare of the public. City of Brookside Village v
Comeau, bras see V.T,C,Ss arts. 1011a through 10111 (the zoning
enabling act of Texas which authorizes building and zoning regulation
by municipalities), Because a municipal zoning ordinance which
conflicts with or is inconsistent with state legislation cannot stand,
City of Brookside Villasa v, Comeau, supra, an ordinance which defeats
the legislative authorization to counties to establish courthouses is
invalid.
p. 795
t
NandaNO._
Honorable Fred M. Barker - Page 3 U64-180) AOonda H'o/m__.l el-4-
Texas courts dealing with conflicts between municipalities and
school districts employ this reasoning to hold that municipalities
cannot use their zoning powers totally to exclude tha reasonable
location of school facilities within municipal boundaries. Austin
Independent School District v. City of Sunset Valley, 502 S.W,2d 670
(Tex. 1973); Port Arthur Independent School District v. City of
Croves, 376 S.W.2d 330 (Tex. 1964); City of Addison v. Dallas
Independent School District, 632 S.W.2d 771 (Tex. Civ. App. - Dallas
1982, writ ref 1d n.r.e,). Allowing such an exclusion would defeat the
school district's power of eminent domain. Auatin Independent School
District v. City of Sunset Valley, supra; City of Addison v, Dallas
Independent School District, supra. Nor can the zoning ordinances of
municipalities override the eminent domain powers granted by the
legislature to other types of entities. See Gulf, C. 6 S.P. Ry. Co. y.
White, 281 S.W.2d 441 (Tex. Civ. App. --Dallas 1955, writ ref "d
n.r,e.); Port Worth b D.C. Ry. Co. v. Ammons, 215 S.W.2d 407 (Tax,
Civ, App. - Amarillo 1948, writ ref 'd n.r.e.).
As a practical matter, a political subdivision's "immunity" from
municipal zoning is limited by a rule of reasonableness. For example,
despite language in the Sunset Valley case that school districts are
absolutely immune from a city's zoning power, the supreme court
emphasized that its holding was
not that the School District can act with
impunity . . . . 'This immunity is absolute
unless the City in a given instance can show that
its exercise is unreasonable or arbitrary.'
502 S.W.2d at 674 (quoting with approval from City_ of Newark v.
University of Delaware, 304 A,2d 347, 349 (Del. Ch. 19 3 ; see City
of Addison v. Dallas Independent School District, 632. S.W.Zd, at
772-773. -
Similarly, in Porter v. Southwestern Public Service Co., 489
S.W.2d 36L (Tex. Civ, App. - Amarillo 19729 writ ref 1d n.r.a. , the
court held that, absent a sustained challenge, a city did not usurp
the eminntt domain power of a public utility by requiring it to meet
certain standards under city zoning ordinances. Thersfore, we
conclude that Parker County's use of land for an auxiliary courthouse
is subjaet to the city's zoning ordinances only to the extent that
such ordinances do not prevent the county from reasonably locating its
auxiliary courthouse within the municipe.l limits of the county seat.
However, the county must comply with city regulations regarding
the construction of its auxiliary courthouse. Texas courts
distinguish between municipal control over the location of buildings
of another political subdivinlon and control over the construction of
Ruch buildings. See, e.g., Sunaet Vallsy, supra, At 6730 The supreme
p, f796
;s
Honorab 1e Fred M. Barker - Page 4 (JM-180) konda No,
Agooda11am~__
OHIO
court in Port Arthur Independent School District v City of Groves,
supra, held that a school. district must comply with the city's
building regulations. The legislature, by authorizing the school
district to locate a school facility within a municipality, did not
preempt the city e police power to enforce necessary health and safety
regulations. Port Arthur Independent School District v City of
Groves, supra, at 334. In Attorney General Opinion MW-508 (1982),
this office extended this rationale to counties and determined that
county .,buildings within municipalities are subject to municipal fire
codes. See also Attorney General Opinion WW-218 (1957),
Although particular "police power" regulations which, in effect,
prevent the location of another political subdivision's facilities may
be invalid, see, e.g_, City of Addison v. Dallas Independent School
District, supra, the county's authority to locate buildings in a
municipality does not abrogate municipal authority to protect the
public health, safety, and welfare. See City of Farso. Cass County v.
Harwood Township, 256 N.W.2d 694 (N.D. 1977); Lincoln County v.
Johnson, 257 N.W.2d 453 (S.D. 1977); Wilkinsbur -Dann Joint Water
Authority v. Borough of Churchill, 417 Pa. 930 20 A.2d 903 19 S ;
Pal-Mar Water Nana ament District V. Martin County, 377 So.2d 752
(Fla. Diat. Ct. App. 1979).
S U M M A R Y
Parker County's use of land for an auxiliary
courthouse within the municipal limits of the
county seat is subject to the municipality's
zoning ordinances only to the extent that such
ordinances do not prevent the county from locating
its auxiliary courthouse within the municipality.
The county, must comply with municipal--regulations
regarding the construction of its auxiliary
courthouse.
J truly qo s
J I M M A T T 0%
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARD$
Executive Assistant Attorney General
p. 797
Nanda Na.~zJ
Honorable Fred M. Harker - Page 5 (JM-180) Agenda
ltom y ry A
lhlo - / r
Prepared by Rick Gilpin
Assistant. Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Jim Mcellinger
Nancy Sutton
of . , _
I
i
P. 798
ATTACHMENT 4 Agonda No. X11
a R1
MINUTES DRUM_
Planning and 'Coning Commission
March 25, 1992
The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas,
was held on Wednesday, March 25, 1992, at 5:00 p.m., in the Council Chambers of the
Municipal Building, 215 East McKinney.
Present: Jim Engelbrecht, Ivan Glasscock, Judd Holt, Mary Evelyn Huey, William
Kamman, and Fran Morgan
Present from Staff: Frank Robbins, Executive Director for Planning and Development; Joe
Morris, Assistant City Attorney; Karen Feshari, Urban Planner; Owen Yost,
Urban Planner; Jerry Clark, City Engineer; Gerald Cosgrove,
Water/Wastewater; Robbie Baughman, Building Inspections; and Olivia
Carson, Secretary
Chairman Holt called the meeting to order.
IV. Hold a public hearing and consider approving a Specific Use permit on property
zoned Light Industrial, being a 21.97 acre tract of land located on the west side of
Woodrow Lane, approximately 350 feet south of East McKinney Street.
Eighteen property owners within 200' of the site were notified; two responded in
favor, one in opposition, and one undecided.
Staff Report: Ms. Feshari presented the staff report (attached).
Ms. Huey asked if the site plan for the specific use permit showed the existing jail
facilities.
Ms. Feshari said yes. The proposed new building is between the existing jail and
juvenile detention center.
No one was present to speak in favor or in opposition to the specific use permit.
Recommendation: Ms. Feshari stated that staff recommends approval of Z-92.007.
Chairman Holt closed the public hearing.
Motion was made by Mr. Glasscock, seconded by Ms. Morgan, and unanimously
carried (6.0) to recommend approval of Z-92-007.
/3
empdoes\39239
Admda No..~,~'
A'rTAC1*NENT 5 Awda Ilam_~S'
7- yo
N10.
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USF
PERMIT FOR THE EXPANSION OF THE COUNTY JAIL ON 21,97 ACRES LOCATED
ON THE WEST SIDE OF WOODROW LANE, APPROXIMATELY 350 FEET SOUTH OF
MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the County of Denton has applied for a specific use the locatedfon he West Side ooftWoodrowtLane, a on 21.97 acres of land
south of Mckinney street; and pproximately 350 feet
WHEREAS, on March 25, 1992 the Planning and zoning commission
recommended approval of the permit; NOW, THEREFORE,
`"NE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTi ION I. That a specific use permit for expansion of the
Denton County jail is granted for the 21,97 acres of land dei;cribed
in Exhibit A, attached to and incorporated into this ordinance by
reference.
SECTION II. That the property shall be developed, used, and
maintained in accordance with the site plan shown in Exhibit A,
attached to and incorporated into this ordinance by reference.
SECTION 111. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
S_F~TION IV1 That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of
1992.
BOB CASTLEBERRY, MAYOR
~YI
41lptiJ
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rl
Agenda Ilom_
Ddo
ATTEST: O
JENNIFER WALTERSt CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY. i
PAGE 2
16,
_
COUNCIL
0oooooQ a o~ NO
o a ooo`
c °
Agenda NO.
Agenda:temA
CITY COUNCIL REPORT FORMAT Date t4
Mayor and Members of the City Council T
T0:
FROM, Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Pulaski Mortgage Co,P'lartha
Sims & Sarah 13roustad
RECOMMENDATION:
The Tax Department has mailed an Overpayment Letter and an Adolicacumetion
on
for Refund :terequesting uAll mthiserefund, whichethesTax Technician
lion have been returned,
recommends.
SUMMARY: Code requires the approval of
Chapr.er 31,11 of the Texas Property Tax
tho ul govrrning bodCo. hasPrequestednatrefundeinntheiamountsofo$ 534.3000
P
Sims & Sarah Bronstad's account #026138-
Pulaski Mortgage
because they overpaid Martha
nt, A payment
BACKGROUND:
Pulaski Hortgage Co. paid the taxis twice ondthisaccou a another ayment of
of $ 534.30 was received on Januar, 1 7, 1092 resulti.ng in au overpaymont.
$ 534,30 was received on Januuary ry
A tax refund is due,
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Martha Sims & Sarah Bronstad
FISCAL IMPACT:
$ 534.30
PESPE ULLY S TTED,
oy , acre
City Manager
Prepared by:
L
ame Vic Schneider
Title Tax Technician
Approved:
C
/ r
G 'r
ame H J fferson
Title r er
2633C/
i
N6. ,h Properrr Tar Dowd APPLICATION FOR TAX REFUND onrla No,
Refund Appikation 31,11(002) A9 x
Lndd``II,,C
i i Iktlo __Z" 7"
Collecting Office Name;
Collecting Tax For:
a , c.~ (Taxing Units)
-
Address
City, State, Zip Code
In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION 0 PROPERTY OWNER;
Name; S"' 9~ Sara
Address: C )q--
Number (if additional information Is needed);
IDENTIFICATION OF PROPERTY;
Description of Property; /94C &oe Ac 1 L
Address or Location of Property. Account Number of Property; or Tax Receipt Number:
INFORMATION ON PAYPAENT OF TAXER;
Name of Taxing Unit 'Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested Is-Req-usessttedd Tax Payment Taxes Paid Requested
1. ° f9 J~ f?/1 19
49- YA& $ Say -3n 2, h 19 .7L~_ /-/7 / 19 $ $
3, -119- $ $
Taxpayer's reason for refund (attsoh supporting documentation);
4Xe -ftV49S -f ! 7
Pf ~ 4e g i11 t°rr_0Pt , 71 e~ V AOI I^ j yCS'~'7n~
un 7yi sir Dr/er a ,
"I hereby ap ly for the refun o so V ribed taxes and certify that the Information I have given on this form
Is true a Orr /
011d -Le X P r ~d
g ure k r' Roy~j/[f,~6X x76 pats f pplicabon for 7 Refund
DETERMINATION FOR TAX NEFUNOt Approval Disapproval
Signaturo of Authorized Officer Date
Signature of Presiding Officer(s) of Taxing Date
Unit(s) for refund spptlcatlons over $800
Any psi am *NOmokaafatestoryuponthelorevol"Ineerdshall besub)eotrooneoflithe WI WaHlos; 1, Imprloonmerllof
not more than 10 years nor tea than 2 years andlor a tine of not mere than $1,000 or both such Ono and
Imprlsoomsrllt 2, oonOnemsrri In JIM* a term up to 1 year or • One motto exceod $2,000 a both such One and lmprlsom" a sea
lath In Section 2y.10, Penal Code,
PEPUHO: ~iH
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PULASKI MORTGAGE COMPANY No, 110048
P.O, BOX r 200
~R LITTLE ROCK, ARKANSAS 72217 Aganda IVo,
MO l~Y~~ ~]p
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PAY *******534DOLLARS 30 CENTS f3~t0 02
01 1♦ 92 110048
3 TX3412165
PULASKI BANK AND TRUST COMPANY
111116 RvCk, Aikdn5j%
PULASKI MORTGAGE COMPANY
CITY OF OENTON TAX COLLECTOR CUST L DISBURSEMENT CLEAR INO
rHE 215 E• MCKINNEY
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RFPORT F10ROSDW 010020/92 AT iS54o C V' E R P- A Y M_E.N_T 5
ACCOUNT N09 RECEIPT NO* - NAME ADDRESS AMOUNT STATUS OF PAYMENT
020f11466660 9li64710=0199 SCHUELER. PAUL E
11496900000.91/J4/IO-0204 GUTHRIE, JANICF_ L E WINDSOR ST 0401 CVERPAY
01183900000 91/04/10-0210 SUFFRON9 PAUL R MTSTYWCOD LN 0.01 CVERPAY
92196 400900-.9{{,( 4/10-0225 PHIPPS. MARK C._., 6.86 CVERPAY
03092500660 0i1~471A;4229_..LOTT: JOHN R
08629000000 91/04110-0230 STARRETT, ROBERT Y PAISLEY ST 0001 OVERPAY
03239300000 91/04/10-0231 REED, STANLEY BLUEBIRD CIR 0.01 CVERPAY
..1042E110-20.9-91/QI(`0-0349._ DAVE* AJI,T PARKSIOE OF 671976 OVERPAY
02948400000 91 /0 /10-0351 SIE INEL. MICHAEL L - ------TICCKVCCD-t'N 4" 83--tYE11PAY
i?OR]R066610 41104/1 S-0132 ~(-ENNEY. LARRY G - ~-F~F
02613800000 91/04/17:0027 SIM59 MARTHA 6 SARAH BRONSTAD ~13 5T=~~0512.0300 il" • EVER
- 3J3b70b6~ 9i'7Q4/24-0464 GRAY; ETHEL--11000 5 - - ----DURtA71"sT---- ---------toests GYERPAY--
0220910000 91/04/27-0344 SMITHS MARY L CRESCENT ST 210.07 CVERPAY
02050500000 91/04/31-0690 CHISM9 JOE A BERNARD ST 0.32 CVERPAY
83;$490008 91/05/13-011 7 BURROUGHS* MARK A SKYLARK DR 8072 OVERPAY
3M320060015 )IJ0J;w0?72 ST ANOREVS-"CHURCHGtlD CHRIST _PACt)rCX-ST-----_-_ --~2II.62-CVERPAY-----
110719/10000 91/05/04-0164 SOUTHWEST FED SAVINGS EVERS PKWY 380001 CVERPAY
14752900000 91105/04-0193 AUGUILAR9 GLENN E BRCCKLAKE M 94940 CVERPAY
1 4753100000 91/05/04-0194 LIU, CALEB C K BPCOKLAKE W 94.40 CVERPAY
475580600a-9770 5 70 4-_0195 - BAHARCN9 POMULD - -BRCCRL0W1!-_y
14736000000 91/05704-0196 IRVING* STEPHEN S WAE3TVIEV TI; 609956 OVERPAY
11751200000 91705/04-0197 OTIC!NC-OBASEK91 ROSALINE CRESTMEAOOW ST 96.09 CVERPAY
_-._._.12071200000 91/05/04-0216 MCCLAIN9 JUDITH A ASHCROFT LN 329679 CVERPAV
2160 0008 917057664-0440 6EP09TT TNS RAIDOE BANKN A
1 Q
02770200000 91'/05/05-0286 WILLIAMS* M E JR TEXAS ST 0.50 CVERPAY
02991000000 91/05/05-0326 JCHANSEN. BETTY A HILLCREST ST 0001 CVERPAY
03456600000 91/05/05-0456 WILLIAMS* V E JR SHERMAN DP 0.50 CVERAY
v 033R1t011R00 91 /05766-0475 RAYZOR INV LTD --Y UMtVtTRi1TY O __---_0 50 Ovem;AY-
02196600000 91706711-0013 ADAMS9 JOHN H NEFF $T 0.10 OVERPAY
02761600000 91/05/14-0019 JONES. ANNIE J9 RUTH 51 0901 CVERPAY
Qa063900003 91/05/t4-0020 HARRIS* JACK C MILL POND $T 0901 CVERPAY
I61s 4100 a OJT/0s/IB-0004 HTLORETH; EDDIE JA INDIAN-PtOGE D 02Q9-CVERPAY
02571000000 91/05/18-0046 MANN. FRANCES S WESTWOCO DR 0.26 CVEPPAY
5991082300000 91/65/19-0198 WHITESELL9 WILLIAM FORT WCRTH 015 0.01 CVERPAY
627 20000a. p0p 991 /0 1/05/21=0004--TIDE VILLAGE LAUNDRY"__.. VARIOUS--------?7z9t--tVEERIAY-----
024324000 91/05/24-0103 ANTHONY# ELSIE R DAVIS ST 196694 CVERPAY
14672000000 91707/24-0130 KLAUSING0 JAMES C GRANT PKVY 124947 CVERPAY
-03283000000,-91,/00/20-0070 STARNESo DANNY E MCKINNEY ST 0.01 CVERPAY
632419 OQOQ 4tl06/02-4073 COLE. J: OCN
03427900000 91/06/02-0098 BROWNS K DALE N 80NNIE ONAE 793.43 CVERPAY
03427200000 91/06/02-0099 BROWNS K GALE N BONNIE BRAE 369993 OVERPAY
012g96Q6000 91/06706-°0006 COLLINS* C H HILL ST 9.30 CVERPAY
6 8246050u00 91706711-002f HAPOESTYi GEOFGE T x LOCUST St------ - T~sy~ tVERPAY--- -
5t030100000 91/06/12-0007 TOMPKINSs TONY TEASLEY #870 L (0.24 OVERPAY
T.OT4L OF OVERPAYMEN?S
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Agenda No.
Ave ta-
Agendalt m
rite - 7. 9_
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SFFRVICES; PROVID-
ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND ':PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the purchase of necessary materials, equipment,
supplies or services in accordance with the procedures of state law
and city ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein] NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached herto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUU
1342 ALL, PREFERRED SALES AGENCY $920055.00
1346 ALL AUSTROL INC. EXHIBIT A
1.151 ALL CONLEY LOTT NICHOLS $20,OI3.43
SECTION IT, That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
proposals, and related documents.
Agooda Na. -f / .~W
Agenda kom~s
SECTION III. That should the city and persons submitting ap-
proved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the city manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions, spec-
ifications, standards, quantities and specified sums contained in
the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items 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.
SgCTIgN V. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LFGAL FORM:
DEBRA A. DRAYOVITCHt CITY ATTORNEY
}
BY:
_i
E!
Agenda No. ^p/U' D
I I Agenda Itomc. S~A
BID 1 1346
I Dato
BID NAME EQUIPMENT RENTAL DUSTROL
OPEN MARCH 26, 1992 I I D
I 1 EXHIBIT A
1 ITEM DESCRIPTION I VENDOR
I I
i f I
1.1 HEATER TRUCK MOUNTED $1,000.00 I
IAJ MOBILIZATION I $120.00
2.1 HEATER SCARIFIER I $1,050.00 I
2AI MOBILIZATION $150.00 I
3.1 DIST MIXING RECYCLES I $800.00 I
3A1 MOBILIZAITON I $300.00
4.1 LAYDOWN MACHINE 1 $1,000.00 I
4AJ MOBILIZATION $300.00 1
5.1 PNEUMATIC ROLLER J $325.00 1
5AI MOBILIZATION 1 $200.00 J
6.1 TANDOM STEEL ROLLER I $325.00 1
6AI MOBILIZATION I $200.00 1
7.1 MILLING MACHINE 1 $4,500.00
7A1 MOBILIZATION 1 $500.00 1
e.1 MILLING MACHINE 1 $3,250.00 1
SAI MOBILIZATION $300.00 1
9.1 MINI MILL J $950.00
9AI MOBILIZATION I 1100.00
101 LIQUID TANKER 1 $100.00 1
Al MOBILIZATION $100.00 I
111 PICK UP BOOM 1 $700.00
Al MOBILIZATION 1 $100.00
121 KICKOUT BROOM I $350.00 I
Al MOBILIZATION 1 $100.00 1
131 WATER TRUCK $125.00 1
Al MOBILIZATION J $50.00 I
141 CRACK SEAL MACHINE 1 $600.00
Al MOBILIZATION 1 $50.00 J
151 HEATER PATCHES 1 $600.00 1
Al MOBILIZATION I $100.00 1
161 AIR COMPRESSOR $150.00 1
AI MOBILIZATION $50.00 I
1 I
MOBILIZATION CHARGE I
INCLUDES DELIVERY, SETUPI
J AND PICKUP COST. 1 I
I
AQanda No,
Aponda Item. /es ~0
DATfAo Anril 7, 1992_
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1346 - STREET MAINTENANCE EQUIPMENT RENTAL
RECOMMENDATION: We recommend this bid be awarded to D .istrol Inc. as listed on
the tabulation sheet, Item 1-16A.
SUMMARY: This bid Is for the annual contract for daily rental of street maintenance
equipment. The daily rate can be prorated to portions of a day and only equipment
actually needed for a project will be utilized.
Dustrol Inc. Is the only company to respond due to the fact that we request bids on
the complete list of equipment, on an all or none basis. This "all or none" approach
allows for continuity and compatability of equipment to project. Also the bid
requires qualified operators for each machine and that on site supervision be
included in the daily rate.
The program has been very satisfactory In the past. The City of Denton furnished
materials and support staff i.e,, traffic control, clean-up etc. This concept allows
for utilization of equipment and operators as needed without a major investment in
equipment and personnel.
The bid Includes a I year extension clause if agreed upon by both parties,
BACK3ROUND: Tabulation sheet,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Street Maintenance, Publio
Works and CIP projects,
FISCAL IMPACT: Funds for these services will come from budget funds, C.TP Funds,
and or Bond Funds, Each project will be funded from the appropriate account.
As a point of reference during the past one year period the City of Denton spent
approximately $223,000,00 on equipment rental from Dustrol Inc,
This obviously will vary from year to year.
it
S
r
Agenda No,
CITY COUNCIL REPORT
Agenda Item s
APRIL 70 1992 ni
PAGE 2 OF 2 LWIo 4Reapec~uily submitted !
arrell
er
Approved:
Name: Tom D. Shaw, C,P,M,
Title: Purchasing Agent
1
261, DOC
TSJjh
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y.
Agenda ltoQens~~Z _
BID i 1346 I I I Dale -
BID NAME EQUIPMENT RENTAL I DUSTROL I TKO EQUIPMENT
I I I
OPEN MARCH 26, 1992 I I
f I_ j
N f ITEM DESCRIPTION J VENDOR I VENDOR I
~I I I _I
I I I j
1.1 HEATER TRUCK MOUNTED 1 $1,000.00 NIB 1
IA1 MOBILIZATION 1 $120.00 I NIB J
2.1 HEATER SCARIFIER $1,050.00 I NIB I
2A1 MOBILIZATION 1 $150.00 I NIB 1
3.1 DIST MIXING RECYCLER 1 $800.00 1 N/B I
3A1 MOBILIZAITON 1 $300.00 I NIB 1
4.1 LAYDOWN MACHINE 1 $1,000.00 I NIB I
4AI MOBILIZATION 1 $300.00 J NIB J
5.1 PNEUMATIC ROLLER J ,$325.00 1 N/B I
5A1 MOBILIZATION 1 $200.00 I NIB I
6.1 TANDOM STEEL ROLLER 1 $325.00 I NIB I
6A1 MOBILIZATION 1 $200.00 1 NIB 1
7.1 MILLING MACHINE 1 $4e600.00 1 NIB I
7AI MOBILIZATION I $500.00 NIB 1
8.1 MILLING MACHINE J $3,260.00 1 NIB I
8A1 MOBILIZATION 1 $300.00 1 NIB 1
9.1 MINI MILL 1 $960.00 I NIB 1
9A1 MOBILIZATIO1 I $100.00 1 NIB I
101 LIQUID TANKER I $100 00 I NIB 1
Al MOBILIZATION 1 $100.00 NIB
111 PICK UP BOOM $700.00 I NIB I
Al MOBILIZATION 1 $100.00 1 NIB I
121 KICKOUT BROOM 1 $350.00 1 NIB 1
Al MOBILIZATION I $100.00 1 NIB 1
131 WATER TRUCK I $125.00 1 NIB 1
Al MOBILIZATION 1 $50.00 1 NIB
141 CRACK SEAL MACHINE I $500.00 I NIB 1
Al MOBILIZATION 1 $50.00 N/B 1
151 HEATER PATCHER j $500.00 1 NIB I
Al MOBILIZATION 1 $100.00 1 NIB 1
161 AIR COMPRESSOR j $160.00 1 NIB 1
Al MOBILIZATION 1 $60.00 1 N/B 1
I I I I .
1 MOBILIZATION CHARGE I I I
INCLUDES DELIVERY, SETUPI
J AND PICKUP COST. f
I I I I
agenda No. _ 9~ -'Q l/
DATE: April 7,,Aft
CITY .COUNCIL REPORT W10
7
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1351 - TRENCHER BACKHOE
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible
bidder, Conley Lott Nichols in the amount of $20,013.43 with delivery in 30 days
after receipt of order.
SUMMARY: This bid Is for the purchase of a 35 Horsepower Trenoher/Backhoe for
use by the Water and Sewer Field Service Division. The unit Is a motorpool
replacement for a 1984 model trencher. The old unit is no longer in working
condition and based upon estimates received by the Fleet Operations was not
economical to repair.
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer Field
Servicas and Fleet Operations.
FISCAL IMPACT: This unit will be funded from Motor Pool Replacement funds and
1991-92 budget funds approved for capital equipment acquisition.
Motorpool 720-004-0020-8707 $18,900.00
Budget 620-081-0461-9104 1 113.43
20,013.43
Respecc ]ly submitted:
Llo d V. Harrell
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
250. DOC
'CS J J11
iNSs~~
~i
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agenda No,
Agenda I!om `S ~A
BID # 1351 „wV-.L
BID NAME TRENCHER-BACKHOE I WITCH EQUIP 1 CONLEY LOTT ZIMMERER
I I NICHOLS I KUBOTA 1
OPEN MARCH 24, 1992 1 1 I 1
# i ITEM DESCRIPTION - i VENDOR i vVENDOR I VENDOR f
I
1.1 TRENCHER f I I J
J s23r610.21 1 $20e013.43 1 No BID J
I I I I
2.1 MAKE I DUETZ DIESEL 1 METRO J 1
3.1 MODEL 1 2310 I 3023 1 J
1 i I I
I I 1 + 412.00
! I
I 1 1 6-WAY BLADE
I I I I
J 1 +229.00
1 1 HYD MANIFOLD I I
4.1 DELIVERY 1 30 DAYS 1 30 DAYS J 1
f I I I f
I ! I I I
t
s
$i
ayonda No.
DATE: April T~VOIW23rne
lble _ l
CITY COUNCIL REPORT
TO, Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1342 - SUBSTATION POWER CABLE
RECOMMENDATION: We recommend this bid be awarded to the only bidder,
Preferred Sales Agenoy, in the total amount of $92,055.00.
SUMMARY: This aid is for cable used in the exit circuits of the Arco Substation.
A premium cable is recommend in this application to avoid outages.
BACKGROUND: Tabulation sheet, Memorandum from Don McLaughlin 3-20-92.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution,
Substations and City of Denton Electric Utility Customers.
FISCAL IMPACT: Budgeted account #612-080-RB90-F000-9221.
Respec fly submitted:
q arrel
City Manager
Prepared by:
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom .Shaw, C. P.M.
Title: Purchasing Agent
255. DOC
DH/fh
I
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t!
SID 1 1342 I I
BID NAME SUBSTATION POWER I PREFERRED I
CABLE I SALES lgpnddNO.~v!/~
I I~r/000
OPEN MARCH 5, 1992 I AGENCY I Agenda Hen)
# I ITEM DESCRIPTION I VENDOR No
I I
1.1 9500' 600 RC MIL COMPACTI $9.69 I
1 COPPER CABLE I I
1 I I
I
1 TOTAL I $920055.00
l
1 I i
I
I
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i
A~enxlnjn~; ; &1"7
C1Ty of DENTON / 215 E. McKinney / Denton, Texas 76201
M E M O R A N D U M
TO: Denise Harpool, Senior Buyer
FROM: Donald McLaughlin, Engineer Administrator
DATE; March 20, 1992
SUBJ: CABLE FOR ARCO EXIT CIRCUITS
Bid 1342 is for 9500 feet of 600 KCmil (thousand circular mils)
compact copper cable. Only one bid was received for $9.69 per foot
for a total of $92,055. I recommend that this bid be accepted.
The current cost of 500 KCmil unishield in the warehouse is $8,19.
Cost differential between stock and the 600 KCmil cable is 18.31.
The 600 KCmil cable is a premium cable manufactured by Key,rite
Cable. The critical application of exit circuits makes the use of
a premium cable proper. In addition the conductor size is
increased from 500 KCmil to 600 KCmil. This additional conductor
size and a new design in the exit circuit layout will allow circuit
loading to the full 600 amp breaker rating in the substation. This
additional capacity will improve cold load pickup capabilities and
expand options for transferring load between ARCO and other
substations.
The compact 600 KCmil copper conductor will allow the use of
existing 500 Kr-,nil connector with no additional stock or tooling
cost.
DLMith
03202358
V--
cci R. E. Nelson, Executive Director of Utilities
Jim Harder, Director of Electric
Ralph Klinke, Superintendent Electric Distribution
Ray Wells, Superintendent Metering/Substations &
Communications
Glenn Fisher, Engineer Associate I
3
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Agenda Na. Agonda Ile!P
Dale V 7-Qo?.
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the con-
struction of public works or improvements, as described in the "Bid
invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT-
1347 MANNING INC. $46.345.65
1348 ALMOND ROOF CONSULTANTS $88,550.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the city
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification of
the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid Propos-
als, and documents relating thereto specifying the terms, condi-
,a
Ajonda No.._~!d
Ayenda llem__ i e'S
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of 11992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
f
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,r
Agenda No.
Agontla Ilom
DATE: April 4, 1992
ilato__d~___
CITY COUNCIL REPORT
TO, Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1347 - NOTTINGHAM CONCRETE WORK
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Manning
Inc. In the total amount of $48,345.65.
SUMMARY: This bid is for all materials and labor for the construction of specified
concrete work. The bid includes 905' of 4' sidewalk, 2850' of ourb/gutter, 218
square yards of flatwork and driveways along with 4089 square yards of hydromulch
and other associated activities,
The project is located south of University Drive and North of Mingo Road, The
concrete work is a portion of the Nottingham Drive Project,
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton,
Engineering Department and Street Division.
FISCAL IMPACT: Funds for this project will come from Street Bond funds
account # 443-020-STRT-8528-9105,
Respect illy submitte
Lloyd linrrell
City Manager
r
Approved:
Name: Tom D, Shaw, C,P,M,
Title: Purchasing Agent
257, DOC
TS/jh
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Agenda Nor ~ ~~~~~1
Agenda IIaM
BID M 1347 I I O~ID
I I II
BID NAME NOTTINGHAM CONCRETE] MANNING I FLOYD SMITH I SOUTHWEST
WORK I I I IND CONST.
OMEN MARCH 24, 1992 I I I
M I ITEM DESCRIPTION VENDOR I VENDOR I VENDOR
~I I I I
I I
1.1 TOTAL BID I $46,345.65 j $480674.15 I $78,253.00 j
I I j I 1
2.1 BID BOND i YES YES f YES
I I I I
4
5
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Agenda No.
DATE: ApgAr&j 2 '
Dale
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1348 - REROOF EMILY FOWLER LIBRARY
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Almond
Roof Consultants, in the amount of $88,550.00.
SUMMARY: This bid is for all labor and materials to replace the roof on the Emily
Fowler Public Library. The project will have a 15 year warranty from the material
manufacturer, and a 2 year contractor warranty which guarantees a waterproof
building.
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Emily Fowler Library and
Citizens using the Library.
FISCAL IMPACT: Funds will be from Certificates of Obligation
#445-032-ROOF-9217
#445-032-ROOF-9122
Rpily submit ed: /
10 ar el
City Manager
Prepared by:.'1y
y"-~lJ I Y X
Name: Denise Harpuo]
Title: Senior Buyer
A roved: \
Name: Tor; D. Shaw,C.P.M.
Title: Purch: Ing Agent
r'
256. DOC
DH / jh
situ a4*!
n
E
ZB 1348 1 I I
Q I I I I
~ bb NAME REAOOF EMILY FOWLER[ SUPREME I CD MCKAMIE i ALMOND CBS ROOFING 1
LIBRARY I SYSTEMS 1 (ROOF CONSULTANT[ I
EN .ARCH 24o 1992 1 I I I
[ ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR VENDOR 1
E J 1 f
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'C ° I BASE BiD 1 $95,177.00 J $106,308.00 1 $88,550.00 1 $111,645.00 f
a $ I I I I I i
2.1 UNIT PRICESs 1 20 SQ FT 1 8 SQ FT i 5.50 SQ FT 1 7.50 SQ FT 1
1 1 1.50 LF 1 2.50 LF 1 1.50 LF 1 2.70 LF 1
1 1 2.50" 1 4.50" 1 1.75" 1 4.00" 1
1 1 1500.00 EA 1 900.00 EA I 450.00 EA 1 120.00 EA 1
1 1 25.00 LF 1 21.00 LF 1 6.50 LF 1 15.00 LF 1
1 18.00 HR 1 +8.00 HR 1 7.00 MR 1 18.00 HR 1
1 I I I I
1 BID BOND 1 YES 1 YES 1 YES 1 YES 1
1 I I I I i
1 ADDENDUM ACKNOWLEDGED 1 YES 1 YES 1 YES 1 YES 1
1 I I I I I
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Agonda No,
Agenda lle fir'
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ORDINANCE NO. (f
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF MATERIALS OR EQUIPMENT WHICH ARE AVAILAbL2 PROM ONLY ONE SOURCE
IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR-
CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EF-
FECTIVE DATE.
WHEREAS, Section 252.022 of the Local Government Code provides
that procurement of items that are only available from one source,
including: items that are only available from one source because of
patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment;
and library materials for a public library that are available only
from the persons holding exclusive distribution rights to the ma-
terials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the
items mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That the following purchases of materials, equip-
ment or supplies, as described in the "Purchase orders" attached
hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
23611 BUSINESS PHONE SYSTEMS $29,991.00
23610 ESBI $23,800.00
SECTION 11. That the acceptance and approval of the above
items shall not constitute a contract between the City and the
person submitting the quotation for such items until,such person
shall comply with all requirements specified by the Purchasing
Department.
SECTION III. That the City Manager is hereby authorized to
execute any contracts relating to the items specified in Section I
and the expenditure of funds pursuant to said contracts is hereby
authorized.
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Agenda No,
Agenda Item 4c.J
Delo z
SECTION IV. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
'J
~.I
Agenda No. S ~ 1,
DATE: April 7ggbt~At°m c.__
CITY COUNCIL REPORT DA 61, 7 ~ Z
TO: Mayor and Members of the City Council
FROM: Lloyd V. Hzirrell, City Manager
SUBJECT: PURCHASE ORDER #23611 - BUSINESS PHONE SYSTEMS
RECOMMENDATION: We recommend this purchase order in the amount of $29,991. 00
to Business System be approved.
SUMMARY: This purchase order is a sole source acquisition for telephone system
hardware and software upgrades. Currently the phone system is at maximum
capacity and before additional lines or services can be added these upgrades must
be put in place. As well as allowing for system expansion such services as voice mail
will be extended to the Service Center Area and automated attendant would be
implimented system wide.
The origional proposal submitted by GTE Business Phone System included a price of
"not to exceed $30,000.00" for this upgrade when available and desired. The
original purchase approved by Council did not include this expenditure.
This acquisition is exempt from the bid process by State Law due to patent and copy-
rite regulations on the hardware and software, The equipment can only be acquired
from Business Phone Systems,
Data Processing Advisory Board recommends approval.
BACKGROUND: Purchase Order 23611 to Business Phone System, Quote from GTE,
minutes from Data Processing Advisory Board.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED-. Information Services and all
departments of the City of Denton as well as the Citizens of Denton.
FISCAL IMPACT: Funds for this acquisition will come from Certificate of obligation
funds sold for improvements to the Telephone Communication System.
Account # 437-038-017G-9103
Respe ully sub tted:
1
Lloy V. Harrell
City Manager
Alroved:
Name: Tom D, Shaw, M.
Title: Purchasing Agent
252 , DOC
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CONFIRMING ORDER PURCHASE ORDER NO: PC 23611
(IF MARKED) Thfe number must appear on all
Involces; delivery slips, cases,
DUPLICATE ctns., boxes, packing slips and bills.
Reg Bid No; Date, 03 30 92 Page No. ' 01
ONOT'
VEN PURCHASING DIVISION 1901.8 TEXAS STREET /DENTON, TEXAS 76201
NAME/ lE SINEggS; PHONE SYSTEMS 817/383.7100 D/FWMETRO 917/267.0042 FAX8171382.4692
ADDRESS EE 50 •E8TCPS BLVD* DELIVERY INF~MATIONYSERVIQES 511
o I PING TX 7!5063 ADDRESS 901 0 TEXAS ST
"
DENTON* TX, 769M
a
$ a
VENDOR NO. 190349001 DELIVERY QUOTED 04 18 42 FOB DE STINATION TERMS
O1 29991rs000 EA ENOOR CAT• ! N / A Ill NAME 14000 29:991000'
CITY 0 72 53
INFLEMENTITION OF HARDWARE AND SOFTWARE FOR NEW VOICE l
NO AUTOMATED ATTENDANT
f
,
PAGE TOTAL 11 29:991.0{
GRAND TOTAL i . 29941.00
01 437 036 0174 9103 29:991000
VEND(IR INSTRUCTIONS: 3. Terns - Net 30 (Unless otherwise spedued l
I. Sena original lrrvolce Mth dupliealt copy, 4. Shipping Instructions; F.0.9 . Desllnatkxl prepaid (UMess otherwise epedrfkdl
2. Bill to - Acccxnts Payable 6. No federal or state sales tax shall be Included
216 E. McKinney St. In prices billed. Purchasing Dlvlslon
Denton, T X 70201 NI F l\l E) O H
1
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03/20/42 10;08 GTE NO. 307 P002/002
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Agenda No.
llem ~S
Agenda
S ot,~ i
CITY OF DENTON
City Hall Switch Upgrade $ 4,587.34
Software Level Upgrade $ 81019.00
Power Plant Upgrade S 20101.33
Software Level Upgrade $ 8,020.00
Service Center Upgrade $ 21864.33
Software Level Upgrade ; 6300
$ 29,991.00
Municipal Lease Agreement:
No advance payment required. $1.00 purnhase option at
the and of the term.
24 Months $ 1,430.85
36 Months $ 11011.18
48 Months $ 801.19
60 Months $ 680.13
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Agenda No.DD//
Agenda ilem~~i`S
Dale
MINUTES OF
DATA PROCESSING ADVISORY BOARD U
MEETING OF MARCH 31, 1992
Mk'.,.'3ERs PRESENT: Jim Kuykendall, Bob Minnis,
Don Edwards
MEMBERS ABSENT: Cengis Capan and Brian Scott
OTHERS PRESENT: Gary Collins and Dave Dickey
Don Edwards made a motion the minutes from the February 4, 1992
meeting be approved. Bob Minnis seconded the motion and it passed
unanimously.
Gary Collins explained that the software maintenance agreement with
ESRI was a renewal of our annual agreement and covered the GIS
software on the IBM mainframe and the six RISC 6000 workstations.
Gary Collins explained that one half of the $23,800 would be
covered by the General Fund and the other half would be covered by
the Utility Fund. Gary stated that this was proprietary software
and therefore only one vendor was available to provide this
service. Bob Minnis asked if the cost this year was close to last
year's cost. Gary Collins responded that the cost was the same as
last year's. Bob Minnis asked where did we receive support for
this product. Gary Collins responded that the home office office of ZSRI
was Redland, California but that there was a support
Antonio, Texas and we have utilized both of those offices. Gary
Collins explained that since there are more ESRI "ARC-INFO"
licenses in the state of Texas than any other country
that is the reason they have set up support center in
Texas. Don Edwards made a motion that the Board recommended that
the City Council renew the software maintenance agreement with
ESRI, Bob Minnis seconded the motion and it passed unanimously.
Gary Collins explained that while the D.P. Advisory Board has not
normally been involved
ho in the i form d telephone
of this upgrade. Prrv Collins
appropriate th_.
explained that when we purchased our system in 1990 we inotalled
Northern Telcom software and under their software license the City
of Denton was entitled to a certain amount of numbers on each of
the three switches. The limits on the switches are 500 numbers on
the City Hall switch, 200 numbers on the Service Center switch and
100 numbers on the Power Plant switch. Currently we are using 533
numbers on the City Hall switch, 183 numbers on the Service Center
switch and 104 numbers on the Power Plant switch. Gary Collins
explained that while we call the switch the City Hall switch the
switch really services a number of locations n tserPolice
Department, Fire Department, Parks,
Personnel, Library, Senior Center etc., as do the other two
switches. At this time GTE cannot legally add anything to these
switches until we upgrade the software licenses to be in
ti
+t
Agenda Na. Q
Agenda qo`mj~
?
compliance. Gary Collins explained that the software sT'cen`ai§e7
upgrade was a little over $20,000 of this $29,991 cost and again,
we were dealing with proprietary software. The remainder of this
cost would be the hardware and software to network the Voice Mail
capability between the 3 switches and activate the automated
attendant feature of Voice Mail. The capability to network Voice
Mail between the three switches was not available on the software
release level we had to implement when we installed the Telephone
System in 1990. Gary Collins explained that Automated Attendant
would allow the citizens to call designated numbers 24 hours a day
7 days a week and get answers to commonly asked questions.
Personnel's Job line or a number in Parks and Recreation describing
playing field conditions or number in Municipal Court explaining
options on tickets are just a very few examples of the type of
service Automated Attendant could handle. Bob Minnis ask how many
numbers we would get with the software upgrade. Gary Collins
responded that this would allow us to add 100 numbers to each of
the three switches and this was the mino'.mum block of numbers we
could get. Gary Collins also indicated that we could not add
another phone, modem, fax line or anything to two of the three
switches regardless of the decision on networking Voice Mail and
Automated Attendant. Bob Minnis asked what the overall cost of the
Telephone System was. Gary Collins responded that it was
approximately $600,000 including all of equipment, software,
cabling and fiber optic lines at the three locations. Bob Minnis
observed that this cost was approximately 5% of the total cost.
Bob Minnis asked how long the system had been installed? Gary
Collins said it would be two years in June and in this time we have
added approximately 85 numbers to the system. Bob Minnis made a
motion that the Board recommend that the City Council approve the
purchase of this software upgrade and networking of Voice Mail with
Automated Attendant implemented, Don Edwards seconded the motion
and it passed unanimously.
There being no new business the meeting was adjourned.
Agenda No, ~ - 4~
DATE: Ap!¢~rfa~li~6Q~ _/Vs *#(o~
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER #23610 - ESRI
RECOMMENDATION: Council approve PC #23610 to ESRI in the amount of
23,800.00.
SUMMARY: This purchase order is for annual maintenance fees (2-7-92 through 2-6-
93) for software installed on our multi-user IBM VM and five single-user IBM RS8000
workstations. These work stations and the ESRI software are the major components
of the GIS system. This 1s a sale-source purchase due to the proprietary software.
BACKGROUND: Purchase Order #23610 - ESRI, Data Processing Advisory Board
Minutes.
PROGRAMS* DEPARTMENTS OR GROUPS AFFECTED: Information Services.
FISCAL IMPACT: Funds are available In the following accounts:
100-044-0080-8521 $11,900
610-080-0256-8341 $ 5,960
620-081-0463-8341 $ 5,950
Respect ly sub tte
L yd V. HarrolI
City Manager
Prepared by:
Name: Melanie Harden
Title: Buyer
A roved:
Namet Tom D'. Shaw, C.P.M.
Title: Purchasing Agent
253. DOG
MH/jh
E
kN1 RMING ORDER PURCHASE ORDER on NO:
Pc 23610 must MARKED) [nvotcesdelivery sli ps caseeall
T UPUCATE n ctns., boxes, packing slips and bllls,
\1 Date: Page No.
Req Bki No: d3 30 42 O 1
PURCHASING DI VISION 1901.8 TEXAS STREET / DENTON, TEXAS 76201
ODO8171383.7100 OIFW METRO 817/167.0042 FAX 817/382.4692
AEV
)RESSb $80:NHM YORK ST. DELIVERY CENTRAL ONLY 8 INFORMATION SERVICES
$ ~E ANUS 'CA 42373 ADDRESS 401,8 TEXAS'ST
OENTON• TX176203
VENDOR NO, DELIVERY QUOTED 04 15 42 FOB DESTINATION TERMS
~e~g000;
11 1.060 EA ' ENDOR CAT. N N'/ A MFG NAME Ss950 000 5.950.00
.CITY 0 93921
SOFTWARE. MAINTENANCE FOR PERIOD 2+7+92/2-6-93
12 14000 EA 11INDOR CAT• 0 1N / A' MFG NAME 50950.000 15*950:00
CITY 0 93921
SOFTWARE MAINTENANCE FOR PERIOD 2-7-92/2x6/93
3 1*000 EA ENOOR CAT. 0 N / A MFG NAME 10SiD0i00d 119900400
CITY 0 93921
SOFTWARE MAINTENANCE FOR PERIOD 2-7-92/2-6-93
S
y ~
1
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PAGE TOTAL 23.800.0$
GRAND TOTAL 23.80000
100. 044 0080 8521 11.900.00
1A 610 x060 025f 8841 5.950.00
3 620' 081 04.ba 8341 50950+00
DOR INSTRUCTIONS: 3. Terms - Net 30 (unless otherwise wedw )
rid orldnal krvolce with duplicate copy. 4. Shipping Instructlorn: F.O.B. Doetinatfon prepaid lees otherwise epe OW)
iff to - Accounts Payable 6. No federal or slate sales tax shall be Inckvded _
215 E. Ivi inney St. In prices bkled. Purchasing Division
Denton, Tx 78201 VENDOR
i
Awda N0.
Agenda Ite/m /r-s_rc ti
MINUTES OF Into
DATA PROCESSING ADVISORY BOARD
MEETING OF MARCH 31, 1992
MEMBERS PRESENT: Jim Kuykendall, Bob Minnis,
Don Edwards
MEMBERS ABSENT: Cengis Capan and Brian Scott
OTHERS PRESENT: Gary Collins and Dave Dickey
Don Edwards made a motion the minutes from the February 4, 1992
meeting be approved. Bob Minnis seconded the motion and it passed
unanimously,
Gary Collins explained that the software maintenance agreement with
ESRI was a renewal of our annual agreement and covered the GIS
software on the IBM mainframe and the six RISC 6000 workstations.
Gary Collins explained that one half of the $23,800 would be
covered by the General Fund and the other half would be covered by
the Utility Fund. Gary stated that this was proprietary software
and therefore only one vendor was available to provide this
service. Bob Minnis asked if the cost this year was close to last
year's cost. Gary Collins responded that the cost was the same as
last year's. Bob Minnis asked where did we receive support for
this product. Gary Collins responded that the home office of ESRI
was Redland, California but that there was a support office in San
Antonio, Texas and we have utilized both of those offices. Gary
Collins explained that since there are more ESRI "ARC-INFO"
licenses in the state of Texas than any other state in the country
that is the reason they have set up support and training center in
Texas. Don Edwards made a motion that the Board recommended that
the City Council renew the software maintenance agreement with
ESRI. Bob Minnis seconded the motion and it passed unanimously.
Gary Collins explained that while the D.P. Advisory Board has not
normally been involved in the telephone system, he thought it was
appropriate that they be informod of this upgrade. Gary Collins
explained that when we purchased our system in 1990 we installed
Northern Teleom software and under their software license the City
of Denton was entitled to a certain amount of numbers on each of
the three switches. The limits on the switches are 500 numbers on
the City Hall switch, 200 numbers on the Service Center switch and
100 numbers on the Power Plant switch. Currently we are using 533
numbers on the City Hall switch, 183 numbers on the Service Center
switch and 104 numbers on the Power Plant switch. Gary Collins
explained that while we call the switch the City Hall switch the
switch really services a numlar of locations such as the Police
Department, Fire Department, Parks, Information Services,
Personnel, Library, Senior Center etc., as do the other two
switches. At this time GTE cannot legally add anything to these
switches until we upgrade the software licenses to be in
i
Agonda No.
Agonda Itom OoeS *4/00,
compliance. Gary Collins explained that the software licensi
upgrade was a little over $20,000 of this $29,991 cost and again,
we were dealing with proprietary software. The remainder of this
cost would be the hardware and software to network the Voice Mail
capability between the 3 switches and activate the automated
attendant feature of Voice Mail. The capability to network Voice
Mail between the three switches was not available on the software
release level we had to implement when we installed the Telephone
System in 1990. Gary Collins explained that Automated Attendant
would allow the citizens to call designated numbers 29 hours a day
7 days a week and get answers to commonly asked questions.
Personnel's Job line or a number in Parks and Recreation describing
playing field conditions or number in Municipal Court explaining
options on tickets are just a very few examples of the type of
service Automated Attendant could handle. Bob Minnie ask how many
numbers we would get with the software upgrade. Gary Collins
responded that this would allow us to add 100 numbers to each of
the three switches and this was the minimum block of numbers we
could get. Gary Collins also indicated that we could not add
another phone, modem, fax line or anything to two of the three
switches regardless of the decision on networking Voice Mail and
Automated Attendant. Bob Minnis asked what the overall cost of the
Telephone System was. Gary Collins responded that it was
approximately $600,000 including all of equipment, software,
cabling and fiber optic lines at the three locations. Bob Minnis
observed that this cost was approximately 5% of the total cost.
Bob Minnis asked how long the system had been installed? Gary
Collins said it would be two years in June and in this time we have
added approximately 85 numbers to the system. Bob Minnis made a
motion that the Board recommend that the City Council approve the
purchase of this software upgrade and networking of Voice Mail with
Automated Attendant implemented. Don Edwards seconded the motion
and it passed unanimously.
There being no new business the meeting was adjourned.
J
ICITYMS
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Agenda item
~5
We ~V
CIT COUNCIL REPORT FORMAT
DATE: April 7, 1992
TO: Maynr and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER ORDINANCE ABANDONING AND VACATING AN ELECTRIC
UTILITY EASEMENT LOT 1-R, BLOCK 11 PACES CROSSING
RECOMMENDATION:
The Development Review Committee recommends approval
The Planning and Zoning commission recommends approval
SUMMARY/BACKGROUND:
The attached plat illustrates an electric easement that was to be
abandoned when PaceIs Crossing Apartments were going through their
platting process several years ago. We have been asked by a law
firm representing a proposed purchaser to follow through with the
abandonment to clear up the title of the property. An apartment
building was subsequently built over the easement.
AEE0010A
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Agenda No
Agenda Item~~ SF_
P&Z Minutes U110 --A/--- *7._ 2,
19 4
March 25, 1992 D
Page 12 RA r4v
carried (6-0) to recommend approval of Z-92-007.
V. Consider the electric utility easement abandonment of Lot 1R, Block 1, Pace's
Crossing.
Mr. Clark explained that this electric utility easement is on Lot 1R, block 1, of Pace's
Crossing behind Walmart. The easement is under some buildings, It was intended
to be abandoned but the abandonment was not done correctly. There are no
facilities in the easement and the Development Review Committee recommends
approval of the abandonment.
Mr. Holt asked if the abandonment will help clear up the title to the property.
Mr. Clark said yes.
Mr. Holt moved to recommend approval of the abandonment of the electric utility
easement in Lot 1R, Block 1, Pace's Crossing. Motion was seconded by Mr,
Engelbrecht and unanimously carried (6-0).
VI. Consider making a recommendation to the City Council with regard to a street name
change from Terlingua to Nicosia.
Mr, Robbins sated that traditionally, street name changes involve public review by the
Historic Landmark Commission (HLC) and the Planning and Zoning Commission
prior t Council consideration. In this case, a council member is recommending the
name change and the Historic Landmark Commission has endorsed the
recommendation. The road tinder consideration is east of the Texas Instruments (TI)
property line. Notices were mailed to adjacent property owners prior to
consideration by the HLC. TI had no objection and the other person did not reply.
Mr. Clark noted that the majority of the road is not constructed. It will be done
when TI expands.
It was moved by Ms. Huey, seconded by Ms. Morgan, and unanimously carried (6-0)
to recommend approval of a street name change from Terlingua to Nicosia.
VII. Work Session
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Agenda No,
Agenda [tam_ s
Nio ~ s1✓
S~ 7
ORDINANCE NO.
AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN
VOLUME 1473, PAGE 615 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for
abandonment of an electric utility easement upon property presently
owned by Paces Crossing Ltd., a Texas Limited Partnership, and
First Denton Ltd., the prospective purchaser of said property;
WHEREAS, the City Council of the City of Denton has determined
that the easement requested to be 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 Loca
Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991); NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION I. That an electric utility easement recorded in vol-
ume 1473, Page 615 of the Real Property Records of Denton County,
Texas, as described in Exhibit "A", attached hereto and incorpo-
rated herein by reference, is permanently vacated and extinguished
as an easement for electric utilities.
SECTION U. That by reason of such vacation the city of
Denton's property interest in the easement 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 public utilities.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1992.
BOB CASTLEBERRY, MAYOR
Page 1
3t'r:ut•s~t
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Agenda tlo,
Agenda Itom~S ~ D
fklo
G
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Q, r~
BY
I
ALLOOIAO\1705.7r2h
Page 2
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Agenda No• - D//
AgondaItem Is
Data
EXHIBIT A 7
ALL that certain lot, tract or parcel of land lying and be ng
situated in the City and County of Denton, State of Texas, and
being part of the J. McGowan Survey, Abstract 797 and being part of
a tract of land as conveyed from Johnnie W. Richards and wife,
Constance Jean Richards to Jackie T. Brown and wife, Leta Nell
Brown by deed dated March 19, 1965 and recorded in Volume 521, Page
129 of the Deed Records of Denton County, Texas and being all of
that electric utility easement tract conveyed from Jackie T. Brown
and wife, Leta Nell Brown to the City of Denton, Texas by easement
deed dated February 21, 1974 and recorded in Volume 1473, Page 615
of the Real Property Records of Denton County, Texas and more
particularly described as follows:
BEGINNING at the southwest corner of said Brown tract, said point
of beginning lying in the northeast right-of-way line of Interstate
Highway 135E and also being the southeast corner of a tract of land
conveyed from W.E. Singleton to T.E. Marshall by deed dated
September 24, 1944 and recorded in Volume 292, Page 488 of the Deed
Records of Denton County, Texas;
THENCE north 400 53' east along the west boundary line of said
Brown tract a distance of 223.60 feet to a point for corner, said
point lying in the east boundary line of said McGowan Survey;
THENCE south 010 28' east along the east boundary line of said
McGowan Survey a distance of 23.75 feet to a point for corner;
THENCE south 400 53~ west 16 feet southeast of and parallel with
the west boundary line of said Brown tract a distance of 218.72
feet to a point for corner in the southwest boundary line of said
Brown tract, same being the northeast right-of-way line of
Interstate Highway 35E;
THENCE north 396 381 west along the southwest boundary line of said
Brown tract, same being the northeast right-of-way line of
Interstate Highway 35E, a distance of 16.22 feet to the POINT OF
BEGINNING and containing 31661.33 square feet of land.
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Agenda No. -92 P//
Agenda Ji L9---
7- a
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TO: Mayor and Members of the City Council
FROM:!, Joe Thompson, Airport Manager
DATE: April 11 1992
SUBJECT: Runway and Overlay Project.
It is the recommendation of the Denton Municipal Airport
Advisory Board and Airport Staff that the proposed contract
for Engineering Services associated with the Runway and Taxiway
Improvement Project at the Denton Municipal Airport be approved.
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Aoonda No.
Agenda Ilom LAS _
CITY COUNCIL REPORT FORMAT R110
TO: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Runway and Overlay Project
RECOMMENDATION:
It is the recommendation of the Denton Municipal Airport Advisory
Boar(: and Airport Staff that the proposed contract for Engineering
Services associated with the Runway and Taxiway Improvement Project
at the Denton Municipal Airport be approved.
SUMMARY:
There will be a 10% percent cost to the City of Denton of
approximately $5,690.40
BACKGROUND:
The Denton Municipal Airport Advisory Board and Airport Staff highly
recommend this project due to the Safety Report conducted by the
Federal Aviation Administration voicing their concern about the
breaking up of the asphalt and the visibility of the runway paint
requirements for an Instrument Landing System.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
This Agreement will not affect any other Department or Group.
FISCAL IMPACT:
This Agreement will improve the Denton Municipal Airport capacity
to better serve the aviation public.
Respe fully submitted:
Lloyd V. Harrell
Prepared by: City Manager
tin • .
Joe Thompson, Alrj~brt manager
Ap ove
Rick Svehl Deputy City Manager
f,
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erfreenlc;ord
Agenda No. Qp~C
Agenda Itonn
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES RELATED TO THE
DESIGN OF IMPROVEMENTS TO THE EXISTING 5000 FEET RUNWAY, TAXIWAY
AND PARKING APRON AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE; DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement with Freese and Nichols, Inc. for engineering services
related to the design of improvements to the existing 5000 feet
runway, taxiway and parking apron at the Denton Municipal Airport,
a copy of which is attached hereto and incorporated by reference
herein.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of r 1592•
BOB CASTLEBERRX, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY. 4. l
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Agonda Ilom_ _
AGREEMENT FOR ENGINEERING SERVIA _ e7- Z
This Agreement is entered into this day of , 1g'92
by City of Denton, hereinafter called "OWNER" and Freese and Nichols,
Inc., hereinafter called "ENGINEER".
In consideration of the agreements herein, the parties agree as
follows:
SECTION I
EMPLOYMENT OF ENGINEER
In accordance with the terms of this Agreement: OWNER agrees to employ
ENGINEER; engineer agrees to perform professional engineering services
in connection with the Project; OWNER agrees to pay to ENGINEER
compensation. The OWNER'S approval, acceptance, use of or, payment for
all or any part of the ENGINEER'S services hereunder or of the Project
itself shall no way alter the ENGINEER'S obligations or the OWNER'S
rights hereunder. Furthermore, it is expressly understood that the
Federal Aviation Administration (FAA) has the right to approve the terms
and conditions of this Agreement as well as the proposed scope and costs
of the technical and professional services to be conducted as a part of
the Project. In addition, this Agreement is contingent upon receipt of
funds pursuant to an FAA Grant for the purpooe of providing the Federal
share of the cost of the Project. ENGINEER understands that it may
render services and the Federal'Aviation Administration may not award a
grant ft%ndinZ this Project. Both parties understand and agree that
OWNER will not pay for any serviced rendered by ENGINEER unless the
Federal Aviation Administration funds the Project.
The Project is improvements to the existing 5000' x 150' runway, full
length taxiway, connecting taxiways and aircraft parking apron at the
Denton Municipal Airport. Improvements will include repairs to the
ravelled areas and asphalt cracks in the runway. A minimum of 1-1/2"
thick non-structural hot mix asphalt concrete overlay will be designed
for the runway to improve ridability and drainage. The overlay will
transition into the existing connecting taxiways at approximately the
and of the radius returns. The full length taxiway, connecting taxiways
and aircraft parking apron in the terminal area will receive an asphalt
seal coat. New runway and taxiway markings will be provided.
SECTION II
BASIC SERVICES
ENGINEER shall render the following professional services in connection
with the development of the Project:
A. PRELIMINARY PHASE
1. Study and Report Phase
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Agonda11om ZQS _'W6Z
Upon execution of this Agreement, ENGINEER shall: f~alo_.~.= 2,
a. Consult with OWNER: (1) to review the scope of work, (2) to verify
/
OWNER's requirements for the Project, and (3) to review available
data.
b. Advise OWNER as to the necessity of OWNER's providing or obtaining
data or services from others, and assist OWNER in connection with any
such services,
c. Provide analyses of OWNER's requirements for the Project, as verified
in Section 11, Paragraph A.I.a., including planning, surveys, site
evaluations and comparative studies of prospective sites and
solutions.
d. Prepare a Report containing schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to indicate the
considerations involved and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations with
opinions of probable construction costs for the Project, which
includes estimates of contingencies and allowances for charges of
professionals and consultants. The alternate solutions shall be
limited to not more than three.
e. Furnish four (4) copies of the Report and present and review it in
person with OWNER.
2. Preliminary Design Phase
After OWNER has accepted the report and h,s issued written authorization
to proceed with the Preliminary Design Phase, ENGINEER shall;
a,, Prepare, preliminaryrdesign documents,, consisting of. de6ign,-cri,teria,
preliminary drawings and outline specifications.
b. Based on the information contained in the preliminary design
documents, submit a revised opinion of probable Project Costs.
c. Furnish four (4) copies of the above preliminary design documents and
present and review them with OWNER.
B. DEIGN PHASE;
After written authorization, ENGINEER shall provide professional services in
this phase as follows:
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Agenda No.
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1. Prepare detailed plans, specifications, contract documenA,o ~es~gns1 ; ~J
layouts of improvements to be constructed (surveys to be furnished as 46
Additional Services) pursuant to Section III). D
2. Advise OWNER of need for and recommend scope of all subsurface
investigations, special analysis, hydraulic model studies, underwater
exploration and mapping, etc, and the retention of special consultants.
The cost of such services shall be paid by OWNER and are not included in
the services performed by ENGINEER.
3. Furnish OWNER, when requested, the engineering data necessary for
applications for routine permits required by local, state and federal
authorities.
4. Submit plans, specifications, and contract documents to the applicable
federal and state agency(s) for approval, where required,
5. Furnish such information necessary to utility companies whose facilities
may be affected or services may be required for the Project.
6. Prepare revised opinion of probable construction cost, dnd bidder's
proposal forms (project quantities) of the improvements to be constructed.
7. Furnish OWNER Four (4) sets of copies of plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER. Upon final approval
by OWNER, ENGINEER will provide OWNER forty (40) sets of copies of "Final"
plans. As directed by OWNER, additional sets of plans, specifications and
bid documents as are necessary in the receipt of bids for construction and
as are required in the execution of the Project, shall be furnished by
ENGINEER and shall be paid for by OWNER at actual cost of reproduction.
C. OONSTRUCTION PHASE:
Upon completion of the design services and approval of "Final" plans and
specifications by OWNER, ENGINEER will proceed with the performance of
services in this phase as follows:
1. Assist OWNER in conducting one (1) pre-bid conference at the airport.
2. Assist OWNER in securing bids, issuing notice to bidders and notifying
construction news publications. The notice to bidders well be furnished
to OWNER for publication in the local news media. The cost for
publications shall be paid by OWNER.
3. Assist OWNER in the opening, tabulation, and analysis of the bids received
and furnish recommendations o the award of contracts or the appropriate
actions to be taken by OWNER.
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Agonda No.
Ayondo llam
1. Prepare detailed plans, specifications, contract documenAlo '
layouts of improvements to be constructed (surveys to be furnished s~ /,9
Additional Services, pursuant to Section I11). 9
2. Advise OWNER of need for and recommend scope of all subsurface
investigations, special analysis, hydraulic model studies, underwater
exploration and mapping, etc, and the retention of special consultants,
The cost of such services shall be paid by OWNER and are not included in
the services performed by ENGINEER.
3. Furnish OWNER, when requested, the engineering data necessary for
applications for routine permits required by local, state and federal
authorities,
4. Submit plans, specifications, and contract documents to the applicable
federal and state agency(s) for approval, where required.
5. Furnish such information necessary to utility companies whose facilities
may be affected or services may be required for the Project,
6. Prepare revised opinion of probable construction cost, and bidder's
proposal forms (project quantities) of the improvements to be constructed.
Furnish OWNER four (4) sets of copies of plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER. Upon final approval
by OWNER, ENGINEER will provide OWNER forty (40) sets of copies of "Final"
plans. As directed by OWNER, additional sets of plans, specifications and
bid documents as are necessary in the receipt of bids for construction and
as are required in the execution of the Project, shall be furnished by
ENGINEER and shall be paid for by OWNER at actual cost of reproduction.
C. CONSTRUCj,jON PNASE;
Upon completion of the design services and approval of "Final" plans and
specifications by OWNER, ENGINEER will proceed with the performance of
services in this phase as follows:
1, Assist OWNER in conducting one (1) pre-bid conference at the airport.
2, Assist OWNER in securing bids, issuing notice to bidders and notifying
construction news publications. The notice to bidders will be furnished
to OWNER for publication in the local news media, The cost for
publications shall be paid by OWNER.
3, Assist OWNER in the opening, tabulation, and analysis of the bids received
and furnish recommendations on the award of contracts or the appropriate
actions to be taken by OWNER.
3
A3anda No.
4. Assist OWNER in the preparation of formal contract docA9dents n'
construction contracts. jor_'S~'
5. Assist OWNER in conducting one I 7 l /
Contractor(s), revi re 'th
pursuant to the
ruction rpreparedobyethecContractor(s)
on contract, and prepare a
propv.,ed estimate of monthly cash requirements of the Project.
6. Make two (2) visits each month to the site to observe the progress and the
quality of work and to attempt to determine in general if the work is
proceeding in accordance with the Contract Documents. If ENGINEER is
requested to visit the site more frequently than the spec`.,,fied number of
visits each month, the requested visits shall be considered an Additional
Service and ENGINEER shall be entitled to additional compensation.
7. On the basis of on-site observations as an engineer, the ENGINEER shall
keep the OWNER informed of the progress and quality of the Work, and shall
exercise care and diligence in discovering and promptly reporting to the
OWNER any defects or deficiencies in the work of Contractor or any
subcontractors. ENGINEEC shall provide OWNER a written report subsequent
to each on-site visit.
The ENGINEER shall render services necessyry for the development of the
Project as outlined herein. ENGINEER shall exercise the same degree of
care, skill, and diligence in the performance of the Services as is
ordinarily provided by a professioiial engineer under similar circumstances
and ENGINEER Shall, at no cost to OWNER, reperform services which fail to
satisfy the foregoing standard of performance.
The ENGINEER shall not have control over or charge of and not be
responsible for construction means, methods, techniques or procedures, or
for safety precautions and programs in connection with the Work. The
ENGINEER shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents
except insofar as such failure may result from ENGINEER's negligent acts
or omissions. The ENGINEER shall not have control over or charge of acts
or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other person performing portions of the Work.
8. Coordinate the work of testing laboratories and inspection bureaus
required for the testing or inspection of materials, witnessed tests,
factory testing, etc, for quality control of the Project. The cost of
such quality control shall be paid by OWNER and is not included in the
services to be performed by the ENGINEER.
9. Consult and advise with OWNER during construction, make recommendations to
OWNER regarding materials and workmanship, and prepare change orders with
OWNER's approval.
4
AgorOa hm_--A -A4-
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10. Review samples, catalog data, schedules, shop drawingFM;o. aharatorT;yh4 9x-,
and mill tests of material and test equipment and other data pursuant to~ y
the General Conditions of the Construction Contract.
11. Assist OWNER in arranging for testing of materials and laboratory control
during construction to be conducted at OWNER's expense.
12. Interpret intent of the plans and specifications for OWNER and
Contractor(s). Investigations, analyses, and studies requested by the
Contractor(s) and approved by OWNER, for substitutions of equipment and/or
materials or deviations from the plans and specifications will be
considered an Additional Service,
1.3. Review and comment on monthly and final estimates for payment to
Contractor(s), pursuant to the General Conditions of the Construction
Contract.
14. Conduct, in company with OWNER's representative, a final review of the
Project for conformance with the design concept of the Project and general
compliance with the Contract Documents, and review and comment on the
certificate of completion and the recommendation for final payment to the
Contractor(s).
15. Revise the construction drawings in accordance with the information
furnished by construction Contractor(s) reflecting changes in the Project
made during construction. Two (2) sets of prints of "Record Drawings"
shall be provided by ENGINEER to OWNER.
lb. Assist OWNER in conducting a Correction Period Inspection as set forth in
the construction Contract Documents.
SECTION HI .
ADDITIONAL SERVICES
Additional Services to be performed by ENGINEER, if authorized by OWNER, which are
not included in the above described basic services, are described as follows:
A. Field Surveying required for the preparation of designs, drawings and plans.
Benchmark datum shall originate on the airport.
B. Field layouts or the furnishing;of construction line and grade surveys,
C. Making necessary property, boundary and right-of-way surveys, preparation of
easement and deed descriptions, including title search and examination of deed
records.
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AgondaNo. ' ~
Agenda Itum~SP_
D. Investigations involving detailed consideration of opera~fl9n; ma'y r r qq
overhead expenses, and the preparation of rate schedules, earnings and expense' 17
statr:ments, feasibility studies, appraisals, evaluations, assessment
schedules, and material audits or inventories required for certification of
force account construction performed by OWNER.
E. Providing shop, mill, field or laboratory inspection of materials and
equipment.
F. Preparing any required Operation and Maintenance Manuals or conducting
operator training,
G. Appearing before regulatory agencies or courts as an expert witness in any
litigation with third parties or condemnation proceedings arising from the
development or construction of the Project, including the preparation of
engineering data and reports for assistance to OWNER.
M. Assisting OWNER in claims disputes with Contractor(s),
I. Performing investigations, studies and analyses of substitutions of equipment
and/or materials or deviations from the plans and specifications.
J. Assisting OWNER in the defense or prosecution of litigation in connection with
or in addition to those services contemplated by this Agreement. Such
services, if any, shall be furnished by ENGINEER on a fee basis negotiated by
the respective parties outside of and in addition to this Agreement.
K. Providing environmental support services including the design and
implementation of ecological baseline studies, environmental monitoring,
impact assessment and analyses, permitting assistance, and other assistance
required to address environmental issues.
SECTION IV
RESPONSIBILITIES OF OWNER
OWNER siiall perform the following in a timely manner so as not to delay the
services of ENGINEER:
A. Designate in writing a person to act as OWNER's representative with respect to
the services to be rendered under this Agreement. Such person shall have
contract authority to transmit instructions, receive information, interpret
and define OWNER's policies and decisions with respect to ENGINEER's services
for the Project.
B. Provide all criteria and full information as to OWNER's requirements for the
Project, including design objectives and constraints, space, capacity and
6
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performance requirements, flexibility and expandabilitpa,10 4_4 y-~udge€ary
limitations; and furnish copies of all design and construction standards whi
OWNER will require to be included in the plans and specifications.
C. Assist ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the Project including previous reports and any other data
relative to design or construction of the Project.
D. Arrange for access to and make all provisions for ENGINEER to enter upon
public and private property as required for ENGINEER to perform services under
this Agreement.
E. Examine all studies, reports, sketches, drawings, specifications, proposals
and other documents presented by ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as OWNER deems appropriate for such
examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of ENGINEER.
F. Furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others,as
may be necessary for completion of the Project,
G. OWNER shall make or arrange to have made all subsurface investigations,
including but not limited to borings, test pits, soil resistivity surveys, and
other subsurface explorations, OWNER shall also make or arrange to have made
the interpretations of data and reports resulting from such investigations.
All costs associated with such investigations shall be paid by OWNER.
H. Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the Project, such legal services as OWNER may
require or ENGINEER may reasonably request with regard to legal issues
pertaining to the Project including any that may,be raised by.Contractor(s),
such auditing service.as OWNER may require to: ascertain,how-orJon, what
purpose any Contractor has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to ascertain that
Contractor(s) are complying with any law, rule, regulation, ordinance, code or
order applicable to their furnishing and performing the work.
1. Attend the pre-bid conference, bid opening, preconstruction conferences,
construction progress and other job related meetings and substantial
completion inspections and final payment inspections.
J. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of
ENGINEER's services, or any defect or non-conformance of the work of any
Contractor.
1
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Agenda llem_ ~S
K. Furnish, or direct ENGINEER to provide, Additional Serviftp as~t~ .Z.
Section III of this Agreement or other services as required. 9
L. Bear all costs incident to compliance with the requirements of this Section
IV.
SECTION V
COMPENSATION
A. BASIC SERVICES:
Compensation to ENGINEER for the work defined in Section 11 shall be the lump
sum amount of $56,904. Progress payments may be requested by the ENGINEER
based on the amount of work complete. Requests for progress payments will not
be more frequent than monthly.
B. ADDITIONAL SERVIC s;
1. For Field Surveying Services
For field surveying in Section 111, except resident representation,
ENGINEER shall be paid the lump sum amount of $6,050.
2. Other Additional Services (if requested by OWNER)
For other additional services the ENGINEER shall be paid based upon the
Schedule of Charges, Attachment A.
SECTION VI
PAYMENT,. .
Payment for the services of ENGINEER shall be due and payable upon submission of a
statement for services to OWNER. Statements for services shall not be submitted
more frequently than monthly. Any applicable new taxes imposed upon services,
expenses, and charges by any governmental body after the execution of this
Agreement will be added to ENGINEER's compensation.
If OWNER fails to make any payment due ENGINEER for services and expenses within
thirty (30) days after receipt of ENGINEER's statement for services therefore, the
amounts due ENGINEER will be increased at the rate of one percent (It) per month
from said thirtieth (30th) day, and, in addition, ENGINEER may, after giving seven
(7) days' written notice to OWNER, suspend services under this Agreement until
ENGINEER has been paid in full, all amounts due for services, expenses and
charges.
8
Agenda No. QQa
Agovdalloiri ~
s
SECTION VII1 e iay ~p
TIME OF COMPLETION /
ENGINEER will commence work on the Project upon execution of this Agreement.
ENGINEER shall complete the work identified in Section II A and B within 45 days
after receiving notice-to-proceed.
ENGINEER reserves the right to extend the completion schedule due to OWNER's
delays, Additional compensation may be requested by ENGINEER if project is unduly
prolonged due to OWNER's delays.
SECTION VIII
OPINION OF PROBABLE CONSTRUCTION COST
ENGINEER will furnish an opinion of probable construction cost of the work, but
does not guarantee the accuracy of such estimates. Opinions of probable
construction cost, financial evaluations, feasibility studies, economic analyses
of alternate solutions and utilitarian considerations of operations and
maintenance cost prepared by ENGINEER hereunder will be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's best judgement
as an experienced and qualified design professional. It is recognized, however,
that ENGINEER does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors' methods of
determining their prices, and that any utilitarian evaluation of any facility to
be constructed or work to be performed on the basis of the Report must of
necessity be speculative until completion of its detailed design. Accordingly,
ENGINEER does not guarantee that proposals, bids or actual costs'will not vary
from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder.
SECTION IX
REVISION TO PLANS AND SPECIFICATIONS
OWNER reserves the right to direct substantial revision of the plans and
specifications after approval by OWNER, as OWNER may deem necessary, but in such
event, OWNER shall pay to ENGINEER just and Equitable compensation for services
rendered in making such revisions.
Any defective designs or specifications furnished by the ENGINEER will be promptly
corrected by ENGINEER at no cost to the OWNER.
The ENGINEER shall render services necessary for the development of the Project as
outlined herein. ENGINEER shall exercise the same degree of care, skill and
diligence in the performance of the Services as is ordinarily provided by a
9
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Agenda Ne..
Agenda Item,_
~ rJ
professional engineer under similar circumstances and ENGIWER--"4_r! st`
to OWNER, reperform services which fail to satisfy the foregoing standard of
performance.
SECTION X
OBSERVATION AND REVIEW OF THE WORK
ENGINEER will endeavor to protect OWNER against defects and deficiencies in the
work of Contractors, by observation of the work as it progresses, by
interpretation of the plans, specifications and other Contract Documents to and
with the Contractors, by the disapproval of defective work as may be observed and
the issuance of stop-orders from OWNER with respect to defective material and
workmanship where they are observed, and ENGINEER will exercise due diligence to
assist OWNER in requiring that the work be done in accordance with plans and
specifications; but the Contractor will remain independent contractor with OWNER,
and ENGINEER does not guarantee the performance of such construction contracts.
ENGINEER shall not be responsible or the acts or omissions of any person except
his own employees and agents at the Project site or otherwise performing any of
the work for the Project.
SECTION XI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest herein,
OWNER may make and retain copies for information and reference; however, such
documents are not intended or represented to be suitable for reuse by OWNER or
others. Any reuse by OWNER or by those who obtained said documents from OWNER
without written verification or adaptation by ENGINEER will be at OWNER's sole
risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent associates and consultants from all claims,
damages, losses and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle ENGINEER to further
reasonable compensation.
SECTION XII
ARBITRATION
No arbitration arising out of, or relating to, this Agreement involving one party
to this Agreement may include the other party to this Agreement without their
approval.
10
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SECTION XII1 flo
TERMINATION OF CONTRACT
OWNER may indefinitely suspend further work hereunder or terminate this Contract
or any phase thereof upon thirty (30) days prior written notice to the ENGINEER
with the understanding that immediately upon receipt of such notice all work and
labor being performed under the Contract shall cease immediately. Before the end
of the thirty (30) day period, ENGINEER shall invoice the OWNER for all work
accomplished by it prior to the receipt of such notice. No amount shall be due
for lost or anticipated profits. All plans, field surveys, and other data related
to the Project shall be come property of the OWNER upon termination of the
Contract and shall be promptly delivered to the OWNER in a reasonable organized
form without restriction on future use except as stated -in Section XI . Should
OWNER subsequently contract with a new engineer for continuation of services on
the Project, ENGINEER shall cooperate in providing information.
SECTION XIV
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ENGINEER are hereb_, bound to
the othe;% party to this Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of such other party,
in respect of all covenants, agreements and obligations of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or
moneys that are dvi) this Agreement without the written consent of the other,
except to the extent that any assignment, subletting or transfer is mandated by
law or the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER
from employing such independent associates and consultants as ENGINEER may deem
appropriate to assist in the performance of services hereunder.
SECTION XV
TITLE VI ASSURANCES
During the performance of this contract, ENGINEER, for himself, its assi;nees and
successors in interest (hereinafter referred to as the "ENGINEER" agrees as
followsr
11
j!
pgonda No.
Agonda ft,
4;w,-7
- .2~
1. C i ante with Regulations; The ENGINEER shall comply Mrtn- ` y
Regulations relative to non-discrimination in federally assisted pr" 410s
of the Department of Transportation (hereinafter "OOT") Title 49, Code of
Federal Regulations, Part 21, 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, Non-Discrimination; The ENGINEER, with regard to the work perforttdd by it
during the contract, shall not discriminate on the grounds of race, color,
or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The ENGINEER
shall not participate directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of
the Regulations.
3. 59LJcitations for Subcontractors Including Procurements of Materials and
Fsgy~o_ment: In all solicitations either by competitive bidding or
negotiation made by the ENGINEER 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 ENGINEER
of the ENGINEER's obligations under this contract aiJ the Regulations
relative to non-discrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The ENGINEER shall provide all 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 determined by the sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain
compliance with such Regulations, orders, and instructions. Where any
information required of ENGINEER is in the exclusive possession of another
who fails or refuses to furnish this information, the ENGINEER shall so
certify to the sponsor or the FAA, as appropriate, and shall set forth
what efforts. it has made to obtain the information.
5. SanctiQn for Non-Cs,mnliance: In the event of the ENGINEER's non-
compliance with the non-discrimination provisions of this contract, the
sponsor shall impose such contract sanctions as it or the FAA may
determine to be appropriate, including, but not limited to:
a. O thholding of payments to the ENGINEER under the contract untll .he
ENGINEER complies, and/or
b, cancellation, termination, or suspension of the contract, in whole or
in part.
12
Nonda No,
Agenda 1jejjj__g
6. Incorporation of Provisions: The ENGINEER shall lncludl3tthe 7
paragraphs 1 through 5 in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations of l/
directives issued pursuant thereto. The ENGINEER shall take such action
with respect to any subcontract or procurement as the sponsor or the FAA
may direct as a means of enforcing such provisions including sanctions for
non-compliance. Provided, however, that in the event ENGINEER becomes
involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the ENGINEER may request the
sponsor to enter into such litigation to protect the interests of the
sponsor and, in addition, the EN{'INEER may request the United States to
enter into such litigation to protect the interests of the United States.
SECTION XVI
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
1. Policy; It is the policy of the Department of Transportation (DOT) that
minority business enterprises as defined in 49 CFR Part 23 shall have a
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement.
2. MBE Oblioations The ENGINEER agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts financed in whole or in part
with Federal funds under this agreement. In this regard, ENGINEER shall
take all the necessary and reasonable steps in accordance with 49 CFR Part
23 to ensure that minority business enterprises have the maximum
opportunity to compete for and perform contracts. ENGINEER shall not
discriminate'bn tho'ba$is of race,, color; national,origin,'or sex in the
award and performance of DOT-assisted contracts.
SECTION XVII
INSURANCE
A. Prior to the time ENGINEER is entitled to commence any part of the services
under this Contract, ENGINEER shall procure, pay for and maintain the
following insurance written by companies licensed in the State of Texas or
meeting surplus lines requirements of Texas law and acceptable to the OWNER.
The insurance shall be evidenced by delivery to the OWNER of certificates of
insurance executed by the insurer listing coverage and limits, expiration date
of policy, and certifying that the insurer is licensed to do business in Texas
13
Agenda No.
Agenda Pam Ies PO
or meets the surplus lines requirements of Texas law. Thelmsurapc~
requirements shall remain in effect throughout the term of this Contract;/ 7
Y
1, W r e 's Compensation as required by law; fmployeLL_Liab'1 t sura
of not less than $100,000 for each accident.
2. Co WLghensive General Liability Insurance including Contractual
L abil't , covering, but not limited to, the liability assumed under the
indemnification provisions of this Contract, with limits of liability for
bodily injury and property damage of not less than $250,000. Coverage
shall be on an occurrence basis, and the policy shall include Broad Form
Property Damage Coverage.
3' Profess IPnal Liability In ~ = (including Errors and Omissions) with
minimum limits of $1,000,000.00 per occurrence.
ned,
4. utoMobile and-Truck LiabilUx hired and non-owned vehicles, with minimum limits of $250,000,neach
occurrence, for bodily injury and property damage, such insurance to
include coverage for loading and unloading hazards.
5. $1,000,000 combined single limits bodily injury and property damaged
liability insurance, including death, as an excess of the primary coverage
required above.
B. Each insurance policy shall include the following conditions by endorsement to
the policy:
1. Each policy shall require that fifteen (15) days prior to the expiration,
cancellation, non-renewal or any material change in coverage, a notice
thereof shall be given to OWNER by certified mall to:
City of Denton
Attn: Robert E. Nelson
Executive Director for Utilities
215 East McKinney Street
Denton, Texas 76201
2. Companies issuing the insurance policies shall have no recourse against
OWNER for payment of any premiums or assessments for any deductibles and
risk of ENGINEER.
3. The term "OWNER" or "City of Denton" shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments, and offices of OWNER
and the individual members, employees and agents thereof in their official
capacities, and/or while acting on behalf of the City of Denton.
14
1
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Aoenda No,
Aponda ltnm .S' ~
4. The policy clause "Other Insurance shall not apply arrq ftt
coverage held by OWNER, to any such future coverage, or to the OWNER'S ~~°Oy( f
Self-Insured Retentions of whatever nature.
ENGINEER hereby waives subrogation rights for loss or damage against OWNER to
the extent same is covered by insurance.
SECTION XYIII
ATTACHMENTS
The following Attachments are attached to and made a part of this Agreement:
Attachment A - Schedule of Charges
Nothing under this Agreement shall be construed to give any rights or benefits in
this Agreement to anyone other than OWNER and ENGINEER, and all duties and
and
benefit for the sole
notr fore the will be
exclusive responsibilities benefit undertaken
of OWNER and pursuant ENGINEER and this
of any other
party.
This Agreement constitutes the entire Agreement between OWNER and ENGINEER and
supersedes all prior written or oral understandings. This Agreement may only be
amended, supplemented, modified or canceled by a duly executed written instrument,
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this Agreement, the day of
1992.
ATTESTt CITY OF DENTON
OWNER
i
By:
ATTEST: FREESE AND NICHOLS, INC.
ENGINEER
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SCHEDULE OF CHARGES l/
Staff Members Salary Cost Times Multiplier of 2.3
R c{dpresentatiun Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of ENGINEER, ENGINEER's employees,
draftsmen, technicians, surveyors, clerks, laborers, otc,, for time directly
chargeable to the project, plus Social Security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance benefits,
longevity payments, sick leave, vacation and holiday pay applicable hereto,
(Salary Cost is equal to 1.48 times payroll. This factor is adjusted annually.)
Q1hPr Direct Expense Actual Cost Times Multiplier of 1.15
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from Fort Worth
and other miscellaneous expenses directly related to the work, including costs of
laboratory analysis, tests, and otheh work required to be done by independent
persons or agents other than staff members,
2-22-91
A-1
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ORDINANCE NO.
AN 'PDINANCE OF THE CITY OF DENTON, TEXASo AUTHORIZING THE CITY
MAMAGSR TO EXECUTE AN AGREEMENT WITH DELOITTE & TOUCHE FOR
CON3ILTING SERVICES TO ASSIST THE CITY IN THE DEFENSE OF CERTAIN
PENDING LITIGATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE)
AND PROVIDING AN EFFECTIVE DATe.
THE COUNCIL OF THE CITY OP' DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an agreement with Deloitte & Touche and to retain the
services of Deloitte & Touche to assist the City in the defense of
certain pending litigation, styled Texas Wastg„Man$ggment v. City
of Denton, Cause No. 91-50778-367, and in the rebuttal of evidence
to be presented by the plaintiff's witnesses.
SECTION II. That the expenditure of funds therefore is hereby
authorized.
SECTION III, That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
By t
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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March 24, 1992
Agenda No.
TO; Mayor and Members of the City Council Agondalle S
Dale
PROM: Lloyd V. Harrell, City Manager Z2 10,
SUBJECT: RHSOLUTION OPPOSING A CABLE TTLEVISION BROADCAST CHANNI3L
RETRANSMISSION PEE
RECONW3NUATION:
The Cable Television Advisory Board recommends passage of this Resolu-
tion,
BACKGROUND/SMIARY;
Revision of the Cable Television Act of 1984 is currently underway in
Congress, CIn January 27, 1992, the Senate passed Senate Bill 12 (the
Cable Television Consumer Protection Act) and sent it to the House of
Repro sentatives for consideration, One provision of S,B, 12 would
allow broadcasters to negotiate faith local cable operators for the
right to retransmit, their broadcast signal for it foe or to forfeit any
such fee and force local cable operators to carry their broadcast
signal (must carry),
A similar provision is currently under consideration as part of House
cable television act revision. Action on the House bill is expected
in April, 1992,
Both the National League of Cities and the American Public Power
Association believe that any retransmission fee will result in higher
basic cable television rates charged to subscribers, Consequently,
these associations have requested that local governments urge their
Congressional representativos to opposo the inclusion of any retrans-
mission fee provision in any proposed cable legislation.
At its January 15, 1992, meeting, the Cable Television Advisory Hoard
discussed the retransmisslon fee, Consequently, the Board instructed
staff to prepare the attached resolution opposing any retransmission
foo, At its February 12, 1992, meeting, the Board voted to recommend
the resolution passage to the City Council.
PROGRAMS, DEPARTM]INTS OR GROUPS AMiC'i'ED;
City of Denton, Sammons CorrmunicatIons, and local cable television
subscribers.
]84/0324512025
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RESOLUTION
March 24, 1992 Data
Pago 2 rp
FISCAL IMPAC :
Undetermined.
Respectf ly/ submitted,
U
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City Manager
Prepared by: _
1
Director of Conmt ty Services
i ,
Alprot-ed by:
R. H, Nelson
Executive Director of Utilities
Attachment
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1A4/032492025
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ALL00172
Agenda tjo.
Agenda Ilem
Bsle _A 7- .
RESOLUTION NO,
A RESOLUTION BY THE CITY COUNC:,-i, OF THE CITY OF DENTON OPPOSING
CONGRESSIONAL LEGISLATION THAT WOULD ALLOW BROADCASTERS TO CHARGE
LOCAL CABLE OPERATORS A RETRANSMISSION FEET AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the National Association of Broadcasters has proposed
that Congress consider legislation permitting over the air broad-
casters to charge local cable operators a retransmission feel and
WHEREAS, Senate Bill 12, the Cable Television Consumer
Protection Act, passed by the Senate on January 27, 1992, contains
provisions allowing for a retransmission f3el and
WHEREAS, the House of Representatives is considering a re-
transmission fee as a provision of its cable television legisla-
ti.onl and
WHEREAS, the ability of broadcasters to charge local cable
operators a retransmission fee may result in increased basic
service charges to subscribersl NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION r,, That it be known that the city Council of the City
of Denton, Texas, hereby opposes any Congressional legislation that
would allow broadcasters to charge local cable operators a retrans-
mission fee.
SECTION ~Z_L That the City Secretary is hereby authorized to
furnish copies of this resolution to all interer,ted parties.
SECTION I r• That this resolution shall become effective
inunediately upon its passage and approval,
PASSED AND APPROVED this the day of
1992 ,
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY S
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February ~5.~""-'
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AGENDA ITI3,1 H2 7
MINIPPIiS T
CABLE TELEVISION ADVISORY 130,VT
JANUARY 15, 1992
1301M MF03ERS PRESFNP
Joseph Fearing
Joe Holland
Susan McGuire
BOARD NBTIBERS ABSENT
John Wiper
C.C. Sexton
STAFF PRESENT
Bill Angelo, Director of Community Services
Jos IalentiI Community Services Administrative Assistant
David Reynolds, Administrative Intern
C1T1-IER
None
ITEM N1 CALL TO ORDER
The Cable Television Advisory Board Meeting waa called to order by
Chairperson Joseph Fearing at 11;54 A.M., on Wednesday, January 1S,
1992, in the Utility Conr(.rence Room of the Service Center, City of
Denton, 901 Texas Street,
ITEM .Y2; APPROVAL OF IVE DECEMBER 5, 1991, MINUTES
Joe Hollwid requested that the minutes be amended to reflect the lack of
citizen participation at the Public Meeting, Susa.i McGuire moved to
approve the minutes as amended, seconded by Joe Holland - all ayes.
ITEM N3; CONGRESSIONAL LEGISLATION ALLOWING BROADCASTERS TO CHARGE
(ABLE '----r
Staff explained the proposed surchnrgo and that NATOA has declined to
take a position in order not to obscure the greater issues regarding the
Cable Act Amendment, Bill Angelo suggested that, nevertheless, NATOA
should take a position, The Board discussed aspects of the Must Carry
and other provisions of the Cable Act and expressed its general
1V1/011792007/2
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Agenda No.
MTNTTIES, January 1s, ; 99" Agenda item . 5 RV-
(continued.) Ne_~ 1
dissatisfaction with the proposed surcharge, Pie Board instructed staff
moprepng,
are a resolution in opposition to the surcharge for the February
eti
IT DI d4t LOCAL SYSMf REBUILDING AND tiXRMtSION A{0,MPILY REPORT
John tinlow was not able `
monthly report on the cable system rebuild andiexpans Older to make his
ITFAf k5; SMWNS CABLE TELEVI,ION BASIC SERVICE RATE INCREASE
The Board's review of Denton's local basic cable rates with those of
other systems was postponed until the February meeting,
OLD BUSINESS
A. Staff informed the Board that it had acquired C,C. Sexton's address
in Hawaii and will se,id her a resignation request letter,
B. Due to John Kluiper's absence, the Board will consider Joe Fearing's
replacement as Chairperson at, its February meeting.
C. Sta) " Informed the Board that over $204,000 in franchise fees were
paid to the City by Sammons during FY 1991, the last payment for
$52,077 being paid on November 12, 1991,
The Board discussed the practice among several are citi of
providing their government and/or community access operationse with
substantial funding from their respective franchise fees, The Board
requested that staff keep this funding concept in mind when it comes
time to evaluate th? Sammons franchise in 1.995.
D. Staff advised the Board that the results of the UNT community survey
would not be available until sometime in February and would be
presented to the Board at its February meeting,
NEW WISTNESS
The February Board meeting will be held on February 12, 1992, in the
Servico Center Conference Room at 11;30 A,M.
The meeting adjourned at 12;22 p,,tii.
IVl/01179Z007/3
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:1.C1E;MM ITE,INI r+0 ABanda No. '6MINUTES
CABLE TELEVISION ADVISORY BOARD Agenda Itam~ s
FEBRUARY 12, 992 Dala 9a
BOARD ,W11BERS PRESENT
Joseph Fearing
Joe Holland
John Kuiper
Susan McGuire
BOARD ,MEMBERS ABSENT
1
STAFF PRESENT
Bill Angelo, Director of Community Services
Joe Ialenti, Community Services Administrative Assistant
David Reynolds, Administrative Intern
OTHER
i
John Enlow, General Manager, Sammons Communications
IMI 01 • CALL. TO ORUL'R
The Cable Television Advisory Board Meeting was called to order by
Chairperson Joseph Fearing at 11;54 A,M,, on Nednesday, February 12,
1.992, in the Utility Conference Room of
Denton, 901 Texas Street. the Service Center, City of
.
IM,I #2; APPROVAL OF TILE JANUARY 15 1992, MINUTES
Joe Holland moved to approve the minutes, seconded by Susan McGuire
all ayes.
IT BI ds; LECISLATIVE UPDA'M
Bill Angelo provided the Board with an overview of the Senate Bill 12,
Cable Television Consumer Protection Act, provisions which passed the
Senate on January 27, 1992, fie stated that under the Bill's effective
competition provisions, Sammons Connunications in Denton would be
subject to City regulation, Joe Ialenti advised the Board that a
complete copy of Senate Bill 12 was not yet available and that summaries
of the Bill available from the National League of Cities and the
American Public Power Association were not absolutely reliable,
1V1/021492022/2
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Agenda No.
Agenda [loins
~iISCI'PI 5, 1 ebrtu3rr ! ~~y2 DaIa
(continued)
Mr, Ialenti further advised the Board that the Douse of Representatives
had this week scheduled a vote on its version of cable legislation in
six to eight Meeks, and that HB 3560 seemed to be moving into the
forefront ahead of Im 1303, lie stated that HB 3560 closely paralleled
Senate Bill 12,
'rile Board discussed recommending a resolution to the City Council
stating its support for cable legislation, but felt that, at this time,
it was not familiar enough with all the proposed cable legislation
provisions to state such support, The Board requested that staff
provide it with a synthesis of legislative provisions once a copy of the
full Senate bill and proposed douse legislation was available,
ITN H4; LOCAL CABLE SYSTDI REBUILDING .AND EXPANSION iNVY11111' REPORT
John Frtlow, Sammons General Manager, presented a handout illustrating
progress on the cable rebuild and expansion, He stated that the rebuild
was still on schedule to be completed during Sumner, 1992,
The Board asked about the rebuild in Southridge, Mr. Fnlow stated that
some electronic components in Southridge had originally been installed
in underground vaults where they were subject to corrosion. During the
rebuild, these vaults would be replaced with surface pedestals. He
stated that residents residing there would be sent a letter explaining
the rebuild construction process, and the Board and Council would be
furnished with a copy of the letter before it was sent out.
ITEM N5; SAWONS GABLE TEUXISION BASIC SERVICE RATE INCRMSE
The Board reviewed the channel and price survey conducted by staff of
several area cable systems, Mr, Hnlow stated that Sammons had recently
added a channel package costing $39,95 that included Basic, Tier, and
Showtime, HBO, and Cinemax, and that. shortly Sammons would add the Bravo
cultural/foreign film channel,
ITBI N6; TELEVISING CITY COUNCIL MEETINGS
Bill Angelo stated that the results of the Vr community survey were not
yet available, That survey included a question regarding public inter-
est in televising Council meetings and might provide the Board with
direction. He further advised the Board that Council elections were
upcoming in May and that any decision on televising Council meetings at
this time might be premature because at least one Council seat might
change its occupant,
1V1/021492022/3
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(CO1ltinued) a~lo Z~
St1e McGuire requested that ,11e 3oard postpone any decision on the
subject t~nt.il Che 5urve>''s results sere available. Bill Angelo advised
th,. staff would, nevertheless, proceed -ith the development of a
FY 1993 budget request to support televising Council s.eetings,
John Kuiper stated that lie had received a 3/4 tape of a Plano City
Cotatcil meeting which tho Board would view ,it its next meeting, John
En10W will supply a VCR.
I7ENI a7; HOUSE' OF REPPI]SENTAMT:S' PROPOSF,D CMLE TELEVISION
'I71e Board discussed the proposed Resolution stating its opposition to
any legislation enabling broadcasters to charge local cable operators
for their signal, Joe Fearing moved for its passage; John Kuiper
seconded - all ayes,
771e Resolution will be forwarded to the City Attorney for redrafting and
then to the City Council,
OLD BUSMSS
Joe 94aeing nominated Sue McGuire as his replacement as Chairperson and
Pfs. McGuire was elected unanimously,
WY BUSINESS
lanagerrshConforonce Room, will E, McKheld on inney, March r 11:3}0 A.M.
2' in the City
Joe Holland left the meeting at 1°;30 p,,,\f, to attend to other business,
The meeting adjourned at 1;10 1).M,
IVII02149202214
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CITY of DENrON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 688.8307
T Office of the City Manager
M]~MAF2,ANDLJM
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: April 21 1992
SUBJECT: Interlocal Agreement with the County
Attached is an Interlocal Agreement with the county for the county
to do the work on Country Club Road that was included in their
recent bond issue, Almost all of this road is all ready in the
j county jurisdiction. However, there is a very short piece of road
I that crosses through the outer ring of our city limits. The county
is doing this on all their projects to meet the letter of the law.
The county will be doing all this work and all costs will be borne
by them.
if you or the Council has any further questions, I would be happy
to try and answer them at your convenience.
Rick Svehla
Deputy City Manager
RSibw
AMM00121
Attachment
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ALLOOOD6
Adrnda No, Agenda Ilem
W10
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF
IMPROVEMENTS TO COUNTRY CLUB ROAD FROM U.S. 377 TO FM 1830; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES$
SECTION i That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the County of Denton for
the construction of improvements to Country Club Road from U.S. 377
to FM 1830, a copy of which is attached hereto and incorporated by
reference herein.
SECTION II. That this resolution shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of
, 1992.
BOB CASTLEBERRY, MAYOR
ATTEM
JENNIFER WALTERS, CITY SECRETARY
BYs
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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11
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Agenda No. _ 9~•~O//
Apondo Ilent,_-OJEI~ ~
Date -V-- -7 ..L.
THE STATE OF TEXAS
COUNTY OF DENTON ) ~o
CITY/COUNTY IITTERLOCAL AGREEMgNT
WHEREAS, the County of Denton, Texas, hereinafter called
"County" and the City of Denton, Texas, hereinafter called Itcityll,
want to enter into an agreement for the reconstruction of Country
Club Road from V. o, 377 to F,M, 1830 herein calA ea pond project.
WHEREAS, funds were identified in the 1991 Denton County Road
Bond program for this project (country Club Road).
WHEREAS, City requests County to allocate bond funds to
finance bond project; and
WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c)
Vernon's Annotated Civil Statutes provides authorization for any
local government to contract with one or more local governments to
pdrlurm yuvAili ms5h6l Midiumm 'ond wi viLitim widli tho tormA of thA
Aot; and
WHEREAS, the County Road and Bridge Act, Article 67021
V.A.C.S. provides)
(a) The commissioners court of a county may expend county
funds to finance the construction, improvement, maintenance, or
repair of a street or alley located in the county within the limits
of an incorporated city or town if the work on the street or alley
is done with the consent and approval of the governing body of the
city or, town.
CM/COVM N*"1ACA[.AORV,PMM,NT
D&WONMENTONCOUM- COMM CLUB ROAD
1
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Agenda No,
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(b) The authority of the county to finance the construction,
improvement,. maintenance, or repair of the street or alley includes
the cuthority to provide any necessary roadbed preparation or
material, paving or other hard covering of the street or alley,
curbing or guttering, or bridges or drainage facilities.
(o) The construction, improvement, maintenance, or repair may
be done or financeds
(1) by the county through the use of county equipment)
provided, however, that a county acting under this subsection may
not expend bond funds for the construction of new roads within the
incorporated limits of a city or town unless such construction is
specifically authorized in the election approving the issuance of
such bonds regardless of the source of the funds used to acquire
i
that equipmentf
(2) by an independent contractor with whom the county
has contracted or by the county as an independent contractor with
the city= or
(3) by the city or town, with the city or town to be
reimbursed by the county,
NOW THEREFOR;, THIS AGREEMENT is hereby spade and entered into
by comity and nlty 11pnn And rnr the mutu4l onnoiderAt,ien mtAtad
hereins
CIVICOUNTYINTP.RLOCALAORRRALRNT
DBNTONMENTYIN COUNTY • COUNTRY CLUN ROAD
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P~7onda No..
Agenda Item r" ~
WITNESSETHI
1.
City hereby requests county to provide bond funds for the
reconstruction of Country Club Road from U. S. 377 to F.M. 1830.
II.
City agrees tot
Allow County to reconstruct the bond project within the City#s
limits.
TII.
County reserves the right to appropriate funds to this project
not to exceed funds allocated for the project in the bond issue.
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C ITYICOUN7 Y INTERI OCAL AORVIN F71 T
DENTONIDENTON COUNTY -COUNTRY CLUB ROAD
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Agonda Pto,
Agonda Item /eS 's 7
Cute _.y
Executed thiA day of , 19by the
County of Denton pursuant to Commissioners' Court Order L-
and by the City of pursuant to city council
Resolution passed
DENTON COUNTY CITY or
Bys By:
j Jeff Moseley, County Judge Mayor
c
ATTESTI ATTESTS
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By$ Bys
Deputy, County Clerk City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORMt
Bys Bys
Attorney for Denton County City Attorney
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CITWCOUNTYINTF+. WCALAOEFY:WNT
DENTONIDENTON COUNTY • COUNTRY CLUB ROM
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DATE: April 7, 1992
Agenda No,
CITY COUNCIL REPORT Agenda Item
W0
TO: Mayor and Members of the City Council V IL~ Q l
FROM. Lloyd V. Harrell, City Manager U
SUBJECT: A RESOLUTION AUTHORIZING PARTICIPATION IN PURCHASING
PROGRAMS OF THE STATE PURCHASING AND GENERAL SERVICES
COMMISSION
RECOMMENDATION: Council approve a resolution authorizing participation in
purchasing programs of the State Purchasing and General Services Commission.
SUMMARY: The General Services Commission is the central purchasing agency for
state government. Sections 271,081-271.083 Local Government Code, V.T.C.A.
provides the legal authority for local governments to participate in the State of
Texas Purchasing Program. The Local Government Code states that a local
government making purchases of an item through the use of a state contract satisfies
the state law requiring competitive bids for the purchase of the item. A local
government may participate in the purchasing program of the Commission by filing
with the Commission a resolution adopted by its governing body,
BACKGROUND: Resolution, Letter from General Services Commissions.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: General Government and
Utility Funds,
FISCAL IMPACT: Any purchases to be made from the state contract in excess of
10,000 will be placed on the Council Agenda for approval.
Respe lly submi ted:
Talo d V. Harroll
City Manager
Prepared by:
'Name/ Melanie Harden
Title: Buyer
A roved:
u
Name: Tom D. Shaw, C.P.M.
264. DOC
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Agenda PJo.
Agenda kern oe6
Dale - 0
RESOLUTION NO.
A RESOLUTION AUTHORIZING PARTICIPATION IN PURCHASING PROGRAMS OF
THE STATE PURCHASING AND GENERAL SERVICES COMMISSION; DESIGNATING
A CITY REPRESENTATIVE TO SIGN AND DELIVER ALL NECESSARY DOCUMENTS
IN CONNECTION THEREWITH; AND PROVIDING AND EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, pur-
suant to the authority granted by sections 271.081-271.083, Local
Government Code, V.T.C.A., as amended, desires to participate in
described purchasing programs of the State Purchasing and General
Services Commission, and
WHEREAS, the City Council is in the opinion that participation
in these programs will be highly beneficial to the taxpayers of the
City of Denton through the anticipated saving to be realized; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION T. That the City Council of the City of Denton, Texas
does request that the State Purchasing and General Services
commission include its stated need on certain of the Commission's
annual contracts.
SEgT,iON II. That Tom Shaw, Purchasing Agent, is authorized and
directed to sign and deliver all necessary requests and other docu-
ments in connection therewith for and on behalf of the City of
Denton, Texas.
SECTION III. That the City Council acknowledges the city's
obligation to pay participation fees established by the commission.
SECTI N IV. That this resolution shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of 1992.
BOB CASTLEBERRY, MAYOR
nr. ,xaai
i
AgOlida No,
Agenda item S ~+'C
Dato
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHl CITY ATTORNEY
BY:
i
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PAGE 2
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Agenda No.
Agenda Item
We y . ! j,% ANNE WVNNE
DAVIS
P
_OONW
General Services Commission R POBER E
OBENT• E,DAM
1711 San Jacinto P.O. Box 13047 if
Austin, Texas 78711.3047 ExECUrl Dl R
UAS B. ' 8UBBA" STEEN
(512) 463-3445
STATE OF TEXAS DIRECTOR FOR PURCNASIND
RON ARNETT
February 5, 1992
Melanie Harden
City of Denton
901-8 Texas St.
Denton, TX 76201
RE: Cooperative Purchasing Program
State of Texas Contracts
Dear Ms. Harden:
Sections 271.081271.083 Local Government Code, V.T.C.A.
provides the legal authority for local governments to
participate in the State of Texas Purchasing Program. These
sections define local government to mean a county,
municipality, special district, school district, junior
college district, rural fire prevontion district, volunteer
fire department, or other legally constituted political
subdivision of the state.
The General Services Commission is the central purchasing
agency for state government. Participation in the state
program is processed by and through this agency. A local
government may participate in the purchasing program of the
Commission by filing with the Commission a resolution adopted
by its governing body. The resolution (sample format
attached) should state that the local government will: 1)
designate an authorized individual; 2) participate in the
program and pay participation fees established by the
commission; 3) be responsible for direct payment to vendors
and 4) be responsible for delivery and quality o6ropliance.
It is not mandatory for local governments to participate in
the state program. Participation is limited to the use of
the commissions automated contracts. Participation costs
include an annual non-refundable subscription fee of $125,00.
Incremental costs of $1.82 per purchase order issued will be
billed nonthly.
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Agenda No. _ J~A -Q
Agenda item_ 5!~~C
Late
Ms, Harden
February 5, 1992
Page 2
When we receive a completed resolution and subscription fee
from you, we will forward a complete contract catalog on
microfiche, a small supply of order forms and specific
ordering instructions.
I have also enclosed a copy of contract 070-A1 for your
review.
The Local Government Code states that a local government
making purchases of an item through use of a state contract
satisfies the state law requiring competitive bids for the
purchase of the item.
i'
A cooperative purchasing program between local governments
and the state can be beneficial to all concerned, but
particularly beneficial to the taxpayer and the local
goverranent entity. The benefits of volume purchasing are
well recognized, and we think your Jurisdiction will be well
served through participation in this program. If
any further you have
Y questions, please let us know.
Sincerely,
/L a.
Sue A, Neil
Program Services
512/963-3368
SNtgt
Enclosure
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Agenda No. +1'~01~~~
Agenda lleBl S-
070
CITY OF DENTON toIa
MEMORANDUM G 3
DATE: April 7, 1992
TO: Mayor and City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RESOLUTION OF SUPPORT FOR AN UNIVERSITY STUDENTS
COMMITTEE
R CO EN A ON
That Council approve a resolution supporting the efforts of the
student governments of the University of North Texas and Texas
Woman's University to form a committee to facilitate communication
between the City of Denton and the student population.
BACKG$gUNb:
City staff presented a proposal for an university students
committee during the worksession of Tuesday, March 17, 1992.
The committee will assist the City of Denton to promote civic duty
among the university students by serving as a liaison between the
city and the university student population. The students feel that
too many people come and live in Denton during their college years,
but never interact with city government, Consequently, the
potential resources of students go untapped. Specifically, the
students will:
1. Work to familiarize the student community with city government
by incorporating an overview of city programs and services
into student orientations.
2. Assist the citizens of Denton and the local government by
coordinating volunteer projects to be performed by the student
community and its organizations.
3. Facilitate communication between the student community and
local government on issues affecting students duality of life
and work with city officials to seek workable solutions,
4. Act as clearinghouse for students who may serve as scientific,
literary or artistic resources for city programs and projects.
51 Act as clearinghouse for information on mentorship and
internship opportunities with local government and business.
I
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Agenda No.
Agenda ffem. Ae po~ l~
foie ._~~s~~w
City Council Agenda
University Students Committee
April 7, 1992
Page 2
COMMITTEE STRUCTURE
The committee will consist of seven (7) students appointed by the
student governments of each university. The appointees will serve
one (1) year terms starting July 1. Three (3) of the students will
be chosen by the Student Government Association of Texas Woman's
University and three (3) students will come from the student
Association of the University of North Texas, Each group will also
provide one (1) alternate.
In even numbered years, UNT will provide an additional appointment
to serve as chairperson. In odd-numbered years, TWU will provide
an additional appointment to serve as chair.
Both student governments hold their elections in spring. At that
time, they will select their committee representatives. Their
first annual meeting will be during the summer. Then starting the
fall semester, committee meetings will occur in September, October
and November. During the spring semester, the students will meet
in February, March and April. Each semester, the Council and
students will conduct a joint meeting to discuss the committee's
work and progress.
The students will receive assistance from the City Manager's
Office. Jesus will serve as liaison to the group. Both the UNT
and TWU students report support from their administrations for
their efforts.
Prepared By;
u Nava T
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Ass tent to the City Manager
Approv Byt
Lloy V. Harrell
City Manager
cc: UNT and TWU Student Government Representatives
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Agenda No. oZ D _
Agenda Item /e
RESOLUTION NO, Gi 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
SUPPORTING THE EFFORTS OF THE STUDENT GOVERNMENTS OF THE
UNIVERSITY OF NORTH TEXAS AND TEXAS WOMAN'S UNIVERSITY
TO FORM A JOINT COMMITTEE TO FACILITATE COMMUNICATION
WITH THE STUDENT POPULATION.
WHEREAS, the student governments of the University of North
Texas and Texas Woman's University have expressed an interest in
assisting the City of Denton by facilitating communication between
the City and the students of each respective university] and
WHEREAS, the City of Denton values and supports the efforts
of its citizens to promote good communication on city programs,
services and other civic matters; and
WHEREAS, the student governments have jointly developed a list
of functions that will promote local government among the
university student population and familiarize them with the
services the City of Denton provides; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
SECTION I. That the City of Denton hereby supports the
efforts of the student governments of the University of North Texas
and Texas Woman's University to form a joint student committee to
assist the City of Denton to facilitate communication with the
student population regarding city programs and services.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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iAgenda No, /L °r_ -
Agenda ISem~1 ~
Onl4 YQQ -~7 Al (d
TO: Mayor and Members of the City Council
FROM: Joe Thompson, Airport Manager
DATE: March 25, 1992
SUBJECT: Request by AirDenton, Inc. to install a Self-Service
100 Low Lead Card-Reading System and 29 hour Fueling
pump accommodations.
AirDenton, Inc.# a Lessee at the City of Denton Municipal Airport
has requested the right to install a pipeline on Denton Municipal
Airport property to transport aviation fuel from the City of
'r Denton's fuel farm to AirDenton's leased property.
r
It is the recommendation of the Airport Advisory Board and
Airport Staff that AirDenton, Inc., be granted a license to
cross the City of Denton property to AirDenton's leased property
in order to sell self-service 100 Low Lead fuel.
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Agenda for rP
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CITY COUNCIL REPORT FORMAT lp
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Request by AirDenton, Inc., to install a Self-Service
100 Low Lead Card-Reading System and 24 hour fueling pump
accommodations.
RECOMMENDATION:
It is the recommendation of the Airport Advisory Board and Airport
Staff that AirDenton, Inc., be granted a license to cross the City
of Denton property to AirDenton's leased property in order to sell
self-service 100 Low Lead fuel.
SUMMARY:
There will be no cost to the City of Denton.
BACKGROUND:
This Agreement will improve fuel sales at the Denton Municipal Airport
which will generate more revenue at the Denton Airport.
PROGRAMS,_DEPARTMENTS OR GROUPS AFFECTED:
This Agreement will not affect any other Department or Group.
FISCAL IMPACT:
This Agreement will improve airport service capability to the flying
public and improve revenue for the Denton Municipal Airport fuel
flowage fees.
Respect' lly submitted:
Lloy V. Harrell
*.'repared by: w_ City Manager
Joe Thompson,AWrport Manager
Appdovto
: f
Rick Sve la Deputy City Manager
ALL0014D Atted we t 1FA1 1
Agenda Na. Agenda 4om leg #a
thto .2.
LICE14SE IN REAL PROPERTY GRANTED SY THE
CITY OF DENTON TO AIRDENTON, INC.
Recitals
AirDenton, Inc. (AirDenton), a Lessee at the City of Denton
Municipal Airport has requested the right to install a pipeline on
airport property t transport aviation fuel from the City0s fuel
farm to AirDenton's leased property. In consideration of
AirDenton's covenants, the City of Denton (City) has agreed to
grant a license across its property in accordance with the terms of
this License.
License
1. The City grants this License to AirDenton to make use of
the property owned by the City as described in the attached Exhibit
At incorporated herein by reference.
2. The property may be used by AirDenton to install, operate
and maintain an underground pipeline to transport aviation fuel and
for no other purpose. The installation, maintenance, operation,
repair, and removal of the pipeline shall be performed by AirDenton
at its sole cost and expense and in a manner that will not perma-
nently interfere with the City's use of the surface of the licensed
property. AirDenton shall comply with all City ordinances and
Stpte and Federal laws and regulations in the installation, opera-
tion, repair, and maintenance of the pipeline, including the acqui-
sition of permits and the payment of all permit and inspection fees
or other costs imposed by any governmental agency.
3. AirDenton, its contractors and agents, shall obtain and
maintain liability insurance coverage on the licensed premises of
the types and amounts determined satisfactory by the City's Risk
Manager to provide for the payment of damages for bodily injury and
property damage, including environmental damage, arising from the
construction, operation, repair, and removal of the pipeline.
4. AirDenton shall comply with all federal, state and local
environmental laws and regulations in its use of the licensed prem-
ises, including the Resource Conservation and Recovery Act, as
amended (RCRA), and the Comprehensive Environmental Response Com-
pensation and Liability Act, as amended (CERCLA), AirDenton shall
not treat, store or dispose of hazardous; wastes on the licensed
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FOnntla No. ~ ~~'D l/
Agenda Itnm~_-Y
We premises, as defined in RCRA, or install any underground storage
tanks, as defined in RCRA, on the licensed premises. AirDenton
shall use its best efforts and safety practices to prevent the
release of any hazardous substances, as defined in CERCLA, on the
licensed premises. AirDenton shall assume all responsibility for
and shall indemnify and defend the City against all costs and
claims associated with a release or leak of hazardous substances on
the licensed premises. AirDenton assumes all responsibility for
the investigation and cleanup of any such release and shall indem-
nify and defend the City, its officers, agents and employees, for
all costs, including environmental consultant and attorney fees,
and claims resulting from or associated with any such release or
leak.
5. AirDenton agrees to pay the cost of repairs to any City
utility lines, sidewalks, or other city property damaged or de-
stroyed in the construction, repair, maintenance or removal of the
pipeline. AirDenton shall indemnify and hold harmless the City,
its officers, agents, and employees, from and against all claims,
losses, damages, causes of action, and liability of every kind,
including all expenses of litigation, court costs, and attorney's
fees, for injury to or death of any person, or for damage to any
property, arising from AirDentonts use of the licensed property.
6. This License shall begin on the date executed by both par-
ties and shall continue thereafter from year to year until termi-
nated. This License shall terminate upon the earliest of the
following events;
(a) Upon termination of AirDenton's lease as a fixed based
operator at the Denton Municipal Airport;
(b) on the date the present City's fuel farm site is
abandoned, estimated to be in 1998; ur
(c) If, after the City awards a contract for the expansion or
improvement of the airport terminal building that would require the
use of the licensed premises, the City gives a written notice of
termination.
Upon termination of this License, AirDenton shall remove the
pipeline from the licensed property within sixty (60) days of the
termination date and should AirDenton fail to do so, the city may
remove the pipeline without liability to AirDenton and AirDenton
agrees to pay for the cost of removal,
7, This License shall not be assigned by AirDenton without the
express written consent of the City.
PAGE 2
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Agenda No. 7a - D /I
Agenda llem /LOS At-
Qale.
Signed by the parties on the day of 1992. (v/
CITY OF DENTON
BY:
BOB CASTLEBERRY, MAYOR.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DrBRA A. DRAYOVITCH, CITY ATTORNEY
i
BY: AIRD2NTON INC.
BY.,
JI F , PRES DENT
ATTEST:
TORAT9 ARY, AIRDENTON, INC.
PAGE 3
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ALL00154
Agenda No.
Agenda Item
Date
EXHIBIT A
ALL that certain lot, tract, or parcel of land situated in the T.
Toby Survey A-1285 Denton County, Texas and also being part of a
tract shown by deed to the City of Denton recorded in Volume 304,
Page 503 Deed Records of Denton County Texas and being more
particularly described as follows;
COMMENCING at an iron pin set at the intersection of the south
right-of-way line of F.M. 1515 with a southerly extension of the
east line of a road easement shown by deed to Denton County, Texas
recorded in "Tract I" Volume 306, Page 461 Deed Records;
THENCE north 10 50' 55" west with the east line of said road ease-
ment 449.33 feet;
THENCE south 770 15' 05" west a distance of 491.0 feet to the Point
of Beginning and being a 2 feet wide strip of land whose center
line is described as follows:
1. South 770 15/ 05" west a distance of 252.45 feet to an
angle point;
2. South 290 311 42" west a distance of 135.36 feet to the
end of said strip of land and containing 775.62 square
feet of land.
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Agenda No,
Agenda Itemi -
CITY COUNCIL REPORT Date ~
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Request from Delta Lodge to allow amplifiers and musical
instruments at the North Texas State Fairgrounds on
Sunday, April 12, from 12:30 p.m. to 10:00 p.m. for the
Fry Street Fair
DATE: April 7, 1992
RECOMMENDATION:
To allow the Delta Lodge to allow amplifiers and musical
instruments at the North Texas State Fairgrounds on Sunday, April
12, from 12:30 p.m. to 10:00 p.m. for the Fry Street Fair.
BACKGROUNDt
The A:y Council directed the Mayor and City Manager to work with
the illoz:th Texas State Fair Association and the Delta Lodge to have
the Fry Street Fair at the Fairgrounds. This has occurred and the
Delta Lodge and the Fair have worked out an agreement and signed a
contract. Both groups have worked very hard to ensure a
responsible event will occur with minimal disruption to the
surrounding neighborhood.
The City's noise ordinance is in effect from 10:00 p.m. to 7:00
a.m. The Code of Ordinances also states that the "operation of a
loudspeaker, amplifier or musical instrument at any time on Sunday"
Is a noise nuisance. However, the Code goes on to state that "the
City Council may make exceptions upon application when the public
interest will be served." (Chapter 20 Nuisances, p. 1389)
The Delta Lodge has requested that the City Council allow the Fry
Street Fair to use the usual amplifiers and musical instruments
during the event. The stage will face away from the neighborhood
toward the empty lot on Hinkle. Off duty police officers will be
providing security for this event.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Delta Lodge, citizens of Denton, Fry Street Fair attenders
FISCAL IMPACTt
None
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Agenda No,
Agenda llun & 'may
NO Please advise if I can provide additional information. 5
RESPECTFULLY SUBMITTED,
L1 y V. Harrell
City Manager
Prepared by;
Catherine E. Tuck
Administrative Assistant
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Agenda No..~1~/
Agenda item ~S r9
FRY STREET FAIR CONDITIONS AT THE NORTH TEXAS FAIRGROUND
Fair Date April 12, 1992 v
CONDITIONS
Securitv
15 Off Duty Police officers
39 Delta Lodge security positions
2-10 Band security officers
The Delta Lodge will ensure that the security and off duty officers
meet with the business owners and check with them throughout the
event.
Portable Toilets
35 Port-a-lets
Six available in the parking areas plus building facilities
Litter/Clean Un
Delta Lodge hiring a company to clean up inside the Fairgrounds
Delta Lodge to clean up;
Parking lot of Kroger and rest of center
In residential area as far as the trash is found
In the two churches property and retirement home
In the Hinkle area
Fence
A six foot chain link fence will surround the area for the Fair
Several entrances will be manned by security officers and will keep
alcohol from being brought into the event
Fair Time
The Fair will open at noon, with the "Star Spangled Banner" at
approximately 12sl5p.m. and the first band starting at 12130 p.m.
It will end no later than 10;00 p.m. and beer sales will stop at
9100 P.M.
Other Conditions
The Delta Lodge will provide full details of this meeting in
writing to Mr. James Roden and both parties will sign off on it.
Additionally, a contract with security deposits and other
provisions will be signed.
Meeting Date; March 20, 1992
1
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Agenda No,
AQonda )lem. ~es
Chapter 20
NUISANCES+
Art, I. In General, p)f 20.1-20.80
Art. II. Abandoned Property, Of 20.81-20.70
Div, 1, Generally, Of 20.31--20.40
Div, 2. Motor Vehicles, H 2041-20.70
Art, III. Grass and Weeds, 112071-2073
ARTICLE I. IN GENERAL
See. 20.1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis-
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
0 persona of ordinary sensibilities In the immediate vicinity thereof,
(b) It shall be unlawful for any person to make or cause any noise of such character,
Intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persona of ordinary sensibilities,
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive;
(1) The playing of any phonograph, television, radio or any musical instrument in such
mariner or with such volume, particularly between the hours of 10;00 p,m, and 7,00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen•
sibilitles in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such meamer
or with such volume as to annoy or disturb persons of ordinary sensibilities In the
immediate vicinity thereof, particularly between the hours of 10,00 p.m. and 7,00
am., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public interest will be served thereby;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or atop work or as a warning of danger;
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7;00 a.m, and 8;30 p.m,, Monday through
*Cross references-Protected migratory bird roosts declared nuisance, § 0.87; inspection
and abatement warrants, § 19.88 of seq.; Insect and rodent control in mobile home and rec.
reational vehicle parks, § 32.91.
1389
is
Aponda iVo,
Apcnda licm le S _
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00
Chapter 20
NUISANCES*
Art. 1. In General, 10 20.1-20.30
Art. 11. Abandoned Property, Of 20.31-20.70
Div. 1. Generally, If 20.31-20.40
Div, 2, MotorVehicles, H 2041-20.70
Art. 111. Gram and Weeds, it 20.71-2073
ARTICLE I. IN GENERAL
See. 20.1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause matorial distress, discomfort or Wury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially Interfere with the comfortable enjoyment
of private homes by persona of ordinary sensibilities,
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive;
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10;00 p,m, and 7;00
a,m„ as to annoy or disturb the quiet, comfort or repose of persons of ordinary son.
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner
or with such volume as to annoy for disturb persona of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 10:00 p.m, and 7;00
a.m,, or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public interest will be served thereby;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to givo
notice of the time to begin or stop work or as a warning of danger;
(4) 'rho erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8,30 p,m., Monday through
"Cross references-Protected migratory bird roosts declared nuisunce, § 6.87; inspection
and abatement warrants, § 10.86 of seq.; Insect and rodent control in mobile home and rec.
J reational vehicle parks, § 32.81
1389
ljonda No. /I
Agwida item
Wo
Jr
9// v"~
Catherine Tuck April 1,19
Assistant City Manager
215 E. McHinney
Denton, Tx. 76201
Dear Ms. Tuck,
The Brotherhood of Delta Lodge would like to make a request
allowing us to use a public address system, ampliphlers,
and electrical music equipment on Sunday, April 12,1992,
from the hours of twelve-thirty PM until ten o'clock PM, at
the North Texas State Fairgrounds for the purpose of
Fry St. Fair.
Respectfully,
Cliff Hansen, President
Michael Scissom, V ce-President
.4
r V1r5
NCO Nd COLAICIL PACKETS ONLY
FOR ITEM 1B i --WORK SESSION 47-92
4onda No.
Adanda Rom L11.~ /
a,le 4- 7
CITY of DENTON, TN.KAS MUNICIPAL BUILDING / 115 E. MCKINNEY / DENTON, 4FXAS 7&b1
M E M O R A N D U M
TO: Betty McKean, Executive Director for Municipal services
and Economic Development
FROM, Steve Brinkman, Director of Parks and Recreation
DATE., April 2, 1992
SUBTECT: Status on Purchase of FDIC Property
We forwarded our Letter of Intent to the FDIC, and they reviewed
the offer and found it to be satisfactory. Joe Morris in Legal
has been working with the broker and Mary Epperson at FDIC to try
to get the contract completed. As soon as the contract is
completed, it will be sent to the FDIC for their review and
tentative approval. Depending on the status of the FDIC review,
we intend to bring the contract to council on either April 21 or
May 5.
The contract will then be sent to the FDIC for their final review
and approval with Earnest money of 5% of the purchase price. We
will ask the FDIC for an inspection period of 45 days during which
time we will complete an Environmental Assessment. The assessment
includes a comprehensive site assessment, soil testing, and
borings to determine the subgrade. Also during this time, the
FDIC will provide the City a survey and title insurance. After
this inspection period, we will have the closing on the property
which transfers the property to the City. A tentative schedule
would be:
April 21 or May 5 - Council Approval
June 5 or June 19 closing
We have also received a copy of the appraisal report and verified
that the market value of the property at this time is $1,0000000.
This amount is double the purchase price we have offered FDIC
which indicates that we are purchasing this property at half its
market value (see attached letter).
Steve B i a
8171566,8200 D/FW METRO 434.2519
s;
Agenda No.
Agondaltam,__fS~
7r I ' 7
J. A. Hinsley, ALAI ~f
Suite 612 First State Bank Bldg. Q
Denton, TX 76201
March 21, 1992
Mr. Steve Brinkman
Director of Parks and Recreation
City of Denton
Denton, Texas 76201
Re: 200.3908 gross, Abet. 6160 and 1007,
City and County of Denton, Texas
Dear sir:
In accordance with your request, I inspected the above referenced property
March 2, 1992 for the purpose of preparing the following narrative
appraisal report.
No responsibility is assumed for legal matters nor is title opinion
rendered, assumed as fee simple under prudent management and ownership.
This study conforms to regulations and procedures, and is subject to the
Appraisal Institute Code of Ethics and Standards of Professional Practice.
I vurtifys to my knowledge, statements of Sact are correct; my fee is not
contingent on predetermined conditions; I do not have or contemplate
interest in the above referenced property] I prepared analysis and
conclusions without bias to matter or parties involved; I have completed
the Appraisal Institute's continuing education program requirements.
Market value should not be confused with possible nor probable sale price
based on observation of sales of foreclosed properties and their
subsequent "flips". Probable purchase price includes subjective reasoning
such as the need to reduce inventory. Market value definition includes
normative conditions not reflected in subjective reasoning.
Fanning and Associates' January 14, 1987 appraisal was $2,000,000, and
March 27, 1989 was $1,700,000. My June 25, 1990 appraisal was $1,4001000.
L. R. Denton and Co.'s May 250 1990 appraisal was $710,000. J. R. Kimbell
of Ft, Worth, Texas reportedly appraised the subject. His appraised value
is unknown, but is probably higher than L. R. De:iton and company's as it
was not presented to the Denton Appraisal District. It is offered at
$780,000, a 58.90 reduction, and recent contracts of $650,000 and $525,000
that.fall through. Observation of. FDIC asset liquidations indicate the
subject could have been purchased for $532,000, but because the $525,000
contract fall through the subject can probably be purchased in the
$500,000 range. Point estimate of market value "as is" as of, March 2,
1992 is $1,000,000.
Respectfully submitted,
A. H neley, 4AI
i
Agnnda No.. 1
Agenda ~te`m a)s /,QJ.
PURPOSE OF THE APPRAISAL 7
Purpose of the appraisal is to estimate and market value of the fee
simple estate of realty identified herein, as is, without hypothetical
conditions, or assumptions, except those of the value definition,
the date specified herein. No title opinion is rendered, which is" of
assumed as marketable fee simple encumbered by encroachments, easements,
losses interest, and title deficiency in information provided or
observed. Function is use in consolation for consideration of purchase
of the property.
DEFINITION OF MARKET VALUE
Market Value is the most probable price which a property should bring in
a competitive and open market under all conditions requisite to a fair
sale, the buyer and seller aeon acting prudently and knowledgeably, and
assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the
passing of title from seller to buyer under conditions wherebys 1. Buyer
and seller are typically motivated) 2. Both parties are well informed or
well advised, and acting in what they conaider their own best interest)
3. A reasonable time is allowed for exposure in the open market; 6,
Payment is made in terms of cash in U.S, dollai-s or in terms of financial
arrangements comparable thereto; and 5. The py.•ice represents the normal
consideration for the property sold unafffectud by special or creative
financing or sales' concessions granted by anyone associated with the
sale.
Sources FDIC, 12 CFR 323.2f
APPRAISAL PROCEDURE o
The assignments scope is to estimate the subjects value es defined in
its actual state, "as is", utilizing availably information substantially
affecting the subject's value which can be confirmed, and anal;zsd within
the time allowed for the preparation of the report.
Several techniques can be applied within the basic approachass 1. Cost
Approach, 2. Income Approach, and 3. Market Data Approach. Standards of
Professional Practice requires as many appraisal techniques as ere
applicable be employed to estimate value of the property appraised.
The appraisal process involves steps which arer 1, Definition of the
problem, 2. Preliminary data collection, selection, and analysis, 3.
Highest
the
basic approaches, a5. Reconciliation cofivalue indicationsttohaifinalof
point estimate, and 6, Report conclusions of defined value.
fpplowslicabinilirty and
approaches
ause.
r~
~t
Agonda No.
Agenda Ilam
Dale 1- *7 - '?A 9
CONTINGENT AND LIMITING CONDITIONS
No responsibility is assumed for legal matters. Title is assumed as fee
simple encumbered as identified herein under prudent
management/ownership.
Information, estimates, and opinions obtained from sources considered
reliable are believed to be correct with noted exceptions herein.
I have made no survey of the subject. Sketches and maps are based on
information available and included to visualize the property.
Value conclusions subject to completion, alterations, repairs, or cost to
cure are contingent on completion in an acceptable workmanlike manner.
Prior arrangements for testimony or court appearance is required
therefor.
Distribution of total value between components of value applies under
existing program of utilization. Separate component valuations must not
be used in conjunction with other appraisals, and are invalid of so used.
I assume no responsibility for unapparent conditions affecting value,
requiring engineering, or hazardous waste studies necessary to discover.
The report shall not be used by anyone but the client without consent of
the appraiser and clientr nor conveyed through public media as to
conclusions, the appraiser, or reference to the Appraisal Institute.
r
' CERTIFICATION
I certify that, to the best of my knowledge and belief: Statements of
fact are true and correct. Reported personal, unbiased analyses,
opinions, and conclusions ap.e limited only by assumptions and limiting
conditionsherein. I inspected the subject and data. No one provided
professional appraisal assistance. I have no present or prospective
interest in the subject, nor personal bias in respect to subject matter
or parties involved. Compensation is not contingent on actions or events
resulting from analyses, or conclusions in, or use thereof. Analyses,
and conclusions developed are prepared in accordance with standards and
reporting requirements, and subject to the Code of Professional Ethics
and Standards of Professional Practice of the Appraisal Institute. I
' have completa,d the continuing education program requirements of the
Appraisal Institute. My State Certified General Real Estate Appraiser
number is TX-13204190.
r
El ' date j J. A. Hinaley, MPI /
I
v.
a
i
Agonda ND. AQonda llem~
Date
6
CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY i' DENTON, TEXAS 76201
March 4, 1992
Ms. Mari Bennett Epperson, Account Officer
ORE Sales
Federal Deposit Insurance Corporation
Dallas Consolidated Office
One Spectrum Center
5080 Spectrum Drive, Suite 1000E
Dallas, TeXas 75248
RES Letter of Intent to Purchase Real Property
Dear Ms. Epperson:
This Letter of Intent to purchase the referenced property is
submitted by the City of Denton, subject to the conditions stated
herein.
Property: A 200.39 acre tract of unimproved land,
located in the City of Denton, Texas,
bounded by Teasley, Londonderry, and
Hobson Lanes.
purpose The City of Denton intends to acquire the
property for recreational purposes.
Purchase Price: $500,000.
Development Issues: The City of Denton concurs with the
broker's report that the highest and best
use of this property is for park purposes.
The advantages of a public purchase of
this property for a park over a
speculative land investment include the
following. The property is presently
designated as a low intensity area. on the
City's comprehensive plan. The property
is zoned planned development for detached
and attached single family residential
use.
Due to identified site and development
constraints, it appears that even a law
intensity residential development does not
represent a viable option for this
property.
317/566.8200 D/PW METRO 434.2529
NEW
:I
i
~r
-`i
Letter of Intent Agonda
March _ 41 1992 onlo .
P
v
Development Issues (continuedO
significant site constraints for any
private venture to overcome would include
the reclamation of the floodplain on the
property. Approximately 70 acres (35% of
the site) is located in the 100 year
floodplain with over half of that acreage
in the floodway. The City of Denton
Engineering Department projects only 10-20
acres could be reclaimed through drainage
improvements. No development is allowed
in the floodway and is severely restricted
in the 100 year floodplain which extends
the entire length of the property along
Teasley Lane. In addition, the floodway
and floodplain will require a minimum
standard of maintenance to comply with
city guidelines. These guidelines include
keeping the floodway free of debris and
overgrowth of plant material that would
obstruct flood waters. This would be
another significant cost to the developer.
The configuration of the floodplain and
floodway all along the frontage of the
property will significantly restrict
access off Teasley in a residential
development.
There is no existing infrastructure on the
property. As it is presently zoned,
public improvement costs, excluding
interior infrastructure costs, are
outlined in the attached correspondence
from the City of Denton's Engineering
Department and include paving one-half the
width of Hobson Lane with a bridge
crossing, sidewalk construction along the
entire frontage of Hobson and Teauley
Lanes, drainage improvements including
retention ponds and drainage channels, and
major landscaping. Public utilities would
also have to be upgraded to serve this
sizeable development.
other public, improvements could includo
donation of park land at the rate of one
acre per one hundred dwelling units for
residential developments exceeding 500
units.
!y~
I1.
1
Agenda NO.
Agenda 110m
Letter of Intent
March 41 1992 fltito~
Page - 3
Development Issuers (continuedl:
These development costs, particularly the
drainage improvements, would probably not
justify private development in the
foreseeable future.
Another site constraint is the location of
the Acme Brick Manufacturing plant
adjacent to the property on its west side.
This incompatible land use would require
substantial buffering which might include
a fence or wall along the western property
line in addition to a living screen of
trees. A park use would serve as an
enhanced buffer to the neighborhood and
the plant.
As stated in the broker's report, the only
current realistic development opportunity
would be in a multi-family project(s).
This type of development would require a
zoning change which would meet
overwhelmingly strong opposition from the
adjacent low intensity iieighborhoods and
would conflict with current comprehensive
planning for this area. The feasibility
of Council approval for such a change is
nil.
The constraints affecting single and/or
multi-family development would not negate
a park development due to tremendously
lower infrastructure, utility, traffic and
access requirements, and allowable use of
the floodplain. For these reasons, the
City believes the property is particularly
suited for recreational development.
The City of Denton expects to develop this
property as a Community Park which would
provide park and leisure recreation
services to a large portion o
community. According to the City's
Comprehensive Master Plan for Parks, the
property is well suited for park
development with its location in South
Denton where a deficit of park land
exists, its size which allows flexibility
in development and broadens the scope of
potential urges and the overall physical
suitability of the site for a community
park.
Yac.ro.
1.
Latter of Intent Agenda No
March 4, 1992 Apondallam..
Page - 4 Data
Development issues (continued):
The City of Denton Parks anC Recreation
Advisory Board unanimously supported the
purchase of this property at their meeting
on February 24, 1992.
Terms: Cash. Monies are available from existing
bond funds.
Escrow Fund: Five percent (5%) of the purchase price
will be escrowed upon execution of the
purchase contract.
Cond tions: As a governmental entity, the City has an
obligation to insure through public notice
and debate that the citizens have an
opportunity to express their desires on
major community decisions of which this is
one. The City Council must also receive
the recommendation of any city board or
commission having jurisdiction over the
subject matter. Again, the City of Denton
Parks and Recreation Advisory Board has
already formally met and acted
affirmatively on this matter. The vote
was unanimous. If there is general
community support for the purchase, the
city intends to submit a contract offer
within 90 days of receipt of this letter
of intent. This is subject to and
contingent upon approval by the City
Council. We ask that the F.D.I.C. not
consider any new offers during this
period. According to your letter of
February 13, 1992, it is our understanding
that there will be no new offers solicii;ed
as of February 18, 1992.
Ync 'ly,
:
. Harrell, Ci y Manager
Denton, Te s
jh
Attachment
AJJ00225
$i
ij
j9
v
Agenda No.
Agenda flem~/S
Dale
77 Q
city of awrom, MUS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATEr March 3, 4992
101 Lloyd Harrell, city manager
FROMr Jerry Clark, Director of Engineering 6 Transportation
SUBJECTr Proposed purchase of 200 acre tract on Teasley Lane
The following scenario details our estimates for the costs of public
improvements that a private developer would inour. our information is
presented without any analysis of the internal infrastructure that a private
d
evelopment would require. We feel that each item covers major facilities that
would be
improvements • r diainfrastructurei needse to~bet caloul tedentire o mcost for ore public
analyze this tract.
Gross Acreage
Floodplain 200 acres
Net useable acreage 2330 0 acres
scree
Public Improvements
1. Street R-O-W (A) Teasley Lane - 0.6 acres
(B) Hobson Lane 1.7 acres
(C) Mission St. - 9.1 acres
TOTAL 3.0 acres 19,500.00
2, sidewalk 7,200 LF x $25 SY
20,000.00
3. Drainage 30 ac, retention pond
65,000 CY x $2 CY 130,000.00
Clay liner for pond
1!4,000 CY x $2 CY 30,000.00
500 LF 72" R.C.P. x $130 LF 65,000,00
4. Hobson Lane Paving
2,500 LF x $50 FT 125,000.00
5. Hobson Lane Bridge
1/2 of cost 60,000.00
TOTAL ESTIMATED COST OF IMPROVEM.°NTS
449,500,00
Pleuse advise if this prelimary information is adequate at this time.
Jerry C a R r W cinaon
f)' 6ctor of Engineering & Transp R ht-of-Way Agent
AEE000PS
8171566.8200 DIPW METRO 434.2529
1)~r
Hatfield Crookless Architects, Inc. Architecture
Master Planning
Space Planning +Interbrs
In Assoclatlon with Lawrence E. Hans, P.E., .....................Swimming Pool Consultant
HANDOUT GIVEN TO COUNCIL
AT MEETING OF 4-7-92
Review of Planning Options
Renovation of
TCenter
all
I Swimming Poo!
Department of Parks and Recreation
City of Denton Texas
Lloyd V. Harrell CftyManager
Betty McKean Exocullve Director for Municipal Services
and Economic Development
Steve Brinkman Director of Parks and Recreation
Janet Simpson Park Planning Coordlnator
Department of Parks and Recreation
Administrative Offices
Denton Civic Center
216 E. McKinney
Denton, Texas 76201
817/666.8506 Metro: 214/434-2629
City of Denton P. 0, #23244
HCA Project Number 92037 April 7, 1992
Norman P, Helneld Jo, AIA HstNeld Crookless Architects, Inc,
Chrlstlsn H. Crook*;*. AIA 7616 Greenville Avenue Soli ~1e 6o1o9 (pp la , Texa 7623)
li
j
Inc. Architecture
Hatfield Crooktess Architects, Master Planning
Space Planning + Interiors
Swimming Pool Consultant
Page 1
in Aasoclatfon wlih Lawrence E. Meng` P•
April 7, J992
Community Center Swimming Pool
City of Denton Department of Parks and Recreation Penton TX
ANALYSIS: CIVIC CENTER POOL,
statistical Analysis of the Present Swimming Pool Facility and Its Construction.
gpprox. 331,535 Gallons
1 Pool Capacity 739 GPM
2, Filter Capacity (Original):
Filtration Rate, Between 6 to 7,13 Hour turn over rate
3. Existing 588 linear Feet
4. Pool Perlmeter at Gutter: 101385 Sq Ft.
5, Pool Surface Area,. etitlve
of Depths (Existing):2'-0" minim to 3'•0" at South end of Comp
8' Po Lanes. Max depth 0110"0" at the drain depth. and
7, Recommendation for Filtration Water Quality: jr Zero turn "D opt over. 2 swimming hour is
pool
Recreational Swimming at 2 to 4 horadical f
recognized as "extreme and may wnot be ater enerallyra~Ptableotr5
_ i to
and 4 hour turn around of the water Is generally
3 P 5
C (3825 fl M
~~D"_
g, Area Analysts, (45') B (woo 1) ~
Laisuramecreational use "Pen on 96,) (1480 A
Compethive swimming, 26 Doep (1480 $0 E 10-D op @ Dr.
DlvingrDeop water; 200 sNperion (37') A (37') (3 1
(40)
(401
9, Existing Pool occupancy'.
SF sflSwmr # of Swms. SF/S LEISURE U E
Area: EXISTING US, 98 15 98
A 11480 15 72 15 120
A 1,800 25 15 255
25 153 25 72
C 31825 25 72 59
D 1,800 7 25
1:480 200
..,402 lal of revenue production.
TOTAL- OCCUPANTS:: lent
'Nei DNference; 202 occupants more as a Leisure Pool; therefore, more Po
Hat1jeld3 crook $ s Dallas, l108as'7623t
Sulle 10 L" -
7616 arawilllo Avenue 2141383 0100 (FAX: 214+3830143)
Normin P. Hstn*i, , Jr., PIA
Chrislir+n H. Creokisss, AIA
>s
~I
Hatfield Crookless Architects, Inc. Architecture
Master Planning
Space Planning + Interiors
in Association with Lawrence E. Hans, P.E Swimming Pool Consultant
Page 2
April 7, 1992
Community Center Swimming Pool
City of Denton Department of Parks and necreaiion
ANALYSIS: CIVIC CENSER POOL, Denton 7X
Renovation Summary of Work Required for Existing Pool to Comply With Current
Standards and Codes:
1. Existing depth at South end of Competitive (50m) lanes = 3'-0". To meet
standards, the pool coping and surroundings will have to be raised
minimum of 12" (1'-0") to satisfy the 41-0" minir rum depth at turn around for
competitive swimming.
Cost to raise pool depth to 4'-0": 550 It @ $275/If est= $151,250
2. To meet water purity standards at a minimum of 4 hour water turn around
will need to be achieved. With the existing floor distribution piping system,
this cannot be achieved without "doubling" the in-floor piping sizes.
Not Attainable
3. Resurfacing costs for the existing pool floor and wall surfaces:
Cost: est 12,500 sf surface @ $6.00/sf = $75,000
4. Replace decks and drainage associated with Item number 1 above. The
following line item costs are budgeted In the ultimate pool development.
Cool deck $12,000
Replace existing pool decks: 30,000
New pool deck drainage system: 12,000
Expansion joints in new pool deck system: 2,550
Pool depth marker graphics: 9,000
New decks 30,000
Perimeter deck,dralns: 44,000
Total Cost Decks and Drainage: $1399550
5. Upgrade to automated chemical control and monitoring system.
Cost to upgrade: $350000
6, Increase diving pool depth to minimum of 12'-0" at 1 meter diving board and
maintain pool bottom depth requirements: Not Attainable
(Note; diving should conform to depth standards. 0 not In compliance, the city of Denton is opening
itself up to possible liability, With diving eliminated, public appeal as a recreational pool will be
reduced.)
Norman P. Hainold Jr., AIA Hallisld Crooktaas A►ohilsots, Inc,
Chrisllan H. Cr00~Issa, AIA 7515 (Greenville Avenue SuIte310 L"10 Dallas, Texas 76231
21413039100 (l=Ak 21413&30143)
Pse a„>
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Hatfield Crookless Architects, Inc. Architecture
Matter Planning
Space Planning + Interiors
In Assoclatlon with Lawrence E. Hans, P.E., Swimming Pool Consultant
page 3
7. Competitive pool Is presently only six (6) lanes wide, Eight (8) lanes are
recommended for conducting competitive meets. The cost to increase the
number of pool lanes would be prohibitive; therefore, Not Attainable
......////w//ww////w/w//ww/ww/wn//,.I.w/////
w/////w///w////w/ww/w Iww....n/////w w /
8. TOTAL COST WHERE ATTAINABLE: $400,800
CONCL431ONS:
t. Three of the major concern Items needed for competitive swimming (le.
Filtration, Diving Depth, and Number of Lanes) are not attainable or are not
practical propositions.
2. The budget commitment of $400,800 does not add participant occupancy to
the pool; therefore, the added cost cannot be offset by additional revenue
production.
3. In the opinion of the Architect and Pool Consultant, remodeling the pool for
continuing the present usage as a competitive pool is NOT a "Doable
Proposition" and a possible phased development change from competition
to leisure usage of the pool should be considered for the long term use of
the pool faclllty.
J
Normen P. Pallleld, Jr., AIA Half ald CrooNleie Arohlteala, Ino.
Chiletlen H. Crooklsea, AIA 76160reonvillsAwnue Su2IU363.01DO (FAX 2~4o13M010)
Hatfield Crookless Architects, Inc. Architecture
Master Planning
Space Planning + Interiors
In Association with Lawrence E. Bans, P.E., Swimming Pool Consultant
Page 4
April 7, 1992
Community Center Swimming Pool
City of Denton Department of Parks and Recreation
PHASED, ULTIMATE DEVELOPMENT:
CIVIC CENTER POOL, Denton TX
Itemized Development Costs (estimated). Phases and costs are accummulative:
PHASE ONE - POOL REPAIRS
1. Patch existing the band at gutter (allowance) $3,000
2. New 25 horse power, vertical pump: 81000
3. Enlarge Pump chase for new pump: 5,000
4. Patch exlstlny plaster pool wails: 1000 sf @ $3.00/sf surface: 3,000
6. Paint and dress up pool interior surfaces (walls and floor)
12,600 sf surface area @ $3.00/sf surface: 37,600
6. Deck repairs. Assume 1/4th of the deck area to be replaced:
5,500/4 @ $5.00/sf = 6,875
7. Pool equipment allowance (Initial): 61000
8. Pool and deck furniture (FF&E) Allowance: 10,000
9. Overhead pool lighting allowance: ($14,000 + 17,000) 31,000
10. Bath House Improvements allowance: 30,000
11. "Cool Deck" surface coating: 6,000 sf surface @ $2.00/sf = 12,000
12. Replace existing pool decks: 61000 sf surface @ $5.00/sf = 30,000
13. New surface drainage at decks: 6,000 lin. ft. @ $20.00/IIn ft 12,000
14, Deck expansion joint dressing: 850 Iin ft @ $3.00/lin ft = 21550
16. Pool depth markers/cerami, the graphic Inserts:
30 ceramic tile depth marker Inserts @ $300/insert = 91000
16. New shallow end pool hand rails: allowance for 3 rails = 31600
17. New shaded seating area/Sun shelter #1: 400 sf @ $65.00/sf = 26,000
18. New Underwater dry nl,.,he lighting in dry areaway with m/v lights
and pool window: 2 units complete Incl oleo. @ $6,000 a 12,000
19. Parking: 60 spaces at $800/space = 400000
20 New filtration system (Tank replacement) allowance 70,000
21. Upgrade to automated water treatment chemical system and
automatic water quality monitoring wlth digital aiarrns: 40,000
22. Landscaping and Irrigation allowance d 30,000
23. SUB TOTAL (lines 1 thru 22) $426,425
Construction (line 23) $426,425
Contingencles (-4%) 171775
Planning Fees 48,800
QWer Expenses (Allowrno) 7.000
Total . Phase One $500,000
Normrn P. 1-11e141d, Jr., AIA Na11IsId Crooklaeo Archlleole, Ino,
Chrlatlan N. Crookieee, AIA 76160roenvi1loA%*oije 9u11a=1.8.619 Dallas, Texas 76231
21063-9100 (FAX; 214Y363-0143)
Hatfield Crookless Architects, Inc. Architecture
Master Planning
in Association with Lawrence E. Hans, P.E., Space Planning+Interiors
As Swimming Pool Consultant
~ PdaA 6
PHASE TWO - LEISURE POOL DEVELOPMENT
24. New Parking: 60 spaces (total 110 sp) @ $600/space = 48,000
25, Additional concrete pool decking area: 6,000 at @ $6,00/sf 30,000
26. New under floor pool recirculation system:
10,000 at floor area @ $4.60/sf - 45,000
27. New pool floor to "Lelsure/Zero Depth Configuration":
Perimeter Water proofing: 550 If @ $10,00/sf +
Pool flooring: 100000 sf @ $6.00/sf +
Expansion and control joints: 650 Iin ft, @ $10.00/lln ft d 67,600
28, New concrete pool separation bulk head design:
6' wide x 46' length x 5' to 4' height = 270 at Cis $50.00/sf = 13,500
29. Relocation of existing flume slide allowance: 12,000
30. Now surge tank and flume reservolr for 2 slide capacity allow = 26,000
31. Enlarge pool pump area for 2 new pumps w 15,000
32• Patch existing pool walls at removed underwater lights: 21 units • 6,300
33, Additional "Zero Depth Pool Area": 20'x 26' = 600 at @ $46/sf = 22,600
34, Initial "Zero Depth" Plan and Water features: I unit
I unit 35, Re isedta additional perimeter drainn and over ffllowlgutte0r:= 50,000
j 660 Iin ft @ $80/IIn ft = 44,000
J 36. Safety cushion pool floor covering (Safety Pad)
40'x 36' in 1,400 at + 40'x 40' =1,600 at = 31000 at @ $6,001sf = 18,000
37, Upgrade pool electrical service to accommodate new
electrical requirements allowance = 10,000
36, Expand Filtration System allowance = 40,000
• •....................................................................................F........................•
39. SUB TOTAL (tines t thru 38) 873,225
Construction (lines f thru 38) $873,225 (Line total 24.36 only; $446,800)
Contingencies (-4%) 34$076
Planning Fees 82,700
Owner -ire ses Rowan,- 10.000,
Total - Phase One + Two
Aooumulatl>re: $100000000
PHASE THREE - ULTIMATE DEVELOPMENT
40. New Bath House/Control/Rest Room Building with Concessions:
Bath House: 3,600 at @ $60,00/sf +
Concessions: 900 at @ $60,00/sf a $264,000
41, Concession Equipment (FF&E/Appllances, etc) allowance= 10,000
42, Demolition of Existing Bath House and removal:
1,300 at @ $4,001sf m 6,200
43, Shaded Seating/Sun Shelter #2: 400 at @ $66.00/sf - 26,000
44, New Flume Slide (Large): 150 lin R @ $6001I1n ft of flume c 76,000
Norman P, attleld, Jr„ A atrial Crookloae Arohlteole, Ina,
chriolon H, Crookleea, AIA 7616 aroenviUeAvenuo Sulle310 L8-619 DeIIaS, oxac 76231
2141363.9100 (FAX; 214/30-0143)
f3
a.
Hatfield Crookless Architects, Inc. Architecture
Master Planning
Space Planning + Interiors
In Association with Lawrence E. Hans, P.E., Swimming Pool Consultant
Page 8
45, Additional "Zero Depth" Water Play Feature; 1 unit Q $30,000 a 30,000
46, New Competitive Pool;
26 meters (82') x 8 lanes (601) wide, 2 one meter diving
boards, minimum competitive depth of 4' to maximum depth
at drain/diving at 121•611, Independent filtration system,
spectator seating, pool and deck equipment, perlmeter
security fencing, and service drive (Note, The new
concession, Bath House and Control building will be
designed to serve as the shared Control and Bath House
functions with the Leisure Pool.
Allowance for the complete competitive pool development 600,000
47. Site Utilities oxtenslons and upgraded service allowance = 25,000
48. Landscape and Irrigation Allowance for new development = 80,000
49. Total Construction Cost (lines 1 thru 48) $1,9889425
Construction (line 49) $1,988,425 (Line total 4048 only; $1,373,070)
Contingencies (-30/*) 68,943
Planning Fees 184,327
Owner xpenses p(Allowance) 15.5 Total Phase One, Two,
and Three Accumulative: $202470195
1
Norman P. Hatfield, Jr„ AI Hatfield Cro4lass Arohiteals, Inc,
Christian H, Mocklesa, AA 7616 Greenville Avenue Solle 3101.$-610 nalfae, Texas 76231
2141383.9100 (FAX; 2141363.0143)
F
t
HANDOUT GIVEN TO COUNCIL
AT MEETING OF 4-7.92 Minutes of the Special Meeting of
the Parks and Recreation Advisory Board1 G!
500pm, Thursday, April 2, 1992
Denton Senior Center
Members presents TomtJuddTeVice,Chairmann
Cathurine Bell
Staff pr.esenti Steve Brinkman, Director of Parks and Recreation
Bob Tickner, Superintendent of Parks
Alicia Mentell, Superintendent of. Leisure Services
Janet Simpson, Park Planning Coordinator
Joy Hesch, Administrative Secretary
Guest presents Norm Hatfield, Hatfield Crookless Architects, Inc.
The special meeting of the Park Board was called to discuss the
schedule and finalize strategies for the various neighborhood
meetings as well as consider a recommendation for the repair and
renovation of the Civic Center Pool.
The meeting was called to order by Dalton Gregory.
The first topic discussed was the neighborhood meetings. Steve
said a list of the dates, times, and locations of the meetings had
been provided for the Board members. He asked each to study the
schedule and then let the department know which meeting they could
attend. Steve advised there had been a change in the schedule of
the meeting with the School Board, it had been re-scheduled for
Friday, April 10, at 11am.
Steve said that at the joint session of the city council and the
Park Board, Council directed the Board and staff to make a
recommendation regarding the repair and renovation of the Civic
Center Pool. An amount of $500,000 would be available from the
$2.7 million which had been approved in the 1986 bond issue for the
pool renovation. Steve said the department would request a
matching grant from Texas Parks and Wil("{ .fo which would make $1
20h25 $1million
million shaperenovation.
to o last o for another said
would got the pool in
Norm Hatfield presented an analysis that he, in association with
Lawrence Hans, swimming pool consultant, had made of the Civic
Center Pool They had concluded that remodeling the pool for it to
continue as a competitive pool is not a "doable" proposition, They
recommended considering a phased development change from
competition to leisure usage. The pool would be reconfigured into
a facility similar to the one at Wet n' Wild which is a zero-depth
pool. In his analysis, he had itemized the estimated costs of the
standards and codes which would t total approximately $500,000 work required for current
c 'It
I;
1'.
F
r
,i
Parks and Recreation Advisory Board Meeting
April 2, 1992
Page - 2
After much discussion, Dalton and Catherine said they were in favor
of the proposal for the renovation of the Civic Center Pool using
the $500,000 from the $2.7 million approved in the 1986 bond issue,
Tom Judd said he felt the pool needed to be repaired but could not
agree with the use of bond money for the renovation. It was his
opinion the bond money should be used for what it was intended.
Dalton suggested the two absent members, Burkley Harkless and Nnta
Stallings, be formally polled for their opinions. Steve said this
would be done.
The meeting was then adjourned.
On Monday, April 6, 19920 Neta Stallings and Burkley Harkless were
provided with the information regarding the proposal for the
renovation of the Civic Center Pool. Each was asked to study the
documents and then to call staff with their recommendation.
On Tuesday, April 7, Neta called to voice her approval of the
proposal to use bond money for the renovation of the Civio Center
Pool.
It
HANDOUT GIVEN TO COUNCIL
AT MEETING OF 4-7-92
CITIZEN CALLS RECEIVED
CONCERNING FRY ST, FAIR AT THE FAIRGROUNDS
OPPOSED
Gene Truss
Eldora Ausband
Garland Thornton
Pam Easteys
Mrs, Blankenmeyer
Mildred Miller
Sheila Sanders
Dee Knight
Mrs, Warner
Ralph Roe
June Shelton
Pam Montgomery
Laddis Mulkey
Sandra Knox
Ellen Banam
Mrs, Allen
Dick Yates
These complaints were received in the City Manager's office on
Monday and Tuesday, April 6 and 71 regarding the Fry Street Fair at
the North Texas State Fairgrounds, These citizens live near the
Fairgrounds and were not in favor of the event being held there.
The concerns listed were too much alcohol consumption, noise,
litter, public intoxication, indecency, bad for the neighborhood
with churches, elderly and nursing homes, parking problems, and
security problems.
All of these citizens were informed of the extra conditions that
the Delta Lodge was doing to address the concerns of the
neighborhood,
.i
E
1
i'
CITIZEN CALLS RECEIVED
CONCERNING FRY ST. FAIR AT THE FAIRGROUNDS
IN FAVOR
Kimberly Olson
Andrew DeVrieB
Gary Rich
Scott Lawrence
Kelly Kitchins
Steve !no lass, name given)
Keith McClinchie
Tracy Bowen
Christian Painter
Charles D. Tisdale, Jr.
Laura Henry
Maria Hanley
Tyson Wright
Brian Neubling
Mike Buchanan
Nathan Castaneda
Radius Muntu
Brook Missall
Chris Fresso
Paul B. Card
Heather Scrivner
Shatthon Golden
Michael Brown
Shane Tidmore
t
s;
Jen Riggs
John O'Donohoe
Matt Riley
Raymond Weaver
William Halter
Meg Wilson
Sam Toulouse
John Oliphant
Geraud Martin
Ron Rogers
Randy Sullivan
Jessica Martens
Jennifer Boucher
David Weaver
Corda Shonerd
These citizens called on Tuesday, April 7, to express their support
of the Fry Street Fair being held at the Fairgrounds on Sunday,
April 12. Reasons stated in support include that this provision of
the noise ordinance has not been enforced on any other events, that
it attracts 81000 people to Denton, students support Denton
businesses, and the Delta Lodge has made many provisions to ensure
that there are not the same problems as two years ago.
HANDOUT GIVEN TO COUNCIL
Planning Optlans AT MEETING OF 4-7-92
City of Denton
Department of Parks and Reaestlon
Option A - North Loom cormjjn ty center Eversion & Netstartum
- c. mo Center Pool Renovations
ffq1p'jjo 0 ~Ia lv lo Cpntar
$2,700,040 P8R
RenovoN c -n
Lakto $1,000,000 NSD
RI ,00C(0v 100 otlon.t $ 50Q,Q00 Gront EAt SF
At V,
EE*t: ~ I14 koo•• $4, 200, 000
1l, Aron I
pftw /1
0 4 M CwfM SIMOaD /yr. Told g ~p T10 SF
Now RoyKw« 110,000 /yr. Totto 224 Sgm
Option B - North hies co w u'tfty cantar Evwetort t-r pwaationf
- 0* (,enter Poe FierlowS60M
North enter ty,
Lakes ilxpwW n v ReCnovo~
12,000, '32,7000000 P&R
in 400 w 109 so « 100 atlon, Dint $ 500,000 Grant
I I
t. l Ib~epoo SFw 1 a* $9,200,000
;i °o~al°F~ur~ppn`pppippppppevocw ~'',`ui;"'.'~'
Nt~.w Ro~wnu.WL~okwe11iN11o~,a00
Optlon G- Two New rJietrlot cenwe
6BO
TW 1 comer
I I
tw Wj000 Ora L ! 1, 50,000 ft, La*
mh0 $2,700,000
Hotfield Crookless Architects, Inc,
7516 G,rw?~ , Z31'm' Suite a10 April 7' toa2
pt~~! 19x991
HANDOUT GIVEN TO COUNCIL
April 7, 1,992 AT MEETING OF 4-7-92
Revised
SCHEDULE FOR IMPLEMENTATTON OF 1986 BOND PROGRAM
March 23, 1992 Dalton Gregory meets with 91 Committee to
consider implementation of 1986 bond funds.
March 23, 1992 Park Board meeting.
March 24, 1992 Joint Session of Park Board and City Council to
consider recommendations on implementation
options.
April 2, 1992 Park Board meeting to discuss final strategy
for neighborhood meetings.
April 7, 1992 City Council Meeting.
April 8-16, 1992 Hold five Neighborhood meetings to receive
citizen input on development options.
Dates: Wednesday, April. 8, 1100 a.m.-
Denton Senior Center
Thursday, April 9, 7:00 p.m.-
Trinity United Methodist Church
Monday, April 13, 7:00 p.m.-
Lee Elementary School
Tuesday, April 14, 7:00 p.m.-
Wilson Elementary School.
Wednesday, April 15, 7s00 p.m.-
North Lakes Recreation Center
Thursday, April 16, 7:00 p.m.-
Rayzor Elementary School
April 10, 1992 DIED briefing 11:30 a.m.
April 20, 1992 Park Board meeting to consider input, from f
neighborhood meetings.
April 211 1992 Park Board report to Council.
April 22, 1992 Planning and Zoning (executive session and open
session)
May 5, 1992 City Council Public Hearing.
May 11-150 1992 Tentative date for DISD Axiefing.
May 19, 1992 City Council considers formal resolution on
implementation of bond funds.
AJL70022B f