HomeMy WebLinkAbout12-21-1993
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i JX ERWIN SUBDIVISION t u OAKS
JA ERY NCDiVISION soFIElO No% THRIDGE DESCRIPTION
CUM DATA ~3io(D Qne l TRACT 1
TANGENT 1 s 28'491" W - 80o7d'
i N 88'23'28" All that certain tract of land situated In the John MCGowen Survey, Abstract 7971 City and County of
Ra270800' TANGENT 2 s 73'493" w 12079' N 8 r a deed from Teri Taylor Companies, Inc. recorded In Volume
3417, Pago 0001, Real Property Records •#3s=,r. described as follows:
T~91,71
L=170,02' TANGENT 3 N 61'1017" R M 50,98' C? l l BEGINNING at the north right-of-woy line of South►ldgs
at the sout~~ast corner of lot 17, Block A,
i TANGI'NT 4 N 23'30'35" 11 78.0
24' Drive Entrance In Cabinet 0, Page 3300 Plat Records of Denton County, ,t
fro
t~.. _.s tg ?7V nrj l ,I THENCE North 54'37'33' East with the east line of Block A. a distance of 343,55 feet to a point for
R~0193.04' TANGENT 5 s 6110 57' E 71468
T=23,28'
L=48.52'
UR
0. 50, fool 200' A =30418'44"
74' R= 767. SCALE r a roo'
T=205.25'
L=400,88' i
CURVE
1 L1
Q19'S8'S2" THE R1 GE OF SOUTHRIDGE h
R=82.00' Cotknet D. Page 330 r
T-1e18 U-16 Zoning , Y
L==03 Single omily Detached ~C
S CUB\ r5
a-1~5a~51" °
R=108, 00' yti't
0 ~yp.
T=18, 99' . 11 r ~t}71 i
L-9760' o~ /
Q =2'31'16
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L=14.52'
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BEGINNING POINT 20
TRACT 1\ ie l' . ~ s
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: !•0 19
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;4' Sidewalk
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SOUTHRIDGE EAST PHASE I~~ tin g Cabinet D, Poge 315 g fi
040 1
SF--10 Zoning Single Family Detached $ 6)1 Oa
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s' TRA( `TRACT 2 - 4,131 ACRES TRACT 3
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nd County of Denton, Texas and being port of Tract 2 as described in
20' 20' Private Drive All that certain tract of land situated in the John McGowen Survey,
Abstract 797, City and County a deed from Teri Toyior Companies, Inc. recorded in Volume 3417, Page 0001, Real Property Recon arty Records of Denton County,
Texas and being more particularly
u ►`,a Ro r
0 ~~Odj~`\ 44 described as follows.
24' Entrance Drive hose 1 Addition, as shown by plot recorded In Cabinet D, Page 315,
BEGINNING of the southernmost southeast corner of Lot 28, Block 35, Southridge East Phase 1 Ad
Plot Records of Denton County,
45 Mediae Opening
'MENCC North 35'19'08" East with the east line of Black 35, a distance of 219.40 feet;
ti ~ ~ \ ta' SFr
THENCE South 11'42"25" East a distance of 179.32 feet; CO
11 JC wt THENCE South 88'45'56" West o distance of 163.26 feet to the POINT OF BEGINNING and containin I containing 0,330 acres
of land more or less. i n
49 y err NO FENCES AI.L CROSS THE PROPOSED
DRAINAGE EA MENTS FOR LOTS 46, BLOCK 36
AND 24, BLOC A. G EXIS'nNO RIGHT-OF-WAY
f
rra'~ DEVELON EVELOPMENT STANDARDS: l
IV/ I
.y ' otai Acr ..W.~._ 2e' UnUTY AND ACCESS EASEMENT
Rai Acreaya 9,626 EA cres - w~ VOSTINO STREET
GATIYOOD DRtYR
OW) Sao' R Land Use Use Single ornii Detached_ and 2 l 2 WA IX 22
4 lw Number umber of Lots 16 l e' 20' ACCESS DADA
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y~ 4~~' ► , Minimum n, zoA ► Minimum Jnlmum Lot Area _ 15,000 S quo e, Feet
linimum Lot Width.__ 100 Feet
od N
linimum Front Side' and Rear Yards As Shown _ I
~/i0e 29A/ J, , Minimum Maximum laximum Height of 8uildin s 2-1 2 Stari s i
- ~ i I r,
Maximum
'AL ~ QN
BEGINNING POINT 8~4 Maximum
TRACT 2Je3 TRACT 3 W 0,320 ACR S
L
9oe►e 1' 100' Cheoked By ; J. Kurtz
I _ Associelteso InC,.....
Oete ; September 1993 P.C. ; Jeii ' of.,
Consulting Lnsinssrs . durv*ynrs
Teohniaian t. Krouskd )!'!le Pb,bVlO
"t1Mn By T. Krausko project M0. ; Vexler 9 Acres No, Doll AM$ION$ r
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Block One I COUNTY Or DENTON X 6ECINN+NO at a u..uw A iw .__a. -A&a ~_u L_~a 9 ~A
t I^
~JgMd, Si»t6 ( STAB' CF TEXAS K _0og Io OW of L400 NOW Pall
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?J' E. f f WHEREAS MA1X 9, INC.,RANDY ft UCHr CONSrRtlcnoN, INC, AND N1WAM'ttUrSEU are the way uM or $our X i V
- - - owners of a tract of land situated In the kha *00wen Surw Abstract Number THENCE' along V
G, 7#7, In the Clty of Denton, Denton County Texas and Wig all of TRAM f and 28,49,030 Sr I I . ow TRACT
2 according to the deed recorde4 In Volume J417►,Pago 090 of the Deed eouu"Of corns 1=~ ~ I1
Clk 7
\ p~lhe sl,) I Records of Denton Countyy, texas (WRDCT) and tit all of tote 20 and 291 Block 36 t-
IL- I I of SAUiNRIDG, Wr PHASE I, on addition to the tatty of Denton according to the 1O~ICt: oivwt✓n
I plot recorded In Cabinet D, Poge,318 of the Plat Records of Denton County, rekos and rollorhy'ch
l1 (PROCT) and befog, more Aortlculoriy described Tas Toot 1, Tract ? and tract J as 7404 Met to 0
\ M~ follows;
~y seN I TRACT 1 ""Cc doporih
, l..V. of 070,32 het
CA T" AW WOMWINti of a 112 lhdi kw rod found for the most.,wW)o comer of cold Tract 1 of told Tract 2;
0 PACE J48-N l I and Gkp the most adytherfy carter of lot 170 Xodk A of the Ridge of $outhrk*j*, on
der
o' eo' too, too' / ~a l oddltk►n to the City of Denton oocordhs to the plot r*wO*d b Cobtnet 0,
Pogo JJO THENCE NORTH 26 (PROCT) and Ochs losoted In the northeoeterly tot-of-"y floe of SouthnW# DOW for the most W4
I /w AA l..l rw r"P.Af rnv~. .19 MW4
MI cornea on subjw rotes ore monumented kith 1/2 inch Iron SG1lt r 1' • 100' rods found, unless o fee
noted, / Li
rld~e ROO 1M of South i J
C(IRVE TAKE Cabine POMP JM T
7
r No• l>,.fo RaAhn roownt Ivvfh Chord 8#"V 0. M... Zoned. SF-16
GV,1 10 75 ,74 ?05,25' S. 13' 4 W, 8 ,2 1 arr. N - 1'
GV,2 19'56'52 82.00' 16.18' 32.03' S,JB'47'2W. 31,8
GV,3 19'56'52" 108.00' 18,98' 37.¢0' S,35'47'28'W, 37,41 Block
Cv.4 3731270.00' 91,71' 176,82' N,4x25'17'W, 114 JI ~
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NS 04'34'22 5W.04' 23,28' 46.53' N.25'46'46"W,
GV,6 02'31330,00' 7,26' 14.52' 5,58'S5't9"E, 14 5
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T-3 N,SI'10'$7'W, $0,60' nwr 1
y. r`4 70.10 T5 S.WO 36"W. 73,64
7-6 S,61'1017"E, 71,88'
7-7 S.W40'WW, US' i r-8 N.040'%W& 67,13' 1
r-8 A01'20'S;4'W. 52,57'
r- t0 'N.88'38'24'E; 153.87' tie i,
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RiVIN 23'39'360 WSY a distance of 19.10 f"t to o 112 Jnch kon rod found for ; THENCE deportl NNE deporthp the westerly line
of sold Tmc! 2 SOUTH 11042023" KES1' a distonos
r 179.32 feet to a 112 k►o1► Iron rod found lot corner Wated k) the southerly 416
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CITY COUNCIL AGENDA PACKET
December 21, 1993
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AGENDA D3►o.~. aZ! Y3
CITY OF DENTON CITY COUNCIL Aq
December 21, 1993 e 'ov a°
Work session of th,, ^.ity of Denton City Council on Tuesday,
December 21, 1993 at 5115 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 Ser,sion may
also be considered as part of the Agenda for the Regular Session.
5115 P.M.
1. Executive Sessions
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider action in the matter of the application of
Bolivar Water Supply Corporation for an amendment
to CCN No. 11257 Docket Nos. 9824-C and 9447-C of
the Public Utilities Commission.
2. Consider offer of settlement in Pitts & Gaffney
claims.
B. Real 3state Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
1. :"ontinue to consider evaluations of the Municipal
Judge, the City Attorney, and the City Manager.
2. Receive a report and hold a discussion regarding a
recommendation from the Cable Television Advisory Committee
relative to the City's application for Rate Regulatory
Certification from the Federal Communications Commission.
3. Receive a report, hold a discussion and give staff direction
regarding the Solid Waste Master Plan Task F.)rce Committee
member appointments.
Regular Meeting of the City of Denton City Council on Tuesday, at
7:00 p.m. In the Council Chambors of City Hall, 215 E. McKinney,
Denton, Texas at which the following items will be considoredl
1. Pledge of Allegiance
2. Consleor approval of the minutes of the Special Call Session
of November 230 1993.
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AQe~eNa. 1 _ ° ~!b
City of Denton City Council Agenda
December 21, 1993 AQQtIddlSMl-.
Page 2 pate /,2
3. Citizen Reports
A. Receive a citizen report from Joe Dodd regarding cable
casting of Work Sessions.
4. Consider an ordinance providing for a change in zoning of .330
acres of land from Planned Development No. 87 (PD-87) to
single Family-10 (SF-10) zoning district classification and
use designation and approving a new detailed plan for 0.296
acres of PD-87. The tracts totalling 9.626 acres are located
on the west side of Lillian Miller Parkway at Southridge
Drive. 2-93-022 (The Planning and zoning commission
recommends approval.)
5. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchasea orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 6.A0
6.B). This listing is provided on the 0onsent Agenda to allow
Council Members to discuss or withdraw an itea.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. RFSP 01558 - Golf Driving Range
2. P.O. 041491 - Darr Equipment Co.
B. Plats and Replats
1. Preliminary replat of Lot 1R, Block A, Exposition
Mills. The 22.493 acre tract is located at the
northeast corner of Westgate Blvd. and TN-35. (The
Planning and Zoning commission recommends
approval.)
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4penaaNo. o
City of Denton city council Agenda AQAndalt8M,--
December 21, 1993 N0
Page 3 /Iy 3 7 d ~
2. Preliminary plat of Lots 18-27, Block A; Lots 41-
46, Block 36 of the Southridge Oaks Subdivision;
and the preliminary replat of Lots 28 and 29 (into
Lots 28A and 29A), Block 36 of the Southridge East
subdivision, Phase I. The 10.235 acre site is
located immediately west of iillian Miller Parkway
at Southridge Drive. (The Planning and Zoning
Commission recommends approval.)
6. Ordinances/Resolutions - Consent Agenda
A. Consider adoption of an ordinance providing for the
expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases
from requirements of competitive bids. (4.A.2. -
P.0.;#41491)
B. Consider approval of a resolution authorizing the Mayor
to execute a golf driving range lease between the city of
Denton and Walter Nusbaum. (The Parks and Recreation
Board recommends approval.) (4.A.1. - RPSP 01558)
7. Ordinances
A. Consider adoption of an ordinance amending solid waste
rates for commercial sanitation collection services as
authorized by Chapter 24 of the Code of Ordinances of the
City of Denton by establishing charges for dumpster
refill and extra dumpster pick-up service; and
establishing charges for unsecured landfill .oads. (The
Public Utilities Board recommends approval.)
8. Consider a nomination to the Airport Advisory Board.
9. Receive and discuss an update on the Visioning Project.
10a Receive an update and hold a discussion on the Teasley Lane
project.
11, Miscellaneous matters from the City Manager.
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City of Denton City Council Agenda A4andalterr~---
December 21, 1993 Date apt ` 11-
Pago 4 le-
13. New Business
This iten provides a section for Council Members to suggest
items for future agendas.
14. Executive Session:
A. Legal Matters Under TEX. GOVT CODE See. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
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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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C E R T I F I C A T E
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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 , 1993 at o'clock (a.m.)
(P.M. - -
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CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS j
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.
ACC0017D
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CQUNG
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December 21, 199JfliOA:d-113__--
CITY COUNCIL AGENDA ITEM
TO: Mayor and Members of the City Council
FROM., Lloyd V. Harrell, City Manager
SUBJECT: RECEIVE A RECOMMENDATION FROM THE CABLE TELEVISION
ADVISORY COMMITTEE RELATIVE TO CITY'S APPLICATION FOR
RATE REGULATORY CERTIFICATION FROM THE FEDERAL COMMUNI-
CATIONS COMMISSION.
RECOMMENDATION:
The Cable Television Advisory Board recommends that the City of
Denton pursue certification from the Federal Communications
Commission as a cable television regulator and directs staff to
prepare the necessary application.
BACKGROUND/SUMMARY:
In September, 1992, Congress passed the CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT (referred to as the Cable Act) and
overrode a subsequent presidential veto on October 5, 1992. The
primary effect of these regulations for local governments is to
provide a mechanism through which they may regulate basic cable
service rates. On May 3, 19930 the FCC issued its Report and Order
which specified the regulations implementing the Cable Act.
However, those regulations did not go into effect until
September 1, 1993, at which time the Federal Communications
Commission (FCC) also froze basic cable service rates until
November 15, 1993, and subsequently extended the freeze until
February 15, 1999. Once the rate freeze expires, Sammons will be
able to raise its basic service rates without the City's approval
if the City is not certified by that time.
A summary of relevant Cable Act provisions and their effect upon
the Denton system follows:
The Act requires that cable operators offer subscribers a "basic"
level of cable service that includes at least local broadcast
channels, public, educational, and government channels (PEG), and
local commercial and ncn•commercial educational and low power
channels. Sammons has met this requirement and also added
superstations TBS and WGN. This service is called Lifeline and is
currently offered to Denton subscribers at $9.72 monthly. The Act
casac;e"'; / I
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AgadaNa `l' 3 -o G
Agendattent~!~r`#Q
CITY COUNCIL AGENDA ITEM
cZ -oz
Date
Page 2
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specifies that the basic service level must be subscribed to in
order to receive any other cable services.
Jn addition to basic service, the Act permits cable operators to
offer any number of additional service levels referred to in the
Act as "Cable Programming Services" (CPS). These levels are
regulated exclusively by the FCC. In Denton, Sammons has chosen to
offer to subscribers only one CPS level of service simply called
"Tier" at $9.02 monthly. Sar.mons also offers Pay Per View service
and several premium channels such as HBO, Showtime, and Cinemax,
all of which are riot subject to any governmental regulation.
The Act also requires that cable operators "unbundle" all equipment
and charges necessary to receive basic service. Samlrons has also
met this requirement and those items and charges are as follows:
Addressable converter $2.50 per month
Non Addressable Converter $2.00 per month
Remote Control $0.50 per month
Basic. Install (where wiring already exists) $30.00 per month
Basic install (which requires wiring) $40.00 per month
Basic Install (each additional cutlet) $10.00 per month
The Act requires that before exercising regulatory authority, local.
franchisors must apply to and receive from the FCC certification as
regulators of basic cable service within their franchise area. The
Act specifies that only those cable service areas where "effective
competition" does not exist may apply for certification. Effective
competition exists primarily where the cable services are
subscribed to by less than thirty per cent of households eligible
to receive such service. Sammons has informed the City that it
believes that its subscription rate exceeds thirty per cent.
Consequently, the city is eligible to apply to the FCC for
certification by completing Form 328 (attached), forwarding the
application to the FCC in Washington, and serving Sammons with a
copy of the application at the same time.
The City may apply for rate regulation certification to the FCC at
any time without prejudice. Through its application, the City
assents to the following:
1. There is no effective competition within its franchise
jurisdictions
2. That within 120 days it will adopt a resolution stating
that the City will follow the rate regulations promul-
gated by the FCC;
CA RCP R,"/]
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CITY COUNCIL AGENDA ITEM
Page 3 ,ate -.2
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3. ThaL its regulatory proceedings allow for citizen input
and considerations and
4. That the City has the legal and financial capacity to
carry out regulation,
Although FCC regulations implementing the Cable Act are extensive,
most of those regulations do not directly address rate regulation.
By resolving to follow the FCC's rate regulations, the City will
essentially be obligating itself to observe the procedures,
criteria, and standards prescribed by the FCC to provide for
consistent and equitable regulatory oversight.
Following the submission of the City's application, the FCC has
thirty days within which to deny the City's application based on a
defect in its application which the City may then cure and resubmit
for consideration. Also during this thirty day period, the FCC
will notify the City if the application has been challenged by
Sammons or a citizen. Challenges must be filed with the FCC during
this period. if the challenge is based on the issue of effective
competition, the FCC will automatically stay the City's regulatory
authority. if the challenge is based on another ground such as the
lack of legal authority to regulate, the FCC will consider a stay,
but will otherwise permit regulation to go into effect. Unless the
application is denied or challenged on the basis of effective
competition, the City is automatically certified after thirty days[
the FCC will not specifically notify the city of an approved
application. Sammons may request that the FCC revoke the City's
certification at any time after certification becomes effective.
It should be noted that if the City declines to seek certification,
neither the FCC nor subscribers have any standing to challenge
Sammons' existing or proposed basic cable rates. Under this
circumstance, there will not be any basic cable service rate
regulation in Denton. The FCC will only step irk to regulate basic
rates if the City's certification is denied or revoked or if the
City requests FCC regulation because it lacks the leqal or
financial capacity to provide for effective regulations, it would
be extremely difficult to prove to the FCC that the City does not
have the legal or financial capacity to provide for effective rate
regulation given the $260,000 annual cable franchise fees received
by the City.
To provide a consistent standard against -+hich Lhe reasonableness
of basic rates can be judged, the FCC gill annually develop an
average per channel benchmark rate that is broken down by franchise
service area population, overall number of channels on the system,
and the number of satellite channels receives ty the system (see
rA H~iM ~
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ApendaN0 l3 n 6~
AAendaltem Ws . Z
CITY COUNCIL AGENDA ITEM Date A 1-93
Page 4 P9 y 7 a qtr
attached). These benchmarks will be based on the FCC's periodic
national sample of both cable operator basic cable service rates
and rates for Cable Programming Services in areas where effective
competition exists. It is the FCC's reasoning that the rates in
force in franchise areas where cable operators are subject to
competition from broadcast stations or other cable service
providers is the best measure of the reasonableness of rates.
Should the City apply for and receive certification, Sammons would
be required to file its current basic service rates (Form 393)
along with those calculations that illustrate its per channel rate
in relation to the FCC benchmarks within thirty days after being
notified by the City that certification was granted. This will
enable the City to determine if the rate is below, at, or above the
benchmark. If the rate is above the benchmark, it must be reduced
to the benchmark or by ten percent from its September 30, 1992,
rates (allowii+g for an inflation factor), whichever is less.
As an alternative, Sammons may file a cost of service showing to
justify a rate in excess of the benchmark. A cost of service
showing is intended to illustrate those rate base, depreciation,
cost of capital, and operating expense factors which will allow
Sammons to recover costs beyond those expressed by the benchmark.
To assist franchisors with cost of service showing analysis, the
FCC is currently developing applicable standards,
Essentially, the same procedure would be followed by Sammons when
requesting a basic service rate increase. In such a case, Sammons
would file its request using Form 393 which could be augmented, at
Sammons option, with additional information if Sammons chose the
cost of service showing rate request format. Sammons must notify
the City and its subscribers of any proposed increase at least 30
days prior to the intended effective date of the increase.
Once Sammons files its initial rates or a request for a rate
increase, the City will have thirty days in which to render a
decision, if it needs more time to analyze the request, the City
may take up to 150 additional days. if the City fails to render a
rate request decision within thirty days or does not state its need
for additional time to study the request, the requested rate will
automatically go into effect at the end of the thirty days. To
determine the reasonableness of the initial rate filing or a rate
increase request, the City must use the FCC's benchmarks (which
will be updated annually) unless Sammons elects a cost of service
showing. The FCC will impose price caps on rate increases, but
will allow rate adjustments to reflect inflation, programming
costs, new or additional retransmission consent fees (after
October 6, 1494), and taxes and franchise fees.
CA9".pp T/1
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Agenda No CITY COUNCIL AGENDA ITEM Agenoaltemj wS # ~
Page 5 we -Z.!? --d y3
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As stated above, although the FCC will issue standards to be used
by franchisors when considering cost of service showing requests,
the regulations do not specify the method or level of rate request
analysis franchisors must conduct. However, it appears that the
FCC expects that such analysis would parallel that used for
utilities. Although the City staff has the capability and
experience to conduct such tLn analysis, the time commitment
required may necessitate the use of an outside consultant.
Sammons, or any interested party that participated in the rate
request procedure and disagree3 with the city's decision, will have
standing to appeal the City's rate decision to the FCC if the
appeal is filed within 30 days of the City's formal rate decision.
However, upon receiving such an appeal, the FCC will only rule on
the procedural aspects of the rate decision.
Because basic service rates fall under the City's regulatory
jurisdiction, cable subscribers must complain directly to the FCC
about all other regulated cable rates which are generally referred
to in the Cablo Act as Cable Programming Services (Pay Per view and
Premium services are unregulat.ed), when filing such a complaint,
the subscriber will be required to send a copy of their complaint
to the City at the same it is sent to the FCC within 45 days a:
receiving a cable bill reflecting the increase. Although FCC
regulations permit the City to be a complainant and assist
subscribers with their complaints, they do not require such
assistance. As in the case of basic rates, the FCC will utilize
benchmarks, rate caps, and inflation factors to determine the
reasonableness of Cable Programming Service rates.
In recent discussions with CLty staff, Sammons has stated that it
does not intend to challenge the City's application for basic rate
regulation certification from the FCC. However, Sammons feels that
because its current basic rates are below the FCC benchmark, it
should have the opportunity to raise those rates to the benchmark
level once the rate freeze expires in February, 1994. Conse-
quently, once the freeze does expire, Sammons could raise its basic
service rate without the City's approval if the city is not
certified at that time.
The Cable Television Advisory Board has reviewed this issue at its
last three meetings. While the Board is reluctant to have the City
obligate itself for any additional expenses which may result from
rate regulation, it feels that the City has very little choice in
the matter. As stated above, although Sammons does not intend to
challenge the City's application for certification, it may possibly
seek a basic rate increase that would bring that rate up to the FCC
benchmark once the rate freeze expires. Faced with that
CA Ia CF P'C/5
K
a~
agendaNo__'t'_3'
CITY COUNCIL AGENDA ITEM ABendaltem ~d
Page 6 Date_
possibility, the Board feels that the city must seek certification
in order to properly represent Denton cable subscribers, interests
in particular and those of Denton citizens generally,
FISCAL IMPACT:
While the fiscal impact of certification is difficult to determine
due to its relation to the number and amount of basic cable rate
increases, cost should not exceed $35,000 should the City use an
outside consultant to assist in the rate analysis.
4Resp fully stted,
. Harrell
City Manager
Prepared by:
Bill Angelo
Director of community Services
App bys
E. Nelson
Executive Director of Utilities
CAP1W/6
r
AgendaNo /:3 _4 t! 6
Agenda Q
N10 -.7 1_13
FCC FORM 393 PAR? i
RFOMT FOR CABLE RATE APPROVAL
CO':ER SHM
Approves ty C~+.S
:ate:
`~aae cf CaD1e :cerator:
:oce
d
d
:oMmunity Cnit 1Qentlf,c2tion NumDer: I
yaM41 of person to contact with
respect to this farm: 7!
Telephone: j i
'ax number: S
Franchising Authority:
!!ailing Address:
wiZ1P Coot
.i
:s this farm being filed with respect to:
basic service rate regulation
or cable progressing service race rem gum
:f this fors is being filed in response to a eo"lalnt about your cable
sMeerae,ing aerylce rates, please attach a copy of the complaint to tills cover
sneer. f
li
f
i
F
Benda No
Trt following sections are to be coagleted after you have filled out the
worrsheets in Parts I1 and III and calculated your actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIP*XT RATES:
Program Service Rate
li=.er of cnanrels on casic service tier:
(2) Mantnly franchise fee per suescriter for
:as:c service tier. !
(3) Current rate for caste service tier:
(include montnly franchise fee per
sutscriter from (2) aoove if rot already
included)
(4) Current basic service per trannel rate:
(divide (3) by (1), above)
(5) Maximum permitted per ctiannel rate: i
(from Line 600 0,1 worvsheet 6)
(6) Maximum permitted rate for basic service tier: S,
(multiply (1) by (5) and acd (2), .Dove?
Note: If your current rate for the basic service tier (entry 2) exceeds
tote maximum permit:ed rate for that tier (entry 5), you must submit a cost-of-
service snowing or your basic service rate 1.111 be reduced to the maximum
permuted level,
Equipment and Installation Rues
Note: Your equipment and Installation rates for the basic service tier
must not be included in your program service rate for that tier, but rather must
be completely unbundled. In addition, those equipment and installation rates
must not exceed your actual costs, plus a reasonable profit, The method for
unbundling your equipment and installation rates from the basic service
programing rate (if neeeasary), and for determining your permitted equlpwnt
and installation rates, is prescribed in Part It (unbundling) and Part III (rate-
setting) of this form. Enter in the spaces below the rate figures you have
calculated in put fit of this form, plus till franchise fees you must pay on each
of those chutes- Your actual basic service equipment and installation Charges
may not exceed these rates, although they may be lower.
2
r~
J
~gendatVo ~3-c ~6 ;
aganda,terti,,~~~_
R31a_
/Ij
I Charm sl for oaslc service :rsta''atlonse Ifrcm LInes 6 or -f
Equipment and :nstallat:cn WorKlneet)(Mote: :ncl~ude ippropr;ate
franchise feel:
Permitted actua;
a) Hourly rate
OR
Average ins;alration charges:
:nstalia;lon of unwired nomes i t
2. :nstallat:w of prewtred homes s---
3. :natil-at,ion of additional -
connection at time of initial
lnstalLatlon t t
:nstallation of additional
connections requlring separate
,installation t t
5. Other installations (specify)
(2) Charge for changing ties (if any) (from Line 29, 30 or 31 of
Equipment and Installaticn Worltsheet)(Mote: include apprprlate
tranchise fee):
Permitted Actual
t~ g
(3) Monthly charge for lease of remote controls (from Line 14 in
Equipment and Installation Work3 heet)(Ifotei include appropriate
franchise fee):
Permitted Actual
Remote control type ~ t
Remote control type 2: t-
RemOLS control We 3: f~ g,
.
If you have futLhor charges for additional connections beyond that'
reflected in your Installation charge, attach a eh"t explaining your
calculations and setting forth those additional charges, See Mote to Equipment
and Installation Worksheet Instructions in Pert III of this form.
AgandaNo_` k/5 ~ ~
Agodalle 1~ -z r - 9 3
Date
{u} Monthly crsrge for :ease :f converter ocxes ;fres ::ne 2' -
0
Equipment ana lnsta- at:on :orKsnee:! kte: .ncluae apprccr:a:e
franchise feel:
F!rT,."ed Ao:.a.
:onverter tox type { s
:anver:er tax :rte is s
::nverter tax tyre 3:
(51 Nen:n:y charge for :ease of other equ:pmer: (from Line 23 :n
Eau amen: ana :.^.et911atian ';0rK3neet)(X0te: incluee approor:a:e
francnise fee):
Permitted Ae:.a.
Catle name wiring: s s
Ctner equipment (specify): s~ f_
FOR CABLE PMXR.WIMG SERVICE RATES AND EQUIP10ff:
Progran Service Rate .
Rote: If you have more than one cable programming service tier, attach
additional sheets with the following informatlon for each tier.
(1) Number of channels on cable programming service
tier:
(2) Monthly franchise fee per subscriber for cable
programming service tier: g_
(3) Current rate for cable programming service tier: s_
(include monthly franchise fee for this tier from
(2) above if not already included)
(Y) Current cable programing service per channel rate. i!
(divide (1) by (3)0 above)
{S) Nuum penitted per charnel rate:
(tt'aft Line 600 on Worksheet 6)
(6) Muiauxe permitted rate for cable programming service
tier (multiply (1) by (4) and add (2), above)i
Vote: It your current rate for cable programming services (entry 3)
exceeds the maxtman permitted rate (entry 6), you moat submit a Coet-Of•servlce
showing or your cable progra=Ing service rate will be reduced to the "Ni"
permitted level.
i
t
~genda No,
Agendaltem
Equlpetent and Installation Rates rile d/- 99
11, y g
Note :e b a'
i cequ::eipmenr tthen ased: : fomarg ;abl:ee preclugrad: ng service :s also used :o
r ec e ive inde:n cask
Similarly servile equipment.
, if an installation ;nvolv:aq cable ,rogrammirg services also involves
:nl :as:c service ::e:, it Sust to Inc aced in basic service installations, we
;r'::c'pate :n,at 'rir%a.q ai: equ;:went and installations will involve the :asi.
service tier and t!^ere .i.. :n•us ;e no reed to complete this part of the cover
Vile:. However, if you :ease a^.u l:me^t and/or provide some installation-rtiated
service that involves only your cable programming services, you snould conpie:e
:it follow:ng sections.
As for basic strv.ce, your equipment and installation rates for cable
programming service must not :e :ncloded in your program service rate, but rather
nust be completely unbundleo. :n addition, those equipment and installation
rates must not exceed your ac:uai costs, Pius a reasonable profit. The me:hod
for unbundling your equipment and installation rates from cable prpgradfminq
sl'',i;attonsrates,1eisspreser:tea !nr?are IIln(unoundling)r andePart uIIIe(rate-
setting) of this form, inter :n -e spates below the rate figures you have
calculated in Part III of this form, plus the franchise fees you must pay On each
tf these charges. Your, aact., t, cable programmtng service equipment and
installation charges may not exc_ad these rates, although they may be lower.
(1) Charge(s) for cable programming service installations' (from L1-es
6 or 7 of Equipment and Installation worh3heet)(1lotei include
appropriate franchise fee):
Peed Actual
(a) Hourly rate '
OR
(b) Average installation charges:
1. Installation of unwind homes g_
2. Installation of prew/red holes
3. Installation of additional connection at time of initial
installation _
a. Instillation of additional
connections requiring separate
installation S g
S. Other installations (specify)
* It you have further enarIii for additional conhectlons beyond those
reflected in your installation charge, attach a sheet eiplaining your
calculations and setting forth those additional charges, 346 Note to Cquipeent
and Installation worxsnett Instructions.
5
-
W tR 4n9~
,gendaNo
Agvdaltem
We 1.2
(2) Charge for cnarg:ng ::ers :f any (from _.ne 21, 30 :r 3 :f
Equspment and (nstallat:cn roresnew (Note: include apprcpriate
franchise feel:
Permitted ;ct al
(3) Montnly cr.arge for :ease of remote controls (from Lire :n
Equipment and :rstailaticn '■orKsneet)lNote; .ncluee acprocr.ate
irancnise ftel:
Permitted ic::al
Remote control type S
Remote control type 2: 1~^ f_
Remote control type 3: f_
(Y( Monthly charge for :ease of converter boxes (from Llne 21 In
Equipment and Installation Worxsnett)(*OW ,ncludt appropriate
franchise fell:
Permitted Actual
Converter box type g f
Converter box type 2:
Converter box type 3: f-- S-
(5) monthly charge for lease of other equipment (from Line 28 in
Equipment and installation itorxsheet)(Mote: include appropriate
franchise fee). Ptrmitted Actual
Cable home wiring: S s-
Other equipment (specify): g S-
5
I
I i
M1
agenGal~o. ~ 3--orL C>
Apen4altem_ L-1-5 #-2
Date
=°~-~-9 8
FCC FORM PART II
YORISHEM AND IMSTRUCTIONS FOR CALCULATING
MAIIMUM IMITIAL PERMITTED RATES FOR REGULATED CAS42 PROGRAMMING SERVICES
a
(INCLUDES B&CMIARI RATE TAKES)
~rI
h
t~------~
Worimbecu for Calculadag Maadml2M Initial Pemded Rase pet ctaaneP ndaNo. /3 -o VG
for Bauic Tier or Cable Prog amiea Service ACW? item 96 a
f>a -al I9
Coll Operem Neer: Commuasy L'aa ID 1CUM) Dw lea
Frucalr Aur6orty' Buie Tier Cable Pre6nmm6 XuvIt Ooei / ✓ /j ®(7
Pyr i o! 2
Workahm6 1
Calcuuoao of Palo Le Effect on latoal Due of Rspela'•ne of Bcechmark Compartem
A B C D E
Los Lre Dwmpuen Inawcon Bus Tin 2 Tier I T.w a Taal
10l Tier CUrte McnW?) Enter for ell Tern Offered
;C2 Tin Channels Ema for 411 Tort Off"
103 Tarr Subscnben Emtr for all Tws Offend
lad Egeapmcm Peaenue iManWr) Enter to luxe Column Ody MMMA
M Chute Fsacr ilme 101-Um 103)-Lm 104A
106 Channd Fsacr Lute 102 - Lae 103
107 Chutt per Chaaad Liao ME r Las 106E
1C3 Fruaew Fee EApmse iManlty) Enw Cdy Fr Included u Lm 101 Clary (Sew Worksh" Uswv cul
109 Franchar Fee Deduawe Lmr 106E / Las 106E
110 Bus Role pet ChuaW Low 107E - Los 109E I
121 Ben tinwk Chaand Pus Eater from Aaecamera A
122 GNP-PI (currenl) EAw from Survey of Currew luamat Tale T U. Los A. ewa rtcwt 444AW
121 bt0aoor Foam Itues 122E 1121 2) -1 11212 • Its Qtr 1991 GNP-Pfl
j 121 Adruemee Time Pmod Eater Nusha of MOmha from 9a30N7 w Dew of Curree Rata
123 GNP-14 Time Ftrod Esser Nuob" of Moml (ran 9/3692 w ew t reem GNP-PI Glower
126 Time Feeor Lam 124E I Loss 12SE
127 taprooa Adiuemes Foam (Las 123E - Lae 1261) . 1
123 Adywasid Boachmart Raw Lisa 121E • Lae 12TE
tf Lher I I OE to Ism am w *"d to W 1232, ekes b W*rWm 3 ad saw LAW s 106 as Use 300.
it LW I106 Id par dims use 1236. s mislay Wwk mee 2.
Worb lad 2
Cakukli m of Raw is EffwA an Sepwmla 30, 1942 med Bachusrk Comrparimem
A B c D E
Las Lem DearodmL lemuatm saw T W 2 Ter 2 Tw d TOW
1 201 Twr Chugs IMowhly) EOW for ad Tism Offered
202 Twit Umbels tow (w 42 Twit Offervid
203 To Ubeet" Earn foe ell Tien Off"
206 E4wlsm ms Rana. rkhow-y) Ere ke Sam cda only
203 chop Fsotm (Elms 3016Lre Wrr4i.re MdA
2% Chsani Fees( Lys WI 6 Lim 201
20T Chop For CiwW lye 7432 I Lm M
201 FnuNir Foe Impr 04swW f teams Only Fes tadebd is Lab 201 Clary (kr WW W" lum"W"I
209 Frrshim Ism Dshnla Lime 201E I Lams W61
210 lot Rye pe OANd Lim 21M - Lam Wit C
220 Ismehmork Chomaf RAM Err free Ameba" A
If Lhms 2106 le 1ms dm or sgnei r Lys 2706, p to ww1&m ) ad am W 2106 a W 300.
it Lhe 3106 M poser W Lim 2101. p r Lys 230.
130 Rowed UN Res dread U01101609 Re p r"M Rm6emml
East parr of lira 2906 ad 1301 as Warlrlee 3. Ls 900
1
L
A~sodaNo. 13 • o ~G
Aaendalta~ Ey-s~ ~
Date - / 9
J / J-7,2 d
Cob It Oprrror Sam Comsua,ry Lea ID ICUfDI. Osa
Frmaehsm AwApMq BuK feu Coble Pre
tremut 1CueloOomi
7eplof2
Work6bESt
Removal of Egtupmlat mad WLLIUMM Cab
Lu;m Lire Dracnpuca losnw»s
300 am Rum pee Channel Eater from Warkebes I ILiam 11091 or Worteeos 2 flow 110E er 23CE)
301 Egwpmem 4 UuW Gas iMoethl3) Eater from Pert IU the Sum of Lim 3 ead Doe 2 r3cbedule Ci, mvtdep by 12
302 Chamd Favor Eater from Watkebes I lt+ 10691 or Workabmme 21L,em 204E1
303 COE Pity SOWnbil U U41 Lw 301 1 Lim 301
301 Bame Son" RUN per Channel Lob 300 • Low 303
U L.mE 300 EESeaI NEW Wmfab+e 1, 30 to Lim 600 W mmr Limo 301.
V Las 300 eddsred ham Wwkshm 2. So to Wmtabw 4,
Workmbmt 6
AdpAub Ot for Laf oliim
Lea Lum Dam rWwo Lesrvcbm
moo Boom S.rvw Rae per e6aaod Fader rtom Liam 301
401 IeflticE Ad2uetomm Fww Eaw rro%wwkakes Lao 127E
401 Adjm aw Use Sor Ram per CmAda Lim 400 a Lid 401
Lf 61*W kmm mmvled ter (Lim 102) read aror~ mnskEr of rgedrmd eel mm{m memimm ekmmmm~m, r mdmmemlrr,
So ho LEE 600 W omr Lim 602,
v k 4m ma mt pbas wakmkmw 3:
WorkEhmme S
"*OWN for Mmgw cm Nmbw of R*pWW CltmpW
Lod Lim Dmetrpeta i Lmtnmm
S00 Aod W Due Sw fur pr Cbmm d Err (rem wdrLrms 4 (Wm 1023 or wdrkaw 3 Milos 301)
301 3 emhmmi Ckmd Boom (MmdYr1 Low figs wwkA" 2 (Loom nm
302 EmWamk Cured Bum (N4w) Etmr fros watAm I (Lim I I=
303 Chased Adtatem Fmmmr (Lm 302 - LJm 301) f Lim Sol
304 Cam A)mW how Sw-Rom par Cho W 300 a (I a We 303)
I
Lf W=Msr f wr not m1 W %I a Lim 100.
[ 400Mm6iiiiiiir Wi PWOM d 3W pr Cbmmd tow bas W 30t. 6m a 701.
i
Agenda No
Agendai!ern LC
16
INSTRUCTIONS FOR WOR1LSHEETS CALCULATING MAII)Ojm J
INITIAL PERMITTED RATES FOR REGULATED CABLE StRVICES
'r,eSe ins:rut::ors are :a :e used when comalet:rg Workanee:s tnraugh 5
:f 'art of •`=C 313. a :ng :ne worxsnee:s will enaole
-ax_-gin .ate you :o comquce -me
you Tay rurrer.aq cnarge for regulated -rc-gr&=icg services under
:ne 3 r;.1es, :f your curren: rates exceed the ux:mum permitted rate you
e on :ne worvsnee:s, you,mUst sutm.t a cost-of-service snowing to support
osr rates. :f you to -o' :c so, you will nave your rates reduced to the max.mun
:er.-:tted rate and to ordered to refund the excess to subscribers as
-ecessary,
An overview of :ne various calculations you may be making is set forth in
tee General ;r.s:r.c:tons for Completing this farm. In addition, a decision flow
:na r- 1s a::acred as Attacrunent B to this Part. This chart is designed to help
you visualize the different steps you will be taking to compute your maximum
-::Sal permitted rate. Reviewing tnese materials first will assist you in
completing the worksneets.
I
Instructions for Worksheet 1:
Worksheet 1 must be used to calculate the average Base Rate Per Channel
:hat you are currently charging for regulated programming services and associated
equipment. The Worksheet also must be used to compute the Benchmark Channel Rate
oi:h which your current Base Rate Per Channel will be compared, If your current
Use Rate Per Channel is e,,al to or lower than the Benchmark Channel Rate, your
rates will be found reasonable and you will sot have to reduce them. If,
ncwever, your current Base Rate Per Channel exceeds the Benchmark Channel Rate,
you will have to reduce your rate in accordance with the calculations set forth
:n Worksheets 2 through 5.
Line 101 Tier C>%ne, In the relevant column, enter your current monthly
cnarge for your basic service tier and for each tier of cable programming service
that you offer to subscribers. Do not include any premium progra ing offered
on a per channel or per program basis. In addition, use your standard non-
discounted program service rates; do not use any bulk or other disoounted rates
that you say offer to special classes of customers.
Line 102 Tier Chancels, In the relevant column, enter the number of channels
inoluded In each tier of regulated progra®ing services you offer to subscribers.
Line 103 Uer Suaeeribers. In the relevant boluan, enter the number of
subscribers in your system who subscribe to oath tier Indicated.
Line 104 Equipment Rennw Per Month, To calculate your monthly average
equipment revenue, take the total revenues you earned over the last fiscal year
for the following categories of equipment and Lnstallation serriess:
( ' ) converter boa rental; (2) remote control rental; (3) additional outlet fees;
installation fees; (5) disconnect fees; (6) reconnect fees; and (T) tier
t
AgafdaNo.~~3
:nar.g:ng fees. Divide teat tots: :Y '2 to ;m /-yam
!ant'. Enter this figure in Cal,= A of ccmbute year Equipment Revenue =er
.:r.e -4,
Vent"- ;n order to :e:erx:re the average ?age Per Cnannel ?ate :a::
ty subscribers to your system, tie -Per Cranr.el rate far earn tier is ~eIgnoea
accorcirg to the n:moer of suoscrlters to that tier, 30 that tiers with sore
su:scr;oers C:.r, more in determining the average :nan :Iers vi:1 fe%er
si:scperess. :c Isr-Otget.rg is.dcre oy :etermining a weighted average xntrly
:y a weighted average of the -.suer of aannelsureceived oy each sea scrL:er tie
"Cnannel Factor" calculated in -re 'C6?.
Line 105 Charge Factor. Multiply the monthly Tier Charge in Column A ;n
'01 times the number of suoscr:term for that tier set forth in Column A in ire
'03. Add the Equt:ment Revenue Per ,~4inth from Line 104 to this figure and enter
the total in Column A, Line +05.
I
Next, multiply the monthly Tier Charge in Column 8 in Line 101 times the numcer
of subscribers in Column B of Line 103. Enter the total in Column 8 in Line 105
do not aid the Equipment Revenue Per Month from Line 104, Repeat this
calculation for each other Column that you have completed.
Finally, add the figures in Col=m A - D in Line 105 together and enter the
total in Column E of Line 105.
Line 106 Channel Factor. 4ultiply the number of channels in Column A in Line
102 times the number of subscribers in Column A in Line 103. Enter the result
in Column A of Line 106. Repeat the same calculation for each column In Line
106. Then, add the figures in Columns A - D in Line 106 together and enter :ne
total in Column E if Line 106.
Line 107 Charge Per Owml. Divide tna total Charge Factor from Column E.
Line 105 by the total Channel Factor f.':m Column E, Line 106, Enter the result
in Column E of Line 107. You have now completed the weighting process.
Franchise Fes. The calculations in Lines 108 and 109 will enable you to
separate out any franchise fees that you Include in your subscriber rates. If
you charge subscribers separately for franchise fees and do not include those
fees in your service rates, you do not need to caplets these steps and should
enter 10.00 to Lines 101 and 109. If you do include franchise fees in your
service rata, oWlete Lines 108 and 109. For purposes of this calculation,
"franchise fees' means lees paid by the cable operator to the local franchising
authority which only cable operators, and not owners of other kinds of
ousinesses, are required to pay,
I
Line 101 - Franchise Fee
Lapense (Monthly). Calculate the franchise feel You I
pay for regulated services and equipment during an average month. Enter that
total monthly payment in Column E of Line 108,
I
Line 109 Franchise Fee Deduction. 7o calculate the weighted per erannei
francnise fee, divide the Monthly Franchise NO, Espense from Line 108, Column
E by the total Channel factor from L.re '^6, Colwon E. Enter the result
2
good? h'a l ~ ' 0 ~
Line 110 Base Rate per Channel. S term:' • -e Frar
fr:m the Charge cn:Se Fee :educ:i:n _.re
Per Chanre.. ::re Enter •"e -
'his mutter :s your current lase 'a:e " esu.t :n C^e tOK _-e
!r :har,nel. is [lie -:hoer :r.a:
to :bxcareo to your ccsce:: re bencnourK to :etermine whether yc,.r
ices are reascnaoi! :r need to :e
Benchmark Calculation. 7',! -,ex: :a.ru/auto ycu w.;:
y:_r c_•,:e::::ve :encrzarc rate. ^:s rate re:resen:s the rat! :rat .ou.:
:e crarge.- :y a :a:le system facing corce::::on nat has similar cnarac erist::s
your tun, .ne :-ree cnarac:er:stics that wit; to used to this analysis are:
one ,-ncer of -nanne.'s ch regulated cregram tiers that you offer; t2; ice
-..i:er of s.oscri:ers served :y your cao:e system: and (3) the --inter c
salei:i:e-c!::vered signals you carry or, your regulated program tiers.
line 121 Senchaark Per Channel Rate. A:tacrment A contains the :encrmark
rates aer cr,anrel for cable aystets rltn different rumters of channels on
regu.ated tiers ano different nuroers of satellite-delivered signals. There are
sign: [ages of benonmarK rates for systems with 50, 100, 250, 500, 150, 1000,
'510 and '0,000 subscribers, 7sirg tre table with number of subscribers closest
to the number of subscribers on your system, select the benchmark per channel
rate from the, table. (Note: All systems with 10,000 or more subscribers should
use the 10,000 subscriber table. Our analysis revealed that there is no
ieasurable differen:e in the bencrubark rates among systems with more roan 10,000
rubscriters.) Enter the selected tenchmart per channel rate in Column E of Line
'21. (Note: if the total number of channels on regulated tiers ant/or the total
-}moor of Welllte-delivered channels on those tiers for your system falls
:etween the channel increments listed in the tables, you must interpolate tre
correct benchmark per channel rate. instructions en how to perform these
interpolations are ittacned at the end of the benchmark rate tables. If you do
rot wish to interpolate the correct tencn:nark rate, select the lower rate of tie
two oenchmark rates you fall between. Alternatively, you may apply the FCC's
:encnmare formula to calculate your oenchmark rate.)
Inflation Adlustaent. The benchmark oar channel rate that you have lust
selected was cased on cable rates in effect on September 30, 1992. Therefore,
to make sure that the benchmark against which you will compare your current rates
is not too low, tits benchmark pir channel rate must be adjusted forward for
inflation since September 30, 1992. The calculations in Lines 122 through 128
or Worksheet 1 will enable YOU to adjust the Benchmark Per Channel We in Lire
421 for inflation.
Line 122 » CAW-PI (Curmt), Enter the Crgss National Product Price Index (OF-
?I) for the most recent quarter in Column E of Line 122. This numosr tali to
found in the "Survey of Current Business," Table 1.13, Line A (Moat Recent
Quarter), which is published monthly by the U.S. Department of Commerce. '1:e
number will also be published periodically by the FCC,
Line 123 ]illation Factor. Divide the current CNP-PI from Line 122 by t^e
C1fP•Pl for the third quarter of 1992, wnice 13 121.2. Subtract 1 from the
resulting figure and enter the number in :olumn E of Line 123.
3
L
I
Agerr.131;em. 5
Line 124 Adjustment Tice Period. Enter o:= E of Lice '2+ :ne aster
:f -cr,tns from Septemcer 30. 992 :0 .ae :ate you w::; ruom:t tn:s fora.
Line 125 CWP-PI Time Period. Enter :n CO: nn E of Line 125 tr.e nsecr or
-trims from Septercer 30. 1992 to %me ene :f the zest recent C~'P•?: :ua r er.
Line 126 Time Factor. :v1:e tr.e rWmcer of zontns :n'..me '24 ty ne ter
:f T.,tns .n -.me '25 and enter :n Col.:n E of L1ne '26.
Line 127 Inflation Adjustment Factor. M61:iDly the Inflation Factor :n L ne
'23 t:,aes the Tiae Factor in Line 126. Add 1 to the resulting figure anc enter
the number :n Column E of Line 121.
Line 128 Adjusted Benonarak Rate. Multiply the Benchmark Channel ?ate from
-ice '21 times the :nflat:on Adjustment Factor from Lins 127, Enter trio
res,r!%irg figure in Cc!--mm E of Line 128. This is your bomonz ark channel rate
that nas teen adjusted forward for inflation.
You are now ready to compare your current rate W the benchmrk:
!f the Base Rate Per Channel in Line 110 is less than or equal to trio
4d1usted Benchmarx Rate in Line 128', your current per channel rate is reasonable
and you do not need to reduce it. You snould now skip to Worksheet 3 and enter
.no rate from Line 110 in Line 300 of Worksheet 3. This worksheet will onabie
you to remove your equipment and installation costs from your Base Rate Per
-hannel. The resulting number will be the maximum rate per channel you can
currently charge for regulated progra®ing services.
If the 9a3e Rate For Channel In Line 110 is grater than the Adjusted
9enc,wrk Rate in Line 128, your current per channel rate is unreasonable and
nust be reduced if you do not wish to submit a coat-of•service showing. To
determine what your maximum permitted rate is, you must complete Worksheetz 2.
Instructions for Worksheet 2:
If your current per channel rate is above the benchmark, you must now
examine your per channel rate as of September 30, 1992 and compare it to the
tenchmark. If your 3e9teme4r 30, 1992 rate was also above the benchfark, your
maximum permitted rate will be your September 30, 1992 rate, reduced by 10
percent or tm the benchmark, whichever is lose. If you do not i"lowt this
rate redietiem, you saast subelt a oat-of.servlee showing. If your current rate
is abowe the banchwk but your September 30, 1992 rate was equal to or below
the benohmmrk, your maelmw permitted rate will be the benchmark rate, as
adjusted for inflation. It ynu do not reduce your rate to this level, you eat
submit a cost-of-mervioe ahowing.
Worksheet 2 will enable you to calculate your Use Per Channel Rate is of
September 30, 1992 and then compare that rate to the Benrhfark Channel Rate.
The calculations will mirror those you performed whom dtlmputing your current Base
Per Channel Rate on Worwneet 1.
W
i
I
~lerrONO ~ ~ -
pr,,;3~(01A
to __1-? t)/
Ina 201 Tier Charge. the r_-eev' co-nn,, enter your mantrly :rzrfie aso a a~a5b
of September 30, 1942 for your :as:: serV:ce ter and for eacn ter of ;ao.e v
rrcgramssing service that you offered :o s.oser:ters on that due. :o rot :rt..de
any premium programming offerer :n a per :ra,nnei or ter orcgram rasa. . ,
1::1ticn, use your s:ancar: nar•: a :ountr: orojraz service rates: :o roc use ar.y
or otner discounted rates t-,&: you ray nave offered :o spec:al ::asses :f
..s::ters.
Line 202 Tier Channels. :ne re.evant poi sn, enter, :the rumcer :f :eann,e.s
r:uuded in each tier :f rf%u.ated :rcgramtirj services you Were:
su:scr:oers as of Stotts.ter 3., '992.
Line 203 Tier Subscribers. :n tree relevant column, enter the number :f
ruoseribers in your system wro rltacr:bed to eacn tier indicated as of September
30, '992.
Line 204 Equipment Revenue Per Month. "o calculate your monthly average
ecu.mment revenue as of September 30, 1992, take the total revenues you earned
over the preceding fiscal year for the following categories of equipment and
installation services: converter box rental; (2) remote control rental; (3)
addi::dnal outlet fees; (4) installation fees; (5) disconnect fees; (6) reconnect
fees; and (7) tier cnangirg fees. Divide that total by 12 to compute your J1
Equipment Revenue Per Month as of. September 30, 1992. Enter this figure in
Column A of Line 204,
Lice 205 Charge Factor. Multiply the monthly Tier Charge in Column A in Line
201 times the number of subscribers for that tier set forth in Column A in Line
203. Add the Equipment Revenue Per Montn from line 204 to this figure and enter
:ne total in Co, ..2n A, Line 205.
Sekt, multiply the monthly Tier Charge in Column B In Line 201 times the mummer
of subscribers in Column B of Line 203. Enter the total in Column 9 in Line 205
do not add the Equipment Revenue Per Month from Line 204. Repeat this
calculation for each other Column t•it you have completed.
Next, add the figures in Columns A • : in Line 205 together and enter the total
in Column E of Line 205.
Line 206 » Chmmowl factor, Multiply the number of channels in Column A in Line
202 times the number of subscribers in Column A in Line 203. Enter the result
in Column A of Line 20. Repeat the sack calculation for each eoluln in Line
206. Then, add the figures in Columns A - D in Line 206 together tad enter the
total in Column Z of Line 206.
Lint 207 Charge he Chum!. Divide the total Charge factor from Coluatn to
Line 205 by the total Channel factor frog Column t, Line 206. War the result
in Column t of Line 207.
Liao 208 Femnehiee fee Erpenee (Monthly), Calculate the fronchiso fees you
paid for regulated services and equipment during an areragt month for the fiscal
year preceding September 30, 1992. Enter tnat total monthly payment in COluan
of Line 208,
S
a~cndauem 1+J5 ~
Line 209 Franchise Fes Deduction. 'o a :cu:a:e :re .ei;n;ed ter _ra re,
'ra-crise fee, divice :re War:e:y ~rancnise rem Excense from :ire 2:8,.
cY :re total Crannel Factor fr.... ..re 206 , .
.'ter re res...
.._..n . of .ir.e 2:.a, r
Line 210 -Base Rate Per Chahn
:e: u. ..:n . . el (September 30, 1992). Suttrac: .re
-esu:: :r -:rtax a 1. 2fr m ire .nar;e Per Cranrei Ln L.ne 2:1, ?rater-.re -ire is %mcer is your 3ase ?ate Per :ranne: as
Seo:emcer 3'?, '392, rii.: to :=cared to your :cmpetittve ter:-warn as
Se:%emcar 3C. '992 as -art of ccmcr,%irg your curren: maximum term:aea rate,
Line 220 Benchmark Channel Rate (September 30, 1992). 'o -ocpire )J~r
So::ember 30, '992 ?ass Per Cnannel Pate to the tencraarx, use the numcer :f
regulated cnanneis. satellite-delivered signals and sutscriters on your sys:a.~
as of September 30. 1992 to find :re appropriate Seotember 30, 1992 Bencrsar<
:rannel ?ate on :ne tenor: arx :axles attached as Attacroent A. (See instructions
for '-ire 12', aoove, for furtner guidance in using tenormark titles.)
You are now ready to caepore your September 30, 1992 rate to the September 30,
1992 benchmark:
If your Septemoer 30, 1932 S:se ?ate Per Channel (Line 210) is less than
or equal to the September 30, 1992 Benchmark Channel Rate (Line 220), your
maximum permitted rate will to the September 30, 1992 benchmark rate, adjusted
forward for inflation. You may now skip to Worksneet 3 and enter the number in
tine 210 on Line 300. Worksheet 3 will enable you to remove your'equipnint and
installation costs from this per channel rate to determine what your maximum
:ermitted program service rate should to.
If your September 30, 1992 Base Rate Per Channel (Line 210) is greater than
tie September 30, 1992 Benchmark Channel Pate (Line 2201, your maximum permitted
rate will be your September 30, 1992 Base Rate Per Channel, reduced by 10 percent 1
or to the benchmark, whichever yields the higher rue. To compute this rate,
you will need to complete Line 230.
Line 230 Reduced We Rate For Channol. Multiply your September 30, 1992 Base
?ate Per Channel (Line 210) times 0.9 to reduce that rate by 10 percent; enter
the resulting number in the box in Line 230. Then, take the greater of the
Septaber 30, 1992 benchmark (Line 220) and the reduced rate per channel you have
just computed in Line 230 and ertte it in Line 300 on Worksheet 3.
Instructiotu for 1lorkaheet 1:
The per channel rates you rave calculated so far have Included both
programming service rates and rates for equipment and installations. The 1992
Cable Abt, however, requires you to unbundle your programming service rates frog
your equipant and installation rates, as well as to unbundle those rates one
from the other. Worksheet 3 is thus designed to separate your equipment and
installation costs from your programming service rates. The resulting rate will
to a per channel rate for programming services alone.
agendaNa. -0
Agendaltem ~cLine 300 Base Rate Per Channel. :f ydu a:rpie:ed '■'orxmeet ' only, ur
-Eas e e ?at 230. e Per Channel from .re :n .orxsnee: enter
an Line 300, :f you compe:oec
Worksheets 1 and 2, enter :ne aporopr ate figure from either ::ne 2'0 or
.:n
Line 301 Equipment and Installation Costs (Monthly). In ercer to ccmo:e:•
r a .:ne, you mus: nave compete: Scneeules A, 3 and C and :he+'orKlneet for
and Ins
::::sent tal:at:on Charges in Part
rater.als, re:r.eve Pre n.~tcers entered in L.re 3 ..of bhe :his fora. From :case liorKs 'Ox 3 of Scr,edule C and all :r,em togetr, xe th r
ultiin tot g tot ailee: arc
:y '2. .his figure r_f_ec.s the costs you meur in in average and for
e;u:oment and :",3ta;:&tizns. Enter this number in Line 301 age .manta or
Line 302 Channel Factor. :f you completed Worksheet I only, enter the m.,oer
from tine 106, Ccluxr E. If you completed Worksheet 2, enter the number from
Line 206, Column E.
Line 303 Cost per Subscriber-Channel. To determine your equipment/
installation costs der subscriber per channel, divide your monthly equipment aid
:nstailatton costs from Line 301 by the channel factor from Line 302, Enter the
resulting figure in Line 303.
Line 304 Base Service Rate Pei Channel. To unbundle your equipment and
installation costs from your base per channel rate, subtract the Costs Per
Subscriber Per Channel in Line 3o3 from the Base Per Channel Rate in Line 300.
Enter the resulting figure in Line 304,
It you completed Worksheet t only, the rate reflected in Line 304 is your maximum
permitted rate per channel for programing services. You should enter this rate
in Line 600 and complete the Cover Sheet to this form.
If you oompleted Worksheets 1 and 2, you will need to adjust the Base Service
Pate Per Channel In Line 304 for inflation and therefore east complete Worksheet
Moreover, If there have been changes in the number of regulated channels
and/or subsrrlbers on your system since September 30, 1992, you will also need
:d adjust the Base Service Pate Per Channel In Line 304 to refloat these changes.
.his can be done by completing Worksheet 5 after you finish Worksheet 4,
Instructions for Worksbast 41
Worksh" t 4 is to be used to adjust your masir;m permitted rate for inflation
that has omrrod between September 30, 1992 and the date you submit this form.
Since you hate previously calculated the appropriate inflation adjustment factor
in caexpletind Worksheet I, you will simply need to apply that factor to the last
Rate Per Channel for programming service calculated in Worksheet 3.
Line 400 Bra Service Aste Per Gunnel, Enter the Bus Service Pate Per
Channel from Line 304 of Worksheet 3,
Line 401 Inflation Adjuataw t Factor. Enter the Inflation Adjustment Factor
you previously calculated from Line 121 of Worksheet 1.
Line
Line 403 Adjusted Base Service Rate per Channel, "ultipiy the Base 5err:;e
Per Channel in Line 400 :::,,es the -a.;.n Aajustment Factor to) :,re
--ter :ne resulting rumcer :1 '.ire 403. 'hi- figure is your ease Service ;Ate
?er, .nannel, as 4djcsted for;nfla:l0n.
Ad ustoents for Changes Slnoe Seoteaper io egos t
.'orKSnee: 2, -ne bent. rK channel rate you uses for :nose calculations -at bas ed
on :he nutoer of regulates CnarT013, stellite-dellverea signals and sutscr:ters
:n your system as of Sebtemcer 30, 1992. If none of these factors has since
:ranged, you ,ray appropriately use that comemurk and therefore need rot cctpiete
+orKitees 5. If, however, :mere has been a change in your system with regard
to one or tore of these tnree factors since September 30, 1992, the tencrmarK
against which you compared your current rates may 4130 have changed. therefore,
you will need to adjust your permitted rate to aoaaunt for these Cnar9e3.
Worksheet 5 should be used to perform these calculations.
Line 500 Adjusted Base Service Rate Per Channel, Enter your Base Service Rate
^or Channel from Line 304 on Worksheet 3 if you did not complete Worksheet u,
f you aid complete Wcrk3neet u, enter your Adjusted Base Service Rate Per
:cannel from Line 402.
Line 50t Benchmark Charnel Pate (Baseline).. Enter the Benchmark Channel Rate
you computed In Line 220 of WorK3h.`et 2.
Line 502 Benchmark Charnel Rate (Mgr). Enter the Benchmark Channel Rate you
computed in Line 110 of Worksheet 1.
Line $03 Channel Adjustment Factor. Subtraot your Baseline Benchmark Channel
late in Line 501 from your New Benchmark Channel Rate in Line 502. Divide the
resulting number by your Baseline Benchmark Channel Rate In Line 501 and enter
:ate figure in Line 503,
Line 500 Clwinel Adjusted Bose Service RAU Per Channel, Take the Channel
Adjustment Factor in Line 503 and add 1. Then, multiply the resulting figure
times the Adjusted Base Service Rate Per Channel in Line $00. This will give
you your Channel Adjusted Use Service Rate Per Channel, Enter this number in
line 600.
Congratulatioamt You have now completed 0.:1 calculations necessary to compute
your maximum permitted rate per channel under the FCC's rate regulations, Tre
rate for eaoh tier Of regulated services you offer will be reasonable under the
FCC's rules if it does not exceed the product of this rats per channel times the
number of ohusnels on that tier. To Aake this final calculation, the number you
entered on Line 600 should now be entered 'an Page 2 (or A) Of the Cover Sheet
to this forty. Follow the dlree:lons on the Cover Sheet to finish your
computations.
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Agenda No
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date
FCC FORM 393 PART III
HGRCStIEM AND IWR=IOKS M CAI.LZJLATIN
EGUIPMW AND INVALLATICIII CXAWM
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Date
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-CITY
COUNC:
coc_
~`v `LL'.---
Agenda No. _l~ 05~d
AgendaItem,1~)_V
Debar 21, 1993
CITY COUNCIL AGENDA ITEM
TO: Mayor and Members of the City Council
FROPA. Lloyd V. Harrell, City Manager
SUBJECT: RECEIVE A RECOMMENDATION AND HOLD A DISCUSSION ON THE SOLID
WASTE MASTER PLAN ADVISORY COMMITTEE
RECOMMENDATION:
No recommendation required, received a report on the Public Utilities
Board recommendation and hold a discussion.
SUMMARY:
The current Solid Waste Landfill is projected to reach capacity by
1997. Efforts are underway to permit and design a new landfill
facility. The size, longevity and associated cost of a new landfill
is dependent upon the management strategies that are utilized by the
City operation.
The City Council is interested in developing a more comprehensive,
community supported approach to solid waste management. The key
ingredient to this type of approach is the development of a long range
plan. In an effort to facilitate the development of a comprehensive
solid waste management plan, the City Council and the Public Utility
Board have committed to providing the leadership and resources
necessary to identify and develop short and long-term management
strategies for the Denton community.
As with the previous community committees such as the Solid Waste
Advisory Committee (SWAC) and the Denton Area Solid Waste Techrical
Committee (DASWTC), the recommendations from the master planning
process will influence and shape the City's future solid ~iaste
programs, The City Council anticipates the benefits of this process
to be a more cost effective management of the community's solid waste,
the conservation of natural resources and energy, improvements in air
and water quality and compliance with state and federal regulations,
BACRGROUNDr
At the November 18, 1993 Public Utilities Board meeting, two members
of the Board, Lillie Clark and Bob Coplen were assigned the task of
assisting staff develop a list of Solid Waste Management Advisory
Committee members, The task force met on November 22, 1993 and
established the proposed advisory committee mEmbership approach that
i
.~yr
p
c
r ~taDp 288 GRA STATE OF TEXAS r.
COUNTY OF DENTON
WHEREAS, Rancho Mato Development Company, i". and Expoitlon MNi~ Of r1
owners of o tract of land situated %i the city of Denton, Donlon County. Tgyoe,,l
Survay, Abslroct No, 1407, being part of the sonic' trait pro~ou$lY'd4wI yiode recorded in ume 2605, Page 485; Real property
Records of Dwnton, County Y Vol
being more particularly described by mates and bounds de follows''
k±i
COMMENCING at th more southerly southapst cutback comer for the intersect
Highwoy 35 (w-35) (voriable width) and the loop 288 (variable w►dlh);
GRAPHIC SCALD
THENCE South 01'13'26' East with the eosterly line of sold H-35, 31,42 feet 0
100 0 o ea lpp zap conc. ee! for the POINT OF BEGINRINO, the northwest comer of
the herein desert
THENCE North 89'58'46" East, ilgving sold 60800y 0e, 1275,37 feel to o set 5,
THENCE South 00'01'14' East, 765.00 feet to a set 5/8" iron rod In conc. 1
R. OA C.01 1 0
MON. COMW INCING C IN FEET )
1 1n0r. A 100 1t. THENCE South 89'58'46" Waal, 1251,55 feat to a set 5/8" iron rod in aono. on line of 41H-35;
Got 2, BOCK A 1
EVoSiTION Mllis
RANCHO 41STA KMV LO ;NY CO. THENCE northerly with sold time the following live (5) courses:
I T VOL.1449, PG. 996 " P0#4 R,P,R.O.C,T -f W". VOL. 28954 PQ. a North 43'46'20"
fast, 88,51 feel to a set PK nail,
Bt5oI'NNINJO . R,P,R,D.C.YNorth 46'55'20' West, 100.00 fact to a right-of-woy monument;
ne , North 03441'297 West, 421,52 feet to o right-of-woy rnonunianti
ffp f 5~'rR5 North 13040'46" East, 14008 feet to d right-~of-woyy monuments
c m~ r w. 5y ~I`e. In coot North 01'13'26 West, 89,05 feet to the F*N1'Or OE01NNINO am con6 ~ e
991W 446* F • 1111104141, 59' UWity 22,493 acres,
N cone, N k
,Il i t I
STATE. OF TEXAS ow-
' ~ t,,' 514,15' COUNTY OF DENTON 1 CITY OF DENTON
2
' ,F. 754,0" I r?1 osema+ f' r 1 - . THAT Rancho Vista Development Company, and Exposition Mills
of Texas. Inc, a
t , t I I by and through their duty authorized officers, do hereby adopt this plot designs
I 1 $ described property as Exposition Niles, an oddition to the City of Denton, Texas,
dedicote to the public uis forever, the streets, oileyv, public use arms and ens
;he easements, as ahoWn, are hereby dedicated for the purposes indicated, No
140o"A9 1 + ! t r I other improvements shalt be constructed or placed upon, over or
across the ea
except for landscape improverents. In addition, Utility Easements may olso be osemen
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would be recommended to the Public Utilities Board. At the December
8th meeting, the Public Utilities Board reviewed the general direction
established by the task force and Indicated, with some minor changes,
their support of the proposed master plan advisory committee
membership and the associated direction, goals and activities. At the
December 15th meeting, the Public Utilities Board recommended to the
City Council the proposed membership of the Solid Waste Master Plan
Advisory Committee and the associated committee direction, goals and
draft outline of activities.
Exhibit I Identifies the proposed advisory committee membership.
Included in Exhibit II is the direction or charge proposed by the
Public Utilities Board for master plan development. Exhibit III
identifies recommended goals and ob3ectives of the planning process.
Exhibit IV provides a preliminary draft outline of committee
activities.
PROGRAM/DEPARTMENT OR GROUPS AFFECTED:
Citizens of Denton, Denton City Council, Public Utilities Board,
Department of Denton Public Utilities
FISCAL IMPACTS
Fiscal Impact unknown at this time.
Respect ly submit d,
Ll Harrel
City Manager
Prepared by,
AQB~43N9-Y...- 611~6~
Howar Martin, D rector AQC10d110
Date Oki'
ffNe 1 Operations
xecutive Director
Departmentof Public Utilities
Exhibit It Solid Waste Master Plan Advisory Committee
Exhibit Ili Solid Waste Management Planning For The Denton
Community
Exhibit III: Recommended Solid Waste Management Goals
Exhibit IV: Proposed Solid Waste Master Plan Outlined
FIL11C\WF51\CCA0ENDA\ADVIS0RY
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SOLID WASTE MASTER PLAN ADVISORY COMMITTIcE- , a ~r 9~
REPRESENTATIVE ~NA E-jrrr~RIENCE COMMENTS *rF
[CTY OF DENTO ~
1. City Council ?
2. City Council ?
3, Public Utilities Board Bob Coplen PUB
4, Public Utilities Board Lillie Clark PUB
b. Staff Howard Martin CHAIRMAN
6, Staff Bill Angelo *DASWTC Core Member
RESIDENTIAL (Sin le Mul Fam y_
Council Appolntments:
7. District I Residential Mark Chew
S. District 0 Residential Margret Smith
8. District III Residential Harold Perry
10.District IN Residential Jerry Cott
Recommended Participants: Ivan Glasscock **SWAC
Richard Edyvean SWAC
Linda Kobler SWAC
Jim Stone SWAC
Joyce Pool DASWTC Core Member
I Jim En elbrecht P&Z
I E
ndustr
ial Manufacturing Mayor and At Large
ommercial Business Council Appointments
r.R
es/Com. Construction
T-'
14, Med loal Industry
1S.Retall Business
IO.Trucking Industry
Recommended Participants: Al Stenzel SWAC Peterbilt
Ken Doblas Safety Kleen
Harold Stanley Nctor
Dale Branum DASWTC Core Member
Matt Goh Ike SWAC
"DCATION
17.Unlverslty of North Texas Ken Dickson DASWTC CO-CHAIAMAN
IS,Texan Woman's University Harry Meeuwsen DASWTC
10.Denton ISD (Elementary)
20. Denton ISD (Secondary)
* DASVTITC - Denton area Solid aste Technical Committee
SWAC - Solid Waste Advisory Committee EXHIBIT I
yta _Js?
SOLID WASTE MASTER PLAN ADVISORY COMMITTEE V I-' P
REPRESENTATIVE NAME EXPERIENCE COMMENTS
REG NAL
21.Denton County Government Mike Jones Director of Public Works
Don Hill County Commissioner
22.Upper Trinity RWD Tom Taylor General Manager
OTHER
23.Chamber of Commerce Ann Faye Manager of the Mall
24,Denton Extension Agent John Cooper DASWTC Core Member
25, Denton Record Chronical Kris Cobbler
DASWTC - Denton Area Solid ante Tec nical Committee
SWAC - Solid Waste Advisory Committee
I
I
~ x
Sys°~~~r~Y
SOLID WASTE MANAGEMENT PLANNING FOR THE DENTON COMMUNITY
In 1991, Texas reported disposing of almost 20 million tons of
solid waste in 632 municipal solid waste landfills. By the end of
1991, 100 of these landfills had closed and 136 were reported as
inactive, leaving about 400 active site. Per capita generation of
municipal solid waste has increased from 2.7 pounds per person per
day in 1960 to 6.3 pounds per person per day in 1991. It is
evident that the increase in generation rates and conventional
disposal methods of municipal solid waste cannot be sustained using
current managenent practices. Clearly, a more integrated,
comprehensive approach to solid waste management must be
implemented to address these issues.
The City of Denton Solid Waste Landfill has been in operation since
1984. For the fiscal year 1992-93, the landfill operation disposed
of over 450,000 uncompacted cubic yards of solid waste (255,000
compacted cubic yards). At this rate of fill, current estimates
indicate that the remaining landfill space (800,000 cubic yards)
will be fully utilized by 1997. Because permitting and
construction activities for a new landfill facility may require up
to three years to complete, the City is moving ahead with plans to
expand the existing landfill site.
The Denton City Council and the Public Utility Board have long
recognized the urgency and the need for community supported solid
waste management programs. Through Council directed efforts in
1988, the Solid Waste Advisory Committee was established to
evaluate various aspects of the City's solid waste operation. In
1992, the Denton Area Solid Waste Technical Committee studied solid
waste issues and made recommendations based on immediate need as
well as future alternatives. The recommendations from these
initiatives have, to a large degree, influenced and shaped the
City's current solid waste programs.
The key ingredient that is needed to facilitate a more integrated
approach in the management of our solid waste is the development of
a long range plan or roadmap. Solid waste planning has been
initiated at both the state and regional levels of government.
Existing Texas Natural Resource Conservation Commission (TNRCC)
regulations (Subchapter 0) indicate that a local planning
initiative may be required in the near future. Public
participation in the local plans must be an integral part of the
process for the plan to be approved by the TNRCC.
EXHIBIT 11
ags0a,No _J r6
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In an effort to facilitate the development of a comprehensive solid
waste management plan, the City Council and the Public: Utility
Board have committed to providing the leadership and resources
necessary to identify and develop short and long-term solid waste
management strategies for the Denton community. The City Council
anticipates the benefits of a comprehensive planning process will
result in cost-effective management of the community's solid waste,
the conservation of natural resources and energy, improvements in
air and water quality and compliance with state and federal
regulations.
The Denton City Council, with guidance and direction from the
Public Utilities Board, has directed the City staff to initiate a
community developed and supported Solid Waste Management Plan
(SWMP). The SWMP is to be developed utilizing a community advisory
committee, chaired by City staff, with reporting responsibilities
to the Public Utilities Board and City Council. The advisory
committee will consist of approximately 25 members representing a
cross section of the Denton community (See Exhibit I). It is
anticipated that the main advisory committee will assemble in
smaller groups, as needed, to address various issues in the solid
waste plan. These subcommittees may further involve special
community groups to investigate and develop the appropriate course
of action for specific issues. All committees and subcommittees
will be provided with administrative and consultant support as
needed to facilitate the master planning process.
in general, the Denton Solid Waste Management Plan will identify
demographic and waste stream estimates; assess adequacy of existing
waste management practices, programs and facilitiee; identify and
address short and long-range management alternatives; coordina'e
the local solid waste activities with regional and stat'i
initiatives; and recommend a plan of action to encourage and
achieve a greater degree of waste minimization, recycling and
resource recovery, The SWMP will address solid waste management
activities over a period of 20 years. Specific details and
implementation activities will be identified and presented in a
short-range planning period, one to five years, with less detailed
information for the intermediate planning period (6-10 yrs)) and
general information for long range (11-20 yrs) planning period. It
is anticipated that this plan would require updating approximately
every five years.
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PUBLIC UTILITIES BOARD D'!a a ~ y3
7
Recommended Solid Waste Management Goals
o Minimize the quantity and toxicity of waste produced from the
Donton community,
o Reuse or recycle a minimum of 501 of the current waste stream
by the year 2000 with a goal of 75% over a 20 year period.
0 Systematically expand the production of recycled or recovered
resources and encourage development of businesses engaged in
recycling materials.
o Provide solid waste treatment and disposal in a manner that
will protect public health, safety and the environment.
o Provide efficient, cost effective management of the
community's solid waste.
o Actively promote state and federal goals while maintaining
regulatory compliance in all areas of the solid waste
operation.
o Actively encourage community participation and promote
increased public awareness of solid waste issues, objectives
and activities.
EXHIBIT III
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PROPOSED SOLID WASTE MASTER PLAN OUTLINE
I. Goals and Objectives Development (Main Committee)
iI. Review of State, Area and Local Initiatives (Main Committee)
A. Existing Plans/Goals
1. Federal
2. State
3. Regional (NCTCOG)
B. Local Plans and Programs
1. Demographics
2. Current Plans/Programs
a. Planning Forecast
b. Capital Improvement Plan
ce FY93-94 Operation Budget
d. Solid Waste Rute Development
3. Status of Landfill Activity
C. Other Related Activities
1. Texas Cisan 2000
2. Vision Denton
3. Regulatory Compliance Of Wastewater Biosolids
122. Resource Conservation and Source Reduction (Subcommittee)
A. Residential Waste Minimisation/Source Reduction
1. "Don't Bag 2t" Lawn Cars Program
2. Backyard Composting
a. Grass
b, Leaves
co Brush
3. Recyclable Household Products
EXHIBIT IV
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4. Product Exchange -.7 3
a. Paint
b. Pesticides
c. Herbicides
d. Solvents
e. Miscellaneous Products
S. Workplace Waste Minimization/Source Reduction
1. Legislation
2. Product Packaging
3. Business/Government Activities
a. Compatible Computer Software systems
b. Electronic Data Transfer
c. Automated Purchasing and Receiving
d. Reduced Copy Volumes
ei Two Sided Documents
4. Cooperative Recycle Marketing
S. Construction/Demolition Material
a. Separation of Material
b. Material Reuse/Give-Away
6. School District Facilities
7, Medical Facilities
C. Public Education Programs
1. Public Waste Exchange
2. Private Waste Exchange
2V. Collection and Processing (Subcommittee)
A. Collection of Recyclables
16 Residential
a. Drop-Box
b. Curbside Separation
co Con,ringled Collection
d. Soparats Collections
2, industrial, Commercial, Construction
a. Waste Separation
b, Commingled Waste
co Recyclable Collection Routing
' PMYM~
Agenda No.23
3. Special Waste Collection AgGr,ddilem
a. Medical Wastes 0
b. Hazardous Household Wastes Q
C. Used Oil
d. Waste Tire
B. Type of Collection
1. Manual
2. Automated
C. Waste Processing/Recovery
1. Conditioning Activities (Chipping Yard Waste)
2. Material Recovery Facility (MRF)
a. Separated Waste
b. Commingled
c. Processing Flexibility
V. Treatment, Disposal and Resource Marketing (Subcommittee)
A. Landfill Development
1. Landfill Capacity Analysis
2. Land Acquisition
3. Permitting
4. Construction (See MDR Contract for Detail)
S. Ultimate Site Development Plans
B, Sludge
1. Treatment to Reduce Pathogens, Pollutants
2. Beneficial Use
as Land Application
b. Compost
c, Waste to Energy
3. Landfilling
C. Waste to Energy Conversions
D. Incineration
E. Special Waste Disposal and Marketing
F, Resource Marketing - paper, Aluminum, Tin, Glass, otu,
1. Identify Available Product Markets
2, Analyze Product Transportation isrues
3, Product Packaging Requirements
4, Marketing Alternatives
S. Expanding Recycle Markets
i
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vi. Economic and Institutional Development (Subcotig;ttee)
A. Foster Recycling Industrial Development r
1. Economic Development Incentives
2. identify Site Locations
3. Develop Infrastructure Requirements
B. Promote Solid Waste Research and Development
1. UNT ,
2. TWU
C. Identify Educational Cooperative Opportunity
1. Universities
2. Public and Private Schools
a. Curriculum
b. Program
co Work Study
VII. Coordination with other Programs (Main Committee)
A. Identify State and Regional Role/Objectives
11 State (Legislative/Regulatory)
2. NCTCCG
3. UTRWD
4. Others
B. Review Existing Programs/Activities
C. Identify Impacting Regulations
D. Regional Participation
11 current Programs/Activities
2. Analyze Area Needs
3. Waste Generation Rates
4. Potential Revenue Support
i
VIII.Implementation Costs and Financing strategies
(Staff/Consultant Function)
A. Analyze Implementation Cost Options
11 Capital Expense
2. Operation and Maintenance Expense
3, Nonoperating Expense
4. Revenue Requirements
B, Rate Analysis
nwc
C. Financing Strategies' ~V
1. Bond Requirements
2. Revenue Requirements
3. Fee Development
IX. Public Participation, Concept Marketing and Implementation
Scheduling (Main Committee)
(Additional Detail Needed)
X. Local Plan Recommendation and Approval (Staff Function)
A. Presentation of the Master Plan to PUB,CC
B. Approval By PUB,CC
C. Submission and Approval
1. Regional (NCTCOG)
2. State (TNRCC)
D. Plans to Revise Every Five Years
F1letCi\MISC\SWMPO
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MINUTES We
CITY OF DENTON CITY COUNCIL
November 23, 1993 c~
The council convened into a Special Call Session on Tuesday,
November 23, 1993 at 5:15 p.m. in the Civil Defense Room.
PRESENT: May , Castleberry; Mayor Pro Tem Smith; Council Members
Broex, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council ccnvened into the Executive Session to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec, 551.071
1. Considered claim against GTE relating to franchise
payments.
2. Considered action in the matter of the application
of Bolivar Water Supply Corporation for an
amendment to CCN No. 11257; Docket Nos. 9824-C and
9447-C of the Public Utilities Commission,
3. Considered settlement in Roebuck V. City of Denton.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Held a discussion regarding the hiring of a Second
Assistant Municipal Judge.
Following the Executive Session, Miller motioned, Brock seconded to
adjourn to the City Council Chambers to accommodate those in
attendance of the meeting. On roll vote, Brock "aye", Cott, "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
2. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for the
purchase of employee group health insurance to Harris Methodist
Health plan, providing for the administration of the contract; and
providing for the expenditure of funds therefor.
Miller motioned, Chew seconded consider Agenda Item 14. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
agendardo.%'~ 0
City of Denton City Council Minutes Apidaii8 y "Z--
November 23, 1993 Dal, 9 /„1-2~ 93
Page 2 /
4. The Council considered approval of a resolution adopting
Policy No. 107.08 "contribution Rate for City Employee Benefit
Allowance".
Miller motioned, Chew seconded to adopt a policy of making the same
contribution by the City for each City employee for employee
coverage in the approved health care plan and of considering and
funding any other health related programs such as wellness, smoking
cessation, etc. based on their own individual merits.
Council Member Cott indicated that there were individuals present
who wanted to discuss that issue.
Miller motioned, Chew seconded to amend his original motion by
denying the resolution and to adopt the policy he previously
stated.
Mayor Castleberry stated that there were Speaker Cards received on
this item.
Ken Gold stated that he supported Council Member Miller's motion.
Bob Stalder stated that he agreed with option Four and with Council
Member Miller's motion.
Mayor Pro Tem Smith asked if this meant that Council would discuss
the wellness program at another time or disregard the wellness
issue.
Coi=il Member Miller stated that he was not asking to disregard
t*e issue. He felt that whatever would be done for wellness and
funding for wellness should be independent of what would be done
for the health plan.
Mayor Castleberry stated that this would also concern the use or
non-use of tobacco products.
Council Member Miller replied that tobacco use would be based On a
cessation program and not to take money out of or into the
insurance plan to try and resolve that issue. He felt that these
were complex issues. The wellness program was very important and
should be supported but there were ways to support and fund the
progran which would not come directly out of health plan. over a
period of time the issue needed to be worked on but if it were tied
in with the health plan, too many problems could be caused for both
issues. Each issue was important but should be separate.
AgerdaNo 9 3=°_ "
City of Denton City Council Minutes g6u;Gz''~m P~'2
November 23, 1993 3/ 53
Page 3
Pei
Ralph Harpool stated that he had been a city employee for over 19
years and on the insurance committee for four years. Insurance was
a national problem but to confuse the fact of changing insurance
companies with wellness programs would be too great an issue.
There was a need to address the tobacco issue. He used the City of
Denton recreation centers on his own. A more important issue was
to inform employees of the changes in the insurance and to not
confuse the issue with the wellness program. He would like to see
more money spent on the recreation centers as the equipment was
very old and in poor condition. He agreed with Council Member
Miller's motion that insurance and wellness needed to be separate.
Council Member Perry asked about the impact of a favorable vote on
Milleres motion. Would it have any bearing on the contract with
Harris Methodist.
City Manager Harrell stated that the policy and Council Member
Miller's motion did not have any direct bearing on the health
insurance proposals the council would be considering later in the
meeting. it did have a bearing on the type of contribution the
City could make towards employee health insurance. Adopting the
policy as presented and written would allow under Agenda Item 15 to
set a differential rate for those employees who were non-tobacco
users or who participated in the wellness program. Council Member
Miller's motion did not allow for that differential. The rate
would be a uniform contribution for all employees.
Mayor Castleberry asked how this would affect the budget.
City Manager Harrell stated that directly it would not affect the
budget. There were enough funds budgeted to purchase the health
insurance program discussed. The only implication to the budget
dealt with the wellness issue. Initially $19,000 hard been set
aside for wellness and Council had tentatively agreed to supplement
that with another $17,000. That was under the assumption that some
of the differential rates would bring in the $17,000. If Council
Member Miller's motion were adopted, staff would return the
wellness program back to council to decide on what level to
proceed.
Mayor Pro Tem Smith asked if there were be any effect on setting
the rates now.
City Manager Harrell stated that the wellness issue could be
considered separately and would hava no effect on the rates.
i
}
a
~FrdaNo . ~ -
City of Denton City Council Minutes Ago?L2ileI
November 23, 1993 Crz'2__-~ a~~3
Page 4
On roll vote of Council Member Miller's motion, Brock Faye", Cott,
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council returned to Agenda Item 02.
2. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for the
purchase of employee group health insurance to Harris Methodist
Health plan; providing for the administration of the contract; and
providing for the expenditure of funds therefor.
Tom Klinck, Director of Human Resources, stated that Council had
requested staff to investigate the feasibility of adding Denton
Regional Medical Cencer and other providers to the network system.
Staff was able to confirm that there was an exclusive contract
between HCA and Harris Methodist. This exclusive contract had a
number of months remaining and in order to work through those
issues, the addition of Denton Regional Medical Center would
probably not happen in the first plan year and may not happen in
the second plan year. Harris had added 10 doctors to the plan and
had indicated that any Denton primary care physician would be added
to the plan if they met the credentlaling process and standards
established by Harris. If an employee chose the preferred plus
program, he could go to any hospital or doctor he chose for covered
expenses but with different coverage.
Council Member Cott stated that there were 125 doctors in Denton
and so far only 50 on the network. The only additional doctors
Harris Methodist was willing to take would be primary care doctors
with a maybe for the second hospital, If Denton were not careful,
there may be built up a Fort Worth hospital and Fort Worth doctor
base. There were too many doctors not on the network.
Klinck replied that it was anticipated that 50% of the employees
would chose the preferred plus program in which they could go to
any doctor or hospital of their choice. There were approximately
50 doctors in the network and that was the way a managed care plan
worked.
Council Member Cott felt that the Denton doctors had a problem with
paying their taxes to pay for a City health program to pay a doctor
in Fort Worth.
Council Member Brock asked how long the HCA exclusive contract
lasted.
S
3
-V~endaNo 3 -0 r.(
City of Denton City Council Minutes AgUda'ier". S _11-
November 23, 1993 n~.p -_1 r_-
Page 5 r j -0 Y
Mike Clark, Harris Methodist, stated that it was in effect until
the Spring of 195.
Council Member Brock asked how much an individual on the plus plan
would pay if he went to a doctor not on the network.
Klinck replied that there would be a $20 copay which would go
towards a $500 deductible. After the deductible was met, the
employee would pay a $20 copay. The first $500 of charges would be
the employee's responsibility. After meeting that deductible the
reimbursement rate would be 70/30 for any tests, surgery or
hospital charges. There would also be a $4,000 out-of-pocket
laoximum.
Council Member Miller stated that on page two of the backup it
stated that any primary care physician in Denton who met the Harris
Methodist credentialing standards may be added to the network. He
asked if that meant that any family practitioner, pediatrician, or
anyone in Denton could be a member if they agreed to Harris' terms.
Mike Clark, Senior Vice-President of Marketing for the Harris
Health System, stated that it was very important to Harris to offer
quality health care with stable doctors. They had less than a 14
turnover of physicians for the last three years. Any physician
could submit a letter of interest to the company. The company took
that letter and determined if there was a need for that specialty
in the geographical area. There currently was a need for primary
care physicians which was defined as family practice or general
practice, pediatrics or internal medicine. If there were a need in
the area for one of those types of doctors, they would be sent a
full application. An investigation of the doctor's credentials
would be made and then the application would be forwarded to the
Standards and Selection Committee which was made up of doctors. If
the doctor met the credentials and there was a need for that
particular specialty, Harris would then extend a standard contract
to that doctor. once a contract was signed, members of the plan
would be able to go to that physician. To change a primary care
physician, an individual only had to call and the change would be
effective the next month,
Council Member Miller stated that the staff backup materials
indicated that if there were primary care physicians who met the
credentialing process, there was room for them to be added to the
network. Mr. Clark had indicated that they could be added if they
were needed. He asked at what point was the determination made
that more physicians were not needed.
a
Agc~daltem~-
City of Denton City Council Minutes
November 23, 1993 date A°Z
Page 6
Clark replied that as of today, there was a need for primary care
physicians in this area. If they went through the process and met
the credential criteria, the process could take three to four
months. Some specialties were not needed, however, some
specialties were open in this area.
Council Member Miller asked if the determination for numbers of
specialists was based on employees receiving care in Denton or
receiving care in Dallas/Fort worth.
Clark replied that it was based on Denton. There were population
zones determined and Denton was a single zone. In order to build
a grid, certain specialists would serve a certain amount of
individuals which was based on population.
Council Member Miller asked Clark to address the issue of adding
the second hospital as it was a major concern of the Council for a
variety of reasons.
Clark replied that this was a concern of Harris also. When Harris
first came to Denton approximately 18 months ago, the individual
who was managing the F:ovider relations lived in Denton. She had
an affiliation with another managed care company and was a nurse
who wori,ed in FICA and who believed in the quality of that hospital.
Harris did not need two hospitals at the time and did not have many
participants in Denton at that time. Harris felt it would take two
to three years to build a network in Denton and after those years,
would reevaluate the exclusive contract with HCA. Harris would
honor the contractual relationship wWi HCA which would be up in
the Spring of 1995. Harris had had some ongoing dialog with HCA
regarding the issue. Both hospitals did not offer identical
services. HCA might be willing to allow Denton Regional access to
those employees with needs which they did not perform.
Council Member Perry stated that those physicians who wished to be
added to the network would not encounter obstacles other than the
standard credentialing process.
Clark replied that that was correct. The physicians would need to
go through the process. Some physicians did not want to be in
managed care. There were no restrictions to taking primary care
physicians if they met the standards and were approved in the
process.
Council Member Perry stated that there was st+'U room for certain
specialists.
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gene? Vo Q -
City of Denton City Council Minutes ~GL .s'L iCm, - !/s
November 23, 1943 7
Page 7
Page or
Clark replied that some specialties would not be added while some
would be added. Any specialty doctor could send a letter of
interest to the company and it would be addressed. If that
particular specialty were open, the physician would be invited to
proceed through the process.
Council Member Perry questioned the number of mental health
professionals on the network. There were four mental health
specialists on the network and asked if there were room for more.
Clark replied that in the mental health area, Harris had a separate
type of network which was an access to that network. It was a
company which Harris owned which had their own physicians. Harris
allowed the primary care physician to call the access people to
direct the patient to a physician. If there were no providers in
this area, the access people could look at that issue.
Council Member Cott stated that he was concerned about the
hospitals and the doctors. He did not want to export doctors and
did not want to export hospitals. He did not want one hospital
telling the City what to do.
Council Member Brock asked what would happen to the employee who
needed a certain specialty and with the one hospital, that
specialty was not available.
Clark replied that those were issues which provider relations would
researchi. One criteria for selecting a specialty was that the
specialty would be out of two offices.
Mayor Castleberry stated that after reviewing the list of primary
care and specialty doctors and the fact that there was the
possibility of some type of arrangement with both hospitals, it
appeared that this was a good bid with some limitations.
Mayor Pro Tem Smith stated that the doctors had some choice in the
matter. They could participate if they desired but could not
expect all doctors to participate.
Council Member Miller asked how the figures were derived that 54%
of the employees would chose the plus program.
Klinck replied that research was used from when the city had a
similar program under a prior HMO company plus the premium
structure. The projections were based on trend. There were a
number of employees who wanted the freedom of choice. He reviewed
the criteria used in evaluating the health insurance program
proposals which included total plan cost, rate guarantees, schedule
r
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Agsnd3No
City of Denton City Council Minutes Agudallem, #
November 23, 1993 1,2 -Z(_ 93
Page 8 Lat9-_------
of benefits, network providers and service and administration.
Palico was not selected as it had the highest overall r,)st, no rate
guarantees beyond one year, h
pocket maximumfs, etc. Employees would initiate and be responsible
adminispecialty referrals and stration difficulties. Aetna there had a higher overall service
cost than
the Harris bid, had no rate guarantees beyond one year, limited
pharmacy access with no mail order prescriptions and there was a
concern about stability of network providers with no mental health
providers except through the network. The Harris program provided
the lowest overall total plan cost, offered a rate guarantee for
HMO for 1994 and 1995, had an improved plan design, a stable
network, an in-Denton representative with positive references.
Staff was recommending that the City enter into contracts with
Harris Methodist.
Mayor Castleberry indicated that there were speaker cards on this
item.
Joseph Ialenti stated that he was a member of the Employee
Insurance Committee and the Wellness Committee. The issues these
Committees were dealing with were very complex. He was encouraged
with the various methods of employee participation.
Steve Woerner, Denton Regional Hospital, stated that he was
concerned at the prospect of losing business and how that would
impact the employee-owners of the hospital. He was also concerned
about how this would affect the community. He was encouraged with
the possibility of doing heart issues for the Harris plan. From a
business point of view, the proposal would be saving taxpayers
money but he also lost a contract with the City. Perhaps next year
they could work together to provide the maximum quality and maximum
provider base. From his perspective the City council had gone far
beyond what they had to do to try and work with his organization.
Ken Gold stated that he was in support of the Harris contrr.ct as it
had some good points. The Council had set aside over $2 million
for insurance and one option might be to use some of that money to
work with rates for the Plus side.
The following ordinance was considered:
h
City of Denton city council minutes AG003N0.
November 23, 1993 AoG^ddl,em,
Page 9 0 ~a _.2 93
No. 93-214
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH
INSURANCE TO HARRIS METHODIST HEALTH PLAN; PROVIDING FOR THE
ADMINISTRATION OF THE CONTRACT; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt ordinance.
Council Member Brock stated that on the surface it might be
possible for employees to feel this proposal would be a much more
restrictive coverage. Some months ago Council started talking
about this issue and were very strong regarding a managed care
direction. The proposal might not be as convenient or extensive as
the previous plan but faced with increased costs there needed to be
a move into the direction of managed care.
Council Member Miller stated that he needed to comment on Mr.
Golds statement about the money budgeted for health care. Any
additional funds would go back into the city budget and be used as
necessary. The City needed to be fiscally responsible and save
every dollar it can.
On roll vote of the motion to adopt the ordinance, Brock 1payerl,
Cott, "aye", Miller ''aye", Smith "aye", Chew llaye't, Perry "aye",
and Mayor Castleberry "ayes'. Motion carried unanimously.
3. The Counr.il considered adoption of an ordinance approving a
letter of understanding between the City of Denton and Harris
Methodist Health Plan relating to the award of Bid No. 1523; and
authorizing the City Manager to execute the letter.
Council Member Cott left the meeting.
Tom Klinck, Director of Human Resources, stated that this item was
asking Council to authorize a letter of agreement as the State
Board of Insurance required that changes of this nature be filed
with them. There was not enough time tetween approval of the
contract and open enrollment time to have it completed. The letter
indicated that Harris would file these items with the State Board
of Insurance and that then the contract would be amended. These
rate guarantees would assist the City over the long term in better
managing and controlling health care costs.
Council Member Brock asked if the rate guarantees applied only to
the preferred plan.
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City of Denton City Council Minutes AgC"Ofa!It ~S 02
November 23, 1993
Page SO
Council Member Cott returned to the meeting.
Klinck replied that it only applied to the HMO plan as Harris could
control those costs in the network and could offer a guarantee
based on that control. There was no rate guarantee on the plus
program and there would be a need to help r--oloyees control those
costs.
The following ordinance was considered:
NO. 93-215
AN ORDINANCE APPROVING A LETTER OF UNDERSTANDING BETWEEN THE
CITY OF DENTON AND HARRIS METHODIST HEALTH PLAN RELATING TO
THE AWARD OF BID NO. 1523; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE LETTER; AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, Miller seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "ayell, and Mayor Castleberry "aye". Motion carried
unanimously.
S. The Council considered approval of a resolution establishing
the City's contribution rate to the city employee benefit
allowance; and establishing payments that the City will make to
employees.
City Manager Harrell stated that this would take formal action to
set the participation rate on the next year for the City0s
participation in the employee insurance program. The City Attorney
had made the suggestion that the phrase "to December 31, 1994" be
added to any motion. It was recommended that the amount be set at
$188.50 per employee.
Mayor Castleberry indicated that there were Speaker cards on this
item.
Bill Fitzpatrick stated that as a member of Fire Department and the
Employee Insurance Committee he was in agreement as per their last
official vote as a committee with council Member Miller.
Ken Gold stated that he supported Option IV which would not put
„ellness with insurance rates. A future option would be to create
incentives for participation in the wellness programs. He
presented Council with a handout regarding an alternative wellness
incentive plan which had cash incentives to those who participated
in the wellness program or who stopped using tobacco products.
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City of Denton City Council Minutes AordaNo.1~
November 23, 1993 gS~ ,lui;Em,(SJ'
Page 11
The following resolution was considered:
NO. R93-073
A RESOLUTION OF THE CITY COUNCIL ESTABLISHING THE CITY'S
CONTRIBUTION RATE TO THE CITY EMPLOYEE 13ENEFIT ALLOWANCE;
ESTABLISHING PAYMENTS THAT THE CITY WILL MARE TO EMPLOYEES;
AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Smith seconded to establish the rate at $188.50
through December 31, 1994. On roll vote, Brock "aye", Cott, "aye",
Miller Olaye", Smith "aye", chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
6. The Council considered adoption of an ordinance authorizing
the execution of a change order to a contract between the City of
Denton and Steele-Freeman; and providing for an increase in the
contract price.
Bruce Hennington, Facilities Manager, stated the problem was with
the roof at the Denton Municipal Complex. The Council had set
aside money for an entire roof at the Complex. The prior cold
weather snapped an area of the roof and it was leaking in places.
Renovation work could not continue until the roof was repaired.
A total new roof repair was estimated at $296,831. It was
estimated that the cost for the Denton Municipal complex would be
$1980199, the cost for the Cooke County College was $28,568 and the
cost for Morrison Milling was $70,064. The original plan was to
make the roof last until the completion of the construction and
then issue a separate contract to roof the entire building. This
would allow roofing specialists on the job and not have two
contractors working at the same time on the same project.
Unfortunately the roof did not last.
Council Member Chew asked if it would not be better to do the
entire roof now.
Hennington replied that that was the initial goal and that they
wanted to wait until the end of the project to do the work.
Steele-Freeman indicated that they would not build in the interior
until the roof was corrected. Overall it would be better to bid
all of it at once.
City Manager Harrell stated that the reason the decision was made
initially was to avoid the overhead for the general contractor if
the interior could be completed and then reroof the entire
building. Only when the major leaks started and there was a risk
of stopping the renovation project were other alternatives needed.
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City of Denton City council minutes a 2 iF7I AL-
November 23, 1993 '3
Page 12
Council Member Chew stated that even now would it not be more cost
effective to do an entire new roof.
Betty McKean, Executive Director for Municipal Services/ Economic
Development, stated that part of the problem was that just on the
Municipal Complex portion of the roof which was critical to keep
the renovation moving, the low bid received by Steele-Freeman was
higher than anticipated. If the entire building were done now, the
project would be $70,000 over budget. It was felt that the other
parts of the building would be deferred at this point in time in
order to keep within budget and with the hope to get better bids on
the rest of the building.
City Manager Harrell stated that another option was to have another
contractor other than Steele-Freeman build the roof which would be
a four to five week delay. It was felt that this was not a proper
recommendation as there were concerns about having two different
contracts involved in a construction project. A second issue dealt
with the low quote received by Steele-Freeman. That quote came
from a former employee of the firm which did the City Hall building
who had formed his own company. This individual had not been in
business for three years and could not get bonding, not because of
quality but because of length of service. As a contractor for
Steele-Freeman, Steele-Freeman would secure the bond and stand
behind the work. If the City solicited its own bids, that
individual could not bid on the project. The ultimate plan was to
keep the project moving and to not have two contractors working on
the building.
Council Member Miller asked why the same contractor with Steele-
Freeman could not do the whole roof rather than just the center
part.
Hennington replied that part of Steele-Freeman's contract was to
penetrate the roof for air conditioning, etc. Those penetrations
would then be repaired and would have to last the life of the
renovation. After the renovation was completed, a totally new roof
would be put on the building.
I
City Manager Harrell stated that the part of the contract with
Steele-Freeman was to do the portion of the roof over the Municipal
complex and that was the portion for the change order. He did not
know if legally a change order could be done and then have the
contractor go outside the area of the change order for work.
City Attorney Drayovitch stated that there would be a problem if
the chance order exceeded 25% of the contract amount which would be
prohibiti•re by the State statute. Also the bidding statutes
I
City of Denton City Council Minutes
November 23, 1993
Page 13
allowed for change order under certain circumstances and there
could be a legal challenge if the work went outside of the project
bid.
Hennington stated that Steele-Freeman had a repair contract for a
portion of the building. A change order could only be done for
that portion of the building and not for other the areas.
Mayor Pro Tem Smith asked if the Steele-Freeman contract was to
repair the roof or to put on a new roof.
Hennington replied that it was to repair any damage which would be
done in conjunction with the construction such as air conditioning
vents, etc.
Mayor Pro Tem Smith asked what the change order would do.
Hennington stated that the change order would take off the old roof
and put on a new roof. Option three for a total new roof was
estimated at $2961831. Steele-Freeman had received three quotes
for the project and staff had checked those quotes. It was felt
that the low bid was a good bid and that a lower bid probably could
not be found.
Mayor Pro Tem Smith asked if the cost of $296,881 was for the
entire building.
Hennington replied yes except for the Visioning area.
Mayor Pro Tem Smith asked for an estimated savings if all the roof
were done together.
Hennington stated that the City would save $5,000 if the entire
roof were bid at this time.
Council Member Cott asked if Mike Barton was working for Armko or
for the City.
Hennington replied that Mr. Barton was an Armko representative. He
was a consultant to the City from the company which manufactured
the materials. The company would not give a fifteen year guarantee
unles3 an Armko representative was present directing how the roof
would be installed.
Council Member Cott stated that it was presumed that that material
would be used. It was just a question of who would assemble it.
93 -o G
ALIP,
City of Denton City council minutes °{i
November 23, 1993
Page 14 Dy / 9
Hennington replied that that assumption could be made. There was
a choice of three or four different materials.
Council Member Cott stated that the three largest roof
manufacturers in the region were not asked for a bid. He asked
each, Manville, Goodyear and another company, how long it would
take to make a qualified bid. They replied that they could have a
good bid by Wednesday which would not take six weeks as was
mentioned earlier. The fabric had a serious flaw in that it
^racked in the winter. Most using that fabric were now required to
isse it in such a way in order to receive the guarantee that it lost
any advantage over the way it was put on. He felt that there was
also some unusual bidding practices associated with this project.
In his opinion, there were not three bids made. There was only one
bid made and there had been only one bid made on a regular basis.
There was no idea of what the price should be because the only bid
was from the manufacturing representative. He suggested taking
advantage of the process to get a bid in three or four days. He
had talked to several companies and knew that a bid could be done
in that length of time.
Tom Shaw, Purchasing Agent, stated that if the burden was placed on
the City to go through the bid process, it would take a few days to
put together the bid specifications, a minimum of 18 days for the
proper legal advertising, and a Council meeting to make the award.
These were dates given by the State. The roofers could give a bid
in three days. Steele-Freeman was not restricted by the bid
policies of the City as set by State law but the City had dates to
follow. If the specifications were ready to go in the mail the
next day, there would be a minimum of 21 days to go through the
process.
Council Member Cott stated that the consultant was pa.d by the
fabric manufacturer and felt that that was not right.
Hennington replied that that had been looked at Feveral t`mes by
the Legal Department and the City was not paying the consultant.
The contractor was paying the consultant.
McKean stated that the council could direct staff to bid any or all
of the project. In terms of the renovation project, the City had
been notified by the contractor that based on the deteriation of
the roof, they would not continue the renovation work until
something was done with the roof whether the contractor did the
work or the City went out for bid. Due to past experiences with
different contractors on a job and some of the assn-Sated
liabilities, it was felt that this would be an expedient way as
well as the least expensive way, to have the individual who was
,vPdaNo -13'
City of Denton City Council Minutes /.2 y3
November 23, 1993
Page 15 Py
managing the overall construction project also manage the roof.
City Manager Harrell stated that he had had an extensive
conversation with the architect on the job regarding this issue.
The architect felt that to keep the project moving and to keep it
a clean project, that the City should proceed with the proposed
change order with Steele-Freeman.
Council Member Cott stated that the roof problem was known on
October 18th.
Council Member Miller stated that Steele-Freeman would be taking
the responsibility of the roof.
Hennington replied that Steele-Freeman would take responsibility
for the first year. Denton Manufacturing would have responsibility
for the next 15 years.
Mayor Castleberry stated that he had a Speaker Card on this item.
Jeff Feirchild stated that the bid process was too long and that
better bids came from a contractor. He felt it was not a good
practice to have a manufacturing representative as a consultant for
a project as unbit;sed information would not be received. Other
products were available at a lower price.
Jerry Carlyle stated that having a manufacturing representative as
a consultant was not a good idea.
Cott motioned to place the project out for the bid process.
Motion died for lack of a second.
Council Member Chew asked for the time frame if the bid process
were considered.
City Manager Harrell stated that that request could be made to the
contractor. There would be at least the delay until the next
Council meeting at which time the Council could award some type of
change order. From the staff's independent checking, it was felt
that k better price probably would not be received.
Mayor Pro Tem Smith asked if three bids were received.
City Manager Harrell stated that three proposals were received.
Council Member Miller felt that it might be well to get more bids
from the contractor. He felt it might be well to investigate
Arc,-,,!;,',;e
City of Denton City Council Minutes 7':4~3
November 23, 1993 6 ey /JVP
Page 16
whether it was appropriate to have a sales representative act as a
consultant. He was not comfortable at this time making a decision
on the issue.
Miller motioned, Chew seconded to ask the contractor for additional
bids for the roofing project and to have staff return with
information regarding the issue of the use of a manufacturing
representative as a consultant. on roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "nay", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried with a 6-1 vote.
City Manager Harrell stated that staff would return to Steele-
Freeman and ask for other proposals. Staff would return with a
report on the relationship of a consultant with a manufacturing
company.
Mayor Pro Tem Smith asked how many contractors were asked for bids.
Hennington stated that 7 firms were asked and 3 quotes were
received. He felt that no more contractors would bid the project.
A different type of material might be received if it met the bid
specifications. Any time this roof had been bid through the City,
other materials were listed which would be acceptable. The City
never exclusively limited one material.
7. The Council considered adoption of an ordinance retaining the
lawfirm of Wolfe, Clark & Henderson to represent the City of Denton
in litigation pending against the City; and authorizing the
expenditure of funds therefor.
Debra Orayovitch, City Attorney, stated that staff would recommend
approval of the ordinance. The lawfirm would represent the
individual officers who had been sued in this litigation. She
would be representing the City and Chief Jez.
The following ordinance was considered:
NO. 93-216
AN ORDINANCE OF THE CITY OF DENTON, RETAINING THE LAWFIRM OF
WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN
LITIGATION PENDING AGAINST THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City Council Minutes
November 23, 1993
Page 17 (P
e. The Council considered a motion to call the Cushman Addition
escrow.
City Manager Harrell indicated that council had had a public
hearing at the last meeting and a motion would be in order to
formally call the escrow amount.
Perry motioned, Chew seconded to call the escrow. On roll vote,
Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
I
9. The Council considered appointments to the Keep Denton
Beautiful Board, the Electrical Code Board and the Juvenile
Diversion Task Force.
Mayor Castleberry indicated that Council Member Perry had nominated
Kandice Gandel to the Keep Denton Beautiful Board at the last
meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Mayor Castleberry indicated that Council Member Chew had nominated
Herman Wesley to the Keep Denton Beautiful Board at the last
meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Mayor Castleberry indicated that Council Member Chew had nominated
Robert L. Hicks to the Electrical Code Board at the last meeting.
On roll vote, Prock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Mayor Castleberry indicated that Council Member Miller had
nominated Cindy Sill to the Juvenile Diversion Task Force at the
last meeting. On roll vote, Brock "aye", Cott, "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
10. Miscellaneous matters from the City Manager.
City Manager Harrell did not have any items for Council.
I
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City of Denton City Council Minutes is a 93
November 23, 1993
Page 18 v ( v
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller asked for the development of a
general policy of when the Council would meet in the civil Defense
Room and when it would meet in the Council Chambers, Along with
that would be a decision on when to televise the meetings,
Mayor Castleberry felt that Council had decided the televised
meetings would be the first and third meetings.
Council Member Miller felt that the Council was dealing with issues
at this meeting which would have been good for the community to
hear and felt that a schedule needed to be discussed.
B. Council Member Miller asked that the next agenda include
an update on the Visioning process.
With no further busine•;s, the meeting was adjourned at 9:15 p.m,
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC00177
I
CITY=
~C0UNC:
1
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DATE: December 21, 1993 +4Q8BdaNO
CITY OOUNCIY ,4pdall6
WIM A Wy
To. Mayor and Members of the City Council /I s6 / G
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Detailed Plan for 9.269 acres of planned development No.
870
to allow single-family detached lots.
developmentsto SFel0r e for a total acres of 9 626 tacreglanned .30 RECOMMEHDATION:
See attached report.
=21m:
See attached report.
BACKGRO 'ND;
The Public Hearing for this item was held on December 7,
1993. Due to tae appropriate notes (re:the conditions) not
being added to the Detailed Plan, the actual vote was
postponed to tonight. The draft ordinance and Detailed
Plan are attached, and are the subject of tonight's vote.
PROGtI~Mc,`rEPARTM
AFFBCTEn;
Property owners, Engineering Department.
f129AL IMPACT:
None.
Respect Ill;; submitted
:
Prepared by:
Lloy V. Harrell, Cit Manager
G. Owen Yost
rank Wbins TCP
Urban Planner
Approved:
L~
Executive Direct r
Planning and Development
A00040A
A
REPORT 1-93
a 7~b
Tot Mayor and members of the City Council
Case No.s 2-93-022 Meeting Dates December 21, 1993
GENERAL INFORMATION
Applicants Mitchell Vexler
404 Leigh Court
Highland Village, TX 75067
Current Owners Mavex 9, Inc.
Requested Actions Approvo a Detailed Plan for 9.296 acres of
Planned Development No. 87, to allow single-
family detached lots. Simultaneously rezone
.330 acres of the Planned Development to SF-
10.
Location and Bisset The entire tract of land being considered is
9.626 acres, located on the west side of
Lillian Miller Parkway, at Southridge Drive.
The proposal is for 16 residential lots, as
shown on the Detailed Plan.
Burrounding Land Use and Zonings
North - Undeveloped land, zoned SF-16.
South - SF-16 zoning, recently changed for a residential
subdivision known as Hunterts Ridge (under construc-
tion).
East - The right-of-way of Lillian Miller Parkway, across
from which is undeveloped land proposed for single-
family homes per the existing concept plan of PD-87.
A small portion of land, roughly northeast of the
site, is zoned 2-F, for duplex use.
West - Single-family detached homes on SF-lo and SF-16 zoned
land.
Denton Development Plant
Low intensity (60 intensity trips per acre).
Intensity Area No. 79.
i3_!2 3
SPECIAL INFORMATION ff
(J
Transportation+
Access easements will be paved, and will serve the proposed
lots. The 20 ft. paving width allows for two-way vehicle
traffic in the 28 ft. easement.
There would be two additional openings, and turn lanes, in the
existing Lillian Miller Parkway median, as shown on the
Detailed Plan.
Utilities
An 8 inch water line extension is proposed north of the site,
and an 8 inch sewer line extension is proposed from the
existing lines crossing the property. A 28 ft. easement is
proposed across the frontage of the property, facilitating
utility placement and maintenance.
Drainages
A portion of existing floodway is included within Lot 46. This
floodway is dedicated as a drainage easement, and is proposed
to be left in its natural condition.
HISTORY
The planned development was authorized in 1984, by ordinance 84-
138. Formerly, it was zoned SF-16. The PD Concept Plan showed a
maximum of 40 units, or 4.3 dwelling units per acre. A small
portion of the tract (.330 acre; shown as 28A and 29A) will
comprise the replat which is now under review.
ANALYSIS
The land is within Study Area No. 79 and is 72% allocated. The
current planned development allows 385.04 intensity trips (40 x
9.626). The proposal will decrease the intensity allocation in
this area. The proposed detailed plan would be allocated 160 trips
(16 lots x 30 intensity trips per lot).
ANALYSIS, continued
A2-0
A meeting of the neighborhood was held on November-14,-1991.-No
objections to the proposal were offered. PP
Thirty-three (33) reply notices were mailed to property owners
within 200 feet. As of this writing, two (2) replies have been
received in opposition to the proposal and two (2) undecided.
RECOMMENDATION
The Commission recommended approval of Z-93-022 at its 10/27/93
meeting: a detailed plan for part of PD-87, and rezoning part of
the current Planned Development to SF-10, with the conditions that
there be a 16 ft. easement along Lot 19 and part of 181 and that no
fence be allowed in the drainage easement on Lots 24 and 46.
(These conditions have been incorporated into the detailed plan
before you tonight)
ALTERNATIVES
1. Approve petition as presented.
2. Approve petition with conditions.
3. Deny petition.
4. Postpone.
ATTACHMENTS
1. Location Map
2. Existing area zoning.
3. Existing concept plan of PD-87.
4. Detailed Plan.
ATTACHMENT 1
022 Soutbridge Oaks (PD-87) NORTH
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Planned Development No. 87 tie A)
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ATTACHMENT 3 At % I;t il.r
Planned Development No. 87< 7 6 f ~6 NORTH
CONCEPr PLAN ?AGES
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Date: 12/15/93 Scale: None
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ATTACHMENT 4
Z-93.022 Southridge Oaks (PD-87) NORTH
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Minutes
Planning i Zoning Commission 6r
Page 5
Mr. Englebrecht asked if the tree was by itself.
Mr. Salmon said yes it was,
Mr, Cochran asked if the tree was a long lived species,
Mr. Salmon said no it was not.
Mr. Yost said the tree should live 20 years.
Ms. Russell asked if it was going to benefit the property
owner when the sewer line is completed.
Mr. Salmon said yes, it would directly affect the owner of the
property.
RECOMMENDATION: Staff recommended approval.
Mr. Bucek said all the commissioners should look at the value
of the tree not the improvements.
Dr. Huey moved to grant permission to cut the tree on the
condition of the inability to get the additional easement. Mr.
Cochran seconded and the motion carried unanimously (6-0).
VI. Hold a public hearing to consider a detailed plan for 9.296
acres of PD-87 to allow single-family detached lots.
Simultaneously consider rezoning an additional .330 acres of
the Planned Development to SF-10. The land is located on the
west side of Lillian Miller Parkway at Southridge Drive,
STAFF REPORTS by Owen Yost
Mr. Yost reported that the entire tract of land is 9.626
acres, located on the west side of Lillian Miller Parkway, at
Southridge Drive. The proposal is for 16 residential lots.
The land is located in a low intensity area. Access easements
will be paved and will serve the proposed lots. The 20 ft.
paving widths allows for two-way vehicle traffic. There would
be two additional openings and turn lanes, in the existing
Lillian Miller Parkway median. A portion of the existing
floodway is included within Lot 46 and 24. This area has been
dedicated as a drainage easement and will be left in its
natural condition. A meeting of the neighborhood was held on
October 14th, 1993. No objections to the proposal were
offered.
Mr. Salmon said lot 24 would have a storm drain in the
easement and the area in lot 46 was actually in the flood
plain and would be left as open space,
s
ALr,,:,':
Minutes
Planning 6 Zoning Commission
Page 6
Mr. Cooper asked about the 20 ft private access drive and how
would it interface with Lillian Miller.
Mr. 'lost said the driveway would be private and there would be
no parking on the side and the city would not maintain, the
owners would.
Mr. Engelbrecht asked how the upkeep would be enforced if it
was a private drive.
Mr. Yost said the owners would have to maintain the drive.
RECOMMENDATION: Staff recommended approval of 2-93-022 with
with two conditions as follows:
1. An easement of 16 ft. along lot 19 and part of 18.
2. No fence will be allowed in the drainage easement on Lots
24 and Lot 46.
PETITIONER: Tony Krauska, from Kurts Bedford representing
Mitchell Vexler. Mr. Krauska explained they had been through
many meetings to satisfy the city and the developer. The
owners are proposing to build a private access drive to city
standards so that it would hold up. The home owners
association will be responsible for upkeep. He explained that
the developers were staying away from walls on Lillian Miller
because there is a bad visibility problem and a structure
would be bad from a safety standard. We do not have the
sidewalk next to the pavement so there will be some green
area. The developer is still talking about what to do to
break between the development and Lillian Miller. The
developer is required to put in sidewalks prior to the homes
being built. It is a waste of money bocal,se it will be torn
up before the house is finiched. The sidewalk should be built
after the homes are built.
Dr. Huey asked the size of the homes.
Mr. Krauska said the minimum square footage would be 2000
livable or 2500 sq ft. The deed restrictions are set at 2000
square foot minimums in Southridge. He said they were trying
to build a quality development. All of the homes in the area
are about 2500 square feet.
Mr. Cochran asked what the exact mechanism would be when the
road needs repaired.
Mr. Krauska said the home owners association would pay for the
repairs and the association would have to develop bylaws that
would cover the maintenance.
e.
:4, %1 2 3 - v
Ap r
Minutes [ __1►?-
Planning i Zoning Commission
Page 7 Q
Mr. Engelbrecht asked if the private road was 20 ft wide what
would be done to address parking.
Mr. Krauska said the houses would be set back and would allow
a sufficient drive way space to take care of parking. The
problem could be addressed in the deed restrictions.
IN FAVOR: none
IN OPPOSITION= none
RECOMMENDATIONS Staff recommended approval of Z-93022 with
the conditions mentioned.
Public hearing was closed.
Ms. Russell moved to recommend approval of Z-93022 with
conditions as outlined by staff, Mr. Norton seconded and the
motion carried unanimously (6-0).
VII. Director's R6port
Mr. Robbins reported that he would be keeping the Commission
updated on the zoning rewrite. The Council agreed to proceed
with the zoning ordinance rewrite.
VIII.Future Agenda Items.
Mr. Robbins said most of the cases in the backup for Nov 10
would not make it. Staff is locking at last meeting in Nov.
Mr. Engelbrecht said last year there was no meeting on the
Wednesday before Thanksgiving because there were no cases.
It was agreed that the commission would meet on the 2nd and
3rd week of November unless it became necessary to meet on the
24th.
i
i
It was agreed that there would not be a meeting on the 4th
Wednesday of December.
The joint meeting with the Airport Board will be tentatively
scheduled for the first meeting in December (the 8th).
Meeting adjourned at 6.45
7
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4' „ri~1 y
ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
IN ZONING OF .330 ACRES OF LAND FROM PLANNED DEVELOPMENT NO. 87
(PD-87) TO SINGLE FAMILY-10 (SF-10) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION AND APPROVING A NEW DETAILED PLAN FOR 9.296
ACRES OF PD-87 LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY
AT SOUTHRIDGE DRIVE; PROVIDING FOR A SAVINGS CLAUSE! PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mitchell Vexler has applied for a change in ?onirl
for .330 acres of land from Planned Development No. 87 (PD-87) to
Single Family-10 (SF-10) zoning district classification and use
designation, and approval of a now detailed plan for 9.296 acres of
PD-87; and
WHEREAS, on October 27, 1993, the Planning and Zoning
commission recommended approval of the requested changes in zoning;
and
WHEREAS, the City Council finds that the changes in zoning
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the .330 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from Planned Development No. 87 (PD-87) to Single Family-10
(SF-10) zoning district classification and use designation pursuant
to the Comprehensive Zoning Ordinance of the City of Denton, Texas.
SECTION ii. That a portion of PD-87 not included in the
acreage identified in Section I and consisting of 9.296 acres of
land described in Exhibit 118110 attached to and incorporated into
the ordinance by reference, is amended by the approval of a new
detailed plan identified in Exhibit "C", attached to and Incorpo-
rated into this ordinance by reference.
SECTION III. That the City's official zoning map id amended
to show the change in zoning district classification.
SECTION IV. That a copy of this ordinance shall be attached
to Ordinance 84-138, showing the amendment herein approved.
_ji
vp
SECTION V. That the provisions of this ordinance as they
apply to the 9.296 acres shown in the detailed plan herein
approved, shall govern and control over any conflicting provision
of Ordinance No. 84-138, but all the provisions of Ordinance No.
84-138 as they apply to that remaining portion of the district not
herein amended, shall continue in force and effect and shall apply
to the remainder of said district.
SECTION VI. 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 VII. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-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 day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BYs
'I
I
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY1 7 1(tr s~
Page 2
i
801IIt-ItmGE OAKS
FIELD NOTE DESCRIPTION
TRACT 3 EXHIBIT A pct ~~l sl f 6a
All that certain tract of land situated in the John McGowen Survey, Abstract 797, City and County of ton, Tex" and being part
of Tract 2 as described in a deed from Teri Taylor Companies, Inc, recorded in Volume 3417, Page 0001, Real Property Records of
Denton County, Texas and being more particularly described as follows;
BEGINNING at the southernmost southeast comer of Lot 28, Block 35, Southridge East Phase 1 Addition, as shown by plat recorded
in Cabinet D, Page 315, Plat Records of Denton County;
THENCE North 35019108' East with the east line of Block 3S, a distance of 219.40 feet,
THENCE South 11042'25' East a distance of 179.32 feet;
THENCE South 88045'56' West a distance of 163.26 feet to the POINT OF BEGINNING and containing 0.330 acres of land more
or feu.
f
G OAKS
REM NOTE DESCRIPTION
TRACT I
•-161
EXHIBIT B (two pages)
All that certain tact of land situated in the John McGowen Survey, Abstract 797, City and County of Dentor, Texas and being all
of Tract 1 as described in a deed from Teri Taylor Companies, Inc, recorded in Volume 3417, Page 0001, Real Property Records of
Denton County, Team and being more particularly described as follows:
BEGINNING at the north right-of-way line of Southridge at the southeast corner of Lot 17, Block A, the Rldge of Southridge as shown
by the plat recorded in Cabinet D, Page 330, Plat Records of Denton County;
THENCE North 50037'33' East with the east line of Block A, a distance of 343.55 feet to a point for comer,
THENCE North 3500733' East with the east line of Block A. a distance of 350.82 feet to a point for comer,
THENCE North 10°18'39' West with the east line of Block A, a distance of 191,65 feet to a point at the northeast comer of Lot 12,
Block A. also being on the south line of Lot 8, Block One, J.W, Erwin Subdivision;
THENCE North 89°23'23' East wldt the south line of Lot B, a distance of 214.98 feet to a point on the west right-of-way of Lilllan
Miller Parkway,
THENCE with a curve to the right on the west line of Lillian Miller Parkway, having a cereal angle of 30°18'44', a radius of 757.74
feet, a chord of south 13°39142' west, an are length of 400.88 feet,,
THENCE South 28°49103' West with the west right-of-way of Lillian Miller Parkway a distance of 511.79 feet;
THENCE with a curve to the right having a central angle of 19°56'52', a radius of 92.00 feet, a chord of south 3804733' west, an
arc length of 32.03 feet;
THENCE with a curve to the left, having a central angle of 19056'Sl', a radius of 108.00 feet, a chord of south 3804733' west, an
arc length of 37.60 feet,
THENCE South 28°49'03' West with the west line of Lillian Miller Parkway a distance of 80.76 feet;
THENCE South 73°49103' West with a flan in said right-of-way, a distance of 12.73 feet to a point on the north right-of-way line
of Southridge Drive;
THENCE North 63°10$7' West with the north line of Southridge Drive a distance of 50.68 feet;
THENCE with a curve to the right having a central angle of 37°31'21', a radius of 270.00 feet, a chord of north 42°25'16' west, an
art length of 176.82 feet,
THENCE North 230393S' West with the north line of Southridge Drive a distance of 78.10 feet;
THENCE with a curve to the left having a central angle of 4034'22', a radius of 583,04 feet, a chord of north 2S°56'46' west, an
are length of 46.52 feet to the POINT OP BEGINMNO and containing 5.165 acres of land more or leas.
I
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TRACT z
All that certain tract of land situated in the John McGowan Survey, Abstt8 t 7; City en~Ir
of Denton, Texas and being part of Tract 2 as described in a deed from Teri Taylor Companies, Inc.
recorded in Volume 3417, Page 0001, Real Property Records of Denton County, Texas and being
more particularly described as follows:
COMMENCING at the southernmost southeast comer of Lot 28, Block 35, Southridge East Phase
1 AddidoN as shown by plat recorded in Cabinet D, Page 315, Plat Records of Denton County;
THENCE North 35°15'30' East with the east line of Block 35, a distance of 219.60 feet to the
POINT OF BEGINNING;
THENCE North 9°21"09' West with the east line of Block 35, a distance of 249.71 feet;
THENCE North 55907'48" East with the east line of Block 35 , a distance of 156.41 feet;
THENCE North 57°51'43' East with the east line of Block 35, a distance of 16958 feet,
THENCE North 51°42'37" East with the east line of Block 35, a distance of 200.30 feet;
THENCE North 37°28'25" East with the east line of Block 35, a distance of 126.46 feet to a point
in the south right-of-way of Southridge Drive;
THENCE with a curve to the left on the south line of Southridge Drive, having a central angle of
2°31'17", a radius of 330 feet, a chord of south 59°55'19', n ar. length of 14.52 feet;
THENCE South 61°10'57' East with the south line of Southridge Drive a distance of 71.68 feet to
a point in the west right-of-way of Lillian Miller Parkway',
THENCE South 28049'03" West with the west right-of-way of Lillian Miller Parkway, a distance of
893.19 feet,
THENCE South 88°41'36" West a distance o(73.94 feet to the southern point in a deed from Mave;
9, Inc. as recorded in Volume 93, Page 28904 In the Deed Record, of Denton County;
THENCE North 11° 415" West with the west line of said deed from Mavex 9, Inc., a distance of
179.32 feet to the POINT OF BEGINNING turd containing 4.131 acres of land more or less.
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Agenda No _
Agendalfem ZL4 9L
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December 21, 1993 We
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY REPLAT, EXPOSITION MILLS, LOT 1R, BLOCK A
RECOMMENDATION:
The Planning and Zoning Commission recommended approval,
7-0, at their December 8, 1993 meeting.
U R
This is a request for consideration of a preliminary
replat consisting of 22.493 acres located on the
northeast corner of Interstate Highway 35 and Westgate
Drive. The purpose of the replat is to allow for the
construction of an additional building at the Exposition
Mills and the expansion of the parking facilities to the
east of the property.
City services and facilities, including water, sanitary
sewer, electrical, and solid waste, are available.
The proposed replat will have no effect on existing
infrastructure other than the required extension of
Westgate Drive a distance of 140 feet, the extension of
a 4 foot wide sidewalk, and the installation of a 42 inch
pipe for drainage.
BACKGROUND:
on July 16, 1991, the city council approved the rezoning
and Development Plan for a 245 acre tract from the
Agricultural District to the Planned Development District
(PD 142).
On April 22, 1992, the Planning and Zoning Commission
approved the first Detailed Plan for this site,
consisting of 17.234 acres for the purpose of Denton
Factory Outlet Stores.
On September 9, 19920 the Planning and Zoning Commission
approved an amendment to the aforementioned Detailed Plan
for the purpose of modification to the driveways,
acreage, gross floor area, parking spaces, landscaping,
and building layout as well as the addition of
architectural features being 60 feet in heights
On December 2, 19921 the Planning and Zoning Commission
t
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approved the second Detailed Plan in PD 142 being a 1.609
acre tract for the purpose of a restaurant located
immediately north of the Denton Factory Outlet Stores.
On January 27, 1993, the Planning and Zoning Commission
approved an amendment to the detailed plan and landscape
plan regarding signs and tree placement.
On December 8, 1993, the Planning and Zoning commission
unanimously approved the Detailed Plan for an additional
37,472 square feet building and additional parking. This
preliminary replat covers the same area as that Detailed
Plan.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Engineering Department
Building Inspections
Planning and Development Department
FISCAL IMPACT:
N/A
ATTACHMENTS-
1. Site Plan
2. Preliminary Replat
3. Approved Detailed Plan
Respect ully submitteds
to d V. Harrell, C V Manager
Prepared by3
Debra Goodwin, Urban Planne r
Approvals
h
Frank H. Robbins, AI P
Executive Director
Planning and Development
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Exposition Mills ATTACHMENT 1 f,:!9 .2 3 NORTH
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ATTACHMENT 3
Exposition Mills NORTH
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Date: IV15/93 Scale: None
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ATTACHMENT 3 c,, ,~si7r.
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exposition Mills NORTH
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Date: 12/4/93 Scale: None
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DATE: Dgfe.. ber 21, ,93
REPORT 0 o-1 7 er-1
TO: Mayor and members of the City Council
FROM: Lloyd V. Harrell, City 14anager
SUBJECT. PRELIMINARY PLAT OF LOTS 18 - 27, BLACK Ai LOTS 41 - 46,
BLACK 36 OF THE SOUTHRIDGE OAKS SUBDIVISION? AND PRELIMI-
NARY REPLAT OF CATS 28 AND 29, BLACK 36 (int-j lots 28A
and 29A)i OF THE SOUTHRIDGE EAST SUBDIVISION, PHASE I.
RECOMMENDATION:
The Planning and Zoning commission recommends approval.
SUMMARY:
The 10.235 acre subdivision is located immediately west of
Lillian Miller Parkway, at Southridge Drive.
The subdivision is currently vacant, except for existing homes
on the front (west) halves of lots 28 and 29. Development of
16 new homesites is proposed along Lillian Miller Pkwy.
Public improvements include approximately 2,350 ft, of
concrete sidewalk, approximately 1,940 ft, of 801 water line
and approximately 2,010 ft. of 8" sewer line. The approx-
imately four fire hydrants must be spaced no more than 600
feet apart.
Electric service will be underground, via lines contained
within a 28 ft, wide easement dedicated by the final plat. A
20 ft, wide private access drive is also proposed to be within
this easement as shown.
Two additional median openings are proposed within the
existing Lillian Miller Parkway as shown.
In lieu of altering the floodplain, the applicant has chosen
to dedicate a drainage easement within Lot 46. while minimal
"cleaning up" will be allowed within the easement, natural
drainage cannot be impeded by a fence or other structure.
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The land is currently zoned allowing single-family detached a reside ceslopwith (PD-87),
portion of single-family 10 zoning. A proposal is now under
review which would develop the land for residential use.
A conditional letter of revision to the floodplain has been
received, and the request forwarded to the Federal Emergency
Management Agency. This request must be approved by F.E.M.A.
prior to final plat approval.
Services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available.
The plat and replat conform to the minimum requirement& of the
subdivision and Land Development Regulations; chapter 34 of
the Code of Ordinances.
YR4iRAMS, DEPARTMENTS 0 CR=2 AFFECTED.
Property owners, builders.
FISCAL IMPACT;
None.
Respectfully submitted,
Lloyd V. LO
Prepared by, City Manager
G. Owen Y000b LA
Urban Planner
J IY/ .V
Approved:
Frank H. R99 bins, AICP
Executivelbirector of
Planning Ind Development
ATTACHMENTS:
1. Location map.
2. Preliminary plat and replat.
ATTACHMENT 1
Z-93.022 Southridge Oaks (PD.87) A~5 NORTH
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Dote; 10/15/93 Scats None
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TRACT 2
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SOUTHRIDGE OAKS AND
REPLAT OF LOTS 28 k 28, BLOCK 3G
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MINUTES
Planning and Zoning Comm issi
November 10, 1993, 6
The regular meeting of the Planning and Zoning Commission of the
City of Denton was held on Wednesday, November 10, 1993, 1993, in
the Council Chambers of City Hall, 215 E. McKinney.
PRESENT FROM P&Z: Chairman Engelbrecht, Mike Cochran, Dr. Mary
Evelyn Huey, Richard Cooper, Katie Flemming,
Barbara Russell, and Dick Norton.
ABSENT FROM P&Z: None
PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning
and Development; Owen Yost, Urban Planner]
Mike Bucek, Assistant City Attorney; Gerald
Cosgrove, Engineering Administrator for
Water/Wastewater; David Salmon, Assistant
City Engineer; Cindy Cranford, Secretary.
Chairman Engelbrecht called the meeting to order at 5:05 p.m.
I. Consider approval of the minutes of the regular meeting of
October 27, 1993.
Dr. Huey made the motion to approve the minutes as written.
Mr Cochran seconded and the motion carried unanimously(7-0).
II. Consider recommending a preliminary plat of Lots 18-270
Block A; Lots 41-46, Block 36 of the Southridge Oaks
Subdivision; and a preliminary roplat of Lots 28 and 29,
Block 36 (into Lots 28A and 29A); of the Southridge East
Subdivision, Phase 1. The approximately 10.235 acre
subdivision is located immediately west of Lillian Miller
Parkway, at Southridge Drive.
STAFF REPORT: by Owen Yost
Mr. Yost reported that the 10.235 acre subdivision io
located west of Lillian Miller Parkway, at Southridge Drive.
It is currently vacant except !or homes on lots 28 and 29.
The proposal is for 16 new homesites. There will be 2,350
feet of sidewalk, approximately 1,940 feet of 8 inch water
line and 21010 feet of 8 inch sewer line and four (4) fire
hydrants that will be spaced no more than 600 feet apart.
All electric service will be underground with a 28 foot
easement dedicated by the final plat. A 20 foot wide
private access drive is also proposed to be within the
easement. Instead of altering the flood plain, the
applicant will dedicate a drainage easement within Lot 46.
The proposed use is allowed in the current zoning.
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Minutes A ;bt S S'~3
Planning and zoning Commission
November 10, 1993 4P
Page 2>~
v
All services will be available. The plat and replat conform
to the minimum requirements of the sub-division and Land
Development Regulations; Chapter 34 of the Code of
Ordinances.
RECOMMENDATIONS The Development Review committee
recommended approval.
Mr. Cochran asked how the drainage easement was going to
work.
Mr. Salmon said the easement would be left in a natural
state. A small amount of fill work would have to be done on
the nccth end. It would be raised about le inches above the
flood level.
Dr. Huey asked who was to pay for the two additional median
openings.
Mr. Yost said the developer was going to pay for the
additional openings. Mr. Yost did say that there would be
four conditions added to the recommendations
1. Delineate flood plain
2. Draw the 28 foot easement
3. Put the owners name on the plat
4. Show the zoning of Hunters Ridge to the south
Mr. Cochran recommended approval of the preliminary plat of
Lots 18-27, Block At Lots 41i46, Block 36 of the Southridge
Oaks Subdivisiont and a prelminary replat of Lots 28 and
29, Block 36 into Lots 28A and 29A of the Southridge East
Subdivision with the conditions recommended by staff. Mr.
Norton seconded and the motion carried unanimously (7-0).
III. Consider recommending the preliminary and final replats of a
portion of the R.E. Ford Additions Into Lots 1R and 2R,
Block 3. The .555 acre tract is located on the south side
of Lindsey Street, between McCormick Street and interstate
35-E.
This case was moved to November 17, 1993.
IV&V.Director's Report and future agenda items.
=CITY
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ORDINANCE NO. 4Q8A~dk0 ► -G
-----4gendaltem
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDAe1
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD-
ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, state law and ordinance require that certain contracts
requiring an expenditure or payment by the City in an amount ex-
ceeding $10,000 be by competitive bids, except in the case of pub-
lic calamity where it becomes necessary to act at once to appro-
priate money to relieve the necessity of the citizens, or to pre-
serve the property of the city, or it is necessary to protect the
public health or safety of the citizens of the city, or in case of
unforeseen damage to public property, machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council
that it is necessary to purchase goods or services due to the fol-
lowing emergency conditions outlined in the memorandum attached
hereto as Exhibit "A", incorporated herein by reference; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby determines that there
is a public calamity that makes it necessary to act at once to ap-
propriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machinery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders" attached hereto,
are hereby approvedi
PURCHASE
ORDER NUMBER VENDOR AMOUNT
41491 DARR EQUIPMENT $15,622.66
SECTION II. That because of such emergency, the City Manager
or designated employee is hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase Orders and to make payment therefore in the amounts there-
in stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids.
SECTION III. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of ---,1993.
BOB CASTLEBERRY, MAYOR
ATTESTI
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.,
19Y
DATE: DECEMBER 21, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FRGM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER 4 41491 - DARR EQUIPMENT
RECOMMENDATION: We recommend Purchase Order 41491 to Darr Equipment be
approved in the amount of $15,622.66.
SUMMARY: This purchase order to Darr Equipment Is for the part, labor and
transportation required to rebuild the complete under carriage, tracks and rollers
on Motorpool unit 2525. Unit 2525 Is a 1985 model 973 Caterpillar Trackloader. This
equipment is assigned to the landfill operation. It has a replacement cost estimated
to be approximately $260,000.00 and a unit life expectancy of 10 years. These
repairs are expected tc add 3 to 4 years to the useful life of this equipment.
Mme does not allow a formal bid process however, quotes were received from Darr
Equipment (;15,622.66) and A.I.S. Continental ($18,080.43).
BACKGROUND: Purchase Order 41491 and quote from Darr Equipment.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Fleet Services, and Landfill
Operations.
FISCAL IMPACT: 1993-94 budget funds for sublet equipment maintenance 710-025-
0580-8710.
Resp ully sub d:
L1o d V. Harrell
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
110. aq~nCe
PURCHASE ORDER NO: 41491 THIS IS A
INS number must appear on all CONFIRMING ORDER
invoices, delivery Slips, cases, Nil (IF MARKED)
ctns., boxes, packing slips and bills. i
DO NOT DUPLICATE
Rea. No Bid No ` Vate 12 13 93 Page Nu 01
D
CITY OF DENTON TEXAS
F 1R AS G DIVISION 1901-B TEXAS S1REEf / DENFON, TEXAS 76201-4354
o t017~383-7104 Vil' METRO 8171267-0042 FAX 817/382-4692
VENDOR DARR EQUIPMENT CO ,
NAME/ P O SOX 20737 t' DEW ERY CENTRAL RECEIVING S14
ADDRESS AODFESS FLEET SERVICES
DALLAS TX 75220 80~ TEXAS ST.
DENTON, TX 76201
VENDOR NO. DAR49000 DELIVERY QUOTED 12 15 93 FOB DESTINATION BUYER TS TERMS
1T I T
WAN u" IT I DESCRIPTION
001 1.000 EA VENDOR CAT. # N / A MEG NAME CAT # 973 15,622.660 15,622.66
CITY 1 92935
RIG #2525 REBUILD COMPLETE UNDER CARRIAGE AND TRACES ON UNIT
P GE TOTAL f 15,622.66
OR ND TOTAL a 15,622.66
01 710 025 0500 8710 15,622.66
3 Tali Net 30
VENDOA INSTAUCTONS
1 to alllnal 119 E Involtte MP withayable d Stdi e40Y. 4 S . S. No ShiO in ,nslruclione FOB Oewnation 0,epaid nii n., .rh. ,r.c i ,dl
2. l11 and
I o
snaN 4a included
le ref l satle State l^Sales1l1tax Shall 'I
y Purchasing Division
i in Denton, TX 71201.4799 PURCHASING
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING RANGE
LEASE BETWEEN THE CITY OF DENTON AND WALTER NUSBAUMI AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the mayor is authorized to execute a golf
driving range lease between the City of Denton and Walter Nusbaum,
which is attached hereto and made a part hereof.
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
ATTESTI
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.
9
g~
5
~n 93-0
DATA:' • ha M 4 15, 1993 S
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFSP # 1558 - GOLF DRIVING RANGE
RECOMMENDATION: We recommend the attached contract be awarded to Walter
Nusbaum for the operation of North Lakes Golf Driving Range.
SUMMARY: Request for sealed proposals to operate the North Lakes Golf Driving
Range were: solicited in November 1993. City of Denton staff has evaluated each
response. We find Mr. Nusbaum to meet or exceed all provisions of the request for
proposal. He offers over thirty years of golfing experience, financial stability, and
outstanding management qualification.
Mr. Nausbaum is proposing a three year contract with payments to the City of
$5,000.00 In 1994, $5,500,00 In 1995 and $6,000.00 in 1996.
The Park Board approved Mr. Nausbaums proposal in their December 1993 meeting.
BACKGROUND: Contract for Golf Driving Range,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation
Department and Citizens of Denton.
FISCAL IMPACT: The financial terms of the contract are as Indicated above and will
be accepted as revenue from Parks and Recreation activities, 1994 - $5,000.000 1995
- $5,500.00, 1996 - $6,000,00.
e ully sub t d:
to d V. Harrell
City Manager
Approved:
Name: Tom D.Shaw,C.P.M.
Title: Purchasing Agent
age Md a. 441
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A~5
GOLF DRIVING RANGE LEASE CONTRACT
NORTH LAKES PARK, CITY OF DENTON
THIS AGREEMENT made this _day of 14_, between the City of Denton,
(herein referred to as the "City"), and residing at 321 E McKinney, Denton, Texas, and
referred to as the "Lessee"), and residing at
WITNESSETH
WHEREAS the City of Denton, acting through its Department of Parks and Recreation,
hasjurisdiction over the park and recreation areas and facilities of the City and desires to continue
to provide a golf driving range operation at North Lakes Park, Denton, Texas, for the
accommodation of the public, and the Lessee desires to obtain permission to operate said services,
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements
contained herein, the parties hereby agree as follows:
1. The City hereby grants to Lessee and Lessee hereby accepts from the City a lease to
operate a golf driving range operation for the period herein stated and subject to all of the terms
and conditions herein contained, the following described property,
A portion of North Lakes Park in the City of Denton, Texas, designated on Exhibit "A", a
copy of U hich is attached hereto and incorporated by reference herein.
? This Lease shall commence on the day of 19,_ and shall terminate on the
day of 19_._, unless sooner terminated as herein provided, or unless City by thirty
(30) days notice in writing shall terminate the Lease, +vhen, in itsjudgement, it is deemed that
such termination is necessary by the operation of law, or pursuant to the terms of this agreement,
or it is deemed that the leased premises are required for other City purpose or purposes.
i
s
rs 00V re ation The Lessee shall post the hours of operation of the Golf Driving---
Range in a conspicuous place in the leased area. The Lessee shall have the right to make written
application to the Director of Parks and Recreation for a change in the hours of operation of the
Golf Driving Range, which, upon the approval of the Director, shall become the temporary hours
of operation of the Golf Driving Range The Director resen es the right to revoke the contract of
the Lessee if the Lessee does not adhere to the schedule of operations.
Lessee agrees to operate such Lease for the accommodation of the public using the said
facility during such seasons and such times and in such manner as the City may reasonably
prescribe
4. Rental The Lessee agrees to pay to the City an annual flat fee payable in quart!rly
installments as follows:
April, 1994 $1,250.00 April, 1995 $1,350.00 April, 1996 $1,400.00
July, 1994 $1,75000 July, 1995 $1,90000 July, 1996 $2,050.00
Oct, 1994 $1,250,00 Oct„ 1995 $1,400,00 Oct., 1996 $1,550.00
r , 1994 750 0 Dec., 1995 850.00 Dec., 1996 95 ,0
Total 1994 $$,000,00 Total 1995 $$,500,00 Total 1996 $6,000,00
Payments by the Lessee to the Director of Parks and Recreation shall be made to the order of City
of Denton and delivered to the Department's official address.
5. count-s The Lessee agrees to keep the books of account and records of all operations
and to establish systems of bookkeeping and accounting in a manner satisfactory to the Director
n i
and to permit an inspection of said books and records by the Director whenever suchinspectiCut ♦s~
deemed necessary.
6 UilK The cost of water, gas, electricity, and telephone service used in the operations
trill be paid by the Lessee. If no water, electric or gas meters are installed, the amount of stater,
gas and electricity may be estimated by the Director of Parks and Recreation and the cost of such
use vili be paid by the Lessee Should the Lessee neglect to pay any charges for electricity or
other sen ices supplied by the City %%hen the same shall become due and payable, Shen the amount
of said charges shall forthwith become a part of and be added to the Lease fee and shall under all
circumstances and conditions be considered and be collectible with the next Lease fee then due
Failure to pay shall result in termination of this contract The Lessee may have a telephone
installed for private use, at the Lessee's own expense, and shall pay the monthly bill for same
7. Fired EqWpm n It is understood and agreed that the Lessee shall have the use of all
fixed equipment now on the leased premises belonging to the City, listed on the schedule of fixed
equipment on file in the office of the Department of Parks and Recreation.
The Lessee agrees to supply, maintain, and replace at the sole cost and expense of the
Lessee all expendable equipment such as the EZ•Go cart and picker, office equipment,
ball-cleaning machines and other equipment required for the proper operation of this license. Title
to all equipment provided by the Lessee except fixed equipment belonging to the City and listed
on the schedule of fixed equipment, shall remain with the Lessee, and such equipment shall be
removed by the Lessee at termination of this Lease except as liereinafier provided in clause
s
"Violations." Should any such property remain in demised premises after 3Gch'expieatim or- S ( R
A) -J
termination, the Director may deal with such as though same had been abandoned and charge aJl
cost and expense incurred in the removal thereof to the Lease. c
The Lessee's obligation to observe and perform all of the terms and covenants of this
Lease shall survive the expiration or other termination thereof
Should the Director determine that any equipment installed by the Lessee not appearing on
the schedule of equipment belonging to the City may be removed without injury or damage, the
Lessee shall remove such equipment and deal therewith as Lessees ou n personal property.
8 ilfaintrn arice - of Fadlitr or Operation. _and [rovemen1 to Leased L'remises The Lessee,
with the knowledge of the Director, may install future structures, buildings and equipment
deemed necessary for the proper operation of this Lease and shall be responsible for full payment
for same, and shall maintain all structures, buildings and equipment, fixed and expendable, in good
order and repair at the Lessee's sole cost and expense during the term of the Lease. Plans and
specifications for all additional and fixed structures, building and equipment shall be submitted to
the Director for approval before being placed, built, delivered to or installed in the leased
premises, and the building or installation shall be subject to inspection and approval by the
Director. Title to all fixed structures, buildings or equipment shall vest in the City immediately
upon its being built or brought into the leased prcmises Lulls of sale or other evidence of
purchase shall be delivered to the City within ninety (90) days after construction or delivery as
herein above mentioned, and the schedule of fixed structures, buildings or equipment shall also list
8
and include the exact construction or articles which have become the property of the City during-
the term of this Lease
The Lessee, at the sole cost and expense of the Lessee, shall maintain that portion of the
Korth Lakes Park assigned to Lessee in full and complete repair to the satisfaction of the Director
during the term of this Lease.
The North Lakes Driving Range area of the Korth Lakes Park, together Kith all
structures, buildings, and equipment, shall be returned to said City in good order, condition and
repair
9 The lessee shall keep the entire North Lakes Driving Range facility and the surrounding
area for a distance of fifteen (15) feet clean and neat at all times. Nloscing and ground
maintenance +viil be the responsibility of the City. Removal of refuse shall be the responsibility of
the Lessee rsho shall see that refuse pickups are made as often as required without accumulation.
10, Merchandise for sale The Lessee shall post in a conspicuous place inside the concession
area a price list of all articles offered for sale. This price list shall be submitted to the Director
each season before the beginning of operation with a schedule of articles to be offered for sale
only as such articles and at such prices above cost as have been approved by the Director,
Such prices may be changed from time to time by agreement between the parties hereto.
The schedule of prices approved by the Director shall be printed, framed, and displayed at the
expense of the Lessee.
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11 Personnel The Lessee will personally operate said Lease or employ such gwnnea
satisfactory to the Director, and the Lessee agrees to replace said personnel or any employee,
whenever demanded by the Director. upon due cause being shown. The Lessee agrees to have a
sufficient number of personnel on duty at such leased areas for the proper operation of this Lease.
Lessee must comply with all State and Federal regulations, including the American Disabilities
Act. and must practice Affirmative Action in compliance with the City of Denton's policies
12 Permits The Lessee shall procure at its own cost and expense all permits or licenses
necessary for the legal operation of this lease.
13. Lease It is expressly understood and agreed that during the term of the Lease, the Lessee
shall have the use of the leased premises except as herein provided, and the Lessee has the right to
occupy the space assigned to it and to operate the Lease hereby granted to it and to continue in
possession thereof only so long as each and every provision and condition herein contained is
properly complied with.
14. ssi nabilit The Lessee shall not sell, mortgage, rent, assign or parcel out the Lease
granted, or any interest therein, or allow or permit any other person or party to use or occupy any
part of the premises, building, or space covered by this Lease for any purpose whatsoever without
first obtaining the written consent of the Director, nor s%.JI the Lease be transferred by operation
of law, it being the purpose and spirit of this instrument to grant this Lease and privilege
personally and solely to the Lessee herein named
15 . Advertising The Lessee agrees not to employ callers, criers, or use sign§'3cany other ~'-21- 3
means of soliciting business without the approval of the Director, and agrees not to advertise said Lease in any manner or fort on or about the premises leased to it, or elsewhere,
or in any
newspaper or otherwise, without such approval.
16 Alterations Any such repairs, alterations, decorations, additions, or improvements shall
be made at the sole cost and expense of the Lessee, and shall become the property of the City
immediately upon their annexation to the demised premises.
17. Damages W- Premises If buildings or structures are damaged in any way whatsoever by
reason of any act or omission of Lessee or its employees, then the Lessee shall repair at its own
cost and expense the building or structure so damaged Upon the failure of the Lessee to make
such repairs, the D'rector may repair such damage at the cost and expense of the Lessee.
18, Inspection The Lessee agrees that at all times free access will be given to Representatives
of the Director, the Department of Health and other city, county, state, or federal officials having
jurisdiction for inspection purposes The Lessee further agrees that if notified by the Director or
the Director's representatives that any part of the leased premises or the facilities thereof is
unsatisfactory, the Lessee will remedy the same at once.
14. Iti'ai~er of Damage The Lessee hereby expressly waives any and all claims for
compensation for any and all loss or damage sustained by reason of any defects, deficiency or
impairment of the electrical apparatus or wire furnished for the leased premises, or by reason of
;r J
any, loss of any gas supply, water supply, heat or current which may occur from timetotirn~f
any cause, or for any loss resulting from fire, water, tornado, explosion, civil commotion or riot,
or any act of God, and the Lessee hereby expressly, releases and discharges the City, its agents,
officers, and employees from any of the causes aforesaid and agrees to hold them harmless
therefore, including attorney fees, if any.
20. Public Interference The Lessee hereby expressly waives any and all claims for
compensation for any and all damage or loss sustained by reason of any interference by any public
official or agency, in the operation of this Lease.
21. Risk of Operation The Lessee assumes all risks of operation of the North Lakes Driving
Range and agrees to comply with all federal, state, and local laws and regulations and orders of
the City of Denton affecting the leased premises in regard to all matters
The Lessee expressly agrees to hold the City, its agents, officers and employees harmless
from any and all claims arising out of any violation of any law, rule, regulations, or order, and
from any and all claims for loss, damage, or injury to persons or property of whatever mind or
nature arising from the operation of this Lease, whether the same are caused by the sole
negligence of Lessee or the joint negligence of the City and the Lessee, and the Lessee expressly
agrees to indemnify the City, its agents, officers and employees to the extent of any recoveries
against them individually or jointly arising from same.
21 Insurance
I
J
All insurance policies obtained shall comply with the following general speeif cations, at}d 93
shall be maintained in compliance with these general specifications throughout the duration of the
Lease, or longer, if so noted
- Each policy shall be issued by a company authorized to do business in the State of
Texas with an N NI Best Company rating of at least A
- Any deductibles or self-insured retentions declared in the submitted proposal shall
be met. If requested by the City, the insurer shall reduce or eliminate such
deductibles or self-insured retentions with respect to the City, its officials, agents,
employees and volunteers, or, the contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
- Liability policies shall be endorsed to provide the following.
1) Name as additional insured the City of Denton, its officials, agents,
employees and volunteers.
2) That such insurance is primary to any other insurance available to the
additional insured %kith respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is
made or suit is brought. The inclusion of more than one insured shall not
operate to increase the insurers limit of liability.
- All policies shall be endorsed to provide thirty (30) days prior written notice of
cancellation, non-renewal or reduction in coverage.
Should any of the required insurance be provided under a claims-made for'rn,' 6d
Lessee shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Lease shall additionally
comply with the following marked specification-,, and shall be maintained in compliance with these
additional specifications throughout the duration r f the Contract, or longer, if so noted
A General Liability Insurance
f
A
General liability insurance v+ith combined single limits of not less than 1,000,000/j
shall be provided and maintained by the Lessee. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and umbrella or
excess policies.
If the Commercial General Liability form (ISO Form CG 0001 Current Edition) is
used:
- Coverage A shall include premises, operations, products and completed
operations, independent contractors, contractual liability covering this contract and
broad form property damage coverages
- Coverage B shall include personal injury
- Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
B Automobile Liability tnsurance
Comprehensive or business Automobile Liability insurance shall be provided by the
Lessee with limits of not less than 5500,000 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies This policy wili include bodily
a
._y3-o-~(6
injury and property damage liability arising out oft, , rion, maintenance or use of any 2 93
auto, including owned, non-owned and hired automobiles and employee non-ownership
use. (ISO Form CA 0001 Current Edition)
C. Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurar,:e which,
in addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, 3100,000 per each
employee, and a $500,000 policy limit for occupational disease The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured.
23. \'iola[ioM Should the Lessee breach or fail to comply with any of the provisions of this
agreement, or federal, state, or local laws or any rule, regulation or order of the Department of
Parks and Recreation affecting the Lease or the leased premises in regard to any and all matters,
the Director may, in writing, order the Lessee to remedy such breach or to comply with such
provisions, laws, rules, regulations, or order, and in the event that the Lessee fails to comply with
such written order within forty-eight (48) hours from the receipt thereof, then this Lease shall
immediately terminate and end as though it were the time provided for the termination thereof If
said breach or failure to comply is corrected, and a second or repeated violation of the same rule,
provision, law, regulation or order follows thereafter, the Director by notice in writing may
revoke or terminate this Lease, such revocation and termination to immediately become effective
i
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6
on the mailing thereof, the Lease to terminate as though it were the time provided_fQLthe - 1-.93
termination thereof /3-7 lyef?ep
Should the Lessee be convicted of a crime related to or affecting the operation of the Golf
Driving Range, the Director may terminate this Lease by notice in writing immediately effective
on mailing, the Lease to terminate as though it were the time provided for the termination thereof
Should the Director, in his/her solejudgement, decide that the Lessee is not operating the
Lease herein granted in a satisfactory manner, then the Director may terminate this Lease by
notice in writing immediately effective on mailing, the Lease to terminate as though it were the
time provided above for the termination thereof. In the event the Lease terminates as aforesaid,
or for any reason whatsoever as elsesshere provided in this Lease, all rights of the Lessee therein
shall be forfeited without any claims for damage, compensation, refund of its investment, ifany, or
any other payment whatsoever against the Director or the City.
In the event this Lease terminates as aforesaid, any property of Lessee within said Lease
area may be held and used by the City in order to operate said Lease during the balance of the
calendar year and may, be held and used thereafter until all indebtedness of Lessee hereunder at
any lime of termination of this license is paid in full.
24. Notice Where provision is made herein fo: notice to be given in writing, the same maybe
given by mailing a copy of such novice to the Lessee by registered mail, addressed to the address
hereinabove or any such other address as shall be filed with the Director, or by delivering a copy
of said notice to the Lessee or any other person in charge of the leased premises
25. Surrender The Lessee, at the expiration or sooner termination of this Lease, shall quit j
P4 g /yfr
7 y°
and surrender the leaved premises and all property listed on the schedule of fixed equipment on
file at the office of the Department of Parks and Recreation, belonging to the City iik as good
condition as when taking possession thereof, reasonable wear and tear and damage by the
elements expected.
The Lessee shall be held responsible for all fixed equipment listed on the aforesaid
schedule of fixed equipment belonging to the City and shall surrender the quantities listed on said
schedule of fixed equipment which belongs to the City and w hich should be at the leased premises
by virtue of the premises of this Lease.
26. Security Dent The Lessee shall provide the City with a security deposit in the amount
of Five Hundred Dollars ($500), prior to the opening of the Golf Driving Range to "oe public.
27. Relief The Lessee may, in the discretion of the Director of Parks and Recreation, be
relieved in whole or in part of any or all obligations of this agreement for such stated periods of
time as the Director may deem proper upon written application showing circumstances beyond
the Lessee's control warranting such relief
28. Wherever the term "Director" is used in this agreement, it shall also be construed to
include the City Manager and the Executive Director of Municipal Services/Economic
Development, or any other assigned agents as the Director deems necessary,
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IN WITNESS WHEREOF, the parties hereto have executed this Lease
this -day of 19__.
CITY OF DENTON, TEXAS
BY:
ATTEST: BOB CASTLEBERRY, MAYOR
~
BY:
_
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
ATTEST: LESSEE
BY: BY:
PARD BOARD MINUTES-DEC. 13, 1993
Page 5
V. ACTION ITEMS:
1. North Lakes Park Driving Range (Rich Dlugas)
Two interested individuals contacted Rich in the fall
expressing an interest in operating the Golf Driving
Range. As a result, a third RFP was sent out which
generated proposals submitted by Walt Nusbaum and Alan
Scott.
Alan Scott operates four batting cages at the miniature
golf driving range located on 135E, and has been very
involved in Little League and Boys Baseball since leasing
these facilities in Nay, 1993. The proposal submitted by
Alan Scott was not recommended by staff for the following
reasons:
1. Proposal focused primarily on the construction and
operation of batting cages.
2. Batting cages might not ba appropriate in an area
located near golfers and tennis players.
3. Although a good proposal, it did not contain what
the Parks and Recreation Department had envisioned
for this particular project.
Walt Nusbaum's proposal was recommended by staff for the
following reasons:
1. Possesses a very solid financial background.
2. His submittal meets all the requirements of the
proposal, the two most important of which are, 1.)
revenue back to the City, and, 2.) insurance
requirements as set by the Risk Manager.
3. Committed to contracted revenues back to the city
of:
1st year: $5,000
2nd year: $5,500
3rd year: $6,000
4. Plans to provide ample instructional aids and
classes.
5. Will install an automatic ball machine to enable
customers to use the driving range after regular
hours of operation.
6. After all approvals are received, Walt is prepared
to open the facility by February, 1994.
7. In addition to being the chief instructor, he will
also provide many extra service; free of charge for
the clientele, such as cleaning golf clubs,
providing towels, etc.
8. other notable plans contained in his proposal are:
* three different sizes of buckets for balls, to
include a $1 bucket which provides 20-25
balls.
* creative ideas for marketing the driving range
12163047.WP5
f
PARD BOARD MINUTES-DEC. 13, 1993
Page 6 E,
* will install six cocoa or brush map leonyP
tees, and a sand trap adjacent to the fixed
lesson tees
* will install a six foot privacy fence on
either side of the lesson tees
* offers competitive pricing structure, and
personalized instruction classes
The Parks and Recreation Department Staff feels that it
has an exceptional opportunity to have a facility of
quality standards that could not have otherwise been
provided. Parks and Recreation will be able to open up
another level of services for the public which it did not
have the resources, time, or staff to provide before.
Staff recommends from the Board approval and award of
contract to Walter Nusbaum.
Doug Chadwick motioned to accept the recommendation as
presented, with Burkley Harkless seconding the motion.
Motion carried.
VI. OTHER ITEMS:
The Board was invited to attend the Parks and Recreation
Department Christmas Party at the Denton Visual Arts Center,
Wednesday, December 15th, at 11:30 p.m.
Tentative date for next month's meeting is January 24, 1994.
VII. ADJOURN.
Motion to adjourn was made by Doug Chadwick and seconded by
Loyce Wilson. Motion carried and meeting was adjourned at
7:40 p.m.
12163047.WP5
=CITY-
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AgenANo
Ageida;teln M
ember 211 1993
CITY COUNCIL AGENDA ITEM
I
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROMi Lloyd Harrell, City MEnager
REI AMENDMENT OF SOLID WASTE RATE ORDINANCE
RECOP=NDATIONi
The Public Utility Board recommends City Council approve
amendment of Solid Waste rate ordinance to add charges for
refill and extra pickup commercial dumpeter service, and to
charge for unsecured (untarped) loads entering the sanitary
landfill, effective January 1, 1994.
SUMMARY/BACKGROUNDS
Dumpater Refill Charge
Some solid waste customers receiving dumpeter service request
they be allowed to refill a dumpster at the time it is emptied
by the solid waste crew. Currently, these request are being
honored at no additional charge. This Pervice allows these
customers to have smaller size dumpsters or less frequent
scheduled pickups as compared to other customers with similar
solid waste volumes. The requested rate ordinance change
provides for additional charges based on analysis of the time
to refill the dumpster according to dumpster size. The refill
charges range from $10.00 per refill for a 2 cubic yard
dumpster to $40.00 for an 8 yard dumpster (;5.00 per cubic
yard).
Dumpster Extra Pickup Charge
Some dumpeter customers call and request an additional pickup
at other than scheduled pickup times. No additional chargo is
levied for this extra service, even if more than one extra
pickup is requested during the month. The requested rate
ordinance change would charge for extra pickup service in
excess of cne request per month. The charge would be the same
as for the dumpster refill charge.
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Unt rped (unsecured) Loads at Landfill V %
A number of landfill users who bring solid waste loads
directly to the landfill fail to tarp or otherwise secure
their loads. Although the city can refuse to allow dumping
privileges, there is concern that this will result in illegal
dumping. However, allowing customers with unsecured loads to
continue to receive landfill services is not a reasonable
option. Texas Solid Waste Management regulations make the
landfill owner responsible for the increased cleanup of waste
materials spilled along and within the right-of-way of all
public access roads serving the site if efforts are not made
to assure secured loads entering the landfill. Staff believes
the most effective way to enforce the secured load requirement
is to charge an additional $10.00 fee. This will provide a
financial incentive for customers to secure their landfill
loads as well as document the city's efforts to assure secured
loads. Failure to take actin on this issue could result in
the city's assumption of litter collection service outside the
city limits.
FISCAL SUMMARYt
The rate ordinance changes will provide a small percentage
increase in commercial and landfill solid waste revenue, and
will more properly charge customers based on the cost of
service.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens of Denton, Solid Waste Customers, Denton Municipal
Utilities, Legal Department, Finance Department, Public
Utilities Board, and City Council.
Respect lly submitted,
Ll y Harrel
City Manager
Submitted yr
R. Nelson
Executive Director of Utilities
Exhibit: Revised Solid Waste Rate Ordinance with Changes to
Commercial Solid Waste and Landfill Rate Schedules
9
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E:\WGD0CS\00D\DU117S1ER.0
ORDINANCE 140.
AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES FOR
COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER
24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ESTABLISHING
CHARGES FOR DUMPSTER REFILL AND EXTRA DUMPSTER PICKUP SERVICE?
ESTABLISHING CHARGES FOR UNSECURED LANDFILL LOADS; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SEUION I. That the charges for solid waste collection
services as authorized by Section 24-42(b) of Article II, Section
24-66 of Article III and Section 24-4 of Article I of Chapter 24 of
the Code of Ordinances are hereby established as follows:
SOLID WASTE RATE SCHEDULES
Ba
SWR Residential Solid Waste Collection Service 2
SWC Commercial and Institutional Solid Waste
Collection Service 3
SWL Sanitary Landfill Use 7
SWY Commercial and Institutional Recycling Service 11
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SCHEDULE 811R 0 9, 7 Pgo
REBIDENTIAL SOLI HASTE COLLECTION SERVICE
APPLICATION
Applicable to individual family unit solid waste collection
service. Individual family unit includes each side of a duplex,
each living unit per subdivided lot, and any unit or living space
in which a person or single family resides.
MONTHLY RATE
Effective October 1, 1993, $10.80 per 30 days
SURCHARGE (State of Texas statutory charge for landfill use)
$0.35 per 30 days
The surcharge referenced above is hereby authorized to be
remitted to the state as required by law.
MINIMUM BILLING
Effective October 1, 19931 $11.15 per 30 days
OTHER C AR .a
Effective January 1, 1994, the charge for the collection of
grass clippings and leaves in excess of 6 bags per week (one
cubic yard) is fifty cents ($0.50) per bag.
Effective January 1, 1994, the charge for the collection of
brush and tree limbs in excess of 1 cubic yard is $4.00 per
cubic yard collected per week. One cubic yard of brush has
the dimensions of three feet by three feet by four feet.
The charge for the collection of appliances is $10.00 per
appliance.
PAGE 2
IN
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SCHEDULE SWC
COMMERCIAWINSTITUTIONAL SOLID WASTE COLLECTION
(Effective 01/01/94)
APPLICATION
Applicable for all commercial or institutional solid waste
collection service.
MONTHLY RATE
A. DUMPSTERS (Regular Service)
1. 2 YARD DUMPSTER
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per Week Per Week Per Month 30 Days
1 2 8 $ 20.25
2 4 16 32.50
3 6 24 48.5D
4 8 32 62.50
5 10 40 78.00
6 12 48 92AD
7 14 56 MOD
2. 3 YARD DUMPSTER
Number of Times Cubic Yard Cubic Yards Rate Per
Collected Per i~ee Per Week Per Month 30 Days
1 3 12 $ 25.25
2 6 24 45.60
3 9 27 65.70
4 12 48 86.40
5 15 60 107.25
6 18 72 127.80
7 21 84 148.05
PAGE 3
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3. 4 YARD DUMPSTER 6
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per Week Per Week Per Month 30 Days
1 4 16 $ 3LOD
2 8 32 59.20
3 12 48 86.40
4 16 64 112.00
5 20 80 139.00
6 24 96 165.60
7 28 112 191.80
4. 6 YARD DUMPSTER
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per Wegk Per Week Per Month 30 Days
1 6 24 S 44.50
2 12 48 82.00
3 18 72 121.00
4 24 96 160.00
5 30 120 198.00
6 36 144 242.00
7 42 168 277.20
5. 8 YARD DUMPSTER
Number of Times Cubic Yards Cubic Yards Rata Per
Collected Per Week Per Week Per Month 30 Days
1 8 32 $ 56.00
2 16 64 108.00
3 24 96 161.00
4 32 128 208.00
5 40 160 261.00
6 48 196 314.00
7 56 224 353.00
The 2 yard dumpster service at more than once per week
pickup is only available to existing customers receiv-
ing 2 yard dumpster service on October 1, 1993. Begin-
ning on October 1, 1993, new 2 yard dumpster service
will not be offered to any customer except on a
schedule of once per week pickup. Existing customers
receiving 2 yard dumpster service that discontinue 2
yard service on or after October 1, 1993, may not at a
later date, reinstate 2 yard dumpster service with more
than one pickup per week.
PAGE 4
B. DUMPSTER SERVICE (Temporary) - 1 Z~-2 --1 3
Type of Rent
Container Per 30 Days Service Charge
3 cubic yard dumpster $ 6.00 $18.60 per pickup
4 cubic yard dumpster 7.00 24.80 per pickup
6 cubic yard dumpster 9.25 35.40 per pickup
8 cubic yard dumpster 11.00 46.40 per pickup
I
C. DUMPSTER SERVICE (Refill and Extra Pickup)
Type of
=tainer Service Ch-ugg
2 cubic yard open top $10.00 per pickup
3 cubic yard open top 15.00 per pickup
4 cubic yard open top 20.00 per pickup
6 cubic yard open top 30.00 per pickup
8 cubic yard open top 40.00 per pickup
D. OPEN TOP CONTAINERS
i
Type of Rent
Container Per 30 Days Service Charge
15 cubic yard open top $30.00 $ 87.00 per pickup
20 cubic yard open top 40.00 118.00 per pickup
30 cubic yard open top 55.00 169.00
per pickup
40 cubic yard open top 70.00 215.00 per pickup
E. COMPACTORO
Type of Rent
Container Per 30 '+.;y_* Service Charge
6 cubic yard compactor $ 43.00 $ 38.00 per pickup
12 cubic yard compactor 97.00 75.00 per pickup
15 cubic yard compactor 97.00 88.00 per pickup
20 cubic yard compactor 116.00 121.00 per pickup
25 cubic yard compactor 135.00 145.00 per pickup
30 cubic yard compactor 165.00 170.00 per pickup
42 cubic yard compactor 215.00 222.00 per pickup
PAGE 5
I
SURCHARG$ i a 7
An additional 3.5% charge will be assessed for each 30 day
period (excluding rental charge) to compensate for the State of
Texas surcharge for solid waste received at landfills. The
City staff is hereby authorized to remit such charge to the
State.
PAGE 6
x
&
OTHER CHARGE
A delivery fee of $50.00 per container will be charged to all
customers for open top containers and compactors. A delivery
fee of $15.00 per container will be charged to all customers
for temporary dumpster service.
The charge for collection of appliances is $10.00 per item.
The charge for collection of brush outside the container is
$4.00 for each cubic yard of brush over 1 cubic yard.
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PAGE 7
SCHEDULE OWL ~0 ►~A/
SANITARY LANDFILL USE
(Effective 01/01/94)
APPLICATION
Applicable to individuals and commercial entities that use the
City's sanitary landfill site.
13ATES AND CHARGESI
A. INDIVIDUAL USERS
Charge Per
Type of Vehicle Vehicle Per Load
1. Automobiles and station wagons, $ 4.00
pickup trucks less than one-half ton.
2. Motor vehicles with a carrying $ 12.50
load capacity of 2 cubic yards
but less than 5 cubic yards such
as one-half ton pickups.
3. Pickup trucks with side boards $ 39.50
and all other vehicles with a
carrying capacity in excess of
5 cubic yards but less than 10
cubic yards.
4. Vehicles with carrying capacity $ 59.25
In excess of 30 cubic yards but
less than 15 cubic yards.
5. Vehicles with carrying capacity $ 79.00
in excess of 15 cubic yards but
less than 20 cubic yards.
6. Vehicles with carrying capacity $118.50
In excess of 20 cubic yards but
less than 30 cubic yards
7. Vehicles with carrying capacity $158.00
in excess of 30 cubic yards but
less than 40 cubic yards.
8. Vehicles with carrying capacity $197.50
of 40 cubic yards or more.
PAGE 8
W
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23
S. REGULAR COMMERCIAL USERS Vt/A o v
The City Finager may enter into contracts with private commer-
cial collection service companies for regular use of the
sanitary landfill site at the following rates:
Residential and commercial $ 3.95/cubic yard or
garbage $ 15.80/ton
Rubbish (trash) $ 3.95/cubio yard or
$ 15.80/ton
Uncompacted residential and $ 3.95/cubio yard or
commercial garbage $ 15.80/ton
All such contracts may contain conditions of operation,
disposal and delivery as necessary for the efficient operation
of the landfill site and the method of billing and collection
for such use.
C. TIRE CHARGES Chargg Per Tire
1. Automobile tires not shredded, S 2.30
quartered or halved.
2. Truck tires not shredded, $ 4.60
quartered or halved.
D. SPECIAL WASTE Rate Per Cubir.Yard
Disposal of "Special Waste" as $ 7.50
defined by the State of Texas
Municipal Solid Waste Management
Regulations. Acceptance of special
waste is subject to Federal and
State lawn and regulations, and the
City has the right to refurc to
accept waste.
E. UNSECURED LOADS Rate Per Load
Applies to solid waste load that $10.00
are not secured with a tarpaulin
or other equipment that prevents
material from spilling along and
within the right-of-way of public
access roads serving landfill site.
.GE 9
LIMITATIONS
Landfill permits issued by the City of Denton prior to the
effective date of this ordinance may be redeemed for their face
value. The customer must pay the difference between the
current rate and the face value of the permit. The customer is
not entitled to a refund if the face value of the permit
exceeds the cutrent rate.
PAGE 10
z
SCHEDULE SNY ~3 of ~S' Pr
COMMERCIAL/INSTITUTIONAL CARDBOARD RECYCLING (J
(Effective 10/01/93)
APPLICATION
Applicable to commercial or institutional customers that
receive separate recycling service in dedicated recycling
containers.
MONTHLY RATE
A. DUMPSTER RECYCLING SERVICE (8 YARD DUMPSTER)
Number of Times Rate Per
collected Per Week 30 Days
1 $ 50.00
2 100.00
3 150.00
4 200.00
6. OPEN TOP RECYCLING SERVICE
Type of Rent
Container Per 30 Davs Service Charge
30 Cubic Yard $50.00 $135.00
40 Cubic Yard 65.00 135.00
C. COMPACTOR RECYCLING SERVICE
Type of Rent
Conte nez Per 30 Days $gryice Charge
30 Cubic Yard $150.00 $135.00
40 Cubic Yard 200.00 135.00
PAGE 11
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MYY6NM
q
$,CTION V. That this ordinance shall become effective immedi-
ately upon its passage and approval, except that those charges
designated to be effective January 7, 19941 shall be charged and
applied to such solid waste service rendered on or after January 1,
1994.
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
BY:
PAGE 12
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Ar,andal
Date
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 568-8307
Office of the City Manager
ME MOF2Ar41JLJM
TOt Lloyd V. Harrell, City Manage
FP.OM1 Rick Svehla, Deputy City Manager
DATES December 15, 1993
SUBJECTi PROPOSED CONSTRUCTION/RECONSTRUCTION ON TEASLEY LANE
As you know, for the last nine months or so, we have been working
on moving all of our utilities out of Teasley Lane. The gas
company is finishing up their final relocations. As you may
recall, that has to all be done prior to the Highway Department
letting or awarding the bid for construction on Teasley.
We have had numerous discussions with Buz Elsom and his staff at
the Resident Offics. Buz is indicating that the award of this
project should be at the February meeting of the Highway
Commission. That is good news and we are looking forward to the
project finally beginning in earnest.
One of the real concerns that a number of council members have
expressed is how the project will be built and how that will affect
neighborhoods, schools, churches, and businesses, In discussions
with Buz we have agreed to have some meetings that would brief the
neighborhoods, businesses, churches, and schools on the
construction schedule and how the project is going to be built. We
also think it is important to have telephone numbers and contact
persons available for people to call. Finally, we think that there
is a reed for ongoing meetings to advise all the affected parties
of the construction changes, the schedule, etc. Both the staff and
TxDOT think it is real important to keep all of these groups
advised, In the coming months we will be working out a system
between us and TxDOT to accomplish this task. We will be looking
at using newspapers, cable television, utility billing, as well as
the possibility o" regularly scheduled meetings to facilitate the
distribution of information. If you or the Council have further
suggestions, we would be happy to try and incorporate those as we
continue to plan for this major project.
"Dedicated to Quality Service"
A r,.r,1 % O S~_G
Lloyd V. Harrell f.:,,yF„f
December 15, 1993 -3
Page 2
We will continue to keep the Council posted as new developments
occur and as more of the program is developed and scheduled.
flick Svehla
Deputy City Manager
RSiss
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Cv.3 19056'52" 108,00' 18.99' 37.60' S.38'4729"W. 37.41'
Cv.4 37131'21' 270.00' 91.71' 176.82' N.420251 7"W. 173.68'
Cv.5 04'34'22" 583.04' 23.28' 46.53' N.25'56'4rW. 46.52'
Cv.6 02'31'16' 330.00' 726' 14,52' S.59'55'19"E. 14.52'
Np
TANGENT TABLE C
NA.=.rny lenprh
T--I S.28049'030W.--- 80.76'
T-2 S.7J49'03"W. 12.73'
T-3 N.61'10570W. 50.68'
T-4 N.2J39'35'W. 78.10'
7-5 S.88'4113rW. 73.94
T-6 S.61'10'5706. 71.68'
T-7 S.88'40'290W. 82.34'
T-8 N.8940'080£. 57.13'
T-9 N.01'20'36'W. 52.57'
T-10 N88'39'24"£. 153.87' j
T-11 S.09'21'09"£. 16.60'
1
LOT SUMMARY
Tract 1 10 Lots
'Tract 2 8 Lots
Tract 3 = 2 Lute f
LO'15 !
TOTAL = 18
qb `
ov J.N'. ERWN SUBDIVISION l I ~
HI(JO One
~ I Ir
I `I 1
a ey 1 Zoned: SF- 16
v\ )
' t 23'zrC 214.9ertCF 27 I cw
\ ODD (19,916 S.F.) I
28 f 1 I
L -4
CANON MAP
A PACE 348-N'
Ptopcsf
~1 •Y' ~6E0 n.luq •0► ~ ~
v0s are monument,>'d with 112 lnch iron J ~.YY~ 2
wise noted. 36Rt'o (14701 SF.) /
The Ridge of Souiln' e
Cabinet 0, Poe 3J e,
PROCl / op 6 -671 661 a
1
Zoned. SF- f 6 ~ 14) r; -666 1 / 24 rp /
)
An. Fib ! / /a cM l
a
H;cc r A Block A
t;Sl /
2-3
LYE. FT E73.C
` A Wr I
{ / ~15~ FS 0~/ / 55N4
22 r=aaa7J
/ ~ t1,y F,j (21,130 S.F~~ ~ / ~ nkl r .d6L6
°b d POINT of fe / s. l49 A 'RE'S L
NNJNC
~bxJG~ P~CIlRACr f \1\3 rROCr) TRACT
F ~j ~d,~}r (2W4 S.F.1 5,165 A
(•^z+.986 $0.
~ ~20 Rte. V
(6~ L Na~9 (28.91\3 SF) s J
40 \ o (2 1 SF.) t+" Nak-
s q F
c s
{1
µy \~O (27.5 1 Sr) ~ t t I
(
i
I 0KN£R'S CERTIFICATE
COUNTY OF DENTON X
STATE OF TEXAS
N'>•fEREAS MAWX 9, INC.,RANDY FEUCHr CONSTRUCTION, INC. AND WLLIAfd HUTSELI. or
owners of a tract of land situated in the John McGowen Survey, Abstract Number
F 797, In the City of Denton, Denton County, Texas and being all of TRACT F and
TRACT 2 occurding to the deed recorded in Volume ,3417, PGge 0901 of the Deed
Records of Denton County, Texas (DROCT) and being all of Lots 28 and 29, Block 36,
1 of SOUTHRiDGE EAST PHASE 1, on addition to thu City of Denton according to the
plot recorded In Cabinet D, Page 315 of the Plot Records of Denton County, Texas
(PRDCT) and being more particuforly described as Tract 1, Tract 2 and Tract 3 as
follows:
TRACT 1
f
8EGINNiNG at a 1/1 inch iron rod found for the most westerly comer of sad Tract i
and being the most southerly comer of Lot 17, Block A of the Ridge of Southridge, an
aediflon to the City of Denton according to the plot recorded In Cobinet 0, Pogo 330
(PRDCT) and being located in the northwesterly right-of-way line of 5oufhrldge Driver
(a 60 feet wide r.'ghi-of-way);
r
i
THENCE departing the noftheasferly right-of-woy the of sold Southridge Crive and
following the northwesterly fine of sold Tract f and the southeasterly line of sold
j Ridge of SouthNdge addition as follows:
NORT'rf 5037'33' EAST o distance of 343.55 feet to a t/2 inch iron rod found
€ for caner;
fr[k NORTH J5U7'3J' EAST a distance of J508? feet to a 112 inch iron rod found
r for comer;
r
NORTH 1078'39' WEST a distance of 191.65 feet to a 518 Inch iron rod set for
the northwest corner of sold Tract 1;
t TNEWCE NORTH C97J'23' FAST a drsionce of 214.98 feet io a 112 inch iron red four d
for the northeast corner of said Tract f and being located h the westerly right-of-
way line of Lillian AhMer Parkway (a 80 feel wide rlol-of-way) in a curve to the
right hovhq a rodlus of 757.74 feet, a chord b:orlnq of South 1J'39'42' West and a
chord length of 396 22 feet,
TN£NCF along the westerly right-of-way line of said Vilion Mltler Parkway as
as ~ rollow3:
Continuing olrr,q stead curve to the right through a centrui angle of 3018'44'
I for on arc length of 400.88 feet to a f12 Inch Iron rod found for the point of
ji longency
SCUM 25'49'03' KEST a distance of 511 7v eel to a 112 Inch iron rod found
fcr the beginning of a curve to the rlghf hoving a radius of 92.00 fee(, a chord
bcofirng of South J8'4729' West and a chord fength of Jf.87 feet;
Continuing along sold curve to the right through a central ongle of 19'56'52'
for on arc length or J2.03 reef to a 112 inch bon rod found for the beginning
of o reverse curvw to the left havM9 o radius of fO800 feet, a chord beuring
of South 38'4729' West and a chord length of 37.41 feet,
Continuing along sold reverse curve to the left through j central ong'e of
19'56'51" for an arc length of J160 reef to a 112 Inch iron rod found far the
p~'nt of tonge,icy.
' III '
t
M
TRACT 2
i
BEGINNING at u 112 inch ,Iron rod found for the northeast corner of said Traci 2 and
being located at the point of intersection of the northwesterly right-of-woy fine of
f Ltlilan Miller Parkway (a 80 feet wide right-7f-way) with the southwesterly right-of-
the way line of Southridge Drive (0 60 feet wide right-of-way);
s' Th'ENCE clang the northwesterly right-of-way line of sold Lillian Miller Parkway SOUTH
28'49'03' WEST a distance of 893.f9 feet fo a f12 Inch Iron rod found for the
southeast comer of said Tract 2; "r
F
THENCE departing the northwesterly right-of-wny line of sold Lillian Miller Porkway {
EE and rollowing the southerly lane of sold Tract 2 SWrH 88'41'36' *EST a distance of
I 73.94 feet to 0 1/2 inch Iron rod found for corner;
r'
THENCE departing the southerly line of sold Tract 2 NORTH 11'4225' HEST a distance
of 179.J2 feet to a 112 inch Iron rod found for comer located in the westerly hhe 9
of said Tract 2;
THEN'LT NORTH 0971'096 WEST a distance of,249.71 feet to a 112 inch Iron rod found
for the most westerly northwest corner of slid Tract 2 and bek7g the northeast corner
of Lot J2, Block J6 of Southridge fast Phase f, on addition to the Coty of Denton
according to the plat recorded in Cabinet D, Page 015 (PRDC1);
i
THENCE along the northwesterly line of said Tract 2 and the southwcsterly line of
said Southridge East Phase I as follows.
NORTH 55107'48" EAST a distonce of 156,41 feet to a f/2 inch ion rod found
for comer;
NORTH 57'51'4J' EAST a distance of !69.58 feet to u 112 inch iron rod round
fa corner;
N(ir7TH 51'42J7' EAST a distonce of 204,30 feet to a 112 inch Aron rod found
far caner;
l
I NORTH 3778'25" EAST o distance of 126,46 feet to a f12 inch Aron rod foe,nd;
for the most northerly northwest caner of said Traci 2 and being located In the
southwesterly right-of-way line of sold Southridge Drive in a curve to the left
having a radius of JJOOO feet, o chord beoriag of South 5955'19' East and a
chord length of 14.52 feet;
"iMCE along the southwesterly right-of-Nay line of sold Southridge Drive as follows: s,f
Continuing along good curve to the left through a central angle of 02'306'
for an arc length of !4.52 feet to u 112 inch Iron rod found for the point of
longency,
SOUTH 6170'57" EAST a distance of 71 68 feet to the POW OF' BEGINNING;
CONTAINING within these metes and bounds 4 1,31 acres or f79,928 square feet of land,
-more or foss.
i
i
IRACr 3
BEGINNING of a 111 inch kon red found for the southwest corner of sold tot 28;
THENCE NORTH 0179'48` KST o distance of 1.1985 feet to 0 t/2 inch krin rod found
fryr the northwest corner of s?id 4 1ot 28 Ord being lorafed in the gauthPNy r;ghl-af- ~
a
Southridge East Phase
Cabinet 0, Poe 315
(PROS T~ y,~tA A f J
Zoned: SF-f0 /
810cb 36
~ a
4 k a4 i
4.461
1 % A / \1y~L 341 r
"f - \ Bloc
r ~r
A l O~ X 70 41(71,1 F
^ JI \ Uy~ Yin. . fF i
W & 4 C ,
,~1 5 DkUE__
s o
J
oil T-1 1 V
T r °
• Lr 36' Slam •.a•r E~
CATEWOOD DRIVE 2n~ (50, ROW)-'R
OW) `J' 296 //1
- T'-8 (1D,726 S.F.Y
p 31 y ~
SoutAnEQe fast Phase 1 3 z6 `us . 4.
i Cabinet D, page 315 201 f/ d r,S
~
(PRDCr) C~ 03 0;
Zoned SF-10 27 (21,165 SF.)
TRACT 3 ` T-7 S. 47'54 W
0.939 ACRE 1 a
POINT OF
(40,893 S0. F7.) SM N1NC f!u lers Ride
TRACT 3 Ca t, lJg~5
oned: $F-16 S'
Scale 100' Checked By J. Kurtz 1i
Date October, 1993 P.0• J. Sondes
Techniclan T. KroU00 Flle OAKS-P
Drawn By t. Krausko Project No. 166004-93-50 No.
t
c
r 6 y. z
o~
M°= T- G
2
c \ / POINT Of
6
Sy r 5' \ c 0 BFGrNNINC
i ca TRACF 2
Of
t3n
I ~ p0
Souihridge Joint Venture
0 C„
.,r ti3 Zoned: PO-87
(15.513 SF.)/ 43 \ (20, S.F.) )
CT 2
f1CRES So_" fa1
PG. 000 F--~v /
OCT) 44eFS
(26,00) S F.) /
TRACT 2
4.131 ACRES
eD /
/ 0 79, 928 S0. F7,)
1
/ I
H?wr /
f
rnlet
/
1
Cijent.: MAVEX 9, Inc.
404 Leigh Court
_ Highland Village, Texas 75067
to RtiVISION _
I
r
SOUTH 28'49'03 *EST o distance of 8076 feet to a 112 inch iron rod found for W i
the most natherty corner of o corner cut-off i,ne; I
1 I
Along sold can,- "it-off line SOUTH 7349'03' NEST a distance of 12.?3 feet
to a 112 inch Iron rod found for rorner located in the northeasterly right-of-
way line of said Southridge Drive;
THENCE along the northeasterly right--of-woy line of said Southridge Drive as lo+ra~x E
i
NORTH 6110'57" NEST o distance of 5066 feet to 0 112 inch iron rod found for
the beginning of o curve to the right having a radius of 270.00 feet, a chord
bearing of North 4275'17' West and a chord length of 113.68 feet;
Continuing ciong said curve to the right through a central angle of 31'3121'
far on arc length, of 176.82 feet to a 518 inch iron rod set fa the point of j
tangency,
NORTH 23J9'35' HEST n distance of 78.10 feet to o 112 inch Iran rod found for
the beginning of o cun+e to the left having o rodius of 583.04 feet, a chord
bearing of Norfh 255646' West and a chord length of 46,52 feet; j
Conhnuing along said curve to the left through a central angle of 04J422'
fa on arc length of 46.53 feet to the POW OF BEGINNING;
CONTAINING within these metes and bounds 5.!65 acres or 224,966 square feet of land, I
more or less.
1
!I
E
(
OWNERS
TRACT 1 do 2 MAVEX 9, INC.
TRACT 3
LOT 29 RANDY FEUCHT CON<
LOT 28 WILLIAM HUTSELL
{
P
HN McGOWEN SURVEY ASST. No. 797 PRELIMINARY PLAT
SOUTHRIDOE OAKS
CITY OF DENTON
DENTON 'COUNTY, TEXAS R€PLAT OF LOTS 28 8 20t BLOCK 34 o
8OUTHRIDGE EAST PHASE I
lei
t
1
s I
way line of "fewood Urim (a 5U feet wloe rrght-or-wayh
THENCE along the southerly right-of-way Lne of said Gatewood Drier NORTH 88'40'08'
EAST a distance of 57.13 feet to a 1/2 inch iron rod found for corner located in the
easteriv right-of-way line of Lafayette Drive (a 50 feet wide rigi;t-of-way);
THENCE along the easterly righ'-of-woy lone of said Lafayette Drive NORTH 0170'36" M
WEST a distance of 5257 feet a 112 inch iron rod fou..d for the norfhwest cornea
of said Lot 29, Uj : s
.y
THENCE deporting the easterly right-of-way line of said Lo! 79 NORTH 88'39'24' EA5W o r°
a distance of 15J.87 feet to a 112 inch iron roo found for the northeost cor-ier of
said tot 29 and being located in the westerly line of said Tract 2,'
I
THENCE olonq the westerly fine of said Tract 2 SOUTH 0971'09' EAST a distance of
1660 feet to a 112 inch Iron rod found for corner;
THENCE deporting the westerly line of said Tract 2 SOUTH 11'42'25 W£Sr a distance
of 179.32 feet to a 112 inch iron rod found for corner iocoted iii the southerly Line
of said Tract 2;
i
THENCE SOUTH 88'4754' WEST a distance of 16,3,26 feet to a 1/2 inch iron rod found
for the most westerly southwest caner of said Tract 2 and bein(,r the southeast corner
of said tot 28 and the southeast comer of said Lot 28;
THENCE along the southerly corner of sold tot 28 SOUVI 88'40'2)' WEST a distance of
f 82.34 feet to the POINT OF BEGMNING:
ti
CONTAWNG within these metes and bounds 0.939 acre or 40,893 square feet of fond,
more or less.
c~!
PRELIMINARY PLAT FOR REIV7EW PURPOSE'S ONLY
PRELIMINARY PLAT
SOUTHRIDGE OAKS AND
,
REPLAT OF LOTS 28 & 299 BLOCK 36
SOUTHRIDGE EAST PHASE I
JOHN McGOWEN SURVEY ABSTRACT NUMBER 797
INC. CITY or DENTON
DENTON COUNTY, TEXAS
DEVELOPER; ENGINEER/SURVEYOR:
MAVEX 9, Inc. KurtnBediord Associates, Inc:
404 Leigh Court 4230 loosehill Rood, Suite L-8
Highland Yildge, Texas 75067 Garland, Texas 75043
(214) 318-1127 (214) 240-5949
Sheet:
- - Kurtz e Bedford -
t (A 30, Suite 6 - } { } 1- t -t--t -}--t- f-+J-t-f. f 1
1447 75043 - Associtit os jilt; -
i' 214) 140-5999 ' ! i -
f4) 240-4466 Of:
Condultlnyl Ensinioerm 4 Surveyors 1
d
CURVE DATA
CURVE 1 TANGENT 1 S 28449'3" W -
A =37'31 '21 "
R=270.00' T ANGENT 2 S 73449'3" W-
T=91.71'
L=176.82' TANGENT 3 N 81'10'57" N
CURVE 2 TANGENT 4 N 23'3935" R
A =4'34'22" '
R=583.04' TANGENT 5 S 81010'57' E
T=23.28'
L=48.52'
CURVE 3
A=30'18144"
R=767.741
T=205.25'
L=400.88
1
~ .CURVE 4 ~ .
A =19'56'52" ,
R=92, 001 THE ki
T=18.18' cabs
L=32.03'
Single
CURVE 5
A =19'58'51 "
R=108.00'
T=18.99'
L=37.80- r!
i
CURVE 6
-Z31016"
R=330.00'
T=7.26'
L=14.52'
BEGINNING P01
TRACT I j
I
i
~ Y
gAg
IS `
~r
J.W ERWIN 'AJHD]Vi>i0N
J W ER'VV),1,:,j'AJbLJI"I JIQN
0.78' r
2.73' N 89'23123" E r
60.88' 214.981
{
78.10 27
71.88 r~ cad S , , rm r~
b 26 I t
r
# z
SC/_[ t - 100
25
f
! ,F OF SOUTHRIDCE 2a
et D, Page 330 Cj
F--16 7_ o n i n q ft t V,: j/
i
N `19 Qj 23
1~0
00 GN k 22
.00
V
fNr
40
rv
.v ~ • n ~ ~ti. ,ti Q1~ il~,
4' Sidewalk
r,
4' Sidewalk
~q`
At4o
t
6
SOU
FIELD N
All that certain tract of land situated in the John McGowen Surve
a deed from Teri Taylor Companies, Inc. recorded in Volume 3417,
described as fa,ows:
BEGINNING at the north right-of-woy line of Southridge at the so
24' Drive Entrance In Cabinet D, Page 330, - lot Records of Denton County,
THENCE North 50'37'33" East with the east tine of Block A, a disl
THENCE North 35'07'33" East with the east line of Block A, a d;st
THENCE North 10'18'39" West with the east line of Block A, a dist
on the south line of Lot 8, Block One, J.W. Erwin Subdivision;
i
THENCE North 89'23'23" East with the south line of Lot 8, a distc
THENCE with a curve to the right, on the west line of Lillian Miller
13'39'42" west, an arc length of 400.88 feet;
THENCE South 28'49'03" West with the west right-of-woy of Ulliol
Private Access Drive THENCE with a curve to the right having a central angle of 19'56':
feet;
THENCE with a curve to the left, hoeing a central angle of 19'56'
feet;
THENCE South 28'49'03" West with the west line of Lillion Miller Pt
THENCE South 73'49'03" West with a flare in said right-of-way, a
1 - 5.165 ACRES THENCE North 61'10'57" West with the north line of Southridge DO
Median Opening THENCE with a curve to the right having a central angle of 37'31'
feet;
THENCE North 23'39'35" West with the north line of Southridge Dr!
THENCE with a curve to the left having a central angle of 4034'22
feet to the POINT OF BEGINNING and containing 5.165 acres of for
All that certain tract of land situated in the John McGowen Survel
a deed from Teri Toylor Companies, Inc. recorded in Volume 3417,
described as follows:
COMMENCING at the southernmost southeast corner of Lot 28, Bla
315, Plot Records of Denton County,
THENCE North ,55'19'08" East with the east line of flock 35, a d!
niENGE North 9'21"09" West with 1'ln eo3t line of Block 35, a dt.
,
THRIDGE OAKS !
TE DESCRIPTION 1
TRACT 1 ! j
Abstract 797, City and County of Denton, Texas and being all of Tract 1 as described in
',Page 0001, Real Property Records of Denton County, Texas and being more particularly
~theost corner of Lot 17, Block A, the Ridge of Southridge as shown by the plot recorded
I
,once of 343,55 feet to a point for corner; i
lance of 350.82 feet to a point for corner;
I 111
once of 191.65 feet to a point at the northeast corner of Lot 12, Block A, also being
3nce of 214.98 feet to a point on the west right--of-way of Lillian 'Adler Parkway,
Parkway, having a central angle of 30'18'44', a radius of 757.74 feet, a chord of south
I
{ Miller Parkway a distance of 511.79 feet; f
~2", a radius of 92.00 feet, a chord of south 38'47'33" west, an ore length of 32.03
1", o radius of 108.00 feet, a chord of south 38'47'33" west, an arc length of 37.60
~rkway a distance of 80.76 feel;
f I
distance of 12,73 feet to a point on the north right-of-way line of Southridge Drive;
~e a distance of 50.68 feet;
i1", a radius of 270.00 feet, a chord of north 42'25'16" west, an arc length of 176.82
eve o distance of 78.10 feet;
#FFF a radius of 583 04 feel, a chord of north 25'56'46" west, on are length of 46 52
id more or less.
TRACT 2
f, Abstract 797, City and County of Denton, Texas and being part of Tract 2 as described in
Paye 0001, Real Property Records of Denton County, Texas and being more particularly
j
ck 35, Southridge East Phase 1 Addition, as shown by plot recorded in Cabinet D, Page
{ I
1onct of 219.40 feet to the POINT OF BF:GiNNING;
{
ftance of 249.71 feet;
v i. A fa
8
Ezir
111 I:,~rn;7
yid
►I
66
45
GATEWOOD DRIVE E
(50' Row) • y1
- r A 0
29A 4 ' cv °
73 4' %
6.2
-6#60 w
BEGINNING POINT ~ S 884 TRACT 2&3 TRACT 3 - 0,330 ACRJl
12/09/93 1
3cele Checked By J tc _
Date Septe+nber 13+3 PC Jrfl
TechniclRn t ~,jus6n Pile r'DUwr _
D: e+rn }3y r f nws~~ Project No Ve•ier 9 a,rei N
i
Ming alk i~
41 r: 01 V J lurk
1
l/ .
`ia 4' Sidewalk
p~ 4'. i
0'~ 43 >y TRACT 2 - 4.131 ACRES
20' Private Drive
44 24' • Entrance Drive
Median Opening
NO FENCES SHA
/ DRAINAGE EASE]
~'7 ~y AND 24, 81.0 K'
DEVELOPMENT STANDARDS:
Total Acreoe
Land Use__ Sin 1e form
Nurriber of Lots V - 16
i Minimum Lot Area 150000 SgUpr
01 Minimum Lot Width _ 100 Feet
Minimum Front, Side and Rear Yards As Shown'.
Maximum Heigh of Buildings 2--1 2 Stone
/ Maximum Buildinq Coverage 35
Maximum Floor to Area Ratio I Not AppliCObl~
rF
client MAVEX g, Inc.
404 Leigh Court
Ifighland 'Village, Texos 75067
:t
t
THENCE North 55'07'48" East with the east line of Hock 35 , a C
THENCE North 57'51'43" Lost with the east line of Block 35, o dit ,
THENCE North 51'42'37" fast with the ea3t line of Block 35, a 6,,
THENCE North 37'28'25" East with the east line of Block 35, a di!
THENCE with a curve to the left on the south line of Southridge
59'55'19" east, an arc length of 1452 feet;
THENCE: South 61'10'57" East with the south line of Southridge Dr
THENCE South 28'49'03" West with the west right-- of-way of lillioi
1HENCE South 88'45'56" West a distance of 237 21 feet to the P1
i
I
All that certain tract of land situated in the John McGowen Surve;
a deed from Teri Toylor Companies, lnc recorded in Volume 3417,
described as follows.
BEGINNING at the southernmost southeast corner of Lot 28, Bloch
Plot Records of Denton County,
1HENCE North 35'19'08" East with the east line of Block 35, a di
THENCE South 11'42"25" East o distance of 179.32 feet;
i
THENCE South 88'45'56" We3t a distance of 163.26 feet to the
CROSS THE PROPOSED RENTS FOR LOTS 46, BLOCK 36
A.
iI
I
I
28' unllr
,~„Det4ched
I d,
L r I
Feet I
JOHN ~+IcGOYIEN SURVEY ASST. NO. 797 DETAIL PLAN ADD
CITY OF DENTON PD-$7
gENTON couriTY, TEXAS SOUTHRIDQE OAKS
stance of 156.41 feet; ~I 4
once of 169.58 feet, i
once of 20030 feel;
itance of 126.46 feet to a point in the south right--of-way of Southridge Drive;
(rive, having a central angle of 2'31'16", a radius of 330 feet, a chord of south
we a distance of 71,68 feet to a point in the west right-of-way of Lillian Miller Parkway, 4
1 Miller Parkway, a distance of 893.19 feet,
~NT OF BEGINNING and containing 4.461 acres of lond more or less.
i
i
TRAC r 3
Abstract 797, City and County of Denton, Texas and bung pai t of Tract 2 as described in
Page 0001, Real Property Records of Denton County, Texas and being more particularly
35, Soothridge East Phase 1 Addition, as Oown by plat recorded in Cabinet D, Page 315,
tonce of 219.40 feet,
INT Or BEGINNING and conto+ning 0.330 acres of land more or less. C
~P G
.a
EXISTING RIGHT-OF-WAY W
i
SAND ACCESS EASEMENT
EXISTING STREET
;F 20' ACCESS DRIYE,_~_ _ 2 1 7 1: W►.LK 2'
I I }
TYPICAL SECTION
ss I iIt arLf e 13ctd fe~i•d? 11` street:
I N 30, Swte o t I r t! I~+ t f t t 6'! 1 1- q I I 1
f, re~f19 1501! J { f1 E3~JUC`~ar11~ `R. Is7C' f ! !
(214J 240-5929
f 4} 740- 4466 of, 1
C"unsultlna ~"nyflneer• • Hutveyur•
i