HomeMy WebLinkAbout07-02-1996 d
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CITY COUNCIL AGENDA PACKET
July 2, 1996
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Agenda Nn.
AGENDA Agenda Item
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CITY OF DENTON CITY COUNCIL Oate
July 2, 1996
Closed Meeting of the City of Denton City Council on Tuesday, July
21 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 PERMISSIBLE.
1. Closed Meeting:
A. Legal. Matters Under TEX. GOV'T CODE Sec. 551.071
1. Consider acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the city from Bill
Methe.nitis, Trustee; the possible lease of the
assigned property and discussion regarding terms of
the lease relative to the Texas Instruments
Addition, Lot 11 Block 1.
2. Consider selection of five individ•jals from a list
of seven nominees recommended by the steering
Committee of cities to serve on committee involved
in a mediation effort in GTE v. City of Denton, at
Al_,., and determine the City's representative in the
franchise fee dispute litigation.
3. Deliberate and consider the appointments to and to
resolve conflict of interest questions in regard to
the Board of Directors of the Economic Development
Corporation of Denton, Inc.
4. Cohaaen. et al v. City. Consider further
settlement negotiations with Plaintiff's and final
settlement authority on this case.
B. Real Estate Under TEX. GOV'T CODE Sic. 551.072
1. Consider acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the City from Bill
Methenitis, Trustee; the possible lease of the
assigned property and discussion regarding terms of
the lease relative to the Texas Instruments
Addition, Lot 1, Block 1.
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
1. Deliberate and consider the appointments to and to
resolve conflict of interest questions with regard
to the Board of Directors of the Economic
Development Corporation of Denton, Inc.
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City of Denton City Council Agenda ApendeNo.
July 2, 1996
Page 2 Agenda Item
Date
Regular Meeting of the City of Denton City Council on Tuesday, July
21 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
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - i pledge allegiance to thee,
Texas, one and indivisible."
2. Consider approval of the minutes of June f and June 11, 1996.
3. Citizen Reports
A. Receive a citizen report from Greg Sawko regarding the
Kiwanis Fire Works Display.
B. Receive a citizen report from Mary Horn regarding tax
collection for the City of Denton.
C. Receive a citizen report from Cecil Jones regarding
overhanging tree limbs on his property.
D. Receive a citizen report from R. L. Hight regarding
overhanging tree limbs on his property.
E. Receive a citizen report from Jeff Smith regarding
amending City ordinances dealing with types of animals
allowed within the City limits.
4. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance rezoning .58 acres of land from the
Agricultural (A) zoning district to the Single Family 7
(SF-7) zoning district. The property is located on the
northeast corner of Westgate and Windsor. (The Planning
and Zoning Commission recommends approval 7-0.)
B. Hold a public hearing and consider adoption of an
ordinance to rezone 52.9693 acres from Planned
Development 117 (PD-117) to the Single Family 7
Conditioned (SF-7[c)). The property is located on the
north side of Robinson Road, approximately 400 feet west
of State School Road. (The Planning and Zoning
Commission recommends approval 5-0.)
C. Hold a public hearing and consider adoption of an
ordinance making a minor amendment to PD155. The 4.91
acre tract is located on the north side of Teasley Lane,
west of Lillian Miller Parkway. (The Planning and Zoning
commission recommends approval 7-0.)
City of Denton City Council Agenda
July 2, 1996 Agenda No.(
Page 3 Agenda item_
Date
5. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the city Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has rece.,ved 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 6.A,
6,B, 6.C). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
the Consent Agenda. A citizen may not speak or fill out a "request
to speak" form on an item on the Consent Agenda unless the item is
removed from the Consent Agenda. The speaker shall be allowed to
speak and the item shall then be considered before approval of the
Consent Agenda.
A. Bids and Purchase Orders;
1. Bid 11898 - Diesel Generator - 20Kw
2. RFSP 119D3 - I.E.D. Electric Meters
3. Bid 11905 - Power Transformer
4. Bid 11913 - Automatic Transfer Switchgear
5. Bid 11912 - Annual Contract for sale of scrap
electric wire and scrap metal
6. P.O. 165795 - IBM Corporation - GIS hardware
upgrade
7. Change Order - PO 164553 - Scripture Street 20" and
8 11 water line
B. Tax Refunds
1. Durwood B. Bradshaw, Jr. - $1,320.46
6. Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid 01898,
5,A.2. - RFSP 11903, 5.A.3. - Bid 1905, 5,A.4. - Bid
11913, 5.A.5. - Bid 1912)
B. Consider adoption of an ordinance authorizing the
execution of a change order to a contract between the
City of Denton; and providing for an increase in the
contract price. (5.A.7. - P.O. 164553)
C. Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance with the provisions of state law exempting,
such purchases from requirements of competitive bids.'
(5.A.6. - P.O. 165795)
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City of Denton City Council Agenda c!/
July 21 1996 Agenda No. Page 4 Agenda Item
Date ) gC',
7. ordinances
A. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
Denton and the Texas Department of Transportation for the
furnishing and installing of traffic signals by a
municipality.
B. Consider adoption of an ordinance authorizing the City
Manager to execute an easement on behalf of Lone Star Gas
Company to provide natural gas distribution lines at the
Denton Municipal Airport.
C. Consider adoption of an ordinance authorizing the City
Manager to execute a contract between the City and Red
Development, LLC for the purchase of real property for
landfill expansion.
D. Consider adoption of an ordinance authorizing the City
Manager to execute an engineering services contract
between the City of Denton and Teague, Nall, and Perkins,
Inc. for Pecan Creek Drainage Study and South Lakes Park
Detention/Recreation Pond.
8. Resolutions
A. Consider approval of a resolution establishing maximum
rates that Marcus Cable Associates, L.L.P. may charge its
Denton cable television subscribers for the basic service
tier and associated equipment; establishing a maximum
hourly service charge; and ordering refunds.
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9. Consider approval of an annexation schedule with regard to the
proposed annexation of a 96.85 acre tract located north of
Mingo Road and west of Cooper Creek Road and a 29.115 acre
tract located north of Blagg Road and east o' Geesling Road.
10. Consider and take action regarding a resolution of potential
conflict of interest questions regarding appointments to the
Board of Directors of the Economic Development Corporation of
Denton, Inc.
11. Consider nominations/ appointments to the City's Boards and
commissions.
12. Vision Update
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
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City of Denton City Council Agenda Agenda Nc 919 - 0
July 2, 1996
Page 5 Agen a Item
Date
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 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
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
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH {
THE CITY SECRETARY'S OFFICE.
ACCO031C
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CITY OF DENTON CITY COUNCIL MINUTES Agenda k %(2 n 7
June 4, 1996 Agenda item OZ
Oats -2-
The Council convened into a Closed Meeting on Tuesday, June 4, 1996
at 5:45 p.m. In the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council discussed the following in Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
1. Considered acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the City from Bill
Methenitis, Trustee; the possible lease of the
assigned property and deaccession with City
Attorney regarding terms of the lease relative to
the vacant Texas Instruments facility.
2. Deliberated and considered the appointments to and
possible litigation to resolve conflict of interest
questions with regard to the Board of Directors of
the Economic Development Corporation of Denton,
Inc.
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
10 Considered acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the City from Bill
Methenitis, Trustee; the possible lease of the
assigned property and deaccession with city
Attorney regarding terms of the lease relative to
the vacant Texas Instruments facility.
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
1. Deliberated and considered the appointments to and
possible litigation to resolve conflict of interest
questions with regard to the Board of Directors of
the Economic Development Corporation of Denton,
Inc.
The Council convened into a Regular Meeting on Tuesday, June 4,
1996 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. Pledge of Allegiance
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City of Denton City Council Minutes A;enAND-~
Ju
ne 4, 1996 AgenPage 2
Date
The Council and members of the audience recited the Pledge of
Allegiance to the U. S. and Texas flags.
Mayor Miller presented Yard of the Month awards to:
Ben E. Keith Beers
Larry and Terry Arnett
Richard Andrew and Diane Buchanan
Howard and Loraine Foster
W. J. Blagg, Jr. and Candy Blagg
Cooperts Copies and Printing
2. The council considered approval of the minutes of May 7 and
14, 1996.
Biles motioned, Young seconded to approve the minutes as presented.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Bertha
Odnoposoff regarding a City subcontractor destroying her bushes on
Longridge Drive.
Ms. Odnoposoff was not present at the meeting.
B. The Council received a citizen report from Nell Lights
regarding various issues with the City.
Ms. Lights stated that conditions regarding her issues had not
improved during this past week. David Salmon, Civil Engineer, came
to her property, 516 East Prairie, to inspect whether she could
build a home on her property. He indicated that half of her
property was in the flood way and half was out of the flood way.
She could build a home on the property but only on a certain
portion of the property. She had a conference with Frank Robbins,
Director of Planning and Development, who indicated that she did
not have a problem except for that the property was zoned retail.
Shea knew 514 Prairie was zoned retail but thought 516 was zoned
residential. Her tax statements from the City and County indicated
that that property was residential. If she had known the property
was not residential, she would not have purchased the property.
She was in the process of remodeling 514 Prairie as an office and
was moving a building to that location. She received a letter from
Jackie Doyle, Building Official, which indicated that she would
have to have seven parking lot spaces for her office building. She
had asked Mr. Robbins if she needed the parking spaces first and he
stated no that they could be put in afterwards. When she went to
get her permit she was denied the permit. She only had two days to
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City of Denton City Council Minutes A6enda No.?
June 4, 1996 Agenda Ite
page 3
Date-F}--
put in the parking lot or she would lose the house. She felt it
was unfair and asked Council for help with the matter.
C. The Council received a citizen report from Heidi Robinson
regarding illegal workers standing on the corner at Tippins
Cleaners.
Ms. Robinson stated that the situation on the corner by her
h business had gotten out of control, several weeks ago when the
Immigration service was called, the workers felt she had called the
police. On Monday the men began holding up their fists to the
workers at the cleaners. On Tuesday, someone tried to rob her
business. The next day someone called a lady working in the
afternoon at the cleaners to ask her if she scared enough. She had
asked for police cars for surveillance but did not get very good
response. On Thursday a worker came out of a restroom and
discovered a garment on fire from the bottom up by the door. The
Fire Department answered the 921 call extremely fast and probably
saved the cleaners and the worker from harm. The initial report
from the Fire Marshall was that it was their fault due to a vaulty
conveyor belt. Since then the fire report stated that tbo cause
was inconclusive. Her fire investigators have indicated that it
was not the fault of the machinery. It was scary to have those men
standing there and customers were afraid to come in to the
business. Nothing had been done to solve the problem. She could
not reopen her business due to the situation on the corner.
Mayor Miller stated that Council would be brought up to date on the
situation. The City was working with other citizens in the
community regarding the situation in the area.
Council Member Young stated that he sympathized with her and
understand the problem. The City had met with the business people
in the area and at this time was working on the problem.
Council Member Cott stated that they had located a private
corporation to raise funds to see that a facility was established
for the day workers. There was a major influx of people in the
area and the INS removed a good number of those people. He spent
much time on that street and felt there was no way the men could be
made to be quiet in the hot sun. They were looking for a place for
those individuals to sit and have a restroom which would be
hopefully away from the businesses.
Council Member Young stated that the business people in the area
had a legitimate concern regarding the situation. He suggested the
council consider an ordinance indicating no standing, sitting,
parking, etc. on that portion of Locust Street.
Mayor Pro Tem Brock stated that in the meantime criminal acts and
harassment of citizens was a City concern and there needed to be
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City of Denton city council minutes Agenda No..
June 4, 1996
Page 4 Agenda Item
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action taken when there were those types of acts. Perhaps the
police could concentrate on that area for a while.
Council Member Biles stated that there were two issues. one was
the City trying to move forward on the Labor Exchange issue which
had been worked on for nearly a year with some progress being made.
The other issue was one of enforcement.
4. Citizen Requests
A. The Council considered a request from Robin Selman for an
exception to the noise ordinance for a bikini contest on Sunday,
June 30, 1996 from 3:00 p.m. - 5:00 p.m. at 112 Eagle Drive.
Veronica Rolen, Administrative Assistant, stated that Robin Selman
had requested an exception to the noise ordinance for June 30th.
The event would take place in the parking lot of Igloo's on Eagle
Drive. Because the event was in a commercial zone a temporary use
permit was required in order for the event to take place. The
Building Official could grant the permit if certain conditions were
met. If Council granted this exception it would be contingent on
obtaining the temporary use permit.
Young motioned, Biles seconded to approve the request. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Hiles "aye", and Mayor Miller "aye". Motion carried
unanimously.
5. Public Hearings
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e rezoning i d1.32u aci hearin and
Multi-Family-1 d doMFiln
of zoning district, from the General Retail (GR) district. The site i
was located on the south side of Hercules Road, approximately 180
feet west of Stuart Road. (The Planning and Zoning commission
recommended approval 4-2.)
Frank Robbins, Director for Planning and Development, stated that
the agenda bask-up indicated that over 29t of the property within
200 feet was in opposition which would require a super majority
vote by council. That was no longer the case as there was a
withdrawal of opposition so that less than 20% of the land was in
opposition. Approval by Council would not require a super majority
vote of the Council. The property had been zoned general retail !
for many years. The applicant was applying for multi-family to
build apartments at the site. There were other apartments in the
manner of four-plexes in the area along with single family
residences. The proposal would be considered a downzoning due to
the reduction of intensity from general retail to multifamily.
The Mayor opened the public hearing.
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City of Denton city council Minutes Agenda Ho,L.z ~
June 4, 1996 Agenda Iteriwa~
Page 5
Date
Jack Bell stated that he had sent a letter to the neighbors in the
area indicating that he would meet with them regarding the
preliminary plans for the development. He received one call as a
result of that letter. That caller wanted to review the plans for
the traffic plans and the parking for the proposal. Due to that
one call, he felt confident that he would not have opposition when
he went to the Planning and zoning commission. The neighbors main
concerns dealt with (1) increased traffic, (2) parties at the
apartments, and (3) the location of the drive. The residents
i indicated that they would like a 9:00 p.m. curfew in the area as
the current businesses closed at 9:00 p.m. He used the Texas
Apartment Association lease which he felt would take care of any
possible party violations. The location of the driveway had not
been confirmed at this point. He had not been aware of the 9:00
p.m curfew issue before the Planning and Zoning commission meeting.
He did have a letter of intent from a local businessman to put in
24 hour day care center which would take care of a curfew. The
last concern was the increased traffic. Based on the international
Traffic Association guidelines, a 42 unit apartment house would
generate 315 trip per day as opposed to a restaurant which would
generate a total of 6,900 trips per day.
No one else spoke during the pubic hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96•-127
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
1.32 ACRES OF LAND LOCATED APPROXIMATELY 180 FEET WEST OF
STUART ROAD, ON THE SOUTH SIDE OF HERCULES ROAD; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Krueger motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance amending Chapter 34, Subdivision and Land
Development, amending the definition of subdivision such that lease
of land does not require platting, and providing for expiration
periods for preliminary m:,d final plats. (The Planning and Zoning
commission recommended approval 6-0.)
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City of Denton City Council Minutes Agenda Na
June 4, 1996 Agenda Item _
Page 6 Date "
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Frank Robbins, Director for Planning and Development, stated that
when the word "lease" was eliminated from the definition of
subdivision, the process was streamlined. In the situation when
there was a strip center and a number of ground leases, there would
not be a requirement to plat the ground lease. This was an almost
impossible provision to enforce because it might not be known how
the property would be leased. The second provision dealt with the
expiration of plats. This was a clarification of the existing
ordinance. In 1994 it was felt that House Bill 4 would not allow
the expiration of plats so the City's subdivision regulations were
amended. But the wording of the ordinance indicated that if HB 4
was amended to not apply to plats, preliminary plats and final
plats would expire in two years. The law was changed in 1995 which
clarified that the language still applied to plats and indicated
that cities might have an expiration period for plats. With the
language of the 1994 amendment and the intent of HB 481, this
ordinance would clarify the expiration of plats for the City. The
period for a preliminary plate would be extended from two to five
years.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-128
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-
11 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
CONFORM THE DEFINITION OF "SUBDIVISION" TO SECTION 212.004 OF
THE TEXAS LOCAL GOVERNMENT CODE; AMENDING SUBSECTION (d) OF
SECTION 34-17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
TO PROVIDE FOR EXPIRATION PERIOD OF PRELIMINARY PLATS;
AMENDING SUBSECTION (e) OF SECTION 34-22 0? THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR EXPIRATION OF
FINAL PLATS; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Beasley seconded to adopt the ordinance.
Council Member Biles stated that the staff report indicated that
the preliminary plat would expire if the final plat was not
approved rather than submitted. Why was `here such a distinction.
Robbins stated that the final plat might be denied. A plat might
be submitted and then denied. If that happened, the preliminary
plat would still be in effect.
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City of Denton City Council Minutes Agenda No.l~
June 4, 1996 Agenda Item
Page 7 Hate on roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
6. variances
A. The Council considered an exaction variance of Section
34-114(5) requiring perimeter street paving for the Alyssa and
David Addition. The subject property was in, the Single Family 7
(SF--7) zoning district and was located on the north side of
Willowwood Drive between McCormick and Kendolph. (The Planning and
Zoning Commission recommended approval 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this variance was associated with a four lot subdivision. This
variance would allow the paving of Willowwood Drive to not be up to
City specifications. Only two lots had frontage on Wiilowwood and
the Planning and Zoning Commission felt that the cost would be
excessive.
Brock motioned, Biles seconded to approve the variance. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye'', and Mayor Miller "aye". Motion carried
unanimously.
B. The Council considered an exaction variance of Section
34-116(e) requiring adequate water capacity for fire protection for
the GWJ Addition. The subject property was in Division 1 of the
F.TJ and was located approximately 700 feet east of Locust (FM 2164)
approximately a mile north of Loop 288. (The Planning and Zoning
Commission recommended approval 4-0.)
Frank Robbins, Director for Planning and Development, reviewed the
next four variances as they all dealt with the same piece of
property. The first variance dealt with fire flow standards with
the cost of the improvements being $336,000 for the water line for
the two-four acre lots. The drainage variance would eliminate the
requirement to install drainage pipe in the area and dedicate a loo
year easement on the plat. The street variance dealt with a
private street which would cost $35,000 which the Planning and
Zoning Commission felt was excessive for the impact on the
development. This variance was conditioned that the road would be
at least 20' wide. The cost of the sidewalk variance would be
$7,000 with no other sidewalks in the area.
Biles motioned, Young seconded to approve all the variances for
that piece of property as per the conditions by the Planning and
Zoning Commission. on roll vote, Beasley "aye", Brock "aye", Cott
"aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller
"aye". Motion carried unanimously.
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City of Denton city council Minutes Agenda No.(
June 4, 1996 Agenda lt. em__.
Page 8
Date
C. The Council considered an exaction variance of section
34-124(e) concerning drainage design standards for the GWJ
Addition. The subject property was in Division 1 of the ETJ and
was located approximately 700 feet east of Locust (FM 2164)
approximately a mile north of Loop 288. (The Planning and Zoning
Commission recommended approval 4-0.)
This item was considered with 06.B.
II D. The Council considered an exaction variance of Section
34-114 (17) concerning sidewalks for the GWJ Addition. The subject
property was in Division 1 of the ETJ and was located approximately
700 feet east of Locust (FM 2164) approximately a mile north of
Loop 288. (The Planning and Zoning Commission recommended approval
4-0.)
This item was considered with 16.B.
E. The Council considered an exaction variance of Section
34-114(3) concerning street paving standards for the GWJ Addition.
The subject property was in Division 1 of the ETJ and was located
approximately 700 feet east of Locust (FM 2164) approximately a
mile north of Loop 288. (The Planning and Zoning Commission
recommended approval 4-0.)
This item was considered with 16.B.
7, consent Agenda
Brock motioned, Biles seconded to approve the Consent Agenda as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye".
Motion carried unanimously.
A. Bids and Purchase orders:
1. Bid 01891 - Moncayo and Stuart 15" Sanitary Sewer
2. Check Requisition - Federal Energy Regulatory
Commission
B. Tax Refunds
1. Elizabeth Olufsen - $912.61
8. Consent Agenda Ordinances
Beasley motioned, Brock seconded to adopt the Consent Agenda
Ordinances B.A. - B.B. On roll vote, Beasley "aye", Brock "aye",
Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor
Miller "aye". Motion carried unanimously.
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City of Denton City Council Minutes
June 4, 1996 Agenda No.
Page 9 Agend !te
Date
A. NO. 96-129
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. (7.A.1.- Bid 11891)
B. NO. 96-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR ADMINISTRATIVE FEES TO FEDERAL ENERGY REGULATORY
COMMISSION (FERC); AND PROVIDING AN EFFECTIVE DATE. (7.A.2.)
9. ordinances
The Council
action takennbydLon0 Star oGaso Company in accordance
with the Gas Utility Regulatory Act to modify the main line
extension rate and implement a weather normalization adjustment
clause in the City of Denton.
Bob Nelson, Executive Director for Utilities, stated that on May
2
the City 4th Lone Star Gas filed its intent to modify the ordinance with
modification g of regarding
main line items.
clause i ithina their
existing rates. Presently Lone Star was required to install a gas
line to any requesting customer up to 1001 at no charge. Anything
beyond that point was paid at a per foot price. Presently that per
foot price was based on the entire system-wide average. Lone Star
was ` asking to change that to where it was based on an actual bid
price for the specific job which was a fairer method for customers.
The second item was the modification of a weather normalization
adjustment. Lone Start had a weather normalization which was part
of their normal rate package. In the event of a cold winter month
with a large volume of gas used, rather than using the same rate
for that large voluma, the rate would be reduced to help hold the
down the bill. In that case, Lone Star would only recover the
costs that it took for them to pay for the fixed part of their
system. If there was a warm month and low volume of gas used, the
regular rate would be used. This appeared to be rate neutral for
the gan customers.
The following ordinance was considered:
NO. 96-131
AN ORDINANCE CONFIRMING THE ACTION TAKEN BY LONE STAR GAS
COMPANY IN ACCORDANCE WITH THE GAS UTILITY REGULATORY ACT TO
MODIFY THE MAIN LINE EXTENSION PATE AND IMPLEMENT A WEATHER
NORMALIZATION ADJUSTMENT CLAUSE IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
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Page 10 4216
Biles motioned, Krueger seconded to adopt the ordinance.
City Attorney Prouty stated that the ordinance needed to be changed
so that the effective date would be on or after July 1, 1996.
Biles motioned, Young seconded to adopt the ordinance including the
change in language for the effective date. on roll vote, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance amending
Chapter 18, Section 18-109, to provide for an additional disabled
parking space on the west side of Cedar Street at its intersection
with West Hickory Street; and amending Section 18-109(a) to
correctly cite the new Texas Transportation Code. (The Traffic
Safety Commission recommended approval.)
Jerry Clark, Director of Transportation and Engineering, stated
that this was a request by the Denton Community Theater for the
Campus Theater building.
The following ordinance was considered:
NO. 96-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER
180 SECTION 18-109, TO PROVIDE FOR AN ADDITIONAL DISABLED
PARKING SPACE ON THE WEST SIDE OF CEDAR STREET AT ITS
INTERSECTION WITH WEST HICKORY STREET; AMENDING SECTION 18-
109(a) TO CLARIFY THE LANGUAGE; PROVIDING FOR A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger Faye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
10. The Council considered nominations/ appointments to the Keep
Denton Beautiful Board, the Development Policy Committee, and the
Data Processing Advisory Board.
Mayor Miller nominated Juanita Johnson to the Development Policy
Committee.
Lupe Tavor was nominated to the Data Processing Advisory Board by
Council Member Young at an earlier meeting. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye'$, and Mayor Miller "aye". Motion carried unanimously.
City of Denton City Council Minutes Agenda No.
June 4, 1996 Agenda item
page 11
Date
There was no nomination to the Keep Denton Beautiful Board.
11. The Council considered an appointment of a North Central Texas
Council of Governments voting representative.
Brock motioned, Young seconded to have Mayor Miller continue as the
voting representative to the North Central Texas Council of
Governments. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Young nays", Biles "aye", and Mayor Miller "aye".
Motion carried unanimously.
12. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items at this time.
13. There was no official action on Closed Meeting Items discussed
during the earlier Closed Meeting.
14. New Business
The following items of New Business were suggested by Council
Members for future agendass
A. Council Member Cott requested a study to develop a
juvenile curfew in City of Denton including individuals older than
the juvenile age.
B. Council Member Young asked the City Attorney to prepare
an ordinance prohibiting standing, stopping, loitering for 1000
feet on Locust from the corner of Eagle to Locust Street.
C. Council Member Young asked for an update on the Cannon
drainage problem as it was felt that it was going to be worse than
originally thought.
D. Council Member Young asked for an in-fill policy update.
E. Council Member Biles asked for a work session review of
the board and commission appointments.
F. Council Member Krueger asked for a review of the parking
restrictions passed on certain streets near the Denton High School,
in particular Linden street.
15. Council convened into a continuation of the Closed Meeting to
discuss the following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
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Page 22 Agenda Itertfai~_
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C. Personnel/Board Appointments Under TEX. GOVT CODE
Sea. 551.074
With no further business, the meeting was adjourned.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES Date.
June 11, 1996
The Council convened into a Closed Meeting on Tuesday, June 11,
1996 at 6:00 p.m. in the Civil Defense Room.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the City from Bill
Methenitis, Trustee; the possible lease of the
assigned property and discussion regarding terms of
the lease relative to the vacant Texas Instruments
facility.
2. Considered demand of Ann Laird.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
1. Considered acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the City from Bill
Methenitis, Trustee; the possible lease of the
assigned property and discussion regarding terms of
the lease relative to the vacant Texas Instruments
facility.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, June 11, 1996
at 7:00 p.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brack; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council received a report and held a discussion regarding
the initial findings of the DentonNet Vision Task Force.
Dr. Bettye Myers stated that this project was an outgrowth of the
education portion of the Vision for Denton project. Members on the
project were from the Denton Independent School District, GTE, TWU,
UNT and others. The purpose was to make the technology for the
information accessible for all citizens of Denton.
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Dr. Susan Ward, chair, stated that a year of research indicated
that people seek information from many different means. The task
force looked for different cities which had networks similar to the
one they would propose. Most of the successful projects had one
thing in common which was a collaboration between key players in
the community such as the city, higher education and business.
Currently there was all types of data information available in
Denton. There were also individuals in agencies and businesses who
had started working on WEB pages. The group felt that there needed
to be more coordination among the entities and that access for all
citizens was missing. Coordination would not oversee what the
other agencies would develop but would help all the individuals
talk together so that the information was unified and not
disjointed. Access should be given to those individuals who did
not have other means such as a home personal computer. She
presented a demonstration on how the DentonNet would work and
indicated that at a future date, they were suggesting that the city
put in a line item in the budget to support matching grants to help
support such a system. The group had already had received one
grant for such a program.
Mayor Miller asked the City Manager to see how the City could
address a coordinated effort for this project.
City Manager Benavides stated that staff was already working on the
technology that Dr. Ward and others had presented for the Internet
and made already made great progress. The City staff would work to
determine the best efforts for a final product. A report would be
made to Council regarding how to produce this project in the best
manner and at the best cost.
Dr. Myers stated that one concern was to have various sites
available for individuals to use the system such as the libraries,
the mall, recreation centers, etc.
2. The council received a report and held a discussion regarding
the results of the 1996-97 supplemental City Council budget
priority questionnaire.
Kathy DuBose, Executive Director for Finance, stated that the first
set of numbers were ranked by priority response. Two different
facets were looked at for the ranking. One was what the Council
considered to be the effort level - what Council would like staff
to look at as the service level and effort for each of the
different areas. The second facet was how high a priority was each
comment. The first set of numbers indicated highest priority of
responses. These were in the area of police patrol, fire
suppression, street construction and building. There were also
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' specific comments from the various members of the Council. The
second set of numbers was ranked by effort. Those were areas which
should be increased and were ranked from the lowest to the highest
areas.
Council Member Cott suggested placing a dollar amount for each of
the categories for the next year's questionnaire.
DuBose suggested using a percentage as opposed to a dollar amount
due to the difference between the areas.
3. The Council received a report and held a discussion regarding
the nomination process and schedule for this year's
Board/Commission appointments and gave staff direction.
Jennifer Walters, City Secretary, reviewed the procedures for the
upcoming Boards and Commissions nominations/ appointments and the
information which the Council would be receiving.
Council Member Biles indicated that he would like to consider the
composition of the boards/ commissions. There were some
boards/commissions which some Council Members did not have any
nominations. There were some boards/commissions on which the
Council had more than one nomination. He requested a listing of the
boards and how they were created, whether by City Charter, City
ordinance/resolution, or by State legislation.
Mayor Miller felt that this issue would be better discussed during
the Council's planning session as the process was already under way
and the approved time line needed to be followed.
Council Member Biles stated that this was a concern he had raised
last year and he had asked that it be discussed prior to the
process beginning this year.
Mayor Miller felt that the issue would require a great deal of
discussion and that there would not be enough time to hold such
discussions prior to the process needing to be completed.
Council Member Biles felt that this session would include those
issues so that Council could discuss the membership on the boards/
commissions before the appointments were made.
Mayor Miller felt that the item was placed on the agenda in this
manner as there was not enough time to have lengthy discussions
about the process and still complete the appointments in a timely
manner.
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Council Member Krueger stated that the Council's planning session
was schedule for June 28-29. He questioned when the nomination
process was to begin.
Mayor Miller stated that Council was to vote on the nominations by
the second of July. Council was to have nominations on June 18th
and 25th.
Council Member Krueger felt that those boards/commissions which
could be changed by ordinance/resolution, could be discussed during
the Council"s planning session and council Members could have
possible nomipa.tions ready for such changes.
Mayor Miller felt the process was more complicated than just adding
or subtracting members to the various boards/commissions as it
might cause inequality in other areas due to the way the original
process was established. It might be possible to change the
arrangement of the boards during the next year.
4. The Council received a report, held a discussion and gave
staff direction regarding solicitation for charitable contributions
on City streets, solicitations by employees while on duty and to
address recent Attorney General opinions.
City Attorney Prouty presented the history of the process. Until
1989 there was a State law that prohibited any type of solicitation
or activity in city streets. In 1989, the State law was amended to
authorize charitable solicitations in the streets provided a city0s
governing body passed an ordinance which allowed for that. In
19940 the City Council considered this question and rejected a
request to amend Section 25.5 of the City Code to authorize
charitable solicitations in the streets as allowed by State law and
at the same time requested the City Attorney to seek an Attorney
General's opinion regarding the matter. Last year, prior to the
time the City received the Attorney General's opinion, the City
Council amended Section 25.5 of the Code to authorize charitable
solicitations on streets under certain conditions. Some of those
conditions included obtaining a permit from the Chief of Police,
approval of an indemnification agreement by the City Attorney for
those employees or others persons who wanted to solicit, not
walking in the main travelled portion of the roadway, and not
soliciting during peak hours along primary arterial roadways.
There was some debate whether City employees, primarily fire men in
uniform and on duty, should be allowed to solicit on duty. At that
time Council voted not to allow that. Any solicitation by fire
fighters or other city employees for charitable contributions would
have to be off duty and out of uniform. Subsequent to that the
City received the Attorney General's opinion which indicated that
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a city could not request that type of opinion but had to request
the opinion through a State legislator. The Attorney General's
opinions which the City ultimately received raised a substantial
question that the State statute as well as the City ordinance was
not constitutional. The primary issue was that there were certain
First Amendment rights to use streets as a public forum. if that
activity was restricted or authorized it had to meet two tests.
One test was that the ordinance or State law be narrowly drawn and
content neutral to serve a significant government interest. The
Attorney General indicated that because the State law was not
content neutral, that it only allowed charitable solicitations in
the street, that as a matter of law, it failed the first test.
The second test questioned whether it was necessary to limit just
to charitable contributions to serve a compelling State interest
and was it drawn narrowly enough just to achieve that particular
State interest. The Attorney General refused to rule on that
particular second test indicating that the only way the State
statute could pass that test was if it passed after being subjected
to the highest possible examination since this was a First
Amendment right being discussed. Although the Attorney General's
opinion did not say that the State law which authorized charitable
solicitation through a City ordinance was unconstitutional or
illegal, it strongly suggested that that was the case. The City's
current ordinance which was approved last year, had a high risk of
being declared illegal if challenged and his first recommendation
was to amend that ordinance either to completely prohibit all types
of solicitation on the streets or to allow all solicitation to take
place on the streets, including non-charitable solicitation, to all
individuals. Another question which was debated was whether or not
to allow fire fighters to solicit on City time in uniform with the
fire trucks present. Some of the pros of allowing the fire
fighters to solicit charitable contributions in uniform and with a
truck were that it would allow city employees to more effectively
solicit charitable contributions, it would allow the fire fighters
to respond more readily to the fire calls if in uniform and the
trucks were near and the fact that the City was already allowing
City employees through the United Way effort to solicit on City
time. There was e, specific State law and some ethics rulings which
indicated that within certain guidelines that was allowed. Some of
the cons related to this issue included that to authorize employees
in uniform on city time might create more congestion, more traffic,
it might be a bad precedent for other city employees because if
some employees were allowed to solicit for funds in uniform all
should be allowed, and then there was a question on indemnity. If
an employee was acting within the scope and course of his duty and
was hurt or caused someone else to get hurt and was sued, the City
would provide a legal defense and indemnify that employee. If the
city authorized employees to solicit on City time, the indemnity
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ordinance would come into play because that would be in the scope
and course of employment. There was also a question of whether or
not authorizing City employees to solicit a charitable contribution
served a public purpose. If it did not serve a public purpose, the
constitutional prohibition against making a gift or lending credit
to a private corporation would have to be considered.
Council Member Krueger felt that there were several areas which
were being overlooked. He knew that there were both volunteer and
paid fire fighters who were currently doing this type of
solicitation both on and off duty. He knew the Fire Department did
volunteer work in the school classrooms while on duty for fire
safety education. He felt the current procedures put undo
restrictions on the Fire Department to solicit charitable
contributions. Soliciting for their organization was one way that
the fire fighters were visible in the community. It was not any
different from the United Way efforts by others employees in the
City while on duty. He felt it was important for the fire fighters
to be in uniform when soliciting for the contributions but it did
not have to be done while on duty.
Krueger motioned, Young seconded that according to City Code 95.5
the fire fighters be allowed to solicit in uniform on designated
street corners accordino_ to the current code to allow them to
participate in the "Fill the Boot" campaign only.
Mayor Miller asked if the motion was to allow the solicitation on
City time or not.
Council Member Krueger stated that initially he felt they should be
allowed to participate on city time but hearing concerns that other
citizens had expressed, in order for this to be a benefit and
promotion for the fire fighters and for the City, he felt they
could do it on their own time but allowed to do it in uniform.
Mayor Miller stated that the motion was to have staff prepare an
amendment to the ordinance to allow the fire fighters to solicit
charitable contributions in uniform but within the framework of the
current ordinance.
Council Member Young felt that the fire fighters should be allowed
to participate while on City time with fire truck close by.
Council Member Beasley asked if it were possible for the fire
fighters to do this activity in uniform while off duty. If it was
possible to be in uniform, she preferred that they participated off
duty due to the liability concerns for the city if something were
to happen while performing on duty soliciting. she would not want
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to put the City in that type of position.
City'Attorney Prouty stated that if the City allowed one set of
City employees to do charitable solicitations in uniform, all
should be allowed such as the police officers and others who wore
uniforms.
Council Member Cott felt the "Fill the Boot" operation was part of
their work and the fire fighters needed to be paid while part of
their work. It was part of their work because it raised pride in
the community.
Young motioned, Biles seconded to amend the motion that the fire
fighters be allowed to solicit in uniform while on duty.
City Attorney Prouty stated that the City would be taking a risk
with regard to allowing charitable solicitations. He did not feel
that the City could approve an ordinance which indicated that one
set of City employees who wore a uniform could solicit on duty. in
order for the ordinance to be legal, it would have to n i low any
City employees who wear uniforms to participate in charitable
contributions.
Council Member Biles stated that there was a specific personnel
policy which was established which had specific exceptions, one for
United Way solicitations on duty and the second for special
circumstances when someone was ill. There already was an ordinance
in place which allowed charitable solicitations. The ordinance
which needed to be amended was to allow the individuals to go into
the street. The other element was to change the personnel policy
as to what charitable solicitation could be made while on City
time.
City Attorney Prouty stated that it was necessary to make it clear
that either through a change in the personnel policy or the
ordinance, that any City timployes who wanted to do charitable
solicitations in the street in uniform or out of uniform could do
so. That could be done either through an amendment to the
personnel policy or by an amendment to the ordinance.
Mayor Miller understood that the ersonnel solicitations within the city among City employees. The ordinance
dealt with State law which allowed one exception. The State law
indicated that solicitations were not allowed in the street except
that it be done for this one particular exception.
City Attorney Prouty stated that the State law made an exception to
solicit for charitable contributions.
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Mayor Miller stated that the State law dealt with solicitation on
the roadways and the personnel policy dealt with solicitation among
City employees.
Biles motioned a second amendment to the motion to amend the city
ordinance having to do with the traffic regulations
charitable solicitations could be made in toadwayssubjecttto
the hours as indicated in the current ordinance. The second
element would be to change the personnel to allow
solicitation by firemen on duty for this specificlcampaign "Fill
the Hoot". There was a specific exception for United Way which had
a mechanism with specific definitions and
parameters it must operate. In order to make this asnarrow as possible, It
should be a specific exception for personnel who would be working
on "Fill the Boot".
Mayor Miller asked for a clarification of the amendment.
Council Member Biles stated that it would be to amend the traffic
ordinance to allow charitable solicitation on the roadway.
City Attorney Prouty stated that that was already in place.
Council Member Biles stated that his amendment would allow the
individuals to go into the moving lane of traffic. There was a
zero incident of accidents in the U.S.
campaign. The second part of the amendment for ma with i
w uld be ea directivehtos
the City Manager to modify the personnel policies so that City
employees could participate in the "Fill the Boot" campaign while
on duty.
Mayor Pro Tem Brock felt that it was important to have the
ordinance for debate.
Krueger seconded the second amendment proposed by Council Member
Biles.
Mayor Pro Tem Brock felt that Council should have a very thorough
debate when the item came up for vote and that several different
possibilities should be considered as there were different elements
to this item. She would like to have the opinions of both chief
Chadwick and Chief Jez on this issue.
the fire fighters did not She was disappointed that
while ofP-dut participate in the campaign last year
out for a special he was concerned about one group being singled
favorite charit privilege of being paid to solicit for their disussion about time in the pzst several yea had and tondo this solicitation while
non
duty seemed to be a contradiction.
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Council Member Young stated that it was a known fact that fire
fighters all over the country raised much money for this charity.
This time period was a very effective time period for this
solicitation. No money collected went to the fire fighters, it all
went to the charitable organization.
Council Member Krueger felt that there was a direct correlation
between this effort by the fire fighters and what the current
employees did for United Way. This was not about separating a class
of employees.
Mayor Miller stated that he was supportative of the fire fighters
to solicit in the roadway. He was not in favor of allowing the
fire fighters to solicit for this organization while on duty. The
employees did not solicit on the streets for United Way. Only
other employees were asked to contribute. Citizens supported fire
prevention, fire suppression and fire fighters and any other safety
issue. But no matter how noble the cause, it was his feeling that
the commitment of the group should be carried through on their own
time. He did not have a problem with the fire fighters soliciting
while in uniform but did have a problem with soliciting while on
duty.
Council Member Cott stated that this campaign was for only three
days once a year.
Mayor Miller stated that it might be three days for this group but
if other groups wanted to so something similar, the City could not
single out those groups. He understood Council Member Bileal
amendment to exclude this only to the fire fighters as far as the
personnel policy was concerned.
Council Member Biles clarified his amendment. His amendment did
not specify fire fighters. He suggested that the personnel policy
be amended to allow solicitation while on duty for the City for the
"Fill the Boot" campaign. The traffic ordinance would be amended
to allow the solicitation in the moving lanes of traffic. He did
not see a difference between employees soliciting for United Way
while on duty and the fire fighters soliciting for "Fill the Boot"
while on duty.
Mayor Miller stated that the distinction was that United Way was
solicited among other employees while "Fill the Boot" was
soliciting funds from the public.
Council Member Krueger stated that the last United Way chair was a
City employee who sometimes spent full days to do solicitations
from service organizations. He did r,ot remember anyone else
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requesting to perform such a task.
Mayor Miller stated that the problem was whether to allow the fire
fighters to solicit for charitable contribution while on duty or
off duty. The Fire Chief and the battalion chiefs and captains
were directing assignments to carry out the mission of the fire
department. That mission was to prevent fires and suppress fires.
Those individuals were not indicating to the fire fighters that
they had to solicit funds in the roadway. This was something the
Fire Fighters Association wanted to do and was not part of the job.
Council Member Young withdrew his amendment.
On roll vote on Council Member Biles' amendment, Beasley "aye",
Brock "nay", Cott "nay", Krueger "aye", Young "aye", Biles "aye",
and Mayor Miller "nay". Motion carried with a 4-3 vote.
On roll vote on amended main motion, Beasley "nay", Brock "nay",
Cott "nay", Krueger "aye", Young "aye", Biles "aye", and Mayor
Miller "nay's. Motion failed with a 3-4 vote.
Krueger motioned, Young seconded to allow City employees through
the direction as it now stood with United Way and other worthwhile
groups to solicit funds through the "Fill the Boot" campaign and in
accordance to redefine city code 95.5 to allow access to the
street.
Mayor Miller stated that this would be done on City time. The
motion and second would authorize City employees to solicit funds
for the "Fill the Boot" on City time and in uniform.
Or, roll vote, Beasley "nay", Brack "nay", Cott "aye", Krueger
"aye", Young "aye", Biles Faye", and Mayor Miller "nay". Motion
carried with a 4-3 vote.
5. The council received a report, held a discussion and gave
staff direction regarding cable television rates.
Richard Foster, Public Information Officer, stated that the City
was certified by the Federal Communications Commissicn to regulate
the rates that the local cable company could charge for the basic
level of cable programming, for the equipment that people who
subscribed to cable television had and for the hourly service
charge. Marcus Cable filed for a rate increase to be effective
June 1, 1996. The City had 90 days from the initial filing date to
examine those rates before they became effective. The City joined
with Fort Worth and several other north Texas cities which were
served by Marcus to hire a consultant to help examine the proposed
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rates. It was recommended that the City approve the rates for the
basic level of programming and request a lower rate for the
equipment and for the hourly service charge. After a public
hearing for public comment on the proposed rates, Council would
consider a resolution to approve the proposed rates.
Council Member Young stated that he had been renting his remote
control from Marcus. He recently needed to obtain a new one and was
told that Marcus no longer rented the units and he would have to
purchase a remote control from Marcus or from someone else. In his
opinion this was not a rate reduction in this area.
Foster stated that he would find out that information for Council
Member Young.
Mayor Pro Tem Brock stated that what was suggested from the
consultant was considerably lower than what was the original rata
request. The hourly service charge would increase from $31.55 to
$42.72 which she felt was a large increase.
Foster stated that the cable company had to justify with numbers
what the costs were for service and what they were allowed to
charge based on those numbers.
Consensus of the Council was to prepare a resolution for
consideration.
The Council returned to a Closed Session in which no action was
taken.
With no further business, the mee.ing was adjourned.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO0319
_ a
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DATE: 7/2/96 Agenda
Agenda ite y/4
CITY COUNCIL REPORT FORMAT Dase~
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance to rezone .58 acres from the
4 Agricultural (A) zoning district to the S!ngle Family 7 (SF-7) zoning district on
property located on the northeast corner of Westgate and Windsor.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the rezoning
request ( 7 - 0) at its meeting on June 12, 1996.
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,
Ted Benavides
Prepared by: City Manager
Donna Bateman
Senior Planning Technician
Approved by.
✓ f
Frank Rob ins, Ps CP
Director Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Draft Planning and Zoning Commission Minutes from June 12, 1996.
Attachment #3: Ordinance.
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Agenda No.~
ATTACHMENT 1 Agenda Item
PLANNING AND ZONING COMMISSION REPORT-'-
CASE #Z-96.014
June 12, 1950
GENERAL INFORMATION
Applicant: City of Denton
221 N. Elm Street
Denton, TX 76201
Owner(s): Karyn A. R Daniel M. Blucker Virginia A. Salmed
2625 Bauer Drive 2629 Bauer Drive
Denton, TX 76207 Denton, TX 76207
Stephen C. Jackson Jesse A. Coffey
2633 Bauer Drive 3513 Granada Trail
Denton, TX 76207 Denton, TX 76205
Action Requested: Rezoning from the Agricultural (A) zoning district to the Single
Family 7 (SF-7) zoning district.
Location and Size; The subject property consists of .58 acres located on the
northeast corner of Westgate and Windsor.
Surrounding Land Use and Zoning:
North: Single Family and vacant; SF-7 and SF-10
South: Single Family; Agricultural and Planned Development
East: Single Family; SF-7
West: Single Family; Agricultural
Denton Development Plan (DDP):
Low Intensity Area #19 (167% allocated)
SPECIAL INFORMATION:
The property Is platted and no public Improvements are needed to support this
rezoning.
BACKGROUND:
The subject property was zoned Agricultural (A) with the 1969 zoning map. In 1979,
the City Council adopted an ordinance changing the zoning from Agricultural (A) to
Single Family 7 (SF-7) and Single Family 10 (SF-10). However, the tax map that was
used during the public hearings showed the tract with the southwest corner cut off
(see Attachment 2).
In 1995, staff began to convert the zoning map to the GIS (Geographical Information
System) as well as researched all approved zoning cases since 1969. Since then,
staff has found discrepancies between the map and the approved zoning ordinance.
After further review, the case is then brought before the Commission for consideration
as a city Initiated case.
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Z-96-014
Page 2 A;,100da No-
agenda Item
Date NOTICE:
Twenty three (23) property owners were notified of the request. Five reply forms were
returned in favor, one was returned opposed, and one was returned with the
forwarding order expired. Staff contacted the one opposed. The individual stated
j that she believed it was a different piece of property.
Denton Development an
Policy Analysis Summary
Low Intensity Area
Development Rating vs. Policy
POLICY COMMENTS significantly somewhat Consistent
Inconslslent Inconsistent
To be consistent with ft Plan, a Allocated Irderoly - 35 lnteneky trips
Nopmeri should root exceed Its Actual Intensity - 35 intensity trips x
allocated Intensity.
In tM 1979 case, six property owners
nput in plrwtirq by nelghlwltood were ratified. Due to more than 20% x
and touncls Is encouraged. opposliont, Its, applicant modified the
plan and 9e modification was approved,
■ wide range of houslrg types In The subject property, a well as
uch quentl a cItyvAds and sector-wlds surrounding property Is zoned to allow
correspond to Dardon citizens' for one acre single family lots as well as x
etenclat capabadles deskes for differing 7,000 and 10,000 square foot lots. This
to-styles, allows for various housing types.
housing pd*m should be The housing diversky Hutt rdsts was
pwrww b ireure"at planned to maintain the neighborhood x
wntaprty Is mal"ned, integrity.
i
ow Intensity Area defined - The prkrwy purpoa of thus areas Is to ensure the overall Ind usotransportation balarvice by controlIft
omw density and herely. Further, these areas represent primary housing rem In to City of Donlon. Thus, Uese rem should
rmldr#d use Instead of a mixture of residential and nonreslderaW.
RECOMMEN ATI N:
The Planning and Zoning Commission recommends approval of Z-96-014,
ALTERNATIVES:
1. Approve the request as submitted.
2. Deny the request.
3. Approve the request with other conditions.
4. Postpone consideration.
ATTACHMENTS:
1. Location Map.
2, 1979 Zoning Case Map (Z-1397).
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ATTACHMENT 2
P&Z Minutes ReAnlMe_
June 12, 1996
Page 9
V. Hold a public hearing and consider rezoning a portion of Lots 3-7, Block D of the Westgate Hills
North Addition. The property is located on the northeast comer of Westgate and Windsor and
consists of .58 acres.
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Ms. Bateman: This is a city initiated zoning case that was initiated in April. This is at the northeast
corner of Westgate and Windsor. We are talking about five lots. When the property was zoned in
1969 it was zoned Agricultural. In 1979 the property owner came in wanting to change the zoning
to SF-7. When they did the rezoning it was done according to the tax lot which cut out the bottom
left hand comer. This was a rezoning of a tax lot and we did not have the metes and bounds
description. There are five lots where portions of those comers are zoned SF-7 and portions of them
are zoned Agricultural. We just want to clean it up and take it all to SF-7. Three out of the five lots
are developed and there are single family homes on them. The other two lots are in the process of
being developed for single family homes. We mailed out notices to twenty-three property owners and
we received five reply forms in favor and one in opposition. I called the owner to make sure that she
understood what was rezoned and she thought that it was property farther to the north that is zoned
Agricultural and was opposed to that change. She did not realize it was the property on the comer.
Ms. Russell: Are there any questions? Is there anyone that would like to speak in favor of the
petition? Is there anyone that would like to speak in opposition to the petition? Seeing none we will
close the public hearing. Are there any final remarks?
Mr. Cochran: I move approval of Z-96-014.
Ms. Schertz: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
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weatgate.ord ATTACHMENT 3 ^
. •.;e+~aa No.
Agenda Item }
Date
1 ^
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFI-
CATION AND USE DESIGNATION FOR 0.58 ACRES OF LAND LOCATED AT THE
NORTHEASTERN CORNER OF THE INTERSECTION OF WINDSOR AND WESTGATE
' STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 24, 1996, to resolve a zoning map inconsis-
tency, the Planning and Zoning Commission, pursuant to §35-7(a) of
the Code of Ordinances of the City of Denton, Texas, on its own
motion, instituted a study and proposal for a .-oning amendment in
the public interest for 0.58 acres of land from the Agricultural
(A) zoning district classification and use designation to the
Single Family 7 (SF-7) zoning district classification and use
designation; and
WHEREAS, on June 12, 1996, the Planning and Zoning Commission
reviewed the results of the study and recommended approval of the
proposed change; 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:
6ECIION That the zoning district classification and use
designation of a triangular piece of land comprising 0.58 acres, is
changed from the Agricultural (A) zoning district classification
and use designation to the Single Family 7 (SF-7) zoning district
classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas. Said 0.58 acres is located
at the northeast comer of the intersection of Westgate and Windsor
streets, as shown in Exhibit I, attached hereto and incorporated
herein by reference, and is contained within lots platted as lots
31 4 and 5 of the Westgate Hills North - Phase 1 Addition and lots
6 and 7, Block D of the Westgate Hills North - II-A Addition
SECTION II. That the City's official zoning map is hereby
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
a
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•.Uica No.
;1;enda item _
Date =1 9 -6
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.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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AgeAftem
AgeDate DATE: July 2, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance rezoning 52.9693 acres
from Planned Development 117 (PD- 117) to the Single Family 7
Conditioned (SF-7[c)) zoning district. The subject property is located on
the north side of Robinson Road, approximately 400 feet west of State
School Road.
• RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request,
} five in favor, one opposed (5-0).
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:
Ted Benavides
City Manager
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Agenda No:'
Agenda Item
We
Prepared by:
~V
Walter E. Reeves, Jr.
Urban Planner
Approved:
Frank Robbins, AIC
Director
Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance.
Attachment #3: Minutes of the May 22, 1996, P & Z meeting.
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ATTACHMENT 1 agenda No.
te~'
PLANNING AND ZONING COMMISSION REPORD•~
To: City Council
From: Planning and Zoning Commission
Date: July 2, 1996
Subject: Z-96.015
GENERAL INFORMATION
Applicant: Mr. H. Wayne Cooper, Unzicker, Schnurbusch & Assoc.
8700 Stemmons, Suite 400
Dallas, Texas 75247
Owner: Robert & Ruth Mitchell
130 Woodland Hills Road
Denton, Texas 76206-9712
Action: Rezone 52.9693 acres trom Planned Development 117 (PD-117)
to the Single Family 7 (SF-7) zoning district.
Location: The subject property is located on the north side of Robinson
Road, approximately 400 feet west of State School Road. (See
Attachment 1)
Surrounding Zoning and Land Use:
North: State School In the Agricultural (A) zoning district.
South: Vacant land in PD-111, vacant land in the ETJ, and vacant
land in the City of Corinth.
East: Residentially used land in the City of Corinth.
West: Vacant land in PD-100.
Denton Development Plan: Low Intensity Area #77 (155% allocated).
S,~PECIAL INFORMATION
The subject property is currently in PD-117. The property will require platting, and
water, sewer, and electric service will be extended to the property. Loop 288 is
currently proposed through the heart of the subject property, to accomodate the
proposed subdivision it will require relocation to the western portion of the property.
No access to Loop 288 will be allowed from local streets or adjacent lots. Additionally,
a "land swap` with the City of Corinth will be necessary to develop the property with
the currently proposed layout. Right-of-way will be dedicated along Robinson Road.
Sidewalks, and fire hydrants will be required. Drainage issues will be discussed
through the plat process.
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BACKGROUND
Ordinance 86-143, August 5, 1986, rezoned the subject property from the Agricultural
(A) zoning district to Planned Development 117 (PD-117). That development allowed
a number of different land uses and densities on the subject property (Attachment 2 &
3).
Uses for PD-117
Cluster Homes/Patio Homes 9.5 acres 52 units
Patio Homes/Duplexes 13.4 acres 80 units
Apartments/Condominiums 18.7 acres 337 units
General Retail 11.3 acres
Total 52.9 acres 469 units
The proposed rezoning is to straight Single Family 7 (SF-7) zoning. The zoning
exhibit (Attachment 4) proposes approximately 155 lots (the platting process will
determine the exact amount), for a density of approximately 3 du/acre.
NOTICE
Six notices were mailed on May 10, 1996. As of the time of preparation of this report,
one 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-96-M5
Davekpment Raflny VS Porky 1
POLICY COMMENTS groom" s°me" caM".e
t~cawt.x na.,swwA
To be consistent with the Plan, a Allocated intensity - 3,178 Intensity trips.
development should not exceed b Actual intensity - 2,226 Intensity trips. X
allocated Intensity.
Strict site plan control within 1,800 There is residential use within 1,600 feet of x
feet of a)dsting low density the project, no site plan Is proposed.
residential.
Traffic design to ensure that Will- Not applicable,
Family or Non-Residential uses have
access to collectors or larger x
arterials with no drag access
through residential streets.
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Agenda No._L
Agenda Item L
are..,
Sufficient green space, recreational PD•117 states that landscaping and shrubs
facilities and diverslly of parks are must be plan led In"requlred setback on
provided. Robinson Road. Landscaping details must be
Included and approved with Ow detailed plan.
A3 proposed straight SF-7 zoning, this would x
not be a requirement unless the eppficant
wished to amend the application and make it a
condition. No parks are proposed In the future
subdivision at this time. The Cqs current
policy regarding the donation of parldand is
strictly voluntary.
Input into planning by neighborhood No neighbodhood meeting has been held,
associations and councils Is x
encouraged,
Neighborhood service center The site Is 52,9693 acres of proposed SF-7 X
concentration development This porky is not applicable.
Separation Not Applicable. X
Any form of continuous strip Not Applicable.
oommerdal development is strongly X
discouraged In or near low Intensity
areas.
T--
s noted earlier, r InanG3 86-143 requtr an scaping a Robinson oa
frontage. Staff did not recommend this condition carry over to this proposed rezoning.
The zoning exhibit has a layout that would have 12 lots directly abutting Loop 288. It
is very likely that the future occupants of these homes will eventually seek some sort
of sound screen between them and the Loop.
In anticipating this need, staff considered recommending a condition that a sound wall
be constructed along this entire frontage. However, this would be extremely
expensive and would have to be in place years before the actual road was
constructed, or a large amount of money escrowed until the Loop is constructed.
• Neither of those options was good. Doing nothing was not an acceptable option
either, since it could eventually result in the taxpayers of Denton and the State of
Texas paying for the Improvement later, when it should be addressed now.
As these lots will be required to have a minimum 10 foot setback along the Loop
frontage, a more palatable alternative would be to construct a bufferyard in !his
setback, that will not only deaden sound, but be less costly (to the developer and
taxpayers) and more attractive than a sound wall.
RECOMMENDATION
This proposed rezoning is somewhat inconsistent with the following Denton
Development Plan policies.
1. Site plan control within 1,600 feet of existing low density residential use.
2. Green space.
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Agenda No.
Agenda Item `
It is consistent with:
1. Intensity.
2. Neighborhood meeting.
The remaining policies are not applicable.
Based on these factors the Commission recommends approval of this rezoning with
the condition that a 10' wide bufferyard (Attachment 5), consisting of 6 canopy trees,
10 understory trees, and a 6 foot wood fence per every 100 linear feet be built along
the frontage of the proposed Loop, with the condition that the bufferyard be installed
with issuance of building permits on the individual lots with frontage on Loop 288.
ALTERNATIVES
1. Recommend approval as requested.
2. Recommend approval with additionaVother conditions.
3. Recommend denial.
4. Postpone consideration.
ATTACHMENTS
1. Location map.
2. PD 117 zoning exhibit.
3. Uses permitted with PD-117.
4. Z-96-015 zoning exhlbit.
5. Class "D' bufferyard.
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AgOda item
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Agenda No, C4
Agenda Item
T:.Date '
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• Single family, detached and/or set* lot line homes meeting
requirements outlined herein.
RIOUM M":
Nasimus building Height - tvo and one-half t2-1/2) stories
Ninls Lot Rraa - three thousand, six hundred (JeW)
square feet
Ninimum Lot Depth - ninety (90) feet
ilini-wa Lot Width - forty (40) feet
Ninimus Front Yard Setback - twenty-five (25) feet
- Minimum Side Yard Setback - zero (0) and ten (10) feet, ten (10)
feet building separation
- 'Nlniwm Rear Yard Setback - ten (10) feet
- Nin um Unit Size . one thousand, two hundred fifty
41,250) square feet
- Maximum building Covaraao - sixty-five (65) percent
- Parking Reguirement - minimum two (2) spaces
1
Permitted Density - 5.5 dwelling units per gross acrc or
52 units
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Agenda No.
4 3 Agenda Item
Date -
TRACT •A-2•
1 PnnzTTSD USES:
• Duplex hoses Meeting "Wires»nts outlined herein.
• Uses as permitted in the 52-P• tvo-fuily duelling district as
outlined in Article 7, Section a - Prisery Residential Uaes, of the
sorting OrdinaWO for the City of Denton, Texas, Ordinance Me, $9-1.
>WIRRIUMS r
Max LW iuildina Yeisht - two and one-half (2-1/2) stories
three thousand, six hundred (1,600)
square feet
)Minima Lot Deotn - ninety (90) feet
iM niog Lot Width - forty (40) feet
Mini MUM Pront Yard §jW } - twenty-five (25) feet
- 'XiniMUM Side Yard Setback - Zero (0) and ten (10) feed ten (30)
feet-building separation
- Mlniaus Rear Yard Setback - ten 410) feet
MinimuM Unit Size - one thousand, two hundred fifty
(1,2SO) square feet
- Maximun Ruiidina Cover.n. - seventy (10) percent
- Parking Requirement - Minimum two (2) spaces
- Permitted Density - 6.0 dwelling units per gross acre or
a0 units
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nrienda No.
_ AQenda Item
Date
MAC"
NAMILtL-FAMISLIAMIS DI CT- NI
PENMITTSD OSSIS
• Multi-family dwelling units meeting requirements outlined herein.
• Uses as Permitted in the multi-family dwellinq district-1 as outlined
in Article 70 Section b - Primary Residential Usee, of the Zoning
Ordinance for the City of Denton, Texas, Ordinance mo. 69-I.
NSQOI>~IieMli r
Union building eeiaht - two and one-half (2-1/2) stor(es
Mini--t_$fi - six thousand (io000)
square feet
0111100 Lot Depth - one hundred (100) feet
L M - sixty (60) feet
Minimum front Yard Setback - twenty-five (25) test
Minimul Side Yard Setback - ten (10) feet
Nlnimum Near Yard setback - ten (10) feet
MOTES A screening structure or a ten (10) foot landscape buffer shale be
located along the western property line as indicated on the attached
Zoning Exhibit.
Maximum uilding Caverage - fifty (50) percent
Minimum Unit Site - single level units-five hundred
(500) square feet
two level unite-seven hundred fifty
(750) square feet
- Parking Requirement - per Denton Zoning Ordinance,
Article 15A
- Permitted Density - 18.0 dwelling .nits 144 units inTract e•B91'sandc193
units in Tract '8-2'
s?
Agenda No.
Agenda Item
Me 4-2 -!Z G
TRACt3 •C-1' a •C-2'
Gaya" RR?AIL DISTRICT (GRMRRAL MAIL NILP~PING)
PUNIMV Usads ,
AUsrticlep ar p7,ecSetmictlioeeniAn -theRetailGenerelandRetaiServicel DiseTyperic!Userar,outli!
ofned Ln
Ordinance fat the city of Denton and the following land usosa ng
Amusement - Commercial (Indoor), Theater - Other than olive-in typ♦,
Auto Laundry, Auto Salsa and Repair (in building), gasoline service
station, and new auto parts 043es stoles.
MWIRRIMMI
- Max mum n lain M•i ht
- these (3) stories
- 1(inimw front Yard a-.s, . - twenty-five (25) feet
- Minimum side Yard S•lback
ten (10) fast
Minimum Rear Yard sr~b L
- ten (10) feet
Maximum build ina Cov•raes - fifty (50) percent
Perm led floor Area s,ai
- Tract 'C-1• - Isl
Tract •C-2• - 0375s1
Landscaped OjpLLg2&cq - minimum of twenty (20) percent
- Parkins
per Denton toning OrdLnance,
Article 150
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Agenda tem_
Date ' -
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B RYARD D Arenda No.
Agenda Item
Date ^
0 00
20'
PLAN
ELEVAMON
6' WOOD FENCE, 6 CANOPY, 10 UNDERSTORY
EACH 1' WIDTH EXPANSION . 2.5% FEWER PLANTS
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ATTACHMENT 2
Agenda No.
Agenda ftem
Dite
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT 117 (PD-117) ZONING DISTRICT CLASSIFI-
CATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 CONDITIONED (SF-
7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
52.9693 ACRES OF LAND LOCATED ON THE NORTH SIDE OF ROBINSON ROAD,
APPROXIMATELY 400 FEET WEST OF STATE SCHOOL ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr, H. Wayne Cooper, on behalf of Robert & Ruth
Mitchell, initiated a change in zoning for 52,9693 acres of land
from Planned Development 117 (PD-117) zoning district classifica-
tion and use designation to the Single Family 7 Conditioned (SF-
7[c]) zoning district classification and use designation; and
WHEREAS, on May 22, 1996, the Planning and Zoning Commission
recommended approval of the requested changes in zoning; and
WHEREAS, the City Council finds that these changes in zoning
will be in compliance with the Denton Development Plan; NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT~IL That the zoning district classification and use
designation of the 52.9693 acres of land described in Exhibit 1 is
changed from Planned Development 117 (PD-117) zoning district
classification and use designation to the Single Family 7 Condi-
tioned (SF-7) (c] zoning district classification and use designation
subject to the following condition.
That a ten foot (10') wide buff eryard consisting of a six
foot (6') tall wooden fence, as well as six (6) canopy
trees and ten (30) understory trees per every 100 linear
feet, or part thereof, be constructed in the setback
along any Loop 288 frontage. Said bufferyard is to be
installed at the time building permits are issued for
each individual lot havinS frontage along Loop 288.
SECTION U. . That the City's official zoning map is hereby
amended to show the change in zoning district classification.
SECTION rr That any person violating any
ordinance shall, upon conviction, be fined a sum not provision
$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 beco;a 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
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Agenda No.
Agenda Item
Date
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.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY•
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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AgendDate
LEGAL DESCRIPTION
BEING a Uact or parcel of land situated In the Stephen Hembde Survey, Abstract Number 643 in
the City of Denton, Denton County, Texas and being pert of those tracts of land conveyed to
Robed H. Mitchell, eL ux by deed recorded in volume 356, pope 100 of the Real Property
Records of Denton County, Texas and being more particularly described as follows:
BEGINNING at the southeast comer of sa,d Stephen Hembrie Survey and same being the most
westerly southwest comer of the I" Young Survey, Abstract Number 1451 and being in
Robinson Road (a variable wkth dght-of way);
THENCE North 88.510300 West a" the South Una of said Stephen Hembde Survey and with
Robinson Road for a distance of 1,39013 feet to a point for comer,
THENCE North 00.28'40' West leaving the South line of said Stephen Hembde survey and
Robinson Road, passing the southeast owner of a K452 acre tract of land conveyed to
Robinson Road Reeky Company by deed recorded in volume 1880, pope 36 of the Real
Property Records of Denton County, Texas at a distance of 30.97 feet and confinuirg with the
East Nne of said 11.452 sae tract for a total distance of 155126 feet to a point for comer In the
North Brae of said Stephen Hembde Survey and being Me northeast comer of sold 111.452 acre
tract;
THENCE North 84'11'08' East along the North line of said Stephen Hembde Survey for a
distance of 677.00 feet to a point for comer,
THENCE South 02'32'10' West leaving the North line of sold Stephen Hembde Survey for a
distance of 25.00 feet to a point for comer;
THENCE North 54.1 T06' East for a distance of 575.21 feet to a point for comer In the toast line
of UW Stephen Hembde Survey and the West line of said Levi Young Survey;
THENCE South 01.21'31' West along the Fast fine of sold Stephen Hembrie Survey and the
West line of said Levi Young Survey for a distance of 1701.57 feet to the POINT OF {
BEGINNING and containing 2,307,342 square feet or 52.969 acres of land, more or less.
II
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ATTACHMENT 3 C `
P62 Minutes
May 22, 1996 D
Page 7
IV. Hold a public hearing and consider a request to rezone 52.9693 acres from Planned Development w
117 (PD-117) to Single Family-7 (SF-7). The subject property is located on the northwest corner
of Robinson Road and State School Road.
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Mr, Reeves: This is a rezoning of almost fifty-three acres from Planned Development 117 to Single
Family 7 zoning here on Robinson Road about four htWred feet east of State School Road. As you
will note this is not approval of the lot arrangement that is there right now. This is about ninety
percent of how the subdivision will be laid out but working through the plat process there may be
sortie adjustments or changes to accommodate what needs to be done through the plat process. The
property actually straddles the city limits line between Denton and Corinth. After doing a predesign
at DRC and working with staff we came up with a suggestion whereby the city limits line would
be adjusted and would go along the backs of the property lines in the area. We would have to work
out an annexation/disannexation kind of swap Corinth to make this happen. Once that has been
done then there will be another rezoning for that area. Because it is not in the City of Denton now
we cannot rezone it. This request is just about as consistent with our policies as you can get. The
only thing that staff is recommending is that a class D bufferyard be built along the frontage to the
new Loop alignment. Our plat requirements would require that there be a twenty-five foot setback
along there but during the plat process that setback can be designated as ten feet for a single family
residential district, We are not recommending any particular location for it, just that it be along
there and if it happens to be in the ten foot setback that is fine, if it happens to be in the twenty-five
foot setback that is fine. That is just something that will be worked out in the plat process. The
reason that we are recommending this is because there are lots that will abut a large roadway. We
ant recommending it now so that it would have time to mature and provide a good sound wall. We
are just trying to anticipate a possible condition that might come up. Staff recommends approval
of the rezoning subject to the condition that a class D bufferyard be built along the frontage of Loop
288.
Ms. Russell: 'Would the petitioner care to speak?
Mr. Wayne Cooper: My name is Wayne Cooper and I am the planning manager for Unzicker,
Schnurbusch and Associates. We are representing our client, Lloyd Blaylock with Lennox
Investments. As Walter mentioned this is a straight forward zoning request going from PD 117 to
straight SF-7 lots. We would like to bring a couple of things forward. Regarding the setbacks and
the bufferyards, this is just one option of the possible lot arrangements. The setbacks are contingent
on the actual final orientation of the lots. We would like to request that the bufferyard be limited
to a width of ten feet so that if this is a rear yard condition then all of the elements of the bufferyard
will just occur in the rear yard setback and we wouldn't have to take up any additional space for
bufferyard area. On the cross section of Loop 288 it is a two hundred and twenty foot section,
there will be a sixty foot shoulder there per the highway department guidelines so there will be a
sixty foot space where there wont be any roadways. If there was a side yard or a rear yard there
then we would install t'mncing and all of the trees, it would be the same number of elements, we
would just prefer to keep the space requirement to a minimum. That is the only thing that we
would like to request.
Ms. Russell: Is there anyone to speak in favor of the petition?
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P&Z Minutes AQ
May 22, 1996
Page 8 D
Ms. Vicki McCombs: My name is Vicki McCombs and 1 live at 3633 Wessex Court, I spoke
against a project back in February and since that time I have become the president of the Wimbleton
Village Homeowners Neighborhood Association. I wanted to say that I am in favor of this
proposal.
Ms. Russell: Is there anyone else to speak in favor of the petition? Is there anyone that would like
to speak in opposition? Would the petitioner care to speak in rebuttal?
Mr. Cooper: One last point about the bufferyards is that the highway department hasn't decided
on the alignment of Loop 288 and we would just like to limit what we have to dedicate to a
bufferyard.
Ms. Russell: I have a concern about this because 1 understood that this was the alignment on Loop
288. I understood that this was a done deal, am I incorrect in this?
Mr. Salmon: The alignment of Loop 288 in this area is very similar to the alignment that we have
north of I-35. This is where the city anticipates that it is going to go. There is an environmental
impact study being performed by the State Highway Department. Currently there are some
different routes being considered. This is the City of Denton's preferred route.
Ms. Russell: Could this be noted on the plat that this is a proposed alignment for Loop 288 so that
if someone does seek out information about the land in the area then it will be noted?
Mr. Cooper. That information will probably be required by city staff to be on the plat that we file.
Ms. Russell: I understand your problem with the bufferyards, but again and again we hear
complaints and noise is definitely a factor,
Mr. Cooper: I agree with you about the noise but the only way that we would really abate any
noise is to move the homes over a quarter of a mile away.
Ms. Russell: Well I understand that Loop 288 is ten to fifteen years away and by then those trees
will be mature and they will abate a great deal of noise.
Mr. Jones: I have a problem tying a developer to something that we don't know for sure is going
to take place and that is down the road fifteen years. It would nice to have trees there if the road
goes in there but if the road isn't there then the developer just wasted a lot of money. Also who
is going to take care of what he puts in?
Mr. Cochran: If the developer doesn't do it now then it becomes the responsibility of the tax
payers, doesn't it? It would be like the sound wall that was put up out on Loop 288 and Stuart.
Mr Moreno: Staff is recommending a class D bufferyard which is twenty foot bufferyard and the
petitioner is asking for a ten foot bufferyard. Is that correct?
Ms. Russell: Yes.
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P&Z Minutes M
May 22t 1996
Page 9
Mr. Reeves: When the applicant starts the platting process they will dedicate right-of way for Loop
288 so it is more than likely that the Loop will go there.
Mr. Salmon: If you have a lot of plats in an area and you have right-of-way established that
certainly weighs heavily in deciding where the road is going to go, but it doesn't mean that they
have to put it there. And it doesn't establish when either.
Ms. Russell closed the public hearing.
Mr. Lloyd Blaylock: My name is Lloyd Blaylock and my address is 7232 Lakehurst in Dallas. I
am president of Lennox Investments who is the developer of this property. In regards to this strip
that we are talking about, we are not sure of the configuration of the lots right now. We feel that
ten feet will be adequate. I would ask that you give us all of the flexibility that you can.
Mr. Powell: If we approve the zoning without any conditions and they have to come back here a
couple more times for platting can we attach conditions at that time?
Mr. Reeves: No, you cannot attach any conditions to the plat. The reason 1 am recommending the
bufferyard is that I feel some kind of sound barrier will be needed. If you don't think that is
important then you don't have to include that. If you think that is something that really should be
addressed by the developer of the property then you should include that condition. The way our
bufferyard guidelines are written, this type of bufferyard would require twenty feet. I am not
adamant about how wide it is, I just think that the trees and fence need to be there. The bufferyard
will not be as expensive as a sound wall would be.
Mr. Cochran: The bufferyard is going to be an enhancement to the neighborhood whether the Loop
goes through there or not.
I
Ms. Schertz left the chambers at 7:05 p.m.
Mr. Powell: I much prefer the bufferyard as opposed to having to build a sound wall down the
line, but I am not sure that 1 want to charge the applicant for a bufferyard for something that might
happen fifteen to twenty years from now if it happens.
Mr. Jones: Just because you build a bufferyard there is no guarantee that those folks won't be in
here asking for a concrete wall. 1 appreciate the attempt but there are no guarantees.
Mr. Robbins: If this is something that you want to go forward with then we Lill need a when
element to the condition. In other words when the bufferyard has to be built.
Mr. Powell: He would still have to give up twenty feet and he could build the bufferyard later, but
the twenty feet is now. He is asking that the twenty feet be dropped to ten feet.
Mr. Robbins: The other issue is where will it be? Will it be on the Loop 288 side or will it be an
improvement in the backyard of lots? You have your traditional fence and the trees are inside the
yard.
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A Ind No.
PiZ Minutes rt e
May 22, 1996
Page 10 ll
Mr. Powell: We are asking him to give up twenty feet of saleable land?
Mr. Reeves: No. If this were the lot configuration, by our regulations, all of those lots that abut
the Loop would have to have twenty-five foot front yard setbacks along that side. Our ordinance
also allows some relief of that in that you can designate a side yard and in single family it can go
down to ten feet in width. A minimum would be a ten foot setback for every lot that abuts the
Loop. They won't be able to build anything in the setback and I am just suggesting that the
bufferyard go in the setback.
Mr. Robbins: When we worked out the MXD bufferyards, where this comes from, there was a
good deal of study of literature and if you narrow up that number of trees in ten feet they will still
grow.
Mr. Powell: I move we recommend approval of this request to rezone 52.9693 acres from Planned
Development 117 to Single Family 7 (SF-7) zoning district subject to the condition that a bufferyard
be built along all proposed Loop 288 frontage with class D elements in a ten foot space.
Mr. Cochran: I'll second that.
Mr. Reeves: You need to establish when that will be built.
Mr. Powell: When the building permits are issued.
Mr. Cochran: So the bufferyard will be put in incrementally? Okay that's good.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (5-0)
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Agenda M~. 7
Agenda Iterrr
CITY COUNCIL REPORT Oafe
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: July 2, 1996
SUBJECT: Minor Amendment to PD 155 Detailed Plan
RECOMMENDATION:
P&Z recommends approval, 7-0.
SUMMARY:
Detailed plan building envelope shown on plan changed to be consistent with written
standards, fence type and setback changed.
BACKGROUND:
See P&Z report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Homebuilders.
FISCAL IMPACT:
None.
RESPECTFULLY SUBMITTED: 1
Prepared by:
Ted Benavides, City Manager
AFrank H. ARobblyns, Aof Planning and Development
ATTACHMENTI:
1, P&Z report.
2. Draft ordinance.
3. Draft P&Z minutes.
AXX004DE
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ATTACHMENT 1 ~
Agenda No.
Agenda Item
PLANNING AND ZONING COMMISSION REPORT Date_
To: Mayor and Members of the City Council
Case No.: Z-96-013 Meeting Date: July 2, 1996
GENERAL INFORMATION
Applicant: Burke Engineering
I 1318 Auburn
Denton, TX 76201
Current Owner: Rick Moore
420 S. Carroll, Ste, E
Denton, TX 76201
Requested Action: Amend an existing Planned Development (PD 1551 detailed plan
as follows:
1. Enlarge the building envelopes on the lots to be consistent
with the stated building setback standards.
2. Amend the perimeter fence from wrought iron to six (6)
foot wood.
3. Clarify tho fence setback standard from two (2) feet from
property line, to a minimum of two (2) feet.
Location and Size: 4.91 acres located on the north side of Teasley Lane, west of
Lillian Miller Parkway.
Surrounding Land Use and Zoning:
North - Single-family residences; SF-10
South - The R.O.W. of Teasley Ln., across from which is PI) zoning (Sam
Houston school)
East Underdevelopment as single-family homes: SF-16
West Single-family residences; SF-10
Denton Development Plan:
Study area No. 79, low intensity (71 % allocated)
SPECIAL INFORMATION
• Engineering & Transportation:
Currently planned infrastructure is adequate.
1
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Agenda No- _
e Drainage: Agenda Beal
Surface runoff will still be handled satisfactorily. nave
e Landscaping:
Public areas will be land,;caped.
• Utilities:
Currently planned infrastructure is adequate,
HISTORY
The original, 1969 zoning map designated this area as Agricultural. It was rezoned to
Single-Family-Ten, via Ord. 74-35, in September, 1974. In February, 1995, the subject
portion was redesignated Planned Development (No, 155).
I The designated uses, density, floor areas and overall appearance will not change with
this proposal. The only changes are to the "buildable areas" of the residences,
rectifying a conflict between the notes on the Detailed Plan and the drawing itself, the
fence type, and the fence setback.
NOTIFICATION:
Several notices were mailed to property owners within 200 ft. to inform them of a
May 8, May 22 and June 12 P&Z meetings. Since the Detailed Plan notes were not
revised on Fchedule, the May 8 and May 22 P&Z hearings had to be cancelled, At this
writing there is no opposition.
ANALYSIS_
The existing Planned Development satisfactorily addresses the "gated" aspects of the
Ellison Park development. It also satisfactorily addresses applicable policies of the
Denton Development Plan. None of this will be revised by this minor amendment, since
the buildable areas of the residential lots are only being clarified in the Detailed Plan
notes,
RECOMMENDATION
The Planning and Zoning Commission recommended approval of this minor amendment
on June 17, 1996.
ALTERNATIVES
1. Recommend application,
2. Recommend application with revisions,
3. Recommend denial of application.
4. Postpone.
6. Table,
ATTACHMENTS
1. Location map and detailed plan.
AxxooAeo
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Denton, Denton County, Texas
-enirr° . Owner: Prepared By: r
- Teae4r Lana RICK MOORE BURKE ENGMERNO
^yvw. 420 S. Corrol', Suite E 1318 Auburn Drive
Denton, TeSae 76201 Denton, Te5o5 76201
(817( 382-2206 (617) 382-4948
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Agenda No. `
Arend Item
Gate
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
95-018 BY APPROVING A REVISED DETAIL PLAN FOR THE PLANNED DEVELOP-
MENT 155 (PD 155) ZONING DISTRICT CLASSIFICATION AND USE DESIGNA-
TION, A 4.91 ACRE TRACT LOCATED ON THE NORTH SIDE OF TEASLEY LANE,
ACROSS FROM SAM HOUSTON SCHOOL; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Rick Moore has applied for a zoning amendment for a
4.91 acre tract of land located on the north side of Teasley Lane,
across from Sam Houston School, by amending the detail plan for
Planned Development District 155 (PD 155); and
WHEREAS, on June 12, 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 1. That Ordinance 95-018, which established a zoning
district classification and use designation of Planned Development
District 155 (PD 155) for 4.91 acres of laiid is hereby amended by
approving a new detail plan, attached hereto and incorporated by
reference herein as Exhibit 1.
SECTION 11. That the provisions of this ordinance govern and
control over any conflicting provision within ordinance 95-018.
SECTION III That a copy of this ordinance shall be attached
to Ordinance 95-018, showing the amendment herein approved.
SECTION iy. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceseding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this day of
1996.
J IL
ACK MLER, MAYOR
Agenda No.
Agenda Item
Date,', - " 9~„
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM-
HERBERT L. PROD T ATTORNEY
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ATTACHMENT 3
P&Z Minutes a
June 12, 1996 A e It
Page I I
Date
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
b. Hold a public hearing and consider the preliminary plat.
Mr. Reeves: With the granting of the variance the preliminary plat is now approvable. The
Development Review Committee recommends approval.
Ms. Russell: Are there any questions? Would the petitioner care to speak?
Mr. John Scott: My name is John Scott and I am the Director of Facilities Management. I am here
to answer any questions that you might have.
Ms. Russell: Are there any questions? Is there anyone to speak in favor of the petition? Is there
anyone to speak in opposition? We will close the public hearing.
Mr. Jones: I move we approve the preliminary plat of Lot 1, Block A of the Denton County Criminal
Justice Facility.
Mr. Cochran: I'll second.
Ms. Russell: Any discussion? All In favor of the motion please raise your right hand. Opposed
same sign. Approved. (6-0)
Mr. Powell returned to chambers at 7:40 p.m.
VIII. Hold a public hearing and consider an amendment to the existing Planned Development 155. The
4.91 acres is located on the north side of Teasley.
Ms. Russell opened the public hearing.
Mr. Robbins: This is a very minor amendment to really correct a discrepancy that was on the
previously approved detailed plan. Up in the right hand corner of the big map there is a list of
development standards and on the previous copy there was a list of setbacks and those setbacks did
not match preciously the building envelopes that are shown. The applicant asked to build a building
across and area on the previous detailed plan where the hashed lines were but for which was
consistent with the development standards that were written. This simply corrects the envelope so
that the written development standards for setbacks are completely consistent with the envelopes
shown on the site plan. There are some other minor amendments such as the location of the fence
has to be changed, and they q pe of fence has to be changed, those are minor amendments that I could
have approved. 1 could not approve the first amendment, therefore we brought it before the
Commission for your recommendation to Council.
Ms. Russell: Is there anyone to speak In favor of the petition? Is there anyone to speak in
s
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P&Z Minutes June 12, 1996
ARog
Page 12 opposition?
Mr. Ed Ingram: My name is Ed Ingram and I live at 1121 Indian Ridge Drive. The reason that I
am here is that 1 heard there was going to be some changes to the original plan and 1 wanted to make
sure that there wasn't going to be any changes in the drainage.
Mr. Robbins: It won't change any drainage.
Mr. Derrick Suisa: My name is Derrick Suisa and 1 live at 1113 Indian Ridge Drive. My question
has to do with the fencing. When we talked with the developer and the city on how to resolve the
problem that we were having with water coming through our property. It has been a year and 1 am
still having some problems with flooding. I am concerned about what this change would do. The
agreement that we had was that a wall would be built and that has not been done. The wall and fence
has been done on a spec home but the rest of it has not been done. The flooding may be because it
is not complete, I don't know. 1 would like some clarification on whether that wail will be built, and
when it will be built. The other issue is that I do have a fence on my property but I still have water
coming under the fence and I am concerned whether this problem will be solved or will it become
worse with the changes?
Mr. Salmon: The drainage improvements do meet our subdivision requirements. Last summer there
was some discussion between Rick Moore and the neighbors who live in Indian Ridge concerning the
drainage that was coming off of this site. There was an unfortunate incident that during the
construction of the subdivision, while the contractor had plywood forms still in the inlets we had an
extremely hard rain and unfortunately most of that rain ended up in some houses on Indian Ridge
Drive. Now the drainage system is complete and that shouldn't happen again. In addition to that
Rick Moore did make an agreement with the neighborhood about putting up a retaining wall along
the backside. That was a private agreement between Mr. Moore and the neighbors. Rick Moore did
indicate to me that he was going to put a retaining wall along the back as well as a fence. I have no
idea how much of that has been constructed.
Mr. Robbins: The subdivision is platted so the public drainage improvements are either built or are
going to be built according to regulations. The wall that might be associated with this zoning detailed
plan is not on the plan so there is no change in that issue. It is not a requirement of the detailed plan.
Mr. Ingram: Mr. Moore said that a reason he put that wall up was that he was working in
conjun,:tion with the city engineer and that he would put that up in lieu of plan that we originally
talked about.
Mr. Suisa: Given these changes, how will it affect the size of the buildings?
Mr. Robbins: He can build them any size.
Ms. Terry Roberts: My name is Terry Roberts and I live at 1112 Indian Ridge. The water drains
up towards Smokerise. Did you say that he could build a house any size?
Me. Robbins: The zoning does not speak to the size of the homes, but 1 think that Mr. Moore had
a
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Agenda No. -
P&Z Minutes A I
June 12, 1996
Page 13
a minimum square footage in his deed restrictions. The city can't enforce those deed restrictions.
Ms. Russell: Is there anyone else to speak in opposition? Are there any final remarks? We will
close the public hearing.
Mr. Cochran: 1 move that we recommend approval of the proposed minor amendments to Planned
Development 155.
Ms. Schenz: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7.0)
IX. Hold a public hearing and consider amendments to chapter 34, Subdivision and Land Development
of the Code of Ordinances concerning circular driveways for single-family and two-family uses and
designation of access to an arterial by plat.
Ms. Russell opened the public hearing.
Mr. Salmon: This is a two pronged ordinance amendment. The first change is to establish circular
driveways on arterial and collector streets for single family and two family residences. In December
of 1995 the Traffic Safety Commission recommended changes in the current Code of Ordinances,
specifically in relation to those items. A draft ordinance was prepared based on those Traffic Safety
Commission recommendations. They have reviewed the draft ordinance that you have in front of you
tonight and did not make any changes to it. After you take action on this tonight then a final draft
ordinance will be prepared and forwarded to City Council. Our current ordinance does not allow a
single family or two family residences to have circular drives on a collector or arterial street.
Currently our ordinance does not allow subdivisions to be designed such that a lot would have
exclusive access on a collector or arterial street. We have many neighborhoods in town where we
do have existing single and two family residential lots that have exclusive frontage to a collector or
arterial street. This proposed ordinance does not change our subdivision standards in terms of
subdivision design. We are dealing with existing properties in this ordinance amendment. As a
general rule the more driveways that you have on an a street the more congestion or interference you
have with the through traffic. Collector and arterial streets are there to move traffic, their main
function is not to provide access to individual properties unless of course it is a large commercial type
of property and then you would want it to have an access. However, knowing that we have many
existing lots that are residential in nature on these types of streets we need to insure that we do have
the safest type of access in those instances. We have ordinances that require commercial
developments to have circulation such that when you come back out on the street you are faced head
out, however as you know, with two family and single family homes most of the time people have
not designed their circulation to be able to come out head first. Most of the time you back out of
your driveway from a single family or two family home. When you have to back out onto a collector
or arterial street, which could be a very busy street, it creates a dangerous situation. The danger that
you have by having too many driveways on a collector or arterial street is actually offset by the fact
that you would have people backing out. Staff has agreed that in these instances with single family
and two family homes the circular driveway and allowing people to come out head first is much less
Unm
t
AGanda Yo.-gLAV-
Agenda Item
. Date
CITY of DENWN, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY• DENTON, TEXAS 76201
(817) 566.8200.OFW METRO 434.2529
e
s
CITY COUNCIL REPORT
s
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: June 18, 1996
'r
SUBJECT: APPROVAL OF A TAX REFUND TO DURWOOD B. BRADSHAW, JR. !
RECOMMENDATION:
The Tax Department has mailed on Overpaymem Letter and an Application for Tax Refund to the
taxpayer. All completed forms and necessary documentation have been returned, requesting this refund,
which the Tax Clerk recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. Mr. Bradshaw has requested a refund in the amount of $1,320.46
because he overpaid his account x130723.
BACKGROUND:
First State Bank of Denton paid the tax on his property on December 29, 1995 and Mr. Bradshaw also
paid the tax of $1,320.46 on December 29, 1995 resulting in an overpayment. A tax refund Is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Durwood B. Bi adshaw, Jr.
FISCAL IMPACT:
$1,320.46
"Dedicated to Quality Service"
L
i
City Council Report
Page 2 Agenda NO- W
Agenda Item _
Please advise if I can provide additional information. Date
RESPECTFULLY SUBMITTED:
Prepared by. ed enavides
City Manager
t, A66~.
Ilene Evans
Tax Clerk
Approved:
L4A
Jo ortune
Chi Financ f8cer
Attachment:
AAA043N
7
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F
Owls hx,d
tleA ~a111(4/a2) APPLICATION FOR TAX REFUND Agenda fJo.
CITY OF DENTON Agenda Item l
FAX DEPARTMENT Dafe ~ -
Collecting Office Name:
Collecting Tax For. (Taxing nits)
Address
City, State, Zip Code
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In orde • to apply for a tax refund, the following information must be provided by the taxpayer.
IDENTIFICATION OF PROPERTY WNER:
Name: -Daewoo a 1~. W Ds 4A&J . JR_ .
Address' 40% SEy1e E E 7. urea T_R_ Oa&; SS/Z
Telephone Number (if additional information Is needed):
IDENTIFICATION OF PROPERTY:
Description of Property: rv L~tG S E oZ F CDT 3
Address or Location o. Property: 609 ccE RJD
Account Number of Property: /30 X1.2-3 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
Is Requested Is Requested Tax Payment /J~ Taxes Paide Requested
I. Or T2 or- 6))
-7~pro~ 19 q5 2-, / 19 ZL_ s 13:" s 1
3~~ 5«a
2.111120-Ell rcN 19 95 ~,22 / 19.3._ $ 13 aO, Y(- $
3. 19 / 19- S $
Taxpayer's reason for refund (attach supporting documentation): 7,4_ /A &aAyF R., wo FQsr ~rar£
&urc gj4cq phr p fNE -rA%fs eA) rkis P,41kfL ktsar,•n,Ja Id AA/ DOaJod !f Lp-.
ln,Q. &42),SA1*J )s .4 A& "Jul) D F rd f PVt4&V10"T_-
"I hereby apply for the refund of the abov"escribed taxes and certify that the information I have given on this form
Is true and correct"
5k_ .9~ R .'3,..~~AeN. ,r . Q.. _ G l r419 4
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 parson who makes a Islas entry upon the for"otng record shag be subject to one of the Wowing penalties; 1- impdssnmant of
not more then 10 years nor less than 2 years and/or a One of not more then $5,000 or both such One and
Imprl"ornent; 2. contMement in dap for a term up to 1 year or a One not to exceed 12,000 or both such fine and imprisonment" set
forth In Option 31.10, Penal Code.
PEFUNO Jf H
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Agoda Il 5 ~4;2- DURWARD OR ALICE A4N BRADSHAW Date _~4
WS SEVILLE ROAD W14740 '1119
DENTON. TEXAS 182^5 I? ~ 1~ 19 q s-
ORDROF THE
CiTIA
J $ 13 a o 44
Q?~2_ e,,y _ inst~ A _ s. L, &,J, 4-41JAW DOLLARS
FIR~T4WATE BANK oFm u
' ~o~.w+aw~
FORA«r." ! 3orI13 0000 t)
I:L119L47421: 010 6557 211' 4753 0000013 WNW
~a x z
T
1016,
46 V
IM OF MM f1p 11111+11963 FIRST STR1E &W: > 11 9147 t I?{ ~ r
z -Z.0- I Qi >Z:47g! #i j E T F r
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V E R P A Y M E N T S
REPORT F10R050W 06/14/99 AT 20:29 O AMOUNT STATUS OF P1
ACCOUNT NO. RECEIPT NO. NAME ADDRESS OVERPAY 16677700000 95/03/28-0:9 BAIDINGER, BRIAN D JJIIM M CCHHRRIISSTATAL L R 10.144
R 311.. 2 2 OVERPAY
16677600000 95/03/28-02229 FORDINGER, BRIAN O MACK PL 99 09431200000 95/03/28-03SP. FORD, LINDA P RIDGECREST CR 13 900D..00
02151100000 95/03/28.04E2 UTTN W LEE CHARLESTON CT 900.00`OVERPAY
17888400000 95/03/28-02 SUTTON, RACHEL C LATTIMORE ST 41.71 OVERPAY
ae Rr. ny~~aoev
10323900000 95/03/28-066442 OEHEMP, RACHEL H L Ee ViiI i}LnRF -;T
rApiFR LYNN A-_._ ' D
13072300000 95/OJ/29-04, 7R~ArW1.~ORW JR S t 320.46 OVERPAY
E H ARK ' '
LE 148.30 OVERPAY
15478500000 95/03/29-0968 US ARMY ENG DIST 1.74 OVERPAY.
0334670000095/04/02-1062 SPRABARY. DARYL.W MAPSALE WOOD ST T <26.85.OVERPAY
02996900000 95/04/02-1079 FOX, HOMER 2.70 OVERPAY
17318200000 95/04/02-t136 AFV ENTERPRISE INC 2.7o OVERPAY
03448500000 95/04/02-1137 AFV ENTERPRISE INC CK PL 6.84 OVERPAY
09430200000 95/04/02-1272 BIGGS, ANTHONY C MA MACTT DR 24.73 OVERPAY
02029400000 95/04/03-0253 SELLERS, WILLIE WN DR 492.86 OVERPAY
02603600000 95/04/03-0339 HIPPLE. JOHN L GNEOERGLMETTOO 366.'85 OVERPAY
03517300000 95/04/03-0438 GAi'.EY, DWIGHT L' S BONNIE BRAE 6$1.25 'OVERPAY
03529500000.95/04/03-0439 LIBERTY EDUCATIONAL MINISTRIES INC FREEDOM IN 5563 OVERPAY:
03075700000 95/04/03-0723 WOOLVERTON, JAMES A FREEDOM 0 97 l 3.89 OVERPAY
61407200000'95/04/05=0063 TKECK HE iTEAM MACHINE TORY OAKRIDGE ST 1.50 OVERPAY
01122347844800000000 00 95/04/29-0084 95/04/-0VI4 R J IMPERIAL DR 29.10 OVERPAY
ILLARREA L , BAKER t-35 0307 30.16 OVERPAY
91473400000 95/04/29-0203 IZOU 03380800000 95/04/29-0442 SORR BELLS, RANDY DEWAYNE SCRIPTURE ST 5.47 OVERPAY 03173200000 95/04/30-0425 SIMMER; JEFFREY
G R TAMARA SMUALLAKEYDO $T LN 16:41 482 49 OV OVEERRPPAY
AY
029725450 SPRABARY, 16691000000 95/04/30-0649 MADD09, BETTY WELLINGTON OAK 27.04 OVERPAY
910149300 6691000000 95/04/30-0649 FIRST MICHAEL E N ELM ST: 11.69 OVERPAY
000 95/05101-0102 RDA INSTANT PRINTING INC EGAN ST 43329 OVERPAY
02485500000 ORDAN, LOU A N HAM DR 9.00 OVERPAY
02369000000 95705105-0390 J N07T1 G 143,74 OVERPAY
08224600000 9955//0055//0055--00353318 GRIFFIN, NERNEST , JEFFREY R TYLER ST 205.24 OVERPAY
03161400000 95/05/05-0337 TOLLENGT . O CHR[EFSFTIRE EY A 0 DALLAS OR 05.2u OVERPAY'
03431200000 95/05/05-0339 FORD, T, LIWILE A MACK HIGHLAND PL AND ST 31.99 3.82 OVERPAY
03367200000 85/05/06-0024 DUD WLLIAM T 2.39 OVERPAY
02949700000 95105/14.0001 SMITH,; NIEABETH E SHERMAN OR 0,O1,OVERPAY,
02878500000 95105/22-0010 WILLI ANNIE R EMERY ST 2.00 OVERPAY
02100200000 95/05/26-0005 W MA THAI DONALD A AVE C 36.26 OVERPAY
90131100000 95/05/26-0013 OLT THAI CHINESE CUISINE N LOCUST ST 0.07 OVERPAY
91348700000 95/05/27-0017 H. VICKY 4. HYDE, JEANINE W HICKORY ST 0.02 OVERPAY
91593300000 95/05/27.0019 SHOO VICKY 8 HYDE, JEANINE E MCKINNEY 060 0.48 OVERPAY
51435200000 95/05/28-0025 HOCKL, ROARTER, ROSETTE E MCKINNEY 017 1.65 OVERPAY
51429100000 95/06/28-0018 A-%LEROBERT DALLAS DR 0.10 OVERPAY
91474800000 95/06/08-0012 , DORDORQOTH6Y ESTATE BAILEY ST 0,89 OVERPAY
600000'95106/15-0005 ' BANKS, ATE 5 MAYHILI
513264400000 JUANITA 0125 14.43 OVERPAY
5132 95/06/20-0034 DIAMOND,
03005900000 95/06/25-0026 WIMMER, ROBIN P COLLEGE PARK D 0.01 OVERPAY
CKORY ST 27.53 OVERPAY
90967200000 95/06/25-0030 CECIL'S PAINT 6 BODY SHOP E E HICWWOOD SS 2.06 OVERPAY WILL 03538800000 95/06/26-0005 SMITH CATHERINE ALINE
S MAYHILL 0 23 0.87 OVERPAY
51199200000 99/06/27-0005 MEEKS JOHN WESLEY E MCKINNEY 017 1.06 OVERPAY
W OAK ST' 232.31 OVERP
51612900000 96106/29.0035 MOERSi,' KEVIN W. AY
02158700000 99/07/01-0029 NEBLETT. JAMES M
Agenda No. 7 02
AQends Item «r..r.
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' hyu+ra N~7
Agenda Item
Date -
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING 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
1 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 . 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 .NQ -VENDOR AMOUNT
1898 ALL J. DAVIS ELECTRIC $ 18,250.00
1903 ALL TRANS DATA INC. EXHIBIT "A"
1905 ALL WAUKESHA ELECTRIC SYSTEM $439,620.00
1912 ALL MCKINNEY METALS EXHIBIT "B"
1913 ALL TEMPLE INC. $171,631.00
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to 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
"roposals, 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.
R
Agenda No.
Agenda Item
Date
SECTLN IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTUM. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this - day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.OPD
RFSP N 1903
Agenda No.
RFSPNAME I.E.D. ELECTRIC TRANS ApeO a lie,
METERS DATA
OPEN DATE 521-% INC. Date t
ITEM ! QTY DESCRWrI.O_ N R EXHIBIT "A"
A. 10 METER
j MODEL NEMS60LO9S14SMPRTX 51,748.00
1 ~
EL S METER
_ j MODEL MEMS60L0934SMPRTX $1,748.00
C. 2 ! METER
1 MODEL NEMS60L08S24SMPRTX $1,748.00
I
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4
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BID #
1412
BID NAME ANNUAL CONTRACT FOR SALE. MCKINNEY Apnoa E;
OF SCRAP ELECTRICAL WIRE METALS Agenda Item
AND METALS pate c'l
OPEN DATE JUNE 13,1996 J j
i
# QTY DESCRIPTION VENDOR MMZBIT NEW
1
` 1• % ALUMINUM:
OLD ALUMINUM SHEET & 67%
CAST HIGH SIDE
I
2. % COPPER:
NON-INSULATED #I HIGH 100%
SIDE
3. •/.PPER: f 45%
INSULATED #1 HIGH SIDE t
4. 4 IRON & STEEL: 52%
#2 HEAVY METAL HIGH SIDE
f
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DATE: ddb EiB - ^
CIMCOINCEIRF_PQRT_ Oath ^
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID 91898 - DIESEL GENERATOR 20 KW
RSOMMF.NDATIODL• We recommend this bid be awarded to the lowest bidder meeting
specification, J. Davis Electric, in the amount of $18,250.00.
SUMMARY. This bid is for the purchase of a 20 kw diesel powered electric generator with
engine and transfer switch. The unit will replace an obsolete unreliable unit currently intended to
provide emergency power to the Service Center. The new unit will serve as back-up power for
Central Dispatch, Central Radio System, Supervisory Control and Data Acquisition Monitor,
Personal Computers, Central Phone System, Lights, HVAC and Appliances.
Numerous mechanical problems exist with the older gasoline powered unit making it unreliable and
uneconomical to repair and maintain.
1 The lower price offered by Cummins Supply failed to include installation charges.
BACKGflGIM Tabulation Sheet
pRQGRAMS.J)U RTA~ MENTS OR_SRO.UPS_ AFFECTED: Denton Municipal Utility,
Service Center Operations.
FISCAL IMPACT; 1995-96 budget funds, account 9610-105-1051-9350-8301.
1
Respectfully submitted:
Ted Benavides
City Manager
Approved: (1 _ ,
N~A.J
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
736.AOENDA
DID $ Is"
HID NAME DIESEL GENERATOR20KW J. DAVIS CUMMINS PARKER
ELECTRIC CO UTILITY POWER
OPEN DATE APRIL ]0,1996 SYSTEMS
VENDOR _V00OR
peBCRIr170N VENDOR VENDOR VENDOR VENDOR VENDOR
1. 1 EA DIESEL GENERATOR SET
&TRANSFERSWITCH -SIl,23000 _ SU,410.00 -_$I8,41_ _ _
MANUFACTURER: OMAN ONAN GE,YERAC- -
20DNAF 20DNAF
( MODEL
ADDENDUM MI - - -
ADDENDUM K2
NO EIp RWB ONSU
0
POWER SUPPLY INC.
WESCO
PRIESTERSUPPLY
i
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Agenda No, v
DATE: J~Ra21lj;
CIT -COUN L REPORT Date
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: RFSP H 1903 - I.E.D ELECTRIC METERS
We recommend this proposal be awarded to Trans Data Inc.
1TEM QTY UNIT PRICE DESCRMON MODEL
A 10 $1749.00 METER EMS60L09Sl4SMPRTX
B 5 51748.00 METER EMS60L0934SMPRTX
C 2 $1748.00 METER EMS6OLO8S24SMPRTX
Estimated total amount $29,716.00.
SIM MARY. This request for proposal is for the purchase of Intelligent Electronic Metering Devices.
These devices will make power quality monitoring available to high use electric utility customers through
personal computers. I.E.D. Meters will provide a wide range of clear data about the end-users power quality
conditions. Communication interfaces will make it possible for the City to access data without going into
the field. The price of these meters will be held firm for one year, quantities listed are annual estimates.
Requests were sent to eighteen vendors with seven responding.
BACKGROTM.II: Tabulation of respondentents, Memorandum from Ray Wells dated June 17, 1996.
PRO(:ReMS~ D PARTMF*rrsQR jGRQUPS AFFFCTF.ne Electric Metering Division, Electric
Utilities Department, Electric Utility Customers of the City of Denton.
FISCAL • 11M C • Budgeted Funds for Electric Metering for 95-96, account 4610-134-1034-3700-9224.
Res ct
pe fu[ly submitted:
Ted navides
City Manager
repared by:
-1) Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
745.143aNDA
Ni ~•a3~
f
{RFSP M 1903 -
i
RFSP NAME I.E.D. ELECTRIC POWER TRANS WESCO CUMMINS PRIESTER TEMPLE ELTEK
METERS SUPPLY DATA
OPEN DATE S Zt-% INC
z
I
f N QTY DESCt21PFiON _ VFh'VORR --VENDOR -VENDOR- VENDOR -VENDOR VENDOR "Nom
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d
L, Agenda No.
P Agenda I!em
96 M 20 1111 2:55 Date
CITY OF DENTON MUNICIPAL U77LI71ES ~ 901-A TEXAS STREET ~ DENTON. TEXAS 76201
TO: TOM SHAW
FROM: RAY D. WELLS/SUPERINTENDENT, METERING
DATE: JUNE 179 1996
SUBJECT: RFSP81903-I.E.D. ELECTRIC METERS
The opening date for Bid Item 81903 was May 21, 1996. Seven vendors submitted quotes
with five of the seven taking execption to certain criteria therein. After careful evaluation of
bid 81903, intelligent Electronic Devices, we have decided to award TransData Inc. Kith
the bid. Several factor's dictated the final decision however, Transdata Inc. came in with the
lowest price for both software and hardware, as well as, offering the best overall support.
77rere are three bid items with a total quantity of 17LE'.D.'s involved:
Item Qty Description Unit Price Total Price
A 10 Mark V electronic Kilowatt Mir. $1748.00 $17,480.00
Model EMS60L09SMSMPRTX
B S Mark V electronic Kilowatt Mir $1748.00 $8o740.00
Model EMS60LO934SMPRTX
C 2 Mark V Electronic Kilowatt Mtr $1748.00 $3,496.00
Model ,?MS6OLO8S24SMPR7X
I respectfully submit the above items to your for approval.
"Dedicated to Ouality Service"
r
VENDOR EVALUATION CRITERIA
e
RFSP 61906 i 1
FSP NAME I.E.D. ELECTRIC POWER TRANS WESCO CUMMINS PRIESTER• TEMPLE ELTEK
METERS SUPPLY DATA
PEN DATE 6.21-96 1 2 3 4 5 6 7
i
% , > IVD I
Y fldQFl:; "DW.!!' 1fLRY16011
DE13GR1PTM?T4 I:XGW HPTKINi 11NDQR._ 111atlDOR VNDOIW;, . .
WQ
A,B,C 17 MARKV-EMS60 CUSTOMER SOFTWARE
i
A,B,C 17 ALPHAIAiR-AL P.Q. EVENT REPORTS
A,B,C, 17 84 P.Q. EVENT REPORTS
A,B,C 17 FULCRUMIQUANTUM PRICEIP.Q. EVENTS
A,B,C 17 PQMT20CA NO SOCKET TYPE
A,B,C 17 QUAD IV PRICEISAMPLE RATE
VENDOR REASON FOR REJECTION PRICEIEA. TOTAL PRICE
1 POWER SUPPLY NO QUOTE
2 TRANSDATA BID AWARDED $1,746.00 $29,716.00
3 WESCO WILL NOT DO P.O. EVENTS $1,300.00 $22,100.00
4 CUMMINS WILL NOT DO P.Q. EVENTS $626.00 ;10,642.00 o a a
WILL NOT RECORD 6 CHANNELS
6 PRIESTER WILL NOT DO P.Q. EVENTS $1,763.00 $30,611.00 w
PRICE z
6 TEMPLE DID NOT QUOTE SOCKET TYPE 12,442.00 1141,514,00 3 °
7 ELTEK PRICE 1119!9.00 $33,6$5.00 !
ADDITIONAL SOFTWARE CHARGE
r i
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f.
DATE: JULY 2, 1996
C 1"[Y CUUNCILRFPOBT Agenda No. 7
Agenda Item
TO: Mayor and Members of the City Council Date
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1905 - POWER TRANSFORMER
FLF.00AEWENIJATIQ ; We recommend this bid be awarded to the low evaluated vendor,
Waukesha Electric Systems, in the total amount of $439,620.00.
SUMMARY., This bid is for the purchase of a power transformer for use at the Jim Christal
Substation. Bids were evaluated using the load loss equation to show total initial and operating cost.
Five bid proposals were received in response to twenty-five notices to bid mailed to prospective
vendors.
BACKGROUND., Tabulation Sheet, Memorandum from Ray Wells dated June 13, 1996.
PPROGRA141Sr EP R NTS O CROUPS FF>± .D; Electric Substations Department,
Electric Utility Division, Electric Utility Customers of the City the Denton.
FISCALIMPALM- Budgeted funds for Electric Substation for 1995-96 account #611-080-RR87-
CDJC-9217.
Respectfully submitted:
Ted avides
City Manager
Prepared by:
Name: Denise ~Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Tide: Purchasing Agent
747.A08NDA
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BID N 1905
WESCO WAUKESHA KUHLMAN
BID NAME POWER TRANSFORMERS STAIR ELECTRIC ELECTRIC
OPEN DATE MAY 21,1996
VENDOR VENDOR _ VENDOR VC!1DOR
VENDOR VENDOR
DESCRIlTION
5/21,117.00 _----00 __54391620.00 --SN12,635.00-------_-------
TO'PALBID AWARD _ _ -
- YES YES YES YES
BONDICASHIER CHECK
I
DELIVERY 3-1597 24.26W 3N7 3197
46.25•A ALT.
TAX $406,7716.00
s INCLUDED
a < o IN DID
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Agenda No.
A45tnda Item
Gate `
CITY OF DENTON MUNICIPAL UTILITIES • 901-A TEXAS STREET • DENTON. TEXAS 76201
MEMORANDUM
Ot TOM SHAW, PURCHASING AGENT
F ROM: RAY D. WELLS, SUPERINTENDENT SUBSTATIONS
ATE: JUNE 13, 1996
SUBJ: POWER TRANSFORMER SID NO. 1905
ssrwasswsswwswsrasrwsssssrsssswsssrwwrwwswsswswwswswsasswswsrasw
The evaluation of bids for the Jim Christal substation power
transformer has been completed. We recommend the bid of Waukesha
Electric Systems be accepted as the low evaluated bid meeting
specifications. I am attaching our tabulation sheet which list
the evaluation criteria as listed in the bid specifications to
our vendors.
I am requesting this be placed on the July 2, 1996 council agenda
and I am submitting a council agenda item with supporting
information.
Attachment ,
Ml
i
cc: R.E. Nelson
Sharon Mays
`Dedicated to Qualify Service"
0
~;lYnda ND..' ~ Ja
AgernAa IIEm_
POWER TRANSFORMER EVALUATION SHEET Date ) 1
BID 1905
BID NAME: 15 MVA 3 PHASE POWER TRANSFORMER
SIDOPEN: MAY21,1996
Cost Evaluation Summary Table
WAUKESHA WAUKESl11 -KUHLMAN ASS DELTA STAR
A B
Base Price 9620.00 $406778.00 636.00 S402 950.00 7217.00
Eno Losses Coat 219 073.60 $279705.68 912.56 26S 901.60 $247 f 70.40
Warranty Value 100 000.00 $100 OC3.00
Field Installation Cost 2 500.00
Field Service Cost
Unloadin Cost Pe--ftyt 12600.00 $12800,00 12600.00
Tax Ad ustment
T 24 953 94
Evaluation Factors
WAUKESHA WAUKESHA KUHLMAN ABB DELTA STAR
A B
Warm Poriod 5 6 f 1 6
Fleld astern re uiroments s
Cost of additional tranafortnor 11,7
2000 • s
Laste date to order adw-el unk 4 y 4 275 00 1 f 29.00
Co Losses reference TOM D. 26wks 8 win wits
? ? 7bc ? _ 76 c
Co no load losses kw 1422 _ 13.66 f3.12 17.7A 16.60
Cert load Losses kw 37.78 63.93 87.11 46.00 43.00
Total losse s kW 52.70 87.59 80.23 63.70 69.50
Total coolin ulrements kw 1,1 1.1 3 1.6 1.2
Im ondance in % at 15MVA 7.26 7.8 7A 7 7 8
Reactivr nation Cost 187.60 $29250.00 29 260.00 $20250-00 $29250.00
Guaranteed date of doliva 3 3 3
28 wks
27
wks
S are Parts Cost:
1 HV bush
1 LV bushy ~ 3949
1 HV arrester 41330 7 742
1 LV arrester 475
I Cooln fan 660 -
1 Set of s re askets 400 372
I E u ment ec. tion Exce tions:
I Load tap Chan r , n.r» Corn Non-Corn WM Corn
Tank
Corn
Cons ruction
Other •
iY
~S
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DATE: JULY 2, 19 ^
Agenda No,
CITY-COUNCILREEORT Agenda Item -
TO: Mayor and Members of the City Council Date
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1912 - ANNUAL CONTRACT FOR SALE OF SCRAP ELECTRICAL
WIRE AND METALS
RECOMMENDATIOM We recommend this bid be awarded to the high bidder, McKinney
Metals at the percentages of the "American Metals Market", Houston price for the day of pickup:
Aluminum 67% Copper Insulated 45%
Iron and Steel 52% Copper 100%
SUMMARY: This bid is for the sale of scrap wire and metals from the City of Denton Electric
Divisions. Bins are located at the Spencer Pole Yard and pieces of scrap electrical wire, cable, iron
and steel are collected. The vendor will pick up these bins and pay the city a percentage of the price
listed in the "American Metals Market" Houston for non-ferrous scrap on the day of pick up.
Eight notices to bid were mailed to vendors, two responded
RACKGROITMM. Tabulation Sheet
PROGRAMS, ,-n TMWMS OR-OROUpS-A'TECT.ED2. Electric Divisions, Electric
Utilities Electric Utility Customers of the City of Denton.
EISCA -IMPACT; Revenue from this sale will be deposited in 610-0004560-6705.
Respectfully submitted:
el ides
City Manager
Prepared by:
Jac--ru4-cJ `~~Y'Ac~A~
Name: Denise Harpool
Tide: Senior Buyer
Approved: j
e -
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
71S.AOENDA
o?..'Raj
4
S
BID p 1912 - -
BID NAME ANNUAL CONTRACT FOR SALE M11CKINNEY FULTON Agenda No._
OF SCRAP ELECTRICAL WIRE METALS SUPPLY & r Agenda Item
AND METALS
OPEN DATE RECYCLING Date.
___L ;
JUNE 13,19%
N QTY DESCRIPTION VENDOR VENDOR
VENDOR VENDOR
1• % ALUMINUM:
OLD ALUMINUM SHEET & 67% 51.5%
CAST HIGH SIDE
2. % COPPER:
NON-f NSULATED MI HIGH 100 % 95
SIDE
3. % COPPER: 45% 43%
INSULATED k1 HIGH SID_E_
1. IRON & STEEL: 52% 62% j
102 HEAVY METAL HIGH SIDE
t
t
h
DATE: JULY 2, 1996
CITY_COU1tiC-II, REPORT Agenda No.
Agenda Item 10
TO: Mayor and Members of the City Council Date
FROM: Ted Benavides, City Manager
SUBJECT: BID #1913 - AUTOMATIC TRANSFER SWITCHGEAR
RECOMMENDATIO - We recommend this bid be awarded to the low bidder, Temple Inc., at the unit
prices listed:
Padmount One Tap $22,231 Each
Padmount Two Tap $24,027 Each
Overhead One Tap $37,782 Each
For an estimated annual total of S 171,63 1.00.
SUMMARY: This bid is for the purchase of automatic transfer switches for use by the Electric Distribution
Department. These switches will enable power load switching from a remote location to help ensure
uninterrupted services to certain high use electric utility customers.
Quantities of bid are estimated annual usage. The prices of the switches will be held firm for one year.
Four bid proposals were received in response to sixteen bid packages mailed to vendors.
BACKGROUND; Tabulation Sheet, Memorandum from George Pool dated June 14, 1996.
PROGRAMS, l)FPARTMENTS OR_GROIJPS AFEEC_T ED; Electric Distribution Department, Electric
Utilities Division, Electric Utility Customers of the City of Denton.
F19CAL IhIPACT: Budgeted funds for 1995-96 Electric Distribution, account 4610-1031-1031-3650-9219.
Respectfully submitted:
en - es
City M ager
Prepared by:
tj
Name: Denise Ha I
Title: Senior Buyer
A roved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
i~e.r~osemA .
rDs;v~
i
S,
BIn b 1913
BID NAME AUTOMATIC TRANSFER Priester Telecom Temple Cummins
SWITCH GEAR Supply loc.
OPEN DATE 613 %
N 1y D[S It ON VENDOR VENDOR VENDORT VENDOR V NWR VENDOR VIGNIJOIE
1. 1 EA AUTOMATIC TRANSFER
PAD-MOUNTED SWITCH
GEAR WITH ONE FUSE TAP 522,610.00 528,137.00 _S22,231.00 $2wi.00
2. 2 EA AUTOMATIC TRANSFER
PAD-MOUNTED SWITCH
GEAR WITH TWO FUSE TAPS 521,113.00 V1,170.00 S24,027A00 ,S2113S0.00
3. 3 EA AUTOMATIC TRANSFER
OVERHEAD SWITCH
SYSTEM WITH ONE FUSE TAP - 588,11A00 NO DID _537,782.00 S3A 50000
Delivery 160 days
t FEDERAL
NO EID r PACIFIC
SWITCHG£AR
PREFERRED SALES
POWER SUPPLY INC.
{
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t
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F
s
+yenda 0
Agenda Item
Date
M E M O R A N D U M
TO: Denise Harpool, Senior Buyer, Purchasing
FROM: George Pool, Associate Engineer
DATE: June 14, 1996
SUBJECT: BID 81913 FOR AUTOMATIC TRANSFER SWITCH OEM
vavvvasavaaasaaasaxsaasaarssassassvazaasasss=saazavaasseazaazsvas
The Electric Engineering Division recommends acceptance of the low
bid from Temple on all three items for automatic transfer
switchgear. The bidders were:
Pad-Mounted Pad-Mounted Overhead ATO
ATO w/One Tap ATO w/Two Taps w/One tap
TEMPLE INC. $22,231 $24,027 $37,782
PRIESTER $22,640 $24,115 $38,145
CUMMINS $22,861 $24,350 $38,500
TELCOM ELEC. $28,437 $27,170 No Bid
The switches will be used to meet the added reliability needs of
our large commercial and industrial customers such as Sally Beauty
Supply and other critical loads such as hospitals facilities.
cc: R. E. Nelson, Executive Director of Utilities
Sharon Mays, Director of Electric Utilities
Ray wells, superintendent of Electric Operations
t
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~{Irndd fVd, Od 9
Agenda Item
ORDINANCE NO. Date - -49161
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
' CONTRACT BETWEEN THE CITY OF DENTON AND; DICKERSON CONSTRUCTION
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on 3-5--26, the City awarded a contract for3IDfi-1&49 . S JUR1t RE
STREET2Q7-AND r WATERL,ZIE in the amount of 51.036.897 5Q and
WHEREAS, the City Manager having recommended to the Council that a change order
be authorized to amend such contract with respect to the scope and price and said change order
being in compliance with the requirements of Chapter 252 of the Local Government Code;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION f That the change order increasing the amount of the contract between the
City and DICKERSQN CONSTV 7 r TION copy of which is attached hereto, in the amount of
_E.It:NTEE*~ TNO[ 1SANn~y RFD SIXTY ME-and-noLM--- Dollars (S18.96-5.00),
is hereb-),
y approved and the expenditure of funds therefor is hereby authorized. The contract
amount is amended to read $1,075,962.50.
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HEBERT L. PROUTY, CITY ATTORNEY
BY:
DATE: JULY 2, 1996
CITY-COUNMILEPORT D
AgenANo-
E: L
TO: Mayor and Members of the City Council AgenFROM: Ted Benavides, City Manager Date
SUBJECT: PURCHASE ORDER # 64553. SCRIPTURE STREET 20" AND 8"
WATERLINE - CHANGE ORDER 1
REMMMENDATION.' We recommend that change order # I in the amount of $18,965.00 be
approved and that the contractor, Dickerson Construction, be authorized to proceed.
SUMMARY- The change order increases the original contract by $18,965.00. The new total for
the contract will be $1,075,862.50.
During the pre-construction meeting for this project it was determined that the installation of 2
additional 20" valves would be required. Also, an error in the drawing was discovered that listed a
16" valve as a 8" and omitted one service line. This change order would correct these deficiencies and
be advantageous to the City of Denton.
Public Utility Board recommends approval.
BACKGROUND. Purchase Order #64553 to Dickerson Construction and City of Denton Change
Order # 1.
~a[:tt"MS+pEPARTMEDLT,~ )R~GROUPS Al»F RAID: City of Denton Utility Department,
Dickerson Construction Company.
FISCALI@4P, C - Funds for this change order are available from the Utility Department Revenue
Bonds.
1
Respectfully submitted:
Ted Benavides
City Manager
A proved:
Name: Tom Ahaw, C.P.M.
Title: Purchasing Agent
7/6.AOENDA
t
r
CITY OF DENTON, TEXAS
901-8 TEXAS STREET PURCHASE ORDER DENTON, TX 16201
NUMBER ends No.
DATEIVENDOR NO. DOCUMENT Yom--TYPE
64553 04-10-96 C25 Agenda Item S
DIC52500 Date-n2:a_,~
DICKEERRSON CONSTRUCTION INC CONFIRMATION ONLY C25
ENGINEERING
P.O. BOX 181 221 N. ELM
CELINA TX 75009 DENTON, TX 76201
NOTE: THIS ORDER WAS MODIFIED
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUNT
01 662 081 R689 R205 9138 0.00 SCRIPTURE - FULTON UPGRADE 1,056,897.50
02 662 081 R889 R205 9138 0.00 CHANGE ORDER N1 18,965.00
TOTAL FOR P.O. 19075,862.50
The City of Denton, Texas is tax exempt-House Bill No. 20.
Reference P.D. Number on all AIL Shipments and Invoices.
ShipmeMts are F.OA, City of Denton, or is indicated. By {
Purchasing Division
SEND INVOICES T0; DIRECT INQUIRIES TO.
City of Denton, Accounts Payable City of Denton Purchasing
215 E. Mckinney St. Denton. TX 76201 417) 383-7100
for as indicated on Purchase Order) Metro (817) 267-0042
Fax (817) 383-7302
The City of Denton is an equal opportunity employer.
CITY OF DENTON CHANGE ORDER
Agenda NO.
1. Division (Department) 2. Purchase Order No.
Engfmo rWTransportation 64553 3 Changes Order No. dN'
1
4. Name of Project S. Protect Aeet No.
Scripture•Fulton Upgred 662.081•RB89.0205-9138 6. Date Prepared
May 22, 1996
7. Name and Address of Contractor
Dickerson Construction, In" P.O. Box 181 • Celina, TX 75009
8. Descript}on of York Included in contract
Install new 20", 120, 80, 64, and 4" waterlines
9. Changes ordered an season ordered (List individual changes at. A, B, C, 0, etc.
A. Add 20 Gate Valves to er:hsnc0 fsolatfan procedures
S. Add 160 MJX Fig. RS Gate Valve
C. Add 14 service due to oversight of service
10. Bid Or}ginel Contract Revised negotiated
Contract Item Estiarted Unit t C.O. Unit Original Revised
Changes No. Quantity Price Quantity Price Cos t t
Unit ted cost mated
Esti
wntl
Cat
A. 2.13.1.f 1 as $7,500.00 ea 3 ea f7,5g0.00 as
Additional. S 7,500.10 $221500.00
164 MJFFLG.RS Valve 0 an 0.00 of
200x1" Service 0 ea 0.00 to i ea 12,990.00 to .00 $ 2,990.00
1 to $ 975.00 to ~.0 f 973.
1 7,500.00 926,465.00
it. Original Contract Pr}ee_ $1.056.897 SO I ncr.... Nn Contract Price _ $16.%5.00
New Contract Price _ $1.075 axe 50
Decrease in Contract Price
12. Contract time increased/decreased by 0 days, New contract tfine
-.M_4ya.
IME AFORERENF10ME0 CHANGE, AID YORK AFFECTED TMEREBY, f$ SUBJECT TO All CONTRACT STIPULATIONS AND COVENANTS.
13. ISSUED FOR REASONS :401CATED A80YE:
Jr-2
Sec on Supervisor Date
te
14. ACCEPTED By CITY ENGINEER.
fonature Title Da
15. ACCEPTED BY CONTRACTOR:
lp+ature Fftle
Os e
16. ASSISTANT CITY MANAGER
Signature Title
Oat*
DIRECTOR OF UTILITIES:
ifpasture Tit la
Date
CONDITIONS OF APPROVAL.
17. PURCHASING/FINANCE:
Signature title
Date
COUNCIL APPROVAL (If needed)
AEE004D1
R
.i NdS
IWCh
F
Agenda No,
Agenda Ilem
ORDINANCE NO. Date A732
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTTON-L That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDERNUMBER VENDOR AMOUNT
65795 IBM CORPORATION S349927.20
SFC_=TICIN 11, That the acceptance and approval of the above items shall not constitute a contract
between the City and the person submitting the quotation for such items until sucih person shall
comply with all requirements specified by the Purchasing Department.
SECTLOXM. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized.
i'
rYt srs
x~
P
`I
Acanda No. / _
Agenda Item
Da :e
SF.CTInN . That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of 996
JACK MILLER, MAYOR
ATTEST:
XNNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SOLE SOURCE
a
ros z~
E
DATE: JULY 2, 1996
CITYLCCHINCM-Rr PORT ?
Agenda ND-10
TO: Mayor and Members of the City Council Agenda item
Y] Q
FROM: Ted Benavides, City Manager Date
SUBJECT: PURCHASE ORDER # 65795 - IBM CORPORATION
RFCQMMV.NDAnON:- We recommend that Purchase Order #65795 to IBM Corporation be
approved in the amount of $34,927.20.
SIACAARY- This purchase order is for the acquisition of upgrade hardware and software for the
City of Denton GIS system. The hardware includes three RS/6000 workstations, disc storage tower,
adapters, cables and operation system software.
The purchase of this equipment will allow two less sophisticated workstations to be relocated to areas
accessible by the general public.
The items being purchased must be compatible with our existing equipment and software and is only
available from IBM Corporation. The prices are taken from the State of Texas General Services
Commission contract price list. Chapter 2542 of the Local Government Code exempts sole source
acquisitions from the bid process.
BACKGROUND. Purchase Order #65795 to IBM; Project equipment and price list.
PROGRAM„ S.DU ROUkS_AMCTED. City A Benton GIS System Users
:usd the Citizens of Denton.
FISCAL- IMPAC_L- Funds for this acquisition will come from several funding sources.
Information Services $25,977.20
Waw/Sewer Engineering $ 2,700.00
Streit Engineering $ 4,250.00
Traffic Engineering $--Zoom
$34,927.20
Respectfully submitted:
Ted Benavides
City Manager
Ap roved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
750.AGMMA
ASE ORDER NO: 6!)*/9!r THIS IS A
etttttett~
Ili If 1601 Hurl M:per (XI all . CONFIRMING D)
is lialivery skips, cases, ses,
packing slips and bills. {IF MARKED)
DO NOT DUPLICATE
Re4 Nit c Bid No: Dale: 06 25 96 Page No, O1
c)- E I
Y PURCHASING DIViS Ilt1N 901 8 TTEExXAS SONf OTEXAS
ENT(K TEXAS 76201-4354
i z° 8t7/383-7100 DIFW METRO 8171267-0042 FAX 817/383-7302
a VENOOR a SR CORPORATION
NAME/ 1V1/B/MFG/INS DELIVERY CENTRAL ONLY S11
a
ADDRESS< 64L5 L8J FREEWAY ADDRESS INFORMATION SERVICES
DALLAS TX 75234 601 E HICKORY
DENTON, TX 76205
VENDOR NO. 11149000 DELIVERY QUOTED 07 05 96 FOB DESTINATION BUYER TS TERMS
- t.. . .
001 25977.20 VENDOR CAT. $ N / A MFG NAME 1.000 25,977.20
CITY ! 20569
GIS HARDWARE UPGRADE
002 2700.00 S$ VENDOR CAT. 0 N / A MFG NAME 1.000 2,700.00
CITY $ 20569
ADDITIONAL FUNDING (COSGROVE/MARTIN)
003 4250.00 SS VENDOR CAT. $ N / A MFG NAME 1.000 4,250.00
CITY 0 20569
ADDITION FUNDING (JERRY CLARK)
004 2000.00 S$ VENDOR CAT. I) N / A MFG NAME 1.000 2,000.00
CITY ! 20569
ADDITIONAL FUNDING (JERRY CLARK)
P GE TOTAL t 34,927.20
GR ND TOTAL s 34,927.20
OI 437 036 0173 9103 25,977.20
02 625 082 11472 9107 2,700.00
03 100 020 0010 9103 4,250.00
04 300 020 0012 8502 2,000.00
VEFd0t3R BYSTAtlCTIt3(YS 3. Terms - Net 30
L sew ori~rttal Invoke with dgl"e copy. ; 4. Shipping instructions; F.od. Destination prepaid JU0.11 .m.,.,„ ,p.c&.d0
L INII M Accounts Fayalk 5. No federal at state sales tax shall be included
Its 9 F E McKinney
>t., cn51295 j in prices billed Purchasing Division
PURCHASING
I
t
4
F
i
cMne DescriptionlCompenents Price Qty Cost Dime Gen Fund Utll Fund Total
1
133 IBMN 43P,1.2 ODisk, 32M Ram, 7,835 2 15,670 27 11,439.10 -11,439.10
i TIR, P200 MWW, & Cabin
P200 Displays 2,996 2 6,990 27 2,188.35 2,188.36 4,372.70
E a° &.133 IBMN 43P, 1.2 GDI* 32M Ram, 7,835 1 ?AN 27 5,719.56 6,719.55
TIR, & Cabin
j Adit 32Meg Rem (for Erg) 2,400 1 2,400 27 1,762.00 1,752.00
i
i
Tom Ricam00 &Pdpnwnt 32,M 21,892.00 411N.38 25,878.38
4 AIX Software 800 3 2,400 27 1,752.00 1,782.06
Media Charge for IBM 50 3 150 0 150.00 150.00
TOW RIC LUMSo(lwere 81000 1,802.00 36"0.00 8,802.00
7131406 IBM SSA MultlStDrape Tower, 2895 Cable, 11,346 1 11,345 27 8,281.85 8,281.85
& 90 Desk ebm" (2 4.60 drives)
i
701X-0218 SSA Adapter I or da 7013570 2,000 1 2,000 27 1,480.00 1,400.00
Total Server •b wop Equipment 13,348 8,741.88 0.00 9,T41.N
. Grand Total 23,831 33,338.88 7,788.36 454122.20
IBM PO ToW 34,927.20
r
ry-( uJ g~
F.
Aoenda ~w,,..~~
Agenda Ilem
Date - -
CITY COUNCIL REPORT FORMAT
DATE: June 18, 1996
TO: Ted Benavides, City Manager
FROM: Jerry Clark, Director of Engineering and Transportation
SUBJECT: Agreement with TXDOT for providing traffic signal equipment (I.H.
35E a McCormick and F.M. 426 (McKinney Street) a Mayhill Road)
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute an agreement between
the City of Denton and the Texas Department of Transportation
SUMMARY/BACKOR UND,
The Texas Department of Transportation through the North Central Texas Council
of Governments will reimburse the City for 54% of the cost of the equipment for
the traffic signal at the intersections of I.H. 35E a McCormick and F.M. 426
(McKinney street) a Mayhill Road.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Congestion Mitigation ana Air Quality Improvements program (CMAQ),
Engineering/Transportation Department and general public
FISCAL IMPACT
Forty-six (464) of the initial cost of the signal controller
RESPECTFULLY SUBMITTED:
RE '
Te Benav es
City Manager
Prepared/Approved by:
4teC or o ngineering S Transportation
ALE00767
~r
F:\WPD0CS\0RD\TWFIC.0RD
Apende Na. 1 O
Apenda Item
Date
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND
INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Congestion Mitigation and Air Quality Improvements
Agreement between the City of Denton and the Texas Department of
Transportation for the furnishing and installing of traffic signals
by a municipality and the City is authorized to participate in the
development and construction of the project as set forth in the
Agreement, a copy of which ::a attached hereto and incorporated by
reference herein.
SECTION II. That the City Council hereby authorizes the
expenditure of funds as provided in the Agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY CITY ATTORNEY
BY
e
Iy~
f
f.
Agenda No.~
Agenda Item
AgrceDWOLNIZ !p
STATE: OF TEXAS
COUNTY OF TRAVIS
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
AGREEMENT FOR TRAFFIC SIGNALS (STATE CONTRACTED
AND WITH A MUNICIPALITY PROVIDING LIMITED MATERIALS
AND/OR LABOR AND/OR EQUIPMENT)
THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department
of Transportation, hereinafter called the "State" and the North Central Texas Council of Governments, a
Metropolitan Planning Organization, chartered under the laws of the State of Texas, acting by and through the
city of Denton , in Denton County, Texas, hereinafter called the "City", acting
by and through its duly authorized officers.
-W IINE5SETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under
Title 23 U.S.C. Section 101 est seq., establishes the National Intermodal Transportation System that is
economically efficient and environmentally sound, provides the foundation for the nation to compete in the global
economy, an,.- will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement
program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented
by the States' Transportation Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ("MPO's")
and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the
State; and
WHEREAS. Title 23 U.S.C. Section 120 establishes the Federal share of funding for CMAQ programs
involving the procurement and installation of traffic signals as defined elsewhere in this agreement; and
WHEREAS, the State is empowered under existing laws to operate and maintain a system of highways
C MAQ.S'1'A'tI i 5-94
SFA 'IF,IJ;l"tING
SHFLI 01. 1 01. 10
S
F
r
Agenda No..q(SL--_
and roadways for public use and benefit; and Agenda Item
Date
WHEREAS, the City has requested the State to reimburse the Federal allowable percentage of the cost of
furnishing and installing tragic signal equipment at the intersections established herein, hereinafter called the
"Project"; and
WHEREAS, the State and City wish to cooperate in the construction of this Project; and
WHEREAS, the City desires that equipment be provided that is compatible with standard signal
operation and/or existing City equipment; and
WHEREAS, it is in the best interest of the City and the State for the City to assist the State by furnishing
and installing traffic signal equipment on the Project; and
WHEREAS, the Project has been designated as a Federal-aid made in accordance with Federal pro
lcet and thus this agreement shall b
Highway e
Administration (FlFWA) Procedures and regulations; and
WHEREAS
defined elsewhere in , the this City has offered to participate in the development and construction of the Project
contract; and
WHEREAS, on the day of O
City Council passed R 19~. the
Resolution/Ordinance No.
authorizing the Cit s attached hereto and identified as ExM'bit-"D^ m
y s in the development of the Project; and
WHEREAS, the State will secure'the Federal cost share, and reimburse the City for their appropriate cost
associated with the project as defined elsewhere in this agreement; and
WHEREAS, on the _22L, day of
Passed Minute Order"-" 19-91the Texas Transportation Commission
-X4254- Z-_._, authorizing the Project through the State Transportation Improvement
Program; and
WHEREAS, the State and the City are authorized under Article 6673b, V.T.C.S, to enter into this
agreement for the purposes defined herein;
ACrREEMEiNT
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties
hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows:
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ARTICLE I. CONTRACT PERIOD Date
This agreement becomes effective on final execution by the State and shall i emain in effect as long as said traffic
signal equipment is in operation at the described location(s) and the Project is incomplete, or unless otherwise
terminated or modified as hereinafter provided.
ARTICLE 2. WARRANTING DATA
The City will be responsible for collecting and preparing the required warranting and justification data for each
signalized intersection. The data will be furnished to the Stale in a format approved by the State. Only those
intersections that are warranted and approved by the State will be eligible for signalization under this agreement
ARTICLE 3. INTERSECTION LOCATIONS
A. All State-approved intersections which are included as part of the "On State Highway System" are
acknowledged in Exhibit "A", attached hereto and made a part of this agreement.
B. All State-approved intersections which are "Off State Highway System" are acknowledged in Exhibit "B",
attached hereto and made a part of this agreement.
ARTICLE 4. CONSTRUCTION RESPONSIBILITIES
A. The plans associated with the construction of the traffic signal(s) will be developed by the City, unless
noted otherwise in paragraph "D" below. The construction plans, which will require finit approval by the State,
shall be prepared in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices
(TMUTCD) and using Texas Department of Transportation Standard Specifications, Special Specifications,
Special Provisions and Standard Sheets.
B. The State will advertise for construction bids, let the construction contract, or otherwise provide for the 1
construction and will supervise the construction as required by said plans, The State will secure the City's
concurrence of the construction plans prior to the award of the construction contract.
C. The furnishing and/or installing of a portion of the traffic signal equipment may be part of the construction to
be undertaken by the City, and the State will reimburse the City for its contribution to the Project, as prescribed
under Article 6, "Compensation."
D. Variations' None
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ARTICLE 5, PERSONNEL, EQUIPMENT AND MATERIAL
A. For any work related to the Project which is to be performed by the City, the City shall use labor and
supervisory personnel employed directly by the City, and use City-owned machinery, equipment, and vehicles
necessary for the work. In the event that the City does not have the necessary machinery, equipment, and
vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as
necessary at the low bid price submitted by at least two approved bidders.
B. Reimbursement for the use of materials purchased by other than competitive bid procedures will be made
only if such procedures are shown to be in the public interest and provided the State shall have given prior
approval for the use of said materials. All materials used for the work shall be new and undepreciated.
ARTICLE 6. COMPENSATION
A. The State will reimburse the City up to_11216 of the cost of furnishing and/or installing City traffic signal
equipment for locations described in Exhibit "A". The State will pay up to 54 % of the construction costs for
locations described in Exhibit "A".
The State will reimburse the City up to-a(a,% of the cost of furnishing and/or installing the city traffic signal
equipment for locations described in Exhibit "B". The State will pay up to of the construction costs for
locations described in Exhibit "B".
B. The State will reimburse the City for properly supported costs incurred under the terms and conditions of
this agreement. Costs incurred prior to the issuance of a wri'ten "Work Order" by the State will not be
reimbursed, except for materials already on hand. Reimbursement will be made by the State to the City for labor,
equipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the
City has paid from City funds their obligations covering items of costs previously billed.
C. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State
and Local Govemments".
D. The maximum amount that the City will be reimbursed under this agreement without modification is
S 20, 250.00 A cost estimate of the work authorized for each intersection listed in Exhibits "A" and "B"
shall be provided in Exhibit "C", attached hereto and made a part of this agreement.
E. The City shall remit a check or warrant, made payable to the Texas Department of Transportation, thirty
(30) days prior to the date set for the State to receive construction bids in the amount equal to:
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(1) rn of the estimated contract bid items for locations described in Exhibit "B"
(2) r/_% of the estimated engineering and contingencies (State inspection costs) for the contract
bid items for loca!ions described in Exhibit "B"
(3) n/a_% of the estimated State inspection costs for City furnished and/or installed tragic signal
equipment for locations in Exhibit "B"
(4) _ n1a % of any Federal non-participating costs
It is estimated that the State inspection cost will be-nW% of construction cost.
The City check or warrant is $n/a - In the event it is determined by the State that
the initial amount submitted by the City for construction of the project is insufficient to cover the State's costs,
the City will within thirty (30) days from the State's written notification, make additional funding available to the
State. Following completion and the State's acceptance of the project, the State will make a final audit of all
costs associated with the project. Upon completion of the final audit, any remaining funds due the City will be
promptly returned.
ARTICLE 7. PAYMENTS
A. The City shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the
Slate upon completion and final inspection of the Project (or on a quarterly basis wherever the work and
materials provided for and contemplated under this contract have been found by the State, based upon an
inspection made by the State to be satisfactorily completed and installed on any individual signalized
intersection and/or section of roadway as approved by the State for partial acceptance by letter) for the I
work and/or equipment which has been accepted by the State.
B. An original and four (4) copies of the Billing Statement should be submitted to the following address: _
Texaartment of Transportation
Attn• Director of Transportation Operations
PO Box 306,1 Dallas-TX 75221-3067
C. All billing statements shall be properly documented, summarizing the costs by description of work
performed, quantity of materials and devices, unit price, labor costs, and extensions.
D. The State shall make payment to the City within thirty (30) days from receipt of the City's request for
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payment, provided that the request is properly prepared, executed, and documen4penda Item
Date
E: Unsupported charges or charges after final acceptance by the State hill not be consider eligible for
reimbursement 11'applicable or necessary the State will prepare a final audit upon completion of the work
authorized or at any time an audit is deemed to be in the best interest of the State.
ARTICLES. INSPECTION OF WORK
i
A. The State will make suitable, frequent, and complete inspection of all materials, and equipment, and the
work of installation to determine and permit certification that the Project and its components meet all applicable
requirements of the plans and specifications in suitable condition for operation and maintenance by the City after
its completion.
8. The City shall provide opportunities, facilities and representative samples, as may be required, to enable the
State to carry on suitable, frequent, and complete inspection of all materials, and application methods, sufficient
to afford determination and certification by the State that all parts of the installation and the component materials
comply with the requirements of the approved plans and specifications. The State will promptly notify the City
of any failure of materials, equipment or installation methods, and the City shall take such measures as necessary
to obtain acceptable systems components and installation procedures without delay.
ARTICLL9. TERMINATION
A. This agreement may be terminated by one of the following cc,tditions
(1) By mutual agreement and consent of both parries
(2) By the State giving written notice to the City as a consequence of failure by the City to perform
the services and obligations set forth in a satisfactory manner and within the Eimits provided, with
proper allowances being made for circumstances beyond the control of the City.
(3) By either party, upon thirty (30) days written notice to the other. {
B. If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the
maintenance and operation responsibilities for the City's portion of the traffic signal equipment in a satisfactory
manner as determined by the State, the State reserves the right to assume the construction responsibilities and'or
to arrange for the maintenance and operation responsibilities at the expense of the City.
ARTICLE 10. INDEMNIFICATION
The City acknowledges that it is not an avent, servant, or employee of the State, and that it is responsible for its
own acts and deeds and for those if its agents or employees during the performance of contract work,
I
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ARTICLE 11. REMEDIES
Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any
increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City.
This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies
existing at law and in equity may be availed of by either party and shall be cumulative.
ARTICLE 12. DISPUTES
Should disputes arise as to responsibilities and obligations as set forth in this agreement. the State's decision shall
be finial and binding.
ARTICLE 13. SUBLETTING
The City shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless
specifically authorized in writing by the State, In the event subcontracts are entered into by the City, the
sut -ontractors must adhere to the provisions of this agreement.
ARTICLE 14. AMENDMENTS
Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written
amendment. Any amendment to this agreement must be executed by both parties.
ARTICLE 15. INSURANCE (Mark out the following paragraph that is not applicable)
1nsurans&
Prior to the City performing a v is Project, the City shall a tate a co
of Insurance (Form 20.102, latest ve a maintain in full force and
A.
pro' a ity is a self-insured entity for public liability purposes. I
B. &9J= !W
Prior to the City performing any work on this Project, the City shall famish to the State a completed Certification
of Insurance (Form 20.102, latest version) and shall maintain its self=insurance program in full force and effect as
long as this Project lasts and the City is responsible for the furnishing, installing, maintenance, and operation of
the traffic signal equipment. The State understands that the City is a self-insured entity for public liability
purposes.
ARTICLE 16. SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior
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written consent of the State.
ARTICLE 17. INSPECTION OF CITY'S BOOKS AND RECORDS
The Stzte will, for purpose of termination of the agreement prior to completion, examine the books and records
of the City for the purpose of checking the amount of the work performed anc,or materials furnished by the City
at the time of contract termination. The City shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this contract and shall make such materials available to
the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and
inspection at its office during the contract period and for three (3) years from the date of final payment and ,r this
contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized
representatives shall have access to all records of the City which are directly applicable to this contract for the
purpose of making audits, examinations, excerpts and transcriptions.
ARTICLE 18. LEGAL CONSTRUCTION
In case any one or more of t}.e provisions contained in this agreement shall for any reason, be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
ARTICLE 19, GOVERNING LAWS AND VENUE
7 his agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal
actions regarding the parties obligations under this agreement roust be filed in Travis County, Texas.
ARTICLE 20. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties respecting the within subject matter.
ARTICLE 21. OMB A-128 AUDIT REQUIREMENTS
The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98.502, ensuring that the
single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-129.
ARTICLE 22. PROCUREMENT STANDARDS
The City shall adhere to the procurement standards set forth in Title 49 CFR Part 18.32.
ARTICLE 23. PROPER? V MANAGEMENT STANDARDS
5-'1J
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The City shall adhere to the property management standards set forth in Title 49 CFR Pert 18 36.
ARTICLE 24. COMPLIANCE 1VITI1 LAWS
The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the
orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the
agreement, including without limitation worker's compensation laws, minimum and maximum salary and wage
statu;;b and regulations, and licensing laws, permits and regulations When required, the City shall furnish the
State with satisfactory proof of compliance
ARTICLE 2S. ClIVIL RIGHTS COMPLIANCE
The City shalt' comply with the regulations of the Department of Transportation as they relate to
nondiscrimin ttion (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment
Opportunity", as amended by Executive Order 11375 and as supple men. ¢-d i;i the Department of Labor
regulations (41 CFR 60).
ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
Thu City agrees to comply with the requirements set forth in Exhibit "E", "Minority Business Enterprise Program
Requirements
ARTICLE 27. DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WIIKJI
EXCEED $100,000)
The City is prohibited from making an) award at any tier to any party which is debarred or suspended or
otherwise excluded from or ineligible for participation io federal assistance programs un; er Executive Order
1::549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded
under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and
Suspension) to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy
of the certification.
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IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the Agreement.
THE STATE OF TEXAS
The City of., Denton
Executed for the Executive Director and approved
By~ for the Texas Transportation Commission under the
(Name) Authority of Minute Order 100002 and Stand Alone
Manual Notice 95 4, for the purpose and effect of
activating and/or carrying out the orders, established
(Title) policies or work programs by the Texas
Transportation Commission.
(Date)
APPROVED:
ATTEST: By:
Dallas District Engineer
City Secretary
Date:
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Exhibit ■p■
Control: 0195-03-052
MPO#: 4087
I835B: Traffic Signal A McCormick
Control: 0081-11-019
MPO#: 4086
P.M. 426: Traffic Signal • Matyhill
on system locations
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~zhibit nB~~ Date..-
lions
o!f ststm locations
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EXHIBIT •C'
111353 a KcCormick
pescrintioa Quantity Cost Total Cost
Signal Equipmenti
SC3000 Controller & Cabinet 1 $7,890 $ 7,000
4-Channel Detector Cards 2
Sub-Total 3 8,600
a 426 f Kayhill Road
Quantity Cost Total/Cost
gescz~tioa
signal Equipment:
SC3000 Controller & Cabinet 1 $7,000 $ 7,000
4-Chanel DetectuL Cards 2 Soo 1.600
Sub-Total
TOTAL $17,200
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Exhibit "E"
SPECIAL. PROVISION
MINORITY BUSINESS ENTERPRISE REQUIREMENTS
It is the policy of the Department of Transportation that Minority Business Enterprises as defined in
49 CFR Part 23, Subpart A, shall hive the maximum opportunity to participate in the petformance
of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business
Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows.
The City agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 23, Subpart
A. have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and
reasonable steps in acoordancewith 49 CFR Part 23, exclusive of Subpart D, to ensure that Minority
Business Enterprises have the maximum opportunity to compete for and perform contracts.
The City and any of its subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of contract and, after ,
the notification of the Department, may result in termination of the contract by the State or other such
remedy as the State deems appropriate.
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CITY OF DENTON, TEX4S MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: June 28, 1996
SUBJECT: Consieer Adoption Of An Ordinance Authorizing The City
Manager To Execute An Easement On Behalf Of Lone Star Gas
Company To Provide Natural Gas Distribution Lines At The
Denton Municipal Airport
RECOMMENDATION:
Staff recommends the adoption of this ordinance.
SUMMARY:
Upon approval of this ordinance, the City Manager would be
authorized to execute an easement with Lone Star Gas for the
provision of natural gas service to Airport tenants. This is
considered an important step in the economic viability of the
Denton Municipal Airport and will serve as a catalyst for economic
development.
BACKGROUND:
Staff visited with Lone Star Gas approximately three months ago to
discuss the possibility of extending natural gas distribution lines
to the Denton Municipal Airport. This action was in response to
requests from tenants on the field and interested parties who are
considering relocating to the Airport.
Mr. Floyd Cunningham, Business Development Manager of Lone Star
Gas, toured the Airport with Staff and asked for related
information on available acreage, owner's names, and proposed plans
for the property near the Airport. Additionally, Staff shared
information about the expected increase in development on the
Airport and the need for prospective clients to use natural gas to
heat their hangar space.
Mr. Cunningham forwarded a letter dated April 1 in which he agreed
to install gas service to serve the Denton Municipal Airport in
return for an easement to locate distribution lines (Attachment 1).
'Dedicated to Quality Senate"
rt t'a a{
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oats
Staff from Engineering and Legal have jointly prepared an ordinance
granting the easement to Lone Star Gas which will enable them to
serve the Airport. It is anticipated that gas service will be
available within forty-five (45) days following approval of the
ordinance and execution of the easement agreement.
PROGRAMS--DEPARTMENT,. GROUPS AFF CTE :
Denton Municipal Airport tenants.
FISCAL IMPACT:
None.
Please advise if additional information is needed.
RESPECTFULLY SUBMITTED:
Ted Benav des
City manager
Prepared by:
i
Deep Portugal
Assistant to the Cit Manager
Attachments: 1. Letter from Floyd Cunningham, Lone Star Gas
2. ordinance
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Lone Star Gas Company
FLOYD CVNMNGKAM 000 M Elm, Suh 104 - OMbn, Tmi 76101
ewin.n DMbpronl/.lonap„ April 1, 1996
sal ~1 seaean
Mr. Joseph Portugal
City of Denton
215 E. McKinney St.
Denton, Texas 76201
Mr. Joseph Portugal:
As per our conversation last week concerning installing our gas main to serve the
Denton Municipal Airport, we will extend our gas main from the DE at Tetra Pak on
Airport Rd to Marsch Branch and then south in an easement provided by the city of
Denton to near the south property line of the airport property.
We appreciate your assistance in providing us with acreage available, owner's names and
proposed plans for property near the Denton Municipal Airport. This information plus
determining the location where the proposed Western Boulevard will extend from Airport
Road to Hwy #380 wilt assist our Systems Planning Group in determining the size piping
that will be required for this area
Even though this property may not develop exactly as we've discussed, we want to
plan our piping system so that it wiII handle any volume of gas that might be required
from new development in this area. After providing the necessary information to our
Systems Planning Group, only two (2) or three (3) days will be required for piping layout.
If you will provide me with the approximate !ocation of the proposed Western Blvd.
and start procedures for an easement on Airport property, I will proceed with piping
layout and securing highway permit for F.M. 1515 (Airport Rd.). We can have gas
service in the airport within 45 days after easement is secured.
Again, thanks for your assistance.
Sincerely,
,
94
Flo Cunningham
i
ror
t'\
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ORDINANCE N0.
1
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT ON
BEHALF OF LONE STAR GAS COMPANY TO PROVIDE NATURAL GAS DISTRIBUTION
LINES AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE
DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i That the city manager is hereby authorized to
execute an easement on behalf of Lone Star Gas Company to prnvide
natural gas distribution lines at the Denton Municipal Airport, a
copy of which is attached hereto ar,d incorporated by reference
herein.
EC'1'-TON iT- That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
day of 1996.
JArK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
c
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Agenda
EASEMENT Agenda Item
THE STATE OF TEXAS, g Date ~r
COUNTY OF DENTON s KNOW ALL MEND BY THESE PRESENTS,
THAT the City of Denton, a Municipal Corporation of the State of
Texas, of Denton County, Texas, in consideration of the sum of one
dollar ($1,00) and no cents and other good and valuable
consideration in hand paid by Lone Star Gas Company receipt o`
which is hereby acknowledged, do by these presents grant, bargain,
sell and convey unto the Lone Star Gas Company, its successors and
assigns, an easement to construct, place, operate, inspect,
maintain, repair and remove natural gas distribution facilities and
lines and necessary fixtures and appurtenances thereto, upon and
across the following described 9 property, owned by it situated in
Denton County, Texas in the William Neil Survey, Abstract No. 970.
Tract I
ALL that certain lot, tract or parcel of land, lying and being
situated in the City and County of Denton, State of Texas in the
William Neil Survey, Abstract 970 and being part of a 331.94 sore
tract conveyed to the City of Denton by deed recorded in Volume
305, Page 216 of the Deed Records of Denton County, Texas and being
more particularly described as follows:
COMMENCING at the most northerly northeast corner of Lot It Block 1
of the Southeast Airport Addition, an addition to the City of
Denton, as recorded in Cabinet G, Page 295 of the Plat Records of
Denton County, Texas;
THENCE North 88' 53' 129 West along the north line of said Lot 1 a
distance of 49.57 feet to the POINT OF BEGINNING)
_.._Txat1CS North 88' 53' 120 West continuin aloe the north line of
Agenda No.
BASEMENT Agenda item V
THE STATE OF TEXAS, 5 Date
5 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
THAT the City of Denton, a Municipal Corporation of the State of
Texas, of Denton County, Texas, in consideration of the sum of one
dollar ($1.00) and no cents and other good and valuable
consideration in hand paid by Lone Star Gas Company receipt of
which is hereby acknowledged, do by these presents grant, bargain,
sell and convey unto the Lone Star Gas Company, its successors and
assigns, an easement to construct, place, operate, inspect,
maintain, repair and remove natural gas distribution facilities and
lines and necessary fixtures and appurtenances thereto, upon and
across the following described property, owned by it situated in
Penton County, Texas in the William Neil Survey, Abstract No. 970.
Tract I
ALL that certain lot, tract or parcel of land, lying and being
situated in the City and County of Denton, State of Texas in the
William Neil Survey, Abstract 970 and being part of a 331.94 acre
tract conveyed to the City of Denton by deed recorded in Volume
305, Page 216 of the Deed Records of Denton County, Texas and being
more particularly described as follows:
COMMMCING at the most northerly northeast corner of Lot 1, Block 1
of the Southeast Ai ort Addition, an addition to the City of
Denton, as recorded in Cabinet G, Paqe 295 of the Plat Records of
Denton County, Texas)
THENCE North °,8' 53' 12" Went along the north line of said Lot 1 a
distance of 49.57 feet to the 70.C14T OF BEGINNING;
THENCE North 88' 53' 12" TIcjrt continuing along the north line of
said Lot 1 a distance of 16 feet to a point for corners
THENCE North 01' 09' 200 East a distance of 592.69 feet to a point
for corner, said point lying on the south right-of-way line of F.M.
1515 (Airport Road) and on the present north line of said 331.94
acre tracts
THENCE South 87' 39' 01" East along said lines a distance of 16
feet to a point for corners
THENCE South 01' 09' 20" West a distance of 592.35 feet to the
POINT OF BEGIN3FINO and containing .2176 acre of land.
Tract II
ALL that certain lot, tract or parcel of land, lying and being
situated in the City and Cou:.ty of Denton, State of Texas in the
William Neil Survey, Abstract Number 970 and being part of a 331.94
acre tract conveyed to the City of Denton by deed recorded in
Volume 3050 Page 216 of the Deed Records of Denton County, Texas
and being more particularly described as follows:
COMMENCING at the most northerly northeast corner of Lot 1, Block 1
of the Southeast Airport Addition, an addition to the City of
Denton, as recorded in Cabinet G, Page 295 of the Plat Records of
Denton County, Texas;
TRANCE South 01' 23' 50" West along the most northerly east line of
said Lot 1 a distance of 133.78 feet to a point for corner, said
point being the southeast corner of a variable width taxiway,
drainage, and public utility easement as shown on said Southeast
Airport Addition plats
TRENCR North 88' 36' 10" West along the south line of said variable
width easement a distance of 16 feet to the POINT OF BEGINNING,
said point being the northwest corner of a 16' utility easement as
shown on said Southeast Airport Addition plats
THENCE South 01' 23' 50" West along the west line of said 16'
E
easement a distance of 1'0 feet to a point for corner
p~eggdi o, o n
lying on the north line of a 60 easement as shown on
F4
Date
THENCE North 88' 36' 10" West along said north easement 1 no a
distance of 44 feet to a point for corner;
THENCE North 01' 23' 500 East a distance of 170 feet to a point for
corner, said point lying on the south line of said variable width
easement;
THENCE South 88' 36' 100 East along said line a distance of 44 feet
to the POINT OF BEGINNING and containing 7,480 square feet of land.
City of Denton covenants not to place fences, buildings and
other obstructions on s;id easement.
City of Denton grants to Lone Star Gas Company the right of
ingress and egress over its adjacent lands to or from said
easement. For the purpose of constructing, reconstructing,
inatalliL:j, removing, repairing, inspecting, operating and
perpetually maintaining an underground gas distribution facilities
and necessary fixtures and appurtenances thereto, in, along, upon
and across said premises, with the right to place markers and other
devices to support or mark said construction when necessary.
City of Denton reserves the right to require Lone Star Gas
Company to relocate such natural gas distribution facilities on
such easement to other premises in order for the City of Denton to
conform the easement area to any future highway or runway
relocation, widening or improvement.
TO HAVE AND TO HOLD the above described easement and rights unto
the said Lone Star Gas Company, its successors and assigns, until
said line shall be abandoned by Lone Etar Gas Company.
Witness my hand, this the day of _ 1996.
City of Denton, Texas
Teodoro Benavides, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS I
COUNTY OF DENTON 9
This instrument was acknowledged before me on 1996
by Teodoro Benavides, City Manager, City of Denton.
Notary Public, in and for the State of Texas
My Commission Expires
f
Agahd~ Nd. d y
Agenda item
Oate - -
DATE: June 26, 1996
CITY COUNCIL AGENDA ITEM
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE PURCHASE OF
12 ACRES OF PROPERTY EAST OF EDWARDS ROAD.
RECOMM NDATION•
The Planning and Zoning Commission recommends approval.
SUMMARY/BACKGROUND
This property is currently owaed by Mr. Jim Brockie and consists of 60.383 acres.
A total of 12 acres is proposed for purchase, and approximately 1.8 acres located at
the northwest corner of the parcel which is needed for a surface water drainage
detention pond for the landfill expansion. The remaining 10.2 acres across the north end of
the 60.383 acre tract would be used as a buffer area. The total purchase price for this
property is $100,000.
The City has been negotiating with Mr. Jim Brockie for well over a year. Mr.
Brockie is selling the entire 60.383 acres to the RED, LLC group and this entity has
agreed to sell the 12 acres to the City.
FISCAL IMPACT:
i
$100,000.
Respectfully submitted,
Ted Benavides
City Manager
Prepared by: Approved by:
S. Watkins
rint~,~{ Solid Waste R.E. Nelson
tSnt r~ Executive Director of Utilities
1
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C11 Y OF DENION LM
PLAN
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JU': 26 '96 14:50 555 P02
F! \MPMWOMAMOM" ow
Agenda No`"
Agenda Item
Dale f _
ORDINANCE: NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND RED DEVELOPMENT,
LLC FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL EXPANSIONI
AUTHORIZING THE EXPENDITURE OF PUNDS, AND PROVIDING FOR AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the attached agreement between the
City of Denton and RED Development, LLC for the purchase of real
property for landfill expansion and authorizes the City Manager to
execute the agreement on behalf of the City.
SECTION II. That it authorizes the expenditure of funds in
accordance with the terms of the agreement.
,ECTIOtj III. That this ordinance shall become effective
immediately upon its passage and approval.
PA.°_SED AND APPROVED this the day of
1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER HALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By.
Y
F
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L
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Ll It Plan Joe TaI I a 1 274 771. 15fP
BONN=
Agenda No.11-
Agenda Item
Dale 11 ~i
1 'i .
ZEAL SITATI COD MCT
ATATE OF TLXAS
COUNTY OF OENTON
l,,C TNM
(ifrelnal CMn5RAterCT OP aAL6reterradI1tomadeas' byfeller and betweenand
) RCITYiD Devel1RODopEl1nt,
'me!'Q)f,
TUU, a hose rule suaicipality, of Denton, Denton County, Sexes,
(hereinafter referred to an •?urchaeer"), upon the terms and
conditions set forth herein,
PMCHASE AM BALE
Bali Boller Jahereby meo sells and
•rockie, agreas
dated to 0710 1996, its contract of
property described herein is conveyed to feller from erockie and
places title in faller of the proopperty described in Exhibit A to
this contract with rights and priviiegra sufficient to meet the
representations, requirements and warranties required of feller
herein) and Purchaser hereby purchases and agrees to pay for, the
tract of land in Denton, Denton County, Texas, being more
particularly described In Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertainsnn?~ to the prop-
erty, including any right, title and interest of feller in and to
adjacent streets, alloys or rights-ef•wey (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to u
the "Propartyl), together with an i
per-
sonal property sic ated on and attachede to the iioperty, and he
ooneidorstion and upon and subject to the terms, provisional and
conditions hereinafter set forth,
PURO"I PRICE
I AM= of PuKch amo Pries, he purchase price for the
Property shall be the sum of '100,000.00 0! whlch p1, 000.00 shall
be deposited as escrow with Sankt and Widmer as partial payment,
2. Pivne*i of Ai+•~h.s. ni The full amount of the Purchase
Pries sha12 be payable in cam ae the elating.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans.
actions contemplated hereby are aubfec- to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1• ~tWithin twenty (20) days after
the date hereof, feller, at Seliir's solo cost and expense, shell
have caused the Title Company (hereinafter defined) to issue a pre-
liminary title report (the 'Title Report*) accompanied by copies of
all recorded dooumente relating to easements, s ghts•of-way, etc.,
4
a
1 F
Life-Plan JodY Tallal
72!•9597
.t y NI 26y'96 14:37
i .laf~i I.A ' S
=Ma No
• }[C~QJ~~.,' Ape~GattBni,ti
Date , ~
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event pur-
chaser ■tatee the condition is not satisfactory, Seller may, at
S
una
eller's option, promptly undertake to eliminate or modify all matter tnn eha evenlt 8 llersto the reasonable
do so within ton (10) days after
receipt of writ en notice, Purchaser may terminate this AAqfirree
by vritten notice to Seller, and this Agreaunt shall thereupon
terminate for all purEcase and the soerow De
forthwith returned by the Title Compan to t,ser$ shall otherwise,
this condition shall be deemed to ceptablioWA a+ echo
thereto shall be deemed to have been waived for all r objection
purposes.
r• MunLy1L• Purchaser may, at Purchaser's sole coat and
deulynlicenied Taxeslandtsurveyor Propertyo
Purchaser, by a
survey
The
Of all shall be staked on the ground, and shall Show the location
improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courser, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and ahall contain the
surveyor's certification that there are no encroachments on the
property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description thereof.
Purchaser shall dolivcr a copy of the survey to Seller.
Purchaser will have ten (i) days after receipt of the survey to
review and approve the survey. FA the event the y
unsocoptable, then Purchaser shall within the ten (B) d p p= 040
give Seller written notice of this fact. Seller may, at seller's
option, promptly undertake to eliminate or modify the unacceptable
I 7rtlons of the survey to the reasonable satisfaction of Purchaser,
n the event Seller is unable to do so within tan is
rsai t of written notice, Purchaser may terminate this Aye alter
and t a agreement shall thereupon be null and void for all~~nts
and the escrow Deposit shall be returned by the Title puspose
Purchaser. Purchaser's failure to give Seller this written nonce
shall be deemed to be Purchaser's acceptai;~e of the survey,
u:1..S4mD1,{GO!• Seller shall have
served, a aoommpplisa w th all of tba covenantal agretemen st , and
conditions reQL,ired by this Agreement to be perfosm►ad, observedo
and complied with by Seller prior to or as of the closing.
RSPUS MTATIOpt AND WARXWTXU OF SWAM
To the beat of Seller's knowledge, Seller hereby represents and
warrants to Purchaser as follows, which representations and
warranties shall be doomed made by Seller to Purchaser also as of
the closing dates
PAO& 2
8
Life Plan Jody TaIIa1 121A1 726-9697
JEJN 26 '96 14x37 • ~ ~ MARIlda No.
Agenda Item
Date -n - Cn
Thera
lesosso, oteparties nants at in suefferance7, or tresp seera,o! the
property
2. txcept for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof nor to the best
knowledge and belief of 8e13er is any such proceedi ng or assessment
contemplated by any governmental authority,
3. seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
property, or any part thereof.
4. To the beat of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property, Such
toxic or hazardous wastes or materials include, but are not limited
to, hszardous materials or wastes as same are defined by the
Resource Conservation and Recovery Act MAR) , as amended, and the
Comprehensive Snvironmental Response Compsneation and Usbility Act
(CnCLA), as amended. Za the event any such toxly or hasardous
wastes or materials are found upoa the Property and reasonable
iiwestigation by seller would leave discovered such toxic or
hazardous caste, and the same is not a result of migration thereof
from Purchaser's adjoining property, the seller shall be
rVoponsibie for the expense of removal of these wastes or materials
upon receipt of written notice of the presence or tkeee wastes or
materials.
CLQSINO
Tae ttlosing shall 4e held at the office of
aarfea ■nd wri
$13 W. 06'f, on or- before 1991, or at such
title company, til!!e, date, and place as teller and Purchaser may
mutually agree upon (whieh date is herein referred to me the
"closing date").
CUOSIX0 REQUIREMENTS
1, aeller'■ RevuirgZg& e• At the closing SolIer shalli
A. Deliver to Purchaser a duly executed and acknowledged
0eneral Warranty Dead conveying good and marketable title
in fee simple to all of the Propert , tree and clear of any
and all liens, encumbrances, conditions, easement., assess-
ments, and restrictions, except for the folloringf
1. 0eneral real estate taxes for the year
of alesing and subsequent years not yet
due and payablef
1. Any exceptions approved by purchaser
PA0! ~
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Y
Life-Plan Jody Tallal
t1~ 726.9591
AN 26 1% 1438 SEES
WPM
Agenda Nd. "
Agenda item
pursuant to Date
purphijagrim
941 and W 19AUQU here-
3 . Any axceptions approved by purchaser
in writing.
8. Deliver to Purchaser a Texas O+m•r's Title policy at
seller's sole expeaas, issued by
(the aritle Companye), or much title comp
Purchaser may Mutually any as mallow and
rrsarls laver in
the lull amount of thepuurchhease price, lungui
!me simple title to the Property nq Purchaser s
title exemptions listed in rzn,fr,es`; is ct Only to th"M
Ouch other exeeptioam as mey be apprCwd in Writing narear,
purchaser, and the standard printed exemptions Contained in
thorev =ual loran of Texas ow"woo Title policy► provided,
1. The boundary and survey exceptions
shall be deleted if required by purchaser
and it se required, thin Costs associated
with same shall be borne by associated and
3• The exception as to restrictive cove-
nants Shall be endorsed (None of Record,
exomipt for uay apprr ved as listed in
claming 110aufrA
3• The exception for tame shall be
limited to the year of closing and shall
be endorsed allot Yet Out and Payablmai and
4. The exception as to liens encumbering
the property shall be andcreed "Hone of
Record." o
C. Deliver to Purchaser possession of the property on the
day of closing.
9. & Purchaser shall pay the full ,
cash purchase price at Closing n immediately available funds less
amount esosanad ie partial paywnt.
3. cio■ Q eh■*., geller shall pay all taxed aeseeeed by any
tax jurisdiction through the data Of closing.
All other costs and expenees of Closing in consummating the
sale and purchase Of the Property not specifically allocated heroin
shall be equally shared by purchaser and Seller.
PAC! 4
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L i l e P I a7n~ ~G ?b e[ 7e JodI T a I I a 1 Cep $3 p{~f[ 21 t t 726. 959 7
AN '96 a4;39 Agenda No. LLa_~_
Agenda Item C
Date q6
ANAL ESTATE COMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the Bola responsibility of Seller, and
Seller agrees to indemnipy and hold harmleme purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the salt
of the Property except purchaser's default, purchaser may either
dnforce. specific performance of this Agrammont or terminate this
Agreement and Geller shall return partial payment,
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser'a obligations set
forth in PURCUSER'S OBLIGATIONS having been watisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
i. Assianment of kwasma e. This Agreement may not be
assigned by Purchaser without the express written o-insent of
Seller.
7. Survival of covenants. Any of the representations, war-
ranties, covenants, and agrsaments of the parties, as well as
any rights sad benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. ACS. An notice required or permitted to be delivered
hereunder shall be deemed received when sent by Unitad States mail,
postage prepaid, certified mail, return receipt requested, addree-
sod to Seller or Purchaser, as the care may be, at the address met
forth beneath the signature of the party.
e, XgYae Law to Amly, This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
Denton County, Texas.
S. ~d• This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, muteasaors and
assigns where permitted by this Agreement.
PAGE 4
i
a_IIt PI an Jody T a I I a 1 (214) 726.9597
RH 26 '96 14:79 5g3
Agenda No.
Agenda Item
Date
6. Lapse, ne On. In case any one or more of the pro-
visions contaid in the Agreement shall for any reason be held to
be invalid, Illegal, or unenforceable in any respect, said in-
validity, illegality, or uneaforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
7. zjpv &A-g-10 . This Agreement constitutes
the sole and only agreement o the portico and supersedes any prior
' understandings or written or oral agreements between the parties
respecting the within subject matter.
s. Tiros of sasenes. Time is of the essence in this Rgreament.
9. glad". words of any gender used in this agreement shall
be held and construed to include any other Vendor, and words in the
singular number shall be held to include the plural, and vice
verea, unless the context requires otherwise.
10. Mwmeravd+m of Crlstrer , Upon request of either ratty,
bosh artiee shall promptly execute a memorandum of thli Agreement
suitable for filing of record.
ii. SaR11am. In accordance with the requirements of the
Texas Real Estate License Act, purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
purchaser should have the abstract covering the property examined
by an attorney of purchaser's own selection.
12. Time emit. In the event a fully executed oopy of this
Agreement has not been returned to seller within thirty (30) days
after Seller executes this Agreement and delivers save to
purchaser, Boiler shall have the right to terminate thin Agreement
upon written notice to purchaser.
DATeD this .26 day of , 1996, j
S1;LM PCRL14ASER
RY~D DRV8L0 , TXN CITY OF Dowme TW"
yo gyp
Ted 8enav s
City manager
215 S. McKinney
Denton, Texas 76201
PACE 6
Agenda Nb.
AQenda Ham,
Date
CITY COUNCIL REPORT FORMAT
DATE: June 12, 1996
TO: Ted Benavides, City Manager
FRO14: Jerry Clark, Director of Engineering and Transportation
SUBJECT: Engineering Services Contract -Pecan Creek Drainage Study and the
South Lakes Retention/Detention Pond Design
RECOMMENDATION:
Approve the ordinance approving the Engineering Services Contract for Pecan Creek
and for the South Lakes Pond Design.
5_t& 1ARY/BACKGROUND
The Pecan Creek Study will determine infrastructure solutions to flooding and
floodplain issues in the downtown area. The South Lakes Pond Design will provide
plans and specification for the second pond in South Lakes Park after analyzing
the capacity for the first one that was roughed in by the Teasley Lane
contractor.
PROGRAMS DEPARTMENTc OR GROUPS AFFECTED
Citizens and Businesses in the central part of Denton near Downtown that are
affected by floodplain and floodway issues, Engineering and Transportation Dept,
Economic Development, Citizen who use South Lakes Park, and the Parks Department.
The CIP provides complete funding for both projects.
FISCAL IMPACT
The cost of the Pecan Creek Study is $60,000 and the cost of the South Lakes Pond
Design is $28,000. We feel the coneu2tant selected has prior knowledge of both
projects that will make their studies more effective and coat efficient.
RESPECTFULLY SUBMITTED:
e Benav es
city manager
Prepared/Approved by:
Jerry C ar P.E.
Director of Engineering & Transportation
AEE00767
n
E;\w?DOGS\OAD\TEAGVE.0
Agenda No.
Agenda Item
Date
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING
SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND T:-;AGUE, HALL, AND
PERKINS, INC. FOR PECAN CREEK DRAINAGE STUDY AND SOUTH LAKES PARK
DETENTION/RECREATION POND; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I, That the City Manager is hereby authorized to
execute an Engineering Services Contract between the City of Denton
and Teague, Nall, and Perkins, Inc. for Pecan Creek drainage study
and South Lakes Park detention/recreation pond, a copy of which is
attached hereto and incorporated by reference herein.
SECTION II. That the expenditure of funds as required in the
attached agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: O
III
i
_:iwS1
Agenda ND.
STATE OF TEXAS Ape
oat
COUNTY OF DENTON X
ENGINEERING SERVICES CONTRACT ,
for
PECAN CREEK DRAINAGE STUDY
and
SOUTH LAKES PARK DETENTION/RETENTION POND
THIS CONTRACT, by and between the CITY OF DENTON, a municipal corporation located
In Denton County, Texas, hereinafter called 'City,' and Teague Nall and Perkins, Inc., a
corporation authorized to do business in the State of Texas, hereinafter called 'Engineer,' acting
herein by and through its duly authorized representative, evidences the following:
WHEREAS, City "m the professional engineering services of Engineer, for preparation or.
(1) a drainage study for Pecan Creek from Woodrow Lane upstream beyond University Drive
through the fairgrounds, and (2) design, cortstntclion plans, contract documents, specifiatiom,
and construction administration for the South Ickes Park Detention/Retention Pond, sold study
area and drainage structure being in the City of Denton and County of Denton, Texas, hereinafter
called 'Project'; and
WHEREAS, Engineer represents that it is qualified and capable of performing the professional
engineering services proposed herein for this Project and is willing to enter Into this Contract with
City to perform said services;
NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein
agree as follows:
1. EMPLOYMENT OF THE ENGINEER
Engineer agrees to perform professional services ah an independent contractor In
connection with the Project as set forth in the following sections of this Contract
with diligence and in accordance with usual professional standards customarily
obtained for such services in the Sate of Texas. The City agrees to pay, and
Engineer agrees to accept fees as set forth in the following sections as fbll and final
compensation for all services provided under this Contract.
2. CONTRACT ADMMMMATI
This Contract shall be administered on behalf of the City by the City Engineer or
his designated representatives (hereinaPer called 'City Engineer'), and on behalf
of the Engineer by its duly authorized officials.
3, ENGINEER'S SERVI
The Engineer agrees to render services necessary for the development and
completion of the Project as outlined herein. The professional services to be
performed by Engineer under this Contract for the Pecan Creek Drainage Study
include, without limitation, the following:
• Engineer shall attend a preliminary planning conference with authorized
representatives of the City regarding the Project in order to establish the
goals and final objectives sought by the City in the preparation of the final
report for the drainage study.
• Engineer shall then gather all technical data required for the Project. Data
will Include but not be limited to all City studies regarding drainage in the
City, land use maps, topographic maps (2' contours), construction plans,
reports on Pecan Creek, effective floodplain studies used to prepare the
_1.
f
Agenda No.CK
Flood Insurance Rate Maps (FMW hydrology andApWMA"111.1111
other FIS studies of hydraulics and hydrology relatedtpecaa Creek. ,*T
a
• Engineer shall conduct necessary field surveys of existing channel and
related improvements along the project limits to verify cross-sections
available from existing studiedreports.
a Engineer shall &,=Inc ultimate hydrology for the watershed and prepare
corresponding computer models.
a Engineer shall calculate the hydraulics for the entire reach (limits of the
Project) or the Pecan Creek channel ind related tributaries.
• Engineer shall, with the use of hydraulic models, analyze and prepare a
preliminary design solution for channel and culvert Improvematts based 00
ultimate hydrology along the Pecan Creek channel.
o Engineer shall then meet again with City self to review preliminary
findings and recommendations.
• Engineer shall incorporate City comments into preliminary findings and
then prepare final hydrology and hydraulics.
• Engineer shall prepare exhibits for final channel and culvert option(s) both
on paper (mylar) and in digital format.
• Engineer shall prepare an opinion of probable coat for the proposed channel
and culvert design solution(s).
• Engineer shall attend final review session with City regarding completed
report/plan.
• Engineer shall prepare fifteen (IS) copies of final report/plan, maps, and
exhibits.
• Engineer, only if requested by City, will attend meetings as necessary to
present report/plan 5ndings to City Council and/or citizen groups.
'Rte professional servica to be performed by Engineer under this Contract for the
design of the South Lakes Park Detention/Retention Pond Include, without
limitation, the following:
• Conduct an initial meeting with the City staff to confirm the Scope of
Services. 'Rte meeting will address the City's desired ob*tiives for this
project. In addition, design criteria, long term plans for further drainage
improvements in the park, construction budget, and any other criteria that
the city deems important, will be addressed. .
• Coordinate with the City to obtain a topographic survey. In digital format,
which includes the following:
a, Hobson Lane Bridge (outfall for the park drainage)
b. "As-Built" Information for the existing take.
C. Topography of the proposed lake site.
• Develop the hydrology of the detention facilities and design the facilit.? per
the guidelines established In the pre-design meeting with the City stIf.
• Design the lake outlet structure including enbankment.
• Prepare construction plans and Wifications for the lake grading, lake
outlet Eiructure, and other sections and details as necessary to produce a
complete set of plans.
2.
i! ar~
F
a Provide an opinion of probable cost to the City for the projectAaEnda No, / 6
Agenda Ilern
a Conductdesignreview meetings with the City to obtain approval of rhlapo_
.
• Engineer shall provide coordination with State agencies,
4. PAYMENT- FOR 4~
A. Payment for services under Article 3 will be made on the basis of the Jump
sum amount of $ 88,000; 60,000 for the Pecan Credo Drainage Study
and $ 28,000 for the South Lakes Park DetettlowRetenthom Pond)
B. No separate payments will be allowed for such items as expenses for
supplies, transportation, equipment, local travel, communication,
subsistence, and subcontractor cost, and other similar incidentals, and all
such expenses shall be included in the lump sum amount.
C. Should any travel outside of the Dallas-Fort Worth-Dentort Metropolitan
Area be required, separate psymeni for travel expenses will be permitted,
but only at the direction of the City Engineer and on,y upon submission of
Itemized billings showing the amount of such travel expenses.
D. Engineer shall submit Itemized monthly statements for services rendered.
Each statement will retied an estimated percentage of the total contract
services provided during that month less any previous payments by the
City. However, under no circumstances shall any monthly statement for
services exceed the value of work performed at the time a statement is
rendered. The City may withhold the final five (396) percert of tyre contract
amount until completion of the Project. City shall rake payments In the
amount shown by the Engineer's monthly statements and other
documentation submitted. No Interest shall be due on fate payments.
E. Nothing contained in this article shall require City to pay for any work
which is unsatisfactory as reasonably determined by the City Engineer or
which is not submitted in compliance with the terms of this Contract. City
shall not be requited to make any payments to the Engineer when the
Engineer is In default under Ihts Contract; nor shall this paragraph
constitute a waiver of any right, at law or in equity, which City ray have
if the Engineer Is In default, including the right to bring legal action for
damages or for specific performance of this Contrad.
Engineer shall not be authorized to undertake any work pursuant to this
Agreement which would require additional payments by the Owner for any
charge, expense or reimbursement above the maximum fee as stated without
written aulborizetion from the Owner,
5. OWNERSHIP OF DOCUMENTS
All Information and other data given to, prepared, or assembled by Engineer under
this Contract, and other related items shall become the sole property of City and
shall be delivered to City, without restriction on future use. Engineer may make
copies of any and all documents and items for its files. A set of mylar
reproducibles of all Project exhibits shall be filed with City prior to final payment,
Engineer shall have no liability for changes made to or use of the exhibits, cost
estimates, hydrologle/hydraulic data, and other documents contained in the Project
submittal by anyone subsequent to completion of the Project.
City shall require that any such change or other use shall be sealed by the Engineer
making that change or use and shall be approximately marked to reflect what was
changed or modified.
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Agenda No.
6. SERVICES BY CITY Agenda Item
Date
City shall provide the following services under this Contract:
A. Provide available drainage criteria, existing repoiWitudiea, and all other
Project-related information to the Engineer as City's requirements for the
Project.
0. Provide detailed 2-foot contour topographic maps for the entire Project
watershed. Maps shall be provided in digital format as well u blue line,
black line, or mylar hard copy.
C. Ptvvide all available City construction drawings, maps, reports, and notes
related to drainage facilities within the Project area.
D. Provide a topographic survey of the South lakes Park am In ditgital
format. This survey shall include the Hobson Lax Bridge, "as-built"
topography related to the existing take, and topography of the proposed lake
site.
7. COMPj,E11ON SCHEDULE
1'he services furnished by the Engineer under this Contract will be completed in
accordance with the following:
For the purposes of this Coturact, a month Is defined as thirty (30) calendar
days, and a week Is defined as seven (7) calendar days, if the Project
submission date falls on a City non-working day, then the submission shall
be due the following City working day.
The study and design phase portion of the Contract shall be completed
within ISO calendar days from 'Notice to Proceed.' This Contract may
be terminated sooner in axordsnce with the provisions described herein.
Time Is of the essence in this Agreement. The Engineer stall make all
reasonable efforts to complete the services ad forth herein as expeditiously
as possible and to meet the schedule established herein.
a. NOTICE M PROCEED
City shall have complete control of the services to be rendered, and no payable
work shall be done under this Contract until the Engineer Is Instructed in writing
to proceed.
9. TERMINATION OF CONTRACT
City may indefinitely suspend further work hereunder or terminate this Contract,
or any phase of this Contract, upon thirty (30) days prior written notice to the
Engineer with the understanding that Immediately upon the receipt of such notice
all work and labor being performed under this Contract shall cease immediately.
Before the end of the thirty (30) day period, E,igIneer 511211 Invoice the City for all
work satisfactorily accomplished by him prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All data, exhibits, estimates,
field surveys, and other data related to the Project shall become the property of
city upon termination of the Contract and Shall be promptly delivered to City in a
reasonably organized form without restriction on future use except as stated In
Article S. Should City subsequently contract with a new consultant for
continuation of services on the Project. Engineer shall cooperate in providing
Information previously generated by Engineer.
-4.
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Agenda No. _
Agenda item
to. B Dalein - -
Approval by City shall not comiNte nor be deemed a release of the responsibility
and liability of the Engineer, its employees, associate", agents, and subconsultantr
for the accuracy and competency of their preliminary designs or other work; nor
shall approval be (fee med to be an assumption of such responsibility by City fo:
any defect in the preliminary design or other work prepared by the Engineer, its
employees, associates, agents, and rubconsulunts.
1!. EOUAL.EMPS NTOM Ten.
A. The Engineer shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, ancestry, national
origin, or place of birth. The Engineer shall take affirmative action to
Insure that applicants are employed and that employees an treated during
their employment without regard to their race, age, color, religion, sex,
ancestry, national origin, or place of birth.
B. if the Engineer fails to comply with the Federal laws relating to Eval
Employment Opportunity, it is agreed that the City at its option may do
either or both of the following:
1) Cancel, terminate, or suspend the CcnMcl in whole or In part;
2) Declare the Engineer ineligible for further City contracts undI he is
determined to be in compliance.
12. AMINMZM
This Contract may be amended or supplemented in any particular manner only In
written Imimmeni and only as approved by resolution of City Council or the City
Engineer except for termination under Section 9, Termination of ontnrr which
may be accomplished by the City Engineer or his designated representative as
Identified In Section 9, Term lrAjpg_p(QmLW,
13. COMPLIANC_Ii. LyI' LAWS CHARTERS, AND ORMNANCKS, ETC,
The Engineer shall prepare the Projed plan in compliance with the Charter and {
Ordinances of the City, and with applicable laws, rules and regulations
promulgated by local, state, and national boards, bureaus, and agencies existing
and published before date of this agreement.
14. RIGHT aF REVIEW
Engineer agrees that City may review any and all of the work performed by
Engineer under this Contract. City Is hereby granted the right to audit, at City's
election, all of the consultant's records and billings related to the performance of
this Contract. Engineer agrees to retain such records for a mininum of three (3)
years following completion of this Contract.
l5. CONnICTQF iMR~
No officer or employee shall have any financial Interest, direct or indirect, in any
contract with the City or be financially Interested, directly or Indirectly, In the sale
to the City of any land, materials, supplies, or services, except on behalf of the
city as an officer or employee. Any willful violation of this section shall constitute
malfeasant in office, and any officer or employee guilty thereof shall thereby
forfeit his office or position with the City. Any violation of this section with
knowledge, expressed or Implied, of the person or corporation contracting with the
City shall render the Contract involved voidable by the City Engineer or the City
Council.
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A..jci10a NO,1.i.Q_
16. Agenda Item !DQ
0 le
This Contract Is for penanl and proft~ssiomal services; and the Engineer shall not
assign this Contract, in whole or In part, without the prior
City. written consent of the
.
17. NOMM
All notices, COMm tnkstions, and reports required or permitted under this Contract
shall be personally delivered or mailed to the respective parties by depositing the
same in the United Sala Mail at the address shown below unless and until either
party Is otherwise ratified In writing by the other party at the following addresses.
Mailed notices shall be deemed communicated after five days.
If intended for Denton, to: If Intended for Engineer, to:
!may Claris. P. F L Richard A..s M D F
Contact Person Contact Person
City Enalneer
t
Title Title
Ti
le
City of Denton Teague Nall and Perkins, Inc.
221 N. Elm 2001 W. Irving Blvd.
Denton, Texas 76201 Irving, Texas 75MI
(817) 566-8358 (214) 251.1627 (Metro)
18. DMEMMENECOMMACM
In performing services under this Contract, Engineer is pet lorntIng services of the
type performed prior to this Contract; and Engineer by the execution of this
Contract does not change the Indepmden status of the Engineer, who shall remain
an independent contractor not working under the direct supervision and control of
the City. No term, or provlslon hereof, or act of Engineer in the performance of
this Contact shall be construed as making Engineer the agent, servant, or
employee of the City of Denton.
19. lNj~) y
i {
Engineer agrees to defend, Indemnify, and hold City and Its officers, agents, and
employees whole and harmless from liabilities against any and all claims for
damages, twits, and expenses of persona or property Including bodily Injury and
death and court costs and attorney's fees incurred by the City that may aria out of,
or be occasioned by, or from any negligent act, error or omission in the execution,
operation. or performance of this Contract, without regard to whether such parsons
are under the direction of City agents or employees.
20. mS~~E
A. During the performance of services under shin Agreement, Engineer agrees
to maintain workmen's compensation insurance in accordance with statutory
requirements to cover all of its own personnel engaged In performing
services for client under this Agreement. Engineer also agrees to maintain i
professional and public liability insurance covering claims against Engineer
for damages resulting from bodily Injury, death or property damage from
accidents arising in the course of services performed under this agreement
with limits of not less than $1,000.000 annual aggregate for public liability
insurance and $500,000 per occurrence for professional liability insurance.
.6-
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Agenda Ne, -
Agenda Item
B. All such insurance shalt be maintained with an insurenrce coBft- r 0 " ~n
to do business In the State of Texas that is rated at least A- by BEST. The
Engineer shall famish insurance certificates to evidence such coverages.
The Insurance shall name the City as an additional insured on all such
policies and shall contain a provision that such insurance shall not be
canceled or modified without 30 days prior written notice to Co.
21. YES
The obligations of the parties to this Contract am performable in Demon County,
Texas; and If legal action is necessary to enforce It, exclusive venue shall tie in
Denton County, Texas.
22. .O .RNN . LAWS
This Contract shall be governed by and construed in accordance with the laws and
decisions of the State of Texas.
23. LEGAL CONSTRUMON
in case any one or more of the provisions contained in this Contract shall for any
rayon be held to be invalid, illegal, or unenforceable In any respect, such
invalidity, illegality, or unenfmceabiiity shall not affect any other provisiota
thereof; and this contract shall be considered as if such invalid, Illegal or
unenforceable provision had never been contained In this Contract.
24.
Engineer agrees that the City shall review and approve any written material about
City plans, projects, and/or activities prior to being published by the Engineer.
23. CAMONS
The captions to the various clauses of this Contract are for Informatiaul purposes
only and shall not after any substance of the terns and conditions of this Contract.
26. SUCCENSORS AND ASSIGN
This Contract shall be bloding upon and insure to the benefit of the perdu hereto
and their respective heirs, executors, administrators, successors and, except as
otherwise provided In this Contract, their assigm.
27. ENMX AGREEMENT
This Contract (page I thru 8) embodies the complete sgtmrent of the parties
hereto, superseding all oral or written previous and contemporary agreements
between the parties and relating to matters In this Contract, and except as otherwise
provided herein, cannot be modified without written agreement of the parties to be
attached to and nude a part of this Contract.
.7.
F ,
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Agenda No.
Agenda Item
IN WITNESS WHEREOF. the City of Denton, Texas, has caused this egeee9lilt to be executed
1 in triplicate originals by its duly authorized City Mroagef, and Engineer hu exeeute6 s
' Agreement through its duly authorized undersigned officer on this date, the _ day of _
{996.
TE ;f=aro *r LL AND PERKINS, INC;_ CITY OF DENTON
Firm Name
Si nee , re City Munger
PRINCIPAL
Title ATTEST:
200 W Trying Blvd
Address
Irvine, ] fen 13MI
City, State Zip Code
ATTEST 1 APPROVED AS TO LEGAL FORM:
Herbert L. Prouty, City Attorney
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PSY: }y42
[TYS.
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agenda No.
Agenda lte
S Data _ -
CITY of DENTON, TEXAS MUNICIPAL BUIL DING # 215 E. MCKINNEY @ DENTON, TEXAS 76201
(817) 566.8200 • DFW METRO 434-2629
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: June 25, 1996
SUBJECT: RESOLUTION TO APPROVE MARCUS CABLE TELEVISION RATES WITHIN THE
CITY OF DENTON
RECOMMENDATION.
Staff recommends approval of the resolution.
SUMMARY:
Marcus Cable filed the appropriate FCC forms (1240 and 1205) with the City on February 28, 1996, In
order to implement a rate increase on June 1, 1996. Denton joined with Fort Worth and other
North Texas cities served by Marcus to form a consortium and split the costs of hiring a consultant.
Mr. John Pestle, of Varnum, Riddering, Schmidt and Hamlett, served as our consultant. Mr. Pestle hired
Jay Smith, of Public Knowledge, to review the accounting methods used by Marcus on the FCC forms.
Mr. Smith found some accounting discrepancies on the 1205 form which covers the cost of remote q
controls, conveners, and the hourly service charge. Marcus agreed to implement lower rates than those
originally requested, and filed an amended form 1205 with the City to reflect those lower rates. Both
Mr. Pestle and Mr. Smith recommend that the City approve the rates which Marcus Implemented on
June I. No refunds to customers would be necessary if Council approves the attached resolution.
BACKGROUND:
The City Is certified by the FCC to regulate local cable television rates for the basic level of cable
service, associated equipment such as remote controls and converters, and the hourly service charge.
This rate increase which Is now before the Council covers the period June 1, 1996, to May 31, 1997.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City Council, Marcus Cable, City of Denton Cable Subscribers.
FISCAL IMPACT:
Consultant: Approximately $1,000,
"Dedicated to Quality Service"
i
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City Council Report Agends No9e,
Page 2 Agenda Item _
Date `
RESPECTFULLY SUBMrFTED:
Prepared by: fed Benavides
City Manager
C
Ricbard Foster
Public Information Officer
Approved:
A oseph gal
Assistant to the City Maaag
Attachment: Resolutlon Approving Rates
FCC Form 1240
FCC Form 1205 (amended)
AAA045"
~
:
E:\wDOCS\RES\CABIE.R
Agenda No. ' 00~
Agenda item_..,
Date_
RESOLUTION NO.
A RESOLUTION ESTABLISHING MAXIMUM RATES THAT MARCUS CABLE ASSOCI-
ATES, L.!,.P. MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR
THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A
MAXIMUM HOURLY SERVICE CHARGE; ORDERING REFUNDS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") is the Grantor of a
Franchise ordinance executed on or about November 15, 19880 by and
between the City and Sammons Communications, Inc. ("Sammons"),
which the City, by ordinance on September 19, 1995, approved the
transfer of the Franchise Ordinance along with attacned amendments
to Marcus Cable Associates, L.L.P. ("Marcus") ; and
WHEREAS, on May 17, 1994, the City Council passed Resolution
No. R94-019 authorizing the regulation of basic service tier rates
and related equipment, installation, and service charges of any
cable television system operating within the City in accordance
with applicable Federal Communications commission ("FCC") regula-
tions; and
WHEREAS, the City, pursuant to the Cable Consumer Protection
and Competition Act of 1992 (the "Cable Act") and the rules and
regulations adopted thereunder by the FCC and other applicable
laws, is certified as a franchising authority to regulate the rates
for the basic cable service, equipment, and installation rates; and
WHEREAS, in accordance with Section 8-136, "Rates", of the
Code of Ordinances of the City of Denton, Texas, Marcus filed a
petition with the City on or about February 28, 1996 along with FCC
Forms 1205 and 1240, in conformance with this section and all
applicable laws, requesting an increase in its basic cable service,
equipment and installation rates as above described, which the City
is certified to regulate; and
WHEREAS, the City retained a consultant to review the adjusted
rates proposed by Marcus in its FCC Forms 1205 and 1240 filings;
and
WHEREAS, pursuant to the consultant's review of Marcus's FCC
Form 1205 and 1240 filings, Marcus has filed a revised FCC Form
1205 lowering its equipment and installation rates; and
WHEREAS, the City held a public hearing in conformance with
Section 8-136 of the code of Ordinances of the City of Denton on
June 18, 1996, after all interested citizens had been properly
notified in accordance with the ?.aw, and all interested members of
the public had an opportunity to be heard; and
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Agenda No.
Agenda item 77
Date.
WHEREAS, as local regulator of rates for the basic service
tier the City may choose to make 9 rate ruling on the proposed
rates submitted by Marcus to be 0 rged to subscribers of the basic
service tier; and
WHEREAS, the consultant and City have reviewed and determined
that Marcus' adjusted rates reflected in its FCC Form 1240 and
revised FCC Form 1205 are justified under FCC rules and regulations
and the city Council desires to make a rate ruling adopting these
revised rates; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTIONS Findings:
(1) The City is the Grantor of a Franchise Ordinance executed
on or about November 15, 1988, by and between the City and Sammons.
(2) This Franchise Ordinance, as amended, was transferred to
Marcus, in accordance with the terms and conditions of that
ordinance on or about September 19, 1995.
i
(3) In accordance with the applicable provi.ions of the Cable
Act, the rules adopted by the FCC, chapter 8 of the Code of
Ordinances of the City of Denton, Resolution No. R94-019, and other
stepsapplicabl
toe relaws, gulates City bhas asic undertaken
seall rviceappropriate
and procedural related
equipment.
(4) In accordance with the applicable FCC regulations, on or
about January 7, 1994, the City filed FCC Form 328 - Certification
of Franchising Authority to Regulate Basic Cable Service Rates and
Initial Finding of Lack of Effective Competition - with the FCC.
(5) In accordance with applicable FCC regulations, on or
about May 17, 1994, the City passed and adopted a resolution
providing for the regulation of rates charged by cable television
operr~ors within the City for the basic service tier and related
equipment and installation charges.
(6) On or about February 28, 1996, Marcus submitted FCC Form
1205 and Form 1240 to the City.
(7) The City, along with a consortium of other cities,
engaged the service of Varnum, Riddering, Schmidt & Howlett and the
consulting firm cf Public Knowledge in order to provide assistance
to the City for the review of Marcus' FCC Form 1240 and 1205
Series.
(8) Pursuant to FCC regulations and applicable law, on or
about June 18, 1996, the city held a public hearing and gave the
public adequate opportunity to comment on the proposed rate
Page 2
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Agenda No. -
Agei4a Item
Date
request. Prior to the public hearing, the City regularly conducted
meetings which were open to the public, in accordance with the
Texas Open Meetings Act, chapter 551 of the Texas Government code,
and provided an opportunity for interested parties to present
information to the City during the meeting of June 18, 1996, or at
prior public meetings.
(9) On or before May 23, 1996, the City received a recommen-
dation from its consultants, Varnum, Riddering, Schmidt 6 Howlett
and Public Knowledge, with regard to the recommended rate increase.
(10) The City must act upon the pending rate request
consistent with current FCC rules and regulations and other
applicable laws.
SECTION II. Conclusions:
(1) That for the period beginning June 1, 1996 until May 31,
1997, Marcus' request for cable rate approval for the maximum
permitted rate for basic cable service (these numbers do include
the 58 franchise fee) of $10.26 per month, as reflected in Form
1240 filed with the City, which is attached hereto and made a part
of this resolution, is granted and approved.
(2) That for the period beginning June 1, 1996 until May 31,
1997, Marcus' request for cable rate approval for the maximum
permitted charge for installation and hourly service (these numbers
do include the 5t franchise fee) of $42.72, as reflected in Form
1205, which is attached hereto and made a part of this resolution,
is granted and approved.
(3) For the period beginning June 1, 1996 until May 31, 1997,
Marcus' request for the maximum fee for leased customer equipment
of: remote control - $0.13, non-addressable converter - $1.06, and
addressable converter - $2.55, as reflected in Form 1205, which is
attached hereto and made a part of this resolution, is granted and
approved.
SECTION III. Incorporation of Findings and Conclusions. That
the Findings and Conclusions set forth in Section I and II of this
resolution are found to be true and correct and are made a part of
this resolution for all purposes.
SECTION IV. Orders for Action. Based on the foregoing
Findings and Conclusions, the City Council hereby enters the fol-
lowing orders adopting the rates reflected in Forms 1240 and 1205:
(1) Pursuant to current FCC regulations and applicable law,
for the period commencing June 1, 1996 until May 31, 1997, or until
further order of the City, Marcus will be permitted to charge an
initial rate for the basic cable service of $10.26 per month (these
numbers do include the 5$ franchise fee).
Page 3
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Aganda No,
Agenda Item
Date -
(2) Pursuant to current FCC regulations and applicable law,
for the period commencing June 1, 1996 until May 31, 1997, or until
further order of the Citand y, Marcus will be permitted to charge the
following equipment installation rates (these numbers do
include the 5% franchise fee):
F211oment & Inahali ♦r
_ Maximum Perm itted Rate
Hourly Service Charge
$42.72
Eauinmen Kara s
Remote Control
Converter (Addressable) $0.13
Converter (Non-Addressable) $2.55
$1,06
Of this3)resolutionThat
ninety (90) days from the date
within the Cit t
amounts, if any, which Marcus received from such subscribers after
June 1, 2996, for equipment or service described herein and on this
revised Form 1205 at rates which are in excess of the rates set
forth of the revised Form. Such refunds may be a one time credit
on an access basis to all persons then takii,g basic service.
(4) This resolution shall not be reconsidered should any
further analysis pursuant to future FCC rules and regulations
result in or indicate higher rates to subscribers, unless such
future FCC rules and regulations mandate that the City order such
an upward adjustment.
(5) The City Manager and the City ,
designees, are hereby authorized and direc ed otoeytraker action their
necessary to enforce the orders contained in this resolution,
including, without limitation, to execute and file with the FCC
such certification form documents or other instruments or take any
other actions as are now or hereafter may be required by the FCC
forth
rate regulations or applicable laws to enforce the rate ruling set rate defendroceedi ghor litig,t onginvolving aal to this matter.
(6) That the City Secretary is hereby directed to semi a
certified copy of this resolution to Marcus.
sentea au That if any section, subsection
thereof to an ' phrase or word in this resolution, or application
of competent y person or circumstance is held invalid by any court
validity of the urisdiinion, such holding shall not affect the
Council of the City of Denton, Tex sf hereby declares,irn would have
enacted such remaining portions despite any such invalidity.
Page 4
Agenda No. 7(r '(C-Q
Agenda Ilem~
Date
SECTION Vi That the city Council has found and determined
that the meeting at which this resolution is considered is open to
the public and that notice thereof was given in accordance with the
provisions of the Texas Open Meetings Law, Tex. GovIt Code ch. 551,
as amended.
$F&TION VII That this resolution shall become effective
' immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 5
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Agenda No,, D ~
Ftders CommookatfomCoomiuior Agenda item.
w'uhtnglaa, DC 20531 r .lpproved by ONJF 3060-0685
Date
F11,1NO DATE FOA TMs FORM
FCC FORM 1340
UPDATLNG M,4XIbIUbI PERMITTED RATES FOR REGULATED CABLE SER%JCF.S
Cable Operator:
ame0 are tot
bfarcusCable Aswiat I.P.
At mg ass 0 e
2911 Turtle Creek Boulevard Solve 1300
icy
Ddtu tale
TX 75209
YES
].Dots this filing Involve & single rraochise authority lad a single community omit? t x NO
l x
If)'es, completer the franchise authority information below
end inter the atsociated CUID Dumber bare: TXOSao
YES NO
2, Does Ibis filing involve a single franchise authority but multiple community molts? f-
^7
L__ F x i
If yes, enter ft associated CUfD%below and complete the hochim authority information as the bottom of this page;
da
3. Does this filing Involve multiple franchise amthoritia?
If yes, nnach a smarate shat for each frmchise authocity, and include the f xowing 5attchise authority Information with
its associated CU1D(s):
Franchise Authority Informadou:
Name of Local Franchising Authority
Denton d shod 5bor CI of
m8 o umg u ty
21 S E. MrKio o
try
Deetoa
e mum TX 76201
e17•s6saxu `m
gax
l7-s66.g236
4, For what purpose b Ibis Form 1240 being Wed? Please pot as "X" to the appropriate b,ra. ~
L Original Form 1240 for Basic Tie
b. Amended form 1240 for Basic Tier X
c. Original Form 1240 for CPS Tie
it Amended Form 1240 for CPS Tin
5. Indicate the ooe year time period for which you are setting rates (the Projected Pe TO
"bdl %M lA7 (mmyy)
6. Indicate the time period for which yoo are performing a trump 70
7. Status of Previous Filial of FCC Form 1340 (toter as "a" In the appropriate boa) 07/OlJ9S 07J2t1A6 1 (mtnryy)
a Is this the fast FCC Foam 1240 fled to m YES NO
rh~dictiom? X
b. Has an FCC Form 1240 been filed previously with the FCC?
X
If yes, enter the date of the most recent filinr C= (mmldd/ry)
c. Has in FCC Faro 1240 been fled YES NO
perviously with the Franchising Authority? Jr- X
Ifyes, enter the dale of the most recent filing: E= (mm/dd/yy)
S. Status of Previous Filing of FCC Forte .210 (enter an "a" In the opprofriate b0z)
YES NO
a Has an FCC Form 1210 boa previously fled with the FCC?
X
If yes, enter the date of the most recent filing: (MmIddyy)
YES NO
Page I FCC Form 1240
Jsnoary 1996
i
Federal Communications Commiuloa
Washtaataa, DC 20554 Appemed by ONM 3060-0665
b. Ha an FCC Form 1210 ban preciously filed with the Franchising Authority? X
If yes, eota the date of the most recent filing: O4l2lNS (nTi/dd' y)
9. Status of FCC Form 1200 Flllog (toter an "a" In the appropriate box)
a Has an FCC Form 1200 been prcviously filed N7th the FCC? ITS No
X
If yes, enter the dale filed: C~ (uu Jdd YY)
b, Has an FCC Form 1200 been prey ously filed with the Franchising Authority) X 5f5 No 2 m
A
If yes, enter the date filed: OSfIU94 (mmIddlyy) a
10. Cable Programming Servkes Complatot Status (eater as '9" in the appropriate box) o
YES NO < O
a Is this form being filed in response to an FCC Form 329 complaint? X
If yes, enter the date of the complaint E~= (mrr✓dyyy)
I I. Selection of "Going Forward" Channel Addition Methodology (toter as "a" In the appropriate box)
aCheck here if you are using the original rules (MARKUP METHOD].
Check here if you arc using the new, ahernaute rules [CAPS METHOD].
If using the CAPS METHOD, have you elected to revise recovery fa YFS No
channels sddrd during the period May 1 S. 1994 to Dee 31, 19941 1 ' X i
12. Headeod Upgradt Methodology
eNOM. Operwors aswr cert6 to rAr Cononwion rhea, efrasday to w thu strj xk rnerAftWogy and arrach an equonew fat and deprec4rlon xAeaWo.
❑Cbeck here if you arc a qualifying small system using the streamlined headed upgrade methodology.
Part I: Preliminary Information
Module A: Maximum Permitted Rate From Previous Filing
lot [t..
peocrijimW a e 4 a
Bak Tier2 Tier3 Tier 4 Tier 5
At Current M"mum l}emiated Rose. withoi ftmhisc fm; 59.20
Module B: Subscribersbi
Use Dwdpdsax a Is a it e
sank Tkr2 Tier 3 Tkr4 Tier 5
I AmW Sul acnTw&p Fu True-Up Period 1 16,144
02 Average SuMmiberskip Fa Tna Jp Paled 2 0
B3 EidmasW Average SubscrUnito For ProjwW Period
11,161
Module C: Inflation Information
Use Dwertwom
r3Currm dIstion Factor For True-Up Period I (Wks 1)
ruatlpI.0 t91
FCC Inflation Factor
IA296
i
Pa6e 2 FCC Form 1240
January, 1996
F
Federal Communicatiom Comm[uio, Agenda NO
X
W1111 in gtas, DC 2DSM AgenA IDemby Dhffi 3060.0685
2w 1 9_.
Module D: Calculatin
g 1e,9
the Base Rate Dale l
1Lln Line Dead Nov Rule Tkr] Tier Tier l e
DI Curtem Headend Uppade Segmem Tier 3
$0 D000
D2 Current External Corr Sepnent $03736
D3 CurrcnI Cape Method Sepnem $D 00W
D4 Curran NMup Method Segment (0,0000
Df Current Channel Movemem,'Dektion Segment S0 0000
D6 Current True-Up Segment so.ww
D7 Current Inflation Sogmerd so o000
Df DAN Kate LAI-DI-D2-D3-D4-0S•D6-D7~ fRg2N
N
Part II: True-Up Period
Module E: Timin Information
Eve We)lead a
E i Now long is the True-Up Period} (-I- for -uu than Of equal 10)2 montlu' a first 6me Went. '2' for "Grater than 12 moadd) 1
if"1",.mover E2 sad t). If auwer E4 ever as
E2 Number orMonow in the True-Up Period
i
E3 Number olMonttu betwxn the Filing dale of this Form 1240 and the end of The Ott Projected Period
E4 Number of Moodu in the wow part of the Drtre-Up Period Ehpble for Iaterex 7
ES Number of hlondu in the second n'a
part of the True•Up PaW Inelipble for Inkrert n,a
Module F: Maximum Permitted Rpte For True-Up Period I
n Use D"cripol" il 1 e 6 e
task Ur 3
Tkr 3 Tier 4 Tier S
F I Caps me" Segment For True•Up Period l (W'ka 2J 50.0000
F2 Markup Method Segment Fa True-Up Period I (Wks 31 f0.0000
Clean Mvmnt Dektn Scpoent For TmaUp Period 1 [*V 4/51 t0.00o0
F4 True-Up period I Rate P1ipble Fa Inflarloo JD$+F1+F2.F3) $1.1264
FS rnnationSevneatfor True-Up Period I((F4'CI}F4J f0.042
F6 Hoadend Uppsde Segmem for Tnre•Up period I JWka 6)
External Costs Sepmot For True-Up Period I (wig 71 f0.3801
Fll True-Up Sepmm For Tara-Up Period I fo.0000
Will Perm Pak for Tr%*Up Period I EF4+FS•F6•F7+Ftl $9,3106
Module G: Maximum Permitted Rate For True-Up Period 2
IJTr dared e suit Tkr] Tier Tier4 Tier3
f Cap hkdrod Seprrmt Fa True.Up PM ad 2 (Wks 2J
2 Markup Method Setpoent Fa True-Up Period
3 2 [Wk, 31
Ch" Mvnuu D911111 Stpnem For Tme-Up Period 2 (Wkf 4 f1
1 TU Period glEho&o"oe"' Fa ktlltio,t (DI*Ff W I +G2+(
WlalronSofTrve•UpPeriad11(G4'C7}G41
lkadend UeFa True•Up Period 2 iWks 61
07 Falesral Com Segmem For True-Up Period 2 nW 7J
GI True-Up Segmem Far True-Up period 2
09 Mail Perm Role fa Tnk-Up Period 21641g5+Cb 7,Gg]
psge 3 FCC Form 1240
January 19%
a
F
Agenda( No.gu/
Aggda fie
Federal CEmmnaieslioar Commission PPeo
1Vuhiallon, DC 20354 Date_
Module H: True-U Adjustment Calculation
e
Is c
Line Line Daorilion Bask Tier 2 Tier] Tier 4 Tkr 5
Ad'nNnat For Tne-U Period I
HI Revenue From Period 1 $1,201,141.48
H2 Revenue From Max PcrmitW Rate for Penes l $1,226.537,51
H3 True-Up Period I Act ustmcnl[W-H 11 SIUS9.03
H4 Interest en Period I Adjustment SIX&17
Ad'usiment for Trot-Up Period 3
H5 Revenue From Period 2 Eli®ble for Interest
H6 Revenue From most Penn Rate for Period 2 Elipble For InweA
` H7 Period 2 Adjusmuent Eligible For Intense tH6-H51
H8 Interest an Period 1 Adjusrmem (See inswcdau Fm f0rmull)
149 Revenue From Period 2ImliDble For Interest
H10 Revenue From Mas Perm Rate for Period 2 Wtip'ble far Interest
HI I Period 2 Adjustment leeNribie For Interest 1H10-H91
otdime-V Adjustment
}12 Previositemdnin/True-UpAdjustoed
HI3 Total True-UPA4justmeotpD+H4+H7+H8+HI1+HI2) $19,615.21
HI4 Amount Of Truc-Up Being CWrnW Ibis Pmjft*W Pitt I' Mod 519,615,:1
H15 Remaining True-UP Adjusunem[HI3-H 141 $0.00
Part III: Projected Period
Module 1:: New Maximum Permitted Rate
a IF e e
Lin Dwriptiorm Ink Tier 2 Tkr 2 Tier 4 Tkr S
flat I I Cap hfethod Strom For Prajeeted Period pvks 21 50.0000
12 Markup Metbod 54, For Projected Period [Wks 31 $0,0000
13 Chat Mvmm Deletn Segment For ProjwW Period Miss 4/51 $0.0000
14 Prej.period Ross Qipble FaWUtiorsp645+05+11+12+131 59.0006
IS tnamioe Sepwas for Pm*lodd Period 10410}141 $02664
b Hemdeod Upgrade 3epoem Fa ProjaASd Period [Wks 61
7 Emrroat Cam serum For helloed Period [Wks 71 10.4029
I! Trw Lrp Segneee Fee Pm*w Pniod 50.0952
19 Mat Permimd Rate for Projaaed Period 04+11+16+17+181 59.7651
10 Oprabr Selected Rost For Projeered Period $9.77
Rate For Projected Period • with DWK&se Fea $1026
Nat: flu wasmmmm paartnsd fare frgvu do non rob Wo occmw any nfisdlwAddyyou mwy Am. lf)na Am prev/omfy been ordend by Me Ccaunlrflo» or)ov 1wW
frmrrAyla ardhorvy so awAe rorrim s, you an rid nllned of yov *NWion to male swA m9i di non Qehe penmined rw, n AiyArr than the co veiled rote or ww esrrsrv
fart.
Certidcedom Statement
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE THE 11, SECTION 1003), AND/OR FORFEFIURE (U.S. CODE, TrME 47, SECTION 503).
i. tM, form artfrum and ffffrect [MA,
grluure me
c~2
Sad odida Vlee Prnideat of R ula Com laace 123-Yeb-%
Name and Title orptrsom Cempletimg this Form: Amy M. Walker, Regulatory MAsoger
Telephow cumber 11Fu Number
214521-73% 214 521.2916
FCC Forth 1240
lonusry 19%
Page 4
Federal Communications Commission Approved f! N B 3060-06_ S -
Washington, lx 20554 Agenda No.
Agenda Hem Q
Worksheet 1- True-Up Period Inflation Date - _
For Instructions, see Appendix A of Irutructlom For FCC Form 1240
t Question I. How long is True-Up Period 1, In months!
Question 2. How long Is True•Up Period 2, In months! 0
Use Period FCC tanatsoa Factor
101 Month 1 196%
102 Month 2 2.96%
103 Month 3 2.96%
IN Month 4 2.96%
105 Month 5 2.96%
106 Month 6 2.96%
107 Month 7 2.96%
108 Month 8 2.96%
109 Month 9
110 Month 10
111 Month 11
112 Month 12
113 Aerate KW Factor for 1,~.n7
114 Month 13
Hs S Month 14
116 Month Is
117 Month 16
118 Month 17
119 Montt 18
120 Month 19
121 Month 20
IN Month 21
123 Month 22
124 March 23
125 Month 24
126 ~er~p ~t Factor for
FCC Form 1240
Page t January 1996
F
i
Federal Communications Commission
Washington, DC 20554
Approved BY OMB 3060-0685
Worksheet 3 - Markup Method AgIng^dadi Ite fil
True-Up Period Basic Tier Date ~
For inrtrucllOns, see Appendix A of Instructions For FCC Form 1240
True•Up
Question I. Indicate the period for which this worksheet is being used (Put in 'X' In the Period Pro', Meted Period
Question 2. Indicate the tier for which this worksheet is being used appropriate boa,) X
(Put an'X' In the appropriate box.)
Basic ier2 Ticr3
Trek 4 Tier S
X
Question 3. How long Is the fast period, In mun0s, for which rates arc being set with this worksheet?
Question 4. How long is the second period, in months, for which rates are being set with this worksheet?
0
1 2 3
4 S 6 7
Sum o[Prevlons Sam of Carnet
Line Period AeguJated Avenge Per Channel Chaueb
Cltaooe6 Aqulsel Channels Total CamulaHve
Chaole Adjustment Added Adjustment Adjustment
Sol Previous
Month
302 July 56 $0.00
03 August 56 S6 $6A $0.01 p
304 September J6 6.0 $0.01 00 f0.00
305 56 36 $6.0 0 50.00 50.00
306 0 30.01 0 50.00
November 56 56
56
307 56 56.0 0 50.00 50.00
December 56 50.01 0 50.00 f0.D0
305 January $6 56 36.0 50.01 p
56 56.0 50.00 50.00
309 February S6 $0.01 0 30.00 $0.00
310 Month 9
S6 $6.0 $0.01 0 50.00
$0.00
I I Month 10
312 Month l l
13 Month 12
314 Av Period i Method AQ'usrrneal
315 Month t3 30.0000
316 Month 14
317 Month IS
18 Month 16
319 Month 17
320 Month 13
321 Month 19
322 Month 20
323 Month 21
324 Month 22
325 Month 23
326 Month 24
327 Av a Period 2 C s Method Ad'ustrwt
it
Page I
FCC Form 1240
January 1996
7
c
>
WAshin
redcrid Communications Commission
Washington, DC 20554 ApenAgr~oed By
Agenda Item)
Worksheet 3 - Markup Method Date 4
Projected Period, Basic Tier
For Instructions, see Appendix A of Instructions For FCC Form 1240
Truc•Up
Question I. Indicate the period for which this worksheet is bein used. period Projected Period
g (Put a'n W " in the appropriate box.) X
Question 2. Indicalc the tier for which this worksheet is WAS used. (PLt an "X" in the appropriate box.)
Basic Tier 2 Tier 3 Tier 4 Tier S
X
Question 3. How long is the first period, in months, for which rules are being set with this worksheet? 12
Question 4. How long is the second period, in months, for which taus arc being set with this worksheet?
tVa
1 2 3 4 S 6 7
Sum of Previous Sum of CurrenI
Lfae Period Regulated Regulated Avenge Per Channel CiaoocL Total Cumuradve
Chanoela Chanel Channels Adjustment Added Adjatmeal Adjustment
I
101 Previous
Month
SD.00
302 June 56 56 $6.0 $001 0 $0.00 $0.00 56 $6.0 $0101 0 60,00 50,00
304 August 56 S6 3610 50.01 0 $0.00 80.00
3D3 July 56 $0.00 $0.00
305 September 56 56 3640 $0.01 0
06 October 56 56 56.0 S0.01 0 80.00 50.00
07 November 56 56 5610 SO.01 0 $0,00 $0,00
06 Dmmber 36 56 5611 50.01 0 50.00 50.00
309 January 56 56 56.0 $0.01 0 $0.00 $0.00
310 February 56 S6 36.0 $041 0 $0.00 $0,00
Ill. Much 56 56
312 April S6 56.0 $0.01 0 $0.00 50.00
56 56.0 50.01 0 50.00 SO.00 ,
23 May S6 S6 56.1 50.01 0 50.00 50.00
14 AverW Period I Mmtw Method Adjustment f0.0000
Page i FCC Form 1240
January 1996
Federal Commur0.:6cns Commission Approved By OMB 3060.0685
Washington, DC 20534
01
1
D_
TABLE A. Agenda No.
NON-EXTERNAL COST ADJUSTMENiTFOR Agenda Ijam
CFIANGES IN CHANNELS Date -
F rage -hanoets Adjustment
: To' pee channel
7 ;052
7.5 $0.45
I ;0.40
as W.36
9 V.33
.5 9.5 $3.29
10 10 ;027
10.5 10.5 $014
Il 11 $0.22
11.5 115 $010
12 12 ;0.19
115 12,5 ;0.17
13 13 $0.16
13.5 13.5 $0.15
14 14 S014
US 145 5013
IS 15.5 f0.12
16 16 ;Q.I l
16.5 17 SO.IQ
17.5 la $0.09
18.5 19 $0.0$
193 215 $0.07
23.5 $0.06
26 50.05
6.5 29.5 50,04
0 35.5 f0.03
6 ;0.02
.5 99 SOOT
i
FCC Form 1240
P&ge 2
2awary 1996
a
Federal Communications Commission
Washington, DC 20554 Approved By OMB 3060.0683
Agenda No.JL_2-an_
Worksheet 4 - Residual Agenda Item
True-Up Period Date
For instructions, see A), _ndix A of Instlidons For FCC Form 1240
Question 1. Indicate the period for which this worksheet is being used. (Put an "X" in the appropriate box) True-Up Pcriod Projected Per od
x
a b t d e
Line Line Dercriptlon Bask Tier 2 Tier 3 Tier 4 Tier S
Period Out
1401 Average Permitted Charge $9100
402 Average Exlcmal Costs S03g01
103 Avenge Total Per -harmel Adjustments alkr S/14/94
for Channcb Added Usin C Method
104 Average Tier Residual [401102403] SUM
413 Average ChmwIs per Regulated Tier 23.0000
406 Average Caps Method Channeb per Tier 6.0000
07 Average Remaining Channels [403406] i1A000
I Average Period I Per Channel Residua) [4041407] 303213
Pi, ad Two
09 AvmpPerm)ttedCharge
411) Avenge Extmol Costs
11 Avenge Total Per Channel Adjus6oeots alto 5l1 W,
forChanmbAdded Using Method
12 Average Tia Residual (409410.411)
13 Average Cluinneb per Regulated Tier
14 Average Cap Method CbmMis per Tio
415 Average Remaining Channels [413414]
416 Average Periol 2 Per Chanel Residual 141214151
Page I FCC Form 1240
January 1996
i!
t
z
Federal Communicatioas Commission Approved Py OMB 3060-0685
Washington, DC 20554
Agenda No. 96 -
1~n
Agenda Item SELL
Worksheet 4 - Residual pate
Projected Period
Question I. Indicate the period for which this worksheet is being used. (Put an'X' In the appropriate box.) True-Up Period Projected Period
X
1 a It t d e
Line Line Desert tioa Bask Tltr 2 Tier 3 Tier 4 Tier S
Period Out
01 Average PerminedCharge MOM
02 Average External Costs .40.4029
03 Average Total Per Channel Adjishntnts after 5/14T4 50 0000
for Chmnels Addeo Usitus Cups Method
04 Avenge Tier Residual (401-402-401) 58,7971
Of Average Channels per Regulated Tier 23.0000
06 Average Caps Method Charnels per Tier 6.0000
07 AverV Remaining C urmels (405-406) 17.0000
$08 Average PaW 1 Per Chmnd Residua! (404/407) 50305
P+ge 2 FCC Form 1240
January 1996
6
C
Federal CoMvnuniC46Dnf Commission
Washington, DC 20554 Approved 0).ON13 3060-06 8 5
Worksheet 5 - Channel Movement and DeletAQ41141 N0.1 -
True-Up Period, Basic Tier k~9aa It6rn
For instructionsset Dale
, Appendix A of 1nsWCtions for FCC Form 1240
Question I. Indicate the period for which this worksheet is being used (Put an "X" in the appropriate box )
True-Up Period Projected Period
a X
II Question 2. lndicale the tier for which this worksheet is being used. (Put on -X- in the Basic Tier 2 Tkr 3
priatebox.)
X Tier 4 Tier 5
Question 3. How long is the first period, in months for which rates are being set with this worksheet?
Question 4. Now long is the second period, in months, for whicb rates an being set with this worksheet? 00
1 2 3 4
Line Period Residual ofChsaoelaDeleted Residual of Chao pels Moved Net Per-Cha noel Cos I
From Tier (added) to Tier Adjustment lColumo 2 • Cumalative Net Per.
Column ll CbaoodCost Adlustmtat
501 Previow Period
502 July 0000 $0.0000
$0. $0.0000
$03 August 500000 50.0000 50.0000
504 September (0.0000 $0.0000 $0.000 50.0000
504 October $0.0000 $0.0000 50.0000
(0.0000 50.0000 $0.0000 50.0000
506 Novemba s00000 $0.0000
507 Dccember $0.~ $0.0000
50.0000
501 January $00000 - 50 .0000 $0.0000
50.0000
509 February $0.0000 $0.0000 $0.0000
50.0000 50.0000
510 Month 9
511 Month 10
512 Month 11
513 Month 12
514 Aver a Period 1 Chaend Movemet and Dekdoe Ad orrhotat
50.0000
4513 Month 13
516 Month 14
317 Month IS
511 Month 16
519 Month 17
520 Month 13
4521 Month 19
522 Month 20
523 Month 21
524 Month 22
525 Month 23
526 Month 24
527 Avers a Period 2 Chaooel Movement asd Deletios Ad oatmeal
Page I FCC Form 1240
January 1996
r
r
Federal Communications Cow. nfission Apprmed By OMB 3060 SS
Washington, DC 20554
Agenda No.
Agenda Item
Woeksheet 5 - Channel Movement and Deli ~A :5'(_
Projected Period, Basic Tier
For instructions, see Aptxndix A of Instructions For FCC Form 1240
Question 1. Indicate the periaJ tot which this worksheet is being used. (Put an W in the appropriate box )
True-Up Period Projected Period
x
Question 2. Indicate the tier for which this worksheet Is bein used. (Put an "X" in the appropriate box )
JV51c 7=2 Tit 3 iier4 Tiers
x
Question J. How long is the rust period, to months, for which reties are being set with this worksheet' 12
Question 4. How long is the second period, In months, foe which rates are being set with this worksheet? Evil
1 2 3 4
Residue.* or Chun acts Deleted Residual of Channels Moved Net Per
Uoe Period -Claooet Cost Cumulative Net Ptr-Chaoael From Tier (added) to Tier AdJ urtmem JCol umn 2 - fat Adjustment
Colama 11
Sol Previous Period 50.0000
502 June so.0000 (0.0000 $0.0000 50.0000
503 July fo.boob so.6660 50.0000 $6.0000
504 August $0.0000 $00000 60AO00 So.0000
505 September s0.o0m 50.0000 $0.0000 $0.0000
506 October 60. 0000 $0.0000 so.0000 50.0000
507 November s0,0000 60.0000 So.0111 $$AM
Sol December $0.0000 so.oo00 gem" 50.0001
309 January 50,0000 50.0000 50.00111 80.0000
$to February 60,0000 $0.0000 NAM so.oooll
511 March so.0000 60.0000 50.om SOAW
512 April $0.0000 60.0000 MAN $0.0000 I
513 May 60.0000 $0.0000 56AeM I m
1514 Average Period I Channel Movement and Deletion Ad uslseat 80.0000
Page I FCC Form 1240
Jenuary, 1996
1
A3~
F
Federal Communications Commission Approved By Oh1B 3060-0695
Washington, DC 20554
Agenda No~
Worksheet 7 - External Costs Agenda Item
True-Up Period Date > e'n
For in» om, see Appendix A of Im ructions For FCC Form 1240
True-Up Period Projected Period
Question I . For which time period are you filling out this worksheet? [Put an "X" in the appropriate box I X
Question 2. Flow long is the lust period, in months, for which rates are being set with this worksheet? 8
Question 3. How long is the second period, In tttonths, for which rues are being set with this worksheet? F
Line une Description Basle Tier 2 Tier 3 Tler 4 Tier S 71
Period
xlerna Costs Eligible or ar u
Cost of Programming For Chmne Is Added Prior
701 to 5115194 or After YI SN4 Using Markup
Method For Period $23,855.7
702 Retransmisslon Consent Fees For; eriod $0.
703 Copyright Fees For Period $2 )71.6
704 External Costs Eligible For 7.5% Markup 546,2273
705 Marked Up External Costa $49,694.4223
External Costs Not Eligible for Markup
706 Cable Specific : axes For Period S0,
701 Franchise Related Costs For Period S0.
708 Commission Reguluary Fees For Period S0,
709 Total External Costs For Period $49,694.4225
1110 Mont lf, Per-Subscribe: Extend Costs Foe 50.3801
e
Period 2
External Costs Elf able for Marko
ost o Progranunlag For Lbannels A
III to 5/13,94 or After 5/1 S94 Using Markup S0.
Method For Period
712 Retransmission Consent Fees for Period $0.
713 Copyright Fm For Period $0,
714 Fxtemal Costs Eligible For 15% Markup So.
715 Marked Up External Cosb $0,0000
External Costs Not Eli 1ble for Marko
716 Cable Specific Taxes For Period S0.
717 Franchise Related Costs For Palod S0,
718 Commission Regulatory Fees For Period $0.
719 Total External Costs For Period ,$0,0000
720 Vornt~Per•Suhsaiber External Costs For
1 FCC Form 1240
Page
January 1996
I:
F
i~
i
Federal Communications Commission
Washington, DC 20554 Approved By Oh1B 3060-0685
Agenda ND. 42) '0
Worksheet 7 - External Costs Aoenda Item LD
Projected Period flare ^
Far instructions, see Appendix A of Instructions For FCC Forrt 1240
Question I. For which time period are you rr!ling out ,is worksheet? Truc-Up Period PrOkotcd Period
[Pul an 'X' N the appropriate box j
Question 2. Now long is the trsi period, in months, for which rues are being set with this worksbeet? X
Question 3. How long Is the second period, in months, fa which rates are being set with Ibis worksheet? 12
da
Line ][1oe Dntri oa Tier 1
Buie Tler7 TterS
i!il Tier S
xternal oafs t e or r u
Cost o Programming Far s A
701 10 VI Sr94 or After S/1 Sr94 Using Markup
Method For Period
702 Itetrammission Conant Foes For Period $41,654.6
703 Copyright Fees For PerW 135.
104 External Costs Eligible For 7.S%M ,s29
?DS Marked Up External Costs S"1113.7
External Costs Not Ell itrle for Markn ,9711757 5
706 Cable Specific Taxes For Period
707 Fratu h Ise Related Cold For Period so,
708 Commission Regulatory Fes For Period f0.
709 Total Exhmal Costs for Period
587,972.1757
1I0 ~fonthlr. pn t„1~~ Ex~ Cosh Fat
Jec[ed Pcriod ".4029
Page 2
FCC Form 1240
January 3996
}}1
Federal Commumcauons Commission
%V2shinglon, DC 20554 Ap roved By OblB 3060.0685
Agenda N0. LJ~
Agenda Item
Worksheet 8 - True-Up Rate ChargeiPte
For Instructions, see Appendix A of Instructions For FCC Form 1240
Question I. How long is the True-11p Period I, In months?
Question 2. How loop is the True-Up Period 2, in months?
0
Line Line Dexrl tloo t
Bruit Tier 2 Tkr 3
$0I July Tler/ 71er5
$9.2400
902 August $9.2400
803 September 591400
804 October
$9.2400
803 November 59.2400
806 December $9.2400
807 January $9.2400
808 February 59.2400
1109 Month 9
510 6famh 10
811 Month 11
12 Month 12
813 Period I Average Rant 592400
814 March 13
pis month 14
$16 Month 15
8i7 Month 16
SIS Mats l7
119 Momh IS
20 Month 19
821 Month 29
822 Month 21
823 Month 22
824 Month 23
823 Month 24
826 Period 2 Avenw Rae
I
Page I FCC Form 1240
January 1996
f S4.'A-i x
E
,~a'r Pfr
I'WeralCanmuYCaOp"a Comrtxniw3, Waanryw 7C 30554
4PP'd e1 DMS 30560577. Esp., ~30y1
FCC F02L11 1205
l7: ~
'72A^+~ncccu7eDEarrMFr'rAVOpsrACLArro.cosTS Agenda No.~
'EQL'RML"roj.M• Agenda 1toM -
jfmma.gLlh1&e JdICL•7D3deahfenum _ Date
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Agenda he.
Agenda Item
Dato -
DATE: July 2, 1996
9 J"L
TO: Mayor and Members of City Council
FROM: Ted Benavides, City Manager
SUBJECT: Consider approval of an annexation schedule with regard to the proposed annexation
of a 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road
and a 29.115 acre tract located north of Blagg Road and east of Geesling Road. (A-72
and A-73)
JVXDMMF.NDATUIIV-
Staff recommends approval.
aVAKARL.
The proposed annexation schedule (See attachment #0 has been prepared in
accordance with the requirements of the Local Government Code and the Cit
Charter with re ar il
g d the annexation City Council
to hold two public hearings to receive comments from the public rand then for
Council to consider the adoption of the annexation ordinance on twu separate
occasions. City Charter also requires that City Council must adopt an annexation
ordinance by r.o less than four-fifths (4/5) vote of its membership.
In accordance with this schedule, City Council must institute annexation I
proceedings at a sp,-cial called meeting on September 10, 1996. State law requires
that this action must be co.tducted not later than 40 days after the first public hearing
and more than 20 days after the second public hearing.
BACKGRO 1ND
The schedule will apply to the proposed annexation of a 96.85 acre tract located
north of Mingo Road and west of Cooper Creek Road and a 29.115 acre tract located
north of Blagg Road aid east of Geesling Road. City Council held a study session
with regard to the proposed annexations on June 25, 1996 and directed staff to
proceed with the schedule.
FgGGIAMS.DEPART NTS OR ROUPq AFB
All city service departments incluiing Police, Fire and EMS, Engineering, Utilities,
Solid Waste. N As and Recreation, Library, Planning and Development, Animal
Control and Environmental Health.
Page 1
1
p
Agenda No.
AI~ILPMT Agenda item
Date
(1) A 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road.
Annual maintenance for roads is estimated between $4,000 to $7,000. Please note
that our staff report of June 25, 1996 contained a typo showing an estimated cost of
$14,000. The entire property has a msrket value of approximately $958,375 and
agriculture exemption appraised value of $22,158. City tax benefit based on existing
land use is estimated at approximately $120 per year.
(2) A 29.115 acre tract located north of Blagg Road and east of Geesling Road.
Blagg Road was recently repaved and it is currently being maintained by the County
under an intertocal agreement. Staff reported to Council on June 25, 1996 that the
ultimate reconstuction of Blagg Road in accordance with City standards over the
long teim could cost approx. $30,000 to $40,000. In reality however, we are not
recommending the annexation of Blagg Road and so its maintenance and/or
rebuilding costs will not accrue to the City. This situation could potentially change
as vacant land along Blagg Road is developed in the future. Staff position at this
point however, is that the proposed annexation of the B.F.E Systems Addition will
not incur any maintenance or rebuilding costs for Blagg Road.
In reviewing the pros and cons of the proposed annexation, City Council requested
that staff prepare a fiscal impact analysis showing how this annexation could
potentially benefit the City. We have started to run some numbers and will submit
a report to Council at a later date while we are going through the annexation process.
Respectful) submitted:
Ted Benavides
Prepared by.
City Manager
t21u, .I~~ctt
14~ N, ~,ersaud, MRTPI, A1CP
Senior Planner
r;p roved:
G
rank if.
aobbins, AICP
Executive Director for
Planning and Development
Page 2
.r
Si
Agenda No. 96
Agenda Item
AM HMENTS: Date_
n
(1) Proposed annexation schedule.
(2) Site map for a 96.85 acre tract located north of Mingo and west of Cooper Creek Road.
(3) Site map for a 29.115 acre tract located north of Blagg and east of Geesling Road
a
Page 3
a
r'lr ar;{
t`
11
t1%
Agenda No.
Agenda Ilem
Da!e
ATTACHMENT # 1
PROP92SED ANNEXATION SCHEnULP
June 25, 1996 City Council receives a report am give direction to staff %vith regard
to the proposed annexation.
July 2, 1996 City Council considers approval of a schedule for public hearings.
July 26, 1996 Notice published in Denton Record Chronicle for first publi- hearing.
Service plan is prepared.
August 6, 1996 City Council holds first public hearing.
August 9, 1996 Notice published in Denton Record Chronicle for second public
hearing.
August 20, 1996 City Council holds second public hearing. f
August 28, 1996 Planning and Zoning Commission holds a public hearing and
consider making a recommendation to the City Council with regi rd
to the proposed annexation.
►fCntember 10 1996 City Council inati rtes annexation. a'arat Readiag~~~~
September 13, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
October 15,19% Final action by City Council. Second reading and adoption of
the Annexation ordinance.
Meetings in bold require 6 out of 7 votes at City Council
City Council special meeting underlined
t
s move%
Agenda No A N N O NA-AZ
Agenda Item
Date _
4,• I 1 - l
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Agenda Item
Date B• • E SYSTEMS ADDITION
E 1~ t
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Agenda No.
Agenda Item
Date -
BOARD/COMMISSION NOMINATIONS
1996-97
AIRPORT ADVISORY BOARD
Dist CURRENT MEMBER NOMINATION ICOUNCIL
*7 John Dulemba Terry Garland 1994-96 Miller
3 Don Smith 1994-96 Biles
4 James Jamieson 1994-96 Cott
*5 Jim Risser Jim Risser 1994-96 Beasley
ANIMAL SHELTER AD-iXBORY BOARD
DZST CURRENT MEMBER NOMINATIONgj+j COUN^?jr
2 Joella Orr 1994-96 Krueger
BOARD Or AMUSUENT
DIST CURRENT MEMBER NOMINATION T COUNCIL
5 Rebecca King 1994-96 Beasley
3 Bob Hagemann 1994-96 Biles
4 Joe Bendzick 1994-96 Cott
2 Larry Collister 1994-96 Krueger
BUILDING CODE BOARD
DZST CURRENT MEMBER NOMINATION TFM COUNCIL
3 James Fykes (ALT) 1994-96 Biles
4 Byron Woods (ALT) 1994-96 Cott
*5 Steve Kniatt Steve Kniatt 1994-96 Beasley
*6 (Mary McCain) Mary McCain 1994-96 Brock
(Architect)
*7 Greg Muirhead Ken Dobias 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
Agenda No. 9/0 6,01--n
Agenda Item
Oat.
CABLI!Ty ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
*5 Mark Burroughs Mark Burroughs 1993-96 Beasley
2 Richard Rodean 1993-96 Krueger
2010MITY DEVELOPMENT ADVISORY CONNITTEE
pjgT CURRENT MEMBER NOMINATION TERM COUNCIL
5 Dorothy Martinez 1994-96 Beasley
*6 Peggy Fox Peggy Fox 1994-96 Brock
*7 Jean Ellen Rogers Jean Ellen Rogers 1994-96 Miller
3 Larry Bailey 1994-96 Biles
*5 Ann Hatch Ann Hatch 1994-96 Beasley
DATA PROCESSING ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
2 Rosa Lawton 1994-96 Krueger f
3 Bruce Mitchell 1994-96 Biles
4 Renae Seely 1994-96 Cott
DOWNTOWN ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL 1
3 Geneva Berg 1994-96 Biles
4 Joanna Deonath 1994-96 Cott
*5 Joy Williams Joy Williams 1994-96 Beasley
6 Michael Flanagan 1994-96 Brock
*7 Rahna Raney Bette Sherman 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
R
4
}
Agenda No.16 6x-)
.
Agenda Item
Dase
ELECTRICAL CODE BOARD
DI ST CURRENT MEMBER NOMINATION TERM COUNCIL
3 (John Hardinger) 1994-96 Biles
(Master Electrician)
4 Don Fox 1994-96 Cott
1 Robert Hicks (ALT) 1994-96 Young
HISTORIC 7.ANDl1ARE CONKISBION
MT CURRENT MEMBER NOMINATION, TERM COUNCIL
3 (Kenneth Morgan) 1994-96 Biles
(Real Property Owner)
7 Judy Cole 1994-96 Miller
2 Jim Kirkpatrick 1994-96 Krueger
BMW BERyI9E6 COMMITTEE
CURRENT MEMBER NOMINATION ARM COUNCIL
6 Pat Muro
1994-96 Brock
*7 Diana Briggs Carol Brantley 1994-96 Miller
2 Kevin Miller 1994-96 Krueger
4 Sandy Kristoferson 1994-96 Cott
KEEP DENTON B$AUTIFUL BOARD
DIST CURRENT MEMBER NOMINATION TF$d COUNCIL
1 Mabel Devereaux 1994-96 Young
*6 Gayla Robles Gayla Robles 1994-96 Brock
*7 Vera Laney Vera Laney 1994-96 Miller
3 Fjola Jeffries 1994-96 Biles
4 Bill Watson 1994-96 Cott
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
7
6
h
Agenda No. tR ` l1
Agenda Item_
LIL$ARY BO Date
ARD
PM CURRENT MEMBER NOMINATION
TERM COUNCIL
*7 Kjell Johansen Kjell Johansen 1994-96 Miller
3 Kathy Pole 1994-96 Biles
4 Ema Ruth Russell 1994-96 Cott
PARIS AND RECR ATION BOARD
DIST C_jlEENT MEMBER NOMINATTON
T$$M COUNCIL
*7 Tom Judd Annie Burroughs 1994-96 Miller
2 Loyce Wilson 1994-96 Krueger
PLANNING AND ZONING COMMISSION
D= CURRENT MEMBER NOMINATION TM COUNCIL
3 Mike Cochran 1994-96 Biles
*5 Ellen Schertz Ellen Schertz 1994-96 Beasley
6 Katie Flemming 1994-96 Brock
PLUMBING AND MECRANICCAL CODE BOARp
D LU CURRENT MEMB .a NOMINATION TERM
COVNCI
*5 Millard Heath Millard Heath 1994-96 Beasley
(Mechanical Contractor)
*6 Lee C apps Lee Capps 1994-96 Brock
1 (Jeff Peploe) 1994-96 Young
(Master Plumber)
PUBLIC UTILITIES BOARD
DTST CURRENTMEMB $ NOMINATION TERM COUNCIL
*5 Bill Giese Bill Giese 1992-96 Beasley
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
F
r r1F
i
qua Mo.p
Agenda item
Oate
SIaN HOARD OF APPB'ra
DZST CURRENT M N= NOMINATION TERM CO[_ ►NC?L•
1 Spencer Washington
1994-96 Young
3 Ann Houston (ALT)
1994-96 Biles
*7 Mike Wiebe Mike Wiebe
1994-96 Miller
TRRFFIC SAFETY MISO12H
DIET QURRENT M N ; NOMINATION
T= 0 N 7 ,
*6 Greg Sawko Greg Sawko 1994-96 Brock
1 Kathy bovine
1994-96 Young
2 Derrick Hartsfield
1994-96 Krueger
3 Mark Coomes
1994-96 Biles
4 Larry Luce
1994-96 Cott
CIVIL SERVICE COXXI SSION
UAT CURRENT MEMB g NOMINA N TERM
*2 Dennis Stephens Dennis Stephens
1993-96 City
DENTOU& ING A MKQRM Mgr.
EEBT CURRENT M 2= 99111HATI0 TIM
*1 Tony Soto Tony Soto
1994-96 Mayor
*2 Bob Crouch Bob Crouch
1994-96 Mayor
TXPA 80A n OF DIRECTORS
EEBT CURRENT MEMB n NOMINATION
- - TERM
0 Tom Harpool
AC000128 1994-96 Council
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
s
HAND OUT FOR 7/2/96
Agenda No.
Agenda item
Date
1996 TAX COLLECTION CONTRACTS - MUNICIPALITIES 6 SPECIAL DISTRICTS
1. City of Argyle
2. City of Aubrey
3. City of eartonville
4. Clear Creek Watershed Authority
5- City of The Colony
6, City of Copper Canyon
7. Corinth MUD District
8. City of Corinth
9. Town of Double Oak
30. Town of Flower Mound
11. Town of Hackberry
12. City of Hickory crook
13. City of Highland Village
14. City of Justin
15. City of Krugerville
16. City of Krum
17. City of Lakewood Village
18. City of Little Elm ;
19. City of Lake Dallas
20. Lake Cities MUD District
21. Town of Marshall Creek
22. City of Northlake
23. Town of Oak Point
24. City of Ponder
25. City of Roanoke
26. Rural Fire Prevention District #1
27. City of Trophy club
28. Trophy Club MUD Diet # 1
29. Trophy Club MUD Dist #2
1996 TAX COLLECTION CONTRACTS - SCHOOL DISTRICTS
1. Argyle ISD
2. Aubrey ISD
3. Denton ISD
4. Krum rSD
5. Lake Dallas IGD
6. Lewisville ISD
7. Little Elm ISD
8. Northwest ISD
9. Ponder ISD
G
i
HAND OUT FOR 7/2/96
Denton Courtly TaxASSeSSOr - Collector f e tr~rl~l~lrt111111111111r~1r1l11111I11111111~~1II1
f•r~,,,,,,•~ Please~Renut To:
jou MARY HORN • DENTON COUNTY
TAX' ASSESSORrCOLLECTOR
f ti ' P.O. BOX 1249
DENTON, TEXAS 16202.1249
t ~ ~ 1.817.565.8655
Metro: 214.434.2979
Taxpayers Name and Address: X846
A!E**~k***~` CAR-RT SORT r;r COI 1
DNHETXO f76201-1155
UP, f
T uR
R0022443
16.5 8 . 49,492
Oi w~=
16 7R
Fill
BRENTWOOD, BLOCK M, LOT I PROP TYPE-AIA1 RATIO OF ASSESSMENT, 100%
LOC-00,1M SHERWOOD ST COI,C05
ACRES- 95 093634
OENTON COUNTY
OINTON IND SCH DiST 5,000 86,030 X7836
61,030 1,55185 183.61
• 947. itl
Aenelry&
IekrtslAe Note:F'enaltyAndtnterestl[Not I'odl7exeeUue fl'eiduy
Feb. Fotto. 7% Patd D
Mr. 9% SHE H00 T Mv. .9.17 1,210.14 rM,~,r 30.97
Md 1 ENTON, TX 762QI-1155 101.79 1,232.76
Mey 13% April 124.39 1' 255.36 ^►re
may 147,02 1, ,277.99 0..
- Thls parflon And four Crt•rcelled Cherk 11t if/ Sene As your Reeelp!
PROI'ERTYACcOUNrNUMDL•R Return this portion IYi1h Your poyerenf
R0022443 RECED'TNUMDER
hJake checks Pai•ohle To: 093634
PLESENOT& Mary Horn • Denton County
EAC
333-00 H ACTUR [D C CI ECK Dccrirsito Tex, 76202.1249 111~11111111111111111i~rllllllflillllllllllllllllllllrl
PntdDy 01/31/96 lrpemDy
FJDEWNTONo Note: PcimilyAnd brtcrestlfNot Totnl Taxes DYe
01/31/96
Iretr. 79.17 1,210.14 1,10.97
H WOOE~ DMST" 01.79 1,232.76 TX 76201-1155
April 124.39 1,255 ""r''t
M.,y 147.02 1,277.99
`f
a
DENTON LEWISVILLE CARROLLTON - THECOLONY
300 E. McKinney St. 190N. Valley Pkwy 3740 N. Josey 6301 Main St.
817-565-8655 i 434-2533 394-3961 625-3115
Metro 214-434.2979
AMMAZ=
AppralsedValue= Assessed Value= Market Value The Denton County Tax Assessor/CollectorCollects
Assessment Ratio fora 11jurisdictionsis100% Ad Valorem (property)Taxes fortheCounty plus Vari-
Taxes = (Tax RaleX Taxable Value)/ 100 ous Cilies; Schools, and Special Districts: Foi Informa-
TaxRnle=TaxAmount per$100TaxableValue tiononTaxRatesorTaxesDueforthejurisdiclionsshown
Taxable Value-Appraised value less exempt value on the front ofthis statement, phone the Denton County Tax
Exempt Value -Amountofexemptionto which taxpayer Office at 817-565-8655 or Metro 214-434-2979.
iscntitled
Delinquent Tax Penally and Interest
Tnxes not paid by January 31 will increase as follows:
IF TAX IS ADD IF TAX IS ADD
PAID IN PENALTY INTEREST TOTAL PAID IN PENALTY 1NTERF TOTAL
FED 6% + Iiio = 7% MAY 9% + 4% = 13%
MAR 7% + 2% = 9% JUN 10% + 5% = 15%
APR 8% + 3% = 11% JULY 12% + 6% = 18%
$AccountsnolpaidInfull byJune30oftheyear inwhich lt,e become delinquent will be referred to our delinquent tax
attorney forenforced collection, and will incuran addition tl,,.naltyequal to15%ofthetotal taxes, penalties, and
Interesidue.
Mu gum= _W
The Denton Central Appraisal District identifies property lobe taxed, determines
its appraised value, whether togranlexemplions,thetaxable owner andaddress, andwhich 11S-Homestead
taxinglurlsdictions can tax the property. For inform atlon on vil I ues, or exem ill ions, or to OA -Over 65
report changes fit ownershiporaddress, l'lione817-566-0904orMelro2t4-434.2602 DP - DisabledPerson
orwr'le10P.O.Box2816;Denton, TX 76202.7lie Appraisal District office is located at DV - Disabled Vet
3911 Morse St. In Denton.
--r-p4-Taxes are due upon receipt of statement
• Pay by January 31 to avoid incurring penalty and interest charges. The tax collector does not have legal authority to
forgive or waive any penalty or lnr,?res; ;hn rge on an unpaid tax.
* lfyourtaxes shraid be paid bya mortgage corupany, andyou have received the statement, write your loan
number on I1,4: statement and send it imntedintely to the mortgage company.
• " to :dw automatically places a tax lien on property on January I of each year to ensure that taxes are paid. The person
wu • )wned the property on January I of the lax year is personally liable for the lax, even ifhetshe sold the property during the
year.
• Failure to receive a tax bill does not affect the validity ofthe tax, penally, or interest, the due date, the existence of a tax
lien, or any procedure instituted to collect a tart (see, 31.0I (g), Texas PrQ=tX:U&0de).
• Taxes becomedelinqu6ton February 1. Penalty is imposed at the slatutorylate of6°oonthe I st day of the delinquency
month, rind will increase I% on the ktdnyeach mond,thereaAcr,rcaching 12%maximumJuly I. Interest is imposed at the
statutory rate of 1%onthe Istd;,yordelinquency,andwiilincrease I% each month thereaner.