HomeMy WebLinkAbout02-20-1996 {
'v
q
i
I
CITY COUNCIL AGENDA PACKET
February 20, 1996
r
i
}
AWds 1W ' 0
AGENDA Awds r M
CITY OF DENTON CITY COUNCIL 090
February 20, 1996
Closed Meeting of the City of Denton City Council on Tuesclay,
February 20, 1996 at 5:45 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLF.
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Consider performance evaluation and pay adjustment
for the Acting City Manager
Regular Meeting of the City of Dentoon City Council on Tuesday,
February 20, 1996 at 7:00 p.m, in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considered:
1. Pledge of Allegiance
2. Consider approval of the minutes of October 10, 1995 and
October 17, 1995.
3. Citizen Reports
A. Receive a citizen report from Willie Hudspeth regarding
the meeting times of the City's Boards and Commissions.
B. Receive a citizen report from Joe Dodd regarding public
input to Council meetings.
C. Receive a citizen report from Dessie Goodson regarding a
general discussion of the City.
4. Consider approval of a Resolution of Appreciation supporting
the Denton County Sesquicentennial and Denton County
Courthouse Centennial.
5. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance to rezone 10.994 acres to a Multi-Family-One
(MF-1) zoning district from the General Retail (GR)
district. The site, known as Mack Park Apartments, is
located on the east side of Audra Lane, approximately 500
ft. north of McKinney St. (The Planning & zoning
commission recommends approval 6-0.)
l
City of Denton City Council Agenda a:andi1~o.1
February 20, 1996 A^3n;l i'e❑
Page 2
B. Hold a public hearing and consider adoption of an
ordinance rezoning 1.12 acres from the Agricultural (A)
zoning district and use classification to the Office
conditioned (O(c)) zoning district and use
classification, and rezoning 0.38 acres from the
Agricultural (A) zoning district and use classification
to the Single Family 10 (SF-10) zoning district and use
classification. The subject property is located on the
west side of Bonnie Brae, approximately 2,200 feet south
of I-35E. (The Planning and Zoning commission recommends
6-0.)
6. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda 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 purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 7.A,
7.B1 7.C, 7.D). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to
approval of the Consent Agenda. Upon the receipt of a "request co
speak" form from a citizen regarding an item on the Consent Agenda,
the item shall be removed and be considered before approval of the
Consent Agenda.
A. Bids and Purchase orders:
1. Bid 1805 - Cement Lime & Aggregate (Re-award of
Bulk Cement)
2. Bid 1852 - Tractor 90 HP 4WD
3. Bid , 1853 - Used Telescopic Boom Excavator
4. Bid # IV54 - Pneumatic Tired Roller
5. Bid 1 1160 - Truck Beds & Bodies
6. Bid 1 1861 - Skid Steer Loader
7. Bid 1 1862 - Rubber Track Excavator
8. Bid 1 1863 - Hydraulic Excavator
9. Bid 1 1866 - Water Treatment Chemicals
10. Bid 1 1867 - Teasley Landscape Nursery stock
11. Check Requisition - Upper Trinity Regional Water
District
12. P. 0. 160177 - Ash Properties
13. P. 0. 163088 - AIS Continental - Repair of Rubber
Tire Loader
B. Tax Refunds
1. Gelco Corporation, $753.52
2. First American Title Company for Robert Middle,
$617.94
3. T & B Prop. Ltd. P/S1 $926.51
4. Tonsi P. Miller-Manns, $645.68
r
City of Denton City Council Agenda
February 20, 1996
Page 3 osla
7. Consent Agenda Ordinances
A. Consider adoption of an ordinance amending ordinance No.
95-125 relating to the award of Bid Number 1805 for the
purchase of cement, lime, and aggregate. (6.A.1. - Bid
11805)
B. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (6.A.2. - Bid 018520
6.A.3. - Bid ,11853, 6.A.4. - Bid 11854, 6.A.5. - Bid
11860, 6.A.6. - Bid 11861, 6.A.7. - Bid 01862, 6.A.8. -
Bid 11863, 6.A.9 - Bid 11866, 6.A.10 - Bid 018670 6.A.11.
- Upper Trinity Regional Water District.
C. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (6.A.12. - P. 0. #60177)
D. 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. (6.A.13. - P. 0.
163088)
8. Ordinances
A. Consider approval of an ordinance approving amendment
Number 3 to the agreement between the City of Denton and
HDR Engineering, Inc. for professional engineering
services.
B. Consider approval of an ordinance authorizing the Mayor
to approve the Water Main Participation Agreement between
the City of Denton and Lodge Construction Company Inc.
C. Consider adoption of an ordinance authorizing the Mayor
to execute an interlocal agreement between the City of
Denton and the Upper Trinity Regional Water District for
the use of former Missouri Pacific Railroad right-of-way
for operation and maintenance of a wastewater line.
D. Consider adoption of an ordinance amending Ordinance 95-
180 changing the SR and SRW rates for residential
wastewater service to establish a new weighted average
methodology for determining residential wastewater rates,
and to establish a separate procedure for determining
residential wastewater rates, applicable only to the
months of December 95, January 96 and February 96. (The
Public Utilities Board recommends approval.)
E. Consider adoption of an ordinance naming certain property
within the City of Denton, Owsley Neighborhood Park.
{
t
F
City of Denton City Council Agenda February 20, 1996 Page 4 F. Consider adoption of an ordinance amending ordinance No.
Em
94-183 relating to the Rules of Procedure of the City
Council of the City of Denton, Texas, by providing that
every member of the City Council will have at least one
opportunity to speak on each item before the City
Council.
9. Resolutions
A. Consider approval of a resolution authorizing the City
Manager to request reimbursement pursuant to the Public
Transportation Contract with the Texas Department of
Transportation.
30. Consider appointments to the Diversity Task Force.
11. Vision Update
12. Update from Municipal Judge.
13. Miscellaneous matters from the City manager.
14. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
15. New Business
This item provides a section for Council Members to suggest
items for future agendas.
16. Possible Continuation of Closed Meeting:
A. Legal Matters Uader TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1996 at o'clock (a.m.)
(P.m.) -
CITY SECRETARY
I
r
S
~f
r
i
Aa nda flo.
City of Denton City Council Agenda
February 20, 1995
Page 5 i v2D -f~ J
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 rFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR ':HE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO02EA
i
N0... DD
wds Rem
CITY OF DENTON CITY COUNCIL MINUTE AAQend~
October 10, 1995 Day _
The council convened in:o a Closed Meeting on Tue ,
1995 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, and
Miller.
ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young
1. The Council discussed the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discussed settlement and defense of contemplated
litigation concerning the denial to rezone 3.753
acres from SF-7 to O zoning on the south side of
I35-E and Lindsey Street.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Discussed, considered, deliberated, and took action
on the recruitment, employment, and appointment of
an interim or temporary municipal judge, an
associate judge and a new municipal judge.
Mayor Pro Tem Biles and Council Members Krueger and Young arrived
during the Closed Meeting.
The Council convened into a Work Session on Tuesday, October 10,
1995 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council received a report from the sesquicentennial
Committee.
Margaret Smith, Chair-Sesquicentennial Committee, stated that last
spring and summer the Council appointed a committee totaling 41
individuals to work on the project and help manage the City's
celebration for the County's Sesquicentennial and Court House's
Centennial. A parade and picnic were planned for the event to be
held April 15, 1996. Invitations would be sent to high school
bands and universities and anyone in the County who wanted to
participate in the parade. Carol Ann Ganzer was managing the
parade. The Governor, Senators and Representatives from the area
would be invited to participate. The picnic at the Civic Center
Park would be a bring-your-own lunch or visit food booths available
from 501(c)3 groups only. Entertainment would be planned for the
entire afternoon. The Committee was requesting funding for the
event. As there were many mailings involved along with a brochure
for mailing and the Committee would like to have souvenirs to
City of Denton City Council Minutes AQVd3No -rOOd
October 100 1995 3Z'
2 A~enl3l;:m
Page _
commemorate the event, the Committee was requesting Council
consider allocating $10,000 for this event. The Committee might
not need that much money but would like to be able to budget for
that amount.
Council Member Young asked if the Committee considered a social for
the evening in the Civic Center Park.
Smith stated that they had a discussion regarding a children's
event to get children and families involved before the event.
Council Member Young stated that socials were a part of the history
of the Country.
Smith stated that the Committee would consider the request. The
Committee also needed money for a series of short commercials
advertising the event. The events of the day would be filmed for
the Historical Museum and for the Library.
Krueger motioned, Young seconded to direct to staff to take the
funds from the City Manager's contingency fund for this event.
Council Member Cott felt that private investment should contribute
to the event.
Council Member Young suggested a time capsule for the event.
Smith felt that was an excellent idea and that the Committee would
consider that suggestion.
Council Member Brock felt that some private money would be
appropriate to supplement the City's money. She also suggested
having the Courthouse featured on a morning television program.
Smith felt that there would be in-kind services from the private
sector and possibly some monetary contributions.
I
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
2. The Council received a report, held a discussion and gave
staff direction regarding the request from Teri Woods concerning a
private access easement.
Rick Svehla, Deputy City Manager, stated that at a prior meeting
Ms. Woods had addressed Council regarding a private access
easement. Staff had researched the number of these types of
easements in the City. For a number of years, the focus on
development was to go away from rear entry alleys and to go in this
direction if rear access was desired. In
several cases, access was not already there, even in the alleys,
and the City chose not to open those but to have them remain
closed. Ms. Woods asked the City to accept the responsibility of
the easement. The easement was in good shape as it was concrete
City of Denton city council Minutes
October 10, 1995 rOca.~ Ha. OQ
Page 3
and continued to be in fairly good shape. At some point in me
the City would have to replace the paving which would cost
approximately $18-20,000. This was built as driveway access to
certain residences. Other residents had similar costs. There were
other privately platted and privately formed access arrangements in
the City with approximately 8-10 subdivisions in the City with such
arrangements. Additional requests might be received from
homeowners if council assumed responsibility for this easement.
Staff felt that since the original thought was for private access
and there was to have been a homeowners' association formed, staff
could help the residents but the City should not assume the
responsibility of the easement.
Council Member Miller asked if alleyways were easements owned by
the City.
Svehla replied that an alleyway was a dedicated access rear entry
which was maintained by the City.
Council Member Cott felt that providing services which were private
responsibilities kept taxes up.
Teri Woods stated that the homeowners property line ended at their
garage with a 16' easement in the deed. Research for the Cooper
Glen project found that 4' of the property encroached on that 16'.
The easement was built as a homeowner's association to assume the
responsibility for the easement which never developed. This was an
impossible situation for the present homeowners. Property taxes
were paid by the homeowners which would offset the cost of the
easement in the future. She asked the city to accept this as a
unique situation.
Mayor Pro Tem Biles asked who owned the land under the alley. when
the developer platted and created the lots, he either did not
convey that property to anyone or conveyed it to each of the
homeowners.
Woods rep?ied that the developer dedicated to the homeowners this
easement with the idea that there would be a homeowner's
association but nothing was ever established.
Council Member Young felt that the City should honor this request
for fire, police and emergency services. He felt that the City
should take the responsibility and honor Ms. Woods' request and all
others which wanted to be dedicated to the City.
Young motioned to honor Ms. Woods' request and all others with
alleys which wanted to have City responsibility.
Woods stated that the City would not be setting a precedent as this
was the only type of property like this in the City without a
homeowners' association.
Motion died for lack of a second.
i
City of Denton City Council Minutes r.~cr.-~co. d
October 10, 1995 ,;:r.d3 Fm
Page 4 0r: - o - yi:~
Council Member Krueger felt that Ms. Woods' request was one of a
kind and that there was not another subdivision in the city like
this condition.
Krueger motioned, Young seconded to have the City take over this
easement.
Council Member Cott felt that even if this was the only easement of
this type in the City, it was not the kind of activity a city
government should get involved with.
' Council Member Miller stated that when this was approved by the
Planning and Zoning Commission and Council the intent was for a
homeowners' association to take the responsibility of the easement
which did not develop. He felt that the residents would find a way
to maintain the area.
Mayor Pro Tem Biles asked for more information regarding the
situation and other similar situations.
Mayor Castleberry felt that this was not a unique situation and
that there were probably other similar types in the City.
Council Member Krueger stated that this was a neighborhood which
worked with a developer rather than against a developer. Upon
working with the developer, this situation was discovered. He felt
that this was what a city should do and should grant the request.
Council Member Young stated that this was a responsibility of the
City. All other City alleyways were regulated by the City. The
city needed to accept this responsibility and should honor the
request.
On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye",
Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion
failed with a 2-5 vote.
Mayor Pro Tem Biles motion to direct staff to bring back further
information on this and similar areas to determine what the City
might be able to do for the residents.
Mayor Castleberry stated that a motion was not needed for such a
request.
3. The Council viewed a Denton 195 public information video.
Mayor Castleberry presented a proclamation for Quality Month.
Council viewed the Quality Denton 195 public information video.
Council Member Krueger left the meeting.
4. The Council received a report, held a discussion and gave
staff direction regarding an assessment of the After School Action
site program.
City of Denton City Council Minutes
Page 10, 1995
Pag
City Manager Harrell stated that this item was raised during the
budget discussions and Council decided to consider this item after
the conclusion of the budget. Council had asked for a
comprehensive review of the current After School Action Site
program and an evaluation of the continued usefulness of the City
effort.
Council Member Krueger returned to meeting.
Ed Hodney, Director of Parks and Recreation, stated that staff was
asking for more direction regarding the issue. He provided a brief
summary of the project including its objectives. The program
started in 1981 at one site and expanded, not at the initiative of
the City, but at the request of various parents and the Denton
School District. At that time there was a void not being filled.
The question probably was that the void existed in 1981 but did it
still exist today. The program was licensed by the State of Texas
to operate at 10 sites with up to 450 children. That would be 450
children in grades K-6 in a School District which had 6,OOo
students in those grades. That was less than 7% of the total
market. Staff was asking Council to consider the question of the
City's appropriateness of this role and believed that it was a
Council policy decision to make regarding the issue.
Mayor Pro Tem Biles stated that at the present time the School
District allowed the use of the buildings at no charge and the fee
generated as paid by the participants covered the operating costs,
staff, supplies, etc.
Hodney replied correct.
Mayor Pro Tem Biles asked if the DISD would be willing to enter
into the same arrangement with private sector providers with the
same terms.
Janet Simpson, Superintendent of Leisure services, stated that the
City had not asked the DISD that question as it was felt that it
might be premature considering the direction to be given from
Council.
Mayor Pro Tem Biles stated that if the program was discontinued,
the city would lose $12,290 which was the return the Parks
Department made to the General Fund.
Simpson replied correct.
Mayor Pro Tem Biles stated if the premise were proposed that the
same service could be provided at the same or lower cost by the
private sector coupled with the concern for the need to form
another City committee, etc., would it not be wise to place the
ball in the court of the private sector and let them do the legwork
with the DISD.
Hodney replied that could be an option to consider. One concern in
that type of process was to pay attention to the customers
l
City of Denton city council minutes
October 10, 1995
Page 6 npena3 Ilo.
currently enrolled in the program.
Mayor Pro Tem Biles stated that if the private sector providers did
the initial work with the DISD and DISD opened the process for bid,
that would be the point in time for staff to move forward with the
issue. City staff would not do anything until then.
Hodney felt that the door was always open for any private provider
to discuss this option with the DISD. When the point was reached
in the process when possible options were considered, then he would
want to make sure the customers were made aware of that process.
Mayor Pro Tem. Biles felt that the entity which had the greatest
involvement in this issue was the DISD as it was providing the
assets. Before the City became involved ;.i this issue it should
know how the DISD felt about the prccess. The private sector
should take the initial step on the issue. The DISD might want tc
go to competitive bid and before a final decision was made, the
parents would be asked what they wanted to do.
Council Member Cott felt that the issue had almost relatively
little to do with the students and parents who used it. The
situation dealt with whether or not the taxpayers wanted to
continue to pay for this service. Whether in the schools or not,
the private provider had to have an option to bid on tr„ s. This
was never intended to be a day care.
Council Member Young stated that discontinuing the program would
have no impact on the General Fund.
Hodney stated that there would be a small impact if the program was
discontinued as the General Fund received $12,000 from the program.
Simpson replied that the Recreation Fund budget was developed to
cover the cost of programs. The City was impacted with finance,
accounting and other fees so that 5% was returned to the General
Fund which was approximately $12,000.
Council Member Young stated that this program had been going on for
thirteen years, was a great success and was not something brand new
in the community. Many children in his district benefited from the
program. Even if the program was not intended to be a day care it
was a win-win situation and he could not see destroying this
program. He was in support of the program as it had been for the
last 13 years. This was a service the City helped provide to its
citizens and did not cost the City any money.
Young motioned, Miller seconded to continue the current program.
Council Member Brock stated that this program was not subsidized by
the taxpayers. The program was not to make money but to provide a
service which was needed by the community. The program involved
children and parents and she would not want to go any further until
people who might be affected by a change had input into the
process. She was concerned with the implication that this would be
7~cl
City of Denton City Council Minutes h'"'i1
October f0
r 10, 1995
Page 7
a ~.ovo ez
taken over privately as one reason the program was started was that
there were children who were not being adequately cared for after
school as parents could not afford private day care. Many parents
wanted to have a say on this matter. This was a pro-family program
and a benefit to many families.
Council Member Krueger stated that he was a user of the service and
had used the service due to the fact that it was convenient and
cheaper than private day care. It was a good program but the fact
was that it was provided cheaper than private day care. It was
cheaper as it was rent free, utility free and minimum wage was paid
to college students to babysit children in a DISD facility. There
were good enrichment programs for the students in the program but
there was not a day care private provider who could not reproduce
the program for the exact fee or less given the same circumstances.
This was the philosophical approach which the Council needed to
debate. Did the city want to be in direct competition with private
enterprise. He had asked for this report as it was his feeling
that the City should not be In direct competition with private
enterprise. He felt some sort of agreement could be reached with
day care providers to provide the same service and pay taxes to do
that. The City was cutting into private day care profits and their
ability to pay taxes. He was not in favor of the program as it was
in direct competition with private enterprise.
Council Member Miller felt that the philosophical question could go
to two extremes. There was a role for government to be involved
and concerned with the lives of children. Over a period of time
the City developed a partnership with the school system. Over the
13 years this was a program with excellent marks with the parents
with children in the program being very supportive. The program
was done at the location where the child went to school who could
then spFr.3 time with some of the teachers after school. A survey
was done severa' years ago in which parents requested more
enrichment programs. The City had a number of programs in the
Parks and Recreation Department which philosophically could be in
competition with the private sector such as soccer, arts and
crafts, baseball and basketball programs. The programs were
offered on a city-wide basis to be able to help the citizens
provide development for their children. This program was not being
done with taxpayer dollars but rather with funds provided by
parents. He did not feel this was in direct competition with the
day care providers and that the City belonged in this type of
program.
Council Member Young felt that perhaps the DISD was also competing
with private industry. Anyone against this program was against
motherhood.
Mayor Pro Tem Biles felt that the program was not being paid for by
taxpayers' dollars and was contributing $12,000 to the General
Fund. If someone wanted to find out about the private sector
providing the service, let them do legwork. Do not form another
committee if there are others who wanted to pursue this activity.
City of Denton City Council Minutes - n."-
October 10, 1995
Page S
L, _
Council Member Brock stated that the motion was to continue J
program. The program could continue and still gather information
concerning the private sector. If that information was gathered,
she wanted it gathered by the people most involved which was
parents and children.
Council Member Krueger stated that the sports programs were done by
private organizations in relationship with the City. The programs
were handled by parent groups and parent organizations. The City's
relationship with the DISD was not about day care centers. It was
about building playgrounds and easing building restrictions on new
schools and easing landscaping ordinances for new schools. Any
private day care provider could do the same service as the city was
doing. This was about allowing any private organization to do the
same program.
Mayor Castleberry felt that the private sector sho,ild come forth
with a proposal before the City devoted any more staff time on the
issue. The private sector might not be able to handle a large
influx of children. The private sector needed to indicate how they
would handle these children and how they would handle scholarship
children.
Mayor Castleberry indicated that the motion was to continue the
After School Action Site program for another year. On roll vote,
Miller "aye", Young "aye", -ott "nay", Krueger "nay", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-
2 vote.
Mayor Pro Tem Biles motioned to direct staff to seek the input from
the private sector on this issue.
Council Member Brock suggested to include a public hearing so that
parents involved in the program and any other interested citizens
could address the issue.
Mayor Pro Tem Biles stated that before any change would be made, it
would have to be adopted by Council with a public hearing. He was
asking staff to have private day care providers connect with the
DISD if interested. He indicated that he would include Council
Member Brock's suggestion in his motion.
Council Member Young seconded the motion.
Council Member Cott suggested adding that private providers be
involved in the process and have the process completed by a certain
date.
Mayor Pro Tem Biles indicated a date of April 1, 1996.
Mayor Castleberry stated that the motion was to ask the private
sector to come forth with a proposal and to hold a public hearing
to be completed around April 1, 1996.
City of Denton City Council Minutes a0ceda No. r
October 10, 1995 4~S
Page 9 0l:_ 4
On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
5. The Council received information and gave staff direction
regarding extraterritorial jurisdiction annexations.
R
attempt ick Svehla, Deputy City Marager, stated that this item was an
to
session inJuly complete
Staff discussions ito confirm that Council did not briefing
to move forward with annexations to the north. Also, the City
recently received many requests for variances in the City's ETJ.
Staff would continue with performance regulations if Council did
not want to annex any further.
Council Member Cott stated that two years ago the concept was
started to annex to the north and eventually to encompass Lake Ray
Roberts. He felt that was a good plan.
Council Member Young stated session, the residents in he area that
indicated that they since the Council s plain
to be annexed.
Mayor Castleberry felt it was very important to have all of Lake
Ray Roberts in the City's ETJ. In order to do that, the City had
to annex property north. It was important for control over
development in the area. Lake Ray Roberts was a vital part of the
City of Denton with Denton having a large investment in it. He was
not interested in looking at the annexations unless the Council was
willing to proceed.
Mayor Pro Tem Biles stated that he was also concerned about
controlling the City's future. He felt this might be an issue to
take up at a later date.
Council Member Miller stated that the City's ETJ already had a
large portion of the lower portion of the Lake. There was a need
to take into account that the City would have to provide services
in the annexed areas. He could not give a blanket approval to such
a proposal.
Council Member Cott suggested developing a plan and determine a
cost for that plan.
Council Member Brock expressed concerned about possible obligations
the City might have for emergency services in the area of the Lake.
In the future the City might have similar problems such as were at
Lake Lewisville. Before any further annexations were done in that
area, the City needed to be clear about requirements in the ETJ.
Council Member Young felt that to annex that area now would be
taxation without representation. City services were spread too
thin at this time.
City of Denton City Council Minutes
October 10, 1995
Page 10
0[t: olQ
Council Member Krueger felt that area cities did not want Denton in
the Lake area. There were committees which would protect the Lake.
Mayor Castleberry stated that he was interested in only annexing
enough property to have the Lake in Denton's ETJ.
Following the completion of the Work Session, the Council convened
into a Special Called Meeting in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council discussed, considered, deliberated, and took
action on the recruitment, employment, and appointment of an
interim or temporary municipal judge, an associate judge and a new
municipal judge.
Herb Prouty, City Attorney stated that the law which authorized the
Denton Municipal Court indicated how vacancies were to be filled.
The Open Meetings Act allowed the Council to convene into a Closed
Meeting to discuss specific candidates for Municipal Judge or
Temporary Assistant Municipal Judge and those individual's
qualifications. But the Council could not discuss procedures or
reports with regard to how the Municipal Court operated.
The Council convened into a Closed Meeting.
2. Following the completion of the Closed Meeting, the Council
convened into open session and took the following action:
Biles motioned, Young seconded to nominate Robin Ramsay as Acting
Municipal Judge to act in the interim and perform the duties of
Municipal Judge. He would serve in that capacity according to the
statutory requirement that Council fill the vacancy created by the
resignation of Judge White. On roll vote, Miller Faye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council returned to Special Session Item 11.
1. The Council discussed, considered, deliberated, and took.
action on the recruitment, employment, and appointment of an
interim or temporary municipal judge, an associate judge and a new
municipal judge.
City Attorney Prouty suggested drafting a new contract for the
interim period for Acting Judge Ramsay.
Tom Klinck, D..rector of Human Resources, provided the Council with
a job opportunity announcement for council's review. In order to
advertise in several publications for November and December, an
October 15th deadline had to be met. The job would be closed on
December 29th and the Human Resources staff would do the same
a
City of Denton City Council Minutes
October 10, 1995 Aoend3 flo.
Page 11
A~enO I:en
Oct...
screening process as it had done with other similar vacancies. The
job announcement provided for a hiring range between $46-57,000.
His staff would coordinate with the City Attorney's office for job
duties and minimum qualifications.
Council Member Miller asked if a lower range could be used for the
posting notice such as setting the maximum salary at $55,000 at
this point in time.
Mayor Castleberry asked for the salary range of the job.
Klinck stated that the range was $46,384-57,990 which was the
typical range but could be lower if Council felt it was
appropriate.
j Council Member Miller felt that perhaps the upper limit should be
lowered at this time as the City would be well within the market of
other area cities if the amount were lowered.
Council Member Young disagreed as the City needed to start with
market value.
Cott motioned, Biles seconded to have $46,384 be the low point of
the salary range and $57,990 would be the high point of the salary.
On roll vote, Miller "nay", Young "nay", Cott "aye", Krueger "nay",
Brock "nay~t, Biles "aye", and Mayor Castleberry "aye". Motion
failed with a 3-4 vote.
Brock motioned, Krueger seconded to have the top salary range be
$55,000 and the low salary range be $46,384. On roll vote, Miller
"aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles
aye", and Mayor Castleberry "aye". Motion carried with a 6-1
vote.
Biles motioned, Krueger seconded to proceed with the publication
notice as presented. On roll vote, Miller "aye", Young "nay", Cott
"aye", Krueger 'laye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried with a 6-1 vote.
With no further business, the meeting was adjourned at 9:25 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC002C3
f
V
CITY OF DENTON CITY COUNCIL MINU ES
October 17, 1995 -44
The Council convened into a Closed Meeting on Tu ✓y~o
1995 at 5:45 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discussed settlement and defense of contemplated
litigation concerning the denial to rezone 3.853
acres from SF-7 to Office zoning on the south side
of I35-E and Lindsey Street.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under `:EX. GOVT CODE
Sec. 551.074
i
1. Discussed the appointment
time Assistant Municipal Judge employment
in aduring
vacancies of the Acting Municipal Judge.(Open
meeting discussion and took action)
The Council convened into a Regular Meeting on Tuesday, October 17,
1995 at 7:00 p.m. in the Council Chambers,
PRESENT: Mayor Castleberry; Council Members Brock, Cott, and
Miller.
ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented the following proclamation:
Pharmacy Week
Mayor Pro Tem Biles and Council Members Krueger and Young joined
the meeting.
Mayor Castleberry presented the following proclamations:
Domestic Violence Awareness Month
Keep Denton Beautiful Adopt-A-Spot Month
2. The Council considered approval of the minutes of July 21-22,
1995 and July 25, 1995.
Cott motioned, Brock seconded to approve the minutes as presented.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
_J
u
City of Denton City Council Minutes
October 17, 1995
=a Page 2
472n0 Il.ry~.p C~
Brock "aye", Biles "aye's, and Mayor Castleberry "aye'f. Motion
carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Carl Williams
regarding a Racial Diversity Task Force and a Citizens Police
Review Board.
Mr. Williams stated that the Denton Record Chronicle chose to
negatively report about African-American men as a group regarding
an incident which occurred at 12:30 a.m. on Sunday. Monday's
paper, with an article about a person who was really shot, was on
the front page. He felt there was a need for a Racial Diversity
Advisory Committee and the Denton county branch of the National
Association for the Advancement of Colored People was requesting
that the Council reconsider such a committee. A comparison of the
salary for the Director of Fiscal operations with his peers
indicated that his salary was not on par. The City Council allowed
the City Manager to commit an covert racist act in which one set of
criteria was used which was negative to one group and then another
set of criteria was used for another group. Good business and
progress come to cities with racial harmony. A Racial Diversity
Committee could deal with Klan rallies, etc. for the City. The
citizens of Denton were tired of the council settling civil rights
lawsuits in secret.
B. The Council received a citizen report from Herman Wesley
regarding a Racial Diversity Task Force.
Mr. Wesley asked the council to reconsider the implementation of a
Racial Diversity Task Force. A DISD Task Force found areas to
correct with positive results. He was asking to be able to discuss
the policies and practices of the City to make sure that they were
fair. The Task Force would look at the issues to see if there was
room for improvement. He did not want to wait until something
dramatic happened in order to review the issues and wanted an
opportunity to explore together the issues. It took honesty and
courage to look at this issue.
Joe Dodd stated that the ugliest vestige of racism was how many
people thought was in places which it was not. Sometimes there had
been enough talk and he felt that there had been enough in Denton.
If this Task Force was put together it indicated that there was a
problem and that the Task Force would be looking for problems. He
did not like cultural diversity being handled by the government.
If things were going wrong in the Police Department, and he did not
feel so, there needed to be specific charges against the
Department. Racism was not here institutionally. If the Task
Force was established, the Committee would be adding to the
problems.
Council Member Cott stated that the City had much in place to deal
with this issue. The City's policies and practices on hiring,
- -
City of Denton City Council Minutes
October 17, 1995 kpv 3 po -
Page 3 t,'"n I r. n TZ:_ _
promotions, pay and other aspects of the employment relationship
were in full compliance with all a
and
local laws and regulations. Some ofplhe bprote tedlclasses for
applicants and employees included race, color, creed, national
origin, gender, age over 40 years, disability status and veteran's
status. There were regular reports on a full range of protected
classes. In addition, the City had implemented additional programs
and activities to ensure the policies and practices were carrying
out the spirit of the laws and regulations. Examples included
diversity training for all employees; targeted recruitment efforts
at predominately protected-class universities, colleges and
schools; a diversity community luncheon; job partnership training
programs; and affirmative action mailing lists to over 100
organizations. He felt that the quality of life in Denton was due
to the City staff, fire and police force and he was proud of the
work which they did.
Council Member Young stated that the Fire Department had no Afro-
Americans; there were two Afro-Americans in the Electric
Department; there was one Afro-American in the Police Department;
there were two Afro-Americans in the Parks Department who were at
the Martin Luther King, Jr. Center. When the City was hiring
firemen, there were some Afro-Americans with degrees who had
applied but then the system was changed. Once it was seen that
there were Afro-Americans h13;i on the eligibility list, the system
was changed to keep them off. That closed the door on Afro-
Americans for that department. That was one act of racism. The
legislative body changed the rules when Afro-Anericans made high
enough scores which was an act of racism. All through the City
Afro-Americans were the lowest paid employees They were skipped
over for promotions and were discriminated against. This proposed
committee would be made up of diverse citizens of Denton who would
look at this issue in an educated manner to determine the city's
weaknesses and strengths. There were racial problems in Denton and
ignore the Council chose to those problems.
put this committee together and satisfy theneeds eof the community.
Council Member Brock stated that the Council voted to pose
consideration of the committee but that did not mean thatt~itnwasha
dead issue Some of the things which council Menber Young had been
saying pointed out the value of having an objective study
committee, not to just consider hiring and promotion policies of
the City but perhaps to deal with community-wide racial issues.
Council Member Krueger left the meeting.
Council Member Brock continued that the hiring policy for hiring
firefighters was changed temporarily as there was so much pressure
to increase the firefighting force right away and to open Central
Fire Station. Accepting only certified firefighters meant that the
extra firefighters would be hired earlier. The City Council never
saw the lists of those eligible for Civil Service. This was a very
complex system b?cause of Civil Service. One of the issues to ask
a candidate for City Manager would be his/her attitudes and
City of Denton City Council Minutes ;;nra 11
October 17, 1995
Page 4
practices regarding such an issue. After the arrival of a new City
Manager, a report could be generated. The City Manager could work
with a committee to take a broad view of this inter-racial and
inter-cultural issue.
Council Member Young stated that the rush to change the system was
to not. allow Afro-Americans into the Denton Fire Department. This
was a smoke screen to keep Afro-Americans off the Fire Department.
This decision was made before he came on the Council.
Council Member Krueger returned to the meeting.
Council Member Miller stated that the decision to require certified
fire fighters came after this Council was seated and after they had
decided to reopen Central Station. There was no valid eligibility
list out at that point in time. Many of the issues relative to
fire fighters and police officers dealt with the Civil Service laws
of the State of Texas. There were court cases where cities had
hired incorrectly from the an eligibility list and were found to be
in violation of the Civil Service laws.
Mayor Pro Tem Biles stated that staff had provided Council with
very interesting statistics. The employable work force of Denton
County was comprised of 4.66% African-Americans. The City of
Denton employed over 6.5% African-Americans. Out of the Denton
County employable work force, almost 6.5% were Hispanic. The City
of Denton work force was almost 8.5% Hispanic. These numbers
indicated that the City of Denton work force exceeded what the
Denton County employable work force was. With the exception of the
Fire Department, the City exceeded the like percentages of
Hispanics and African-Americans in its various departments. He
agreed that there was no harm when people speak with calm voices to
exchange opinions rather than yelling across the room at people.
It helped when people spoke calmly and listened to what others had
to say. The committee was going to take place but the timing
needed to be done correctly. The Human Resources Department would
be very taxed in the next few months and there were not enough
hours to undertake this task force at this point in time. There
was a specific date when the committee would be started and it had
a specific criteria and assignment.
Council Member Young stated it was fine if it was understood that
the committee would be done and he could wait until January. From
what he had heard at this meeting, it appeared that there was a
need to prove that this committee was needed.
City Manager Harrell stated that Council Member Miller had stated
the correct sequence of events that led the staff to come to the
Council with a recommendation for a change in the selection process
for certified fire fighters. The eligibility list was going to
expire and it would have been necessary to create another. If the
old procedure would have been kept in place, a new test would have
had to been given and then the fire recruits would have had to been
sent to fire fighter and paramedic school which would have delayed
r
J
City of Denton City Council Minutes
Cctober 17, 1995 aoenaarro.~ p~
Page 5 Acenc'a Ivan
their active duty for nine months. The Council was very clear that
they wanted to increase the fire fighting force as quickly as
possible. The only way to do that was to change the selection
process. That procedure was fully discussed with the city Council
and the Council did not object to that change in criteria. It was
not done to keep any group off the fire force. Three weeks ago the
Council received reports from two department heads which were in
different formats. Council Member Krueger expressed confusion on
the cost data presented. There was no effort to deceive the
Council or present misleading information.
newspaper stated that the cost factor for doinAn edial in the
g acialidiversity
was $100,000. The report presented to Council indicated that the
total cost was $531000 including $34,000 of exempt salary time for
which no cost would be required. A second statement in the
editorial indicated that there was a recommendation from staff to
postpone the consideration of this item. That also was not
correct. Staff had indicated that it was near capacity in regards
to taking on another project. At no time did City staff recommend
to postpone the item. Council decided it would be prudent to
postpone after reviewing staff workload.
4. Citizen Requests
A. The Council considered a request from Julia LoSoya for an
exception to the noise ordinance for a band concert at the North
Texas Fairgrounds on Saturday, November 4, 1995 until 1:00 a.m.
Veronica Rolen, Administrative Assistant, stated that this was a
request to grant an exception to the noise ordinance for a band
concert at the North Texas Fairgrounds.
Council Member Young left the meeting.
Biles motioned, Brock seconded to approve the request. on roll
vote, Miller "aye", Cott "aye"I Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 1.233 acres from Specific Use Permit S-
140 (with underlying Agricultural (A] zoning) to the General Retail
Conditioned (GR[c]) zoning district on property located on the
northwest corner of Ryan Road and Teasley Lane. (The Planning and
Zoning commission recommended approval, 7-0.)
Frank Robbins, Director of Planning and Development, stated that
policy issues were associated with this
issues dealt with the half-mile rule in a lowointensity area hand
the strip commercial issue. This was a low intensity area and the
proposal was inconsistent with the intensity
policy
rule, Given those issues, the Planning and Zoning dcommission
recommended approval with conditions. Those conditions included
that the maximum size of the building would be 4,000 square feet,
J
City of Denton City Council Minutes
October 17, 1995
Page 6
a one-story height limit, a long list of prohibited uses and no
metal buildings could be built.
The Mayor opened the public hearing.
R. J. Button stated that he was the owner of the Denton West Mobile
Home Park and the indicated parcel of land. In 1982 when he built
Lakewood Estates he extended an 8" water line along Ryan Road to
the project. He would be extending the sanitary sewer from the
Ryan Road lift station so it would be accessible for future
development. He had been to the Development Review committee and
was agreeable with all of the conditions.
Council Member Young returned to the meeting.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 95-198
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION
WITH SPECIFIC USE PERMIT 140 (5-140) TO
THE GENERAL RETAIL CONDITIONED (GF[C)) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND
LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE
(F.M. 2181) ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cott motioned, Biles seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles aye , and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance to rezone 2.0015 acres from the Single Family 7
(SF-7) zoning district to the Light Industrial Conditioned (LI(c))
zoning district on property located on the southwest corner of
Morse and Woodrow. (The Planning and Zoning Commission recommended
approval, 6-0.)
Frank Robbins, Director of Planning and Development, stated that
the same policy issues applied to this case as to the previous
case. The Planning and Zoning Commission recommended approval of
the light industrial zoning with a series of conditions. The
property was surrounded on three sides with other light industrial
uses with fewer conditions. There was a single family house on
single family zoned property to the west. One of the conditions
was that the existing vegetative buffer would be maintained with
the neighborhood property. The only access to the property would
be on Woodrow Lane.
I
I
a
r
City of Denton City Council Minutes
October 17, 1995 ';•:rc± t o -O
Page 7 A;an a 3',n _ --w-
Ct: t'2 .2O ..C16_
The Mayor opened the public hearing.
Cliff Reding stated that the property would be divided into
individual lots and sold to individuals with their own businesses.
These buildings would not be a typical metal building warehouse
facility. There was no City requirement to have the building
fronts as he wanted but it was something he wanted to do. He
agreed with the restrictions recommended by staff.
Council Member Brock asked if the property would be divided into
seven lots and then sold to individual owners. If so, would the
buildings be built first and then sold.
Reding replied both. He planned to sell individual lots and sell
lots with buildings on them. There would be a maximum of seven
lots - six smaller and one large lot. There was the possibility
that one individual would purchase two lots and build one building
on them. Any outside storage would have to be covered with a solid
fence or some other type of materials and maintained at all times.
There would be no storage of supplies to be seen from the road.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 95-199
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL
CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 2.0015 ACRES OF LAND LOCATED ON THE SOUTHWEST
CORNER OF MORSE ROAD AND WOODROW LANE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Gott motioned, Biles seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council held a public hearing for citizen comments on
the status of projects and activities for the community Development
Block Grant and the HOME Partnership Investment Program and on the
City of Denton's 1994 Grantee Performance Report.
Louisa Rodriguez-Garcia, Program Assistant, presented an update on
the CDBG and HOME federal grants.
Mayor Pro Tem Biles left the meeting.
Garcia continued that in the 1994-95 fiscal year, the City expended
$957,013 in CDBG and HOME funds on a variety of projects. The
majority of those funds were used to benefit low and moderate
City Of Denton City Council Minutes
October Z7
f 1995
Page 8 ~•o:era r o ~C~O
Income
families in Denton.
P
ast year included the ac some of the major accomplishments
Add
theition; the purchase angduisition of the owsle this
Ows1eY, Durc installation of Y park in the eOwsl nt at
sidewalks on enial vzew and MLK parks playground equipment at
I Chambers, Boardwalk and Morse the construction of
construction o park Streets; the repaving of
f two homes Lane, and Simmons Streets; the
Programs; the ctwo omeson Windsor under the
Optional Reconstructionuation n and of the Housin Affordable Housing
funding of the renovation of the Homebu erg g Rehabilitation
Fred Moore Childcare Cence Program; the
Retirement Center and the Cit Y: and funding for
gencies. Y-County Day Nurser rater, Fairhaven
The Mayor opened the public hearing.
No one spoke in the public hearing.
The Mayor closed the public hearing.
6. Variances
A. The Council
(g)~1) of the Code considered a variance
dication for th of Ordinances to Section 34_124
consisted e Muenks Addition concerning drainage
Drive Of 2.1th acres located o plat' The sub' easement
ed and Haggard Lane, on the southwest corner property
recommended denial, 5_2.) (The Plannin of Hinkle
9 and Zoning Commission
Council Member
returned to the Miller left the meeting
meeting, and Mayor Pro Tem Biles
Mayor Castleberry •
Council agenda and stated that this item
indicated resulted in a tie 3_ had been on the that it had to be considered 3 Vote, Council councme last
Frank Robbins at the next rules
Director of Plannin meeting.
the proposed variance dealt with theg and Development
th
With at property when platted Subdivision Regulation date was
before the or developed. The standard indicated d was
dedicated in theroperty could be develop
construction or 100 year floodway, it' an easement had to be
was the s cost to the subdivider, did not require an
floodwa urveying to indicated The onl
Y Lots 1_4 w the metes and associated cost
5 was a very lar a were indicated for bounds of the duplex and
rezoned fr the g Ingle famiTheldeveloe entireeareapwastrecentlt
particular gricultural.
coming from the private alley would incr ease of all lots and y
property before e the amount in
it was developed, of runoff
Council Member Miller
returned to the meeting.
Robbins continued t
the floodway and si ce t.heree there was
loodwa could no requirement to build in
the dw dwa der other regulations be no buildin
g or
f filling of the
Y would be it seemed apprrie
dedicated by plat. That wasowhy th that only
by the Planning
City of Denton City Council Minutes
October 17, 1995 ag2oC~ Cn. .
eD4KJ
9 -
and Zoning Commission recommended denial of the variance. The
property could be used for a variety of other uses but could not be
build on. The dedication gave the city the opportunity to improve
the channel at a later date.
' Rick Muenks, owner of the property, stated that his primary
objection was to the requirement of a drainage easement. He wanted
to retain the channel in its natural state. Most of the trees were
on the south side of the property which was in a floodway area. He
felt that it was important to one lot which would be a single
family lot. He was not convinced that the existing ordinance
required it to be dedicated as a drainage easement. The staff was
correct in that the runoff would be increased somewhat by the
development. It was not significantly increased enough to demand
a drainage improvement. There seemed to be some inconsistency in
the area. The property immediately to the east of his property was
the Good Samaritan property. He researched the plat records and
the northern portion of that area was platted along with an eastern
portion and a part of the southern portion. That portion which was
subject to the new plat ran entirely to Hinkle Drive and part of
Hinkle Drive was dedicated for an eventual roadway use. None of
the drainage of the floodway area, which was the same floodway area
which went through his property, was required to be dedicated as a
drainage easement. The Planning and Zoning Commission expressed a
concern that the easement was needed for maintenance purposes to
maintain the channel. He was concerned that the City might cut
down the trees, channelize the easement, put fences on the
property, etc. which would ruin the property. If he dedicated the
drainage easement he would lose control over the area. If
maintenance was a concern in the future, a drainage easement right
could be acquired. Right now there was no need for such an
easement.
Council Member Krueger asked if Mr. Muenks was willing to give the
City access to the property.
Muenks replied yes and that the City already had access to the
property and had been spraying the weeds in the channel. He had
indicated to staff that he had no problem with maintenance of the
area.
Council Member Krueger asked if he was willing to sign an access
agreement.
Muenks replied not in the current form. If the ordinance did not
allow for it to bp offered, he could not do so.
Mayor Pro Tem Biles indicated that Mr. Muenks did research and
found that east of Hinkle, there was no easement granted on this
same floodway.
Muenks replied correct.
City Denton City Council Minutes ApendaNo.
October er 17, 1995
Page 10 Apanda 1%4M
Council Member Miller stated that the backup materials for the
Planning and Zoning commission pointed out that there was no
easement at Good Samaritan because the area was never developed or
platted. There was standing water in the area and no means to
correct it.
Robbins replied that the situation with the platting at Good
Samaritan was that part of the property was preliminary platted and
' final platted and part of the property without the floodway in it
was not final platted.
Rick Svehla, Deputy City Manager, stated that the improvement
previously mentioned was on the east side of Hinkle and would not
extend
improvement wasp made y and h approved, the Cityd be a channel. If
the would want to get
an easement across Good Samaritan which would include all of the
floodway. If Council denied the variance and the City was granted
an easement for the floodway, it would be left in a natural state.
The City wanted to ensure that if there was debris in the area, the
city would not have to try and find the owner in the future to
correct the problem.
Muenks stated that his point was not about what was going to be
done in the future. The point was a right was being taken and a
requirement being made when there was no need for it. The easement
did not benefit his property but was for those downstream. There
was community benefit and potential harm to his property.
Mayor Pro Tem Biles stated that Muenks could not build in the
floodway.
Muenks stated that his point was that what was in the floodway had
a significant contribution to what was not in the floodway,
Mayor Pro Tem Biles asked if Muenks had been informed that there
was a policy against removing the trees and against destroying the
vegetation. Before any of that could occur, a public hearing had
to be held before the Planning and Zoning Commission.
Muenks stated that he was not aware of that.
Mayor Pro Tem Biles asked if that would address his concerns.
Muenks replied no.
Mayor Pro Tem Biles stated that Muenks had indicated that he was
concerned with protecting the trees and the appearance of that
property which was in the floodway. If the city was protecting the
trees and the only thing the City was asking for was access to the
property when there were flooding conditions, where was there a
loss suffered to the private property interest.
Muenks stated that if that was the case, he would dedicate a
maintenance and access easement. His concern in 5-10 years was
City of Denton City Council Minutes QQ
October 17, 1995
Page 11
that this might change and once the property right was given up he
had no recourse for those rights.
Mayor Pro Tem Biles stated that Muenks was proposing a maintenance
easement as opposed to drainage easement.
Muenks stated that was not allowed because the ordinance did not
allow for that to happen. The ordinance required a drainage
easement.
Council Member Krueger stated that if the variance was granted
could a maintenance easement be done instead.
Robbins replied no that the main point was platting before the
property was developed. If the Council granted a full variance to
this, understanding that the Planning and zoning commission had
approved the final plat conditioned upon approval of the variance
and if the variance was not approved, then the final plat would not
be approved. If the Council approved the variance, the City lost
platting and any regulatory way to have this property have a
benefit for the additional drainage which it would create. He felt
there was no difference between a maintenance easement and a
drainage easement.
City Manager Harrell stated that the Council needed to consider
what might happen, as the applicant had, in the future. In a
planning process there was a need to make sure that all
improvements were made consistent with the development of the
property so that the general populace did not have to come in and
spend general tax dollars to improve a situation which was created
by a landowner who had developed property. In this case, the
finding was that the development of the property was not so intense
that it was reasonable to require the developer to make
improvements in the channel. The finding was that the development
was sufficient to require a drainage easement so that in the future
if the easement was required, the general tax payer would not have
to pay the property owner for that property easement.
Brock motioned, Biles seconded to follow the recommendation of the
Planning and Zoning Commission to deny the variance request.
Council Member Krueger felt that the difference between a drainage
easement and a maintenance easement had been defined. The City
would not have to pay for either one. But if the City decided to
channel the easement and eliminate the trees and foliage, it would
have to be paid for. If there was a maintenance agreement, the
City would have to pay for it but not with a drainage easement.
This dealt with compensation for an easement the property owner did
not want to give. This area was not the problem for drainage.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
5
City of Denton City Council Minutes qdr.,,~~ _'aOf_
October 17, 1995
Page 12 A~:rdn 1%.1 A
...?D y~
03%
Council Members Cott and Young were not present after a short
break.
7. Consent Agenda
Brock motioned, Krueger seconded to approve the Consent Agenda. on
roll vote, Miller "aye", Krueger "ay:", Brock "aye", Biles "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid 11715 - Mowing and Trash Removal
2. Bid 160198 - Advanced Control Systems
B. Contracts
1. Denton City-County Nursery
2. Denton County Friends of the Family
3. Fred Moore Day Nursery
4. HOPE, Inc.
5. North Texas Community Clinics
6. SPAN
7. TWU CARES Health Center
S. Consent Agenda Ordinances
The Council considered the consent Agenda ordinances 8.A. - B.D.
Brock motioned, Biles seconded to approve the Consent Agenda
ordinances. On roll vote, Miller "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
A. NO. 95-200
I
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid 11715)
B. NO. 95-201
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COXPETIT?VE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (6.A.2. - Bid 160198)
C. NO. 95-202
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND FRED MOORE CHILD CARE CENTER, DENTON CITY-COUNTY DAY
NURSERY, AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENTS; APPROVING THE EXPENDITURE
OF "UNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.B.
,fl-3)
City of Denton City Council Minutes
October 17, 1995
Page 13
D' N0. 95-203
AN ORDINANCE APPROVING AGREEMENTS BETWEEN THE CITY OF DENTON
AND TEXAS WOMAN0S UNIVERSITY, HOPE INC., NORTH TEXAS COMMUNITY
CLINICS, AND SPAN; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENTS; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (6.B. 14-7)
9. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the agreement
between the City of Denton and Texas Woman's University dated
February 7, 1995 to allow for additional time for expenditure of
funds.
Derrick Collins, Human Services Coordinator, stated that the
ordinance would authorize an amendment with TWU to allow for
additional time for the expenditure of fends.
Council Member Young returned to the meeting.
Collins continued that due to various factors including the delayed
execution of the current contract, TWU had not spent all of 1994
funding. The ordinance would amend the 1994 contract to extend it
until March 31, 1996. The 1995 contract term would begin on April
1, 1996. No additional fiscal impact was anticipated.
The following ordinance was considered:
NO. 95-204
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S
UNIVERSITY, DATED FEBRUARY 7, 19995 TO ALLOW FOR ADDITIONAL
TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles
aye , and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council cons:.der.ed adoption of an ordinance approving
the 1995 tax rolls.
Jon Fortune, Chief Finance officer, stated that this ordinance
would approve the 1995 tax rolls. The actual tax levy on the 1995
tax roll was $10,774,354.
The following ordinance was considered:
f
r
i
City of Denton city council minutes
October 17, 1995
Page 14
ZZ-
oar__~ -a20 96
NO. 95-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995
TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE.
Hiles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye's, Young "aye", Krueger "aye',, Brock 'la a", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The council considered adoption of an ordinance approving
guidelines for operation of the City of Denton Homeowner
Rehabilitation Program and eligibility criteria and authorizing
expenditures in excess of $15,000 for projects meeting Program
guidelines and criteria.
Nancy Baker, Housing Rehabilitation Specialist, stated this
ordinance and the next would approve the Homeowner Rehabilitation
Program Guidelines and the Optional Reconstruction Guidelines.
These guidelines set forth the eligibility criteria and the
procedures to administer the programs. Approval of the ordinance
would allow payments in excess of $15,000 to be made to contractors
for the rehabilitation of the property.
Council Member Cott returned to the meeting.
The following ordinance was considered:
NO. 95-206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller ~~ylr, Young "aye", Cott "aye", Krueger "aye", Brock
"aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance approving
guidelines for operation of the City of Denton Optional
Reconstruction Program and eligibility criteria and authorizing
expenditures in excess of $15,000 for projects meeting Program
guidelines and criteria.
The following ordinance was considered:
NO. 95-207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
OPTIONAL RECON.rRUCTION PROGRAM AND ELIGIBILITY CRITERIA;
City of Denton
City Council Minutes
October 17, 995
i
Page 15 A;ond~CO._
a7`~:a 1'.n ,
41 •
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA;
.
EFFECTIVE DATE. AND PROVIDING FOR AN
Young motioned, BrockYoung',a seconded to ado t
P the ordinance. On roll
vo e, Miller "ayes yes, Cott "aye" Krueger "
Unanimouslys "aye", and Mayor Castleberry "'aye". Motion carried
E. The council considered adoption of an ordinance approving
a contract between the City of Denton and the Barworth Corporation;
authorizing the Mayor and the city PProving
documents necessary to consummate the purchase of real any and all
propert in
accordance with said contract; and authorizing p nditure of
0•) Planning . (The a g commission recommended approval, 4-
Barbara Ross, Community Development Administrator, stated that this
ordinance would approve the acquisition of two lots at 2533 and
2535 Charlotte Street to be used as a neighborhood
center. community
Mayor Pro Tem Biles asked if this was unimproved land.
Ross replied correct.
Mayor Pro Tem Biles asked how the efforts were going to build on
the land.
Officer Greg Hedges stated that he had businesses regarding the property. Tri-Steelshadnindicated that
they would like to help build a private
building which would accommodate theosociall an
ms a square foot
COPS program. There would be no City grams as well for tthe
he
construction of the building. The were dollars
sector and other fund raisers for the funding forg hto the esbuilding.
The following ordinance was considered:
NO. 95-208
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT
BETWEEN THE CITY OF DENTON AND BARWORTH CORPORATION;
AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY TO CONSTE THE RATION;
PROPERTY IN ACCORDANCE WITH SAIDNTRACT AUTHORI OF REAL
EXPENDITURE OF FUNDS AND PROVIDING AUTHORIZING THE
AN EFFECTIVE DATE.
Young motioned, Brock seconded to
vote, Miller "aye" On roll
adopt the ordinance.
"
You It
unanimcuslys "aye", ands Mayoa, Cott re'Ca tleberry "flays Krueger
Motion "carried
r
City of Denton City Council Minutes =lien
October 17, 1995
Page 16 F• The Council considered adoption of an ordinance
authorizing the purchase of 29.612 acres of land from Harold C.
Coe. (The Planning and Zoning Commission recommended approval 6-
0.)
Bob Nelson, Executive Director for Utilities, stated that this
property was located next to the Wastewater Treatment Plant and to
the expansion of the new landfill. The property would add to the
area around the Wastewater Treatment Plant for future uses.
The following ordinance was considered:
NO. 995-209
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CTTY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAROLD
C. COE FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE
EXPENDITURES OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance
authorizing certification and educational pay for sworn officers of
the Police Department who hold a Master Peace Officer Certification
from the Texas Commission on Law Enforcement Officers Standards and
Education (TCLEOSE) or a Master's Degree.
City Manager Harrell stated that currently the City paid an
incentive pay to officers based on their level of training and/or
achievement of an advanced college degree. Currently a
officer who had completed 30 [:ours of college was eligible forian
additional pay of $30 per month. That pay escalated to $60/month
for those officers who held an intermediate certificate from the
TCLEOSE organization or an associated degree. It further escalated
to $120 per month for those holding an advanced certification or a
bachelor's degree. The last session of the Legislature created
another advanced degree from TCLEOSE of a Master Peace Officer
Certification. This ordinance would authorize a cumulative pay
incentive of $180 per month for those officers who had achieved
such a master's certification or a master's degree from a certified
college. Based on the current force, it was estimated that this
would cost approximately $18,000 per year. These funds were
included in the adopted 1995-96 budget.
The following ordinance was considered:
NO. 95-210
AN ORDINANCE AUTHORIZING CERTIFICATION AND EDUCATIONAL PAY FOR
SWORN OFFICERS OF THE POLICE DEPARTMENT WHO HOLD A MASTER
PEACE OFFICER CERTIFICATION FROM THE TEXAS COMMISSION ON LAW
1
r
a
City of Denton Ci`v council minutes
October 17, 1995 J,,n _ --,-X-
Page 17 _ a•-
Oztt.
ENFORCEMENT OFFICER STANDARDS AND EDUCATION (TCLEOSE) OR A
MASTER'S DEGREE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
Vote, Miller "aye", Young "aye", Cott "aye", Krueger flayed, Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. Resolutions
The
authorizing theCCity iManager ltore xecute av public transportation
contract and subsequent amendments with the Texas Department of
Transportation.
Joseph Portugal, Assistant to the City Manager, stated that
approval of the resolution would authorize the City Manager to
execute the fiscal year 1995-96 public transportation contract with
the Texas Department of Transportation. The city had requested
approximately $141,390 to fund public transportation in the City of
Denton.
Council Member Cott asked who paid for the part of the public
transportation outside the C.-,y limits.
Portugal replied .SPAN, which provided public transportation in
Denton under a Section 9 component, had a separate contract under
section 18 done under that basis.
The following resolution was considered:
NO. R95-068
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION CONTRACT AND SUBSEQUENT AMENDMENTS WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC
TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to appr-ive the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution approving
and authorizing execution of an interlocal agreement for
participation in a public funds investment cooperative, designating
the Board of Directors of the Cooperative as an agency and
instrumentality to supervise the cooperative; approving investment
policies of the Cooperative; appointing authorized representatives;
and designating investment officers. (The Investment Committee
recommended approval.)
Harlan Jefferson, Director of Fiscal operations, stated that the
local government investment cooperative would allow the City to
City of Denton City Council Minutes
October 17, 1995
Page 18 no..
?rn~a /..:n
improve its diversification and yield in its portfolio. Currently
the City only used one investment pool and this would give the city it had a
rate pofrreturn, toThuse a is agency nmetnalltofnthe requirements ofgt:e
Public Funds Investment Act.
The following resolution was considered:
NO. R95-069
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS
INVESTMENT COOPERATIVE ("THE COOPERATIVE14), DESIGNATING THE
BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND
INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE; APPROVING
INVESTMENT POLICIES OF THE COOPERATIVE; APPOINTING AUTHORIZED
REPRESENTATIVES; DESIGNATING INVESTMENT OFFICERS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution approving
an interlocal ambulance agreement between the City of Denton and
Denton County for ambulance services.
City Manager Harrell stated that this was a continuation of an
annual contract with Denton County for ambulance services in the
unincorporated area of Denton County.
The following resolution was considered:
NO. R95-070
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Krueger seconded to approve the resolution. On
roll vote, Miller "aye", Young "aye", Cott "aye", " „
Brock "aye", Biles "aye", and Mayor Castleberry ,ar e". aye ,
carried unanimously. Y Motion
11. The Council received a report and gave staff direction
regarding nomination(s) to the Denton Central District Appraisal
Review Board.
Jon Fortune, Chief Finance officer, stated that the Appraisal
District was seeking nominations to the Appraisal This was not the same as the nominations the Council recentlyomade
to the Board of Directors. The Review Board was responsible for
City of Denton City Council Minutes
October 17, 1995 ~;ert43 Va. 0a
Page 19 1!,,n sr ~ S;--~
hearing all of the appeals of property owners.
Council Member Miller stated that there was a Denton citizen on the
Board whose term would not expire until 1996. There were two
individuals who had served their time limits and would, be going off
the Board and three whose terms would expire but would be eligible
to continue to serve. He asked if it was tradition that there were
geographic dispersion of the people on this Board.
Fortune replied that this was a different process from the Board of
Directors. Each taxing jurisdiction would make a nomination and
the Appraisal Board would make a nomination and the Board of
Directors would select who was to serve on the Review Board.
Mayor Castl:-Pcrry stated that the Council did not have to make a
nomination.
Miller motioned, Brock seconded to not have a nomination. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
12. The Council considered a program for the update of the Denton
Development Plan. (The Planning and zoning Commission recommended
approval, 6-0.)
Mayor Castleberry indicated that this item received a 3-3 tie vote
at the Council's last meeting and had to be considered at this
meeting.
Frank Robbins, Director for Planning and Development, stated that
staff had presented in detail at the last meeting what the program
would be. This meeting provided a more detailed layout of the
fiscal impact. The projected cost of the Plan development was
approximately $95,371 and the fiscal impact was $82,610 - the
difference being exempt overtime employees. The Denton Development
Plan Policy provided the timing for this update. The Plan stated
that the Planning and zoning commission would consider an update
annually in July and they would make a recommendation to Council
and Council would consider that recommendation in October. The
Planning and zoning Commission asked that Council move as quickly
as possible.
Council Member Brock stated that in the vision process, in
discussions in the Economic Development Advisory Board and in the
Fantus Study, there was a great deal of concern by developers that
the Denton Development Plan be looked at as a whole. It was felt
that there were some areas of the Plan which were outdated or which
needed to be looked at again. She asked if this had been factored
into the work load of his employees.
Council Member Young asked how much it would cost to implement this
plan and how much staff time to do this study. If the staff and
time was not available to do racial diversity, there was not enough
I
City of Denton City Council Minutes
October 17, 1995
Page 20
l
Jac
staff and time to do this. f
Council Member Young motioned to postpone this until January.
Council Member Krueger stated that the Racial Diversity Task Force
would be handled by the Human Resources Department. This project
would be handled by the Planning Department.
Robbins replied that it would include some hours worked by the
Engineering Department and the Utility Department but did not
include any Human Resources staff.
Council Member Krueger asked if this would overtax those other
departments.
Robbins replied no that they had been anticipating at the beginning
of the budget process that this would be the year to start this
process. He had programmed funds into the budget process and time
to do this update. Staff was ready to begin.
Council Member Krueger asked if the City Manager felt uncomfortable
starting another committee with this process.
City Manager Harrell stated that his prior statement regarding thn
Racial Diversity Task Force and this proposal assumed both
committees were going forward. This study was discussed during the
budget deliberations with major amounts of hours budgeted in the
budget.
Council Members Young's motion died for lack of a second.
Council Member Brock asked how many citizens were needed for the
update.
Robbins replied 7-15 per the Planning and Zoning Commission's
recommendation.
Biles motioned, Miller seconded to proceed.
Council Member Young stated that this was another good example of
"mumbo-jumbo+l from the city. People could see through this "mumbo-
jumbo".
Mayor Castleberry stated that this project was from the Planning
department and was budgeted for. The Racial Diversity project was
"rom another department.
on roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
13. The Council considered nominations appointments to the City's
Boards and commissions.
Y
S
City of Denton city council Minutes
October 17, 1995
Page 21
uasa _ 9L
Council Member Brock nominated Perry McNeil to the Electrical Code
Board.
14. The council discussed and took action regarding the
appointment and employment of a part-time Assistant Municipal Judge
to fill in during vacancies of the Acting Municipal Judge.
This item was not considered at this time.
15. Vision Update
Council Member Brock stated that Vision presentations would be made
at the end of October and early November.
16. Miscellaneous matters from the City Manager.
City Manager Harrell did not have any items for the council.
17. official Action on Closed Meeting Items.
This item was not considered at this time.
16. New Business
The following items of New Business were suggested by Council
Members for future agendas.
A. Council Member Young stated that the members of the
Juneteenth Committee had indicated that they would like to have a
Fred Moore Adult Activity stage and asked that this item be placed
on an agenda for Council consideration.
B. Council Member Brock stated that Senate Bill 1504 allowed
cities to contract with the Department of Public Safety to deny the
renewal of a driver's license of a person who had failed to appear
in Municipal Court. She asked staff to investigate whether the
city would want to enter into such a contract.
C. Mayor Castleberry asked for an agenda item regarding the
selection of a new City Manager.
D. Council Member Brock asked if Council wanted to renew
their Adopt-A-Spot.
19. The Council discussed the following in a continued Closed
Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
City of Denton City Council Minutes gp~pga~;a
October 17, 1995
Page 22 Apanda tten rs
Data
_
1. Discusse the poi and time Assistant Municipal Judge to fillnin during lvacanciesaofathe
Acting Municipal Judge.(Open meeting discussion and took action)
Following the Closed Session, Council reconvened into Open Session
and took the following action:
Biles motioned, Young se„onded to appoint Nancy Jesse as interim
part-time Municipal Judge until a full-time Municipal Judge was
appointed. Ms. Jesse's duties would be performed as needed and
directed by the present Acting Municipal Judge at the compensation
rate of $25 per hour. Staff would prepare a contract to that
effect. On roll vote, Miller 'layu'l, Young "aye", Cott "aye",
Krueger "aye", Brock "aye" Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 10:30 pm.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC002CA
=Ilefm
&SOW
in appreciation of
T ffE CITti' COLr'YCIL OF THE CITY OF DENTON TEXAS,
SUPPORTING THE DENTON COUNTY SESOVICENTENNIAL AND
DENTON COUNTY COURTHOUSE CENTENNIAL
WHEREAS, Denton County has a rich and varied history; and
WHEREAS, many- individuals, families, organizations, associations, churches, and
businesses have contributed ;o the rich heritage of Denton County; and
WTIEREAS, a knowledge and appreciation of local history helps foster community pride
and thus helps foster a climate favorable to good citizenship; and
WHEREAS, the year 1996 will mark the Sesquicentennial for Denton County; and
WHEREAS, the year 1996 will mark the Centennial for the historic Denton County
Courthouse; and
WHEREAS, the Denton County Sesquicentennial Celebration Committee, a voluntary
organization, has come together to plan a yearlong celebration to honor the individuals, families,
organizations, associaions, churches, communities, eM,7 groups, and business that have
contributed to the rich heritage of Denton County; and
WHEREAS, a series of events have been planned to focus state-wide attention on the
culture, proud history and contributions of Denton County residents to the State of Texas; and
WHEREAS, it is the intent of the Sesquicentennial Celebration Committee to be as
inclusive as possible so that all Denton County Citizens may, participate in these festivities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Denton,
Texas does embrace and support the promotion of the Sesquicentennial of Denton County and
the Centennial of the Denton County Courthouse and urges all citizens and community groups
i
to participate with the activities of the Denton County Sesquicentennial Celebration Committee,
ASSED AND APPROVED this the _ day of
3996.
BOB CASTLEBERRY, MAYOR
7AVV S
EULINE BROCK
J P ' UEGE, .R CARL YOUNG
ATTEST: APPROVED AS TO LEGAL FORM:
JENNIFER WALTE:RS, CITY SECRETARY IIFRBERT L. PROM, CITY ATTORNEY
+ , J
3
A
f
A,I, iii
CITY COUNCIL REPORT Qub - Q
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: February 20, 1996
SUBJECT: Request to rezone 10.994 acres on the east side of Audra Ln. to the Multi-Family-One district.
i
RECOALVENDATIff- The Planning and Zoning Commission recommends approval.
SUMMARY. See attached report.
BACKGROUA'D: See attached report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Property owner (Mack Park Apts.), surrounding users of property.
FISCAL IMPACT.
None.
RESPECTFULLY SUBMITTED:
0 .~'o 1 0 -0
LA-Sad~-
Prepared by: Kick Svehla
Acting City Manager
G. Owen Yost, AS LA
Urban Planner
Approved:
rank H. Rob ins, AICP
Director of
Planning & Development
5
i,
Aperds IJO.11P~'
A;mQa lan
PLANNING AND ZONING COMMISSION REPO T0310 -
To., Mayor and members of the City Council
Case No.: Z-95.042 Meeting Date: February 20, 1996
GENERAL INFORMATION
Applicant: Wells Assett Management, Inc.
14881 Quorum Drive
Dallas, TX 75240
Current Owner: John King
P. O. Box A
Kailua, HA 96734
Requested Action:
Rezone site to a Multi-Family zoning district from a General Retail
district.
Location and Size:
The 10.994 acre site is located on the east side of Audra Lane,
approximately 500 feet north of its intersection with McKinney. It is
known as the "Mack Park Apartments."
Surrounding Land Use and Zoning:
{
North . Immediately to the north is sparse single-family land use in Agricultural
zoning.
South - General Retail zoning and use.
East Undeveloped Agriculturally zoned land.
West • The right-of-way of Audra Lane, across from which is General Retail
zoning (Food Lion) and SF-7 zoning.
Denton Development Plan:
Low intensity area No. 47 (110% overallocated)
r
G
i
Aptndo No.
AlW3 team
SPECIAL INFORMATION
• Engineering & Transportation:
Existing street and access points are adequate.
0 Drainage:
Existing facilities are adequate.
• Landscaping:
Since the structure is existing, additional landscaping will not be required.
• Utilities:
Existing water and service is adequate.
HISTORY
The southern half of this site was zoned General Retail by the original 1969 zoning
map. The northern half was zoned General Retail in 1971 with Case No. Z-1103.
There has been no zoning activity on the site since that time.
NOTIFICATION
On 1/12/96, all 23 property owners within 200 feet of the site were notified of the
request. As of the Commission's hearing, four replies in favor of the proposal had
been returned, one in opposition and one undecided.
ANALYSIS
The analysis of this proposed rezoning was heavily influenced by the fact that the
complex, known as "Mack Park Apartments" has been at this location since the early
i '801s. At that time, apartments could be built in General Retail zoning. Now,
apartmec is cannot be built (or rebuilt without a variance following damage of more
than 50%) in a General Retail zoning district; making it a "non-conforming use." So
the applicant has requested a change to the Multi-Family•i zoning district.
The Commission presents (next page) its analysis of the request, and its conformity
to applicable policies of the Denton Development Plan:
4
?~~Wl 111M
;L4MG
OIERAL
L
DE\TON DE 'A" T PLAN CO.NMIENTS SIGNET- SONI]i CO\SLSTE
POLICY CA\7L1' AT NT
1NCON- INCONSIS.
SfSTENT TINT
To be consistent with the Plan, a Currently, the site Is disproportionately allocated 1,1463 X
i development should not exceed Intensity trips. As NEF-1 it would be rdocaled by rouing
its allocated Int enshy. 2,198.6 trips; a decrease of 4,941.3 Intensity trips.
i
Strict site plan control within The development bat been bull[ for Sean, and has co-
X
1,609 feet of existing low-density tasted with the existing neighborhood. No site plan would
residential. be required for a new development.
Traffic design to ensure seem Existing access b only to Andro lane, a secondary arterial X
to collector or tariff arterials, on the Thoroughfare Plan.
Sulfklent green space and Afack Park Apartments sotWled all such ordinance X
recreatlunal fad)Itlet an requirements when it was built.
prarlded,
Input Into planning by Nearby property owners were nottried or the request, and X
nelgbborbood os aclatiom and provided no negative Input,
councils is encouraged.
Multbfam6y development should The development Is approximately 900 feet from Apple X
be at ]cast hall a mile sport, Creek Apartments, but h is currently exlssing.
Strip commercial development As GR, the potential for strip cummer.lot des elopmcnt X
should he dixouaged. exhfs Downroning to MF-I removes that poteut [al.
A wide range of housing types The existing apartments cater to a market that does not (for X
should be provided, whatever reason) choose a detached house.
corresponding to differing
Handal ap hAttles sod
8festylrs. i
Diversified housing and Tnr existing apartmsmts offer a dlserdy of buming. No X
balanced growth should be growth to the exising complex Is anticipated,
provided in aQ sectors or the
city.
Existing resident [al No change is planned io either the apartments or the X
rL"o-densily ds are to be adjacent dnght-ramily des elopments.
neighborhoods Existing plantings are mature, an d the development X
aleded by complied with an mcb requirements when it was bulb.
(buffers
OVPJLUL RAMG
X
777
s
ddenda tk. _ 4D
Apcnd: Item
RECOMMENDATION Oil
In light of the decrease in intensity trips, and the fact that Mack Park Apartments is
existing, the commission recommends approval.
ALTERNATIVES
1. Approve application.
2. Approve application with conditions.
3. Deny application.
4. Postpone (to a specific date).
5. Table (indefinitely).
ATTACHMENTS
1. Location reap.
2. Intensity Area data.
3. P&Z minutes.
4. Draft ordinance.
Axxooaoo
$ f 0161 LI A _ t600 I N
' ATTACHMENT Rd~ed56o1 . -
■
4PW' a9aTrs1 -
LIP
~ ~ 714 ' ~ ~ ■ ~.ftiZiO I
„ r---~ ,
1 3 ~ - 5
{ L
A
y w i
040 no 016 .~~10 5
it
•!r 4 I
CHARLES 1701 1761
104
,„w Y L
'rim
/
( 1 1 1610
j ~M. a.Ih
t +
3 5
r ,r
414 Y
All -
Iwo
/ 1761
i
160! -..I 1707
320
~.1J
7
1707
MCKlNNEY FM 428
60[ - MC KINNEY
1662
{IJ 1700
I E~
z 166]
ATTACHMENT 2
r.
0 LAND USE MANAGEMENT INFORMAT UwSYST a6=~o
PLANNING AND DEVELOPMENT DEPART1a NT
CITY OF DENTON
Intensity area 47 e: LOW Intensity Tripe/ac 6C
Traffic survey zones: 6568 6572 6573
Boundary Description: North: TP i MKiT Railroad
South: McKinney St.
Date: 08/18/93 East: 2F/MF-PD96,Audra,Lp.288,Hummingbird,Cardinal
Updated: Nest: Old North Road, Audra, Lattimore, Mulkey
M
_
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSI7
•-•----C
SF-16 < 56 31.1 560 2.82 56.4 0 0 C
SF-10>16 54 18.51 540 0 0 0 0
SF-7>30 652 174.18 6520 127.88 5370.96 17.22 82 82C
LESS SF-7 257 51.91 2570 0 0 38.76 446 446C
MOB.HOMES 0 0 0 2.21 176.8 0 0 C
DUPLEX 0 0 0 0 0 3.72 41 41C
MF-R 0 0 0 11.78 1178 13.83 196 1568
MF-1&2 492 27.54 3936 1.96 392 20.55 472 3776
COM/RET 0 1.8 1170 2.47 1605.5 0 0 0
OFFICE 0 5.04 1764 0 0 0 0 C
" DUSTRY 0 0 0 0 0 28.2 0 2961
3TI'N.XL 0 29.35 2494.75 0.84 71.4 0 0 0
PARKS 0 0.88 26.4 0 0 0 0 0
R/0/SPACE 0 4.98 0 0 0 0 0 0
TRANSPORT 0 12.5 0 0 0 0 0
AGRIC. 0 0 0 110.68 0 0
VACANT 0 382.92 p 0 0 0
0
.28
TOTAL 12313991511 740.71 19581 260.64 8851 122 1237 13995
INTENSITY CALCULATIONS
(1) Intensity area total trips 740.71 times
4443
(2) Trips allocated to existing land uses (built) 60 419581
(3) Trips allocated to current zoning incl. P Ds (not built) 22846
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 6640.8
(5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -4625
-___-(6) Percentage of intensity trips allocated 110
t
ATTACHMENT 3
~ fir'-'1 119.
P&Z Minutes
January 24, 19% L 2-
Page 5 9,,6
prior to the permanent zoning of the property. That is the reason that a recommendation is
not necessary from the Planning and Zoning Commission to approve the temporary zoning.
It is merely a consequence of the annexation.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition to the petition? Any closing comments? We will close the public hearing.
Mr. Cochran: I move approval of A-71.
Ms. Flemming: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same
sign. Approved. (6-0)
I
V. Hold a public hearing and consider rezoning 10.994 acres from the General Retail (GR)
district to the Multi-Family 1 (MF-1) district. The site is located on the east side of Audra
Lane approximately 500 feet noith of its intersection with McKinney Street.
Ms. Russell opened the public hearing.
Mr. Yost: This is a rezoning for an apartment complex that already exists. The situation
is that the apartment complex was built some time ago under General Retail zoning. At die
time apartments were allowed to be built in General Retail zoning. Since that time the
ordinance has changed and apartments are no longer allowed in General Retail zoning. They
are allowed in Multi-family zoning. In order to fill out a financial transaction the owner of
the note on this properly is rezoning from General Retail to Multi-family. There is no
change anticipated in the development itself. It is Mack Place Apartments which is on the
east side of Audra Lane just north of McKinney. It is in a low intensity area which is over
allocated. All of the infrastructure is in place to support the use and has been for a number
of years. There were twenty-three notices mailed, we received four replies in favor, one in
opposition, and one undecided.
Ms. Russell: When this was built it conformed and was allowed in that zoning, is there such
a thing as grandfathering?
Mr. Yost: Yes, it is what is called legal non-conforming use. It exists but they cannot
expand the use.
Ms. Russell: If it were to be partially destroyed then they would be allowed to rebuild
according to the building footprints?
s
f
I.Qen~j 1!0.
10
P&Z Minutes
January 24, 1996
Page 6
Mr. Yost: In that case the fifty percent rule would apply. If it were to burn down and was
damaged more than fifty percent of value then they could not rebuild it as an apartment. If
it were to burn down and was damaged less than fifty percent of value then it could be
rebuilt within the cur.-ent footprint.
Ms. Russell: The reason that this is coming before us is because of a lender?
Mr. Yost: That is my understanding. In the analysis section we have a new procedure.
(Covered the Denton Development Plan overall rating sheet found in backup.)
Ms. Russell: Is there anyone to speak in favor of the petition? Is tl :re anyone that would
like to speak in opposition to the petition?
Ms. Flora Kreuder: My name is Flora Kreuder and my address is Rt. 15, Box 145 on
Sanders Road. I am a Realtor with Century 21 and I recently sold a house at 700 Audra
Lane and I wanted to know if this will affect the zoning for that house.
Ms. Russell: No, this only affects the Mack Place Apartments property. Is there anyone
to speak in opposition? Are there any closing comments? We will close the public hearing.
Mr. Cochran. I move that we approve case Z-95-040 for the rezoning to Multi-family from
General Retail district.
Ms. Flemming: I'll second.
Mr. Powell: Is there anything else on the property other than Mack Place Apartments?
Mr. Yost: No, it is just the apartments and their buildings.
Mr. Powell: The site map looks like it includes more than just the apartments. 1 thought
that there was more of an L-shaped retail center in front of the apartments.
Mr. Yost: The retail center in front of the apartments will remain General Retail. There
is a line between the apartments and the strip center which is the line that we are talking
about now.
Mr. Robbins: I think you are right Mr. Powell. The site map does include an area larger
than the apaivnent complex and it does go up a little on Audra Lane. The metes and bounds
doesn't include that.
P&Z Minutes eOd
January 24, 1996
^^^C1 4':n
Page 7 Dal:_ - 6 '
Mr. Powell: What we are saying is that the picture is a little cff. What the metes and
bounds description is for is just Mack Place Apartments, it has nothing to do with anything
else.
Mr. Yost: That is correct.
Ms. Russell: It is only the property that the apartments have, nothing else is being
considered.
Mr. Cochran: I hope that this map will be corrected before it goes into public record so that
we won't have any more confusing maps running around, more than we already have.
Ms. Russell: Any further discussion? All in favor please raise your right hand. Opposed
same sign. Approved. (6-0)
VI. Director's Report.
• DDP update.
Mr. Robbins: There will be a couple of zoning cases next time and it will be longer meeting
than it was tonight. Walden Pond will be back next time with a new plan, part of it will
probably be cut out. You will probably see some of the same uses, but it will be a smaller
area. There's also another apartment zoning on Bell Ave and we do have some opposition
on that one. We hive provided a schedule of what we anticipate will be on your agenda and
if you have any questions or would Ike some additional details before we have that meeting
we would be pleased to answer any calls that you might have. I was going to go through
some more detail on the new format that we came up with for the Denton Development
Plan. We are going to try the same thing with the Council. I think it is a good time to
move to a system like this that explains the policies a little easier. Because we are redoing
the Denton Development Plan this might be a better way to go and look at different policies.
One of the interesting aspects of this case, given this case and the existing policy that we
have, this would be a much more difficult case to approve and be consistent with the Plan
if it was not already built. This is in a low intensity area and w. uld be a significant intensity
violation. One of the things that we will look at when we do the Denton Development Plan
again is to do what we described as sector planning. We would really look in this area and
ask what the existing use is, and what is the existing zoning in this low intensity area and
wouldn't it be more appropriate if the existing zoning, the existing use, and the Plan were
the same tiling? It is not now because it is in a low intensity area. Wouldn't it be more
appropriate if it were in a moderate intensity area? You would take in that corner with the
Food Lion, the court complex, and the other non-residential zoning that is at the other
c
' n.a ckpa rk. cr3
Agenda l;:n
Data
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 10.994 ACRES OF LAND LOCATED
AT ON THE EAST SIDE 0: AUDRA LANE, APPROXIMATELY 500 FEET NORTH OF
McKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mike Wells has applied for a change in zoning for
10.994 acres of land from the General Retail (GR) zoning district
classification and use designation to the Multi-Family One (MF-1)
zoning district classification and use designation; and
WHEREAS
on January 24, 1996, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 10.994 acres of land described as in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is charged from the General Retail (GR) zoning district classifica-
tion and use designation to the Multi-Family One (MF-1) zoning
district classification ;nd use designation under the comprehensive
zoning ordinance of the City of Denton, Texas.
SECTION II. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV. 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, a daily newspaper
S
d
r
C
'i
ACnb
published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I i
BY:
PAGE 2
i
EXHIBIT A EAC,tnida No,1,en y
CA, --2j2-.r CIV
BEING a tract of land out of the Jonathan Brock Survey, Abstract
no. 55 and the T.K. DoVning Survey, Abstract No. 346, Denton
County, Texas, and being all of Lots 10 2, and 31 Block i of
MACK PARK ADDITION, an Addition to the city of Denton as
recorded in Cabinet E, page 85, of the Plat Records of Denton
County, Tawas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a ^+w cut in concrete not in the Easterly
right-cf-way line of Audra Lane (80 foot sight-of-way), same
being the southwest corner of the above mentioned Mack Park
Addition, same also being the beginning of a curve to the right
having a central angle of 04 degrees 13 minutes 17 seconds, a
radius of 764.45 feet and a chord bearing and distance of North
14 degrees 54 minutes 19 seconds East, 56.31 feet; e to right Eanin a d Northea3terly direction
linealong
said said
Audra vLane and the
Westerly line of said Mack Park Addition for an arc distance of
56.32 feet to a °t" cut in concrete set for corner at the end of
said curve to the right;
THENCE North 17 degrees 00 minutes 58 seconds East along the
lineeofysaidhMack-ofAof $31,72 Westerly
feet to
a 1/2 inch iron rod set for corner, same bsing the beginning of
a curve to the right having a central angle of 30 degrees 11
minutes 55 seconds, a radius of 765.17 feet and a chard bearing
and distance of North 32 degrees 06 minutes 56 seconds East,
398.75 feet]
THENCE in a Northeasterly direction along said curve to the
right and the Easterly right-of-wey line of said Audra Lane and
the Westerly line of said Mack Park Addition for an are distance
of 403.40 feet to a 1/2 inch iron rod set for corner at the end
of said curve to the right;
THENCE North 47 degrees 09 minutes 16 seconds Last along the
right-of-way
Parkline
Additionsaid
261.50 Westerly
forA a ddis distance and
to
a 1/2 inch iron rod set for corner at the North corner of said
Mack Park Addition;
THENCE South 00 degrees 58 minutes 54 seconds East along the
Easterly line of said Mack Park Addition for a distance of
634.14 feet to a 1/2 inch icon rod set for corner;
THENCE South 35 degrees 00 minutaa 59 seconds Bast along the
Easterly lino of said Mack Park Addition for a distance of
the199.14 feet monument found for
having aocentral same angle of
31 degrees 26 sinutes 30 seconds, a radius of 599.61 feet and a
continued on next page
C
nr
9i
F
f
A~cn,a Ilo. ~
A~,nda Iran
call _ !2 -.20 chord bearing and distance of South 19 degrees 17 minutes 43
seconds East, 324.93 feet;
THENCE in a southeasterly direction along said curve to the
r
arc ight and the Easterly ltne of said Mack Park addition for an
cornersatntheoand feet to
same being thfor
e
Southeast corner of said Mack Park Addition;
THENCE North 88 degrees 11 minutes 45 seconds West along the
South line of said Kack Park Addition for a distance of 806.71
feet to the point of beginning and containing 470,905 square
feet or 10.994 acres of land, more or less.
S
~i
E
7
i'
Apmdl ND O Q
ids rim
t~
DATE:
CITY COUNCIL REPORT FORMAT
TO: Mayor and Mernbers of the City Council
FROM: Rick Svehla, Anting City Manager
SUBJECT: Hold a public h 3aring and consider an ordinance rezoning 1.12 acres
from the Agricu,tural (A) zoning district and use classification to the
Office Conditioned (O(c)) zoning district and use classification, and
rezoning 0.38 acres from the Agricultural (A) zoning district and use
classification to ti,a Single Family 10 (SF-10) zoning district and use
classification. The subject property is located on the west side Bonnie
Brae, approximately 2,200 feet south of 1.35E
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request.
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Respectfully submitted:
Rick vehla
Acting City Manager
i
;i
F
a W0.,=1-~.il.
M
Prepared by:
Wage-E. C
Walter E. Reeves, Jr.
Urban Planner
Approved:
Frank Robbins, AICP
Director
Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance.
Attachment #3: Draft minutes of the February 20, 1996, P & Z meeting.
'r
u
ATTACHMENT 1
PLANNING AND ZONING COMMISSION
To: Denton City Council
From: Planning and Zoning Commission
Date: February 20, 1996
Subject: Z-95-039
GENERAL INFORMATION
Applicant: Greg Edwards
1116 Sandpiper
Denton, Texas 76201
Owner: Liberty Christian School
1500 Bonnie Brae
Denton, TX 76205
Action: Rezone 1.12 acres from the Agricultural (A) zoning district to the
Office Conditioned (0(c)) zoning district and rezone 0.38 acres
from the Agricultural (A) zoning district to the Single Family 10
(SF-10) zoning district.
Location: The subject property is located on the west side of Bonnie Brae,
approximately 2,200 feet south of 1-35E (See Attachment 1)
Surrounding Zoning and Land Use:
North: Liberty Christian School, Office Conditioned zoning.
South: Strip of single family residential use along Bonnie Brae,
Agricultural zoning.
East: MF-2 zoning, UNT Golf Course.
West: Railroad properly, 1.35W, Light Industrial zoning and
development on the west side of 1-35W.
Denton Development Plan: Low Intensity Area #23 (82% allocated).
SPECIAL INFORMATION
The subject property will also need to be platted. Floodplain issues will be addressed
as part of a replat of the Stoneleigh Addition. Water and sewer will need to be
extended, and fire hydrants (onsite and along the street) will be necessary.
BACKGROUND
October 1973
City Council approved two specific use permits on a two-acre tract ai this site for the
operation of a day care center and private swim club.
Page 1
- - ~ ~ p
J
A"nQe tJo.
FFb
ry 14, 1984 om____~ y 2 d 7-
bject propert
y is part of 267 acres annexed into the City of Denton by
nce 84-18.
November 3, 1987
Ordinance 87-192 is passed by the City Council approving a specific use permit for a
private school, swim club, and day care center on 8.8 acres.
February 1, 1994
City Council approves an amendment to SUP 194 to allow for the expansion of the
existing school.
March 9, 1994
Final replat of Stoneleigh Addition Lot 1A, Block A is approved by the Planning and
Zoning Commission.
June 20, 1995
City Council approves Ordinance 95-115, rezoning 8.2721 acres to the Office
Conditioned zoning district.
The June 20, 1995, rezoning was a result of both the staff, and Liberty Christian,
trying to find a way to make the development process work better for them. There
had been several amendments to SUP 194, and each amendment required review
and approval of the SUP site plan by the Planning and Zoning Commission and the
City Council. It was felt that since the school had existed at its current location since
1987, its needs, and the communities, would be better served by allowing them the
ability to make adjustments to their plans without constantly being in the SUP process.
While this rezoning was not consistent with the City's Intensity, Concentration, or
Separation Policies, it was felt that the rezoning would sufficiently support other
policies of the plan and was subsequently approved.
The subject property is currently in the Agricultural (A) zoning district. The proposal is
to rezone 1.12 acres to the same Office Conditioned (O(c)) zoning district as the
existing Liberty Christian School, and the entire acreage (1.5 acres) will be replatted
into the existing Stoneleigh Addition, and be renamed the Liberty Christian Addition.
This Office Conditioned zoning district has the same list o; permitted uses as the
existing Agricultural (A) zoning district, except that it allows, by right, for a School,
Private Primary or Secondary. This use is not currently a permitted use in the
Agricultural zoning district (requires an SUP), but is the only use on the proposed
permitted use list that is different from the permitted uses allowed in the Agricultural
(A) zoning district.
Page 2
u
1
Agoods No.. 6-Q9
Agenda Item X020 r y~
Fn mate .
ices were mailed on February 2, 1995, As of the t 'e o preparation of this
ne reply has been received which is in favor of the request.
ANALYSIS
The table below will provide a summary of the Plan related analysis for this project.
Denton Development Plan
Policy Analysis Summary
Low Intensity Area Z-95-039
Development Rating VS Policy
POLICY COMMENTS &*Wfaney sw"h,r cawnmr
MMW111t lrc iatmt
To be consistent with the Plan, a Allocated Intensity . 672 Intensity trips (O(c)).
development should not exceed its Proposed Intensity . 392 intensity trips (O(c)). x
allocated intensity. The SP-10 portion Is consist^.nt with the Plan.
Strict site plan controf within 1,600 No site plan proposed, and Z.95-011 was
feet of exlsbng low density done speo fiicalty to remove the required site x
residential. plan.
Traffic design to ensure that Mult- After replatting, the O(c) portion will have
family or non-residential uses have access to Bonnie Brae. Bonnie Brae is x
access to collector or laVrarle is classified as a primary arterial.
with no dire~i access through
residential streets.
Sufficient green space, recreational There is no proposal to provide parts,
facilities and diversity of parks are recreational facilities, or greenspace. x
provided,
Input Into planning by neighborhood No neighborhood meeting had been hold at
associations and councils is the time of preparation or this staff report x
encouraged.
Naighborhood service center The Radisson Hotel Is within 12 mile or this
concentration property, wifl eventually total 1x9,93 acres x
with direct access to a primary arterial (max. 3
acres)
Mul6'famity concentraton Not applicable. x
Any form of continuous strip Not applicable.
commercial development is strongly
discouraged in or near tow Intensity x
areas
Page 3
S
a
4
i
ADW3 I'm
WhFn proposal is inconsistent with the Proportionate Share policy of the Plan
(Intensity) the Commission, and the City Council, typically look at four other factors.
1. The location of the proposed development in relation to existing or proposed
public farilii e:. such as streets, water or sewer lines, and drainage facilities.
After replatting, the 0(c) property will have direct access to a primary arterial
(Bonnie Brae), and city water and sewer service. A part of the property is in
the floodplain and will not be usable for buildings unlit/unless the floodway is
defined by engineering study.
2. The topography of the land, and its elect on possible development.
The subject property has been used as a sort of auto repair/salvage location
previously. As previously stated, there is floodplain that will limit the buildable
area until/unless the flood way is defined by engineering study. There are no
other particular bars to development regarding topography.
3. Land use in the planning area and surrounding areas.
To the west is railroad F,operty and 1-35W. To the south is single family
residential development. To the north is the existing school. To the slast is
UNT golf course, which is in the Multi-Family 2 (MF-2) zoning district.
4. Other policies.
See summary table.
RECOMMENDATION
Planning and Zoning Commission recommends approval of the request subject to the
following three conditions:
1. The list of permitted uses be as in Attachment 2.
2. No vehicle mr intenance facility be allowed on the property.
3. No access to Bonnie Brae for the 1.12 acres being rezoned to O(c).
ALTERNATIVES
1. Recommend approval without conditions.
2. Recommend apprcval with additional conditions.
3. Recommend denial.
4. Postpone consideration.
Page 4
z
F
ATTACHMENTS
1. Zoning exhibit.
2. List of permitted uses.
Page 5
No
~ Ex{sTrN4 Sc~1oa.. '
W
i
0
IM
' 1TIe
0
mom
o
r- `
z
r
i
.f
/A7 'aZ
PROPOSED LIST OF PERMITT art E y
LIBERTY CHRISTIAN REZONING
Agriculture (A) to Office Conditioned (0(c))
Church or Rectory
Group Homes
Institutions of Religious or Philanthropic Nature
Monastery or Convert
Occasional Sales
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational
Accessory Building
Electrical Substation
Electrical Transmission Line
Temporary Field or Construction Office (approval and control by Building Inspector)
Fire Station or Similar Public Safety Building
Gas Transmission Line and Metering Station
Home Occupation
Off-Street Parking Incidental to Main Use
Private Swimming Pool
Telephone Line & Exchange Switching or Retay Station
Water Reservoir, Water Pumpinq Station cr Weil
Country Club (Private) with Golf Course
Publ c Golf Course
Public Park or Playground
Public Playfield or Stadium
Railroad Track or Righl•of•Way
~ c/
1.95-039
ATTACHMENT 2 A,^,CpJ3 a -GO
1:-.) P:n
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION AND THE SINGLE FAMILY 10 (SF-10)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.50 ACRES
OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY
2,000 FEET SOUTH OF I-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Greg Edwards, on behalf of Liberty Christian School,
has applied for a change in zoning for 1.12 acres of land from the
Agricultural (A) zoning district classification and use designation
to the Office Conditioned (O(c) ) zoning district classification and
use designation and for a change in zoning for 0.38 acres from the
Agricultural (A) zoning district classification and use designation
to the Single Family 10 (SF-10) zoning district classification and
use designation; and
WHEREAS, on February 19, 1996, the Planning and Zoning
Commission recommended approval of the requested change in zoning;
and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 1.12 acres of land described in Exhibit 1,
attached hereto and incorporated into this ordinance by reference,
is changed from the Agricultural (A) zoning district classification
and use designation to the Office Conditioned (O(c)) zoning dist-
rict classification and use designation, under the comprehensive
zoning ordinance of the City of Denton, Texas, subject to the
following conditions;
1. The uses described in Exhibit 2, attached hereto and
incorporated by reference herein, are prohibited.
2. No vehicle maintenance on the O(c) property.
3. No access to Bonnie Brae.
SECTION 11. That the zoning district classification and use
designation of the 0.38 acres of land described in Exhibit 3,
attached hereto and incorporated into this ordinance by reference,
is changed from the Agricultural (A) zoning district classification
and use designation to the Single Family 10 (SF-10) zoning district
classification and use designation, under the comprehensive zoning
S
v
f
e
r.
AgenC~fk. 6 `^d~
ordinance of the Oa::
CitY of
Denton, Texas,
SECTION III, That the City's official zoning map is amended
to show the changes in zoning district classifications.
SECTS IV, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SE9T10N v. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the
day of 1996.
ATTEST: BOB CASTLEBERRY, MAYOR
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~DgSpARTIRS PIRECILY R1NCB -'r"'•16/- -9
IO:
A +cn1~
THE Sutv~ey, etract that certtaiinn. tract pR~ISBS SUR f,o.
of .
land ( 7`; act 56, and bein land situated in
in the Rarrant) and a Part of q a Part of a Called 2 pR~1nil
e3
et we recordedYin~yd from Lew18 called 0.115 acre trace
Denton olume 886 Olin Middleton et
County, Texas, as recogPage 130 of the Denton coOr
tract ~ G Reaves Jr.
being more
particularly described as followen the ground etheesubject
B~erStreettandl/2■ square iron rod
being at the Southeast[ for corner in the Heat line of Bonnie
THBNCg South 01 corner of said Tract I;
Bonnie Brae Street~aee 40 Minutes 42
corner at the distance to Seconds Bast with the R
Southeast corner 16.00 feet to a 1/2■ iron rest
of said Tract II• ~ found for
71MCH North 89
said raLta11 a distance 9 of M15ptes 53 Sec line of
onds Wes
salient of 04 feet to a t with the South line of
corner of said Tract r1/2" square
T~1Cg North pp iron rod set for corne a chain link 00 Deegree 25 Minutes 06
II; corner Seconds Rest a distance
post for comer to a reentrant corner 7'75 feet to
7l north p1 said T
Degrees
corq~Ce osai.25 feetIa 1/20 square0ironcrods eet s for everinq said Tract II a
er of Tract i corner at a reentrant
~ danceorth 01 '
of 90
corner of 68eg feet es a 04 Minutes 05 Seconds West severine
886, page 130; Except tract descrin rod set for cornreatd the Tract
bed in said Deed recorded in Volume
Ti South 89
saidfSave and Bxcceeptetract aidists 53 Seconds Bast
corner; ance..Of 70.06 with the South line of
fees to a.l/2■ square iron rod
sTi Save North 83 Degrees 28
for Except tract Minutes 59 Seconds
corner the R a distance Bast with the South line
est line of Bonnie of 80.10 feet to a 1/2■ iron rod found
77MC8 South 41 ae Street;
to the POINT 08 Degree 00 Minutes 42
BGINNING and enclosin 0.38 Nast a distance of 100.03 feet
g 0.38 acre of land more e or less.
. THOMPSON, R
P L
L
NO. 7
#95587; LIBBR Ty DATE
SCHOOL
u
.i
Agenda No. - OD
Apendl Item
EXHIBIT 2 Vat; _.2 --,?D y6
PROHIBITED USES
Z-95.039
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Art Gallery or Museum
College or University or Private School
Community Center (Public)
Day Nursery or Kindergarten School
Halfway House
Hospital (General Acute Care)
Hospital (Chronic Care)
Public Library
Nursing Home or Residence Home for Aged
School, Business or Trade
Community Center (Private)
Off Street Remote Parking
Sewage Pumping Station
Telephone, Business Office
Swim or Tennis Club
Offices, Professional and Administrative
Studio for Photographer, Musician, Artist or Health
Animal Clinic or Hospital (no outside runs or pens)
Farm or Ranch
Cemetary or Mausoleum
Fraternity, Sorority, Lodge or Civic Club
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Public Building, Shop, Yard of Local, State or Federal Government
Radio and/or Television Microwave Tower
Water Treatment Plant
Airport Landing Field or Heliport
Commercial Parking Lot or Structure
Cafeteria
Mortuary or Funeral Parlor
Restaurant
Scientific or Research Laboratories
/ EwhisL i ~J3 -d4
• ~ Agenda Ho. =L
110 PARTIES DIRECTLY --G-~---
CONCERIM WITH THE PREMISES SURVUMD~
~G=Z'
DESCRIPTION: All that certain tract of land situated in the 0. S. Brewster
Survey, Abstract No. 56, and being a part of a called 2.028 acre tract of
( Tract I) and a part of a called 0,115 acre tract (Tract II) described
in the Warranty Deed from Lewis Olin Middleton et ux to Oran G. Reaves Jr.
et ux recorded in Volume 886, Page 130 of the Denton County Deed Records,
[Drawn County' Texas, as recognized and occupied on the ground the subject
being more particularly described as follows:
T~~NNING• at a 5/30 iron rod fund for corner at the Northwest corner of said
and at the West Southwest corner of Stoneleigh Addition, an Addition
in the City of Denton recorded in Cabinet R, Page 198 of the Plat Records of
Denton County, Texas;
'nMCR Easterly and Southerly with the lines of said Addition the following;
North 89 Degrees 31 Minutes 30 Seconds East a distance of 91.21 feet;
South 00 Degree 40 Minutes 33 Seconds East a distance of 89.63 feet;
North 89 Degrees 48 Minutes 26 Seconds East a distance of 125.00 feet;
South 00 Degree 45 Minutes 36 Seconds East a distance of 20.00 feet;
North 89 Degrees 48 Minutes 26 Seconds East a distance of 150.00 feet
to West line of a called 9,528 acre tract of land described in the Deed
to Tom Scott Muse et ux recorded in Volume 1668, Page 433 of the Deed
Records of Denton County, Texas;
THENCE South 01 Degrees 04 Minutes 05 Seconds east passing en route at a
distance of 19.28 feet a 1/2" square iron rod set at Southwest corner of a
Save and Rxcept tract described in the Warranty Deed from Lewis Olin
Middleton et ux to Oran G. Reaves Jr. 886, 130 of the Denton County Deed Records et un County, in Volume Page Texas ont
said course a total distance of io9.96 feetoa 12 is are iron continuing on
corner at a reentrant corner of a / square rod set for
Tract Ii; said Tract I and a salient corner of said
SCE South 01 Degrees 10 Minutes 06 Seconds West severing said Tract II a
distance of 8.25 feet to a chain link fence corner poet for corner at a
reentrant corner of said Tract ii;
THENCE South 89 Degrees 54 Minutes 37 Seconds West with the South line of
said Tract II a distance of 304.74 feet to a 1/2* square iron rod set in the
East right-of-way line A.T. 6 S.F. Railroad;
THENCE North 15 Degree 55 Minutes 43 Seconds West .
passing
route at a
distance of 8.9o feet the Southwest corper of said Tract ; and continuing, on
said course a total distance of 235.67 feet•to-thePOINT OFABEGINNING and
enclosing 1.12 acres of land more or less.
I.E. THOMPSON, No.
106 195587; LIBERTY 4857 DATE
CHRI'STIAN' SCHOOL .
P&Z Minutes ATTACHMENT 3
[A:en Fegruary 14, 1996 aPa a 11 c' J J1~~
V. Hold a public hearing and consider a request to rezone 1.12 acres from the Agricultural
(A) zoning district to the Office conditioned (O[cj) zoning district and 0.38 acres from
the Agricultural (A) zoning district to the Single Family 10 (SF-10) zoning district. The
subject property is located on the west side of Bonnie Brae, approximately 2,200 feet
south of 1-35. (95-039)
Ms. Russell opened the public hearing.
Mr. Reeves: This is a rezoning request by Liberty Christian School. 1.12 acres is for
Office-Conditioned and another .38 acres is for Single Family-10. We sent out nine
notifications. We received two in favor and two opposed. We recommended denial of this
zoning case. Yesterday afternoon Frank and I and representatives of Liberty Christian
School and at least one of the two people that was opposed met out on the property and
discussed various ways of trying to be able to recommend approval. Based on our wePting
yesterday I have written the staff report to the City Council that has two new conditions that
we came up with for this particular rezoning. The first condition remains the same and it
is the list of uses in Attachment 2. That list of uses is the same list of uses that was
developed for their previous Office-Conditioned rezoning that took place about eight months
ago. That list of uses is all of the uses that are permitted in the Agricultural zoning district
and includes a school, private, primary, or secondary. Basically yuu have an Office-
Conditioned zoning district that doesn't have any offices in it. The two additional conditions
that we are proposing is that there be no vehicle maintenance facility allowed on the property
that we are discussing here tonight, and that there be no access to Bonnie Brae for the 1.2
acres being rezoned to the Office-Conditioned zoning district. This property was once
owned by a gentleman named Butch Reeves. The front part of the property has a house on
it and the back part of the property was used by Mr. Reeves for a storage area, salvage area
and such. That area in the back is the area that is proposed to be rezoned to Office-
Conditioned. There is a driveway there that goes past the house and to the back of the
property. Liberty Christian wo•.ild like to be able to use that driveway to get back there but
our ordinances will not allow that use. Additionally the neighbor, Mr. Tom Muse,
expressed concern about t} at very issue of access and about traffic circulation that would go
around and through. Starf is now recommending approval of the rezoning subject to the
condition that the list of uses be added as in Attachment 2, that there be no vehicle
maintenance facility on the property, and that there be no access off of Bonnie Brae for the
1.12 acres that is being rezoned to Office-Conditioned.
Ms. Russell: Would the petitioner care to speak?
Mr. Greg Edwards: Sly name is Greg Edwards and I live at 1116 Sandpiper. There are a
couple of points that we would like to make. Liberty Christian School in my opinion is a
very good organization that provides a public service. Liberty Christian School has been a
part of the community and they are providing a very viable alternate educational system.
I really appreciate their program and what they have done over the years. They have looked
at trying to do some things to try to upgrade their facilities at this location. Their plans for
the present are to provide a gymnasium in the lower left hand corner of the property. There
r
P&Z Minutes
February 14, 1996 a~anc~ r;
Page 12 A,and3 pc
Dntc
is an existing trailer on the property that they are planning on keeping in place to provide
some storage. There is another thirty by forty building that they will also use for storage.
One of the concerns that this would become a bus barn, the school has no problem with
adding this condition to the property because it is not an intended use. At the present time
they are just proposing a gymnasium facility. It does not increase the number of classrooms
or their capacity for students at this time. There would be no change in the number of trips
that we would anticipate. It is basically an upgrade in the facility to provide better service
for the people that are already being served by the facility. We are asking for the same type
of conditioned zoning on the major portion of the site as we have, with the same conditions.
There is anarea that we are requesting SF-10 zoning. Basically this will bring this site into
compliance so that if the owners want to do a major remodeling of the residence it would
be allowed. If the facility were to burn down they would not be able to rebuild because it
would be a non-conforming use. We have had some meetings with the neighbors and we
feel that the conditions that they have addressed we will be able to live with. We feel that
those meet the concerns of the neighbors.
Ms. Russell: Does the school own all of the property except for that one area?
Mr. Edwards: No they don't. The area that is shown as Lot 2 in the SF-10 zoning is owned
by Mr. Larry Frank. He is a board member of Liberty Christian School and he is currently
living there. The school does have the option to buy that property at some time in the future
if they chose to do so. If they were to do that they would have to come back with a zoning
case to try to incorporate it into the current site.
Ms. Russell: Isn't there a gymnasium there now? Will this be of similar size and how will
they get to that facility?
Mr. Edwards: 11wre is a gymnasium there now. I believe it will be of similar size. It will
double the capacity. They will have a fire lane that will go to the front of the new
gymnasium. Mr. Nelson is currently preparing the plans for this.
Ms. Russell: What did you mean by trailer?
Mr. Edwards: It is a mobile home.
Mr. Cochran: Why is the school requesting the zoning for somebody else's land?
Mr. Edwards: Mr. Frank is a board member and he is helping the school to acquire the
land. By doing it at the same time we can save money on the zoning.
Mr. Powell: Who owns the land that is being rezoned to Office-Conditioned?
Mr. Edwards: Liberty Christian School owns that property.
Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there
anyone that would like to speak in opposition?
J
P&Z Minutes 0" 'Q?.
February 14, 1996
Page 13 oar:
Ms. Kathy Libert: My name is Kathy Libert and I live at 44 Cooper Canyon Road. 1 am
a realtor that is representing the Tom Muse family. We do have some problems with this.
There are only two homes that have the potential to be totally encircled and encompassed by
the Liberty Christian School if this other access was to be used. Mr. Muse owns one of the
' homes and the other one is owned by Mr. Larry Frank, who is a board member. 1 was
informed yesterday that Liberty dues have an option to buy that house and 1 was also told
that they would probably take that in the near future. Our three main objections are that we
have not seen a site plan for this property. I was given one yesterday but I was told that it
was inaccurate. I think that a site plan and that possible a long range plan for this property
needs to be attached to the zoning record. We are against the easement to the property to
the rear where the new gymnasium is to be built as this does give a circular pattern around
the Muse's home. I have heard that it won't be used much but it is still there and can be
used. I have to be up front with potential buyers that Liberty does have access all the way
around this house. 1 am also aware that the possibility of mixed zoning with property to the
south and the Agricultural may affect someone buying this house when they go to het
financing. Our main objection is the easement and that we don't have a long range plan or
site plan at this point. There is a sixteen foot gravel easement that is on the south of Mr.
Frank's property and it goes to this back section. We were also told that they had an
agreement with the owner to the south so that they could enlarge that easement.
Mr. Jones: Does your client have an objection to the SF-10 zoning if the easement is
closed?
Ms. Libert: If the easement is closed we have no objection to the SF-10 zoning and we are
not opposed to the Office-Conditioned zoning we would just like to see a site plan.
Mr. Powell: I am assuming that we don't have the right to ask for a site plan when they are
just doing a rezoning. Is that right or wrong.
Mr. Robbins: You can't necessarily require someone to submit a site plan but the
Commission and the Council, if they felt that they needed to see additional detail and felt
uneasy in approving you might ask to see a site plan. Some use of this land might be
inappropriate and a site plan is one way of seeing that. You can also say almost everything
that you mean to have or show on a site plan with words, but the site plan helps everybody
see what it could be. It could be a recommendation from the Commission that you would
like to see a site plan like you did with the previous case.
Mr. Bueek: You are saying that on a conditional zoning, site plan is one of the things
available to you? Okay.
Ms. Russell: Has there been any discussion about Liberty Christian buying the property?
My concern is that they would be completely surrounded by the school.
Ms. Libert: Not to me, ; know that they did make an appointment to see the property but
as you know by law the agent thzt shows it can't discuss whether or not she has a contract
with them. I have not received a contract from them and I have not heard anything from
I
P&Z Minutes
February 14, 1996
Page 14
them.
Ms. Russell: Is there anyone else to speak in opposition?
Mr. Tracy Norwood: My name is Tracy Norwood and I live at 1610 Bonnie Brae. I am not
really in opposition but I would like to see a site plan as well. I would like to know what
kind of lighting they are going to have around the gymnasium, as well as how tall is this
going to be? I agree with no easement coming across there just because of what we use? to
have coming through there. If they put :,j a gymnasium, how are they going to access it.
These are things that I would like to see answered.
Mr. Tom Muse: My name is Tom Muse and I live 1516 S. Bonnie Brae. I would just like
a clarification concerning the restriction in the zoning concerning the easement. Is that a
part of the SF-10 zoning proposal?
Mr. Reeves: Easement or no easement, if through this zoning action you say that there will
be no access to the 1.12 acres off of Bonnie Brae, then they can't drive anything through that
SF-10 lot to get back there to that piece of property. Additionally our plat process -would
make that impossible also. It is kind of a reinforcement of our plat process.
Ms. Russell: Anyone else that would like to speak in opposition? The petitioner has five
minutes to speak in rebuttal.
Dr. Dwight Gailey: My name is Dwight Gailey and I am the principal for ,;,ty Christian
School. I will try to clarify a few points. There presently are not many options available
to the school. Presently there is an eight classroom, concrete slab, elementary building,
Between that building and the main building there and two new modular classrooms, a total
of six classrooms. The Commission and the City Council gave permission for those last
year. There is a football field and in the front is student parking. There is dirt parking
down the side of the football field. There is not a future site plan of the school right now.
We learned that Butch Reeves was interested in selling his property so we talked to him
abvjut purchasing the back part of the lot. We really have no interest in the single family
dwellings. It is not an economical move to buy a single family dwelling. You have to tear
it down because it is really of no use. The classroom space is minimal if any at all. We did
not want to buy the home and Larry Frank saw it and wanted to buy the home. We did want
an option on it just because of future possibilities. The access down the side of the property
did exist and we thought it would be wonderful if we could built a gymnasium. We would
at least have the chance to park our fleet of five vehicles back there. We don't bus kids to
school except for one run that goes to Lewisville to pick up about thiq kids. We don't plan
on any other busing. We only bus kids to events such as ati retie events and competition.
We learned that the easement is not available. Our plans for the rear property still exist.
All we really need is a new gymnasium and we will really be done as a school. What we
have is a usage in this one gymnasium of approximately seventy-five foot width by a
hundred and twenty-five foot length, accommodating ten basketball teams, lunchroom
facilities, places to hold school meetings, chapel meetings and it is taxed to maximum limit,
plus having elementary PE classes and all that sort of thing, We just need a gymnasium.
r
D
P&Z Minutes dap tt
February 14, 1996 y
Page 15 A7! 'r; 1'•~
Da 1
We are planning on beautifying it. We have been there for a number of years and there is
really not anything new happening here. I do understand Mr. Muse's concern about being
surrounded but he has basically been surrounded for several years. There will not be any
additional parking. We just want have a place to park our five buses. The future of Liberty
Christian School is probably not at this site, except on a very limited time basis. The school
is not interested in taking in all of these homes here, We are trying to meet the needs of our
kids for the next five to ten years. After that we may need to seriously consider other
locations. 'There will be no public parking back in that area. We are just asking for your
support.
! Mr. Cochran: Where do we stand on that driveway?
f Dr. Gailey: It is closed. We can't use it.
Ms. Flemming: Where did the idea of the bus barn come from?
Dr. Galley: I don't know. Butch Reeves used it for vehicle maintenance.
Ms. Flemming: How long has Liberty Christian School been there?
Dr. Gailey: It has existed there since 1983 with a spwifie u.,e permit. In 1986 we changed
the zoning to Office zoning.
Ms. Russell: We will close the public hearing. Are there any final remarks?
Mr. Reeves: I just want to clarify a little bit. The
it was just rezoned to Office-conditioned last year specific use permit was done in 1987 and
Ms. Russell: You are saying that the driveway that they are using now off of Bonnie Brae
cannot be used to go bark here? That is not an easement and we can't grant an easement and
it is not going to be used, right?
Mr. Reeves: As part of the plat process our regulations would require that the driveway be
closed. This will all be platted if or when it is rezoned. The Office-Conditioned property
would be replatted with the existing Stoneleigh Addition and would be renamed the Liberty
Christian Addition. That would all be part of Lot 1, Block A and then the Single Family-10
part would be Lot 2.
Mr. Powell: Would the single family portion need to be replatted?
Mr. Reeves: No it is not a platted piece of property right now.
Mr. Powell: jr we approve the SF-10 zoning then there will be no driveway back to t1;e
property?
Mr. Reeves: Right. We are now recommending this with the new added conditions.
0
P&Z Minutes
Febntary 14, 1996 Page 16
Mr. Powell: Can the applicant live with the conditions up there?
Dr. Galley: We have to live wilvh it.
Mr. Cochran: Why do you have to live with this? Is this covered by another ordinance?
And if it is then why are we listing it as a condition?
Mr. Robbins: Yes it is. That is a variable provision of the Subdivision Regulations by :he
Traffic Safety Commission and we felt that it would be more appropriate to insure that it
couldn't be varied by some other body and that it be part of the zoning. When you do that
with the zoning then it can't be varied.
Mr. Cochran: We have the option then to either accept that condition or reject that condition
at which point they have the option to go to the Traffic Safety Commission.
Mr. Robbins: Right.
Dr. Gailey: It has been my experience that you don't change an ordinance overnight.
We came in understanding that it is a done deal.
Mr. Cochran: It has been used in the past as a driveway and 1 am not comfortable with
closing that.
Ms. Russell: Vie are talking about a residential neighborhood. We are not just talking about
Liberty Christian because there will be other schools coming in here. They are in the
process of designing now so maybe they can come up with a solution. There is the integrity
of the neighborhood here.
Mr. Bucek: 1 think there is some confusion here. Whoever the previous owner was he had
a non-conforming use in all likelihood and because this is now SF-10 you are asking for
something new. If when Mr. Frank bought the property he wanted to keep using the
property in the same manner he could do it. It is the new zoning that they are renuesting
that has changed the situation.
Mr. Powell: Why are you against the driveway Mr. Norwood?
Mr. Norwood: When I first moved in there was not much traffic on the easement and over
time the number of trucks increased. 1 believe that the driveway was a handshake deal so
that Mr. Reeves could get his equipment in and out. I don't want to see it become like it
was. I was promised a fence between the property by the school just the other day. I ant
wondering now if it is going to happen since Nye don't have any long term decisions being
made, or anything on paper.
Mr. Robbins: Mr. Norwood can 1 clarify what you mean on your opposition form. Are you
still opposed to this petition? There is some language that indicates that you didn't know
enough about it, art you still opposed?
P&Z Minutes
February 14, 1996 Apead iN I~`
Page 17 Aoenda It. ' s
Data ~ ~ 7
D
Mr. Norwood: 1 circled opposed because there was nothing presented to say either way.
I came forth with these questions because it is hard to make a decision without knowing
exactly what we are up against, or what we are doing.
Mr. Robbins: So we should read that you are still opposed to the request? The reason 1 am
asking is because we are probably getting real close to the Twenty Percent Rule. If you are
not opposed then that is important to us. I just want to make sure where you are.
Mr. Norwood: 1 just want to know all of the conditions. We are not going to have the
easement because that is not there, but are you going to propose that they put forth a long
term plan?
Mr. Robbins: That is not part of the conditions proposed.
Mr. Cochran: If they have a driveway there then you are opposed to it, if they don't have
a driveway there then you are in favor?
Mr. Norwood: Affirmative.
Mr. Cochran: If there is a condition in the motion that disallows the driveway then he is not
opposed.
Mr. Reeves: If there is no condition that says that there is no access to Bonnie Brae, our
Subdivision Regulations would require that the driveway be closed through the plat process.
Now they can go to the Traffic Safety Commission but based on our regulations in order to
use that as a driveway to go to the back it would have to be twenty-four feet wide. There
is not enough room there to do a twenty-four foot wide driveway so they are going to have
to ask for a variance at the Traffic Safety Commission of that requirement. There is also a
regulation on driveway spacing requirements and there would be a request for a variance on
that requirement. Mr. Norwood's driveway is about ten feet away from this driveway.
Nothing would preclude them from going to the Traffic Safety Commission and asking for
those variances but it is not very likely.
Mr. Robbins: The Landscape Ordinance Standards will require a fence be built along Mr.
Norwood's property line and the school. They will get to build a fence when they built the
gym. It doesn't need to be a condition of the ordinance.
Mr. Powell: I move that we recommend approval of the request subject to the following
three conditions; the list of permitted uses be as in Attachment 2, no vehicle maintenance
facility be allowed on the property, and no access to Bonnie Brae from the 1.12 acres being
rezoned Office-Conditioned.
Mr. Cochran: I'll second that.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand.
Opposed same sign. Approved. (6-0)
t
b
.f I
. low-
PTY of DENTON, TEXAS MUNICIPAL SOLOING ~ 215 E McKINNEY ~ DENTON, TEXAS 76201
(817) 566.8200 DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: February 8, 19%
SUBJECT: APPROVAL OF TAX REFUND TO GELCO CORPORATION
RECOMMENDATION:
The Tax Department has received a supplement from the Appraisal District for 1994 making a correction
to the appraised va>>e based on a protest by Gelco Corporation reducing the tax they owed in 1994.
Gelco Corp. Is due a refund which the Tax Technician recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. Gelco Corp, is due a refund of $753.52 on City Account #137795
due to a reduced appraised value.
BACKGROUND:
Gelco Corporation paid their 1994 tax in full on November 7, 1994. A supplement causing a reduction ~
In appraised value reduced the taxes due for 1994. This reduction in taxes warrants a refund of $753.52
due to Gelco Corporation.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Gelco Corporation
FISCAL IMPACT;
$753.52
"Dedicated to Quality Senice"
i
r
f
ti
City Council Report
Page 2
Apeada Ito. -all
A?ands
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Prepared by: Rick Svehla
Acting City Manager
Vic Schneider
Tax Technician
Approved:
A=AA
4loFortun-
f Finance Officer
Attachment:
AAA04013
I
pal
- Appraisal District A C A D S Y S T E M TON (C05) PAGE 2
INC. 1994 SUPPLEMENTAL FOLL 010 FOR: CITY OF DEN
NOE AND ADDRESS PROPERTY DESCRIPTION RECEIPT N CURRENT VALUES -FRIAR-VAWM-GAIN 4-MG--
PERSONAL PROPERTY - LEASED VEHICLES PERSONAL f 490,305 624,847
TAL--0R-- - - - .LOCATION:-VA4IOU8,-DENTON CITY - CAS A55E55E0 f 490,303 624,647 -134,342
17 S1TU5: DENTON CITY, RECEIPT TAXABLE f 490,303 824,647 -134,342
65 -753.53
IE. RN 55344-2517 ENTITIES: COS M 989 TAX AMUT f 2730.12 3303
(4) EXEMPTIONS: 7~'
CO 118 INC SUPP CODE : C - CHANGE
P p`` 7 CORRECTED RENDITION _ M rye
(341075)
- PERSONAL f 2,300 0
ING'S UILDLIFE STUDIO PERSONAL PROPERTY - T
YL tN FOX•4iWU0ING LOCATION: 221 LOCUST -DENTON
2112 GLEN WffjEN ST SITUS: 221 LOCUST ASSESSED f 2, 0 2,500
DETITON. TX 74207-1256 OENTON, RECEiP TAXABLE t 0 20
0 2 TAX AMT f 1 0.00 14.
EXEMPTIONS:
SUPP CODE:
LEFT OFF
--MOZ"l II
R1 (71
VILLARf~I~i.. GAS , SPACE S (MH ONLY) IMM HS 1,056 11056
ILLA - -
SSE L036 1, 0
1DE~?TTON. 'OlON-4843 ENT l?01, S05, COS COS A RECEIPT TA f 11056 11056
IONS: 3329 TAX f 5.92 5.92
CODE Y C CHANGE
JIL_ -y RL'YC r r r _-r r~-
m (323MM) LLL HS f- -
- -9, 065 4.OSS-
D 1O,-DOU0.AS LAINWOW EST-MHP, SPACE-
TEASLEY LN L7256 ONLY) SSEp f 9, 083 9. 085 5, 0
ON , TX 76205445 SITUS 3939 3EASLEY LN RECEIPT TAXABLE f 4,085 -
ENTITIES: 001,- S05, N TAX ANT f . 22.91 --50_96----'2S-
~k 7-~ -
EXEMPTIONS: HS, DP
SUPP CODE: C - 7-0
ADO. HS, .DP.-
837006 (314095) LONG Fib f 70,612
EOMONDS IHV I A0287A 0. TRACT 2, ACRES
2400 f7" RD 2 _ ..10.3297,. L. TR-3, SA
DE NTON, TX 2114 S LTU15: INGS ROW COS ASSESSED f ,620 700
820 70,
EH1'IT 10 SOS , COS IPM TTAXABLE AMT f 1.24 -44.82
C - CHANGE T fif
ACKAGE _
----~°-r --w rrr- - -
.
E
RT FIOR05OW 12/20/95 AT 21:17 O V E R P A Y M E N T S
{ OUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS
OAK FORREST CA 119.00 OVERPAY
11 50300000 95/03/13-0288 SITZES, B J OAK FORREST CR 209.28 OVERPAY
51600000 95/03/13-0289 KEY, KENT PENNSYLVANIA D 872.41 OVERPAY
51300000 95/03/13-0349 MALONE, CLARENCE E 51 170.42 OVERPAY
0 88800000 95/03/13-0482 DAVIS. DONALD JACK CFAlLLMEADOW
RESTMEADOW St 27.04 OVERPAY
E 1 46700000 95/03/13-0488 PIERCE, SUSAN DR 27.04 OVERPAY
0 70100000 95103/13-0613 CULLIVAN, KATHRYN G CMAHUCRKCHHILL 27.04 OVERPAY
r~ 0 32500000 95/03/13-0667 BAILEY, JULIA A 55.08 OVERPAY
t 0, 99300000 95/03/13-0763 JOHNSTON, RICHARD E 11 LAUREL L S ST CR 620.63 OVERPAY
p2 81400000 95/03/13-0803 EARP, JAMES B PFOKCROFT AISLEY ST 146.04 OVERPAY
g c-n 2 78300000 85/03113-0877 CALDERA. JULIE
10
79600000 95/03/14-0105 GELCO CORP "d463.OtQY PA
02863200000 95/03/14-0185 MACGREGOR. JERRY S SANDY CREEK DR 27.04 OVERPAY
17318200000 95/03/15-0015 AFV ENTERPRISE INC 2.20 OVERPAY
03509700000 95/03/15-0058 BRATERMAN, PAUL S A REBECCA H W SYCAMORE ST 0.20 OVERPAY
02467100000 95/03/19-0291 FLOWERS, R Jf FFREY JACQUELINE DR 341.77 OVERPAY
TOTAL OF OVERPAYMENTS 24,466.21
0.00
i
IIIIR~~
Ap1na W 96
r
CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEV @ DENTON, TEXAS 76201
(817) 566-8200 # DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: February 8, 1996
SUBJECT: APPROVAL OF TAX REFUND TO FIRST AMERICAN TITLE COMPANY
RECOMMENDATION:
The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer.
All completed forms and necessary documentation have been returned, requesting this refund, which the
Tax Technician recommends.
I
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. First American Title Co. has requested a refund in the amount
of $617.94 because they overpaid Robert Middle's account #116770.
BACKGROUND:
First American Title Co. made a payment of $617.94 on Nov. 14, 1995 and Mr. Middle's mortgage
company made a payment of $617.94 on Dec. 12, 1995 resulting in an overpayment. A tax refund is
due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Robert Middle
FISCAL IMPAC71
5617.94 i
"Dedicated to Qualiq, Sen-ice"
T
H
l
City Council Report
Page 2 ~ziJa t;o.
aprnd3 Ntm -ZC
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Prepared by: Rick Svehla
Acting City Manager
Vic Schneider
Tax Technician
Approved:
6Y~
Jon ortune
Chief Finance Officer
Attachment:
AAA04013
1
RM+ndA~V lixPWk++bn eoard APPLICATION FOR TAX REFU
e
~lLntuet) gone
110. '
Collecting Office Name: CITY CF ['(:^1(', A:mJ3flz
Collecting Tax For: TAX UEf'ARI14'Nf
Taxing Units)
DENTON, TEXAS 11,201
Address
City, State, Zip :ode
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In order to apply for a tax refund, the following information must be provided by the taxpayer.- _
IDENTIFICATIO OF PROPERTY 0 HER:
Name: n d rGL°,~l
Address.
Telephone Number (if additional information is needed):
IDENTIFICATION OF PROPERTY:
Description of property:
RJ b' F DcUU.SI<I .'2 [GCrG
Address or locatiort of Property. 3
Account Number of Property:
77J
/ L` `
or Tax Receipt Number: _
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for
From Which Refund Which Refund Amount of
Is Requested Is Re nested Date of the Amount of Tax Refund
q Tax Payment
Taxes Paid Requested
1
.f'itYoF rod 19
2,6j_~~j 19 19 L7. eel/
3. 19 / 19 S r $ -
/ 19 S
Taxpayer's reason for refund (attach supporting documentation):
D~ - ~,+r /yle ,
Lil, T//t tA~ o cl ~/J/S 14R(Z4 . /-~esr
A) LF rv F4'Uf~r'in~~ Q -
"I hereby apply f rthe refund-0 ilke abov"escnbed taxes and certify that the Information have given on this fo~rm~~
Is true and rr
Stgnature
Date of Application for Tax Refund
DETERMINATION FOR TAX REFUND:
Approval Disapproval
Signature of Authorized Officer
Oats
Signature of Presiding Officer(s) of Taxing
Unit(s) for refund applications over $500 Date
Any Person who makes a false entry upon the foreyo(nq record Mall be sub(eetlo an@of the following penalQos; 1. Imprlsonmantof
not more than 10 years nor foss than 2 years and/or a One of not more than 0,000 or both such and
forth In n Secflo echon 2, ?7-1.100, , Penal ercent fn ( Code. all for a term up l0 1 One
forth In
year of 0 ins notlo exceed $2,000 or both such One and Imprisonment ae NI
pEr~rq n
f
5
..t
i
can 71`Ile Company -
OW acccuNT
METAO434.2591
KINNEY SUITE #100
M,7LAAS 7690t c^
°+Z OF# 953507DN
DATE 11110195
lDRED'SEV
CRY of Denton Tax 0ffico 4FI11 CANTTL COMPANY
ow A C T
NI(O►OEATON F ` 70
+ .
~rnot u'04 1 2991V' L: L 191474 21: u'0 1 L 79 2 9M' l wvL,eo
000006 177 9941'
G',?t~`+'~`, ^•`'3 k.. . ~i c1~4Tf7~{
49
:a SN►vr `VyLtt?,16 s III {
cu r. c lssgreo 01 ~a • N>ir+~5~a ~ ~
lr) 6)
P: P, F I
4
1
REPORT F10R050W 01/05/96 AT 20:47 O V E R P A Y M E N T 5 ?A
A RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA
9 1 94/09/16-0004 COLEMAN. ROYCE ATTY FORT WORTH DR 5.40 OVERPAY
5 94/09/20-0001 REYNOLDS, TRUMAN L BRADLEY ST 2.28 OVERPAY
94/10!26-0024 MEADOR WM 0 MANHATTAII DR 3.65 OVERPAY'
94/10/31-0035 COFFEY: ETHEL I RICH FANNIN ST 1.31 OVERPAY
1 0 94/10/31-0036 BOURLAND, BURL H FORT WORTH a 6 2;53 OVERPAY
0 94/10/31-0037 GOLDEN TRIANGLE J/V OF DALLAS 2'.E2 'OVERPAY
Q 0 94/10/31-0049 MASTERS CRAFTSMAN CONTRACTORS ECTOR ST 1.11 OVERPAY
0 94/11/01-0001 PEARCE, PATRICIA M STONEGATE DR 3.09 OVERPAY
0 94/11/01-0014 BENTLEY, RICHARD R FOKCROFT CA 2.00 OVERPAY
0 94/11/21-0004 COROMETRICS MEDICAL SYSTEMS INC SCRIPTURE ST 1.74 OVERPAY
ERPAY.
0 0 94/11/28-0003. 3EAUCHAMP HICK L TEASLE~ #239 L 2
. ST 24.26 OVRPAY
20 0 0 94/12/05-0005 SIGMA CHI HOUSE CORP S AVE WECLCH 58.95 OVERPAY
0 0 94/12/06-0005 RAMA..THAI CHINESE CUISINE 7EASLEY #239 L 6.44 OVERPAY
0 0 94/12/28-0007 ,A TOMMY RICK L TARTAN CA 32.32 OVERPAY
2 0 0 94/12/28-0009 ALLEN, CHISHOLM TR 29.90 OVERPAY
2 0~0 0 95/01/13-0007 MULLING, WARREN
1 0 0 95/01/19-0006 CLARIDGE FINANCE CORP DENTON FORT TEXAS WORTH # 7 1460..555 9 OVERPAY
AY
0 95/01/20-0071 YAZKURT. I MELBA SMERT POCKRUS # 57 R $.00 OVERPAY
5099000 00 95/02/06-0082 ' GATTES,
03673200000 85/02/07^0023 BROWNE'JAMES E JA 6 MARY JANE SCRIPTURE 51 1.33 pVERPAY
03414300000 95/02/16-0029, MARLEY: THOMAS W DOTSON ST 0.10 OVERPAY
16100700000 95/02/20-0046 COWARD, DAN P/S E HICKORY S1 0.40 OVERPAY
90131100000 95/02/27-0100 RAMA THAI CHINESE CUISINE AVE C 36.67 OVERPAY
50334200000 95/02/27-0101 BEAUCHAMP, RICK L 7EASLEY #2:9 L 3.69 OVERPAY
03111900000 95/02/30-0055 BELCHER, HOMER L NEPTUNE D:, 88.46 OVERPAY
03041600000 95/02/30-0059. WINDSOR, JOHN C MILL POND ST 0.01 OVERPAY
"
02368600000 95/03/01-0127 JAMIESON. STEVEN A CHURCHILL DR 27.04 OVERPAY
51364100000 9510304-008S WEST, DENECIA POCKRUS N 41 R 0.01 OVERPAY
413239900000 96/03/05-0237 WEBER, CAROLYN J BLUEBIRD CR 117.79 OVERPAY -
02430300000 95/03/06-0070 JONES, VICKY L C41AI00EAS ST 27.04 OVERPAY
10293600000 95/03/06-0126 ESTETTER, LEE A SAGEWOOD ST 55.08 OVF90AY
10485800000 95/03/06-0130 JOHNSON, STANLEY W BROOKE ST 28.04 OVERPAY
02044900000 95/03107-0030 LOGAN, WILL SR MINOR OR 35.28 OVERPAY
02811800000 96103/07-0067 OLIVER, JO ANNE NOWICK EMERSON LN 327.33 OVERPAY
02996200000 95/03/07-0098 ROBECK, JACQUELINE t;1 W SYCAMORE :2 T 302.20 OVERPAY
031tIS00000 95/03/07-0108 KUBICEK RICHARD D JUPITER DR 256.97 OVERPAY
03111900000 95/03/07-0109 BELCHER: HOMER L NEPTUNE OR 796.28 OVERPAY
10504700000 95/03/07-0156 COLEMAN. WILLIAM M COPPER RIDGE S 366.55 OVERPAY
10478400000 95/03;07-0299 DUNLAP, KATHRYN S BRANDYWINE ST 394.18 OVERPAY
03002600000 95/03/08-0123 FERREE, DAVID G PEACH ST 294.14 OVERPAY
02977800000 95/03/08-0153 PUGH, ROBERT G BROOKFIELD LN 28.04 OVERPAY
02175800000 96/03/11-0356 SAENZ, FRANCISCO BRIGHTON OR 27.04 OVERPAY
13093300000 95/03/11-0376 OWENS, DORIS M MACK OR 117.98 OVERPAY
02880000000 95/03/11-0387 LAIRD, JOHNNY WAYNE BELLAIRE DR 55.08 OVERPAY
03194600000 95/03/12-0160 BANKS; VICKY J LA PALOMA OR 27.04 OVERPAY
02228200000 95/03/12-0263 BRIGGS, JENNIFERY J Al,-EN ST 346.30 OVERPAY
110 95/03/12 0429 MARTIN NIELS R TANGLEWOOD ST 409.57 OVERPAY
311677000000 95/03/12-0612 MIDDLE, ROBERT W DEER TR 617.94 OVERPAY
o~
02763500000 95/03/13-0620 BURKHAROT, DAVID A. STONEGATE DR 27.04 OVERPAY
03213400000 95/03/13-0253 RODRIGUEZ, MAURO A ORIOLE LN 328,64 OVERPAY
12050300000 95/03113-0288 SITZES, 8 J OAK FORREST OR 119.00 nVER?AY'
a
:t
b
1
~ Ira ~O~
AW6 sni -3
CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E WKINNEY • DENTON, TEX45 76201
(817) 566.8200 • DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Councii
FROM: Rick Svehla, Acting City Manager
DATE: February S, 1996
SUBJECT: APPROVAL OF A TAX REFUND TO T & B PROP LTD P/S
RECOMMENDATION:
The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer.
All completed forms and necessary documentation have been returned requesting this refund, which the
Tax Technician recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. Mrs. Stenek has requested a refund in the amount of
$926.51 because she overpaid the taxes for T & B Prop Ltd PIS on account #115736.
BACKGROUND:
The taxpayer's mortgage company paid $926.51 on Dec. 27, 1995 and the taxpayer paid $926.51 on Dec. I
29, 1995 resulting in an overpayment. A tax refund is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of T & B Prop Ltd P/S
FISCAL IMPACT:
$926.51
"Dedicated to Quality Service"
Y
f
City Council Report ;^eF iQ.' - O
Page 2
A,-nQa item
7fP
Please advise if 1 can provide additional information.
RESPECTFULLY SUBMITTED:
XQ~
Prepared by: Rick Svehla
Acting City Manager
Vic Schneider
Tax Technician
Approved:
Jo ortune
Chief Finance fficer
Attachment:
AAA04013
I
Sul* operation Board APPLICATION FOR TAX REF
Refund slund Application ckatlon 31.11(41e2) AgenQaik.~"~
Collecting Office Name; CITY eF AOc,ea ftemR91-tm 054 -7
Collecting Tax For:
215 = McKINNEY (Taxing Units)
Address DENTN ry r~4
City, Slate, Zip Code
In order to apply for a tax refund, the following information must be provided by the taxpayer.
IDENTIFICATION OF PROPERTY WNER:
~C . to
Name: - A vr-u 13 Z-1 r
Address: _ aW VSr _ a f zb5 z
Telephone Number (i1 additional information is needed):
IDENTIFICATION OF PROPERTY: n
Description of Property: _62Ca Y,Ei a4-r/E.1 A-Z)Vfy, &t,06~ r I~vY &,4C6s ~z53
Address or location of Property: V /Cvr~ - g /c o [ ~Sr
Account Number of Property: _.LZ ZZ or Tax Receipt Number:
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested is Requested Tax Payment Taxes Paid Requested
1.CIry OF zru70/J 19 / -27/ 19 1-5 5 9016.5/
2.4.LY-OE ?1~) o,u 19 5 !z z9 / 19 . $ $
3. 19 /19_ $ 5-
Taxpayer s reason for refund (attach supporting documentation): r Y %A ~ M Vet APD ZjV l2
A1XTEAG f (1mZ4V y £ACN A412 I- TAX15 OA) M/5 14-11CC L ,
/J~QS ~iEl~ l6 J~u1 f4fr/Ne', .4 ,kf~-uND nP TNT OU~~PA ✓htf~tT
"I hereby apply for the refund oflh ab a described toes and certify that the Information I have given on this form
is I" and ect." ,
Signature Date of Application for Tax Refund
DETERMINATION FOR TAX REFUND: Approval Disapproval
Signature of Authorized Officer Date
Signature of Presiding Officer(s) of Taxing Date
Unit(s) for refund applications over $500
Any person who makes a false entry upon the foregoing record shall besub]eNtooneofthefollowing penaltles; 1. Imprfeonmentof
not more than 10 years not less than 2 Years and/or a fine of not more than $5,000 or both much fine and
Imprisonment; 2. confinement In )ell for a term up to 1 year or a line not to exceed $2,000 or both such fine and Imprisonment as set
forth In Section 37.10, Penal Code.
PEtwA N H
r
r
T 6 B PROPERTIES, LTD. Apes?a Itch
2026 SOUTHRIDGE PH 817 W-NSd
DENTON. TEXAS 76205 0,3I.J.-TITltR~
rirTUT;{r ~ ' /
OOLIANS
ptv5.ldenrSank. Denton
00 Do, 50J% . um S. l.dac
(93')WA119.Dftu'Tn d /
7 V O L)0 6U
1 2?6 3C 3000 2 38 6 3400407
0,000009 26 5 to,
I r;T Tr~''PENTOVy'- T
f .i
t-,...
UII.I oil: ;jotslitl1 7
4"1.01 f kil)
E9ne
0, G 8U-4
E e
2
4OitE OR05DW 01/24/96 AT 19:44 O V E R P A Y M E N T S P1
NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PO
000 94/11/21-0004 COROMETRICS MEDICAL SYSTEMS INC SCRIPTURE ST 1.74 OVERPAY
000 94/11/28-0003_ BEAUCHAMP, RICK L TEASLEY #239 L 24.25:OVERPAY.
000 94112/05-0006 SIGMA CHI HOUSE CORP S WELCH ST 58.95 OVERPAY
00094/12/06-0005 RAMATHAI CHINESE CUISINE AVE C 37.64 OVERPAY
00094/12/28-0007 BEAV,:4AMP,RICK L TEASLEY #239 L6.44 OVERPAY
000 94/12/28-0009 ALLEI,TOMMY TARTAN CR 32.32 OVERPAY
000 95/01/13-0007 MULLINS, WARREN CHISHOLM TR 29.90 OVERPAY
000 95/01/19-0006 CLARIDGE FINANCE CORP DENTON TEXAS 16.55 OVERPAY
000 95/01/20-0071 YAZKURT, ISMERT FORT WORTH # 7 40.59 OVERPAY
000 95/02/06-0082 CATES, MELBA POCKRUS # 57 R 1.00 OVERPAY
00095/02/27-0100 RAMA THAI CHINESE CUISINE AVE C 36,67 OVERPAY
000 95/02/30-D055 BELCHER.HOMER L NEPTUNE OR 88.46 OVERPAY
00095/03/07-0030 BAY LEE LEASING INC MINOR OR 35.28 OVERPAY
11 oOO 95/03/07-0067 OLIVER, "JOANNE NOWICK EMERSON LN 327.33 OVERPAY
02996200000 95/03/07-0098 ROBECK, JACQUELINE M W SYCAMORE ST 302.20 OVERPAY
03111600000 95/03/07-0108 KUBICEK, RICHARD 0 JUPITER DR 258.97 OVERPAY
03111900000 95/03/07-0109 BELCHER. HOVER L NEPTUNE DR 296.28 OVERPAY
10504700^00,68/03/07-0166 HALL, MICHAEL 'G COPPER RIOOE S 366.55 OVERPAY
10478400000 95/03/07-0299 STUDNICKT,'RAYMOND S BRANDYWINE ST 394.18 OVERPAY
03002600000 95/03/08-0123 "FERREE. DAVID G PEACH ST 294114 OVERPAY
0222820000095/03/12-0263 -BRIGGS, i,JENNIFERY J AILEEN ST 346.30 OVERPAY
`11677060000 95/03/12-0612 MCDADE, JONNIE L DEER TR 617.94 OVERPAY'
03213400000 95/03/13-0253 RODRIGUEZ, MAURO A ORIOLE LN 328.64 OVERPAY
12050300000 95/03/13-0288 SITZES, 6 J OAK FORREST CA 119.00 OVERPAY
12051600000 95/03/13-0289 KEY, KENT OAK FORREST CA 209.29 OVERPAY
02751300000.95/03/13-0349..:MALONE, CLARENCE E - : PENNSYLVANIA D 872.41 OVERPAY
08188600000 95103/13-0482 `DAVIS,;DONALD -JACK FALLMEADOW ST 170.42 OVERPAY
02481400000 95/03/13-0803 EARP, JAMES 8 FOXCROFT CA 520.63; OVERPAY
02fj78300000 95103/13-0877 CALDERA;;JULIE PAISLEY ST 146..04 OVERPAY
03,3ir-000000 95/03113-0941 BERRY, LINDA K E MISSION ST 540.93 OVERPAY
13179500000 95/03/14-0105 GELCO CORP 753.52 OVERPAY
17318200000 95/03/15-0015 AFV ENTERPRISE ]NC 2.20 OVERPAY
02178300000 95/03/22-0115 POWERS, BOB C FOWLER OR 20.00 OVERPAY
-0751030000095103/27-0649HAAG,LEIFG TIMBERGREEN CA 940.40 OVERPAY
16677700000 95/03/28-0076, BALOINGER, BRIAN D JIM CHRISTAL R 10.42 OVE?PAY
03258900000-95/03/28-0184 PIERCE, WILFORD E W CONGRESS ST 35.93 OVERPAY
.16677600000 95/03/28-0229 -BALOINGER, BRIAN D -JIM CHRISTAL R,, _ 1.14 OVERPAY
09431200000 95/03/28-0358FORD,-LINDA P MACK PL 31.99 OVERPAY
11680300000 95103/28-0429 MILLER-MANNS, TONSI P 4 FOX HOLLOW ST 645.68 OVERPAY
02751100000 95/03/28-0462 FOLSE, W LEE RIDGECREST OR 730.55 OVERPAY
02432000000 95/03/28-0564 PATTON. GREGORY F LINDEN DR 305.49 OVERPAY
17898400000 95/03/28-0567 SUTTON, RUSSEL C CHARLESTON CT 900.00 OVERPAY
02391000000 95/43/28-0594) MILLER, BRENDAIJ HETTIE<ST 56.0B OVERPAY ,
10323900000 96703/28-0642 :DEKEMP,.RACHEL H LATTIMORE ST 41.71 OVERPAY
10326400000,95/03/28-0643 MCNATT CONST INC LATTIMORE ST 40;50 OVERPAV
02266700000 95/03/29-0270 BOWDEN, JACK M - WESTWAY ST 223.59 OVERPAY
03381400000 95/03/29-0402 SORRELLS, RANDY OEWAYNE SCRIPTURE ST 388.20 OVERPAY
73072300000 95/03129-0471 BRADSHAW DURWARD B JR SE :LLf RD - 1.320.d6 OVFFAPAY
11573600000 95/03/29-0772 d P L S E HICKORY - 81 926.51 OVERPAY -
Y RPA
15479500000 95/03/29-0966 5 M A R RANCH 1.74 OVERPAY:
026,70000000 95/04/02-0380 SIMMONS." BARTUMN FORDHAM LN 117.78 OVERPAY
t
F
o
Awa >da -U
low C2 ;ig q ^ -Cqi 1P
i
RD
CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E WKINN&Y • DENTON, TEXAS 76201
(817) 566.8200 • DFW h ETRO 434.2529
' CITY COUNCIL REPORT
TO: Mayor a,ad Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: February 8, 1996
SUBJECT: APPROVAL OF A TAX REFUND TO TONSI P. MILLER-MANNS
RECOMMENDATION:
The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer.
All completed forms and necessary documentation have been returned, requesting this refund, which the
Tax Technician recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds In excess of $500.00 Mrs. Miller-Manns is requesting a refund in the amount of
$645.68 because she overpaid her account #116803.
BACKGROUND:
Fleet Funding made a payment of $645.68 on December 28, 1995 after Mrs. Miller-Manns had made
a payment of 5645.68 on December 27, 1995, resulting in an overpayment. A tax refund is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Tons! P. Miller-Manns and Ricky Manns
FISCAL IMPACT:
$645.68
"Dedicated to Quality Service"
f
b
F
S
City Council Report agenda ra.
Page 2 Agenda lt:m -
Date
Please advise if I can provide additional information,
RESPECTFULLY SUBMITTED:
Prepared by: ,
Ric Svehla
Acting City Manager
Vic Schneider
Tax Technician
Approved:
ion ortune '
Chi f Financ frcer
Attachment:
AAA04013
1
i
J
State Propplic Tax 91,10 APPLICATION FOR TAX REF S
Refund Applkatlon 31,11(4/92) )Wd7 NO..
Agenda hem ?L
Collecting Office Name: r - X20 5:7z-
Collecting Tax For: - r r. v 1, • . ,
III! E MitKtfjNt_y (Taxing Units) -
OWTc~N yfAAS 11,9,11
Address
City, State, Zip Code
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In order to apply for a tax refund, the following infcrmation must be provided by the taxprxyer. - -
IDENTIFICAJON OF PROPERTY OWNER;
Name: OA5 f /e_cA:-,e -/I ,t1AJ5 ~LICkV ZnhVO .5
Address DS oyc ooc-ccri uTCU c~ 7~z.~5- 3
Telephone Number (if additional rnformation is needed): _
IDENTIFICATION OF PROPERTY:
Description of Property: _ 1/ 1E GCJc~vZ)tA~s p¢ TcyNSNly o2~ ljcorK G'J A(Z);- /,,p
Address or location of Property.
- occoov r
Account Number of Property: JU 3 or Tax Receipt Number.
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
I
s Requested Tax Payment Taxes Paid Requested c/
Is~RLeques_ted De A) 19 $
19 $
2. aYV of~uro.J 19 dd / 19 5 Z S4 $
3. 19 / 19- s $
Taxpayer's reason for refund (attach supporting documentation): :f/f ~i4rC 0/~s/ Al1D Nfc~
/1~oeT~yq~xf (1,, elkg e4lD rhtt r4xf5 ew 1;41.5 bleeft A15
~ccf~- AJNs /5 .iJ ,t~L ,uFST/tip /j ~fduuD of TNe: 6VEKPQY1,y,'&t .
"I hereby apply for the refund of the above-described taxes and certify that the information I have given on this form
is true and correct."
Signature Date of Application for Tax Refund
DETERMINATION FOR TAX REFUND; Approval Disapproval
Signature of Authorized Officer Date
Signature of Presiding Officer(s) of Taxing Date
Unit(s) for refund applications over $500
Any person who makes aFels* entry upon the tofegoingrecord shall be sub)eclitoone oflhefoFlowingpenatllee; 1. Imprlsonmentof
not more than 10 years nor lees than 2 years and/or a One of not more than $5,000 or both such One and
Imprisonment; 2. conhrement In )all for a term up to 1 year or a Ora not to exceed $2,000 or both such One and Imprisonment as set
lorth In Section 37.10, Penal Code.
AEruNo 31 ti
r
91/22/96 22.21.14 214-980-7882-> DENTON f~F1f~CNER rfe
TONSI P. MILLEH'MANNS A3 03lfc
AICKY c og., E. fl}
' 5:'.1T .
LI4 JY 16 2 3
14 Q` FOX HOLLOW' J'1'. ,J'J'9
! JEN7(uJ. TER%•S i5b)7 , r. Jc~ ~~,9 6101
i 1 l
IJNd!f ;h0;rgh w>t N~.7, 6~h.,n rt tll !1, fJr^mJ ~r m:0. lY
OmfaJ}Arm7eacl,sndqdllUnlon AC,;T r i:0931?)
JCN:R; svtp.s
1.0" 744,, ly
Y 111904 50 3+: 6 10 1000070 5 c'r q 30 6 2 3 800000064 5~S,t''' ,
I `~I i I,I i•i~'11'r r ^71; 1 \.rS T~[I~J.I,.
.1 i, i..l. ~I { .1.._} ~ ~S ~ y ,pfd 1 M1 ,
•ti .I; Ji."~''l.'f:~r 1^,II,.Y~.Z._-f(;f~;(~° ~•1..
E'{ f'• j S 1 ` 'Mb 17th 1 d jej1~+ e'
i•+IC I r r ,
}r ~
~•c r. e~ 'Y
to f, rl !(k77
3 ti (1 t 1 1
: J rl f 1 ~ 3 ~ .4
P S C r ,•J ~ ~ fyy •
rMU
L
,wr a sr bz',
y •
C
I f
ROSOW 01/24/96 AT 19:44 O V E R P A Y M E N T S Pi
I0 RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF Po
00 94/11/21-0004 COROMETRICS MEDICAL SYSTEMS INC SCRIPTURE ST 1.74 OVERPAY
0 00 94/11/28-0003- BEAUCHAMP, RICK L TEASLEY #239 L 24.25 OVERPAY
0 0094/12/05-0005 SIGMA CHI HOUSE CORP S WELCH ST 68.95 OVERPAY
q 3 0094/12/06-0005 RAMA THAI CHINESE CUISINE AVE C 37,54 OVERPAY
00 94/12/28-0007 BEAUCHAMP, RICK L TEASLEY #239 L 6.44 OVERPAY
0 00 94/12/28-0009 ALLEN, TOMMY - TARTAN CR 32.32 OVERPAY
Q 00 95/01/13-0007 MULLINS, WARREN CHISHOLM TR 29.90 OVERPAY
d 00 95/01/19-0006 CLARIDGE FINANCE CORP DENTON TEXAS 16.55 OVERPAY
2 1 0 95/01/20-0071 YAZKURT, ISMERT FORT WORTH # 7 40.59 OVERPAY
0 0 0 95/02/06-0082 CATES, MELBA POCKRUS # 57.R.. ..1.00 OVERPAY
OL~O 095/02/27-0100 RAMA THAI CHINESE CUISINE AVE C 3B.67 OVERPAY
3 1 0 0.35/02/30-0055'.BELCHER, HOMER L NEPTUNE 09 -'88.46 OVERPAY
2 0 095/03/07-003D BAY LEE LEASING INC MINOR OR 35.28 OVERPAY
2 0 0 95/03/07-0067 OLIVER,`JO ANNE NOWICK EMERSON LN 327:33 OVERPAY
2 0 0 95/03/07-0098 ROBECK, JACQUELINE M W SYCAMORE ST 302.20 OVERPAY
31f1 0 0 95/03/07-0108 KUBICEK, RICHARD D JUPITER DR 258.97 OVERPAY
0 95/03/07-0109 BELCHER, HOMER L NEPTUNE OR 296.28 OVERPAY
10504740000 95/03107-0166 -HALL, MICHAEL G COPPER RIDGE S 366.55 OVERPAY
104784,00000 95/03/07-0299 STUDNICKI, RAYMOND 5 BRANDYWINE ST 394.18 OVERPAY
03002600000 95/03/08-0123 FERREE,-DAVID 0 PEACH ST' 294.14 OVERPAY
02228200000`95/03/12-0263 r. BRIGGS, JENNIFERY J AILEEN ST 346.30 OVERPAY
11677000000 95/03/12-0612 MCDADE, JONNIE L DEER TR 617.94 OVERPAY
03213400000 95/03/13-0253 RODRIGUEZ, MAURO A ORIOLE LN 328.64 OVERPAY
12050300000 95/03/13-0288 SITZES, B J OAK FORREST CR 119.00 OVERPAY
12051600000 95/03/13-0289 KEY, KENT OAK FORREST CR 209.29 OVERPAY
0275130000095/03/13-0349 MALONE,.CLARENCE E PENNSYLVANIA D 872.41 OVERPAY
08188800000 95/03/13-0482 '.DAVIS,<DONALD JACK FALLMEADOW ST 170.42; OVERPAY
02461400000 95/03/13-0803 EARP, JAMES B FOXCROFT CR 520.63 OVERPAY
02978300000 95103/13-0877. CALOERA, JULIE PAISLEY 'ST 146.04 OVERPAY
03616000000 95/03113-0941 BERRY, LINDA 'K E MISSION ST 540.93 OVERPAY
13779500000 95/03/14-0105 GELCO CORP 753.52 OVERPAY
17318200000 95/03/15-0015 AFV ENTERPRISE INC 2.20 OVERPAY
02178300000 95/03/22-0115 POWERS, BOB C FOWLER DR 20.00 OVERPAY
07610300000 95/03/27-0549 HAAG. LEIF G TIMBERGREEN CR 940.40 OVERPAY
16677700000 95/03/28-0076 BALDINGER, BRIAN D JIM CHRISTAL R 10.42 OVERPAY
03258800000 95103/28-0184 PIERCE,.WILFORD E W CONGRESS ST 31.93 OVERPAY
16677600000 95/03/28^0229 BALDINGER. BRIAN D JIM CHRIS,TAL R -1,14 OVERPAY
3199 OVERPA
0943100000 95709/26-0358FORD LINDA P MACK PL
11680 S8985lSS 03 2 - 4 -MA7fT~, d FOX HOLLOW ST 645.68 OVERPAY
02432000000 95/03!28-0564 PATTON, GREGORY F LINDEN DR 305.49 OVERPAY
17898400000 95/03/28-0567SUTTON, RUSSEL C CHARLESTON OT 900.00 OVERPAY
02391000000 95/03/28-0594 'MILLER, BRENDA J HETTIE ST 660B OVERPAY
10323900600 95/03/28-0642 :DEKEMP, RACHEI. H LATTIMORE;ST 41.71 OVERPAY
10325400000 95/03/28-,0643 MCNATT CONST ]NC LATTIMORE'ST 40.501 OVERPAY
02265700000 85/03/29-0270 BOWDEN, JACK M WESTWAY ST 223.59 OVERPAY
03381400000 95/03/29-0402 SORRELLS, RANDY DEWAYNE SCRIPTURE ST 388.20 OVERPAY
13072300000 95103/29-0471 BRADSHAW, DURWARD B JR SEVILLE RD 1,320.46 OVERPAY
11573600000 95/03/29-0772 TdB PROP LTD P/S E HICKORY - 81 926.51 OVERPAY
13431100000 95/03/29-0903 KNIGHT 6 MILLER P/S SHADY OAKS OR' 22.03 OVERPAY
15479500000 95103/29-0968 5 M d R RANC 1.74 OVERPAY
02670000,000 95/04/02-D380 SIMMONS, BARTUMN FORDHAM LN 1t7.78 OVERPAY
I
T
G
i
• tIQMQt Ita.. ~
Apendt lttm -
ORDINANCE NO. Oita - U-
AN ORDINANCE AMENDING ORDINANCE NO. 95-215 RELATING TO THE AWARD
OF BID NUMBER 1805 FOR THE PURCHASE OF CEMENT, LIME AND AGGREGATE;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City on November 11, 1995 authorized the purchase of bulk cement,
from Redi- Mix per Ordinance No. 95-215; and
WHEREAS, the City desires to resend award to Redi Mix for Bid Item #3 and award
the purchase of Bid Item 1$3 to TXI; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That Ordinance No. 95-215 is hereby amended to provide for the
purchase of bulk cement from TXI pursuant to the terms of Bid Number 1805.
SECTION H. That Bid Number 1805 is hereby amended to provide for
additional compensation of $7.28 per ton; payable to TXI as required.
SECTION 111. That the funds for this amendment are to be expended from the
City's Street Maintenance and Construction funds approved by the City Council in the 1995-
1996 Budget.
SECTION IV. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED THIS THE day of 91996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY,CITY ATTORNEY
BY:
045.0RD
i
t
e
DA
CITY COUNCIL REPORT Apen9a uo.
A:en;o 17:n
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1805 CBULK CEMENTE , LIME MENTAND AGGREGATE RE-AWARD OF ITEM 3
RECOMMENDATION: We recommend the award for Bid Item #3, Bulk Cemem, be withdrawn
from Redi Mix and re-awarded to TXI.
SUMMARY: Bid item 3, Bulk Cement for soil stabilization, was awarded to Redi Mix on
November 1, 1995 as the lowest bidder at $75.00 per ton. Redi Mix has withdrawn their offer since
they no longer have access to spreader trucks. TXI has agreed to accept the bid award as the next
lowest bidder at 582.28 per ton. They use their own spreader trucks and can meet the delivery
requirements.
BACKGROUND: Tabulation Sheet, Ordinance 495-215.
PROGRAMS, DEPARTMENTS ORGRO.UPS AFFECTED. Street Department, Construction
and Maintenance Programs.
FISCAL IMPACT: Funds to purchase this item are available in the 1995-96 fiscal budget, CIP and
bond funds.
Respectfully submitted:
Rick Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, CPM
Title: Purchasing Agent
692.ACENDA
1N,07 CEMENT, LIMB, I AGGREGATE MAROCK DEN70N R EpI-MI% YULAH Ba 0 CIA RCHF4iCAL 6iF1'ORD
INC. SANDA MATERIALS SAND STEVEN9 LIMECO HILLi CO'
SEPTEMER 26, 3997 GRAVEL PACE 1 OP 3 !Y OFSCRIPTION T VCND00. YEND00. YENUOR VENDOR _ YE4DOR VENDOR VdNOOR VENDOR ydF UOR
SECTION A F
00 A IS I PORTLAND CEMENT PER SACK 1 i ~I
LBS DELIVERED TO CITY 94/ 11
IN TRUCKLOAD OUAN IITIES NO BID 14,30 NO BID NOB1D NOSID NO BID NO BID NO BID NO PID
4CU HULK PORTLAND CEMENT
TRU CKLOAD DELIVEREDTO
PLANT NO BID !77.3) NO BID 777 00 NO BID NO BID NO H1D NO BID NO BID
! TYPE 1 HULKCEMENT
DELI VERED 70708 SITE 40 BID 312.31 N081D O BID NO B1D NO BIO N'O WD
READY MIXCONCRETS 3SACK MIX NO BID 176.00 NOB1D 37700N081D NO BID NO 810 NO HID NOSID
I 1
S, 1 CU YARD T 14 JACK MIX NO BID $41.77 NO BIO 138,60 NO BID NO BID NO BID i NO 8I1) NO BID
i 6. COMBINED k I SACK MIX NO HID 140.00 NO BID I $76.40 N4 BID I NO BID NO BID NO BID NO BID
CU YARD V
'7,4-ICU YD 3000►SI-6.7 WRA NO BID $33.27 _ NO BID 31340 NO SID. NO BID NO BID NO BID ' NO BID
I
e. CUYARO )GOO PSI WITH PLY ASH 20b MAX 751 I
TR% TIME IP APPLICABLEI NO BID .37 N/A NO BID 85450 N/A NO BID
NO BID NO BID 1 N08ID N081D
SMALL LOAD CHAROE IF APP.{ NO BID 1 N/A NO BID N'A NO BTD NO BID NO BID NO 81D 40610
SACK ADJUSTMENT 1-_- PER ,
SACK NO BID $330 NO BID _ • $440 DOWN NO BID 40 BID i NO BID NO BID NO BID
SECTi ON B .
9. 1000CY FIELD SAND - BACKPILL IT 1).77 111.50 •i(.7f __I6,30 NO JID $3.70! $3.71 NOBID NOWD
t10. 1000 TNS I IT SAND (CONCRETE) I 11.36 313.37 i919~_ $9.27 1 N T BID 113.25 3 '-$9.60 i NO BID NO BID_
K
fl
F
I C
EMENT, LIME, &AGGREGATE MAROCK TX) DENTON REDI-MIX VULAN 8 R B GARY CHEMICAL GIFFORD
INC. SAND R MATERIALS SAND STEVENS LIME CO HILL l CO
SEPTEMFI '6, 2997 GRAVEL
Y BE ESCRI(TINNY) COHC DION MI TURFVEND fi 61 VF'ND S'i7 YBN DOR MANUFACTURED SAND FOR i
31.03 $6.01 NO BID 11.70 31.00 NOBID 31.22
RETE
~ IN
12.. 1100 CONCRETE AUOREOATE CLASS
o~ E A)/1'-04 ROCK(REWASHED AND I E
SCREENED 35.76 $0.97 37.71 19.27 $13,31 $10.17 $9.93 NO BID If, 72
N
1 CONCRETE AGGREGATE)/1-DOWN
CID ROCK $11.0 39.96 110.17 NOBID 110.77 HA3 I NORIO It 72
TYPE A, GRADE 1 FLEXIBLE BALE 37.36 35.00 16.11 16137 113,64 $161 i 16.27 ' NO BID NO BID
li 11. 1 000 TNS CRUSHED STONE 05-20KFOR ICE R ALT '
SNOW CONTROL. OF CITY STR CETJ__ "17.01 $900 38.77 NO SID_ 171_64___ _ 16.56 3907 __NO BID $5 22
r10 7500 CY SCREENED SAND 8720_ $13.17 •_$e 00 $610 NO BID 6700 31.77 NO BID YNOSID
- IT-- -yl- T I
f 17. 200 TNS 11 2/2' ROCS, LIMHSTONE(WASHED •
SCREENED {-$41.10 $9.97 $996 NO BID 31344 1t0.03 10.98. NO BID 39.72
36. I 100 TN5 1- 1'-41' RIP RAT LIMESTONE $9.11 $37.17 19.90 1 NO BID 11733 !10,03 311.E I NO BID 111.47
SHCTIONC-
19. 410'000C/LBS ( SULK TYPE A HYDRATED LIMB 171.Ot1/$N
'NILIUM TRK DELIVERY. CILSS NO BID NOBID NO BID NO BID NO BID NO BtD 31 TNS NOBID _
I i
AXIMUM TRK DELIVERY. C/LBS NO 810 NOBID NOBID NO BID No BBID NOBID 20THS NO BID_
x.30.1500, 00 CIL B S BULK TYPE B SLURRY LIME -T $1915GN 1
INIMUM TRK DELIVERY. CILSS NO BID NO BID NO BID NO SID NO BID NO BID 6 TN NO BID
AXI MUM TAX DELIVERY. C BS NO BID NOBID NO BID NO SID Na 81D NO B10 11 TN NOBID
-CUSHIONED ' J3.70ITM • OR 3A0 U! FOB
.SAND TARRANT
ALT. '-34.701" COUNTY
1141.77 C Y
TRADER LOAD
" ICE CONTROL
SAND • LT.
` 141
1
i
S
w
ORDINANCE NO. tyand~ I':n
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1805 1 TXI EXHIBIT A
1805 2-8,10 REDI-MIX EXHIBIT A
1805 9,16 B & B SAND EXHIBIT A
1805 11-15,17-18 MAROCK EXHIBIT A
1805 19-20 CHEMICAL LIME EXHIBIT A
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terins, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
f
t
fi~
AOenda No. -D
SECTION IV. That by the accapta;•ce and ap ~~va~fro LV7 EF-~Gf
numbered items of the submitted Was, the c ° 1e
authorizes the expenditure of funds therefor in the amount an n
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this
day of AAAP~ 1995.
BOB CASTLEBERRY, MAY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
a
EXHIBIT A Agenda IJO.
ITEM ~,pE$CRIPTION _ ~ VENDOR -
1. PORTLAND CEMENT
2. BULK CEMENT-PLANT TXI $ 4.50 EA
3. BULK CEMENT-JOB SITE REDI-MIX $75.00 TN
4. REDI-MIX READY MIX CONCRETE 5 SACK REDI-MIX $75•~ TN
5. READY MIX CONCRETE 1.5 SACK RED(-MIX x•60 TN
6. READY MIX CONCRETE i SACK REDI-MIX $36.60 YD
7. CONCRETE 3000 PSI 4.5 REDI-M)X $36.40 YD
8. CONCRETE 3000 PSI FLY ASH REDI-MIX $51. 0 YD
9. FIELD SAND-BACKFILL B & B SAND $51.50 YD
10. PIT SAND-CONCRETE REDI-MIX $ 9.25 YD
11. MFG SAND-CONCRETE $ 9.25 TN
12. AGGREGATE 3/4 MAROCK $ 7.61 TN
13. AGGREGATE 3/8 & DOWN MAROCK $ 8.86 TN
14. FLEX BASE MAROCK $ 8.86 TN
15. CRUSHED STONE(ICE CONTROL) MAMAROCK ROCK $ 7.36 TN
16. SCREENED SAND B & 8 SAND $ 7.0 TN
17. LIMESTONE 1 112 $ 5.00 CY
18. LIMESTONE RIP-RAP MAROCK $ 8.86 TN
19• HYDRATED LIME MAROCK $ 9.41 TN
20. SLURRY LIME CHEMICAL LIME $74.00 TN
CHEMICAL LIME $89.75 TN
i
r
0
i
AWds
ORDINANCE NO, Aowa nem 74
1001__d 0- - AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of tike materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-L That the num Bred items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1852 ALL COLLIN COUNTY FORD $ 37,192.00
1853 ALL AIS CONTINENTAL
1854 ALL $ 82,800.00
MARTIN EQUIPMENT $ 72,328.00
1860 1 TOTAL TRUCK $ 4,845.00
1860 2,5 FONTAINE TRUCK
1860 3 $ 8,029.00
A G VAN $ 17,560.00
1860 4 FLEET TRUCK $ 2,961.00
1861 ALL BOBCAT OF MCKINNF,Y $ 20,500.00
1862 ALL ZIMMERER KUBOTA OF DENTON $ 29,176.00
1863 ALL BOBCAT OF h4CKINNEY $ 60,400.00
1866 2,4,5,7 DPC IND.
1866 3 EXHIBIT "A"
ADVANCED CHEMICAL EXHIBIT "A"
1866 6 CARUS
EXHIBIT "A"
1866 g FI;3 INC. EXHIBIT "A"
1866 9 SCHOLLE CORP. EXHIBIT "A"
1867 1,2,4 ADKINS LANDSCAPING
$ 7,925.00
1867 3 WOLFE NURSERY $ 503.82
1867 5,14 N.T. NURSERY $ 1,660.00
1867 6,7,10,11,13 NOLES ENTERPRISES $ 4,852.60
1867 8.9,12 TAWAKONI PLANT FARM $ 3,220.44
CHECK REQUEST UPPER TRINITY REGIONAL WATER $ 21,639.74
DISTRICT
r
0
t
AgendA No.
Agenda VIM 1 nn ]
t}4:Y i~ %1ll/ --Cl
SECTION. II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION_IY. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with 4,' approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance si:all become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLYMD
t
BID # 1866
BID NAME WATER TREATMENT ADend: No.
CHEMICALS A,-,end II^
OPEN DATE FEBRUARY 6,1996 TTa ' 1
i_DESCRIPTlON VENDOR - UNIT COST EXHIBIT "A"
2 SULFUR DIOXIDE DPC IND. 550.001 TN
3. FLUROSILICICACID ADVANCED 0.08901 TN
CHEMICAL
60% CAUSTICDIAPHRAGMGRADE DPC IND. 314SOITN
5. SO% CAUSTIC RAYON GRADE DPC IND. - 435.001 TN
6 KMN04_, _ CARUS 2.7281 KB
7. ANHYDROUS AMMONIA DPC IND. 0,2751 LB
8• 50% FERRIC SULFATE FE31NC os-ll B
9 SULFURIC ACID SCIOLLECORP 60.001TN
t
w
DATE: FEBRUARY2
CITY. COUNCIL REPORT
Apenda Item
TO: Mayor and Members of the City Council ~51z r
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1852 - TRACTOR 85 HP 4 WHEEL DRIVE
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification, Collin County Ford, in the amount of $37,192.00.
SUMMARY: This bid is for the purchase of a four wheel drive 85 horsepower diesel tractor. The
unit will be assigned to the Drainage Division and be utilized primarily to pull a l5' batwing mower
to maintain drainage areas and floodway. The instability of the drainage area surface required the
four wheel drive capabilities and the large horsepower rating.
The $68.00 lesser price offered by Mega Equipment fails to meet specifications for tire size and
parts/service availability. The Zetor Tractor is made in Czechoslovakia and currently has a very
limited parts/service program, Most parts are only available directly from the Czechoslovakia
factory with a 2 week minimum delivery schedule. Representatives from Fleet Services have visited
M^.ga Equipment and have determined that currently the tractor cannot be supported to our required
standard.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Drainage Division and Motor Pool
Operations.
FISCAL IMPACT: This unit will be funded by the Motor Pool lease program and the using
department will make payments from budget funds over a 36 month time period.
Respectfully submitted:
Rick Svehla
Acting City Manager
Approved:
Name. Tom D. Shaw, CPM
Title: Purchasing Agent
694.AGENDA
s
4
ti
.S
ti
F
1852
B11) IV E TRACTOR - 85 HP 4 MEGA COLLIN CO. MCMASTER G & G FUTURE ZIMMEMER
WHEEL DRIVE EQUIP. FORD FORD TRACTOR EQUIP. KUBOTA
E JANUARY 30,1996 TRACTOR TRACTOR
1TY _ DESCRIPTION ; VENDOR I VENDOR VENDOR VENDOR VENDOR ' VENDOR
TRACTOR-85HP 4 WHEEL
L -_---_-_---Dl% - 337,124.00 537,192.00 $37,600.00 538,129.00.___ 337,859.001 $40,489_83
$ H
....MODEL 9640 ~ 7740 7740 ` -7740 4240 ~ M9580
< MAKE ~ ----i-
;LET OR FORD FORD G _ FORD CASE KUBOTA
ADDENDUM YES YES YES YES YES YES
i~ DELIVERY 90 DAYS 30-120 DAYS 21 DAYS 120 DAYS 130 DAYS 30 DAYS
f
NU BID RESPONS ES-_-l
I
CLEMENTS TRACTOR
~ i
it
it I
I I I
i
f
J
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT
Agenda 14
TO: Mayor and Members of the City Council Agenda Nt
t)ate_~ -~0- G3G~
FROM: Pick Svehla, Acting City Manager
SUBJECT: BID # 1853 - USED TELESCOPIC BOOM EXCAVATOR
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification, AIS Continental, in the amount of $80,250.00 for a 1991 Gradall Excavator
plus $4,800.00 for a optional grapple assembly, less $2,250.00 trade-in of our salvage 1974 model
excavator. Total bid award $82,800.00.
SUMM,kRY: This bid is for the purchase of a used telescopic boom excavator meeting a
minimum specification. The unit will replace a 1974 excavator no longer in operating condition.
The replacement unit has been inspected by Fleet Services staff and determined to be in good
working order. The :utit carves a 12 month or 1500 hour warranty. A new unused unit is estimated
to cost in exces3 of $200,000.00.
BACKGROUND. Tabulation Sheet
PROGRAMS, DEPARTAIENTS.OR GROUPS AFFECTED: Drainage Division and Fleet
Services Operation.
FISCAL IMPACT: This unit will be funded by the Motor Pool lease program and the using
department will make payments from budget funds over a 36 month time period.
Res ully submitted:
I
1 ~~i>~v4P~,,
Rick Svehla
Acting City Manager
Approved:
Name: Toni D. Shaw, CPM
Title: Purchasing Agent
693.AGENDA
1853
BID NAME USED TELESCOPIC BOOM
AIS 7
OPEN DATE EXCAVATOR CONTINENTALi
JANUARY 30, 1996
Orb )
# - QUANTITY _ _
DESCRIPTION
VENDOR
.__VENDOR -
___VENDOR
R
1' 1 TELESCOPIC BOOM
EXCAVATOR 1991 OR NEWER
i. $80,250_00
$124 900.00
- f MAKE GRADALL
- -
1 _ BADGER
MODEL G3WD4X2
r 460
YEAR
1994
HOURS 3675 _
850
F 1
2-- OPTIONAL GRAPPLE ASSEMBLY
r _ - -
- ,80- 0.00
S4
- -
3' 3 TRADE IN PRICE ALLOWED FOR j S5,500.00'
1974 GRADALL SNONP207184
j
AS IS, WITHOUT WARRANTY I f
I EXPRESSED OR IMPLIED. CITY j
ID42795152.
J 52,250.00 $3,800.00
NO BID RESPONSES
TKO EQUIPMENT
HOWARD NICNEAR EQUIP.
DARR EQUIPMENT
i
I + C
ii 1
a
1
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council r~er 1, no. -
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID t# 1854 - PNEUMATIC TIRED ROLLER
RECONINlENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification, Martin Equipment, in the amount of $72,328.00.
SUMMARY: This bid is for the purchase of a 53,000 Lb. cuss Pneumatic Tired Roller for use by
the Strect Construction and Maintenance Division. The new unit will replace an old roller purchased
approximately 30 years ago and no longer supported with repair parts and or service.
The old unit will be sold at public auction.
BACKGROUND. Tabulation Sheet
PROGRAMS, DEPARTMENTS.OR GRO.UPSAFFECTED: Street Department and Motor Pool
Operations.
FISCAL AIPACT: This unit will be funded from Motor Pool lease program funds. The using
department will repay Motor Pool from budget funds over a 36 month period.
Respectfully submitted:
LorR Svehla
Acting City Manager
A roved:
Name: Toni D. Shaw, CPM
Title: Purchasing Agent
698.AGENDA
C
_
BI 1854
BI 3ISA PNEMATIC TIRED ROLLER CONLEY MARTIN MEGA
LOTT EQUIP. EQUIP.
,O JANUARY 30, 1996 NICHOLS
TY ; DESCRiPTEON VENDOR. VENDOR VENDOR VENDOR
- - - - -
1 ` PNEUMATIC TIRED ROLLER S74,585.551 572,328.00 579,850.00!
F HAKE BO\L4C Hl PAC HA 11M
! I
MODEL CS
_ DELIVERY ARO - 90 DAYS 90-120 DA1'S_ - 60-90DAYS
_ NO BID RESPONSE
TKO EQUIP.
FUTURE EQUIP.
AISCONTINENTAL
f DARR EQUIP.
f
I ~
I
t
ii
l
1 F
DATE-Tebnuuy20,1996
CITY-COUNCIL REPORT
Agenda Ho. ~j
TO: Mayor and Members of the City Council Agenda Rem
Date . _ i
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1860 - TRUCK BEDS AND BODIES
RECOMMENDATION: We :.commend this bid be awarded to the lowest bidder for each item
as listed.
VENDOR PRICE
Item l) 1 - 16' Contractor Dump Body Total Truck $ 4,845.00 each
Item 2) 1 - I O' Contractor Dump Body Fontaine Truck $ 3,979.00 each
Item 3) 4 - 1 Ton Service Bodies A G Van S 4,390.00 each
Item 4) 1 - 3/4 Ton Service Body Fleet Truck $ 2,961.00 each
Item 5) I - l Ton Dump Body Fontaine Truck S 4,050.00 each
TOTAL BID AWARD $33,395.00
SUMMARY: This bid is for the beds and bodies to be mounted on eight (8) cab/chassis previously
approved by Council. These units will be assigned to the Water/Sewer Field Services, Traffic
Control, Electric Distribution , and Street Construction Divisions.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: WateaSawer Field Services,
Electric Distribution Division, Traffic Control Division, Street Construction Division, and Motor
Pool Opeiations.
FISCAL IMPACT: These units will be funded from Motor Pool lease program dollars or funds
for Motor Pool replacement. The lease funds will be repaid by the user over a 36 month period and
Motor Pool replacem_nt funds are taken from the 1995/96 budge`.
4
I
Res ~rtfi~ly submitted:
z
i v hCs
Acting City Ivianager
Approved:
Name: Toni D. Shaw, C.P.M.
Title: Purchasing Agent
697.AGENDA
t
..f
BID a 1860
BID NAME TRUCKS BEDS & BODIES TOTAL FONTAINE A G VAN FLEET FT WORTH COMMERCIAL'
TRUCK TRUCK & & TRUCK TRUCK TRUCK BODY i
OPENDATE FEBRUARYS, 1996 EQUIP EQUIP EQUIP SUPPLY N
f VENDOR VEDOR
M1 QUANTITY ___DESCRIPTION I. VENDOR i_ .._VENDOR VENDOR VENDOR-
1 CONTRACTOR DUMP BODY
FOR 25,000 GVW TRUCK I 54,845.00 1 f5,690.00 55,093.00 SS -[41.00 S-5,390.00 55,467.00 DUMP 2. 1 C pORRI0000 GV VV TRUCK BODY
S4,395.00'
51,069_00 _ $3,979.00 S5,724,00' 54,698.001 S4 49D.0011
3 4 SERVICE BODI'.'ORITN TRK___ -----_,_-SI,91500 -S5,i75.00 54394.00 i _-----54,530_00A----`SSJ4S.00~-----56279.00
- - _ - 1 SERVICE BODY FOR 314TN TRK 53469.00 53,699.001 53,075.00 r $2,961-.00 i, 53985.00 54,265.00
- S4A50.00 S4,185.00 f _ $4,196.00 S4,462.00 S4,111.001
-
t, l 3~ CU V D DUMP BODY 51,195OD
DELIVERY 60 DAYS 60 DAPS 75 DAYS 60-90 DAYS 90 DAYS -60 DAYS
II 11
i
I I i
i
I I If f' ~ °
1
-ON
S
4
a
DATE: FEBRUARY 20, 1996
CITY COUNCIL. REPORT
agcr^z t'a. ~
TO: Mayor and Memt crs of the City Council
-4
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #1861 - SKID STEER LOADER
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification, Bobcat of McKinney, at the price of $20,500.00.
SUMMARY: This bid is for the purchase of a 2,300 Lb. 61-73 horsepower class skid steer loader
with a 4,600 Lb. tipping load capacity.
This unit is a Motor Pool Fleet Addition and will be assigned to the Electric Distribution Division.
The lower price offered by Future Equipment fails to meet minimum specification for A) engine
horsepower, B) length, width and weight, r) bucket size, D) reach, E) cutting edge, F) tipping load
and several others considered important to the machine operation.
BACKGROUND. Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Electric Distribution Division and
Motor Pool Operations.
FISCAL IMPACT: This unit will be funded from Motor Pool lease progeam funds and repaid by
the using department from budget funds over a 36 month period.
R.es y sub:pitted:
Rick Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, CPM
Title: Purchasing Agent
699.AGENDA
x
'BID # !
1D M SKID STEER LOADER MEGA BOBCAT FUTURE G & G HALL
EQUIP TRACTOR EQUIP &
EQUIP OF
E FEB. 8, 1996 MCKINNEY CO CO SUPPLY
1 1!
J { -
- {TY bESCRIPTION V -ENDOR VENDOR _VENDOR VENDOR VENDOR
_ { - ± I -
S2Y,471.001
SKID STEER LOADER $20,051-00 II 521 _ E
WITH SMOOTH BUCKS f $23,597,72. $20500.00 308.00.
c
£ ` A1.4KE JOHN DEERE BOBCAT CASE N EW HOLLAND Il THOMAS_
MODEL 8875 873 1845C LX865 233HD_-
i
i
I
NO BID
CLEMONS TRACTOR CO
DARR EQUIPMENT
HOWARD MCANEAR
ZIMMERER KUBOTA
I
i
1
1 ICI
t
a
i
DATE: FEBRUARY 20,1996
CITY. COUNCIL REPORT
TO: Mayor and Members of the City Council Apia No. ~ r
Ap.ids ftem
FROM: Rick Svehla, Acting City Manager 0010 I
SUBJECT: BID 4 1862 - RUBBER TRACK EXCAVATOR
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification, Zimmerer Kubota of Denton, at a price of $29,176.00.
SUMMARY. This bid is for the purchase of a 90 hors°power class rubber track excavator for use
by the Electric Distribution Division in the installation and maintenance of underground utilities and
backfill of trenches. This unit weighs approximately 6,500 lbs., is 60 inches wide, has a digging
depth of 10'a-id a loading height of 10'. The rubber tracks allow it to cross streets and driveways
without doing damage and the narrow width allows access to easements through gates, etc.
This unit will replace a 1985 flat bed truck that will be sold at auction.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Division and
Motor Pool Operations.
FISCAL IMPACT: This unit is being funded from Motor Pool Replacement Funds Account #720-
025-0584-9104.
Respec submitted:
Rick Svehla
Ac ling City Manager
Ap oved:
R e: Tom D. Shaw, CPM-
Title: Purchasing Agent
'700.AGENDA
I
T
a
Do 9662
B A E RUBBER TRACK EXCAVATOR ZIMMERER BOBCAT CLEMONS
KUBOTA OF TRACTOR
O FEBRUARY 8, 1996 MCKINNEY
1 U Y DESCRIPTION. 1 VENDOR VENDOR ;...VENDOR VENDOR _1_ VENDOR
$29,873.00 $35,542.00 ~ II
1 RUBBER TRACK EXCAVATOR $29,176.00
1 a MAKE ! KUBOTA BOBCAT KOBELCO
g MODEL KX71 RBU-1 331 • SK035
NO BID RESPONSES
FUTURE EQUIP.
AIS CONTINENTAL
MEGA EQUIP.
DARR EQUIP.
1 HOWARD MCANEAR EQUIP.
I I
i
I I {
i ' ' I I I I
I
a
1
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council =7,70 FROM: Ric
k Svehla, Acting City Manager SUBJECT: BID # 1863 - HYDRAULIC EXCAVATOR
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification, Bobcat of McKinney, in the amount of $60,400.00.
SUMMARY: This bid is for the purchase of a 50 horsepower, steel track, hydraulic excavator with
offset boom and bucket. The unit will be assigned to the Water/Sewer Field Service Division and
replace a load-r/backhoe placed in the Motor Pool rental fleet.
The lower price unit offered by Zimmerer Kubota fails to meet specification for the offset boom
which allows the unit to dig along and beside walls, fences, etc. They offer a welded blade in place
of the bolt on blade requested and a manual engine speed control instead of the automatic required.
They also have a lower gro:md clearance and front working lights only.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS-OR GROUPS AFFECTED: Water/Sewer Field Services
Division and Motor Pool Operations.
FISCAL IMPACT: This unit will be funded from Motor Pool lease program funds and Motor Pool
replacement funding.
I
Respectfully submitted: 1
Ri P
Acting City Manager
r
'~Prove
Name: Tom D. Shaw, CPM
Title: Purchasing Agent
701.AGENDA
C
A
I
'SID # _ 1853
B HYDRAULIC EXCAVATOR DARR MEGA ZIMMERER BOBCAT CLEMONS
EQUIP EQUIP KUBOTA OF TRACTOR
E A FEBRUARY 8, 1996 MCKINNEY
I
TY i -DESCRIPTION VENDOR- VENDOR VENDOR VENDOR _ VENDOR
ti
1 i HYDRAULIC EXCAVATOR
-$74854.20 $53445.00 $60,400.00 $72,039.00
1 WITH 24 BUCKET $69,225.00
- --1
c
$8~.~ 51,875.000
- ADDITIONAL 30_ BUCKET $1,266.00 S11 - - ,333_.071 I___.___ - 5949.00 :1
a co
31WfIEETH
& CUTTER I
MAKE^ - CATERPILLAR JOHN DEERE i_ ____KUBOTA TAKEUCHI KOBELCO I
7
~ I I i I
MOTEL 307 190E L K11191LBU2H TV070 L SK601IV
NO BID RESPONDENTS
i
FUTURE EQUIPMENT
'I ill I I~ li,
, 1 f
u
DATE: February 20, 1996
CITY COUNCIL REPORT
FAgenda nda tto.
TO: Mayor and Members of the City Council y
hen
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID 4 1866 -WATER TREATMENT CHEMICALS
RECOi4IMENDATION: Council approve award of Bid 41866 -Water Treatment Chemicals to
the low bidders meeting specifications in the unit price as shown on Exhibit A.
SUMMARY: Bid is for the comparison of prices on chemicals used in water treatment. These
chemicals are used by the Water Production, Water Reclamation and the Electric Production
Divisions. Based on the approximate annual usaga of each item, the total purchases are estimated
at $380,300.00. Items 1 and 10 will be purchased by using extension options available from last
year's water treatment chemicals bid.
BACKGROUND: Tabulation Sheet, Exhibit A, Memorandum from Tim Fisher, Water Production
Manager.
PROGRAMS,. DEPARTMENTS OR.GROUPS AFFECTED: Water Production, Water
Reclamation, Electric Production.
FISCAL IMPACT: Funds are available in operating budgets for purchases as needed.
Respectfully submitted:
Ric AWoe l
Acti g, ity anage" - r""" li
Prepared By:
D~ .
Name: Mel ie Harden
Title: Buyer
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
696.AGENDA
r
i.
a
f
,
BID 8 1866
810 NAME WATER TREATMENT HARCROSS SCHOLLE c LCI
CHEMICALS CHEMICAL CORP. R A7L~I ~aERD WATE
OPEN DATE FEBRUARY 6, 1996
PAGE 1 OF 3 A~++~
I! QUANTITY T - DESCRIPTION - VENDOR__ VENf)ORIDOR YEN pp `
t. SW,000LRS -LIQ. I'kILORINE {I 7N CYL) .I67P NB NH N -
NSF60C'F,RTIFIED4'M
1
PRICE, F2 RM FOR NIO 12 _ NB NO No- -No
L 200,DMLHS SULFUR D!ONID E( I TN CYT.t_ .161 _ rgN8 x6 NB
NSF60C F,RI'IFILD 4!N _
NoNO
NS
PRICE FIRM FOR MO I2 '--'B
3. 2,D00WETL8 FLUROSILICIC ACID 081 MIN 22TN OC999
L<02"ISW CAL TRU(XLOADS) 0661 MIN III TN NB - _ND NO 14KllM[N.
M1'SF60(ERTIF'IFD 17y
\B NB NB y
PRfCE FIRAI FOR A30 11 NO No -----1
l 1,000,000 LIQ CAUSTIC SODA SO%NAOH
DRYLBS -(33675%)MAP1[RAGS[ C BADE 11373 NO NO NO NO
-
:4F60(ERTIFIEDIlN -
_ - - dB NII
PRICE FIRM FORM O 12 NO
-
NO -
-_._.NB NB
S. 12,000 DRY LO LIQ CAUSTIC SODA WKNAOH - --.-._i
_,-(3dJ5%)R.4YON GRADE NH NB N-B NB NH
NSF60 CERTfFI ED 4N NP
NB NB NO
NB
PRICE F[RI(I iOR NIO NO
NB NB Ng NO 6. 23,000 KG POTASSIUNI PER FREE FLOWING
GRADE (97%) KM1IN04 2.97 NO - N6
HSF60 CERTIFIF.D4M -
PRICE HR31 FOX N110 12 NO NBNO No
7. 71,(100 LOS ANHYDROUS AN1/IONLA PREM.
_FtADE{AMSIO)_99.99S% NO NB
-NH NB
NS 1`60 CF RT IF IF D Y/N NO
No NO NB NO
- - -
_ PRICE FIANI FOR AIO N8
h8 NII- NH _ - -
L 1'30,000 ! 50% SOLUTION LIQ FERRIC
WET LOS St i FATE NO N'8 .0674 N8 N8
_NSF60 CLRTIFIEU_ I'!N
NO N'8 NB
PRICE FFR.M FOR MO NO NB
9. 1$0,000LBS SULFURIC ACFC 66 TECH.
GRADE(93%) NH 60. TN NO NO NO
NSF60 CFRT IF IED 1,N NO
N_ NB -__NE NB
No ---NO _NB
PRICE t1 R4 FOR MO NO
12 -------No NO NO
1A. CATION'1C POLYAIFR
N'SF60 CERTIFIED I'/N
NB NB
66,000 LOS S IFfP(804 f 000 GAL)MO- N9 TB NS65 6&OWLES SS GAL BARREL $111P. (MO) NE .70--- NB..-.-~
_ _PRIC'F, F'1RM11 FOti Af05 NB 12 .NO
BID # 1866 _
BID NAME
WATER TREATMENT ADVANCE COE h Cb
CHEMICALS CHEMICAL CHEMLCAE NPJ.,' TIC
OPEN DATE FEBRUARY 6, 1996 ' 1 1'
PAGE 2 OF 3 Da:: Al)
N QUANTITY DESCRIPTION
VENDOR VENDOR VEN R VENDOR
1. 300,0001.85 L[Q. CI[l,Ok1N'E(I TN CIL 12 CYLMIN
I _ NO NB 366.70 TN 349, T79
NSF60 CER11FI1'.D1'M _ Ng NH - - - ND
- Y
PRICE HFUr FOR 110
L 700,000LSS SULFUR DIOXIDE (I IN CYI.)
NO NH 550, 7N NB
NH
I NSFGO C'F.R73F IF:U 1/N _h8 NO N
_P,'t1CE F1.0.11 FOR Af0 NB
NB 12
3. 216Bo WETLH ___No NO
FL7iA05(LICIC' ACID
_(1,000-6,SOOGALTRUCKLOADS)__ 0690 _ n hSF60Cf Ri1FIED 1lN y NO NO NO I9j.Ij fm
PRICF, FIRM F'OR MO 12- _ NH NO
6. 1,000,000 LiQ CAUSTIC SODA q%NAOH FULL TRK LOAD ~
DRY LOS &75% DLI PIIRAG,NI G RAVE 320. TN .1695 3I6.SO TN 3)290 TN
NSF60CERTIFIED IM NH
_ N _ --y
PP.lCE_fIRM1I FOR A10 17 7 - __`N-H
- Y-
ONE 12"DEL I1 TN A114 -
4 17,000 DRY LH LFQ CAUSTIC SODA 50%NA011 165. TN 233 634 TN
SO.L TN NO
(3L73XlRA 1'ON'GK\DE y _
NSF60 CERTIFIEDIIN
_ 12 7 6 hH
rJP'0 PRICF fI0.11 FOR M1IO _ '
4 27,000 KG SI U M PER-FREE FLOWING - I _
__GRADE (97%) -0 CER-1hiD' 'OJ T6 nBp
_
:Lqu NO
N~F
6 CERTIFIED Y/N
PRICE FIRM FOR MO - _ -
I N8 - Y-
7. 11,000 LOS ANIF]DROUS ANIAION'IA PREM.
G R1 DF.(A.M U 0) 99.995%
N__ NB 175
NSF6_0 . CERTIFIED I9N - hB _-~-NB No NO
__-PRICE FI0.NI FOR Af0
Y
6• 1,1.10 000 50% SOLUTION L1Q FERRIC TRUCKLOADS
HE7 LOS SVITAT-E ~
-
NB I ,0767 - _
NSF60 Cf RTI FE FIED I'!V I
N B
NH- No
B
o
9. 130,0NILBS SUFLRIC ACID 66 TECIL TRUCKLOADS
GRADE(93%N Ng .037 71 TN
NSF60 C' FRTiFIE D YAN
No
Y Y.. NH
No
10. CATIONIC POLYMER
N5F60 CERTIFIED Y/N
A. 68,D00 LBS HULK SFIIP(604100N CAL)MO 70 No
NH._ _ _N6
B. 66,000 LOS -SS CA1_gA RREL SFIIP, (M110) JU hB : N H - ' H
N - N8
PRICE FTR1I FOR NIOS 12 NB N
B NB
sn No
,BID t 1866
810 NAME WATER TREATMENT CENTRAL PAUL CARUS EOR
RHONE
CHEMICALS GARDEN CARROLL CHEMICAL I 1 PDULEHG J
OPEN DATE FEBRUARY J
8, 1996 WELDING
PAGE 3 OR 3 _ I :In
DESCRIPT
ION DR VENDO
I. 500,9OOLa5 L1Q, CIIIARINE(I TN Crib. _ NO ,105 n'e
_--NB
-
N5F60CERT1l11'D SM ns
Ni
NO
No _No
PRICL FI0.A1 FOR XIO - -
2. 100,006ta5 SULFUR DIOXIDE (ITN CYLL ha Na NO NO
NSF60 C'FRTI FIED Y'M
NI
NO N
PR1fE iIRNI IOR AIO.-_ NB
_
No No No NO
P. 7,000 WETLp FLVROMLICIC'. ACID
_C4o290-4_%0CAL TRUCKLOADS NO M1/ _ NB
_
_ _ NO nB hB
PRICE CERTIFIED 1Yn NO he No
Ni
PR)CF.F . iAA1 FOR OR X10
__-Pi NB
__--NB NO NB
A. 7.000,000 UQCAUSTICSODA SO%NAOH
DRY LOS -,11.75%)DIAPiI RAGM GRADE No ~'r h'B
NO
NSF60 CERTIFIED 1'M he
NO No NN No
PRICE
Np he
No- we
S. 11,000 DRY LO LIQ CAt-STIC SODA SO%NAOR
`131.75 q)RAY08 GRADE
NO
NSF60 CER77f 6:DYM N7 -----hO NO
NB NO M1O NO
PAICE iIRSt FOR AIO Ni
C 7J.000 XG POTASSIUM PER-FREE FLOWING 70 KG CANSTTER
GI(ADE (97%)KAIN.041.7! NO 7,711 N/ NO NO
N5 F60 CER77FIED YrN y
_
hB NO Na
7. 77,000 LOS :(HY DROUS A$1 MONIA PRIM
_G ILA DF{A MMO)91.993% ,SOS NB NB Nt NO NO
_
N5F60CEPTIFIFD 4'M y _._-NO No Ne _ Na NO
PRICE iIRAI FOR AIO li
No NO ?43
1. ma.000 50% SOLUTION LIQ FERRIC
WET LOS SULFATE No so
ra ree 1
- - he osil
NSC60 CERTIFIED IM Np - - -
NO NO Pis
- y---.
_
-PRICE FIRM FOR RIO No Ne
f. IlO,000I.BS SULPLRSC ACID U TECH,
GWDE (9)%) Nt M1B Nt Ni IIS VTT! .OJI
N9 NO h7
-__PR1C[lIRNI FOR SIO N! N/ i -N,~ N._-
2'-
IL CATIONIC POLI'AIER
NST60C1P.-,;FffD YIN I's Y
NO N8
NO
A. N,000 LOS lfLR 511', )10iF 1000 CA1)MO_ _ ,70 + -
_ Ne. so .61 P!
i.. M "S __S5 CAL BARREL 5111P H!O)__. ,70 ~ - _
h4 NO 77
PRICE FIRM FOR SI05 _ NO r
12
0
E
BID # 1666
BID NAME WATER TREATMENT Ic-
CHEMICALS ganda Itrm
uNit-668Y Otrd> No, ~O
OPEN DATE FEBRUARY 6,1996 ate 0
#J j DESCRIPTION _ VENDOR EXHIBIT "A"
2. ; SULFURDIO\IDF. ! DPC IND. 550.001 TN
- - -
3. F'LUROSILICICACID ADVANCED 0.08901 TN
a.__, 1 SOY. CAUSTIC DEAPFIRAGSIGRADE DPC IND. f J14.501TN
5. ! - SOY. CAUSTIC RAYON GRADE DPC IND. 435.001 TN
1
2.728/KB
` f - i - KNI^44 - - CARTS
7 ANIIYDROUSADINIONIA DPC IND. J SILB
9. I 50% FERRIC SULFATE FE 3INC .0511 11,11
SDLFURICACID SCIIOLLECORP 60.001 TN
t
OENTON
* r,p:rf~ IJo.
* ~',p:nQ~ Item
TEXAS # Uite
CI_~fDENTQ~X,%S WATER PRODUCTION
/ 2701 8. SPENCER / DENTON, TEXAS 75205
February 9, 1996
TO: Melanie Hardin, Buyer
FROM; Tim Fisher
Water Production Manager
SUBJECT; Chemical (Bulk) Bid # 1866 - Bid Openings 2/6196
In reference to Bid # 1866, Items # 2,3,4,5,6,7,8 and 9, all these items are to be
the respective low bidder as listed below:
awarded to
ITEM CHEMICAL VENDOR
# UNIT NSF-60
COST Price Period
2 Sulfur Dioxide UPC Ind. Cert.
550,00 / to
3 Flurosilicic Acid No 12
Advanced 0.0R90 / lb
Chemicals Yes 12
4 50% Caustic
Diaphragm Grade DPC Ind. 314.50 / to Yes
6
5 50% Caustic
Rayon Grade DPC Ind. 435.00 / to Yes
6
6 KMn04
Carus 2.728 / Kb
7 Anhydrous
Ammonia DPC Ind. Yes 12
0.275 / lb,
Yes 12
a
8 50% Ferric Sulfate _
FE31nc 0.051111b y
9 Sulfuric Acid 24
Scholle 60,001 to q`
Corp. Agen4~ em
t
Bid items #f (Chlorine) and #10A (Cationic Polymer - Bulk Shipment) should not be awarded
at this time. The low bidder for chlorine (Delia Distributers) has qualified their bid with a
minimum shipment of 12 tons which is not acceptable or compatable with the storage facilities
at the water or wastewater plants. Contract extention options for 12 months to our existing
suppliers (Harcross Chemicals for Chlorine and Maintenance Engineering for Polymer) will
provide the lowest unit cost for these items. The recommendations for bid items #1,2,5 and 9
have been discussed with individuals from Electric Production and Water Reclaimation and
reflect their recommendations.
Therefore, I would recommend award of bid items #2,3,4,5,6,7,8 and 9 to the low bidders as
listed above at the next available City Council meeting.
Sincerely,
Tim Fisher
Water Production Manager
CC." Randy Markham
Tom Shaw
Denise Harpool
Vince Richardson
Asa Brown
I
y
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council n~°0Q+ qo. G ' 0
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID #1867 - TEASLEY LANE LANDSCAPE NURSERY STOCK
RECOAM[ENDATION: We recommend this bid be awarded to the lowest responsible bidder
meeting specification for each item as listed:
! ITEM
VENDOR PRICE
1,2, & 4 ADKINS LANDSCAPING
3 NVOLFE NURSERY $ 7,925.00
5,14 N.T. NURSERY $ 503.82
6,7,10,11 & 13 NOLES ENTERPRISES $$1,660
4.60
8,9 & 12 TAWAKONI PLANT FARM ,852.60
TOTAL AWARD $ 3,220.44
$18,161.86
SUMMARY: This bid is for the purchase of the nursery stock necessary to complete the design
of the landscaping on the Teasley Lane Median Project. The Parks and Recreation Staff designed
the landscaping and will be responsible for the planting,
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department
and the Citizens of Denton.
FISCAL IMPACT: This project will be funded from C1P Bond funding for Teasley Lane and will
compliment the irrigation system previously approved by Council for the same project. Account #
446-020-LAND-9235-9009.
Respect submitted:
Rick ,Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, CPM
Title: Purchasing Agent
695.AGENDA
i
0
y
f
BID M 1867
'INS %%OLVE PEERLESS IIAWKINS
D M TEASLEY LANE LANDSCAPE I MEADER NORTH TESTS NOLNT. L S LA\SCAPE \'I PSERY FARMS STAR I. TAPLANT\I NURSERY
NURSERYSTOCK NURSERY'
E D INC. INC GRONERS FARM S
FEBRUARYS 1946 VE\UOR LANDSCAPE _ LANDSCAPE,
. . -
MY ~ -F\DOR_VE\DOR__
VENDOR_ VENDOR j VENDOR -YE\DCx VE\DOR VENDOR
DESCRIPT1O\ -
- - _ -
N 5200.
I
$12500 59500 \B g NB - - -
EA T hLA PLE.3" CAL., \B NB 2" B
-T - r 512500• $150.0p 59500 $199.99j_ \B NL 5_150.00
T 193 50 -
1 Q 7 A BRADFORD PEAR 3" CAL. 5185.00 I
FA - - - ` - i _ ~B _ 521.99' - B \H 1B 5200.D0
AUSTRLALN PIN 3 at EA CAPE MY'RTLE, WATF,R.NELON 55$0.00 $3500 $4000 532.50576.0011 \8 - 565.00
~4 -
• RED'. V-61 [T. - F
- \9 \g NB $65.00
9 12FA DECIDUOUSYAUPONBERRIED 1120.0D 545.00 580.00 565.00 589.99
5'46' H! _
597.991- NB %B NB $65.00
SA1 Al\AH HOLLI S •6'HT $120.00 (55.00 525.00 NB -
36 EA_ S GAL
$10.50' -
51000
7. ` 7.50 \9 1 - AV'A1Lht.AR
- 54.25? $400t _ \B 5 \B 511.85, 57.90 _S12_00
45 EA RED BARBERRY ROSE_GLOVV 5
53.27 $3.10 $8.00
37 991 NB
DAYLSLY"STELLA D'ORO_ ,
B. 288 EA 55.50
_ . - S2
5400 53.00 \B 56.991, \B
180 EA Hl61SCUS TEXAS STAR' 56,94
9 - _
NB 52.65
- 55.99 NO
$4.50 $4.001 56,00
NB
52,.
10 216 EA 1A1S. BLUE .1 (;A4 -
_ NB 50.60+ _NB NB NB 51.00
50.45. 50.35
11 9315 EA ASIAN JASMINE, 2.114 POT _OAS - • - -
NB $0.75 so.24 $1.00
r.. j - ,
12. 9315 EA PU-PLELEAF'A INTERCREEPER 50.45 50.45 50.70 NH $0.70 5693 $6.95 $13.00
f16.99~ B
13 ? 70EA _ SPIREA'ANTHOYYWATERER' $10.00. 56.50 NB 510.50. 5199 _ \B \B NB _SN.00,
- -
14. 80 EA RV ERSON STEEL EDGING_ 16'20.00 - SSA 00 $ _I6.00 NB -
r. ALL OR
NONE_
I
r
a
{
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT noenda No.
Alindi Iteri
TO: Mayor and Members of the City Council Oet"
FROM: Rick Svehla, Acting City Manager
SUBJECT: CHECK REQUEST - UPPER TRINITY REGIONAL WATER DISTRICT
RECOMINIENDATION: We recommend the check request for payment to Upper Trinity Regional
Water District be approved in the amount of $21,639.74.
SUMMARY: This check request is for the current debt service payment on the Teasley Lane joint
pipeline agreement between City of Denton and Upper Trinity Regional Water District as per
contract agreement.
BACKGROUND: Check Request dated 1-29-96, Memorandum from Upper Trinity Water
District, Upper Trinity Regional Water District Invoice #2CBRU9601, debt service payment
schedule.
PRO.GRAMSoDEPARTIVIENTS OR GROUPS AFFECTED: City of Denton Municipal Utilities
and Upper Trinity Regional Water District.
FISCAL IMPACT: Funds for this payment will come from Utility Revenue Bonds Account 4661-
081-RB 88.8609-913 8.
RcspectfLLUY submitted:
Rick Svehla
Acting City Manager
Name: Tom D. Shaw, CPM
Title: Purchasing Agent
704.AGENDA
r
i
apeaea Cs. -DG
0:: c~ --per( ~
CHECK REQUISITION-VOUCHER
PAY T0: CHECK NUMBER
UDDer Trinity Regional Water District $21.639.74
AMOUNT
396 W. Main
Water Administration
Suite 102 DEPARTMENT
January 29. 1996
DATE
P .O. Drawer 305
_Lewisville TX 75067
INVOICE, NUMBER AND/OR RXPLANATION ACCT. NO. NET INV. AMT.
Contract payment between the 661-081-RB88-8609- $21,639.74
District and the City of Denton, 9138
deb': service for the joint ~o
pipeline. Q,
c-
-a
C:)
%0
TOTAL $21,639.74
THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION F0 BILLING IS MADE BY TH UNDERSIGNED
ACCOUNTING APPROVAL S GNATURE
CITY MANAGER APPROVAL DIRECTOR OF FINANCE APPROVAL
s
App 9 6
AUenda / Dail ttcm
Date
3% W Man, Suite 102
PO Grower 305 • Lewisville, TX 75007
REGIONAL WATER DISTRICT
(214) 219-1228 • Fax (214) 221 9896
January 17, 1996
Mr. R. E. Nelson
Executive Director
Denton Utilities
City of Denton
215 East McKinney
Denton, Texas 76201
RE: Debt Service Payment for Joint Pipeline
Dear Mr. Nelson:
According to the contract between the District and the City of Denton, Denton will
reimburse the District for its pro rata share of the "capital component" "08M
component" and "O&M reserve component" of the overall costs of the pipeline. The
District calculated Denton's pro rata share of the pipeline to be 14.78%, and provided
you with the work papers describing the calculation method.
Enclosed is an ir,eur n7 n's share of the current debt service payment, as well
as the overdue a the payment that was due on August 1, 1995, The i
total amount due The Distri~l would appreciate payment by January 31,
1996 in order to ervice obligations.
Since Denton's pro-rata share of the pipeline was funded from the District's revenue
bonds. The District has applied the pro rata percentage of 14.78% to the biannual debt
service payments made by the District. The next debt service payment is due to the
paying agent on February 1, 1996. 1 have also enclosed a copy of the complete 26
year debt service schedule for Denton's share of the District's revenue bonds.
If you have any questions, please call me.
Sincerely,
W. David Ryburn
Manager of Business and Customer Service
S
e
r
A01nds No. - 00
Invoiccee
. P 0 Drawer 305 • 02
Lewis nne, TX 75067
REGIONAL WATER DISTRICT
InVO
(214) 219-1226 Fax- (214) 221 9896
City of Denton
Semiannual Billing Statement for Reimbursement of Costs
Joint Treated water P pe fa Oes gn and Cor>stnrtlon of
6rie,
Statement oate: 01/17/96 Invoice No: 2C8R119601
Joint Treated Water pipeline
Debt Service Dat;
For the period: 02/01196 10
OTni!!6 =11,706.2!
OMOed by
Nur"her of Billing Perkds h Fiscal Year:
1
E' 013
Total forperlod
r...; r
$16,709.2t
Amouot pla
' yWFrr. "
54A3l.4e:
Total Amount Due Current Period
Total Amount Past Due 516,70911
$4,934.4!
Total Amount Due This Bill
$21639.74
Please Pay By: 01ntro6
I
City of Denton's Pro Rata Share of rIO
RTWP Series 1993 Revenue Bond Debt Servi ~s^rca
Debt Service Less ~iCtleftLll@
_ Dace Debt Service ca italized werest Denton's Share Pa men/ FY Basis
02!01!94 178,958
23 0 00
0_8_/01/94 113_026_2_5 000
02101/95 113,026 25 _ &T6-
O8/GI/95 113,02625 33,38606
4,934.46
02/01/96 713,026.25 i 13,026 25 10,502 89
08/01196 188,026 25 16.705.28
02!01!97 111,263 75 188,026.25 27,790 28
111,263.75 44,48.73
08/01!97 186263,75 16,444 78
02/01!98 109,407.50 186,263 27,529.78
~ 109.407.5 50 43,883.11
08/O 1198 189 4Q7.50 16,170.43
02/01/93 f 07,327 50 189,407 50_ 27_994.43
107,327 ;0 44.08238
_ 08/01/99 197,327 50 1•7 15,863.00
0,.
02/01/2000 104189 2750 29,16500
7.50 1U4,89i.50 ' 44 908.29
0810112000 199 89)50 15,503.8
02/01/2001 102,261.25 199 897.50 29544"85
102,261.25 4491 82
08/01/2001 202.261_25 25 15,114 21
02101/2002 99,411.25 202261,25 29,e94,21 44,868.02
0810112002 204,41125 99,411.25 14,692.98
0210112003 96,366.25 204,41125 30,211.98
96,366.25 40,754.95
08/01/2003 206,366.25 14, 93
0210112004 93,121,25 206,36&.25 30,500 93
93 121 25 44 583.99
08/01/2004 213,121.25 13,763.32
02/01/2005 89,491,25 89,491 1. .25 25 31,499.32 45,083.80
0810112005 214,491.25 89,49 13,226.81
02/01/2006 85,647.5Q 214,491.25 31,701.81 44 73914
08!0112006 220,647.50 85,647.50 12,658.70
02/0112007 61,42835 220,647.50 32,611.70 45,062.56
08/01/2007 226 428.75 81,428.75 12,035.17 -
02/01/2008 76.825,00 226,428.75 33,466.17 _ 45, 3
08/01/2008 231,82500 76,82500 11,354.4
02/01/2009 71.865.00 231,825.00 .263.74 45374.11
08/01/2009 236,865.00 71,865.00 10,62165
21,65
Ou01/2009 236,865.00 35008,65
66,543.75 66,547 75 45 368.13
08/01/2010 241,543.75 9.835.17
241,543,75 35,700.17 4255.13
210112011 60,856.25 K856 25
0810112011 245,856 25 8. SS 5
02/01/2012 54,843.75 245,85625 36,33
337.55 45,035,89
0810112012 249,843.75 54,843.75 8,105,91
4 02101/2013 48,457,50 29,84375 36,926.91 44 718.18
08/01/2013 258,457.50 48,457.50 7,162.02
0210112014 41,580.00 258,457.50 38,20002 45023,21
08!01!2014 261,580.00 41,58000 6,145.52
02/01/2015 34. -0 00 261,580.00 38,661.52 44 449.37
08/0112015 269 320.00 34,320 00 5,072 50
269,320.00 39,805.50
02!01/2016 26,565.00 26,565.00 4449593
0810112016 276_5&5 00 3.926.31
0210112--017 18,315.00 276_5565.00 40,876.31 44 396.16
18,3
96
08101!2017 288,315,0_0 15 00 2,706
02/01/2018 9,405 00 288, 0-5- 00 42,61296 44 880.95
08!0112018 294,405 00 9.405.00 1,390.0E
294,405 00 43,513 06 44,439.7_6_
7 524,489 48 7039.838 56 1040,488 14
1 040486 14
I
App Na O
AWds ft m
_
0121_,,,, ° D -
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordir_ances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction cf public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
PURCHASE
ORDER CONTRACTOR AMOUNT
60177 AS11 PROPERTIES $16,760.00
SECTION II. That the acceptance and approval of the above competiti,.-e bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Biddcrs and Bid Proposals, and docsiments relating thereto specifying the terms,
condition,-., pans and specifications, standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
i
ti
i
~OcnCa f'o,
SECTION V. That this ordinance shall become effective i 42101
cae~and•
approval.
PASSED AND APPROVED this the _ day of _-,1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_-_
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:----
comrRnuwc
f
i
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT
TO: Mayor and M"a►bms of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE ORDER #60177 ASH PROPERTIES
c/o SCOTT BROWN PROPERTIES
RECOMMENDATION: We recommend purchase order #60177 to Ash Properties be approved
in the amount of $16,760.00.
SUMMARY: This purchase order to Ash Properties is for the annual lease of the Community
Development Block Grant (CDBG) offices in the Texas Building located at 100 W. Oak. A contract
was originally signed on September 29, 1995 in the amount of $14,136.00. After that signing the
office occupied by Mainstreet became vacant. The CDBG staff is requesting authorization to
increase the annual lease to $16,760.00 and to occupy those offices. The additional space will be
used as conference areas for contractor meetings and as private consultation areas when discussing
income eligibility and other matters relating to assistance request.
This $2,624.00 add on would expire with the existing contract for space on July 31, 1996.
BACKGROUND: Purchase Order 460177, Lease dated September 29,1995 and January 30, 1996.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development Block
Grant and Ash Properties.
FISCAL IMPACT: Payments on the two lease agreements will be taken from 1995-96 CDBG
budget funds.
Respectfully submitted:
Rick Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, CPM
Title: Purchasing Agent
703.AGENDA
w
F
x
PURCHASE ORDER NO: 60177 THIS IS A C-1
This number must appear on all CONFIRMING ORDER
invoices, delivery slips, cases. {IF MARKED)
c cking stops and bills. DO NOT DUPLICATE Re4 No' Bid No: Date: 02 13 96 Page No. 01
1
O 4 CITY OF DENTON TEXAS
f S PURCHASING DIVISION / 901-B TEXAS STREET I DENTON• TEXAS 76201-4354
B1171383-7100 D/FW METRO 8171267-0042 FAX 8171383-7302
VENDOR OPERTIES
`
VAME/ / OTT BROWN PROPERTIES DELIVERY CONFIRMATION ONLY C35
40DRES LOCUST ADDRESS COMMUNITY DEVELOPMENT CA
T TX 76201 100 W OAK STE 208 0.v
DENTON TX 76201
IT BROWN
VEN 7001 DELIVERY QUOTEO 09 30 96 FOB DESTINATION BUYER TS TERMS
lily 0 ANTIT Lull ElE CRIPTION NIT PRICE AWAT ,
001 12.00 NO VENDOR CAT. # N / A MFG NAME 1,178.000 14,135.00
CITY # 97145
OFFICE LEASE FOR PROPERTY LOCATED AT 100 W. OAK
SUITE 208, DENTON
002 .00 MO VENDOR CAT. # N / A MFG NAME 0.000 0.00
CITY # 97145
LINE 2 DELETED= DUPLICATED LINE 1
003 8.00 HO VENDOR CAT. * N / A MFG NAME 328.000 2,624.00
CITY # 97145
TWO ADDITIONAL OFFICES LEASE INCREASE
I
I
P GE TOTAL , 16,760.00
GR ND TOTAL s 16,760.00
01 219 05A CDAO 8518 16,760.00
1166Th INSTRUCTIONS: 3, Terms - Net 30
I, Send original invoice with duplicate copy. 4. Shipping instrscro^s F.O.B. Destination prepaid iu^,,, .,.0.41
t. Bill to Accounts Payable 5, No federal or state sales taA shall be included
215 E, McKinney St in prices billed. Purchasing Division
Denton. TX .~6201-4299 PURCHASING
,
r
Aged] No
A,enda 11em
Date --20 -9l
LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND SCOTT BROWN PROPERTIES
I.
PARTIES. This Lease is between the City of Denton, 215 B.
McKinney, Denton, Texas, ("Lessee") and Scott Brown Properties, 205
N. Locust, Denton, Texas ("Lessor") to lease property located at
100 W. Oak, Suite 206, 208 and 210 in the Texas Building
("Property").
II.
TERM. The initial term of this Lease shall commence on the 1st
day of September, 1995, and end on the 31st day of July, 1996. A
new Lease Agreement must be signed by both parties 30 days before
the end of the above term, unless written notice of termination is
given by either party.
III.
MOVE-OUT NOTICE AND EARLY MOVE-OUT. At least 30 days written
notice of intent to move out must be given to Lessor. In no event
may Lessee's move-out notice terminate the Lease sooner than the
end of the Lease term unless there is substantial malfunction of
utilities or damages by water or fire, or similar cause as speci-
fied below under Section X, DAMAGES AND DESTRUCTION.
IV.
SECURITY DEPOSIT. Lessee agrees that the security deposit
shall be in an amount equal to that security deposit provided in
the lease between Lessee and Lessor for the Property with a term
beginning on October 1, 1994 and ending on July 1, 1995
V.
RENT. Lessee shall pay One Thousand One Hundred Seventy-eight
Dollars ($1,178.00) per month for rental, on or before the first
day of each month (the due date), If all rent ie not paid by the
3rd day of the month, Lessee agrees to pay an initial late charge
of Twenty-five Dollars ($25.00) plus a late charge of $1.50 per day
thereafter until paid in full. Lessee agrees to pay a charge of
Twenty-five Dollars ($25.00) for each returned check.
VI.
CONDITION OF PREMISES. Property is expected to be in the same
condition at the time of move-out as it was at the time of move-in,
reasonable wear and tear made during occupancy, and improvements
made prior to occupancy excepted. Lessee agrees to test smoke
detector3 before occupying the Property, and is responsible for
notifying Lessor if smoke detectors are not functional throughout
Lessee's occupancy.
No, [AAgerdj
Cmda Ilemate__
Batteries for smoke detectors, AC filters, and light bulbs will be
replaced at Lessee's expense.
VII.
INSURANCE. Lessor shall pay for fire and extended coverage on
the Property.
VIII.
LIABILITY. Lessor will not be liable to Lessee or Lessee's
guests for any damages or losses to person or property, including
t
heft, burglary, assault, vandalism: or other crimes.. Lessor will
not
to
or s of beloiabl theirs ee or guests for personal injury or for damage
rain, hail, ice, snow, lightning wind, r explosion, interruptionaof' water
utilities, or other occurrences unless the damages from these
occurrences are attributable in any way to Lessor's negligence.
Lessor strongly recommends that Lessee secure its own insurance to
protect against all of the above occurrences.
IX.
REPAIRS AND MKINCTIONS. Lessee agrees to request all repairs
and services in writing to Lessor, except in an emergency when a
telephone call will be accepted. Workers shall have the right to
temporarily turn off equipment and interrupt utilities to perform
repairs or maintenance which require such interruption. Lessor
shall keep the foundation, the exterior walls, and the roof in good
repair except that Lessor shall not be required to make any repairs
occasioned by the negligence of Lessee, its employees, subtenants,
licensees and concessionaires. Lessor will make all repairs within
a reasonable time of Lessees request.
X.
DAKAQZ AND DESTRUCTION. In case of malfunction of utilities or
damage by fire, water or similar cause, Lessee shall notify Lessor
immediately. The Lease shall continue and rent shall not abate
during such periods, unless the damages are substantial. if
damages are substantial, Lessor or Lessee may terminate this Lease
in writing. In this case, rent shall be prorated and the balance
and deposits refunded.
XI.
REIJMU'RSMCWT. Lessee shall promptly reimburse Lessor for any
loss, property damage, or cost of repairs or services caused to the
Property by negligence or improper use by Lessee or guests. This
includes damages to doors, windows, or sczeens, repair costs and
damages from plumbing stoppages in lines exclusively serving
Property, and damages from windows or doors left open. Lessors
failure or delay in demanding damage reimbursement, late payment
PAGE 2
F
t
. ,gar:al~~D
Ag:nea stem
X 1 I . Cate
WMM LESSOR MAY ENTER. Lessor may enter Property when and if
the rent is more than seven (7) days delinquent.
XIII.
CONTRACTUAL LIEN AND ABATEMENT. All personal property on the
premises is subjected to a contractual lien to secure payment of
delinquent rent. In order to exercise contractual lien rights,
Lessor may enter the premises and remove and store all such
property, provided the resident be present or written notice of
entry must be left afterward.
XIV.
CLEANING. Upon move-out, the property must be cleaned
thoroughly. If Lessee fails to clean, reasonable charges to
complete such cleaning shall be deducted.
XV.
PERSONAL. Lessee's telephone number is (817) 383-7726.
XVI.
ADDITIONAL ITEMS. Lessor will carpet, paint, and patch
plumbing hole in 210 upon finish ut.
EXECUTED this Q day of , 199f.
CITY OF DE ON, TEXAS
BY: G~
LLOYD HARRELL, CITY AGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY:
PAGE 3
V
!j
Apenda 1Jo. y~~
Allida Inn
Data r2 - ,20 9~ , .
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
i~.1~~ G1t rsG~
SCOTT BROWN PROPERTIES
BY:
967~~-
SCOTT BROWN, OWNER
I
et%WPD0C5\K\CDW, LEA
PAGE 4
f
V
f
oat:. aft-~~--
LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND SCOTT BROWN PROPERTIES
I.
PARTIES. This Lease is between the City of Denton, 215 E.
McKinney, Denton, Texas, ("Lessee") and Scott Brown Properties, 205
N. Locust, Denton, Texas ('Lessor") to lease property located at
100 W. Oak, Suite 204 in the Texas Building ("Property").
II.
TERM. The initial term of this Lease shall commence on the
18th day of December, 1995, and end on the 31st day of July, 1996.
A new Lease Agreement must be signed by both parties 30 days before
the end of the above term, unless written notice of termination is
given by either party.
ITI.
MOVE-OUT NOTICE AND EARLY MOVE-OUT. At least 30 days written
notice of intent to move out must be given to Lessor. In no event
may Lessee's move-out notice terminate the Lease soonar than the
end of the Lease term unless there is substantial malfunction of
.utilities or damages by water or fire, or similar cause as speci-
fied below under Section X, DAMAGES AND DESTRUCTION.
IV.
RENT. Lessee shall pay Three Hundred Twenty-eight Dollars
($328.00) per month for rental, on or before the first day of each
month (the due date). If all rent is not paid by the 3rd day of
the month, Lessee agrees to pay an initial late charge of Twenty-
five Dollars ($25.00) plus a late charge of $1.50 per day
thereafter until paid in full. Lessee agrees to pay a charge of
Twenty-five Dollars ($25.00) for each returned check, The rent for
the month of December shall be pro-rated for the portion of the
month the leased premises is subject to this Lease Agreement.
V.
CONDITION OF PREMISES. Property is expected to be in the same
condition at the time of move-out as it was at the time of move-in,
reasonable wear and tear made during occupancy, and improvements
made prior to occupancy excepted. Lessee agrees to test smoke
detectors before occupying the Property, and is responsible for
notifying Lessor if smoke detectors are not functional throughout
Lessee's occupancy. Batteries for smoke detectors, AC filters, and
light bulbs will be replaced at Lessee's expense.
VI.
INSURANCE. Lessor shall pay for fire and extended coverage on
the Property.
=1%crizz-
",i 9L
VII.
LIABILITY. Lessor will not be liable to Lessee or Lessee's
guests for any damages or losses to person or property, including
theft, burglary, assault, vandalism, or other crimes. Lessor will
not be liable to Lessee or guests for personal injury or for damage
to or loss of their personal property from fire, flood, water leak,
rain, hail, ice, snow, lightning, wind, explosion, interruption of
utilities, or other occurrences unless the damages from these
occurrences are attributable in any way to Lessor's negligence.
Lessor strongly recommends that Lessee secure its own insurance to
protect against all of the above occurrences.
VIII.
REPAIRS AND MALFUNCTIONS. Lessee agrees to request all repairs
and services in writing to Lessor, except in an emergency when a
telephone call will be accepted. Workers shall have the right to
temporarily turn off equipment and interrupt utilities to perform
repairs or maintenance which require such interruption. Lessor
shall keep tl-t - foundation, the exterior walls, and the roof in good
repair except that Lessor shall not be required to make any repairs
occasioned by the negligence of Lessee, its employees, subtenants,
licensees and concessionaires. Lessor will make all repairs within
a reasonable time of Lessee's request.
IX.
DAMAGE AND DESTRUCTION. In case of malfunction of utilities or
damage by fire, water or similar cause, Lessee shall notify Lessor
immediately. The Lease shall continue and rent shall riot abate
during such periods, unless the damages are substantial. If
damages are substantial, Lessor or Lessee may terminate this Lease
in writing. In this case, rent shall be prorated and the balance
and deposits refunded.
X.
REIMBURSEMENT. Lessee shall promptly reimburse Lessor for any
loss, property damage, or cost of repairs or services caused to the
Property by negligence or improper use by Lessee or guests. This
includes damages to doors, windows, or screens, repair costs and
damages from plumbing stoppages in lines exclusively serving
Property, and damages from windows or doors left open. Lessor's
failure or delay in demanding damage reimbursement, late-payment
charges, returned checks or other sums due shall not be deemed a
waiver; and Lessor may require payment at any time. Lessor may
require advance payment of repairs for which Lessee is liable.
XI.
WHEN LESSOR MAY ENTER. Lessor may enter Property when and if
the rent is more than seven (7) days delinquent.
PAGE 2
Y
r
i`
A: nda No.
Amen"~ Item G
Data --Ze
XII.
CONTRACTUAL LIEN AND ABATEMENT. All personal property on the
premises is subjected to a contractual lien to secure payment of
delinquent rent. In order to exercise contractual lien rights,
Lessor may enter the premises and remove and store all such
property, provided the resident be present or written notice of
entry must be left afterward.
' XIII.
CLEANING. Upon move-out, the property must be cleaned
thoroughly. If Lessee fails to clean, reasonable charges to
complete such cleaning shall be deducted.
XIV.
PERSONAL. Lessee's telephone number is (817) 383-7726.
XV.
EFFECTIVE DATE. This Lease Agreement shall be effective the
18th day of December, 1995.
EXECUTED this %901 day of ,l<: , 1996.
CITY OF DENTON, TEXAS
0
BY:
RIC SVEHLA, ACTING CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 3
5
4
APPROVED AS TO LEGAL FORM:
HERBERT L. PRCUTY, CITY ATTORNEY
1
BY:
v
SCOTT BROWN PROPERTIES
BY: 4AfoL---
SCOTT BROWN, OWNER
E:\WPDOCS\K\C~BG2AEA
PAGE 4
i
Agenda
ORDINANCE NO. Agenda Rem
eta D - C2 -0Z AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding $15,000 be by competitive bids, except in the cw of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to 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 following 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 I. That the City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate 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
unforeseen damage to public property, machinery orequipment, and by reason thereof, the following
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
63088 AIS CONTINFNTAL $251909.35
SECTION II. That because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such purchases
by the City from the requirements of competitive bids.
I
S
7
r'
SECTIONAH, That this ordinance shall become effective immedi ejy,4ii qq[J jts
approval.
PASSED AND APPROVED this the day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY. -
{
S
t
F
DATE: FEBRUARY 20, 1996
CITY COUNCIL REPORT
'10: Mayor and Members of the City Council Ayands No. - Q
Agenda Item -V'
FROM: Rick Svehbr, Acting City Manager Data ? - ?D-9/
SUBJECT: PURCHASE ORDER #63088 TO AIS CONTINENTAL
RECOMINIENDATION: We recommend purchase order #63088 to AIS Continental be approved
in the amount of $25,909.35.
SUMMARY: This purchase order is for the emergency repairs to and reconditioning of a John
Deere Model 644 Rubber Tired Loader. The repairs include complete engine rebuild, overhaul of
both front and rear differentials, complete cab renovation (ie seat, gauges, glass), hydraulic system
reconditioning including steering mechanism and bucket operation system, repair of lights and back-
up alarm, as well as a general renovation of the machine.
The engine failure created the "machine down emergency" and is the largest cost item. The other
repair work can be done at the same time. Prices were solicited from qualified service shops and
AIS was the lowest price.
A new machine is estimated to cost $98,500.00. We feel that these repairs to the existing machine
will add 5-6 years to its useful life expectancy as a front line machine.
Emergency purchases are exempt form the bid process as outlined in the Texas Local Government
Code Chapter 252.
BACKGROUND: Purchase Order #63088 to AIS Continental
PROGRAMS, DEPARTMENTS .OR GROUPS AFFECTED: Street Department and Motor Pool
Operations,
FISCAL IMPACT: This repair will be funded from Motor Pool funds and repaid by the using
department from budget funds.
Respectfully submitted:
Rick SActing City Manager
A roved:
.k-- _
Name: Tom D. Shaw, CP,"vl
Title: Purchasing Agent
702-AGENDA
J-
c
E ORDER NO: 63088 THIS IS A XXX
ell
This numbe must appear on all CONFIRMING ORDER
nvoices, d ivery slips, cases, (IF MARKED)
tos., b e , packing slips and bills. DO NOT DUPLICATE
i
~ t
Rea. Bid No: Date: 02 07 96 Page No. 01
CITY OF DENTON TEXAS
~f PURCHASING DIVISION / 901-8 TEXAS STREET / DENTON, TEXAS 76201-4354
817/383-7100 D/FW METRO 8171267-0042 FAX 81711383-7302
AND R o ;A I S CONTINENTAL
NAM / 1850 S CENTRAL EXPWY DELIVERY CONFIRMATION ONLY C14
4DOR Ss{ ADDRESS FLEET SERVICES
DA•t AS TX 75239 804 TEXAS
DENTON, TX 76201
VENDOR N0. AAA54500 DELIVERY QUOTED 03 07 96 FOS DESTINATION BUYER TS TERMS
LINE QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
001 25909.35 VENDOR CAT. # N / A MFG NAME 1.000 25,909.35
CITY # 92935
PARTS, SUPPLIES AND LABOR TO REPAIR JD 644 RUBBER TIRED
LOADER, RIG #2750
i
I
P GE TOTAL : 25,909.35
GR ND TOTAL : 25,909.35
01 730 025 0580 8710 25,909.35
I
VENDOR INSTRUCTIONS 3. Terms Net 30 1u'"" 'a'°'"u1
1, Send erig+nal invoice with duplicate dopy. 4. Shipping instructions: F.08 Cestmatidn prepaid luni,v ei",•.,ii .p,od.el
2. Bill to - Accounts Payable S. No federal or state sales IsA shall be included -
215 E. McKinney St in prices billed. Purchasing Division
Denton. TX 78201-4794 PURCHASING
t
A k `
Apend~ Went
~ o
February 20, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJ: CONSIDER APPROVAL OF AMENDMENT III FOR HDR
FOR ADDITIONAL ENGINEERING SERVICES FOR
LANDFILL
RECOMMENDATION:
The Public Utilities Board recommends approval of amendments to HDR contracts totaling
$23,200.
BACKGROUNWSUMMARY:
In September the staff presented HDR's request for changes to the Board. The Board
requested additional information and HDR's presence at the October Board meeting. Risa
Fisher attended the October Board meeting to present explanations, for the increases to the
HDR Engineering contract but she was not prepared or authorized to negotiate adjustments to
changes requested. The Board expressed that there were some requested changes that they
believed were within the Scope of the original Engineering Services Contract aid therefore
should not be included in the requested changes. Subsequently the staff has met with HDR i
and negotiated a reduction in the requested changes. The result is a change order for $23,200.
The change order items are:
Ori inal Request Negotiated Amount Description
AMENDMENT 2 $4,500 $4,500
The staff did request HDR to include this wetland in the landfill permitted area. This area
provides many additional cubic yards of space and it definitely was not in tSe original plan.
~i
e
Agenda 110. _!fP ^ ~d
Original Request Negotiated Amount M13 ttm
escri lion - ,p _9G
AMENDMENT 3 $4,000 $4,000
This addition was included by the staff in order to also add a substantial volume to the
landfill permitted area. It was not possible to determine this option until well into the design
process.
Original Request Ne otiated Amount Description
AMENDMENT 4 $1,700 $1,700
This was a requirement placed on the Utility staff by the cities Planning Department. The
staff requested HDR to assist with this work rather than hire another Engineering firm.
Ori inag l Request Negotiated Amount Description
AMENDMENT 5 $4,700 $0
Although the staff requested this work, the staff' believes HDR should have carefully reviewed
the landfill developing sequence with the staff and Board before substantial work was
performed on the HDR proposed development plan. HDR has agreed to not bill Denton for
the work they performed to review this strategic element of the landfill plan with the Board.
Oripinal 'equest Negotiated Amount Description
AMENDMENT 6 $5,000 $5,000
This request is similar to amendment 4 where in the staff requested HDR to perform this
work rather than contract with some other engineering firm.
Original Request Ne otiated Amount Description
AMENDMENT 7 $8,000 158,000
Risa Fisher discussed this issue at the October 16, meeting and r;lated that perhaps the follow
through of amending the FEMA floodplain map could have better i.e., less costly, been done
in 1984, it was not requested by the City at that time and therefore IIDR did not expend
funds to do so in 1984. However, to obtain a new permit, that work did need to be
performed and neither the Denton staff or HDR had remembered to include it in the Scope of
work for this landfill expansion. Had it been included in the Scope of work the original
contract amount would very likely had been increased by nearly the amount of this change
order.
t
IY
` Or
iginal Reuest Ne otiated Amount l
AMENDMENT 8 $12,000 512,000
This is really not an amendment but rather the authorization of project management and
administration for June 1995 to June 1996 as per the terms of the original contract. $12,000
is an estimate and will be billed at actual hours and costs incurred during the year but not to
exceed $12,000, without prior authorization. We can either include this as an amendment or
%ve can issue a separate purchase order for this work.
FISCAL IMPACT:
The present HDR contract, with previously approved changes, is $628,345. With these
changes of $23,200, the authorized contract amount will be $651,545.
Respec submitte
Rick Svehla, Acting City Manager
Prepared by:
*M-&*~
Howard Martin, Director
Environmental Operations
Exhibit 1: Ordinance
Exhibit II: Leter From HDR
Exhibit III: Contract Changes
f
d
a
C:\WPDOCS\ORD\HDR.ORD
Agenda No .-~Q
Apends herq ff
Dua„ I- _ D
ORDINANCE NO. a
AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO THE AGREEMENT
BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR
PROFESSIONAL ENGINEERING SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the Mayor is hereby authorized to execute
Amendment No. 3 to the Agreement for Professional Engineering
Services between the City of Denton, Texas and HDR Engineering,
Inc., attached hereto and incorporated herein as if set forth at
length.
SECTION II That the expenditure of funds in an amount not to
exceed six hundred sixty-three thousand, five hundred and forty-
five dollaras ($663,545.00) is hereby authorized as specified by
the amended Agreement.
SECTION Iii That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
199
BOB CASTLEBERRY, MAYOR
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
t
i
Agenda L4- ev
Agenda Dave9
AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND HDR ENGINEERING, INC. FOR PROFESSIONAL
ENGINEERING SERVICES DATED JUNE 159 1993
WHEREAS, on June 15, 1993, the City of Denton ("City") and HDR Engineering,
Inc. ("HDR") entered into an Agreement Between the City of Denton, Texas and HDR
Engineering, Inc. for Professional Engineering Services for the sanitary landfill initial site
development, Hhich was amended by Amendment No. 1 and Amendment No. 2, (the
Agreement between the City of Denton, Texas and HDR Engineering, Inc. for Professional
Engineering Services as amended by Amendment No. I and Amendment No. 2 are herein
referred to as "Agreement'); and
WHEREAS, City and HDR desire to add additional services to the Scope of Services
for Phase III for additional fees not to exceed $23,200.00; and
WHEREAS, City and HDR desire to add 12 months of project management for
additional fees not to exceed $12,000.00; NOW, THEREFORE,
WITNESSETH:
Pursuant to Section 7.12 (Changes and Modification) of the Agreement, City and HDR hereby
agree:
1. The Scope of Services for Phase III is hereby and herewith amended to include the
following services in addition to those listed in Exhibit A to the Agreement in exchange for
the following Final Anticipated Fees:
3.9 Redesign of final landfill configuration to include an area originally determined
to be a wetland - $4,500.00
3.10 Modeling of drainage from mobile home park to determine impact on flood
plain - $4,000.00
3.11 Preparation of information and mapping for annexation and zoning of landfill
site - $1,700.00
3.12 PUB Workshop development sequence - $ -0-
3.13 Revise landfill footprint to accommodate the landscaping plan - $5,000.00
3.14 Revise FEMA flood plain map - $8,000.00
2. Exhibit A, Task 3.8, Phase III Project Management and Administration of the Agreement
is hereby and herewith amended to include an additional 12 ~
CMT-dmt O
and administration. Fees for said additional 12 months of pr3a
tration shall not ex ceed $12,000.
3. In all other respects, the terms and conditions of the Agreement, as executed by the pasties
on June 15, 1993 and amended by Amendment No. 1 and Amendment No. 2 remain in full
force and effect.
PASSED AND APPROVED this the day of
199.
`
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FOR,'!:
HERBERT L. PROUTY, CITY ATTORNEY
B Y.,
c,~wrnocsKxnxw.Aun
J
October 16, 1995 AlrnRd,
A7errdr
Mr. Howard Martin Dare
Director, Environmental Services
City of Denton W
901 Texas Street
Denton, Texas 76201
Subject: Authorization of payment for additional services related to landfill design
and permitting
Dear Mr. Martin:
During the course of the two years since initiation of the landfill design and permitting
project, it has become necessary to revise our Scope of Services to reflect changing
project requirements. On September 18, 1995, certain amendments to the HDR
contract were presented to the Public Utilities Board (PUB). At that time the PUB
requested additional information regarding four tasks which were submitted for
authorization of additional fee. The following is background information relating to
those four tasks, Amendments 4, 5, 7, and 8 on the agenda.
Amen---- dm-~nl 4
Amendment 4 represents $1,700 in fee corresponding to preparation of two maps at
the request of City staff. One map reflected the current and proposed City Limit, and
the annexed area in relation to the current and proposed landfill permit areas. The
second map was similar to the first, but included the names of all property owners and
locations of their properties. The City provided a list of nearby
street address. In addition to preparation of the two base maps, HDRrreconcedthese
owners and street addresses with a property boundary survey map and the structures
identified on the topographic map and, corrected the apparent discrepancies. These
maps were not included in the permit application documentation; therefore, these
services are considered outside the scope of our original agreement.
Approximately 30 manhours were devoted to this task, including two manhours of the
Project Manager's time and 28 manhours of a design technical/cadd operator's time,
plus plotting, reproduction, and shipping.
Amen_ dment 5
Amendment 5 represents $4,700 in fee, corresponding to presentation of a special PUB
workshop to address the implications of significantly altering the sequence of
development of the landfill. The modifications had been proposed by members of the
MDR Engineering, Inc.
Suite 125
12700 Htllcrest Road
Dallas, Texas
75230.2096
a
Mr. Howard Martin AWda No.
October 16,1995 Agendahcm
Page 2 Dais PUB in order to preserve temporary development opportunities along Mayhill Road and
provide additional visual screening.
Periodic reports to the City staff and PUB are included in the original Scope of Services
and fee. However, this workshop entailed considerable preparation, not normally
required for a routine presentation of project status. The objective of the workshop was
to explore the financial, operational, aesthetic, and regulatory implications of
redesigning the concept of site development. Specifically, we accomplished the
following steps in preparation for the workshop.
1. Developed alternate sequence of development, interim grades, and screening
techniques. Included alternate access and drainage schemes and liner tie-in
techniques.
2. Calculated volumes and operating lives for each phase of the operation.
3. Determine times and durations of visibility of disposal operations, and years of
availability of parcels of land on Mayhill Road for development.
4. Determined soil deficit and site life lost due to alternate screening technique.
5. Determined alternate operational requirements related to access, drainage,
leachate management, soil stockpiles, and other factors resulting from the
sequence change.
6. Determined the site development and operational cost difference between the
original development concept and the proposed change.
7. Addressed regulatory and permitting implications of the change.
8. Prepared presentation materials to illustrate graphlu:iy the impliWions of the
proposed change.
Modifying the concept of site development after completion of the design and permit
application document is unusual. This effort was unanticipated during preparation of
the original Scope of Services and Fee estimate. Therei~ore, this effort is considered
outside the original Scope as authorized.
This effort required approximately 16 manhours for the Project manager, 11 manhours
for a senior landfill operations engineer, 18 manhours for a technician/cadd designer,
and 11 manhours for an engineering co-op student, plus computer time, plotting, and
presentation board preparation costs.
Li
Mr. Howard Martin
October 16,1995 /
page 3 agenda No.,
Agenda ltem
Dato
Amen` dm_ ent 7
This amendment addresses revising the FEMA flood plain map, representing $8,000 in
fee. One of the requirements of the new state landfill permitting regulations is that the
applicant demonstrate that the landfill is not located in a floodplain. The current landfill
did encroach on a small portion of the floodplain, as it .was depicted on the FEMA
floodplain map current at that time. At that time, it was required that the proposed
landfill not significantly increase the flood A 9vation. As part of the landfill permitting
construct ng assertion was
ent andfiill,ethee edge of the floodplain was rlelocatedued. By
Requesting that FEMA redraw their map depicting the limit of the floodplain was not a
requirement of the landfill permitting process. A request for the floodplain map to be
revised is called a Letter of Map Revision (LOMB). The City might have requested a
LOMB at the time of filing in the former floodplain area. However, this effort was not
included in HDR's contract to prepare a solid wa; tr, facility permit application for the
landfill in 1984. The LOMR became necessary when tree City had to demonstrate that
the proposed expanded landfill facility was not located in a floodplain. In fact, the
facility was not in the floodplain. But !ho FEMA map did not reflect current conditions.
The request for a LOMR required that backwater conditions prior to the curre:,)t landfill
development be modeled using a computer, and plotted on a map. Then, another
model must be prepared showing the effect on the floodplain of the current landfill. A
comparison was made between previous and exiati, ; conditions to demonstrate that
he flood elevation was not raised more than one foot. 'i pis material was attached to an
application for a LOMB and expedited through the FEMA agency review and approval
process.
i
Just as in 1984, obtaining a LOMB was not part of the landfill permitting process, so
this work was not included in the current ek;ope of Services or authorized fee.
This effort required approximately 16 manhourr for the Project Manager. 24 manhours
for a senior hydraulics engineer, and 60 manhours for a hydraulics engineer, plus
computer time and reproduction.
I
Amendment 8
Amendment 8 represents $12,000 in fee, and addresses Project Management and
Administration for the peri;u between June 15, 1995 and June 15, 1996. As you know
these activities continue aven when design activities are scaled back, although at a
reduced level compared to p-1riods of high design activity. This effort includes
administrative and coord,t%.*;or, np by the Project Manager and members of the
r~
i.
t,
Mr. Howard Martin
October 16, 1995
a;ena~ No
page 4 A;cmda ltam
permitting team, including periodic team meetings and status meetings With the client.
This gec ndment corresponds to approximately four manhours per month for the Project
Manager and four manhours per month for all other members of the project team.
If you or members of the PUB have any further questions or concerns regarding any
aspect of this important project, please do not hesitate to call on me.
Sincerely,
HDR Enginearing, Inc.
Risa W. Fisher, A.E.
Vice President
ti
t
-T;nda im
ORDINANCE So. //,3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFES-
SIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL DEVEWPMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR? AND PROVIDING FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
_ SECTION i That the City Manager is authorized to exlcute an
Agreement between the City of Denton and HDR Engineering, Inc. for
professional engineering services for the City's sanitary landfill.
U&TION i That the City Manager is authorized to expend funds
for the above referenced professional services to the engineering
firm of HDR Engineering, Inc. in the amount of $584,025.00.
SECTI- oN 1I. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of
1993.
BOB CASTLEBERRY? MAY R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPR D AS 0 LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.,
T
4
t
4 ?,U
~ AaaMa No.
n~;na~ rem
ORDINANCE NO.
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGRF.E?FNT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND
HDR ENGINEERING, INC. FOR THE SANITARY LANDFILL OEVELOPMdNT; AND
PROVIDING FOR Ah EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the Mayor and City Secretary are hereby
authorized and directed to execute and attest, respectively,
Amendment No. 1 to the Agreement for Professional Engineering
Services between the City of Denton and HDR Engineering, I.jc. for
engineering services for. the sanitary landfill development under
the terms and conditions being contained in said Agreement, which
is attached hereto and made a part hereof.
SECTION Ii. That the City Secretary is hereby directed to
attach a copy of the attached Amendment No. 1 to Ordinance 93-113
and inscribe on the face of ordinance 93-113 a statement that the
Agreement has been amended by adoption of this ordinance.
SECTION iii. That this ordinance shall become effective
lgpadiateiy upon its passage and ap~ptroval.
PASSED AND APPROVED this the day of 1994.
BOB CASTLES£RRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
i
9&M If-
APPR"V`F AS T'0 LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
u
421
Ape"a Ha.~~--•
?Aorra I1axWxQINENIO.ERiINaTO A$EVICE$ RVICES BETWEEN r~
NAL ENEEN TgE
CITY OF DENTON, TEYAB AND $DR ENGUNERINO, I1'C.
DATED JUNE 150 1993
cal l WHEREAS on June 15, 1993 the City of Denton, hereinafter
laser y' and MDR Enginseri.:g, Inc., hereinafter :ailed
professionalnengineering services agreement
connection with the sanitary
landfill development, hereinafter called the Agreement; Performance ce of
I
provisions rel ting to Iineerndemnihas be amended, and the contract
has
agreed to such changes, Now, THggEMRE,
City has
w I T N% S S E T H:
ARTICLE I.
That Section 7.9 (Indemnity Agreement) of said Agreement is
hereby a=snded to add the following section:
7.9.2.1 Subsurface sampling may result in unavoidable contamina-
tion of certain subsurface areas, as when a robe or moves through a eontaminattd area, linking it to an aquifer, under-
ground stream, or other hydrous body not
and capable of spreading hazardous materialsoff -site. cBecauseathe usontami
State of Texas is requiring that the City
sampling, the City waives any claim agaist Engi eerufor iinnjuu ry or
loss which may arise as a result o tlt or
caused by sampling, except if suc;, ,,eged cross-contamination
Engineer's gross negligence. The Cit- ,'y or loss is caused by irthe fend,
indemnify and hold Engineer harmless i c,, inyrclaim eortliability
for injury or loss which may arise as a result of alleged cross-
contamination caused by sampling except when and if such is caused
by Engineer's gross negligence, City further agrees to compensate
Engineer for any time spent or expenses incurred by Engineer in
defense of any such claim in accordance with the hourly rates and sions andeEngineerbdatedeJuner15, 1993 in the contract between the City
1993.
ARTICLE II.
In all other respects, the terms and conditions of the execut remainein,full forcee andy effect. parties an the 15th day of June,
1993
r
i
A ~enda
fk p
day of ad -
Datr ,Z - ~ of
CITY OF DENTON, TEXAS
10
BY:
BOB CASTLEBERitY, MAYO \
it WALTERS, CITY SECRETARY
jY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY: JC C
MM ENGINEERS, INC.
BY t _
TITLE: Sc~ais~ !//ct ~Pse.
E:1ti~C51K1AKrD. NOR
PAGE 2
ape,ida uo..,~~
Apenda Ilea-`-'~p
FRAFESSIO~jo►L~ INNO. 2 TO AGRBXNZNT FOR
EERINp BIRVICXG VMZN TEE
CITY OF DEYTOE, TEXAS AND jDR ENOINEERINGe INC.
DATED JOKE 13j 1993
EngiWHErREAS, IncJu e15 1993 the City of Denton ("City") and HDR
( ) entered into an Agreement for Profession-
al Engineering Services for the Sanitary Landfill Initial Site
Development, which was amended by Amendment No. 1, (the Agreement
for Professional Engineering Services for the Sanitary Landfill
Initial Site Development as amended by Amendment No. 1 are
hereinafter called the "Agreement"); and
WHEREAS
be coo as ibit A to the Agreement provides that Phase I is to
mpleted additional services with the Scope of Services and
Fee Basis to be mutually agreed upon at a later date; and
for ' City and HDR desire to define the Scope of Services
soI
and Designate Fees for Phase I in the amount of
$12,000; and
, Phase II is approaching completion and City and HDR
desire to replace the Preliminary
Kan-hour
Nan-hours and Fees for ph and Fee Estimates and
F Phase
seal and II with Final Anticipated
5coprvitces~ or Phases IltfordFinaltiAnticipat tees to the
$32,4851 and
of.
WIMREAS, City and HDR desire to delete Geotechnical Investiga-
tion from the Scope of Services for Phase III resulting in a
reduction of fees for Phase III in the amount of $27,500; and and projeccttma agement ani HDR desire to add an addional 12 administration to hase
III for fees months of
$19,150; NOW, THEREFORE,
W I T N E S S E T H:
Pursuant to Section 7.12 (Changes and Modification) of the Agree-
ment, City and HDR hereby agree:
1. The Scope of Services for Phzise I is hereby and herewith
defined as solid waste master planning. City shall pay HDR $12,000
for Phase 1.
2. The Scope of Services for Phase II is hereby and herewith
amended to include the following services in addition to those
listed in Exhibit A to the Agreement in exchange for the following
Final Anticipated Fees:
V
J~f
AOenda Na.
Agena2 item 1s-
2.20 Methane Precautions $ 11100
2.21 Groundwater Certification $200000
2.22 Height Increase $ 5,000
2.23 Project Management $ 885
2.24 Gas Monitoring Training $ 500
2.25 Groundwater Sampling
Analysis. Plan $ 5,000
3. The Preliminary Man-hour and Fee Estimates and Estimated Man-
hours and Fees for Phase iI Contained in Exhibit A of the Agreement
are hereby and herewith deleted from the Agreement and replaced
with the following Final Anticipated Fees:
2.1 Site 2.2 Site DDveloim Plan $15,000
pPlean Plan $ 3,000
2.3 sits.Layout
2.4 Fill-Cross sections $ 2,500
2.6 Geology Report $ 0-
2.7 Groundwater Protection S 4,6600
i Drainage Plan $131,600
2.9 Cost Estimates for
Closure and Post-Closure Care $ 4,600
2.11 Final Closure Plan $ 7,000
2.12 Post-Closure Plan $ 4,000
2.13 Landfill Gas Management Plan $221,000
2.14 Applicant's statement $ 130
2.15 Certification of Groundwater
Monitoring system $ 890
2.16 Certification of compliance with
2.17 Maxi
liocation Maximizing Remainings Site Life $20,080
S
2.18 Regulatory Meetings -0-
2.19 Phase II Project Management and $ 6,540
Administration $150000
Additions to Phase II Scope of Services (Paragraph 2 above)
2.20 Methane Precautions $ 11100
2.21 Groundwater Certification $200000
2.22 Height Increase $ 51000
2.23 Project Management $ 885
2.24 Gas Monitoring Training $ 500
2.25 Groundwater Sampling i
Analysis Plan S 5.000
Total Final Anticipated
Fees for Phase II $1510425
4. Exhibit A , Task 3.4.3 Geotechnical Investigation of the
Agreement is hereby and herewith amended to delete Geotechnical
Investigation from the Scope of Services for Phase III. Fees for
Phase III shall be reduced by $27,500 as a result of the deletion
of said Geotechnical Investigation from the Scope of Services.
PAGE 2
r
t
{
r
5. Exhibit A, Task 3.8, Phase III Project Management and Adminis-
tration of the Agreement is hereby and herewith amended to include
an additional 12 months of project management and administration.
Estimated fees for said additional 12 months of project management
and administration shall be $19,150.
6. Total Estimated Fees and Preliminary Fee Estimates for Phase
III shall be $4690270.
7. In all other respects, the terms and conditions of the Agree-
wnt, as executed by the parties on the June 15, 1993 as amended by
Amendment No. 1 remain in full force and effect.
Executed this day of , 1995.
CITY OF DENTON, TEXAS
BOB CASTLED MY, MAYOR
ATT3ST:
JENNIFER HALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY: QdMY 1-~ie~•~l
HDR ENGINEERS, INC.
BY:
TITLE:
..N
1:`,Wdoct\k\hdrsrd.k
PAGE 3
r
tlreneS
February 20, 1996
DENTON CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF TIIE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
SUBJECT: CONSIDER WATER. MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION
COMPANY, INC. FOR WATER LINE OVERSIZE PARTICIPATION IN
THE ESTATES OF FORRESTRIDGE Section I[
RECOMMENDATION:
The Utilities Department Staff recommends approval of the request from Lodge
Construction Company, Inc. ( "Developer" ) that the City participate in the oversizing
of a waterline in the Estates of Forrestridge Section II,
The cost for our participation is for an amount not to exceed $17,400.00.
SUMMARY:
When a developer extends water or sewer lines into an area, the developer is required
by the City's Code of Ordinances to install water and sewer lines of sufficient size to
serve the new area. The City may request that the subject lines be oversized to serve the
general service area. The City may also participate in the cost of oversized water and
sewer lines in accordance with Section 34-118(b)(2). Lodge Construction Company Inc,
is developing the Estates of Forrestridge Section 11, a site south of El Paseo Road and
west of Oak Forrest Circle. The development requires an 8" water line, and the City is
requesting that a 12" water line be installed to serve the general area. The 12" line will
be extended approximately 2,175 feet.
BACKGROUND:
In order to serve the area containing this development and future developments to the
west, a new 12 water line is required. The proposed development requires an 8" water
line. Therefore, it is recommended that the City participate in the oversizing from 8" to
12" water line.
r
i,
AQend] Va.
Page 2
Lodge Construction Inc. rb-
Dal-Tech Engineering, Inc. ("Engineer"), on behalf of the Developer, submitted a
request for oversize participation. The Engineer estimated the cost for a 12" waterline
to be approximately $22.00 to $24.00 per linear foot and $14.00 to $16.00 per linear
foot for an 8" waterline. The maximum participation is based on their estimates.
AGENCIES AFFECTED:
Citizens of Denton, Denton Municipal Utilities and Lodge Construction Co., Inc.
FISCAL IMPACT:
The estimated cost for our participation is $17,400. The amount of $100,000 is budgeted
each year for oversizing of waterlnes. This is the first project submitted this year for
this item. The Capital Improvement Plan Detail Sheet is attaches as Exhibit II.
Submitted
Rick Z4&-
,
Acting City Manager
Prepared by:
Howa Martin, Director
Environmental Operations
Approved by:
R.E. Nelson, Executive Director
Fepartment of Utilities
Exhibit I. Participation Agreement
H. CIP Detail Sheet
H:1W WPFIPUBTLDGCO,NST. F27
r
4
r
ITEM 5
Apnh Me. - v
Aodnft ham
Onto ,6.
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENfON AND LODGE CONSTRUCTION
COMPANY, INC. FOR WATER LINE OVERSIZE PARTICIPATION IN THE
ESTATES OF FORRESTRIDGE Section lI
RECOMMENDATION:
The Utilities Department Staff recommends approval of the request from Lodge
Construction Company, Inc. ( "Developer" ) that the City particip^te in the oversizing of
a waterline in the Estates of Forrestridge Section II.
The cost for our participation is for an amount not to exceed $17,400.00.
SUMMARY:
When a developer extends water or sewer lines into an area, the developer is required by
the City's Code of Ora;nances to install water and sewer lines of sufficient size to serve
the new area. The City may request that the subject lines be oversized to serve the general
service area. The City may v1so participate in the cost of oversized water and sewer lines
in accordance with Section 3I.118(b)(2). Lodge Construction Company Inc. is developing
the Estates of Forrestridge Section 11, a site south of El Pasco Road and west of Oak
Forrest Circle. The development requires an 8" water line, and the City is requesting that
a 12" water line be installed to serve the general area. The 12" line v,ill be extended
approximately 2,17$ feet.
BACKGROUND:
In order to serve the area containing this development and future developments to the
west, a new 12 water line is required. Tlie proposed development requires an 8" water
line. Therefore, it is recommended that the City participate in the oversizing from 8" to
12" water line.
Agenda 14
Page 2 Agenda tram
Lodge Construction Inc. Date Dal-Tech Engineering, Inc. ("Engineer"), on behalf of the Developer, submitted a request
for oversize participation. The Engineer estimated the cost for a 12" waterline to be
approximately $22.00 to $24.00 per linear foot and $14.00 to $16.00 per linear foot for
an 8" waterline. The maximum participation is base, on their estimates.
AGENCIES AFFECTED:
Citizens of Denton, Denton Municipal Utilities and Lodge Construction Co., Inc.
FISCAL IMPACT:
The estimated cost for our participation is !17,400. The amount of $100,000 is budgeted
each year for oversi zing of waterines. This is the first project submitted t:iis year for this
item. 1 be Capital Improvement Plan Detail Sheet is attaches as Exhibit 11.
Submitte by
RI E. Nelson, Executive Director
Department of Utilities
Prepared by: l
_PC eJ
Gerald P. Cosgrove,
Engineering Administrator
Approved b-y':'If
Howard Martin, Director
Environmental Operations
Exhibit L Participation Agreement
IL CIP Detail Sheet
[VAVNl PF' PUB LDGC'0\'ST.J17
r
V
1
i
r
"AC84Q~1fers
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND LODGE CONSTRUCTION
COMPANY, INC.
WHEREAS, Lodge Construction Company, Inc., hereafter referred
to as "Developer," whose business address is 15303 Dallas Parkway,
' Suite 1310, Dallas, Texas, 75248, wishes to develop and improve
certain real property named Estates of Forrestridge, Section II
attached hereto and incorporated herein by reference), located in
the City of Denton, Texas or its extraterritorial jurisdiction, and
is required to provide such property with adequate water capacity
by designing, constructing and installing a water main of a minimum
inside diameter of eight inches (8„), hereafter referred to as
"required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 East McKinney, Denton, Texas 76201, hereafter
referred to as "City," in accordance with its ordinances, wishes to
participate in the cost of the construction and installation of
said water main to provide for an "oversized" water main to expand
its utility system and insure adequate utility service to other
customers;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows:
1. Developer shall design, install and construct a twelve
inch (1211) water main and all necessary appurtenances hereafter referred to as "oversized facilities", located aseshown
on Exhibit I, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of
City of Denton,Texas, Developer shall enter into a Development
Contract prior to beginning construction of the oversized facili-
ties. This Development Contract shall be in substantially the same
form as the Development Contract attached hereto as Exhibit II and
incorporated herein by reference. This Agreement shall be subject
to and governed by the Development Contract and any other applica-
ble ordinances of City.
3. Prior to beginning construction of the o,,,,rsized facili-
ties, Developer shall obtain, at Developer's sole cost and expense,
all necessary permits, licenses and easements. The easements,
deeds and plats therefor obtained by Developer shall be reviewed
and approved as to form and substance b City
beginning of construction. If Developer is unablerlto acquire
needed easements, Developer shall provide city with any requested
documentation of efforts to obtain such easements, including
MATER MAIN PARTICIPATICN AOREEMEbT , LODGE c.nrRVSTim Co., INc.
FACE I
L
t
SOD
Agend:klm
A2ends Ora _
evi
dence of negotiations andereasonable offers made to the affected
property owners. Any easments for the oversized facilities
obtained by the Developer shall be assigned to City, if not taken
in City's name, prior to acceptance of the oversized facilities,
and Developer warrants clear title to such easements and will
defend City against any adverse cla?m made against such title.
4. City's share in the cost of rsize based upon the difference in the costh of vinstall n acreiuire
f zilities, as determined by City, and the cost of the oversized
facilities, as determined by City, shall not be in an amount not to
exceed Seventeen Thousand Four Hundred Dollars and No Cents
{$17,400.00). City may elect one of the following methods to
determine the City's share of the cost:
a) The Developer shall prepare plans and specifica-
tions and furnish them to the City. City shall
competitively bid the required line and the over-
sized facilities in accordance with Chapter 252 of
the Local Government Code. The difference in the
bids shall be used to determine the City's share,
subject to the City's maximum participation in cost
as specified in this Agreement; or
b) The Developer shall prepare plans and specifica-
tions and take bids on the required line and the
oversized facilities. City shall pay Developer the
least amount of the following:
(1) The difference in the bids for the required
line and the oversized facilities;
(2) Thirty percent of the bid on the oversized
facility, as provided for in Section 212.072
of the Local Government Code; or
I
(3) $17,400.00, the maximum participation cost al-
lowed herein.
City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing construc-
tion; changes in the price or cost of materials, supplies, or
labor; unforeseen or unanticipated cost because of topography,
soil, subsurface, or other site conditions; d'.fferences in the
calculated and actual per linear feet of pipe ox*
I materials nzeded
for the oversized facilities; Developer's decision as to the con-
tractors or subcontractors used to perform the work; or any other
reason or cause, specified or unspecified, relating to the con-
struction of the oversized facilities.
NATEP MAIN PARTICIPATION ACPEEMINT / LODGE CONSTRUCTION CO., INC.
PAU 2
r
U
i
~ ;aaCa Y,o.
5. Within thirty (30) days of tha acceptance of the Eacili-
ties by City, Developer shall submit to the City s Director of
Utilities the actual cost of the
actual cost of oversized facili
'he oversized facilities be lessitthan the cost on
be reduced proportional es. Should the
which City's share was determined, city's share of the cost shall
proportionally, on a per linear foot basis, based upon
the difference of the actual cost of the oversized facilities and
the determined cost for required facilities. To determine the
actual cost of the oversized facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees,
contractors or subcontractors and shall have the right to require
Developer to summit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the over-
sized facilities.
6. Within sixty (60) days of the date the Developer submits
satisfactory documentation of the actual cost of the oversized
facilities, as determines by City, City shall pay to Developer its
share of the cost thereof.
7. All notices,
sent to
made pursuant to this Agreement obyctheupartiesn hereto, shall be the Director Dof eUtiilities fobusiness
the City at the address above and the
given above,
8. Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any kind whatsoever,
by reason of injury to property or person occasioned by any act or
omission, neglect or wrongdoing of Developer, its officers, agents,
employees, invitees, contractors or other persons with regard to
the performance of this Agreement, and Developer will, at its own
cost and expense, defend and protect City against any and all such
claims and demands.
9. If Developer does not begin substantial construction of
the oversized facilities within twelve (12) months of the effective
date of this Agreement, this Agreement shall terminate.
10. This instrument embodies the whole Agreement of the par-
ties hereto and there are no promises, terms, conditions or obliga-
tions other than those contained or incorporated herein. This
Agreement shall supersede all previous communications, representa-
tions or Agreements, either verbal or written, between the parties
hereto.
11. This Agreement shall not be assigned by Developer without
the express written consent of City.
MATER MAIN PARTICIPATION AOREV?ENC / LCDOE CnNSTRJC•ION CO.. INC.
PACE
i
L
l
i
agenda No,
A?:nde nem
Date --aQ
' 12. Any and all suits for any :)reach of this contract, or any
other suit pertaining to or arising out of this Agreement, shall be
brought and maintained in a court of competent jurisdiction in
Denton County, Texas.
Executed this the day of _ 19
LODGE TRUCTION COMPANY, INC.,
DEVEL
BY:
Ted Zadeh
ATTEST:
CITY OF DENTON
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM;
HERBERT PROUTY, CITY ATTORNEY
BY: t." 1,A 1, t
o
C:\WPDOCS M0DGEM,{T.x
WATER MAIN PARTICIPATION AGREDTNT LODGE Cr
PAGE 4 "RUCTION M., INC.
c
4
F
J:\MPDOCS\ORD\LADGE, OFD
Agenda No.
Agenda Item
Dace ~
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE ,tiiAYOR TO APPROVE THE WATER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE
CONSTRUCTION COMPANY, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Lodge Construction Company, Inc. hereafter referred
to as ,reveloper" wishes to develop and improve certain real
property named Estates of Forrestridge Section II located in the
City of Denton, Texas and is designing, constructing and installing
a water main of a minimum inside diameter of eight inches,
hereafter referred to as "required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation in
accordance with its ordinances, wishes to
of the const; fiction and installation of said water main,lto provide
for an "oversized" water main with a minimum inside diameter of
twelve (12) itches to expand its utility system and insure adequate
utility service to other customers; A',W THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY (~;%nAINS:
SECTION Z, That the Mayor is authorized to execute a Wate::
Main Cost Participation Agreement Between the City of Denton and
Lodge Construction Company, Inc. ("Agreement") under the terms and
conditions contained in the Agreement attached hereto:
SECTION I, That the expenditure of funds as set forth in the
.1greement is hereby authorized.
SECTION III That this ordinance shall become effective
immediately upon its passage aid approval.
PASSED AND APPROVED this the
1996. day of
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECREPARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. QC UTY, CITY ATTORNEY
B Y : ~ c 'V`~r U F-
i
Y
4pcr~a N0.
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND LODGE CONSTRUCTION
COMPANY, INC.
WHEREAS, Lodge Construction ompany, Inc., hereafter referred
to as "Developer," whose business, address is 15303 Dallas Parkway,
Suite 1310, Dallas, Texas, 75248, wishes to develop and improve
certain real property named Estates of Forrescridge, Section II
attached hereto and incorporated herein by reference), located in
the City of Denton, Texas or its extraterritorial jurisdiction, and
is required to provide such property with adequats water capacity
by designing, constructing and installing a water main of a minimum
ir.side diameter of eight inches (811), hereafter referred to as
"required facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 East McKinney, Denton, Texas, 76201, hereafter
referred to as "C?.ty," in accordance with its ordinances, wishes to
participate in the cost of the construction and installation of
said water main to provide for an "oversized" water main to expand
its utility system and insure adequate utility service to other
customers;
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows:
1. Developer shall design, install and construct a twelve
inch (12") water main and all necessary appurtenances thereto,
hereafter referred to as "oversized facilities", located as shown
on Exhibit I, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of
City of Denton,Texas, Developer shall enter into a Development
Contract prior to beginning construction of the oversized facili-
ties. This Development Contract shall be in substantially the same
form as the Development Contract attached hereto as Exhibit II and
incorporated herein by reference. This Agreement shalt be subject
to and governed by the Development Contract and any othar applica-
ble ordinances of City.
3. Prior to beginning construction of the oversized facili-
ties, Developer shall obtain, at Developer's sole cost and expense,
all necessary permits, licenses ana easements. The easements,
deeds and plats therefor obtained by Developer shall be reviewed
'r,3 approved as to form and substance by City prior to the
neededieas ments, Developer shall provide City withlany orequested
documentation of efforts to obtain such easements, including
WATER MAIN FARTICIrArICt! ASREEMEST J LODGE CrmSTRLtC7IG4 Co., i%C,
PAGE I
4
I'cn
Oatc A
evidence of negotiations and reasonable offers made to the affected
property owners. Any easements for the oversized facilities
obtained by the Developer shall be assigned to City, if not taken
in City's name, prior to acceptance of the oversized facilities,
and Developer warrants clear title to such easements and will
defend city against any adverse claim made against such title.
4. City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities, as determined by City, and the cost of the oversized
facilities, as determined by City, shall not be in an amount not to
exceed Seventeen Thousand Four Hundred Dollars and No Cents
($17,400.00). City may elect one of the following methods to
determine the City's share of the cost:
a) The Developer shall prepare plans and specifica-
tions and furnish them to the City. City shall
competitively bid the required line and the over-
sized facilities in accordance with Chapter 252 of
the Local Government Code. The difference in the
bids shall be used to determine the City's share,
subject to the City's maximum participation in cost
as specified in this Agreement; or
b) The Developer shall prepare plans and specifica-
tions and take bids on the required line and the
oversized facilities. City shall pay Developer the
least amount of the following:
(1) The difference in the bids for the required
line and the oversized facilities;
(2) Thirty percent of the bid on th- oversized
facility, as provided for in Section 212.072
of the Local Government Code; or
(3) $17,400.00, the maximum participation cost al-
lowed herein.
City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing construc-
tion; changes in the price or cost of materials, supplies, or
labor; unforeseen or unanticipated cost because of topography,
soil, subsurface, or other site conditions; differences in the
calculated and actual per linear feet of pipe or materials needed
for the oversized facilities; Developer's decision as to the con-
tractors or subcontractors used to perform the work; or any other
reason or cause, specified or unspecified, relating to the con-
struction of the oversized facilities.
WATER MAIN PARTICIPATION AGP.EDENT / LODGE CONSTRUM DN CO., :NC.
PAGE 2
r
u
5. Within thirty (30) days of the acceptance of the facili-
ties by City, Developer shall submit to the City's Director of
Utilities the actual cost of the oversized facilities. Should the
actual cost of the oversized facilities be less than the cost on
which City's share was determined, City's share of the cost shall
be reduced proportionally, on a per linear foot basis, based upon
the difference of the actual cost of the oversized facilities and
the determined c-:st for rewired facilities. To determine the
actual cost of the oversizee. facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees,
contractors or subcontractors and shall have the right to require
Developer to summit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the over-
sized facilities.
6. Within sixtf (60) days of the date the Developer submits
satisfactory documentation of the actual cost of the oversized
facilities, as determined by City, City shall pay to Developer its
share of the cost thereof.
7. All notices, payment,, or communications to be given or
made pursuant to this Agreement by the parties hereto, shall be
sent to Developer at the business address given above and to the
Director of Utilities for the City at the address given above.
9. Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any kind whatsoever,
by reason of injury to property or person occasioned by any act or
omission, neglect or wrongdoing of Developer, its officers, agents,
employees, invitees, contractors or other persons with regard to
the performance of this Agreement, and Developer will, at its own
cost and expense, defend and protect City against any and all such
claims and demands.
9. If Developer does not begin substantial construction of
the oversized facilities within twelve (12) months of the effective
date of this Agreement, this Agreement shall terminate.
10. This instrument embodies the whole Agreement of the par-
ties hereto and there are no promises, terms, conditions or obliga-
tions other than those contained or incorporated herein. This
Agreement shall supersede all previous communications, representa-
tions or Agreements, either verbal or written, between the parties
hereto.
11. This Agreement shall not be assigned by Developer without
the express written consent of City.
WATER MAIN PARTICIPATION AZ;FEEMENT / LCVE CCNSTRUCTICN CC., :
PACE 3
t
u
AC!^.a Flo.
eat A..
12• Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this Agreement, shall be
brought and maintained in a court of competent jurisdiction in
Denton County, Texas,
Executed this the day of 19
LODGE /CqVSTRUCTION COMPANY, INC.,
DEVEL
BY:
I
Ted Zadeh
ATTEST:
CITY OF DENTON
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM;
HERBERT PROUTY, CITY ATTORNEY
i
C;\NPOOCSV\LODCENAT.A
NATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRCCIICN CO., INC.
PAGE
r
J
r
LES I A1'E'OF F(R E TRID'C , ,,,N If
a S 89'48'21' F 842.91' AggnQa Na.
o~i Eo ov w
'905 , : - -I Apes Item rr 'PA
' BLOCK I'E' 7 "k. g s Qate
50;0 ,F - g 16000 sr 5000 $F 6000 iG 3 ? .:Sb+ 5r
L '0C a0 ` 10000 ~ ~ r •t l~'
:r W'"°° v cc
Sir C6 TO ~O,STRIDGE DRIVE
w
rSO 34'' 4 ' t'4r 0 4 in ~ 5, t+9 ~
11000 140 rA F .I
16577 SF ? n 7080 Sr ~r 1957 Sr e $ o ^ 55~: F433 i4y
'ASS 44'C 6467 r i9
1yr7~ 5 Y89'S3vi a 5675) 14'r I
r g 59 4000 - :3eca~~-ss'~y ae~3 a
o '5500 Sr 50453aCf 181 65
r:
BLOCK 'qe Is 7a 8 seo9o : 119 Saco ,F 8 °a ela BLOCK 'A' e~
I_ yon vJ - ' 8~: a g io~• ~F 5 53
+ zf. 9na ,r JOE
4 60
01 18 '6500 SF ~ F ! L;. rJ / _
3'' e6oc ;F 6600 tr BENTWOOD CT
M1
52
BLO K e4 0' 1)561
Wm
ad
16500 Sr $ 140 40 00_ _ , 7 j?J•J,.
8 ~ 's uw .n t6Grr ° 50 + °j,~~''•
+ Y s
16600 it 80 6600 `.F g 'b07: 143, IF
i : M1 ,i.,
BZ 8 89,53 44,w W53 WE 16500 SF e I 14000. 14000 '1: 'n 1.715
1 1 r
4 48 8
r ;61'57 a. o Mid SF ja 5 6S51 -F f ' SF I
~ o M1 ..415 ^ .r _ t1
9al03'11'f - _
S N' 3 .
.56R iF 14 'boa' '4000 110e'' I, `O'•'''
2 OVERSIZED
{ J flE! ldDNI t
• ' 4
1 16 61. FACILITIES
61 n
55 , 5b 5- ,
44
• • BLOCK "Am BLOCK 'a'
ao 1
44 S -c
2 4,,, w ^
89`4' '2 w
515.04'
f
NI
n
0
I ^I 14 I
N
TO RYAN ROAD
ti 991"73' 328 C9'
F
EXHIBIT I
r
e
F (h !l l~ 1'ltill '1: '
s s 30^48'21' E
oom 842.91'
8
BLOCK !"E'
1
7 ^8 6
1 5000 5p 6 pw Sr
$024 Sr~$ 1a000 Sr 4 s • Data
L00ocoo
al 30 )o
W
TO FORRESTRIDGE DRIVE
b
s•w 58
r6S12 'r Z
5 =
59 44'
4000
65040 r 0 ' ?6000
BLOCK 965 mo0 Sr BLOCK A53
60
a0~9400 i•, 3BEKT v CT
- Wa7574• 0 i 52
61 ~~m SLO K "F" a. 0, Ma'6500 Sr
o
_!000_ 1~'ja 3~ 1
7 to
150 00' L R 1600
0 ;r $ 8 6 I 50
1 ~rv r 8 502.' aIJ Se •r
'a 6
6500 0 •,69'5!'44•"
1
St 8 14000' W53
'44'f t SaPSl N'E
r10 00' 1•
'69'5n34OE a, 6 3 6Q y~
't5000 17115 Sr S e i, ti
Q
48
- 9tl0!'1,•E n .,015 rr - '6561 51 i :^!76 Sr
63 364'
1 'S 44 Ir ~q I 1!600' ;q)
~4000
/ 7 rr `a'•~+w[Y'~. L.IRC .L 6!.09'
>o~ OVERS
4% '•'cro r5f, -----t_~,e07 OVERSIZED
IL 2`~ = FACILITIES
54 lg
56 '
BLOCK "a^ BLOCK 'a^
~
515.04'
. j
o
1 TO RYAN ROAD
EXHIBIT I
t
I
a••su ic:Jo
127~p t17e1rJ~JrfJa ~lIL I
1+MrfIMLimrnyvclvlr r nvvcvi Im 001i001
I n uy-ywi-~i
PROD TM-E: (G) OVERSIZE WATERLINES
ESTIMATED COST. $100 (X 1000) ~~°%,a,] i,.r1
GROUP Q
DESCRIPTION: Thb Project will allow for larger I"$ needed td 8er4m hRure
d*w* ment and oWOY wlMaater Plan.
PURPOSE: to bye "reoao:
" h& - to uPOmde Ox" lines before they need
COST
CALCULATION: Eadnwied coat $100.000
FUND NO REQUIREMENTS: ENOUMB6RANCE&VASH EXPENDITURES On Daftmx 1000)
First Qtr. Second Qtr. Third Qtr. Fourth Qtr.
INC DQ'
ExP
t ltae ENO Ev 25 25 x 8 X 25 26 t 26
lop 0 0
0 0 o p o 0
ts~e o 0 l 0 0 0 0 0 0
GASH EWWOrTURES
BOND REV AIC OTHER TOTAL SOW REV AIC OTHER TOTAI
TOTALISTYA $100 $0 00 $0 $100 $100 $0 $0 $0 $100
TOTAL aw YR. 9 0 0 0 0
0 0
TOTAL 3RD YR 0 0 0 0 p
0 0 0
GRAND TOTAL $100 $o o 0 0 0 0
$o eloo $100 00 $0 $0 8100
EJCUMBagµCE DATES Enouti *W fa SMX
WASE DATE AMOUNT OBJECT 0
Qwlww Pumha"
Oenwal Purdw"
MepecOon
Canetruaow AS SPENT 100 4138
M*m na"
ENCUMSERANCE TOTAL $100
COMMENTS: +
~l28/9319:14 P Exhibit 2
t,
r
DMLOPXENT CONTRACT/80ND
1. All construction of public improvements (i.e., streets, sidewalk,
utilities, drainage) requires development contracts to be executed prior
to construction of those improvements.
2. Payment and Performance bonds or escrows are only required if building
permits will be issued prior to public improvement construction being
completed and accepted.
3. Maintenance bond or escrow and affidavit of payment are required on all
public improvement construction projects prior to completion and
acceptance of the improvements.
4. Three-way development contracts apply when the owner and contractor are
separate entities. A Two-Kay development contract is used when the
owner is also the general contractor.
5. The development contracts, and applicable bonds or escrows must be
filled out in triplicate. All copies of each document must have
original signatures. You will want to copy the documents prior to
filling them out. Do not make copies after they are filled out and
signed.
6. Co-obligee bonds aae not acceptable. The bond forms provided bind the
principal and the surety to the City of Denton only. Do not attach co-
obligee riders.
7. Submit filled out documents to David Salmon, Senior Civil Engineer in
the Engineering and Transportation Department of the City of Denton.
The address is 215 East McKinney Street. Denton, Tx 76201, Phone (017)
$66-9350.
9. Once the documents have been processed through the City of Denton Legal
Department, construction may begin as well as building permit issuance
if applicable.
AEE00478
U
' AAAOOD97 9
PROJECT NO.
CONTRACT NO.
THE STATE OF TEXAS $
DEVELOPMENT CONTRACT CONTRACT
COUNTY OF DENTON S
Whereas,
hereafter referred to as "Owner," whose business address is
is the owner of real property located in the corporate limits of
the City of Denton, or its extraterritorial jurisdiction; and
Whereas, owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "City";
and
W'herias, an a condition to the beginning o' construction of
said development, a development contract is requited to ensure that
all streets, water and newer lines, drainage facilities and other
improvements which are to be dedicated to the public, hereafter
referred to as "Improvements," are constructed in accordance with
the City's specifications, standards and ordinances; and
(select applicable provision as follows)
whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the owner as named above; or
T
A;rtS i!:CI • ~-Xei
Da'c _ z- - e2 eq =9 .
Whereas, the owner elects to make such Improvements hereafter
set forth by contracting with
whose business address is
, hereafter
referred to as "Contractor"; and
Whereas, owner and contractor recognize that the City has an
interest in ensuring that the improvements subject to this
agreement, which will, upon completion and acceptance by the City,
become public property, are properly constructed in accordance with
the City's specifications and that payment is made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Snecifications. To construct and install the
Improvements in accordance with the procedures, specifications and
standards contained in Division II and III of the City's Standard
Specifications for Public Works Construction, North Central Texas,
as amended, and all addendums thereto, and all other regulations,
ordinances or specifications applicable to such Improvements, such
PAGE 2
f
R~rnC3 11cn
Olt,
specifications, standards, regulations and ordinances being
expressly incorporated herein by reference and being made a part of
the agreement as though written herein.
(b) Authority of -City Engineer: Inspections, Tests and
Orders. That all work on the Improvements shall be performed in a
good and workmanlike manner and to the satisfaction of the City
Engineer or his representative. The City Engineer shall decide all
questions which arise as to the quality and acceptability of
materials furnished, work performed, and the interpretation of
specifications.
The Contractor shall furnish the City Engineer or his
representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the
specifications applicable thereto. Any work done or materials used
without suitable inspection by the City may be ordered removed and
replaced at Contractor's expense.
Upon failure of the contractor to allow for inspection,
to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work
or materials, or to follow any other request or order of the City
Engineer or his representative, the City Engineer shall notify the
owner of such failure and may suspend inspections of such work
until such failure is remedied. If such failure is not remedied to
the satisfaction of the City Engineer, the City shall have no
obligation under this agreement to approve or accept the
Improvements.
PAGE 3
E i
+~oeido fro. -`OD
A2'nda 1!~rl
Def. (c) Insurance. To provide for insurance in accordance with
the insurance requirements applicable to contractors as provided
for in Item 1.26 of Division I of the
Pyblic Works Conat+-„ction Nor h Cen
as amended, the
provisions of which are expressly incorporated herein by reference;
provided, however, for purpose of this provision only, "owner," as
used therein, shall mean, the city of Denton.
(d) Means and Methods of Cone ructi, . That the means and
methods of construction shall be such as Contractor may choose
subject, however, to the city's right to reject any Improvements
for which the means or method of construction does not, in the
judgment of the City Engineer, assure that the improvements were
constructed in accordance with City specifica,.ions.
2.
Owner and
Contractor mutually agree as follows:
(a) Pertom That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are to be dedicated to the
public, the following security requirements shall apply, Unless the
development is a "one lot development," as defined by City's
Development Code:
(i) a performance bond in an amount not less than the
amount necessary to complete the Improvements, as
determined by the City Engineer, shall be submitted
guaranteeing the full and faithful completion of
the Improvements meeting the specifications of the
City, shall be in favor of the City, and shall be
executed by a surety company authorized to do
business in the State of Texas; or,
PACE 4
Agenla No .
Aprda lien
We _
(ii) if the cost of completing the improvements, at the
time building permits are requested, is in an
amount of $50,000 or less, as determined by the
City Engineer, cash money in the amount necessary
to complete the improvements, as determined by the
City Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow agreement
ensuring completion of the improvements. without
exception, the City's escrow agreement form shall
be used.
(b) Payment Bond' Assuranns o~~ That prior to
acceptance of the Improvements:
{i) a payment bond will be furnished in an amount not
less than one hundred percent (1004) of the
approximate total cost of the contract cost of the
Improvements, guaranteeing the full and proper
protection of all claimants supplying labor and
material for the construction of the Improvements,
shall be in favor of the City, and shall be
executed by an approved surety company authorized
to do business in the State of Texas; or,
(ii) if the total contract amount of all Improvements is
$50,000 or less, as determined by the City
Engineer, or the improvements, regardless of the
contract amount, are for a "one lot development,"
as defined by Cityte Development Code, and a
payment bond has not been submitted in accordance
with (i) above, owner and Contractor agree and
guarantee that any and all debts due to any person,
firm or corporation having furnished labor,
material or both in the construction of the
Improvements shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
That, upon the request of the City Engineer, owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or supplied
PAGE 5
=Iler,1-20
material for, the construction of the Improvements,
and, when requested, written statement from any or
each such subcontractors or suppliers that they
have bee n paid In full.
(c) naQ°_F~ sal Pavm*a (This
only where the provision (c) applies
Owner and Contractor are not he same panty.) That
as security for the
faithful completion of the Improvements,
Contractor and Owner agree
that the Owner shall retain ten
of the total dollar amount of the contract percent
approval or price until alter final
acceptance of the improvements by the City. The Owner
shall thereafter pay the Contractor
Contractor has the retainaga, only after
furnished to the Owner satisfactory evidence t
all indebtedness co hat
nnected
with the work and all sums of money due
for Labor, materials
apparatus, fixtures or machinery furnished
for and used in the
performance of the work have been paid or
otherwise satisfied.
(d) ZjjVjUjbXAagU. That upon completion and a
acceptance of the Improvements of the City, the Improvements shall
become the property of the city free and clear of all liens,
claims, charges or encumbrances of an
Of the Im y kind, if, after acceptance
provements, any claim, lien, charge or encumbrance is
made, or found to
exist, against the Improvements, or land
dedicated to the City, to which they are affixed, the Owner and
Contractor shall upon notice by the City promptly cause such claim
lien, charge or encumbrance
to be satisfied and released or
promptly post a bond with the City in the amount of such claim,
PACE 6
9// f
A7rda ten ~
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) Naintenangq Sond. That prior to approval or acceptance
of the improvements by the City, to furnish a maintenance bond in
form and substance acceptable to the City, in the amount of ten
percent (104) of the contract amount of the Improvements, insuring
the repair and replacement of all defects due to faulty material
and workmanship that appear within one year from the date of
acceptance. The bond shall be in favor of the City and shall be
executed by an approved surety company authorized to do business in
the State of Texas.
(f) Tnden d fication. To indemnify, defend and save
harmless, the city, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received as
sustained by any person, persons or property on account of the
operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of the
Contractor, his agents, employees or subcontractors in construction
of the improvements; and shall pay any judgment, with costs, which
may be obtained against the City growing out of such injury or
damage.
(g) Agreement Cont+~>>{~~, That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the construction of
the Tmprovements.
PAGE 7
Agoda No,
Oab . ' Zo
3. Occupancy: one Lot D RIDg."~*,z. Owner further agrees as
follows:
(a) That Owner will not allow any purchasers, lessee, or
other person to occupy any building within the development until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $7,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City may take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Coda, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of ci y. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees to
accept the Improvements.
5•-~IISLS4YRZnina Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
lie in Denton County, Texas. The terms and provisions of this
contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PAGE 8
S
~r
f
AV a liem
Date Z
6. Successor and Assigns. This contract shall be binding upon
and inure to the benefit of the parties hereto, their respective
successors and assigns.
Executed in triplicate this, day of
OWNER CONTRACTOR
BY: BY: _
CITY OF DENTON, TEXAS
BY:
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
I
PAGE 9
AAA029DE
1-pCnda No. Gip
AaenCa I!:rI _
oaie__1Z ^ oZD~q/
PROJECT NO.
CONTRACT N0.
PERFORMANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S KNOW ALL MEN DY THESE PRESENTS:
That
of County, Texas, hereinafter called Principal and
a Corporation organized under the laws of the State of
and authorized to do business in the state of Texas, h-ere nTafter
called "Surety", are held and firmly Iot, d unto the City o' Denton,
Texas, a Municipal Corporation, n Denton County, Texas,
hereinafter called "City" in the penal sus of
Dollars, lawful money of the United States, for the payment of
which sus well and truly to be made we bind ourselves, c?:r heirs,
executors, administrators, and successors, jointly and severally,
and firmly by these presents:
I
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the day of
proper performance of which the C't" 19 . in the
interest, a copy of which is hereto attached nand emade as part
hereof, for the construction of:
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed and fulfilled all of the
undertakings, covenants, terms, conditions, and agreements of said
Contract in accordance with the Plans, Specifications, and Contract
Documents during the the eof which may be granted original with or vithoutfn, and oti a to thexsurety,
Y.
PAGE ONE
z
P.3erC3 110.
.2 0,
and during the life of an Daie._------~-
and shall also well and trulyu causeytoebeiperformed and tilled
all the covenants, terms and conditions and agreements of any and
all authorized modifications of said Contract that may hereafter
bemade, notice of which modifications to the surety being hereby
waived; then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
AND, that said Surety, for value received, hereby stipulates
and &jrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed
thereunder, or the Plans, Specifications, Drawings, etc.
accompanying the same shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the torus of the
Contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the
of 19 day
PRINCIPAL
SURETY
BY:
BY:
ATTORNEY-IN-FACT
ATTEST:
SECRETARY
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
PACE TWO
r
U
f
AAA019DP
Aaend-~ t1o.
Doc. _ ~ o2-0
PROJECT N0.
CONTRACT N0.
PAYMENT BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S
THAT
of Cvunry, Texaa, hereinafter called principal and
a corporation organized under the laws of the State of
and authorized to do business in the State of Texas, here Wafter
called "Surety", are held and firmly bound unto the City of Denton,
Texan, a Municipal Corporation, in Denton County, Texas,
hereinafter called City , and unto all persons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the penal sum of
) Dollars, lawful money of the United States,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the day of
proper performance of which the City of Denton11, ,lTexas,~ has tan
interest, a copy of which is heroto attached and made a part
hereof, for the construction of:
PAGE ONE
a
Actrda Ka
AB'nCi Ilan
NOW, THEREFORE, if the Principal shall DafC__'g_=ZdL-Z
faithfully cause to be performed its duties and make or cause
Contractor to make prompt payment to all persons, firms, sub-
contractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
Contract that may hereafter be made, notice of which modification
of the surety is hereby expressly waived, then this obligation
shall be void: otherwise to remain in full force and effect.
Provided further, that if any legal action be filed upon this bond,
venue shall lie in Denton County, Texas.
AND THAT said Surety for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to
the terms of the Contract, or to the work performed thereunder, or
the Plans, Specifications, Drawings, etc., accompanying the same
shall in anywise affect its obligation on this Bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract, or to the work
to be performed thereunder.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the day
of , 19
PRINCIPAL SURETY
BY: BY:
ATTORNEY-IN-FACT
ATTEST:
SECRETARY
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
S
0
AAA019DF
' x74sfi'~:'
aac
PROJECT N0.
CONTRACT N0.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS:
That
of County, Texas, hereinafter called Principal and
a Corporation organized under the lave of the State of
and authorized to do business in the State of Texas, hers nafter
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City" in the penal sum of
Dollars, lawful money of the United States, the said sum being tan
percent (104) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the day of
proper performance of which the 'City of Denton, iTexas, has the
interest, a copy of which is hereto attached and made a part hereof,
for the construction of:
PAGE ONE
Apenda No.
ApenOa Iten
Oar.
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the work contracted to
be done and performed for a period of one 1
acceptance in writing by the City of Denton andr do allh necessary
wo:k and repair of any defective conditions growing out of or
arising from the improper work of the same, including, but not
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, backfillinq, compacting or any other cause or condition,
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
determines to be the result of defective work, materials or labor;
then this obligation shall be void, otherwise to remain in full
force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it Is agreed that the city may do said work and supply such
materials as necessary and charge the sum against the said Principal
and Surety on this obligation.
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive recoveries
may be had hereon for successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
bond, venueDshallulieein Dthat entonfCounty~gal action be filed on this
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the
of , 19 day
PRINCIPAL
SURETY
SY: BY:
AT'T'ORNEY-IN-FACT
PAGE TWO
Agenda P4
Agenda tten ~6
oalo
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
ATTEST:
BECRETARY
PAGE THREE
f
2
M 019DF
Agenda No. SOD
Agenda It m.
Dax _ -.,2 D ~q
P
eject:
Contract NO.
-_i
P OWNERIS AND CONTRAC1+pR'S AFFIDAVIT OF
AYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS
(This form may be used in lieu of a payment bond on contracts of
$50,000 or lose as provided for in Chapt. II, art. 3.07 (A)(4)(g)
Of Appendix A of the Code of Ordinances.]
That, pursuant
Contract entered tinto song the °ibns of that certain Development
between day of
1
11 4
herein as owner designated there n a elarr o
referred to herein as "Contractor and '
s City designated therein and
Oti►ner and Contractor hereby submit this affidavit nand state Texas;
oath, the following: , under
That all contractors, subcontractors and other persons
who provided labor or furnished materlale in connection
with the construction of the "Improvements", as designa-
t
ed in said Development Contract, have been paid in full
and
existing there
aid Improvemsments lienso or
or the land encumbrances
they are affixed.
which
OWNER
CONTRACTOR
SUBSCRIBED AND SWORN TO BEFORE ME this
14 , by day of
an Owner.
NOTARY PUBLIC, STATE OF TEXAS
SUBSCRIBED AND SWORN TO BEFORE ME this
19 by day of
as Contractor.
NOTARY PUBLIC, STATE OF TEXASS
II
F
Ap~r& NR `
CITY COUNCIL REPORT
DATE: February 15, 1996
TO: Mayor and Members of the Council
FROM: Rick Svehla, Acting City Manager
RE: Interlocal Agreement with Upper Trinity Regional
Water District for Placement of Wastewater Pipeline
on City Right-of-Way.
I
RECOMMENDATION: Staff recommends the adoption of an interlocal
agreement between the City of Denton and Upper Trinity Regional
Water District for purposes of placement of a wastewater pipeline
on City of Denton right-of-way on the Denton Branch Rail Trail.
(exhibit A)
SUMMARY: The Upper Trinity Regional Water District (UTRWD)
proposes to install and operate a wastewater pipeline on the south
end of the Denton Branch Rail Trail right-of-way in the City of
Corinth. The City of Denton owns the abandoned railroad right-of-
way purchased in July 1993. The right-of-way is being converted
into an intermodal hiking and biking trail under the grant from the
Texas Department of Transportation. The UTRWD requests use of a 10
foot strip on the most southern 1/10 mile of the line (exhibit B)
for a wastewater pipeline to carry wastewater from the City of
Corinth.
BACKGROUND: The City of Denton Water Utilities currently serves
the City of Corinth with wholesale water and sewer service. The
City of Corinth has entered into contract with the UTRWD to utilize
their wastewater treatment plant in Lake Dallas to treat
approximately one third of Corinth's wastewater. Due to growth
within the City of Corinth, additional wastewater pumping capacity
is necessary to prevent lift station overflow. The proposed
agreement will allow the construction of a new line from a pump
station near the Rail Trail to an Upper Trinity Treatment Plant in
Lake Dallas. This line will reduce the need for the expansion of
the City of Denton's Swisher Road pumping facilities. in addition,
the City of Denton will reduce its exposure to environmental risks
associated with possible sewerage overflows through this agreement
with UTRWD.
r
~Y
1
r
l
V
f
AQenda No. r
Agendt ltertl
PROGRAMS. DEPARTMENTS OR GROUPS AFFEC'FD: Desn Par s ap
Recreation's Branch Rail Trail Project, Denton Wate
the City of Corinth.
FISCAL IMPACT: City of Denton Water Utilities will experience a
reduction of wastewater revenues in the short term; however, this
project will allow the City of Denton to avoid an expensive
addition to the Swisher Road lift station and will reclaim
additional wastewater treatment capacity which is now serving the
City of Corinth.
RESPECTFULLY SUBMITTED:
Rick Sveh a
Acting City Manager
Prepared by:
Bob T
Superintendent
Parks and Recreation
Approved by-
Bet cKe n, ec tive Director
Municipal Serv' es/Economic Development
8004
I
{ b
t
DMOM
S~urTsf
DENTON BRANCH RAIL TRAIL
y 0 7'+wil'
E
i
r
i
R121q wSwithar R4
C" Of Dl hTm TEW
PARK$ AND RSCMMN DEPARMENT
r
A
I 40 ~ r h
k-0 0
I / 1 1 u <
to! 0- # 11P
oil
7$0 1
X 91 t`•'~11 Y `i ~lt
`II
en ton,
X\ N
o/ { + ` I
Branch
'7~•.~ " Fall end` b O Ohl '
f f ~'f•~ ~l,
UFT STATION No, I F in 2ZOO
t
2205' of ,
10" SEWER PIPELK ENCROACHK qT
FKROACHWMT ON OUTER 5' OF R.R. RAW
3-M
. gELOw eASE Of RAIL
I I
1AhTcI+ fbIlir
Exhibit B `
u
J: \WPDOC $ \ORD UP; R IN I T .ORD
Apend Is 70. ~ ~ '
Apende Irem
Otte
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE
UPPER TRINITY REGIONAL WATER DISTRICT FOR THE USE OF FORMER
MISSOURI PACIFIC RAILROAD RIGHT-OF-WAY FOR OPERATION AND MAINTE-
NANCE OF A WASTEWATER LINE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
6ECTION 1. That the Mayor is hereby authorized to execute an
Agreement between the City of Denton and the Upper Trinity Regional
Water District for the use of the former Missouri Pacific Railroad
Right-of-Way in the vicinity of the City of Corinth, a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. That this ordinance shall become ,affective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
BOB CA.STLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
r
a
717 -Z
INTERLOCAL AGREEMENT BETWEEN CITY OF DENTON
AND
UPPER TRINITY REGIONAL WATER DISTRICT
CONCERNING
USE OF FORMER MISSOURI PACIFIC RAILROAD RIGHT OF WAY
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS INTERLOCAL AGREEMENT FOR USE OF FORMER UNION PACIFIC
RAILROAD RIGHT OF WAY AND FOR OPERATION AND MAINTENANCE OF A
WASTEWATER LINE (the "Agreement") Is made and entered into as of the day
of 1996, by and between the CITY OF DENTON {"Denton"), a
municipal corporation of the State of Texas, and the UPPER TRINITY REGIONAL
WATER DISTRICT VDistrict"), a conservation and reclamation district created
pursuant to Article XVI, Section 69 of the Constitution of the State of Texas.
PREAMBLE
WHEREAS, Denton is a duly incorporated city of the State of Texas operating
under the Constitution and laws of the State of Texas; and
WHEREAS, Denton is a Participating Member of the District, and is represented
on the Board of Directors of the District; and
WHEREAS, the District was created to provide water and wastewater services
to cities and water utilities of the Denton County area; and
WHEREAS, Denton is participating in services of the District and is providing
services to the District; and
WHEREAS, the District is developing a regional wastewater system for
Participating Members generally in an area adjacent to the service area of Denton,
r
Z
t~C,-I•=1-ter-_- r~~.ia'~'/ l../f^~_i +
which system is planned to include a wastewater treatment plant, pump stations,
collection/transmission lines, and metering facilities; and
WHEREAS, Union Pacific Railroad heretofore has granted to Denton certain
rights to use and control specific segments of right of way previously used for railroad
purposes; and
WHEREAS. District desires to use for its Regional Wastewater System a portion
of right of way previously obtained by Denton from Union Pacific Railroad in the
vicinity of City of Corinth; and
WHEREAS, the District and Denton are authorized to enter Into this Agreement
pursuant to the District's enabling statute, H.B.3112 (1989 regular session of the
Texas Legislature) and the Texas Government Code, Chapter 791 (the "interlocal
Cooperation Act"i, and other applicable laws,
NOW THEREFORE, for and In consideration of the premises and mutual
covenants and undertakings of the parties hereto, the sufficiency of which Is hereby
acknowiedged and agreed upon, Denton and the District agree as follows;
Secdon I A Use of Right of-Way,In consideration of the District, through the
constructlon of the fagional wastewater system referenced above, reducing the high
level of wastewater discharge entering Denton'r '.ift Station serving the City of
Corinth, Denton does hereby grant to District the right to use a portion of the existing
Denton right of way generally described as the former Union Pacific Railroad right of
way for the purposes stated hereln. The portion that may be used by District is in the
vicinity of the City of Corinth, The District's use is limited to water and wastewater
lines. Ini;iai authorized use is for a wastewater line from City of Corinth Burl Street
Lift Station to the southern terminus of Denton's right of way where it joins existing
righ* of way that remains under control of Union Pacific Railroad, Exhibit A to this
Agreement sets forth the area of authorized use during construction, operation and
maintenance. General alignment of the wastewater pipeline is indicated on Drawings
Number P-1 and P-2 attached to Exhibit A., If District desires to install a water line
or a parallel wastewater line in the future, the District must first obtain the written
2 • NpMntrr,nvra
r
f
X32, 11 15, 0' __E; ?Fr -
r~n.125 9+_`
approval of Denton.
Section 1.2 P_..l+ {Pgse, Dlstrict is authorized to construct, operate, maintain and
replace a wastewater line and related appurtenances in the area described in Exh i,it
A. If additional uses are subsequently authorized by Denton, Exhibit A shall be
supplemented to describe the facilities so authorized, District, its employees and
contractors shall have access to the right of way to carry out the purposes authorized
herein.
Section 1.3 Protection of Qgnton and Other Exiatina FacttiHo•, Denton owns
and operates one or more water lines in said former Union Pacific Railroad right of
way. Denton may Install additional utility facilities and may construct trails, hiking
paths or other facilities. District's use of the right of way Is subject to senior rights
of Denton; and, District shall take precaution to protect the facilities of Denton, to
avoid damage or interruption of servlce. If any facilities of Denton are damaged by
District, It's employees, contractors or assigns, District shall be responsible for repair
or replacement to restore said facilities to original condition. Denton may inspect the
facilities being installed by District. District shall restore the right of way to a
condition as good as or better than original condition,
Certain facilities, other than those owned by Denton, are located and operated
within said former Union Pacific Railroad right of way. District shall take precaution
to protect such existing facilities, to avoid damage or interruption of service, If any
such facilities are damaged by District, it's employees, contractors or assigns, District
shall be responsible for repair or replacement to restore said facilities to original
condition.
Section 1.4 Acceaa. District shall, in cooperation with City of Corinth, provide
an additional point of access to the subject right of way for use by Denton and
District. City of Corinth has agreed to provide an access road and gate in accordance
with the letter dated February 7, 1996, attached hereto as Exhibit 8, Denton may,
at its sole option, construct a pedestrian and bicycle path on the surface of the ground
over the alignment of the District's wastewater pipeline. Said path to be constructed
V
t
321» 'a FFCF ?=;r,l Pp Apenda NO. G
_nda _T
oat Item
oaro_~G
of flex-base material with a minimum compacted thickness of six inches and maximum
width of twelve feet.
Section 1.6 Term of Use. District's right to use the right of way as specified
herein is agreed by the parties to be a continuing right, However, if District shall
cease to use the right of way for purposes herein authorized, the District's rights as
granted herein shall terminate, and the full right of control and use shall revert to
Denton.
This agreement is subject to the Line Sale Contract between Missouri Pacific
Railroad Company and the City of Denton dated July 2, 1993, which incorporates
compliance by Assignees of Denton with Section 8(d) of the National Tralls System
Act, 16 U.S.C. 1247(d), Pursuant to the above authority, District agrees, if required
by Missouri Pacific Railroad Company for operation of Its railroad, at its own cost and
expense, to adjust or remove any water or wastewater lines Installed by District under
this Agreement, upon notice of the reactivation of the Missouri Pacific Right-of-way
for purposes provided under said Act. District agrees to Indemnify and hold harmless
City for any claims or damages which may arise against Denton by reason of the
District adjusting or removing said water or wastewater lines by reason of such
reactivation of the right-of-way for railroad purposes.
Sectlon 1.6 Forc2 Medeurs. If by reason of force majeure any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this
Agreement, then if such party shall give notice and full particulars of such force
majeure in writing to the other parties within a reasonable time after occurrence of the
event or cause relied on, the obligation of the party glving such notice, so far as It Is
affected by such force majeure, shall be suspended during the continuance of the
Inability then claimed, but for no longer period, and any such party shall endeavor to
remove or overcome such inability with all reasonable dispatch. The term "Force
Majeure" as employed herein shall mean acts of God, strikes, lockouts or other
industriai disturbances, acts of public enemy, orders of any kind of the Government
of the United States or the State of Texas, or any Civil or military authority,
•4- e,aam►,wa~
I
e
r
i-
lit Ir'7h
ill j-'S ~'}coda No.
Agenda Item
C.'e2
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraint of government and people, civil
disturbances, explosions, breakage or accidents to machinery, pipelines or canals,
partial or entire failure of electric power supply, or on account of any other causes not
reasonably within the control of the party claiming such inability.
Section 1.7 Term of Agreement, This Agreement shall be effective on and
from the date first above written, and shall continue In force and effect for thirty (301
years or for such period of time that pipelines installed hereunder remain in use,
whichever is greater. This Agreement constitutes the sole agreement between the
parties hereto with respect to the use of said right of way.
Section 1.8 Addreaaes an Nod e, Unless otherwise provided herein, any
notice, communication, request, reply or advica (herein severally and collectively, for
convenience, called "Notice") hereln provided or permitted to be given, made or
accepted by any party to any other party must be in writing and may be given or be
served by depositing the same in the United States mail postpaid and registered or
certified and addressed to the party to be notified, with return receipt requested, or
by delivering the same to an officer of such party, or by prepaid telegram when
appropriate, addressed to the party to be notified. Notice deposited In the mail in the
manner hereinabove described shall be conclusively deemed to be effective, unless
otherwise stated her6ln, from and after the expiration of three days after it is so
deposited. Notice given In any other manner shall be effective only if and when
received by the party to be notified. For the purposes of notice, the addresses of the
parties shall, until changed as hereinafter provided, be as follows:
If to the District to: Executive Director
Upper Trinity Regional Water District
P. 0, Drawer 305
Lewisville, Texas 75067
If to City of Denton to: City Manager
City of Denton
216 East McKinney Street
5
y
f
1
` T T. 125 90?.
Agenda r1o. ~ ^0~,~
k nda Itery --77
Date
Denton, Texas 76201
The parties hereto shall have the right from time to time and at any time to
change their respective addresses and each shall have the right to specify as its
address any other address by at least fifteen 1161 days' written notice to the other
parties hereto.
Section 1,13 State or Federal Laws Rules Orders or Regulations. This
Agreement is subject to all applicable Federal and state laws and any applicable
permits, ordinances, rules, orders and regulations of any local, state or federal
governmental authority having or asserting jurisdiction, but nothing contained heteln
shall be construed as a waiver of any right to question or contest any such law,
ordinance, order, rule or regulation in any forum having jurlsdictlon,
Section 1.10 ever ill , The parties hereto specifically agree that In
case any one or more of the sections, subsections, provisions, clauses or words of this
Agreement or the application of such sections, subsections, provisions, clauses or
words to any situation or circumstance should be, or should be held to be, for any
reason, invalid or unconstitutional, under the laws or constitutions of the State or the
United States of America, or in contravention of any such laws or constitutions, such
invalidity, unconstitutionality or contravention shall not affect any other sections,
subsections, provisions, clauses or words of this Agreement or the application of such
sections, subsections, provisions, clauses or words to any other situation or
circumstance, and it is intended that this Agreement shall be severable and shall be
construed and applied as if any such invalid or unconstitutional section, subsection,
provision, clause or word had not been included herein, and the rights and obligations
of the parties hereto shall be construed and remain In force accordingly.
Section 1,11 J1ttWM- All amounts due under this Agreement shall be paid
and be due in Denton County, Texas, which Is the County In which the principal
administrative offices of the District are located, It Is specifically agreed among the
parties to this Agreement that Denton County, Texas, Is the place of performance of
this Agreement; and In the event that any legal proceeding is brought to enforce th+s
Agreement or any provision hereof, the same shall be brought in Denton County,
3
i
F
y
~C.125 ppa
Ali ^r z l:rm
Texas. o;~• -a2 4-~a/
IN WITNESS WHEREOF, the parties hereto acting under authority of their
respective governing bodies have caused this Agreement to be duly executed in several
counterparts, each of which shall constitute an original, all as of the day and year first
above written, which is the date of this Agreement.
A
i
7
~i
• S
r,
1 OD
y
UPPERTRINI R
Tom Harpool, President, Board of Directors
ATTEST:
Johnny Harris, Secretary, Board of Directors
(AUTHORITY SEAL)
APPROVED AS TO FORM AND LEGALITY:
John F, Boyle, Jr., General Counsel
CITY OF DENTON, TEXAS
City Manager
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
• -D
City Attorney
AWda No.
Ap Ma Rcm.
CITY COUNCIL AGENDA ITEM d 9 Co
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City Manager
DATE: 'February 13, 1996
SUBJ: CONSIDER REVISION TO RESIDENTIAL WASTEWATER
RATE SCHEDULES (SR and SRW)
RECOMMENDATION:
Consider approval of the wastewater rate ordinance
revisions to rates SR and SRW, to become effective March
1, 1996. The City Council reviewed this item in a work
session at the February 13, 1996 meeting.
The Public Utility Board (PUB) and staff recommended a
revision to the residential wastewater rate schedules
(SR/SR-64) which changes the methodology used for
residential wastewater billing. Residential wastewater
bills during future periods of December through January,
beginning with December 1996, would continue to be billed
on the previously established winter average. The PUB and
staff also recommend the December 1995 residential
waste.•-ater bills be recalculated, comparing the December
1994 to February 1995 winter average wastewater volume to
98% of the actual December 1995 water volume, and basing
the December 1995 billing on whichever volume is less.
Customers would receive a billing credit for December
1995 if applicable. Finally, the PUB and staff recommend
that December 1995 be removed from the calculation of the
new winter average residential wastewater volume, using
only the two months of January and February 1996, for
determination of wastewater billed volumes beginning in
March 1996.
SUMMARY:
Wastewater bills in December were much higher than normal
for many residential customers. Due to a lack of fall
rains, residential water use was abnormally high in
November and early December. Since residential wastewater
bills are based on 98% of actual water use for the
billing months of December, January and February,
December wastewater bills were much higher than normal
for many residents. Most of the above normal water usage
was related to irrigation, therefore customers are paying
for wastewater that has not returned to the wastewater
system. Several customers have complained about "unfair"
wastewater bills.
CITY COUNCIL AGENDA ITEM f. aCa ~~D
February 13, 1996 Apenla Item -2r
Date
To solve the problem of high December residential
wastewater bills, the recommendation is to recalculate
the Deceavemberragewaswilltewabetercompabillsred . to The 98t customers
current
of omers their cu actual
Dewicenter mber 1995 billed water volume, and ti Deceer
wastewater bill will be based on the 1 werhofrthesemtwo
volumes. A credit will be applied to all customer
billings if it's appropriate.
The December residential water volume is used in the
determination of the winter average water volume used for
residential wastewater billings for the following period
of March through November. Without a change in
methodology, the high December 1995 water volume will
result in a higher winter average water use and therefore
higher residential wastewater bills beginning in March
1996.
The PUB and staff recommend that December 1995 billed
residential water volumes be eliminated from the winter
averaging volumes used to bill residential wastewater
beginning in March, 1996. Only the billing months of
January and February 1996 would be used for averaging
residential water volumes during March 1996 through
February 1997.
To eliminate the billing impact of one particularly high
residential wastewater bill during the billing period of
December through February, future residential wastewater
billings during this period, beginning in December 1996,
would continue to be based on the average winter volume.
Therefore, a residential wastewater customer's billed
volumetwoL d remain constant over the 12 month period of
for wastewater billings beginning each March rage volume
To alleviate major fluctuations in water volumes during
an averaging month, volumes used in the calculation of
the winter average for the billing months of December,
January and February would be limited to 50% above or
below the existing winter average water volume used for
wastewater billings. If the water volume during any
billed month of December through January is Sot greater
or less than the existing winter average volume, the
existing winter average volume would le used in that
month for calculating the winter average.
For residential wastewater customers that do not
currently have a prior winter average water volume,
2
hgcnda;o. ' O
CITY COUNCIL AGENDA ITEM
;:nCalter7 _
February 13, 1996
Dar. _ ~ ~ p
December 1995 wastewater billed volumes would be based oil
the lower of 98t of 9,500 water gallons, or 9811k of the
actual water volume.
Attached are the recommended changes to the residential
wastewater rate schedules (SR/SRW) within the existing
wastewater rate ordinance (95-180).
BACKGROUND:
Residential wastewater bills are currently calculated
using a methodology that attempts to charge customers for
wastewater that actually returns to the wastewater
system. Since there are no residential wastewater meters
installed, wastewater charges are based on the metered
water use. It's assumed that only 2t of the water used in
the home is consumed and 98k returns to the wastewater
system. As a result wastewater charges are bated on 98$
the actual water volume. However, this wouldn't be
fair to customers during months when much of the water
usage is for lawr, irrigation and doesn't enter the
wastewater system. Therefore, wastewater volumes
currently are based on 98k of the actual monthly water
use for the "winter" billing months of December, January
and February, when it is assumed lawn irrigat' 4.on is
minimal. For the remainder of the year, March tnrough
November, wastewater volume charges are based on 98% of
the average water use for the billing months of December,
January and February, or 98k of the actual usage,
whichever is lower.
FISCAL SUMMARY:
A revision to the residential wastewater rate methodology
is expected to assist in limiting billed customer volume
variances, related to extreme weather conditions and
unusual individual usage patterns, in the residential
wastewater class. This class represents 35% of wastewater
rate revenue. The expected impact of revising the
December 1995 residential wastewater billings is
projected to be within a $50,000 to $75,000 range.
However, the December 1995 revenue significantly exceeded
budgeted revenue.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens of Denton, Residential Wastewater Customers,
Denton Municipal Utilities, Finance Department, Legal
Department, Public Utilities Board, and City Council.
3
x
d
Z
4p:r1i l;o. 4
CITY COUNCIL AGENDA ITEM ;,;l;.~a C:n
February 13, 1996
Oa:
Respectfully submitted,
ick Sveh a
Acting City Manager
Prepared by,
R.: Nelson, Executive Director
Department of Utilities
Exhibits:
1. Legal Department Rate Ordinance
2. Wastewater Rate Ordinances SR and SRW, effective 3/1/96.
4
96WWA7ER.0RD
Agenda No.
Agenda ttem-M17CE if p
Dale az
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 95-180 BY CHANGING THE SR AND SRW
RATES FOR RESIDENTIAL WASTEWATER SERVICE TO ESTABLISH A NEW
WEIGHTED AVERAGE METHODOLOGY FOR DETERMINING RESIDENTIAL WASTEWATEP.
RATES, AND TO ESTABLISH A SEPARATE PROCEDURE FOR DETERMINING
RESIDENTIAL WASTEWATER RATES, APPLICABLE ONLY TO THE MONTHS OF
DECEMBER 95, JANUARY 96 AND FEBRUARY 96; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance 95-180 is hereby amended by
adopting new SR and SRW Rate Schedules, attached hereto and
incorporated herein as Exhibit A, for residential wastewater
service, as provided for in Chapter 26 of the Code of Ordinances,
of the City of Denton, Texas.
SECTION II, That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. That the amendments to the Schedule of Rates
herein adopted shall be effective, charged and applied retroactive-
ly, as applicable, to all residential wastewater consumption
occurring on or after December 1, 1995.
PASSED AND APPROVED this the day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
r
AOW3 NO
=ltcn
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: - J
i
PAGE 2
c
SCHMULE SR
RESIDENTIAL WASTEWATER SERVICE
(Effective 3/01/96)
APPLICATION
Applicable for single family residential service, and individually
metered apartments or mobile homes or multi-family facilities with
less than four (4) units. Also applicable for wastewater service
without City of Denton water service.
Not applicable for sub-billing or other utility billing by service
user in any event.
NET MONTHLY RATE - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $6.20 / 30 days
(2) Volume Charge $2.37 / 1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is
calculated based upon an Average Daily Usage, established annually
during the billing months of December through February, and based
upon actual water consumption during those months. The Average
Daily Usage thus calculated establishes the wastewater volume
charge for each subsequent month, through the following February.
Otherwise, for customers possessing insufficient water consumption
billing history to establish an Average Daily Usage, wastewater
volume is calculated based upon the current month's water consump-
tion.
A. For customers with an established water consumption billing
history for the preceding months of December through February,
the Average Daily Usage applicable through the following
February shall be calculated at 98t of the average daily water
consumption for the preceding December through February,
subject to the following exception:
1. Weighting factor. If the Average Daily Usage so calcu-
lated deviates by more than 50t from the daily wastewater
volume (98t of average daily water consumption) calculat-
ed for any component month (December, January or Febru-
ary), the Average Daily Usage calculated for the previous
year shall be substituted for the daily usage in any such
deviant month in calculating a new weighted Average Daily
Usage to be utilized through the following February.
B. For customers without an established water consumption billing
history for the preceding months of December through February,
PAGE 1
v V
AW6s !bt -.442
Ap+_nds Hem p' -
Q2,. __L•Z --?D tom'
wastewater volume for each month through the following
February shall be calculated at 98V of the actual water con-
surription for the month, subject to the following limitations:
1. For the months of March through November, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98t of 6,500 gallons of water consumption.
2. For the months of December through February, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98t of 30,000 gallons of water consumption.
December, 199 hrough F b nary 1996 ONLY
A. For customers with a water consumption billing history
for the previous months of December through February:
1. The December 1995 wastewater volume shall be based on
the lower of:
a, the Average Daily Usage determined during the pre-
ceding billing months of December 1994 through Febru-
ary 1995.
or
b. 98t of the actual December 1995 water consumption,
up to a maximum of 30,000 water gallons.
2. wastewater volume for the months of January and Febru-
ary 1996 shall be calculated at 98V of the actual water
consumption for the month, up to 30,000 water gallons.
B. For customers without an existing Average Daily Usage:
1. The December 1995 wastewater volume billed shall be
98V of actual billed water volume, up to a maximum of
9,500 water gallons.
2. Billings for the months of January and February 1996
shall be 98V of actual water consumption up to a maxi-
mum of 30,000 water gallons.
The Average Daily Usage applied from March 1996 through
February 1997, will be calculated using only the billing months
of January and February 1996.
PAGE 2
i
o~enda?a. 6 ^ d~
P,^n.a Men-22:T p /
Dal:
MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE
Facility Charge
VOLUME CHARGE - WITH CITY OF DE= WATER UERVICE
With an established Average Daily Usage, billings through the
following February shall be based on the Average Daily Usage.
Formula:
Average Dai y tga~.e X Rate per 1,000 gallons
1000
For customers without an established Average Daily Usage, billings
for months other than December, January or February shall be based
on 98% of actual water consumption for the month, or 98V of 6,500
gallons, whichever is less.
Formula: The Lower of;
ACtual Water Consumption x 59-t X Rate per 1,000 gallons
1000
Or,
6.500 Gallons x sag X Rate per 1,000 gallons
1000
For customers without an established Average Daily Usage, billings
for December through February shall be 98k of the actual water
volume consumed for the month, up to a maximum of 30,000 gallons of
water volume per 30 days.
Formula:
Actual Water onstmotion X 98 X Rate per 1,000 gallons
1000
PAYME
NT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
PAGL 3
r,
Aw4s
QJ».,"Z ~.2p-
SPECIAL FACILITIES
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
SRN
NET MQNT}iLY RATE - WITHOUT CITY OF DENTON WATER SERVICE
SRI SRO
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $6.20 / 30 days $7.15 / 30 days
(2) Volume Charge $2.37 / 1,000 gals $2.73 / 1,000 gals
The customer shall pay a minimum volume charge on four thousand
(4,000) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The facility charge plus 4,000 gallons of wastewater
VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE
The billing for the wastewater volume shall be based on the
wastewater volume calculated during the billing period.
Formula:
Minimum Wastewater Volume x Rate per 1,000 gallons
1000
PAGE 4
z
L
t
r
rgtnaaMo.:910 -~LJO
1^enda h^n
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL TA =TIES
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRQ UULQN OF FACILITY C &M
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual day in rpa~;n~ 8-iod x customer charge
30 days
PAGE 5
4
Agenda No
Agenda llem,_e-
Oate J
SCMMULE SRW
RESIDENTIAL WASTEWATER SERVICE TO USERS
OUTSIDE CITY OF DENTON CORPORATE LIMITS WITH
CITY OF DENTON WATER SERVICE
(Effective 3/01/96)
APPLICATION
Applicable for single family residential sewer customers, individu-
ally metered apartments or mobile homes or multi-family facilities
with less than four (4) units outside of the corporate limits of
the City of Denton and also receiving water from the City of
Denton.
NET MONTHLY RATE
(1) Facility Charge $7.15 / 30 days
(2) Volume Charge $2.73 / 1,000 gallons
Except as otherwise stated in this schedule, wastewater volume is
calculated based upon an Average Daily Usage, established annually
during the billing months of December through February, and based
upon actual water consumption during those months. The Average
Daily Usage thus calculated establishes the wastewater volume
charge for each subsequen'~ month, through the following February.
Otherwise, for customers possessing insufficient water consumption
billing history to establish an Average Daily Usage, wastewater
volume is calculated based upon the current month's water consump-
tion.
A. For customers with an established water consumption billing
history for the preceding months of December through February,
the Average Daily Usage applicable through the following
February shall be calculated at 98t of the average daily water
consumption for the preceding December through February,
subject to the following exception:
1. Weighting factor. If the Average Daily Usage so calcu-
lated deviates by more than 50V from the daily wastewater
volume (98% of average daily water consumption) calculat-
ed for any component month (December, January or Febru-
ary), the Average Daily Usage calculated for the previous
year shall be substituted for the daily usage in any such
deviant month in calculating a new weighted Average Daily
Usage to be utilized through the following February.
PAGE 6
i.
r
' RpertG Ho. ~ J
' A9ecCa ht
Cate
B. For customers without an established water consumption billing
history for the preceding months of December through February,
wastewater volume for each month through the following
February shall be calculated at 98t of the actual water con-
sumption for the month, subject to the following limitations:
1. For the months of March through November, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98t of 6,500 gallons of water consumption.
2. For the months of December through February, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98t of 30,000 gallons of water consumption.
I
PAGE 7
M
i
. Agenda flo. D
Agenda Rem
Data
December 1995 through February 1996 ONLY:
A. For customers with an existing Average Daily Usage:
1. The December 1995 wastewater volume billed shall
be the lower of;
a. the Average Daily Usage determined during
the preceding billing months of December
1994 through February 1995.
or
b. 98t of the actual December 1995 water volume
up to 30,000 water gallons.
2. Billings for the months of January and February
1996 shall be 98V of the actual water consump-
tion up to 30,000 water gallons.
B. For customers without an existing Average Daily
Usage:
1. The December 1995 wastewater volume billed shall
be the lower of;
a. 98% of 9,500 gallons.
or
i
b. 98% of actual billed water volume.
2. Billings for the months of January and February
1996 shall be 98% of actual water consumption up
to 30,000 water gallons.
The Average Daily Usage, applied from March 1996 through Febru-
ary 1997, will be calculated using only the billing months of
January and February 1996.
MINIMS IL I
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
PAGE 8
S
4
a
Agenda No
Agenda uam `a
Date
,~:~~2~ yl
SPECIAL FACILITIF.S
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRORATIQN OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
VOLUME CHARGE
With an established Average Daily Usage, billings for the months of
March through February shall be based on the Average Daily Usage.
Formula:
Average W£a$tewater Volume X Rate per 1,000 gallons
1000
For customers without an established Average Daily Usage, billings
prior to December through February shall be based on 98V of actual
water consumption, or 98% of 6,500 gallons, whichever is less.
Formula: The Lower of;
Actual Water Consumption x 981 X Rate per 1,000 gallons
1000
Or,
6.500 Gallons x 98t X Rate per 1,000 gallons
1000
For customers without an established Average Daily Usage, billings
for December through February shall be 988 of the actual water
volume up to a maximum of 30,000 gallons of water volume per 30
days.
Formula:
Actual Water Consumption x 98% x Rate per 1,000 gallons
1000
PAGE 9
5
i
Aomh k ..r
Apy ft tt/A r 4i
CITY of DENTON, TEXAS MUNICIPAL BU)LOING"215 E MCKINNEY"DENTON, TEXAS76201
(817) 566-8200 @ DFW METRO 434-2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROW Rick Svehla, Acting City Manager
DATE: February 14, 1996
SUBJECT: OWSLEY PARK
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance naming a park on Stella Street as
the "Owsley Neighborhood Park."
BACKGROUND:
At the initiative of the Owsley :.oalition, a small tract of land was acquired in 1994 for use as
a park to serve the Owsley neighborhood. Funds for this acquisition and the construction of
recreational improvements were provided through the Community Development Block Grant
(CDBG) program. The park was completed in August, 1995.
City policy requires that park names be established by ordinance and upon a recommendation
to the City Council from the Parks ard Recreation Advisory Board. In accordance with this
policy (see Attachment A), the board appointed a committee to study possible names for the
Stella Street park and to develop a recommendation for the Park Board's consideration. Park
Board member Doug Chadwick, Council Member Euline Brock, Pat Gobble, Pat Dorrity, and
police officer Greg Hedges comprised the park naming committee.
At their November 20, 1995 meeting, the Park Board approved a recommendation from its
committee to name the park the "Owsley Neighborhood Park" (see Attachment B). This
recommendation is derived from the name of the platted subdivision in which the park lies -
Owsley Park Addition.
"Dedicated to Quality Senice"
I
r
F
City Council Report - Owsley Park
February 14, 1996 n_ -lea I,-, '
Page 3
FISCAL IMPACT:
No expenditures are required by this action.
RESPECTFULLY SUBMITTED:
Rick Svehla
Prepared by: Acting City Managef
Ed Hodney
Director of Parks and ecreation
Appr
1
Bett 3~-
Executive Director, MS/ED
Attachment
AAAtWNS 1
r
a
.
CITY OF DINTON
DEPARTMENT OF PARRS AND RECRRATIO FTW~l1:em
POLICY FOR NAMING PARR LANDS AND FACIL Yom` D ~
I. PROCEDURE FOR NAMING PARR LANDS AND FACILITIES
A. The chairman of the Parks and Recreation Board shall name
a committee that will be responsible for recommending a
name for all park lands and facilities to the Board.
B. The committee shall be responsible for research, study,
and recommendation of a proposed name to the Board.
Rationale for the selection of the recommended name shall
be given in writing.
C. The Parks and Recreation Board shall approve or
disapprove of the name recommended by the committee.
D. If the committee's recommendation is disapproved by the
Board, then the matter may be referred back to the
committee for further action.
E. Upon approval, the recommended name will be forwarded to
the City Council for their consideration.
II. GUIDELINES FOR NAMING PARR LANDS AND FACILITIES
A. Park lands shall be named within sixty (60) days after
acquisition.
B. Park lands and facilities shall be named in the following
manner:
1. In honor of individuals who donate land for park
space or donate a :major part of the funds required ~
to constrict or renovate a facility;
2. In honor of individuals who sell open space to the
City at a reasonable cost;
3. In honor of deceased national or state heroes;
4. In honor of deceased community leaders;
5. In relation to predominant characteristics or
physical features (lake, trees, stream, river) of 1
the land;
6. In relation to sub-divisions within the City;
7. In relation to streets adjacent to the park.
Re mess under 1, 2, and 4 should not be
publicized until final action has been taken by the City
council.
t
Y
1t 1
Y ' Agenda No. ~
Agenda l1tn;E ~
oats „2 0 -9
C. Recreation centers that are a part of or lie within the
boundaries of a park shall bear the name of that park
(such as North Lakes Center or Denia park Recreation
Center) unless the park name cannot be incorporated in
the facility name (such as Denton Senior Center).
I
4
ATTACHMENT B
Ajcnd3 NO
Excerpts from Park Board Meeting 11 7dam3fAxn_;CRfl
Parks i Recreation O- qj::~
Advisory Board
November 20, 1995
Page 3
Simpson said she has had four inquires from prospective contractors
about leasing the golf range, she will bring the issue back to the
Board at the January meeting after the RFP.
Interim Report on Blue Ribbon QQiM tt Work. Judd commented that
there was a lot of interest in the parks and beautification
committee. Hodney said some of the top ranking issues were:
upgrading existing parks, the expansion of Denis and North Lakes
recreation centers, Phase II of South Lakes, and additional
athletic facilities. Hodney said roller hockey was also surfacing
as a need to be addressed in the bond program.
ACTION TTENS
Naming of Park in Ows7e,Y Addition. Chadwick chaired a committee to
select a name for the new park. His committee members were: Pat
Dorrity, representative from the neighborhood, Pat Gobble with
United Way, Greg Hedges, COPS, and Council Member Euline Brock.
The committee recommended naming the park the "Owsley Neighborhood
Park". Chadwick made a motion that the park name be adopted as
recommended. Carter seconded, and the motion passed unanimously.
DIRECTOR 11S REPORT
ovation. Petty showed the plans for
the American Legion Building and explained that the roof will be
redone, the kitchen expanded, and new windows and doors added. The
building will meet ADA requirements. Petty said the award of a
construction contract is scheduled for consideration by the city
Council mid January, and the construction should be completed in
March or April. Simpson said the Senior Council for the MLK Center
and the American Legion Post have offered their suggestions and
approval for the renovation plans.
Status of Otjler ProieGt1. Simpson reported that the Denton Youth
Basketball Association program did well this year with
approximately 265 participants.
Denia Recreation Center's Outdoor Nature Program now has an indoor
climbing wall. Simpson invited the Board to the wall dedication on
Iovember 29, 1995, at 1:30 p.m.
f
i
Agenda No.
2 4?
ORDINANCE NO.
AN ORDINANCE NAMING CERTAIN PROPERTY WITHIN THE CITY OF DENTON,
OWSLEY NEIGHBORHOOD PARK; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City, in 1994, purchased approximately 0.7 acres
of property located on Stella Street, between Avenues G and H,
being lots 3, 4, and 5, Owsley Park Addition in Denton, Denton
County, Texas and more fully described in the attached Exhibit "A
which is made a part of this ordinance for all purposes, for use as
a public park to serve the Owsley neighborhood; and
WHEREAS, a committee composed of Doug Chadwick, Councilmember
Euline Brock, Pat Gobble, Pat Dorrity, and police officer Greg
Hedges recommended to the Parks and Recreation Advisory Board the
name of "Owsley Neighborhood Park" for consideration; and
WHEREAS, the Parks and Recreation Advisory Board, at its
November 20, 1995 meeting, approved the recommendation from its
committee and recommends to the City Council for its consideration
the name of "Owsley Neighborhood Park"; and
WHEREAS, the City Council has determined that it would be
proper and fitting to name the park Owsley Neighborhood Park; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the public property acquired for public
purposes located on Stella Street, between Avenues G and H in
Denton and more fully described above and in the attached Exhibit
"A" shall now and hereafter be known and designated as "Owsl.ey
Neighborhood Park".
SECTION II. That the Planning and Zoning Commission of the
City of Denton, Texas, is hereby authorized and directed to let
that public park herein named Owsley Neighborhood Park be so
designated on the official map of the City of Denton, Texas.
SECTION III_ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of Y 1946.
BOB CASTLEBERRY, N.AYOR
b
F
E c
Aoenda No.
ACenda )tem
Oato =
{O
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: .44
1
Page 2
r
0
F
fV
W. HICKORY
S"i'SL1.A - -
~ II, 9
W su ECY PROP
O - CHARLOTTE
r ul
Q W
Q I
LOUISE -
I ~
PRAIRIE
-
71-
j
- - -
S ~I
r
li
{
E:'.,aF CS\CRD\RV ES.iR0
Avr& No. Q UD P'
Agenda Item.
Oue r O
ORDINANCZ' NO.
AN ORDINANCE AMENDING ORDINANCE NO. 94-183 RELATING TO THE RULES OF
PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY
PROVIDING THAT EVERY MEMBER OF THE CITY COUNCIL WILL HAVE AT LEAST
ONE OPPORTUNITY TO SPEAK ON EACH ITEM BEFORE THE CITY COUNCIL; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 94-183 is hereby amended by
amending section 7.6 Demand for Roll Call to read as follows:
Section 7.6. Demand for Roll Call.
Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the
exception of those circumstances set forth in Section 7.12.
The Previous Ouestion. It shall not be in order for members
to explain their vote during the roll call.
SECTION II. That Ordinance No. 94-183 is hereby amended by
amending section 7.12 The Previous Question to read as follows:
Section 7.12. The Previous Question,
When the previous question is moved and seconded, it
shall be put as follows, "Shall the main question be now put?"
There shall then be no further amendment or debate, except
that nothing herein shall allow the previous ouestion to be
called prior to a least one opportunity for each member of the
Cguncil to speak on the question before the Council. Any
pending amendments shall be put in their order before the main
question. If the motion for the previous question is lost,
the main question remains before the Council. An affirmative
vote of 3/5 of the Council shall be required to move the
previous question. To demand the previous question is
equivalent in effect to moving, "That debate now cease, and
the Council shall immediately proceed to vote on the pending
motion." In practice, this is done with the phrase, "Call for
the question" or simply saying, "Question".
SECTION III. That save and except as amended hereby, all the
sections, clauses, and phrases of Ordinance No. 94-183 shall remain
in full force and effect.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
{
f
7,oSa r,~~ _t- j•
PASSED AND APPROVED this the day of 1996.
BOB CASTLE BERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: U r ~4' 1
PAGE 2
{
b
e
. AIuN► Mu
Apoft P7
Ap l O
CITY OF DENTON, TEXAS MUNlC1PAL 60LD1NG DENTON, TEXAS 76201 , TELEPHONE (817 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: February 16, 1996
SUBJECT: Resolution Authorizing the City Manager To Request
Reimbursement Pursuant to the Public Transportation
Contract With the Texas Department of Transportation
RECOYXENDATION:
Staff recommends the adoption of this resolution.
SUMMARY:
Upon approval by the City Council, this resolution would authorize
the City Manager to request reimbursement from the Texas Department
of Transportation for operating and planning expenditures used to
fund public transportation in Denton.
BACKGROUND:
Staff was notified in January that TxDOT had deobligated public
transportation funds associated with Project Number URB-9501(18)2,
Contract No. 515xxxF6009. This contract between the City of Denton
and TxDOT pertains to the FY 194-95 grant and allocated funding for
planning, capital, and operations to support public transportation.
The funding is made available each biennium through action by the
State Legislature. At the conclusion of the biennium, and
following action by the Governor and the State Comptroller's
Office, the funds are deobligated and returned to the State
Treasury if they haven't been disbursed.
The TxDOT District 18 Office notified Staff that the request for
reimbursement for planning and operating expenditures was received
after the funds were deobligated. This occurred as a result of
transitions in both Finance and the City Manager's Office
concerning the administration of the grant as well as a delay in
receiving the final billing information from SPAN (See Attachment
1).
'Dedicated to QuafiryService"
f
1!
~penda Ho. ~ ~
Following the notification, staff spoke with TxDOT in Dallas and
in Austin to determine the method for requesting disbursement
following deobligation of the funds. Richard Christie, Division
Director of TxDOT in Austin, asked that Staff forward a formal
Council resolution requesting reimbursement for planning and
operating expenditures. Upon receipt of the resolution, TxDOT will
contact the State Comptrollerts Office to transfer funding to
complete this transaction.
To ensure a more effective administration of the grant, Staff has
implemented a quarterly billing procedure which will require the
State to issue reimbursement on a more frequent basis thereby
averting the need for a year end billing. Additionally, the
process for preparing the billing has been streamlined to preclude
any extended review, yet ensure the billing meets every test of
accuracy and completeness.
PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED:
None.
FISCAL IMPACT:
The City is requesting reimbursement for planning and operating
expenditures totaling $107,766.42.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
~ Rick Svehla
Acting City Manager
Prepared by:
Gv'
Jose Portugal
Assistant to the Cit Manager
Attachments: 1. Letter to TxDOT, dated January 22, 1996
2. Resolution
v
R -s-.
Agenda N056
Agenda Item
M ~Z -
[DP
CITY OF DENTON, TEXAS MUNICIPAL 3UILDING DFNTM TEXAS 76201 • TELEPHONE 817-5664309
Office o1 the City Secrefary
January 22, 1996
Mr. Chris Anderson
Public Transportation Coordinator
Texas Department of Transportation
P. O. Sox 3067
Dallas, TX 75221=3067
Dear Chris:
Pursuant to our discussion this morning concerning the deobligation
of planning and operating funding for Project Number URB-9501(18)2,
Contract No. 515xxxF6009, the following information is furnished.
During the last year, the City Manager's Office and the Finance
Department experienced an extended transition concerning the
administration of the grant which began in mid-1994. The ensuing
changes affected both office's through the next application period
and correspondingly the preparation of the final billing.
Consequently, the delay in submitting the FY 194-95 statement to
the State is partially attributed to this occurrence.
Additionally, SPAN, which is contracted to provide the monthly
I billing information to the City, experienced network difficulties
in compiling their data. Ultimately, the monthly billing is
forwarded to the City where it undergoes an accounting and audit
review to ensure its accuracy. The final billing from SPAN was not
received by the City until the first of October.
During this critical time of preparing the final billing for the
State, the City was also conducting its annual thirteen month
accounting to reconcile the expenditures for the fiscal year. This
necessary action also contributed to the delay in forwarding the
final billing to the State.
Finally, the City intends that the billing as submitted meets every
test of accuracy and completeness. Thus, in reviewing the final
document at the Christmas holidays, the final peer review did not
occur until the week between Christmas and New Years. The end
result was to forward the final billing in the week following the
holidays. 7 understand that the billing was dated January 5 and
reached your office sometime thereafter.
Aoenda No.
Agenda Item
Dale
Mr. Chris Anderson
Page 2
The City of Denton understands that the final billing is due at the
end of the grant year. Further, it has been our understanding that
a grace period of approximately thirty days is allowed provided
discussions occur with TxDOT to ascertain the circumstances
surrounding the delay. Also, we do understand that TxDOT sent
correspondence alerting grantees that the funds would not be
carried forward past August 31, 1995. Certainly, we apologize for
the delay and any inconvenience this may have caused.
However, we believe that the situation as outlined was certainly
out of the ordinary. Further, the City has taken measures to
ensure that quarterly billings will be sent to the State to more
nearly monitor the administration of the grant in a timely fashion.
This is an outcome of the transition as previously noted and the
belief that the City can better manage the grant from this point
forward since the operational system is growing. Therefore, we
would appreciate any assistance you could provide toward the
resolution of this issue.
You may recall in our conversation that the FY 193-94 final billing
was sent to TxDOT on November 29, 1994. As I recall, the State did
reimburse the city on expenses incurred. This is not to excuse any
delay on our part, merely to suggest that the opportunity for
consideration for extenuating circumstances by the State had
occurred.
Representatives from the City are willing to travel to Dallas or
Austin to further explain this unfortunate delay. If you need
additional assistance, please contact me at (817) 566-8307.
Sincerely,
Josep Portugal
Assistant to the City Manager
cc: Rick Svehla, city Manager
a
r
J'.V-PDOLS\RES\REIMBURS.RES ~lv-~ J
Aorl.3 ilea _
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST REIMBURSEMENT
PURSUANT TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Secretary of Transportation is
authorized to award grants for a mass transportation program of
projects and budget; and
WHEREAS, the State of Texas is authorized under TEX. REV. CIV.
STAT. art. 6663b, to assist the City in procuring federal aid for
the purpose of establishing and maintaining public and mass
transportation projects; and
WHEREAS, on August 16, 1994, the City Council adopted Resolu-
tion No. R94-040 which authorized the City Manager to execute a
Public Transportation Contract with the Texas Department of
Transportation; and
WHEREAS, the City has submitted its final billing to the Texas
Department of Transportation requesting reimbursement for planning
and operating expenditures used to fund public transportation in
Denton; and
WHEREAS, the State has notified the City of Denton that the
funds allocated for reimbursement were deobligated at the close of
the biennium; and
WHEREAS, the City of Denton acknowledges that the final billing +
was submitted after the funds were deobligated and has been
notified by the Texas Department of Transportation that a formal
resolution of the City Council would be necessary to effect
reimbursement for the contract; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I, That the City Manager is authorized to forward to
the Texas Department of Transportation on behalf of the City of
Denton, Texas, a copy of this resolution requesting reimbursement
as expeditiously as possible.
SECTION II. That the City Manager has implemented quarterly
billing procedures to provide more effective administration of the
public transportation fund grant.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
t
e
1
s
F
Agenda Co
r`
Agenda Item
Dell
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
l ~
/lj
BY:
a
Apo& ft
AW411 IM11
Ow
CITY OF DENTON
DIVERSITY TASK FORCE DEVELOPMENT
January 8 - 9, 1996
MISSION
The City of Denton strives to capitalize on the contributions
and interests of individuals from diverse backgrounds to enhance
its mission, operations, and delivery of services. We, will foster
fairness and equal access for all employees and citizens.
MAJOR DIVERSITY ISSUES
4 Workforce issues
4 hiring and promotion issues
Diversity hiring issues
4 Relationships between police and community
4 Language issues
Disciplinary issues
4 Race relations in the community and city
0 University student issues
4 Pay and pay increase issues
4 Contracts and bidding policies
STRUCTURE OF THE TASK FORCE
18 members, 14 appointees and 4 city employees
TASK FORCE OBJECTIVES
4 Coordination between the taskforce and the city's Workforce
Diversity Committee
0 Study selected diversity issues and provide solutions and
recommendations
Recommendations should be suitable for addressing through the
organization structure
0 Completion of Phase I should take 6-9 months
APPOOA69
011096/jy
' Jn\~pdoce\resldirenlt.ree
Aperd3 lIo .
Agenda hum
cafe 9,
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DIVERSITY TASK
FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS TO SECURE THE PROFES-
SIONAL SERVICES OF A FACILITATOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council participated in a workshop on
diversity and developed the following mission statement:
"The City of Denton strives to capitalize on the contribu-
tions and interests of individuals from diverse backgrounds
to enhance its mission, operations, and delivery of
services. We will foster fairness and equal access for all
employees and citizens"; and
WHEREAS, the City Council desires to establish a Diversity Task
Force of citizens and employees representative of the diversity in
the community; and
WHEREAS, such task force will comprise eighteen members
organized as follows:
- two citizens appointed by each City Councilmember and the
Mayor, for a total of fourteen citizen members,
- four city employees appointed by the City Manager
or Acting City Manager; and
WHEREAS, such task force will operate pursuant to the above
mission statement, and will be initially charged with the following
purposes:
h
1. study selected diversity issues and provide solutions and
recommendations to the City Council,
2. such recommendations should be suitable for addressing
through the organization structure,
3. coordination will occur between the City"s wort', force
diversity committee and this task force,
4. completion of this first phase I should take approximately
six to nine months, NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION i. The city council hereby establishes a Diversity
Task Force Committee with a mission to capitalize on the contribu-
tions and interests of individuals from diverse backgrounds to
enhance its mission, operations, and delivery of services,
comprising eighteen members, fourteen of whom will be citizen
appointees and four of whom will be city employee appointees.
hPc~~glJo ~ _ U
SECTION II, The City Council, recognizing the value f having
an outside expert and facilitator assist this task force with its
work and development of its recommendations, authorizes the City
Manager to expend funds within his purchasing authority to secure
these professional services, pursuant to a contract approved by the
City Attorney. Imo,
PASSED AND APPROVED this the L day of
1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP OVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
B
i
PAGE 2