HomeMy WebLinkAbout04-06-1993
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CITY COUNCIL AGENDA PACKET
` APRIL 6, 1993
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AGENDA
CITY OF DENTON CITY COUNCIL
April 6, 1991
Work Session of the City of Denton City Council on Tuesday, April
6, 1993 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E.
McKinney, Denton, Texas at which the following items will be
considered:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular session,
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5:15 p.m.
1. Executivc; Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Consider action in Goldfields' claim.
2. Discuss settlement in 1Lunter vs. City of Denton.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
1. Consider acquisition of an option to purchase land
near Foster Road.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
1 2. Receive a report and hold a discussion regarding alternative
methods to appoint members to the city's boards and
commissions and give staff direction.
3. Receive a report and hold a discussion regarding jurisdiction
of juveniles charged with Penal Code and other State statute
offenses.
Regular Meeting of the City of Denton City Council on Tuesday,
April 6, 1993 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 a.m.
1. Pledge of Allegiance
2. Consider approval of the minutes of the Regular Session of
March 16, 1993 and the Special Call Session of March 23, 1993.
' 3. Receive a report from Jeff Carey regarding the Hydrofest
Project.
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AwdsNo _ 93 -ail 1
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Date ~1 G - 93
City of Denton City Council Agenda 7
April 6, 1993 v
Page 2
4. Citizen Reports
A. Receive a report from Doug Boydston regarding City
expenditures to help repeal Civil Service in
Stephenville.
B. Receive a report from Ken Gold regarding City
expenditures to help repeal civil Service in
Stephenville.
C. Receive a report from Barbara Coe regarding City action
to close the Heartfelt Humane Society.
D. Receive a report from Willard Simpson regarding various
problems with the City.
E. Receive a report from Paul Belokin regarding traffic
patterns on I-35 service roads.
5. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance amending the detailed plan in Planned
D
floor evelopment 1144 for the purpose of increasing the gross
square ar feet, building one n the from 3500
building uafootprints 4800
amending the landscaping plan on a 1.63 acre tract
J located on the east side of Bonnie Brae, approximately j
800 feet south of University Drive. Z92-031 (The
Planning and Zoning Commission unanimously recommends
approval).
B. Hold a public hearing and consider adoption of an
ordinance approving the rezoning of, and a detailed plan
for a .758 acre tract from the Single Family -7 district
to the Planned Development district on property located
a
the purpose t the northwest corner of Collins and Welch Streets for
Planning and fZoningtCommissin tiune imu~sly 3recommends 11
approval.)
C. Hold a public hearing and consider adoption of an
ordinance with regard to the annexation of 3.85 acres
located east of 1-35 and south of Milam Road. (A-61)
(The Planning and Zoning commission recommends approval.)
Agenda No 93 0
Agenda Ilent
City of Denton City Council Agenda
April 6, 1993 D
Page 3
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6. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authcrizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations.
j 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 7.A,
7•B, 7.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. Upon the receipt of a "request to speak" form
from a citizen regarding an item on the Consent Agenda, the item
shall be removed and be considered before approval of the Consent
Agenda.
A. Bids and Purchase Orders:
1. Bid 01464 - Water Meters
2. Bid 11470 - Padmounted Switchgear
3. Bid 01478 - Utility Truck Bodies
4. Bid #1482 - Utility Tractor
5. P.O. 033224 - Deloitte & Touche
6. RFP 19970 - Architectural/Engineering services for i
the design and construction of a public library
B. Plats and Replats
1. Consider approval of the preliminary plat of Lot
8R, Block 3, Wattam Addition, being a replat of the
eastern half of Lot 7, and all of Lot 6, a 0.758
acre tract located at the northwest corner of
Collins and Welch S*••sets. (The Planning and
Zoning Commission unanimously recommends approval.)
C. Tax Refunds
1. Avanti Health Systems - $514.88
2. Hanna Khraish - $5,558.22
3. Hanna Khraish - $1,024.56
4. Moore Business Forms - $2,691.26
5. Dentex Title Co., Inc./ George P. Kolb, Jr. -
$969.93
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Agvda! t
City of Denton city council Agenda 7
April 6, 1993
Page 4
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i 7. Ordinances
A. Consider adoption of an ordinance accepting competitive
` bids and awarding a contract for purchase of materials,
i! equipment, supplies or services. (6.A.1. - Bid ,1464,
6.A.2. - Bid 11470, 6.A.3. - Bid ,/1478, 6.A.4. - Bid
11482)
B. Consider adoption of an ordinance
providing for the
expenditure of funds for purchases of professional
services in accordance with the provisions of state law
exempting su:h purchases from requirements of competitive
bids. (6.A.5. -P.O. 133224)
C. Consider adoption of an ordinance authorizing the Mayor
j to execute an agreement with Hidell Architects for
professional architectural services relating to the
! design of the branch library for the City of Denton.
(6.A.6. - RFP 19970)
D. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
Coopera & Lybrand for personal and professional services
related to the City's employee health insurance program.
E. Consider adoption of an ordinance accepting the
dedication from Rayzor Investments, Ltd, of a certain
lot, tract, or parcel of land situated in the Eugene
Puchalski Survey A-996 and the J. Ferry Survey A-1040
Denton County, Texas and containing a total of 6.1496
acres of land, for street and utility purposes.
F. Consider adoption of an ordinance amending Chapter 13
Food dnd Food Services Establishments" of the Code of
Ordinances of the City of Denton, Texas; prescribing
rules on food service sanitation; providing definitions;
requiring permits for the operation of food service
establishments and food stores; providing for inspection
! of such establishments; providing for incorporation by
reference ~f the Texas Department of Health, Division of
Food and Urugs fiRules on Food service sanitation" and
"Rules on Retail Food Store Sanitation"; and providing
for regulation of food handlers and of mobile food units.
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Agenda It ~ I
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City of Denton City Council Agenda
April 6, 1993U;q
Page 5
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G. Consider adoption of an ordinance amending Article II of
Chapter 28 of the Code of Ordinances of the City of
Denton, Texas ("Building Code") to provide for adoption {
of the Uniform Building Code, 1991 Edition; provide for 1
amendments and deletions to the Uniform Building Code,
1991 edition; and repealing all ordinances in conflict
herewith. (The Building Code Board recommends approval.)
H. Consider adoption of an ordinance amending Article III of
li Chapter 28 of the Code of ordinances of the City of
Denton, Texas ("Electrical Code") to provide for adoption
of the National Electrical Code, 1993 edition; to provide
for an amendment to minimum standards of work; providing
for an amendment to inspection fees to allow for
reinsiection fees and after normal working hours
inspection fees; and repealing all ordinances in conflict
herewith. (The Electrical Code Board recommends
adoption.)
I. Consider adoption of an ordinance authorizing the Mayor
to execute a successive option agreement with Roger C.
Sullivan and Roger C. Sullivan Company, a Texas
Corporation for the purchase of 134.6 acres of land for
future expansion of the City of Denton landfill.
J. Consider adoption of an ordinance approving settlement in
X iaht v City of Denton.
J S. Resolutions
A. consider approval of a resolution endorsing the
renovation plan of the Greater Denton Arts Council for
the Campus Theater.
B. Consider approval of a resolution regarding the support
of the Texas Hydrofest.
C. Consider approval of a resolution temporarily closing
Congress Street between Alice Street and Denton Street on
Friday, May 14, 1993.
D. Consider approval of a resolution relating to the
issuance of obligations by the North Texas Higher
Education Authority, Inc.; approving the issuance of such
obligations and the use of the proceeds of such
obligations; and making certain findings in connection
therewith.
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Agenda *L - 1
Apri
City of Denton City Council Agenda Date.
April 6, 1993 G 7
Page 6
i E. Consider a
! Council meetingaof AprilE201u19g3 tos Apl pr°iin27the regular
I providing for an effective date.
1993, and
I I 4. Consider an appointment to the Board of Directors of the Upper
Trinity Regional Water District.
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10. Consider an appointment to the Human Services committee.
I 11. Miscellaneous matters from the City Manager.
I A. Update on the Fry Street Fair.
B. Presentation concerning the Vision for Denton - 21st
Century.
12• Official Action on Executive session items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
13- New Business
This item provides a section for Council Members to suggest
items for future agendas. ggest
14. Executive Session:
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 Sec. 2(g), Art.
6252-17 V.A.T.S.
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
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ApenddlwL
City of Denton City Council Agenda 7 1
April 6, 1993
Page 7
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C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of
(p.m.) 1 j3 at o'clock (a.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
,.000RDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF RLQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S 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.
ACCOOUFB
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CITY COUNCIL REPORT we ` 6AX
TO: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
DATE: April 6, 1993
SUBJECT: City Council Board Appointment Proces3
After the direction given at the March 23 City Council work
session, staff has attempted to outline a framework for the
Council's board appointment process.
Included in this information is a timeline indicating dates for
activities this year and in future years to c,,cur, an application
form, an explanation of the process, and broad policy guidelines
for the City Council to discuss.
For other appointments to non-City boards, including Denco 911,
North Texas Higher Education Authority, Upper Trinity Regional
Water District, the City Council may want to utilize a similar
assignment process. The Denton Housing Authority „yard, appointed
by the Mayor, and the Civil Service Commission, appointed by the
City Manager, have been omitted from this procese. TMPA has also
not been included because the City Council makes only two
appointments.
Staff awaits further direction from the City Council regarding this
subject. Please let me know if I can provid.+ additional
information.
RESPECT ULLY SUBMITTED,
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Lloyd V. Harrell
City Manager
Prepared by:
Catherine E. Tuc
Administrative Assistant
Attachments
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DRAFT
CITY OF DENTON AQ#X#No -e / /
CITY COUNCIL BOARD APPOINTMENT PROCEBB
I1QQn081fERL-&~15-
POLICY STATEMErjT_t
111*4
Individual City Council Members making nominations to citizen
boards and commissions will consider interested persons on a
citywide basis.
- The City Council will make an effort to be inclusive of all
segments of the community in the board and commission appoint
process. City Council Members will consider ethnicity, gender,
socio-economic levels, and other factors to ensure diverse
representation of Denton citizens.
The City Council will taka into consideration an individual's
i qualifications, willingness to serve, and application information
in selecting nominations for each board and commission.
In an effort to Insure maximum citizen participation, City Council
Members will continue the general practice of nominating new
citizens to replace board members who have served six consecutive
years on the same board, unless there are compel.ing reasons to
retain members longer.
Each City Council Member will be responsible for making nominations
r for his/her assigned board and commission places, corresponding to
the city council Member's place. Individual City Council Members
will make nominations to the full City council for the governing
body's approval or disapproval.
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The City Council will each draw a lot to determine which City
Council Member's place will begin the assignment process. The City
Council Member who draws the lowest number will have his/her place
matched to the first citizen board, beginning in alphabetical order
by board and by current citizen serving on that board.
All boards and commissions will follow in alphabetical order with
current board members placed in alphabetical order within boards.
City Council Members will be assigned corresponding board members
in numerical order of City council place following the City Council
Member who has drawn the lowest number.
Boards and commissions th.it do not have seven members will continue
to bp assigned in numerical order of the next City Council Members
place. Therefore, City Council Members may not have an appointment
on some boards, but will have more than one appointment on other
boards.
' This system will remain in place after the first yea
in order to remain consistent and equitable over timer of the lot
~pea0~ ko. 9,3 0 _
EXAMPLEi Council Member Place 3 draws the lowest number.
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Board A 1
City Council Place 3 Mr. Adams
City Council Place 4 Ms. Barnes
City Council Place 5 Ms. Davidson
City Council Place 6 Mr. Jones
' City Council Place 7 Mr. Mathers
City Council Place 1 Ms. O'Malley
City Council Place 2 Ms. Williamson
0
Board B
City Council Place 3 Mr. Anderson
City Council Place 4 Mo. Burbank
city council Place 5 Ms. Daniels
City Council Place 6 Mr. Jackson
City Council Place 7 Mr. Mahoney
Board C
City Council Place 1 Mr. Albright
City Council Place 2 Ms. Bainbridge
City Council Place 3 Ms. Durbin
City Council Place 4 Mr. Jefferson
City Council Place 5 Mr. Melton
City Council Place 6 Ms. O'Brian
City Council Place 7 Ms. Parker
City Council Place 1 Ms. Simpson
City Council Place 2 Ms. Thompson
aQentlaNo __ell
AOentlaifer~. pus a
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PROPOSED TIMELINE
an
ACTION
Week of April 19 Letter from city Secretary to current
board members with expiring term with
application
Week of April 19
Advertising in Denton Record-
Chronicle
Week of May 10
Briefing for prospective board
members with City Council members and
staff liaison presentations
May 14 Deadline for board applications
May 18 Board/commission
forwarded to City Councilf Information
June 15
Board/Commission appointment
nomiouncniatilons by individual City
C
members
in regular session
June 22 Finalize
Board/Commission
appointments !
Late June if necessary)
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Letters sent to new appointments,
reappointments, thank you to retiring
board/commission members
July
Board/Commission Reception
APPda No _ 4?5 - D//
AgWaitsk
Date
CITY OF DENTON
APPLICATION FOR BOARDS/COMMISSIONS
NAME: DATE:
ADDRESS: ZIP:
HOME PHONE: BUS. PHONE
OCCUPATION: (If retired, indicate former occupation or profession)
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rHAVE U PRIOR SERVICE ON A CITY BOARD/COMMISSION?
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PLEASE DESCRIBE:
PROFESSIONAL AND/OR COMMUNITY ACTIVITIES:
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LIST QUALIFICATIONS YOU FEEL MAKE YOU A GOOD CANDIDATE FOR THIS
POSITION:
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PLEASE NUMBER IN ORDER OF PREFERENCE THE BOARD/COMMISSION YOU ARE
INTERESTED IN SERVING:
Airport Advisory Board Historic Landmark Commission
Board of Adjustment Human Services Committee
Building Code Board Keep Denton Beautiful Board
Cable TV Board Library Board
Citizens Traffic Parks and Recreation Board
Community Development Planning and Zoning
Data Processing Board Plumbing and Mechanical Code
Downtown Advisory eublic Utilities Board
Electrical Code Board Sign Board of Appeals
RETURN COMPLETED APPLICATION TO: Office of the City Secretary
City of Denton
215.E. McKinney
60F9 Denton, Texas 76201
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OFFICE OF THE MUNICIPAL JUDGE
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: SANDRA H. WHITE, MUNICIPAL JUDGE
SUBJECT: Jurisdiction of Juvenile Offenders, Ages 10 to 16
COmmitti
n Class C
9 Misdemeanors Other Than Traffic
Offenses
` DATE: March 26, 1993
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This memorandum is written to highlight a recent problem which
has surfaced concerning whether the Municipal Court should
exercise jurisdiction over juvenile offenders, ages 10 to 16, who
are to be charged with Class C Misdemeanors other than traffic
offenses. Council direction is requested.
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Before discussing the current problem, let me first discuss the
prior decisions which were taken concerning this matter. In
October 1991, legislation went into effect which gave Municipal
Courts jurisdiction over juveniles, ages 10 to 16, for all
offenses except Public Intoxication. In 1987, Municipal Courts
were given jurisdiction over juveniles, ages 10 to 16, for all
offenses, and in 1989, the Legislature returned jurisdiction back
to the County Courts. In 1987 and 1988, we handled these
juvenile cases until the 1989 legislation went into effect. li
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In November 1991, you were briefed on House Bill 944 which gave
Municipal Courts the right to exercise jurisdiction over
juveniles. In a memorandum from Harlan Jefferson to Lloyd
Harrell, dated October 19, 1991 (attached as Exhibit A), you were
advised that based on the wording of the legislation, our legal
department as w(.1 as myself took the position that we did not i
have to exercise jurisdiction over juveniles, ages 10 thru 16,
unless they wer4 charged with violating a City Ordinance. (See
memo from Tanya Cooper to Harlan Jefferson attached as Exhibit Be
dated October 10, 1991.) The position taken was that we could
waive our jurisdiction allowing the County Court to handle these
offenses. The ')uncil was advised in that memo and also on
November 5, 199:, of the problems the Court would face if we
exercised jurisdiction over these cases. The Council decided to
accept the Staff recommendation which was to waive our
jurisdiction and allow the cases to be filed with the County
Court. (See transcript of November 5, 1991, council Meeting,
Page 421, attached as Exhibit C.)
ApenCANo
[tie
Honorable Mayor and City Council ,cl/ ?
March 26, 1993 /J
Page two
The Juvenile Department at the Police Department began to send
juvenile cases through the Diversion Program at the County Court,
this was done as far as can be determined without any required
waiver of jurisdiction documentation, so in April 1932, I wrote
to Judge Whitten seeking to discover how she preferred us to
handle the waiver of our jurisdiction. (See attached letter as
Exhibit D.)
No written response was received to the waiver letter, but in
June 1992, Judge Whitten visited me to discuss ideas on a Teen
Court Program. During this visit, she indicated that she had
received my letter and believed that we could not waive our
jurisdiction and that she was oing direct
accept any more cases. Basically, JudgeWhittenrfeltfthattthe
legislative intent was for Municipal Courts to exercise
jurisdiction on at least first offenses, before we could waive
jurisdiction on these cases. She and I met several other times
to discuss the matter, but she did not change her position. In
October 1992, the Police Department began receiving cases back
from the County Court for the reason of "No Jurisdiction".
(copies of several examples attached as Exhibit E.)
In Fobruary 1993, the Legal Department advised the Police
Department to refrain from sending any cases to the County Court
or to the Municipal Court until direction could be obtained on
how to proceed. (See memo attached as Exhibit F.)
In addition to this historical backgrouid, the Denton Independent
School District has indicated a desire for the Police to issue
citations to juvenile offenders committing offenses on school
property and have those cases heard in Municipal Court. The DISD
and ehe Police Department are holding cases until it is
determined where jurisdiction lies.
I still concur with our earlier interpretation of the law--which
-i is that we can waive our jurisdiction and I still believe that we
would be hard pressed to handle these cases for the reasons
stated in Exhibit A, Page 2; however, it does not appear that we
can force the county Court to exercise jurisdiction if they are
interpreting the law in a different fashion.
The question at hand then seems to be how to proceed.
` V
Sandra H. White
SHW:cm
Attachments - Exhibits A - F
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EXHIBIT A 4900dakc
Agandalt
CITY o1 DeNTON, TR"AS MUNICIPAL -UJLDFNG / 115 E. MCKINNEY / P NTON, TEXAS 76201
M E M O R A N D U M
DATE: October 29, 1991
TO., Lloyd Harrell, City Manager
FROM: Harlan L. Jefferson, Treasurer
SUBJECT: New Legislation Affecting Municipal Court Operations
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This report was prepared in response to the City Council's request
for staff to meet with the Municipal Judge and prepare a detailed
analysis of the recently approved state legislation affecting the
municipal court. The report was developed in a format to
facilitate the
City Council providing staff with directions
regar44ing each bill. However, you will notice that many of the
requitments of the bills are mandatory, and we have complied with
most of those provisions.
For each bill, we provided a summary, impact analysis and
recommendation where appropriate. An analysis of the effects of
the bill on the municipal court operations is also presented in the
report summary. The individuals who participated in the
development of this report were Sandra White, Municipal Judge,
Michael Jez, Police Chief, Tanya Cooper, Assistant City Attorney,
and myself. However, we relied exclusively on the legal department
to summarize the bills.
The above mentioned bills are listed as follows:
1. Summary of HouMo. ll 2
House Bill No. 2'ends portions ,o Ic les 6675 a-1, 6701d,
and 6687b of Ve"n1s Texas 'C' i1 Statutes to add the
requirement of show evidei 6 f financial responsibility in
order to register a v ;'obtain motor vehicle inspection,
or upon applying or.,
IV* wing a driveres license. This
legislation also sp~ifies a types of acceptable evidence of 1
financial respo"ibility. TH,types of evidence acceptable to
satisfy this r4q'uirement are && follows:
Page 1
8171566.8700 D/FW METRO 131.2519
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ApdaNo
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Memo to Lloyd V. Harrell, City Manager
October 29, 1991
Page 30
this procedure, and has included a time deadline of five (5)
working days for submission of these reports.
_ II4DdCt of Hntia~gill No. 944
This bill will increase the workload of the Municipal court
regardless of whether we retain or waive the additional
jurisdiction. In the event we retain the jurisdiction, we
will have to consider the following:
k 1. The cases will have to be maintained separately from the
adult cases.
2. The cases will have to be processed manually because of
the sealing requirement. I
3. Tracking of defendant conviction history will have to be I
done manually in compliance with the bill.
4. Cases will require closed hearings. This will
necessitate the creation of a new docket.
5. Fines in excess of $100.00 cannot be assessed.
f. Because warrants cannot be issued for the arrest of
juveniles, we have virtually no enforcement mechanisms.
Juveniles will be able to go unpunished.
In the event the City waives its jurisdiction and allow the
County's juvenile court to handle these cases:
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1. All information and findings must be forwarded to the
juvenile court.
2. The juvenile court has a wide array of options to
encourage juveniles to adhere with judgements. These
options involve the use of juvenile probation officers
to sentencing the uvenile to detention in Texas Youth
commission facilit as.
Recommendationt it is recommended that we waive this new jur-
isdictions This is recommended for the court will have no
enforcement capability to assure compliance with its
judgements. This would make us less effective than the
county's juvenile court. Additionally, when considering the
minimal fine amounts and the feat that payment will only be on
a volunteer basis, the time, energy, and effort oxbausted on
Page 2
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4wda No _V3 _PL~
Agenda IlML. ~3 _
na!e-3
Memo to Lloyd V. Harrell, City Manager
October 29, 1991
h Page 11 `
these cases will not be offset. We believe the City could
only do an effective job with these cases if we establish a
` teen court.
VII. $S3IDatarv of House Bi 11 No 960
h House Bill No. 960 creates a new section, (Article 45.5) in
the code of Criminal Procedure to specifically p~cp ide a
h municipal court judge with discretion to allow a d & dant to
enter a treatment program for chemical dependencsss~~~nd upon
completion of this program gain dismissal a pending
criminal charge. The Court may defer proceed on a plea of
guilty or nolo contenders or on a findingg•t f uilt for a od of 90
enteri theiCourt fi ds th tt the of en en anesult j£ om or was related
to the defendant's chemical dependency,, if a
for court-ordered treatment of the( Aefend nt nisp filed licationin
accordance with Chapter 462 of the Ualth and Safety Code. At
the conclusion of the deferral pe)riod, the judge shall dismiss
the charge if satisfactory evidhlce is presented that the
defendant was committed for'~and completed court-ordered
treatment. If the defendant
evidence of completion, the Court may impose the fineiassessed
or impose a lesser fine and the imposition of any fine results
in a final conviction of the defendant in the case.
Impact of Kouse 8111 Nn 960
The discretionary authority, regarding deferred adjudication,
that this bill provides the Municipal Judge already existed
under Article 45.54 of the Code of Criminal Procedures.
Therefore, we do anticipate any problems implementing this
bill. The type of deferral it offers is very similar to the
other deferrals offered by the Municipal Court. The primary
differenoe between this bill and the Municipal Judge's
existing authority is that this bill does not allow for the
asseashent of a special expense to cover cost of administering
the case. It is believed that the state wants to provide
alternatives to fine payment for dealing with Class C
offenders.
Recommendations It is recommended that as a standard
practice, we continue to offer deferrals for this situation
Under article 45.54 of the Code of Criminal Procedures This
will permit us to charge a special eispense to offset adminis-
tration cost. We find that most defendants would rather pay
the special expense fee than be convicted of a crime.
Page 3
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EXHIBIT 8
F~~ OCT 1 Z 1991.. ~
OFFICE OF THE CITY ATTO R' g '"s, ,,r r;ai~~un
` MEMORANDUM
TO: Harlan Jefferson, Treasurer
M FROM: Tanya Cooper, Assistant City Attorney
~ SUBJECT:
New Legislation Affecting Municipal Court Operations
DATE: October 16, 1991
Pursuant to your reg
enacted legislation which mays have aln impact upon Municipal Court
operations. These bills are listed as follows:
Souse Bill Mo. 2 amends portions of Articles 6675 a-l,
and 6687b of Vernon's Texas Civil Statutes to add the 4 "d"e
ment of showing evidence of financial respons,pec re J
to register a vehicle, obtain motor vehicle insibi
order I1
applying or renewing a drivers license. Ther : or upon
Will hopefully increase the number of person ! a toimolds
evidence of financial responsibility and r '~a the number of
citations being issued for this violati of
also specifies the types of acceptable, , dencesof efinancial
hiW
responsibility. The types of evidet~a "Scceptable to satisfy
this quirement are as follows: '
1 a liability insurance, y 1
minimum amounts required by'the policy
Motor in Veh eh least the
Responsibility Act or a icle Safety
photocopy of the policy;
2• a standard prop!{ of liability insurance form
promulgated by the Texas Department of Ina+:rance and
issued by a liability insurer that includes: (A) the
name of the insulted (e) the insurance policy number;
(C) the policy beriod; (D) the name and address of each
insured; (E) he policy limits or a statement that the
coverage qt the policy complies with at least the
minimum d4ounts of liability insurance required by the
Act$ 4M (F) the make and model of, each covered
vehiol4t
3, an insurance binder= 1
40 a copy I
Public Safety a certificate issued by the Department of
Safety (DPS) showing that the vehicle is covered
by self-insurances
Page 1
'Dedicated to Quality Service'
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Agenda iseni__ : v.1 3
Harlan Jefferson, Treasurer
October 16, 1991
Page 5 -
punishable by fine of not more than $500, other than
parking or pedestrian violatio;~s.
House Sill 598 amends provisions of the Uniform Traffic Act
relating to driving safety courses and provides the court may
exercise discretion in granting a reque tt to t a driving
safety course under either the mandatory or pert;Wi a sections
at° written motion of the to final disposition.~t H~ ouslyt the defent
dant was required to request to attend iving
prior to the citations a rn order course
dismissal of a ticket'underethe nCe in order to require
Uniform Traffic Act. As a
pra AItorymatterprovisions ll the
many driving safety course rectiA, courts allowed
time. This legislation merely ro to be processed after that
the Ccurt to exercise die y O provides express authority for
orition in granting driving safety
course requests wh'_ch are Ae de after the defendants original
appearance date.
This legislation al#* creates a new requirement on the Court.
In the event a 466ndant fails to provide
completion with4h the time allotted by the court, thecCourt
must notify they' defendant in writing of the default and require
the person to appear for a show cause hearing. If the defen-
dant can slow good cause why the proof of completion was not
submittsA'to the Court as required, the court may allow an
J exte noltl of time during which the defendant may submit the
un f certificate of course completion. If the defendant
fa$16 to appear at the time and place for the show cause
h" ring, this would constitute an offense punishable in the
,same manner as a violation of written promise tQ,app"x,
House Bill No. 944 amends a number of statutes relating to the
handling of situations involving juveniles. The legislation
grants a municipal court additional jurisdiction for criminal
prosecution of juveniles (persons 15 and 16 y of a.
Previously, municipal courts had jurisdiction overajuv nilesein
offenses involving a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state. Now,
municipal court jurisdiction has been extended to include
offenses involving a misdemeanor punishable by fine only other
than the offense of public intoxication and offenses involving
a violation of a penal ordinance of a political subdivision.
Page 2
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Harlan Jefferson, Treasurer
October 16, 1991
Page 6
This legislation, however, allows municipal courts to transfer
their jurisdiction to the juvenile court in certain situations
and requires this transfer in specific instances. The bill
provides a municipal court shall, waive its original jurisdic-
tion and refer a child to the juvenile court if the child has
previously heen convicted of:
i
1. two (2) or more misdemeanors punishable by fine
only other than a traffic offense or public intoxica-
tion;
2. two (2) or more violations of a ponal ordinance of
a political subdivision other than a traffic offense;
or
3. one (1) or more of each of the types of misdemean-
ors listed above.
A municipal court may waive its original jurisdiction and refer
a child to juvenile court if the child:
1. has not previously been convicted of a misdemeanor
punishable by fine only other than a traffic offense or
public intoxication or a violation of a penal ordinance
of a political subdivision other than a traffic
offense; or
2. has previously been convicted of fewer than two (2)
misdemeanors punishable by fine only other than a
traffic offense or public intoxication or two (2)
violations of a penal ordinance of a political subdivi-
sion other than a traffic offense.
Additionally, if a municipal court retains its original
jurisdiction in these cases, the municipal court in which there
is pending e. complaint against a child alle<1ing a violation of
a misdemeanor offense punishable by fine only other than a
traffic or public intoxication or a violation of a penal
ordinance of a political subdivision other than a traffic
offense shall notify the juvenile court and shall furnish the
juvenile court with a copy of the final dispositions of any
matter for which the municipal court has not va ived its
original jurisdiction. it is my understanding the juvenile
court for Denton County has developed a form for this proce-
dure, and has included a time deadline of five (5) working days
for submission of these reports.
Page 3
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Agendalf~~
!ale-_'~ % ~r z-
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Harlan Jefferson, Treasurer
October 16, 1991
Page 7
Clearly, whether the Municipal Court retains it6 newly created
jurisdiction or opts to transfer the applicable non-traffic
I` offenses to the juvenile court, this new legislation will
II require additional time be spent in processing these cases.
Juvenile cases must be worked manually since they are sealed
files which must be maintained separately from adult files and
now the juvenile's history of convictions must be tracked to
comply with the mandatory provisions of this legislation.
Additionally, juvenile cases present numerous enforcement
problems for a municipal court. In the t gnt a juvenile fails
f to comply with the court's order in a cas.: or fails to pay any
` fine assessed, a warrant cannot be executed for the incarcera-
tion of a juvenile offender allowing the juvenile's failure to
comply to go unpunished. on the other hand, the juvenile
court, assisted by juvenile probation officers, has a wider
choice of available remedies to assist in the enforcement of
its orders.
aoble'Dill No. 960 creates a new section, (Article 45.56) in
the Code of Criminal Procedure to specifically provid 4'
i municipal court judge with discretion to allow a defend o
enter a treatment program for chemically dependenc pon
completion of this program gain dismissal of pen " riminal
charge. The Court may defer proceedings on a ] guilty or
nolo contendere or on a finding of guilty '5a period of 90
days without entering an adjudication oV' ilt if the Court
finds that the offense resulted from Or was related to the
defendant's chemical dependency and-'if an application for
court-ordered treatment of the def* Ant is filed in accordance
with Chapter 462 of the Health,OLM Safety Code At the con-
clusion of the deferral period, the judge steal?. dismiss the
charge if satisfactory evidence is presented that the defendant
was committed for and completed court-ordered treatment. If
the defendant does not present satisfactory evidence of com-
pletion, the Court May impose the fine assessed or impose a
lesser fine and Ub i:aposition of any fine results in a final
conviction of,the defendant in the case.
k This type of case deferral will operate basically like all
other.Mfdrral situations currently being allowed in the renton
Murrklolpal court and should not prese,it any insurmountable
problem to implement if the Court chooses to exercise this new
option. However, this new section does not provide for the
r assessment of any special expense to the defendant which :s
specifically allowed under Article 45.54 of the Code of
Criminal Procedure for suspension of a court's sentence and
Page 4
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EXHIBIT C 4 19
Ile
CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 5, 1991
The Council convened into the work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members
Alexander, Perry, Smith and Trent.
ABSENT: Council Member Chew
1, The Council convened into the Executive 8*;1an4-le-+'diacu~s
legal matters (considered settlos"t in Hvnter. ami v C Qf
Qanta L._at al and cons44*r d-"ttlement offer in Gorder y W)
real ssta%jim4P4 jWW*olihal/board appointments.
, voAr.Chok J94144 the Meeting Jdw'7 the 9bov• 416CURa~one
; i1 ~"+1.►K.~. L1~Iv,'AMNI ry,. .l •lllb V1♦ n/! ftl,. ' .....e i1/.N 1,.~ „i .I ,
The Council received a report and held a discussion regarding
legislation passed by the 72nd Legislature that might have an
impaot on the Municipal Court procedurally, fiscally or both,
r~oipsal~Judg aer, stated rWJ hatcthe report was prepared in
l approved state legislation affecting the Municipal Court, Fo~r1eacch
bill, a summary, impact analysis and recommendation where
{ appropriate was provided. Staff members providing input regarding
the bills included the Municipal Judge, Chief of Police, Assistant
,y City Attorney and Treasurer.
No•'Z .:I '.,„„7i .;,:ia ,~J ~.,~~:J '1%r.,;', ;
This bill added the requirement of showing evidence of fomwoial
responsibility in order to register a vehicle, obtain tot vehicle
inspection or upon applying or renewing a driv*Y,, icense. It
also specified the types of acceptable eviAshde of financial
responsibility. The bill reworded th4!404uags creating the
offends of operating a motor vehicle.w$bhout required evidence of
financial responsibility and proxdMd for an increased penalty
range. The overall effect of Ub s bill w.,uld be an increase in the
number of motorists ablp,,1'to show evidence of financial
responsibility, resulting in fewer citations for this violation.
In addition, the City yould be required to train staff on the types
of evidence acceptble to satisfy the requirement of financial
responsibility, oave police officers check the suspected violator's
driving history and file higher charges through the District
Attorney+# Office for second and subsequent offenses which would be
outside the Municipal Court jurisdiction, update the Affidavit of
Probable causn to reflect new types of evidence acceptable to show
financial responsibility, change the citation to reflect the new
name of the Act and provide a warning regarding subsequent
convictions. The recommendation of the Committee was that the City
Page 1
20
aenda No. ~2Z
City of Denton City Council Minutes ~QenJaltem_ lliYS
November 5, 191 Ore .
Page 2
i
complete the action needed to become in full compliahce with fi.B.
No. 2.
Consensus of the Council was to proceed with the staff
recommendation.
_ fious@ Bill No ~p
This bill provided for an additional $3 court cost to be assessed
on all convictions under the Uniform Traffic Act, These funds were
eligibil requirements to be maintained for the f ricaipality. The bill also changed the
course and created a condition that the defendant provideithe Court
with proof of financial responsibility before a driving safety
eource may be granted. Staff recommendation, was to continue
complying with H. B. 70.
Consensus of the Council was to proceed with the staff
recommendation.
Heuse B~~
House Bill No. 6oslab ishin d state agenoiss and political from evaluating, promotin g or maintaining a system for
officer based on thegis uanceno!iagspecifiedonumbernofatraffic
citations or a municipal court judgo based on the amount of revenue
collected from traffic convictions. It did not require any action
{ by staff or the City.
House Bill u-
This gill related to increasing the fine for certain misdemeanors
and amended some court costa, The only action required of staff I
was programming changes to the municipal court software which would 1
accommodate the new court cost, This was done in September, it
was recommended that the city continue complying with H. B. 407,
It was possible that the Judge would increase fines for these
offenses either on a case by case basis or on a sliding scale based
on the prior record of the defendant, however, it was not
anticipated that there would be any drastic increases.
Consensus of the Council was to proceed with the staff
recommendation, +
House 8"11 No egg
This bill amended provisions of the Uniform Traffic Act relating to
it
db _
Apentla!lan_ lr>S 3 'w 4 1
City oi' Denton City Council Minutes q1te____`~__
November 5, 1991
Page 3
driving safety courses and provided that the court may exercise
discretion in granting a request to take a driving safety course
under either the mandatory or permissive sections upon the written
motion of the defendant submitted to the court at any time prior to
final disposition. The legislation also created a new requirement
_ that in the event a defendant failed to provide proof of course
completion within the time allotted by the court, the court must
notify the defendant in writing of the default and require the
person to appear for a show cause hearing. If the defendant could
show good cause why the proof of completion was not submitted to
the court as required, the court may allow an extension of time
during which the defendant may submit the uniform certificate of
course completion. It was recommended that the City not extend the
j time period a defendant had to request to take a driving safety
course and comply with the remainder of the bill.
I
Consensus of the Council was to proceed with the staff
recommendation.
a r .t.u r~ ,
tis: 'Yr. '~J. .1 t h. {'.Ili :1~.~ . 1'.'d-/♦ xJ1.
Eby, if b~21'~104.
This bill granted a municipal court additional jurisdiction for
criminal prosecution of juveniles. The municipal court
jurisdiction had been extended to include offenses involving a
misdemeanor punishable by fine only other than the offense of
public intoxication. Staff recommendation was to waive the new
jurisdiction. This was recommended as the court would have no
enforcement capability to assure compliance with its jud ements.
This would make the City less effective than the County's 3uvenile
court. Additionally, when considering the minimal fine amounts and
the fact that payment would only be on a volunteer basis, the time,
energy, and effort exhausted on these cases would not be offset.
It was felt that the City could only do an effective job with these
cases if a teen court were established.
o! Lha Council was to proceed with the staff
Consensus recommendation,
+y~~, ~~~~'y~~ 4 ~1L++~tYA9.e1~• yN r. , ~;~,'t z ni; 'A6i1t?Aal ~Ej~~ ~t~a.~y ~ y ~ " 5's'
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Thee bill provided that a municipal court judge had the discretion
'"'~'a~~13gY r+ 4*1ondant to enter a treatment program for chemical
depend endyarAr ,;~ietipn of this program, gain dismissal of
a pending crimina charge.. gq' priaary difference between thin
billnan alloy ! rc p the sses le judge's t of erg io"ial ty was that the bill
cost of administering the case. It was believed nthattga S to
wanted to provide alternatives to fine payment for dealing with
Page 2 1
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City of Denton city council Minutes
November 5, 1991
Page 4
Class C offenders. It was recommended by staff that as a standard
practice, the city continue to offer deferrals for this situation.
That would permit the City to charge a special expense to offset
administrative costs. It was believed that most defendants would
rather pay the special expense fee than be convicted of a crime.
Consensus of the Council was to proceed with the staff
recommendation.
' I
` House Bill No. 13il
House Bill 1342 created an offense for a person to knowingly
falsify any information or verification required in connection with
a commercial driver's license. An operator of a commercial vehicle
could not attend a driving safety course and be granted a deferred
adjudication for dismissal of a traffic offense if the offense was
one defined as a serious traffic violation. This bill would
require staff training, a change in the City's citation, and a
change in vhe municipal court software. It was recommended that
the City comply with the bill by revising the citation form and the
Municipal court software.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No 2183
This bill created penalty enhancements for the offenses of Purchase
of Alcohol by a Minor, Consumption of Alcohol by a Minor and
Possession of Alcohol by a Minor. It also provided that the court
may require a defendant upon a first conviction for any of the
previously listed offenses to attend an alcohol awareness course
approved by the Texas Commission on Alcohol and Drug Abuse or a
similar alcohol awareness course approved by the court. A
mandatory portion of the bill. would require the municipal court to
maintain history files on Alcoholic Beverage Code violations in
order to assess the proper fine amount. It wad the staff
recommendation to utilize the existing deferral program instead of
the discretionary portion of this bill.
Conas',aus of the Council was to proceed with the staff '
recommendation.
mats Bill No. 355
This amendment specified that the law enforcement agency that
executed the arrest warrant or capias may request payment of this
fee from the Court, provided that the request was made not later
ApendaNo.. 13 r
423
City of Denton City Council Minutes
November 5, 1991
Page 5
than the 15th day after the date of the execution of the warrant.
This situation may be handled by an interlocal agreement between
law enforcement agencies. The executing agency would not seek to
claim any warrant fees and allow all warrant fees to remain with
the processing law enforcement agency. Staff recommended that the
City enter into an interlocai agreement and develop a mechanism to
process requests from jurisdictions that were not a part of the
agreement.
Consensus of the council was to proceed with the staff
recommendation.
~ ~eaate Bill No 4so
3
This bill allowed for the assessment of court costs not to exceed
E $5 for cases involving parking or stopping vehicles in violation of
City ordinances. The funds generated from this new fee were to be
earmarked to fund city programs for school croonin
event the city did not operate a school crossin g guards. In the
city may deposit these funds in an interest beaarlpgp aroram, ccount for
expand these funds for programs designed to enhance child safety,
health or nutrition, including child abuse prevention and
intervention and drug and alcohol abuse prevention. It was
recommended that ithe city not increase this court cost on
ouno11Ve" ma;orabudviela lane, Tlie would gont1lot with t parking
8recommended to utilize th ~sre enueefrom nthe mmandatory urt costwto
offset the City's existing child safety program.
Consensus of the Council was to proceed with the staff
recommendation.
Senate Bill No. 57
This bill provided that driving safety courses, in order to be
acceptable for dismissal 'if violations of the Uniform Traffic Act,
be conducted in Centra Education Agency approved schools. Also
the court's authorit cc &pprove any other typec of completion
documentation was ell. nated. It was recommended that the City
comply with this bill i there were no discretionary areas of the
bill,
Consensus of the Council was to proceed with the staff
recommendation.
"A"a Sill No 883
This bill allowed a peace officer to issue a citation that gave an
Page 3
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AgendaltenZ..~~'~
City of Denton City Council Minutes
November 5, 1991 / S 1~a.Z
Page 6 l/
accused written notice of when and where to appear in front of a
magistrate rather than taking the person into custody. Staff
recommendation was that whenever feasible, the City issue a
citation as opposed to arresting defendants.
Consensus of the Council was to proceed with the staff
recommendation.
Jefferson continued that many of these bills increased the workload
of the Municipal Court by adding time consuming tasks. The staff
was already overburdened with procedural changes resulting from
i
case law evolving in higher courts. Increasing the Courts
automation capability should occur before attempting to evaluate
the staffing levels. Three potential areas of improvement were an
automated answering phone system, a word processing system, and
initiate the process to rewrite or replace the Municipal Court
computer system. The emphasis would be on locating the most cost
effective system to meet current and foreseeable future needs.
The Council then convened into the Regular session at 7s00 p.m, in
the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkinst Council Members
Chew, Perry, Smith and Trent.
ABSENT$ Council Member Alexander
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Council Member Alexander joined the meeting.
2. The council considered approval of the minutes of the Regular
Session of October 15, 1991 and the Work Session of October 22,
1991.
Mayor Pro Tom Hopkins asked that the minutes be considered
separately.
Hopkins motioned, Perry seconded to approve the minutes of October
1
"aye", Chow 5, 1991. On roll vote, Alexander "aye", Hopkins "aye", Smith
Motion carriedyunanimouslyawith Council oMember lTrentyabstaining.
T T
h
EXHIBIT D agenda No ciryOfDENTON, TEXAS
"""C1PA1 801 DING/DENr0N, TEXAS 76201 / TELEPHONE (817) 566820_0
OFFICE OF SHE MUNIC/pAL JUDGE
April 2, 1992
i
i i
Honorable Darlene A. Whitten
Denton County Court at Law No, 1
210 S, Woodrow Lane
Denton, Texas 76201
RE: Waiver of Juvenile Jurisdiction
Dear Judge Whitten:
The City of Denton Municipal Court, after review of House Bill
offenses,dexcept waive its,
of eCitylOrJuvenile
dinances.
We would like to know what procedure to implement to facilitate
our waiver of these cases. We ha. hoped that a "blanket' waiver
would be sufficient, however, if you require a waiver on a case
by case basis, please advise.
i
Respectfully submitted,
SANDRA H. WHITE
Municipal Judge
SH41: cm
cc Debra Drayovitch City Attorney
Tom Josey, Municipal Court Administrator
Page 1
CarbOM043
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Signed~~'yy,,~,
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REPLY
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Date Signed
Ndw,,n,Jo,°~~ RECIMAT-RETURN VWTE COPY, RETURN PINK COPY.
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Page 2
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I Agenda No 'X2
' tti~S ~3
EXHIBIT E DaI9~ ya7~
I v
CRAU311AL D➢STRICT A'rTORljBV
SUVEUILE OHVIS30H
I ~
ACTION TAKEN
CHILD'S NAME:
CHILD'S DOB: 7-2-76
i
OFFENSE & DATE: MIP 11.7-92
I ,
COMPLAINTANT: State
I
ACTION TAKEN: Retumed
REASON: No Jurisdiction
I
i
DATE: 11-16-92
ACTION TAKEN BY: ELIZABETH A, FARMER
Page 1
Agenda No.
Agenda
lte~ls,~S_
Date el- 9
CRINIMAIL DISTIUCT AvrroRlls f
AVEMLE DIVIS1011
ACTION TAKEN
CHILD'S NAME:
CHILD'S DOB: 4-1-76
OFFENSE & DATE: DISORDERLY CONDUCT 11-18-92
COMPLAINTANT:
DOUG BOYDSTON
ACTION TAKEN: NONE PLACED IN FILE TO USE ON DISPOSITION {
REASON: THIS IS A CLASS C MISDEMEANOR AND THERE IS NO
JURISDICTION. I
i
1
I
DATE. 11-23-92
n ~
ACTON TAKEN BY: ELIZABETI I A. FARMER
Page 2
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AgendaNo.~
Agenda ltem_ZLIS ~
Date L --I-! y 3
CRIMINAL DISTRICT ATTORNEY
JUV16i 1LE DIVIS3011
ACTION TAKEN
CHILD'S NAME:
CHILD'S DOB: 4-16-76
i
` OFFENSE & DATE: Theft u/20 11-19-92
` COMPLAINTANT: Montgomery Wards
ACTION TAKEN: Returned
i
REASON: This is a class C Misdemeanor and there is no jurisdiction.
LJ
F
k
DATE: 11.24.92
AC11ON TAKEN BY: L'LIZABETH A. PARMER
Page 3
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Agenda ItDfT1. GG' J 3
ktfE _ 5
CRIUID ML ]DISTRICT A-17ORNEY
JU` 3111LE 1DIIV1SIOU
ACTION TAKEN
CHILD'S NAME:
i
I
CHILD'S DOB: 4-8.76
OFFENSE & DATE: THEFT U/20 12-10-92
COMPLAINTANT: WINN DIXIE
Ac MIN TAKEN: RETURNED TO POLICE
REASON: NO JURISDICTION
DATE: 12-14-92~
ACTION TAKEN BY: ELIZABETH A. FARMER
Page 4
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Dnntb__~`
EXHIBIT F
OFFICE OF THE CITY ATTORNEY
MEMORANDUMS
I TO: Gary Matheson, Captain, Denton Police Department
FROM: Tanya Cooper, Assistant City Attorney
SUBJECT: Filing of Class C Misdemeanors Against Juveniles
DATE: February 10, 1993
As we discussed in our conversation of Friday, February 5, 1993,
police officers should discontinue the filing of Class C misde-
meanor charges against juvenile defendants through the Denton
County Court-at-Law. When TEX. FAM. CODE ANN. sec. 51.08 was
amended in September, 1989, the City council determined the mu-
nicipal Court Judge should exercise provisions contained within
that section to waive jurisdiction over all cases involvinn juve-
niles other than traffic violations. This situation has apparently
not proven to be an acceptable solution to the prosecution of these
matters and ;fudge Darlene Whitten has requested that these cases no
longer be presented to her Court.
Therefore, until direction can be obtained and any new filing
procedures for juvenile cases developed and implemented, please ad-
vise your officers that fire-only penal offenses and ordinance vio-
lations involving juvenile offenders sh->uld not be filed through
t
way you presently deal with juvenile he Denton County Court-at-Law. There should be no change in the
offenses or violations claFI ified as Class dB misdemeanors t or traffic
I
As I said, I would welcone an suggestions
your department might have for an effective meyou or others thod of dealing with
the problem of juvenile offenders. Please let me know if you have
any questions regarding this matter or if I may be of any
assistance to you.
r~
Tanya A. Coop
TC:br
pc: loyd V. Harrel , Ci;.y Manager
~'t tR~ow*y rr~,Iii e,
APPROVED:
Debra A. Drayovitch
E:\WPM S\W XK ArAk ILE. MFR
CITY=
'COUNCI:
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CITY OF DENTON CITY COUNCIL MINUTES Date f ( ~J
March 16, 1993lz4G /
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 Vembers
Chew, Perry, and Miller.
ABSENT: Council Members Brock and Smith
1. The Council convened into the Executive session to discuss the
following:
A. Legal Matters
1. Considered action in Debbie S. Wright v City of
Denton.
I
B. Real Estate
1. Considered acquisition of an option to purchase
land near Foster Road.
C. Personnel/Board Appointments
2. The Council received an update and held a discussion on the
191 Committee recommendations and gave staff direction.
Rick Svehla, Deputy City Manager, stated that there were two issues
which had been discussed with the 191 Committee in February. The
first issue dealt with bonds which had been sold for culvert/bridge
work on Mayhill Road at two locations and on Hobson Lane. The
culvert work on Hobson was complete as was the work on Mayhill
south of McKinney. The City and the County had done a temporary I
solution for the culverts on the north end of Mayhill between Audra
and Blagg Roads. There was approximately $30,000 saved on the
Hobson project which could be used to repave Hobson from Santa j
Monica near the new bridge structure to Country Club Road.
Maintenance money could be used to repave all of Hobson if Angelina ;
Bend were held off until the next budget year. With the Mayhill
Cjc,'eet, there was approximately $50,000 remaining due to tha I
:nd County's efforts in working with the Highway Department i
to r.iace the bridge. Staff was suggesting using that $50,000 to
r.. a portion of Mayhill. The City had requested that the
Cr.in.y assist with the paving of a portion of Mayhill which was a
Aoint City/County road. By using the bond money plus the County's
ontribution, the City would be able to repave Mayhill from
McKinney north to University.
i
Council Member Chew indicated that he had a concern with paving the
joint portion of the road without the County commitment to assist
with the funding.
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City of Denton City Council Minutes
March 16, 1993
Page 2
Mayor Pro Tem Hopkins suggested that the City might be able to get
a schedule from the County when they would be able to help with the
paving.
_ City Manager Harrell stated that most of the traffic on Mayhill was
out-cf-city traffic.
Svehla stated that it might be the case that the County would agree
uo pav ronte of the road next year rather than having to do
Mayor Pro Tem Hopkins suggested repaving all of Hobson at one time
rather than in sections.
Consensus of the Council was to proceed with the Hobson project and
wait with Mayhill until the County was able to commit to the
project.
Svehla stated that the second item dealt with the list of federal
and state funding projects. The City had approximately $28 million
worth of work which would be scheduled during the next nine years.
There was a minimal amount of cost associated with the projects
which the City would have to pay. Staff was suggesting using a
small portion of the highway bond funds since it appeared that none
of those bonds would be required. Approximately $300,000 would
have to be used for the congestion mitigation. Those projects
would begin this year. The extra bond money could be used for the
first year projects as the City would be reimbursed from the State
for some of the projects. rrel millionnleft in indicated
bond issue whichwhadabeen xsold ebut $not
used at this time.
Svehla indicated that any expenditures would be presented to
Council for final approval.
Consensus of the Council was to proceed with the concept of using
the $300,000 from the street bond funds Lor the projects and using
approximately $290000 for the first year expenditures.
3. The council received a report and held a discussion regarding
diMunicrectipal Court
the City fMa MRecord anager toesubmit ia draft oft h is legislation resolution
Representative Jim Horn regarding this matter to be introduced in
the regular legislative session and gave staff direction.
Agenda No
AQCnda ~1BR1,.,_ J fZ~M_
City of Denton City Council Minutes
March 16, 1993
Page 3
City Manager Harrell stated that at the last legislative session,
the city tried to get a Court of Record established. The
legislation was successful in the House of Representatives with Jim
Horn's sponsorship but the Senate had a problem with the
legislation and it died in Senate Committee. The Senate took the
position that there was a generic bill passed and cities should use
that option plus the Senate did not like the specific clause that
the City wanted to appoint the Municipal Judge as opposed to having
that position elected. As this session started, the City had not
started the project as there was no indication that there had been
a change in the feeling of the Senate. The City of Carrollton was
in the process of introducing a Court of Record bill for their
city. They had done some behind the scenes work and felt that the
problem with the Senate had been worked out. It was felt that
perhaps the two bills could be combined and Ben Campbell indicated
that he would be willing to help with the project. There was a
provision in the statutes that 30 days
notice was ne of City's intent to file legislation to establish a courteof Record.
That notification had been made and a bill would need to be filed
by April 6. It was the opinion of Representatives Campbell and
Horn to have the bill introduced by Representative Horn. The Legal
Department had taken the Carrollton bill and followed it for Denton for
one thought that dealin
imilarh soappeals bprocess.
able to present
as identical bills in the Legislature.
Tanya Cooper, Assistant City Attorney, detailed the changes
proposed from the Carrollton bill. The only change she had made
from the Carrollton bill was in the appeals section. Carrollton
used a process through the Dallas County Courts and Denton would
need to use Denton County Courts. There were some differences
Counc 1d the previous Dent01L bill which
Coopernd tailedrtol , The Carrollton bill
City Manger would appoint the Clerk of Municipa 1 Court while the ed that the
previous Denton bill stated that the Clerk of Municipal Court would
be appointed by the City Manager with the consent of the Municipal
Judge. In the Carrollton bill, the Municipal Court Clerk would
appoint a Court Recorder while Denton's previous bill indicated
that the Court Recorder would be appointed by the Municipal Court ,
Clerk with the advise and consent of the Municipal Judge. The
section which provided for a court reporter had been amended to
allow for the recording of proceedings by a reliable recording
device without the requirement of a court reporter's actual
presence in court and provided for the preparation of a transcript
from this record. This would provide a cost saving measure by
reducing the time which a court reporter's service would be needed.
The previous bill submitted by Denton more clearly specified the
duties of the clerk. Regarding selection of a jury, it was felt
Agenda No Date
City of Denton city council Minutes y Ty_2~~
March 16, 1993 l~
Page 4
that a word had been left out of the Carrollton bill and that
establishment of a jury would be the duty of the Municipal Court
Clerk and not the Municipal court as stated in the Carrollton bill.
A final area which appeared to be left out of the Carrollton bill
was a "statement of facts" in the section dealing with transcripts.
It was felt that this should be included in the Denton bill.
Sandra White, Municipal Judge, felt that there were some provisions
which Carrollton had left out of its bill which the Council might
wish to put back into the Denton bill. In the section which dealt
with the selection of a judge, the listing of options probably
should include an "or" after t:ix options. She suggested that the
Court Reporter be hired with '.he consent of the municipal Judge.
Carrollton had removed two )aragraphs dealing with the
gove
body providing the necessary u salaries r...nd
I equipment for the Court. Carrollton shad included a provision
indicating that the Court reporter would keep records for a 20 day !
period. White felt that that portion should be removed and not
limit a time frame for keeping a court record. Carrollton had a
transcript preparation fee of $25 which white did not feel was an
adequate fee. White suggested contacting the County Judges for
support of the legislation.
indweicated that she ad soken with some of einterested in proceeding with thetlegislation dand
offered whatever help they could with the legislation.
Mayor Pro Tem Hopkins felt that the Denton legislation should
follow as close as possible to the Carrollton bill so not to keep
it from being passed. She suggested doing what changes were
absolutely necessary but not to change too much.
Due to a time constraint, this item was continued during the
Regular Session.
The Council convened into the Regular Session at 7:00 p.m. in the
council chambers.
I
PRESENT: Xayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, and Miller.
ABSENT: Council Members Brock and Smith.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
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AAeada No . --f' ~
Agenda Item 2L~S #z
a te
City of Denton City Council Minutes G
March 16, 1993 67 r Jr
Page 5
2• The council considered approval of the minutes of the Regular
Sessions of February 16, 1993 and March 2, 1993.
Perry motioned, Hopkins presented. ~~On roll vote, Millerd"a en° aPProve~r the minutes as
Perry aye , and Mayor Castleberry Hoapke ~,s aye's, Chew 'layelf,
i unanimously. Y Motion carried
3. Presentation of Yard of the Month Awards.
Mayor Castleberry presented the Yard of the Month Awards to the
following:
Weldon's Western Wear and Saddle Shop
DeBerry Funeral Dirgctors
~
The Mayor
The Presented a proclamation for "Sexual Assault Awareness
j 4. Citizen Reports
i
1 A. The Council received a
Alexander regarding the citizen report from
payment of property taxes. Sheila
i Ms. Alexander was not at the meeting.
5. The Council received and opened bids regarding the City of
'
Denton Utility System Revenue Bonds, Series 1993,
~
In
Mayor Pro terest Tem Hopkins left the meeting with a Potential conflict of
City Manager Harrell stated that MoodYs
u
move for pgraded the utility tissue from A to Al. Moody, 's Service
This was a very unusual
regarding the City 's market.
Harrell read a report from Moody's
remained the same at Alnd rating, The General Obligation rating
David Medanich, First Southwest Com an opened revenue bonds: Clayton, Brown and Associates - the bids for the
Bache - 5.3706; Smith Barney - 5.480; Stevens and 5.4656 Prudential ~ 42 6. The Council received and opened bids regardingPanY - ty
of
Denton General Obligation Bonds
Series 1993 g the City of
David Medanich, First Southwest Com an , $2'975,000.
general obligation bonds; P y~ opened the bids for the
Smith Barney - 5,4809• Clayton Brown and Associates
Prudential Bache - 5.4403 5.5504;
Stevens and ~
gendaNo h l'
City of Denton City Council Minutes
March 16, 1993 t
Page 6
Company - 5.463.
Mayor Pro Tem Hopkins returned to the meeting.
Council considered Item 14.
4. Citizen Reports
A. The Council received a citizen report from Sheila
Alexander regarding the payment of property taxes.
Ms. Alexander stated that she owned property on South Bradshaw.
There was a paving lien of $394 put on the property in 1969 and the
p
know
enalty and interest was now approximately $1,200. she did not the assessmel ast year. She sted that not beenu notified aboutnthenlienland asked
C unciltto allowsherhto
s only pay the original lien.
Mayor Castleberry asked if she had recently purchased the property.
Alexander replied that she had owned the property for over 10
years. There had been a residence on the property but it had been
demolished. She wanted to rebuild on the property but must clear
up the lien before she could do so.
Mayor Castleberry indicated that Council would take her request
under consideration.
7. Public Hearings
A. The Council held a public hearing to consider the
30R, Block preliminary A, and final replats Oaks of T wnship of
II 3Addition. of Thland ed as Lot
e site proposwas located
on the southeast corner of Canyon Court and Bayberry Court. (The
Planning and Zoning commission recommended approval.)
Harry Persuad, Senior Planner, stated this request was for a
residential lot in Township TI. Eight tiotices were mailed with
three replies returned in favor of the proposal. The purpose of
the replat was to resite building lines. There originally was a '
30' set back on Canyon Court and a 151 set back on Bayberry. The
replat would switch those set backs and allow the owner of the
property to have better utilization of the property.
The Mayor opened the public hearing.
No one spoke in favor.
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City of Denton City Council Minutes Onle
March i6, 1993 5~ l3 Page
7 '
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No one spoke in opposition.
The Mayor closed the Public hearing.
Hopkins, Chew seconded to
replats•a e n roll vote aPP Pe the Preliminary and final
Perry n n , Miller it n
Y and Mayor Castleberr Hopkins "aye", Chew "aye",
unanimously. Y "aye". Motion carried
B. The Council held a
public
Milam Road. hearing with regard to the
Proposed annexation of 3.85 acres locat d east of I-35 and south of
(A-61)
Harry Persuad, Senior Planner, stated that this was the second of
two public hearings for this annexation. The purpose of the ubli
hearing was to receive any public input regarding the annexations
The Mayor opened the public hearing.
No one spoke in favor. l
No one spoke in opposition.
The Mayor closed the
public hearing.
No action was taken on this item at this time.
8• The Council considered
the issuance, sale a adoption of an ordinance
Revenue Donds ' and delivery of City of Denton Utilautzing
ityO ystem Series 1993, and instruments and prose ures relating thereto ing and authorizing
This item was not considered at this time,
9. 1
The Council considered adoption of an ordinance authorizing 1
the issuance, sale, and
Obligation Bond s delivery of City of Denton I
approving and s, se thoriries 19930 levying the tax to General
thereto, g instruments and pay same, and
procedures relating ~ j
This item was not considered at this time.
' 14• Consent Agenda
Perry motioned
Presented. On,r ]op vote, „to approve the Consent
► y , Miller ar" „ Agenda as
Perry "aye and Mayor Castlebery Hopkins aye", Chew "aye,
unanimously. Y Motion carried
AgendaNO
Agendaltlm
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Date
City of Denton City Council Minutes f" des
March 16, 1993 f
Page 8
A. Bids and Purchase Orders: '
i
1. B:d 01475 - Brush Truck
2. Bid 01471 - Civic Center/Swimming Pool Parking Lots
3. Bid 01467 - Fertilizer and Herbicides
B. Tax Refunds
1. Joshua Feldstein - $678.81
2. Associates National Mortgage, Co. - $963.74
11. Ordinances
A. The council considered adoption of an ordinance a.,:epting
competitive bids and awarding a contract fo- purchase of a,aterials.
equipment, supplies or services. (10.A.I. - Bid 01475, 10.A.3. -
Bid /1467)
The following ordinance was considered:
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No. 93-045
r
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A I
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPP"NT, 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, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (IO.A.2. - Bid 01471)
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The following ordinance was considered:
No. 93-046
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITUPE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
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Agen0a ~t~~; ~ City of Denton city council Minutes J
March 16, 1993
Page 9
C• The Council considered adoption of an ordinance providing
for the renaming of an east/west section of Mesa Drive to Barcelona
Street. (The Historic Landmark Commission and the Planning and
Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated this was a section of Mesa
` Drive near the hospital. There were no buildings on this piece of
f Mesa and no changes necessary to any residents.
The following ordinance was considered:
No. 93-047
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF A PORTION OF MESA DRIVE TO BARCELONA STREET; AND
i PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance providing
for the renaming of an east/west section of Evers Parkway to
cobblestone Row. (The Historic Landmark Commission and the
Planning and Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manger, stated that there were residents
on this section of road. The residents had requested the change of
name through their homeowners association.
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The following ordinance was considered:
No. 93-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RTION I PROVIDINGOFOR AN EF ECTI EEDATEAkKWAY TO COBBLESTONE ROW; AND
k Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance approving
settlement in litigation styled Fritz V. Cites
of D_onto
City Manager Harrell stated that this ordinance endorsed settlement
of the suit as per the direction of Council.
'bends No 93 - v
AJendaIt
City of Denton City Council Minutes Ne__1
March 15, 1993 Page 10 ~
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The following ordinance was considered:
No. 93-049
I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHOR??ING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLE:LENT RELEASE OF ALL CLAIMS IN THE MATTER OF FRITZ V.
CITY OF DENTON TEXAS; AND DECLARING AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
Vote, Miller Mayor e" Hopkins "aye", Chew "aye", Perry "
Castleberry aye Motion carried unanimously "aye'?
and
The Council considered Item 18.
8. The Council considered adoption of an ordinance av
the issuance, sale, and delivery of City of Denton P thoriztem
Revenue Bonds, Series 1993, and arpro
Lility System
instruments and procedures .-elating theretoVing and authorizing
Mayor Pro Tem Hopkin% left the meeting with a potential conflict of
interest.
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bidsdfordaccuracy a d r comet ndedyacceptingtthe bid of P ude tial
Bache.
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The following ordinance was considered:
No. 93-043
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1993, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES '.ELATING
THERETO.
Perry otioned, Chew seconded to adopt the ordinance. On roll
vote, Miller "aye", Chew "aye'$, Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
9. The council considered adoption of an ordinance authorizing
thn issuance, sale, and delivery of City of Dento,i General
Obligation Bonds, Series 1993, levying the tax to pay same, and
thereto.
prototo. and authorizing instruments and procedures relating
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Aorda No
Agendaltertt~ ~ f'?
cite.
City of Denton City Council Minutes
March 16, 1993 t'
Page 11
David Medanich, First Southwest Company, stated that he had checked
all bids for accuracy and recommended the bid from Prudential
Bache.
The following ordinance was considered:
No. 93-044
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1993, LEVYING
THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS
AND PROCEDURES RELATING THERETO.
Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance
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.
Mayor Pro Tem Hopkins returned to the meeting.
Council Member Chew left the meeting with a potential conflict of
interest.
Catherine Tuck, Administrative Assistant, stated this resolution
included the grant to the Federal Transit Administration for
transportation funding in Denton. The grant asked for planning,
capital and operating funds. The capital funds included needs for
the next three years in anticipation of additional funds being
available. It was important to have the grant presented when the
funds became available. The ordinance authorized the City Manager
to file the application and sign the agreement when it returned.
The following ordinance was considered:
No. 93-050
AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATIOV, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 19640 AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Miller "aye", Hopkins "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
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Apanda No
Agenda Itek-,L lz
oa to City of Denton City Council Minutes
March 16, 1993
Page 12
12. Resolutions
A. The council considered approval of 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 March 27, 1993.
k Council Member Chew returned to meeting.
1
Catherine Tuck, Administrative Assistant, stated that this was a
similar resolution to one considered by Council last year. The UNT
police department requested the street closure for traffic control
during the annual Greek Show at the Coliseum. Property owners
would be allowed access to their property if needed.
Council Mc.,ber Perry asked for the number of people involved in the
event.
Tuck replied than there would be approximately 5,000. This was a
ragional event f(,v several states.
Council Member Perry asked how long it would last.
Tuck replied that the event would be over at 30 p.m. The street
would remain closed until 11:00 p.m. in order to make sure the
traffic was under control.
Council Member Perry asked about the security measures involved.
Tuck replied that UNT secured the event. Parking officers would be
at the barricades. No city police would be involved.
The following resolution was considered;
No. R93-0)6
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 MARCH
27, 1993; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Miller seconded to approve the resolution. On roll
vote, Miller "aye", Hopkins "aye", Chew I'aye", Perry "aye", and
Mayor Castleberry "aye". Motic- ^;Irried unanimously.
B. The Council considered app, of a resolution
recognizing the public purposes served by the Tree Power Program.
AgendeNo ` 3
Ageoda* ~e•` I2
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City of Denton City Council Minutes /3,t~/~✓~
March 16, 1993 6
Page 13
Richard Foster, Public Information Coordinator, stated that the
resolution would recognize the tree power program. This program
provided trees to the City's electric customers in order to save
money on summer air conditioning bills and help reduce the peak
demand for power on the electric system. Last year 2300 trees were
distributed. Participants in the program last year indicated that
they were unanimously satisfied with the program.
Mayor Pro Tem Hopkins asked how the public was notified regarding
the program.
j Foster replied that the public was notified through news articles,
cable network spots, posters in various businesses and word of
mouth. To receive a tree, an individual would clip out a coupon or
call a lumber to receive a coupon for a tree. Thera was a limit of
one tree per customer.
The following resolution was considered:
No. R93-017
A RESOLUTION RECOGNIZING THE PUBLIC PURPOSES SERVED BY THE
TREE POWER PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Hopkins seconded to approve the resolution. On
roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution directing
the City Manager to submit a draft of the Municipal Court of Record
legislation to Representative Jim Horn regarding this matter to be
?.ntroduced in the regular legislative session.
City Manager Harrell stated that staff needed direction from
Council on how to frame the legislation.
Mayor Pro Tem Hopkins suggested coordinating any changes with
Carrollton so as to keep the bills the same.
Tanya Cooper, Assistant City Attorney, stated that Carrollton's
bill had already been introduced. There was not much room to make
any changes in their bill at this time.
The following resolution was considered:
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AondsNo
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City of Denton city council minutes
March 16, 1993
Page 14
No. R93-018
A RESOLUTION SUPPORTING LEGISLATION TO CREATE A MUNICIPAL
COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN
ETFECTIVE DATE.
Council Member Miller stated that the resolution indicated that
copies were to be forwarded to specific legislators. He felt
copies should be forwarded to Senator Steve Carriker and
Representative Mary Denny James. He asked that the word "or" be
inserted in the section addressing the selection of judges as
suggested by Judge White.
Perry motioned to approve the resolution and to add Senator
Carriker and Representative James as individuals to receive a copy
of the resolution.
City Manager Harrell felt that with minor wording omissions, the
Representative may be able to make grammatical changes even if the
bill were already filed.
Chew seconded the motion. On roll vote, Miller "aye", Hopkins
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
City Manager Harrell stated that staff would work with Carrollton J
to make the two bills as similar as possible.
J Council Member Chew indicated that the bills should be as similar
as possible with the grammatical corrections including the "or",
the word "clerk" as indicated in the work session and the
"statement of fact".
13. The council considered appointments to the Human Services +
Committee.
Council Member Chew nominated Ce.therine Bell to the Human Services
Committee.
Mayor Pro Tem Hopkins felt that the other vacancy could be taken
care of at a later meeting. Eh, motioned that nominations be
ceased.
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on roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye",
and Mayer Castleberry "aye". Motio!i carried unanimously.
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City of Denton city council Minutes
March 16, 1993
Page 15 l
14. Miscellaneous matters from the City Manager.
City Manager Harrell stated that information had been received on
the plans of the Delta Lodge regarding the Fry Street Fair.
Catherine Tuck, Administrative Assistant, stated that the Delta
Lodge was considering a site on private property located on the
corner of Avenue A and Hickory. There was a parking area behind
the businesses there which was shared by Riprocks and the Park and
Go. Delta Lodge had permission to hold the event in that parking
h lot. The date of the event would be April 17 with hours from 5:00
a.m.-10:00 p.m. The Lodge was aware of the noise ordinance and the
area was zoned general retail. There would be no beer/wine sales
at the event.
Mayor Pro Tem Hopkins expressed concern regarding residents in the
direct area and where participants would park.
Tuck replied that the Lodge indicated that many participants would
be students who would not have cars but also indicated that they
would try and use parking areas from UNT.
City Manager Harrell stated that staff was merely reporting what
information they had received. The Lodge was aware that the
council was not interested in closing streets or waiving the noise
ordinance. The Lodge knew that it would have to find property
zoned correctly and that those restrictions would not be waived.
It appeared that they had done that and that the property was
properly zoned for the use.
15. There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
16. New Business
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The following items of New Business were suggest-ad by Council
Members for future agendas:
i
A. Council Member Perry asked for an update on the opticom
system used in the City.
17. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 5:00 p.m.
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City of Denton City Council minutes care
March 16, 1993
Page 16 D
BOB CASTLEBEKRY, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCOOOF2
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AQVdsN0 -Z-2 -C
CITY OF DENTON CITY COUNCIL MINUTES
March 23, 1993
The Council convened into a Special Call Session on March 23, 1993
in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, and Miller.
ABSENT: Council Member Smith
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1. The Council convened into the Executive Session to discuss:
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A. Legal Matters
1
1. Considered the applications of the City of Denton
and the Bolivar Water Supply Corporation to revise
the water and sewer service boundaries of the
existing Certificates of Convenience; Docket Nos.
9447-C, 9824-C, 9825-C.
B. Real Estate
C. Personnel/Board Appointments
2. The Council received a report and held a discussion regarding
the televising of City Council meetings and the operation of a
government access channel and gave staff direction.
City Manager Harrell stated that Council had asked for a test
filming of a Council session to determine how the televising would
proceed. The tape had been prepared and staff was ready for
Council direction.
Bill Angelo, Director of Community Services, showed the tape of a
previous Council meeting which was done as a demonstration for
Council. Council discussed the placement of the external lights.
Angelo stated that without supplemental lighting, the quality of
the tape was very goo.:. The audio quality was good when taken off
the radio broadcast but the quality was not as good coming directly
off the sound system. The options with this issue included the
televising of meetings, the use of the governmental access channel,
and a joint agreement with the School District. Equipment expenses
would be approximately $20,208 for the televising of the council
meetings, approximately $2500 for the operation of the cameras and
for supplies and approximately $16,323 for the channel operation.
All of the equipment costs would be funded from the Sammons grant.
Mayor Pro Ten Hopkins asked if the DISD was still committed to
sharing the expenses.
I
~endeNo.~
Agenda item ZLL -O
rktte~`~
City of Denton City Council Minutes
March 23, 1993
Page 2 G
t
Angelo replied that the DISD had indicated that if the Council
bought the equipment, they would immediately start a replacement
fund for equipment so that when the equipment needed to be
replaced, they would buy the equipment. After replacement the
equipment would be jointly owned.
Mayor Pro Tem Hopkins asked about other costs.
Angelo replied that the DISD would take care of their own costs for
the televising.
Council Member Chew asked if the $16,000 from the Sammons grant
was a one time charge.
Angelo replied yes that it was estimated that the equipment would
last approximately 10-12 years.
Council Member Chew asked if the $20,208 expenditure was also a one
time expenditure.
Angelo replied yes.
Council Member Brock asked if there would be an intern trained to
operate the equipment under the supervision of City staff.
Angelo replied yes.
Council Member Brock asked about the possibilities of taping
meetings such as the Public Utilities Board and the Planning and
zoning commission and running those meetings on the public access
channel.
Angelo replied that it could be done in the future.
Council Member Brock asked if there would be any prohibitive costp
involved.
Angelo replied that there would be the cost of the taping time and
the cost of the tapes. The hourly rate for the intern would be
approximately $6.50 per hour.
City Manager Harrell stated that there was money in the current
budget for just the council meetings. If the Council wished to do
other meetings, it would have to be a budget issue for any upcoming
budgets.
Council Member Perry stated that the cost for operation and
maintenance was only $2500.
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City of Denton City Council Minutes I S
March 23, 1993
Page 3
Angelo replied that that cost was for the res'. of this year only.
Council Member Perry asked if the $160000 was a one time cost.
Angelo replied that that involved the purchase of two pieces of
equipment. One would he a text scanner for the bulletin board
program and the other would be a light sensitive camera to be used
by various city departments and as a backup for the camera used for
the Council meeting.
Council Member Brock asked about the televising of work sessions.
I
Angelo replied that there might be a problem with the size of room.
If the work session were done in larger room, it would be easier to
televise. It could be done in the current room but it might not be
as professional.
City Manager Harrell stated that that would be a policy decision of
the Council. The DISD had moved their work session items to their
formal board room when the new facility was completed. That might
be a Council decision to do the study sessions in the council
chambers.
Council Member Brock stated that that might be considered when City
Hall was remodeled.
Council
sessions upstairs felt
He waswimpre good
work the quality of the
withg
lighting and sound of the tape. He was in favor of proceeding with
the broadcasting.
Council Member Chew stated that if artificial lights did not have
to be used, the procedure would work.
Council Member Brock stated that it would be a good contribution to
have the DISD change their meeting date to allow citizens to attend
both meetings. She suggested looking into different ways to use
the bulletin board.
Council Mesbar Perry asked if the televising would undo the
broadcast over radio as more people had access to radio than to '
cable.
Angelo stated that it would not affect the broadcasting by the
radio station.
Joe Dodd stated that the Council needed to consider three items.
One was whether the Council material was copyrighted so that it
Vrids No __J/
City of Denton City Council Minutes
March 23, 1993
Page 4
1
r
could not be used for campaign material by others. A second
consideration was to use 3% of the 5% franchise fee for a
continuing maintenance fund. He suggested factoring in the
lifeline service so that a maximum number of people would have the theresw uld be programs. With the
of emphasis on how broadcasting
and newspaper
reported what happened at the meeting.
Consensus of the Council was to
proceed with the project.
3. The Council received a report and held a discussion regarding
proposed amendments to the health food ordinance and gave staff
direction.
Nonie Kull, Manager of Environmental Health Services, stated that
the proposed ordinance outlined procedures and policies already in
use. Her department had met with the Restaurant Association and
the Texas Restaurant Association had mailed notices of the meeting
so the public had an adequate opportunity to speak on the issue.
There was no resistance to the proposed ordinance. However, the
Restaurant Association had asked her to make two points to the
Council. One dealt with the reinspection fee of 50% of the annual
permit fee which was approved in the prior budget. The Association
felt the fee was excessive. The Association also asked that the
proposed ordinance include a section dealing with the basis for the
fee. The fee was based on the number of employees and two part- f
time employees were grouped as one. This was the current procedure 1
used and the Association suggested it be included in the ordinance.
Mayor Castleberry asked about the Association's concern with the
reinspection feu.
Kull replied that the Association felt that the fee was too high
and suggested a possible $15 reinspection fee similar to the fee i
charged by the Fire Department for reinspection.
Mayor Pro Ten Hopkins asked what was the City's response to that
request. {
Kull replied that a reinspection from the Fire Department and from 1
her department were very different. If the Fire Department noted
only one problem, that was the only item reinspected. If her
department had to do a reinspection, a full inspection had to be
done. If it were a larger facility, it could be a very lengthy and
time consuming reinspection.
I
City Manager Harrell stated that it was very seldom that a facility
had to be closed. He asked how often reinspections had to be done.
I~
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A06nda Na
Agelda 1460t_
City of Denton City Council Minutes
March 23, 1993
Page 5
Kull replied that with some businesses, the inspectors might have
t
o go back several times. This was a fee that no one need ever pay
If the
required a uncilliesty we
theefacility scored 75 or below on sthe tinspection.
Council Memb-ir Chew stated that the reinspection fee was not
covering the cost of the reinspection. ''-is was something no one
had to pay unless they were not meeting the standards.
Council Member Miller stated that the fact that the fee was based
on the number of employees was policy but not
proposed ordinance. in included in the
Kull replied correct and that she had asked that it be included in
the ordinance.
Council member Miller asked for a report on the number of
reinspections and the associated fees for the current year.
Consensus of the Council was to proceed with the ordinance.
4 The council received a report and held a discussion regarding
alternative methods to appoint members to the City's boards and
commissions and gave staff direction.
City Manager Harrell stated that staff would
other cities used to deal with the situation of enonlongerebeing procs
able to discuss appointments to advisory boards in executive
session. This must now be done in open session. Staff was looking
for
policyrwouldnbendevel ped with these
eal
council would like prDposed
with appointments to advisory boards. deal
Catherine Tuck, Administrative Assistant, stated that an informal
survey had been done with several cities. There was a variety of
different methods used. Some cities interviewed prospective
candidates with either a subcommittee of the council or with the
full council. This was usually followed by an open session
discussion or appointment. Some cities advertised for applicants
and had applicants complete an application form. These forms
helped develop a pool of interested citizens. other cities had
informal briefings regarding the various duties of the boards or an
informal reception which gave council an opportunity to meet the
candidates. Dallas had a quite different approach in that each
council member we4a assigned a position of responsibility for each
board. when a vacancy occurred on a board, the member assigned to
that position would recommend a replacement.
AC ~ndp No
City of Denton City Council Minutes _
V-Z -
March 23, 1993
Page 6 ~r
Council Membe: Miller asked if the interviews were done in open
session.
Tuck stated that the cities had indicated that they had previously
been done in closed session but now would be done in open session.
The interviews had generally been done in a work session format.
Council Member Brock stated that she had discussed this issue with
a council member from Desoto. Desoto interviewed applicants in
open session which appeared to be very effective.
f Council member Miller felt that an open interview might lima
people who would come forward for board positions. He felt it
I t
I would not be effective in a public arena and that it would be an
impcsition on citizens to go through such a procedure.
I
Council Yember Perry stated that it was difficult to imagine having
people who would not want to participate in such, a process.
Mayor Pro Tem Hopkins felt that it was different serving on a
committee than being elected to a position. There might be the
possibilit of individual wantinglto serve.p he felt that oCouncil tired toibe all
inclusive with the makeup of the boards.
Council Member Chew felt that open interviews might limit the
number of people who would want to serve on committees.
Council Member Miller stated th-3t if the appointment were for some
type of public service' the interviews had to be done in open
session but if it were an employee of city, it could be done in
closed session. There was a need for a
d
fair to citizens who would be considered forcapore which would be siti still
be within the legal ramifica':ions. He felt that the dDallas
procedure might be a procedure to fol:ow. The individual would
still be elected by the whole Council b,•t the nomination would be
made by a specific council member.
Council Member C'iew agreed with possibility o.* following the Dallas
procedure and was not in favor of the interv-ew process.
council Member Brock stated that with the interview process, one
person might be happy and others would be unhappy, she would not
want to have a "ward" process of appointments. In the past the
Council had used an informal appointment process such as the Dallas
system.
ApendaNo '..L-
r?nte._
City of Denton city council Minutes
March 23, 1993
Page 7
Tuck presented an overhead, included in the agenda backup, which
datailed several possible elements for the board/commission
appointment process.
City Manager Harrell felt that there were two different ways to
proceed with the process. One way was a variety of the Dallas
process in which a system would be developed with the advisory
boards to determine places on the boards corresponding to Council
positions. The second was the open selection process.
1
Council discussed how this variety of the Dallas procedure would
not be ward politics as often a member might recommend an
individual who did not live in his district or ask another member
to make a recommendation if he did not have one.
Consensus of the Council was to proceed with a Dallas version which
would work in Denton.
Jerry Cott suggested Council review the number of business people
on the various boards/commissions,
Council Member Miller stated that he favored the application
process and the advertising for applicants. He also favored having
a public meeting to learn about the City's boards/commissions.
City Manager Harrell asked if council would want to keep the
process for the decision making boards the same or fold those
boards in the new process.
i
Consensus of the Council was to do the same procedures for each
board.
Council Member Brock felt that a letter should be sent from the
City Secretary notifying current members that their terms were
expiring.
Council directed staff to prepare a policy which included such
procedures as having the City Secretary send a letter to current
members whose terms were expiring, advertising in the local media
for applicants to the boards/ commissions, requesting all interested
citizens to complete applications including current members, ,
holding a briefing session to learn about boards /commissions,
1
modeling an appointment process similar to the Dallas procedure and
ma%ing final appointments in a regular council meeting.
5. The Council received a report and held a discussion regarding
the city's Opticom System.
ti
City of Denton City Council Minutes
March 23, 1993
Page 8
Jerry Clark, Director of Engineering and Transportation, stated
that in 1990 the City installed an emergency vehicle preemptor
system at nine signalized intersections on three major arterials in
the City. These preemptors allowed emergency vehicles to proceed
through an intersection while stopping all other traffic. The
system sent a light beam from an emitter to a receptacle on a
traffic controller which changed the traffic light to give
emergency vehicles safe passage through the intersection. The
system provided protection to the general public and to emergency
vehicles, improved response times, improved maneuvering through
traffic, minimized the risk of accidents with the emergency vehicle
in intersections and reduced vehicle maintenance as the vehicles
were not subjected to hard accelerating though intersections and
hard stops. The original system was for ambulance response times
around the Central Fire Station on McKinney. The approximate cost
of the original system which was installed in 1990 was $30,000.
Council Member Chew asked if the intersection of Hickory and
Carroll was on the system.
Clark replied that it was not an original priority and would
probably be funded through the ISTEA first set of funding.
Council Member Chew asked if that intersection would be done before
the close of the central Fire Station.
Rick Svehla, Deputy City Manager, stated that the Central Station
would be closed when Station Six was completed. which station would
respond to a call would depend on where the fire was located. It
would also depend on which engines were already out.
Council Member Chew asked that that intersection be made a top
priority.
Svehla replied that that intersection would be in the second year
wouldnd engavailableul In be in
ac1993-94 cording funding t thee State The
schedule.
funding
Council Member Miller asked if the police would be equipped with
the system.
City Manager Harrell stated that the expensive piece of equipment
was the controller. There were many more vehicles to equip for the
police department as opposed to the fire/ambulance equipment.
Svehla stated that it might be an option to include the equipment
in future lease/purchase arrangements for police cars. The cost of
aGandaNa i~ ~ ii
AQendaltem
City of Denton City Council Minutes
March 23, 1993
Page 9
the system was approximately $1500 per unit.
Clark stated that there would have to be a strict policy that the
system would be used only on an emergency basis so as to not cause
traffic problems. Project group 5 was funded in ISTEA which would
cover the central downtown areas and would help with the closing of
the central fire station. Clark reviewed the timetable for the
funding of the projects which was included in the agenda backup.
6. Tabled Items
A. The Council considered a motion to remove from the
table an ordinance amending Chapter 26 of the Code of Ordinances to
e
C of Chapter stablish a stormwater drainage utility system) adopting Subchapter
402 of the Local Drainage); and declari g drainage tombeta `'public (Municipal
for lthe
I purpose of holding a work session discussion on Saturday, March 27,
M 1993.
Hopkins motioned, Brock seconded to suspend the Council's rules of
procedure. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Chew "nay", Perry "aye", and Mayor Castleberry "aye''. Motion
carried with a 5-1 vote.
Hopkins motioned, Miller seconded to remove from the table an
ordinance establishing a stormwater drainage utility system for the
purpose of holding a work session on the item on Saturday, March
27, 1993. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
carrienay lth aerr2 vote", and Mayor Castleberry 'layoff. Motion
With no further business, the meeting was adjourned at 8:05 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS ,
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCOOOF6
1
I
1
"It
CITY
COUNCIL
3
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A 41
f
O
6
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"+4JQ
AANfQI No. ~ '
DATE: April 6,
ogle ~
CITY COUNCIL REPORT GC.JG oZ 9
{
TO: Mayor and Members of tke City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Amending a Detailed Plan in PD #144
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (6-0)
with conditions.
SUMMARY:
Amend a detailed plan in Planned Development #144 to change
building footprints, increase gross floor area of building one
from 3500 sf, to 4800 sf., and amend the landscaping on a 1.63
acre tract located on the east side of Bonnie Brae, approxi-
mately 800 feet south of University Drive.
B CKGROUND:
See P&Z Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Planning and Development Department.
Surrounding property owners.
FISCAL IMPACT:
N/A
Respectfully submitted:
Prepared by: L y V. Harrell
City Manager
Ka n K. F shar , Urban Planner
Approved:
Frank R. Robbing AICP
Executive Dirsctor
Planning and Development
AXXX322
Agenda No . ^ i
Agenda tam- 0-5r19
:ate
PLANNING AND ZONING COMMISSION REPORT
Tot Mayor and }".embers of the City Council
Case No.$ 2-92-031 Meeting DAtet 4/6/93
GENERAL INFORMATION
k
0
Applicants Gossett Construction, Inc.
600 S. Elm
Denton, Texas 76291
(Craig Gossett, Representative)
Current Ownert Marilyn Janke, M.Q.
145 South Forest Ln.
Double Oak, Texas 75067
Requested Aotions Amend a Detailed Plan in Planned Development
144 to change building footprints, increase
the gross floor area of building one from 3500
sf. to 4800 sf. and amend the landscaping
plan.
Looation and Sizes A 1.63 acre tract located on the east side of
Bonnie Brae, approximately 800 feet south of
university Drive.
surrounding Land Use and Zonings
North - SF-101 residential
South - SF-100 Jehovah Witness Church
East - SF-10, residential
West - Agricultural, Razor Property
Denton Development Plant ,
Low Intensity Area
~gendaNo
Agenda fte ~~5 y
Case Z-92-031 note
Page 2 ,~1 X11
o i
1
SPECIAL INFORMATION
The requested amendment 11 have {
transportation, drainage, water/ wastewater, significant fircimpact on
electrical lines, Therefore, no individual comments wwere cincluded
in this report.
i
- - - - - - - - - - - - - - - - -
HISTORY
On Jar.jary 21, 19?1, the City Council approved
the rezoning of this
tract from the Single Family-10 district to the Planned Development
district and approved a Detailed Plan for three medical office
buildings.
On February 24, 1993, the Planning and Zoning Commission conducted
a public hearing on Z-92_031. Due to the drainage concerns of
surrounding neighbors, the Commission added a condition to their
recommendation.
ANALYSIS
- -
As one of the main purposes of a low intensity area is to
protect
and preserve low density single family uses, the detailed plan
approved on January 21, 1991 reflected a site design layout that
appeared to be neighborhood sensitive. According to the Planned
Development district ordinance in the Code of ordinances, one of rove isesuperior to that ofsa straightnzoning distri t in thathit servoous
one (1) or more of the following. -
(1) (1) Provides for a design of lots or buildings, increased
recreation, common or open space for private or public user
berms, greenbelt, trees, shrubs or other landscaping
features;
developmentaplans,aamenitiese u
special benefit to the, ~ or other
or featres that would be of
property users or community;
(2) Protects or preserves topographical features, such as
trees, creeks, ponds, floodplains, slopes or hillst or
aganCallern _~~.5 ~S~A
Case 2-92-031 kitd_`~p
Page 3 el iJ
ANALYBis, continued
(3) Protects and preserves existing historical
structures, features, or places, buildings,
In this particular case number one 1 alies.
shows 56 percent of landscaping in the streetyardThthis r amoun tlis
k more than double what the required. g
th the landscai Is
not increasing, the applicant has mideAsome changes along then rear
property line in order to proviue a better buffer from the
residences.
The increased gross floor area for building one (1) does not
increase the 30 foot height approved for this site, it merely
allows the applicant to finish out the attic area in order to
provide storage that is air conditioned and heated.
The requested change of building footprints is to provide more
flexibility for the architects in designing the final product. The
plan reflects rectangles as building footprints and the recommended
condition is that no building or any part thereof shall be located
outside of this rectangle. Buildings could be any shape but shall
not locate outside of the rectangle.
As there was neighborhood opposition to the last request, the
applicant has visited with those concerned citizens and explained
her proposal. According to the applicant, the neighbors did not
appear to be opposed. Staff, however, has also visited with the
neighbors directly behind this site who still have quite a bit of
concern about the character of the building, the berms behind and
the drainage.
The proposed development is of good site design and represents a and Complieslwith theuse to the
adjacent neihbors. Denton Deveopment This
lan,request
i
RECOMMENDATION
-
The Planning and
Zoning
1) with theconditionat the building number one bet-92-031 (n
order to mitigate increased drainage runoff. guttered in
r
apendlNo. l~ .
ayendaltent,._..~ .~'A ~
Date y-~
Case Z-92-031 ~a 9
Page 4
ALTERNATIVES
1. Approve petition
2. Approve petition with additional conditions
3. Deny petition
4. Delay consideration
ATTACHMENTS
i 1. Location Map
2. Reduced copy of amended Detailed Plan.
3. Reduced copy of amended Landscape Plan.
4. Ordinance 92-014.
5. Copy of P&Z minutes dated 2/24/93.
6. Proposed ordinance.
AXX0020E
1
Agenda uo 99 - o
ATTACHMENT 1 ApAadallAn~~
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AgendalterrL___,e,,,' 5 y
ATTACHMENT 4
~8~_y_ O~3/ a
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM ONE FAMILY DWELLING (SF-10) TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.63 ACRES OF LAND
LOCATED ON THE EAST SIDE OF BONNIE BRAE, APPROXIMATELY 800 FEET
SOUTH OF WEST UNIVERSITY DRIVE; PROVIDING FOR APPROVAL OF A
METAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE
AMOUNT OF
AN EFFECTIVE DATE, S2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
I
WHEREAS, Marilyn Rose Janke has applied for a change in zoning
for 1.63 acres of land from one family dwelling
E development (PD) zoning district classification and use) designation
and for approval of a detailed plan for the district; and
WHEREAS, on December 11, 1991, the Planning and Zoning
Commission recommended approval of the requested change in zoning;
and
WHEREAS, the City Council finds that the change in zoning and
approval of the detailed plan will be in compliance with the Denton
Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S• That the zoning district classification and use
designation of the 1.63 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from one family dwelling (SF-30) to planned development
(PD) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas.
this or n'u• by That Exh Exhibit is, attached to and incorporated into
the district in accordance with Article IV ofeCh ptere 351of the
Code of Ordinances.
SECT- LQN 11Z. That the City's official zoning map is amended to
show the change in zoning district classification.
ordina 0 shall uThat
conviction violating an
$2,000. Each day that a provision of this ordy provision of this
xceedin iolated
inanceoisev
shall constitute a separate and distinct offense,
4gendaNo -D
Agenda*L, .G~ S,~ '
Me - 3 ,
SECTION V, That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official i
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this thEApt day of January, 1992.
i
BOS CASTLEBERR't, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
SYs
{
APPROV AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
lwl
BYI
11
1
Page 2
Apendo No ~Q3
~gendalt~,~,~t5~A „
EXHIBIT A Date LEGAL DESCRIPTION
LOTS 1, 2, 3, 41 5, 50 7, CF BLOCK 1
DALE BROWN ADDITION TO THE CITY OF DENTON
DENTON
COUNTY, TEXAS
I .
I
Agenda No 13
Agendaltena eJ
Date 46 z4j~
i~g
EXHIBIT B ,
Detailed Plan for Bonnie Brae Medical Office Complex:
I
1. Development Information (1 page).
2, site Plan with Development standards (1 page).
~ (1 page).
Landscape Plan
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Development Information
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1. Statement of Intent of Owner. To build and operate
professional medical offices.
2. Relationship to the Mastnr Plan. The plan complies with
the Denton Development Plan.
3. Permitted Uses. The property may be used for professional
medical offices and accessory uses, as defined in Chapter 35 of the
Code of ordinances.
4. Development Standards. As shown on the site and landscape
plans.
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ATTACHMENT s AgendaltM_l ~L__!5
ate rte.
P&2 Minutes
February 24, 1993 a2
Page 3
1
i
III. Consent Agenda:
It was moved by Mr. Glasscock, seconded by Mr. Cooper and 1
unanimously carried to approve the consent agenda as follows:
a. The final plat of Lot 1, Block A, Eagle-Picher Addition.
b. The preliminary and final replats of Lot 30R, Block A of
the Oaks of Township II.
c. The preliminary and final plats of the Catfish King
Restaurant; Lot 1 Block 1 Catfish King Addition.
IV. Hold a public hearing and consider amending a Detailed Plan in
Planned Development No. 144, being a 1.63 acre tract located
on the east side of Bonnie Brae, approximately 800 feet south
of University Drive for the purpose of redesigning building
footprints, increasing gross floor area, and amending the
landscaping.
Mr. Engelbrecht opened the public hearing.
Staff report: Ms. Feshari stated that 24 property owners had
been notified, one letter was received in opposition and no
letters were received in favor.
Ms. Feshari explained that the requested action was to amend
a detailed plan in Planned Development 144 to change building
footprints, increase the gross floor area of building one from
3501 S. F. to 4800 S. F. and amend the lan 'scape plan. The
location of the site is a 1.6 acre tract l cated on the east
side of Bonnie Brae, approximately 800 feet south of Universi-
ty Drive. She stated that the requested amendment would have
no significant impact on transportation, drainage, water/
wastewater, fire protection, or electrical lines.
Ms. Feshari said that on January 21, 1991, the City Council
approved the rezoning of this tract from Single Family-10
district to Planned Development district and approved a de-
tailed plan for three medical office buildings.
Ms. Feshari continued that the main purpose of a low intensity
area is to protect and preserve law density, single family
uses. The detailed plan approved on January 21, 1991 reflect-
ed a site design layout that appeared to be neighborhood sen-
sitive. According to the Planned Development district ordi-
I
agandaNo _ _ •3_,_el
Cite da 3 ~'/J
P62 Minutes
February 24, 1993 7 q
Page 4
nance in the code of Ordironvaences, oneayoutof is the s thupererie or pur
poses
mfustas bterameigthtinzonrdier dti p tAe l
that
oong strict in that it:
1. Provides for a design of lots or buildings; increased
recreation, .ommon or open space for private or public
use; berms, greenbelt, trees, shrubs or other landscaping
features; parking areas, street design or access, or other
development plans, amenities or features that would be of
special benefit to the property users or community.
2. Protects or
preserves topographical features,
3. Protects and preserves existin
structures, features, or 4 historical buildings,
places.
Ms. Feshari stated that the planshowed that 56% of the street
yard would be landscaped, being more than double the existing
landscaping requirements. The applicant also made some
changes along the rear property line in order to provide a
better buffer from the residences. The increased floor area
of building one (1) did not increase the 30 foot height re-
finish out the attic foroadditional sairlconditionedpand heated
storage space.
She stated that the ilitquested change for building footprints
final product. Y for the architects in designing the
Ms. Feshari explained that there was neighborhood opposition,
and that the applicant, as well as Cit: staff, had vieited
with the citizens. The main concern seemed to be the drainage
issue relating to the utility easement located at the rear of
the property.
Mr. Engelbrecht asY.ed if there were any questions for Ms.
Feshari.
Mr. Cochran asked if the 1300 S.F. used for storage would be
an upstairs area and if it would have windows that would face
the neighbors. Ms. Feshari replied that according to the
applicant,it would be used only for storage but there would be
no windows.
AgendeNo
ape3daltem
P&2 Minutes 1~Ie
February 24, 1993
Page 5
Mr. Glasscock asked if the project would increase the drain-
age. Ms. Feshari replied that it would not.
Mr. Engelbrecht had Ms. Feshari point out the 16 foot easement
on the over-head and mentioned that it seemed to have standing
water in it.
i
David Salmon from the Engineering Department said the utility
easement behind the property did hold some water. He also
stated that the city would have city surveyors check the area
and that the city would regrade to help ensure that the
drainage is not a problem.
PETITIONER: Fred Gossett, 500 S. Elm, said that he understood
the neighbors concerns that the project would make the drain-
BonnieoBrae.as ea assuredweveryoneeththe at itt would not create create ea
problem.
Mr. Engelbrecht asked who would be taking care of the utility
easement.
Mr. Salmon said the City would after the project was finished.
Mr. Engelbrecht asked Mr. Salmon to explain how the water was
being taken care of.
Mr, Salmon said that part of the water drains from the church,
located to the south, into the easement.
Mr. Cochran asked if the
parking lot would be curbed.
Mr. Salmon stated that it was going to be curbed and the
grades were to the front of the project.
Mr. Cochran asked what type of roof the building would have.
Mr. Salmon said that the roof was hip style and the building 1
would be guttered.
Mr. Engelbrecht asked if the drainage in the area was taken
care of by the Bonnie Brae storm drains.
Mr. Salmon said yes. He also asked if there was anything
i proposed for CIP. Mr. Salmon said there was nothing scheduled
on the CIP program.
Aoep(a No
€~ta_.._LW_~2~
P&2 Minutes
February 24, 1993
Page 6
Dr. Huey asked about the drain the State Highway Department
had under U.S. 380.
Mr. Salmon stated that the pipe under U.S. 380 was the same
pipe that was put in when the road was Highway 24 and that it
M was not large enough.
Dr. Huey asked when they might widen U.S. 380.
` Mr. Salmon said that it was on the Highway Departments five
I year plan.
Mr. Engelbrecht asked who would be taking care of the utility
easement.
I
Mr. Salmon said that the developer would be responsible for
clean up and damage repair. The city would work on any drain-
age problems afterward.
Mr. Gossett complimented the staff for their efforts in making
the project as compatible as possible in keeping the residen-
tial characteristic of the neighborhood. He said that it was
good to see staff trying to help the neighborhood deal with
its concerns. He explained that he could do nothing about the
water coming from the Razor property but he would take care of
the water from his project. He said that the water would be
redirected. He assured the Commission that he would make sure
that the easement was left clean and that no extra dirt would
be left in it. He said thateven though only 20 percent
landscaping was required to satisfy the landscaping require-
ments, but that he was proposing 56 percent landscaping.
Mr. Cochran asked if Mr. Gossett felt that he had satisfied
the concerns of the neighbors.
Mr. Gossett said that he did not know. He assured everyone
again that the project would not create a problem.
Mr. Engelbrecht asked t.bout a review of the landscaping
between the back and the single family area.
Mr. Yost stated that everything would be native because they
will survive here and look good. Fifty percent would be
evergreen with shrubs like Yaupon Holly and Juniper. He also
said that there would be a series of berms in front of the
building.
Agenda No
Agerdaitem,__ /2,y ~`5fI_
P52 Minutes We- ~~---L
February 24, 1993 2e Page 7 Y"Z~
Or. Huey asked if the berms would have an
drainage impact on the
.
Mr. Gossett said no.
i
In Favor: None were present to speak in favor.
9099-e d, George Watkins, 1128 Stanley, said that he lived
across the street from the property. He pointed out that he
I represented no group other than his wife and himself. He had
lived at this location since 1970 and that his daughter was
born during the time of flooding in the area. He said that
the contractor and the City staff had spent time with the
neighbors but that he felt that they were unable to see what
the neighbors feared. They had not actually watched the
flooding and the drainage problems. He pointed out that the
easement was 16 feet and it was only 17 feet from the easement
to the back of the building. The blue prints did not show
gutters but that the contractor said that he would install
gutters if necessary and that the City staff had assured the
neighbors that the drainage would not be a problem. He said
that looking from the church north it could be seen that the
property owners poured a one (1) foot coni;rete wall to keep
water out. The water crosses Stanley. He stated that he had
no other problems with the project if the water was kept on
the property.
Mr. Cochran said that the addressed. He asked ifMr.~n Waoff tkins o was c nvin ed th tbthe
problem would be taken care of.
Mr. Watkins said that they wanted to believe it and that it
was a critical area of concern.
Mr. Cochran said that the developer intended to install
gutters and drains.
Mr. Watkins said that the developer seemed more than willing.
He stated that he had no other problems if the water could be
contained on the property.
Mr. Engelbrecht asked if there was anyone else present to
speak in opposition.
Lynda Lystad, 2437 Emory, said that she was concerned about
the drainage from Razor Hill. She supplied pictures for the
agenda No.~~ -C//
Agenda ffem`~(/. ~a~
P&Z Minutes c/~q
February 24, 1993 j]
Page 8
Commission to view. In 19680 when there was not a lot of
buildings and during bad rain, the water drained across the
property and down the ditches. Fill dirt was brought in and
the flow did slow down across the property and the excess
water drained down the ditches and Emory Street. She said
that she had pictures of her daughter sitting in waist deep
water in the street. The scary part has been since Bonnie
Brae was resurfaced. Water has collected where cars could not
I get through. There are very few drains on Bonnie Brae. In
five miles there are only 11 drains.
Mr. Cochran asked if the City had made the flooding worse
when it tried to correct the problem.
Ms. Lystad said yes.
Mr. Engelbrecht asked if she and the other residents had met
with or made requests to be part of the CIP.
Ms. Lystad said no, but that she had spoken to David Salmon
sometime ago.
Mr. Engelbrecht told her that things could be done to help.
Mr. Cochran advised her to call the City ai.d get on the CIP
program,
i
Mr. Engelbrecht told her that she could address the staff
after the hearing or call Mr. Robbins.
Mr. Robbins asked Mr. Salmon if anything was currently on the
CIP list.
Mr. Salmon said no.
Mr. Engelbrecht asked if there were other comments.
Nancy Slack, 1121 Stanley, stated that she was really glad '
that this type of project was going up instead of apartments.
There had always been a concern about the drainage. She said
there was a meeting with Ms, Feshari, Mr. Baughman, Jerry
Clark, Dr. Janke, and Mr. Gossett. There was a verbal
agreement to install gutters. The main concern was that the
things that were verbally agreed to were carried out. She
stated that she was assured that any drainage problem would be
taken care of.
Ape!idaNo
hgeodalle%-
P&Z Minutes 4!le
February 24, 1993
Page y ~
Harry Slack, 1121 Stanley, asked about the berms. He said
that they looked like they were going to drop off 7 feet from
the easement. He indicated that he had talked with the fter inenagninconceeer
was t a e bufill dirt was put in. fie said that ilding 5W long with a 10/12 pith to the
roof and a two (2) inch drain. The water was going to come
off the building faster than the drain could accommodate.
There would be more water than the infrastructure could
{ handle.
Mr. Engelbrecht asked if Mr. Slack was
with the neighbors, part of the meeting
Mr. Slack said that he did receive a notice. He also stated
that he had tried on several occasions to get city staff out
to the site. Finally, his wife contacted the City Manager's
office and someone came out.
Mr.
would hgelbrecht said that if to be built according h to plans. He r askedIf here
were any questions.
Mr. Engelbrecht asked where the berms were in regards to the
property lines.
Mr. Gossett said the berms were on the property lines. The
berms were five (5) or six (6) feet long and one and one half
(1 1/2) feet high. If needed, they could possibly move or
remove the berms.
Ms. Feshari said that Mr. Clark a..' Fir. Salmon assurkad her the
berms were for aesthetic purposes only and will not affect
drainage.
G.R. Rawley, 1119 Stanley, stated that he was the
owner farthest to the south. He told the Commission thatrif
p
they would notice the property line they would see that it
took a jog of 20 feet not just five (5) or six (6). There was
a terrace 8 feet long. All of the drainage drains toward him. `
He said that if someone would come out during a heavy rain
they could see the water coming from the
has been done to remove the water. He saidrthatthe hadtbeen
trying to get something done since 1966. He had complained to
t
he City and the CIP program about the drainage. Bonnie Brae
floods
Everyoneoknowsh thate you e.don t Water solve s a as
drainae as the curb.
g problem by
I
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Agenda It&n
P&Z Minutes f>+19
February 24, 1993
Page 10
~
1
damming up the area. Ho stated that his solution would be to '
put in a two (2) foot curb, dig a ditch, and pump the water
back out on the city. It is cheaper than carpet.
Mr. Rawley asked how much longer the woman is
allowed to change her mind.
going to be
A co of buildirmit
that was approved in early January sh edtae buildinggofe35oo
square feet. The building was to be one story.
came back and wanted to put up another buildinit . He The said woman
was tired of being lied to. He asked what was he
next year more square footage, going to be
Mr. Engelbrecht said that the basic size of the building was
not going to change.
Mr. Rawley said that 30 feet is not a one story building.
Maybe in the Alps but not in Denton,
Mr, Rawley said that he hoped that this body has a little snore
guts and would block the lady. He said that Planning and
zoning approved the plan and that some of the people on the
council voted against it. He hoped that they would develop a
little more caring for the neighbors. He stated that he could
get more compassion from a street walker, He also asked what
they were going to allow next, renting rooms by the hour,
Mr. Englebrecht asked if there were any more comments.
Carl Spindle, 1200 Stanley, said that he has lived next door
to Mr. Watkins since 1980- People fail to understand the
flooding. He said that he did not want to go back in time,
Just make sure it is not going to make the drainage worse.
The drainage did get better after Bonnie Brae was finished.
He said that his main concern was that this project might put
water back on the residents, The drain did not seem to be
large enough during a heavy rain. He said that the water
stops on Bonnie Bras, crosses back over by the church and
flows down Stanley. He said that they still had some doubts,
but would be willing to work with the developer to see that
this does not happen. He said that he felt that the project
would be good for the area if the drainage does not become a
problem,
Mr. Cochran asked if Mr. Spindle liked the project but just
needed some reassurance that the drainage would not be a
problem.
1
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Apanda Na
AWdaltoRz 5fI
P62 Minutes
February 24, 1993l~
Page 22 G~7 I
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Mr. Spindle said yes.
i
Recommendation, Ms. Feshari stated that the staff reccmmended
approval of case 2-92-031.
Mr. Cochran asked Mr. salmon how the City was pro osin to
take care of the problem and how soon, p g
Mr. Salmon replied that the City surveyors would go out after
the building is complete and the contractor has cleaned up the
site. The surveyors would determine the low area and the city
would do what grading is necessary to make sure that water
does not stand.
Mr. Bucek, Assistant City Attorney, said that it needed to be
made clear what the City can and can not do. The City can not
contract to do anything. It is relying on the engineers hired
by the applicant, to let them know that the project will be
okay. If it does not work and the project does cause the
property to flood, the property owners have the right to sue
t
he owners of the project. The city is here to make sure that
the
general iflooding i sue ec The sit n d d nthi ots creates a' not the
they are trying to do a better job. problem,
Mr. Salmon stated that the area is in a zone A flood zone.
The topography of the area is so flat that water could stand
J before it would run off. During a ten (10) year storm the
culvert under University is not large enough and the water
would bottleneck at Highway 380 no matter what.
Mr. Engelbrecht asked what the City has done to help,
Mr. Salmon said the only thing would be to go and iall
additional drains before the State does. T xasidrainageslaws
will not allow you to change the flow from one drainage area
and direct it to another.
Mr. Engelbrecht said that they were askin '
the Commission could better understand, g questions so that
Rebuttals Mr. Gossett said that he was sorry if anyone felt
like they had been lied to. The 30 foot building is typical
h for Denton. He stated that if the project were homes it would
probably have been seven (7) single family homes with 21,000
square feet of roof space compared to 10,000 square feet of
i
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II
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Agendalte
Feb
P&Z Minutes
February 24, 1993
Page 12 l
roof space where drainage is controlled. He stated that the
neighbors were addressing a problem that has been ongoing for
years. This project has not caused the problem. He asked
that the commission give the project favorable thought.
r
Mr. Engelbrecht said that a couple of folks asked about
gutters and how Mr. Gossett would feel about that being a
condition.
Mr. Gossett agreed and said that no water would run off the
buildings and it would drain to the rear.
Mr. Engelbrecht said that he had lived on a street where water
stood curb deep. He said that he was aware that drainage
problems existed but did not feel that this particular project
would add to the problem.
Dr. Huey said that she empathized with the neighbors, but that
there had been assurances from several sources that the
project would not impact the drainage.
Mr. Engelbrecht closed the public meeting;
Decision= Dr. Huey moved to approve 2-92-031 to PD with the
condition that the building be guttered. Mr. Cochran seconded
the motion and it carried unanimously.
Mr. Engelbrecht asked that the residents of the area maintain
contact with city engineers and submit for CIP.
V4 Sigma Chi/Wattam Addition.
a. Hold a public hearing and consider rezoning a .758 acre
tract from the single Family 7 district to the Planned
Development district on property located at the northwest
corner of Collins and Welch for the purpose of a frater-
nity meeting hall (no residences).
Mr. Engelbrecht opened the public hearing.
Staff Report Ms. Feshari stated that 24 property owners
had been notified. Three letters were received in favor
and one letter was received in opposition.
Ms. Feshari read the staff report (attached)
J,\WPDOCS\ORD\JANXr.oRD
Agenda No
A,gMallem k~ f)
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON
92-014 TO PROVIDE FOR A CHANGE IN~THEX DETAILED PLAN RFOR PLANNED
DEVELOPMENT (PD) NO. 144 ZONING DISTRICT
DESIGNATIONS CLASSIFICATION AND USE LOCATED ON AND IMPOSING A CONDITION FOR 1.63 ACRES OF
_ THE EAST SIDE OF BONNIE BRAE, APPROXIMATELY 800
SOUTH OF WEST UNIVERSITY DRIVE- LAND
MAXIMUM AMOUNT OF , PROVIDING FOR A PEN FEET
AN EFFECTIVE DATE $2,000 FOR VIOLATIONS THEREOF• PENALTY IN THE
, AND PROVIDING FOR
WHEREAS, Gossett Construction, Inc., on behalf of Marilyn Rose
Janke, has applied for an amendment to the detailed plan set forth
in Ordinance 92-014 for 1,63 acres of land in planned development
(PD) no. 144 zonin
agrees to the imposition Of alconditionlfor the districtatand and
WHEREAS, on February 24, 1991
sionIa ftera public hearing, recommendedlapproval ofZthen
casi an
WHEREAS, the City council finds that the
will be amended detailed plan
THEREFORE,
in compliance with the Denton Development Plan; NOW,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
a planneSE aTrp That Ordinance No. 92-
therein Bevelopment district for 1.61 a014iroval of
cres ofvlandgaspdescriLed
for p ' ihereby amended by approval of a revised detailed lan deve detailed plan attach d t district no. 144p
as described in said
by reference. The propert Exhibit 'AI' ' incorporated herein
used, and maintained in accordance with the a hereto property therein described shall be constructed,
and shall be subject to the following additional
approved detailed plan,
condition:
1• The building identified as No. 1 on the detailed plan
shall be guttered,
TIO,N Ir That the provisions of this ordinance as to the 1.63 acres shown in the detailed plan herein approved,
they
shall govern and control over any conflictin
nance No. 92-014, but all the
Ordi-
provi 9 provision 14 athey apply to that remaining sions of Ordinance No. 92-014 as
amended, shall continue in foce portion of and effect and shdistrict notpply to the of said district, herein
I to Ord- NIO That a co
92-014 pY of this ordinance shall be attached
showing the amendment herein approved.
Agenda No
Agenda lts t __~f~'
08te._V_ ~,qJ
`
;7ECTION rv ~ 7not exceeding
ordinanc upon conviction,v of finedaayusm vis on of this
$2,000.00, Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECT~~ That this ordinance shall become effective
days from the d
fourteen (14) ate 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
1993. day of
BOB CASTLEl I ERRY, MAYOR I
ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
BYI
+PPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:~~r C., X
PACE 2
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DATE: April, 6a0
I Date. /
C TY COUNCI . REPORT st~'G / ty{ 7
TO: Mayor and Members of the City Council J
FROM: Lloyd V. Harrell, City Manager
I
SUBJECT: Z-97-007, Rezoning for Sigma Chi Fraternity ,
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (6-0).
SUMMARY:
A request to rezone a .758 acre tract from the Single Family-7
district to the Planned Development district and approval of
a detailed plan on property located at the northwest corner of
Collins and Welch Streets for the purpose of a fraternity meet-
ing hall (no residences).
BACKGROUND:
See P&Z Report
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Planning and Development Department.
Surrounding neighbors.
FISCAL_IMPACT:
N/A
Respectfully submitted:
Prepared by: 4LIyd Harrell
City Manager
en K. resharl, Urban Planner
Approved:
_I
Frank 4.HRbins AICP
Executive Director
Planning and Development
AMr00l23
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PLANNING AND ZONING COMMISSION REPORT
To: Denton Planning and Zoning Commission
Case No.s Z-93-003 Meeting Dater April 6, 1993
GENERAL INFORMLTION
-
Applicants Sigma Chi Ftouse Corp. of North Texas
P. 0. Box 1489
Denton, Texas 76202
(Jay Minton, representative)
Current owners Fellowship church of Christ
RFD 5, Boy: 194-A
Denton, Texas 76201
(Ann Banks, representative)
Requested Actions Reaoning of property from the Singlo Family
seven (7) district to the Planned Development
district for the purpose of a fraternity
meeting hall (no residence).
Location and Sizes A .758 acre tract located at the northwest
corner of Welch and Collins Streets.
surrounding Land Use and Zonings
i
North - SF-7, Residential/Apartments
South - SF-7, Residential
East - MF-1, Residential
West - SF-7, Residential
Denton Development PZans
Low Intensity Area.
AgendaNo
Agenda terq
w'e V _
Case Z-93-003
Page 2 ~J
BPFCIAL INFORMATION
Transportation:
• Existing rights-of-way on Collins and Welch Streets are
adequate. Both streets are improved so no paving improvements
are required.
• Sidewalks as shown are acceptable.
• As this property is almost completely surrounded by lay down
curb, curbing will need to be dowelled into the existing curb
and ;standard drive approaches will need to be established.
Utilities:
Water: There is an 8 inch line available on Collins and a 6
inch line available on Neff.
Wastewater: There is a 6 inch sewer line available on Welch Street
and a 6 inch line on Collins; however, this particular
line is currently overloaded.
Fireflow: There is an existing fire hydrant at the corner of
Neff and Collins. Fireflow is more than adequate for
the proposed development.
Electric: Electric service is available from existing facili-
ties. If the fraternity plans for additional electric
load or a change in voltage at the building, the
electrical engineering department should be notified
in advance to work out details.
Drainages
• As this is already developed property, the impervious area will
not change, therefore, no public drainage improvements will be
required.
agenda No 93-0//
Agenda lienz--Z"s
Case Z-93-003 lbIe__%3
Page 3 7 7
- - - - - - - - - - -
HISTORY
All records indicate this property was zoned SF-7 in 1969 via the
adopted zoning map. The building however, was built
before this and was utilized as a sometime
various religious organizations ha grocery store. located y here.
Since then,
ANALYSIS
i _
This property is in a low intensity area. Although the Denton
Development Plan allows for small scattered nodes of nonresidential
uses within these areas, the primary focus is given to protection
and preservation of residential uses.
In analyzing the criteria for nonresidential uses in a Low
Intensity area the following are considered:
1. Strict site plan control. Developments must maintain the
character of the area with architectural design and
landscaping.
As this structure has been in existence for numerous years
functioning either as a grocery store or a church, achiev-
ing the architectural compatibility may be difficult.
However, the applicant is proposing increased landscaping
and screening in order to mitigate any negative impact.
2. Traffic design to ensure that multi-family and nonresiden-
tial uses have access to collectors or larger arterials
with no direct access through residential (local) streets.
Welch is considered a collector street, however Collins is
currently a local (residential) street but is planned as a
collector to the intersection of Welch. At this point,
heading west, it will maintain a local street designation.
Given the character of this area, the drive approach as
shown, is acceptable as a I'orie-wayll.
3. The overall density/intensity standard is not violated.
This site is currently allocated 69.93 trips based on
institutional use (.758 x 85). As this property is only
intended for a meeting hall with no residential uses, the
~genraNo
Agenda I I em i_?L
Case Z-93-003
Page 4 r~
ANALYSIS, continued
intensity allocation remains the same as a fraternity is
considered an institutional use.
4. Sufficient green space, recreational facilities, and
diversity of parks are provided.
i
Required streetyard and landscaping is 20%. Most of this
site is considered in the streetyard. The detailed plan
reflects 38 percent of the streetyard landscaped.
i
5. Input into planning by neighborhood associations and
councils is encouraged.
The applicants have conducted two (2) neighborhood meetings
with only two residences appearing. Staff has not heard
any negative feedback from the neighborhood.
6. Concentration/Separation policy is not violated.
The concentration/separation policies are satisfied as the use of
a grocery store or church, has been in existence prior to 1969.
Staff has concern over the required and
provided parking. Accord-
ing to the parking regulations, this type of use is considered
public assembly, parked at one (1) space per three (3) seats.
Currently there are 35 members of the fraternity, however, at times i
there may be as many as 120 people in the building. Thus 40 spaces
would be required. Fraternities generally generate quite a bit of
traffic but to be assured of reduced parking problems the applicant
has agreed to a condition which would limit the occupancy of the
building to 120 maximum. In addition, staff is recommending 1
another condition, like that imposed on the Alpha Delta Pi Sorority
(Ave A), that no on-street parking be allowed on either Collins or
Welch by the persons utilizing the building. In otherwords, all
parking must be contained on-site.
i
The fraternity has worked closely with the
west and has agreed to increase the wooden r screening owner
the
standard six (6) feet to eight (8) feet as well as adding a dense
type of evergreen shrubbery along the fence line. Staff believes
the applicant has tried to mitigate any negative impacts this type
of use would have on the community.
~gendaNo 3-
Agendaltem I 0,51
Case Z-93-003 7
Page 5
ANALYSIS, continued
i~
In order for the City to be able to manage the proposed use in a
residential area, the Planning and Zoning Commission has considered
specific conditions and is of the opinion if they are approved as
part of this request, the proposed use would be in compliance with
the policies of the Denton Development Plan. Staff is proposing
the additional condition to be considered:
j Hours of operation shall be:
7 a.m. - 11 p.m. Sunday - Thursday
7 a.m. - 12 a.m. Friday 6 Saturday
I
RECOMMENDATION
The Planning and Zoning staff recommends approval (6-0) of Z-93-003
with the following conditions:
1. Maximum occupancy of the structure shall be limited to 120 I
peoplet
2. No on-street parking on Collins or Welch will be permitted
by members of the Fraternity or guests of said memberst
3. Hours of operation shall be:
Sunday - Thursday - 7 a.m. - 13 p.m.
Friday - Saturday - 7 a.m. - 12 a.m.
ALTERNATIVES
1. Approve petition
2. Approve petition with additional conditions
3. Deny petition
4. Delay consideration
lip, IF
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Aorda No 0411
Agendaltem
Case Z-93-003
Page 6 ~
1
ATTACHMENTS ;
i
1. Location Map
2. 8 1/2 x 11 reduced Detailed Plan
3. Land Use Chart, Appendix A of Denton Development Plan
4. Minutes of P&Z meeting of February 24, 1993
5. Proposed ordinance
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ATTACHMENT I ~~69d211C~I ~C7
Z-93.003 Sigma Chi Meeting Hall
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DETAIL PLAN OF
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ATTACHMENT
3.0 A STANDARD NEIHODOLOGY FCR LYTENSITY rALCULATIONS. AaardaNO
aaentlallen~
3.1 Trip Generation .
Intensity is measured by, the number of -vehicle trips that are
[ J
attracted or generated by a particular development in trips per day
per acre. (t/d/sc). The average trip generation rates by lead use
category given in Table I have been adopted after reviewing trip
generation rates published by the Institute of Transportation I
Engineers (IIE), the Arizona Department of Transportation and
local/regional data.
i
Since the average trip generation rates are used to measure the
Intensity of land uses in a particular area, average trip rates are
referred to as 'intensity trips' and the area is called an
'intensity aces'. The standard methodology for Intensity
calculation keeps track of the trips generated by existing
developments and potential future developments in the various
Intensity areas.
The Plan designates three types of intensity areas with specific
intensity allocations in trips per day per acre. Low intensity
areas are allo:ated 60 t/dJac. Moderate activity centers are
i, allocated 350 t/d/ac. Thy major activity centers have no limits on
the number of trips generated by land use developments.
Accordingly, an analysis of intensity for a development is a major
activity center is not done.
TABLE I: TRIP GENERATION RATES BY LAND USE CATEGORY
Load Use j Trip Generation I Average Level I Average ~
Category I Factor (Der unit) I of Develo sent I Tri s/Acre
Simla Paaily SF-16 10 Trips 2.Q units ac 20 _
Single Paaily SF-13 1 Trips 2.5 units ac 25
Sinile Ptmily SF-1 1 Trips T .0 units a0 30
S!n le Psal1 9P-7 10 Trips 4.20 units ac 42
Moblla )times 10 Trips 8 units/at I so
I
Duplex 10 Trips- units ac
Nulti-faasly NF- Trips 12. unite ac 10 -100
Multi- sally 37-1 8 Trios 25 units ac
Iaatitutloaal 3s Trice-1.000 s 2 439 s ' k 85
Industrial 6 Tr! -i 9S U 17,424 s ac
0 ics Goverosent 1 Tri s-1 s 84-16C
coasarelal letbil 6 Tri s-1 s 1 s se 63T-
Parks
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Agenda No ~L
Agenda IM-2 I fI6 /I
ATTACHMENT 4 rb18 - f -
P&Z Minutes
February 24, 1993
Page 12
1
roof space where drainage is controlled. He stated that the
neighbors were addressing a problem that has been ongoing for
years. This project has not caused the problem. He asked
that the Commission give the project favorable thought.
Mr. Engelbrecht said that a couple of folks asked about
gutters and how Mr. Gossett would feel about that being a
condition.
Mr. Gossett agreed and said that no water would run off the
buildings and it would drain to the rear.
Mr. Engelbrecht said that he had lived on a street where water
stood curb deep. He said that he was aware that drainage
problems existed but did not feel that this particular project
would add to the problem.
Dr. Huey said that she empathized with the neighbors, but that
there had been assurances from several sources that the
project would not impact the drainage.
i
Mr. Engelbrecht closed the public meeting:
Decision: Dr. Huey moved to approve 2-92-031 to PD with the
condition that the building be guttered. Mr. Cochran seconded
the motion and it carried unanimously.
Mr. Engelbrecht asked that the residents of the area maintain
ontact with city engineers and submit for CIP.
V. Sigma Chi/Wattam ddition.
a. Hold a public hearing and consider rezoning a .758 acre
tract from the Single Family 7 district to the Planned
Development district on property located at the northwest
corner of Collins and Welch for the purpose of a frater-
nity meeting hall (no residences).
Mr. Engelbrecht opened the public hearing. j
gjafL&~-2gX
t.L
: Ms. Feshari stated that 24 property owners
had been notified. Three letters were received in favor
and one letter was received in opposition.
Ms. Feshari read the staff report (attached)
r
i
Agendaltstn
P62 Minutes
February 24, 1997
Page 13 (J
i
I
Originally Staff was recommending a fourth condition
regarding litter control. However, the Legal Department
does not believe this condition is necessary as there are
City ordinances and state laws already
property. governing the
Recommendation: Ms. shai ate that staff recom
approval °f Z-93-003 with rthetfoll wing o ditionsmended
1. Maximum occupancy of the structure shall be
limited to 120 people;
2. No on-street parking on Collins or Welch will be
f permitted by members of the Fraternity or guests
of said members;
3. Hours of operation shall be:
Sunday - Thursday - 7 a.m. - 11
Friday - Saturda m
Y - 7 a.m. - 17. a a..m.
.
Dr. Huey asked about litter, Ms. Feshari said that litter
was not a problem because of state laws.
Mr. 6ucek said that the State passed injunction relief to
help enforce. Neighborhood complaints can be dealt with
through this state law.
i
ttl€ t ioner. . Mr. Minton, Chapter Advisor, said that he was
toymeett so ethat~they can dor. evelop Youndng b come peed r a place
citizens. He explained that the structure had product ive
masonry walls which would help curtail the noise. !
Dr Huey asked where the young
said that they meet on Sunay emen meet . Mr, Mi
in session.
venings whenwchurch isnnot
1
In_ Faye No one else was present to speak in favor of
the petition.
No one was
present to speak in opposition.
Mr. Fngelbrecht stated that they had already received the
staff recommendation. He closed the public hearing and
asked if there were further
q', stions. 1
AwdaNo
Agenda ilem~.L! s ~s G
P&Z Minutes J
February 24, 1993
Page 14 Decision: Mr. Glasscock moved to recommend approval of
the rezoning of a 758 acre from SF-7 to PD with the
conditions recommended by staff. It was seconded by Mr.
Cooper, the motion unanimously carried (6-0).
b. Consider the preliminary plat of Lot 8R, Block 3, Wattam
Addition being a replat of the eastern half of Lot 7 and
all of Lot 8, a 0.'i8 acre tract located at the northwest
corner of Collins and Welch.
aft Rc.:~ ft, Ms. Feshari said that no paving improve-
ments ar, required and sidewalks are adequate. There is an
8 inch wa er line available on Collins and a 6 inch water
line available on Neff. A 6 inch sewer line available on
Welch Street and a 6 inch line on Collins; however, this
particular line is currently overloaded. There is an
existing fire hydrant at the corner of Neff and Collins.
Fire-flow is more than adequate for the proposed develop-
ment. Electric service is available from existing facili-
ties. If the fraternity plans for additional electric
load or a change in voltage at the building, the Electri-
cal Engineering Department should be notified in advance
to work out details.
No public drainage improvements will be required.
I
Currently this property is zoned SF-7 and the existing
structures hold a non-conforming status. A request to
rezone this tract to the Planned Development district for
the purpose of a Fraternity Meeting hall is being pro-
cessed concurrently. The applicant is proposing to remove
the existing residential dwelling and utilizing this space
for additional parking. No expansion of the larger
structure is being proposed.
The preliminary replat conforms to the minimum require-
ments of the Subdivision and Land Development Regula-
tions; Chapter 34 of the code of ordinances.
Aecommenda ion: Ms. Feshari stated that the Development
Review Committee recommended approval.
Aecision• Mr. Willis moved to recommend approval of the
preliminary replat of Lot 8R, Block 3 Wattam Addition. It
was seconded by Dr. Huey and carried unanimously (6-0).
J3\wPd0c8\ord\9igma.ord 4Q9fl~IhC
Apendal?~ ~~S
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR .758 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF WELCH STREET AND COLLINS STREET FROM SINGLE
FAMILY-7 DWELLING DISTRICT (SF-7) TO PLANNED DEVELOPMENT (PD) ;
- PROVIDING FOR THE APPROVAL OF A DETAILED PLAN; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sigma Chi House Corporation of North Texas has
applied for a change in zoning for .758 acres of land from Single
Family-7 Dwelling District (SF-7) to Planned Development (PD)
zoning district classification and use designation and for approval
of a detailed plan for a chapter meeting hall; and
WHEREAS, on February 24, 1993, the Planning and Zoning Com-
mission recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
r SECTION I. That the zoning district classification and use
designation of .758 acres of land described in Exhibit "A" attached
and incorporated into this ordinance by reference is changed from
Single Family-7 Dwelling District (SF-7) to Planned Development
(PD) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas.
SECTIL That Exhibit "B", attached to and incorporated
into this ordinance by reference, is approved as the Detail Plan
for this district.
~ $EC"I'ION III
con^ dins; That the district shall be subject to the fol-
lowing
Fraternity members or guests of the fraternity shall
not use on-street parking while attending chapter
meetings and functions.
2. Maximum occupancy of the structure shall be limited to 120
people.
3. Hours of operation of the meeting hall shall be:
' Sunday - Tnursday 7:00 a.m. - 11:00 p.m.
Friday - Saturday 7:00 a.m. - 12:00 a.m. j
A30rda No
Aq?eda 118~.,t~S_~~
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,~£CT- I- ON IV That the City's official zoning map is amended to ,
show the change in zoning district classification.
ECI'ION V {
That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$20000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be twice in papersofdthe City ofeDeDenton nton, Record-chronicle, t (10) official days of news-
the
date of its passage.
PASSED AND APPROVED this the day of
1993.
I
BOB CASTLEBERRY, MAYOR 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM;
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY:/'lG /1 i1 e1i' ~Jt~ e
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Page 2
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40andlNo D
EXHIBIT "A" Agodaltsm_ S
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FIELD NOTES TO 0.758 ACRES IN, THE WATTAM ADDITION, CITY OF l~
DENTON, TEXAS
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE EUGENE PUCHALSKI SURVEY ABSTRACT 996, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS AND BEING ALL OF LOT 8 AND THE
EAST 1/2 OF LOT 7. BLOCK 3 OF THE WATTAM ADDITION TO THE CITY OF
DENTON AS SHOWN BY THE PLAT RECORDED IN VOLUME 8E PAGE 526 DEED
RECORDS OF DENTON COUNTY, TEXAS AND BEING THE SAME TRACT AS
DESCRIBED IN A DEED FROM GEORGE W. GARRETT AMD WIFE, ELIZABETH
REVES GARRETT TO THE ELDERS OF THE CHURCH OF CHRIST AT DENTON ON
THE 30TH DAY OF AUGUST, 1978 RECORDED IN VOLUME 910 PACE 947 DEED
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULALY
DESCRIBED AS FOLLOWS;
BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF LOT 8 BLOCK
3. ON THE NORTH LINE OF COLLINS STREET AND THE WEST UNE OF WELCH
STREET;
THENCE SOUTH 88 DEGREES 33 MINUTES 40 SECONDS WEST WITH THE
NORTH LINE OF COLLINS STREET A DISTANCE OF I6L25 FEET TO AN IRON
PIN;
THENCE NORTH 00 DEGREES 00 MINUTES 50 SECONDS WEST A DISTANCE OF
206.55 FEET TO AN IRON PIN;
THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF
161.25 FEET TO AN IRON PIN AT THE NORTHEAST CORNER OF LOT 8, ON
THE WEST LINE OF WELCH STREET;
THENCE SOUTH WITH THE WEST LINE OF WELCH STREET A DISTANCE OF
203.25 FEET TO THE POINT OF BEGINNING CONTAINING IN ALL 0,758
ACRE OF LAND.
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CITY COUNCIL REPORT not
DATE: April 6, 1993
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN
ORDINANCE WITH REGARD TO THE ANNEXATION OF 3.85 ACRES
OCATED EAST OF I-35 AND SOUTH OF MILAM ROAD. (First
L
Reading)
$ECO ENDAT ON:
The Planning and Zoning Commission recommends adoption. (7 - O)
UMMARY•
An ordinance annexing 3.85 acres located east of I-35 and south of
Milam Road is attached (Attachment #1). Exhibit "All of the
ordinance contains the legal description of the tract to beannexed.
The service plan, included in exhibit "B" provides for the extension <
of full municipal services to the tract to be annexed.
City charter (Section 1.03, Extension of City Limits) requires a
vote of not less than six members (four-fifths) of the City council
to take action with regard to the extension of the city limits.
I
BACK_OMU NQ:
The owners of Loves Country Stores propose to renovate and expand
the existing restaurant and gas station on the site. Part of the
site abutting the Service Road is located in the city limits,
Platting and zoning of this tract is currently in progress.
City Council held the first and second p g
to the proposed annexation on March public hearing with regard
respectively. No one spoke in o and March 16, 1993,
pposition to the proposed annexation. ,
PROGRAMS- DEPARTMENTS OR rROUpSF~CTED:
All city service departments including utilities, and Environmental Health,J Parks and Recreation Fire, and P LibrarySolid Waste,
agendaNo._' 4
Agenda Item,&:5 014 L
Date
FISCAL IMPACT:
The annexation and ultimate development of this tract will
expand the city's tax base.
Respectf lly submitted:
r _
Prepared by:
to d V. Harrell
4, N Pew City Manager
Harry N. Persaud, AICP
Senior Planner
d•
A rove
Frank H. obbins, AICP
Executive Director
Planning and Development
Attachment 01: Annexation ordinance with legal description and
service plan
Attachment q2: Location map.
r
J:\WPD0CS\0RD\A4NEX.0RD ii
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 3.85 ACRES OF
LAND LOCATED EAST OF AND ABUTTING THE I-35 SERVICE ROAD, SOUTH OF
MILAM ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY;
APPROVING AGRICULTURE (A) DISTRICT ZONING CLASSIFICATION AND USE
DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR
EFFECTIVE DATE VIOLATIONS THEREOF; AND DECLARING AN
.
WHEREAS, public hearings were held in the Council Chambers on
March 2, 1993 and March 16, 1993 to allow all interested persons to
state their views and present evidence bearing upon this
annexation; and
WHEREAS, annexation proceedings were instituted for the prop-
erty described herein by the introduction of this ordinance at a
meeting of the City Council on April 6, 1993; and
WHEREAS, this ordinance has been published in full one time in
the official newspaper of the City of Denton after annexation pro-
ceedings were instituted and thirty days prior to the City Council
taking final action, as required by City Charter; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the land described in Exhibit "A", attached
hereto and incorporated herein by reference, is annexed to the city
of Denton, Texas.
SECTION II, That the Service Plan attached as Exhibit "B" and
incorporated herein by reference, which provides for the extension
of municipal services to the annexed property, is approved as part
of this ordinance.
Agri-
culture That the classification property
use temporarily zoned under gthe
comprehensive zoning ordinance of the City of Denton, Texas pending
permanent rezoning of the property,
SECTION LY.,, Should any part of this ordinance be held illegal
for any reason, the holding shall not affect the remaining portion
of this ordinance and the City Council hereby declares it to be its
purpose to annex to the City of Denton all of the real property
described in Exhibit "A" regardless of whether any other part of
the described property is hereby effectively annexed to the City.
If any part of the real property annexed is already included within
the city limits of the City of Denton or is within the limits of
any other city, town or village, or is not within the
Agend311en~
G
City of Denton's jurisdiction to annex, the same is hereby excluded
from the territory annexed as Esl21y as if the excluded area were
expressly described in this ordinance.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION Y3 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.
Introduced before the City Council on the day of
, 1993.
PASSED AND APPROVED this the day of
, 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYs
APPROVED AS T1 LEGAL FORM:
DEBRA A. DRAYOVYTCH, CITY ATTORNEY
By., PAGE 2
~lelda No ~ - c
EXIIIBIT "All
FIELD NOTES TO 3.8534 ACRES IN THE JOHN AYERS SURVEY ABSTRACT
2, CITY OF DENTON# DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE JOHN AYERS SURVEY ABSTRACT 2, CITY OF DENTON, DENTON
COUNTY, TEXAS, BEING PART OF A (CALLED) 13.7027 ACRE TRACT AS
DESCRIBED IN A DEED FROM STUCKEY'S INC., A DELAWARE CORPORATION,
TO MUSKET CORPORATION, AN OKLAHOMA CORPORATION ON THE 37TH DAY OF
APRIL, 1985, RECORDED IN VOLUME 1630, PAGE 42, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A RIGHT-OF-WAY POST AT THE SOUTHWEST CORNER OF A
0.70 ACRE TRACT DESCRIBED IN A DEED FROM STUCKEY'S INC. TO THE
STATE OF TEXAS, FOR RIGHT-OF-WAY PURPOSES, ON THE 27TH DAY OF
OCTOBER, 19750 RECORDED IN VOLUME 6130 PAGE 127, DEED RECORDS OF
DENTON COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 55 MINUTES 17 SECONDS EAST WITH THE SOUTH
RIGHT-OF-WAY OF F.M. ROAD 3163 (MILAM ROAD), A DISTANCE OF 150.0
FEET TO AN IRON PIN;
THENCE SOUTH 00 DEGREES 04 MINUTES 43 SECONDS WEST A DISTANCE OF
265.0 FEET TO AN IRON PIN;
THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS WEST A DISTANCE OF
155.00 FEET TO AN IRON PIN;
THENCE SOUTH 00 DEGREES 13 MINUTES 23 SECONDS
442.42 FEET TO AN IRON PIN; EAST A DISTANCE OF
THENCE NORTH 90 DECREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF
217.23 FEET TO TF:E PRESENT CITY LIMIT LINE OF THE CITY OF DENTON,
TEXAS, BEING 250.0 FEET PERPENDICULAR FROM THE CENTERLINE OF
INTERSTATE HIGHWAY 35;
THENCE NORTH 00 DEGREES 08 MINUTES 53 SECONDS EAST ALONG SAID
CITY LIMIT LINE, BEING 250.0 FEET FROM AND PARALLEL WITH SAID
HIGHWAY CENTERLINE, A DISTANCE OF 591.09 FEET TO A CORNER)
THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS EAST WITH SAID
RIGHT-OF-WAY A DISTANCE OF 217.93 FEET TO A WOOD RIGHT-OF-WAY
POST;
THENCE NORTH 00 DEGREES 40 MINUTES 24 SECONDS EAST WITH THE EAST
OF
GBEGIINNING CONTA NING IN ALL53 8534OACRES.OF LAND THE POINT
AondaNo
Apida IteTp_-_. c~'~ ~
Exhibit "B" /Z,
5EItVICI3 PLAN
In
Annexation Number. A-61
Acreage annexed: 3.8S Acres
Location: East of i•3S and South of Milani Road. (A-61)
A. Police Services
1. Patrolling, response to calls, and other routine
services will be provided on the effective date of
the annexation, using existing personnel and
equipment.
2. Upon ultimate development of the area, the same
level of police services will be provided to this
area as are furnished to comparable areas within
the City.
B. fArg Protection and £mera ncv Izedicat c9 ty 'Ems)
1. Fire protection and emergency medical services by
the present personnel and present equipment, within
the limitations of available water and distances
from existing fire stations, will be provided to
this area on the effective date of the annexation.
Upon ultimate development of the area,the same
level of fire and emergency ambulance services will
be provided to this area as are furnished to
comparable areas within the City.
C. Hater/Wastewater so,-~+ a
Wate±* and wastewater services will be eutended to the
prop,3rty in accordance to the City's master utility plan
and section 34-118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and
sewer main extensions, lift stations and other necessary
facilities required to serve their development in
Subdiaccordi4snceiwith the
and Land C Deveflopmet master
Regulations. and the
~endaNo
Agenda IterL_!r. , 1~.~..
The city may participate in the cost to oversize water
and sewer mains subject to fund availability and approval
of the City Council.
Where water or sewer "Wain extensions, lift stations,
force mains or other necessary facilities are installed
by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-
rata charges paid by persons connecting to or using such
facilities to serve their property, according to the
Subdivision and Land Development Regulations.
r
D. Solid Waste Collection
1. Solid waste collection will be provided to the
property at the same level of service as available
to comparable areas within the City, within 60 days
of the effective date of annexation,
2. As development and construction commence within
this property, and population density increases to
the proper level, solid waste collection shall be
provided to this property in accordance with then
current policies of the City as to frequency,
charges and so forth.
E. $5CMt3 and Road
1. The City of Denton's existing
to street maintenance, applicable throughout gthe
entire city, shall apply to this property beginning
with the effective date of the annexation.
2• Routine maintenance of streets and roads will begin
in the annexed area on the effective elate of
annexation using the standards and level of service
as currently applied to comparable areas of the
City.
3• Reconstruction and resurfacing of streets,
installation of storm drainage facilities,
construction of curb cuts and gutters, and other
such major improvements, as the need therefore is
determined by the City Council or Manager, will be
accomplished under the established policies of the
City.
4. Traffic signals, signage and other traffic control
devices will be installed as the need therefor is
established by appropriate study and traffic
standards.
2
5. Street and road lighting will be installed in the
substantially developed areas in accordance with J/
the established policies of the City.
7
F. Env` ironmental Health and Code Enforcement Services i
1• Enforcement of th'i City's environmental health
ordinances and :egulations including, but not ~i
l
and trash imited to the grass and weed ordinance, garbage 1
ordinance# food handler Junked ordi 3ncee animal ordinance, 1
ordinance, and the tree preservation ordinance
shall be provided within this area on the effective
date of the annexation. These ordinances and
regulations will be enforced through the use of
existing personnel.
2. Building, plumbing, electrical
construction codes, as may be adoptedaby the City,
will be enforced within this area beginning with
the effective date of the anrexation. Existing
personnel will be used to provide these services.
3. The City's zoning, subdivision and other ordinances
shall be enforced in this area beginning on the
effective date of the annexation.
4. All inspection services provided by the City of
tonthis arbut not ea beginning ondtheoeffecti a date rofithe
annexation. Existing personnel will be used to
provide these service.
5. Flood damage mitigation will be provided by
existing codes and ordinances of the City as of the
effective date of the annexation.
6. As development and construction commence within
this area, sufficient persornel will be provided to
furnish this area with the same level of
environmental health and code enforcement services
as are furnished to comparable areas within the
city.
C. Planning and Development Services
The zoning jurisdiction of the City will extend to the
annexed area on the effective date of annexation.
Commercial (C) conditioned zoning classification is
anticipated for this tract.
3
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Wa
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Residents of the newly annexed area may use all recreation/
facilities, including parks and swimming pools throughout
the City, on the effective date of the annexation. The
same standards and policies now used within the City will
Lo followed in the maintenance of parks, playgrounds and
swimming pools.
J. Electrical Dis rih„rigri
r
Electrical power will be made available to the siie as
' required, at the same level of service currently being
provided to comparable areas within the City.
K. Miscellaneous
Street names and signs will be installed, if required,
approximately six (6) months after the effective date of
annexation.
Residents annexed
area may use all facilities u
, ildingsorservices within the city on
owned the effective date of the annexation. All publicly owned
facilities, buildings or services will be maintained in
accordance with established standards and policies now used
in the city.
L. Capital imorovemen~ Program l r 1
The CIP of the City is prioritized by such policy guidelines
as$
1. Demand for services as compared to other areas will be
based on characteristics of topography, land utilization,
population density, magnitude of problems as related to
comparable areas, established technical standards and
professional studies.
2. The overall cost-effectiveness of providing a specific
facility or service.
The annexed area will be considered for CIP improvements in
the upcoming CIP plan. The annexation area will be considered
according to the same established criteria as all other areas
of the City.
4
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Agendaltem .LAS Q '
ATTACHMENT 2 tete
Love's Country Stores, Block 1 Lat 1 is l'
NORTH
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Agenda
~tem~~'~,1~~ _
P G 2 Minutes
February 24, 1993
Page 7
Dr. Huey asked which line on the map would be the dividing
lins between Lot 2 and Lot 1.
Mr. Yost said the curving line on the map was the dividing
line.
Mr. Cochran made the motion to approve the Preliminary Plat
and comprehensive Access Plan of Lot 1 and 2, Block 1, Denton
Regional Me9ical Center Addition, with conditions as
recommended by staff.
Mr. Glasscock seconded the motion. The motion carried 5-0
I with one abstention. Mr. Cooper abstained.
III. Consider the final plat of Lot 40 Block it Loop 288 Centre
being a 4.4983 acre tract located on the south side of East
McKinney, approximately 280 feet west of Loop 288.
STAFF REPORTS Staff report was given by Karen Feshari. (See
attached). Ms. Feshari said that no great improvements are
warranted as this was a State Highway. A 75 feet utility
easement was located to the east of the site. An eighteen
inch sanitary sewer line and a 20 feet water line also is
available. Fire Flow is adequate. The retention pond will be
used for onsite drainage, but may be eliminated when the Texas
Department of transportation competes the widening of the
barrow ditches along loop 288. The water would drain
primarily across lots two (2) and three (3). Those lots are
owned by a different party, so permission must be granted by
the owner to drain the increased run off across their
property. We have received the necessary permission from the
property owner. Sidewalk would also be required across East
McKinney Str.;et frontage. Construction or guarantee of the
sidewalk would have to be completed prior to plat filing. All
drainage improvements must be in place prior to Building
Permit issuance.
Ms. Feshari said that the Development Review Com.nLttee
recommended approval of the final plat as it conforms to the
minimum requirements of the Subdivision and Land Development
Regulations.
Mr. Glasscock moved to recommend approval of the final plat of
Lot 4, Block 10 Loop 288 Centre.
Mr. Cooper seconded the motion. The motion carried
unanimously (7-0).
IV. Hold a public hearing for the proposed annexation of 3.85
acres located east of Interstate 35 and south of Milan Road 1
i
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AaerdaNo
P & Z Minutes / l /Z
February 24, 1993
Page 8
and consider making a recommendation to the City Council.
Chairman Engelbrecht opened the public hearing.
PTAFF REPORT: Mr. Frank Robbins gave the staff report.. Mr.
{,bobbins said the case was a continuation of a process that was
,begun back in February to annex the property that will be
reviewed in the next zoning case, about existing uses. The
City initiated the annexation. Staff would like to present
both the zoning and the annexation to Council. One of the
reasons for presenting both is to enable them to deal with a
service plan what was in the commissions back up. He said
that he would answer any questions.
IN FAVORI None
IN OPPOSITIONI None
Mr. Cochran asked if there had been any response from the
residents concerning the annexation. He stated that he was
aware that they did not have to be notified.
Mr. Robbins said that no response was received.
Chairman Engelbrecht closed the public hearing.
Mr. Cochran made the motion to recommend approval of the
1 annexation of 3.85 acres located East of Interstate 35 and
Milani Road.
Mr. Willis seconded the notion. The motion carried
unanimously (7-0).
V. Z-93-00t~ - Hold a public hearing and consider the rezoning of
5.1312 acres of land from Agricultural and Commercial (c),
with conditions to a commercial zoning district with
conditions.
Mr. Engelbrecht opened the public hearing.
STAFF RZPORTI Staff report was given by Owen Yost. Mr. Yost
pointed out to the Commission, in addition to the annexation
they were being asked to view the rezoning of the same piece
bf property. Mr. Yost said that the applicant was proposing 1
to rezone 3.863 acre site from an Agricultural (A) zoning
district, to a commercial zoning district, with conditions,
and simultaneously rezone the previously-zoned portion (1.2777
acres)) resulting in the entirety of Lot 10 block 1, being
zoned Commercial (conditioned). The requested conditions '
would be:
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DATE: April 6, 1993 cT.~Oa /l~
CITY CCUNCI . REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT OF LOT 8R, BLOCK 3, WATTAM ADDITION
BEING A REPLAT OF THE EASTERN HALF OF LOT 7 AND ALL OF
r LOT 8, A 0.758 ACRE TRACT LOCATED AT THE NORTHWEST CORNER
OF COLLINS AND WELCH STREETS.
E
RECOMMENDATION;
The Planning and Zoning Commission recommends approval (6-0).
SUMMARY:
Both Collins and Welch streets are improved so no paving
improvenents are required.
Sidewalks as shown on the plat document are adequate.
As this property is almost completely surrounded by lay down
curb, curbing will need to be dowelled into the existing curb
and standard drive approaches need to be established.
There is an a in,:h water line available on Collins and a 6
inoh line available on Neff.
There is a 6 in-Nh sanitary sewer line available on Welch
Street and a 6 in-h on Collins: however, this particular line
is currently overloaded.
There is an existing fire hydrant at the corner of Neff and
Collins. Fire flow is more than adequate for the proposed
development.
No drainage improvements are required as this property is
already developed.
I3A~lu'rBOUN D
I
Currently this property is zoned SF-7 and the existing
structures hold a non-conforming status. A requost to rezone
this tract to the Planned Development district for the purpose
of a Fraternity Meeting hall is being processed concurrently.
1
VndaNo
Date
The applicant is proposing to re:love the existing resling. i
dwelling and utilizing this spac( for additional parkng. No
expansion of the larger structure is being proposed.
The preliminary replat conforms to the minimum requirements of
the Subdivision and Land Development Regulations Chapter 34
of the Code of Ordinances.
i
PROGRAMS D PARTMENTS OR GROUPS AFB;'JED:
Planning and Development Department
r Sigma Chi Fraternity
E1,~^~~1PA~~ :
N/A
Respect ully submitted:
Prepared bys Lloyd V. Harrell, Ci Manager
Ka en K. eshari, Urban P1G antler
Approved:
}'ran H. Robbins, AICP
Executive Director for
Planning and Development
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Agenda No 3 -err
Agenda ltsrL_~e
P&z Minutes
February 24, 1993
Page 14 l'
Decision: Mr. Glasscock moved to recommend approval of
the rezoning of a .758 acre from SF-7 to PD with the
conditions recommended by staff. It was seconded by Mr.
Cooper, the motion unanimously carried (6-0).
b. Consider the preliminary plat of Lot SR, Block 3, Wattam
Addition being a replat of the eastern half of Lot 7 and
all of Lot 8, a 0.758 acre tract located at the northwest
corner of Collins and Welch.
Staff Report: Ms. Feshari said that no paving improve-
ments are required and sidewalks are adequate. There is an
8 inch water line available on Collins and a 6 inch water
line available on Neff. A 6 inch sewer line available on
Welch Street and a 6 inch line on Collins; however, this
particular line is currently overloaded. There is an
existing fire hydrant at the corner of Neff and Collins.
Fire-flow is more than adequate for the proposed develop-
ment. Electric service is available from existing facili-
ties. If the fraternity plans for additional electric
load or a change in voltage at the building, the Electri-
cal Engineering Department should be notified in advanco
to work out details.
No public drainage improvements will be required.
Currently this property is zoned SF-7 and the existing
structures hold z non-conforming status. A request to
rezone this tract to the Planned Development district for
the purpose of a Fraternit- Meeting hall is being pro-
cessed concurrently. The ap,,licant is proposing to remove
the existing residential dwelling and utilizing this space
for additional parking. No expansion of the larger
structure is being proposed.
The preliminary replat conforms to the minimum require-
ments of the Subdivision and Land Development Regula-
tions; Chapter 34 of the Code of Ordinances.
Recommendation: Ms. Feshari stated that the Development
Review Committee recommended approval.
Decisions Mr. Willis moved to recommend approval of the
preliminary replat of Lot SR, Block 3 Wattam Addition. It
was seconded by Dr. Huey and carried unanimously (6-0).
I
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CITY COUNCIL REPORT FORMAT Agendilt
[tilts
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of n tax refund to Avnnti Health Systems
RECOMMENDATION:
The ax rtment has received a supnlement from the Appraisal Vistriet
for 1992, deleting the account of Avanti Health Systems due to a double
taxation with another account. This deletion reduced the amount owed
by Avanti Health and a refund is due which the Tax Technician recommends.
SUMMARY:
Chapter 31,11 of the 'texas Property Tax Code requires the approval of
the governing hodv of the taxing; unit for refunds in excess of A 500,00.
Avanti Health Svstems is due a refund of S 514,88 on City Account dQ08543
due to a deletion of this account by the Annraisal Mistrict,
BACKGROUND:
van Health Sys, paid their 1992 tax in full on January 29, 1093.
A supplement deleting this account from the Tax Roll reduced this tax
from $ 514.88 to zero due for 1992. This account deletion warrants a
refund of $514.88 to Avanti Health Systems.
PROGRAMS.- DEPARTMENTS OR GROUPS AFFECTED.,
The Tax Department and the tax account of Avnnti Health Systems.
FISCAL IMPACT:
$ 514.88
11 E5C-T, LI,Y SU Mk Tom':
o arreI
City Manager
Prepared by:
a e Vic-.c ne er
Title Tax Technician
Approved:
Name ferson
Title 2633C/3mr ' u er
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275 NORTH FIELD 44000 UENI'AN COS ASSESSED 1 30014 671,046 0424
LAAL FUkWo IL 045 511J31 1112 D DR 0404 IPT rAAAOLE I p30OI9 pp77,646 4,629
DLNtO 442 TAX A41 2175.66 14466.95 691.21
'ENTITIC93 SOS, COS, EOS 3
y 1EYE+c7i7
` O 9400 CU CHANGE !I
UO JS
L[ ...................1...
tit v126e4• 41x503 I ~ ~ ~ rI'~-~
P041 E')lk GRUJP ()F DALLAS PER1• Fk ~UPER1Y . Li Merl.Rig PE-5• S 64067 9• 2•• 1 (p, W
5;00 ANsUL WILL kU I LUC 41 fif0us
AML JN, to 75011 51 UENI U•. CJs AS' D 1 MARY 62 -6,635 / t)1 A
NFCE [PT I t t bA.Pb7 .SO2 -60635 G3 7 `
IESI U01, 905, CON, E's , 1612 T I t w69.15 6.08 -41.61
r d, l0CJDE J t .C - CMANa
J..........
REPORT FIOR05Dw 03/05/93 AT 2058 O V E R P A Y M E N T S P'
ACCOUNT NO. RECEIPT NO. N%ME AODHL'S AMOUNT STATUS OF P,
02762700000 92104/O6-J192 EAMES, ROBERT N STONEGATE DR 1,097.95 OVERPAY
02774200000 92,04!06.0472 ROSSER, JOHNNIE HILL ST 178.13 OVERPAY
02039500000 92/04/06-0476 MARSHALL, SAMUEL MINOR CR 43, OVERPAY
09420400000 92104106.0476 ADAMS, JIM S BOLIVAR ST 313.11 OVERPAY
02523900000 92/04/06-0477 SMITH, STEALING L N LOCUST ST 210.95 OVERPAY
02781600000 97/04/06-05E9 MERK1, DONALD J A MARK ! N BELL AV 285. 12 OVERPAY
07513600000 92/04/07-0131 NORRIS, JACKIE N MD POLLING HILLS 1, 206. 78OVERPAY
02552700000 92/04/07.0192 HARGROVE, JOHN H ETUX MIMOSA DP 510 06 OVERPAY
0199400000 92/04101-0305 OESTENA, ANDREW V W I HN Co WICA) OD R OY R 5T 169.77 OVERPAY
It407B00000 92/01/07-0309 MOR10N, MICHAEL G E WSNOSDR ST 397,11 OVERPAY
02922700000 92/01/07-0352 MELTON, FRANCES COUP;H L 731,16 OVERPAY
102304500000 02/04,'07-0374 LANDRY, BARRY J BEPNARO ST 398.99 OVERPAY
02147700000 92/04/07.0376 !.INDSIY. DAVID A DEN10N ST !32.11 OVERPAY
11507600000 92/04/07-0407 MJR TON, MICHAEL G E WINDSOR ST 451.52 OVERPAY
AY
! 10866700000 92/04/08-0079 DANIEL, JOE M JR -3755 N A 1 1 W 3 COLLINS ST 232.53 57 .44 OVERPAY
10134500000 92/04/08-0156 SACHER, E C MD d ASSOC 1
02891800000 92/04/08-0217 HULL. CHARLES LEE WA ST 2.00 OVERPAY
II 07710100000 92/04/08.0577 HEBNER GRETCHEN WISTERIA ST 606.34 OVERPAY
02972 00000 92104108.0837 REA. D6NA1.D 0 WOODH AV EN ST 676,11 OVERPAY
16454j00000 92/04!12.0019 PARKER, JIMMY J COTTONWOOD LN 16.68 OVERPAY
02442400000 92101113-0014 SUENROSTRO, AOOOLFO MCCORMICK ST 40,00 OVERPAY
02418400000 92/04/13.0109 KEYVANSHOKOOHI, HOSSEIN N BRADSHAW ST 1.OC OVERPAY
02976400000 92/04/19-0099 LOPEZ, BARBARA PAISLEY ST 532.29 OVERPAY
90279200000 92/04/20.0019 THE VILLAGE LAUNDRY w UNIVERSITY 0 199.80 OVERPAY
02414600000 92/04/20.0235 KELLEY, LAVERNE PARK LN 5.00 OVERPAY
02899800000 92/04/21.0166 REAMES, RHONDAL N BROADWAY ST 76.90 OVERPAY
03366000000 91/04/22-0207 BROWN, MYANA N LOCUST S1 64.26 OYERpAY
03340000000 91104/25.0088 AL0416H, ROBERT L B£ANARD ST 3.00 OVERPAY
90747400000 91/04/25-0227 COMMJNIlY LIFE PUVLICATIONS W HICKORY ST 179,60 OVERPAY
03341800000 92/04129.0313 SHIFLET FINANCIAL ORP ETAL ELM ST 57.4.' OVERPAY
10433400000 92/04/28.0363 PPOFF, DENNIS R PENNSYLVANIA D 957.7`, OVERPAY
02226600000 92/05/01-0409 STAFFORD, CHARLES A 10.,:0 OVERPAY
08277400000 92/05/01-0507 FOLSTADT, ROBERT H VR ETUX VIDA E MCKINNEY ST 30.00 OVERPAY
02730800000 92108/02.0150 KNIGHT, SILLY M RIDGECREST CA 43,63 OVERPAY
15501400000 92/06/07.0221 RANCHO VISTA AEV CO 0.03 OVERPAY
11101700000 92/04/03.0091 fOR FIVE GNE LTD DENTON AIRPORT 0.20 OVERPAY
10302800000 92/04/03-02;%0 ALSUP RON WiNDBg00K ST 119.24 OVf RP4Y
03078100000 92105/03-0328 BEONAA, LADISLAV F CRAIG LN 123.97 OVERPAY
03142300000 92/05/03-0412 POWELL. JAMES D CACTUS CR 374.14 OVERPAY
02459400000 92105/16-0031 TOOMER, BOSS CORDELL ST 0.02 OVERPAY
09597800000 92/05/16.0028 SANDERS, PRISCILLA A HOLLYHILL LN 0.50 OVERPAY
03693700000 91/05/19-C016 CUNNINOHAM, A9Y A 1.35 0,01 OVERPAY
0,2706300000 92/05/24-0034 FELDSTEIN, JOSHUA FALLMEADOW ST 678.61 OVERPAY
10264700000 92/06/01-0044 I<ATHAWAY, AICHARO WILLOW STONE S 0.01 OVERPAY
02fl24900000 9 / 6 0/-0066 M N - CONCOAD_LflL +6.97 OVERPAY
-TS8767:63E1f' 4 SY STM-- ALLA A3 D 514.00 OVERPAY
-.__.Ta33zfIIVOLO"87706"7V2'•i117'2Tt~ t'o.44 pERrx'r
12664600000 92/06/03.0019 PATRICK MEDIA GROUP OF DALLAS INC DENTON TEXAS 47,63 OVERPAY
60335700000 02/06/03.0024 WILSON, ALMA F TEASLEY N120 L 21.82 OVERPAY
61201u30000 92/06/03.0018 $TRADER, JEAN LEA S MAY.IILL At64 35.00 OVERPAY
03438700000 92/06/04.0016 QUINN, JAMES F BOLIVAR ST 75.00 OVERPAY
0342157000OD 92/06/04-00%8 BUONER, DANIEL H [OTOR ST 35.90 OVERPf
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CITY COUNCIL REPORT FORMAT
,pc
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager U
SUBJECT: Approval of a tax refund to Hanna Khraish
RECOMMENDATION:
The ax apartment has received a supplement from the Appraisal District
for 1991 making a correction to the appraised value based on an agreed
judgement for llanna Khraish reducing the tax he owed in 1991. Hanna
r~ Khraish is due a refund which the Tax Technician recommends,
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of ; 500.on,
Hanna Khraish is due a refund of 3 5,558,22 on Citv Account #037810 due
to a reduced appraised value in 1991.
BACKGROUND:
anna raish paid his 1991 tax in full on January 3n, 19Q2. A
supplement causing a reduction in anpraised value reduced the tax due
for 1991, This reduction in taxes warrants a refund of R 5,558,22
due to Fianna Khraish,
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax record of llanna Khraish
FISCAL IMPACT:
S 5,558,22
P FULLY U ~dJTTFp, .
y arre
City Manager
Prepared by:
6.Et
Name hie Schneider
Title Tax Technician
Approved:
'Name ' 4aa fferson
Title 2633C/3
>
Ck ~~R~frilEIH4L rsr
Cllr OF DEN L]v (Tp5) rl~ 19a) Pa1N1ECt a2ileivS 02t23PN FlAC E
rv •iU{~a r n o,.„ r 'i o-r:f c_i, -iES fns ~~~I'
~ t lsel4) 3
1H ~yE . AN IfL M \ 400311 R. dEAUMONT, Cl 2754 LAND 45 1 4 IS, 754
S E: 71 ACRES 0,299, OLD 0 FR 35T9) IMPR H5 1 31 40rS13
v A 76201 SMj5t 614 E[TOR
ly, 1 ? COS ASSESSED 1 ,261 154,281 0
W ITIES1 Sol, COS, COS EIP1 TAr.ABLE 1 9,247 54.217 x000
{ 3590 TAX Awl 11,67 111.42 74,25
2 EXENPtIONSt
SUPP CODCt HANOE .I
ADDED HS L
YnaI75~• ..............A.0.4.2.1..
FI SHE 4, •1RA[T.2Sr •4C Rf• •••••••_IL 'L 4• S .
8 4,659•••••• 3• 'cio r,HR NTHALI[NC cu INt~ 12,a LD Dt4o 1R 46
4300 PALLET HDt 31U1TE S 195 SEO S 'a tl,65A 07 •1149,549
DALL 15244 E 51 GOir COST 305, E S Rf CE IPF tllE f !l 4,654 4207 •149rS49
r 23219 Awl S 519,99 4.S5 -1024.56
,y ~ PTION9t ~i '
kis Xl P. CODEt C • CHANGE
1.= REED JUDGEMENT
L.............•....
11510 (59715)
R4 'A13N, HANNA 401694 B. LE41S, TRACT 5, ACRES LAND NHS 1 450,116 It '210,tl16
CVO ANRA:34 CONTRAC11NS CU INC 65.566, OLD DCAD TN 2A
Ili 4100 SPRING VALLFI R111 SOtTE 3 COS ASSESSED 1 459,116 1412/0,416 i911, 300
oAL03, TA 75244 + EVIIIIESI GOL, $05, COS, Eo5 NELEIPI }ARABLE S 459, It6 Ir~121V,416 X911,300
S C CHANGE P 21221 144 lwT 1 51I45.40 19701.62 ~llS SS6.22
UPPP[ODEt 1
........_._i_ aGEED JUDGEMENt
P30754 (1401351
LIVINGSTON, Ml J BELLAIRE, 0 S, LOT 3, L440 HS 111rSAA ~114SA6
ISt7 LINDEN D (4/4020• B[-A'UMONT 31 IMPR HS 57,491 k51,491 '
D1.NTONr TX SI M) LINDEN i
COS ASSES ~r 5,019 750079 0
ENtI GOIr COS, SOS, EOS RECEIPT 1411 S 170, 079 [5,019 •S,DOO
E 4 ONSt H3 r 1970 TAA 1 4a 0. 11 SIR, 34.te
ODES C CHANGE
H9 E4
~
R9 1. 143464)
f 1, MICHAEL L EE MEADUNS 41, dLUCK C, 4 AND HS 1 90625 625
BULL RUN SITUSI 1012 BULL'4UN INFO wS 1 130239 ,231
No TA :6201 o
ENTITIESI GOIr 605, C .OS ASSESSED ! 2,464 52,064
RECII TAXABLE 1 7,554 52,664 •11,000
E910t10NS1 HS 4 1 TAX A01 1 21,92 3e2.11 •1,4,25
SUPP CUDEI C • CNA
ADDED "I (I
.................j
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i=Sn i ION N IS ION HLUORD BROWS'- V"NE 10301
EL4D LIUI';r 1. 11; 1'AIU INANS AMUUNT
DFalF / F2E., LI1f"I fi~~; r1~.CCIUp!1' AC,ELNL;Y H
1
9(0,31000•;',0001 0:3r'F11000000 (,LTY Mho REV INC 90 i,,101?0 91'y6.61
10031 0 00 49000P 000000000 CITY F7,,~.:' F ES;V INC 90 10 0'.'~r) 13022..50
00
0,3:!'
r
90050101160001 037F31000000 "y''' M7..} 16X YO 013191
910206011f0001 03'?6 0000OU "If MAO REV INC; 91 00691 7,•111.1:3
0U211 111000:? 0';i"701000000 CITY _-I&S REV INC 91 _110f.91 1x:!92.49,____
00,13003460001 000000000 CITY Qu TAX Y1 013092 ti1,7U3,62
~ :7771 03 1 110000 )Q U, IT I y--- `
'i'20320KP20001 =B1000000 UIfY MAO TAX Y? 122092 1,610.6:'
91042?0 C99U0O1 03701100000 CITY Mho TAX 09 01:-'793 362.49
97042702990002 03701100000 CI'1't' MAO 1' A I T.39 001793 11400
9 !04''707990003 0'3701100000 CITY M&O COLL. FL 69 012793 0.41
_ 2 4; t 3 60,103
rv;.990rJU4 J„'rFS11J()0U(i F!trY M1,o lrlx v0 U1 179, C,-TS.=~;3
r" 9 01'70210000 03701100000 CITY moo f' 6 I ,'0 01 793
9704 '1029YO006 037£11100000 11TY MAO COLL. FE 90 012193 156.'7)
920400299U007 03701100000 CITY 11&0 TAX Y1 01219:1 003.31
9ZO42702990008 Q370000000 CITY moo p 6 1, Y1 012 793 19 179
Y2042702950009 037E3100000 CI'T'Y MAO COi.I.. FE: 91 01;''793 149.&
Y 204270300000i 031131100000 C1'1'Y MAO TAX 92 012°793 263.97
70 INQUIRE ENTER 01', PLrCE CURSOR BELOW RF:CF.IF'T AND 'EN'TER'
Ill CONl'INIIE BRC3Wti'Ei, ILNI .R"
` 10 RES'I'ANI Itf;OW E:, OVL'fjJPL 0ECCU10 UR ACCOUNT ON EIRS'I' LINE AND 'FMIC10'
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ICOUNCIL
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CITY COUNCIL REPORT FORMAT A"It
OA110~~
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tali refund to manna Khraish
RECOMMENDATION:
The Tax Department has received a supplement from the Appraisal District
for 1991 making a correction to the appraised value based on an agreed
judgement for Hanna Khraish, reducing the tax he owed in 1991. Hanna
Khraish is due a refund which the Tax Technician recommends,
SUMMARY:
Chapter 31,11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00.
Mr. Khraish is due a refund of 51,024.56 on City Account #033109 due
to a reduced appraised value for 1991.
BACKGROUND:
Hanna raish paid his 1991 tax in full on January 30, 1992. A
supplement causing a reduction in appraised value reduced this tax
due for 1991. The reduction in taxes warrants a refund of S 1,024,56
due to Hanna Khraish.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Hanna Khraish
I
FISCAL IMPACT:
R 1,024.56
RESP ULLY S ITTEW
rr
~~LToy Manager
Prepared by:
Title Vic Schneider
Tax Technician
Approved:
Same 18 if Person
Title Tr sirer
2b33C/3
1 i1
I
lS h ssNiF~fri" V61 '0"'*L X17 PAGE
CIIV OF DENTIN (COS) 1001 PRINTED, V2/Ib/43 V2323PN
nu r..rl nm n,;r. Gnu aF ,
/,D /00711 .4 UN7N t, IRACf 275, /5SE 17'154 ,iSO
AC RfS 71 DLD DCAt1 IR SStD7 00,535 x0,513
SIT' S WO4
5aa 2f7 ~ ""t'
E ESE GOT, SOS, COS, EVS NECEIPT : 49,267 54,207 4 7570 tl 171.02 PICONS, HS
P CODE, C CHANGE
DDEU MS EX
NS33D9 (S4755) + -
NHr1AISH, HArrNA A04214 J. FISHENI TRACT 23, ACRES LAND NHS S 44,656 14,201
C/O Xn`AISH CUNTRACtING CU INC 12.094, OLO DCAD TR 45 i
4100 SPRING VALLEY 4Dt 3'11tE I C05 ASSESSED 3 I50,6SA 14,201 •'109,540
UALLAy. tX 75244 E51ITIESI GOI, COS, $OS, Eu5 RECEIPT TANAOLE S 440656 741207 •,149,SR9
a 27219 1A4 AwT t S19.90 1604.55 1024,56
EXEMPTIONS,
S'JPP CODE1 C • CMArm
' AGR CfO JJDGEMENt
X11510 (59735• ~
KH4A(SH, HAN 401691 B. , TRACT 5, ACRES LAND N,• 459,116 t '27014••
CID KHRA13 RACTING CU INC bS,555, 0 AD TR 2A
4100 SPRI' LLCY RPt SUITE 7 COS ASST S 650,116 1'1270 •614 700
I DALLAS, T 5244 ENIITI 31 SOS, COS' EOS RECEIPT IAN 3 4591116 1,27 6 19110 100
a 21221 t t 11as.40 'IE 2 •SSSB.22
1 1~l N SUPy £ttt CHANCE
N AG UDGEwENT I
w (IROI311
GSION, MICHAEL J LAIRS, BLOCK S, LOT 3 LAND HS S 1'37'556 17'5£1
LINDEN DR h4020-A///R 9EAU4ONT IwpR HS 1 51,491 51,401
TON, TX 76201 MUST 1617 LINNEN I
OS ASSESSED S X751079 750019 0
`ENTIIIESI G01' COS' E05 RECEI tAXAotf 1 10,079 75,079 •S'000
4 1 fix AMt S 1460,1 514,37 •34,26
EXEMPTIONS, HS
SJPP CODE, C • CH
ADDED HS £X
(141466) ..~1
GARRET( MICHAEL LEE MEADU,t a UCK Co LuT 4 LAN7 MS S 2S 9,625
10I2 BULL BUN 2 DUN INPR wS S 230 411259 II
Of NiJN' TI ib 1
ENT111E53 $OS, COS, EOS fCOS 45SESSE0 3 t,eb4 521164 O
N NECEIPT TAXABLE 7,864 52'064 ID00
EXEMPTS MS 0 10074 TAX Awl 27,92 362,17 •74.25
ADDED I
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IPI',IlSAC;IIC11a 11',Ls I i R1:I,C f?CF+L(Jb+Si,l; F'NF10'301
I'n'~11!I. i i If l.i'1 Ir^iX i'1'I:LIIJNI f1 GECtU:~1' l,!?dry 1'UIJf~CI.; (l2 1"F1 .T I! ii",I)N.S (11,10001
94031+,7004',2")001 03;3101'000Ci0 CL1'Y (INU REV ENC YO 11090 1 „ 5076.45
4'~9310': 1 0OOC3 033 10YN;10(?U d,s ftlN '1.N 0 1'J3i~YO 04
9005 04011"70Q0i 0'3 10700OO0 C;I1Y mho IAX ?0 01,3191 1,5'4."9
Y10..,0601 10 01101 0'3:31 OY00000 CAI Y t1.SO FikN 1 tqC 91 1 10601 1 „366.27
910;30601100002 0::3.310900000 C:I'FY I&S REV INC' 91 11(.16Y1 23d. 28
910430034130';)01 0331OY00000 CI,IY M&O I'AX 91 013092 1,604.55
. 3" c O TIMM (T.13 I OT i = C, `fib-T1T-~T0'; 72-__-: 96 '9,..1
9 ?a E3C'~"+,~:.3(iOO1 0331 0YOOOIDO C;I 1 Y M& 1.) 1 AX 92 1 2.IJ9111 :`196.93
( 900X310.1:510001 0351 1 100000 C,E'1'Y M•`<O 1iiX 90 I2:. JYO 165.36
91030300340001 03:31 1 OVOCio CI T Mh(J I AX by 1 1 791 4 55 . 31
91030300340002 03311.'.00000 CI'.'I'Y mm) P h I BY 112(191 1181 W
10:50300:311 (I003 033 1 1:'00000 C I IM&O C 0t L 1'F: 69 1 1 791 EI7.'.'!0
y103")300,1340004 0':3';311','00000 CI'T'Y M1 I 'rlx 90 112191 451.33
91030300';340005 03;311.)00000 CITY M&C) F' & I'. y0 iI2?91 V4.89
Y103030034000 6 0331 1200000 CI LY K&O I':!?L.,1,., FE 90 11:3791 7019:3
Y10"113"501040001 03311'00000 CI1Y Mt,O WAX 91 0225Y'2 4`11.09
910.."52'501040002 03 31 1200000 CI I Y t160 P R 1 91 022,2 92 131 . 58
'i'00695000Y0001 0:3311400000 C11Y M&O I'AX 9O 03!691 136.1!4
TO INQUIRE: V.NTLR ''.E', PLACE CURSOR DEiLOW RU:FIPf AND "FwIiRo
IC) CON IA NUF: 11ROW.C'F:, "EI.NI'F:R".
10 FiOURI PPOWSU, C1VERIYVE! FICE:I'11 ' W ACCOUNT ON F'IRS'I LINE. AND 'ENUAl
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CITY COUNCIL REPORT FORMAT Apid1R
TO: Mayor and Members of the City Council Do%
AIxi
FROM: Lloyd V. Harrell, City Manager
"UBJECT: Apprnval of a tax refund to ~Toore Business Forms
RECOMMENDATION:
The Tax Department has received a supolement from the Apnralsal District
for 1992 making a correction to the appraised vfA ue due to a double assess-
ment for Dfoore Business Forms reducine the tax thev oled in 19u?. "core
Business Vorms Is due a refund which the Tax Technician recommends.
SUMMARY:
~l apter 31.11 of the Texas Property Tax Code requires the approval of
the governing, body of the taxinkc unit for refunds in excess of Q 500.00.
Moore Business Forms is due a refund of Q 2,691.26 on City Account
#089271 due to a reduced appraisal value in 1992.
BACKGROUND:
-Moore Susiness Forms paid their 1992 tax in full on Januarv 29, 1993.
A supplement causing a reduction in appraised value reduced the taxes due
for 1992. This reduction in taxes warrants a refund of 1, 2,691.26 due
to Moore Business Forms.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Moore Business Forms
FISCAL IMPACT:
$ 2,691.26
/R PE' FULLY S ITTED
i
arre 1 /
City Manager
Prepared by:
Name Vic Schneider
Title Tax Technician
Approved:
Name Itarla~ ferson
Title TredtsyVr
2633C/3 /
1119 f,IS~.gP EA~~t! 1F i n 41 Ab PACE
tiff of nEN101 ([~SI Ivv2 PRi,iEDI U2/Sei S vitivP• I.
~q ,rq 0'.r 41 Ir1VPIRI=JlI .1^ r,
PanP5u7 t2T
64001 HEA so '12 PERSUNA PER Tf LEASED Pf.S-JNAL ,171,141 711711
21 IS HALF D A240 EQUIP" LOC AT IO VI 625 DALLAS LP
bANNULN IL oDO35 0315 J4CNIE NURRISS (U5 A35E55 0 ll,lll 110711
$IV 2% DALLAS UR 0175 RECEIPT IAAAt, 0 71071 ~T10 711
Df NTON, OUR JACKIE NORPIS 0 lab IAA A V.OD Sig. -SI4.09
/9l2L1~~
(EST
I 414PTDS,
PP CODES DELETE - DELETE
DUBLED YI TH P909495
912404 LSO5tlV31
CnESTERFIELU FINANCIAL PERSONAL PROPER( LEAS IIIP PERSONAL S 80330 0
f AI TNT SOIRLEY (oEROING LOCATION: 514 ELM S1 N, ON 4
tb100 NDRtH OUTER FUR OUSINESS ESSENTIALS ASSESSED S ' 60330 0 PO W
LnL5tEHFIELO, MJ 63 SI NS1 514 ELM ST , RECESS) TAAA6LE 1 61330 0 81350
DENTON, 4805 ESSENII ALS A 235 TAX A41 1 59.81 D.00 59.Bt
ENTITIES( GOt, 50 5, EUS
EXEMPTIONS, g40,
SJPP CUDEI A
ADOFU PER LA NDI110N
PV3441Y.(. i............
CHINkTUA PERSONAL ERTV - CHINESE PEFS'JNAL 1 3,356 .1660034
RUHERT REST AUR (KATIONI 2317
2311 H ERSIIf DR 0A.1 uVl vkR OR A 04.1, VEHTLN C05 ASSESSED 83,356 'lbb,834 49A
)ENIU' lbiol SfTUB 7 UNIVERSI?v DR MAA-1 RECEIPT TAXABI 61,336 166,639 ,498
NTON, 0 404 111 A 59tl.35 117.87 99,52
E [$I Got, $05, COS, Eu5 b
t~k
UE ?gl'f 9 /a" Al
PTIJNSL ,1'd=y3 1 P COG[( C GRANGE II
R AAtl
P00271 (648eY1
MOURE BUSINESS FORM (PERSONAL PROPERtf - CORPORATE PTRSUNAL 1 3 3,019 17,646
trAIIONAL ACCuVNT'I'G DfS)1 "F►ICES LOCATION: 1112 DALLAS 00
21S NORTH FIELD UR 1400, LENTON COS ASSESSED 1 3:3,019 77,818 14029
LABS FOREST, IL 60U45 SIIUSI 1112 DALLAS DN 4400 RECEIPT IAAA6LE 1 3pi, 019 71,848 •314,529
DENTON, A 1442 TAX AM1 A 2I37S.b6 866,95 •Zb91, 27
LNTlTf[SI C01, SVS, CO50 10: '3 ,q
EVEMPTIDNSt A
.A Q a7 SUPP CODES C - CHANGE O
DOUBLE ASSESSMENI •I TN P909751
41
r P1A6646•f147, .L....... ,
PA7AILN ME U OF DLIPERS'JYAL P I7 tlILItlnARUS P[wSLNAL A 4 91,502 3100 E R4 PU
LT RD LOCAIIUNI ON I
ARLLNGN 16011 V SIl0l 0 r C05 ASSESSED A .7 91,502 -6,635 U I
EIPT 7AXA7LE i A67 010502 •b,6 l.. +R
EMIT G01, 505, (05, EUS 1612 1 u All 1 9,35 6S6.9tl 1.41 U] ~t{
~+r7 ~EXf NS,
l~ S DES C - CHAN;k
IEJ VALUE '
R
PAGE
O Y E R P A Y M E N f 5
REPORT FIOP050W 03/10/97 AT I9 72 ADDRESS AMOUNT STATUS OF PAVMI
ACCOUNT NO RECEIPT NO NAME
. JASMINE 51 3589 OVERPAY
35.69 OVERPAY
02284100000 92106/05-0070 AOANA, KRIS JASMINE E St OR 35,B9 OVERPAY
02217600000 92/06/05-0031 MOCK, , DONALD C PARSSID 9 35,90 OVERPAY
10419500000 92/06/06.0079 FOWLER, ROBERT B GEORGETOWN 0 BURNING TREE L 143.60 OVERPAY
02686300000 92/06/05.0031 DOLOINEA, JIM RNtNG TPEE L. 75.90 OVERPAY
01608000000 92106/06.0040 RAMSMSEY, CURTIS 8UTY LN 35.90 OVERPAY
02669600000 92/06105-0047 ROCCAN, RICHARD W LIBERTY DR 35.69 OVERPAY
07046800000 91/06105.0044 H HEENNRRYS DONALD E EYERS AL 35.90 OVERPAY
01216600000 92/06/05.0018 BRIGGS, GERALD OAS ST 35.90 OVERPAY
10492200000 02/06/05-0051 SAILER, f
ROBERT i RIDOEC REST OR 35.00 OVERPAY
01958300000 92106105.0054 RAMIREZ, JUAN OA,ERPAY
1 02737000000 92/06/05-0052 PENNELL, FLOYO E OOUBLECAS ST 11220 9 2 29 7 O OVERPAY oo~F AY _ JUL 13106100000 92/06/05'0062 STANLEY, DOROTHY L
WOODBROON ST 2,691.26 OVERPAY
08d aenennn aft BFTrEMEWtr t'30-T70EAFrr
g 417100000 02106/02-0011 M000.E 9US1NE51 FORMS S MAYHILL 1 8 0.02 OVERPAY
969.93 OVERPAY
13816900000 92/06/09.OOOB RAND ALL, MARY JO PEAR SREE PL 36.P0 OVERPAY
03308600000 92/06/09-00$7 NOLO, GEORGE P JR 6 CAYIEEN TEAMONTSLCELV AI LN
R PL 35,09 OVERPAY
10208100000 92106/10..0004 LOISELLE, LANCE S CAMPBELL LN 36.90 OVERPAY
02897600000 021061100006 644RETT DAVID A
01960100000 91/06/10.0008 WEISTN0 R, JAMES R 11,669.60
TOTAL OF OVERPAYMENTS
0.00
C
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a
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1r..
ICI Z`Y~
fi }
COUNCIL
or o1
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CITY COUNCIL REPORT FORMAT
TO: Date_ i
Mayor and Members of the City Council c.
FROM: Lloyd V. Harrell, City Manager G
SUBJECT: ApprovnI of a tax refund to nrntex Title ('o. Tne./
RECOMMENDATION:
The ax apartment has mailed an ovorpayment Latter anfl an Application
for R,-!fund to the tnxpeyer. All completed forms and nr.cess'a documenta-
tion have hewn returnod, requesting this refund, which the Tax Technician
recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code rewires the ai
the governing hodv of the taxing; unit for refunds in excess of'PA 500.00,
Pentex Title Co, has requested a refund in the amount of S 0199,0;1 because
they overpaid George P. Kolb 's account $1 033086,
BACKGROUND:
DDo tex Title Co, made a payment of A 0E;9,03 on T)ecamher 17, 1992 for
Mr. Kolb and his mortf;age comnanv made a pavment of S 90q.93 on Dec, lfi,
1902. This resulted in an overpayment of ffr. Kolb's account. Pentex
Title Co. Is now ronuestinc a re+'und, A refund is duo.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department nad the tax account of GeorFe, P. Kolb, Jr.
FISCAL IMPACT:
S 069,93
RES FULLY SU N TTEED•
rr,.
o arr
City Manager
Prepared by:
ame Vic Schneider
Title Tax Technicinn
Approved:
Fame r
52
Title Tr x> er rson
2633C/3
I
I
$tift Prop"
tax 1 0 al
aNuld Application mon !11 vµ11rl:) APPLICATION FOR TAX REFUND
nd
Kyle ~ ~ =1
Collecting Office Name: _
Collecting Tax For: - -T - -
(Taxing Unit!)
Address City, State, Zip Code
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
in order to apply for a tax refund, the following information must be provided by the taxpayer.'
IDENTIFICAT N OF PROPERTY OWNER:
Name, Y CA
Yct fti'
Address: -t1L (v L ,+xr sQ~iAai. c y cAJl_. ~2t t cr
etephone Number tit additional Information is needed):
IDENTIFICATION OF PROPERTY:
Description of Property: o) O~if /I .I, Ff3Nfc 7~l}cam 7~rCt s ip
Address or Location of Property. ~ c e r LN.
Account Number of Property rr ga- or Tax Receipt Number:
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year lot Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
is Requested Is Requested Tex Payment Taxes Paid Requested
1, T e/ ef>F HY a.119 /•%1- / 7/ t 9 C 2 S t c[ $ G I ~/.3
3. 19 / 19 f4/1 S - -
Taxpayer's reason for refund (attach supporting documentation), .5 LIJFL~ y/[C1
_ ~ )iNT E Ti r c f. l /11cr2r~[ _ Ft1SN ~•4 [D._7'/~ x .s_ F0~c Ali .
"0~ as 'TeX ~ xj._ Ls t 1 e;i [!£sr[,'-4 6Fatib ar';_~~~r YiflEitJ~_
"I heryby ap he refund of the ebovedascribad taxes and certify that the Information I have given on this form
s tr/r and correct;'- ice G7t'a/~r r -Tf fte n0.,1AC
L J y/1 .5. Cvlkss N/o/ ~
Sera
.~Nrcc; rx 74.20 Date of A pfica n for Tex Rotund
DETERMINATION FOR TAX REFUND: ____Approval Disapproval
Signature of Authorized Officer
Date
Signature of Presiding officer(s) of Taxingy Date r
Unit(i) for refund applications over So
Amy person whomeMeaafclaaentry ujithe foregoing record shall besubloiomaofthafollowing panaiii I.Imprlsoam"tof
not more Ilan 10 years nor less then 1 years and/or a One rA not more then 11,000 or both such Ane and
imprisonment; 2. confinement in ISO fora term up to 1 year or a Ilne not to stead 11,000 or both such Ana and Impttsonmanl as eat
forth In Saollon 71,10, Panel Coda,
wise n n ,
1
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- ageedaiterq /CIA I
J "
I.
if'.I I.~ ~ VIII II II I1 L i I I I t I~ I'I "A~ • 1
1 I I ~ ~1i1 .rl f I, ~iI 17n.. t.h I ~"rI r'I' I
1 r. r~ i ~ I
S
P
DENTEX TITLE COMPANY, INC. 92-554
ESCROW ACCOUNT 011481
PHONE S Dnlt _DSC~mbQr__I7,
ouTN LOCUST sr # N i oT t._I 79 t.,
OENTON, TX TOXI b t i' I L K ;
PA,
illtt +1 i 1~ 11 r:,~ ' '
Vtr nhX X 96 9 . 9 ~
.
City of Denton
DENTEX 1111E CO, W
ESCROW ACCOUNT
3o 9~
1
hSt 91A1i eANN
PO 0C1X 100
DENTON,TeXAS regal
x'000114111 7420: N'04 a1y7 ,
r l00(j0t796TiV 3 '
J. Fisher Suuvey, Abstract N421, 4.996 Acres , LC931 bescription auacl'xd
Goorw 1'. Kolb, Jr, d Caylien Ctlb
R330a6
~J
i
I
PAGE
O V E R P A Y M E N 1 S
RC F10R050W 03/09/97 AT 20 39 AMOUNT STATUS OF PAYM
NO. R: CEIFT NO NAM[ AbJHE55
ACCOUNT
. AVE S 35 89 OVERPAY
02204800000 92/06105-0028 GALVM1N. ALFON50 11 JASMINE S? 35.89 OVERPAY
02184100000 92/06/05.0030 CHAIJAROENWATANA, KRIS ST DR . 89 OVERPAY
07287500000 92/06/05-0032 MOCK. DONALD C JAASMSMINE. NE 5DR 35.89 OVERPAY
` 10419600000 92/06105.0036 FOWLER, RO£ERT B GPRKSIDE EORGETOWN DR 35 90 OVERPAY
02585300000 82/06/05.0038 DOLGENE R. JIM BURNING TREE L 143.60 OVERPAY
02608000000 92/06'05-0040 RAMSEY, CUR?IS BURNING TREE L 35.90 OVERPAY
07589600000 97/06/05-0042 RODEAN, RICHARD W , RIY LN 35 .90 OVERPAY
03046800000 92/06/05-0044 HENRY, DONALD E I IBE IRE 51 35.90 OVERPAY
10415500000 92106~o5.0046 MONROE. NICHULAS E IOAKSOi MPERIAL OR 35.89 OVERPAY
02748600000 92!06!05-0048 BAILOR, RGERALD 08ERT EVERS PW 75.80 OVERPAY
10492200000 92106/05.0061 SAILER, 08 F E OAK ST 35.90 OVERPAY
02958300000 97106/05-0054 RAMIREZ, JUAN RIDGECREST CR 35.68 OVERPAY
02733700000 92/06/05.0056 S7ANEK, 1HOMn5 E RIDGEC REST CR 35 90 OVERPAY
02731000000 97/06/05.0056 PENNELL, FL01'D E DGEIEL LN 35.90 OVERPAY
/ 01726500000 97/06!05. OOEO OBALOO, SILVEREO O DHOLLNO OUBLEOAK 5T 720.27 OVERPAY
13106100000 92/06f05-0062 STANLEY, DOR0IHY L WES?WOOD DR 35.89 OVERPAY
07539000000 92!06/05-0064 GOODWIN. LYNN H L ASPEN OR 35.90 OVERPAY
02833300000 92/06/05.0068 WOODS. 99 OVERPAY
11679600000 92106/05-0070 6ARFKNECHT. MONNA J DEER R TR DC OR 3355..89 OVERPAY
03096900000 82/06/06.0072 N£U, DUANE CORONA DR 35.90 OVERPAY
02856300000 92/06!05-0074 ROBERSON, ANA P SANDY CREEK 35.90 OVERPAY 40 1 02875800000 92106/05-0076 BAGNOCHE, RAVMONO A NGNA ST
2,691.28 OVERPAY
08427100000 92106/08-0014 MOORE BUSINESS FORMS BWOODSAOOOt ELLEMEAD DR 4 60 OVERPAY
02249100000 92/06/08.0025 LIPSEY, JOE P - I'd4Y1~1.LL-N $__.____4-...42-4YJSPAY - -
13546900000. 92/06109,0008 RANDAL_L M0.R V. ~-O T{ASLEY LN 969.97 OVERPAY
01161906006 02/06100-0012 Roll; 6~ORGE P JR 6
47,090 96
TOTAL OF OVERPAYMENTS
0,00
1
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7.7:1 T
C I'T Y
COUNCIL
q a:
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7 1:
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i
ORDINANCE NO. ° L
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SL'RVICES; PROVID-
ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
_ WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed
and recommended that the herein described bids are the lowest
responsible bids for the materials, equipment, supplies or services
as shown in the "Bid Proposals" submitted therefore; and
i
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the 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
as being the lowest responsible bids foresuchcitemsi and approved
I BID ITEM
E NUMBER NO VENDOR AMOUNT
1464 647,8 INDUSTRIAL INTERNATIONAL INC. EXHIAIT "A"
1470 ALL PRIESTER SUPPLY $102,144.00
1478 ALL STAHL INC. S 24,394.00
1482 ALI, ACTION zKpoRrS OF DENTON $ 12,992.00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance
with the terms, specifications, standards, quantities and for thei
Aroma
Agenda ItWVL_ LL'` Z~?
Date y-
0( ~o
G'
specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
j 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.
SECTION V. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this day of 1993.
BOB CASTLEBERRY, MAYOR
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
BYl
APPROVED AS TO LEGAL FOR11i
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I
BY:
1
i
i
r
1
r
Afleada No
I Ap MaltenL
r !~9'E~API;IL 6l.~1`993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council `
FROM: Lloyd V. Ilarrell, City Manager
SUBJECT: BID # 1464 - WATER METERS
REC__ _ ?MMENDATION: We recommend item 6, 7 & 8 be awarded to the only bidder for
these items, Industrial International Inc. for the unit price as follows:
Item 6 3" Compound meters
Item 7 4" Compound meters #1,219.00 each
Item 8 6" Compound Meters $2,045.00 each
$3,315.00 each
These unit prices will remain in effect for one year from date of award.
Specification for other items on this bid will be rewritten and the items rebid at a
later date.
SUMMARY: This bid Is for the annual requirement for water meters. These meters
will be used by the Water Metering Department in registering water usage throughout
the City of Denton system.
BACKGROUND: Tabulation Sheet.
FISCAL IMPACT: Water Metering Budgeted Funds for 1993 through Warehouse
Work ng Capital 710-043-0582-8709.
Re'spec Lilly submitted: /
L Lo Harrell
City Manager
Prepared by:
V ,
Name: Denise Harpool
Title: Senior Buyer
Approved:
~C~
Namo: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
•q~nC~J80
'I
1
I
AQSWI No ____23 - e
BID / ~QB~dltArtt__s^~
2464 + ' ~7f9.. ~L~6 3
BID NAME
WATER METERS J INDUSTRIAL J IV 71 ~G
OPEN DATE FEBRUARY 4, 1993 + INTEL INC J
J I EXHIBIT "A"
J QU! DESCRIPTION ' - - J
---i _EC__ J VENDOR J
JSTION A
6' NEW METERS J - -J
1 131' COMPOUND WATER METERS J
1411
=1,229.00 J
COMPOUND WATER METERS
B J
' J 1 6" COMPOUND WATER METERS I $2,045.00 J
~
1 J J $3,315.00 J
Deliveryi J 30 DAYS
Ii
1
I
1
I
I II
tt
t
A{endaitertL
h.ATE: APRIL 69 1993
CITY COUNCIL, REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1470 - PADMOUNTED SWITCIIGEAR
RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting
specification, Priester Supply In the total amount of 5102,144.00.
SUMMARY: This bid is for fourteen (14) padmounted switchgear for use through out
I the electrical distribution system. After evaluation of the bids by the Electrical
s Engineering staff it was determined that the lower priced AB Chance switchk ear does
not meet specification it aeveral ways.
Specifications Indicated that an inner steel compartment be used to Improve the
rigidity of the internal switch mechanism, and also call for a spring-loaded automatic
latch, the AB Chance switchgear does not provide these. Exceptions to
specifications were also taken In regards to paint, and warranty of automated retrofit
for SCADA.
BACKGROUND: Tabulatinn Sheet.
FISCAL IMPACT: Electric Distribution Budgeted Funds for 93 account #610-080-
0252-9222 with an appropriation balance of $707,320.26.
1y submltted
arrel
4tyMannaigger
Prepared by:
Tama: Denise Iiarpool
Title: Senior Buyer
Approved:
H. ShM.
Title: Purchasing Agent
{
f
v 1470 I i
\ I I I
CUMMINS TEMPLE WATSON I WESCO
V 1 (
PADMOUNTED SWITCHGEAR I CUMMINS I 1 I
S~ I A B I 1 ELECTRIC I
NL ATE FEBRUARY 16, 1993 I I
ANTITY DESCRIPTION I VENDOR 1 VENDOR I VENDOR I VENDOR I VENDOR
z 1 I I -1 I- I I
~r I I I I
IN 14 EA ITYPE 9 PADMOUNTED SWITCHGEAR 1$7.303.00 EACH 1$7,184.00 EACH 1$6,900.00 EACH 1$6,761.86 'ACH I;7,702.00 EACH
I WITH FUESE END FITTINGS TO 1 I I j
1 I ACCOMODATE SMU-20 FUSES I I
r I I I i ~ I I
2. 1 84 EA JEND FITTINGS TO ACCOMODATE 1 I I I $103.91 EACH
ISMV-20 FUSES I
E I I MANUFACTURER I S& C I A B CHANCE I S& C I S& C S& C
I I MODEL # I 65152-F1 IKA09OA20AJN 65152-F1 I 65152-Fl 1 PME-9
1 I I DELIVERY ARO 112 - 14 WK ARO 112 - 14 WK FOB 1 12- 14 WKS 1 12- 14 WKS I 12- 14 WKS
I I CERTIFIED DATA I YES 1 YES 1 YES I YES 1 YES
BID / 1470 1 I I I I
1 I I I I
BID NAME PADMOUNTED SWITCHGEAR I TECHLINE 1 PRIESTER I PRIESTER I POLELINE I POLELINE
I I SUPPLY CO. I SUPPLY CO. I ELECTRIC 1 ELECTRIC
OPEN DATE FEBRUARY 16, 1993 I { A I B 1 A I B
# IQUANTITY I DESCRIPTION 1 VENDOR I VENDOR VENDOR i VENDOR
` I 1 1 I I -
I I
1. 1 14 EA ITYPE 9 PADMOUNTED SWITCHGEAR 1$6,378.00 EACH [$6,690.00 EACH IS6,444.00 EACH 1$6,413.00 EACH 1$9,998.00 EACH
I I WITH FUESE END FITTINGS TO I I I I I
j 1 ACCOMODATE SMU-20 FUSES I I 1
I I I 1 1
1 1 I
I I 1 I I I
2. I 84 EA ]END FITTINGS TO ACCOMODATE 1 $122.00 EACH 1 $101.00 EACH 1 $123.50 EACH I I
1 ISMU-20 FUSES I I
I I MANUFACTURER I AB CHANCE I S& C I A B CHANCE I A B CHANCs } 0& W
I MODEL 1 I A090AZOAJN 1 PME-9 I AIS-9 1 AIS-9 1 PVI-9
I j DELIVERY ARO 1 12-14 WKS 1 22-14 WKS 1 12-14 WKS I 12-14 WKS I 10-12 WKS
I I CERTIFIED DATA 1 YES 1 YES 1 YES 1 YES I YES
I I I I I
I I I I I
i
i
Ag endaitem_
941E- APRIL 6, 1993
CITY COUNCIL REPORT 7f
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 01478 - UTILITY TRUCE; BODIES
RECOMMENDATION. We recommend this bid be awarded to the lowest bidder, Stahl
Inc., as listed below
Item 1 Body for 3/4 ton Truck $2,510.00 ea $ 2,510.00
Item 2 Body for 1 ton Truck $9,412.00 ea $18,824.00
Item 3 Stakebody with liftgate $3,050.00 ea $ 3,050.00
I
Total bid award
i $24,389.00
SUMMARY: These utility bodies are for truck cab/chassis approved by Council at
an earlier date. The completed units will be assigned to (1) Electric Distribution, (2)
Electric Distribution and (3) Fire Departments.
The one ton utility bodies include a hydraulic tool circuit and an optional high roof
covering.
I
BACKGROUND: Tabulation sheet.
PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: Motorpool, Electric '
Distribution, and Fire Departments.
FISCAL IMPACT: These bodies will be funded from the following combination of
accounts:
610-080-0252-9230 $18,824.00 Electric Department Vehicles and
610-060-0252-9230 Equipment
$ 20510.00 Electric Department Vehicles and
723-02.i-C093-9104 Equipment
$ 31050.00 Certificate of Obligation Funds
Respectf y submitted:
Lloyd V. arrell
City b1anager
AApppprrovveed` :
Name: Tom D. Shaw, C. P. NI.
Title: Purchasing Agent
~qunCe.776
BID $ 1476 I I I I
I I I I I
BID NAME UTILITY TRUCK BODIES I FT WORTH I COMMERCIAL I STAHL { UEC I
I TRUCK SUP. I BODY I I EQUIPMENT
OPEN DATE MARCH 25, 1993 I I CORP I I I
I I_ I I I
IQUANTITYI DESCRIPTION I VENDOR VENDOR I VENDOR I VENDOR I
I _I I I _I I~ I
-I I I I I I I
1. I 1 {UTILITY BODY FOR 3/4 TON TRUCKI $3,150.00 I $3,545.OU $2,510.00 I $3,859.00 {
MFG. I I I
1 { I MODEL I I I I I
I I I I I I
2. I 2 (UTILITY BODY FOR 1 TON TRUCK I NIB I $12,325.00 I $9,412.00 I $11,831.00 I
I I MFG. I I I I
I MODEL $ I I I I I
I I I i I I
3. I 1 ISTAKE BODY WITH LIFT GATE I $3,490.00 I $3,608.00 $3,050.00 I $3,509.00
I I MFG. I I I I
I MODEL $ ! I I I
I I I 1 I I I
I I I I I I I
DELIVERY I NOT NOTED I 45 DAYS I 45 DAYS I 45 DAYS I
t~ l ~ j { I I I I
~ I~ ~ I I 1 I I I
MATE: APRIL 6, 1993
CITY COUNCIL REPORT 9 lC
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID N 1482 - UTILITY TRACTOR
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Action
Imports of Denton in the amount of $12,992.00 for a John Deere 5200 Tractor.
SUMMARY: This bid is for the purchase of a 45 horsepower utility tractor for use by
the Waste Water Treatment Plant. The unit is a motarpool replacement for a 1976
tractor. Maintenance cost life to date is $12,899.66. This wait was approved for
replacement during the budget process.
BACKGROUND: Tabu
i lation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Waste Water Treatment Plant.
FISCAL IMPACT: This tractor will be funded from a combination of motorpool and
1992-93 budget funds:
720-025-0584-9104 hotorpool $ 8,885.00
625-082-0470-9104 1992-93 Budget 4,107.0
0
$12,992.00
Respec Illy submit /
i
LI Harrell
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
egenae. 7aa
r
I
f
BID 1 1482 i I I 1 I I
I ACTION IZIMMERER RUBOTAj G S G TRACTOR MCMASTER I COLLIN COUNTY }
BID NAME UTILITY TRACTOR I IMPORTS { OF DENTON 1 I FORD TRACTOR I FORD I
I I I I I I
OPEN DATE MARCH 25, 1993 I I i I I I
I_ I I
IQUANTITYI DESCRIPTION_ I VENDOR { VENDOR I VENDOR I VENDOR I VENDOR I
I I 1-_ I I I _I I
I I ~ I I I 1 }
1. I 1 ITRACTOR I $12,992.00 i $13,226.00 ± $14,200.00 i $13,850.00 i $13,106.00
} { I i
~ ~ I I MFG. I JOBN DEERE ~ FCUBOTA ~ FORD { FORD I FORD I
\ i I MODEL 1 I 5200 I M4030SU I 3930 3930 I 3930 I
Lh v I I I I I I I
DELIVERY 60 D4Y5 I 14 DAYS I NOT DOTED I 10 DAYS I 15 DAYS I
~ i TEXT POWERTRAIN TEXT FOWEATPAIN I
i \ I I I WARRANTY I WARRANTY I
I+ $1130.00 I I I + $355.00 I
III ? -'I I I I ADD'L WEIGHTS I I I FULL LY)V.
i dp i I + $192.00 I I j WARRANTY I
S 1 I I j I ♦ $575.00 j
I I I ~ ~ ~ I I
I I I I I I I I
r I I:I
t
44
CITY
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COUNCIL
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ORDINANCE NO. f C 7
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF PROFESSIONAL SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, section 252.022 of the Local Government Code provides
that a procurement for personal or professional services; 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 DENTUN 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.
I
PURCHASE
ORDER NUMBER VENDOR AMOUNT
33224 DELOITTE 6 TOUCHE $ 12,500.00
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.
I
i
~ Agenda Ma
aperdaiMm k' ~
Date ~f 13
~2f
SECTION IV. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of _.t 1993.
I ,
j BOB CAST EBERRY, MAYOR
I i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Agenda N0. _Z3:V
A~endaltem
DA E: AVAIL 6, 1993
CITY COUNCIL REPORT' -7
U
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER f 33224 - DELOITTE & TOUCHE
RECOMMENDATION: We recommend Purchase Order #33224 to Deloitte and Touche
II a~ be approved in the amount of 512,500.00.
V I
SUMMARY: This purchase order is for arbitrage rebate services for
1987,1988, 1989,1991 and 1992 bond issues as of 9-30-92.
j The services dealt with on this purchase order are for Professional Services that are
exempt from the bid process.
j BACKGROUND: Purchase Order #33224, Invoice #02125385 and letter of agreement
from Deloitte and Touche.
` PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Finance Administration.
FISCAL IMPACT: Funds for this purchase order will be taken from ten different
account numbers to various amounts. Each bond issuance will be charged an
appropriate share of the total cost.
Respectf lly submitted:
v
oyd Harrell
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
.q.nd..171
CITY OF DENTON, TEXAS
901-8 TEXAS STREET PURCHASE ORDER *vW0rxz6x l/_ 3~_
P.O. NUMBER Apeedaitetrl L, -
DATEIVENDOR NO. OOOUIW011- 2 n,F
33224
7
VENDOR SHIP T0:
DELOITTE & TOUCHE FINANCE ADMINISTRATION
SUITE 2340 215 E. MCRINNEY
801 CHERRY ST. DENTON,TX 76201
FT WORTH, TX 76102-6801
I
ITEM ACCOUN7NUMBER UNITS NUMBER DESCRfPTiON BIDNO. LINEAMOUN
I
01 LISTED ON ATTACHED INVOICE ARBITRAGE SERVICES $ 12,500.00
f
I
I
The City of Denton, Texas 19 tax exempt-House BIII No. 20. TOTAL PO AMOUNT $ 12, 500.00
Aefsrance P.O. Number on all BIL, Shipments and Involcea.
Shipments are F.O. B. City of Denton, or is Indlcs!*~. By
Bend Invoice* TO: Wool Inqulrles TO:
Clty of Dentol, Accounts Payable John J. Marshall, C. P. M. Purchasing Agent
216 E. McKinney SL, Denton, TX 76201 Tom D. Shaw, C. P. M. Asst, Purchasing Agent
(or as indicated on Purchase order) 817!888-8311 DIFW Metro 287-0042
The Illy of Denton lain equal opportunity employer
I
4
Deloitte & Aaerda Na
Tochi uA9eadaltern
~11e -
F ZW
Su to 2340 - t
801 Cherry5tre,,
Fort Worth, Texas 76102.6801
(817) 336-2531, Metro 654-2777
Facs+mile (817)336-2013
Taxpayer10 No 13-5133500
City of Denton DATE February 23, 199.1
215 East McKinney INVOICE N1 "46ER 02t25385
Denton, Texas 76201
REFERENCE NUMBER:
- Attention of Mr, Harlan Jefferson
r
lil
Due and Payable on Receipt
For arbitrage rebate services in connection with v3
ended the following September bond 30issues for the fiscal year
, 1992:
' $3,500,000 General Obligation Bonds, Series 1987
' $500,000 Certificates of Obligation, Series 1987
• $17,485,000 Utility System Refunding Bonds, Series 1987
' $3,600,000 General Obligation Bonds, Series 1988
• $3,500,000 Utility System Revenue Bonds, Series 1988
• $3,615,000 General Obligation Bonds, Series 1989 and y i r • ~ ADNIV , r70, !
$1,155,000 Certificates of Obligation, Series 1989 1
(combined) J,i rr;-236e1z
k0 S6 -ALf t%'-33 5,15
• $1,550,000 Certificates of Obligation, Series 1989•A ( ~>>I Rt3bq-~lrIA J1 = ~t p+JZ,~p
• $20,000,000 Utility System Revenue Bonds, Series 1989 t JD ua'' 11;*'/- tY%11 tolsJ 11
G.Z I U$J - P,Y,'a' .:1t1"r ~ 3109.3
• $590,000 Certificates of Obligation, Series 1991 J I,! .210 q
1~ ,ate _ T4 1"
• $2,630,000 General Obligation Bonds, Series 1992 and 1137 o90 AC!'1I-CLlrv' 65!?c,7,t/
$1,325,000 Certificates of Obligation, Series 1992
(combined) S'3' 040 A,31-060i,-
~1
F57J7 IG6U (o
• $4,500,000 Utility System Revenue Bonds, Series 1992 t14+~ UIJO a[bL Ct1~J, f5d7 oyG.~Jr
Total Amount of Billing
,'12 5
I
DDAgWaNo . l3 -e
~elo~tte a Animej; terrL /2S /l
Teuchety_ - 3
Sr;e2350
Cherrv Streel Te eph° e 1~1 7) 347-3300
Fort'Nurth. Teas 76102 6601 Facs m ie f817)336-2o73
November 15, 1991
City of Denton
hfunicipal Building
Denton, Texas 76201
This letter will confirm our understanding of the arrangements covering our renderin
the arbitrage rebate services listed below for the City of Denton. g of
D&T rebate services
services will consist of the following activities for each bond issue for which
are requested:
Calculation of the bond yield as required.
• Annual determination of the amount, if any,
.
government. Of required rebate to the federal
• Issuance of an annual report presenting the results for the immediately preceding
bond year, plus cumulative results since issue date.
• Preparation of necessary reports and IRS forms to accompany any required
payment to the federal government.
All cogputations will be based on our interpretations of current law and regulations, or as
modified at the request of your bond counsel, if agreed to by us.
J Although only temporary regulations have been promulgated by the United States
epartment of the Treasury, we continue to monitor activity
Software usW by us in providing services is updated to accommoate in thi.; area and the computer
develop. Computations for subsequent years will reflect Ile applidcation of anY updated
regulations to the bond issue from the issue date through
by the report. the end of the latest they
year covered
D&T professional fees (due and payable on receipt of an invoice from us) for services
listed on e ll be based on the actual time required to
out-o- OA ased..on ' experience levels of the professionals provide°rf services at hourly rates
b
issue (for the tferstey year estimated fee for each re g rvices, Plus all reasonable
out of or $1,000 Port issued by us is $1,250.00 per
pocket expenses, In the event that less than $1,250 update Plus reasonable
accumulated, less will be billed. 5 ,000 of charges are
MemppDRTlniernabona!
NiendaNo
Agenda Itenr
Ikst@_ !L V J >
In connection with the engagement, you or your bond counsel will need to provide to u~C
copies of all requested documents. Y9u will be responsible for ent[y Qf all investme t
of all of the issue's "gross proceeds," using the Data Entry Module. Such data shall then
be delivered to us on computer diskettes. If such data is not input pproperly and so received
by us in disorder, additional fees may be required. We will provize a limited review of the
accuracy of the data input function. Where any proceeds have been commingled with
amounts not considered "gross proceeds" of the bonds, you will have sole responsibility for
making any necessary allocations. Assistance may be requested from D&T; any fees
applicable to such work are not included with the fees set forth above.
You will have sole responsibility for determining what constitutes "gross proceeds" of each
series of bonds for the purposes of the rebate requirements. With respect thereto, you
may seek the advice of your bond counsel with respect to the bonds or of D&T, which
advice shall not be included within the fees set forth above. We will be entitled to rely
' conclusively on your determination of what constitutes "gross proceeds."
You will have the sole responsibility for the accuracy and completeness of all da a and
information provided to us. We will rely solely on such data and information furnished to
us and will have no obligation to audit, verify, check, inquire, analyze, or apply ony
procedures with respect to it,
We will be available to assist you in the event of an inquiry by tie Internal Revenue
Service re&arding the rebate requirement applicable to any of the bonds. The fee for such
assistance is not included in the fees set forth above.
We will have no liability to you or to any other person or entity for any action taken or
onatted to be taken by us which is due to reliance on any data or information provided to
us for use in providing the arbitrate rebate services enume-ated above. Any liability we
may have for any reason whatsoever arising under or relating to this engagement shall not
exceed in the aggregate the professional fees actually received by us hereunder (except that
if the negligence of D&T causes the City to incur a penalty for underpayment of rebate,
such penalty shall not be subject to such limit).
If you are in agreement with the terms and conditions set forth above, please sign the
enclosed copy of this letter and return it to us.
Yours truly,
George A. Scott
Partner
Accepted by -,/;/,y/ r--~
I
Title l LiSIJr~%'Li~_
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f
ORDINANCE NO.
1-'t' c /:Z 7
/
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH HIDELL ARCHITECTS FOR PROFESSIONAL ARCHITECTURAL
SERVICES RELATING TO DESIGN OF THE BRANCH LIBRARY FOR THE CITY OF
DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement between the City of Denton and Hidell Architects for
professional architectural services relating to the design and
construction of the Branch Library, under the terms and conditions,
contained in said agreement, which is attached hereto and made a
part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinar+re shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1993.
I
J
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
9970.0R7
' kirdaNo
Agendailem,
APRIL 6, 1993
CITY COUNCIL REPORT 97
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJEC'T': RFP #9970 - ARCIIITECTURAL/ENGINEERING SERVICES FOR THE
DESIGN AND CONSTRUCTION OF A PUBLIC LIBRARY
RECOMMENDATION: We recommend this RFP #9970 and contract for professional
services be awarded to Hidell Architects in the amount of $68,00o.00.
SUMMARY:
This contract calls for the design and construction supervision of e
10,000 square feet Public Library building. The design will be based on a base
building of 10,000 s i:;are feet expandable In phases up to 30,000 square feet.
The contract further states that the architects fees for any expansion shall not
exceed 8.5% of the additional construction cost.
` Included is a tentative work schedule with schematic drawings starting on Alay 29,
1993 and ending with an estimated completion date of October 30, 1999.
The Library Board interviewed four qualified Architects and selected Hidell
Architects for recommendation to the City Council.
BACKGROUND: Memorandum of Aril S 1993
Libra r- y Dor, p { prepared by Eva Pool, Interim
FISCAL IMPACT: This contract for professional services will be funded from Library
Bonds Funds.
Respectf ffy submitte
Io d liarrell
City Manager
Approved:
i
Name: Tom D. Slew, C.P.M.
Title: Purchasing Agent
agence. 75{
I
I
h
Agenda No
LISA WxLL SUPPLY OF2SGi2N1~t, OF
EVA POOLE • S
MEMOL2ANDtTM AND
I CLEAN CUPX OF CONTRACT
' I
vndaNo
CITY CORICIL REFS FCOW Agoda
-
70: MAYOR AND MEMBERS OF THE CITY COUNCIL
FIM: LLOYD V. MMUI,L, CITY MANAGER
Stlamm: ORDI WKZ AUI1URIM4 THE MAYOR To ExEX n AN AaREH~uNP 9Enem THE
CITY OF DEMON AND HIDEIL ARUMwIS FOR THE DESIQi AMID OWn4.).'ITON
OF A 10,000 S"M FM BRANCH LIBRARY E XPMNDAB,S TO 30,000 S"M
FEET
DATE: APRIL 6, 1993
I I~aoa_ ~rroN:
The Library recimoends that the City Council review and approve the contract
with Hidell Architects in the amount of $68,000.
Owu^trAs you will (recall Ton N Iov he 3,w1992, the officially servioes and
Y signed to b by the Mayor with the
understanding that the oonstnntion contract would have to be signed by Septanber
7, 1993. We have since then been given a 60-90 day extension in order to give the
Friends of the E)nily Fowler Public Library an opportunity to solicit additional
omoni
$97,, it es 13 mivarious fois'criic al that the H d Architect Title II Grant amount
agreement be signed.
I :
On December 130 1986, the citizens of Denton approved a million-dollar bond
issue for library improvement and expansion. The following chronology lists the
chain of events that have occurred since 1986:
o On June 20, 1989, the Denton Library Board reoorr*xded to the City
council Hideo Architects to design the new branch library.
0 April 12, 1990 - The Library Board recommended the building of a
library branch on property to be aovired by the city on Lillian
Miller Parkway and Teasley Lane in Connection with a fire station.
o June 21, 1990 - The plans for the new library building on the proposed
city Capital Improvements plan list were delayed because of the
financial position of the City. The $600,000 bond issue anticipated to
be sold in 1990/91 was then postponed indefinitely.
o January 17, 1991 - The Library Board authorized staff to pay from
available bond money estimated Phase I library oonstsvction costs for
drives and parking lot, public sidewalks, sewer and water lines
totalling $E1,000 to begin the site develcpnent phase in conjunction
with the building of the fire station.
0 May 15, 1992 -The model of the new branch building, a tentative
schedule of design and construction phase was presented to the Denton
Library Board by Hidell Architects.
0 ofbondsltotalling of council ion oofa 1TManch libraryy seco ~ issue
I
i
I
I
Page -2-
ageadaF;o
' Agerda Ito ~ .
FISCAL IMPACT: tkate ~ . y G• - 9~
The coritract calls for the design and construction of a 10,000 axiuaree nee
branch building with the following costs: ,5~c,/ oZ 7
Construction Costs ($80 per square foot) $800,000 Q
Architectural Services 68,000
Materials testing $ 7,038
Total Estimated Project Cost $ 875,038
Available funding on hand as of Mardi 2, 1993:
Wsting -Rr r- $ 219,005
*Authorized/unissued Bonds 565,000
Texas State Library Grant 97,133
Friends of the Library Fundraiser $ 6,591
Total Available Funding on Hand $ 887,729
First Year Operating Budget Cost
Personal Services S 190,535
Maintenance 16,500
Services 28,400
Fixed Assets/Supplies 50,000
Total First Year Operating Budget Cost $ 195,435
CCtaC'LtKICtj
The Friends of the EnilY Fowler Public Library still have unUl May 310 1993
to fulfill their goal to raise $460,000. As stated above, they have only $6,591
to date. The Denton Library Board has discussed the status of the fundraiser and
strategies to raise needed funds for a larger facility and/or furnishings.
*'Ihe $565,000 total here fray the original second issue of $6000000 has been
diminished to reflect the $25,000 used to pay for the long-range plan for the
Library and $10,000 surcharge for the bond sale.
Y SuEmr
L1 . HarAell, ty ger
PREP APID BY:
~+d Pool /
Interim Library Director
W D
Plmieipal oes/DOonmia Dewelcpwa
Ni=308/033193/js
i
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH HIDELL ARCHITECTS FOR PROFESSIONAL ARCHITECTURAL
SERVICES RELATING TO DESIGN OF THE BRANCH LIBRARY FOR THE CITY OF
DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DI"E.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the Mayor is authorized to execute an agree-
ment between the City of Denton and Hidell Architects for profes-
sional architectural services relating to the design and construc-
tion of the Branch Library, under the terms and conditions, con-
tained in said agreement, which is attached hereto and made a part
hereof.
SECTION II- That the City Council hereby authorizes the ey.-
penditure of funds in the manner and amount as specified int lie
agreement.
SECTION I7I. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
J '
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
I
E
AGREEMENT FOR ARCHITECTURAL SERVICES
This Agreement made as of the day of , 1993
between the City of Denton, Texas, hereinafter referred to as
"Owner", and Hideli Architects, hereinafter referred to as "Archi-
tect" for the fc.llowing Project: Design and contract administration
services for the Branch Library for the City of Denton, Texas.
The owner and Architect agree as set forth below.
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVIC28
i
1 1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's con-
sultants as enumerated in Articles 2 and 3 of this Agreement and
any other services included in Article 11.
1.1.2 The Architect's services shall be performed as exped-
itiously as is consistent with the highest degree of professional
skill and care and the orderly progress of the Work. Upon request
of the Owner, the Architect shall submit for the Owner's approval
a schedule for the performance of the Architect's services which
may be adjusted as the Project proceeds, and shall include allow-
ances for periods of time required for the owner's review and for
approval of submissions by authorities having jurisdiction over the
Project. Time limits established by this schedule and approved by
the owner shall not, except for reasonable cause, be exceeded by
the Architect or Owner, and any adjustments to this schedule shall
be mutually acceptable to both parties.
1.1.3 The services covered by thie Agreement ari subject to
the time limitations contained in Subparagraph 10.4.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES 1
i
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those describ-
ed in Paragraphs 2.2 through 2.6 and any other services identified
in Article 11 as part of Basic Services, and include without limi-
tation normal structural, mechanical and electrical engineering
services and any other engineering services necessary to produce a
complete and accurate set of Construction Donuments, as described
by and required in Paragraph 2.4.
2.2 OCBEMATIC DESIGN PHASE
2.2.1 The Architect, in consultation with the owner, shall needs
de-
velop a written program for the Project to ascertain Owner's
needs
and to establish the requirements for the Project.
2.2.2 The Architect shall provide a preliminary evaluation of
the owner's program, construction schedule and construction budget
requirements, each in terms of the other, subject to the limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the owner alternative
approaches to design and construction of the Project.
2.2.4 eased on the mutually agreed-upon program, schedule and
construction budget requirements, the Architect shall prepare, for
approval by the Owner, Schematic Design Documents consisting of
drawings and other documents illustrating the scale and relation-
ship of Project components. The Schematic Design shall contemplate
compliance with all applicable laws, statutes, ordina
and regulations. nces, codes
2.2.5 The Architect shall submit to the Owner a preliminary
4 detailed estimate of Construction cost based on current area, vol-
ume or other unit costs and which indicates the cost of each cate-
gory of work involved in constructing the Project and establishes
an elapsed time factor for the period of time from the commencement
to the completion of construction,
I
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the owner in the program, schedule or
construction budget, the Architect shall
the Owner, Design Development Documents co nsisting of drawingsland
other documents to fix and describe the size and character of the
Project as to architectural, structural, mechanical and electrical
systems, materials and such other elements as may be aroriate
which shall comply with all applicable laws, statutes, ordinances,
codes and regulations. Notwithstanding owner's approval of the
documents, Architect warrants that the Documents and specifications
will be sufficient and adequate to fulfill the purposes of the
Project.
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost in a further De-
tailed Statement as described in Paragraph 2.2.5,
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and
PAGE 2
any further adjustments in the scope or quality of the Project or
in the construction budget authorized by the Owner, the Architect
shall prepare, for approval by the Owner, Construction Documents
consisting of Drawings and Specifications setting forth in detail
requirements for the construction of the Project, which shall com-
ply with all applicable laws, statutes, ordinances, coO,-!s and regu-
lations.
2.4.2 The Architect shall assist the Owner in the preparation
of the necessary bidding information, bid,-ing forms, the Conditions
of the contract, and the form of Agreement between the Owner an9
contractor.
2.4.3 The Architect shall advise the owner of any adjustments
to previous preliminary estimates of construction Cost indicated by
changes in requirements or general market conditions.
2.4.4 The Architect shall assist the owner in connection with
the Owner's responsibility for filing documents required for the
approval of governmental authorities having jurisdiction o,f3r the
Project.
2.9 BIDDING
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary detailed esti-
mate of Construction cost, shall assist the Owner in obtaining bids
and assist in awarding and preparing contracts for construction.
2.5.2 If the lowest bid for the construction of the Project
exceeds the total construction cost of the Project as set forth in
the approved Detailed Statement of Probable Construction Costs of
the Project submitted by the Architect, then the Architect, at its
sole cost and expense, will revise the Construction Documents as
may be required by the city to reduce or modify the quantity or
quality of the work so that the total construction cost of the Pro-
ject will not exceed the total construction cost set forth in the
approved Detailed Statement of Probable construction costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences with the
award of the contract for construction and terminates at the issu-
ance to the Owner of the final Certificate for Payment, unless ex-
tended under the terms of subparagraph 9.3,2,
2.6.2 The Architect shall provide detailed administration of
the Contract for Construction as set forth below and in the edition
of AIA document A201, General conditions of the Contract for Con-
PAGE 3
struction, current as of the date of this Agreement, unless other-
wise provided in this Agreement.
2.6.3 Construction Phase duties, responsibilities and limita-
tions of authority of the Architect shall not be restricted, modi-
fied or extended without written agreement of the Owner and Archi-
tect.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the owner (1) during construction, and (2)
at the Owner's direction from time to time during the correction or
warranty period described in the Contract for Construction. The
Architect shall have authority to act on behalf of the Owner only
to the extent provided in this Agreement unless otherwise modified
by written instrument.
~ i
2.6.5 The Architect shall inspect the construction site at
least two times a week, regardless of whether construction is in
progress, to become familiar with the progress and quality of the
Work completed and to determine if the Work is being performed in
a manner indicating that the Work when completed will be in accord-
ance with the Contract Documents. Architect shall provide Owner a
written report subsequent to each on-site visit. On the basis of
on-site observations as an architect, the Architect shall keep the
owner informed of the progress and quality of the Work, and shall
exercise the utmost care and diligence in discovering and promptly
reporting to the Owner any defects or deficiencies in the work of
Contractor or any subcontractors. The Architect represents that he
will follow the highest professional standards in performing all
services under this Agreement. Any defective designs or specifica-
tions furnished by the Architect will be promptly corrected by the
Architect at no cost to the Owner. The owner's approval, accep-
tance, use of or payment for all cr any part of the Architect's
services hereunder or of the Project itself shall in no way alter
the Architect's obligations or the owner's rights hereunder.
2.6.6 The Architect shall not have control over or charge of
and shall not be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precautions and pro-
grams in connection with the Work. The Architect shall not be re-
sponsible 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 Architect's negligent acts or omis-
sions. The Architect shall not have control over or charge of acts
or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
PAGE 4
2.6.8 Except as may otherwise be provided in the Contract/ ow=
uments or when direct communications have been specially author-
ized, the Owner and Contractor shall communicate through the Archi-
tect. Communications by and with the Architect's consultants shall
be through the Architect. i
2.6.9 Based on the Architect's observations at the site of the
work and evaluations of the Contractor's Applications for Payment,
the Architect shall r,,,iew and certify the amounts due the Contrac-
tor.
2.6.10 The Architect's certification for payment shall Consti-
tute a representation to the owner, based on the Architect's obser-
vations at the site as provided in Subparagraph 2.6.5 and on the
data comprising the Contractor's Application for Payment, that the
Work has progressed to the point indicated and that the
A quality Work is in accordance with the Contract Documents. The fore-
going representations are subject to minor deviations from the con-
tract Documents correctable prior to completion and to specific
qualifications expressed by the Architect. The issuance of a Cer-
tificate for Payment shall further constitute a representation that ~i
the Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not be a
representation that the Architect has (1) reviewed construction
means, methods, techniques, sequences or procedures, or (2) ascer-
tained how or for what purpose the Contractor has used money pre-
viously paid on account of the contract Sum.
2.6.11 The Architect shall have the responsibility and author-
ity to reject Work which does not conform to the Contract Docu-
ments. Whenever the Architect considers it necessary or advisable
for implementation of the intent of the Contract Documents,•tiie
Architect will have authority to require additional inspection or
testing of the Work in accordance with the
provisions
tract Documents, whether or not such work is fabricated, installed
or completed. However, neither this authority of the Architect nor
a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the
Architect to the contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons performing
portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as shop Draw-
ings, Product Data and Samples for the purpose of (1) determining
compliance with applicable laws, statutes, ordinances and codes;
and (2) determining whether or not the Work, when completed, will
be in compliance with the requirements of the Contract Documents.
The Architect shall act with such reasonable promptness to cause no
delay in the Work or in the construction of the owner or of sepa-
rate contractors, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the
PAGE 5
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accuracy and completeness of other details such as dimensions and
quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractor, all
of which remain the responsibility of the Contractor to the extent
required by the Contract Documents. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of construction means, meth-
ods, techniques, sequences or proced,.ires. The Architect's approval
of a specific item shall not indicate approval of an assembly of
which the item is a component. When professional certification of
performance characteristics of materials, systems or requipment is
required by the Contract Documents, the Architect shall be entitled
to rely upon such certification to establish that the materials,
systems or equipment will meet the performance criteria required by
the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and Construc-
tion Change Directives, with supporting documentation and data if
deemed necessary by the Architect as provided in Subparagraphs
3.1.1 and 3.3.3, for the owner's approval and execution in accor-
dance with the Contract Documents, and may authorize minor changes
in the Work not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent with the
intent of the Contract Documents.
2.6.14 On behalf of the Owner, the Architect shall conduct in-
spections to determine the dates of Substantial Completion and
Final Completion, and shall issue Certificates of Substantial and
Final Completion. The Architect will receive and review written
guarantees and related documents required by the Contract for Con-
struction to be assembled by the Contractor and shall issue a final
certificate for Payment upon compliance with the requirements of
the Contract Documents.
2.6.15 The Architect shall interpret and provide recommenda-
tions on matters concerning performance of the Owner and Contractor
under the requirements of the Contract Documents on written request
of either the owner or Contractor. The Architect's response to
such requests shall be made with reasonable promptness and within
any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of draw-
ings. When making such interpretations and initial decisions, the
Architect shall endeavor to secure faithful performance by both
Owner and Contractor, and shall not be liable for results or inter-
pretations or decisions so rendered in good faith in accordance
with all the provisions of this Agreement and in the absence of
negligence.
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2.6.17 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the execution or
progress of the Work as provided in the Contract Documents.
2.6.16 The Architect (1) shall render services under the
Agreement in accordance with the highest professional standards Worth burseithlin e owner for D all d mages caused by metroplhexd
im-
defective)designsethe
Architect prepares; and (3) by acknowledging payment by the Owner
of any fees due, shall not be released from any rights the Owner
may have under the Agreement or diminish any of the Architect's
{ E obligations thereunder.
2.6.19 The Architect shall provide the owner with one (1) set
of reproducible prints (as-built Drawings) showing all si
changes to the construction Documents for the Ownrs fileificant
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not includ-
ed in Basic Services unless so identified in Article 11, and they
shall be paid for by the owner as provided in this Agreement, in
addition to the compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services de-
scribed under Contingent Additional Services in Paragraph 3.3 are
required due to circumstances beyond the Architect's control, the
Architect shall notify the Owner prior to commencing such services.
If the Owner deems that sur..n services described under Paragraph 3.3
are not required, the Owner shall give prompt written notice to the
Architect. If the owner indicates in writing that all or part of
such contingent Additional Services are not required, the Architect
shall have no obligation to provide those services. Owner will be
responsible for compensating the Architect for Contingent Addition-
al Services only if they are not required due to the negligence or
fault of Architect.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES '
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carrying
out such additional on-site responsibilities.
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3.2.2 Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated
therefor as agreed by the Owner and Architect. The duties, respon-
sibilities and limitations of authority of Project Representatives
shall be as described in the edition of AIA Document 8352 current
as of the date of this Agreement, unless otherwise agreed. ons tive3.2.3. Archite t seal b endeavor toy such Project Representa-
s, the
the Owner against defects and deficienciesein the Wo k,obuttthe
furnishing of such project representation shall not modify the
rights, responsibilities or obligations of the Architect as de-
scribed elsewhere in this Agreement,
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or
other documents when such revisions are:
1. Inconsistent with approvals or instructions previously
given by the owner, including revisions made necessary
by adjustments in the Owner's program or Project bud-
get;
2. required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such docu-
ments, or
3. due to changes required as a result of the Owner's
failure to render decision in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project Including, but not limited to, size, qual-
ItY, complexity, the owner's schedule, or the method of bidding and
contracting for construction, except for Services required under
Subparagraph 2,5.2.
3.3.3 Preparing Drawings, Specifications and other documenta-
tion and supporting data, and providing other services in connec-
tion with Change Orders and Construction Change Directives.
3.3.4 Providing consultation concerning replacement of Work '
damaged by fire or other cause during construction, and furnishing
services required in connection with the replacement of such work.
34305 Providing services made necessary by the default of the
Contractor, by major defects or deficiencies in the Work of the
Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive ntmber of
Work,
claims submitted by the Contractor or others in connection with the
3.3.7 Providing services in connection with a
tecttistaon proceeding or legal proceeding except where the Archi-
party thereto. public hearing,
~ 3.3.8 Preparing
tial
stru bids or providing services inrconnectionowith barate iddin r sequen-
ion
Phase. Prior to the completion of the Construction Documents
g r con-
3,4 OPTIONAL ADDITIONAL sERVICEs
ies,
3.4.1 Providing financial feasibility or other special stud-
3.4.2 Providing planning surveys, site evaluations or compara-
tive studies of prospective sites.
3.4.3 Providing
submissions special surve s
required for a Y , environmental studies and
others having Jurisdictionpoveratheoproject,mental authorities or
3.4.1 ct
tams and aquipmentovidi. ng services relative to future facilities, s s_
Y
fa .4.5 Providing services to investigate existing conditions or
cil3ities or to make measured drawings thereof.
3.4 .6 Providing services to verify the accuracy of drawings or
other information furnished by the owner,
3.4.7 Providing coordination of construction performed by se
arate contractors or by the Owner0s own forces and coordination of
services required in connection with construction
equipment supplied by the owner.
performed
and
3.4.8 Providing services in connection with the work of a con- ,
struction manager or separate consultants retained
3.4.9 Providin by the Owner,
material, equipmentgand detlaborailed quantity surveys or inventories of
3.4.10 Providin
3.4.11 g analyses of owning and operating costs,
equipment Making investigations, inventories of
lines, p or valuations and detailed appraisals of eximaterials stin or
g f aci-
PAGE 9
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3.4,12 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
andrmaintenan maintenance
and consultation manuals, during training operationel for operation
3.4.13 Providing interior design and similar services required
for or in connection with the selection, procurement or installa-
tion of furniture, furnishings and related equipment.
2.6.4,4afterPi suance to the services other rof htheafinalvCertificate Section
Payment and expiration of the Warranty period of the Contract for
Construction.
344.13 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
ticns of the Project provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance with gen-
erally accepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings showing
significant changes in the Work made during construction based on
marked-up prints, drawings and other data furnished by the Contrac-
tor to the Architect. (This is for drawings prepared in addition
to those specified in Section 2.6.19.)
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Architect regarding re-
quirements for the Project, including (1) the Owner's objectives,
(2) schedule and design constraints and criteria, including space
requirements and relationships, flexibility, expendability, special
equipment, systems and site requirements, as more specifically de-
scribed in Paragraph 2.2.1.
4.2 The Owner shall establish and update an overall budget for
the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish 1
evidence that financial arrangements have been made to fulfill the
Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The Owner
or such authorized representative shall render decisions in a time-
ly manner pertaining to documents submitted by the Architect in
PAGE 10
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order to avoid unreasonable delay in the orderly and sequential
progress of the Architect's services.
4.5 The owner shall furnish surveys describing physical char-
acteristics, legal limitations and utility locations for the site I
of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable, grades
and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, ease-
ments, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data
pertaining to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both
public and private, above and below grade, including inverts and
depths. All the information on the survey shall be referenced to
a project benchmark.
4.6 The Owner shall furnish the services of geotechnical engi-
neers when such services are requested by the Architect. Such ser-
vices may include but are not limited to test borings, test pits,
determinations of soil bearing values, percolation tests, evalua-
tions of hazardous materials, ground corrosion and resistivity
tests, including necessary operations for anticipating sub-soil
conditions, with reports and appropriate professional recommenda-
tions.
4.6.1 The Owner shall furnish the service's of other consul-
tants when such services are reasonably required by the scope of
the Project and are requested by the Architect and are not retained
by the Architect as part of its Basic services.
4.7 The Owner shall furnish structural, mechanical, chemi-
cal, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and re-
ports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insur-
ance counseling services as may be necessary at any time for the
Pro ect, including auditing services the owner may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by
or on behalf of the owner.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's ex-
pense, and the Architect shall be entitled to rely upon the accur-
acy and completeness thereof in the absence of any negligence on
the part of the Architect,
4.10 The Owner shall give prompt written notice to the Archi-
tect if the owner becomes aware of any fault or defect in the Pro-
PAGE 11
AAer,daNo .VLF
ject or nonconformance with the Contract Documents.
4.11 Architect shall propose language for certificates or cer-
tifications to be requested of the Architect or Architect's consul-
tants and shall submit such to the owner for review and approval at
least fourteen (14) days prior to execution. The Owner agrees not
to request certifications that would require knowledge or services
beyond the scope of this Agreement.
ARTICLE S
CONSTRUCTION COST
i f
S.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or esti-
mated cost to the owner of all elements of the Project designed or
specified by the Architect.
S.1.2 The Construction Cost shall include the cost at current
market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for
by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of
bidding and for changes in the Work during construction.
5.3.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the land,
rights-of-way, financing or other costs which are the responsibili-
ty of the owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
54.1 Evaluations of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Construc-
tion Cost prepared by the Architect represent the Architect's best
judgment as a design professional familiar with the construction
industry. It is recognized, however, that neither the Architect
nor the Owner has control over the cost of labor, materials or
equipment, over the contractor's methods of determining bid prices,
or over competitive bidding or market conditions. Accordingly,
the Architect cannot and does not warrant or represent that bids ,
will not vary from the Owner's Project budget or from any estimate
of Construction Cost or evaluation prepared or agreed to by the
Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by Vi furnishing, proposal or
establishment of a Project budget, unl: a such fixed limit has been
agreed upon in writing and signed by the parties thereto. If such
PAGE 12
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a fixed limit has been established, the Architect shall be permit-
ted to include contingencies for design, bidding and price escala-
tion, to determine what materials, equipment, component systems and
types of construction are to be included in the Contract Documents,
to make reasonable adjustments in the scope of the Project and to
include in the Contract Documents alternate bids to adjust the
Construction cost to the fixed li
be increased in the mit. Fixed limits, if any, shall
amount of an Increase in the Contract sum
r V
occurring after execution of the Contract for Construction.
5,20 If the Bidding Phase has not commenced within 90 days
j after the Architect submits the Cons
be adj truction Documents to the
Owner any any p to budget or fixed limit of Construction cost shall
E o reflect changes in the general level of prices in
the construction industry between the date of submission of the
construction Documents to the Owner and the date on which proposals
are sought.
ARTICLE 6
USE OF ARCHITECT'S DRAWINOSo
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared
by the Architect for this Project are instruments of the Archi-
tect's service for use solely with respect to this Project and,
unless otherwise provided, the Architect shall be deemed the author
of these documents and shall retain common law, statutory and
other reserved rights, including the co
permitted to retain copies, including reproduciblee opi sshoflthe
Architect's Drawings, Specifications and other documents for infor-
mation and reference in connection with the Owner's use and occu-
pancy of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner. or others on other
projects, but may be used for completion of this Project by the
Owner or others.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connection with
the Project is not to be construed as publication in derogation of
the Architect's reserved rights.
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 Architect may terminate this Agreement upon not less than
thirty days written notice should the Owner fail substantially to
perform In accordance with the terms of this Agreement through no
fault of the Architect. Owner may terminate this Agreement or any
phase thereof Architect with ho the understanding dthat pimmediately upont recei tof
t
p of
PAGE 13
Agenda Ilom ~
such notice, all work and labor being performed under the Agreement
shall cease immediately. Before the end of the thirty (30) day
period, Architect shall invoice the Owner for all work it performed !
prior to the receipt of such notice. No amount shall be due for i
lost or anticipated profits. All plans, field surveys, and other
data related to the Project shall become property of the owner upon
termination of the Agreement and shall be promptly delivered to the
owner in a reasonably organized form. Should owner subsequently
contract with a new architect for continuation of services on the
Project, Architect shall cooperate in providing information.
i
1 7.2 If the Project is suspended by the owner for more than 30
consecutive days, the Architect shall be compensated for services
performed prior to notice of such suspension. When the Project is
resumed, the Architect's compensation shall be equitably adjusted
to provide for expenses incurred in the interruption and resumption
of the Architect's services.
7.3 This Agreement may be terminated by the owner upon not
less than seven days written notice to the Architect in the event
that the Project is permanently abandoned. If the Project is
abandoned by the owner for more than 90 consecutive days, the Ar-
chitect or the owner may terminate this Agreement by giving written
notice.
7.4 Failure of the Owrier to make payments to the Architect ire
accordance with this Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the owner fails to make payment to Architect within
thirty (30) days of receipt of a statement for services properly
performed, the Architect may, upon seven days written notice to the
Owner, suspend performance of services under this Agreement. Un-
less Architect receives payment in full within seven (7) days of
the date of the notice, the suspension shall take effect without
further notice. In the event of a suspension of services under
this section, the Architect shall have no liability to the owner
for delay or damage caused the owner because of such suspension of
services.
7.6 In the event of termination not the fault of the Archi-
tect, the Architect shall be compensated for services properly
performed prior to termination.
ARTICLE 8
MISCELLANEOUS PROVISIONS
0.1 This Agreement shall be governed by the laws of the State
of Texas.
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6.2 Terms in this Agreement shall have the same meaning as
those in AIA Document A2010 General Conditions of the Contract for
Construction, current as of the date of this Agreement.
8.3 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither Owner nor Architect
shall assign this Agreement without the written consent of the
other.
8.4 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
nego-
tiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by
both Owner and Architect.
8.5 Nothing contained in this Agreement shall create a con-
tractual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
6.6 Unless otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure
of persons to hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products, poly-
chlorinated biphenyl (PCB) or other toxic substances, provided,
however, Architect shall have the responsibility to and shall re-
port to the owner the location of any hazardous material that an
architect of similar skill and expertise should have noticed.
8.7 Upon receipt of prior written approval of owner, the
Architect shall have the right to include representations of the
design of the Project, including photographs of the exterior and
interior, among the Architect's promotional and professional mate-
rials, The Architect's materials shall not include the owner's
confidential or proprietary information if the Owner has previously
advised the Architect in writing of the specific information con-
sidered by the Owner to be confidential or proprietary. The Owner
shall provide professional credit for the Architect on the con-
struction sign and in the promotional materials for the Project.
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct sala-
ries of the Architect's personnel engaged on the Project and the
portion of the cost of their mandatory and customary contributions
PAGE 15
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and benefits related thereto, such as employment taxes and other
statutory employee benefits, insurance, sick leave, holidays, 1
vacations, pensions and similar contributions and benefits, j
9.2 REIMBURSABLE EXPENSES
9.2.1 Reimbursable Expenses are in addition to compensation I
for Basic and Additional Services and include expenses incurred by
the Architect and Architect's employees and consultants in the
interest of the Project, as identified in the following Clauses.
9.2.1.1 Expense of transportation it connection with the Pro-
ject; expenses in connection with authcrized out-of-town travel;
long-distance communications; hnd fees paid for securing approval
of authorities having jurisdiction over the Froject.
9.2.1.2 Expense of reproductions (except the reproduction of
the sets of documents referenced in Subparagraph 2.6.19), postage
and handling of Drawings, specifications and other documents.
9.2.1.3 If aut_2jorizeu in advance by the owner, expense of
overtime work requiring higher than regular rates.
9.2.1.4 Expense of renderings, models and mock-ups requested
by the Owner.
9.2.1.5 Expense of computer-aided design and drafting equip-
ment time when used in connection with the Project.
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Subpara-
graph 10.2.2.
9.3.2 If and to the extent that the time initially established
in Subparagraph 10.4.1 0;: this Agreement is exceeded or extended
through no fault of the architect, compensation for any services
rendered during the additional period of time shall be computed in
the manner set forth in Subparagraph 10.2.3.
9.3.3 When compensation is based on a percentage of Construc-
tion Cost and any portions of the Project are deleted or otherwise
not constructed, compensation for those portions of the Project
shall be payable to the extent services are performed on those por-
tions, in accordance with the schedule set forth in Subparagraph
10.2.2 based on (1) the lowest bona fide bid or (2) if no such bid
or proposal is received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost for
such portions of the Project.
PAGE 16
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9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional Ser-
presenta i no ofRthebArchitect's statementlofbservi es renderredor
por
expenses incurred.
9.3 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other sums
withheld from payments to contractors, or on account of the cost of
changes in the Work other than those for which the Architect is
responsible.
9.6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Architect shall make available to Owner or owner's au-
thorized representative records of Reimbursable Expenses and ex-
penses pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense for inspection
and copying during regular business hours for three years after the
date of
related toe thenProjectiis finalf whichever o date until lateritigatton
ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
10.1 BASIC COMPENSATION
othe10servicFORiASIC SERVICES in Artics described in Article 2
and icesy
Basic Compensation shall be $68,000.00, part of Basic serv
shallOtotal rogfo s payments for Basic Services in each
sation payabler lowing Percentages of the total Basic Camphas the pene '
o Schematic Design Phase
0 Design and Development Phase 0% is%
o Construction Documents Phase 201
o Bidding Phase 40*
0 Construction Phase 201
o Total Basic compensation
loot
PAGE 17
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.291 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as
described in Paragraph 3.2, compensation shall be computed as
follows: On an hourly rate basis, based on Article 10.2.2.
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described
in Articles 3 and 11, other than (1) Additional Project Representa-
tion, as described in Paragraph 3.2, and (2) services included in
Article 11 as part of Additional Services, but excluding services
of consultants, compensation shall be computed as follows:
i
Principals
Associates $ 80 per hour
Technical Staff 55 per hour
Clerical Staff 35 per hour
35 per hour
1092.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including ad-
ditional structural, mechanical and electrical engineering services
and those provided under subparagraph 3.4.16 or identified in Arti-
cle 11 as part of Additional Services, a multiple of 1.1 times the
amounts billed to the Architect for such services.
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph
9.2, and any other items included in Article 11 as Reimbursrble
Expenses, a multiple of 1.1 times the expenses incurred by the
Architect, the Architect's employees and consultants in the in-
terest of the Project.
10.4 ADDITIONAL PROVISIONS
10.4.1 IF THE BASIC SERVICES covered by this agreement have
not been completed within twenty two (22) months from the date of
execution hereof, through no fault of the Architect, extension of
the Architectts services beyond that time shall be compensated as
provided in Subparagraphs 9.3.3 and 10.2.2.
10.4.2 Payments are due and payable thirty (30) days from the
date of the Architects invoice. Amounts for services properly whic ,
data shall bearhiremain
ratet of( one (It) after the invoice
) percent per month.
10.4.3 The Owner shall not be obligated to pay more than
ninety (90) percent of the total compensation specified in Article
10.1.1 to Architect until he has completed all services provided
for herein.
PAGE 18
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~gendaNo _ 1.~~-1i
4gendaitem /L C'
ARTICLE 11
OTHER CONDITIONS OR SERVICES 1
11.1 Architect shall maintain, at no expense to owner, a pro-
fessional liability (errors and omissions) insurance policy placed
with a company rated at least B+/X by Best's Key Rating Guide,
authorized to do business in Texas, in an amount not less than one
million dollars ($1,000,000). Such policy shall name the owner as
additional insured and shall require the giving of written notice
to owner at least thirty days prior to cancellation, non-renewal or
material modification of any policies, evidenced by return receipt
of United States Certified Mail. Architect shall furnish Owner
with copies of said policies or certificates evidencing such
coverage.
11.2 Architect agrees to indemnify, hold harmless, and defend
the City, at Architect's cost, its officers, agents, and employees
from and against any and all claims or suits for injuries, damages,
loss, or liability of whatever kind or character, arising out of or
in connection with the performance by the Architect of those ser-
vices contemplated by this Agreement, based upon allegations of
negligent acts or omissions of Architect, its officers, agents,
employees, consultants and subcontractors.
11.3 Notwithstanding the provisions of Article 3 hereof,
Architect agrees to provide the services described in Article
3.4.13 as part of the Basic Services provided in Article 2.
11.4 Notwithstanding any other provision of this Agreement,
Architect agrees to provide, as part of the basic services des-
cribed in Article 2, a branch library consisting of 10,000 square
feet. The design will be based on a base building of approximately
10,000 square feet, to be designed for expansion up to 30,000
square feet.
Architect recognizes that owner is soliciting additional funds to
construct a library of 15,000 square feet. Architect recognizes
and agrees that if the additional funds are collected, to design a
base building consisting of approximately 15,000 square feet. If
this should occur, the Architect agrees to hold its fees so as not
to exceed 8.5% of the additional construction cost resulting from
the 5,000 square feet, but not to exceed $80.00 per square foot.
11.5 Tentative Schedule:
Start Schematic Drawings May 17, 1993
Schematic Design Review Meeting May 240 1993
Final Schematic Design Review Meeting June 7, 1993
PAGE 19
Agenda No 99 - C /i
Agendaltem
we __-_1=~ q ~
Review Design with Code Officials
June 9, 1993 '
Start Design Development
June 13, 1903 ~
Design Development Review Meeting June 210 1993
IIi
Design Development Review Meeting June 28, 1993 I
E Final Design Development Review Meeting JulY 6 1993
r
Start Construction Documents
July 12, 1993
Construction Document Review Meeting July 26 1993
,
Construction Document Review Meeting August 2, 1993
Construction Document Review Meeting August 23, 1993
Send Drawings and Specs to State
August 28, 1993
Final Construction Document Review
September 13, 1993
Owner Intensive Review
Set'. 13-20, 1393
Release Drawings for Bid
September 24, 1993
Open Bids
October 20, 1993
Architects Recommendation to
City on Low Bidder
October 21, 1993
City Review '
October 21, 1993
Award Construction Contract
November 7, 1993
Start Construction
November 30, 1993
Estimated Completion
October, 1994
FACE 20
y
ApendaNo 23
Agenda
1
This Agreemant entered into to Of the day and year first written i
above. 1
CITY OF DENTON, TEXAS, t!HIDLLL ARCHITECTS
OWNER ARCHITECT
r
BOB CASTUDIRR , MAYOR SYt
ATTE8T1
JENNIFER KALTERS, CITY SECRETARY
DEBRARVA t
, DRA OVTCHO CITYATT0it11EY
,
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PACs Ti
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CITY
COUNCIL
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DATE:
GITV_ CGU((f.- -REPORT FORMAT v ` £
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Authorize Professional Service Contract with Coopers ar,d Lybrand
r i
to A:rist in Managing Insurance Program with Philadelphia American
Life Company Insurance (PALICO)
RECONMENDAT.IOM;
i
It is the staff's recommendation that the City Council approve
with Coopers and Lybrand to provide network and financialmanagementtract
services to the employee health insurance program.
SUMMARY:
January 1, 1993, marked the beginning of our second year with PA,LICO's
health insurance program. During this plan /ear, we implemented a revised
benefit schedule designed to help us control costs. Participation in the
network by local medical providers remains stable. Currently, we have more
than 120 Denton medical providers on the plan, and we are still receiving
calls from local providers who want to join our network. This means that we
are continuing to meet the jdical needs of the majority of our covered
employees and dependents locally.
As part of our cost-management strategy, the network is reviewed quarterly
by our utilization review committee, This is to ensure that provider
practice patterns are consistent with our cost objectives, During these
meetings, claims data are presented to the various provider groups and
questionable practice patterns, in terms of cost to the health plan, are
addressed with representatives of the providers. One of th3 objectives of
the contract with Coopers and Lybrand is to ensure that the network is
properly managed to control medical costs,
BA KC OUND..
On December 8, 1992, staff presented to the City Council an update about the
performance of the health plan as we were completing our first year cm the
new
Intereheastltihnpdevelan
presentation, we eApressed
1993 that would include
aspects of our wellness program. The contract with Coopers and Lybrand will
assist us in cost-containment planning and provider network, managemert. In
addition, the contract will assist us with the following:
0 Direct provider utilization review to monitor utilization patterns of
the five hospitals and individual providers on our network,
0 Perform financial and re-rate analysis of the health plan, and
provide profit and loss reports on monthly basis.
I
}gendaNo - /
40endaltem ss I'`'1/ o
,life 3
, Y7
City Council Report on Coopers and Lybrand Contract
April 6, 1993
Page 2
0 Represent the City in contract negotiations with AALICO and assist in
developing appropriate rate structures for 1994, using claims and
enrollment data.
r
0 Evaluate City's current retiree health insurance coverage and provide
analysis on the impact of the current program on health plan, and
develop appropriate recommendations for future retiree coverage.
During the 1992/93 budget, the Council authorized that $4 per employee per
month be earmarked from health insurance premiums to fund the professional
service contract for the health insurance program. For the 1992 plan year,
Council authorized the funding of Coopers and Lybrand's professional service
contract from this fund.
Coopers and Lybrand understands the City of Denton's medical insurance
goals, and has developed a partnership with the local medical community to
help u3 achieve those goals. Also, the company understands the various
cost-containment is,ues we wish addressed during this plan year. Therefore,
staff recommends tf,at Council authorize the proposed contract with Coopers
and Lybrand to provide utilization review and provider management, and
recommendations to enhance the health insurance program during this plan
year. This contract will further assist us in providing analysis and
recommendations for 1594.
PROGfLWSt PEPALMEN15 OR GROUPS AFFfC7EDL
The employee health insurance program covers all regular, full-tine and
ai
coveredonetheoplan, Departmentsearenbudgeted8at)$193,75eper are currently
for each
employeQ. However, $4 out of the $193.75 per employee per month is
earmarked to fund Coopers and Lybrand's contract. Coopers and Lybrand's
consulting rates are shown in Attachment A, page 9 of the contract. The
composite rate for the entire contract is approximately $135 per hour, and
represents Coopers and Lybrand's special and discounted rate for clients
such as the City,
FISCAL IMPM
Coopers and Lybrand will charge the City based on actual professional time
spent and expenses incurred. In 1992, the Coopers and Lybrand contract was
funded for $37,000. The cost of funding the contract during this plan year
(January 1 through December 31, 1993) 1s estimated at $38,300, The $1,300
Increase In 1993 1s due to three major cost-containment measures that we
expect to develop for implementation in 1994. These are retiree health
coverage, a wellness incentive plan and alternative premium structure, The
extra funding $1,300 is included in the 1992/93 budget approved by
City Council.
Agenda No
Agenda ftentlezi d 4L
Date _ y- ~ - Z.-
City Council Report
April 6, 1 on Coopers and Lybrand
993 Contract
Page 3
RespectfuiTy submitted:
d ,
Loyd V. Harrell
City Manager
Preparad by:
-~'fhoma g~--=-
Klinck, Director of Human Resources
Apr d:
8e ty McKean t. L
for Municipal serviceseanndrEconomic oevelopment
cmgrp93a,prn
04/of/93
I
I
J1kWPD0CSWRD\C00PER,ORD
Y~er~Qa No
sgBnCa IfAti7 S 7 ~
Ole
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND COOPERS & LYBRAND FOR PERSONAL AND PROFES-
SIONAL SERVICES RELATED TO THE CITY'S EMPLOYEE HEALTH INSURANCE
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SEC~r-- IO- ?s That the City Council hereby approves the
agreement between the City of Denton and Coopers & Lybrand for
personal and professional services related to the City,s employee
health insurance program.
SECTIO_N 11L That the City Council approves
funds for said agreement as authorized in the e1992-93i Annual
Program of Services.
immediaiyw its That this ordinance shall become effective
passage and approval.
PASSED AND APPROVED this the
1983• day of
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYs
W2 No Agenda Ita~t 7
tote _ ~ ~
AGREFMENT BETWEEN THE MY OF DENTON A3
{l; :2 AND COOPERS & LYBRAND
f~~f~Z IY A:1 9-. 18
The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas,
hereinafter called "City", acting herein by and through its City Manager and Coopers &
Lybrand, Inc., a professional corporation doing business in Texas, hereinafter called
"Consultant", hereby mutually agree as follows:
i
i
I. SERVICES TO BE PERFORMED
City hereby retains Consultant to perform the hereinafter designated professional services.
Consultant agrees to perform the following services:
A. Network Management
Consultant will assist in directing the Provider Utilization program to
monitor provider utilization. Provider Utilization reports will be
developed and communicated semi-annually or as appropriate. The
following providers will be involved in the program:
• HCA Denton Community Hospital
• Denton Regional Medical Center
0 Denton Independent Physicians Association
• Psychologists, Licensed Professional Counselors, and other
mental health providers.
• North Texas Medical/Surgical, P.A.
It is understood that Consultant will be responsible for analyzing data
as appropriate and direct the meetings.
Utilization parameters under review include patient days per 1,000
participants, admission per 1,000 participants, individual physician
practice patterns, hospital cost per day, cost per stay, network vs. non-
network utilization and a comparison of plan to State and National
data.
LZ:6117 5 c;IJA
agendail tis7D
r,te ~1,_~, - 93
Prtpama 01127,93
► Maintain the Network Provider Listing.
> Direct a total of four (4) meetings to discuss utilization review issues.
B. Financial Management
► Utilizing claims history data, enrollment data, and plan design data,
negotiatewith Philadelphia American Life Insurance Company (PALICO)
renewal effective 01/01/94,
► Provide Profit & Loss report on monthly basis.
C. Data Management
► Obtain claims history data tape from PAUCO and perform statistical
claims analysis regarding plan utiliz 3tion as appropriate. Submit claims
data to providers idenfifred above for analysis as appropriate and
ensure that results are communicated to Human Resources staff.
► Perform a post-implemen tab on, on-site claims review of the PALICO
claims office to determine that claims are being processed in
accordance with plan design and advise management on results of on-
site review.
D. Retiree Issues
► Assist City in defining its short-term and long-term positions relative to
offering health benefits to retirees. In performing this analysis
Consultant will work with current carrier (PALICO) to assess projected
costs and rates for retiree population.
> Report on general State and National trends regarding retiree health
benefits.
► Assist in developing a questionnaire to be used to survey City of
i' Denton's employees on the issues of retiree benefits.
► Attend a total of three (3) on-site meetings to discuss retiree issues with
EIC, and City management.
2
gAARd8ff0 _
agenda fterrt~ _.L' S~
E. Wellness Program
Work with City's existing Wellness Committee, in a fimited capaci ty to
assist the Committee in reviewing alternatives and options available to
the City. t
Provide Committee with specific claim experience data as appropriate
in connection with development of standard management reports.
Attend two (2) meetings with the Wellness Committee to discuss issues
and provide recommendations as necessary.
F. e o t to Counci_ I A_ nnually
Consultant will develop management letter outlining activities of the
year and present to Council annually.
G. On-Site Meetings
Consultant agrees to meet with City's representatives to review plan
experience and management issues as follows:
0 City Management Meetings • • 3 meetings
• Employee Insurance Committee Meetings • • 10 meetings
6 Provider Utilization Meetings • • 4 meetings
• Wellness • 2 meetings
H. Consultant shall exercise the same degree of case, skill and diligence in the
performance of these services as is ordinarily provided by professionals under
similar circumstances.
IL fERM Of AGREEMENT
Consultant shall commence rendering services immediately upon receiving notification of
contract approval. This arrangement will be evaluated semi-annually and remain intact
through December 31, 1993. '
3
y
+ggndaNe _ S'3 -Di/ _
Agenda Item
mla.~_23
III. COMPENSATION TO BE PAID CONTRACTOR
City agrees to pay Consultant for the services performed hereunder as follows:
A. Amount of Payment for Services:
I
City agrees to pay Consultant, from hereunder at the hourly rate set forth in
Attachment A. i
ESTIMATED
TASK CR! HOURS LEES
1. Nehvork Management 50 $6,000
• Direct Provider Utilization
program by developing data
requested by PALICO for
Provider Utilization meetings
0 Schedule four (4) meetings
of Provider Utilization Committee
• Maintain Network Provider listing
2. financial Manaa anent 32 3,300
Assist the City in developing new
rate structure based upon plan
utilization and level of coverage.
For example, new coverage levels
could be:
- Employee Only
- Employee + 1 Dependent
- Employee + 2
- Employee + family
0 Negotiate PALICO renewal for ,
01/01/94 plan.
• Provide financial and renewal
updates as appropriate.
4
y
AcendsNo ,
Agvdallem 'AL
ESTIMATED
TASK
C&[ HOURS ]fE'fs
3. Data Manaeemynt 65 6,500
Obtain claims history data tape
from PALICO and perform stat.
istical analysis as appropriate.
• Develop Executive Summary of
claims data using appropriate
descriptive state and national
statistics.
4. Retiree Issues
36 5,600
• Assess projected costs/benefits
as proposed by PALICO.
• Assist in developing employee
questionnaire and management
position paper.
• Attend three (3) on-site meetirgs
Present data on State and National
trends.
5. Wellness Prostram 20 3,000
• Meet with Wellness Committee
to discuss goals.
• Present health data/utilization.
• Develop alternatives to adjust
premiums based upon health
factors.
• Present data on industry standards.
6. Report to gp cil Annually 20 3,200 +
Present management report to
Council outlining activities and
status of the plan.
5
Agenda No ...~3 -D
Agendallsm_-AC,5_'I 1/10
R+te
ESTIMATED
TASK C&L HOURS FEES
7. On•Site Meetings
r • EIC Meeting • • 10 meetings 40 6,400
• City ManagemenyrDirectors . • 12 1,800
3 meetings
• Wellness Committee • • 1 meetings 8 1 200
Total Hours 283 37,000
Estimated out-of-pocket expenses 1,300
(Travel, FAX, Federal Express, etc.)
TOTAL FEES & EXPENSES 538300
Consultant will charge the City based on actual professional time spent and
expenses incurred. In no event will the total project cost exceed $38,300 for
Consultant's fees and expenses unless Consultant is requested to perform tasks
outside the scope presented in the proposal. If additional assistance is
required from the Consultant, estimates of professional fees will be provided
LJ and presented to City management for approval before processing with any
additional tasks.
Consultant and City expressly understand and agree that Consultant shall not
receive any compensation for the services provided for herein, from any other
source, including but not limited to PALICO.
8. Dates of Payment: The City will pay Consultant on a monthly basis, within
thirty (30) days of receipt of invoices for completion of services provided for ,
herein.
6
~QendaNo
N. SUPERVISION AND CONTROL BY CITY s~ /3
It is mutually understood and agreed to, by, and between City and Consultant that /
Consultant is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit. The City shall have supervision and control of Consultant and any
employee while on City premises, and it is expressly understood that Consultant shall
perform the services hereunder according to the attached Consultant's proposal at the
direction of the City Manager of the City of Denton or his designee under this agreement.
V. SOURCE Of FUNDS
All payments to Consultant under this Agreement are to be paid by the City from funds
appropriated by the City Council for such purposes in the Budget of the City of Denton.
VI. INSURANCE
Consultant shall provide at its own cost and expense workmen's compensation insurance,
liability insurance, a,id all other insurance necessary to protect Consultant in the operation
of Consultant's business.
VIL INDEMNIFICATION
Consultant shall ante does hereby agree to indemnify and hold harmless the City from any t
and all damages, loss, or liability of anv kind whatsoever to the extent proximately caused
i
the error, omission, or negligent act of Consultant, if officers, agents, employees, invitees,
and other persons from whom it is legally liable, in the course of the performance of this
Agreement, and Consultant will, at its cost and expense, defend and protect the City of
Denton against any and all such claims and demands. The acceptance of Consultant's
services by the City shall not operate as a waiver of such right of indemnification. '
I
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7
Agenda No • 4
Agenda
llertiYL~'_S_ Z?? _
VIII. CANCELLATION 13
City and Consultant each reserve the right to cancel this Agreement at agylirpg by,Sgi9tr l
the other party fourteen (14) days written notice of its intention to cancel. If the agreement
is cancelled before completion, the City agrees to compensate Consultant for services
provided and expenses incurred prior to notice of cancellation.
Executed this the day of 199x.
CITY OF DENTON, TEXAS
r
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ,A. DRAYOVIT Ji, CITY ATTORNEY
BY:
COOPERS & LYBRAND
I
BY: ~ 9~ ~e srel/
TITLE: 0 !
DATE: F
The Director of Human Resources for the City of Denton, Texas is hereby authorized to carry
out the terms of this agreement on behalf of the City of Denton, Texas.
Lloyd V. Harrell `
City Manager
8
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Awits No
Agenda lte+>l (~5. 7
Attachment A/,:? f
COOPERS & LYBRANDS PROFESSIONAt FEES
FOR THE CFFY OF DEMON
Partner $270 per hour
r
Senior Consultant (including Actuary) $190 per hour
Consultant $95 per hour
Associate Consultant $75 per hour
Administrative Support $30 per hour
9
C I T Y
,'COUNCIL
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Ap pp 0
"ITIZ
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Alf
CITY COUNCIL REPORT FORMAT D*
TO: Mayor and Members of the City Council Q ~
7
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Acceptance of JIn Christal Road Dedication
r ~
I
I
RECOMMENDATION'
i
Approval of ordinance accepting dedication of Jim Christal Road
Mamu
Rayzor Investments, Ltd is offering to dedicate the right-of-way to
facilitate this street realignment.
The alignment along with the authorization for the City of Denton
to proceed with preparation of right-of-way documents, construction
plans and any appropriate action was approved at the Denton County
Commissioners Court meeting of December 220 1992 (Item 3 - Consent
Agenda] Item 11 Public Works).
MOW -
The Denton County Road Bond Project included the relocation and
construction of a portion of Jim Christal Road from I.H. 35 at Oak
Street west to the existing road. The reconstruction of that
portion of Jim Christal Road east of Mash Branch Road to the past
mentioned realignment segment will be included with the proposed
project, All cost for this project is being funded through the
county Bond Project.
E89S~BeMS DEPARTME~,rme _ OR GRO taq~ AFFECTED:
Department of Engineering/Transportation, Street Division will
perpetually maintain road,
FISCAL IMPACT:
Typical street maintenance and repair
AEE00168
91\WPDOCS\WORX\RAZOR.O"
Apenda No
Agenda ltem'_Z-
ORDINANCE NO. ~J
AN ORDINANCE ACCEPTING THE DEDICATION FROM RAYZOR INVESTMENTS, LTD.
OF A CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE EUGENE
PUCHALSKI
ANDECONTAINING D THE J.
OFF'Y6.96 SURVEY CRES OOFE IANDCOFOR
STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE.
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
;ACTION I. That the City of Denton, Texas, accepts the dedi-
cation of a certain Lot, Tract, or Parcel of land situated in the
Eugene Puchalski Survey A-996 and the J. Perry Survey A-1040 Denton
County, Texas for street and utility purposes, as offered by dedi-
cation of Property executed by Jess Newton Rayzor, a copy of which
is attached hereto.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval. I
i
PASSED AND APPROVED this the day of
1993.
I
BOB CASTLEBERRY, MAYOR +
ATTESTI
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMI
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ~i ~I l !
LpardaNo
Agep.daitem_ ~j
DEDICATION OF PROPERTY FOR PUBLIC USE
That Rayzor Investments
for the use , Ltd, dedicates to the public forever
of streets and utilities the property described in
Exhibit "A", attached to and incorporated herein by reference
containing a total of 6.1496 acres of land.
Executed this f
day of
1993.
Rayzor Investments, Ltd.
i
i
J ss Newton Rayzor, President
e F.ayzor Company
Managing General Partner
THE STATE OF TEXAS S
COUNTY OF S
This instrument w s L
19 by :now edged before tsa-an 1A
00
? Norary Au'`'A+`f"u~r+/cDO500N ~
My Cc r,re~t acl11xa! Nn*~, n `~f 0 at e 7 l.r
r "`ulic, in and for the Stat
11 . ~+000OOOOOOOp Cc 0000 a
Op000ppp~ of Texas
MY ComrAi3sion Expires y"zz,
Executed this the
day of
1993.
CITY OF DENTON
BY:
Bobo C-` a t eberry berry, Mayo
ATTEST:
JENNIFER WALTER$# CITY SECRETARY
r
BY:
AEEOOIDD
Arenda;loia
EXHIBIT "A"
G
ALL that certain lot, tract, or parcel of land situated in `the
Eugene Puchalski Survey A-996 and the J. Perry Survey A-1040 Denton
County, Texas and being part of a tract shown by deed to Rayzor
Investments, Ltd. recorded in Volume 1796, Page 601 Real Property
Records and being more particularly described as follows:
BEGINNING at a point in the center of Jim EChristal Road at the
northwest corner of a tract shown by deed to.W, Belcher recorded
in Volume 5030 Page 427 of the Deed Records of Denton County Texas;
THENCE south 890 22' 01" west with said center line 115.28 feet to 8 in whose radius ron pin set at the beginning Of a curve to the left,
point is south 240 51f 43" east 340.57 feet;
THENCE in a southwesterly direction with said curve through a
central angle of 256 341 17" a distance of 152.00 feet to a 5/8
inch iron pin set for cot•ner;
THENCE south 390 341 00" west a distance of 50.57 feet to a 5/8
inch iron pin set at the beginning of a curve to the left, whose
radius point is south 370 231 25" west 790.0 feet;
THENCE in a northwesterly direction with said curve through a
central angle of 190 561 40" a distance of 275.00 feet to a 5/8
inch iron pin set for corner in the center of Jim Christal Road;
THENCE south 89" oat 07" west with the center of Jim Christal Road
248.18 feet to a 5/8 inch iron pin set for corner;
THENCE south 000 51f 51" east a distance of 40.0 feet to a 5/8 inch
Iron
point pis so thf 000x511 51'1 easta 710, 0 ftO the right whose radius
eet;
THENCE in a southeasterly direction With said curve thru a central
angle of 58° 48~ 30" a distance of 728.74 feet to a 5/8 inch iron
pin jet at the P.T, of said curve;
THENCE south 321 03P 16" east a distance of 1191.26 feet to a 5/8"
Iron pin set at the P.C, of a curve to the left, whose radiu.3 point
is north 57" 56f 44" east 790.0 feet;
THENCE southeasterly direction with said curve through a central '
angle of 800 12" 48" a distance of 1105.99 feet to a 5/8 inch iron
pin set at the P.T, of sold curve;
THENCE north 670 43P 54" east a distance of 225.06 feet to a 5/8
Inch iron pin set in the westerly right-of-way of the A.T. & S.F.
RY. Co.;
THENCE north 220 211 16" west with said right-of-way 80.0 feet to
a 5/8 inch iron pin set for a corner;
I
~erdaNo
Agenda
lterrLS
THENCE south 670 43' 54" west a distance of 224.94 feet to a X5/8
inch iron pin set at the P.C. of a curve to the right, whose radius
point is north 22° 16' 05" west 710.0 feet;
THENCE with said curve through a central angle of 800 12' 4811, a
distance of 993.99 feet to a 5/8 inch iron pin set at the P.T. of
said curve;
THENCE north 320 03' 16" west a distance of 1191.26 feet to a 5/8
inch iron pin set at the P.C. of a curve to the right, whose radius
point is south 570 56' 39" west 790.0 feet;
THENCE in a northwesterly direction with said curve through a
central angle of 160 12' 05" a distance of 223.38 feet to a 5/8
inch iron pin set for corner;
{ j THENCE north 390 34' 00" east a distance of 50.57 feet to a 5/8
inch iron pin set at the P.C. of a curve to the right whose radius
point is south 500 26' 00" east 280.57 feet;
THENCE in a northeasterly direction with said curve through a
central angle of 440 47' 36" a distance of 219.35 feet to a 5/8
Inch iron pin set at a point 2.4 feet north of a fence corner;
THENCE north 00 37' 59" west a distance of 31.07 feet to the Point
of Beginning and containing 6.1496 acres of land.
AEE00015
JiN CEiRWAL ROAR 0
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5 3
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CHRJSIAL / O V. OAK
ROAD
OMNERSHIP
I. E.M. BELCHER
2. UNION CAMP RR xmc;
J. UNITED NATIONAL BANK
` 4. BEN E. KEITH CO.
S. RAZOR INVESTMENTSAID.
FX IND
COUII f Y ROAD PROJ EC 1
No. 2 JIM CIIR I STAL RU
EIIC I NEE I IIC CIS UES I CII
AoendaNo V3 e /i
Aaendaifem•,,~'~J~ 'bf 9f
• • • • • NOTICE OF PUBLIC MEETING • • , • •
DENTON COUN'IT COMMMSIONERS COURT,,
COURTHOUSE-ON-=.SQUARE, 110 WEST HICKORY, DmitON, TE. A
TZTF.SDAY, DECMMEat = 1992, 9W Aj&
....'ADDENDUM AGENDA..... .
-0
14.
E~LECUTIVE SESSION(S)
Cl cantempiaced litigation - Veraon'sAA& Div. are. 6252.17. sewon 2(e). Privaca~ asultadoo
between the 97 arnmantat body and its attorney with respect to contampLsted Litigation •
Newly awtod OQ]tisla.
.
Dl Contemplated litigation . Varnon'sA= Div. art. 6252-17, section 2(e). Private consnitation
becwean the governmental body and its attormay with tegpea to oontamplatad Litigation
Denton County • Tarrsat County Boundary.
E) Contamplated Litigation • Vernon's Ana, Div. art. 6252.17, section 2(e). Private consultatian
b te the governmental body and its attoenay with respect to contemplated atigetioa
Persons with disabilities who plan to attend this meeting and
who may need auxili,ar,7 aids of services such as: interpreters,
for persons who are deaf or hearing impaired, readers; or
large print are requested to contact Linda Baggett, Aide to the
Court, at 817-565.8653 two (2) workdays prior to the meeting
so that appropriate arrangements can be made.
BRAILLE IS NOT AVAII.ABLE
v
4vrlaNo
• ' ' ' ' NOTICE OF PUBLIC MEETING e e • ' q'~enda ItBm
DENTON COUNTY COMMISSIONERS COURT'
COURTHOUSE-ON-THE-SQUARE, 110 WEST HICKORY, DlbftN,-TESAS-----/
TUESDAY, DECEMBER 221 199219.-00 A.M.
0 AGENDA e " e e
1. CALL TO ORDER
PLEDGE OF AIJZQLANCE
PLEDGE OF ALLEGIANCE TO THE AMERICAN' FLAG r
PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG
'Honor the Tuna Flag; I pledge allogianos to thee, 4Laaa, one and todhisible.'
IWOCATION
?AMR TONY WAId.18ER
Hula"t Baptist Chur&marxton
2. PUBLIC INPUT FOR ITEMS NOT LISTED ON THE AGENDA
Citizens should oompletaa Witaw Form loat•d on the side table. Pursuant to State Open Meetings
Law the Commissioners Court is restricted in discussing or taking action on Items not posted on
Agends. Action on your statement an only bs taken at a Adure meeting.
In order to up"te the flow of business sad to provide all atiseaa the opportunity to apoak, the
Judge may impoa a thm minute, limitation on any parson addressing the Court.
3. CONSENT AGENDA
' All itama marked with an asteriak an part of a Consent Agenda:nd requln no deliberation by the
Court. Any Court member an remove an item from thin agenda to be mad" separately.
4. COUNTY AUDLTOR
Consideration & approval of Bill Report tar c'
(Payments from Adult Probation, Community Corrections, Pro-Trial S"coo and District Attorney
Chock Fee Fund an peaaeatd for rvoard[ng p apossa only)
6. 'PURCHASING
A) Approval of award of Quote 1139 for Room" of the 8eb flow of Carroll Courts Building and any
appropriate action.
BID SPECIFICATIONS
Approval of specifications and authority to advertise for.
• B) Jahitorial Service • Bid 012-92.782
6. BUDGET N
APPROPRIATE ACTION REGARDING BUDGET AMENDMENT PORs o~
• A) OfDos MaAinov • County Clrk C7
' B) Office Furniture . 387th District Court V
• C) OD1a Furrtitur• & Machines • WAD (Adult Probation • C•a•ra]) ~ • ' '
III ' D) Colon MuNnea • Pre•Tria1 Services
• E) Transfer of funds to contract labor • Ccoatabl•, Pd. NS/od s p C
F) Approval of Emargsnry Budget Amendment Roqueet for Temporary Jail Barrada%
DVMN00trM00M7t=0N=001%TA0ZMM 12-Mos
Pep I as
I
I
PERSONNEL agendal~o _-23T
' a Agandalt ms's *Ile
aPProval ofordere a 'point Now Employem no I P*Atmenta fof Ataoam6ar~ 22, ~ J
gated, advertised, and interviawa were oondueted v Aers eat lour In the Denton County Aff~irwmabaen
Action Plan acct Polidea adopted by the
aPPoiatmant order Theca appointments Can nmenm,~ the ct except as otherwiss stated in
t)re
t+diata+'y!{aatrainta.
' W Approval of deputation of Denton County Employeaa,
8, PROBATION
A) Approval of amendment to 1887 Performance
action • Postponed 12.15-92 Rewards Prograat Place & 8udgat and any Appropriate
B) Review of the Taos Departomt d C
distribution and any aPProP+'iata cation • ~ Postponed justice
1 12-1895 Prformaaty Rewards progrem funds 9. REALM
A) Review and any apporpr;sta "on
Prove= raprd4 legislative ptOpoaal relating to the Indigent Haahh cars
10, SHERIFF
A) Update of Partneat Jail Esp"on and any appropriate am
clift • Commlaatonen
B) Discussion of Jai) Barraclp~
Change Orden and any apprvpr{a!e action Commlssionars Court,
II C) Discussion of schedule for occupying Jai] Barracks cad clay appropriate atioa • County Jell.
O ~ PUBLIC W~RgS
A) Approve! of proposed rali9nmaat of Jim Chriglal
proceed with preparation of righwway Road with aathori"on for City of Donlon to
. doGrmeny ~trvicefao )mod acct any appropriate action.
12. NON•DEPt~3T11~>ti*T--
A) Approval of Denton Women's Aglow to uw
for a meeting and any appaeprIeG action -tyCO°O~Cm(k aoo~ room on. January 0, 1993
B) Approve RaaolufiOn urging the Tawas , , 00 00na State Highway 121 Bypass at t6 garb ~
c4mulommar 06MV300 oct natructica of the - 00 C) Approve Resolution to
for the oma truotton oabu aertaiM DART 0~ appropg ^ a` 'A_t_ *
L.rt 110 HOV ! At In their 1993
o'd+ Finao Plan
a • "`Y , p+sdrrct 12
D) Pneantioa by paatillo, Brown & H)Il, Grdtlad P4Uc Amouataa
Hotline - County Judge, concerning Covaramant Waste
E) DD
12-15-92 "Od of the Denton County Building Use, Policy Drat! AM any appropriate action - Postponed
13. LEGAL
A) Any appropriate action on madam disomad In Ezwutiw Session ' B) Approval of latericrsl ~ 1,sgaf IkPtuttnent•
Town l Cooperation Agreament far
Flower Mound ra+y Seevia between Denton County and the
' C) Approval of Iateriooa) Cooperatiao Agreement for Lj6sry
,
City o(The Colony 3arvta batty»a Denton County and the
' D) Approval of Service Agreement between Denton Coun ry
Program). cad RS V p, (Retired Sarilor Volunteer
' E) N p r o v a l of Service A&r"ment between Denton County and 5-.p.", ( , % c o p rogram for Aging
aE'MMNOOUNIY001iJMMONEUO0U)kTAOXNDA I1.2ia7
Pare f or 3
13. GA . corrr=m
' n Approval of Servios Agreamsnt for Veteraaa Transportation between Denton County and s.PA.N.
(Servion Program of Aging No*&). /
G) D:scv aa, omaidrtatioo and action, if neonrary, rrgardlag 7%W Party AdmW*tr*" Contrad
Pasoonel.
I
14. EXECUTIVE SESSION(S)
A) ContempWA Ltipdon • Vsraoulm Ann. Div. art 8262.17, aacdoc 2(a). Private consultation bstwaan
the grreromental body and its attaroey *M rasped to om*ApUW Udg%tiom Paragon G.-cup, Ina
8) Roc I Estate • Verocn's A= Div. art. 826Z 17. wotiaa 2(A Aoquiddon.
16. ITEMS FOR DISCUSSION AT FM M MEETINGS
16. ADJOURNMENT AgandaNo
Agendal(e~
~ lute _ y . ~ - 93
Persons with disabilities who plan to attend this meeting and
who may need auxiliary aids of services such as: interpreters,
I for persons who are deaf. or hearing impaired; readers; or
large print are requested to contact Linda Baggett, Aide to the
Court, at 817-565-8653 two (2) work days prior to the meeting
so that appropriate arrangements can be made.
BRAILLE IS NOT AVAILABLE
1
i
i
DiM I4000MOOt[MMOMSUOOtlRTAOWU ef"
Pap 3 of 7
Agenda No
Agendaltn ~a t le
r
MINUTE ORDER
12-92-198
THE STATE OF TEXAS 0
COUNTY OF DENTON p
BE IT KNOWN, thaton this the 22nd day of December, 1992, the Commissioners Court of Denton
County, Texas convened in special session, In the COmmWloners Courtroom at 110 West Hickory,
Denton, Texas, the foliowing members of the Court being present to wit:
r
JUDGE JEFF MOSELEY. PRESIDING OFFICER
COMMISSIONER BUDDY COLE. PRECINCT M 1 ASSENT
COMMISSIONER SANDY JACOBS, PRECINCT M 2
COMMISSIONER SCOTT ARMEY, PRECINCT N 3
COMMISSIONER DON HILL, PRECINCT N 4
DEPUTY CLERK, Teresa Roberts, Recording
f
AND AMONG OTHER PROCEEDINGS CONSIDERED BY SAID COURT WAS THE FOLLOWING ITEM;
11" PUBLIC WORKS
A) Approval of proposed realignment of Jim Chrlstal Road with authorization for City of
Denton to proceed with preparation of rigs-of•waydocuments and consiructlon plans
and any appropriate action.
MOTION BY: Comm4sloner Sand' JOCObs
SECONDED BY: Commissloner Don Min
BE IT ORDERED: The Donlon COunly Commissionem Court approved the proposed
realignment of Jlm Chriatal Road with granted authorization for City
of Denton to proceed with preparation of rlght-of•way documents
and construction plans.
MOTION CARRIED: -L-0-
BY RIDER OF THE COMMISSIONERS COURT
ATTEST:
TIM HODGES, County Clerk
D EIEY, PRESrDING ICER and Ex-Officlo Clerk of the
Commissioners Court of
, et Denton County, Texas
PPROVED AS Tn
FORM:
tee By~ w) e4
A*ISAS'TA-NT DIST ICf ATTORN
ATTORNEY
EY
/
CITY k
COUNCIL
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r
X4000 oq~ t
o r a a OC~j
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Ap*
~LTY ('OUNC_ IL-REPO,R~ m FOgMAI,
TO: Mayor and Members of the City Council
FROM: L).oyd V. Harrell,
City Manager
DATE: March 30, 1993
SUBJECT: Ordinance Amending Chapter 13 of the Code of
Ordinance
j ~ECOMMFNneTION Staff recommends the adoption of the ordinance.
all ARY: This ordinance was brought to
At that time you directed staff to you on March 23, 1993.
for your approval, which has been doneare a final version Thy e
which has been made from the draft version a hasl beenanto
include language which specifies that a food service worker
who works less than twenty-five (25) hours a week will be
considered a half-time employee. This was included for the
purpose of calculating the annual permit fee,
11ACKGRO ND• Council has requested information on food service
operations that have been subject to the re-inspection fee
which went into effect in November, 1992, Following is the
requested information.
ESTABLISHMENT DATE
FEE
Restaurant I........ Nov. 3, 1992...,.$ 32.50
Restaurant 1,....., Nov. 4, 1992.,.,. 32.50
Restaurant 1,....., Nov, 18, 1992..,., 32.50
Restaurant 1..,.... Dec. 2, 1992.,...
Restaurant 1,,,,,,, Jan, 14, 1993,,.,, 32,50
Restaurant 2....... Nov. 19, 1992.....$ 62.50
Restaurant 3...,,,, Nov, 24, 1982 „ $ 115.00
Restaurant 4.,,,... Dec. 3
1992....,$ 105.00
Restaurant 6..,,.,. Dec, 10, 1992...,.$ 62,50
Restaurant 6....... Dec, 7, 1992....,8 62.50
Restaurant 7,...... Dec, 7, 1992...,,$ 52,50
Restaurant 8.,...,. Dec. 10, 2992..,.,$ 32.50
Restaurant 9,....., Dec. 31, 1992..,,,$ 52,60
16
i
ti
von" No
Report Format Ag
enCalterr~_.PS'!F
Amendment-Chapter 13
Page -2- oet9 -93
ESTABLSI13MENT DATE
FEE
Restaurant i0...... Jan, 4, 1993.....$ 52.50
i
Restaurant 11...... Jan. 4, 1993.....$ 115.00
Restaurant 12...... Jan. 5, 1992.....$ 52.50
Restaurant 13...... Jan. 4, 1993.....$ 32.50
Restaurant 14...... Jan. 8, 1993.,...$ 115.00
Restaurant 15...... Jan. 19, 1993....,$ 32.50
Restaurant 16...... Jan. 210 1993,.,.,$ 57.50
Restaurant 17...... Feb. 2, 1993.....$ 52.50
Restaurant 18...... Feb, 8$ 1993.,...$ 62.50
Restaurant 19....,, Feb, 8
1993.,...$ 62,50
Restaurant 20,..,.. Feb. 17, 1993,....$ 100.00
Restaurant 21..,... Feb, 15, 1993,,...$ 32.50
Restaurant 22....., Feb. 17, 1993,.,,.$ 42,50
Restaurant 23...... Feb. 27, 1993....,$ 52.50
Restaurant 24....,. Mar, 3, 1993.,.,.$ 32.50
Restaurant 25.,.... Mar y
, 1993...,.$ 32.50
Restaurant 26...... Mar. 9, 1993..,,,$ 37,50
Restaurant 27,.,... Mar. 15, 1993....,$ 42.50
TOTAL $1,716.00
1
Agenda No
Agenda Ife,r~ F
Report Format ate
Amendment-Chapter 13
Page -3-
PBSSBAbS DFPAPT F~+T ,S GRO P^
aFFEC
Environmental Health
Food Division
Service Establishment Operators
The General Public
l EISCAr IMPACT: None
I
RESPECTFULLY SUBMITTED:
Llo d V~Harrell
City Manager
Prepared by:
nie Malo-Ku11:
Environmental Health Services Manager
Appro by-
Be si° e
Munic Executive Director,
pal S rvices/Economic Development
J:kwPd0C8\0rd\food,o 496PCWNO
Aee*daitem SE'S ~F
1-n,e
ORDINANCE NO:
AN ORDINANCE AMENDING CHAPTER 13 "FOOD AND FOOD SERVICE ESTABLISH-
MENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS;
PRESCRIBING RULES ON FOOD SERVICE SANITATION; PROVIDING DEFINI-
TIONS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTAB-
LISHMENTS AND
PROVIDING ING STORES; ~ INCPROVIDING ORPORATION R BY INSPECTION REFERENCE OF U T EETEXAS
DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD
SERVICE SANITATION" AND "RULES ON RETAIL FOOD STORE SANITATION"
PROVIDING FOR REGULATION OF FOOD HANDLERS AND OF MOBILE FOOD UNITS;
PROVIDING A SEV£RABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HERF':Y ORDAINS:
SECTION i. That chapter 13 "Food and Food Service Establish-
ments" of the Code of Ordinances of the City of Denton, Texas, is
hereby amended to read as follows:
Chapter 13
Food and Food Service Establishments
ARTICLE I. IN GENUAL
Sec. 13-1. Rules on Food Service Sanit.ttion - Adopted;
Compliance Procedures.
The Rules on Food Service Sanitation 229.161 - 229.171 of the
Division of Food and Drugs of the Texas Department of Health, as
adopted by said board on November 20, 1977, and the Rules on Retail
Food Store Sanitation 229,231 - 229.239 of the Division of Food and
Drugs of the Texas Department of Health, as adopted by said board
on August 17, 1985, are hereby adopted as the minimum standards for
food service operations and food stores, respectively, within the
corporate limits of the City of Denton, Texas. Wherever in said
rules the words "municipality of " appear, they
shall be understood to refer to the City of Denton and the words
"regulatory authority" shall refer to the City of Denton. A copy
of these rules shall be kept on file in the office of the City
Secretary.
Any revision, addition, or deletion to the sanitation rules by
the Texas Department of Health or the United States Food and Drug
Administration shall be deemed to be an amendment to this article
and adopted as of the time it goes into effect or is published.
y
I
8eo. 13-2. Definitions.
(a) Administrator shall mean the Administrator of the Division
of Environmental Health Services of the Department of Municipal
Services of the city.
(b) Catering operation shall mean a food service establishment
^ which prepares or serves food on premises in control of another.
(c) Catering Truck shall mean any vehicle used to transport
food which has been fully prepared (i.e. cooked, packaged, etc.) in
a commissary,
I
(d) Commissary shall mean a catering establishment, restaurant,
or any other place in which food, food containers, or food supplies
are kept, handled, prepared, packaged or stored. Commissary shall
not mean a residential kitchen, but constitutes a commercial food
service operation which is operated and maintained pursuant to
state rules and regulations.
pointeweigcritical hted it ems on the inspection report form utilized byrthe
City's health officer. 1
(f) Extensive remodeling shall mean any change in the structure
of a food preparation area or any change in the establishment which
would increase or decrease size requirements for the food prepara-
tion or food storage areas as specified in secy. 13-24 (e) and (f).
It does not include:
(1) expenditures for the replacement of moveable equipment;
or
(2) remodeling which does not affect the construction or
areas tused to store or clean utensils and equipment used in
food storage or food preparation.
(g) Food Service Establishment shall mean any restaurant, cafe,
hotel dining room, grocery store, meat market, soft drink stand,
hamburger stand, ice cream wagon, day care center, or any place
where food or drink for human consumption is offered for sale, excha
awa follow ng operations and establishments ter does not include the
tions do not expose the public to a substantial and imminent health
hazard as determined by the city health officer:
(1) Organizations that serve only their own membership and
immediate guests and other structured groups of persons who
gather occasionally for fellowship and society that provide
the food from amongst their membership.
PAGE 2
(2) An establishment which handles only fresh unprocessed
fruits nuts, and vegetables and which operates from a unit
which is mobile in nature.
(3) The sale, distribution, or service of food at an event, her
special atherin that is not sonsyothertt an he members or invit d guests ofe the ospon-
sor, provided that there is no public advertisement of the
event, public solicitation of funds at or for the event, or
participation by the general public in the event.
(h) FRP wallboard shall mean fiberglass reinforced polyester
wallboard of a thickness of 3/32 inches or greater.
I
of the )EnHealth vironmentaleHealth lSemean a rvices sDivision ofrtheaDepartment of
J Municipal Services of the City of Denton, Texas. p of
(j) Health or Regulatory Authority shall mean the Environmental
Health Services Division of the Department of Municipal Services of
the City of Denton, Texas.
(k) Heavy Food Preparation shall mean any area in which foods
are prepared utilizing a grill, griddle, deep-fat fryer, commercial
type ovens, or any similar food preparation equipment; or any area
eubject to flooding type or wet cleaning procedures due to the cut-
ting or processing of meat, poultry, fish or pork. Heavy food pre-
paration includes, but is not limited to: cafeterias, fast food
preparation, mfull eat and service fish rmarkets, tice pizza cream parlors nand omay
include day care centers.
(1) Light Food preparation shall mean any area in which foods
are prepared exclusive of the use of fryers, grills, or other
similar equipment. The term is usually limited to the preparation
of hot dogs, sandwiches, salads, or other similar foods and foun-
tain type cold drinks. Light food preparation includes, but is not
limited to: sandwich shops, limited menu concession stands, and may
include day care centers. Unit tablishmentior a foodshall
pulled behind a service
so as to be readily moveable, provided that foods served from these `
units are actually prepared (i.e. cooked, packaged etc.) on or in
the unit.
(n) No Food Preparation shall mean any area in which foods are
provided pre-wrapped, from a source approved by the Texas Depart-
ment of Health with microwave oven type heating being the maximum
handling involved. No food preparation is limited to prepackaged
sandwiches or similar foods, candies and containerized beverages.
PArF 1
y
Agenda No
Agenda IIVL. ' # 7
(o) Potable water shall mean water which has been obtained from
a state inspected facility which has been designated as fit for
human consumption, or water from any other source which has been
tested by the City of Denton water laboratory and has been desig-
nated as having met state standards for water use for human con-
sumption.
(p) Provisional Permit shall mean a permit issued for a term
not to exceed thirty (30) days to allow management of a food estab-
lishment to establish compliance with the requirements of this
Chapter while correcting minor infractions.
(q) Seasonal food service establishment shall mean any food
service establishment which operates from a fixed location for a
period not to exceed four (4) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive
month period.
(r) Smoker shall mean any unit, whether mobile or fixed in
nature, which uses wood or wood products to provide smoke for the
purpose of slow cooking or partially cooking meats intended for
human consumption, whether such unit is inside of an enclosed
building or in an outdoor area.
(s) Temporary food service establishment shall mean any food
service establishment which operates from a fixed location for a
period not to exceed fourteen (14) consecutive days,
(t) Wholesome shall mean in sound condition, clean, free from
adulteration, and otherwise suitable for use as human food, good
which is packaged shall be deemed wholesome if it meets the fore-
going requirements and it is used prior to the expiration date
marked on the package.
Sac. 13-3, Distribution of medicine, drugs, and injurious
food products.
It shall be unlawful for any person to distribute or cause to
be distributed for any purpose any medicine, drugs or injurious
food products or substances within any yard upon an '
residence, within or upon any vacant lot or building, oor upon any
public straet, sidewalk or alley within the corporate limits of the
preventrtheddelivery v of , mthat edicines nothi herein shall be or drugs where the same taredde-
livered upon order or sale from some reputable person or business
and the delivery is made by some responsible person.
Sao. 13-4. Destruction of unwholesome food authorised.
Whenever the city health officer discovers any food or drink
displayed for sale or kept for sale, which is unwholesome or unsafe
for human consumption, he shall order the same destroyed or re-
moved, and the owner or person in responsible charge thereof shall
PAGE 4
I' I
Agenda
Etemf
sG~~, ;I
immediately destroy or remove such unwholesome or unsafe food at
his own expense.
Sec. 13-5. Bale or other disposition of unwholesome food
prohibited.
(a) It shall be unlawful for any person association of per-
Sons, firm or corporation to offer for sale, ~sell or give away any
food or drink for human consumption which has been
II
the city health officer to be unfit for such use, pronounced by
i dist(b) A food service establishment shall not use, serve, sell or
products in hermetically sealed containers that:
t
(1) have severe dents on the rim or seam;
(2) have deep rust spots; or
(3) are swollen or leaking.
8e0. 13-6. Registration of food service establishments
based outside city.
(a) A food service establishment or commissary operating from
a facility located outside the city that sells, distributes or
transports food inside the city may not conduct operations inside
the city unless the food service establishment:
(1) registers with the Administrator on a form provided for
that purpose;
(2) Pays to the city a registration fee of $10 and other
applicable fees; and
(3) furnishes the health officer with:
(1) a certificate from a health authority having juris-
diction over the establishment indicating that the es-
tablishment complies with applicable health laws; and
(ii) other information that the Administrator deter-
mines is necessary to enable the Administrator to en-
force the provisions of this Chapter or otherwise
protect the public health or safety.
Sao. 13-7 through 13-19. Reserved.
I'
PAGE 5
J
Agenda
~terr~~°~
ARTICLE II. FOOD SERVICE ESTABLISHMENTS
Sao. 13-20. Permit Required.
(a) It shall be unlawful for any person, association of per-
sons, firm or corporation to operate a food service establishment
in the City without having obtained a permit under the terms of
this section.
(b) Any person desiring to operate a food service establishment
shall make written application for a permit at the office of the
Environmental Health Services Division. The application shall in-
clude the applicant's full name, street and post office address,
and whether such applicant is an individual, firm, or corporation,
and, if a partnership, the names of the partners, together with
their addresses shall be included; the location and type of the
proposed establishment; and the signature of the applicant or ap-
plicants. If the application is for a temporary or seasonal food
service establishment, it shall also include the inclusive dates of
the proposed operation.
000, 13-21. Application Fee.
(a) The applicant shall submit the applicable nonrefundable fee
as set forth in the following table with hfs application:
For a Restaurant:
$100.00 plus $1.00 per 100 square
feet
For a Grocery Store: $100.00 plus
$1.00 per 100 square
feet
For a Day Care Center: $100.00
(b) Application fees for seasonal food service establishments
shall be the same as those for any other similar full time food
service establishment.
(c) An applicant shall not under any circumstances be entitled
to a refund of application fees after an application has been
filed.
see. 13-22. Permit Imsuanoa,
ble fee,Uthe healthreceipt
ofof an fier application
mises of the applica-
makeaan inspection of the pre-
mises where the business is to be conducted. If the premises
comply with the terms of this article and with all requirements of
the zoning ordinance, other ordinances and state law, a permit
shall be issued to the applicant upon payment of the permit fee.
PAGE 6
J
AovdaNo
ABendaltern ,e_5 shall
sub the following table before ha applicable permit fee as set forth in
permit will be issued:
For a Restaurant:
Number of
lmDl-- °~yg~
ou
0-5
6-10 $ 65.00
11-15 85.00
16-20 105.00
21-25 125.00
26-30 160.00
31-35 180.00
36-40 200.00
41 or more 220.00
230.00
For a Grocery Store:
Number of
&UaQxM
0-5
6-10 $ 65.00
11-15 85.00
16-20 105.00
21-25 125.00
26-30 160.00
31-35 180.00
36-40 200.00
41 or more 220.00
230.00
For each Day Care Center:
$35.00 plug $1.00
child of licensed capaci-
ty
For a seasonal establishment:
525.00
For a temporary establishm:
A temporary food service establishment which operates more than
Permit ring any consecutive twelve (12) month period shall
for each separate period of operation. pay a
13-2 2b) For the purpose of calculating the fees described in Sec.
hours a( ) an employee who normally works over twenty-five
Week shall be considered a full-time employee,
normally working less An employee
than twenty-five (25) hours a week shall be
considered a half-time employee.
PAGE 7
A~2nda Item ~C~ F _
(c) In _he event a food
Administrator shalt notify spepermit ali is c
writing. The notice
tl,e rejection the
sha thei fyappYthe icantsonsatof on
l
l
rea why the permit is
denied. The decision of the Administrator is final unless the
decisiont of shall
the Administ atorl hallr con t n en in ceff ct3until the
final decision of the Committee.
(d) Permits shall not be transferable. A person who acquires
an existing food service establishment shall not operate the es-
tablishment without obtaining a new permit within thirty (30) days
from the date of the change of ownership.
(e) The manager of each food service establishment shall dis-
play a valid permit in public view in the establishment.
I
(f) A permit will be good for a period of twelve (12) months
from the date of issuance, except that temporary, seasonal, and
provisional permits shall expire in accordance with their terms. rmit Accegreemptantnceby the est bli hm nt to; the administrator conati-
(1) comply with all conditions of the permit and all ap-
plicable provisions of this chapter; and
(2) allow the lawful inspection of its facility and
operations.
sao. 13-23. Tomporary Food servio• astabliabnents.
i
(1) A temporary food service establishment that does not comply
with other requirements of this chapter or other city ordinances
applicable to food service establishments is permitted if:
(a) the health officer finds that the operation will not
result in a health or safety hazard or a nuisance;
(b) the operation is limited to a single, fixed location,
which may include one or more facilities at the location;
(c) the operation is either.
(i) limited to a time of not more than 14 consecutive
calendar days; or
(ii) operating under a city park and recreation depart-
ment that has been approved by the City; and
I
(d) the food service establishment complies with the other
requirements of this section.
PAGE 8
(2) The term temporary food service establishment shall not
include concession stands which operate at a fixed location in con-
junction with scheduled, community-based sporting or recreational
events provided:
(a) The preparation and serving of potentially hazardous
foods shall be restricted to only those pre-cooked, pre-packaged
potentially hazardous food products that have been properly pre-
pared in accordance with all Texas Department of Health and local
requirements and are properly stored, handled, and served in the
unopened, original package from said concession stands.
(i) In such instances where potentially hazardous
foods are served from a concession stand, these shall
be evaluated on a case by case basis and a determina-
tion shall be made as to requirements.
(3) A temporary food service establishment shall not:
(a) prepare, serve, sell or distribute any food not
I4 approved in advance by the health officer;
(b) prepare potentially hazardous food; except, that the
establishment may prepare potentially hazardous food that
is approved in advance by the health officer and does not
require substantial preparation prior to consumption (in-
cluding, but not limited to, a hamburger or frankfurter) or
may prepare potentially hazardous food that is:
(i) obtained by the establishment in individual
servings;
l (ii) stored at a temperature of 45" Fahrenheit (7" Cen-
tigrade) or below or at a temperature of 1400 Fahrenhe-
it (600 Centigrade g,r a va); and
(iii) served to a consumer in the container in which it
was originally packaged;
(c) permit consumption of ice or contact of ice with food
unless the ice is:
(i) obtained from a source that is approved as
potable;
(ii) in chipped, crushed, or cubed form; and
(iii) obtained in single-use plastic or wet-strength
paper bags that are sealed by the me..nufacturer and
unopened until used by the establishment;
PAGE 9
AgendiNo
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(d) store food in contact with water or undrained ice;
except that wet storage- of a beverage in a pressurized
container is permitted if the water used:
(i) contains not less than 50 milligrams per liter of
available chlorine; and
(ii) is maintained in a clean condition;
r(e) use water from a source that is not approved as potable.
II
(4) A food service establishment shall:
(a) protect each food and food-contact surface from
contamination;
i
(b) install equipment in a way that permits cleaning and
sanitizing and that is not likely to cause adulteration of
food;
(c) provide hot and cold water in a quantity sufficient to
maintain personal hygiene of employees and the cleanliness
and sanitation of the establishment;
(d) provide a convenient handwashing facility with soap and
individual paper towels for persons preparing and serving
food; and
(e) comply with liquid waste disposal ordinances and
regulations.
(5) The design and structural material of a facility that
houses a temporary food service establishment are subject to
approval as safe by the health officer. A facility must be con-
structed in a way that protects the establishment from entrance of
outside elements, including, but not limited to, insects, rodents,
dust, or weather. Floors must be constructed of concrete, asphalt,
tight wood, or other similar, easily cleanable material kept in
good repair. If the temporary food service establishment is out-
doors, each food preparation and serving area must have a fire res-
istant overhead covering that protects the interior of the facility
from the weather.
(6) The size of a counter service opening must be no larger
than is necessary for the particular operation and is subject to
approval as safe by the health officer.
(7) A temporary food service establishment shall comply with
Section .003 (Food Care) of the Texas Rules on Food Service San-
itation and any other requirement that the Administrator determines
is necessary to protect tho public health or safety and imposes as
a condition to the lawful operation of the establishment.
PAGE 10
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Ar~nda No.
A~anda Efem -;0 ~F
151y .27
800. 13-24. Plans and Permits.
(a) The owner shall submit plans and specifications for con-
struction of work areas intended for use in the operation of a food
establishment, and the location, size, and type of fixed equipment
and interior finishes of such areas to the City of Denton Environ-
mental Health Services Division for approval before work is begun,
when a food service establishment is constructed, or:
(1) the nature of the operation changes;
(2) the establishment is extensively remodeled; or
(3) when an existing structure is converted for use as a
food service establishment.
(b) When in the opinion of the Administrator, no imminent
danger to food or other specified hazard exists, the Administrator
may issue a provisional food service permit for a period not to
exceed thirty (30) days. A provisional permit is subject to re-
vocation if corrective measures are not incorporated into such
facilities within the time prescribed as designated in the permit. ,
cations fThe Administratorts or construction of ainewnfacility approval is of valid for eighteen I
(18) months after the date of approval, or until construction is
completed and a food establishment permit is issued, whichever
comes first.
(d) The Administrator's written approval of plans and specifi-
cations for extensive remodeling of an existing facility is valid
for 6 months after the date of approval or until construction is
completed and a food service establishment permit is issued, which-
ever date occurs first.
(e) In a food service establishment, the food preparation area
shall be of adequate size and shall constitute a minimum of twenty-
five percent (251) of the total square footage of the occupied per-
mitted area.
(f) in a food service establishment, dry storage areas shall be
of adequate size and shall constitute a minimum of fifteen percent
(151) of the total square footage of the food preparation area.
(g) The minimum requirements specified in subsections (d) and
(e) of this section shall be applicable to all establishments for
which building permits are issued after April 18, 1993.
Sea. 13-25. Expiration and Ranewal of Permits.
(a) A permit lapses and is void unless the applicable permit
fee is received by the Environmental Health Services division of
PAGE 11
AgsndaNo
Agenda Item' ~f
the city of Denton before the expiration date of the existing
permit.
(b) A permit lapses and is void if the food service establish-
ment operating under the permit constructs a new facility or
changes ownership.
(c) No permit shall be renewed unless the applicant has paid
the permit fee and any reinspection fees which have been assessed
during the previous year.
Sec. 13-26. Revocation of Permit.
The Environmental Health Services Administrator may, after pro-
viding opportunity for a hearing, revoke a permit if the Adminis-
trator determines that the manager or owner of a food service es-
tablishment has:
(1) interfered with the health officer in the performance of
his duties; or
(2) been convicted twice within a twelve (12) month period for
a violation of this Chapter; or
(3) failed to comply with a hold order or a condemnation order;
or
(4) failed to comply, within the time specified, with an order
to correct or abate an imminent and serious threat to the
public health or safety; or
(5) intentionally or knowingly impeded a lawful inspection by
the health officer; or
(6) been closed two or more times within a twelve-month period
for conditions that constituted a serious and imminent threat
to public health.
Prior to revocation, the health officer shall notify the holder
of the permit, or the person in charge of the food service estab-
lishment, in writing of the reason for which the permit is being
revoked and that the permit shall be revoked at the end of five
(5) days following service of such notice unless a written request
for a hearing is filed with the City by the holder of the permit
within such five (5) day period. If no request for hearing is
filed within the five (5) calendar day period, a final notice of
revocation shall be served. Upon receipt of the final notice of
revocation, the food service establishment shall immediately cease
operation and the permit shall be considered finally revoked.
PAGE 12
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Ager.daiiM '/F
seo. 13-27. service of Notices.
A notice provided for in this Article is served
it is delivered to the holder of the permit, oom the person hin '
charge of the food service establishment, or when it is sent by
registered or certified mail, return receipt requested, to the last
known address of the holder of the permit. A co
shall be filed in the records of the City Secretary of the notice
See. 13-28. Appeal from Denill or Revooation of a Permit.
If the health officer denies the issuance of a permit or a
permit is finally revoked, the officer shall send the applicant or
permit holder by certified mail, return receipt re
notice of the denial or revocation and of the rightetoean appeal.
The applicant or permit holder may appeal the decision of ethe
I health
A Administrator within five committee of the r giving written
the denial
of thet
or revocation notice.
seo. 13-29. Hearing.
A hearing of the appeal shall be conducted by a committee
Onep(1) memberpshall)beeselected appointed by the
of City the MaDenager.
Restaurant Association, one (1) member shall be a resident of the
City and one (1) member shall be the Director of Municipal Ser-
vices. The hearing shall be held at a time and place designated by
the city Manager. The committee shall hear and consider evidence
offered by any interested person. Based upon the recorded evidence
of such hearing, the Committee shall sustain, modify or rescind any
notice or order considered in the hearing by a majority vote. The
Committee shall provido a written report of the hearing decision to
the holder of the permit.
The decision of the committee is final as to administrative
remedies, and no rehearing may be granted. once the decision of
the Committee is final under this section, the applicant or permit
holder may appeal the decision to the state district court or court
of appropriate jurisdiction.
Boo. 13-30. Application After Revocation.
Whenever a revocation of a permit has become final, the holder ,
of the revoked permit may make written application for a new
permit.
ARTICLE III. INSPECTION
Eso. 13-31. Autbority to Inspect.
(a) The health officer may inspect any and all things offered
for sale, given in exchange or given away for use as food or drink
PAGE 13
~I
Age^da hertz, joy f_
CA~e ._zz -
/ 7
for human consumption, and he shall have the authority to enter any
food service establishment in to city, as authorized by law for
the purpose of such inspection.
(b) The health officer shall conduct an inspection of a food
service establishment at least once every six months. Additional
inspections of the food service establishment shall be performed as
often as are necessary for the enforcement of these rules.
,
(c) The city health officer, after propor identification, shall
be permitted to enter any food service establishment at any time
for the purpose of making inspections to determine compliance with
these rules. The officer shall be permitted to examine the records
of the establishment to obtain information pertaining to food and
j supplies purchased, received, or used, or to persons employed.
$*a, 13-32. Report of inspections.
E
Whenever an inspection of a food service establishment or com-
missary is made, the health officer shall record the findings on
the inspection report form. The inspection report form shall sum-
marl to the requirements of these rules and shall set forth a
weighted point value for each requirement. Inspection remarks
shall be written to reference, by section number, the section vio-
lated and shall state the correction to be made. The rating score
of the establishment shall be the total of the weighted point val-
ues for all violations, subtracted from 100. The Health Officer
shall furnish a copy of the inspection report form to the person in
charge of the establishment at the conclusion of the inspection.
f The completed inspection report form shall be made available for
public disclosure to any person who requests it according to law.
Bea. 13-33. Correction of violations.
period) ofh inspection report
for the correction m of tithe viol tions found,naard
correction of the violations shall be accomplished within the
period specified, in accordance with the following provisions:
(1) If an imminent health hazard exists, such as complete
lack of refrigeration or sewage backup into the estab-
lishment, the establishment shall immediately cease
food service operations and shall not resume until
authorized by the health officer.
(ii) All violations of 4 or 5-point weighted items shall be
corrected as soon as possible, but in any event, within
the time specified on the inspection report.
(iii) All 1 or 2-point weighted items shall be corrected as
soon as possible, but in any event by the time of the
next routine inspection or any scheduled re-inspection.
PAGE 14
Agenda N~ e)
Agenda Itern__,~~l
(iv) In the case of temporary food service establishments,
all violations shall'-be corrected within 24 hours. If
violations are not corrected within 24 hours the
establishment shall immediately cease food se
operations rvice 1 officer. until authorized to resume by the health ate with (anyTtimen imitso for correti na tmay rthat food
service operations.
inspection findings and time nlimita i limitations willr beppeal from the
written request for a hearing is filed with the city withiniten
calendar days following cessation of operations. If a request for
a hearing is received, a hearing shall be held within 20 days of
receipt of the request, in accordance with the provisions of sec,
13-28 hereof.
(e) Whenever a food service establishment is required under the
i provisions of this chapter to cease operations it shall
j operationt until such time as a re-inspection determinesnthatecon.
Ioneraexi responsibl
he h althtoffi eru shall offer the c operations no
re-giinspection within a reasonable time, PP rtuntty for
Bea. 13-34. Re-inspection.
(a) Any food service establishment inspected by the city of
Dentonof Environme
belo loHeaany lthServices Division which receives a
score 75 or Inspection must be re-inspected.
(b) This re-inspection shall be performed in the same manner,
using the same form, as the previous inspection.
i
(c) If, upon subsequent re-inspection of the establishment, the
health officer finds that sufficient measures were not taken to
bring the score above a total of 750 he will issue a citation and
schedule a date for another re-Inspection. The health officer
shall continue to perform re-inspections until the establishment
has made sufficient progress to warrant a score above 75,
(1) The issuance of a citation for failure to meet required
score upon re-inspection shall not in any way limit the
ability of the inspector to issue any other citation for
any violation of this chapter.
(d) Re-inspection for failure to meet required score shall be
performed on the fourteenth calendar day immediately following the
original inspection, or as soon as Possible thereafter, except
that
toeSooan13e62bltithe original closed
the re-inspecon. below 60, pursuant
insp ctor shall det rmine the ti
t
me of
PAGE 15
AcendaNo
Sao- 13-35. Fee for Rs-inspection.
(a) The fee for re-inspection shall be one-half the annual
permit fee of the establishment receiving the re-inspection.
(b) A re-inspection fee will be charged for each re-inspection
necessary to bring the food establishment's score above 75.
(c) Payment of the re-inspection fee shall not void, or in any
- way affect, the responsibility of the owner or permit holder for
payment of any fines for any other violations of this Chapter.
(d) The person, partnership, or corporation listed as "owner"
on the original application shall be responsible for payment and all fees, including re-inspection fees, The ministrator
shall send an invoice requesting payment of the re-inspection fee
and the permit holder shall pay within thirty (30) days of the date
of the invoice. -
Sea. 13-36. Examination and Condemnation of rood.
often (a) Food may be examined or sampled by the health officer as
Chapters Thnecessary for e health officer enforcement may, upon written ntice to provision the of this
owner
or person in charge specifying with particularity the reasons
therefor, place a hold order on any food which he believes
i violation of Subsection (a) of rule 431.081, Texas Rules oniFood
Service Sanitation or any other provision of the rules. The health
officer shall tag, label, or otherwise identify any food subject to
the hold order. No food subject to a hold order shall be used,
served, or moved from the establishment. The health officer shall
permit storage of the food under conditions specified in the hold
order, unless storage is not possible without risk to the public
health, In which case immediate destruction shall be ordered and
accomplished,
Sao. L3-37o Appeal From Hold order.
The hold order shall state that a request for hearing to appeal
hold order may be filed within five (5) days and that if no hearing
is requested, the food shall be destroyed. Tf requested, a hearing
shall be held on the basis of evidence produced at that hearing by
the Committee described in Sec. 13-29 of this Chapter. :Cho Com-
mittee may vacate the hold order or direct the owner or person in
charge of the food to denature or destroy such food or to bring it
into compliance with the provisions of this Chapter.
Sao. 13-34. Power to Rxamins Food service establishment Re-
oords.
The health officer shall have the authority to examine the
records of a food service establishment in order to ensure com-
pliance with all provisions of this ordinance or of state law.
PAC" 16
item_ .C~ 7F
Agenda
l'
Sec. 13-39. Drive-ins.
(a) It shall be unlawful for the owner or operator of a drive-
in cafe, refreshment stand or other eating establishment catering
to customers who remain in their automobiles to permit or allow the
premises upon which such business is located or the adjacent side-
walks or streets, to become littered with loose paper, paper cups,
paper straws, paper napkins and like items thrown or dropped upon
such premises, sidewalks or streets by customers of such establish-
ments.
(b) It shall be the duty of the owner or operator of any
business establishment mentioned in this section to keep the pro-
misee, adjacent sidewalks and streets free and clean of said loose
paper, paper cups, paper straws, paper napkins and like items
thrown or dropped by customers of such business, and it shall be
his further duty to prevent such articles from being blown upon the
premises of others. Any owner or operator who shall permit or al-
low such litter to be blown upon the premises of another or onto
adjacent streets or highways shall be guilty of a violation of this
section.
ARTICLE III. REGULATION OF FOOD HANDLERS
Sec. 13-40. Food Handler's Permit Required.
' (a) Every person whose work brings him into contact with the
handling of food, utensils or food service equipment must possess
a food handler's permit. An applicant shall submit an application
for a food handler's permit together with a fee of Fifteen Dollars
($15.00) to the City; provided that a person working on behalf of
a temporary establishment shall submit an application for a food
handler's permit together with a fee of Two Dollars ($2.00) to the
city.
(b) Every person who owns, manages, ur otherwise controls any
food service establishment shall not permit any person to be em-
ployed therein whose work brings him into contact with the handling
of food, utensils or food service equipment who does not possess a
valid food handler's permit within ten (10) days from the date of
his employment.
See. 13-41. Eremptiona. '
Every person who possesses a current and valid manager's
certification certificate from taking a course permitted by the
Texas Department of Health shall be exempt from they requirements of
Sec. 13-40.
sea. 13-42. Food Handler's Permit,
owni(a) In
employedr by, receive eotherwised cohandling nnected with a permit, food yservice
PAGE 17
J
Agenda Ilem..__r L ~ Z_
[ate
establishment whose work orings him into contact with food,
utensils, or food service equipzMnt is required to attend a food
handling school held by the City of Denton or achieve a score of
70 or above on the basic knowledge test administered by the
Environmental Health Services division. This requirement must be
met upon expiration of a food handler permit and upon application
for a new food handlers permit. The Administrator shall issue a
parmit to the applicant if the applicant has:
(1) completed attendance of food handling school; or has
achieved a score of 70 or above on the basic knowledge test
administered by the administrator; And
i
Ii (2) is not suspected of beingr
E (a) Infected with a disease in c communicable form that ca
be transmitted by foods; n
(b) a carrier of organisms that cause such a disease; or
i (c) infected with a
boil, an infected wound, or an acute
respiratory infection.
(b) In the event a permit application is rejected, the health
officer shall notify the applicant of the rejection in writing by
certified mail, return receipt requested. The applicant may appeal
the decision of the Administrator as provided in Sec. 13-28. The
decision of the Administrator shall bs final unless the applicant
shall file an appeal within five (5) days following service of the
notice.
8e0, 13-43, Display
It shall be unlawful for any person to operate or manage any
public eating place or any place where food or drink is manufac-
tured, processed, prepared, dispensed or otherwise handled in the
city, unless every person handling food or drink in such business
has a valid food handler's permit displayed in a conspicuous place
on the premises,
Sao. 13-44. Permit Duration,
Any food handler's permit issued under the provisions of this '
article shall remain in full force and effect twelve (12) months
from the date of issuance, unless sooner revoked.
eeo. 13-45, Saxe - Nontransferable.
Every permit issued under the provisions of this Chapter shall
be nontransferabl+.
PAGE 18
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Agenda No
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Agenda
' o27
Boos 13-46. sane - Confisoation.
The health officer shall have the authority to confiscate a
food handler's permit that has expired or is otherwise invalid.
Sec. 13-47. Base - Revocation.
(a) The health officer shall have the right to revoke a valid
food handlers permit at any time the holder of such card becomes
or is suspected of being:
(1) infected with a disease in a communicable form that can
be transmitted by foods;
(2) a carrier of organisms that cause such a disease; or
(3) is afflicted with a boil, an infected wound, or an
acute respiratory infection.
(b) Such revocation shall remain in effect until a licensed
hysician certifies the food handler is free from any communicable
p
disease.
(c) No such person shall work in a food service establishment
in any capacity in which there is a likelihood of such person con-
taminating food or food-contact surfaces with pathogenic organisms
capable of transmitting disease to another person.
(d) The Administrator shall notify the applicant or permit
holder in writing of the reasons for which the permit is being
revoked. Revocation shall be final unless the permit holder files
a written request for a hearing with the Administrator within five
(5) calendar days following service of the notice.
Sao. 13-49. Appeal.
A person shall have the rf.ght to appeal the Administrator's
decision to deny issuance L [ a food permit or to revoke a permit by
giving written notice to the administrator within five (5) days of
the denial or revocation. The Health Committee shall consider the
appeal in accordance with the procedures outlined in Sec. 13-29
herein. ,
ARTICLE IV. VMMRS, CATERIV4 TRUCRBj MOBILE UNITS
AND OUTDOOR ANOEER UNITS
Boo. 13-51. Regviretents for Snow-Cone Vendors.
(a) A Snow-Cone vendor shall have as
(1) Commercially approved source for ice and syrup;
PAGE 19
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lte~
rote
(2) Handwash sink with soap, running water, and paper
towels; and -
(3) waste-water holding tank of adequate size for operation
or be connected to an existing sanitary sewer, snow-cone provisions requiredvforoamfoiodl service gest establishment awhich tall
he
Administrator deems necessary to protect the public health and
safety,
sec. 13-32. Requirements for the sale of Zoo Crean, Other
Proven Desserts or Novelties Upon Public street
prom A Vehicle,
(a) A person may not sell ice cream, frozen desserts or other
novelties from a vehicle before sunrise or after sunset.
(b) Ice cream, frozen desserts, and other novelty frozen food
items shall be individually wrapped by the manufactursr before
being placed in the vehicle from which they are sold and shall be
sold in the original wrapping.
(c) All vehicles offering ice cream for sale shall haver
(1) An automatic flashing device consisting of two lamps
at the front of the vehicle, mounted at the same level and
simultaneously f ashingramber lights possible
and two lamps lamps displaything
rear of the vehicle mounted at the same level and as widely
spaced laterally as possible and displaying simultaneously
flashing amber lights, to be used at all times while each
vehicle to in use for food service or solicitation of
sales;
(2) Signs in front and rear bearing the word "SLOW" in
letters not less than six (6) inches high; and
(3) Be capable of maintaining a constant temperature for
food storage and contain, in conspicuous place, a
thermometer to allow for verification of temperatures. ,
goo, 13-33• Requirements for Mobile Units.
tlonse) Saidmobicommile unit must meet alml requirements of State law
and:
(1) Be inspected and permitted by the Division of Environ-
mental Health of the City of Denton; or
(2) Provide a copy of its most recent inspection report
performed by the Texas Department of Health or the local
PAGE 20
aaendaEtent . ~ F
health authority with competent the
commissary or base of op'@rations; andrisdiction over the
(3) Provide any other documentation deemed necessary by the
Administrator to enable the Administrator to enforce thss
Chapter or otherwise protect the public health and safeq. mobi
units
ori
from or the cityAmust haveea Valid foodnservice permitservi mus~ within
r
in the egistered iownertoflthei e
truck s. aThe nd tru k licensear the namebof the
plate number.
(c) The operator of a truck must protect food from contamina-
tion, and keep truck clean and free of rust and corrosion.
~ (d) All trucks must be
on the permit. Identified using the sane name that is
(e) All condiments and 'apices, such as salt, pepper, sugar,
catsup, mustard, mayonnaise, sauces, non-dairy creamer, etc., must
be served in single-serving containers. No bulk dispensers, bot-
tles or cans shall be permitted,
All single-service tableware must be individually wrapped
in plastic.
~
(g) The applicant for a food permit for a mobile unit shall
present an inspection report to the Environmental Health Services
Division. This inspection shall have been made by the regulatory
authority with jurisdiction or the Texas Department of Health, if
the location of the commissary is oatside the corporate limits of
Denton, Texas.
(h) Sewage, waste water and solid waste must be disposed of
according to law.
(i) The waste water tank outlet must be lower than the Inlet to
the potable water supply,
(j) Mobile units shall provide a route plan upon request. ,
e)eo- 13-51- catering operations.
(a) All catering operations based in the City of Denton shall
comply with all state rules, laws, and local ordinances. A person
shall not engage in a catering operation filiated with a food service establishment opera inaer om is fixed
facility that is permitted by the appropriate health authority. ed
(b) The base o: operations for a catering operation shall be
Physically separate from a residential home and shall be a per
manent, fixed location.
-
PAGE 21
~anQaN6 __~I.3• cii
Agenda It
lx,te 9.s
(c) The Health officer may inspect a cateri
time. ng operation at any
8e0. 13-55. Outdoor Smoker Units.
(a) A food service establishment operating one or more outdoor
smoker units shall:
(1) House each smoker unit in an enclosure of adequate size
to allow for the free movement of personnel around equipment and
'f other fixtures.
i I
(2 Ensure that the enclosure shall conform to an applicable)City of D nton ordinances Including building codes1,dfire
codes, and zoning regulations, and
(i) Walls of the enclosure shall be constructed of
solid material or screen material not to exceed 16 mash per inch.
(ii) The roof shall be constructed of a non-permeable
material which is water resistant as well as fire resistant, and
shall be sloped to allow for proper drainage.
(iii) Floors shall be constructed of asphalt, cement,
or tight fitting wood which has been sealed so as to be non-
absorbent and easily cleanable.
(iv) All outer openings shall be tightly sealed so as
to prevent flies and other insects from entering the food prepara-
tion area.
(3) Ensure that all food preparation activities comply with
Sec. 003 "Food Care" of the Texas Rules on Food Service Sanitation,
except thatr
(i) In instances where sinks are not provided, the
operator shall not up containers to be used for sanitizing hands
and food service utensils. Hand sanitizers shall be provided at a
strength of not less than 200 p.p.m, and utensil sanitizer shall be
at a strength of not less than 100 p.p.m.
(ii) A thermometer shall be provided in the interior ,
of the smoker unit to measure air temperature inside the unit, and
a food thermometer shell also be provided to measure the internal
temperatures of meats during the cooking and holding process to
insure compliance with tesperature requirements.
ARTICLB V. BWORCEKSNT
r sea. 13-61. Violations.
(a) The Administrator of the Environmental Health Services
Division, Department of Municipal services, or any of his designat-
PAGE 22
lot
Aeonds No
ABanda Items,. /c~,S i°` < -
l'
ed employees, shall have the responsibility and
all provisions of this ordinance Aithin the corporate ower to enforce
City of Denton, Texas,
limits of the
(b) Whenever the health officer determines that there has been
a violation of any provision of this ordinance, which in his
Judgment can jeopardize the public health, or for violation of any
- items which have been noted as problems an two or more consecutive
inspection reports, the officer may issue a written citation for
said person to appear in court,
(c) It shall to unlawful for any person to knowingly
health officer a false name when such officer requestte nametof
said person for purposes of enforcing the provisions of this
chapter.
goo, 13-62. Authority to Close,
(a) The health officer shell close without warning any building
or place described in this Chapter and prevent its use for the
storage, manufacture or sale of food o: drink for human consumption
'+henever:
(1) The health officer finds aiy building or place used for
the storage, manufacture or sale of food or drink for human
consumption, or the methods or practices used therein, to
be so filthy or unsanitary as to endanger the public
health;
(2) The health officer, upon inspection of an establish-
ment, finds sufficient violations which cause the rating
score of said establishment to be below a total of sixty
(60) points;
(3) The health officer finds That an establishment is
operating with no working refrigeration units;
(4) The health officer finds that an establishment is
operating without running water for a period of more than
one (1) hour; or
h
(5) The health officer finds that sewage has backed up into '
an establishment.
(b) It shall be the duty of the health officer to post a notice
of closure for such conditions at the entrance of such building or
place and to maintain the same until such conditions or practices
have been removed or abated.
(o) No person shall remove or alter in any way a sign which has
been posted by the health officer.
PACE 23
40endaNe
Agendalt"L_k'5 9f
sentence,, chi8e That if any section, subsection, paragraph,
thereof l $ Phrase or word in this ordinance, or application
any person or circumstances is held invalid by any valid-
of competent jurisdiction, such holding shall not affect the
court
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SE~'r--IAll ordinances or of ordina in
when the provisions of this ordinanceabeccme effectiveswhichoare
inconsistent or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such
conflict.
ordina~~11 That any person violating any provision of this
S2,000, F.ach day that ao pro provision of this dorda sum inance oIseviolated
shall constitute a separate and distinct offense,
18th dam y'riThat this ordinance shall become effective on the 1993
the to cause the caption of this ordi City Secretary is to be published twice i in directed
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 1993,
I
BOB CASTLEHERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITClit CITY ATTORNEY
BYS
PAGE 24
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AM&MIA
'_~Aa 3
CITY --CIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
} SUBJECT: Adoption of the 1991 Edition of the Uniform Building Code with
local amendments
RECOMMENDATIONS: The Building Code Board unanimously recommends approval.
r
I SIUM9BYL An ordinance amending Article II of Chapter 28 of the Code of
Ordinances of the City of Denton to provide for the adoption
of the 1991 Edition of the Uniform Building Code. New
chapters are included concerning building accessibility and
! the construction of atria. Hard wired smoke detectors with
' battery back-up will be required in all sleeping rooms in
addition to the present requirement for smoke detectors in
corridors providing access to sleeping rooms.
This ordinance adopts the 1991 Uniform Building code with what
are called "local amendments" that modify the 1991 Uniform
Building Code. The provisions concerning fees, energy
conservation, lateral support, and automatic sprinklers are
the same as in the current City ordinances. The "local
amendments" to the 1985 Uniform Building Code are being
adopted again with the 1991 Uniform Building Code.
' EA.MROUND: The Building Code Board has reviewed the 1991 Edition of the
Uniform Building Code and current building code ordinances and
recommends adoption.
LBOGRAMS DEPARTMENTS OR _RO tP,$ AFFECTECi
Building contractors.
FISCAL IMPACTS
Building construction costs will increase due to local and national
accessibility requirements. There will also be additional costs due to
requirement for smoke detectors in each bedroom.
RE6~E LILLY SUB I f D:
Llo d . Harrell
City Manager
f
i
apertdaNo
AgeWs item k -5 7lr
City Council Report Format
Page 2
i
Prepared by:
C Gk~
Jacki Doyle
building Official
ApPr ved:,'!(I
4atk:~ FRobbins
Executive Director
Planning and Development
J
AGendaNo
AgendaIIVL._.
RIB
ORDINANCE N0.
-
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF OR-
DINANCE OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") PROVIDING
FOR ADOPTION OF THE UNIFORM BUILDING CODE, 1991 EDITION; PROVIDING
FOR AMENDMENTS AND DELETIONS TO THE UNIFORM BUILDING CODE, 1991
EDITION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR A PENALTY IN THE AMOUNT OF $2400,00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
BECTION i. That Section 28-27 of Article II of Chapter 28 of
the Code of Ordinances of the City of Denton, Texas are hereby
amended to read as follows:
sec. 28-27. Adoption of building coda.
The Uniform Building Code, 1991 Edition, as published by the
International Conference of Building Officials, a copy of which
shall be filed in the office of the City Secretary and available
for public inspection is hereby adopted and designated as the
Building Code of the City, the same as though that edition of such
code were copied at length herein, subject to the deletions and
amendments enumerated in section 28-28.
SECTION II. That Section 28-28 of Article IY of chapter 28 of
the Code of Ordinances of the City of Denton, Texas is hereby
amended to read as followas
~i
Race 28-20, Deletions and amendments
The building code adopted by section 28-27 is amended to read
as followst
(1) Section 204, Board of Appeals. Section 204 is deleted.
(2) Section 301(&), Permits Required. Section 301(a) is
amended to read as followas
Except as specified in subsection (b) of this section, no
building or structure regulated by this code shall be erected,
constructed, enlarged, altered, repaired, moved, improved,
removed, converted, or demolished unless a separate permit for
each building or structure has first been obtained from the
building official. A separate electrical, plumbing,
mechanical and one (1) driveway approach permit shall not be
required when a building permit for a new one- or two-family
dwelling of four thousand five hundred ninety-nine (4,599)
square feet or less in floor area or for an apartment complex
Ponca No
Agendaltam ~S ~G=
is issued. Individual building, electrical, plumbing, andzV, 3
mechanical permits are required for additions, remodels and
repairs to one- and two-family dwellings and apartment build-
ings.
1
(3) Section 304(b), Permit Fees. Section 304(b) is amended
to read as follows: 1
The fee for each permit shall be as set forth in section 309
and Tables Nos. 3-A and 3-e as set forth in section 28-28(9),
i
` (10)(a) and (b), and (11) of the Code of ordinances.
(4) Section 304(o), Plan Review Fees. The second sentence of
M Section 304(c) is amended to read as follows:
` For Group R, Division 3 occupancies, the plan review fee shall
be 10 percent of the building permit fee as shown in Table 3-
8. For all other occupancies, the plan review fee shall be 50
percent of the building permit fee as shown in Sec. 309 and
Table 3-A.
(5) Section 304(f), Fee Refunds. The third paragraph of
Section 304(f) is amended to read as follows:
The building official may authorize a refund of up to 100
percent of the plan review fee paid when an application for a
permit for which a plan review fee has been paid is withdrawn
or canceled before plan review is completed.
(6) Section 305(9), Reinspection. The fourth paragraph of
Section 305(g) is amended to read as follows:
To obtain a reinspection, tM applicant shall
pa
reinspection fee as set forth in the fee schedule titled,
"Other Inspections and Fees," Section 28-28(10)b of the Code
of Ordinances, and then request an inspection in the manner
prescribed by the building official.
(7) Section 307, Structural observation, Section 307 is
amended by changing 3107 to 307.
(e)' Motion 308(a), Use and occupancy. Section 308(a) is
mended to read as follows:
Sscti.O 309(a), Use and occupancy. No building or structure
shall be used or occupied, and no change in use, tenancy or
occuF„ncy classification of a building or portion thereof
shall be made until the building official has issued a Cer-
tific=te of Occupancy therefor as provided herein. A new
Certificate of Occupancy shall also be required when a change
of ow,-arship of an operating business occurs. The business
may continuo to operate until the Certificate of Occupancy is
2
Ageidalterl_
issued. Such businesses shall be inspected in a timely` ~ n ~r
by the building official or his designee and the owner shall.sa3
make any necessary repairs within a time period determined by
the building official to be reasonable.
Exception:
1. Group R, Division 3 and Group M occupancies.
Issuance of a Certificate of Occupancy shall not be construed
as an approval of a violation of the provisions of this Code
or of other ordinances. Certificates presuming to give autho-ncel ordinanceso oft the City shall notvbeivalidf this Code or other
(9) Section 304, Apartment Building Permit Bass. Section 309
is added to the uniform Building Code, to read as
follows:
A permit fee shall be calculated for each multifamily
apartment building by multiplying the floor area as defined in
the Uniform Building Code by 11.4088 cents per square foot.
(10) Table No. 3-A, Building Permit gees, Table No, 3-A is
amended to read as follows:
Table 3-A
Permit Fees for Nonresidential 3uildings and Additions
and Repairs to Residential Buildings
I
a. Total vaYuation
Fee '
$1 to $500
$501 to $20000 $5 for the first $500, plus $1
for each additional $100 or
fraction thereof, to and
including $2,000.
$2,001 to $25,000 $20 for the first $2,000, lus
$4 for each additional $10000
or fraction thereof, to and
including $25,000.
$25,001 to $50,000 $112 for the first $25,000,
plus $3 for each additional
$1,000 or fraction thereof, to
and including $50,000.
$500001 to $1000000 $187 for the first $50,000,
plus $2 for each additional
3
i
pgendt No _ ~3 - D//
Agen6allenLl~;1~ y
$1,000 or fraction thereof, to,,/, 3
and including $100,000. ~1J1
$100,001 to $500,000 $287 for the first $100,000, y
Plus $1.50 for each additional
$1,000 or fraction thereof, to
and including $500,000.
$500001 and up $887 for the first $500,000,
plus $1 for each additional
$1,000 or fraction thereof.
To establish building permit fees for all new construction and
additions other than new one- and two-family dwellings of four
thousand five hundred ninety-nine (4,599) square feet or less
in floor area and multifamily dwellings, multiply eleven
dollars ($11.00) by the total square footage under roof, enter
that valuation into Table No. 3-A and increase the results by
one-half. To establish building permit fees for all alter-
ations, fire damage, repairs, remodeling, and accessory
totbuialdings,
squareu fooiply
enter l that fift cents into 5the babothe
ve
schedule and then increase the results by one-half.
b. Other Inspections and Fees:
(1) Inspection requested and performed before
or after normal working hours (minimum charge
of one (1) hour), per hour,,,,,,,,,,,,,,
~ .$15.00
(2) Reinspection fee assessed under the provisions
of section 305(8), eac~
•....$15.00
(3) Inspection for which no fee is specifically
indicated (minimum charge of one-half hour),
per hour ...................................$15.00
j4) Certificate of occupancy inspection for
other than new buildings, each .............$18.00
(5) Issuance of Certificate of Occupancy for
new building excluding croup R, Division
3 Occupancies.,,,..,,, ..$10.00
(6) Reroofing of any building ..,.,,,,,,,,$20.00
(11) Table No. 3-8, Permit Fee 9obedule for Nev One- and Two-
ftoily Dwellings. Table No. 3-8 is created to read as
follows:
4
Agenda No
Aeendaltem_ ~~.5 ~ ~C-
Table 3-8 lxte_ y:~"~3.
•~~t X73 ,
Permit Fee Schedule for New One- and Two-Family Dwellings
Each half of a two-family dwelling shall be treated as a iJI
separate building for the purpose of determining permit fees: 1
TOTAL SQUARE FT.
UNDER ROOF TOTAL SQUARE FT.
FEE UNDER ROOF FEE
0-1272 $255.30 2800-2818
1273-1299 261.30 2819-2899 367.76
1300-1363 265.44 2900-2909 372.26
lj64-1399 271.44 2910-2999 338705.44
1400-1455 274.58 3000 .44
1456-1544 280.58 3001-3090 380.68
1545-1636 286.58 385.18
1637-1727 3091-3099 389.68
292.58 3100-3181
1728-1799 298.58 395.28
1800-1818 3182-3299 399.78
1819-1899 301.02 3200-3272
307.02 3273-3299 403.10
1900-1909 307.29 407.60
1910-1999 3300-3363 411.17
2000 313,29 3369-3399 415.67
2001-2090 313.63 3400-3454
319.63 3455-3499 417.65
2091-2099 325.63 422.15
2100-2181 3500-3545 426.62
2182-2199 326.42 3546-3599
332.42 3600-3636 431.12
2200-2272 333.74 436.36
2273-2299 338.24 33637007--33727 699 446446.86
2300-2363 .05
2364-2399 339.11 3728-3818
343.22 3819-3909 450.55
2400-2454 346.36 3910-4000 455.05
2455-2409 350.86 4001-4090 459.55
2500-2545 353.21 4091-4199 464.05
2546-2599 357.71 478.05
2600-2636 4200-4272 483.05
2537-2699 358.76 4273-4363
363.26 4364-4454 487.55
2700-2727 363.26 492.05
2728-2799 4455-4545 496.50
367.76 4546-4599 499.55
(12) Section 503(d), Fire Ratings for Occupancy eapa::ations,
Exception item 36 Section 503 (d), Exception 3 is
amended to read as follows:
3. In the one-hour occupancy separation between Group R,
Division 3 and Group M Occupancies, the separation may
be limited to the installation of not less than one-half
inch thick gypsum board conattuction on the garage side
and a weather-stripped door will be permitted in lieu of
5
Ii
1
a~er,CaNo :p1/
p90odaitam ~S °"!G
a one-hour fire assembly. Fire dampers shall not-b-
e
required in ducts piercing this separation for ducts ~J
constructed of not less than
steel No, .6 gauge galvanized
, the separation requirements stated in Section
3802 (b)(
2) Exception 1 shall apply if exception is being
used to avoid the installation of approved automatic fire
sprinkler systems.
(13) Section 504(b), Fire Resistance of Walls. Section 504(b)
is amended by changing the last sentence of the first
paragraph to read as follows:
The above provisions shall not apply
to the property line or to Group to walla at right angles
and Group R Occupancies which are Al eqDivision uipped th 3 or 4, Group e
approved automatic sprinkler system and ea a at least 10tfeet
from the property line,
(14) Section 705(0), sanitation, section 705(c) is amended by
adding a new sentence at the end of the first paragraph
to read as follows:
Retail stores and office type occupancies having not more than
15 employees shall provide at least 1 unisex handica
closet.
p water
(15) section 1718, Energy conservation is New Building
Construction, Chapter 17 is amended
section 1718 to read as follows: by adding a new
a. Exterior bottom plates must be sealed with
construction adhesive or caulking.
b. Door and window frames must be sealed and caulked.
C. All exterior wall penetrations (pipes, etc,) must
be sealed and caulked,
d. All holes and spaces in top plates must be sealed,
e, All exterior walls must be insulated with
insulation haling a minimum R-11 value.
f. Attic areas must be insulated with insulation
having a minimum R-14 value,
g• No cracks shall be permitted in exterior wall
sheathing. All joints in sheathing not over solid
framing shall be sealed with materials to stop air
infiltration.
6
Apanda No -
Exception: Group R, Division 1 Apartment Buildings.
"y"~ L--
Listed below are minimum requirements for apartment building-
a. Exterior bottom plates must be sealed with construction
adhesive or caulking.
b. Door and window frames must be sealed and caulked.
C. All exterior wall penetrations (pipes, etc.) must be
sealed and caulked.
d. All holes or spaces in top plates must be sealed.
' e. All exterior walls shall
insulation value. Provide a minimum R-19
f. Attic areas over conditioned areas shall be insulated
with insulation having a minimum R-30 value where
electrical resistance heating is used and a minimum R-26
value when other heating means are used.
g. No cracks shall be permitted in exterior wall sheathing.
All joints not over solid framing shall be sealed with
materials to stop air infiltration.
h. one (1) layer of minimum four-mil plastic sheeting shall
be applied to the framing behind the wall finish material
at all walls c-arrounding conditioned areas.
I. No cooling equipment shall be installed which has a SEER
rating of less than 9.0.
J. All hot water heating devices shall be contained in an
insulation blanket (either internally or externally)
which has a minimum R-io value.
k. All exterior windows and sliding glass patio doors shall
have double glazing.
1. Unshaded west-facing glass shall riot exceed twenty (20)
percent of the total exterior glazed area in any ual fivev(45) deapartment. Class either north orisouth sof due west shall
be deemed to face west. Th,, following are acceptable
shading installations:
(1) Fixed or operable louvers;
(2) Grilles;
(3) Shade-producing screens and roofs; or
7
AGsnda No G
!!err 'S G
Agenda
(4) Mature undisturbed tree(s) which 'XwefIT p" e a/~
minimum of fifty (50)
question when the sun percent shading on the glass in
angle is thirty (30) degrees above
the horizontal and due west,
other methods which will provide a minimum fift
shading may be acceptable. Y (50) percent I
(16) 8e0tion 2506(h), Lateral support. to read as follows, Section 2506(h) is
Solid-sawn rectangular lumber beams, rafters and foists shall
be supported laterally to prevent rotation or lateral dis-
Placement in accordance with the following;
If the ratio of depth to thickness, based on nominal
dimensions, is;
a. Two (2) to one (1), no lateral support is required.
b. Three (3) to one or four (4) to one (1), the
s
solid bll b held in Position, as by full-depth
other framing members bridging, nailing or bolting to
ac^eptable means. approved hangers or by other
c. Five (5) to one (1), one (1) edge shall be held in
line for its entire length or by other acceptable
means.
d. Six (6) to one (1), bridging, full-depth solid
block, cross bracing installed at intervals not
exceeding eight (8) feet unless both edges are held
in line or the compression edge of the member is
supported throughout its length to prevent lateral
displacement, as by adequate
subflooring, and the ends and all points aofibearing
have lateral support to prevent rotation or by
other acceptable means, one G.
linenfor)their entire length or by oshall be held in
means.
ther acceptable
If a beam is subject to both flexure and compres-
sion parallel to grain, the ratio may be as much as
5 to 1 if one edge is held firmly in line. If t
under any comM nation of load the unbraced edge of
the member is in tension, the ratio may be 6 to 1.
In lieu of providing lateral support by the methods
specified in Items 2 through 5 above, the allowable
8
ih
4coidaNo
IIAgendallem.X-)
stresses shall be reduced by the slinde ess Pao}o
set forth in Section 2504(c)6.
(17) Section 2516(f)48(ii), Two or more dwelling units and ~j
hotels, Section 2516(f)4B(ii) to amended by deleting
exception 2 and adding a new exception 2 o read as
follows:
2. Draft stops may be omitted in combustible attic space
in Group R, Division 1 Occupancies which are equipped
with an approved automatic sprinkler system throughout.
(10) section 2516(f)4B(iii), Other Uass. Son
2516(f)4B(iii) is amended by amending the exceptionito
r read as follows:
i I
Draft stops may be omitted in combustible attic space in
group A, Division 3 and 4 and Group B Occupancies which
are equipped with an approved automatic sprinkler system
throughout.
(19) section 2903, Excavations and Fills. Section 2903 is
amended by adding a new paragraph (c) to read as follows:
(c) Trench Safety. Notwithstanding any other provision
of this code, on all construction projects, public or
private, within the boundaries of the city or its
extraterritorial jurisdiction, the bid documents and the
contract shall contain:
specifications for adequate safety detailed
that meet
Occupational Safety and Health Administration standards,
and (2) a pay item for those safety systems. This
requirement shall not apply to persons subject to safety
standards adopted under Tex. Rev. Civ. Stat. art.6053-1,
and subject to the administrative penalty provisions of
Tex. Rev. Civ. Stat. Ann. art. 6053-2.
(20) section 3201(a), General. Section 3201(a) is amended to
read as follows:
Roofs shall be as specified in t).is code and as otherwise
required by this chapter. untreated or fire-retardant
treated wood shingles or shakes shall be prohibited.
Exception: The roof covering on existing dwellings and
structures with wood shingles and shakes may be repaired
with factory treated fire-retardant wood shingles or
shakes. The roof covering on additions made to existing
dwellings and structures with existing wood shingles or
shakes may be of factory treated fire-retardant shingles
or shakes.
9
AendaNo
Apendal~len~.!
(21) Section 3304(0), Type of Look or Latch. ecfion 30(
4 c)
is amended by adding an exception 3 to read as follows:~~ ~'?3
Group B, Division 2 occupancies in existence prior to C
e adoption of the 1991 edition of the Uniform Building
L Code which have an occupant load of less than 100 shall
be permitted to continue the use of existing manually
operated edge or surface mounted flush bolts and surface
bolts on the inactive leaf of a pair of doors which were
in existence prior to adoption of the 1991 edition of the
uniform Building Code, There shall be a readily visible,
durable sign on or adjacent to the doors stating: These
doors to remain unlocked during business hours. The sign
shall be in letters not less than one inch high on a
contrasting background.
(22) Section 3305(8), Construction.
i amended by adding an exception 8 to read io as follows: is
8. Corridor walls and ceilings need not be of fire-
resistive construction within buildings of Group A,
Divisions 3 and 4, Group B and Gi*nuo R Occupancies which
are equipped with an approved automatic sprinkler system
throughout.
(23) Section 3305(h)1, Doors. Section 3305(h)l is amended by
adding exception 3 to read as follows:
3. Self-closing or automatic closing smoke and draft
control assemblies need not be installed in buildings of
Group At Division 3 and 4, Group B and Group R
Occupancies which are equipped with an approved automatic
sprinkler system throughout.
(24) Section 3305(b)2, openings other than doors. Section
3305(h)2, is amended by adding exception 2 to read as
follows:
2. Protection of openings as required by this section is
not required in Group At Divisions 3 and 4, Group B and
automaticcsprinkler systemathroughoutd with an approved
(25) Section 3317(d), panic Hardware. Section 3317(d)
exception 1 is deleted.
(26) Section 3891, Scope. Section 3801 is amended to read as 1
follows:
(a) All fire-extinguishing systems including automatic
standpipe systems,
systems, combined systems, special automatic
10
1% - V 07 i
kid ids Nn
ngeadaltym~_~'.5 IG,_
extinguishing systems sand ubject
approved p inlets shall
may be required. The fire department such
smarshaleSshallc
approve the location of all fire-department hose
connections.
(27) Section 3902, Fire-extinguishing systems. Section 3802
is amended to read as follows:
(a) An automatic sprinkler system shall be installed in
the occupancies and locations set firth in this section.
All such installations shall be in accordance with
N.F.P.A. Standard 13, N.F.P.A. Standard 13A, N.F.P.A.
Standard Me and N.F.P.A. Standard 14, and the
Supplemental Sprinkler Rules of the State Board of
Insurance, as the same may be amended or supplemented
from time to time.
(b) An automatic sprinkler system shall be installed:
(1) In all buildings constructed after June 1,
1991, of noncombustible construction having 10,000
or more square feet of total floor area, regardless
of type of construction, height, area separation
walla, exterior wall openings, or occupancy group,
i
(2) In all buildings constructed after June 1,
1991, of combustible construction having 5,000 or
more square feet of total floor area regardless of
type of construction, height, area separation
walls, exterior wall openings, or occupancy group.
Exceptiona.
L11 1. When the combined heated and cooled and non-heated
and-cooled areas of a single family dwelling equal or
exceed a floor area of 5,000 square feet, the building
must be provided with an approved automatic fire extin-
guishing system throughout, The automatic fire extin-
guishinq system may be omitted when the non-heated and-
cooled areas are separated from the heated and cooled
areas by minimum one-hour fire-resistive construction
which extends from the lowest floor level to the roof
deck. Any openings within such separation shall be pro-
tected by minimum one-hour fire assemblies. This excep-
tion applies only when such separation will provide a
heated and cooled floor area of less than 5,000 square
feet.
2. Apartment buildings and two family dwellings having
5400 square feet or more of floor area need not be
i
11
f
A7P.~da11
provided with an automatic fire sprinkler system ~V/
provided such buildings are separated into areas of less,
than 5,000 square feet by vertical, four-hour, fire
resistive, non-load bearing walls. Such walls shall have
no penetrations and shall extend from the foundation to
a point at least 30 inches above the roof and shall
extend to the outer edges of horizontal projecting
elements such as balconies, roof overhangs, canopies or
architectural projections.
(3) In all basements constructed after June 1,
1991, regardless of size, construction type, or
occupancy group except in Group R, Division 3
Occupancies.
1 (4) In the following Group H Occupancies;
a. Division
guishing system shalln beuinstallediin-build-
ings classified as Group H, Division 1 occu-
pancies larger than 1500 square feet in floor
area.
b. Division 2. An automatic fire-extin-
guiahing system shall be installed in Grout, H,
Division 2 occupancies exceeding 1500 square
feet in area.
An automatic fire-extinguishing system shall
be installod in rooms of buildings classified
as Group No Division 2 Occupancies when flam-
mable or combustible liquids are stored or
handled in excess of the quantities set forth
or Table
any No. 9-A of
ombiationhe Uniform
flammable inliquids
excAeds 240 gallons.
An automatic fire-extinguishing system shall
be installed in paint spray booths or rooms.
Co Division 3. An automatic fire-extin-
yuishing system shall be installed in build-
ngs classified as Group H, Division 3 Occu-
pancies larger than 3,000 square feet in floor
area.
d, Division 4. An automatic Eire-oxtin- '
guishing system shall be installed in build-
ings classified as Group H, Division 4 Occu-
pancies more than one story in height.
12
AoerdaNo
A~enrlallern,,. 1` ~G
e. Division 6.ie_._~
guishing system shall nbe installed l ithroughout v~ ~3
buildings containing Group H, Division 6
Occupancies.
(5) In all Group I Occupancies.
(6) The owner(s) of any building which existed or
which was under construction'be or of any site for
which a building permit has en issued prior to
June 1, 1991 shall be required to install an auto-
matic fire sprinkler system at such time as the
owner(s) constructs an addition or enlargement to
the building if:
{ a. the total square footage of such addition
i when combined with the total square footage of
all previous additions and enlargements to the
building constructed after June 1, 1991 cause
the building to exceed 10,000 square feet of
total floor area; and
b. the total square footage of all such addi-
tions to the building exceeds by more than
twenty-five percent (25%) the total floor area
which existed, or which was under construc-
tion, or for which a building permit was
issued prior to June 1, 1991.
Additions provisions of required
or t ordinances cwith the
ontaining
health, or safety regulations enacted after
June 1, 1991, shall not be counted in
calculating the footage under this section,
(c) All persons wishing to install automatic sprinkler
or standpipe systems within the city limits of the City
of Denton shall furnish proof to the Fire Marshal prior
to the beginning of any work that such persons meet or
exceed all state and local requirements for sprinkler
installers.
shall be fureanistshtwo
at the time of application drawings
for a
building permit. No building permit shall be
issued unless the plans for the automatic fire
sprinkler or standpipe system have been approved,
However, the building official may issue a permit
for the preparation or construction of a foundation
and associated underground plumbing and electrical
work prior to receipt of the working drawings.
13
i
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i
1
ayer da No
Nelda llm- ~ fG
(2) A temporary Certificate of occupancy may be/Gy/
issued if the fire sprinkler system is uperationa1
and has been approved by the Fire Marshal.
permanent Certificate of Occupancy shall be issued
only after at least two sets of as-built drawings
and hydraulic calculations are submitted to the
Fire Marshal for final approval, If rate credit is
to be
received, these copies shall include the
stamped approval of the State Board of Insurance.
tem
valid fporary Certificate of Occupancy shall be
period not to exceed one-hundred twenty
(7.20) days from the da
correction te of issuance and any
s to the fire sprinkler system which are
required by the State Board of
completed within the one-hundred ntwentce shall be
period for which the temporary CertYifica a cat day
Occupancy is valid, of
(3) A representative of the Fire Department shall
witness all pressure tests of systems. The
contractor's responsible managing employee must he
present at all acceptance tests,
(d) No alterations to systems or to buildings having ems
sha approval osyst
pl ns orlsuch alterations or additions and
(e) All riser control valves shall be able to be locked
in an open position and shall be maintained at all times
in the locked, open position unless otherwise approved by
the Fire Marshal.
(f) All connections to the city's main shall be designed
in accordance with figure B-2-3,1, Connection for
Domestic Water, N,F,p,A, 13, except that an approved
check valve shall be required in the underground yard
main near its connection to the domestic water man.
(28) 6eotion 3804, Permissible Sprinkler omissioae, Sections
3804(a) and (b) are amended to read as follows:
(a) Subject to the approval of the Fire Marshal,
sprinklers may be omitted in rooms application of water to the contents rmayreae when the
serious threat to life or fire hazard.
Y constitute a '
(b) Group R, Divisions 1 (except hotels and motels) and
3 shall be permitted to install N.F.P.A. Standard 13D
systems,
(29) Section 38050 Standpipes, Section 3805 is amended to
read as followst
14
3
(a) General, Standpipes shall coml y/ G 51
requirements of N. F.p,1{, Standard 24, latest edition h -the
/7x23
(b) where Required. A Class III standpipe shall be
required in all buildings three (3) or more stories in
height. In buildings equipped with automatic sprinkler
systems the requirement of hose and hose cabinets may be
waived if approved by the Fire Marshal.
(30) 8e0tion 3808, Water capae#ty Required. Section 3808 is
added to the Uniform Building Code to read as follows:
Every development shall
for fire protection purposes. Unless buildingsaincthe
development are provided with fire protection by means of
automatic sprinkler systems in accordance with Chapter 28
of the Code of ordinances, each development shall provide
the following minimum water capacity (calculated with 20
Pounds of residual pressure):
BT.9A High-intensity commercial and industrial 3~L
Medium-intensity commercial 3,000
1o500
Medium-intensity residential
750
Low-intensity residential
500
If sufficient water supplies exist to satisfy automatic
fire sprinkler demands as calculated by the Insurance
Services Office Fireflow Formula, as amended, the minimum
water capacity as indicated above may be reduced by fifty
percent (501), except that in no case shall the minimum
capacity be reduced to less than 500 gallons per minute.
(31) USeation niform Buildingocodeoto.readSection
follower added to the
A person commits an offense if the person:
(a) Tampers with, damages or renders inoperable an
automatic sprinkler system,
device. standpipe, or alarm
(b) Shuts off a standpipe or automatic sprinkler
system without prior approval from the chief of the
Fire Department.
(32) 0*Cti*n 3810, Fire Lane. Section 3810 is added to the
15
I
Uniform Building Code to read as follows:~ 'y _G L 3
The fire lane shall be extended to within fiEt/r~
(5o0~ry) ofof a alny ul portispr
st
n onsnkl
i ofed thei
buexteng
ld ri,orForwalls of the first
i
bsildings which
are equipped with an automatic sprinkler system
throughout, the fire lane shall extend to within fifty
feet of the fire department hose connection.
(33) Section 4204(a), General. Section 4204(a) is amended by
adding exception 4 and shall read as follows:
4. Where approved automatic sprinkler protection is
provided in Group A, Divisions 3 and 4, Group B and Group
R Occupancies, the flame-spread classification rating may
be reduced to class III,
(34) Section 4306(j), Fire Dampars. Section 4306(j) 5 is
amended by adding exception 2 and shall read as follows:
2. Fire damper protection of heating, ventilation and
air conditioning duct penetrations of corridor walls,
ceilings or floors is not required in Group A, Divisions
3 and 4, Group B and Group R Occupancies which are
equipped with an approved automatic sprinkler system
throughout,
SECTI_ O_I, That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are Inconsistent or in conflict
contained in this ordinance are he hereby repealed mto thepGx tentoof
any such conflict.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
shall0consti tutday a that a
e
eparater and distinct h offense~,ance is violated
ON V- That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be 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
16
Ag9nd~No ~ -D//
Agenda lion ~G
PASSED AND APPROVED this the day of /el- 3
1992. 71
Bob Castleberry, Mayor
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
i
' APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH
F
' BY• ~ C
ASS0005C
17
AlendaIjeaL 7G
Minutes
Building Code Board
November 3, 1992
Present= Ed Owens, Greg Muirhead, Steve Kniatt, James Fykes,
Jackie Doyle, Building Official
Absent: Isabel Miller, Cliff Reding, Bob George
1. Muirhead moved and Fykes seconded a motion to table arova
of the minutes of October 20, 1992 until the next meeting.
Motion carried unanimously.
II. Copies of Article I and II of Chapter 28 of the code of
ordinances ware given to Board members. Articles I and II
relate to thi city building code and to the Building Code
Board.
Kniatt had indicated a concern regarding the duties and
powers of the Board because Sec. 204, Board of Appeals had
previously been deleted from the Uniform Building Code.
Sections 28-41 and 28-42 of Article II of the code of
ordinances creates the Building Code Board and outlines the
procedures and powers of the Board.
Owens had a question concerning item number (8) in the list
of proposed amendments relative to the format used in
identifying Sec. 308(a). Since there was no (b) following
(a) Owens asked why the section wasn't identified as Sec.
308. It was determined that there was a Section J0S (b).
However, only 308(x) was being amended.
Item number (30) in the list of proposed amendments
concerning required water capacity for development was also
discussed. Doyle stated that this item was included in the
proposed ordinance because it was part of the fire sprinkler
ordinance and the Board and the writers of the sprinkler
ordinance intended for the sprinkler ordinance to be part of
the building code.
Doyle had previously indicated that the Executive Director
of Planning and Development had suggested that this section
not be included in the building code because it was also in
t
those he Subdivision and Land Development regulations and that
Commission after a regulations recempowered ommendation h from the Public Utilities
Board to make exceptions to these requirements. The Board
A~erdaIIertt S ~ G
Page 2
r
determined that even if they were not the Board designated
to grant variances to this section they still believed it
should be part of the building code in order for people not
involved in the platting of property to know about the
requirements of this section.
Kniatt indicated that he would like to see the minimum SEER
rating of Cooling equipment increased.
Doyle asked that such a change be delayed and reviewed when
the 1993 Uniform Building Code is published.
Kniatt moved and Muirhead seconded a motion that the
Building Code Board recommend that tha 1991 Uniform Building
Code be adopted with the proposed amendments to Section 28-
27 and 28-28 of Article II, Chapter 28 of the City of Denton
Code of Ordinance. Motion carried unanimously.
III. Doyle indicated that the next group of public hearings for
substandard buildings would be scheduled as soon as
possible.
The status of the substandard structure located at 419 E.
McKinney Street was discussed. Owens said t'-jt he had
talked with the owner and had been told that he was working
with a potential buyer and that if the sale did not take
within the thirty h dayv time limit previously establishedmby
trio Board.
Kniatt asked about a red tag left by an inspector last
Saturday at the Smokehouse Restaurant on Fort Worth Drive.
Doyle said that he was not aware of any Building Inspection
Division inspectors working last Saturday but he would check
and see what he could find out.
Meeting adjourned At 5115 P.M,
r
r
Nods No Agenda Itemle -5 7C,'
l'
Minutes
Building Code Board
November 3, 1992
Present: Ed Owens, Greg Muirhead, Steve Kniatt, James Fykes,
Jackie Doyle, Building official
Absent: Isabel Miller, Cliff Reding, Bob George
I. Muirhead moved and Fykes seconded a motion to table approval
of the minutes of October 20, 1992 until the next meeting.
Motion carried unanimously.
II. Copies of Article I and II Chapter 28 of the code of
ordinances were given to Board members. Articles I and II
relate to the city building code and to the Building Code
Board.
Kniatt had indicated a concern regarding the duties and
powers of the Board because Sec. 204, Board of Appeals had
previously been deleted from the Uniforan Building Code.
Sections 28-41 and 28-42 of Article II of the code of
ordinances creates the Building Code Board and outlines the
procedures and powers of the Board.
Owens had a question concerning item number (8) in the list
of proposed amendments relative to the format used in
identifying Sec. 308(a). Since there was no (b) following
(a) Owens asked why the section wasn't identified as Fec.
308. It was determined that there was a Section 308 (b).
However, only 308(a) was being amended.
Item number (30) in the list of proposed amendments
concerning required water capacity for development was also
discussed. Doyle stated that this item was included in the
proposed ordinance because it was part of the fire sprinkler
ordinance and the Board and the writars of the sprinkler
ordinance intended for the sprinkler ordinance to be part of
the building code.
Doyle had previously indicated that the Executive Director '
of Planning and Development had suggested that this section
not be included ir, the building code because it was also in
the Subdivision and Land Development regulations and that
those regulations empowered the Planning and zoning
Commission after a racommendation from the Public Utilities
Board to make exceptions to these requirements. The Board
Agenda Item.! 7G
Page 2
determined that even if they were not the Board designated
to grant variances to this section they still believed it
should be part of the building code in order for people not
involved in the platting of property to know about the
requirements of this section.
i
Kniatt indicated that he would like to see the minimum SEER
rating of cooling equipment increased.
Doyle asked that such a change be delayed and reviewed when
the 1993 Uniform Building code is published.
Kniatt moved and Muirhead seconded a motion that the
Building Code Board recommend that the 1991 Uniform Building
Code be adopted with the proposed amendments; to Section 28-
27 and 28-28 of Article Ii, Chapter 28 of thin City of Denton
Code of Ordinance. Motion carried unanimously.
III. Doyle indicated that the next group of Public hearings for
substandard buildings would be scheduled as soon as
possible.
The status of the substandard structure located at 419 Z.
McKinney Street was discussed. Owens said that he had
talked with the owner and had been told that ho was working
w
place that he ith a ootential buyer and that if the sale did not take
within the thirty h days time limit previously establi shedmby
the Board.
Kniatt asked about a red tag left by an inspector last
Saturday at the Smokehouse Restaurant on Fort Worth Drive.
Doyle said that he was not aware of any Building Inspection
Division inspectors working last Saturday but tie would check
and see what he could find out.
Meeting adjourned at 5:15 P.M.
II
~ 'tG2
CITY
COUNCIL
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144
i
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AO,No
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Adoption of the 1993 Edition of the National
Electrical Code with local amendments
RECOMMENDATIONS: The Electrical Code Board unanimously recommends
approval.
SUMMARY: An ordinance amending Article III of Chapter 28
(Electrical Code) of the Code of ordinances of the
City of Denton to provide for adoption of the
latest edition of the National Electrical Code.
BACKGROUND: The Electrical Code Board has reviewed the 1993
Edition of the National Electrical Code and current
electrical ordinances and recommends adoption,
including two new fees: 1) $15.00 per hour for
inspections made after normal working hours, on
weekends and holidays. Minimum charge of one hour.
2) $15.00 reinspection fee.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Electrical contractors
FISCAL IMPACT
Electrical contractors will pay for reinspections and for
inspections after normal working hours, weekends and holidays.
E LILLY T
oy Harrell
City Manager
Prepared by: '
A
Name
Title
App ed
N /
m
Title
ASS0006B/12
E : \WPDOCS\"Y. \AMr w0EL E .O
AgeldaItam.,
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS ("ELECTRICAL CODE") TO
PROVIDE FOR ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1993 EDITION;
TO PROVIDE FOR AN AMENDMENT TO MINIMUM STANDARDS OF WORK; PROVIDING
FOR AN AMENDMENT TO INSPECTION FEES TO ALLOW FOR REINSPECTION FEES
AND AFTER NORMAL WORKING HOURS INSPECTION FEES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 28-61 of Article III of Chapter 28 of
the Code of Ordinances of the City of Denton, Texas is hereby
amended to read as follows:
Sao. 28-61. Adoption of electrical code.
The National Electrical Code, 1993 the National Fire Protection Association, Eaicopy,of which lshall be
filed with the office of the city secretary and available for pub-
lic inspection, is hereby adopted and designated as the electrical
code of the city, the same as though that edition of such code were
copied at length herein, subject to the deletions and amendments
enumerated in section 28-62.
SECTION II. That Section 28-63 of Article III of Chapter 28
J of the Code of Ordinances of the City of Denton is hereby amended
to read as follows:
Sao. 28-63. Minimum standards of work.
(a) In all new work or revisions of old work, new knob and
tube wiring systems shall not be used for interior wiring in the
city.
(b) All interior work shall be in metal raceways, except ,
wiring in single-family and multi-family dwellings not exceeding
three (3) flooro above grade.
that exterior wiring residential 120 shall vobe in lt, 20 approved
roan except
circuit-interrupter protected circuits and circuits forcontrol uof
irrigation and landscape lighting limited to not more than 30 volts
f may be installed with Type OF or other approved cable or raceway.
(d) Aluminum wire and copper-clad aluminum wire smaller than
No. 2 AWG shall be prohibited. Aluminum wire and copper-clad
aluminum wire No. 2 AWG and larger may be used only with apps ved
connectors and terminals.
Agenda No -oi/
3~!s
(e) Service lateral conductors shall not be installed in con-
twotfamilyldwellings w and (2) incheg
multifamily e dwelings,peanent one- and
i
SECTION That Section 28-121 of Article III of Chapter 28
of the Code of Ordinances of the City of Denton, Texas is hereby
amended by changing the numbering of paragraphs (9) and (10) to
paragraphs (11) and (12) respectively and adding new paragraphs (9)
and (10) so that hereafter such paragraphs shall read as follows:
8ec.28-121. Inspection of fees.
(9) Re-inspection fee......,
.........................$25.00
(10) Inspections made after normal working hours,
on weekends, or holidays .
i $15.00
per hour, minimum
charge of one (1)hour
(11) Separate permits.
A separate electrical permit shall
be obtained for each building or
structure, except that only a
building permit shall be required
for each new one- and two-family
dwelling not exceeding four thousand
five hundred ninety-nine (4,599)
square feet or less in floor area
and for each new multifamily 1
complex.
(12) Delinquent permit fee. {
For each job started where an electrical
permit is not obtained within seventy-two
(72) hours, Saturdays, Sundays and legal
holidays excepted
...............$15.00
That all ordinances or parts of ordinances in
f
orce when the provisions of this ordinance become effective which
are
tainedcinsthisnordinanceoareiherebyhrethe terms pealed to o the extent provisions of cany
such conflict. ,
kj.Q N . That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding 00.
day shall constitute a that a
separate and distinct offense. is violated
PAGE 2
Agenda No.
Agenda
lla S IH
SECTION VI. That this ordinance shall become effective four-
teen (14) days from the date of Its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the
1997, day of
r
BOB CASTLEBERRY, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM;
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY., ` v
PAGE 3
keodaNo ell
aEeadaff$m ~~f~
MINUTES
Electrical Code Board
February lo, 1993
I i
Present: Trenton Williams, John Hardinger, Stuart Cawthon, Terry
Schertz, Fred Reed, Greg Mitchell, Electrical Inspector,
Jackie Doyle, Building official
Absent: David Martin
I. Cawthon moved and Hardinger seconded a motion that the minutes
of January 13, 1993 be approved as written. Motion carried
unanimously.
II. Board members were provided with copies of proposed amendments
to the electrical ordinance for their review. After a brief
discussion, Cawthon moved and Schertz seconded a motion to
recommend adoption of the 1993 edition of the National
Electrical code with local amendments. Motion carried
unanimously.
III. Mitchell provided Board members with information from the
International Association of Electrical inspectors regarding
state licensing of electricians. The Board was in favor of a
state license, but they were also aware that such a law has
been discussed for years without being adopted. Some larger
cities have opposed such laws in the past and still do today.
The current proposal does not at this time have a sponsor in
the state legislature.
Meeting adjourned at 9:30a.m.
.J~
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A" go,
Date: Marc"3i 1993 L~
C/ ~ 1
I
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
A SUCCESSIVE OPTION AGREEMENT WITH ROGER C. SULLIVAN
FOR THE PURCHASE OF 134.6 ACRES OF [,AND FOR FUTURE
EXPANSION OF THE CITY OF DENTON LANDFILL.
RECOMMENDATION:
Staff recommends the adoption of the ordinance.
~ I I
SUMMARY/BACKGROUND:
During the last several weeks, staff has been involved in the
negotiation for an option to purchase approximately 134.6
acres of property currently owned by Roger C. Sullivan. The
property in consideration is located in East Denton and is
partially adjacent to the City's Landfill. The property is
bounded by Edwards Road to the South, Mayhill Road to the
West, and the City's Landfill and other property to the North.
The intended use of this property is for the expansion of the
City's Landfill.
The Successive Optior, Agreement provides for three one-year
options at $10,000 per year, with each annual option payment
applicable to the purchase price. Should the City fail to
exercise its option, the funds paid for the option which would
have applied to the purchase price will revert to the property
owner.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
City Solid Waste Customers and the Solid waste Division.
A1593C/1
4gendo No a
Agenda1*q-`.!~.5 -*rlZ
ADOPTION OF ORDINANCE - SUCCESSIVE OPTION AGREEMEMW _,5/
March 31, 1993
Page 2 4
FISCAL IMPACT:
The option payment is established at $10,000 per year with
this payment applying to the purchase price.
Respectfully submitted,
4I r
Lloyd V. Harrell
City Manager
I ! Prepared by:
e~~Zo
Bili Angelo
Director of C mmunity Services
Approved by:
R. IE. Nelson
Executive Director of Utilities
A1593C/2
%:\WPMC S\WORR\sDLL1VAN.ORD Agond#No
ate _1=1.~~
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SUCCESSIVE OPTION
AGREEMENT WITH ROGER C. SULLIVAN AND ROGER C. SULLIVAN COMPANY, A
TEXAS CORPORATION FOR THE PURCHASE OF 134.6 ACRES OF LAND FOR
FUTURE EXPANSION OF THE CITY OF DENTON LANDFILL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute a
Successive Option Agreement with Roger C. Sullivan and Roger C.
Sullivan Company, a Texas corporation for the purchase of 134.6
acres of land for the future expansion of the City of Denton land-
fill, a copy of which is attached hereto and incorporated by refer-
E ence herein.
SECTION II. That the City Council hereby authorizes the expen-
diture of funds in the manner and amount as specified in the
Successive Option Agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of
1993.
BOB CASTLEBERRY$ MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
Ei\WPDOCS\WORR\SULLIVAN.ORD
i
j:\wpdocs\k\9ui1ivan.k
AgendaHo
7 ~,-i
SUCCESSIVE OPTION AGREEMENT l
STATE OF TEYAS
COUNTY OF DENTON
THIS AGREEMENT made this day of
at Denton, Denton County, Texas, by, Roof C. orpor-an, indi~li-
dually and Roger C. Sullivan Company, a Texas corporation (here-
inafter referred to as "Optionor") and the City of Denton, Texas,
a home rule municipality (hereinafter referred to as "Opticnee").
RECITALS
WHEREAS, Optionor is the owner or certain real property located
E in Denton County, Texas, hereinafter referred to as the property,
said property being approximately 134 acres described in Exhibit A,
which is attached hereto and by this reference made a part hereof;
and
WHEREAS, Optionee desires to acquire the xclusive right to
purchase, without becoming obligated to purchase, the parcel that
comprises the property, at an agreed price and under specified
terms and conditions:
THEREFORE, it is agreed as follows:
GRANT OF SUCCESSIVE OPTIONS
I
1. In consideration of $10,000.00, receipt of which is hereby
acknowledged, Optionor hereby grants to Optionee the exclusive
right and option to purchase the parcel or parcels comprising the
property at the price described in the Real Estate Contract on file
with the
City Attorney ontApril' 6office approved as
limitatiothe
specified in paragraph 2.
ns
2• The option to purchase the property shall commence as of
the time of execution of this contract and continua until midnight
on December 31, 1993, provided, however, this option may be con-
tinued by the optionee from year to year thereafter for an addi-
tional period of two (2) consecutive years by the payment or tender
by the Optionee to the Optionor of the sum of $10,000.00 per year
firbt
on it before the first day of each and every year thereafter. The suc January 1 hlyoarly payment being due and payable on or before
----9940 and the second such yearly payment being due and
payable on or before Janu_ arv 1, lye.
~
i
APPLICATION OF CONSIDERATION TO PURCHASE PRICE
1. If this option is exercised in accordance with the terms
hereof, it is specifically understood and agreed that the consider-
ation paid to Optionor by Optionee shall apply toward the purchase
price.
2. Further, if the option is extended, of the consideration
paid to Optionor by Optionee for any extensions of this option
shall apply toward the purchase price.
RETENTION OF CONSIDERATION
If this option or any extension thereof is not exercised, all
sums paid to Optionor by optionee shall be retained by Optionor in
consideration of the granting of this option.
EXERCISE OF OPTION
Optionee may exercise this option by execution and tendering to
Optionor the Real Estate Contract on file with the City Attorney's
office and approved as to form by the City Attorney on April 6,
1993. Optionor shall forthwith execute, acknowledge and deliver to
Optionee an executed and acknowledged copy of said contract within
I five (5) days.
AUTOMATIC TERMINATION
h If Optionee fails to exercise the option in accordance with the
terms of the Agreement within the option period or any extension
thereof, then the option to purchase granted by this Agreement, and
the rights hereunder of Optionee, shall automatically and immedi-
ately terminate without notice.
RECORDATION OF AGREEMENr
It is agreed and understood that this Agreement or a memorandum
of same may be executed, acknowledged and recorded in the heal
Property Records of Dentor, County, Texas to evidence Optionee's
interest in the property.
I
USE OF LAND DURING OPTION PERIOD
During the option period or any extension thereof, Optionee
shall be authorized to use the property at any time hereafter to
map, engineer, make soil tests and make engineering surveys on the
property the subject of this Agreement.
ASSIGNABILITY
r
No assignment of this Agreement or of any right or duty accru-
ing under this Agreement shall be made, in whole or in part, by
Page 2
laenda No
~gen+alfem_ for G '~/3'
either party without the prior written consent of the other party,
provided, however, that nothing in this paragraph shall impair
Optionee's right to convey lands acquired :rom Optionor pursuant to
this Agreement.
BREACH BY OPTIONOR
In ti.e event Optionor shall fail to fully and timely execute
the Rcal Estate contract within five (5) days after optionee has
properly exercised its option hereunder, or should Optionor fail to
properly fulfill its obligations under said Real Estate Contract or
this Agreement, except by reason of Optionee's default the.iunder,
then in such event Optionee may enforce specific performance I
hereof.
WAIVER OF RIGHT TO ENCUMBER
E Optionor agrees that he will not encumber the property, either
voluntarily or involuntarily, during the term of this Successive
Option Agreement.
RIGHT OF OPTIu;IEE TO CLEAR TITLE DEFECTS
If Optionor fails to clear she title to the extent required by
the Real Estate Contract or to submit evidence of Optionor's
ability to clear the title prior to the closing, and such failure
to clear the title continues for sixty (60) drys after the date of
the exercise of this option to purchase by Optionee, Optionee may
clear the title to the extent so required and charge cost of
clearing of title to Optionor or, at the option of Optionee,
Optionee may terminate this Successive Option Agreement or real
estate contract, whichever is applicable, by giving ten (10) days
notice to Optionor.
OPTIONEE'S RIGHTS IN FORECLOSURE.
Should Optionor receive notice of foreclosure, Optionor will
ad%Lee Optionee of same within seventy two (72) hours of Optionor's
receipt of such notice. Should Optionee purchase the forty (40)
percent interest in the property as a result of a foreclosure, the
Optionor agrees the purchase price shall be reduced by the price
the Optionee pays at foreclosure for such interest to a maximum of
forty (40) percent of the purchase price.
NOTICES
Unless otherwise provided herein, any notice, tender, or de-
livery to be given hereunder by either party to the other may be
effec:ed in writing by personal delivery or by registered or cer-
tified mail, postage prepaid, return receipt requested, and shall
be deemed received as of the date of mailing. Mailed notices shall
Page 3
ti
agenda Its'
be addressed as set forth below, but each party may change his ad-
dress by written notice in accordance with this paragraph.
To Optionor:
Roger C. Sullivan
350 N. St. Paul, Suite 2500
Dallas, TX 75201
To Optionee:
r City of Denton ii
ATTN: City Manager
215 E. McKinney
Denton, TX 76201
ENTIRE AGREEMENT
This Successive Option Agreement contains the entire agreement
between the parties relating to the option herein nted. An
oral representations or modifications concerning thisa Successivee
Option Agreement shall be of no force an: effect, excepting a sub-
sequent modification in writing, signed by the parties.
BINDING EFFECT
This Successive Option Agreement shall bind and inure to the
benefit of all heirs, personal representatives, successors, and as-
signs of the parties hereto. Any agreements contained herein be-
tween Optionor and Optionee shall sur-tive the exercise of this Suc-
cessive Option Agreement and continue to be effective as if con-
tained within the terms of the Real Estate Contract, and are hereby
incorporated therein.
i
IN WITNESS WHEREOF, the parties hereto have executed this Suc-
cessive Option Agreement the day and year first above written.
OPTIONOR
ROGER C. SULLIVAN COMPANY ROGER C. SULLIVAN
a Texas Corporation Individually
By:
Roger C. Sull van, President Roger C. Sullivan
OPTIONEE
CITY OF DENTON, TEXAS
By:
Page 4
~~ndaNo 3_p//
Aenda~tem17
~
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on
by Roger C. Sullivan.
NOTARY PUBLIC IN AND FOR TEXAS j
I
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on
by Roger C. Sullivan, President of Roger C.
Sullivan Company, a Texas Corporation.
NOTARY PUBLIC IN AND FOR TEXAS
STATE OF TEXAS
COUNTY OF DEp; I'ON
This instrument is acknowledged before me on
- - by ,
of the City of Denton, a mun c pal corpo-
ration, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that
the came was the act of the said City of Denton, Texas, a municipal
corporation, that he was duly authorized to perform the same by
appropriate ordinance of the City Council of the City of Denton and
that he executed the same as the at of the said City fot purpose
and consideration therein exprest-1, and in the capacity therein
stated.
GIVEN UNDER MY HAND ANC SEAL S OFFICE this day of
r, 19 ,
NOTARY PUBLIC IN AND FOR TEXAS
Page 5
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ORDINANCE NO.
1
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE
OF ALL CLAIMS IN THE MATTER OF WRI_GHT V. CITY OF DENTON TEXAS; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SECTION I. That the City Manager is hereby authorized to
execute a Compromise Settlement Release of All Claims in the matter
of aht y City of Denton, providing for the settlement and com-
promise of the litigation now pending between the parties in the
362nd District Court, Denton County, Texas, Cause No. 90-30335-211
in accordance with terms that have been approved by the City Attor-
ney and to expend the funds designated in such Release.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
~ day of 1993.
SOB CASTLEBERRY, MAYOR
i
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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ADendaitaro~ 77/- &~;
RESOLUTION NO.
A RESOLUTION ENDORSING THE RENOVATION PLAN OF GREATER DENTON' ART
COUNCIL FOR THE CAMPUS THEATER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Civic and arts leaders have developed a plan to
establish a performance theater which will bring a new dimension of
cultural, educational, and entertainment opportunities to the
people of the Greater Denton area; and
WHEREAS, the plan involves the transformation of the Campus
Theater into a modern performing arts center where Denton's
reputation for excellence in the performing arts can flourish; and
WHEREAS, the refurbished Campus Theater will be a prominent
facility for the west downtown area and will allow the Greater
Denton Arts Council to contribute to the success of the downtown
revitalization program; and
WHEREAS, the Greater Denton Arts Council has begun its capital
campaign drive to secure the funds needed for this project with
hopes of beginning the renovation in the Fall of 1993; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton
endorses the renovation plan for the Campus Theater and the efforts
of the Greater Denton Arts Council to obtain the financial gifts
needed in order to transform the Campus Theater into a premier
community playhouse and performing arts center.
SECTION II That this resolution shall become effective
immediately upon its passage and approval.
1993. PASSED AND APFROVED this the day of
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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J:\WPDOCS\RESO\HYDRO.RES
Agenda No /
Ayendaltem 1~..~.__
Date -
RESOLUTION NO. GJ
A RESOLUTION REGARDING THE SUPPORT OF THE TEXAS HYDROFEST; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton supports sound economic growth and
events which enhance and promote economic activity; and
WHEREAS, the Texas Hydrofest will appear on the national cable
network ESPN and will be seen by nine million people in 21
countries, allowing for tremendous opportunities to promote Denton
and increase the city's tax base; and
WHEREAS, the Texas Hydrofest hotel headquarters will be
located in Denton; and EREAS, eventFwill have a significantlpositive pecowith this nomic impacts on of
the City
of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
fest an h pees hat That the City of Denton its citizen will assist the supports asteering
committee in order to help facilitate a positive outcome to this
important event.
SECTION II That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
1993. ,
BOH CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
1
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, C17-Y ATTORNEY
Ir BY: 11 } 1'
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Agendallen
(ate
TEXAS HYDROFE T Steering Committee
March 18, 1993
Honorable Bob Castleberry
City of Denton
215 E. McKinney Street
Denton, TX 76201
Dear Mayor Castleberry and Council Members,
On behalf of the Steering Committee is would like to make you
aware of Denton County being the site of a new and exciting went
during the Memorial Day weekend. If you have not already heard,
Lewisville will be the host site for the Texas Hydrofest, May 28,
29, and 30.
event This will be r season opener
Cola Unlimited Hydroplane Series and will berbrthe 10 oadcasted y on 9ESPN
This festival is expected to garner up to $15 million for our local
community.
A professional events production company is planning the
festivities. Our goal is to spotlight the entire County during
this three day event.
Lake Park in Lewisville will be the race site. We are
enclosing a fact sheet along with a map of the location. Please
feel free to distribute this information as you deem appropriate.
We would greatly appreciate your help in passing a resolution
from your council supporting this event. We have enclosed a few
sample resolutions for your convenience. Due to time constraints,
please fax this to Jeff Carey at Denton County Commissioner Prct.
11 817-382-0845.
In addition, we would like to make a short presentation to
your council at your earliest convenience, please contact Jeff
Carey (8.7) 565-8651 or Becky Kerbow (214) 221-2773.
Thank you for your consideration and your support in making
this event a hugh success for Denton County.
Sincerely, 1
Jeff Carey Becky Kerbow
Co-Chair, Gov Relations Co-Chair, Gov. Relations
Texas Hydrofest Texas Hydrofest
1
Texas Hydrofes# Site Map
Lake Lewisville & Lake Lewisville Park wA the
Lewisville, Texas Navigable Passage
• BODY Line
Race Coursa
Lewisville
I aka
Park pam
Fasuval Area
Pit
Support
Vehicles
"Hot PiI*
Area
Radio
Control \Ak VIP Grandsland
Hydroplanes
' . litesryle Pavilwn Area
Pubic Vowing Areas It .r 1ud~erm
s'
PlA
■ \
Helix tar aed
°a lv
Emerpa xy EMMae
Crew Dak \ \,l ` ~
VIP Public View
Areas
4 + Hospitality
CH en's Pavilion
Area4
S ~yee / Pavo/ion lj yrW9d t ll~ W
Promenade U1
• Camping Grounds'
Sound Stage
(Natural Amphilheave)
Entrance dye i'aM4 lruud~ne fioad
AQ!mda No f 3 D -
Agendaltem X
WHAT
~ Rld!,Ir ttlrpe-ttdV t':ltert,llnmt'nt,lnd ,IUII,t !e•!11',11 iBR tt rill ;1 r,11:11ii the IUU>, ~P'i G,i ll of'ener oI tfli'
lnteMMlonai Cimmhlnnsiup Iivdmplale 3.au i l,-t2pries,
L_l~,~lifeI'e\,Ls_Uwilts nooliolI-.-);E1
Menlenal E>,1Y lVeekerkl • %1,11 %'18, v,.y), 1993,
WHO
Unl rollted Hydroplane fZacing Commission and \ to in E e'en is In ternaticnal, a professional sNc<ial event
planning and Production companv, Sneaky Pete's Restaurants and other sponsors, tourists, racin5
enthusiasts and families throughout the Dallas! Fort 1Vor1h yletroplex and Denton Crnulty,
OVERVIEW
Texas Hvdrofest will be the opening event to one of'0Annual races held around thecountry. T'hese~t-
turbinepowered Hydroplanes are the fastest racing boats in the world at speeds of over 200mph These
boats generate national media attention whenever they run, A major aqua festival abnospherecompletes
the fesdctities with onstage and stro Jirtg entertainment, exhibitors of art, lifestyle and corsumer infonna lion,
and delicious food Also featured are exhibitions and competitions involving Tunnel Boats, water skiing, jet
skiing, saitb, sting M radocontroi model Hydroplanes.
Texas Hydrofestwillbefilmedandbroadcast nationadY twowe.kslateronESPN'sscheduled onehour
Unlimited Hydioplane series. This new race course has the potential for setting new world- speed
records
F,JUAl. MAY 2(3--Official Press Preview Dav. Texas Hvdrofest will also be open free of 0arge for the.
general public to watch the race teams test their Hydroplanes. Attendance by local chanties and school
L organized field trips are encouraged.
S^TtRO^Y, SL+Y29--The exciting time trials beg¢,, The top three qualifiers of the day will compete in a
5hootOut"dash for cash-winner taikes all! A J50 featured on Saturday theexdting Professional Tunnel
Boat Championship race (Tunnel Boats are smaller versions of the Hydrop;anes)
SMAY, MAY30- On Final Race Day the Unlimited Hydroplanes compete in a showdown for the big
prize money. The competition and excitement l udds throughout the day as boats are eliminated until
the final qualifiers duel for the title of Texas Hydrofest Champion.
Beer, wine and soft a,ink sales 16111 be provided by the festival. Food service has been carefully selected
to ensure a variety of yualitycvisine isavailable. In support of these concessionaires no coolers, food or
beverages will be permited into the festival site.
TICKET SALES
Advance ticket sales wW beavailableat multiplelocations and at the festival site. Advance buyers will
have first option to purchase close-in parking passes Adult ticket prces are $10 00 or$15.00 for a two-
day pass. Senior dtizens over 65 and children 12 and under receive a 50% discount off the ticket price.
Children six and under are free.
I
■-.>lu_ L■ ■ a s~e'■~ ~7-N
`~aak,J pc ■ ■ r t ■ ~ ■ ~ Q
entleNo _ vThe Fastest Racing Boats in the jYorlr!
~ ~ °-[sn~z ~g
Agenda l1eq, 15
Memorial Day Weekend
May 28, 29, 30, 1993
ll j L9'MsOle Lake -Lewisti'ille, Texas
Fill
t
I In
The R.C.
COLA UNLIbttTEU HYDROPLA,%17 SERIES
_ America's premiere racing
~ of s ~
capab? event on water featuring the fastest racing boats in the ,vorid -jet. bneHycroplznes
peeds in excess of 200mph, On j4(emorial Day Weekend. Texas H
aqua fe'tival providing fun for the entire famil . 5'~ofest begins the 10 city tour vrith a major
Y Texas Hydrofest will be nationally televised on ESPN.
AITI CTED LAyE AREAS
The only areas of Lewisville Lake that will
the water cou be dosed to the i t, and
rse area, The race course will be occupy public are Lewtsvilie Lake Park alon w' th the two darn, Ample passage will exist for pleasure boats to pass by the race site
at standard distance for safety, Pleau~rebc a(t owners may
Y py a minimal amount of she lie area located between re craft Lpne Partk and the
p su aqua p,. k passes that will enable them to anchor along the race course for S IO a foot at a minimum of 20 feet. A no wake
zoneuch surrounding race course "ill be strictly enforced.
PARKING
Pariking will be managed and orchestrated utilizing areas •,vithin Lewisville Lake Park as weft as remote parking in relative proximity
the lake. Shuttle buses will operate as transport, to and from remote parking areas, (off Mi11s and Lake Road)
to
FOOD & BEVERAGES
Bur, wine and soft drinks will be provided by the fesdvat. Food service has been carefully ~eic[ed to ensue a variety ofquality cuisine
is avylable. In support of these concessionaires no coolers, food or beverages will be permitted into the fesuval site,
TF.xAS HYDROFEST FEATURES & FESTIVITIES
-Pro TunneEboat World Championship Races Water Ski Exhibitions
-Pro cn e oat %VorJd Entertainment Ft Activity Area Water *Condnious h• Exhibitions
cn •Jct Ski Exhibiti~
Beer Carden -Exhibitors of Art 60M Ph RaG71-Con trot 'dodel Hydropliara Racing ns fcstyte & Consumer Exhibitors
y _ntcrtainmcnt •Dcticious Foot!
ADMISSION LAKE PARK
ANNUAL PA5SE5 N07 VALID FOR TII15 EVF_NT
Friday, May 28
watch the ofest wilt be
Texas Hvtlrotest will be OPopen free of charge for the general puhtic tow ;oh the race drivers test their Hydropiantrs and to
Fiats.
Saturday, may 29 & Sunday, May 30
Adults: $10 two-day Pass: $1S
Chidlren 12 & under and senior Citizens over 65: ss
Children 6 3 under: Free
FOR ADDITICiIAL INFORMATION: PARKS AND LEISURE CITY OF LEWtSVILLE(2i4) 219.3550
CHAMBER OFCOMMERCE(214) 436.5571
FOR AQUA PARK APPLICATION ANDTICKET INFORMATION SPONSORSHIP OppORTUNITiES:
TEXAS ITYDROFESTNAINEVENTS rrERNATIONAL(8i7)d70.1881
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Agendaltem__._.. ~fZ~
:tESOLUTICN IN SUPPORT OF PROC°=INGS 3ETORE TEE
HYDROPLANE BOAT RACE COHHISSIONERS COURT,
ON UXORIAL DAY WEEKEND DENTON COUNTY, TEXAS
JANUARY S, 1993
I~
The Commissioners Court of Denton County, meeting in special
session on January 5, 1993 among other things considered the
following resolution;
WIMP- AB, Denton county supports sound economic growth and
events which a;thance and promote economic activity, and
WEEA ASP the Texas Hydrofest hydroplane race will appear on
ESPN, thus giving national exposure to Denton County, allowing for
tremendous opportunities to promote our county and increase Denton
County's tax base, and
I
WKEREAB, Main Events International has successfully held the
hydroplane race for many years in such cities as Miami, Kansas
City, and Seattle on a continuing basis, and
WNZAEAB, a long term relationship with this type of special
event will have a significant positive economic impact on every
commun±,ty in Denton County,
NOW TURETORE an IT RESOLVED, that the Denton County
commissioners court:
Section 1: supports the efforts of Main Events International
in bringing the Texas Hydrofest hydroplane boat race to Lake
Lewisville, and
Section 2: that Denton County will work with lake communities
to help facilitate a positive outcome to this important event in
our county
- iii iii
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CITY COUNCIL REPORT QIN--~~~
TOs Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: April 6, 1993
SUBJECT: Street Closing Request for the Day of the cougar at
Calhoun Junior High on Friday, May 141 1993
' - RECOMMENDATIONi
To temporarily close Congress Street, from Denton
Street, on Friday, May 14, from 12:00 noon to 4r30treet to Alice
annual cougar Day event at Calhoun Junior High School. m' for the
SUMMARYi
The annual Cougar Day fundraising event at Calhoun Junior ffigh
School is scheduled for Friday, May 14. The group has requested
that the street be closed to provide adequate space and safety for
those in attendance.
The only property owner affected by this closure is the DISD who
owns all abutting property on Congress, between Denton and Alice ,
Streetu. The attached petition bears the signature of the
Principal of Calhoun Junior High.
Both the Police Chief and Fire Chief have been advised of this
event and have no safety concerns with this temporary street
closure.
Please advise if I can provide additional Information.
RESPEC FULLY SUBMITTED
L1 y V. Harrell
City Manager
Prepared by: i
Clam Catherine E. Tuck
Administrative Assistant
r
ciwpdocs\reso\congres.r ~And2No
RESOLUTION NO.
1
i
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE ,
STREET AND DENTON STREET ON FRIDAY, MAY 14, 1993; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Judy Thomas, representing the Calhoun Junior High 1
School Parent Teachers Association, is requesting that Congress
Street, from its intersection with Denton Street to its intersec-
tion with Alice Street, a public street within the corporate limits
of the City of Denton, Texas, be temporarily closed to public
vehicular traffic between the hours of 12100 noon to 4:30 p.. on
May 14, 1993, for the purpose of having the annual cougar mDays
fundraising event; and
WHEREAS, Judy Thomas, representing the Calhoun Junior High
School Parent Teachers Association, has assured the City that the
property owners in this area have agreed to the temporary closing
of this road; and
WHEREAS, all property bordering Congress Street between the
intersection of Alice Street and Denton Street is the property of
the Denton Independent School District; and
WHEREAS, the Day of the Cougar fundraising event is open to the
general public of the City and County of Dentonj and
WHEREAS, in order to provide adequate space for the said fund-
raising event and in order to protect the safety of citizens who
attend, the City Council of the City of Denton deems it is
necessary to temporarily close a portion of Congress Street between
Alice Street and Denton Street from the hours of 12:00 noon until
4:30 p.m. on Friday, May 14, 1993; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTIex t. That Congress Street, from its intersection with
Denton Street to its intersection with Alice Street, a public
street within the corporate limits of the City of Denton, Texas, be
temporarily closed to vehicular traffic from the hours of 12:00
noon to 4130 p.m. on May 14, 1993, for the purpose of having the
Cougar Days fundraising event.
SECTION II, That the City Manager shall direct the appropriate
city Tepartment to erect barricades on Congress Street from the
intersection of Denton Street to its intersection with Alice
Street, at 12100 noon and to have the same removed at 4:30 p.m. on
said date.
Agendalle:R_
l
SECTION III. That this resolution shall become effective
immediately upon its Passage and*approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
j JENNIFER WALTERS, CITY SECRETARY
BY$ _
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
_
BY: L&
PAGE 2
Agenda No
Agenda
REQUEST FdR STREET CLOSif.712F.'-~-'~~~ i!
Organization Requesting Street Closurei__ R~!u~ ~lti)fh~'ICC~
Contact Person t -4
Address:. a) -
Phone Number:- rL'~~ (a l'
--~I Street To Be Closedc !r
Date and Time To Be Closed: p r
Intersecting Streets:
Reason For Closure: _j~~~L ~~llf;M~ ~f 1 ~1J~1ukt/
Please complete the lower portion of this form. ALL property owners and/or
tenants affected by the street closure MUST be contactee and must sign below with
an indication of being in favor or in opposition to the street closure.
Name of Property Owner/ Address Authorized Favor/
/Tenant
of Pro rt Sf nature Oppose
i
2.
3.
4.
5.
6.
7.
i
8.
9. ~
10.
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Higher Education Servicing Corporatiodl* L
201 E. Abram. Suite 800 cr(t qc
Arliniton, Tew 7601011% (817) 265.9158
X E K 0 A A N 0 U M
T0: Mayor and Council
City of Denton
I PROM: North Texas Nigher Education Authority, Tnc.
DATE: March 29, 1993
SUBJ: Request for Approval for Issuance of Tax-Exempt
Student Loan Revenue Bonds
As you know, the North Texas Higher Education Authority,
Inc. (NTHEA) is required by law to obtain approval from its
sponsoring cities for issuances of debt to finance its student loan
secondary market program activities. The Authority last came to
you for approval of its $143 million and $90 million issuances of
tax-exempt bonds in March of 1991. You may recall that all but $50
million of the bonds was used to acquire the assets of the West
Texas Higher Education Authority, Inc. Included in those assets
was approximately $120,, million in unused tax-exempt funds which was
refunded by NTHEA and has been utilized, together with the $50
million in new money bonds, over the past 24 months to acquire
student loans from its participating lenders, '
rn January of 1993, NTHEA applied for and received an
allocation under the state volume cap for $50 million. The
Authority proposes to issue $140 million in bonds made up of $50
million in new money bonds combined with $90 million in refunding
ag~ndaNo __~l ~ l
"J") U
Agendaitam___ A 5
bonds to refund its Series 1991G bonds (the refunded West Te s
bonds) because the credit enhancement, a letter of credit from
Mitsubishi Bank Limited, expires in June, 1993 and will not be
renewed. Mitsubishi Bank has made a policy decision to no longer
participate in student loan bond issues. it is for the issuance of
$140 million in student loan revenue bonds that the Authority seeks
the City's approval.
The attached summary will provide you with details of the
Authority's financing activities. Also, you may be interested to
know that to date, NTHEA has acquired approximately 166,000 loans
aggregating $460 million, of which approximately 133,000 loans
aggregating $276 million is currently outstanding. The Authority's
default rate of 7.714 is low compared to the national average of
lilt.
As always, the City's support is gratefully acknowledged.
NTHEA is proud to be in the sponsorship of a council who believes
strongly in its stated purpose of providing students access to
financial assistance for higher education.
Should you have any questions or require further
information, please contact:
Kathryn Bryan, Assistant Secretary
North Texas Higher Education Authority, Inc.
201 East Abrata, Suite 600
Arlington, TX 76010.1196
(617) 265.9158
thank you again for your interest and support of the program.
Enclosure
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Agoodaltem__ JJ 14
BORIS TBYAS BIG= BDUCATrOX AMOR17r, rNC. /
FINUCING AC7r"11115
1979-1993
Current
2211 ~B AS Outstsnding Credit
$Ymm 11 Race provld°r
1979 Series A S 10,000,000 New Loan Purchases 1 31600,0000 None
1990 Series a 6,000,000 New Loan Purchases C. None
1907 Series A 11,645,000 Refund Series A6n 24950000•6 AN9AC
1912 Series B 9500000000 New Loan Purchase 0• AMBAC
1943 Series 50,0000000 Now Loan Purchase •0• AMBAC
An
1915 Series A 23,10,00D Refund 19123 -0• AWAC
1967 Series 91,000,000 Refinance Loans 17,750,000 Fuji
1917 Bold Under Line of lank
Credit
1990 Series 50,0001000 Refinance Loans 800000,000 6#1110 Mae
1990 Noll Under Line of
credit
1991 Series 159,5000000 Refinance Nest 15305001000 AMAC/
1991A•1 Texas Debt and Bello Mae
Provide for New
Loon purchases
1991 Series 90,000,000 Refinance Nest 90,000,000 Mitsubishi
19910 Texas Debt
Total Tax-exempt
Financings 9 B11,44~9,600 1 117 7~45~0~00
Taxable Fiasacingai
Current
Outstanding Credit
RAU -mss A9W Pmm 381ance Uoyidar
1916 Line of 1 9000000000 New Loan purchases 60,0000000 Fuji Bank
Credit end to Refinance
Loans Bold Under
series 1913A and
19936
1919 Lina of 100,000,000 SSW Loan purchases 100,000,000 Sallie Mae
Credit i
1190 Line of 50,0000000 Interim Financing •0• Dank One
Credit of Loans for 1990
lands
70tal Taxable 1 i60~00_Dy0U
Finanoiage
• Funds from 1912A are escrowed for payment of these bonds.
Funds escrowed for Payment of Bonds at Maturity
CERTIFICATE OF SECRETARY
7'HE STA'L'E OF TEXAS §
COUNTY OF DENTON §
CITY OF DENTON
certify the theowinugndersigned, City Secretary of the City of Denton, Texas, do hereby
I
1, "On the day of
1993, the City Council
of the City of Denton, Texas, convened In regu nTiE on its'regular meetln'g place
In the City Hall of said City, with the duly constituted members of the City Council
being as follows;
Bob Castleberry Mayor
Mark Chew Councilmember, District 1
Margaret Smith • Counciimcmber, District 2
Harold Perry Councilmember, District 3
lane Hopkins Mayor Pro Tem, District 4
Jack Miller Councllmember, At•Lsrge (1&2)
MUe Brock Councilmember, At•1.4rge (3&4)
and all Counollmombere wort present at said meeting, except the following:
A`mo"rig of er ua Wage cone! ere of, ea Ineetiug, t e ettac 11110 ution, ont,t e :
A RESOLUTION BY THE CITY COUNCIL OF THE
Ci'I'Y OF I}ENTON, TEXAS, RELATING TO THE
NORTH TEXAS 1110HER EDUCATION ISSUANCE OF ODLIGATIU.IS BY THE
APPROVING THE ISSUANCE OF SUCH OBLIGATIONS ANC, ND
M
THE USE OF THE PROCEEDS OF SUC AKING CERTAIN FINDINGS IN CONNECT ON THEREWITH
was introduced and submitted to the Council for approvr,l and passage. After
presentation and due consideration of the resolution, and upon a motion by
, the resolution was
uY Pas1e alndradopte ~bycthe City Council, to e e ectve m
medlately, by the
following vote,,
voted "For" voted "Against" abstained
308'!26 t
Ao6ndal}@^.t~
afi stated in thu offIclal Minutes of the
aforesaid dale." City Council for the meeting held on the
2. The attached resolution is a true and correct copy of the original
resolution on his In the official records of the City of Denton, The duly qualified and
acting members of the City Council of the City of Denton, oil the data of the aforesaid
Council mooting are those poraona above named, and according to the records of my
office, each member of the City Council was given advance notice of the time, place and
ppurpposs of the meeting, and that sold meeting and deliberation of the aforesaid public
Luslness was open to the public, and written notice of said meeting, including the
eubjoct of the entitled resolution, was pposted and given In advance thereof, to
compliance with the provisions of Article 6252.17, Section 8A, V,A.T,C.S,
IN WITNESS THEREOF, I have hereunto signed my name officially and
afriaed the seal of said City, this the day of
1993,
i
_
City Socreta'ry
City of Denton, Texas
(Cit)r Seel)
C
3sA~2a ~
v
RESOLUTION NO,
A RESOLUTION BY THE, CITY COUNCIL OF THE CITY
OF I %NTON, TEXAS, RELATING TO THR ISSUANCE
OF OBLIGATIONS BY THE NORTH TEXAS HIGHER
EDUCATION AUTHORITY, INC.; APPROVING THE ~
ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF
THE PROUeEUS OF SUCH OBLIGATIONS, AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the North Texas Higher Education Authority, Inc. ('Authority") wu
established ad a non-profit corporation, pursuant to the Texas Non-Profit
Corporation Act, for the purpose of furthering educational opportunities
of students by providing funds for the acquisition of student loans; and
WHEREAS, the Authority has proceeded In the development of a plan of doing
business and has Issued student loan revenue bonds for the aforesaid
purposes, and additional funds are needed to continue the program, and
it is now apppropriate for this governing body to approve the Issuance of
additional bonde for such purpose; and
WHEREAS, pursuant to Section 147(0 of the Internal Revenua Code of 1986, as
amended ('Code"), a public hearing was conducted on March 23,1993o at
10,00 o'clock am., following reasonable public notice, with respect to the
Issuance of student loan revenue bonds by the Authority for which the
Authority received a private activity allocation from the State (the "New
T'ax•Exenipt Bonds"); and
i
WHEREAS, certified minutes or the proceedings from said hearing have been
submitted to the City of Denton ('City"); and
WHEREAS, in order to satisfy requirements of the Code, it to necessary for City,
following the holding of public hearings, to approve the issuance of the
New Tax-Exempt Bonds; and
WHEREAS, In order to entlsfy requiramanta of the Texas Education Code, it is
necessary for City to approve the issuance of all bonds or other
obligations of the Authority whether or not they require approval under
the Code;
NOW THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS:
1
106726
i
I
f9,iR-31 -'3? IAELL l 1 :37 HIGI/ER EDLJC: TIUfI .ER4.,
Awdallem/ k
1
That the City Council of the City of Denton, Texas, hereby grants its
npproval to the North Texas Higher Education Authority, Inc. to issue and deliver i
student loan revenue bonds, notes or other obligations, In one or more series in an
aggregate principal amount not to exceed $140,000,000, for the purposes of obtaining
funds to purchase student or parent loan notes which are guaranteed under the Higher
Education Act of 1968, as amended; refunding outatandIngobligations of the Authority;
and setting aside the smount the Authority determines is necessary for a reserve and
for operating coats and paying the coat of issuing such obligations in accordance with
the laws of the State of Texas, including Chapter 53, Texas Education Code, art. 717k,
Vernmi'e Civ. Stat, Ann., and if applicable, Section 144 of the Code,
I~ II.
Further, the Mayor and City Secretary of the City of Denton are hereby
f authorized and directed to execute the Approval Certificate, a copy of which is attached
hereto and incorporated herein as Exhibit "A", and to deliver certified copies of this
i resolution and the Approval Certificate to the Authority.
Ill. 1
The City of Dento" requests that the Authority exercise the powers
enumerated and provided for in Section 58,47, Texas Education Code, as amended, and
that such non-profit corporation shall, in this connection, exercise such powers for and
on behalf V the City of Denton and the State of Texas, as contemplated by
Section 63.47(ti), Texas Education Code, as amended,
IVI
The City of Denton dose not agree to assume any responsibility In
connection with the administration of the Authority's student loan program. Sole
responsibility for the administration of the Authority's student loan program is
assumed by the Authority.
V.
Further, it to recognized by the Cityof Denton that the instruments which
authorizo the issuance of bonds, notes, or obligations by the Authority will specifically
state that the City of Denton Is not obligated to pay the principal of or Interest on the
bonds, notes, or obligations proposed to be Issued by the Authority. Nothing in this
resolution shall be construed as an indicatlon by the City of Denton that it will pay or
provide for the payment of &I obligations of the said Authority whether theretofore
or hereafter incurred; and in is connection, attention Is called to the Constitution of
the State of Texas, wherein it to provided that a city may Incur no indebtedness without
having made provisions for its payment, and the City Council of the City of Denton
hereby specifically refuses to set aside any present or Nture lbnde, assets or money for
thu payment of any lndebtednoee or obligation of the Authority.
•2•
Sp-
e n d a No
Ail
Agenda
ltem__!„~
VI,
It Is hereby officially found and determined that the meeting at which this 1
resoiution is passed is open to the public, as required by law, and that public ljotice of
the tits, place and purpose of said meeting was posted, as required by law,
I
VII.
provided by laws resolution shall become effective from and after its passage as
PRESENTED AND PASSED on this the day of
1993, by a vote of _
ayes and Hoye at a regu ariaa'oting of t~»`eLtiyLo~un,
eii
of the City of Aenton,"'1'exae,
Mayor
ATTEST:
City Socre
APPROVED AS TO FORM;
_ , City Attorney
lfr6726
AgendaNo
Agenda
itan~J~~pp~..
EXXr$iA
APPROVAL CERTIFICATE
I. , am the duly elected Mayor of the City of
Denton, Texas t e 'blty"), an as euch am the applicable elected representative of the
City pursuant to 6147(0(2)(B) of the Internal Revenue Code of 1986, as amended, On
March P3, 1998, a public hearing was conducted regarding the issuance of bonds by the
North 1 axes Iligher Education Authority, Ina (the "Bonds") and the utilization of
substantially all the proceeds of such Bonds for the purposes of (1) purchaslr ►tudent
loan notes, (2) setting aside certain funds for the payment and socurity of Lho Bonds,
and (8) paying certain expenses In connection with Issuance of the Bonds, as provided
and limited by the Internal Revenue Code of 1988, as amended, and the 'T'exas
Education Code, as amended. Student Loan notes are notes executed by students (or
parents of students) who are residents of the State of Texas or who have been admitted
to an "scoredited Institution" In the State of Texas (se defined In the Texas Eduction
Code). A copy of the report of such hearing Is attached hereto as Schedule I.
As the applicable elected representative of the Clty, I hereby specifically
approve the Bonds described above and the use of the proceeds of such Bonds for the
purposes stated above.
SIGNED AND SEALED this day of, 1993.
Mayor, City of Denton, Texas
(SEAL)
AT9'1 STo
CitygacroWy, City of Denton, Texas
109726
agonda ~tert~_!~~s
SCHEDI
CERTIFICATE
1, the undersigned am an authori2ed reresentative of the Texas
Higher Education Authority, Inc,. (the "Issuer') duly appointed by such Isueroto conduct
a public hearing (the "Hearing") at 10:00 o'clock a.m. on March 23, 1993, and do certify
as follows:
1. On behalf of the Issuer, I conducted the Hearing in the offices of
the Higher Education Servicing Corporation located as 201 E. Abram, Suits 900,
Arlington, Texas. The Hearing concerned the issuance of student loan revenue bonds
of the Issuer.
2. A true, full and correct copy of the minutes of the Hearing is
attached liersto.
3. On March y, 1993, pubtie notice of the Hearing was published in a
newspaper of general circulation in, and published In, the City of Arlington, Texas. On
March 9, 1993, public notice of the hearing was published In a newspaper of general
circulation in, and published in, the City of Denton, Texas. Attached hereto following
the minutes of the Hearlug are affidavlts of publication relating to sa'd public notices,
SIGNED this 23rd day of March 1903.
N=0-
Title: _ As.aieeanC QesrCQ aey~~~
f
~ 1ii6610
I
h
Agenda No
Adendalte~~ ~ ~ D
MINUTES OF THE HEARING OF
MARCH 23, 1993
The public hearing for the purpose of hearing from interested members
of the public concerning the proposed issuance of obligations by North Texas Higher
Education Authority, Inc. (the "Bonds') and the utilization of substantially all the
proceeds of the Bonds by the North Texas Higher Education Authority, Inc, for the
purposes of (1) purchasing student loan notes, (2) setting aside certain funds for the
payment and security of the Bonds, and (3) paying certain expenees in connection with
issuance of the Bonds, as provided and limits by the internal Revenue Code of 1966,
as amended, and the Texas Education Code, as amended, was opened at 10,00 o'clock
a.m.
i
The undersigned requested all persons who desired to speak either for or
against the Issuance of the obligations to so indicate by raising their hands. The
following persons present at the hearing so Indicated-.
- None
Following such comments, the undersigned then announced that the
hearing was closed.
Namre:._, x sax AN
ary„_,
Title: Assist-
106010
COUNOII
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J1\WPD0CS\RE50\P0STP0N.RES
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RESOLUTION NO.
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 20,
1993 TO APRIL 27, 1993; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regular Council meeting of the City of Denton
scheduled for April 20, 1993 is hereby postponed to April 27, 1993;
NOW, THEREFORE,
I
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the regular Council meeting to be held on
April 20, 1993 be postponed until April 27, 1993.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I
BY:
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COUN
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UPPER
a',SO TRINITY MAR 1 1993
Regional {t'atur I)Wr'i^'
y CITY L. DEMON
CITY MA^fAG H5 FFI..,
March 9, 1993 0/
Mr. Lloyd Harrell
City Manager
City of Denton
215 E McKinney / Y/
Denton Tx 76201 Q
RE: Expiration of Board R natives Term
Dear Mr. Harrell:
Representatives on the Board of Directors of Upper Trinity Regional Water
District are appointed fora 4-year term. sane of the initial appointments were
an exception in order to implement staggered terms. Currently, Mr. F.E. Nelson
represents City of Denton on the Board. His term expires May 31, 3993.
The purpose of this letter is to request that your governing body make its
appointment and to give us notioe by May 1 of the appointment. Your present
representative is eligible to be reappointed. If the roverning body desires to
make a new appointment, there are certain qualifications. The candidate:
(a) must be a resident of the District,
(b) can not be an elected official, and
(c) must be a registered voter.
And very importantly, the person must be able to attend Board meetings and
Colmtittee meetings on a regular basis. Board meetings typically are held on the
afternoon of the first Thursday of each month.
If you have any questions, please call me. I look forward to you reply by
May 1, 1993.
Sinoerely,
Thomas E. Taylor
Executive Director
TET/nt
C., R.E. Nelson, Board Representative
t~\..twerd\ttrm\may03.ltr
P.O. Drawer 305 0 Lewisville, Texas 75067 • 214.219-1228
i
lXX
CYM
COUNCIL
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Board and Commission Members
Addressea and Phone Numbers
HUMAN SERVICES COMMITTEE
1992-1993
oriaindl Present
Place Member Home kddrese Telephone rg2'.Itntnrent --UCM
1 Catherine Hell 612 Park Lane, 76205 382-9360 (F) 382-9313 (0) 1993 1991-93
2 Carol Riddlesperger 1908 Panhandle 382-8757 (H) 382-0609 (0) 1991 1991-93
3 Gary Truitt Denton Probation Office 566-7907 (H) 898-5810 (0) 1987 1991-93
PO Box 1309, 76202
I
4 Lawrence Cochran 427 S. Bradshaw 387-7251 (H) 1992 1992-94
►5 Dorothy Damico 1801 Panhandle 382-3327 (H) 383-1509 (0) 1986 1991-93
6 Linda Holloway 2226 Burning Tree, 76201 387-6580 (H) 565-3629 (0) 1989 1991-93
7 Al Bar.stis 1995 Colorado Blvd, Apt. E 383-1133 (H) 1991 1991-93
B Sandy Kristofersen 5 Highvlew Cir., 76205 565-9801 (H) 382-6757 (0) 1989 1992-94
9 VACANT 1991-93
10 Jim Bezdek 1807 C,)ncord Lane, 76205 382-9349 (H) 565-2951 (0) 1988 1992-94
11 Terry Garrett 902 Vine Street, /15 387-6584 (H) 566-1912 (0) 1990 1992-94
Staff Liaison - Barbara Ross
Chair
Members appointed for 2 year terms
ACCOOOOa
Rev. 03-16-93 t"A
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T T ~T T
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BOARD APcrrr or DaNroN
rNpO b9enddlteRl iCJ 5 ~
POrxrXnr
RXArroN
Kerri-Eurnsidc
1421 Briarwood
898-0870
ADDRESS
Denton PHONE No.
TX 76201-3558
CITr STATE
U•S. Postal Service ZIP CODE
NAME OF EMPLOYER
_ 501 ~ DPnton Dr
ADDRESS OF EMPLOYER ~8-- 1-- `422o
Lake Dallas PxoxE NO.
TX
75065-9998
crrr
STATE ZIP CODE
~ nn~a-1 clerk
OCCUPATION
HAVE YOU PRIOR SERVICE ON A CITY BOARDt
no
rF YES, PLEASE DESCRIBEi
NAME OF CITYi
WOULD YOU HAVE A CONFLICT OF INrEREST ON ANY BOARD! maybe?
Ir YES, PLEASE DESCRIBEI My brother lives at the Herita a Oaks
_ Apartments,
ON WNIC!! BOARD DO YOU WZSH TO SERVSt C,Traffie DHA Hum n C r~ i 1h
STATEMENT Or APPLICANrrl am interested in hel in im rove ua11t of life
and feel that serving on these boards arrive me that opportunity,
.June 2, 1992
Sara
drONATUAd Or APPLrcAxr
$.QAAD XEXBEA ATTEND a sn
it 1e the policy of the City of Denton city Council that Members of the various
city Boards And Commissions be removed from office for lock of Attendants at the
various meetings of the Boards and Commission. Members may be removed on the
following basin
l • Bl.Qltlar Xatinoa,
- Board Members may be removed from office for three
uMxcuad abesnces during the course of one year end/or Zack of attendance
at 301 of the number of regular meetings in the year.
deecial called Xu lnos Board Members may be removea' from office for
lack of Attendants at SO1 of the number of Special Called Meetings In one
year,
An ur,escused absence is defined AS an absence for vhich no advanced notification
is given and/or as determined by the chairman of the affected Board or
Commission.
orrrcF USE ox....
rERx or ArrorrvrXSrvre -
rMra APPtrcerON MUar BE PAS,~NrED to THE CocxcrL MEMBERRS iN axacarrVS SESSION,
AND No ACTION WILL 89 Il UNrrL THa SECOND MSETINQ rOLLOWIND rHd PASSENTATION,
CITY of DExroN AgondeNo .__.~L2.:
BOARD APPOINTMENT rNTOAMATrON AgendaItem,•_t~~
NAME
e, ADDRESS r'1 PHONE NO.
~ i rY s l ti~
CIrr STATE IrP CODE
NAOF EYP\LOk'ER
i DR£ S of E LO~~ffgg n NO E N0. A
42
rr ~~~77 C~ ~frATE IrP CODE
L~-eX J~x ~4Q1I z `
occUFArION 11
HAVE YOU PAIOA SERVICE ON A CITY BOARD? _ ~-Orrs~~dU ~(V.J
If YES, PLEASE DESCAISEI
NAME Of Crrri
WOULD YOU HAVE A CONFLICT OF INTEREST ON ANY BOARD? h--e-)
If YES, PLEASE DESCAIDEt
ON WHICH BOARD DO YOU WIS TO SERVE? ✓ PVLICO S
r
~SSTATEMENT Of APPLICANTi
k MLi.l.p•-Y., 4~ h
DATE L°'+' NATURE Of APP C T
EA ATTENDANCE POLICY
It is the policy of the City of Denton City Council that members of the various
City Boards and Commissions be removed from ofllce for lack of attendance at the
various meetings of the Boards and C..-ission. Members may be removed on the
following basis$
1. Secular, Meatinos. Board Members may be removed from office for three
unercusad absences during the course of one year and/or lack of attendance
at SDI of the number of regular meetings In the year.
1. Bascial Called Meatinos, Board Membera may be removed from office for
lack of attendance at 501 of the number of Special Called Meetings In one
year.
An unercusad absence Is defined as an absence for which no advanced notification
It given and/or as determined by the Chairman of the affected Board or
Commission.
-
orrrcS USE oxcrr
TEAM Of APPOINTMENT#
BEOINNINO SNDINQ
THIS APPLICATION MUST aE PASSENTED To THE COUNCIL MSMBEAS IN SxrCUrZVS SESSION,
AND No ACTION WILL AS rAJ(CN UNTIL THE SECOND MrrTINO IOLLOWINO rxS PRESENTATION.
CITY Of DBxroH
BOARD APPOINTNBNr rBroANATION aQendB No Agenda *L--/L4L
NAME ;
V ~
ADDRESS _
~10 .7 PHONE N0. _ ~
crrY
li r STATE Tz ZIP CODE 7
L Z
NAME OF EMPLOYER
'/r 6 SfUCdr, ~L;6
ADDRESS OF EMPLOYER y - ZC S~
«r~yHyi L"f SCf1lU/D PHONE N0.
CITY SrAlE
ZIP CODE
I
OCCUPATION
HAVE YOU PRIOR SERVICE ON A CITY BOARDP
i
IF YES, PLEASE DESCAIBr,
NAME OF CIrYr
WOULD YOU HAVE A CONFLICT OF INTEREST ON ANY sOARDp ~G
IF YES, PLEASE DESCAMs
ON WHICH BOARD DO YOU WISH TO SEAVBT eor (GA
~/_GLLd~Gn
srATENE'Nr or APPLICANrt
OATS SZONATUAS OF APPLICANT
B__NENBEA ATr~D_ v r en......
It is the poli.y of the City -f Denton City Council that Nembere of the various
City Boards and Commissions be removed from office for lack of attendance at the
various meetings of the Boards and Commission. Members may be removed on the
follovinp basis#
dlastlar xeee~ ei,
----bo*nC Board Members may be removed from office for thra•
une:cused absences during the Courts of one year and/or lick of attendance
At SO% 01 the number of regular meetings in the year.
2. Ara
Lack of attendan^ Board Xembers may be removed from office for
year.
e at !01 0l the number of special Called Meetings to one
An unozcuaed absence is defined as an absence for which no advanced notification
is given and/or as datermined by the Chairman of the affected Board or
Commission,
OFFICt Usd ONLrf
rfAN OF APPOINTXI}!ri
THIS APPLICATION MUST as PASSAwrEO TO rNB COUNCIL N"AgAS IN SXSCVTIVB BISSZON,
AND NO ACTION WILL BB TAAYN UNTIL rNB stcomo NEBrfNO JOLLONZNQ MR PASSMAT10N.
crrr of DExrox
BOARD APPOIxrNaxT INrop-a rIOX Apondailerr~ L'.~ /G
i
ADORE S
jjj~~~yyy 3.. dtr 3~`P PHONE NO.
M J) STATE ZIP CODE
Z o s!
NAME OF EMPLOYER
ADDRESS OF EMPLOYER
I PRONE N0. '
CITY
STATE
I I~ ~--0r•-~ C.L~ ~ ZIP CODE
occuPArrox 5..~~ ~ P
HAVE YOU PRIOR SERVICE ON A crrY BoARO^Pi:I tir m ^ ItcL~~.,
L_.3!
IF YES, PLEASE DESCRIBEi
NAME OF CITYi
WOULD YOU HAVE A CONFLICT Of INTEREST Ox Amy BOARD?
IF YES, PLEASE DESCRIBEr
ON WHICH BOARD Do YOU WISM To SERVa1
jziblll
1r
ATEMEXT OF APFLICANri
IfAU
okra
r5 5.L
SIr+NArUAX of APPLICAMr
It Is the policy of the City of Denton City Council that Members of the City Boards and Commissions be various '-100t"98 of the BoardsrAndv Commission.
cMemberscmay be r movedvonithe
following baslai
Aaaula____ r Nsat. Board Members may b• removed from office for three
unercused absences during the course of one year and/or lack of attendance
at 301 of the number of regular meetings in the year,
Special G11ed Xut1„n■
lack o1` `CC~nQ(ce at 1 oBoar umber of peclal removed Q from office for
year.
An une%cused absence Is defined as an absence for vhich no advanced notification
is given and/or as determined by the chairman of the affected Board or
Commission.
r
OFFICE USa ONLY -
........raAM 01'
APPOtxrMEnz#
rxlS APPLICATION Mnar J8 P SSCXfaD ro rx Or
I covNCrt MINSSAS IN axacaTlva sasBtax,
AND xo ACrlox WILL it rAxEx OWrlL rMS S=ND Maarlxo fOLLOWZXO rNa PRSSaxrAYZON.
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BOARD APPOrMur rxroAaATroAffidANO
Dr. Linda ?Monaco apeoddltyn__ ~~/'P/l.
NAM
412 Bowlii,J GrtVn
387-79a6
ADDRESS
enton
PHONE N0.
D
r n Texas 76201
cz7r SrArf
Ponder Iridependent Scnool District ZIP coD£
-
NAME Of EMPZOY£A
501 Shafner Street
817-479-2300
ADDRESS Of EMPLOYEA
259N0.
Ponder Texas 6PHONE
crrr 7625
STATE ZZP CODE
Elementary Scrw of Principal
OCCUPAYZON _
HAVE rou PAIOA S£AVZC9 ON A crrr Bow r No
{ IF YES, PLEASE DESCAZSEs
NAME Of Clrre
WOULD YOU NAVE A CONFLICT OF IMAM ON ANY SOAADT No
IF YES, PLEASE DESCAISts
T W11ZCN lOAIID Do r00 WtSN rO E Human Services, Library, Cable TV,
STATEMENT OF APPLICANTS s ands ecre n, eau s ica ion, 1v1 ervice
I would be very happy to serve on any board or ad hoc committee
May 28, 1992
DATE (Q SZ ArORt OF APPLICANT
It is t • o icy 0m t~C of Denton City council that If•mbsrs of the vsrlou•
City Ieardi and Curlaelona be removed from office for Jack of attendance at the
various meseings of the Boards and Commission. Members may be removed on the
foJloving basks
J' ltLJ~RJI~ $card Members may be removed from office tar three
unox"eo absences during the couras of one year and/or Jack of attendance
at Sol of the number of regular meetings In the year.
4Q4 Soard Meabers may be removed from office for
lac o aeten of at $01 of the number of Special Called Meetings in one
year,
An unexcused absence 1s defined as an absence for vhlch no advanced notification
1s given and/or as determined by the chairman of the affected Soard or
commission. `
OFFICE 088 ONLYS -
TOM OP APPOMmENrs
rdZ8 APPLICATION MUST At PPAASSIN VID TO rMS COUNCIL 88"J'AS lit MCDTIYS 898srom,
AND NO ACTION vur. as rAm UNTIL TNt SECOND xsorne POLLOvoo rtt PRttENTArION.
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CIrY or DBXTOx
BOARD APPOrxrmr rxroRwxox Agenda No.
NAME r
ADDRESS PHONE NO.
~ ~ N F/LX4 215
CITY SrArr ZZP CODE
YA!!E Of EMPLOYq,
7 -ex ~2 CUB:rr., s ~t"✓~rsir~/
~DG ~ EMPLOYER f 90~ Z.Z.4r-~-r 7X PHONE NO.
Cur SrATE EIP CODE
kip/IQ
OCCUPAZION
HAVE YOU PRIOR SERVICE ON A CIrY BOARD?
IF YES, PLEASE DESCRIBEt
NAME OF CITYr
WOULD YOU HAVE A CONFLICT OF rNTEREST ON ANY BOARD? N V
IF YES, PLEASE DESCRIBEf_
ON ANKH BOARD DO YOU WISH TO SERVEt i/ pi STATEMENT OF APPLICAxr+ ~c
DATE SIONAram OF APPLICANr
BOARD MIMBER ArrsxDANCS POLICY
It Is the galley of the City Of Denton City Council that Hesbers of the varloua
City Boards and Comisalona be rosoved from office for lack of attendance at the
varloua meetings of the Boards and Comisslon. Members ray be removed on the
following basis$
1. Raaulsr Maaeinas. Board MemblrA say be removed from offlee for three
unomemood absences during the course of one year snd/or lack of attendance
at SO{ of the number of regular meetings In the year.
2. ,Ztsclsl Qllad xe*tlnas. Board Msmbers may be removed from office for
tack of attendance at 00% of the number of Special Called Meetings In one
year.
An uneacused absence Is defined ♦s an absence for which no advanced notification
is given and/or as determined by the Chairman of the affected Board or
Commission.
OfflCt UEE ONLY#
TERM of APPOrxrxsxr,
BEOrNNINO XNDIMO
THIS APPLIC"ZON MUST BE PASSENriD To THE COUNCIL MsxstAS IN 8XECUTIV8 SESSION,
AND NO ACrroN HILL 81 TAREN UNTIL rNt SECOND MISrINO MU4VIMO rtt FWWATION.
CZrT OF DENTON AGrd?No.
BOARD APPOZNTME r INFORMATION
f Agenda
~tem
119 -
NAME
Dave lies[ 3824A906 i
' ADD 3908 Atlas PHONE N0.
cirY STATE LIP CODE
Denton Texas 76201
NAME OF EMPLOYER `
Denton County KM 565-1606 ext. 330
ADDRESS OF EMPLOYER PHONE NO.
P.0 Box 2346
CITY STATE 11P CODE
Denton Texas 76202
OCCUPArrox Social Worker
HAVE You PRIOR SEAVZCE ON A CZTY BOARD? NO
If YES, PLEASE DESCRZEEt__
NAME Of CITYt
s _
WOULD YOU NAVE A CONFLZCT of INTEREST ON ANY BOARD? Nom
IF YES, PLEASE DESCAIBEt
ON HNICN BOARD Do YOU vzsm m SERVE? Human Resource Cavaittee
STArsmswr OF APPLrCANT+ I Mish to Be the City Denton through the use
Of my experience in planriing of resource thin city ms~icipalities.
DATE SZONATUAI Of APPZZCAMr
BOARD MEMBIR ATTINDANCI POLICY
It i9 the policy of oh' City of Denton city Council that Members of the various
City BOardt and Commissions be reuaved from office for lack of attendance At the
various meetings of the Boards and Commission. Members may be removed on the
folloving basis#
1. Reeular -dol nod, Board members may be removed from office for three
unescused absences during the course of one year and/or lack of attendance
at 50% of the number of regular meetings in the year.
1. lpltial Called xeee and Board Members may be removed from office for
lock o1 attendance at 501 of the number of Special Called Meetings in one
year.
An unarcused absence is defined as an absence for vhich no advanced notification
is given and/or an determined by the chairman of the affected Board or
Commission.
OlIrCE USE ONLY[
TENT Of APPOZNTNINTt
TNZS APPLICATZON MUST BE PAlmrED ro rNs COUNCIL MEMBIRS IN sucurivs SESSrom,
AND NO ACTZON VZLL DE TAXIN UNTIL THE SECOND MIETZNO r0LLOVZNO THE PASSENTAT10N.
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I!MCOUNCII
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~ s
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~oH Gppp
X17 OG 6(A
A VISION FOR DENTON - M 21S7 CENTURY
OVERVIEW
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During the past year, several organizations perceived a need to
form a consensus about what type of community Denton should become
and unite to achieve this vision rather than letting chance dictate
our future. This desire led to the design of a visioning project
which has been titled "A Vision for Denton - the 21st Century".
As contemplated, this effort would be sponsored and lead by seven
institutions which have their own budget and authority to make
decisions. These institutions would form a partnership committed
to establishing a vision of the Denton of tomorrow, initiating
action that promotes that vision, and implementing plans that will
link vision to action.
Although this effort would be sponsored by Denton's community-wide
institutions, the essence of the project would be broad based
citizen involvement. Believing that the process is at least as
important as the product, great care would be given to involving
the entire community and to ensuring that all elements of Denton
are represented at the leadership and participant levels.
This
aacknowlproedjesects "A
citizens nthefor mselvestshould shape their city. It
is through their actions that a city's soul takes form and then
soars to new heights. This visioning project can enhance Denton's
ability to be a very special place.
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ik
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II
agendaNo
RECOMMENDATIONS - VISIONING PROJECT STEERING COMMITTEE
Jim Alexander, Carl Anderson, Russell Bates, Eultne Brock,
Dick Engle, Pat Gobble, Lloyd Harrell, Dean Kahney, Bettye
Myers, Jack Miller, Linnie McAdams, Jeff Moseley, John
Polster, Gerald Ponder, Victor Prybutok, Margaret Smith
March 4, 1993
In accordance with action taken at January 13, 1993, Steering
Committee meeting, Carl Anderson named a subcommittee consisting of
Carl Anderson, Lloyd Harrell, Dean Kahney, Jack Miller and Bettye
Myers. That subcommittee was charged with the task of developing
the suggested work plan for the project. Thereafter, the
subcommittee met on three different occasions and formulated a work
plan and project recommendations. These were submitted to the full
Steering Committee on February 25, 1993. The plans were amended,
i and the revised project outline is submitted for approval. The
revised recommendations are"as followss
• The purpose of the project is to develop a
vision of Denton for the 21st century and to
formulate a strategy for reaching that vision.
Accordingly, the project should be called "A
Vision for Denton - the 21st Century".
• The following agencies would be invited to
become the sponsors of this community effort:
The City of Denton= the Denton Area Chamber of
Commerce the Denton Independent School
District] Texas Woman's University the
University of North Texas Denton County
United Way; and the Denton Record-Chronicle.
• Each of the sponsoring organizations will be
asked to contribute various goods and services
to the project such ass monetary support,
secretarial support, interne to assist each of
the impact committees, training assistance for
kickoff facilitators and impact committee
chairpersons. Each sponsoring agency will be
asked to agree to assign two "decision makers"
from their institution to serve on a project
cabinet which will meet regularly to guide the
project. In addition, this cabinet will
continue to meet following the completion of
the project in order to monitor the prugress
each agency is making to further the vision
for Denton.
AgenlaNo
Agenda
)}emf~~/i~
RECOMMENDATIONS
Page 2 3 6 f
• The kickoff event should occur in September,
1993, although intense activities to promote
the project need to be occurring until that
date.
• The kickoff event should be approximately four
hours in length and be a general information
gathering event. In addition to generating
information which would be utilized to help
determine the various impact areas, this
session would be designed to get people
excited, explain the purpose of the project
and stimulate attendees to want to become a
part of the effort.
• Some type of outside speakers should be
included in the kickoff event including the
possibilities of a futurist and/or the city
manager of Rock Rill, South Carolina.
• A "Vision Room" should be located where
various impact group could meet and the work
projects could be displayed.
• Impact groups should be charged with
developing strategies for achieving "the
vision" within their areas. In order to
accomplish this goal, the groups should
consider efforts such as public meetings,
J field trips, surveys, focus groups, etc.
• Selectior, of the members for the impa.:t groups
is considered to be a key element for the
success of the project. Special attention
should be given to ensure that the individuals
selected are representative of the community.
Therefore, criteria such as race, age, sex,
length of residency within the community, etc.
should be considered when forming the groups.
The same criteria should be utilized when '
selecting the co-chairs for each impact group.
AMM00248
Agenda No
Agenda item--, _S `0// fj
RECOMMENDATIONS
Page 3/.SJ
• Although the time line for the effort
indicates a May, 1995 concluding date, this
date is tentative and could be altered later.
On the other hand, the process is at least as
important as the product. Therefore, the
effort should not be rushed unnecessarily.
• The Mayor should serve as the chairperson of
the effort, and the City Manager should serve
as the project manager.
• Other key recommendations are incorporated in
the Loathed "pert chart" which describes the
project in greater detail.
In addition to the "pert chart", please find summaries of the
subcommittee's meetings of January 22nd and January 29th. These
summaries provide more details and describe other minor conclusions
reached by the subcommittee.
I
AMM00248
Agenda No
Agendaltem___i1
n n
WrrofDENTON,TEXAS MUNICIPAL BUILDING/ DEN TON, TEXAS 76201 / TELEPHONE(Of7) 568.8307
Of/co of the City Menager
ME MO RA N D UM
TO: Visioning Project Planning Group
FROM: Lloyd V. Harrell, City Manager
i
DATE: January 22, 1993
SUBJECT: Summary of Planning Meeting of January 22, 1993
Based upon my notes taken at our meeting, the following conclusions
were reached by the group:
The sponsoring organizations for our effort, pending their
approval, will be the City of Denton, Chamber of Commerce,
Denton County United way, Denton Independent School District,
Texas Woman's University, University of North Texas.
Each of these organizations will be asked to contribute to the
project in order to make it successful. Contributions can
take the form of the services listed below or a combination
thereof:
- secretarial support
- monetary support
- interns to assist each of the committees
- conducting training programs for kickoff
facilitators and committee chairpersons
I
The purpose for the project is generally to "develop a vision i
for Denton by and formulate a strategy for
reaching that vision."
The reason for the kickoff session would be to get people J
excited, explain the purpose of the event, and stimulate '
attendees to want to becomti a part of the effort.
.At the kickoff session, we should have two people assigned to
each group, and we should have a brief training program for
these group leaders.
There was much discussion about how to structure a kickoff
event. There seemed to be general consensus that some type of ;
outside speakers would be desirable including the
~I
apendaHo_, ~~-G//
Agenda
lt6m_
Visioning Project Planning Group n1 '3 ~~-===1~;
January 22, 1993
Page 2 1
Possibilities of a futurist and/or City Manager of Rock Hill, 1
South Carolina. There was much discussion about how the
"break out" groups should be formulated. There was consensus
that however they were formulated, there should be structure
to the event and all of the discussion questions should be
formulated ahead of time.
Lloyd Harrell was asked to contact the City Manager from Rock
Hill, South Carolina, and discuss options for forming the
various committees which would be used in the process. The
basic questions evolved around whether the committees should
be determined by a small working group and announced at the
kickoff event or whether the groups should be formulated after
the kickoff event utilizing input from the various break out
groups.
Whatever the format, it was also agreed that there should be
a sign up sheet at the end of the event where people could
express areas of interest in very broad terms. This '
Information would be used to help make committee assignments.
In the invitation to the kick off, it was suggested that we ,I
list the types of subjects discussed by other communities in
their visioning projects.
It was
manager ofr Rock Hill about the Harrell
which tthe city manager
played In the visioning project for that community.
It was agreed that we should have a "war room" where the
committees could meet and the work products could be
displayed.
In addition to the questions distributed, It was agresd that
the following needed to be answereds
what is the time line for the project?
How do we communicate, etc. that this is a process '
versus just a product?
Lloyd V. Harrell
City Manager
LVHibw
AMM00228
i
AgErdaNo ~ `L
G 1
I
WY of DENTON,TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 78201 / TELEPHONE(817) 588.8307 '
Offics of the City Manager
MEMOFtAIVDUM
i
TO: Visioning Project Planning Group
FROM: Lloyd V. Harrell, City Manager
DATE: January 29, 1993
i
SUBJECT: Summary of Planning Meeting of January 280 1993
Based upon my notes taken at our meeting, the following conclusions
were reached by the group:
■ The City Planning Department will be asked to start
compiling some preliminary information about Denton's
current characteristics which can be shared with
interested individuals later in the process.
Specifically, they will be asked to draw a picture of
what Denton would loot: like if we didn't change a thing
and allowed natural trends to take their course. In
addition, future trends which need to be examined would
be identified by the Planning Department.
■ it was noted that the University of Houston at Clear Lake
would be a good source to turn in order to identify a
"futurist" for the kickoff session.
■ The group agreed to add to the list of sponsoring
agencies the Denton Record-Chronicle. In addition, each
sponsoring agency will be asked to agree to assign a
"decision-maker" from their institution to serve on a
committee which will meet regularly following the project
in order to monitor the progress each agency is making to
further the vision for Denton. `
■ The group agreed that the Visioning Project Committee
would keep functioning at least for a couple of years
after the conclusion of the visioning project, and that
Carl Anderson should continue to serve as Chairman of
that particular effort.
■ The group suggested that Lloyd Harrell be considered to
serve as Project Director and that a Chairperson of the
P~endaNo
A~en~altent_ :~s ~ f~ _
Visioning Project Planning Group S.CS~
January 29, 1993
Page 2
effort be selected with the possibility of Mayor
Castleberry serving that role.
It was agreed that the kickoff effort should occur some
time during the early fall of 1993, but that intense
activities to promote the project need to be occurring
until that date.
■ It was agreed that the overall goal of emphasizing ,
progress versus product would be built into the design of
the visioning project. In addition, it was suggested
that the Denton Municipal Complex might serve as the
location for the "war room" for this particular activity.
' I
+ It was mentioned that we should shoot for the kickoff
event to be approximately four hours in length and to be
a general information gathering event. Bettye Meyers
supplied the attached questions for possible utilization
by the various breakout groups.
• It was agreed that we would not utilize a citizen survey,
at least early In the process.
It was agreed that the subcommittee would suggest the
following title for the projects "A Vision for Denton -
the 21st Century".
• For the next meeting, it was agreed that Lloyd Harrell
would design a "pert chart" reflecting the decisions made
by the subcommittee.
Lloyd Harrell
City Manager
LVH:bw
AMM0022C
II
POTENTIAL KINDS OF QUESTIONS FOR A KICKOFF MEETING OF THE COMMUNITY
r
1. What is one aspect of life in Denton that you really like?
2. What to one aspect of Denton that really distinguishes us from
I I
neighboring communities?
i
3. if you could press a magic button and change any thing you thought
needed to be changed about Denton an al'wogdelrfbu place to live,
what would you change?
4. In 10 words or less how would you describe these aspects of Denton:
Transportation
Social Services
Economy
Taxes
Roads/Streets
Education
City Council
Visual/Performing Arts
i
Add to list those areas we wish to plant seeds
v
A Vision For Denton- The 2 1" Century
Februa February March
1993 1993 1993
DEFINITIONS: j
,
Steeling Committee -
Smail group of individuals, chaired
by Carl Anderson, organized to plan
visioning project.
P gbcf Cabinet- I
Overall policy-making group for
visioning project. Makeup: two
representatives from each
sponsoring agency, chairperson, Finalize work plan by Share work plan with Share work plan with full
project manager, a,-A steering small committee steering committee; make committee; obtain
committee chairperson. adjustments and approval endorsement
Impact Groups-
Citizen committees formed to study
various areas of Denton and to
design strategies for achieving goals
in each of the areas. w
Sponsoring Agetwks-
The following organization will be
Invited to be sponsoring agencies:
City of Denton
Texas Woman's University Q 'A 131~
University of North Texas
Denton Independent School District I
er
feline a B rock meet with aitY``~\
Denton ha
Comm Coun
United Wa r,~r
Denton Record Chronicle ce Frank ock 3 Jack Mille
V \
Way of Denton County manager, Rock Hill,
hCrli
..,,.._........o,mbar.. o .....,.ic
o~et s~
A Vision For Denton-The 27s` Century
March - April
1993
I' City of Denton share
work plan with City
Counc':I; gain
commitments and
Chamber of Commerce approval Denton Record-Chronicle
share work plan with share work plan with
Board of Directors; gain Publisher and Editor; gain
commitments and commitments and
approval
approval
Denton Independent United Way share work
SchoolDisviet share plan with Board of
Directors; pain
work plan with School commitments and
Board; gain commitments Texas Woman's University of North Texas approval
and approval University share work share work plan with
plan with Administration; Administration; gain
gain commitments and commitments and
approval approval Q
tl ~
V
Flaming Department
coondlnalea feeeafch about ! Cendnuln Mauroh ! Centlnuin0 Ranereli J eonttnutna Reaaarais I Centinuln RLasi etch ! c ntinuina Rlaanah (Centlnuln■ Rnur !
lnenda, compePtlan, etc.
alrlHaa
A Vision For Denton-The 21" Century
April May May May • June
1993 1993 5993 1993
Obtain feedback as to Prepare preliminary Hold press conference to Obtain 'Vision Room'-
willingness to sponsor, budget and obtain project announce the project gain approval and
degree of commitment, cabinet approval; also, sponsors and time lino; renwdel as needed, etc,
and Identify the project obtain approval of announce chairperson,
cabinet members leadership positions for project manager and
ro'ect steering committee
chairperson w
Contact private Brief other organizations
foundations (Meadow's, about the project and
etc.) regarding funding seek their support; these
Support groups should include the l W
4k
retirement community, t
church groups, special ~
interest groups, etc.
t C•nlin Ina Reseereh I Centlnulnf Meeereh! Continuing Rueetelt I Centleulny R•se•reh I CeMlnvln• Re eeereh 1 Centlnuln Reeuteh I Centinuln Rue•reh I Condnuln Reee
otn u
A Vision For Denton-The 21" Century
June Juty August September
r
1993 1993 1993 1993
Select leaders for break-
i out session to be held at
the kick-off and finalize
questions
I 3 -
Determine location, Press notice of kick-off Train break-out leaders in Hold kick-off event
speakers, and make other event and speakers group process
logistic arrangements for
kick-off event
as,
g
Project cabinet members Invitations sent to
submit names of Individuals Identified to
individuals who should be participate In kick-off +
asked to participate in the event W 1 C~
project t
N'
Review lindoos wilr+ Wolect
cabinet
r C n2ln utn0 Reeu+ek I Continuing R•u•reA I continuing Renee A I Cennnuln9 Re6urah I Centlnulnp _
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02125113
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A Vision For Denton - The 21St Century
September October October _ November
1993 1993 1993 193
{
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Project cabinet analyzes Based on impact areas Co-chairs obtain training Co chaifs work with
information from kick-off, and participation, project in group process project manager and
Planning Department and cabinet selects co-chairs assign Individuals to
establishes the 5.7 for each impact group various impact groups
Impact groups
S taff support (secretarial
and administrative)
arranged for each impact I
group
\ I
~ t
V
oi~mm
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FRECA1 A Vision For Denton-The 21s` Century
r
December January February September
1993 1994 1994 1994
i r
I
Individuals notified of Kick-off session for each Impact groups • co-chairs
impact group impact group- present progress report at
assignments and first chairperson, project a public session
session of the group manager, subcommittee
announced chairperson-
greeting and Intnrhtction
of co-chairs
Cochaos and project cabinet
meet bimonthly-receive
progress reports and obtain any
resource reQuests; monnor }
progress \
V1 ~ t~ Vf
1
Cochain and protect manager Y;
meet monthly I. moMtor
progren h \
ornta V `0
-w7
,
p A Vision For Denton-The 21 Century
Ma May
1995 1995
I
Impact groups - co-chairs
present final reports at a
public session
r
Project osDinet meet monthly to 1
report what esch institution is
OO,fV to Carry Out "".o; tesots t U
st in v n So m
t r
wnm
Uevelooing Vision
1. The Vision Audit
I. What seems to be the current unique
j character or purpose of the city?
I; 2. What does it take for the city to succeed in
i the future?
■
3. What are the values and urban culture of
the community today?
i 4. What are the city's main strengths and
weaknesses?
5. What is the current urban strategy? If the
~...J 1 city continues on its current path, where
will it be heading over the next decade or
■ two?
■ 6. Do the citizens, public officials, business
■ community and other institutional ,
leaders understand and support the
current direction?
1
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EMPONVE ING THE VI
E X E C U T I V E S U M M A R Y
~ll
Many small towns across America have been swallo-+ed by huge cities around them, becon:rg simply "bedroom" sub:; hs i
wtth no identity of their curs. That is net going to happen to Rock Hifl. South Carolina. J
Rock Hill has a plan. It's a 10-year strategic plan called "Empowering the Vision," designed to make the city more 1
livable by the year 22M. Specifically, it is making improvements in six areas: education, business, arts and culture, h !torte
preservation, parks and greeaways, and roads and utilities.
Two aspecu make this plan unique: one, seven governing bodies with their own budgets and authority to make deci•
!ions have formed a partnership to implement the plan, thus giving up some of their autonomy. They are the City of Rock Hill,
York County, Rock Hill Economic Development Corporation. Rock Hill School. District, Winthrop College, York Technical
College and Rock Hill Area Chamber of Commerce.
The other unique aspect of this plan is that it outlines very specific projects to be completed by each entity each year
berween 1990 and 2000.
For instance:
It doesn't simply vice that Rock Hill will have a better educational system by the year 2000. It says York Tech will
implement a new dental hygiene program in 1991 (which it did), that Winthrop College will secure approval for Bachelor of
Fine Arts degrees in 1993 and the Schooi Dtstrict's annual dropout rates for grades 9.12 will be less than 2 percent in 1996.
I - It doesn't simply state that Rock Hill will preserve old buildings. It states that Rock Hill will form a Historic Commis•
lion in 1991 (which it did); that Wintbrop College will renovate Braezeale, Peabody and Sims Halls in 1994, 1995 and 1996,
respectively, and that the city's Historic Review Board will nominate the Aiken Avenue area for the National Register in 1993.
It doesn't simply state that Rock Hill will improve its transportation system this decade. Instead, it says that the City
rid state will construct a tour lane extension of Dave Lyle Boulevard to the North Carolina state line by 1994, that the city will
strengthen and lengthen the airpon runway in 1995, and that the Ciry will insult water and sewer lines along the Dave Lyle
Boulevard extension In 1994 and 1995.
These are just a few examples of the hundreds of projects listed for the seven imtitutions in the 10-year period.
"Empowering the Vision" is making Rock Hill more livable. It is enabling residents to mainuin a small-town, yet
progressive, lifestyle while enjoying nearby big city beneEts. It is helping the city plan for growth while developing a distinct
M identity in the quickly expanding Charlotte metropolitan area.
Mayor Elisabeth D. Rhea, better known as "BetryJo," chain the Steering Committee, which is responsible for shaping
the plan. She is very active in getting tae programs implemented and at spreading the word not only locally but at the state and
national levels. Her leadership in creating a working partnership between the public institutions in this county, as well as
involving the private sector, is an excellent example of how cities can and must become more entrepreneurial to this time of
scarce resources. The only way cities an succeed and improve their livability is by aggregating resources - in effect, creating a
bigger pie - rather than by arguing over how to divide the traditional tax-based pie.
The plan's development took almost two years and involved the enure community. More than 2.000 residents helped
create this image - their Image - for Rock Hilt, and cituen groups continue to work with the City on the plan's Implemenu-
von.
The economic development aspecu of"Empowering the Vision" have strengthened and diversified Rock Hill's eeon• '
omy, bringing much-needed jobs and a broadened tax base.
But on a less tangible level. "Empowering the Vision" has done much, much more. The plan has Gutilkd is residents a
sense of unary, a lease of purpose in workng together coward common goais. It has Instilled a sense of community, as citizens
join each other to encourage the plan's implementation, Whole neighborhoods have joined together to clean up their streets
and to redevelop the historical and cultural aspects of the city.
This is as It should be. For it is the citizens themselves who shape a ary, it Is through their action and reactions that a
Ws soul takes form and then soars to new heights. It is what happens when a city has a plan.
f
~psndatt~f►Z__ &
EMPOWERING THE V;. 310
8 A C K G R 0 J N D~~ 7
Rock Hill was founded in iw, a community foursquare mties in area. Anne cin soon became a "boom town" as ;he cen:er
for cotton trading and attracted many mills to process the natural fiber. But the textile industry's domination cam- ;o an
acrupt ]salt in the late 1970'5, with new technological advanas:n man-made fiber production.
Civ offc,as and citizens painfully watched their atv's economy crumble. The ti textile mils dosed, one by one.
Unemplormcnt soared to a high of 17.24b, Another force changing Rock Hill was growth. Just 25 miles to the north, Char•
lotte, S.C., was bunting with activity and population. The opening of international flights made the entire Charlotte metro.
politan area feel even more sharply the impact otgrowth and global competition. That growth began marching southward
toward Rock Hill.
City leaders realized that Rock Hill had to take respcnsibtliry for creating a more stable and diversified economic base. I,
They decided to meet the growth head on. Rather than allow their town to be engulfed, they began to prepare a plan to
manage the growth, to amnge for adequate facilities and utilities that would direct Lite growth in an orderly manner. The plan
would be long term and strategic It would make Rock Hill unique, and restore a sense of community and purpose, while
reflecting the citizens' own ideas about their dry's image.
In order to devise a plan that was both comprehensive and strategic, the City approached other public and pnva rte
institutions facing the same growth issues. They were the Rock Hill Economic Development Corporation, Rock Hill Schoo
District, York County, Winthrop College, York Technical College and the Rock Hill Area Chamber of Commerce. The l
purpose: to develop a comtaunitywide long-range plan for the 21st century. The plan that resulted from this pubGa'prtvaie
partnership is the ten-year plan entitled "Empowering the Vision."
I
THE P R O G R A M
"Empowering the Vision" began In January 1998 through the formation of the Steering Committee, consisting of the
Chief Elected Official and Chief Executive Officer of the seven institutions.
In February and March, the Steering Committee studied major treads, issues and problems affecting Rock Hill, and
mused about the opportunities those problems represented. The committee identified six themes to describe Rock Hill u it
emerged into the 21st century: the Business Ciry, Cultural City, Education City, Functional City, Garden City and Historic City.
The Steering Committee also established the framework for a massive participatory planning process that would involve all
faces of the community in developing this vision.
Co-chairpersoru were appointed to each theme group along with (weary or so ci tizens. In April 1QS8, the process began
with a formal "Kick Off." All citizens assigned to a Theme Group were invited to a mo•dav onenution, where they reviewed
the Steering Committee's research. The groups were given one task: to dream about how they wanted Rock Hill to look in the
year 2000.
Art unused downtown building was donated as the headquarters far the planning process. Each Theme Group met is
the facility and suned work. Staff was provided to asset the Theme Groups by keeping records of meetings and doing re•
search.T a Theme Groups took d1ereat approaches. Some took field trips to other aces for new ideas, others hosted guest
speakers, yet others conducted surveys.
By October 19, 1988, all of the groups were prepared to make their recommendations to the Steering Committee. It was
an eventful nigh4 u all of tlae Theme Group members, the Steenng Committee and other citizens were present to hear the
vision for the year 2000.
Based upon the recommeaciatiom, theSteenng Committee On eloped speafle projects and activities to accomplish te
Theme Groups' goals. Six strategy boards were prepared, outlining the years 1990.2000. These boards consist of the overall'
"%,sion," or goal, of that particular theme, plus color-coded protect cards identifying a specific activity, and the entity respon-
sible for accomplishing that activity in a given year. Each activity card was mounted under a target year for accomplishment. A
key to the strategy boards is that they are flexible. The project activity cards are wued, mad an wily be moved as economic
forces or new oppOrtunitfes dictate. This makes it truly a working plan - a process which is constantly reviewed and updatea
In May 1989, the respectlve Boards or Councils of the seven institutions attended a 21/7-day retreat at Myrtle Beach to
review the preliminary plan. The keynote speaker was Mayorloe Riley of Charleston. He said he was unaware of any other
community in the nation that had undertaken a planning process as ambitious as "Empowering the Vision." Riley encouraged
he community to think 810. "One of the greatest sins is to fear to be really ambitious for our community," be said. He also
old the participants that they were "the founders of the Rock Hill of the future."
With this inspiration, all of the Boards/Councils reviewed the plan and model!. Each institution adopted a resolution
that conceptually endorsed the plan, and stated it would consider funding the activities as a part of is annual budget process,
I
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a
Aber the retreat, the preumnary planvas yaced on display in dowmtown Rock niNot, ~y~I Iko
I fmatns i, Cl~oan
. 2,000 auzens v1ewW the plan and commented fa orabiy. Since the unvmlinR, more than ;a tf~"m a ? e
r Counties within the reg on have vtsiteaf to learn about "Empowering the Vsicn.^ lnqu nes%kr_o T=+ Irorrtae - ~
and Nova Scotia. J I/
Much Progress has been made since the plan's adoption. Following are some highlights of the accomplishmen(s'ine3c/
theme group.
I
` B U$ I s F S S C I T Y
■ TechPark. a high-amenity office and light manuracwiing park, has been completed. Slore than 70% of the
property has been sold and developed.
■ Rock Hill Economic Development Corporation has purchased 90% of the properties downtown in order to
revitalize the area lato an urban village.
■ The City has completW the construction of Phases I and II of City Hall, and is currently working on Phase lil,
which wntains a greeespacelplaza area and highlights the downtown area's historical character.
2 A private developer opened a $30 million, 650,000-square-foot regional mall in April 1991.
0 The Rock HW Economic Development Corporation has purchased 700 acres east of the new mall for a high.
amenity business park. golf course and residential development. The residential area and golf course will be
privately developed; the IS-hole course will be designed bygoif pro Hale Irvin.
C ULTURAL C ITY
■ The Citys Srst public art project. the Gate Way, was dedicated in April 1991. Interttationaily known artist
Audrey Flack was commissioned to make the four 13-foot winged bronze CNitas statues that represent Rock Hill
citizens' vision for their city as it moves into the 2Istcentury, Each statue holds a different symbol representing
14 thec %ciommitmenttoequeation(nameofknowledge),I and culture (sursof inspiration), u n (gears
of industry and commerce), and function. or uulities/energy (lightning bolts). The statues form the corners of the
city s Gate Way, with two 75-yeareld Masonic colurntts representing jtjLlma and elaborate landscaping represent-
ing the commitment to gardens and greenery. Ms. Flack says Civitaa "is the personification" of Rock Sill, while
Mayor Rhea calls the Gale Way "the cotnmuniNs gih to itseit"
• Winthrop College recently expanded and renovated its art gallery as part of a S9-milliots facility renovation
plan.
• Winthrop College hosted the Palmetto Dramatic Association High School Drama Festival, bringing together
:50 students from 19 high schools.
■ The Rock Hill Arts Council has been awarded 5150,000 from the National Endowment for the Arts for a new
arts centre downtown. It is the largest NEA grant ever made to an organization in South Carolina.
■ The city has acquired a second pea of public an: "Mighty Casey" at the bat! The I4-toot bronze statue
sculpted by Denver artist Mark Lundeen has been leuai for a year with corporate donations: private fandraisin;
is being undertaken to purchase the statue, Casey graces the entrance to Cherry Park's renowned softball fields.
The statue's base is inscribed to remind those who pass by that '"There is no failure except in no longer trying
at The city has now held two very popular fad arts festivals. Jubilee, Harvest of the Aru, is a volunteer activhry
offering children's art activities, music, food, art shows and Folkloriea, a festival-within-a•festival which show
4 cues the communirv s rich multicultural heritage,
4 E DUCATION C ITY
■ York Technical College opened a 7,000-square-foot day are center as a training facility for daycare aides, the
tint of lu klrid In the state. It also serves Tech?ark and o4her businesses' employee. '
4 Winthrop College Initiated anew muter of liberal are program In 1990.
0 Rock Hill School District has undertaken complete renovation of every school facility In the dutncc
■ The Carnegie Foundatlon seemed Winthrop College along with 10other schools to partic;pate to a program to
• identify Winthrop hCol College his btained state approvval otchaanige to name to Winthrop University, effective summer
1992.
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F U N C T I O N ' A L C I T Y
s The City has Completed 522 million of improvements to the Manchester Creek Wastc.vater Treatment Pia t,
increasing treatment capacity to about 15 million gallcns per day. This has positioned the City as a major pia}er
in the regional utilities picture, and has male the area most attractive to business and industrial prospects
0 Ajoint plan was adopted by the City and York County to enact land use regulations along the recently opened
Heckle Boulevard.
■ The City has tak.n an entrepreneurial approach to road work by doing the necessary engineering and right-of.
way acquisitions for tie Celanese Bypass and Date Lyle Boulevard extensions. The Citv is bean; reimbursed by
the S,C. Department of Highways and Public Transportation. The benefit? The roads are extended yeah ahead
of schedule because the City didn't have to wait for the state's short-staffed engineering department to do the
work
■ A neighborhood based non-profit corporation has been established as a city,muzen group to deteiop affordable
housing for low- and moderate-income residents. Three houses hate been finished.
■ The City installed a new traffic light synchronization system.
■ S.C. Department of Highways and Public Transportation announced it will widen S C. 161 to the new business
park
k G A R D E N C I T Y
■ More than 500 trees have been piantcd since 1990,
■ Saluda Street residents organized to make beautifiatien improvements along their street, which is a main
entrance to the city.
■ Landscaping along more than 2 miles of Dave Lyle Boulevard, another main entrance to Rock Hill, has been
completed. It includes 368 wnilowcak trees and juniper underplantings.
a Volunteers collected 1 million pounds of recyclable in one year and another 1 million in the next six months in
1 the Ciry's new recycling program, which began April 1990. Volunteers also helped grind 2,000 Christmas trees
Into mulch, which was given to citizens free of charge in the first "Grinding of the Greens" program.
e The City has created a new Environmental Iiaspectioos Division to enforce weed control and junk car ordi
nances.
■ An HistorieTree Grove is planned In the downtown area, with funds from a grant and money raised from
engraved brick sales.
■ The City has finished its first greenway under "Empowering the Vision" - a one-mile walking trill from
■ TechPark to Northside Neighborhood Center. The greenway is a pilot project for others that will eventually
connect all of the drys major points.
8 7.61.3 volunteers representing 92 civic clubs, churches and businesses have adopted 168 miles of roads and
highways for litter control
H FSTORIC C iTY
■ The Ciry Course[ appointed a sawn-member Historic Review Board, which has identified structures and
neighborhoods with historic Significance.
■ The Council la December 1991 approved an Historic Preservation Ordinance and designated 13 properties/
1 areas as historic
■ Winthrop College has undertaken a S9-million renovation program to restore various historical buildings on its
106-year-old campus.
■ The Rock Hill Economies Development. Corporation and a pnvate downtown business group are surveytag
residents to determine how to retura them to the downtown area. They also are surveytng residents who might
be interested in living downtown once the Sato 100-year-old buildings are reaovata
One of the examples above perfectly illustrates the plan's flex biLty. Under "Business City," Specific goals were to
develop a 100-auae Industrial park let 1994, and lZacre parks in each of 1996 and 1998. However, the 700 acres of very
attractive property along the river (400 of which are to be used for a business park) became available in 1990, so the Economic
1 elopment corporation bought it. fulfilling the 10-year goal in one year.
ff A separate example of the plan's flexibility, and proof that this is a citizen based pun. is that "Empowering the Vision"
had Initially outlined plans for a new arts centre downtown. But a group of private dozens who are involved In the Rock Hill
I '
~Q6~iU No
AT 7.7 F'
at rein a 01.".G' 1'L5': iJ:ej 3y': 1:ICS 'iJ~,lt"pp'tC7::ed
downtown and us~q it for to arts centte theatre. R,tn ~I- - rfr~
The fact that these cnzerts felt empowered to pitch their own idea rot chang,na the p7aE shotiz the 'ece7~r'~olvement
and ownership that they feel in this blueprint for their future. ~~~f
L E S S O N S L E A R N E D
Rock Hill has learned much from its planning process wiled "Empowering the Vision." Some of those lessons are relayed
here, in hopes that other mayors and city governments might benetit from Rock Hill's cxpenence.
1. Use the planning process to eduatq empower and market. The greatest value in having a common vision is the opportunar4
to educate the citizenry and to build a consensus and constituency for implementing the plan. Another opportunity: making
people feel they have the power to affect change in their community, The Rock Hill plan represents the concept ofleade rsh p
as a means of empowering other people, not controlling them.
Also, the best markeling tool a city can have is an exciting plan with a committed, enthusiastic following. Rock Hill's
plan is used not only to gain media attention, but to market the city to business and industrial prospects, and professional
re ruin. Local hospital officials and industries trying to recruit-.Ice presidents and other high-level managers have relied
heavily (and successfully) on "Empowering the Vision" to attract prospects.
2. Remember that the process for planning Is more Important than the produet If the process isn't eight. it doesn't really
maser what the plan is. It is crucial to involve the peopleinstitutions who are actually spending money in your city, and help
them realize that if their priorities are geared toward a common vision, they as make a huge difference without spending
additional money.
For instance, all of the different entities were doing landscaping of some sort Under "Empowering the Vision," there's
a common plan for landscaping the city over 10 years. if the plan is followed, the result is consistent and beautiful landcaping,
But if the scvea entities continued to do it piecemeal, it would not look as cohesive.
Another example is street lighting. The plan downtown calls for historic lighting; since the city, county-owned library,
churches and others were going to have to invest in new tights anyway, why not all plan together and buy the same light fixtures
that highlight the historic aspect of the downtown and make it look much more like a community? No single institution spends
any more money than it had planned, but the city looks better,
3. Be prepared roe public participation. That means doing your homework People are busy these days and don't like to have
their time wasted. Also, most people are not trained planners, nor are they born with planning skills. So it's important that
staff take responsibility for preparing the public to participate by doing the research ahead of time, and preparing chars and
graphs to illustrate trends and other information participants wtli need to make decisions. Provide the direction from the
beginning, and groups won't be left floundering and trying to figure out what they're supposed to do.
a. Push people beyond their normal roles, One reason Rock Hill chose themes to represent its goals was to not only uke
advantage of citizens' expertise, but to push them beyond their field to look at the bigger picture. For example. Realtors or
engineers are accustomed to approaching challenges in a particular way, but if you give them a broader theme say historical
preset'ation or utilities they'U stretch to look beyond one neighborhood's home values or the size of one sewer line to a
communiry•wide perspective. Also, diversify the groups. The Cultural City theme group involved not only artists, but people
who were able to recognize the marketing possibilities in wand the types of poUtial pitfalls to avoid. The artists, of course,
helped educate others about the symbolic value of art
1. Don't dwell on moneyas the outaeli, When a huge plan is unveiled, the first questions aN.ays are: how much does it cost. and
where is the money coming from? But a tutal amount, while it makes for good headlines, scares people off
The truth is, if it's a good idea and people want it, they will find a way to pay for it Further, these often are proje-s that
are going to be done, anyway. If they are put in context of other things that are happening in your cry, they will seem like
necessary and realistic accomplishments. A huge price tag at the outset will make it sound like all new money u needed, rather
than money that would have been spent regardless.
6. Have successful projects early In the process. Your reputation begins when you begin. The public has very little tolerance
for longterm projects with lag time, so make sure some early projects an be built relatively quickly so that people an see
results.
These projecs will offset others, like roads or utilities, which tend to take a long time with little to show (i.e., eogineer•
ing and environmental studies, right-0f-way acquisitions).
VandiNn
Creative leadership can make a difference in forting pnvate public pannemhips. It %Jw0a1WKL
r;an as un'xorkable; of is easy to say that all of these dif.erent institutions will never site eye vt
}e. But by b t
nmc and o eitfye in
one's approach to leadership for snsian:e, by malung the enure process ali•tnduswe, paracip~ iorv`ri~l, i~ by dev~hn
energy to It one ran little by little make a difference and see results.
In Rock Hill. Mayor Rhea look the time to forme personal ,elncrishipi with key decsion-makers in each ~stifuuon"
Bui!ding a sense of trust was essential to the process. Ste also worked slowly, approaching one entity at a time, When .40 yam
crmmttted to the concept, they could bring in the third; ti;dse three then created enough excitement to draw in the fourth, and
' io en. Final;y, she was careful to ensure that each institution received public credit for its involvement in the process.
4. Other Important lessons:
Crte group must surface as the idea's champion and be willing to go the extra mile in maintaining the momentum of the
program, either througn a larger financial commitment or by taking responsibility for coordinating and communicating doel•
apments.
■ the plan must be very visual, to help citizens fully grasp the concept. Three dimensional models and computer-gener.
r atcd images cost money, but it's money well spent because the models allow everyone to see the "future" in the same wav.
.also, they are easily changed as circumstances change.
■ It also is important that the plan be (Imble, and easily updated, again to represent progress and changes.
a One reason for the success of "Empowering the Vision" is that these was a focal point for the Picini in that one building
housed all the Ideas and strategy boards. This building was open to the public for review and comment, and provided a major
communication link berween the agencies and the citizens.
■ Involve the press, not only as reporters and editors but as active participants in the planning process. A final lessons
' share what you have. Many visitors to Rock Hill have seen "Empowering the Vision," and have taken home ideas for their
own city, In return, they have shared with Rock Hill the types of projects and programs their cities are
undertaking.
The beauty of "Empowering the Vision" is that it is a simple but solid planning process which can sere a$ a model for
other cities around the country or even around the world. titan-v cities face the same challenges and have the same types of
public and private agencies busily making their own plans for the future, as Rock Hill did.
' ByJoining together these institutions, and finding new ways to forge partnerships between the public and private
sectors, any city can summon its own vision and shape its own future.
1
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THE INNOVVION GROUPS
Agft No
~penda
R & D Notes 59 • MARCH, 1993
Enclosed is the article that you requested from our current
reports. It is titled bF }I-~ wi~. -
and is #7
under GENERAL MANAGEMENT, This report is
prepared by Longview, TX.
f
I
Cellfomla-Colorado-Arhone4ievede Carolinas Innovation Group Florida Innovation Group
Innovation Grou 606 W. Malm Suet
200 Pine Alp., Suss 502 Rkhmor4 VA 23220 6604 .O.86 16 s L
Long 3lBaN~A~ 604/ W 45?ti aPrt.peBx 16645
Heartland Innovation Group T 613~872'84g4 2 Ininwmion 6604 Harnoy Rd., Suke L P To P O fY $6100Group YirQlBo W. Main ar Group
P.Opp..~ eB,ooFxxL 16645 Plano. TX 7506&1003 NW' ~ St32
T 8 3 2 44884 7 21457&7391 aA ,23220
4genta No ._._1.._s?!!
Agenda Item _
A C-- T I U IN, } e .
ASTAA7EGiC PLAN FOR
IONG'vEW, TSxAS
~l y
W1'A.
d,F,•~Yh} i
ly-
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1 r,.
to
~ RUSNo
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Table of Contents
Vision for Longview....
s, Beginning and Process
......4
'b Fconcmic Development
V
6
F.dUtahgR.,......................
Crime Prevention
r, 16
Cultural & Recreational
• Opportunities
Housing
Monitoring Our Progress,,,,,,,,,,,,,,,,,,
........28
Financing Our Future
Acknowledgments
Glossary
r
2 • Action Longsview
I
Vision for Longview i
To be Texas' preferred community as seen
by people and employers.
We will achieve this by creating a community which
instills pride in its citizens by being: .L,
progressive, diversified and
economicaUy sound
inclusive, caring and values-based
culturally aware and weU-educated
^,C1M1'
a leader in providing a quality of life
second to none
4
Action Longview • 3
V G e y is
v I I~yv the ingsivu t lrs ('„until I ey rn There Ire alwap' mare Jem.Inds un a communih's
es{1, nog rl~c' , h'u ..t a c,,mmunity b.rsed striteoc resou ces than r,,,rurces available to meet these
~r plann,ng pn. e., 71ere wlu strong feelmg arnsrnx the demands- This is espv'ially true w ue approach the
(,-jlli,l rh sr Ln,gvrew ,,.,,IJ },enefn In)m sua a 21.,tcenrury and expenence grearchanges occurnng all
'Inured u: 1-he yaality communities of the 21st
century will be those who Identify the areas nt,,,r
1} t lil d 1. em utih a canv,s s ut the cs,nimurutr cnncal to the long-trrm life of the cummunrt and
in In itslst t., read rlle c.ms❑mniry's "puke" and then sysremanclllp f,xus mergrrs and resources on
1; o ra,lr, I` .I rw:,us uirtlid t.•cl al,out a rrarcei, thew arets.
ll,:Irr [I rhro
l,ms,,nicw hzs uu•d the comrnunuy straregie pl,ir,
l.lrl n s.,n l,dled twice sr t},e 1-4,voicv ;mjil, pn,lev to idennfy [I,(-,c arras of Gxrl? The prrocns
sI Flufrke l.Ir y 's x Isern m erot (,Iblc televt I rj included estnblrshin4 a share.] community vision,
,nr cl an „ Im t lxdi rut in r},e h1411 nxw.p,{ dMIh ing areas imp,;-rant to the rtAI::auon cif Ihrl
IN 1 a nwnk cs I nrdusrrr, buv nrss an.] civic leaden I'rsrnn and Jccel„ping spOl If', siraleg,r. to accomlpli,h
4, rv ~nren,c,sed 1hrouah,n,r rFie <,,mniunlrp rho Ile dcsued results An importInr pan of this whole
`III Iv,n 11 4, Jml2,,lr it, favor t.f devel„ pmp a srmw,ric process has beer OX hrOad'hased cummunrty
i in tI`LX kl'ulJ I"ll L>nK%jC" Into the 21st C'cumry, involvement and supp,n this prx" has given la-al
meaning to the consnruuonal rhrau'%e the pct)p e. '
With serf money for the strategic plnnnusg pnxos
a1l,x.tirl in the la7 .vl l'iry bu,fget and wmmnmh Through the strategic planning Fr,k"s these areas
i contnh.rl In". the Counnl a ry:'?1 fpuinteda 16-penon +ere defrnrd as cnaral to rhofuture of our cemmunr
eaecunce committee in April 1991. The C~IunciI
s charged this Pon pancsan group to create a strategic Economic Ckvuopmcnr
purl rh,11 .
Education
f • CrimePrevennon
• rely represents the desires dthe commumry as a 4 Qdtural & Recreational C~f ptrrunitfes
J ? hole
serves u a blue nt for In
p^ ngvaew i growth and
f5'. wci in the pears to wme
7 n~ 4 ~a
Y
I
t
b ``y I
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i.
Y'4
.c 4 • AcNan Lonvoew
ti
~y@ts' ~ aJY
Ag:nda'~tet'r..- ~//taw.. '~'•i:i' ~t,.
As the process u(identifying strategic ,rn%progtevxd, ^
Sttmlly hundreds d needs were lienti'ied Ey Longview 9
eidaem. These five owes were consistrntly identified
by citizens and were determined to be of significant
imponsnce. In order to realize out community vision,
we must focus resources, energy and commitment to
ad,dtessing there five strategic areas,
The final step in the planning process was to dnelop "With this strategic plan - a
4i
specific strategies to address each of the areas. To shared vision created by and for our
accomplish this, the Longview a,mmunity was again cotnmuntt - Longview now statuls t 'r r~
called upon. TaA forces made up of Longview circens a {
were formed, They sought ideas from other Longview at the threshold of a new era, This
{ l I
citizens about specific actions t-' taken to document becomes a road?nap as our s
accomplish the desired results. The response from this community charts a course for the i
community involvement forms the body of This ?text cents/
strategic planning report.
i
Many ideas and recnmmendatioru make up this repon, "r
Some actions should be taken immediately. Other We applaud the countless
Motu wild require a longer period of time or will be volunteers who worked so diligently +
scheduled to begin some years in the future. The to make Action Long*view a
purpose of this report is not solely short-term, but is y'
intended to provide out community with a way to focus reality... who encouraged the
h out efforts over a long period of time on those areas tretnendous community involvement
critical to our saecru. Many of the strategies will in its development.
require us to stretch in our thinking and in our action.
H these items were easily done, they would have
already been aecomplished and would not be in this Indeed, this Action Longview
planning report. Finally, because change is
unccmfortabic, some of the strategies will be Strategic Plan is cause for aU of us to
uncomfortable for us to read and comider, in reading celebrate the diversity and innovation
this community strategic planning report, it is
Important to review the community vision and 0 our community."
,
remember that vibrant communities moving forward in
the list Century will be making these difficult strategic
chamees. For Longview to be twnted in the, ranks of Action bmgsview Fxecutivs Cornrrtluee
these quality communities, it too must In illing to
olte the steps necessary to become the community we
nv Won.
rr',:, 111 1
Will, s ~r f~ • ~ , ;ti 1. ~ . .
i
t
~ 1 ve
Action Lorip t ieu. a 5
ti
to I
ECONOMIC DEVELOP, nalditbntotkatiunshe<}ut), ,rub nomic
MENT VISION: Provide community ties in the iMp~obmristof our
Infrastructure systems. Longview (I its other Ttzas
cities in ae ra
diversified and quality job t
zfanstunsolrnl«lndf')r.ce0urastaandroad ntral
opportunities such that urlem- Po"norsrystents must be expanded. Koinem financing
I made available and lob training upgraded.
ployment 1'11125 be10w the state One sign of health in cm local economy Ls stmngrerd
average and average income sal s4overf1.4billionandrotalglosssalesbyall
{ induunel in out MSA of over $S billion These figures
above the hate average by the are significantly higher thin many other TexasNISA's.
r
year 2000, while maintairlillg Asalestax to fund economicdevelopmentwaspassed
erlvirorlrrlentill (tlality. by voters in 1991, Subsequently, the Longview
E<onomi< Development Corporation (LEDCO) wsn
formed to dtrect economic development efforts. Our
community now has a present and future s,vtce ro fund
at d fa<ili to to an ongoing economic p nynm
~ i 1 L, ^ hn available labor pool, attractive property values,
tiy. , y - :ompetitive local tax and utility rates, as well as the
yr f F neasral aesthetic qualities of the area, can cumbire to
atCrate new industries, Substantial Ion; trrm economic
growth for Longview is directly influenced by a
eomm,tment from citizens and local government to
provide the necessary support to existing and new
btrslne'ses to operate slid expand in cur community.
I&U&&'a Strenmhs-
' Only 60 mils from a major point tj entry into
r Ttxm; adiacent to heavily raveled Interstate 20
ttt '
K
In recent years Longview has grown from Its rich Sales tax for economic development in Place
history of cotton, timber and oil into a diversified,
°.1 regi maI center • prtdi<ted to be one of the sute's ' Lignite, oil tarxl gas resena
future growth areas. Leading employment categories
Include motafacturing, health care, trade and service ' Law
Mistrial base (vend m, labor)
y'. indutnes
p • Opportunities for slgni5cant growth at Gregg
Longvkw s future lies in this dtYtnifiCation and in the Counry Airport
t growth of a better educated, highly skilled woA forte.
Throughout Texas employment in high•t" industries 'Competitive utility rates
s comprises about 6 perce"t of total employment and a
.y' little more than One-third of manufacturing aEstcelksst«gionalmedical lines
ie,q;r employment. In the Longview•Marslsall Metmpobtan
Statistlal Area (MSA) employment In hlgh•tech ' Desirable quality of life and natural aesthetic
j41Frinduvries comprises about 8 percent of total beauty
+;.Trrt~, employment and nearly one.half of ■ll local
manufacturing Join Ott classified uhf -tech.
r
+i
6 a Acan tixtg+tiew
~9tl gl't£lV'7 Wtrilsraeaeps• f
- y~ fi.rrnson Counyi t icrals irk{lyt sh~p gcommit
necessary resourc 6r tarrrat Itiprp;ve n, efforts
• &ms,ivcfl,wsdptinpr;,em within their jurisdiction 3/ 7
• No rn„<}ern bii,im pa,l, hnnrtJ n,J„ rrrJ sues .zi3alLS l'
nc,r rill rnaue
f' p ,x'e reg nutf ni mri3pornmun system.
• less r drpxndrrra' wt runrr u'r r 1 v d„rr,n
mars During public input meetings held by Action
Longtvicw, many citizens stated that the Gregg
• ln~uffis'cnr s,nnrns rtr d rr „nor homy Airport is oar region's greatest potential asset.
Strung county go%eni nent support, coupled with use
• Limumiw,i,grrin.it m by the LeTourneau Univershy Aviation Flight
Training program, has provided an airport facility
• I:a1tnurnt,rnr~,n,n wcondto none in hJorthealTexas
,
• inonit s,rrr i~,hn, it sl .n i, Ho,kcver, uri:em were critical of the lack of stable
r,mmcrci.il tamer services offering ruures beyond the
• Inmmi(renr numlr „t !,.;,I,i ,,.,n; Dallas area. Expanding commercial and industrial air
uaffic is viewed as crucial to our region's economic
• Lrmrtc,! invesum ri, 111.1 vr, r,r, gruw'th. The Gregg County Comimissiontrs' Court
must continue efforts to develop the rirport and
provide adequate resources necessaryto assure
successful des'elopmenr, stability and growth,
By April 1993 the Commissioners' Court should
am)[nt an Airport Advisory hoard to assist and advise
(lie Court on airport development matters. The
Provide the infrastructure necessary AdvLsury Board working with the Court, the airport
to support and Sustain long-term "We&rJLEDC7C Must COf11plete7"'~erplan for
development of the airport property, emphasising a dual
economic development for the greater role as a commercial curies facility and an industrial
Longview area. aviation center.
Y:
TRATFCSY j Focus of the plan will be:
i
Supp„rt and equ,sd cn, ,m;{;,,unrs is Attracting carriers who can provide stable
ms cum ial service routes to Houston (by
sff i eceml--( 1993), Austin (by December 1993) and
The City of Lougvsew in,ifirci the C,ipir,al other cities
(mprovrnstnt FIlir CIp) in 1?yes Ihis en is
scheduling of public ph,^ac.d rn,i,r•ser,n;nlith,it ire • Increasing Public use of the airport by identifying
needed over a fire i v it per;,I .u,J is , dared and and rnatlmting its porential geographic servke area
ulnpted annaaliv ho slit tits C'„uncrl ihr C d as well as recommending additional ways to
cunsists art nine pr,L'rara lift! is svnh a uun,her it incnxsetuage
projects in each fhe map, r pr,yratus ,rr dnrina e,
streets, wastewarer inJ w,,rerw,.r1,, l It, primary officials to t with other economic development
sources of tuadmg fur rhv Clf, it Gvrner.d ul,l,gath,n o determine how the w similar
Di s, Revenue Bonds, Certificates ,d ()blikanun and iinduscruia ~ 'Portal M~le be strategies of similar
1/4 cent sales tax revenue which is designated for
fa the irscorpotated intoplam
drainage. Gregg County Airport "JutiMal Park
,
Longvkw raideuu roar wpport the CiP and give a Soliciting additional military and fueVnialn•
input as ro needed phy,i(A imprnvcmcnis Grey,, and reliance service laradirigs
r3ilinn ilJrrfj•t'li lt' •
1
4Cvds No
• Determining the airport's role in recreational S7BATEGk Nlis
evtnu and tourism
a,ri? Proude reAkly maskrlk and uaNc in,6. Ad tutuses
>'ets • Recommending funding options to accomplish deurk,pme tandprorrintimofbvl steal tkostgh
the above objective r
' LF.DCO has ~ ~I_Y3AI~~.~ recogrmi:ed the need hx crating available
i' industry lima and has targeted July 1993 as completion
ImPmss regi,xsal highway trams date fa a comprehensive Plan for development of these
port uron rystcm. parks.
The safe and efficient flow of vehicu lar traffic in and The lays
through Longview L of concern to both residents and p slvoulderuure:
visitors. Despite ongoing loca! highway Improvement!,
Longview and Fast Texas, in general, hve failed to Gniiteavallabilirydutilitla
receive their fair share of highway project funds as •Accessibility to cirykounrysrms
compared to other simtler areas of the state.
By February 1993 the Longview Chamber of •Auessibtliry toma;orhlghway{s)
Commerce Transportation Committee should •Rail spur accesstbili
+ undertake a study to determine and recommend a long. ry f to at lest one pack)
12. NMI highway development PUn to benefit our arts. The first industrial park should be completed by
T1e plan is to be complerrd by September 1993, December 1995 with LEDCO a,gra
these industrial sites. ,ively marketing
The plan should include:
,6 Conr hued development and promocton of the Gregg
s • Addition of U.S. Highway 259 (Longview to 1• County Airport Industrial Park must be o priority for
30) and State Highway 31 (Longview to Tyler) in our community. The recent provision dutihtia to the
the Texas Trunk Highway Syvmrn alrpon makes this one of the most desirable industrial
"green field" sites In out region. The Aviation
' ' • Development of U.S. 259 (1.30 to Nacogdoclsa) Technology degree programs of I eToumau Univenity
y and U.S. 59 (Nacogdoches to Houston) Into a playa ppre in the strategy to promote the airport.
sV'!~' r controlled-access primary-use thoroughfare
connecting Houston and I.30•, aduleving "principal The Gregg Oxutry Commissioners' Court and Alrpm
n_ 4 arterial" status for this touts under the Federal Advisory Board should continue to coordirume with
Intermodal Surface I r.r„portation Act; and LEDCO to market the airport industrial park. Funds i
exploring the addition of this route to the Federal for this effon should come front the County with
' %u! Interstate Highway System by December 2010
assistance provided by LEtl00 and surrounding cities.
Incorporation of the existing State Highway 322
right of way into the US. 259 system
a Development of heavily used Intra•city
dwroughfares (Le. Loop 2611 to meet future weeds t
y Once plan projects are identified, the comm tree must
f work with City and Texas Trarngvrtation Department
officiab to have these projects included to existing
highwee
• ; • ,•3:•~ y development plans. Fwviitvg for plan project,
mus(be aggteulvety pursued at the state level by
Chamber, City, County and area economic
development officials. AU oxh encitla should farther i
RVTon deregulation *(the intrastate trv,rdting Industry,
E • Acdon Congotsiew
,
00
r
t I 4 , V
r ,
i
B ECTIV The Longview Chamber of Comme,ce and the Expon
Encourage expansion and Asustnce Center should continue to help existing
od
enhancement o uerry by;""fing manufactuten in broadening their
Of existing business and sales markets into the nadomd and International f
industry and attraction of new arena,
business and industry, ST~Y1 ,
1 Amos t iimlified anger indusnus. .i ,set
i I
i E"`x`wq' T"ent'gM1 ard NU%rion of Lovk-u%s eustmX Longview must encourage the relocati r rL
I 6a6seu mid trdsuay on and
, e4ant10n of new business and indu•,try to air am as
v• r.
' stated in the pemimn Report.
The Longview City Council has charved LEDCO with
utiliting economic development sales tax revenues to LEDCO has committed to aggressively market
enhance existing }ob opportunities, expand and Longview as a location for manufacturing activity.
diversify the economic base and retain and expand plans call for int,uducriun d a mukering campaign to t ref
{ existing business. Though recruitment of outside select targeted iadusrriesbythesespecificdates:
t!'.
Wustry should be aggressively pursued, our primary
k'cw must be to meet the needs of exWing business • plastics and Rubter Prod sets July 1993 i
and Industry. IEDW mute take the lead by:
n
• Working with local government and private ' AiwafrMain tenance/Fartq,gvionid ..January 1994
entitles to develop a compreher.,he expansion ' roads and Relared Procmin
} Y
incentive policy addressing tax abatements, g ° July J994
financing amistance and enterprise tones • Fabricated Aleals
~Y 1995
T K
•
Working with local government to further • Communication Fgnipmcnt July 1995
i „ I
mp -+ve its re"nsrveness to legitimate business
n"dsand maintain a lxu b uiness chwit Additional targeted business oppottunritit txist for
meeting the material and service needs of existing
• Conductit.g periodic surveys of local industry industry, Hundreds of millions of dollars in services
officials to Identify problems and oppt~ttuniries and rmteriats are purchaved our_ode o Lnngview due to t
r
,
coon iongitfew • 9 '
i,
eT .Y
s,~. E 1` t) ~0PUdN0 '6!
It11 , 5;W3.
Lxk of local supplies. As other Itx.d nl.bntn esl,in 1• 3
Is Irc.~rftii {
and new Industry anivei, oppununsdes to nlCer Ille't .
needs wiN grow. I yd. 611 (11" 11,J is, I n s."I"! 1 alnr,
By September 1993 UDCOshould condu.t a uncs I f 11.'.
I, iin.r, II LI•ny t iu r t6r ,ec li' I Isr4,
tl re. ~ local industry to determine whir pads and ii t Inl, ii1 1 1,1 Pic o1I,,n I,~,r,,l„'• nul,, ,i i ,nirr
t}tese industries commonly purchase our I:I rlie rr.l. I. 1 inm.ilr ri Irl,r r, u, I I,%o..kilrn r,,
becaueof aLIAof lots I pplIt n.Compant5lIle, nn: ninth;, ll, on
;tn,lr,
these needs can be identified and Incorp r.red 1111 I hi I-I i,.
1ELX Ys. list of targeted industries.
r11 Irl i 41W f ICI II
r s UEAU I Llnllal I.. ~.Ilrslc rnli r rnnll~ Sri i, nl
r k
y<:+` rc, mn~~li ! I: r, ..uicnr ,pni. r r ,
~M NtAip and pnmwee Longstr u, as a tegvnvd I I, L U' 10,111,111;% I r
ftrranitl, pro%ssiond srnscrs <av1 irviusrnd,',nter
In recent years Longview has groan uw i rv;•I, n.I rn ,
c~Y
urban center • meeting Inany of the nen.ls It „ter
y r suttoundmg nine-couury service ares. Futrr: cr,l,rh •f'n lniitu [ ,I< ,I IIvnl . t V k I 111 JI.I FII l
s potential lies in identifying and h,lldtne csen nnorr d , i~Irly,
,
eY. r, the needs of our East Texas cirt;erss, Fume, s•r• In I
indusn its,
i '
Nuwheir is this oppxtuntry Wrote esidcnr rh,ut ❑I tke
heslrh care industry, Due to recent h,rplod . Leine:
in rural East Texas, an aging psswlenon and the nccd
for more sophisticated health rare, etnI is expected
to escalate throughout the i 990's.
1 Good Shepherd Medical Center and
Longview Regional Hospital are at the
forefront of this effort. During the parr
twelve months, more than $20 M 110)n in
new and expanded facilities ha„e been
completed. A regional cancer center is 14
4 ' also under construction.
In addition, service opponuniries exist in
the areas of retail, finance, professional
services and industry. The Longview
Uimber of Commerce and LEECO must s; s
M'St every effort to dcvtl,q and promote
litiswiew as a reg"nal service center.
~~Jir`s' r
~lra3 4 •
I ~ I'::.: tY# I~I
•~N s
•r~
k5
~M!
e- ll~ • ~~.Yilnl lsnl;xPitt['
I
E C U N 0 Ni I C U F Y F L O P~k, ApTj C~J.
OBJECT Study and planning .efforts will it dude `,,r,~_/,
Improve the image and appearance of Working with Texas Department of
Longview.
Ttvuponatlon officials and in crested pubic and
private groups to improvt the aesthetic
STRATEGY 1 apparanceof highways, lnterxcrions and publicly P. =
owned rights-of-way in dnlgnat eJ area
Implement and %mtvr she recmmendatlons of Action
Long*view• a Assisting City Officials with enforcement of land a r,
use and appearance ordinances and extra-
y
Longview City Council, Action Longaview terntonal)urtsdictionregulationsinsuch areas
Executive Committee and citirens must Support, . Recommending plants'' C promoting public and ' .
develop, implement and monitor the prugreu of the private development an3 tedavelopment of real
,Yy
plans and recommendations outtintd in tl-Is Action
Longavlew Strategic Plan. A thriving economy, estate adjacent to such areas
superior education system, low crime rare, affordable
housing, and recreational and cultural opportunities }w
are the basis for an outstanding city. By improving
the quality of life in our community, we will Cam an
Image for out city that is satlsfping to resldents and ; . -
I appealing to thou eoroidering out city.
Pro"k-,u image 1wIlding cultural events.
Longview should promote cultural festivals and s
recreational events which have Image building
capability. Recent successful events include the
Downtown AlleyFest and Oreat Testis Ballorn Race.
These events have unlimited potential for building a
positive image for our city.
These and similar events should be supported by
residents and incorporated, where appropriate, hiso all
marketing efforu fur the City of [.oegvlew.
fmprae site appearance of the city's pohus of ertoy mnul
ptfrttmy trawl Ahorougfy(ara.
B/ May 1997 the Longview Chamber o(Commeret
with assistance from the Chamber Transportstion
Committee must icudy our city's present and future ;•tFy:
primary points of entry and visitor traffic
thoroughfare. A plan for improving the aesthetic
sippearuxe dsuch areas should be adopted by March
1991.
Action Long*view a I1
rl:
EDUCATION VISION.
the St.nc Can,ttrolldt'p9ff of is I usu on mahWg
Ille stare's education system more cost elfecr[Je ?
.l Aeeomplisit superior education without sacnficingthe quality u(education. Rutdon
1990.91 budgets, the cost for the area's five
aild training Programs at all Independent school districts (ISO) differed by up to
levels by the year 2000. $1,000 rcr year, per student. The difference bemern
the sum of d,e budgeted cosh and the cast • if it were
possible for all districts to operate at the lowest
district's cost • is $4.9 million per yea:. This
difference creates an sspportuniry o save a pinion of
the $4.9 million per year • offering area school
districts a way to work together and mike out schxds
I more cost efficient.
I Numerous survrys and studies, including the Action
Long♦view community Scan, the Perryman Report,
a GLOBE survey and a Longview Chamber of
j Commerce report found that, in general, Longview
e area public schools are rated as gsud or txcelfent by
67 percent of the community. Hucational
performance is slightly better than average while
expectations are that performance should be even
better in the future. Physical facilitie' and
student/teacher ratios are fdvomble compared to the
state average
I~ y
Ts bfanY app rtunitin (or improvement were identified
i and reinforced during several public metcirgs.
U►+► A need exists to Improve p:cschoul programs, While
Longview and Gregg Counry furnub SS percent of the
tax revenue to fund the federal Neaditart program in
`'yI our four-county area, less than 10 percent of
ti• A superior alucation system which achieves F n9vi rt I eligible children are beirst served, T}ne
top 25
percent results in birth state and national averages is however, a reecentt appoprion ofaS s 0 000tin 1
ar the heart of future growth and success for our federal funds will provide a large boost to the
~J t community, Its influence is felt by local businetises prq".,n,
W atnd inJustrics who depend on cmrloyees' skills to he
compehttve In the marketplact; by families
attar.fable seeking A survey answered by 4b ra rats gave rove whelming
j,:', , quality education ucatian (or theirchildrtn;andby support to the America 2000 goals. Other
y our community as a whole which de ends an opportunities oz education o enrich cultural programs and enhance co mmunity meetingssw1ere el, minlation
of drugs and
,.r; Jul quality of life. A strong, superior educarion violence on campuses, consolidation of school
system is a rapalfq (ot economic development and tot durdcts and Increased involvement of pcrents in oar ;
L helping all 'fit ci -'ens odour community attain their schook
a full psxential j
n, • 7
d: Longview is one of the few Texas cities of its site r
w..' Reliable and fair khx,l funding ss also a major issue which does not have a state-supported college
both locally and across the state. Cirlaens are providing baccalaureate and graduate degree
concerned about increasing taxes and the cost programs. Adults and pro(esslonals seeking to ,
effective use f current taxes. Spending for education continue their education or maintain cerrificatioro in
comprises a Large percentage of the state budget and their area of sreciali:atlon cannot do so easily, No
i t a<.
s..
~Y^t'
11 • Actism Lnrigotdctatj
1
pGeIdaltem /L" 1J
state college in East Texas meets the science and
engineering needs of area industries. A quality t}j Cf %3 Il
education system must be put in place that mceu the / / Jit
academic needs of rreschoolers through graduate ' Limited capacity of preschool prograrfis,(ur low Ik
income families r
level, as well as vocational and professional students,
If rot, there will be a constant outflow of bright {
Yang People who leave East Texas to obtai •
n theft Insufficient broad-based parent and business
education Many adults who want and need involvement in GLOBE and o ther school
continuing education will be stimled or will face Improvement and support an
aus `
unnecessary hardships. It will be very d fficult for v
Longview to looter the quality of life that is Identified • Insufficient delivery systems for social Programs
With Progressive andRruwing titles. that affect I<amin¢ of students from low income 'families
s.•
► • Crime and violence on cnnspusa ±rfi~
WIIYI".raw al t s• • Lack of stable funding
1
• Greater Longview Organirarion of Business and • No s•,ate university branch in Longview =ri '
Education (GLOBE), Texas' premier coalition of
b ulness and education professionals • Limited offerings Gpm uue • ruppotted
universities in Emt Texas for Undergraduate and
• Junior Achievement activities in all area schools Postgraduate degrees in the sciences
for more that, a decade engineering progtanv and
• Community desires a gocd education system • Inadequate continuing education system 1. a
• Many Progressive education professionals
• Multiple independent school districts operating
v
• Above average K-12 facilities within city limits
• Above average teacher Waries
• IeToulneju University
Make quality preschool services r }
• Kilgore College with a branch in Longview available to all preschool age children
• Texas State Technical College in Marshall in the greater Longview area.
• University of Texas at Tyler with selected 1
J eout.es in Longview ~
EstaNisfi a comrieel C ds qumwfy
the needy and develop a
• Stephen F. Austin University with masters of Meajlcplan to meet nn,
education and ceurueling courses it, Longs iew ,
BY January 1993 ch. Longview City Council should {
• Ocher private and state supported colleges initiate a joint effort with she langview area school
within it 100 mile radius include East Texas State boards to crate a committee which will: tJ
University, Wiley college, Jarvis Christian
College, East Texas Baptist University and ' Define the area to be served if different from the
Louisiana State University at Shreveport areas served by the five school districts
• Eau Texas' first year-round school at pinewood ' By April 199) conduct a needs aw-urnent for
Park Elementary children of low income fanulies in the rice ice area
to determine the number and location of the
children to be served
:don Long*Oeuv • 13
r
E D U C A T 1 o N
J
i Rpendaga~t._.
E'ksle G - 99
S may. • Develop a plan to meet the needs. Such a plan The GLOBE coalition, formed in 1969, hu'tFt'ei
,will include recommendation, for facilities, statewide recognition for some of its Innovative
administrative and operating responsibilities and programs. Junior Achievement of East Texas, active
funding. The plan should be presented to the in area schools for a number of years, teaches business,
Longview City Council and participating ISD management and entrepreneurial skills. A number of
; , school board presidents by Decemb, r 1993, other organizations, such as the junior League of
Longview and the East Texas Association of
5 cy,r' This committee should cons st of approximately 15 Minorities in Engineering, are involved in prognnu
member representing the Hallsville, Longview, Pine and protects to impruve education in grades K. 12.
Tree, Spring Hill and White Oak xhool districts; the
Greater Longview United Way; the Longview Recent bills pasW by the Texas Legislature mandate
Chamber of Commerce; the Longview Ministerial that all school districts develop and implement a plan
Alliance; the Texas Department of Human Resources; for site-baud decision making. The intent of these
E and a representative from a public, a private and a reforms is to improve school performance by returning
churdi-affiliated day care facility. authority and accountability to the individual school
campuses and the people they serve, This will require
The ISD) representatives should be from the highest more involvement of parents, local businesses,
policy making level possible in the arei of community res dents and the prof isional staAof the
prexhooVelementary education. schools in establishing academic and other
STRATECY 2 performance ob)ectlvn,
ifs Establish
the orgasm tu~on to ca ry at The success of business and education is here:singly the plan dependent upon each other. Business knows what
~s qualities Its work force must have in order to be
The Longview Ciry Council and participating ISO competitive; educators know how to achieve ouality
p-A school board presidents, together with appropriate education. Therefore, they must work as parmers to
heads of other involved organizations, should create and sustain a dynamic, successful education
establish the organization to carry out the plan system. The leadership role in this effon should be
agreed to in Staters Num:~-r 1 by March 1994 , taken by the Longview Chamber of Commerce to
STBATEGY S organize and solicit additional business support for
I~ GLOBE by July 1993:
f:1't.t Support the effatn of East Texas Hionars Development
r Corporation (HUDCO) to expand the Headsiarr
' pram. OBjECT1VF.
The Longview City Council and the Longview Achieve America 2000/Texas 2000
i Independent S-!wool Ntrict should continue plans to designation for area public schools.
'i
r ex pruvide support and resources for HUDCO s efforts to
ski expand the existing Headstart program and construct SIBATESeY1
a new fxility In Longvlew.
s x Adopt Wheabfe America 2NWixai 70M 16ah and tit'
policy for their hnpfemnteadan by the year 26'%.
i X Q13,1ECT I VE America 2000JT'em 2000 goals are:
E Support the efforts of existing
• All children in Arneriu will star school ready
S educational organizations. t
s to learn. '
~28ATEGY 1 • Tlh.e high shool
graduation rate will increase to
Increase business and parental suppon of CLOSE and at Isar 90 percent r
om educational improvement organizations. • Students wilt leave grades four, eight aid twelve, .
having demonstrated competency in challenging
14 • Action Longtvietu
I
y
E' U U C A 7' 1 N
subject matter, including English, mathematics, should be structured to meeiAe en veering and
science, history and geography; and every school science needs of East Texas.
will ensure that all students learn to use their lr
minds well, so they may be prepared for By December 1497 the task force will:
responsible citizenship, further learning and
productive employment in our modem economy. a Meet with Tetras A&M University and the
Unive
e Students will rank among the first In the world menu rsity of Texas to determine the require-
In science and mathem ncq achievement,
e Review Every adult will be literate and will possess the findings of the Action Long*view
knowledge and skills necessary to compete in a scarier Eduction Task Force and the Community
global economy and exercise the rights and
responsibilities ofclti:cn%hip. • Determine how other areas of the state have
s Every school will be fro F drugs and violence secured bench campus
and will offer a disciritned environment *Recommend plans, Includirq financing, to the
conducive to learning, City Council and the community
These goob should be fully achieved by the year 2ooo.
The Longview area school boards should be
respor-}stile for carrying out this strategy. OBIECTIlB
Create a more cost effective school
OBJ - Tl system.
Obtain a state-funded junior through SMATECY I
graduate level university facility to porrn d rutridins east effectiveness improvement task
meet the needs of Longview area force, representingsAefive aredsdsoddisnlcis,go lrttprooe
residents. cost effeco rnezs.
CCVu
S~ATEGY 1 By Match 1997 the City Council should tegtKSt the
Longview area school districts to appoint two
representatives • one from within the school system
Acquke d state urusrrpty braricA rxVw in longtdew. and one from the school's community . to a team
charged with optimizing coo effectiveness In out area
There is strong public sentiment in support of a state schools This task force should:
unlversity establishing an upper-level branch in
Longview. The University of Texas and Texas A&M sldessn(I, opportunjtles to reduce wets by sF-ring
University systems have access to the Permanent resource
Univeniry Fund, the proceeds of which are used for
building corstruction and equipment. The strong QStudy "bat
alumni support base in Longview also could be school districts, to, Identify with the five
improvement
activated to lobby for such a campus. This opporml ties fat our clotricts
undertaking would greatly enhance educational
opportunities and will require strong public supsart a Report annually on Improvements and
includfns a financial commitment and authorization recommendations to the schosvl board presidents,
by the Testy Legislature, superintendents and the City Council
By July 1993 the expanded OLOBE organization j
should form ctask force to develop a plan to establish I
An UPM level branch of Texas A&M University or
du University of Texas in Lociriew. This institution
r
lion itmg*s4:w a 15
i
CRIME PREVENTION The teluai„n of crime should not be ewe eT9 is
a pcdtce function. Because crime affects all facets of
VISION: Reduce crime agailut our r.ommuniry, it st;Ms to reason that an effective
crime reduction effort must Include everyone, Out
persons ami property to the efforts to reduce crime should be focused on three
~.y
lower mie•third of llatiomal major are as
n Police service delise Our citizens believe that
clime 5fatistfc5 by the year 2000. greater police presence and visibility would
sigmh<anrly corimbute to a sense of wellbeing by
deterring <nme m out ncighborhixAc
_ _ siatn~
k. Drug educarion, prevention and rehabilitation
treatment • The drug problem, which includes alcohol
1i as well as illicit drugs, is a major direct and indirect
factor in crime in a community, It is estimated that at
e' Ieast BQ percent of all serio, s offenses involve drugs.
i
• Lack of jail space in Gregg C o unry and the Ciry of
Longview . nit shortage leads to the release of
individuals who should be incarcerated. Without
u sufficient )ail space the crime reduction effort Is
severely hampered.
I
.•t 'k''. Lon 'feu'rs.,$CTengthat
• DARE (Drug Abuse Resistance Education)
Program in all 5th grade classy
• Longview Police Department support for
Crime is not a new phenomenon to urban America. community policing
Its presence has, throughout history, reduced the
+ quality of life of our towns and cities, The reduction ' Aggressive pursuit of drug enforcement
of crime is an item of high prionty on our nation's activities
domestic agenda.
• Existence of the Drug Task Force, a community-
Through the Action Longsvlew Community S,•tn, based pnagam funded &aough a Iocal and federal
cltistta of Longview expressed a desire to de,d with partnership to Involve our community in drug
' the problem of crime in our community, Thee is a prevention
consensus that both ctime prevention and the
criminal justice system need improvement. • Neighborhood Crime Watch Program in place
The feeling persisted throughout discussions with • Active Longview Police Department Street
citizens that new, Imaginative and sometimes bold Crimes Unit
approaches should be taken :n out effort to reduce r
come. A partnership between police, citizens, the • Yelp End Auto Theft (H.E A.T.) Program
i busine o community and the court rystem was often available
s,'CL¢ suggested as an essential ingredient if we are to
' j address successfully this problem.
16 a Actium Longiti•cw
I
h I ,\i E p R f t' it T I U N ~
av7rli;r3Fi0 1..1,_
't tg~
Lars ~tw's Weakness s; FKO nnel does noI pertnirthe fuli t Plernerxatien
of rFe concept.
• No consistent or comprehensive drug abuse
'
resistance education in grade, K•I2 • Tl,e Police Department should provide avenues
to encourage community input, Lui& .landing, r
• Possible insufficient police manpower to ac:ertanceandsupport forcommunity policing
implement citywide comirr icy policing F
• insufficient jail space
• No tn•communicy drug rehabilitation facility Programs so enhanict communic:aotr and dneiop a strong
Partnership between Lorpview citizens and the police
• 1%%ufficient use of Neighhirh od Crime Watch ?4d-mwn! shiwld receive priority attention. 9
Progra m
The Police Npartment has developed many programs
which provide mires: an extra level of police service
and a greater degree of neighborhood and business
security. However, many eititens are not aware of
QBIECTIVE these services.
Change the way in which police By Octobcr 1993 the City of Longview should
services are currently delivered to develop a plan to give exposure to and provide { ti
the community. marketing suppon for existuig programs such as.
f_
• Neighborhood Crime Watch Ptogram yes
• Help End Auto Theft (H.F.AJ) and Y Y ,
Expand concept of community policing throughout A, Brand- it Programs s
Longview Police Departrrsent,
• Home and btoiness security audits ?f
Community policLtig is a patttrersldp between offices
assigned to a specific section of the community and • Property 63enrification program
citizens who live and work in that section. its goals r
am to identify problems jointly; to develop strategies • guild Ideatificatio: - tmvawi
for solutions jointly; and to solve the problems `
together. In addition, a new program providing advocate for h
crime victims should be developed by the Police's
Community policing alms to reduce crime and w Department and Included in the 1993.94 focal year
improve the quality of life Uourcity. budget. This program will help in the commu-
nication pnv ess with citizens victi nixed by crime.
CaQmtusity policing is understood by our local police
coatrnand. They are in the early saga of asdying and
Inplementing this concept.
t i
• 11he City of Longview Police Department O$]ECTIyl~
should have a strong orgarslationai cumn,ltment
to making community policing the dominant style Reduction of drug use rhould be a t
of policing in Longview, major priority.
• By October 1995 community policing should be
fully implemented and staffed with an officer STRAIFAY t
specifically usigrnd to each bat.
Implemenz the rrcornmendaclons of Out Lonsgdnu Drq
• This expansion should include adding Task Force,
additional officers if redeployment of existing _ Y
Aedon L nig+tdew • 17
i
• llrr il, ric,t 14u,• I.i.i fr•r,
%
{{y ~ ycr ii I nC .i. r c,r,niuunl s irrn, n3 i Lil:,{ d Ir, I ~ l ltA I i
- prrvcnunp Ile ,f•u-e .d rL. ,h, .'I
X11 rl l r d' I, f rlfr.41 (i
_~ti rhr nitill tc,l i. u. c c~niln llnlll n G fi. r~~n ~rl.{ 't+rlr. vrJr hvl'r. ehrli 1, rnon rtrrt.7
r,rtalnrant: un rn~ nr i!. rn. nti,i, Irs,J ll. II nnm('. r ul {vil I1c and ~nvatt' aeenucs r
,r Icnrlnulileeri~e'..nnrnuili,lrr,,,lr try
I.ar~c 1,a r,nl•I,n1, urle in,{~,lrrr ~nnrI .lrtir perare
's 6 rrhahllurrnon rr
t hef r, 1r~~,l •rnI ir~lr, f6-,ceFt~~rI d„ nrrr ,Jcynarely
❑r,•1 rc},rr 1,Inv II ratrc} or
if~~ I nrrlc,r I • 'I l""~ I~ n I~ h, n n r
rnrent.
r rr rrc, l r
~ druC '[n!' I c m r L u, rl~n ^rv in It , r,.cr:•xuW!r.y
I, 1~ I 6 1 ?'c`t herlrh' Invoke.{ in o
carne
" Jdu
'f efi1 ,•In2 the mnlunrI , Ito-, i(v
rn arc iA u`e Jc~~hrd.uid orlii r ! ,
rl,. r 'rr~'e C.mnr, ('~mnuccnnc o'
vl{'F$r17t(:1. 2 ' 'uir .I tuIJ .rl I',~Inr I e,oolrnntco enlnrascd
w
I rhr i,;r ncl~•, !n~ rnl„rccinanr ar
l)r'c rt,f~ n,vr,l ,lrw•., r. r lr,l n II l u n, I,enctcs and
?n.ui ni, ly,li (iu„d $he h
r L~o~narn,maP>r{~,.~id,:,r,l,c~r~ I'cit l,r, L,r~ "rrt Rc~ r crd
- f; 1. , I !'r r, fl,~ r rl ,,1. ~'I,rn Il (focpual,
~I' me 1'a lcc Revlona
" •I~HAhuse-Real,ran,v 1..)ucAnn,n (DARE) is ,I tccl~11
f b ul d krrv.iulon Col I,
Lac
lltllr„InIcIInJn .-~Icu>-i~il and Drug Ahuse,
'7. current IwLcr (Irolaain ~r c-L}a,r druu aluraur~n
in IN ha,f.+ t L,vrc'rl.,s P1oII Itslm.menr, and
„ octheradcn Thishrctr,nu•h~,ulJ 11~hin,~It,- Ii,rri, a
nd Juvenile
carp in uC
v:
.•!he xhrvl de,rm 1, di uld acrd wrth rite 1 11 "'r !In Ir,rr r, r rh; l r Chug T-Ir Force
Uepe rrmcnr and 'oh.c vnc.n f e- I;, 1
ocher cr~l~,n,•,mrg o cncles rt, n,r In
N111; the conunrt[ee to:
develoP drug ahu, n•slc p ry.
rurce ra r. m. m evc•
grade.
i
S', I
I~
.y
I
k'
s •j
r~ s
i
nI
. Mr
l,y • A(lion L,fig~ruu,
0
i
• [Vine treatment nehis • Due to signifiant fixed cunat iuctwn co r., +
building the facility fur G;ture nc,!V.~ t.lkf
• Identify the appropriate ON and sire of any advantage of constr ioneco,inmrv.. Y
recommended facility
• Establish the cost and identify sources of • Contracts with Gregg County an, cities t„
. use their prisoners can prOvtde sourcess or
fundtng revenue to oi~Mrare the facility
• Define the appropriate management for the
countywide treatment fan4ty
• Nftne the appropriate admission process
TTte relort from the committee should be presented
to the Commissioners' C art and the community by
September 1993.
OS ECTIVE
Expand INal jail facilities in a
Coordinated manner,
s"-~twTECY r
j I
{ pint ani ha'ld a new W.
i
! Due to a federal court older, existing facilities have
filled to over capacity far sooner than originally
projected. Otegg County Is in the process of oex
acquiring property to remodel Into a detentlon
facility.
. The new facility should be large enough to
house all Gregg County offenders for the
foreseeable future. Having to release know:.
offenders because of Inadequate jail spice is
simply unacceptable to our community,
a A faciliry large enough fox the ftxesealle future
means building now for capacity g.eater than
Current needs require. Excess spece can be used
for contracts with federal, state and other county
agencies who need additional prison space and
will pay Oregg County daily rates to home nccir
Frisonfm 7M additional revenue will help [acrd
the cost of the facility, However, first priority
must be given to City and Gregg County
prisori
Action Longstiew s 19
ii
I
1
fsj r,7a,,16r ;
r t r
C~J7L URAL 6W Longview Fuhh49L1b1dtyla.s s.~JrfV .'uituraI
{ urganimoons i-ifiy ptrcent of thl! ! el 'riltd
RECREATIONAL l.ongview's parks, playgnsund; and splcrta ficshties as
good." While a strong base of cultural and
OPPORTUNITIES recreational activities does exist, the community
VISION: Identify and voicedtwvconcenss
• Presening the quaLrv and expanding the
{ prioritize opporttltlities'Or itrt' exnringfaciLnc;and rnncs
; probing cultural arul recreational ,A,11rib , i s;rcntcr variety of cultural and
activities forboth rVSikllts and re<rcanondnpp,sninu;esfor rhefuture
~ j
visitors by the wcv 2000. Among cnrens sunei'ed by Anion Lnngivtew, tit
per,.enr requested addnion:ii park and tmd space and
b'9 Ftrcent foresaw on m:rxcuing nccd fur cultural and
r +',•"i recreational activities in the future
- • +1 Many citizens also expressed cencem over the lack of
coordination by area cultural and recreational
organizations, which results in duplication of efforts,
conflicting schedules and inefficient rue of funds If
Longview is to have a growing, thriving cultural and
r ' -y t recreational community, the various agencies must
7 ,r work together. If city government and these agencies
can become partners in providing cultural and
~s recreational opportunities, we will keep more
entertalnment dollars at home, enhance economic
development and make Longview a more marketable
P community.
t}~s,
s Active volunteer bve
• Strong public library
f ,
• Quality school sports programs sued facAities
_
a A Capital Improvement Plan (CIP) that
identifies some cultural and recreational needs
p. Longview is a city which has long valued cultural and
t"reattonal activities. Our community nxoptsi:es the a History of local governmental agencies and
significant tole these play in our quality of life and in private sector cooperation
r enhancing economic development. The iii
I Longkview Community Scan showed 95 ptrcent of
ti I,gnpi rs wtaltnra,es
cititetu feel recreational i"vnumties are impv[tan6
More than W percent of tvfundcots rated the Gregg a Inadequate performing arts center or could.
County Hi+torical Museum, the Longview Museum p'tur`o"
and Arts Center, the t.ongvicw Symphony:cod the
► Irnid-quate funds to fully maintain and expand
parks and trail system
Q..
c
20 • AccOn Uwpiliow
1
i` II
i
V L L 1 L P , L l• r, l , r 1 r
n
. Lack of cooperation and communication Themaaterplan is
~3(.'iclude:_
between cultural and recreational grarPY,
a Construction of a civic audrtonurnfpetfhming
a System of promoting conventions and tourism arts center
perceived as confusing and inefficient
. Development of a multipurpose, covered atena !
. Fairgrounds Portion of the Longview Activity
Complex rtnamtrictive aid lacking in parking and a Renovation and improvement of the existing
restroom facilities fac it i t ies whe n feasible 1
a landscaping and aesthetic improvements~t~ ,
. Cost estimates for all facets of the muter plum-}4 t
O]3JEUIVE SIRA3 GY1
Create a center for activities in The devclopment6uordshould prepmeaJvnd;rgpbI .
Longview that will enhance tl.e
This funding plan should be based on the ma ter plan
1. •r
cultural and recreational oppor. and the Premise that the taxpayer is not to be i1
tunities for Longview residents and overburdened.
The funding plan should include consideration of
j STRATI GY 1 bond financing, if needed. The funding plan should
be approved by the Ciry Council and that pomi)n
A master plan should be developed for the cunently the 1993 update of the CIP. nt should be Included m
available grounds at the Longview Activity Completes
(Maude Cobb Acd-- ty Center, Lcingview Fairgrounds
j and Exhibit ButUng), STRATEGY S
By January 1993 the City Council should appoint a The development board should study and ewxluau the
development board to create I muter Plan and to
oversee the systematic development of the plan. The emio+v mrtet3o~ of o °o~ actnnry eompkr, a>r
development board should represent local users, Opcions such its city or private for-profit management
convention promoters and the ethnic diversity of should be considered lad a neommendation made to
Longview. The board will work with all Interested the Council.
groups but will not sponsor or promote activities
unless directly related to the development of the Orce this decision is made, the following charge
complex. should accompany their explanation of
e The Arse duty of the development botmd will be resiPotuiblildes:
to choose a suitable name for the available a Solicit ethnically and culturally diverse
grounds that defines In purpose.
programming
a The City d Longview should fund the creation a Solicit a variety of music concerts, plays and
of the master plan. Subsequent devebpmene plaits theaislcal pmxluctioru
will be included in the development costs By
March 1993 the development*boterd should a Encl" pmmexe and mist local organisations
interview and recommend to the City Council the sd their Progrars relate to the complex
Amu or profeulonals to design the muter plan.
The plan should be Included in the CIP by July
1993 to coincide with the fall 199) city bond
election update d the CIP.
f
t
Action Imptdew a 21
n+ c* ta t 1. t< t o I I U N A L U P
U. N,-I- T I E s
} ~7}~T.4 iota ~ l• the City Council should~~ in
tly~r.
Etrduate the rat rent systtm / r reosr t funding available for parks and recreation the
P rn.won a~nsm ngraurn uu and 1993.94 budget. Current tendencies to reduce
d parks and recreation budgets cannot continue
. The City Council should review the history and without park closures and reduction of facility
nxwd of promotion of conventions and tourism yualsryto Longview. If they deem it necessary, the The PALS maintenance budget should be
Council should hire a consultant to provide increased as additional facilities and acreage
expertise in the area of convention and tourism and/or respansihdities are added.
Promotion.
0 he City odminisl3in shld study the
By May 1993 the C-i ncJ should have in place (e
arbil ty of combinitngtgroundsumaintenance
a planforpruntottonoft ursmand rewitmcntoi' functions of all city departments with
.omrntions.
recommenda;io u to be nade by May 1993
QBLEC'TI VE Ac luire and &tel~p aid 5 ms(parks,
Enhance and maintain our present 'The City Council should task. *concerted
facilities while building more parks effort to obtain the property or acquire a long.
term lesse on the property that currently houses
and trails. the soccer and T•balI fields.
ST6'fTEGY l • Thai City Council thould fund the pa•k land
r Orl!orJte a s acquisition for the Spring Hill area and park
pu'rs association to idennf) fa<,bq needs and developmtnt of Hensley North and Walnut Htl'.s
Ptorrote communicca onn betuven lord sports groups, within the time frame ctntently provided in
CIP. The Spring Hill park property die
The City of Longview Parks and Leisure developed within two years of icq isirion. A
* y 'rt Services (PALS) should initiate the organization come ned effort &&,)u Id be made to acquire acreage
3 s , of the association by January 1993. fa a large (100+ acre) POA
by the year 20t10.
asse a spur sports association
plod formulate a awls • The Parks and Recreation Advit,ory Board
should continue Its efforts to establish a parks
:..ice • s +
ti a relates to parkas facilities by January 1994, foundation. The foundation should solicit
PALS, in cooperation with the sports donations of and, fungi anj volunteer setvkes to
benefit the
park association, should develop a pLn to meet these
> needs to be included In the spring 1994 update esf MIAUOA
theClP.
Expand the system of commttnfry trails for walking,
+ The sports asodation should be trade up of Jogging "abk)4rg.
repttsentativea of current user groups 0f'tIty
• . G ',V r
•s:
r' • vtcilitla and other interested groups. • The Ciry of Longview dtnuld develop a plan fix
i" an extensive connecting trail system in r
r` ~ `T coordination with the CIP lnvwigation should
r' bt made Into mulil•oblectire land use in the
.•j s' ' Matnsa'n, enhsrsce arV rertouare air srypro&e a➢
t ; fmik6es. present draltutge basin The plats shook! )K completed by
Match 1994.
"y • The City Coon it should fund ' The acquisition and development of the land
the parlu ttsh.vcant.nt ptr)ecu in the CIP.lement should be coordinated to etvure eligibility fits state
a w
f ~ ig~ients. tAppropriate conscu:tion should
11 A:-don lamgtview
AgodANP
A~endaltEni
R
OBJECTIVE
Create a Cultural Affairs Council to
promote communication, cooperation
and coordination between the various cultural groups and agencies
i
in Longview.
tit
r ~•.cate cI Cuiturrt! AJr rna (r to ul
Ilrc (_rt1' h, u!d ft' 'I r.'i rnrn .t lq„r III: ► y~1i
.t~
t1, 1is oI. n 1111 CuiIIit,, At,nn, 1 Il,ri, r1 n, intiyw., 1 t i ~ si
i srra~hn,nl n,fa.nynl r,II
"The ~I,t cn,houlJ uutL,rr r!d %it I.,!
In<ciinp.
• e`
j ~ IIl Urt!\r IP (`k ItLrte InrilSl nh• r11\t~ .h.Iblj ~ ~ ~ Y
be tu, dc r, :!I lr•_eJ for nretrhanhq . ♦ - ~'a t',
i "The Cultural Attalrs coun.11 sholrld he +;7
renpun ILle for promuong a,orelama between '
cultural organizations, )ntnt rrugramming, QDLECTIU
eourdmon„n of schedules, shared FaciIiiies and
expert;e,and«xardtnationof y,vhliclry. Preserve the cWtural heritage
JEeMfx1 of downtown Longview.
.
The Coleus! Ajfrtlrs Courkr! shouLl w/unn and educare
iTBdCSrYl
the public nl>,at Inc cultural n• tiei[ies ro,,l opportuninn
aauLdlk w I~nrntcwThe City Council should support Lmtgview flouawlrm
t "The CuAurd Affair Coon, d should encourage Laaeloamem Corpnation's pLrn for chic Hundred Ames
cultural groul•s to rnnke use of the Longview- of Ifenrageand the Smerscape
Neors-Journal's E o,t Tews Calendar of Events.
-floe (:ity Council shonlJ mist the downtown
"The Cultural Aifial,Utuncil should encourage Development Corporation in re-creating a
multi~<ultutal particlrotrun and programming, 6 historical park by 1995
-The Cultural AfLs'rs Council Chnir should "f he City CA,uncil sh.nlld pr>,'eed with <urMht
rero,t annuWe to INC City Council rcg.rrdlng rl.lns to begin the "rrcet;rare Project ,ooh dis s
cultura! activives in tthe community, IVmlablc fund, in Ia+?
"Fundy for the completion of the currsnt t•
Stne,scape should be included It, the next C'll'
hand elect On.
%s
Action 1.onq•ticto is 13 cr;
' I I i i \ ! 11
HOUSING VISION:. ~~;~ea~`t,'~ `(w~~`,~ene ~r;3 eat of
Make acceptable housing their income on housing. Renal assistance is
available to only 59 percent of these ctn:cns and a
available and of flYfdable to all seven year waiting list exists.
'v through a eombituirion of public Statistics also show a chronic shonage of 'special
y' atul pnvate endeattors by the need' hewing Of the estimated 480 homeless in our
.;4 community, two exutina shelters can serve only 95
persons on any given night. There ale 180 mental
rneat 2000.
healrlJmentallq disabled patients residing in Gregg
County 25 are shelteml in a halfway house program
T?,e Women's Center of Eat Texas can shelter 25
zbned women and their families. The local youth
center has a capacity of 13; from January through
September 1992 there have been Ill yixuh runaway
cases reported.
While the statistics are less than favorable,
10 v opportunities for improving housing in cur
commurorydoexu,.
1l 1 PL Interest rates are now at a low level, resulting in
4} x Mt„ increased housing uEes. Lending institutions have
special purchase programs available (or low-to-
t income families arid are actively developing
' Community Reinvestment Act (CAA) eligible
projects. These financial institutions are Interested in
forming a Community Development Corporation.
The Eat Texas Human Development Corporation
(HUDCO) is intetested in a housing related or
neighborhood revitalitation project In Longview.
New HOME Investment Partnership Act funds tray
be available for housing and neighborhood
revitalisation. Longview L4 In a unique position to use
°i the talent and commitment of a good crow-section of
our community to address these housing needs and
opporturslties
According to a recently completed Comprehensive
Flowing Affordability Strategy (CHAS), Longview LQa°_i..sF uwilk i
housing needs are great and resources are limited. a Active Habitat for Humanity and Operation
For example, no new apartments have been Clean Sweep prograrro
constructed in the City since 1986. The current
multifamily occupancy mte is about 88 percent and a ]Established East Texas Human Development
the number of habitable housing units is decreasing Corporation (HUDCO)
The number of housing units demolished has City sta[f e eriencedwithhousi
surpassed the number of units eorotnscted for the pwi g
two years. Housing siarts and the platting of new interest in he using sssd ncighhorhood teritat
esidential ion decreased dramatically after 1984, nation from financial community
a Good occupancy standards fot multifamily units
.T y
(triplex and lager)
14 a Action brirvi.vu,
nvy
ffUV l~
5 i N G Agenda No Agenda a
' Sabine Valley MHMR Center planning hawing financial executives I~tia ^_l~ ~3 ~7
1 for homeless, mentally ill and Fll Positive T
JO r.
persons. ' Be able to finance a wide range of activities
' Active local build""', tealtors and a anment from housing to economic development, including
associations P rehabilitation and new construction of single
family and multi-family housing.
l.ons*[iew'" llo_Jcnrsscs: • Become a new source of funding for afforJable
Lack of sufficient federal funding for all current hloans and ousing in Jesit natebd areas of L.ong`'iew via c rat
activity il nancing,
r
Estaish an effective ' NO history of municipal tax dollars being spent and omlultarion with community ~residen sutreach
on housing
• No communiry•based houinq organiration as 1993
t
Be 4tablished and , "The City d Longview will fund minimum w Y
required by new federal programs development coats.
' Cuts or no growth in federal funding for homing
programs t
• No Occupancy standards for single-family and OBIE, I
duplex
Effectively coordinate and operate
•North/south contrast in hawing quality low-to-moderate income housing
activities in the community.
S.T.BAT'EGY 1
B MU Establish a Community Housing Development
Provide for expanded home Orf*mttanert.
ownership opportunities. Clrittm most in need o(howing should unite around
a specific project qualified by the CDC, This effort
STBAiECY 1 should be the catalyst to form a Community Housing
lkvetaI"imt Orgartintion (CHDO).
Drvelup a Cornmr,rt+ty Deve(opmrnt Cap,,rotiots.
The CNDO will:
The Cry of Longview to continue its efforts with , Private,
the local b usEn,ss and d financial institutions to "Be establ"hed as a grew-roots level
establish a Community Development Co non-profit organisation for the purpose cf
(CL Villa Villa "Hon is in the planning stt&," ags and providing decent, aNordable housing to loeoto•
should be encouraged and supported. modetacc Ineame. persons
The CDC will: "Be governed by a board of difeccun consliscing of
' at (earl one-third low income Per-041111 or residenu
prone Be established o as of either a for. tofu the arson, of is low income neighborhood • with no more
organlatin controlled by the private thaaone-third
appointed by the Council arid one.
sector. Isis purpose Is to focus efforts on el VV AWbythicCNDOsposuor
commuNq avitalimciom
' & governed b aboard of dit"t"o"' who are aOEE"ca ie a
lt m DeVirtiatlon to operate the it lop appointed by the tsvtlcudoru which contribute roaW to advifatu the of fi: esstoor^ows pi eoloecr
enn to
funding and consist of local business and dftiv%. b<ation, development andmattagement.
Acton Lmpiizew a 15
I
q
r""I r'I O d ~i' 'X%
G
k
r, I, • A a~Od'Ia1+l~ ~
III, '1• I• rr Illlri. 1.1 I 1 I It rut I In II IJ~~I ~~u/1 tII ~ _.1
od.brn1n, I I %I,t.1rr I nll talcr.,I hln.6 u,11 kill, 1„bl lilt ill-l"
mrt" - ~
c.im d liar hi, the (:III K 1 j ~Q J
..f'. • Work with hn,meing n,ln the ( U1 I ,1 ,11111 OBIECTIVE
• tfra ('try III Lknoile d, llou,mo ollnlul, Il.;,r r,,
Create a centralized organization and
min.lgr and uperarr Illw.l+l.lu,,,l~r.uc In: n:r
Y h1vNn¢aenwnelmuura❑u111,rnII1 policy for housing in LongA•ii
t •"ji
"5'_=,y~rl, • p•rl,ouu an 1.fduronal aoulcr 11f IuwLn.; hn `TILA•lB;I I
JI-Ord d•Ir h1n1-m~ Inl h1•Inlu rch d•liu ill ;I ud
r1e,k- oot rill, a rnn •u1;•Ir Maul ll it II 1nu 111,1m111 1;l, r''ay'rn1 i, •I nr71r I'u I'~ I•rr, Il
unlr+ In rmge(ed IIIII r11 nu 1d,rlrl' n1, 1, 111 rr,r_.rnl •5-,
no tIeLk A. 11
I ip 111. I•',1_"6 I•II\ rlnIt l.rIIIIL.'
• In lHA an c11,Iiil v nlrl llInl•In t. , III":I h ,r .I .~.111n mil
11)11111, 11 I IIy HIt II h"LII It 1. 1I 'rl[I•. 11 i'lll l,.: L I. rzl,lll' ..i .11Ir1
I rlr.; I,Il.lr.'vir.n"I•..t!. .1"nr; r\1r~r11111In
1 • lie r,l 140,A u1.1 rtrm. 1.1 I Il,.11L11 rr '111• 1,1 1 In:1It
1 IIYI. dhr (ire Ill, 11r1~1I,'N' gill 11111 111111'11111'1 I rr~ 1111- ml,n 1 1 b 111 I', ylHL1I'II11,1',! 1
;.did Iv,el•q•mcnrc,l,r, 11 vrlkrn1~• 1 una111 '„111 um prn„~rnn tnr Iu11
n. i I I t'll II f.IC!'. I,II I 11. , I. 1.' 11 X1,1 .I, .
rIRAILQU u1,1;rit, ulcrnl, 6,nllIL . thr,flrr[y e,.1 1. 11,II.1.
cn r: f Ind r; m•rt1 rn 11 ha1.1n:. it I lo.r1,4
Ill 111'Al 11•..
i,.the k r'el of awkreivk, reg,njhnS huwwlq pny ~7,lr1h
:.Ikelnnmrlin J.inwrvI40the Glvof Lon>aICU aIll 131rH.,u.nIJS]InrnlmokIIall,III[ m,Ili 1dllvdlllIt
1. 16 . I Ike on the ,vddulonol re,pon.lhtluv nl.lct n, I 'IV,IIIII•r~1r, h'r. Irk"I,'1u1t111,11hlUL:r16111
lrannkh,w+se for hou,il necde end npp,l tum(c> in
the community. Relpon,IhtLuee Include provldlnu • f ,.1lnunenJ f lll,In; i-11, le, mi 1 1+n)¢r,lnl•
m,lulln; rnu•r IL.1t ruc''urlce the 111:lrlupme111
~ nl LitI In¢ br Illh11! r 111i11n11'torMIn I
,~p • & n cll•aringhau,c Fr;r
T' ilt' Icfllcm !,kin nn homin'=
1
- ,.rk,'' 1: ' • Iii rca,c puLLc a'earr•
l, 1 ~j,;'" n,%, afa lur Mimi
g I ' r • \I++t n tl fr 111111anI al, r ii in.
w in, pnlli
' G
f
• Pralmc the rcawlrcc for
f•r <,a~'.r4~ # people In need of com.
j ' ~ 1 w+(1 ~ ~ r 1~ ml4nll f A'f Vlrrl
ray, ~ t, 1~
I • Y
1
]1
M1~ r
k,
;Ii • l.vrnnl 11nt~;+i rt.
1
T
If o U S I N C =,Qanda No
Oate
• Identify potential role(s) for City Government in r' JY
housing production activities
• Address the norW3outh hour ng -ontrast
STRATEGY 2
Make a public polity co,nmitmemt to housing m Longtiew and,
support it oth firm -W raowas 4
.t
Not enough private sector incentives exist to meet °
housing needs in Longview and present public progmms 4
do not adequately address these needs. The CDC cannot
be effective without strong public policy and some local
funding resources.
The CDC should develop a support program for low-to'. 4
moderate housing needs and report the findings to the
Lonwiew City Council by June 1991. s
X~' - -
The program will include: OB ECTlVE
• Provision of public financial and/or regulatory Develop community pride in y~ic
incentives to the private wrot neighborhoods 4nd homes.
• Provision of direct subsidies to those in need of ;•?i
housing ?~L
• Direct public provision of needed housing stock and Clem up cur nd&, haodn. >
related services i
Longview City Council should:
• Development of a publicJprivate partnership to
address housing ncedi in thetommunity, • Continue to support and expand Operation Clean
oa rep
• Funding options for alternatives (i e., federal, state
or local public funds; private funds; non-profit • Implement recommendations from the Lltterl5olid
agencies; or combinations) Waste Advisory Commission and assist neighborhood:
cleat-up a<tivides
Eneoteragt generd upkeep msd l mpsot t of property. L
Longview Ciry Council should:
• By January 1994 establish occupancy standards for
single an dl two-family residendaVrental un ts
'
.Fw.~
• By Januay 1994 enhance and enforce penaLles for
renting ■ dw_Iling under an order to repair, vaate or
close
Action JArtR*l'IlW • 27
i
°
I
Morritorirrg Our Progress
!`r Strategic planning is by nature actionsniented. Change • both with our community and with in
W" Progress on the objectives and strategies outlined society in general • will continue at a rapid pace.
in this report can be measured civet time. In We expect that the basic components of this
" 4 most cases, a specific organization or institution plan will be viable for three to five years.
is designated to have primary responsibility for
each given strategy. Time frames or target dates For the plan to be truly effective, however,
are included. adjustments will be needed on an ongoing basis.
A major update should be prepared every three
The participatory nature of the process was to five yeah. These updates should begin with a
designed to build consensus and commitment revised Community Scan and should result in a
Efforts were made to focus attention on a limited refocusing by the community on issues judged
number of critical issues to enhance our ability to most critical at the time.
act. A community education campaign to gain
" broad understanding for action and to sustain
~J public attention will follow the publication of
' this report. There is one more key to assuring
action on the plan's recommendations: a clearly
stared and strictly followed method of monitor.
ing what gets done. To accomplish this monitor,
ing, the
executive committee recommends:
I, The City Council appoirt a new execu-
tiye committee to monitor Implementation of
a: the plan and guide future updates as neede3
2. Membership be limited to 16 individuals
and include for continuity at least some of the
original Action Long*view executive com•
.,...v mitt"
S. Appointments be trade to ensure broad
1,4' community representation; thrce•year stag,
gered terms arc suggested
. t IR
4. The committee mat at least quarterly to
r,
guess activities and flue an annual report on
progress
5, Staff support be provided by the City
ft~t
• tf
R
to 28 a Action Log*iiiew
.t
iQend2 ho -
Firla"C619 Our Future role ~ ;
Strategic planning assumes that resoutces, l
particularly public dollars, arr limited and DEBT PEA CAPITA COMPARISoN o1 CITIES
must be wisely spenr. Uncluon eountl.r a WWII
1
Wt are proposing same m,ljor new e,~pendt-
tures for our hlmrrtlnir)' " but we d,),;(, lull 0 500 1000 1500 2000
a clear eye on our ability to pay, 1Are belles e - r
Odessa I,e
the Initiatives contained irk this plan arc a
necessary and rei ,in ible imestrncnrs in ol,r San Angelo 245 f.
future.
Pork Arthur 538 ,°='';C11
T-he eceompan ing charts depict our u}+Iluc
to finance thst future. On balance, our Midland -
community his been conservative with its eo9
tar rate levels and moderate in its amount Tyler
of public debt TTI
lONOYlFW 937
~ V64 believe these recommendations provide
A fiscally sound approach to keeping our victoria 1093
area competitive and a high-quality place to
I've and work. To delay needed Improve. Denton 1104
menu or ignore visionary opportunities will
only raLse costs In the long run, Richardson
sTas
b.aln.r .al ea r.rne ,
.AR RATE COMPARISON of CITIES
Unelueu Gaunnp 4 aeneelel
LONOVIFW a C?$
Tyhkr
od.ua 144
Victorla s
2.149
Midland 12.294
San Mpelo
7"
J J 1.291
piohudaon 2.315
Oanton
Pa! Arthur - `
2833
r'M
Action Long*vlew a 29 ei:r""•r 1.1 ,:4 awe 11 ~ a,1 3
ai
i
VIEiR' ACKNOIVI~S"'~l'il~?~ITS =-~~~J
ACTION LONG*
Executive Couvn'ttee: The f0tic' t g ira'ti" and entities weer ument it in
1 Mike Williams, (A,* making this final report a real y
[aMda Nichol, Co-Ckw
Brian Bunt, CoChatr Joan Abbott
4' ie'U Bud A w t in Bank One
Clarence 8a+1ey [bane Benton
y3i Jim Baugh Paul Boorman
Lorna Bonner Gerald Bra❑
LUVLSt Dyer Delbert Bright
Paul FoLenlogen Randall Brnr
Route Gaddy Trish Brown
Earl Montgomery Robert G. Bruce
an<y ~1urm), Demis Burrell
i~
Linda Butter
Paul Notion
Janis Can ion
J D. Palmer Kat}rerine Cargill
N•. ':•}t'> (Jary Shtver Audrc Carter
'y . Regina Taylor F11te Calton
=r sea City of lungvtew Staff
„'ts a Russell Clark
Ciamstharur 'rom Compton
F t James Mertes Mike Cra s{ord
e J. if. Creal
' a Vice Cant, Cnmt Pretension
City Su# Ilan ors r M Wid !me Davis
Victoria Wollert Alice Day
Isaac Turner EBarse Day
John N. Darby • Klllingsnvrth Oil
Ralph Draper
City Covru'a Mombers: Mike Dim
Martha Whitehead Bab Dyer
Tom Ha) rs t Etim
Nancy Millet CU, Hourlnt
Mark Pn itt D nu
Dale Simoru David Farmer
I.). Patterson First State Birds of Hallaville
Robert Nunon Brooks ilembter
Holly rorw
0wor, Cr(rwa1d Ran~Cgporm+h'a
Fenner Courted Membtrss Joist Fester
Lou Oaloty Robbk Ollbtesth
Joan Berry Jsck Ooodw)tt
Junes Hunt Oreatee Longview Economic
Eames Johwn Developttsmt Fotutdatlon, Inc.,
0. A. McLaughlin Ondie Hacltne
Vke.Cl„4,CWkwal9fie o s4ma1OPPrrmnides
Leroy Huutlton
Scon Himilron
Harry E Haper
Marie Hurts
Kenny Hawthorne
Joe Hendrix
I r
30 a Action Loq.tvic..,
I
Ap qda Item
ACTIOJV fONG*V[E1V'ACfq~OWLEDr4WNTS r/
f Lsrl I Lrkrl , l'
Chath\ I Idl'u rn ~'r dl; H Iola dl
~trphen Ilorlandor J.unol I~ay
l P,vChw Hrarme Irrhrt liay
1.'h Ilr, 1 'rum• 1'rn r grL'9
Itm ! 111olmn
S in Iral7r,int;cr ;
JIM I lur.r I~rhn C. Prlblvn.. I,Irbbul.lpln.lcum
\111o- I k CA'', Lid R rl rl t,• It
Ilrrre c lo.r ru
l f.1 R''hn•t
f\l h' I I r11C,1 qr 1 ' „ (4 ryl , 1, 4i p P ]I l v rl\ t •n
(SI,<nJ.IJ~'hn,lii nnamrr ~j
! .Vlq'I "nlr\ ( f'll'+\Iltr I •r.•• '
1t r ' l l l ~ we
J I'ns hirl llf 1 f ?f
l!'J-_ Il 1,1 r0 1 t u ] I lidl r,
Hh rK-1 ?'r,lr I'm'.L1 41 19) K1HN1KI.~QROw 1111rl.n, rya.p..v
KKTX R Idl, I' 11 au,m,
KLNIG 7V r\,111 1 I'ill~ll ~i~
K1, 1%,~IV ?S,o vr:w'uui+ j4 r
i('IFh Hadnl, nahll rcrn
r
Kltg rte ('llllrc. `I•rlnr, I IF rtatc Kink
KYK\ Radio
(n
! 4,n L:mdis I ` in St k Q In
t•lalmd.t Lenhart i \h'o
l'kC-CUF Gmumuc Oelel'rpm-rt 1110 t,iIfvd ~rolle
LeToumeiu Unievrary' ! t;l1dv ~rnrlit,i(I
I~me Stir Gc au;.IX-0 SFF~ Longvim Cahle TV C:hwrl Tayl
Longview InJustrial Cogarlti,+n a. T Rank
Longview News-Journal r.mt ti tce
Std Mallory TcxnsC+nnuu'ru Kink
(AUT, ro,n„mia Lxwl lpm"11 Chaet Tiro R E c.rm
J+x Mann,nyy, J+. . Tunier
Co c4ur, liryi n ( i
EAu, a+um ordon IW'srd
T
Mat uhun LeTswrnc,,lu f 1,rvIrwJ ~W 1W' w'a 1. i n
Joyce lslarrin
Tony' Martin I'ud 1Y isc
Char, 7CIhn4a[rtidlvl,n Cllmrnl`I;r A xhr l flrshan
ShirlcyMcCl,tin 11+hnny IJpron
Bart McCoy Ikhii 1'rruahi
Nancy McWhorter C}.r} ;reel
Suzann- Merritt. JIIV tWSillacc
C.t A Molina vrry 1YSlhans
I
Nita Mahe . Vkc/:I~q Cu1 ~ -1 N Frnaurutm - 1
Ed M kKe 7p twH'4t
Delores Morrm Richar t W,.,IU
I
Pau! Morris, , f lnm.n d Wrigha
Ronnie Mortis„n C, r Wn
Ckur, PK PR. l1 rdM'arwrl r
Charles Ncwhtwse
[krona Nichulxm Brand t Yoder
Barbara Nurran Paul 1'uwell
Scott Nov j lnit:i- Yelgqler
j Cn uv.r ! 1:rM1+ EJu(OS ei
fan Payton ~
li Pcgues-Ifurst F.IId
Joe Poll t]
i
I
Actlun Lr)Tiptdeur • 3I e
• 1
44erda No
Glossary of Acronyms
1 ~
CDC Community Development Corporation
CHAS City of Longview Comprelwnsivc Housing AffordhOlty Strategy
CHDO Community Housing De+clr-potent Organisation
CIP City of Longv,e.w Capual Imptovement Plan
CRA Community Re+nve mwnt Act
GLOBE Greater Longview Orgy ri mmon of Bustne3 and Education
HUDCO East Texas Human Development Corporation
I S D Indel•endent S,-.hooi District
I.EDCO Longview Economic Development Corporation
MIIMIR Mental health hlent Al Retardation
MSA Metropolitan Statistical Arca
PALS City of Longview Parks and Leisure Services
f ~o
I ~ r
it l
l
Y~
vy, ;r
L ,f
T. {x i r'
}
' 32 Attimi Iongitftu
I
TES
p-'1 J r1?1
Texas Department of Health
David R, South, M D. 1100 W" 19th Sum
CommLrioncr Atuda, Tutu 71736)I94 ROWS A. Mutwu, W.A.
Dcpty Comm ubw
OFFICE OF GENERAL COUNSEL
Tel, (512) 458.7236
FAX (512) 458-7290
FAX (TEX•AN) 824.9290
From:_ _
To:
FAX M~ 1.6261- S. ~I
SubJoctl - ~ ~11
01
0 of posts including M odo:-
Commeats:
Ilt"t check rlu 04AInI ado" 44'r the late pov, %you are not realm clearly, or ljyou hM 40
MUM K*h the trml,tniljyw,Plrut raw'ocr us at (512) 438.7 3d.
I
TEL "+C:512-45&---?4-?f
w
Texas Department of Health
David R. Sa lth, M.D, 4100 West 4% Stmt RobM A MuLan, M.D.
Comontesior►er Au.- 04 Texas 78750194 Deputy CooYt"ontr
12) 45&7111
Ms. Laura Gill, Director April 2. 1993
Ms. Melissa Williams
Mr, Steve Jolmson CERTIFIED MAIL AND
Hartfelt Humane Society FIRST CLASS MAIL
1840 Fort Worth Drive
Denton, Texas 76201
Re; Inspection of February 18, 1993 and Citizen compliants
Den Me. 001, Ms. Williams and Mr. tohnson,
On February 24, 1993, the Chkf of the Bureau of Veterinary Fub110 Health, Tax"
Department of Health, (TDII) wrote to lafonn you that the Hartfelt Humane Society did not
meet the aalnimum standards as pmscn'bW for animal shelters (the statute concerning Animal
$bolters found in Chapter 823, Health sad Safety Code std the regulations regirdiag Animal
ShOtern forted in Title 23, Tatas Adminietndve Code, Section 169.26). The deflcimles
were cited in the TDH inspection n:port of February 18, 1993. At that time you vokwurily
released $3 dogs end 1 cat to the City of Domm's AW=1 Corttrol Program. This loapliW
your dealre to suspend sheltering of toloWi and to correct the def lenciee betore resuming.
~i animal shelter activities,
Nevertheless, we continue to receive complztrsts from members of the public regarding
continuing activities, spocUk A4 the "string of anlnsate. TDH personnel coafutned tone
allegations In anorher site visit to your shelter March 19, 1993. At that time four yotmg dogs
were being kept in your outside pen adjacent to the parking lot, At least one of these dogs
was subsequently adopted. Cominulag etteiter activities Is a violation of the 'rDH regulatlotts
cited above,
If you continue to soelter snimaib '.without a satisfactory Inspection by Us Deputmctst, we
will have no cbolce but to nhr this tvittet to the Atturney General of Texas for
enforcement. Be advised that enforcement activities would Include seekiq in Wur don to
close the Hutfelt Iitrmane Society. Criminal penalties we also provided in the stature cited
above.
The violations we have found are as follows;
i
I
_ a? TI-E: tT::
w
eAarmr RUASS SQC M
PACs i
1
The violations we have found are as follows:
1. The general structure of the facility and the prinoary enclosures were not nainnined in ~
good repair: windows were broken, doors were broken, there was exposed and sagging
insulation, and the gate closures were not secure. (Violation of 25 TAC 169,26(a)(1) and
2. Food supplies were stored inadequately and were readily accessible to vermin and
rodents. Some food bags were broken and food was spilled. No systematic organization of
food systems or inventory control procedures were in place. (Violation of 25 TAC
169.26(a?(3))
F
3. There was no systematic program for waste disposal and overflowing trash barrels were
noted, (Violation of 25 TAC 169.26(x)(4))
4. No sick or other washing facility wan available for washing equipment, food tad water
mcepticals. (Violation of 25 TAC 169.23(axS))
3. There were no provisions for headog kevaels (except the oft* and grooming area). The
prtvatfing umperaturo in the kenmel art it the time of the 1upection wu 36' F (at 11:00
a.m.). (Violation of 25 TAC 169.23(bxl))
6. Ventilation was inadequate to same odor removal, (Vloladcin of 23 TAC 169.23(b)(2))
7. Lighting was inadequate to facilitate proper cleaning. (Violation of 25 TAC 16913(b)(3))
S. There was no prog= of visitation. Iattrior surfaces of the k+sawl am were dirty, and
all ueta of anlasal habitation were soiled with fecal material. (Violadoe of 25 TAC
169.230)
9. Drainage of the kennel area Is to tho adjacent grand, wbleh rum nfE to the creek on the
side of the shelter. Wdoor pent had standing water. (Violation of 25 TAC 169.23(b)(S))
10. The outdoor facility consisted of Ave fenced off arest with iuda"ts prowdon for
inclement weather. Ono load puppy was recovered from this ant. There were m meant of
entry to this area other than w climb the fence. (Violation of 25 TAC 169.23(c))
1t. Dogs in the outdoor facility were asked in size and grader, and there were to
provisions made for isolation of rick snlauls. (Violation of Section 923.003(b) & (c), HeAhh
and Safety Code)
12. No cat holding facilities were available; however, cats were being accepted. (Vlolation
of 82).003(b) , Health and Safety Code)
J
-E
HMTF&T HUMANE SOCWrY
FAGS f
13. Hartfelt Humane Society has not ever contacted the City of Denton's Animal Control
Advisory Board for assistance in complying with the regulations. (Violation of 623.003 of
the Health and Safety Code)
14. Inadequate records were kept of the dates and disposition of animals in the custody of
Hartfelt Humane Society. (Violation of 823.003(e) of the Health and Safety Code)
We will continue to respond to citizen complaints regarding your facility, and we will
continue to Inspect your facility as we are required to do by the terms of the statute. Wben
deflciencles have been corrected and you wish a relrapecdon, you may call Dr. Thomas 0.
Muniane, D.V.M., Public Health Region S, 2561 Matlock Drive, Arlington, Texas 76015 at
(817) 792-7247 or Dr. Keith Clark In Austin, at $12458.7471.
{ SirwArely,
4,yOG~'t
Satan E. Tennyson, Attorney
Office of General Counsel
cc: William W, Rosser, D.V.M., M.A., Chitf
Bureau of Vetedtury Public Hoilt6
ce: Dr. T6omaa 0. Mumaae
Ms. Ian Buck
Public Health Region 3
i
cc: Mr. Jerry Drake
Assistant City Attorney
City of Denton
,
1
CITY COUNCIL MEETING OF APRIL B, 1993
MATHRIALS RELATING TO AGENDA ITEM 4C
PRESENTHD TO THE MEMBERS OF THE CITY COUNCIL
i Mr. Bob Castleberry
Mr. Mark Chow
Mrs. Margaret Smith
{ I Dr. Harold T. Perry
i Mrs. Jane Hopkins
Mr. Jack Miller
Dr. Huline Brock
BY, THE BOARD OF DIRECTORS OF THE
DENTON HUMANE SOCIhTy
r Dr. Barbara Coe
Mr. Frank Hayward
Mrs. Mary Jones
Mrs. Bettye Johnson
Mrs. Nancy Noah
Dr. Charldean Newell
Mrs. Sand] Reynolds
I Dr. Marcia Staff
Mrs. Cathy Wenger
DENTON
H_ UMANE
SOCIETY
DENTON
IJUMANI
SOCIETY
April 6. 1993
TO. The Dented City Counell
FROM: Tho Board of Directors, Donton Humano S.>ciety
RE: llartfelt humane Society
Tho Board of Directors of the Denton Humane Society request the
t City of Denton seek an immediate injunction to close the Hartfolt
Humane Socioty, located at 1,900 Fort Worth Drive, until such time
the facility complies with the standards of housing and sanitation
required by the Animal Sholtora Act (Chapter 823, Texas Ilealth and
Safety C'o'ie). Such compliance to be vorlfied by an inspection by a
representative of the 'texas Department of Health. At least sixteen
areas of non-compliance were identified during an inspection of
llartfelt Humano Society conducted by Dr. Thomau 0. Murnane of the
Texas Department of Health on February 18, 1993. A copy of his
report, air well as photographs developed from the slidoo taken
during the inspection, are included in sections Tab A and Tab B.
The Department of Health's letter dated February 24, 1993 (Tab A)
states .the shelter does not meet minimum standards. As the
society has voluntarily suspended shelter operations, it in
strongly recommondod that you uuo thin opportunity to correct
deficiencies so that you can resume normal operations at the
earliest possible date." Hartfolt is still operating as an animal
shelter even though no reinspoction by the Department of Health has
been requested nor completed. Animals are still being sheltered by
and adopted from the Hartfelt facility, no Indicated in the report
of sightingu included in Tab C. T'ho Denton Humane Society office,
beginning in late February, has received daily calls from members
and non-members c;cproseing concern&Uout the continued operation of
Hartfolt Humans Society and the conditions in which the animals are
forced to live. Calls have also been received from individuals who
have taken their animals to llartfelt for training and been
distressed by the treatment of the animals and the conditions in
which they were housed.
T7rs Texas Department of Health wont n letter to Iartfolt Humane
Society on Aprll 2, 1993 Indicating they must coons operation as a
sholter until they are in compliance with the provlnlonu of the
Animal Shelters Act. Tho procoao outlined in tho Lotter will take
uevoral weeks before art Injunction might be issued. Meanwhile,
holplose aruimnlu continue to live in deplorable conditions. They
can't afford to wait,.
The Denton Humane Sooiety, on behalf of the concerned citizens of
Denton and the animals who can not apunk for themselves, regueot
the City of L43&.on clack nn immediate Injunction to close the
Ilartfult llumnne Society.
P,O, Box 1972 0 Dolton, IX 4 76202 • 382-7187
y
I
David ti, 5:1,;tl,, of n. Texas Department of Health
Commissioner "Co West 4911, street
AUShn, Texas 78756.3199 Robert X Nfacl-ean, A1, D.
(512) 458•7111 Deputy Comm ssioner
February 24, 1993
Ms. Laura till, Director
Hartfult Humane society
1800 Fort Worth Drive
Denton, TeXas 762ol
Dear tin. rill:
recent
cond inspection of th4 Hartrelt Humane Soviet
cucted to detarnine if your fact' Y Shelter was
of housing and sanitation required Lb cotmpliesniwith the standards
(Chapter 823, Texas Health and Safety Co'le maA Schopy of Act
inspection Porn is attached for your review, of the
Due to the deficiencies noted at the taeility, the sholter does not
lter s, it shat minoperattandar s. is st :le 1 ciety has voluntarily suspended
opportunity to correct de£iciencles o t1, t you ca that you use this
operations at the earliest possible data, you resume normal
tiake every effort to work with non-complying Department elters•Aowev is to
er if
satisfactory progress is not made, the act does specify that an
injunction may be obtained from the appropriate court. A
"substantial violation" is a class C nisdeneanor.
If you have any questions, yr need to nakn arrangament: for anothor
inspection, please contact Ur. Thomas G. Murnane, D.V.M., Public
(817)1,792-J72975, 2551 Matlock Rd,, Arlington, Texan, 76015, phone
Sincerely,
Burelu illiamot . Avssur, D.V.M., M.A., Clrier'
W
Veterinary Public Health
WtaR: vw
Attachment
ccr Dr. Thomas G. Murnane
_ r
Texas Department of Health
REGISTRATION INSPECTION - AABIESQUARANTINE FACILITY
ANIMAL SHELTER FACILITY gMEO ESTABLISHMENt.
• S~.L~ }~„'.tA7JL-• SOtC.rS:'j1 REGREO. p^'
NAME OF MANAGER: _M,~ 4a~ll l+. r'1tiIJ~j0.CrC(iINSPL•CTOA~INAyG
BLISHMENT; 4-
LOCATION OF EST MAILIt1GADD F3E55.
CfTY; COUNTY; STATE'. ZIPCODG: PHONE:
►J'i r a17 3s o
OUARANTINE FACILITY CONDITIONS
Item N,.) N Itom
Nv. Structure Description COMPLY COMPLY NoStrucf ure Oescrfptlon NON
General Struclwa COMPLY COMPLY
PSI y En CIO'uras
7. Structure Sl,an Ih
1t._-Structure j/
_
W
ater S Elec. Power Feed and Water Access
3_ Stora o Food II Badd;nQ)- y 10. Oralnagq
4. W11619 Dispceal _ - -sue V. Floor and Wega
5 WaahoomelSirtke
-V 18. 61ze
indoor Faqilll
19. laOWon lne`t~1.
D. Heallnq -4/- 20, Faodln Tochni ue
7. Ventilation _ Fre uenc 0V, gIRJ.
8. Llyhtina I Rece locles: i✓
0. IntorlorSurtaces
10. Dralnaze 21. V eringProcoqure: oRIT t .reu i~ e
Outdoor Faculty _L_- •Ls Y't rriu a f
AdoquateStze _ 22. Sanlletl IProc duto: M°~YiGt~N ef, JLV~ fa
tiOn 6J~, . 1'Y P 44
13. Sanitation `~lOLUrG n• v. frT
;I PaslControl: Ne r. r W~{Ii
REMARKS ANWORRECOMMENDATIONS,
lrflT CencrA1 6~0v0}Vee.e.,t4fr,vufu. C.•14I.6yref n6h~''t1t.r•1tit ~rtela„AIAS+4+c60fAlit rcfi.f
Wom4-Wb.•.Kc1/ D~rA I~epwe, . EI zl[4Kd~C.l51r. :S4I~F fit. a{'4eCIOJYVEy,r~SeLtlrl
.3, e're EIce.. ►J6j, Itc.l Fcld. ~<a.(C,L q. W e.t4 S rnJ L
Vtr•M,n, a• <QuA~LI lei rf txof o4
' y CGrs s l bl e 4-p *'c Sufis. No Sy}.ac~-telly O.tgnis l Kar Ihvd%Ao,yyGenlAl
1
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ewd';e ete S}ue.I<e7. bli "C" O11n.,Pul k4lo F`4}',pa 6°i (~a ~,,'ta 1. fttwVls~l~e.r141 _
CnyyI,Y«r'C,f.'D/M.AIO 5,aI<01'efh(r wAj~i,I f4 GI L.iY gvR.lt41e SIrl+14S b. M1l tfq~,Vt Mt••'}
RN~~Lp¢~w dwa~rr rcceY ticie•I V ~
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rc al Lg 4c nA ~<'`y `v'•D ttcn.~cl 4rG a,
3GfQ IIOD
RC'lIJSPEGTION OATC: 7. Ye .I }tin Qr,ItAl-,LyaJtjo4}t Silo dw Ye•WWIL.h
f cfM Wert Y
u
To bo completed by fecluty maa391r;
CHECK ONe:
1concur 12 100notroncur 5'ynatu!pGlh!an;v Data
FOR USIJ BY TEYAS DEPARTMENT OF HEALTH PERSONNEL ONLY '
u..............
.
GENEFALnRTIr:ri
E%CELLF. NT PE'vD VG
SATISFACTORY UNSAtiSFl,CTGriY - ~¢/~'r-11 IrI•p9el ~r ~ - D 1e
,t __t ttizs+d,tC > f fc, 3
- •..v STAT 0 FILE USEONLY
` .
Anorcval Date
PAMInq Rntnnrcrllnn
'enlal Ulle ijnV)!01 Unis-On Ooec:or
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Texas Department of Health ~NAG-K
REGISTRATION INSPECTION RABIES QUARANTINE FACILITY ❑ ,
+AMEO~;aeL~~~ ~ ANIMAL SHELTER FACrr.ITY
I
-
NAME OF MAriAGER:-~~=-`~pC-1 I l - AEA, NO.
INSPEcroR;
LOCATION OF ffTABLISHIA +
ENT:
ldA LLINC ADDRESS - I
CITY:
COUNTY:
J7E__: TZjpCO0E; ~PNCNE;
DUARANTINE FACILITY CONDITIONS --Y
Item - {
r No. Struclufa OotcriPHon TiON hem
I;GMYLY GOM PLY N0r
1 ~Ceners_0vr#- 5trur,twoDO$crI Ilon LY CNON
lPrlm_ery Enclos_ PLY
SVCIUfe Slren 1h
Sto1re1.
_2_ -Water 8 Elec. Power - 14, Structurrq
3. orage (Fo A- !_8_6ar)d181 erAcca e11 -
od6 BaQ31ng
-c• Waetoolo ocei
b -
Wa - I?~Foornd Wet e - -
ehroomer9+nfe - -
InQoorFaNiity - ta, a1ze
fieallII 19. 15014110
T• VenlReNOn 20, Foedln ToI ue
8. Ltplftlnd - Fre uenc~_~- ~I
II A. tntorlor Sul III Rate loci_ e_`"`- -
70. Gralneyo _ - - ? i
OvWoar
Facllll . 21. Ylotarlnp ProCoduro; 1
II. Al avatl -
12-_s Protecllon 22. Sanlr~allon pr%oduro; -
AEMAAX9AN010RAECOMMENDATIONS; Y 2J,- 11IGoptro: -
9, }e r. r. Ha III Lt aJ If ati c~.1 C l f1q 1r+a fee 41 tanrn~{
} } cl zr ~ 4f r .lcbJAi C. f er QYrr
t0 vY41nAt40~y[neel "CIL 154.# Al" % UOQre~..c.wlf Sa,rl{ (T
3rrnt ♦ 4e e~ .[✓.v eJ qKd vuna i ee
12.1b. OLt Ia 4c, IOld CA Pl Wc.e Set qnd 4.ti 5}qnd {Wtt'QII!'en Sidta{..Stiel~r. ✓211~tfr ly
+ Wta11r^r a nd ce aj e{ fe,eel.ffe uy t,,i -J !
Not,n►rrk~~Ielr ere IJtnd 1uaY.OA[cludPu tee.v< ed •
u detr;C ~~r.4de~r.wfo✓
li.ir,21 Alt .r at. G^'plryett e11•.,ei+ t e'~+'rnrxrJ
'~5 }d„ a..,dLVa+c+Yttc ';Itle dav{ ML[y .t
ab.vra-fie d. Prrr tr ti ti~Sela4,4/tK
kpo q [Y
A/o{et~1Jp }f• fu<~ fee yy' weW #F
Ac.I,:t,Cf~+r4n pr.tr<Ceirrwv.„ Dill"! 4'SIJa.~.{•
4+Of.~P1Oisebv~.a~l J
. en4'(4
strNSPECT10NDATE: a`tti- ~s ^rs'ier {1% irq~G gCCer ffi ln+rt~}y t twwaln
. fWo wot f p('. prpl.i 'Wiati A.4
To Icomp!efedby facility mana;a1: u~G, °S a SAve CWeve ObJNvt+,Y1
CltFGKONE; 1'' 4 r1 to 01 rMrStlCC as}C>I
1S a *'at t^Gds K
4 +J6 }p~rry,ras t'61 CC IOC rll[r!
/ ❑ ICOncur 1K IdInolconcur ~Gdc un4G _I ~_f b VeFy.re%av1<vb AS Y'r t1 d
G QI'llTrt Spnetwaol2or~ - j
CIS Ov~_1~L1t1fi1J11r !r Iae,nA ~ tales y A 1J~r fti1, GV~ to 1
rr..r. r.. r.rr...r.. rrrr FOR USE BY TEXAS DP P -.r rY ~+~♦iC[13_,.Q.~ ,t
ARIII OFHEALTHP RSONNELONLY .9.._C1~r,~
OENEFAL RATrNQ - -
wr}z7 A Mal
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veN'GrtJO ( u14 Y '4 I iLL S~
SATISFACTORY UNSATlSFA:TVRy f 5~2A S~ drlr~P'1te'r
STATE '~FICE USE ONLY ••...1
III Dill,
' - Pendlnpflalnpoaction 1
OentalUato 0!pneluronfOf.ItlonUlreclor - y._,__
Gale
rokwro t J
CHAPTER 823. ANIMAL SHELTERS
Sec. 823.001. DEFINITIONS. In this chapter;
(1; 'Animal shelter" means a facility that keeps or legally
impounds stray, homeless, abandor.ed, or unwanted animals.
(2) "Board' nears the Texas Board of Health.
3 'Conr;issioner" means tPe coc issioner of health.
4 'Department" means the Texas Cepartment of Health. (Y.A.C.S.
Art. 4477.6bI Sec. 1 (part).)
Sec. 823.002. E)UMTION FOR CERTAIN COUtiTIE.S, MUNICIPALITIES, CLINICS,
AND FACILITIES. This chapter does not apply to;
1) a county having a population of less than 75,000;
2)--aR-394a -shelter-wiEhla-4he-3i~9ES-ef-a- ya4E+paT+Ey--ksviaQ
a-Pe~elaEien•af-cress-Ettan-75;900;
(3) a veterinary medicine clinic; or
(4) a livestock conr;ission facility. (V.A.C.S. Art. 4477-6b,
Secs. 1 (part), 8.)
No. (2) of this section was deleted by H8 2379, of the 71st Legislature.
Sec. 823.003. STANOARDS FOR AhiMAL SHELTERS; CRIMINAL PENALTY. (a)
Each animal shelter operated in this state shall comply i0 th the standards for
housing and sanitation existing on September •1,, 1982, and adopted under
j Chapter 826 (Rabies Control Act of 1981).
(b) An animal shelter shall separate animals in its custody at all
times by species, by sex (if known), and if the animals are not related to one
another, by size.
(c) An animal shelter may not confine healthy animals with sick,
injured, or diseased animals.
(d) Each person who operates an animal shelter shall employ a
veterinarian at least once a year to inspect the shelter to determine whether
it complies with the requirements of this chapter. The veterinarian shall
file copies of his report with the person operating the shelter and with the
department on forms prescribed by the department,
(e) The board may require each person operating an animal shelter to
keep records of the datA and disposition of animals in its custody, to
maintain the records on the business premises of the animal shelter, and to
make the records available for inspection at reasonable times.
(f) A person coeanits an offense if the person substantially violates
this section, An offensil under this subsection is a Class C misdemeanor,
(Y.A.C,S. Art: 4477-6b, Sec. 2.)
Sec. 823.004. PERSONNEL TRAINING. 1'he board shall prescribe standards
and charge reasonable fees for training animal shelter personnel in animal
health and disease control, humane care and treatment of animals, control of '
animals in an animal shelter, and the transportation of animals. (Y.A.C.S.
Art. 4477•6b, Sec. 3.)
Sec. 823.005. ADVISORY COW17T-EE. (a) The governing body of a county
or municipality in hhich an animal shelter is located shall appoint an
advisory corrrlttee to assist in complying with the requirements of this
r chapter.
W The advisory committee mus: be composed of at least one licensed
veterinarian, one county or municipel official, one person whose duties
include the daily operation of an animal shelter, and ona Tepresentative frcm
an animal welfare organization.
(c) The advisory committee shall meet at least three times a year. 1
(V.A.C.S. Art. 4477.6b, Sec. 4.)
Sec. 823.006. PROHIBITED METHODS OF DEATH. (a) A person commits an
offense if the person kills a dog, cat, or other small animal in the custody
of an animal shelter by shooting, except in eaergency field conditions, by
clubbing, by using a decompression chamber, or by administering any of the
following: +I
(1) unfiltered or unrooled carbon monoxide;
2 curariform drugs, used alone, including curare,
succinylcholira, pancuronium, and glyceryl fenesin;
((3 nagnesiam salts, used aio:.e;
(4 chloral hydrate;
(5 nicotine; or
(6 strychnine.
(b) An offen,e under this section is a Class C nisde^eanor. (v.A.C.S.
Art. 4471-6b, Sec. 5.)
Sec. 823.007. INJUNCTION. A court of competent jurisdiction ma on
the petition of any person, prchibit by injunction the substanttal violation
of this chapter. (V.A.C.S. Art. 4477-6b, Sea. 6.)
r'
WHAT~A,~A~SBN DOhr
21-18/9 Inspection by leeyno Department of Health
results in a report which finds that
Hartfelt did not meet minimum standards
of housing and sanitation required by
Animal Shelters Act.
ZM_IU Hartfelt visited by Environmental Services
Administrator and found to be discharging
untreated animal waste into a stream
adjacent to the property.
EL24/93 Letter sent to Hartfelt by Texas Department
of Health advising them of noncompliance.
Acknowledged shelter had voluntarily suspended
shelter operations.
2/26/93 Initial calls received at the Denton Humane
Society office asking if Hartfelt was still
operating as a shelter.
3/1-15/93 Reported sightings of animals being sheltered
at Hartfelt and adoption activity by
Denton Humane Society members and non-members.
I
3/19/93 Meeting at Animal Control involving city
officials, representatives from the Texas
Department of Health and the Denton Humane
Society, to discuss the continued operation
of Hartfelt Humane Society as an animal
shelter.
3/21/93 A puppy mentioned in sightings of 3/16-3/20
is adopted from Hartfelt, by a member of
the Denton Humane Society, for a fee of
$35.00.
3Z2,7.(o DHS Board of Directors votes to ask City
of Denton to seek an injunction closing
Hartfelt until standards are complied
with.
.3129/U Transmittal of sighting report, covering
the period March 18-28, documenting the
sheltering of animals at Hartfelt and
adoption activity, to the Texas Department
of Health.
,128/93 DHS requests placement on the Agenda of the
City Council Meeting to be held April 6, 1993.
E
3/299 During week. Environmental Services
Administrator visits Hartfelt to check on
discharging of animal waste into adjacent
water system. Finds evidence of discharge.
9!2/93 Texas Department of Health in Austin sends
a letter, both certified and first class, to
Hartfelt Humane Society indicating they
are operating as a shelter in noncompliance
with the Animal Shelters Act.
4/5/93 In a telephone conversation with Barbara Coe,
the Environmental Services Administratoe
confirms that a Notice and Order is being
issued regarding Hartfelt and that they have
agreed to address the discharge problem.
4/5193 Puppies not previously observed are sighted
in the outside rune at Hartfelt.
4/6/93 DHS appears before the Denton City Council
and request the City of Denton seek an
immediate injunction closing Hartfelt Humane
Society.
prepared by the Denton Humane Society
y
i
1
i
A td
z
ti
INDEX
Pbotoeraahs devclooed _M
Ija Aides lakee i,rlnQ
inspection of Hartfelt
Poimane Society, on
February 18, 1993,
conducted by the Texas
Department of Health _
;
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TO: Dr. Thomas G. Murnane DATE: March 29, 1993
Texas Department of Health
FAX #817-792-7245
FROM: DENTON HUMANE SOCIETY RE: Ilartfelt
NUMBER OF r AGES: Two (2)
I
3/18/93 Run 41 reddish chow/shepherd mix puppy, black/tan Roltweiler
2:00 p.m. mix puppy, tan/white beagle mix puppy, blonde shepherd mix puppy,
Run #3 or 4(?) 2 adult German Shepherds
Indoor/Outdoor area 1 adult Rottweiler
3/19/93 Run 01 tan/white beagle mix puppy, black/tan Rottweiler mix
6:35 p.m. puppy, reddish chow/shepherd mix puppy
Run #3 or 40) 1 adult German Shepherd
Indoor/Outdoor area 1 adult Rottweiler
8:40 P.M. Run #1 reddish chow/shepherd mix '
mix puppy pupPYr black/tan Roliweiler
Run #3 or 4(7) I adult German Shepherd
Numerous large-sounding dogs could be heard baying and barking
from indoor kennrl area,
3/20/93 Run 01 reddish chow/shepherd mix puppy, tan/white beagle mix
8:15 a.m. puppy, black/tan Roltweiler mix puppy, Australian Shepherd mix li
puppy. other puppies could be seen Just inside doghouse, but I
could not Identify color or breed.
Run 63 or 4(7) 2 adult German Shepherds
Indoor/Outdoor area 1 adult Roltweiler
11:00 p.m. THIS SIGHTING IS ON DATED/TIMED VIDEO 1
Run 01 reddish chow/shepherd mix puppy, tan/white beagle mix
puppy, 3 Australian Shepherd mix puppies
Run 03 or 40) 2 adult German Shepherds
Indoor/Outdoor area 1 adult Rottweiler
Baying and barking of numerous large-sounding dogs from indoor
kennel areas is evident on videotape.
3/21/93 THIS SIGHTING IS ON DATED/TIMED VIDEO
7:00 a.m. Run #1 reddish chow/shepherd mix puppy, tan/white beagle mix
puppy, 4 Australian Shepherd mix puppies
Run 03 or 4(?) 2 adult German Shepherds
Indoor/Outdoor area 1 adult Rottweiler
{
On the afternoon of Sunday, March 21, the reddish chow/shepherd
mix puppy mentioned in sightings above was adopted from Laura Gill
and Steve Johnson. We have a receipt for $35.On for one Australian
Shepherd raix puppy signed by Laura Gill. Adopter was told that the
puppies were thrown over their fence two nights ago and they
(Laura and Steve) didn't have the heart to lake them to Animal
Control. However, when asked for shot records, they wrote a paper
saying the adopted puppy received a shot from them on 3/15/93.
Many other inconsistencies in their story, which could be detailed by
adopter. The puppy was taken to Dr. Phillip Henderson of Ponder
Veterinary llospital where it was examined, held for observation,
spayed, vaccinated, and is now in a Denton Humane Society foster
home.
r.~ 3/22/93 Run ill tan/white beagle mix
puppy, 3 Australian Shepherd mix
6:03 p.m. puppies
3/23/93 Run Ml tan/while beagle mix
~ puppy, 2 Australian Shepherd mix
6:55 a.m. puppies
5:05 p.m. Run N1 tan/white beagle mix puppy, 2 Australian Shepherd mix
puppies
3/24/93 Run 01 tan/while beagle mix puppy, two Australian Shepherd mix
4 4:40 p.m. puppies
I 3/25/93 Run 01 4 Australian shepherd mix puppies
6:55 a.m.
3/28/93 Run #1 no animals
9:30 a.m. Run A2 tan/while beagle mix puppies, 4 Australian Shepherd mix
puppies (at least one other puppy could be seen just inside
doghouse, but f cannot provide a description as to color or breed.