HomeMy WebLinkAbout08-06-1996 fi
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CITY COUNCIL AGENDA PACKET
August 6 1996
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Agenda No.-TC-50~
AGENDA
CITY OF DENTON CITY COUNCIL Agenda item
August 6, 1996 Date
Closed Meeting of the City of Denton City Council on Tuesday,
August 6, 1996 at 5:00 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. GOVfT CODE Sec. 551.071
1. Consider and discuss possible settlement of City o
Denton v Kar o +n i i ,
2. Consider and discuss settlement offer resultica
from mediation in v
J. Consult with attorney on status of and litigation
strategies in RPS/WeLer & Ba .+4
lawsuits.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec, 551,074
Regular Session of the City of Denton city council on Tuesday,
August 61 1996 at 7:00 p.m, in the City 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 p?.edge allegiance to thee,
Texas, one and indivisible.++
2. Consider approval of the minutes of June 18, June 25 and July
2, 1996.
3. Presentation of Keep Texas Beautiful Awards.
4. Citizen Reports
A. Receive a citizen report from Nell Lights regarding
missing property.
B. Receive a citizen report from Joe Dodd regarding the Dell
Deal.
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City of Denton City Council Agenda
August 61 1996
Page 2
5. Public Hearings
A. Hold a public hearing with regard to the proposed
annexation of a 96.78 acre tract located north of Mingo
Road and west of Cooper Creek Road and give staff
direction. (A-72)
B. Hold a public hearing with regard to the proposed
annexation of a 29.115 acre tract located north of Blagg
Road and east of Geesling Road and give staff direction.
(A-73).
C. Hold a public hearing and consider adoption of an
ordinance granting a Specific Use Permit (SUP) for remote
off street parking on Lot 11C, Infinity Strata Addition.
The 11.5 acre lot is adjacent to and north of the North
Texas Fairgrounds on Carroll Boulevard. (The Planning
and Zoning Commission recommends approval, 4-1.)
6. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 7.A,
7.B, 7.C1 7.D). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to
approval of the Consent Agenda. 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 hall then be considered before
approval of the Consent Agenda.
A. Bids and Purchase Orders:
1. Bid 11869 - Health Insurance
2. Bid 11911 - Refuse Bags
3. Bid 11920 - Distribution Transformers
4. Bid 11921 - Articulated Wheel Loader
50 Bid 11922 - Construction of 4" Gravity Sewer at
Evers Park
6. Bid 11919 - Lease of Agricultural Land at Airport
7. P.O. 165431 - McNaughton Book Service
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City of Denton City Council Agenda
August 6, 1996
Page 3
7. 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 11869,
5.A.2. - Bid 119111 5.A.3. - Bid 119201 5.A.4. - Bid
11921)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (5.A.5. - Bid 11922)
C. Consider adoption of an ordinance authorizing the City
Manager to execute a lease agreement between the City of
Denton and TTS Farming for property located at the City
of Denton Municipal Airport. (5.A.6. - Bid 11919)
D. Consider adoption of an ordinance providing for the
equipmentrewhich funds a eavfor ailable ha from o one materials
in
accordance with the provisions of state law exempting
such purchases from requirements of competitive bids.
(5.A.7. - P.O. 165431)
8. Ordinances
A. Consider adoption of an ordinance temporarily prohibiting
the parking of vehicles on both sides of Carroll
Boulevard from its intersection with Fain to its
intersection with Headlee, the west side of Denison
Street from its intersection with University to its
intersection with Sherman Drive, the east side of Denison
Street from its intersection with Sherman Drive to its
intersection with Headlee Street, the west side of
Bolivar Street from its intersection with Sherman Drive
to its intersection with Fain, the south side of Ross
Street from its intersection with Carroll Boulevard to
its intersection with Bolivar Street, the north side of
Strata Drive from its intersection with Carroll Boulevard
to its intersection with Mesquite Street, and the north
side of Fain Street from its intersection with Carroll to
its intersection with Bolivar Street during the annual
North Texas State Fair and Rodeo to be held from August
16, 1996 through August 24, 1996.
B. Consider adoption of an ordinance approving the 1996
certified appraisal roll.
C. Consider adoption of an ordinance authorizing the Mayor
to execute the third addendum to the lease between the
City of Denton and the Denton Chamber of Commerce.
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City of Denton City Council Agenda
Lugust 6, 1996
Page 4
9. Resolutions
A. Consider approval of a resolution approving the 1996-97
budget of the Denton Central Appraisal District.
B. Consider approval of a resolution nominating one member
to the Board of Managers of the Denco Area 9-1-1
District.
C. Consider approval of a resolution supporting Senate Bill
1021, the amendment of the Clean Air Act, to extend the
primary standard attainment date for moderate ozone
nonattainment areas, 1996-1998.
D. Consider approval of a resolution authorizing the
execution of an agreement between the City of Denton and
the Texas Department of Transportation accepting
electronic equipment to aid the Police Department in
accident investigation.
E. Consider approval of a resolution authorizing the City
Manager to submit an amendment to the 1996 Action Plan
for Housing and Community Development submitted on June
3, 1996 to the U. S. Department of Housing and Urban
Development with appropriate certifications, as
authorized and required by the Housing and Community
Development Act of 1974, as amended and the National
Affordable Act of 1990, as amended.
10. Submission of the certified collection rate.
11. Submission of the effective tax rate and rollback tax rate.
12. Consider nominations/appointments to the City's Boards and
Commissions.
13. vision Update
14. Miscellaneous matters from the city Manager.
15. official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
16. New Business
This item provides a section for Council Members to suggest
items for future agendas.
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City of Denton City Council Agenda
August 6, 1996
Page 5
17. 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 Hail of the City of Denton, Texas, on
the day of 1996 at o'clock (a.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 46 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.
ACCO032B
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CITY OF DENTON CITY COUNCIL MINUTES Agenda N0, -03d.
June 18, 1996 Agenda Item C;L
The Council convened into a Closed Meeting on Tuerigy~-
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 considered the following in a Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Joint discussion with Board of Directors of Economic
Development Corporation of Denton, Inc. to deliberate and consider
the appointments to, contemplated litigation, and attorney/client
privileged advice to resolve conflict of interest questions with
regard to the Board of Directors of the Economic Development
Corporation of Denton, Inc.
2. 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.
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.
2. Discussed the acquisition of property for expansion
for the City's landfill.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Joint discussion with Board of Directors of Economic
Development Corporation of Denton, Inc. to deliberate and consider
the appointments to, contemplated litigation, and attorney/client
privileged advice to resolve conflict of interest questions with
regard to the Board of Directors of the Economic Development
Corporation of Denton, Inc.
2. The Council considered and deliberated appointments
to the position of and duties of the Assistant Municipal Judge.
The Council convened into a regular meeting on Tuesday, June 18,
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
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City of Denton City Council Minutes
June 18, 1996
Page 2
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U. S. and Texas flags.
2. The council considered approval of the minutes of May 21 and
May 28, 1996.
Beasley motioned, Cott 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. Resolutions of Appreciation
A. The Council considered approval of a resolution of
appreciation for Mary Jane Pannell.
The following resolution was considered:
kESOLUTION OF APPRECIATION FOR MARY JANE PANNELL.
Brock motioned, Beasley seconded to approve the resolution. 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 approval of a resolution of
appreciation for Jann Sanders.
Ms. Sanders was not present at the meeting.
4. Citizen Reports
A. The Council received a citizen report from Marcia Tester
regarding "Family Connections" - an emergency runaway shelter for
Denton County.
Ms. Tester was not present at the meeting.
B. The Council received a citizen report from Kelli Reny
regarding "Family Connections" - an emergency runaway shelter for
Denton County.
Ms. Reny was not present at the meeting.
C. The council received a citizen report from Nell Lights
regarding problems with her property in the City.
Ms. Lights was not present at the meeting.
D. The Council received a citizen report from Dessie Goodson
regarding various issues concerning the City.
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City of Denton City Council minutes
June 18, 1996
Page 3
Ms. Goodson stated that she questioned the need for new police
officers in the City. Code Enforcement was a problem and had not
done anything about the problems which she had presented to the
Department. SPAN was still a problem with issues not being
resolved. She was waiting for a response from the City regarding
her utility bill. She had a higher bill with one person than with
three people in her home. She did not have any leaks and would not
pay this type of bill any longer.
E. The Council received a citizen report from Christine
McAdams regarding paving liens.
Ms. McAdams stated that over 20 years ago her street was paved.
She was not told about it going to be paved and last year she
received a letter for the first time that she owed $2,000 for the
paving lien. She did not have that kind of money t tares a she
lien. she had even sold some of the property o pay s shown about
had bean ill. When she sold that property, nothing a paving lien. she asked why it was not brought up when she sold
part of the property. She sent the City information she could find
regarding the purchase of her property and might not have sore of
the information she needed for removing the paving 11en. She
needed help with this problem. the c been MayMiller or withcanddwothat uld asksthes issue to investigahad
te
the situation.
Council
research the Member situation to help here wihad asked the th the lien,City Attorney to
City Attorney Prouty stated that Council wanted to find a way to
legally release some of these liens. The Constitution prohibited
the City from forgiving any debt unless there was a legal way to do
so. The legal way to do that was to establish that the people had
homesteads at the time the lien was assessed. Approximately one
third of the liens were verified as homesteads. Ms. McAdams had
been sent an affidavit and paperwork so that she could prove up
that she had a homestead at the time the lien was assessed. At
23, 1969 homestead. whih as g Her deed
this she could not y on rify that
October she had a
was given by Mr. McKinne months
after the August 12, 1969 date.
McAdams stated that over 20 years ago, things were done
fy. MMcKinney
Payment was carried made to his savings account d
go through a bank in the
bank.
City Attorney Prouty stated staff would work with her to help her
try and prove this. The problem was that it had to be established
that she resided and had legal title to the property on the date
that the
paper s work was assessed noin order to t received. establish in order to homestead. this forgive the
available,a homestead. At this
lien, it had in time~o that established
proof was that
point
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City of Denton City Council Minutes
June 18, 1996
Page 4
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 2.6662 acres from the Single Family 16
(SF-16) zoning district to the Office Conditioned ()(c)) zoning
district. The property was located on the west side of Lillian
Miller, approximately 500 feet south of I-35E. (The Planning and
Zoning Commission recommended approval, 5-1.)
Frank Robbins, Director for Planning and Development, stated that
there was a long history of zoning cases on this tract, most of
which were office cases which were either denied at the Planning
and Zoning Commission or Council level. The Council had backup
information that the 20% rule was in effect. One of those opposed,
Mitch Vexler, verbally withdrew his opposition several minutes
before the start of the meeting so that the super majority rule was
not required. There were a number of conditions which would be in
effect.
The Mayor opened the public hearing.
Rob Rayner stated on April 3 they had had a neighborhood meeting
with nine families attending. When this tract was discussed, the
major concerns expressed dealt with operating hours, possible
smell, lights, and a noise factor. He felt that the neighbors were
focusing on general retail and commercial uses but not office uses.
The input from the neighbors indicated that they still did not want
to have the general retail or commercial type of use. The owners
of property were requesting conditional office zoning. Because of
that, the long hours that a possible restaurant might have was
eliminated, the smell factor was eliminated as a restaurant would
not be there, the lights would be a condition of no direct lighting
to the neighborhood, and the noise factor was reduced with an
office setti:.g. The list of permitted uses for office eliminated
many uses. The property owners wanted to use the property for a
professional/administrative office building. The conditioned
office zoning would allow for flexible zoning for the property. He
asked for approval for the uses and conditions of the zoning.
Council Member Young asked if the property owners were going to
provide access to Lillian Miller from Conway.
Rayner stated that Conway was an easement which had a private road.
Mr. Haywood had the flexibility to use Conway to get out to the
service road or to Lillian Miller. He had discussed this with a
member of First State Bank who indicated that he would be glad to
work with Mr. Haywood to see what his needs were in order to make
this a positive situation for him.
Council Member Young asked if he would give access.
Rayner replied yes.
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City of Denton City Council Minutes
June 18, 1996
Page 5
Council Member Beasley stated that Rayner mentioned that these
would be offices, typically open from 8:00 a.m. - 5:00 p.m. Would
these offices be dentist, real estate, etc. offices.
Rayner replied than it would be a traditional office concept which
was an 8:00 a.m. 5:00 p.m. office. He could not pinpoint the
hours of operation as some real estate office stayed open later
than 5:00 p.m.
Council Member Beasley stated that people would be coming and going
from these offices all during the day.
Rayner replied with permitted uses.
Council Member Beasley stated that at this particular point in
time, First State Bank did not have a buyer for the property. The
zoning was requested in order to make the property more marketable.
Rayner stated that First State Bank realized through zoning issues,
that certain types of zoning would not be allowed in the area..
From the past denied zonings and conversations with some of the
neighbors, it was indicated that offices would be acceptable to the
neighbors.
Mitchell Turner stated that in 1985 he was a member of a committee
responsible for developing the Denton Development Plan. He was
familiar of how the document related to this proposal. A major
problem had not yet been mentioned which was the traffic congestion
on Lillian Miller with the current restaurants and offices in the
area. This proposal would add 493 traffic trips per day to the
traffic on Lillian Miller. If developed as presently zoned, it
would only add 240 trips per day. Another area which needed to be
looked at was the density. The corner of 135 and Lillian Miller
was supposed to be medium density but it had been developed to the
point that it was now high density. This area was identified in
the Denton Development Plan as an area which needed special
attention. The Plan indicated that, given the prominence of the
southeast planning area and the thoroughfare network in that
sector, there were likely to be pressures to locate high to
moderate intensity land uses long Teasley Lane, Lillian Miller
Parkway, Hobson Lane, 133E and between Loop 288 and Lillian Miller.
These pressures were likely to increase as F.M. 2181 was developed
as a primary arterial and extended further south to ultimately
connect with the DFW Airport. Therefore, the policy of the Plan
was to restrict the further intrusion of high and moderate
intensity land uses in this area. Strip commercial zoning was also
discussed in the Plan and was discouraged in a low intensity area
such as Southridge. In December of 1985 a similar office zoning
proposal was presented to Council. It was denied by the Council at
that time 7-0 because of the further intrusion on the west side of
Lillian Miller. At that time the Council indicated that tiie
commercial creep on the west side of Lillian Miller needed to stop
at the Red Lobster. He hoped that Council would listen to the
neighbors.
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June 18, 1996
Page 6
Council Member Krueger asked when the Denton Development Guide
was published.
Turner replied that it was published in 1988 with no changes since
then.
Ray Stephens stated that the Development Guide had not been changed
for many years. Council had an obligation to follow the Plan
unless it had been changed. The Plan called for a low density area
and should be closely monitored to keep the particular zoning in
place. The Plan mandated strict site plan control within 1600 feet
of this particular property. what Mr. Raynor indicated this
evening differed from what had been said previously in response to
Conway Drive. At the Planning and Zoning commission meeting and at
the neighborhood meeting, it was indicated that Conway Drive would
not have access to Lillian Miller. The property on Conway would be
provided to abutting owners and therefore that road would not open
to Lillian Miller Parkway. He questioned which version was
correct. He felt that the Denton Development Plan should be
followed. If that area should be changed at some time from
residential, then he felt it should be by the use of a planned
development so that the City and the neighborhood would have a
definite idea on how the development would proceed rather than
leaving it open-ended as it would be now with office-conditioned.
The proposal brought erosion into the neighborhood for non-
residential uses. Currently Lillian Miller, south of the Red
Lobster, was the boundary line for commercial or other types of
non-residential types of uses. He asked for denial of the requsst
and to follow the Development Plan.
Roland Vela stated that the neighbors were not all in agreement
when they met with Mr. Raynor. They had indicated that if an
office building was going to be built to serve as a buffer between
residential zoning and commercial zoning, it should be zoned as a
planned development. The neighbors were afraid of any types of
conditions when there was the possibility that other structures
might be built. The last time this area was being discussed with
regards to a conditioned use, a proposed office building was
suggested with gardens, sculpted parking areas etc. What was build
was a Jack in the Box. As long as there was the possibility to
change the plans, the neighbors would have a concern of what would
be there. He would be in favor of the proposal if it was zoned
planned development. Changing tha zoning was a betrayal of promises
made to the neighborhood in the past. He was asking the Council to
stop the commercial zoning where it currently was and to protect
the neighborhood. Traffic was also a problem in the area. The
right hand lane of traffic stacked up on Lillian Miller. Several
years ago a traffic study indicated that traffic was already too
heavy in the area. Traffic would be increased with more recent
developments in the area. He requested that the Council not change
the zoning as it negatively impacted the neighborhood.
B. B. McMenamy stated that traffic problems were a serious problem
in the area. The Planning Staff recommended against the proposal
even though the Planning and zoning Commission recommended
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City of Denton city council minutes
June 18, 1996
Page 7
approval. No one had ever tried to sell the property as
residential.
Vera ~ershner presented Council with a petition from individuals in
the neighborhood. Those who were concerned were more than just the
few people in the room. The notice of the neighborhood meeting
went out to property owners within 200 feet of the proposal which
were mostly vacant lots. Her perception of the meeting was that
the questions from the group showed their concern for development.
She did not go away with a hostile feeling as Mr. Rayner assured
them that each question would be answered and a copy of all of the
questions and answers would be sent to each person present.
Nothing had ever been received. Intensity had not yet been
mentioned with this proposal and was critical for this location.
individuals within 1600 feet had a right to be a part of the
process but those individuals had not been notified of this
proposal.
Mayor Miller stated that Speaker Cards had been received in
opposition to the proposal from R. B. Escue and Mr. and Mrs. Jerry
Strader.
Jane Graner stated she was the only homeowner whose property backed
up to the proposed site. She had a great deal of concern regarding
the proposal. Mr. Rayner was trying to compromise on issues with
the neighbors but she felt that there was not enough control over
what could be developed on the site. She still questioned some of
the uses which were allowed. She was also concerned about the
lighting of the proposal. It was probably unrealistic to think
that the property would be sold residential but a planned
development would give more control. The neighbors would feel more
comfortable with a planned development zoning. A planned
development would provide more control and more security of what
would be developed on the property.
Council Member Krueger asked about Graner being the only property
owner which backed up to proposal.
Graner replied correct. The other lots in the area were not sold
and there was a crime problem in the area. She hoped that would
be corrected when other properties were sold as homes.
Vela stated that he lived further from the property than anyone
else which was still very close to the proposed property.
Clint Ballard stated that he was in the process of building in the
area. He had found drug evidence in the area and although the lots
were for sale, they would not sell if there was a change in the
zoning of the adjacent area.
The petitioner was allowed a five minute rebuttal.
Rob Rayner stated that he had also worked on the 1995 Denton
Development Plan. The Plan in 1985 was done because the market in
Denton had grown and changed. That was one of the reasons there
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City of Denton City Council Minutes
June 18, 1996
Page 8
was a brand new Plan Committee. A prior office proposal was very
large and it was felt that the highest and best usage was office
with a smaller square footage. The proposed uses and conditions
would not allow a restaurant as was allowed in prior zoning
proposals. The land owner of the property which was vacant, Mr.
Vexler, removed his opposition when he heard the proposal with the
conditions and use restrictions. Office conditioned zoning was
best for this tract of land.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-133
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING DISTRICT
CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
2.6662 ACRES OF LAND LOCATED ON THE WEST SIDE OF LILLIAN
MILLER PARKWAY APPROXIMATELY 500 FEET SOUTH OF I-35E;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Krueger seconded to adopt the ordinance.
Mayor Pro Tem Brock stated that this property had a long history.
At one point it was envisioned that this property would be a
transition use between high residential and lower intensity
commercial. Garden homes or townhomes in the area had been
suggested. It might be that certain restricted offices would be a
good transition in the area. But this proposal grossly exceeded
the intensity standard allowed. It allowed metal buildings and
inadequate screening. She also felt that the proposal would
contribute considerably to the congestion in the area. The
citizens of Denton just passed a CIP bond issue so that money could
be spent for right-of-way for Loop 288. There was also the issue
that people were important and homeowners made an investment as
businesses did. She felt that the purpose of the zoning was to
make the land marketable for First State Bank so they would not be
responsible for marketing the property. She felt that the zoning
should be restricted to a single story, limited intensity strip
design prohibitions, lighting and signage restrictions. Area
property owners had a right to some kind of guarantees that their
investments would be protected.
Council Member Cott stated that he had heard several times that
planned development was on before and then taken off.
Robbins stated no that the property had always been zoned SF-16 and
not planned development. There had been a number of proposals for
various plannod developments but they had been denied.
Council Member Beasley stated that a traffic study done in 1995
indicated 20,898 cars going through in 24 hours on the south side.
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City of Denton City Council Minutes
June 18, 1996
Page 9
In 1993 a traffic study was not done. In 1993, there were 13,000
trips. That was an increase of 7,000 trips between 1993 and 1995
and it was not known what it was today. she asked if there was any
help planned for the traffic.
Robbins replied nothing was planned at this time.
Council Member Beasley stated that she would be voting against the
proposal as it was against the Denton Development Plan. She felt
the site would be good for offices or condos but there was a need
for more control on what would go in that area.
Council Member Krueger stated that the CIP bond process included
the acquisition of easements for the extension of Loop 288 which
would ease traffic in the area. He felt that 85% of the traffic
was going down Loop 288 and going on 135. Businesses were not
causing the traffic problems in the area. The Denton Development
Plan was outdated and was currently being reviewed. This was not
the same Council which ten years ago turned down the request on the
zoning of the property. There was only one homeowner which was
adjacent to the property. First State Bank was a good business and
probably had financing on the property in the area. The Bank would
not do anything to harm Denton. This proposal would not harm
Denton and should be approved. The City could no longer continue
to go on with backyard zoning and could not stop the growth of
Denton. There were adequate restrictions on the proposal which
would control the development of the property.
Council Member Young stated that this property would not provide
residential zoning. Office zoning would be acceptable as there
would not be much noise, no pollution, and no smells from an
office. It appeared that the neighborhood did not want anything
built on the property. Office zoning was good zoning for that
piece of property. ,
Mayor Pro Tem. Brock stated that several speakers agreed that
certain restrictive office developments would be appropriate for
the site. The proposal did not have the kinds of restrictions
which would be most appropriate for this site.
Mayor Miller stated that this land was a transition from a high
density use to a neighborhood. The land was currently zoned SF-16
and the owners of the land were aware that it was zoned SF-16. He
felt that there was not a major dispute as to whether or not to
have office zoning but rather the size of the office, what would
that do to the intensity in the area, potential traffic problems
and where would the building be located on the site. There was no
site plan at this time. Staff had recommended denial while the
Planning and Zoning Commission recommended approval. Staff
recommended denial on the basis of the size of the office.
Robbins indicated that staff did not recommend approval of the
conditioned zoning for the site as it was not consistent with the
intensity, site plan and separation of strip commercial development
areas of the Denton Development Plan. Staff felt the site should
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June 18, 1996
Page 10
be developed as a planned development.
Mayor Miller stated that there were developers who did not like
planned development. There were times when there were other ways
to go with zoning rather than with a planned development. However,
this area would be good for a planned development. There was a
sense of false security that what would be approved might not be
what was developed even with the conditions placed on the proposal.
When the land was sold, the person who owned the land would be able
to develop the land within that frame work. The City was not
indicating that it did not want office development but this area
needed planned development.
Council Member Biles asked if the intensity area to the east of
Lillian Miller Parkway was a different intensity area from the
proposal.
Robbins replied yes.
Council Member Biles stated that the staff report indicated that
the intensity was 134% over for that project on Lillian Miller
given that the site was in Intensity Area 79. If the site were
across the street, would it be in the intensity allotment.
Robbins replied no that regardless of the Study Area that it was
in, if it was in any low intensity area it would be over the
allocation.
Council Member Biles stated that he was glad that the neighbors
agreed that there probably would not be SF-16 housing in the area.
The neighbors had accepted that this area would be some type of
commercial zoning. some of the neighbors had stated that a planned
development was acceptable and the use was acceptable but they
wanted to know the specific layout of a proposal. He understood
why the neighbors would want a planned development but felt that
the conditions placed on the proposal were close to that. If the
property was in a different location, there would be a different
intensity area. With all of the conditions of the proposal, he
would be in favor of the issue. The planned development would only
tell where the footprint of the building would be.
On roll vote, Beasley "nay", Brock "nay", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "nay". Motion
carried with a 4-3 vote.
B. The Council held a public hearing to receive input
regarding cable television rates in the City of Denton.
Richard Foster, Public Information Officer, stated that Council had
received a briefing from staff last week on the cable television
issue. A public hearing was scheduled to receive any input from
citizens.
The Mayor opened the public hearing.
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June 18, 1996
Page it
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Young felt that the rate reduction was a smoke
screen in regards to the rates for remote controls. The company
was phasing out the remotes and only people with remotes were
receiving a reduction.
Foster stated that the company was phasing out rental of remotes
which would provide a 1 cent reduction. For new customers or those
customers whose remotes did not work, they would have to purchase
their awn remote.
6. Consent Agenda
Brock motioned, Krueger seconded to approve the Consent Agenda as
presented. On roll vote, Beasley "aye", Brock "aye", Cott Faye",
Krueger "aye", Young "aye", Biles "nay", and Mayor Miller "aye".
Motion carried with a 6-1 vote.
A. Bids and Purchase orders:
1. Bid 01910 - Bell Avenue Sidewalk Repair
2. P.O. 065548 - Decision Technology, Inc.
3. P.O. 065777 - IBM
B. Tax Refunds
1. Dentex Title Company - $551.63
2. Dentex Title Company - $540.93
7. Consent Agenda Ordinances
The council considered the Consent Agenda Ordinances 7.A. and 7.B.
Brock motioned, Beasley seconded to adopt the Consent Agenda
ordinances. On roll vote, Beasley 'Pays", Brock "aye", Cott "aye",
Krueger "aye", Young "aye", Biles "nay", and Mayor Miller "aye".
Motion carried with a 6-1 vote.
A. NO. 96-134
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. (6.A.1. - Bid 01910)
B. NO. 96-155
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. (6.A.2. - Y.O. 0655480
6.A.3. - P.O. 065777)
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Page 12
8. Ordinances
A. The Council considered adoption of an ordinance amending
Article V entitled "Hotel Occupancy Tax" of the Finance and
Taxation Chapter of the Code of Ordinances of the City of Denton,
Texas by amending Section 30-101 relating to the definitions of
"hotel" and "permanent resident" and adding "Reporting and Payment
Period"; amending Section 10-102 entitled "Levied; Amount;
Exemptions" by amending Subsections (a) and (b); amending Section
10-103 entitled "Collection" by deleting Subsection (b); amending
Section 10-104 entitled "Quarterly Reports" by replacing with
"Reporting and Payment Period"; amending Section 10-109 entitled
"Use of Revenue Derived from Tax" by adding language to ensure
compliance with section 351.103 of the Tax Code; and by adding
Section 10-110 entitled "Conflict of Laws".
The following ordinance was considered;
NO. 96-136
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE V
ENTITLED "HOTEL OCCUPANCY TAX" OF THE FINANCE AND TAXATION
CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON$ TEXAS
BY AMENDING SECTION 10-101 RELATING TO THE DEFINITIONS OF
"HOTEL" AND "PERMANENT RESIDENT" AND ADDING "REPORTING AND
PAYMENT PERIOD"; AMENDING SECTION 10-102 ENTITLED "LEVIED;
AMOUNT; EXEMPTIONS" BY AMENDING SUBSECTIONS (a) AND (b) ;
AMENDING SECTION 10-103 ENTITLED "COLLECTION" BY DELETING
SUBSECTION (b) ; AMENDING SECTION 10-104 ENTITLED "QUARTERLY
REPORTS" BY REPLACING WITH "REPORTING AND PAYMENT PERIOD";
AMENDING SECTION 10-109 ENTITLED "USE OF REVENUE DERIVED FROM
TAX"; BY ADDING LANGUAGE TO ENSURE COMPLIANCE WITH SECTION
351.103 OF THE TAX CODE; BY ADDING SECTION 10-110 ENTITLED
"CONFLICT OF LAWS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley 'laye", 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
authorizing the city Manager to execute a contract between the City
of Denton and Binkley & Barfield, Inc. for engineering services to
prepare construction plans, specifications, details, and special
provisions for Robertson/Bell bypass.
The following ordinance was considered:
NO. 96-137
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND
BINKLEY & BARFIELD, INC.; AUTHORIZING THE EXPENDITURE OF
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June 18, 1996
Page 13
FUNDS; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Brock 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.
C. The Council considered adoption of an ordinance
authorizing the City Manager to execute a contract with Binkley &
Barfield, Inc. for engineering services for the replacement of the
existing culvert on Kerley Street.
The following ordinance was considered:
NO. 96-138
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF DENTON AND
BINKLEY & BARFIELD, INC.; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Bile3 "aye", and Mayor Miller "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance adding
Section 18-13 to chapter 18 of the Code of Ordinances to prohibit
the operation of skateboards, roller skates, roller blades or other
similar devices on all sidewalks in the area surrounding the City
Square. (The Traffic Safety commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that one merchant on the
Square had raised a concern about roller blading in the Square
area. The Downtown Advisory Board, the Parking Committee and the
Traffic Safety Commission all recommended to not allow roller
blading in the downtown area. The front streets and back streets
of the Square would be included as well as 500 feet in all
directions from those streets.
Council Member Young asked how many businesses on the Square had
been contacted about this proposed ordinance.
Svehla replied that not all of the businesses had been contacted
directly. The Downtown Advisory Board was used for comments
regarding the proposal.
The following ordinance was considered:
NO. 96-139
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION
18-13 TO CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON TO PROHIBIT THE OPERATION OF SKATEBOARDS, ROLLER
SKATES, ROLLER BLADES OR OTHER SIMILAR DEVICES ON ALL
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June 18, 1996
Page 14
SIDEWALKS IN THE AREA SURROUNDING THE CITY SQUARE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING
FOR A PENALTY OF TWO HUNDRED DOLLARS FOR A VIOLATION OF THIS
ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Biles seconded to adopt the ordinance.
Council Member Krueger asked who brought up the problem and why.
Svehla replied that Mr. Thomas had brought up the issue as there
had been several near misses to his patrons.
Council Member Krueger asked how this was going to be patrolled.
Svehla stated that the parking enforcement officers and bicycle
officers would enforce the restrictions.
Council Member Krueger stated that he was opposed to creating a law
which was not controllable. He would not vote against the
ordinance but felt it was not enforceable.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
E. The Council considered adoption of an ordinance
designating and establishing a school safety speed zone for
Immaculate Conception Catholic School on both directions of Bolivar
Street from its intersection with Second street to its intersection
with Third Street; and reducing the maximum prima facie speed limit
for said school safety speed zones to twenty miles per hour during
certain hours. (The Traffic Safety Commission recommended
approval.)
The following ordinance was considered:
NO. 96-140
AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY
SPEED ZONE FOR IMMACULATE CONCEPTION CATHOLIC SCHOOL; REDUCING
THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY
SPEED ZONES TO TWENTY (20) MILES PER HOUR DURING CERTAIN
HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Krueger seconded to adopt the ordinance.
Mayor Miller stated that he had received Speaker Cards from Laura
and Tony LaBarbera and Gene and Vicky Herberger in favor of the
ordinance.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "ayes', Biles "aye", and Mayor Miller "aye". Motion
City of Denton City Council Minutes
June 18, 1996
Page 15
carried unanimously.
F. The Counicl considered adoption of an ordinance partially
vacating a certain public utility easement recorded in the Plat
Records of Denton County at Cabinet I, Page 118, as it pertained to
Lot 2R, Block A of the Bell Place Addition.
Frank Robbins, Director of Planning and Development, stated that
this easement was no longer needed. It was originally designed in
a planned development in which there would be multiple building to
use the line. The property was rezoned and the line was no longer
needed.
The following ordinance was considered:
NO. 96-141
AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT
RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT
CABINET I, PAGE 118, AS IT PERTAINS TO LOT 2R, BLOCK A OF THE
BELL PLACE ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye'O, and Mayor Miller "aye". Motion carried
unanimously.
The Council returned to Items 4.A. and 4.B.
4. Citizen Reports The regarding "Family Council
Connections" a acitizen report from n emergency runaway a s
shelter for
Denton County.
B. The Council received regarding "Family Connections" a an iemergencyo runaway shelter Rfor
Denton County.
Marcia Tester stated that she was in the process of developing a
runaway shelter in Denton County to provide emergency care for the
homeless and runaway teens. Currently they were looking for sites
and a non-profit status. The shelter was for short term emergency
care. They felt it was important for the community to establish a
curfew to help determine the runaways and homeless children who
needed help. She felt there was a need for this type of service.
Kelly Reny stated that their program had bein named as a recipient
for a benefit concert for the Oklahoma bombing victims. They were
looking to get about $1-2 million for this concert as well as
grants and corporation support. The site for the shelter would be
located in Denton County and perhaps in the Fry Street area.
Tester asked for community support for their project and invited
the community to help with the process.
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Page 16
The Council returned to the regular agenda order.
G. The Council considered adoption of an ordinance amending
Section 25-5 of the Code of Ordinances of the City of Denton to
eliminate the requirement that persons soliciting charitable
contributions on the public streets or roadways shall not walk on
the main travelled portion of the roadway for the purpose of
soliciting funds.
City Attorney Prouty stated that approximately a year ago the
council amended the City code to incorporate the Council's
authority under a State statute to authorize charitable
(solicitations on the roadway. At that time, the council placed a
number of restrictions on the solicitations. One of those was that
anyone soliciting for a charity in the public streets could not
walk on the main travelled portion of the roadway. This proposed
ordinance would eliminate that requirement. Due to a recent
Attorney General's opinion requested by the City, the staff felt
that there was a high risk that even the current ordinance could be
held unconstitutional because it did not allow non-charities to
solicit in the roadway.
The following ordinance was considered:
NO. 96-142
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5
"SOLICITING BUSINESS OR CHARITABLE CONTRIBUTIONS" OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON TO ELIMINATE THE
REQUIREMENT THAT PERSONS SOLICITING CHARITABLE CONTRIBUTIONS
IN THE PUBLIC STREETS OR ROADWAYS SHALL NOT WALK ON THE MAIN
TRAVELLED PORTION OF THE ROADWAY; PROVIDING FOR A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00), OR SUCH A FINE AS IS SET BY SECTION
552.007(a) OF THE TEXAS TRANSPORTATION CODE FOR VIOLATIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Cott seconded to adopt the ordinance.
Ken Gold stated that this ordinance would eliminate the portion of
the ordinance which prevented an individual from collecting funds
from the streets. They had been discussing this item for five
years. There was not a problem with this in any other city in
Texas and he would make sure it would work.
Council Member Cott stated that this was a different type of
profession and part of getting paid for the job was the reason
there was this need.
On roll vote, Beasley "aye", Brock 'laye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
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Page 17
9. Resolutions
A. The Council considered approval of a resolution amending
Policy No. 144.01 "Solicitation in City Facilities" of the
Personnel Policies and Procedures Manual of the City of Denton to
provide for solicitation for United Way and the "Fill-The Boot"
campaign by City employees on City time and/or in uniform.
City Attorney Prouty stated that were three alternate resolutions
for Council consideration. The current resolution presented to
Council did not allow charitable solicitation by employees while on
duty unless it was allowed by the City Manager as an exception
which was usually reserved for hardship cases. The first
resolution was the one which the majority of the Council requested
which allowed city employees to solicit charitable contributions
both on or off duty subject to Section 25.5 for only two charities,
United Way or Fill-The-Boot. The second resolution would allow the
same type of solicitation for those same two charities except only
in uniform and not in duty. The third resolution was prepared by
the Legal Department because of the concern that by just limiting
it to only two charities and not having restrictions on the hours
that employees could solicit on duty might create problems. The
first alternative would allow charitable contributions in uniform
only but allow employees to solicit for all charities. The second
alternative would allow solicitation for charitable contributions
both on duty and in uniform for all charities but would provide for
a limit of no more than 24 total on-duty hours per any calendar
year.
Ken Gold stated that he recommended soliciting on-duty and in
uniform.
Council Member Biles asked how long the campaign lasted.
Gold replied that it was for a hours a day for three days at least
once a year.
Mayor Pro Tem Brock asked how the City Manager felt about
solicitation by ail city employees for all charities.
City Manager Benavides stated that he did not particularly like it
but it was the only safe thing to do according to the City
Attorney.
Mayor Pro Tem Brock asked for the Fire Chief's opinion about fire
fighters soliciting in uniform and on duty.
Ross Chadwick, Fire Chief, stated that he had been involved with
three fire departments and it had been the standard practice in all
of them to Fill-The-Boot in uniform and on duty. Chief Jez and he
had talked about this practice and neither had a problem while on-
duty. Chief Jez was concerned that if a police officer would
solicit charitable contributions with a badge and gun, it might be
perceived as a threat.
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June 18, 1996
Page 18
The following resolution was considered:
NO. R96-026
A RESOLUTION OF THE CITY OF DENTON AMENDING POLICY NO. 114.01
"SOLICITATION IN CITY FACILITIES" OF THE PERSONNEL POLICIES
AND PROC7DURES MANUAL OF THE CITY OF DENTON TO AUTHORIZE
CHARITABLE SOLICITATION BY CITY EMPLOYEES IN UNIFORM AND ON
DUTY FOR SOLICITING CONTRIBUTIONS FOR THE UNITED W'v AND FOR
THE "FILL-THE-BOOT" CAMPAIGN; AND PROVIDING AN EFFECCIVE DATE.
Biles motioned, Young seconded to approve the resolution with the
following changes: insert the conditions that no City employee
would be allowed to solicit charitable contributions on-duty for
more than 24 hours during one calendar year, no city employee would
be authorized to solicit charitable contributions on-duty when it
interfered with that employeefs regular duties or functions, and in
soliciting charitable contributions on-duty, the city employee
would comply with all other applicable sections of the Code of
Ordinances of the City and all other city policies, procedures and
regulations. He felt it was important to add these conditions as
the Council had a duty to the taxpayers to know that the employees
would not be doing this for a long period of time.
Mayor Miller stated that he was against the motion. He felt that
Council had a responsibility that when employees were getting paid,
they should be on the job. He had had calls from taxpayers who
supported this up to the point of doing it on city time.
Mayor Pro Tem Brock sta*~ed that she would support the option of
soliciting in uniform but not on-duty. She had a concern about
having fire fighters or any City employees doing something other
than what the taxpayers were paying them to do.
Council Hember Beasley understood that this was done in many places
while on-duty but felt that taxpayers wanted the fire fighters to
be on-duty.
Council Member Krueger stated that this was not the first time City
employees solicited on duty for contributions. Other employees
solicited for United Way while on-duty.
Mayor Miller stated that the difference between the United Way and
Fill-The-Boot was that the United Way was only for City employees.
Fill-The-Boot was from the public.
On roll vote, Beasley "nay", Brock "naylt, Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "nay". Motion
carried by a 4-3 vote.
10. The Council considered nominations/appointments to the City's
Boards and Commissions.
A. The council considered the nomination of Juanita Johnson
to the Denton Development Policy Committee.
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June 18, 1996
Page 19
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
B. Nomination to the Keep Denton Beautiful Board.
There was no nomination from Council Member Krueger.
C. The Council received a nomination from the City Manager
to the Civil Service Commission.
City Manager Benavides recommended Dennis Stephens to the Civil
Service Commission.
D. The Council considered nominations to various City
Boards/Commissions.
The Council nominated individuals to the various Boards/Commissions
as indicated in Attachment A.
Council Member Biles indicated that as the Council had still not
addressed the issue concerning the number of board appointments per
Council Member, he was not prepared to move forward on the item at
this point in time.
11. The Council received an update from Municipal Judge Ramsay
regarding Municipal Court and a recommendation to consider the
appointment of an Assistant Municipal Judge.
Judge Ramsay presented a recommendation regarding the appointment
of three Assistant Municipal Judges. A committee was formed to
review applicants and to hold interviews with the candidates. The
recommendation was a change in the policy from a 20 hour permanent
part-time position which would remain unfilled. The job would not
be eliminated but would remain unfilled. At the current time there
was no active back-up for any of the judges in the City and there
was a need for at least one back-up for the Courts. He was
proposing to hire three individuals for Assistant Municipal Court
Judges - David Garcia, Erlene Murphy and Kim Cawley.
Biles motioned, Young seconded to approve these three nominations.
Mayor Miller indicated that an ordinance and contracts would be
drawn up to formalize the appointments.
Judge Ramsay indicated that he could not offer the positions but
needed Council approval to do such.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles tlaye", and Mayor Miller "aye". Motion
carried unanimously.
12. The Counicl received a report and held a discussion regarding
the proposed 1996-2001 Capital Improvement Program.
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Page 20
Jon Fortune, Chief Finance Officer, stated that the 1996-2001
Capital Improvement Program was unanimously recommended by the
Planning and Zoning Commission. The Planning and Zoning Commission
included a comment that Council consider increasing funding for
future drainage maintenance. He reviewed the recommendations for
the general government projects as presented in the back-up
materials and in particular the fifth year of the proposal.
Howard Martin, Director of Environmental Operations, presented the
utility projects which were included in the proposed CIP program.
This program had been reviewed by the Public Utilities Board and
was recommended for approval. He reviewed a summary of the
electric projects, projects for the Water Department, the
wastewater system, solid waste, and fleet services.
13. Vision Update
Mayor Miller stated that the Vision Play Group would be meeting
this week.
14. Miscellaneous matters from the City Manager.
There were no items from the City Manager.
15. There was no official action taken on Closed Meeting Items
discussed earlier.
16. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Biles requested an agenda item to discuss
the number of appointments to each board per council member.
Mayor Miller stated that Council would be considering that issue
during the Planning session as it was not possible to complete the
process for this year's appointments.
B. Council Member Krueger requested a variance from Section
16-129 and 16-130 of the Code of Ordinance to go back to the
Planning and Zoning Commission for review. This would be for a
variance for WW Motors on Barthold Road.
17. The Council held a continuation of the Closed Meeting to
discuss the following:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
No formal action was taken during the Closed Meeting.
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City of Denton City Council Minutes
June 18, 1996
Page 21
With no further business, the meeting was adjourned.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO031A
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CITY OF DENTON CITY COUNCIL MINUTES
June 25, 1996
The Council convened into a Closed Meeting on Tuesday, June 25,
1996 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Cott, Krueger, and Young.
ABSENT: Council Member Biles
1. The Council considered the following in a 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 Texas Instruments
Addition, Lot 1, Block 1.
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 Texas Instruments
Addition, Lot 1, Block 1.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, June 25, 1996 {
at 7:00 p.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Cott, Krueger, and Young.
ABSENT: Council Member Biles
1. The Council received a report, held a discussion and gave
staff direction with regard to the following annexation studies:
A. 96.85 acre tract located north of Mingo Road and west of
Cooper Creek Road.
B. 29.115 acre tract located north of Blagg Road and east of
Geesling Road.
C. 29.046 acre tract located north of Hickory Hill Road and
east of FM 1030.
D. 110 acre tract located on the southeast corner of FM 156
and US Highway 380.
Harry Persuad, Senior Planner, stated that the Subdivision
Regulations required that staff prepare annexation studies when
certain developments were proposed in the City+F extraterritorial
jurisdiction. Also if a land owner applied to the City for
a
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City of Denton City Council Minutes
June 25, 1996
Page 2
annexation, the regulations required that the staff prepare the
same annexation study and bring those findings to Council for
determination on whether or not to proceed with annexation.
A. 96.85 acre tract located north of Mingo Road and west of
Cooper Creek Road.
Persuad stated that this case involved 96 acres located north of
Mingo Road and west of Cooper Creek Road. The entire tract owned
by EDS was approximately 240 acres. Pert of that tract was located
in the City limits. The other area was outside the City limits and
EDS was proposing to annex that tract into the city for possible
future development. The Cooper Creek United Methodist Church would
also be brought into the City limits. There were existing water
lines and sewer lines in the area with a proposal in the future for
a major wastewater line along Loop 288 and Mingo Road. Factors in
favor of the annexation included the facts that EDS had requested
annexation, that the location was in close proximity to the built
up areas of Denton, public safety response time was reasonable and
water and wastewater services were in close proximity. Factors
against the annexation included that the tract might not develop in
the short term while the City would have to maintain the roads at
approximately $4-7000 per year. Staff was recommending to proceed
with this annexation.
Council Member Young asked what EDS planned to build on the site.
Persuad stated that EDS was proposing a mixed use development to
include residential and commercial type uses,
Council Member Young asked how the neighbors felt about the
proposed annexation.
Persuad stated that the first step was to find out whether this was
something the city should do. After that, public hearings would be
held for public input.
Council Member Young asked about the First United Methodist Church.
Persuad replied that staff would inform the church of the possible
annexation if Council decided it wanted to proceed with the
annexation. They could participate in the public hearing. If
there was a problem and if Council felt, at a later point, that the
Church should not be included, it could be excluded at a later
date. The annexation would not harm the church as they were non-
exempt in terms of City taxes.
Consensus of the Council was to proceed with this annexation and go
on to the next step including the church area.
H. 29.115 acre tract located north of Blagg Road and east of
Geesling Road.
City of Denton City Council Minutes
June 25, 1996
Page 3
Persuad stated that this was a 29 acre tract located north of Blagg
Road and east of Geesling Road. The developers of this tract had
received a final plat approval for seven single family lots on the
site. At the time of final plat approval, they also received a
variance on the paving and sidewalk requirements on Blagg Road.
Two lots currently had homes built on them. Blagg Road was
currently maintained by the County. The proposed annexation was to
not include Blagg Road. Factors in favor of the annexation
included the facts that there was no immediate cost to the City,
the County maintained Blagg Road, the estimated tax benefit was
$2,035 per year, the tract was part of a large donut hole and
public safety response time was reasonable. Factors against the
proposed annexation included the facts that water and wastewater
lines were 6,000 feet and 5,500 feet from site and ultimate
repaving Blagg Road could be costly.
Council Member Krueger stated that staff had indicated the
possibility that Blagg Road might cost the City money but Blagg
Road was maintained by the County.
Persuad stated that in the short term there would be no immediate
cost to the City. In the future Blagg Road might have to be
repaved to City standards. If that area were annexed into the
City, the City would have the responsibility for maintenance of the
road.
Council Member Young asked about water and sewer in the area.
Persuad replied that the homes would have to provide their own
water and septic tanks.
Council Member Young asked about police and fire protection.
Persuad replied that police services were available within 7.5
minutes and fire within 8 minutes. The staff recommendation was to
annex the area but to not annex Blagg Road.
Consensus of the Council was to proceed with the next step of
annexation.
C. 29.046 acre tract located north of Hickory Hill Road and
east of FM 1830.
Persuad stated that staff was not recommending annexation for this
area. The site was isolated from the built up areas of the City,
public safety response time would be high, the site was not
contiguous to the City limits, there would be higher costs to
provide city services to the area and the water and wastewater
lines were far from the site. Consideration of this annexation was
due to the development in the area per City regulations.
Consensus of the council was to not consider annexation.
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June 25, 1996
Page 4
D. 110 acre tract located on the southeast corner of FM 156
and US Highway 380.
Persuad stated that this was a 110 acre tract located on the
southeast corner of FM156 and US Highway 380. The proposal was for
a single family large lot subdivision. A major concern of staff
was the commercial development along US Highway 380 which was a
major entrance into the City. If the area was not in the City
limits and development took place in the area, the City could not
regulate development in terms of landscaping and building
development. Factors in favor of the annexation included the facts
that the City could regulate development along the entranceway and
it was easier to annex one large tract before development. Factors
against annexation of the tract included the facts that it was
isolated from the City's built up area, public safety response time
was high, higher costs to provide city services to the area, and
water and wastewater lines were far from the site. Staff was not
recommending annexation at this time.
Consensus of the Council was to not proceed with this annexation.
2. The Council held a discussion regarding the nomination process
for the City's Boards and Commissions.
Mayor Miller stated that Council Member Biles had requested this
item be placed on agenda but he was not at the meeting duo to an
illness.
Council Member Krueger asked that the item be delayed for one week
or considered during the Council's planning session at the end of
the week.
Krueger motioned, Young seconded to postpone the agenda item until
the Planning Session or until the next meeting. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye",
and Mayor Miller "aye". Motion carried unanimously.
Following the completion, of the Work Session, the Council convened
into a Special Call Session to consider the following:
1. The Council considered adoption of an ordinance declaring a
public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a fee simple
interest in 1.822 acres of land located in the Gideon Walker
Survey, A-1330, owned by James L. Brockie; authorizing the City
Manager or his designee to make an offer to purchase the property
for its fair market value and if such offer is refused, authorizing
the City Attorney to institute a condemnation proceeding for the
public purpose of acquiring such property for the expansion of the
City's landfill.
Bob Nelson, Executive Director for Utilities, stated that this was
a 1.82 acre tract of property located on southeast corner of the
proposed new landfill. This tract was necessary to provide a
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City of Denton City Council Minutes
June 25, 1996
Page 5
drainage pond for the runoff water from the area. The City had
been in negotiations with Mr. Brockie and was not able to reach an
agreement at this point in time.
The following ordinance was considered:
NO. 96-143
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A FEE SIMPLE INTEREST IN 1.622 ACRES OF LAND
LOCATED IN THE GIDEON WALKER SURVEY, A-1330, OWNED BY JAMES L.
BROCKIE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE
AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE
AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER
TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
ACQUIRING SUCH PROPERTY FOR THE EXPANSION OF THE CITY'S
LANDFILL; AND DECLARING AN EFFECTIVE DATE.
Krueger motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
2. The Council considered approval of a resolution recommending
the creation of a County Development District by Denton County
pursuant to Chapter 312, Texas Tax Code relating to approximately
285.67 acres with the Texas Instruments Addition, Lot 1, Block 1 of
the City of Denton for the purpose of promoting economic
development.
Betty McKean, Executive Director for Economic Development and 1
Municipal services, stated that this item was on Council's agenda
at the request of the County Commissioner's court in support of a
county development district. This item was also on the agenda for
the DISD and who was considering a similar resolution. This
resolution came as a result of a request and a petition by Texas
Instruments to the Commissioner's Court asking them to create a
county development district. If approved at a public hearing held
by the Commissioners in July, the Commissioners would appoint five
directors.
The following resolution was considered:
NO. R96-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
RECOMMENDING THE CREATION OF A COUNTY DEVELOPMENT DISTRICT BY
DENTON COUNTY PURSUANT TO CHAP'T'ER 312, TEXAS TAX CODE RELATING
TO APPROXIMATELY 285.67 ACRES WITH THE TEXAS INSTRUMENTS
ADDITION, LOT 11 BLOCK 1 OF THE CITY OF DENTON FOR THE PURPOSE
OF PROMOTING ECONOMIC DEVELOPMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
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June 25, 1996
Page 6
Young motioned, Brock seconded to approve the resolution. On roll
vote, Beasley 'laye", Brock flaye", Cott ''nay0l, Krueger f'aye'l, Young
"aye", and Mayor Miller "aye". Motion carried with a 5-1 vote.
3. The Council considered nominations/appointments to the city's
Boards and Commissions.
Council Member Krueger stated that because of the nature of
Councill's future discussions on the boards and commissions, he
prepareddtoovotenieitherafore or against, the nominations made not
this point in time.
Krueger motioned, Young seconded to postpone the item until next
Tuesday.
Mayor Miller stated that under the Council procedures, council
could vote on the nominations which were made at the last meeting.
The earliest the nominations made at the July 2nd meeting would be
July 9th. That would cause the process to be very late.
Council Member Krueger felt that he was not prepared to make any
further nominations until after the discussion on the process.
Mayor Pro Tem Brock asked if the people already nominated would be
in question. Was the purpose of the delay to keep them from being
approved.
Council Member Krueger stated no, not on his part.
Mayor Pro Tem. Brock asked why the Council could not vote on the
people who were nominated last week.
Council Member Krueger wanted to look at each individual
board/commission before voting on nominations. He wanted to do the
whole process at one time rather than in pieces.
Mayor Pro Tem Brock stated that if the purpose of the discussion
was to add more members to some boards, any change would be to
expand rather than contract those boards/commissions.
Council Member K
nine rueger might want toreduce that that
boIf a ard to board seven had
memberserather
than go to 14 members.
Council Member Beasley had a problem as she had nominated
individuals and when the issue first came up, it was stated that
the Council would follow a time line but discuss the process at the
planning session. She had already started contacting her
appointees. Last week, when she was prepared to make her
nominations, the process which had been decided on at a previous
meeting, was changed. She felt an obligation to the people she
nominated that they would be on those committees.
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June 25, 1996
Page 7
Council Member Cott felt that there was a basic feeling on Council
that there was an inequity on the type of board certain Council
Members have nominations for.
Mayor Miller recalled a conversation that Council could make the
nominations and appointments now and then if the size of the boards
were increased, make interim appointments. He suggested that
Council vote on those individuals nominated but make no further
nominations until the next process.
Council Member Krueger withdrew motion.
The Council voted on the nominations made at the last meeting.
Airport Advisory Board - Terry Garland and Jim Risser. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
Faye", and Mayor Miller "aye". Motion carried unanimously.
Building Code Board - Steve Kniatt, Mary McCain, and Ken Dobias.
On roll vote, Beasley "aye"; Brock "aye", Cott "aye", Krueger
"aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Cable Television Advisory Board - Mark Burroughs. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye",
and Mayor Miller "aye". Motion carried unanimously.
Community Development Advisory Committee - Peggy Fox, Jean Ellen
Rogers and Ann Hatch. On roll vote, Beasley "aye", Brock "aye",
Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor
Miller "aye". Motion carried unanimously.
Downtown Advisory Board - Joy Williams and Bette Sherman. On roll JJ
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young 1
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
Human Services Committee - Carol Brantley. on roll vote, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
Keep Denton Beautiful Board - Gayla Robles and Vera Laney. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
Library Board - Kjell Johansen. On roll vote, Beasley "aye", Brock
"aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller
"aye". Motion carried unanimously.
Parks and Recreation Board - Annie Burroughs. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye",
and Mayor Miller "aye". Motion carried unanimously.
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City of Denton City Council Minutes
June 25, 1996
Page 8
Planning and zoning commission - Ellen Schertz. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye",
and Mayor Miller "aye". Motion carried unanimously.
Plumbing and Mechanical Code Board - Millard Heath and Lee Capps.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Public Utilities Board - Bill Giese. On roll vote, Beasley "aye",
Brock "ayelt, Cott "aye", Krueger "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
Sign Board of Appeals - Mike Wiebe. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
Traffic Safety Commission - Greg Sawko. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
Civil Service Commission - Dennis Stephens. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and
Mayor Miller "aye". Motion carried unanimously.
Denton Housing Authority - Tony Soto and Bob Crouch. On roll vote,
Beasley "aye", Brock "aye'f, Cott "aye", Krueger "aye", Young "aye",
and Mayor Miller "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 8:20 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO031E
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CITY OF DENTON CITY COUNCIL MINUTES
July 2, 1996
The council convened into a Closed Meeting on Tuesday, July 2, 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. 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 Texas Instruments Addition, Lot 1, Block
1.
2. Considered selection of five individuals 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, et al., and determine the City's representative in the
franchise fee dispute litigation.
3. Deliberated and considered 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. Considered further
settlement negotiations with Plaintiff's and final settlement
authority on this case.
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 Texas Instruments Addition, Lot 1, Block
1.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Deliberated and considered 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.
The Council convened into a Regular Meeting on Tuesday, July 2,
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.
City of Denton City Council Minutes
July 2, 1996
Page 2
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U.S. and Texas flags.
2. Considered approval of the minutes of June 4 and June 11,
1996.
Young motioned, Beasley 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.
Mayor Miller presented Yard of the Month awards to:
Safety Kleen Corp.
Good Samaritan Village
Mike & Janelle Harding
Jean & Alex Finley
First State Bank
3. Citizen Reports
A. The Council received a citizen report from Greg Sawko
regarding the Kiwanis Fire Works Display.
Greg Sawko, 1100 Pennsylvania Drive, stated he was speaking on
behalf of the Kiwanis Annual Fourth of July Fireworks show
benefitting the Kiwanis Children's Clinic. The Clinic, in
cooperation with local doctors, dentists, and pharmacists provides
needed medical services for children in Denton who could not
otherwise afford such care. Funds raised from the Fourth of July
Fireworks show pay for the services. He stated that the annual
display was scheduled for July 4th at 7:30 p.m. at UNT Fouts Field
and was partially sponsored by Ben E. Keith. Mr. Sawko encouraged
all citizens of Denton to attend.
Council Member Young questioned if any arrangements had been made
to provide tickets to those unable to pay the admission price.
Mr. Sawko stated that many citizens enjoyed the annual display from
the grounds surrounding Fouts Field and knew hundreds of tickets
had been given away. Sawko stated further efforts would be
considered for next year.
Council Member Brock questioned if the Kiwanis would solicit
donations from those enjoying the fireworks from the surrounding
grounds.
Sawko stated the bucket brigade would be done for donations for
those enjoying the program from the surrounding grounds.
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City of Denton City Council Minutes
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Page 3
B. The Council received a citizen report from Mary Horn
regarding tax collection for the City of Denton.
Mary Horn, Denton County Tax Assessor/Collector and resident of
Denton, stated that she was speaking on behalf of the possibility
of County taking over tax collection for city. Ms. Horn provided
a thumbnail sketch of the contract which called for a 55 cent per
statement charge for statements mailed in October; a January
reminder notice sent at no charge; State Law required delinquent
notices be sent in May at an additional 55 cent charge; and an
optional March notice which would cost the price of first class
postage. The contract specifically allowed the city to contract
with whatever delinquent tax attorney the city desired. Ms. Horn
stated that in the past three years the County Tax Office had taken
over collection for 30 entities in Denton County. All had realized
a tax dollar savings in the first year. The City of Flower Mound
saved about $14,000 the first year and the City of The Colony
realized the same savings. Denton and Lewisville Independent
School Districts realized savings of about $30,000 a piece the
first year and every year thereafter. With the exception of about
three entities, all of the entities enjoyed an increase in their
collection rate. Ms. Horn attributed the increased collection rate
not only to better economic times, but also the consolidated tax
statements. Consolidated statements provided all costs to be
itemized out and the requirement to send one check to one place.
The 55 cent charge for the service had been at that level for years
and no increase in fees was seen in the foreseeable future. State
law stipulated that the rate could not increase unless costs
increased which Ms. Horn did not anticipate happening. The printed
tax statement was printed according to State law which dictated how
it should be printed. Each entity was listed, all exemptions for
the entity were itemized out; tax rates for the entities and the
total for each entity were listed with a grand total at the bottom.
Ms. Horn provided a list of all of the 38 jurisdictions that Denton
County provided service to at the present time. Ms. Horn stated
that by State law any jurisdiction which had a sale3 tax that was
designated to reduce the ad valorem taxes was required to print on
each individual statement a line which indicated how much the
individual taxpayer was saving because of the sales tax. To comply
with the law, the consolidated tax statement currently used by
Denton County would need a slight modification which could be done
but not for the 1996 tax year. Because of the needed tax
statement modification, Ms. Horn requested the City Council to
further study the proposal and make a decision by the end of 1996.
During a six month period of prime tax collection time, the City
would have daily deposits to their primary depository.
Council Member Young asked how many people worked in Ms. Horn's
office.
Ms. Horn stated that the Denton office was one of four throughout
the County in which she had approximately twenty-five employees,
but only seven were dedicated to tax.
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City of Denton City Council Minutes
July 2, 1996
Page 4
Council Member Young stated that he had pushed for minority
participation since he had become a member of Council and was sad
to see that there were no Afro Americans on her staff.
Ms. Horn stated that she had one Afro American staff member.
Council Member Y(.,ing stated that Ms Horn needed more diversity in
her department.
! Ms. Horn stated she would take the request back to the County and
stated she had one Hispanic and one Afro American employee in the
County Tax Office.
Mayor Miller stated that council would have staff review the
proposal and get back with her.
C. The Council received a citizen report from Cecil Jones
regarding overhanging tree limbs on his property.
Mr. Jones was not present at the meeting.
D. The Council received a citizen report from R. L. Hight
regarding overhanging tree limbs on his property.
Mr. Hight was not present at the meeting.
E. The Council received a citizen report from Jeff Smith
regarding amending City ordinances dealing with types of animals
allowed within the city limits.
Mr. Smith was not present at the meeting.
4. Public Hearings
A. The Council held a public hearing and considered 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 recommended approval
7-0.)
Harry Persaud, Senior Planner, stated that the city mailed 23
notices to property owners within 200 feet of the property and
received four replies in favor and one opposed. Mr. Persaud stated
that in 1979 the tract of land was zoned SF7. In 1995 while
reviewing zoning maps to input in the GIS system, staff discovered
a triangle between the corner of Windsor and Westgate which had
been left out and showed as zoned agriculture. The zoning case was
to rezone that tract of land so it would be consistent with zoning
in the area.
The Mayor opened the public hearing.
No one spoke during the public hearing.
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City of Denton City Council Minutes
July 2, 1996
Page 5
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-144
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CH.kNGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF-
7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.58
ACRr'S 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 VIOLATION
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Krueger seconded to adopt the ordinance. On roll
"aye", ote, Beasley "a e"Brock "aye", Cott "aye", Krueger "aye", Young
Bilea "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered 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 recommended approval 5-0.)
Harry Persaud, Senior Planner, stated that six notices were mailed
to property owners within 200 feet of the property and three were
returned in favor. Mr. Persaud stated that in 1986 PD-117 zoned
the tract of land for cluster housing, patio homes, and general
retail. The proposal was to rezone the property to SF7. By
I rezoning the property, 160 units would be in the City reduced from
469 units and the commercial and general retail zoning in the
original PD. Some discussion by the property owners in regard to
some land swapping between the City of Denton and the City of
Corinth had occurred, but the Council was only being asked to zone
the property SF7 which was consistent with the Denton Development
Plan.
Wayne Cooper, Planning Manager for USA Engineering, 8700 Stamens
#400, Dallas, Texas, which represented Mr. & Mrs. Mitchell the
petitioner stated he was available for any questions.
Council Member Young asked what size and price were the proposed
homes.
Mr. Cooper stated that they were still working with some
homebuilders on the actual sizes of the homes but anticipated they
would cost approximately $120,000.
The Mayor opened the public hearing.
No one spoke at the public hearing.
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City of Denton City Council Minutes
July 2, 1996
Page 6
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNING DEVELOPMENT 117 (PD-117) ZONING DISTRICT
CLASSIFICATION 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, APPROXIMATOLY 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.
Biles 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.
C. The Council held a public hearing and considered 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 recommended
approval 7-0,)
Harry Persaud, Senior Planner, stated that thirty-three notices
were mailed to property owners within 200 feet of the property and
two were received in favor; two opposed; and two undecided. Mr.
Persaud stated that when PD155 was approved in 1995 the developer
showed detailed building footprints on the site plan. At the time
of development, the developer was restricted as to the flexibility
in terms of where the building footprints were, even though the
development standards had set out the setbacks, size of lots,
etcetera. The amendment proposal was reviewed, and Mr. Persaud
stated that the development standards were not changed. The site
plan would be changed so that it would not show the specific
building footprints, but instead an area which would be buildable.
The amendment would give the developer the flexibility to build
within the available area. The second change on the site plan
addressed the perimeter fence around the property which stated it
was a wrought iron fence. The developer changed that to a six foot
wood fence. The third change addressed the provision that the
fence would be two feet from the property line. In light of work
done in the area by GTE, the developer was requesting a change to
a minimum of two feet to allow flexibility to move the fence to
three or four feet depending on obstructions.
The petitioner did not speak
The Mayor opened the public hearing.
City of Denton City Council Minutes
July 2, 1996
Page 7
No one spoke at the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-146
A
95-018 BY N ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
APPROVING DEVELOPMENT 155(pD 55RE ZONING DETAIL DISTRICT CLASSIFICATION D
AND
USE DESIGNATION, 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 $2,000.00 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Biles seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Bilea "aye", and Mayor Miller "aye". Motion carried
unanimously.
5. Consent Agenda
Biles motioned, Brock 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 #1898 - Diesel Generator - 20KW
2. RFSP #1903 - I.E.D. Electric Meters
3. Bid #1905 - Power Transformer
4. Bid #1913 - Automatic Transfer Switchgear
5. Bid #1912 - Annual Contract for sale of scrap
electric wire and scrap metal
6. P.O. #65795 - IBM Corporation - GIS hardware
upgrade
7. Change Order - PO #64553 - Scripture Street 201' and
8" water line
B. Tax Refunds
1. Durwood B. Bradshaw, Jr. - $1,320.46
6. Consent Agenda Ordinances
Beasley motioned, Biles seconded to adopt the Consent Agenda
ordinances 6.A., 6.B., and G.C. 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
July 2, 1996
Page 8
A. NO. 96-147
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. (5.A.1. - Bid #1898, 5.A.2.
- RFSP #1903, S.A.3. - Bid 1905, 5.A.4. - Bid #1913, 5.A.5. -
Bid 1912)
B. NO. 96-148
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. (5.A.7. - P.O. #64553)
C. NO. 96-149
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; AND PROVIDING AN EFFECTIVE DATE. (5.A.6. - P.O. #65795)
7. Ordinances
A. The Council considered 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.
{
Rick Svehla, Deputy City Manager, reported that the contract
authorized the City Manager to enter into an agreement with TXDOT
for the purchase of controllers and the cards which go in
controllers. The contract allowed the City to buy the controllers
and specify that the controller be compatible with the City's
system. TXDOT would reimburse the City 50. The City could enter
into the contract under the Congestion Mitigation/Air Quality
funding program with TXDOT.
Council Member Beasley stated that the backup showed total
expenditure of $17,200 anti questioned whether that was the City's
46k or the total cost.
Mr. Svehla stated that $17,200 was the total amount and TXDOT would
fund 54k of that expenditure.
The following ordinance was considered:
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City of Denton city council minutes
July 2, 1996
Page 9
NO. 96-150
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.
Beasley motioned, Biles seconded to adapt 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 considered 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.
Joseph Portugal, Assistant to the City Manager, stated that the
ordinance authorized the City Manager to execute an easement with
Lone Star Gas to provide gas distribution lines and service to
interested tenants at the airport. Mr. Portugal stated the
agreement was important for the economic viability of the airport
and what the airport meant to the City and would serve as a
catalyst for economic development at the airport.
The following ordinance was considered:
NO. 96-151
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.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye's, Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
C. The Council considered 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.
Bob Nelson, Executive Director for Utilities, stated that the piece
of property had been presented to Council last week and staff asked
permission to secure the property by process of eminent domain.
Since last week negotiations had taken place between RED
Development and Mr. Brockie. RED purchased the property and came
to the city and expressed interest in selling the property to the
city at the price offered to Mr. Brockie of $100,000.
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July 2, 1996
Page 10
The following ordinance was considered:
NO. 96-152
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 EXPANSION; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles 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.
D. The Council considered 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.
Rick Svehla, Deputy City Manager, stated that the contract with
Teague, Nall, and Perkins provided a drainage study for the
downtown area as part of CIP program for the first year as
recommended by the Oversight Committee and also added on to the
contract to have Teague, Nall, and Perkins look at second detention
pond in South Lakes Park. The second detention bond project was a
couple years out in CIP plan but the City would garner an economy
of scale since Teague, Nall, and Perkins bid the original analysis
for the first detention pond. The Oversight Committee also
reviewed the proposal to add the second detention pond at South
Lakes Park and recommended approval. +
Council Member Young questioned where Pecan Creek started and ended
for the drainage project for downtown.
Svehla stated that the project ended at about Fred Moore Park and
started by Crescent and Carroll.
The following ordinance was considered:
NO. 96-153
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF D£NTON AND
ANDGSOUTH ALLAKES PARKKDETENTION/RECREATION POND; ZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Young motioned, Biles 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.
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City Of Denton City "ouncil Minutes
July 2, 1996
Page 11
8. Resolutions
A. The Council considered approval of a resolution
w 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.
Richard Foster, Public Information Officer, stated that the
resolution approved the rates for the basic level of programming
services, the associated equipment, and the hourly service charge
for Marcus Cab1E through May of 1997.
The following resolution was considered:
R96-027
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;
ORDERING REFUNDS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Krueger motioned, Biles seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
9. The Council considered 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.
Harry Persaud, Senior Planner, stated that following Council
direction from June 25th, Staff prepared the following annexation
schedule which set out the dates of the public hearings for both of
the annexations. Mr. Persaud stated that at a Special Call Meeting
on September 10th when Council initiated annexation proceedings and
on October 15th when Council would adopt the ordinances six out of
seven votes would be needed to approve the annexations.
Krueger motioned, Brock seconded to approve the annexation schedule
for public hearings as proposed. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Krueger "aye", Young "aye", Bilea "aye",
and Mayor Miller "aye". Motion carried unanimously.
10. The Council considered and took 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.
Jerry Cott left the meeting at 7:55 p.m.
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Page 12
Herb Prouty, City Attorney, stated that shortly after appointments
were made to the Board of Directors of the Economic Development
Corporation, Mr. Prouty raised an issue that several members of the
Board whose firms were engaged in various business transactions
with the City might have conflict of interest either under Section
14.04 of the City Charter or Section 2-62 of the City Code. The
Sections prohibited officers and employees, and in the case of the
City Code Board and Commission members, from being financially
interested in contracts with the city and purchases or sales of
goods and cervices with the City. Mr. Prouty stated that the issue
was very complex and a number of hours were spent researching the
issue.
Mr. Prouty stated that the Charter provision which spoke only to
employees and officers of the City was, in Mr. Prouty's opinion,
that Board Members did not have a conflict of interest because they
were neither officers or employees under 14.04 of the City Charter.
The Board Members were not employees of the City and were not paid
a salary. Mr. Prouty's research focused on whether or not the
Board Members were considered officers by researching Attorney
General Opinions and case law. Mr. Prouty stated that based on a
number of tests which he looked at and based his decision which was
that the Board Members were not officers and did not have a
conflict.
7:58 Jerry Cott returned to the meeting.
Mr. Prouty explained the two most important tests used in
determining the answer to the question. The first test was the
Aldine Independent School District test which was the basic test
utilized to determine whether a person serving on a board,
commission or other governmental entity was an officer. The test
determined whether the board or board member exercised any I
sovereign function of municipal government not subject to the
control of the governing body. Mr. Prouty found that the EDC
Board does not exercise any sovereign function of municipal
government; hence, Section 22 of the Development Corporation
prohibited the city from delegating any sovereign functions of
municipal government to them. The second item that Mr. Prouty
looked at closely was that officers under the various tests in the
law must have a fixed term and could only be removed for cause as
set forth in their statute or some other piece of legislation. The
EDC Board members have terms but the Attorney General ruled that
the Board Members were not fixed because the EDC Board served at
t%e pleasure or will of the City Council. Mr. Prouty stated that
under that test the EDC Board Members were not officers. Based on
the two tests, Mr. Prouty ruled that the EDC Board Members were not
officers or employees and therefore not subject to the conflict of
interest provision.
Mr. Prouty stated the other section to be reviewed was Section 2-62
of the City Code. Section 2-62 had much broader language because
the section does not talk about officers or employees but talked of
board and commission members, and instead of talking about a board
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City of Denton City Council Minutes
July 2, 1996
Page 13
exercising some sovereign function of municipal government, it
discussed a board with final decisionmaking authority. The scope
was much broader than that found in the City Charter and
potentially applied to the EDC Board Members. Mr. Prouty
recommended that the City Council amend Section 2-62 of the City
Code to change the test in there now for final decision making
authority to the test used by the Aldine Independent School
District to a board that exercises any sovereign function of
municipal government independently of the control of the City
Council. That traditionally had been the test used to decide if a
board was a decisionmaking board. Mr. Prouty also suggested that
City council list the boards that were determined by law to
exercise sovereign municipal powers, such as the Planning
Commission, the Board of Adjustment and the Civil Service
Commission. Mr. Prouty also suggested that since there was a great
deal of vagueness in the law as to what a financial interest in a
contract was, the City Council should define what a financial
interest was and recommended using the substantial interest in a
business entity test which was defined very definitely in Section
171.002 of the Local Government Code.
Biles motioned, Young seconded that Council direct the City
Attorney to make appropriate ordinance revisions to be brought back
to Council to adopt the sovereign function test, to list the
relevant boards and to further define financial interest as defined
in Section 171.002 of the Local Government Code.
Council Member Cott questioned if any case law on 171.002
concerning a financial interest definition existed.
Prouty stated there was a very specific definition in 171.002 and
there was some case law. Section l'il.002 had three tests: does the
person own more than lot of the business, was the business interest
worth more than $5,000 , or in the previous year does that person
as an employee receive more than 10& of their income from the
business entity involved.
Cott questioned that now that Council had the definition was there
any test in court which tested Section 171.002.
Prouty stated that the courts had interpreted Section 171.002 and
had accepted the test where Section 171.002 applied.
on roll vote, Beasley "aye", Brock "a e" "
"aye", Young "aye", Biles "aye" and y Cott "aye", Krueger
carried unanimously. Mayor Miller aye Motion
The Mayor directed the City Attorney to bring back ordinance with
changes set forth in the motion.
11. The Council considered nominations/appointments to the City's
Boards and Commissions.
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Page 14
Mayor Miller summarized changes the Council proposed to the
membership on city boards and commissions as a result of discussion
at the Annual Planning Session. For the boards which had less than
seven members which were not provided for in the City Charter but
by ordinance or other city Council action in the past, the Council
decided to increase the membership from five members to seven. The
three boards affected were the Animal Shelter Advisory Board, Data
Processing Board and Cable TV Board. Council agreed to have an
ordinance drafted to increase the named board or commission to
seven merbers and the Council Members that did not currently have
nominations to the named boards would then have nominations. Two
boards or commission had less than seven members but were provided
for by the Charter and were not subject to membership change by
City Council. The two boards were the Parks and Recreation Board
and the Public Utilities Board. Council agreed that current
nominations would be based on the system in use but in 1997
nominations to the Parks and Recreation Board and Public Utilities
Board would be made by the Council as a whole.
Council Member Beasley stated that Council had agreed to those
membership increases and nomination changes but she stated Council
also agreed to reduce the term on the Cable TV Board from three
years to two years.
Mayor Miller stated that starting next year the terms would be
reduced to two years and develop staggered terms.
Biles motioned, Beasley seconded to have staff work on ordinances
or Council policies in order to institute the discussed changes.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
Mayor Miller stated that the annual Board and Commission Reception
was rescheduled to Tuesday, August 13, at 7:00 p.m. at the Center
for the Visual Arts.
Mayor Miller also stated that Council would consider a resolution
to recommend to the Texas Municipal League that a technical
correction to Open Meetings Law which would allow discussion of
board and commission members appointments in executive session.
Council was able to consider board and commission appointments in
executive session until three or four years ago when the Attorney
.,eneral issued an opinion that stated that Council could only
consider in executive session the board and commissions that had
sovereign rights of the Council but could not consider other board
and commission appointments.
Council made nominations to boards and commissions. See attachment
A.
12. Vision Update
Council Member Brock stated that each individual areas were putting
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City of Denton City Council Minutes
July 2, 1996
Page 15
initiatives in place, The City,s CIP covered seventeen of t`~e
recommendations by the Action Teams. Cabinet planned to meet on
July 30th to review status of the Vision project.
13. Miscellaneous matters from the City Manager.
City Manager Benavides stated that staff would keep the August 13th
agenda very light because of the Board & Commission reception.
14. Official Action on Closed Meeting Items:
A. Legal Matters
2. Considered selection of five individuals 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
Denton. ~i and determ
franchi ine the City's rep Ci " "f
se fee dispute litigation, resentative in the
Biles motioned, Brock seconded that Council appoint Mike Bucek, Bob
Horton, William J. McGowan Il, Roger Nylan, and Francis Parks to
represent the City of Denton in the mediation for the GTE dispute.
Council Member Cott asked if all of them would represent the city
or just the first one.
Council Member Biles stated that the Council was asked to consider
five.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
B. Real Estate
C. Personnel
D.
Board Appointments
No further action was taken.
15• New Business
This item provides a section for Council Membere to suggest
items for future agendas.
Council Member Young stated that he had received a number of calls
concerning discontinuing contracts for payout on overdue utility
bills. Mr. Young requested a discussion concerning the policy.
Council Member Young also stated that since the City required
citizens to mow and keep their property neat the City should
require the same of the railroad.
railroad needed to be more respectful oMr. stated t f theuciti ens oft Denton.
He would particularly like the area between Sycamore and Prairie
Street cleaned up.
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July 2, 1996
Page 16
16. Council did not convene into 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
With no further business, the meeting was adjourned at 8:35 p.m.
s
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
BETTY WILLIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
AMM00857
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Agenda No.
Agenda Item
Date ?-&.I/.*
DATE: August 6, 1996
CITY COUNCIL FPORT FORMAT
TO: Mayor and Members of City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing with regard to the proposed annexation of a 96.78 acre tract
located north of Mingo Road and west of Cooper Creek Road and give direction to
staff. (A-72)
RECOMMENDATION:
The Planning and Zoning Commission is scheduled to consider this item on August
28'1996.
SlJj1~ ARYe
Electronic Data Systems Corp. (EDS) has petitioned the City for the annexation of
a 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road as
shown on site map, attachment #1. This is the first of two scheduled public
hearings (See attachment #2). The tract is part of a 239 acre tract owned by EDS,
part of which is located in the City limits. It is intended that the proposed
annexation will include the Cooper Creek United Methodist Church located on the
north west corner of Cooper Creek and Mingo Roads. EDS will apply to the City
for permanent zoning of their entire tract after annexation is completed. The land
owners have been notified of the scheduled public hearings and the required public
notice was published in the Denton Record Chronicle on July 26, 1996.
The purpose of the public hearing is to allow interested persons to appear before the
City Council and give comments with regard to the proposed annexation. City
services will be extended to the annexed area in accordance with a service plan
included in attachment #3.
BACKGROUND:
City Council held a study session with regard to the proposed annexation on June 25,
1996 and directed staff to proceed. On July 2, 1996 City Council approved a
schedule setting the dates and time for public hearings with regard to the proposed
annexation.
l
PROGRAMS, DEPARTMENTS OR GROUPS AFFFCrIFDDi:
All city senice departments including Police, Fire and EMS, Engineering, Utilities,
Solid Waste, Parks and Recreation, Library, Planning and Development, Animal
Control and Environmental Health.
FISCAL IMPACT:
Annual maintenance cost fot roads is estimated between $4,000 and $7,000. The
entire property has a market 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.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Harry Neffersaud, MRTPI, AICP
Senior Planner
App ve :
rank H. o s, AICP
Director, PI ng and Development
ATTACHIdENTS•
(1) Site map and legal description of site.
(2) Annexation schedule.
(3) Service plan
2
ATTACHMENT 1
Page 1 ANNEXATION A-72
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ATTACHMENT 1
Page 2
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in the County of
Denton, State of Texas, being part of the D. Culp Survey, Abstract Number 287 and
part of the J. Early Survey, Abstract Number 1279 and part of the T. Living Survey,
Abstract Number 729 and being a portion of that 256.974 acre tract of land
described by deed to E.D.S. Engineering Corporation as recorded in Volume 922,
Page 718 of the Deed Records of Denton County, Texas and being all of a 5 acre
tract conveyed to Cooper Creek Methodist Church as recorded in Volume 93, Page
95 of the Deed Records of Denton County, Texas and being the prescribed Cooper
Creek Road right-of-way 56 feet wide) effecting a certain 13.071 acre tract
conveyed to Alan R. Thetford and wife by deed recorded in Volume 2892, Page 933
of the Real Property Records of Denton County, Texas and effecting a certain 12.00
acre tract conveyed to James A. Roden by deed recorded as 93-R0018804 in the Real
Property Records of Denton County, Texas and effecting a certain 5.80 acre tract
conveyed to Kevin M. Kenney and wife by deed recorded in Volume 1051, Page 868
of the Deed Records of Denton County, Texas and effecting a certain 2.5 acre tract
reserved for graveyard, church and school house purposes by deed recorded in
Volume 29, Page 229 of the Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING at a point in the prescm Denton city limits as established by
Ordinance 82-6, said point also being most southerly southwest confer of a 125.25
acre tract annexed by the City of Denton as established by Ordinance 86.88, said
point also being 600 feet radial from the center line of State Highway Loop 288;
THENCE South 87° 26'24" East along the most southerly south line of said
Ordinance 86-88 annexation and continuing a distance of 2,174.61 feet to a point
for corner, said point being an inner ell corner of the T. Living Survey, Abstract
Number 729 and being the northwest corner of said J. Early Survey, Abstract
Number 1279;
THENCE South 86° 18' East crocrIng a north south road known as Cooper Creek
Road a distance of 83.95 feet to a point for corner, said point lying on the most
southerly north line of said Thetford tract and being approximately 28' radial from
the centerline of Cooper Creek Road, said point also being the beginning of a curve
to the left whose radius point bears South 74° 54' 17" East a distance of 900 feet,
and whose central angle is 12° 03' 12";
THENCE southwesterly along said curve an arc distance of 189.33 feet to a point for
corner, said point being approximately 28 feet radial from the centerline of Cooper
Creek Road;
THENCE South 03° 02'3 1" West passing at 126.69 feet the south line of said
Thetford tract and the north line of said Roden tract and continuing along the east
ti
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ATTACHMENT 1
Page 3
right-of-way of Cooper Creek Road passing at 336.14 feet a south line of said Roden
tract and the north line of said Kenney tract and continuing along the east right-of-
way line of Cooper Creek Road passing at 751.59 feet the south line of said Kenney
tract and the north line of said cemetery tract and continuing along the east right-of-
way line of Cooper Creek Road passing at 997.16 the southwest fence corner of said
cemetery tract and continuing a total distance of 1,019.67 feet to a point for corner,
said point lying on the north line of a 9.2154 acre tract annexed by the City of
Denton as established by Ordinance 87.187, said point also lying on the north line
of the M. Forrest Survey, Abstract Number 417;
THENCE North 88° 54'44" West along said lines and Cooper Creek Road passing at
28.40 feet the a southeast corner of said E.D.S. Engineering Corporation and being
the outer ell corner of the J. Early Survey, Abstract Number 1279 and continuing a
total distance of 224.46 feet to a point for corner, said point being the northwest
corner of said M. Forrest Survey, Abstract Number 417;
THENCE South 01° 05'53" West along the existing Denton city limits line(Ord. 87-
187) and the east line of said M. Forrest Survey, Abstract Number 417 and a west
line of said J. Early Survey, Abstract Number 1279 and along Cooper Creek Road a
distance of 785.87 feet to a point for corner, said point lying on the north right-of-
way line of the Texas and Pacific Railroad and also being the corner of a tract
annexed by the City of Denton as established by Ordinance 65.43;
THENCE South 69° 30' 11" West along the existing Denton city limits line(Ord. 65-
43) same being the north right-of-way line of the Texas and Pacific Railroad a
distance of 1,691.41 fret to a point for corner, said point lying 600 feet east of and
perpendicular to the center line of State Highway Loop 288, said point also being
the most southerly southeast corner of a tract annexed by the City of Denton as
established by Ordinance 82-6;
THENCE North 00° 33'53" East along the existing Denton city limits line (Ord. 82-
6) 600 feet east of and parallel to said center line of State Highway Loop 288 a
distance of 896.I4 feet (called 907.42 feet in Ord. 82.6) to a point for corner, said
point being the beginning of a curve to the left whose radius point bears North 89°
26'07" West a distance of 4,419.72 feet and whose central angle is 23° 46' 11%
THENCE northwesterly along said curve 600 feet northeast of and parallel to the
center line of State Highway Loop 288 and along the existing Denton city limits
(Ord. 82-6) an arc length of 1,833.56 feet to the POINT OF BEGINNING and
containing 96.78 acres of land.
annex2.wpd 6.7596
. 1 W t 1'
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ATTACHMENT # 2
ANNEXATION SCHEDULE
June 25, 1996 City Council receives a report and give direction to staff with 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 public 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.
August 28, 1996 Planning and Zoning Commission holds a public hearing and
consider malting a recommendation to the City Council with regard
to the proposed annexation.
Seplember 10.1996 City Council institutes annexation. First Readineof Annexation
ordinance.
September 13, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
October 15,1996 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
77
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Attachment #3
SERVICE PLAN (A-72)
CASE f#: A-72
AREA: 96.78 acres
LOCATION: North of Mingo Road and West of Coo er Creek Road.
A. Police ervi n
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the anaexation using existing '
stee
g g personnel and equipment.
2. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished to comparable areas within the City.
B. Fire protection and Em Medical fiiervicp. A'~~
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnishes to comparable
areas within the City.
C. Water/ AA1Vat Se_ dM
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34.118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the.ost to oversize water and sewer mains subject to
fund availability and approval of the City Council.
Where water or sewer main extensions, lift stations, force mains or other necessary
facilities are installed by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-rata charges paid by persons
connecting to or using such facilities to serve their property, according to the
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F
Subdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
Improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as the
need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas in
accordance with the established policies of the City.
F. Environmental Health and Code Enforcement Services
1. Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2
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Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used In the City.
L. Ca ittg] Improvements Prog M (C
ins
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on characteristics
of topography, land utilization, population density, magnitude of problems as
related to comparable areas, established technical standards and professional
studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming CIP
plan. This t ract will he considered according to the same established criteria as all
other areas of the City.
I
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Agenda
Agenda (term-
Date
DATE: August 6, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing with regard to the proposed annexation of a 29.115 acre tract
located north of Blagg Road and east of Geesling Road and give direction to staff,
(A-73)
The Planning and Zoning Commission is scheduled to consider this item on August
28, 1996.
aumm"Y;
]'he city proposes to annex a 29.115 acre tract located north of Blagg Road and
approximately 2000 feet east of Geesling Road as shown on site map included in
attachment #l. This is the first of two public hearings scheduled with regard to the
proposed annexation. (See attachment #2). The land owner has been notified of the
scheduled public hearings and the required public notice was published in the Denton
Record Chronicle on July 26, 1996,
The purpose of the public hearing is to allow interested persons to appear before the
City Council and give comments with regard to the proposed annexation. The
annexed area will be provided with city services in accordance with a service plan
included in attachment #3.
HACK .RO rxn,
City Council held a study session with regard to the proposed ann°xation on June 25,
1996 and directed staff to proceed. On July 2, 1996 City Council approved a
schedule setting the dates and time for public hearings with regard to the proposed
annexation.
PSQC;BAM_ S• DIEPARTMFNT~ nR GROUPS AFFFCa n
All city service departments including Police, Fire and EMS, Engineering, Utilities,
Solid Waste, Parks and Recreation, Library, Planning and Development, Animal
Control and Environmental Health.
1
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FISCAL. IMPACT:
In reviewing the pros and cons of the proposed annexation on July 2, 1996, City
Council requested that staff prepare a fiscal impact analysis showing how this
annexation could potentially benefit the City. The calculations included in
attachment ##4 show that the City will collect a total revenue of $49,565 over a 10
year period and expend an estimated $53,513 for municipal services over the same
period, accounting for a net loss of $3,948.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Harry N. ersauadM R ATPRIAICP
Senior Planner
Ap roved:
rank H. Robbins, A JP
Director, Planning and Development
ATTACHMENTS
(1) Site map and legal description for a 29.115 acre tract located north of Blagg and east of
Geesling Road
(2) Annexation schedule.
(3) Service plan
(4) Fiscal impact calculations
2
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_ ATTACHMENT 1
Page 1
B.F.E. SYSTEMS ADDITION
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ATTACHMENT 2
Page 2
EXHIBIT A
ALL that certain lot, tract, or parcel of land lying and being situated in the COUNTY OF DENTON,
STATE OF TEXAS in the Morreau Forrest Survey Abstract Number 417.
BEGINNING at an iron rod found for corner in the most westerly west tine of that certain tract of land
conveyed by deed from Bass Land & Cattle Incorporated to Dieter Schwarz, recorded under Clerk's
Number 94-R0045817, Real Property Records, Denton County, Texas, said point being the southeast
comer of that certain tract of land conveyed by deed from JBT Holding to John Powell Walker, recorded
under Clerk's File Number 93-R0034125, Real Property Records, Denton Cot nty, Texas;
THENCE S 02146'040 W, 185.95 feet with said west line of said Schwarz tract to a fence corner for
comer,
THENCE S 581 52' 24" E, 827.11 feet with a southwest line of said Schwarz tract to fence comer set for
corner,
THENCE S 300 41134" W, 470.61 feet to a fence comer for comer in the existing north line of Blagg
Road, a public roadway having a right-of-way of 40.0 feet;
THENCE N 850 54' 22" W, 515.03 feet with said north line of said Road to a fence comer for corner,
THENCE N 83142'0V W, 506.67 feet with said north line of said Road to an iron rod set for comer,
THENCE N 8611 D4'30" W, 204.25 feet with said north line of said Road to an iron rod set for corner;
THENCE N 860 17'29" W, 172.08 feet with said north line of said Road to an iron rod found for comer;
THENCE N 03104'00" E, 980.18 feet to a fence corner for corner in the south line of that certain tract of
land conveyed by deed from J.B.T. Holding, Inc. to John Powell Walker, recorded under Clerk's File
Number 93-R0034125, Real Property Records, Denton County, Texas;
THENCE S 89° 58'54" E, 32.24 feet with said south line of said Walker tract to an iron rod set for
comer;
THENCE S 850 56'00" E, 419.30 feet with said south line of said Walker tract to an iron rod set for
corner;
THENCE S 85154'53" E, 433.79 feet with said south line of said Walker tract to the PLACE OF
BEGINNING and containing 29.115 acres of land of which 0.479 acres is hereby dedicated for public
roadway.
w r.
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ATTACHMENT # 2
ANNEXATION SCHEDULE
June 25, 1996 City Council receives a report and give direction to staff with 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 public 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.
August 28, 1996 Planning and Zoning Commission holds a public hearing and
consider making a recommendation to the City Council with regard
to the proposed annexation.
Sokmber 10 1996 City Council institutes annexation First Re2dinB of Annexation
4Ldinangg,
September 13, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
October 15,1996 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
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Attachment #3
SERVICE PLAN (A-73)
CASE M A-73
AREA: 29.115 acres
LOCATION: North of Blau Road and East of Geeslins Road
A. Police Services
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the some level of police services will be
provided to this area as are furnished to comparable areas within the City.
B. Fire protection and E mereeney Medical Services (EMS)
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C. Water/Wastewater Services
{
Water and wastewater services will be extended to the property In accordance to
the City's master utility plan and Section 34-118 of the Denton Code of Ordinances.
Developers sball pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development In
accordance with the City's roaster utility plan and the Subdivision and Land
Development Regulations.
The City may participate In the cost to oversize water and sewer mains subject to
fund availability and approval of the City Council.
Where water or sewer main extensions, lift stations, force mains or other necessary
facilities are installed by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-rata charges paid by persons
connecting to or using such facilities to serve their property, according to the
F'
~S
iSubdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the some level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property In accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore Is determined by the City Council or
Manager, will be accomplished under the established policies of the City,
4. Traffic signals, signage and other traffic control devices will be Installed as the
need therefor is established by appropriate study and traffic standards,
5. Street and road lighting will be installed in the substantially developed areas In
accordance with the established policies of the City.
F. Environmental Health and Code Enforcement Services j
1. Enforcement of the City's environmental health ordinances and regulations
Including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2
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2. Building, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
C. Planning and Development Services
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning
district classification at the time of annexation.
1. Parks and Recreation S rvic .
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
J. EL: fl <-aM tribution
Electrica! I t wer will be made available to the site as required, at the same level of
service currently being provided to comparable areas within the City,
K. I4lisce1laneous
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation.
3
!
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used In the City, -
L• Ca°ital Imnrov m r+. a
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on characteristics
of topograpby, land utilization, population density, magnitude of problems as
related to comparable areas, established technics! sfandar~3a and professional
studies,
2. The overall cost-effectiveness of providing a specific facility- or service.
The annexed area will be considered for CIP improvements in the upri.~LI,ng CIP
plan. This tract will be considered according to the same established criteria as all
other areas of the Ci .
4
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Atli meat # 4
I• METHODO1OC1'•
The per resident costs of municipal services are computed based on a total City budget expenditutre
figure of 33.1 million. The 33.1 million represents only that portion of total expenditures which
are attributable to the provision of city services through the general funds. The per resident cost
has been calculated using the total expenditures allocated to residential tax payers divided by the
estimated 1996 population.
In this analysis, Engineering and Transportation costs are excluded because the proposed annexation
will not include Blagg Road and so maintenance and /or future repaving costs will not accrue to the
City. Blagg Road has been recently repaved and it is currently bei maintained Will
under an interlocal agreement. ng
Denton County
There are three (3) basic components in the analysis as follows:
(a)~CL [ealdent coat of municjpal services
Impacted general fund expenditures:
Expenditures allocated to residential services $ 33,076,562
Estimated total population of City (1996) (72.4%) $ 23,947,431 70,450
Municipal costs per resident 339.9
$ 339,92
Total expenditures Engineering and Transportation:
Estimated total population of City (1995) $ 970,006
Per resident cost 7
$ 13.62
Adjusted municipal cost per resident excluding
Engineering and Transportation
$ 326.30
(b) Amu" Value-
Current assessed values of properties located on a 29.115 acre
tract north of Blagg Road and east of Geesling Road.
Two single family homes plus land value
Projected total assessed value when development is completed: S 376051, 2
3 342
Page 1
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(c) Development Assumpt ons:
(i) It is assumed that one single family home will be added to th; site
per year starting in 1997 and will be completed by year 2001.
(ii) Following discussions with the DCCAD it is assumed that the assessed
value of homes will be $135,000 per unit
(iii) It is assumed that the maintenance cost for Blagg Road will be
the responsibility of the County.
(iv) It is assumed that the developer/home owner will provide water wells and
septic tanks as required by the subdivision regulations and that they
will be responsible for maintaining those systems until the city's water
and waste water lines are extended to the site.
2. FISCAL IMPACT CALCULATION&
The calculations shown on exhibit I attached, has been prepared for a ten (10) year period with the
assumption that city property tax rate will remain constant over the period 1997 - 2006. The
calculations show that the City will collect a total revenue of $49,565 over the 10 year period and
expend an estimated $53,513 for municipal services over the same period, accounting for a net loss
$3,948.
Page 2
4
FISCAL IMPACT CALCULATIONS FOR 10 YEARS 11997-2006 EXHIBIT I
REVENUE CALCULATIONS
YEAR 1997 1998 1999 2000 2001 2002 _ 200Al 2005 2006 TOTAL
ASSESSED YALUE_: 511342 Gt6342 781342 _916342 1051342 1051342 1051341051342 1051342 CITY TAXES SEE NOTE 1 23496 4226 4956 5687 5687 5685687
5687 49565
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j MUNICIPAL COSTS y
I YEAR _ 1997 1998 1999 2000 2001 2002 2003 2004 E2005 2006 TOTAL t
MUNICtPALCOSTS 2 2610 3589 4568 5647 6200 6200 6200 6200 6200 6200 53513
NET LOSS 155 -93 -342 -591 -513 -513 -513 -513 -513 -Sf3 -3948
Notes:
(1)The current tax rate of .5409 Is assumed to be constant through the period 1997 -2006
(2) A per capita cost of $326,30 multiplied by estimated population as development is phased. Average household size Is 2.76
)
Apenda a-
Agenda Item Date --4n6-- VO
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
! DATE: August 6, 1996
;
E SUBJECT: SUP for off street remote parking for the Fairgrounds
RECOMMENDATION:
The Planning and Zoning Commission recommended approval (4-1) at its July 31
meeting.
f SUMMARY:
f
The SUP will allow Fairground overflow parking.
BACKGROUND:
See P&Z report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
See P&Z report.
i
FISCAL IMPACT:
None.
RESPECTFULLY SUBMITTED:
Prepared by: Ted Benavides, City Manager
Frank H. Robbins, AIDirector of Planning and Development
,vcxooeos
V
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PLANNING AND ZONING REPORT
TO: Mayor and Members of the City Council
FROM: Frank Robbins, AICP, Director of Planning and Development
DATE: August 6, 1996
SUBJECT: Z-96-024
GENERAL INFORMATION
Applicant: North Texas Fairgrounds
P.O. Box 1695
Denton, Texas 76202
f
Owner: Mr. Al' McNatt
608-8 N. Bell Avenue
Denton, TX 76201
Action: Request for Specific Use Permit for overflow parking for the
Fairgrounds.
Location: The subject property is located on the south side of Strata Drive,
approximately 800 feet west of Carroll Boulevard immediately north
of and adjacent to the North Texas Fairgrounds. (See Attachment 1.1
Surrounding Zoning and Land Use:
North: Residential use, Single Family 7 & Two Family zoning.
South: Fairgrounds in General Retail zoning.
East: Churches and nursing home, residential use and Single Family 7 J
zoning across Carroll Boulevard. 1
West: Cood Sam in PD zoning and vacant Single Family 16 land.
Denton Development Plan: Low Intensity Area #23 (84% allocated).
I
SPECIAL INFORMATION
The property is platted. If paved for parking, a parking lot permit would be required. The
paved lot would be required to be laid out to city specifications. The property has three
access points: Strata, a 30 foot easement across church property,and from the
Fairgrounds. P&Z recommends a condition not allowing access to Strata.
BACKGROUND
The subject property consists of Lot 11C, Block 1, of the Infinity Strata Addition and was
placed in the Multi-Family Restricted and Multi-Family 1 zoning districts by Ordinance 79-
40. It currently remains in these zoning districts. The property was originally platted in
1985, and Lot 11 was recently replatted into one large 11.5 acre lot, Lot 1 1C, and two
--1
smaller lots. The reason for this request is that Off-street Remote Parking requires an SUP
in both the Multi-Family Restricted and Multi-Family t zoning districts. The property has
been used for minor overflow parking near the church for years.
NOTICE
Twenty-seven (27) notices were mailed on July 19, 1996. As of the time of preparation
of this report, four replies have been received, two in favor and two opposed. The
opposed reply appears to be concerned about access to Strata. Staff spoka to those
opposed, their issue was access to Strata,
ANALYSIS
The table below will provide a summary of the zoning ordinance related requirements for
this project.
Denton Zoning Ordinance
Requirement Summery
Specific Use Permit
RATING VS. REQUIREMENTS
REQUIREMENT COMMENTS sisryecuoy Il mnvnn eoreMart
u,conNn«e Inca,Ne«x
The specific use will be No site plan has been
compatible with and not submitted. Proposed
injurious to the use and conditions should enable
enjoyment of other property nor compatibility. Additional x
significantly diminish or impair parking here in the vacant field
property values within the may take parking off nearby
immediate viciniy. local streets and/or the Denton
Center parking lot.
i
That the establishment of the This SUP is in addition to uses
specific use will not Impede the allowed by MF-1 and VF-R
normal and orderly development zoning. The property may still
and Improvement of surrounding be developed as apartments. x
vacant property. The property is platted and
infrastructure is in place to
support MF-1 and MFR, No
buildings would be added with
approval of the SUP.
That adequate utilities, access The zoning ordinance does not
roads, drainage and other require paved parking for
necessary supporting facilities fairgrounds. if the property x
have been or will be provided. were paved, a parking lot
permit would be required, and
the lot would have to be
designed and constructed
according to code.
x
Denton Zoning Ordinance
Requirement Summary
Specific Use Permit
RATING VS. REQUIREMENTS
REQUIREMENT COMMENTS
Wr,nr
InKO" somrwMr cwWrrvn
conuKSM Incron~yrra
The design, location and The conditions concerning
arrangement of all driveways access affect this.
and parking spaces provides for
the safe and convenient
movement of vehicular and x
Pedestrian traffic without
adversely affecting the general
public or adjacent
developments.
That adequate nuisance Access and lighting conditions
prevention measures have been affect this,
or will be taken to prevent or
control offensive odor, fumes,
dust, noise and vibration. X
That directional righting will be The lighting conditions will
provided so as not to disturb or affect this,
adversely affect neighboring
properties.
X
That there Is sufficient No site plan has been
landscaping and screening to submitted which would provide
ensure harmony and the information necessary to
compatibility with adjacent
z evaluate whether this policy Is
property, met. No additional landscaping x
is proposed. If a parking lot is f
built, it would be required to be 1
landscaped and screened
according to code.
At this writing, the proposed SUP site plan consists of a reduced size copy of the plat of
Lot i 1 C.
RECOMMENDATION
P&Z recommends approval of the Specific Use Permit with the following conditions:
1. No direct fighting of residential property,
2. No access for vehicle parking to Strata Drive.
3. Access for off street remote parking shall only be from the Fairgrounds or the 30
foot easement on the church property adjacent to the Fairgrounds.
f
4
4. The Planning and Zoning Commission or the City Council may any time review
this specific use permit and amend its provisions, revoke, or sus spend it in
accordance with the process of Division 4, Specific Use Permits of Chapter 35,
Code of Ordinances. These amendments, suspensions, or revocations shall not
require a supermajority of the council to approve.
ALTERNATIVES
1. Approve as recommended,
2• Approve with additional conditions.
3. Deny.
4. Postpone consideration.
ATTAC~ HMENTS
1• Location map,
2. Specific Use Permit site plan,
Na00eao
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2112 604
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4 R.
Vol. 346 P g.
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F
Y
PLANNINGANMINTS
ZONING COMMISSION July 31, 1996 BRA 6
Special Meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on
Wednesday, July 31, 1496, and began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney.
Present: Guy Jones, Rudy Moreno, Bob Powell, Ellen Schertz, and Barbara Russell.
Absent: Mike Cochran, Katie Flemming.
Present from Staff: Frank Robbins, Director of Planning and Development; Jerry Drake, Assistan, City
Attorney; Chris Rodriguez, Secretary.
Meeting called to order at 5:05 p.m.
I. Hold a public hearing and consider a recommendation to the City Council concerning a specific use
permit (SUP) for off street remote parking for the North Texas Fairgrounds on Lot I IC, Infinity
Strata Addition located immediately north of the North Texas Fairgrounds.
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Mr. Robbins: This is a specific use permit. The property is immediately north and adjacent to the
fairgrounds. You may recall the replat of Lot 11, in which two new lots were created. The property
has been used in the past for over flow parking. That property can be accessed from the fairgrounds
or from a thirty foot easement that is on the church property. There is away to access the property
from Carroll and that has been used in the past. This would allow for off street remote parking for
anybody but we think it is going to be used principally by the fairgrounds along all of this property.
In your backup we have provided information about standards in the zoning ordinance that need to
be met in order to issue a specific use permit. We think that all of the conditions required for the
issuance of the specific use permit have been met, particularly because of the conditions. One of the
conditions that the staff is recommending, and we have discussed with the applicant, is that there will
be no access from Strata. Other conditions include the standard condition that you see and that is that
there will not be any direct lighting of residential property, that the only access that could be taken
would be from the fairgrounds or from the thirty foot easement that exists now, and that at any time
the Planning and Zoning Commission or the City Council could initiate a reconsideration of this to
revoke or suspend or change the specific use permit. One of the more interesting aspects of that last
Condition is that if that occurred we would go through the normal specific use permit process. This
particular condition says that if twenty percent of the land was protested by the owners of that land
within the area where you are doing the specific use permit, that would not require a super majority
vote of the Council to approve. Literally that means that if the fairgrounds opposed some change
because something was going wrong, that would not require six votes of the Council to approve that
change. That is an element that today you have reviewed as part of the rewrite of the zoning
ordinance that was recommended to us by our legal consultant. That statement kind of goes without
saying if that provision is finally adopted in our zoning ordinance rewrite. That was an issue that we
briefed P&Z and the Council about and they have given us direction on that issue. We felt that it
would be an issue that if somebody was concerned about "what if something goes wrong, what can
we do?" Well we can reconsider it and 1 think that if anything does go wrong, as the fairgrounds has
in the past they will continue to work with their neighbors and the city on issues that may have arisen
f
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P&Z Minutes
July Page 21, 1996 DRAFT
in the past. Staff believes that all of the conditions have been met so we recommend approval.
Mr. Moreno: Concerning no access to Strata Drive, how are we going to prevent cars from
wondering up in that direction? Is that area going to be fenced off? How are you going to prevent
vehicles from going there when no one is looking?
Mr. Robbins: I think there are a number of things that the fair could do. During the fair there are
a lot of police officers from the sheriff s department and the police department that assist the fair and
there are other individuals that work with the fair that help folks park. I have seen mounted sheriffs
deputies out there. I think there are people out there that can prevent that and there are a number of
relatively easy things that could be done. 1 think that is an issue that could be addressed in a number
of ways and therefore the staff is not recommending that those specific provisions be added. They
could build a fence or they could put posts up and they will have their people out there.
Mr. Moreno: It seems like temporary barricades of some kind might be in order.
Ms. Russell: Would the petitioner care to speak?
Mr. James Roden: My name is James Roden and I live 3748 Cooper Creek Road. I am here
representing the fair. We want to park vehicles out there. We have been doing this for twelve years
and we just wanted to continue it. Basically it will only be used for the nine days of the fair. We
have never had a function out there large enough except the fair that warranted any use of that
property. We do have mounted sheriff deputies that are out there for that purpose, to keep anyone
from entering from there or the church lot. If we eventually are able to buy that property, which we
are hoping to do at some point, then we plan to put a six foot chain link fence around that whole area
and it would go straight across leaving the extension on Strata outside of the fence. There would be
no access over on Strata. We have no intentions of ever dumping traffic out on Strata Drive. We
do attempt to keep anyone from coming in. If it would help the situation we can go and set some
posts across there. We do have some control over the access from the church property because we
have an agreement with the church to park vehicles in their parking lot too. We usually have a police
officer in that parking lot. At this point we plan on using the entrance from the fairgrounds to that
property. At this time about two thirds of that property is covered by brush and locust trees.
Ms. Russell: Would it be a problem for you to put posts with a chain across them on that northern
side?
Mr. Roden: Well we are pretty short on time but I think that we can get some steel posts in there
with a ribbon across there.
Ms. Russell: I would leave that up to you but just something so that if there is not a person there they
would not be able to drive through there without doing some damage to their car.
Mr. Moreno: I was thinking of either wooden barricades or traffic cones.
Mr. Roden: You are talking about almost two hundred and fifty feet.
P&Z Minutes RAFT
July 31, 1996 Page 3
Ms. Russell: 1 was thinking that it was only that one small lot. That would be a time problem.
Mr. Roden: Even with wooden barricades, two hundred and fifty feet is a lot of barricade. I think
that 1 could comfortably say that we could put up steel posts across there close enough together that
they couldn't drive between them and put some orange tape across there to indicate that they are not
to come in there.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition
to the petition?
Ms. Myra Walker: My name is Myra Walker and I live at 504 Strata. 504 Strata is right across the
street from these lots. 1 am very concerned about and very curious as to why you want the right-of-
way when you say you are not going to use it. That issue was pretty much ignored during the replat
meeting. I am opposed to the whole thing being used as a parking lot. 1 think that it devalues our
property, however 1 am even more opposed to the driveway or any right-of-way on Strata Drive.
This public access to a commercial property would change our entire neighborhood by increasing
noise, litter, and traffic hazards. We are not talking about cars here, we are talking about cattle
trailers and giant trucks and people that can jump the curb at will in huge vehicles that take up a lot
of room and are not that mannerly. It would devalue our property making our entire street less
desirable for buying, selling, and living on. 1 believe the access to the lot should be off of Carroll
Blvd. only and that a fence should completely enclose the parking lot. I think that the idea of
barricades and chains across this whole expanse is a joke. People are going to be jumping that curb
and leaving that lot even if they are not allowed to go in it. I realize that Mr. Roden doesn't own the
property yet but it is going to be a nightmare when this fair comes because there is no way to police
that much area, it is huge. I believe there should be consideration for saving those trees because they
buffer the noise coming from that area anci I believe it should be fenced in. I am very opposed to
this.
Mr. Powell: You are aware that one of the conditions is that there will not be any access on Strata
Drive?
Ms. Walker: Yes but why are they asking for that right-of-way that is on there?
Mr. Powell: They are not asking for any right-of-way.
Mr. Robbins: That is simply the property on which this would apply which means that you might
park a car there but the condition is that you can't use Strata for access.
Mr. Powell: That is the outline of the property that is owned but that is not the outline of the parking
lot.
Ms. Walker: 1 understand that but I am afraid of what is going to happen in the future and I am
afraid of what is going to happen two weeks from now. 1 just don't think that people can be kept
from jumping over the curb and using that whole space. There is nothing in five of those lots, they
are vacant. 1 don't understand why the whole thing has to be used as a parking lot, why not back it
more toward the fairgrounds and have a greenbelt there. Do they need all of that space and does it
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P&Z Minutes
July 31, 1996
Page 4 G RAFT
LJ
have to encroach on our neighborhood so much?
Mr. Moreno: How long have you lived on Strata and have you had problems in the past?
Ms. Walker: 1 have lived there two years and in the past there have been people who have driven
out of there and jumped the curb. That is the way they leave. They are not entering it that way, but
by making it where you can park all the way up to the back of those houses there, it just makes the
temptation greater for them to leave that way. This occurs at night. I do think the fair really does
a good job of policing the neighborhood and they put up signs saying no parking on Strata during the
fair. There are other things that happen on that property other than the fair. This is really going to
encroach on this neighborhood with them parking on the entire lot.
Mr. Roden: then those lots are built on then you won't even be able to see the parking. We won't
be able to park %1 fhe way up there because of the brush this year.
Ms. Walker: I am sure that Mr. Roden is going to keep is word and limit access this year. When
they buy it and they buy that strip there, it is going to be awfully tempting to use it as a future right-
of-way.
Ms. Russell: It is if we want to dump traffic on that neighborhood but 1 don't think that we would
. I wouldn't be in favor of that at all. What I would do is to contact the people who own those
vacant lots and ask them to put something up to keep people from parking there. Is there anyone else
that would like to speak in opposition? Would the petitioner care to make any final continents? We
will close the public hearing. If they have been doing this for twelve years why are we hearing this
today?
Mr. Robbins: Because we thought they might be expanding, this violation has gone on for years and
it hasn't been a problem, however there is a code issue and there is some opportunity to expand the
parking in this area. We had some indication that it was an interest of the fairgrounds and this would
certainly be something that they may want to look into this year so that is why we are doing it. They
made the application in order to enable that in accordance with the codes. 1 would mention that the
Council, when they consider this specific use permit, will also consider an ordinance that will
eliminate on street parking for a number of the streets in the neighborhoods. The city, the
neighborhood, and the fairgrounds worked together on that.
Mr. Moreno: Is there any practical way to establish a buffer zone on this site?
Mr. Robbins: Specifically a way to not enable parking within the northern boundary would be to add
a condition to your motion that parking would not be allowed within a hundred feet of the rear of the
lots along Strata. The property is zoned now to enable a parking lot in that area with apartments and
that parking lot could go right up to those lot lines. You make a good point but the staff's thought
on that was that you can build a parking !ot under the existing zoning now when you build a multi-
family development. That is one way to effect it. You could just say that there wouldn't be any off
street remote parking within a hundred feet, pick an appropriate number, and that could be part of
your motion.
I
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P&Z Minutes
July
Page 51, 1996 r RAFT
Mr. Moreno: They could build a parking lot there under the existing zoning but this specific use
permit, could you not restrict parking for purposes of this fair only?
Mr. Robbins: Yes sir.
Ms. Russell: Do I understand in the restrictions, under 4, that if this is a disaster then we can come
back and revisit this and make some changes, that we can do that?
Mr. Robbins: Yes ma'am.
Mr. Powell: I move that we recommend approval of this specific use permit subject to the following
conditions, and the conditions are as listed by staff number 1,2,3, and 4 on page 3.
Mr. !ones: Second.
Ms. Russell: Any discussion?
Mr. Moreno: I would move that an additional condition be added that no parking be permitted within
one hundred feet of the northern boundary of this site.
Ms. Russell: Is there a second to the amendment? The amendment dies due to lack of a second.
Back to the motion as stated. All in favor of the motion please raise your right hand. Opposed same
sign. Approved. (4-1) Mr. Moreno opposed.
Meeting adjourned at 5:40 p.m.
4
c•
J:\MPD0C5\0RD\NTFA1RPA.ORD
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT (-209) FOR OFF STREET REMOTE PARKING, LOCATED ON 11.503
ACRES OF PROPERTY ON THE WEST SIDE OF CARROLL BOULEVARD AND NORTH
OF THE FAIRGROUNDS, AND CURRENTLY ZONED AS MULTIFAMILY-RESTRICTED
(MF-R) AND MULTIFAMILY-ONE (MF-1) ZONING DISTRICT CLASSIFICATIONS
AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, North Texas Fairgrounds initiated a request for a
Specific Use Permit for off street remote parking on Lot 11C,
Infinity Strata Addition, and which is currently under Multifamily-
restricted (MF-R) and Multifamily-One (MF-1) zoning district
classifications and use designations; and
WHEREAS, on July 31, 1996, the Planning and Zoning Commission
held a public hearing and recommended approval of the requested
Specific Use Permit; and
WHEREAS, in accordance with Article III, Division 4, of chapter
35 of the Code of Ordinances of the City of Denton, Texas, the City
Council finds that all of the following conditions exist:
1. That the specific use will be compatible with and not
injurious to the use and enjoyment of other property nor
significantly diminish or impair property values within the
immediate vicinity;
2. That the establishment of the specific use will not impede
the normal and orderly development and improvement of
surrounding vacant property;
3. That adequate utilities, access roads, drainage and other
necessary supporting facilities have been or will be
provided;
4. T
parking he design, location and arrangement of all driveways and
movement spaces provides for the
trand affic convenient
pedestrian safe
without
adversely affecting the general public or adjacent develop-
ments;
5. That adequate nuisance prevention measures have been or
will be taken to prevent or control offensive odor, fumes,
dust, noise and vi.bration;
6. That directional lighting will be provided so as not to
disturb or adversely affect neighboring properties; and
F
r
7. That there is sufficient landscaping and screening to
ensure harmony and compatibility with adjacent property;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That specific use permit S-209 is hereby granted
for off street remote parking on 11.503 acres of land, legally
described as Lot 11C, Infinity Strata Addition with the following
conditions:
1. No direct lighting of residential property.
2. No access for vehicle parking to Strata Drive.
3. Access for off street remote parking shall only be from the
Fairgrounds or the 30 foot easement on the church property
adjacent to the Fairgrounds.
4. The Planning and zoning commission or the City Council may
at anytime review this specific use permit and amend its
provisions, revoke, or suspend it in accordance with the
process of Division 4, Specific Use Permits of Chapter 35,
Code of Ordinances. These amendments, suspensions, or
revocations shall not require a supermajority of the
council to approve.
SECTION rr_ 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 I t_
f
That thi ourteen (14) days from thesd toiofnitsspassagewand thecCity
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
Page 2
rn~;r•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
i
BY
I
Page 3
F
Agenda Nti.
Agenda Item 10#
-
ORDINANCE NO. Date k--
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
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-1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO_ YENDOR AMOUNT
1869 ALL HARRIS METHODIST EXHIBIT °A"
HEALTH PLAN
1911 ALI, DYNA-PAK CORP. $171,120.00
1920 1 PRIESTER $ 11,600.00
1920 2 TECHLINE $ 10,980.00
1920 3 WESCO $ 10,320.00
1921 ALL DARR EQUIPMENT $178,837.00
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
Proposals, and related documents.
SECTTOMIII. 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`
s.
SECTIOMY. 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.
SECTIONLY. That this ordinance shall become effective immediately upon its passage and
approval.
` j
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
t
BY:
S UPPL Y.ORD
i
CITY fir UlCl IMN
M Medical Plan Insomi hats - lla►►k Medmilst Ileakh Plan
BNndad Rates
Eet9~meot I9Ill ch Pltllaw
KTM
Hf1O Opt-WA Plan
EEOdy 14 $220.01 $185.03 $35,04
EE a Spouse 5 $341.00 $185.03 $158,06
EE a Chid 12 $204.88 $185.03 $100.85 ~IBIT A
EE a Famly 14 $311.00 8185.03 $158.87
HMO Plan
1E0* 355 $185.93 $185.03 $0,00
E & Spare 88 $287.50 M503 $102.58
EE 6 Chid 150 $246.47 $18503 $83.44
EE 6 Fw* 218 $31258 $185.03 $127.58
EMBED UNrAR 61
HMO Opt-out Plan
Rdrea Only 0 $220.07 $0.00 $240.07
Redrew 6 Spouse 1 $341.00 $0.00 $141,09
Refine a CMd 0 $204.88 SOHO $234.88
Refine a Famy 0 SMOG $0.00 $371.00
HMO Plan
Re& ot* 5 $195.03 80.00 $185,03
Refine a Spans 3 $287$0 $000 $287.50
Refine a CMd 0 $248.47 $0.00 $248.47
Refs & Fan* 1 $31256 $0.00 $312.50
EET)RFIt N Li~R
NMOOptad PMn
Redree orgy 1 $220.07 50.00 $220.07
Refine a Spare 1 $341.08 $0.00 $341.09
Redrse 6 Spans it under 85) 0 $341.09 50.00 $341.09 1
Refine 6 Fancy (I under 85) 0 $371.90 $0.00 8371.90
Relne a fancy 0 $371.90 $0.00 5371.90
11140 Plan
RelreeOrty 5 $185,03 $0.00 $185.03
Room 6 Spare 1 $28719 S0 00 $287.59
Redree a Spouse (1 urder 86) 3 $287.59 $0.00 $287.59
Relrse 6 Ferny it under 85) 0 $31259 $0.00 $312.59
Red so 6 Fancy 0 $312.56 $0.00 $31259
QUITOTAL N COST $$573 320 $1,808.187 5817,133
RmterHiuains
P1 Y. J(J{
E
DATE: AUGUST 6, 1996
CITY cGUNCIL_REP-ORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID €11869 - HEALTH INSURANCE
RECOMMENDATION; We recommend this bid be awarded to the lowest responsible bidder,
Harris Methodist Health Plan, at the listed rates (Exhibit A) for a one year contract renewable for two
additional years at a maximum increase of 5% for 1998 and 9% for 1999.
SCMMARVr This bid is for the Health Insurance Plan for City of Denton employees, retirees, and
their dependent family. The contract will be for the 1997 year renewable for 1998 and 1999. Rates
for 1998 are guaranteed not to exceed a 5% increase and for 1999 a not to exceed a 9% increase.
Based upon current census data the expenditures for each year are listed on the tabulation sheet
attached (Exhibit B). Additional information was presented to Council for consideration during the
work session of July 23, 1996.
BACKGROUND. Rate Schedule Exhibit A, Cost Comparison Exhibit B.
PROGRAM S~JDEPARTMENTS-ORGR UP CTEIL The Health Insurance Program
covers all eligible regular full-time and part time employees and their covered dependents in all city
departments. Also affected are those retirees participating in the Health Plan.
FISCAL.IMPACL The Health Insurance Plan is a participation program with the city paying a set
amount and the employee paying a set amount.
The rate quoted for 1997 reflects an approximate 537,824.00 savings over the 1995/96 budget and an
approximate 4.1% decrease in the employees contribution amount.
Respe;tfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
756.AGENDA
1
1
I,
4'1'1'Y 41F IIY.N'I'11N
IM Mdkd No laaand Ita1a-IIanMMe1M~YlIk~Mhflan
LKdmd BMW Rai"
NATO Optod P!M
EE Oah 14 Ma of 10503 13504
EE & EE i ~ !5 $341.00 1105.03 315808
$204.16 $18503
BE i Fw* 14 331!.00 31!6.00 11 A? HIMIBIT A
E
! HMO Pion
is 355 $185.03 3165.03 $000
{ EE i SpClIld m 150 $287.59 $165.03 3102.56
EE i Fwd>y 216 $246.41 $18503 $63.44
$312.50 $185.03 $127.58
B~BEp.1lNEEg.H
Nola Opt-ow mm
Ram ~ 0 $220.01 so-0 3220.07
Ratty i C! o $341.00 $0.00 $341.00
Rates t Fwdty 0 3204.18 $0.00 1204.88
$371.10 $0-0 $371.00
NO PIM
135.03 Ratrm $0.00 $115.03 t
3 3217:61 60.00 $287.58
Ratan t CMd 0 $246.41 $0.00 $218.47
Rath i Famhr 1 SMl261 $0.00 $31261
.R1~8
"No 00" pho
Rob" 0* 1 $220.01 $0.00 $720,07
$341.01 $0.00 $341.01
Rain i Fw 1 wdw SM 0 $371341.00 $0.00 $341.00
Rahn A Fw* 0 $.80 40.00 1371.90
$371.10 $0.00 $311.00
NMI Plan
R
Roor" spot" a81'Ody 5 WSW
$0,00 si85.03
Ratty i dp {1 ta~dw 85) 3 3287.50 $0.00 $281.58
R*n & Fw y (I wWw 16) 0 $0 $000 $211.59
$312 312.651 60.00 $312.58
331210 $0.00 $312.61
[{331 TOTAL COST XM-=- 1811,11 sen ~ 3I
FosterHipins
i
4
5
1
11'l'v 41P 01041100
Ml-" MedkA Plea Interred Cost Proledbo
CICNA hw 9 ft r
1997 TOTAL ANNUAL COST $2,492,4@8 :1,954,950 $07,000
I is MS*M o" wxnwm (puer04600 9.5% 9.5% 9,5%
1990 TOTAL ANNUAL COST $2,728,175 $2,031,102 5890,172
'99 mmim, ft r (0twa w) 9.5% 9,5% 9.5%
1999 TOTAL ANNUAL COBT 52,980,558 $2,224,057 $764.499
EXHIBIT B
li± - coa
y
Hs" MNMdMI Naltk Plm Is~l G!c pml *w
1997 TOTAL ANNUAL COST $2,682,417 01,893,992 5870,624
1M TOTAL ANNUAL COST $2,@90748 $1,VM19 922 5712.'488
10 MsA mi k (gueradwd) 9.0% 9.0% 9.0% ,
1999 TOTAL ANNUAL COST $2.9$2,915 $4158,229 5778.858
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Foster Huns
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DATE: AUGUST 6, 1996
Cay-CO Nclai EP_OHT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID #1911 -REFUSE BAGS
RECOMMENDATION. We recommend this bid be awarded to the low bidder, Dyna-Pak Corp.,
at the per unit price of
52 Bag Roll 2.81 per roll Regular Roll
30 Bag Roll 1.68 per roll Small Roll
for an estimated annual total of $171,120.00.
SUMMARY: This bid is for an annual contract for the purchase of residential refuse bags to be
stored in the warehouse for use by the Solid Waste Department. The 52 bag rolls are distributed to
utility customers twicc a year and the 30 bag rolls are handed out to new customers who sign up for
utility service between the two distributions.
Four bid proposals were received in response to ten bid packages mailed to prospective vendors.
BACKGROUND. Tabulation Sheet
PROGRAMC MPARTMEM-OR GRQUPS A FECM. Warehouse Inventory, Residential
Solid Waste, Utility Customers of the City of Denton.
FISCALIMPACL Budgeted funds for 1996-97 for Warehouse Working Capital #710.043-0582.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Name: Denise l Iarpool
Title: Senior Buyer
A vpto ed; I qlm
Name: Tomb. Shaw, C.P-M.
Title: Purchasing Agent
752.AGEMA
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R11) NAME REFUSE RAGS ARROW POLY- APOLLO APOLLO DYNA PAK
INDUSTRIES AMERICA PAPER (A) PAPER(B) CORP.
OPEN DATE MAY 30,19%
N- IVYY DESCRIPTION _ VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR :VENDOR
1. 601M 30 GALLON PLASTIC REFUSE
ROLL BAGS, 1.5 MIL 53.08 $3.46 54.24 52.61 $2.81
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21 IS00 SMALLROLL $2.82 $1.998 56.39 53.69 $1.68
ROLLS
LINEAR LOW 70% 70% ALTERNATE ALTERNATE 40% f
DENSITY POLYETHYLENE BID BID
RESIN
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DATE: AUGUST 6, 1996
CITYCOUNCILREPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1920 - DISTRIBUTION TRANSFORMERS
RECOMMENDATION; We recommend this bid be awarded to the low evaluated bidder as follows
ITEM QUANTITY DESCRIPTION VENDOR PRICE
1. 10 EACH 75 KVPM PRIESTER $ 1,160.OO EACH
2. 3 EACH 150 KVPM TECHLINE $ 3,660.00 EACH
3. 1 EACH 1000 KVPM WESCO $10,320.00 EACH
for a total expenditure of $32,900.00
SUMMARY: This bid is for the purchase of padmounted transformers for use at proposed
developments and for maintenance stock. Transformers are evaluated using a load loss equation to
assure lowest operating cost.
Eight bid proposals were received in response to twenty-two bid packages mailed to vendors.
BACKGROUND: Tabulation Sheet, Memorandum from Don McLaughlin dated 7-12-96.
PROGRAMSo DEPARTMENTS-OR_GRO.UPSAFFECTED; Electric Distribution, Electric
Utilities, Electric Customers of the City of Denton.
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FISCAL-IMPACT, Budgeted funds for 1996-97, Account #610-103-1031-5880-8925.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Name: Denise Harpoot
Title: Senior Buyer
Ap
Name. Tom D. Shaw, C.P.M,
Title: Purchasing Agent
751.AGENDA
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WFS(L VANIRAN PRIESI'ER
1111) NAMC III%IKIM IRON 1'ItMMIKV 1'NLtl;RRL!) 'IF,(71L1NY. StS(Y) 2'LMPLK KIM
7'RANSPORMERN U111,11Y SALES
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UPAN UA'FE Td•% +
PACEIOF2
A QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR, VENDOR VENDOR
i
1. 11 ZA TRANSFORMER, PADMOUN T,
7SKVA 121l2NV Sh431.N SI,m.01 51,270.0 $1,717.0 S1Nf.N _SI,1fLN ____51,100 _ _St,792N .__5l,1f1.N
2. SEA TRANSFORMER, PADMOUNT,
IS/ KVA ItAQNV_ NO DID S3,E9.N S3,iN.0 S4AI2.N NO BID - _ f4,I35N _ _ 51,7510 ,531130 _54:110.0
3. 1 EA TRANSFORMER, PADMOUN f,
3 INI KVA 2771491V NO BID Sf,739.08 S11,4".0 SI I,N11.N 513510 SIO S4S N $11,321.0 SI I .N _ S11~f4 M
NO 610 RESPONDENTS
POWER SUPPLY
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96• PJL 1 2 Al 06
To: Denise Harpool, Senior Buyer
From: Don McLaughlin, Senior Engineer
Electric Engineering
Date: July 12, 1996
Subject: Evaluation of Quotation on bid # 1920
The 75 KVA 120/240 volt single phase pad-mounted, transformers
could be used in the following project are for proposed
developments at Loop 288 and Audra by the M t M Group, and a
proposed development at Teasley Lane and Lillan Miller. The
utility staff recommends awarding the bid to the low bidder
Preferred Sales.
The 150 KVA 120/208 volt three phase pad-mounted, transformers
are to maintain stock for maintenance and operation. The utility
staff recommends awarding the bid to the low bidder Techline.
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The 1000 KVA 277/480 volt three phase
is to maintain stock for maintenance anddoperation.tThesutility
staff recommends awarding the bid to the low bidder WESCO.
Sincerely,
Donald L. McLaughlin
Attachments:
1. Exhibit I, Loss / Cost Evaluation
II. Exhibit II, Total Cost
a
EXHIBIT I FOR BID 7920
PAGE 1
LD t Evaluation of Ten 75 KVA, 120040 Volt Padmounted Loop
ase Tra- former
MADE NL LL TL BID CAL DELIVERY
BY LOSSES LOSSES LOSSES CO ST COST DAYS
Cummins Suppy 164 524 888 1530 8720.832 421
KBS Electrical 151 629 780 1190 7900.746 84
Preferred Central 192 455 647 1297 7879.134 56
SESCO SESCO 220 800 1020 51,707 310,938 9011
Techfins Howard 147 630 777 51,270 58,142 128
Temple GE 39 733 772 51,649 $8,952 77
VANTRAN VANTRAN 220 560 800 $1,792 $10,308 70 '
WESCO ABB 155 707 862 $1,198 $8,288 98, If
LOW BID $7,799
Item 2: Lose /Cost Evaluation of Three 150 KVA, 120008 Volt Padmounted Loop I
Three Phase Transformer I
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MADE NL LL TL BID CAL DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
KBS Electrical 340 1230 1570 4125 21899.56 84
Preferred Central 283 1553 1838 3849 21837.37 70
Pdsster Cooper 340 1230 1570 4010 21510.86 95
SESCO SESCO 520 2340 2880 4512 29331.64 90
VANTRAN VANTRAN 500 1600 2100 $3,993 $24,328 70
WES~O ABB 376 1275 1651 $3,750 $21,119 70
LOW BID $20,299
ftem 3: Loss/ Cost Evaluation of One 1000 KVA, 2771480 Volt Padmounted Loop
Three Phase Transformer
MADE N! LL TL BID CAL. DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
KBSElectrkai 1322 8481 9803 10865 74590.81 841
Preferred Centrat 1044 7749 8793 9739 66151 70
Priester Cooper 1322 8481 9803 10564 73573.43 95
SESCO SESCO 1800 10000 11800 $11,041 563,978 90
Techline Howard 1322 8151 9473 $10,406 571,995 126
Temple "T~M 2020 111 13961 $8,352 2,868 77
VANTRAN 2080 6800 8680 $11,007 $75,431 70
I&I a:
LOW BID $64,594
12-Jul-96 02:45 PM
H:WOMEIE ENG3%TRANX1B19201B1920.WK3_~
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EXHIBIT II FOR BID 1920
ITEM DESCRIPTION QUANTITY DISTRIBUTOR MANUFACTURER PRICE TOTAL
ITEM 1 75 KVA 120/2401 Pheae UO 10 Prefwed Central s1,180 $11,800
ITEM 2 150 KVA 120/208 3 Pheee UO 3 TsOine Howard $3,880 540,980
ITEM 3 1000 KVA277/480 3 Phaee Ut3 1 WESCO ABB $10,320 $10,320
Total Cost $32,900
H:WOME\E ENG31TRANX\819M1920.WK3 1WUM 02:59 PM
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DATE: AUGUST6, 1996
C 'CQUaMAMRT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
F SUBJECT: BID #1921 -ARTICULATED WHEEL LOADER
UM • We recommend this bid be awarded to the lowest bidder, Darr Equipment,
in the amount of $178,837.00.
SUMMARY: This bid is for the purchase of a 4.5 cubic yard, articulated
rubber tire loader. The loader will be utiliz A at the Wastt'Faci h dri e
sludge/compost project. ewater Treatrnen
This Caterpillar 960F loader replaces a smaller 1980 model loader. The older loader has the engine
"locked up" and is no longer economical to repair. It will be sold at auction August 15, 1996,
The bid price includes a 3 year or 5,000 hour extended warranty.
BACKGROIM)- Tabulation Sheet
ii'RQGgA,Mg
S?R bons. i'& AFFECTF;Il; Wastewater Treatment Facility,
Sludge/Compost Project and Fleet Operations.
FISCALIMPACM Funds for this purchase are available in the 1995/96 budget accounts as follows
Motor Pool Replacement #720-025-0584-9104
Wastewater Plant Capital Expenditure #0470-9104 $ 10~81,p9~6~8.~0~0
-6ZS~Z.iLV
$ 178,837.00
Respectfully submitted:
d v
Ted Be avides
City Manager
A proved:
Name: Tom D. Shaw, C.P.M.
Title; Purchasing Agent
7 5 5 . AGEnA
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BID 1921
BID NAME ARTICULATED WHEEL DARR FUTURE MEGA
LOADER EQPT EQPT EQPT
,OPEN DATE 74-96
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DESCRIPTION VENDOR VENDOR VENDOR VENDOR
1. 1 4 5 CUBIC YARD ARTICULATED
4 WHEEL DRIVE LOADER $178,837.00 $193,473.00 NO BID
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MANUFACTURER C TERPILLAR CASE
1 MODEL %0 F 9218
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Agenda No
No, Agenda Item
ORDINANCE NO. _ Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids are the lowest responsible bids for the construction of the public
works or improvements described in the bid invitation, bid proposals and plans and specifications
therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION . That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid number assigned
hereto, are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AM01W
1922 1AGOE PUBLIC $23,875.04
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SE_CTIDN II. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTION-111. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided that such contracts are made in
accordance with the Notice to kidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plats and specifications, standards, quantities and specified sums
contained therein.
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SEfMONIV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved bids and authorized contracts executed pursuant thereto.
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SECTION V, That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
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ATTEST:
JENMFER WALTERS, CITY SECRETARY
BY:_
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CONMCT.DOC
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DATE: AUGUST 6, 1996
CITY_COINCI REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1922 - CONSTRUCTION OF 4" GRAVITY SEWER AT EVERS PARK
RF'CATI(?~[: We recommend this bid be awarded to the low bidder, Jagoe Public, in
the total amount of $23,875.00.
SUMMARY: This bid is for all labor, materials and supplies necessary in construction of a 4"
gravity sewer line to be constructed at the new handicapped accessible restrooms at Evers Park.
Four bid proposals were received in response to forty-six notices mailed to vendors.
BAf KGRQUND; Tabulation Sheet, Memorandum from Barbara Ross dated 7-22-96,
PROGRAM F)FPARTMI NTS R GROUPSAFFECTED; Community Development Block
Grant Department, Parks Department, Citizens of Denton utilizing Evers Park.
EIS.CALIMPACT: Budgeted funds for Community Development Block Grant Account #219-
05A-CDA9-8502.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
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Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tomb. Shaw, C.P.M.
Title: Purchasing Agent
753.AGOMA
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lilt) H 19==
BID NAMF. 4"GRAVITY SEWER AT VLTIMAT E ADIC PUBLIC CONST.
EVERSPARK
OPEN DATE JULY 18,1996 V.I- N DOR VENDOR_
DLSCRIPTK)N VENDOR _ ._--VENDOR VENDOR _._VENDOR VPAtDOR~
00 517,911.60 $23,375.00 _S43,068.00
TOTAL BID PRICE
YES YES YES YES
SID BOND
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C.iTY OF DENTON, TEXAS 100 WEST OAK . SUITE 2W DENTON, TEMS 76201 (817 07726 FAX (917 383.2345
Community Dcccbpmcnt Office
MEMORANDUM
TO: Denise Har'pool, Purchasing
FROM: Barbara Ross, Community Development
DATE: July 22, 1996
SUBJECT: Evers Park Sewer Bid
Community Development would like to accept the bid of Jagoe Public for work on the gravity
sewer line at Evers Park. Tagoe's bid was the lowest at $23,875. 1 have also spoken with Bob
Tickner wid he also recommends accepting Jagoe's bid.
Please call me at ext. 7235 if you have questions or need additional information. Thank you.
Barbara Ross
' "Drdin,lnd lu Qua i7y Jcrricc '
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Agenda Ito 'I(L
ORDINANCE NO. Date (7
A ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND TTS FARMING FOR PROPERTY
LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has certain property located at the Denton Municipal
Airport, Denton, Texas; and
WHEREAS, the City of Denton desires to lease the property for agricultural purposes to TTS
Farming in return for the payment of annual rent in the sum of eighteen dollars and fifty five cents
($1$.55) per acre for approximately 267 acres; and
WHEREAS, ITS Farming desire to lease the land at the airport for agricultural purposes and
agree to pay to the City the request rent; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-L That the City Manager is hereby authorized to execute a lease agreement
between the City of Denton and ITS Farming, a copy of which is attached hereto and incorporated
by reference herein.
SECTIONR 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:
LEASE.ORD
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DATE: AUGUST 24, 1996
CITY O tN Ii. FPORT
TO: Mayor and Members of the City Council
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FROM: Ted Benavides, City Manager
SUBJECT: BID #1919 - LEASE OF AGRICULTURAL LAND AT MUNICIPAL AIRPORT
BF. CDMMELYDATION: We recommend this bid be awarded to the highest bidder, TTS Farming,
(Ernest Trietsch, Lewis Trietsch and Todd Smith) in the amount of $18.55 per acre.
SUN ARY: This bid is for the agricultural lease of approximately 267 acres of land located at the
Municipal Airport. The land use is restricted to c.op land only. No grazing of livestock or
construction of any type is permitted. This is a one year contractual agreement renewable for four
additional one year terms.
The es'timated revenue from this lease is $4,950.00 per year,
BACKGROUND. Tabulation Sheet
MR.O . AMS1DIFPARTMENTS ORGgQ-Up,S AFFECTED: Airport Operations
S_ CA: ACT- The revenues generated from this land lease will be applied to General Fund
Revenue.
Respectfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
754.AGMA
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BID 0 1919
TTSFARMING DONALD
BID NAME LEASE OF AGRICULTURAL TRIETSCH, ^ADDOCK
LAND AT AIRPORT TRIETSCH,
OPEN DATE JULY I1, 19% & SMITH I
6 TY I DESCRIPTION I VENDOR VENDOR VENDOR VENDOR j VENDOR
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LEASES OF LAND FOR {I
AGRICULTURAL PURPOSES SI&M AC 518.00 AC
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AGRICULTURAL LEASE
BETWEEN THE CITY OF DENTON AND
SRNE.ST IETSrn LEWIS TRIETSCH AND TODD SNITS
DBA TTS PARKING,
By This Lease, entered into the -fi, day of AUGUST , 199-L, the City of
Denton, Texas, herein called LESSOR devisee and lets TTS PARNIHG
herein called LESSEE, the right and privilege to use for agricultural purposes
and for no other purposes, except as authorized herein, the following real property
located in the County of Denton, State of Texas, described as follows!
Approximately 267.7 acres of land at the Denton Municipal Airport, which is surplus
to Airport needs, for agricultural purposes, as designated in the shaded portions
on attached Exhibit At whic:i is incorporated herein.
1. The term of this Lease shall be for a period of one year beginnin on the 15
th day of _SE21~ , , and ending SSpSEKKBER 14 , 1197 ,
LESSEE shall have the right t to renew the Lease for up to four additional one year
terms. If LESSEE desires to renew the Lease, LESStS shall file with LESSOR written
notice of its intent to renew for each additional one year term not lose than 60 days
prior to the and of the term of this Lease. LESSOR shall have the right to adjust the
compensation LESSEE is required to pay, as set forth in Section 3 hereof, if LESSOR'S
consultation with the Denton County Agricultural Extension Office reveals that the
averag4 rental price of farm land in Denton County has increased by more than five
percent over the rent provided in Section 3. LESSOR shall notify LESSEE in writing of
any adjustment in the rental within 30 days of receipt of notice from LESSEE.
2. LESSEE agqrees to deliver possession of said land and promises to LESSOR on _
SEPTEMBER 14. ,997
3. LESSEE agrees to pay LESSOR in cash and as partial rental_lp ?AVbove described
property, the bum Of v[xra Tt1WgAen Era MMIM TEM"r atev~na °8``~~0 (S 4.637.SO
) ( S18.55 Dollars per acre for 250 acres of land) per year. This renml ill
be pa able in two (2) semi-yearly installments ofTWQ 1'8DQS71Km TSREE HD~RED ~`s`LffRRllli
75ADO Dollars 2.318.75 ) each, the first installment to be paid
on or before September 15 of each year, commencing September 15, 199L. and the second
installmont to be paid on or before March 1 of each year of the term of this Lease.
By September 15 of each year of the term of this Lease, should LESSEE have harvested
any crops on the 17.7 acres described in Section 4. 8M& e additional rental of
THREE HUNDRED TMKOi'1'Y EIGHT Dollars and THIRTY Cents (S 328.34 )
shall be due and payable for the year prior to the harvest.
in addition to such cash payment, LESSEE agrees to perform the following services
for LESSOR as consideration for the Lease of said property, to-wits
A. To smooth rough land areas that. are within the shaded portions on Exhibit A.
B. To remove trees and stumps that are within the shaded portions on Exhibit A.
C. The call to the attention of the City's Airport Manager potential erosion areas
on the Leased premises and the areas that are to be mowed.
D. To back or mow a distance of ton (10) feet from all fences in order to keep grass
and other vegetation from becoming a fire hazard.
4. Land Area Available (Sae Exhibit A attached). Approximately 267.7 acres Of
land is available for agricultural usage LESSEE as followat
A. Approximately 245 acres of usable land on the west side of the Airport. Also
approximately 5 acres of usable land on the northwest side of I.L.S. Clear
Zon* west of March Branch Road.
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B. LESSEE may farm approximately 17.7 acres of usable land on the southeast and
can
of the Airport along Underwood Road, as indicated on Exhibit A. Lf a crop harves landblease ontthis1717.7hacres.7 Sacres of f no crop is haLESSEE
im rv s ed, r no rental is due.
C. Airport Clear Zonesi
1. Airport Clear Zones are land areas along the runway that must be clear of
crops and be maintained in such a way as to be smooth with no holes or
large rocks in tthe area. sAirrporClear Zones are reflected on the Exhibi 8- The Ares requirements for Airport Clear tones
a. 250 feet either side of the runway center line.
b. 1000 feet to the south of the end of the Runway 17.
C. 1000 feet to the north of the and of Runway 35.
2. Acres along the taxiway must be clear and unobstructed for a distance of
75 feet from the center of the taxiway.
3. The infield area between the runway and taxiway system cannot be utilized
for agricultural purposes.
4. Crops grown at the Leased premises are restricted by the following
conditions
At Tall standing crops, over three feet in height, may not be grown
within 250 feet of the runway on the west side of the Airport.
b. Crops may not be grown between the runway and the taxiway system.
c. Crops may not be grown next to or in the vicinity of any fAA
navigational unit or structure.
S. Restrictions and Limitations
A. The land leased should be used solely for cultivation of seasonal crops.
LESSEE shall conduct all cultivation and mowing in conformity with the good
soil conservation and pasture management practices.
s. At no time will LESSEE or any individual, agent, servant or employee of
LESSEE be allowed to park or leave unattended any farm equipment, tractor or
vehicle within 400 feet of the canter line of the runway within any runway
approach area that is 500 feet from the threshold or within $O feet of the
edge any taxiway or apron.
C. At not time will the LESSEE or any individual, agent, servant or employee of
LESSEE be allowed to erect, construct or tefld any structure of any nature,
or remove or tear down any building or other improvement on the Lease
property without prior written approval of the LESSOR.
0. No new fences may be erected on the Airport property without prior written
approval of the LESSOR. All Airport boundary fence lines around the crop
area will be maintained by LESSEE.
E. crazing or pasturing of animals will not be permitted on tho Airport property
or on any Airport land leased for agricultural purposes.
P. LESSEE shall not sublease any portion of the Airport property.
AMasas
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6. The following special conditions shall govern the parties to this leases
A. 14- should be understood that LESSOR and the Federal Government shall ?love the
right to use any portion of the land for any purposes that they deem
necessary. The LESSOR will require that the areas in question be vacated
within 30 days of A written notification. Compensation for the recaptured
land will be prorated on a per acre basis, plus costs of growing crops
destroyed.
B. Land designated as "Future Hangar Arens, may be used for cultivation.
However, it is expressly understood that no compensation to the LESSEE will
be made by LESSOR for land or crops recaptured in these areas during the term
of this agreement. The LESSOR will require that these Future Hangar Areas
comprising of approximately 17.7 acres shall be vacated within thirty (30)
days of a written notification.
C. The LESSOR will have access to the property leased at any time for purpose
of any inspection deemed expedient and for the purpose of surveying, utility
placement, as well as for the use as access routes to adjacent areas of the
Airport or to public roads.
0. Material crops and all other property of the LESSEE shall be removed from the
Airport leased land by the expiration date of this lease.
3. LESSEE agrees to indemnify, defend and hold harmless the LESSOR and its
agents, employees and representatives from all penalties arising from the
violation of any ordinance, order or regulation that should occur in the
o
all
peration of the lease, as well as from and against any and all liability for ropert any nlatims# resulting from the Cges n egligence eor improper
cony of
of the LESSEE or any of its agents or employees. P per conduct
F. LESSEE agrees that it will not bring casLa or suit against the LESSOR or
assign any cause of action because of an accident, fire, noise or disturbance
resulting from the crash of an aircraft operating in the vicinity of the
anALrp d p oximity taking aoff ircraft parked , at tho being filed, tor occasied axiing or In-fl ight presence
leased area.
the
0. LESSEE expressly agrees to deliver portions of such property to the LESSOR
as LESSEE'S Crops are removed. Any crops reraininq on the leased promises
on September 14, ,1997 , shall become the property of LESSOR.
H. Further, LESSOR assumes no responsibility of liability for harm, injury or
any damaging events which are directly or indirectly attributable to premise
defects or conditions which may now exist or may hereafter arise upon the
promises, any and all defects being expressly waived by LESSEE.
Executed this the day of AUGUST 96
, 19
CITY OF DENTON, TEXAS, LESSOR
BYi
CITY MANAGER
ATTESTe
JENNIFER WALTERS, CITY SECRETARY
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ORDINANCE NO, DaSe_ 12
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:
SECTLONI. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDER_h[UMBER VENDOR AMOUNT
4
65431 MCNAUGHTON BOOK $159498.00
SUBSCRIPTION SERVICE
SECTION If. That the acceptance and approval of the above items shall not constitute a contract
between the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Purchasing Department.
SRCTNON-M. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
C
I
SECTION I That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 1446
JACK MILLER, MAYOR i
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:.
s
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: -
SOLE SOURCE
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DATE: AUGUST 6, [996
CITY-COUNCIL RF, RT
TO: Mayor and Members of tha City Council
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER #65431- MCNAUGTON BOOK SERVICE
REC We recommend Purchase Order #65431 to McNaugton Book Service be
approved in the amount of $15,498.00.
SUAIMAR V. This purchase order is for the annual book leasing program It allows the Library
system to lease multiple copies of best selling fiction and non-fiction books to meet high customer
demand. As the demand decreases the McNaughton books can then be returned to the vendor. The
lease arrangement eliminates freight, cataloging and process fees, provides free replacement for wom
out books, provides immediate availability of popular titles, guarantees fixed pricing for one year and
replaces lost books at no col. In addition, copies no longer wanted or needed can be returned at no
additional cost to the Library system.
The current [ease cost allows us to order 90 titles per month.
The McNaughton Book Service is a Sole Source acquisition and exempt from the bid process.
BACKGROTrJ, Purchase Order #65431 to McNaugton Book Service; Invoice #MO5 [479.
PROGRAMS.DEPARTMRNTSORGROUPS-AFFEC3M- City, of Denton Lil-rary System.
F1SCAL IMPACT. Funds for the lease program will be taken from the following 1995/96 budget
sources.
$ 8,000.00 Adult Book Services 100-033.0073-9109
S--1,428.00 Supplemental Funding 100-033-0073-8502
$15,498.00
Respectfully submitted:
Ted Benavides
Approved: City Manager
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
757. AGENDA
}
PURCHASE ORDER NO: 11!,4 f l THIS IS A
this rxxlltrel llxn.r Aare, on all CONFIRMING ORDER '
u,volces, delivery slops. cases, (IF MARKED)
Ctns., boxes, packkV sups and bills, DO NOT DUPLICATE
Rs4 Na Bid Ntx Date: 07 24 96 Pape No. Gl
PURCHASING DIVISION 119001 8 DEANTONf DEEX~SEXAS 76201-4354
8111383-7100 D/FW METRO 817/267-0042 FAX 817/383-7302
VENDOR MCNAUGHTON BOOK SERVICE
1NAME/ DIVISION OF BRODART CO DELIVERY CENTRAL RECEIVING S03
;ADUKSS PO BOX 3006 ADDRESS LIBRARY
WILLIAMSPORT PA 17701 502 OAKLAND ST
DENTON, TX 76201
VENDOR NO. MCH54001 DELIVERY QUOTED 07 30 96 FOB DESTINATION BUYER TS TERMS
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001 8000.00 VENDOR CAT. / N / A MFG NAME 1.000 80000.00
j CITY / 71510
BOOK SERVICE PLAN FOR ORDERS AS NEEDED THROUGH FISCAL YEAR
ENDING 09-30--96
002 7498.00 VENDOR CAT. $ N / A MFG NAME 1.000 7,498.00
t
CITY / 71510
BOOK SERVICE PLAN FOR ORDERS AS NEEDED THROUGH FISCAL YEAR
ENDING 09-30-96 }
P GE TOTAL g 15,498.00
GR ND TOTAL t 15,498.00
01 100 033 0073 9109 8,000.00
02 100 033 0073 8502 7,498.00
y.... prSTRUGT1pNS 3. Terms Net 30
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Agenda Ne.
D Agenda Item- - -
Date
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON TEXAS 76201 TELEPHONE (817) 5668307
000 of the City Manager`
CITY COUNCIL REPORT
T0i Mayor and Members of the City Council
PROXe Ted Benavides, City Manager
DATRt August 6, 1996
SUBJECTt Ordinance: Providing For a Temporary No Parking zone on
Various Streets Around the North Texas Fairgrounds from
August 16 - 24, 1996.
BACKGROUND:
In preparation for this year's North Texas State Fair and Rodeo,
Staff has prepared an ordinance that provides for temporary no
parking zones on various streets around the North Texas State
Fairgrounds. in previous years, these no parking zones have been
approved by Council to minimize congestion, noise and other
nuisances associated with the Fair. Staff feels approval of this
ordinance will benefit the area residents, mitigate potential
congestion, as well as assist the Police Department in maintaining
orderly traffic flow during the event.
The proposed no parking zones for August 16 - 24, 1996, include the
following streets:
Both sides of Carroll, From Fain to Headlee;
West side of Denison, from University to Sherman;
East side of Denison, from Sherman to Headlee;
West side of Bolivar, from Sherman to Fain;
South aide of Ross, from Carroll to Bolivar;
North side of Strata, from Carroll to Mesquite.
North side of Fain, from Carroll to Bolivar;
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED
The North Texas State Fair Association, citizens and visitors
attending the Fair, and area residents.
'DediLated to Quality Servfce"
FISCAL IMPACT
None.
Please advise if I can provide additional information.
:RESPECTFULLY SUBMITTED,
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
Jose Portugal
Assistant to the Cit Manager
x
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C:\VPD0CS%0R0\FA1RPARK.0RD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS
INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE
STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH
UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST
SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO
ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION
WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSEC-
TION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR
STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH
CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE
NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL
BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL
NORTH TEXAS STATE FAIR AND RODEO TO BE HELD FROM AUGUST 16, 1996
THROUGH AUGUST 24, 1996; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That from August 16, 1996 through August 24, 1996,
when signs are erected giving notice thereof, parking shall be
prohibited upon the following streets or portions thereof, in the
City of Denton to-wit:
Both sides of Carroll Boulevard from its intersection with Fain
Street to its intersection with Headlee Street;
The west side of Denison Street from its intersection with
University Drive to its intersection with Sherman Drive;
The east side of Denison street from its intersection with
Sherman Drive to its intersection with Headlee Street;
The west side of Bolivar Street from its intersection with
Sherman Drive to its intersection with Fain Street;
The south side of Ross Street from its intersection with
Carroll Boulevard to its intersection with Bolivar Street;
The north side of Strata Drive from its intersection with
Carroll Boulevard to its intersection with Mesquite Street; and
The north side of Fain Street from its intersection with
Carroll Boulevard to its intersection with Bolivar Street.
SECTION I That these no parking regulations shall be
effective August 16, 1996 until the closing of the North Texas
State Fair and Rodeo on August 24, 1996.
f
SECTION III. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV,= Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
not exceeding Two Hundred Dollars ($200.00). Each such person
shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such violations
such person shall be punished within the limits above.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the data of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda Item
Date
DATE: August 6, 1996
CITY COUNCIL RE_ PORT
T0: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: ORDINANCE APPROVING THE 1996 CERTIFIED APPRAISAL ROLL
RECOMMENDATION: Staff recommends approving the 1996 certified appraisal roll.
SUMMARY: The approval of the certified appraisal roll is an annual process required by the
Texas Property Tax Board. Council will also be required to approve the tax roll after the tax
rate is set. The roll lists ail the taxable property and values within the city limes for the 1996
year. For your review the appraisal roll will be available in the City Manager's Conference
room.
PROGRAMS DEPARTMENTS OR GROilPS AFFECTED: All the General Fund departments that
are supported by property tax revenue will be affected by the approval of the attached
ordinance.
FISCAL WA.CT: The total taxable value on the 1996 appraisal roll is $2,080,072,364. Once
the 1996-97 tax rate Is approved, we will be able to calculate our 1996-97 tax levy (i.e.,
property tax revenue. These funds will be used to cover maintenance and operating
expenses as well as our debt obligation.
i
Respectfully submitted:
I~
Ted Benevides
City Manager
na bYr
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Ap9mv6d by:
lj&n
AF:af
AFF01273
F
Ei\YP $\ORDVAPPRAIS.ROI
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996
APPRAISAL ROLL; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SON I. That the City council hereby approves the 1996
Appraisal Roll of the City of Denton, Texas in the amount of
$2,080,072,354.00 assessed valuation, based on the Certified
Appraisal Roil as approved by the Appraisal Review Board of the
Denton Central Appraisal District.
SECTION 11 . 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..
Z
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Apinda Na,
. Aganda Ham
Oate - 9Date 06
CITY OF DENTON, TEXAS 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: August 2, 1996
SUBJECT: An Ordinance Authorizing The Mayor To Execute The Third
Addendum To The Lease Between The City Of Denton And The
Chamber Of Commerce
RECOMMENDATION:
Staff recommends the adoption of this ordinance.
SUMMARY:
Upon approval of the City Council, the Mayor would be authorized
to execute the Third Addendum to the Chamber of Commerce Lease
which provides for a "subrogation of mortgagee" clause. Chuck
Carpenter, President of the Denton Chamber of Commerce, has
requested that the City amend the lease to enable them to borrow
the balance necessary to complete renovation of the existing
building.
BACKGROUND:
Approval of the "subrogation of mortgagee" clause would authorize
the following:
1. Any financial institution that lends money to the Chamber for
construction of any building or improvement and retains a
security interest shall have the right to enter upon the
leased premises to operate and manage the premises for the
purposes of promotion of tourism and economic development or
any other traditional chamber of commerce purpose upon default
of the chamber of its obligations to the lender.
2. The mortgagee can assign the leased premises to an assignee
with the written consent of the City
3. Provides for a notice to the mortgagee of any default of the
Chamber to the City under the lease. The mortgagee has thirty
days to cure the default and assume the obligations of the
"Dedicated to Quality Service"
r
4
F
i
lease if and when both the Chamber and the mortgagee notify
the city in writing that they want to be so notified and
provide the name and address of the mortgagee.
The subrogation of mortgagee clause does not constitute a
msubordination of the Cityis interest in any improvements to the
ortgagee. Section III of the lease provides that at the end of
the term of the lease, that the chamber will convey all of the
improvements, free ana ~ioar F
anv li
Subordination of the City's interest in the improvements to the
mortgagee, would be a major variation in the lease terms and would
require council consideration and approval. The Legal Department
has provided the usual subrogation clause, which gives the
mortgagee the opportunity to exercise all rights under the lease
and to obtain notice of default when the Chamber is in default
under any provisions of the lease but does not subordinate the
City's interest in the leased premises,
PROG ,tars, pEp_ RTMENTS
~_OR GROttac ~rLtnm~
City of Denton and the Denton Chamber of Commerce.
FISCAL• IMPLr+m.
None.
Please advise if additional information is necessary,
RESPECTFULLY SUBMITTED.
Ted Benav des
City Manager
Prepared by:
osep Portugal
Assistant to the Cit Manager
Attachments: I. Letter from Chuck Carpenter, 6/24/96
2. Third Addendum To Lease
3. Ordinance
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1
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' June 24, 1996
Mr. Ted Benavides
City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Ted;
Per my discussion with Herb Prouty, he suggested that I go ahead and contact you
regarding the Denton Chamber's lease of City of Denton property.
As you may know, the Denton Chamber has leased the property on which its building is
located since 1973. This past April, the City Council authorized an extension of our lease
through the year 2048.
Part of the reason for this extension is due to our plans to enclose the bottom level of the
existing building. We have completed the basic floor plans, and hope to finalize
construction costs within the next ten days. According to Initial estimates, we presently
have sufficient cash to cover approximately half of the anticipated construction costs.
We are also currently amortizing a note through our Building Fund to purchase the property
just north of the site on which the Denton Chamber building is located, at the northeast
corner of Carroll Boulevard and Congress, for the purpose of providing additional parking.
in order to borrow the balance necessary to complete this project, which is estimated to be
$80,000-100,040, the lending institution(s) will require that the chamber's lease include a
clause confirming subordination of the improvements. Herb agreed that this is customary
for most lease agreerients; however, since it is not specifically addressed in the existing
agreement, the City Council will probably need to take appropriate action.
We would obviously like to expedite this project as soon as possible, and will appreciate its
placement on the agenda of the next available City Council rneeting, We will be happy to
provide you with any additional Information that you may require. Thank you for your
assistance.
I
Charles W. arpenter
President
414 PAAXWAY • t.0. DRAWER P • ACCA[DIT[G
OEMOH, TEJfAS 7620~I I l tt • (117) ll 1-9601 °0"1°'
)
6: %WFDOCS%0n%CxAmBeR3. LSE
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE THIRD ADDENDUM TO
THE LEASE BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF
COMMERCE; PROVIDING FOR A SUBROGATION OF MORTGAGEE CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 21st day of August, 1973, the City of Denton,
Texas and the Denton Chamber of Commerce entered into a lease for
a term of twenty-five years, beginning the let day of September,
1973 and ending on the 31st day of August, 1998 on the following
described property, to wit: lying and being situated in the City
of Denton, County of Denton, State of Texas, being Lot 15, Block
431 of the City of Denton, Texas (approximately 25,000 square feet)
the same being land owned by the City situated on the north-east
corner of Parkway and Carroll Boulevard ("Base Lease"); and
WHEREAS, on the 16th day of March, 1976, the City and the
Chamber entered into that certain addendum to lease extending the
term of the Base Lease for a period of twenty-five years to end on
the 31st day of August, 2023; and
WHEREAS, on the 2nd day of April, 1996, the city and the
Chamber entered into that second addendum to lease extending the
term of the base lease for a period of an additional twenty-five
years, to extend the lease through the 31st day of August, 2048;
and
WHEREAS, the chamber is desirous of making major improvements
to the leased premises as described above in an amount of approxi-
mately $400,000, and the city has received a request from the
Chamber to include a subrogation of mortgagee clause in the lease,
which is necessary in the event that the Chamber needs to borrow
money from a mortgagee to complete its improvement project; and
WHEREAS, the City considers that the inclusion of a subroga-
tion of mortgage clause in the lease is essential to support the
activities of the Chamber to promote economic development and
tourism within the city and that these activities constitute a part
of the Chamber's program under TEX. LOC. GOVT CODE 5380.001 to
promote economic development and to stimulate business and com-
mercial activity and constitute a public purpose; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i That the Mayor, or in his absence, the Mayor Pro
Tem, is hereby authorized to execute the Third Addendum to Lease
between the City of Denton and the Denton Chamber of Commerce, a
true, complete, and correct copy of which is attached hereto and
made a part hereof for all purposes.
}i
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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: s
JENNIFER WALTERS, CITY SECRETARY
BY:
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROWY, CITY ATTORNEY
By.
i
r
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENCE
COUNTY OF DENTON §
THIRD ADDENDUM TO L•E-,-9B
This Third Addendum to that certain Agreement of Lease made
the 21st day of August, 1973 by and between the City of Denton,
Texas, known herein as "Lessor" and the Denton Chamber of Commerce,
known herein as "Lessee", as amended, hereinafter referred to as
"base lease":
RECITALS
WHEREAS, on the 21st day of August, 1973, Lessee and Lessor
entered into a lease for a term of twenty-five years, beginning the
let day of September, 1973 and ending on the 31st day of August,
1998 on the following described property, to wit: lying and being
situated in the City of Denton, County of Denton, State of Texas,
being Lot 15, Block 431 of the City of Denton, Texas (approximately
25,000 square feet) the same being land owned by the Lessor situ-
ated on the north east corner of Parkway and Carroll Boulevard; and
WHEREAS, on the 16th day of March, 1976, Lessor and Lessee
entered into that certain addendum to lease extending the term of
the base lease for a period of twenty-five years to end on the 31st
day of August, 2023; and
WHEREAS, on the 2nd day of April, 1996, Lessor and Lessee
entered into that second addendum to lease extending the term of
the base lease for a period of an additional twenty-five years, to
extend the lease through the 31st day of August, 2048; and
WHEREAS, the Lessee is desirous of making major improvements
to the building on the leased premises as described above in an
amount of approximately $400,000, and Lessor has received a request
from Lessee to include a subrogation of mortgagee clause in the
lease, which is necessary in the event that Lessee needs to borrow
money from a mortgagee to complete its improvement project.; and
WHEREAS, the Lessor considers the inclusion of a subrogation
of mortgage clause in the lease is essential to the activities of
Lessee to promote economic development and tourism within the City
and to its improvement program, and that these activities consti-
tute a part of the Lessor's program under TEX. LOC. GOVT CODE
6380.001 to promote economic development and to stimulate business
and commercial activity and constitute a public purpose; NOW,
THEREFORE,
The Lessor and Lessee hereby agree to addend the base lease in
accordance with the following terms and conditions:
1. That Section IV of the base lease is hereby amended to
read as follows:
G
T
S
F
SECTION IV
A. At the expiration of the term of this lease,
Lessor will acquire full ownership of the building and
improvements, free and clear of any indebtedness or
obligations, subject only to subsection B hereof. Within
ten days of the expiration of the lease, Lessee will
vacate the leased premises and will transfer and convey
the building, improvements, and premises to Lessor.
B. Any person, corporation, or institution that
lends money to Lessee for construction of any structure,
building, or improvement and retains a security interest
in said structure, building, or improvement shall, upon
default of Lessee's obligations to said mortgagee, have
the right to enter upon that portion of the leased pre-
mises upon which said fixture is located and operate or
manage the structure, building, or improvement according
to the provisions of the agreement, for a period not to
exceed the term of the mortgage with Lessee, or until the
loan is paid in full, whichever comes first, but in no
event longer than the term of this lease. Mortgagee
shall not be obligated to operate any business upon the
leased premises during its tenancy of the leased premis-
es, and mortgagee shall not conduct any business upon the
leased premises which is not related to the promotion of
economic development and tourism within the city or an
activity to promote and stimulate business and commercial
activity within the City of Menton, Texas or any other
purpose related to the activities of a Chamber of Com-
merce. If, during mortgagee's occupation of the leased
premises, mortgagee finds a suitable substitute tenant to
operate a business related to the economic development
and tourism activities described above on such portion of
the leased premises, it may, with Lessor's written con-
sent, assign such portion of the lease to such assignee.
Lessor agrees that it will not unreasonably withhold or
delay its approval of such assignment. It is expressly
understood and agreed that the rights of the mortgagee
referred to herein are limited and restricted to those
improvements constructed with funds borrowed from
mortgagee, that mortgagee shall have no right to exer-
cise, possess, or assign any options or rights of refusal
not exercised by Lessee prior to default, and that
mortgagee shall have no right to use, possess, occupy, or
assign any lease tracts upon which no mortgage-financed
fixtures are located. In the event that the mortgagee
and the Lessee provide written notice of the name and
address of the mortgagee hereunder to the Lessor, through
its City Manager, in the event of any default by Lessee
of the terms and obligations of this lease, the Lessor,
shall give written notice to the mortgagee of such
default by the Lessee. If, within thirty days of the
date of said notice, mortgagee remedies any such default
and in writing agrees to assume all of the obligations of
Page 2
I
Lessee under said lease, mortgagee shall have the right
to occupy, operate, and assign the leased premises as set
forth herein.
3. That save and except as amended hereby, all the sections,
sentences, paragraphs, terms and conditions of the original base
lease, as amended, shall remain in full force and effect.
IN TESTIMONY HEREOF, the a duly authorized representative of
the parties above have hereunto executed same on the day of
1996.
CITY OF DENTON, TEXAS
BY:
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM-
HERBERT L. PROUTY, CITY ATTORNEY
BY:~d
DENTON CHAMBER OF COMMERCE
I BY:
CHARLES W. PENTER, RESIDENT
=~wnnocs~z~cxa►asx~.uc~
Page 3
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~ber,ae rMo, ~ -03 a
A90da Item
Elate _
DATE:
CITY COON .IL REPORT I
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: RESOLUTION APPROVING THE PROPOSED 1997 BUDGET FOR THE DENTON
CENTRAL APPRAISAL DISTRICT
I
REMMINDATIQN' Staff recommends approval of the 1997 proposed Denton Central
Appraisal District's budget.
SUM_ Mppy- The Texas Property Tax Code requires taxing jurisdictions to approve or
disapprove their Appraisal District budget within 30 days after its adoption by the Appraisal
District's Board of Directors. The Denton Central Appraisal District's proposed 1997 budget
was presented to City Council by Mr. Joe Forsythe, from the Appraisal District, on July 23,
1996, and was adopted by the Appraisal District's Board of Directors on July 25, 1996.
L9M2Y2k-AfFjj2Tf&., The ty's contribution toward the
Appraisal District's 1997 budget is
included In the 1996-97 proposed General) Fund budget,
FISCAL IMPACT: The proposed 1997 budget contribution required by the City of Denton is
$3,490less than last year, (i.e., 1996 allocation $128,550 vs. 1997 allocation of $125,060).
Tax unit contributions are based on a percentage of each taxing unit's current year levy. The
City of Denton's contribution decreased due to the reduction of the City's 1996 levy
associated to a property tax reduction for 1995.98 fiscal year.
i
Respectfully submitted:
,77
Ted Benavides
City Manager
AppfovW by:
CC _l. it L7 0 51
JF:Of
APF01272
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A:WENTAPPR,AES
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996-1997
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the 1996-97 proposed budget of the Denton Central
Appraisal District was submitted to the City of Denton before July
23, 1996; and
WHEREAS, the Denton Central Appraisal District adopted this
proposed budget on July 25, 1996; and
WHEREAS, the City of Denton has 30 days from the adoption of
the proposed budget by the Denton County Appraisal District to
adopt a resolution approving or disapproving it; and
WHEREAS, the proposed budget contains a list showing each
proposed position, the proposed salary for the position, all
benefits proposed for the position, each proposed capital expendi-
ture, and an estimate of the amount of the budget that will be
allocated to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
&ECTiON i. That the City Council, pursuant to Article 6.06 of
the Texas Tax Code, approves the 1996-97 budget adopted by the
Denton Central Appraisal District.
3EC'PI, ON Imv That this resolution shall become effectiva
immediately upon this 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 1
DENTON CENTRAL APPRAISAL DISTRICT
1997 BUDGET •TABLE OF CONTENTS JUN 2 5 ffib
PAGE 1: TABLE OF CONTENTS ^
PAGE 2: BUDGET LETTER
PAGE 4: SUMMARY OF 1997 REVENUE AND EXPENSE BUDGET AND
COMPARISON TO THE 1996 REVENUE AND EXPENSE BUDGET
PAGE 6: 1997 EXPENSE BUDGET AND COMPARISON TO THE 1996 EXPENSE
BUDGET
PAGE 6: EXPLANATION OF EXPENSES
PAGE 13: 1997 BUDGET ALLOCATIONS WORKSHEET
PAGE 16: 1997 CAPITAL EXPENSES
PAGE 17: 1997 SALARY SCHEDULE
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DENTON CENTRAL APPRAISAL DISTRICT
7911 MORSE STREET
P 0. Box 2616
OENTON. TEXAS 76202.2616
617.566-M4
June 12, 1996
To the Board of Directors and the taxing jurisdictions served by DCAD, the Proposed 1997
Budget is hereby submitted. A public hearing on the Budget is scheduled for 4:00 P.M., on
July 25th.
The original 1997 departmental requests were $2,778,555. After substantial changes were
made to several accounts, including increases and decreases, the final proposed budget
is 32,802,359, which represents a modest increase of 4.2% over the 1996 Budget.
For quite some Ums, staff has kept the DCAD budget at somewhat the same level from year
to;year, with only moderate increases. This was a very difficult task since the County was
growing in both population and in the commercial sector. We suppressed the more recent
budgets by funding major projects with cash on hand. The available funds have now been
spent and the items that we need in the future will have to be paid for by the jurisdictions
through the allocation process. This means that the jurisdictions will probably be asked to
fund DCAD budgets that increase as the County continues to grow.
The primary changes in the Proposed 1997 Budget are: the addition of an appraiser for the
Personal Property Department, an increase in the reserve for legal expenses, an increase
in data processing related expenses, and an increase in the printing and postage accounts,
and an increase in the contingency account All increases are attributable to growth in
the County.
The increase in the Personal Property Department personnel is in response to growth in the
business sector. Growth in areas other than residential present difficult and time consuming
appraisal problems, especially for business personal property. The difficulties inherent in
appraising business personal property also provide opportunities for business owners to
challenge our appraisals via the lawsuit route, The increase in the legal reserve account is
directly attributable to the need for funds to deal with major lawsuits concerning business
related appraisals, primarily business personal property. A property !ax to most businesses
is little more than an overhead expense they do not care to bare. A lawsuit is the approach
chosen by many large companies to lessen this overhead expense. As the County continues
to grow, and more business locate in the County, the jurisdictions can anticipate more lawsuits
that contest our appraisal of business personal property.
Page 3
As to the other major increases, the data processing maintenance account is increasing to
accommodate the recent improvements in this function. The printing and postage accounts
are increasing due to growth in the County and due to the increase in mandated notices that
an appraisal district is required to mail. The other major increase is in the contingency account.
This item is being increased because of two factors. First, it will provide additional funding,
if needed, for lawsuits. The other reason is the lack of funds in the various other accounts
for any unforeseen emergencies. Our experience has shown that during the course of a
year, events occur that were unanticipated. Since there are no extra funds in any account
for unanticipated expenses, staff believes it necessary to increase the contingency account.
The remainder of this budget transmittal letter is a reiteration of certain information in the 1998
Budget Transmittal Letter. I believe the information to be very important and worthy of repeating.
Each year, the State "grades" DCAD through a ratio study. These independent studies are
the report card on the district. Each year, the district gets an A+. Our work stands up very
well under extremely dose scrutiny. The ratio studies indicate that DCAD performs as we J
as any district in the State, and better than most. When the ratio studies begin to indicate that
DCAD is not performing in a stellar fashion, there is a real Osk to the school districts' State
funding. When the State's funds to the schools decrease, the decrease will have to be made
up from the local taxpayer. Tax rates will increase and the political battles will be fought. We
just do not care to see this happen. We would prefer to have sufficient funding to address
our needs and continue receiving an "A+" on our report cards.
We also need to remember that the same taxpayers that would pay increased school taxes
are the same taxpayers that pay city, county and special district property taxes. Regardless
as to which type taxing jurisdiction raises its tax rate, the taxpayers will eventually vent their
wrath on all taxing jurisdictions.
In summary, the staff at DCAD requests that each jurisdiction assist the district by providing
sufficient funds so that DCAD can continue to appraise all property at Its market value. This
approach will maintain equity for the taxpayers and *11 provide the taxing jurisdictions with
a tax base that is truly indicative of the total market value of all taxable property within
each taxing jurisdiction.
/Joe Rogers
Chief Appraiser
t
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Page 4
SUMMARY OF 1997 REVENUE AND EXPENSE BUDGET AND
COMPARISON TO THE 1996 REVENUE AND EXPENSE BUDGET
1996 1997
CLASSIFICATION _ BUDGET BUDGET
REVENUES:
i
FUNDING FROM JURISDICTIONS $2,686,519 $2,799,359
INTEREST ON INVESTMENTS }
$3,000 $3,000 ?
r
TOTAL REVENUES $2,689,519 $2,802 359
EXPENSES:
a
TOTAL EXPENSES a
$2.689.619 $2,8i02,359~
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Page 5
1997 EXPENSE BUDGET
AND COMPARISON TO THE 1996 EXPENSE BUDGET
ACCT 1996 1997
ACCOUNT TITLE BUDGET BUDGET
5117 SALARIES $1,343,083.32 $1,421,044,86
5`179 SOCIAL SECURITY (FICA) $97,504.89 $103,056.42
5120 GROUP HEALTH INSURANCE
5121 RETIREMENT (TCORS) $64,23985..23 14 $142,202.88
5123 LONGEVITY PAY $29,2,832.19
5124 AUTO EXPENSE REIMBURSEMENT $1529,508 .93 .00 $ 5 14233232,056.86
5125 WORKERS' COMP INSURANCE 3.172,007.86
5126 GENERAL INSURANCE $15,772.13 ,130.28
5127 AUDIT 515,272.20 $ ;1515,272.20
5128 LEGAL SERVICES RESERVE $5,880.00 $5,250.00
5129 OIL, GAS, HEAVY INDUSTRIAL, AND $126,888.00 $130,000.00
UTILITY VALUATION $25,620.00 $26,500.00
5130 DEEDS, SALES, AND VALUE INFORMATION $34 866 77 $37,641.06
5132 PRINTING SERVICE $47,978.04 513a ' OFFICE SUPPLIES $33,250.86 $37,305.00
5134 FURNITURE 8 EQUIPMENT $30.8W.$33,250.86 $19,730.00
5135 OFFICE EQUIPMENT MAINTENANCE $30.8W.00 $19,350.00
$136 DATA PROCESSING MAINTENANCE $15,094.00 $18.790.00
5137 MEMBERSHIPS, SUBSCRIPTIONS d DUES $7.724.45 $1$9.200.80
.45
5138 TRAINING • SCHOOLS, CONFERENCES, AND TRAVEL $33,405.00 $34,470.00
5139 POSTAGE 6 FREIGHT
5141 LEGAL NOTICES d ADVERTISING u $$4,47738 ;,118.00
5143 ELECTRICITY, WATER 3 SEWER '~'88 $4 ~'~'15
5145 TELEPHONE $31,920.15 $31,920.15
5146 BUILDING d GROUNDS MAINTENANCE $16$24,356.40 $2224,656.40
5148 APPRAISAL REVIEW 80AR0 ,331.00 ,200
5152 CONTINGENCY $30,250.00 $29,250 00
5153 BUILDING d LAND PAYMENT $50,x.88 $50,088.88
5154 BUILDING 6 LAND IMPROVEMENTS $59,088.00 $59,088.00
5155 MISCELLANEOUS $$6,,200.00 $6,,200.,0000
021.00 50005156 OS'HER ASSETS $700..5157 GEOGRAPHIC INFORMATION SYSTEM $45~ .000 00 $ 57700.00
5159 REMOTE ACCESS SYSTEM x $50,0$00.00
5160 VOICE MAIL $9,000..00 $ 588 0.00
TOTAL 59,.00
$2,68, 95® $2,802,359 55
` s.
Page 6
EXPLANATION OF EXPCNSES
CLASSIFICATION 1997 1996 INCREASE OR
BUDGET BUDGET DECREASE
ACCT N 5117 • SALARIES T421,044,16
$1,343,083.32 S77,961.54
THERE ARE 40 FULL-TIME POSITIONS IN THE 1997 BUDGET, WHICH IS
AN INCREASE OF ONE FULL TIME EMPLOYEE. THERE IS FUNDING FOR
A 3.0% MERIT SALARY INCREASE. FUNOINO FOR ADDITIONAL PART
EMPLOYEES' SALARY IS BEING ADDED.
FULL-TIME EMPLOYEES S f ,384,06PART•TGAEAPPRAISER FORCOMMERCIAL PROPERTY S1Q00PART-TIME CLERICAL FOR COMMERCIAL PROPERTY $3,00PART-TIME CLERICAL FOR RESIDENTIAL DEPT.
512,38PART-TIME CLERICAL FOR LAND DEPT. $3,000PART-TIME CLERICAL FOR APPRAISAL SUPPORT DEPT. SALARY SURVEY UPDATE BY CONSULTANTS ".Owl
TOTAL SALARIES - ACCT 0 5117 3I 42, 044 N
ACCT
0 5119 - SOCIAL SECURITY (FICA) $103,086.42 $97,504.89 $5,551.53
THE FICA BUDGET ITEM IS 7.66% OF THE EMPLOYEES'
COMPENSATION.
TOTAL SOCIAL SECURITY - ACCT R 5119 3103 OM 42
ACCT 0 $120 - GROUP HEALTH INSURANCE
$142,202.88 $133,185.14 $6,317.74
4 OROUP HEALTH COVERAGE IS FOR FULL-TIME EMPLOYEES ONLY. I'
THE ANNUAL BILUNG FOR 46 EMPLOYEES FOR 1997 IS ESTIMATED
TO BE 12962.68 PER EMPLOYEE THE APPRAISAL DISTRICT DOES
NOT PAY FOR DEPENOENTS' HFALTH INSURANCE
TOTAL HEALTH INSURANCE • ACCT N 5120 $142,202.88
ACCT 0 5121 - RETIREMENT (TCDRS) $47,832.19 $64,239.23 13,392.96
THE RETIREMENT EXPENSE IS 4.79% OF GROSS PAY FOR ALL
FULL-TIME PERSONNEL
TOTAL RETIREMENT -ACCT N $121 $57,332.19
it
ACCT 0 5123 - LONGEVITY PAY $32,056.00 $29,506.00 $2,548.00
EACH EMPLOYEES LONGEVITY PAY IS $6 PER MONTH FOR
EACH YEAR OF SERVICE
TOTAL LONGEVITY PAY , ACCT 0 5123 134,0"6 00
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Page 7
EXPLANATION OF EXPENSES
1997 1996 INCREASE OR
CLASSIFICATION BUDGET BUDGET DECREASE
ACCT A 5124 - AUTO EXPENSE REIMBURSEMENT $123,007.86 $118,497.93 $4,509.93
THIS BUDGET REM IS TO COMPENSATE EMPLOYEES FOR THE USE OF
THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF
THEIR JOB DUTIES. THIS BUDGET EXPENSE IS CHANGING TO REFLECT
THE CHANGE IN THE IRS MILEAGE RATE FROM $.30 TO S.31 PER MILE.
TOTAL AUTO EXPENSE REIMBURSEMENT - ACCT 0 3124 5123,007.88
ACCT 93125 - WORKERS' COMP INSURANCE $20,130.28 $23,172.13 ($3,041.83)
1 + CCOUNT PROVIDES WORKERS' COMP INSURANCE
COVtRAGE TO THE EMPLOYEES.
TOTAL WORKERS' COMP INSURANCE -ACCT A 5125 $20.130.23
ACCT N 3126 - GENERAL INSURANCE $15,272.20 $18,272.20 ($0.00)
THE GENERAL INSURANCE BUDGET ITEM IS
COMPRISED OF THE FOLLOWING:
BUILDING. CONTENTS. ETC. $3,021.03
COMPUTER EQUIPMENT $2.070.00
GENERAL LIABILITY $8,404.00
PUBLIC OFFICIALS LIABILITY 53.777.13
TOTAL GENERAL INSURANCE - ACCT 0 5126 115.272.20
ACCT N 5127 - AUDIT $5,250.00 58,000.00 $250.00
THIS BUDGET REM IS BEING INCREASED A MINOR AMOUNT
WHICH REFLECTS A REASONABLE INCREASE.
TOTAL AUDIT - ACCT N 5127
ACCT 115128 - LEGAL SERVICES RESERVE $130,000.00 $126,888.00 $3,112.00
THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES
ASSOCIATED WITH DEFENDING VALUES. THIS ACCOUNT
IS NOW STRUCTURED TO CREATE A RESERVE ACCOUNT
TO PRCMDE FUNDING FOR LEGAL EXPENSES IN THE FUTURE.
TOTAL LEGAL SERVICES RESERVE - ACCT 0 $126 1130,000.00
l31 iw(
1F
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Page 8
EXPLANATION OF EXPENSES
1997 1996 INCREASE OR
CLASSIFICATION BUDGET BUDGET DECREASE
ACCT a 3129 •OIL, GAS, AND UTILITY VALUATION $26,500.00 $25,620.00 $880.00
THIS REM IS FOR CONTRACTED SERVICES. THE SERVICES
WERE REBID IN THE FALL OF 1995 FOR 19% 6 W.
TOTAL VALUATION SERVICES - ACCTS 5129 s2a5W.00
ACCT 0 5130 - DEED, SALES, AND VALUE INFO :37,641.06 $11106.77 $2,97439
THIS SUOOET REM IS COMPRISED OF THE PRIMARY SOURCES OF
VALUE INFORMATION.
TOTAL DEEDS, SALES AND VALUE INFO - ACCT 0 $130 $37,641.06
mv~
ACCT 0 5132 - PRINTINO SERVICE $41,305.00 $47,971.04 $13,326.96
THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT APE PRINTED.
T0TAV PRINTING - ACCT • F,132 $61.305,00
ACCT 0 5133 -OFFICE SUPPLIES $37,730.00 $33,250.86 $4,479.14
THE OFFICE SUPPLY BUDGET M COMMEO OF EXPENSES
04CURRM FOR TRADITIONAL OFFICE SUPPLY ITEMS.
'i
TOTAL OFFICE SUPPLIES - ACCT 0 $133 $37.730,00
1
ACCT • 8134 - FURNITURE & EQUIPMENT $19,380.00 $30,656.00 ($11,508.00)
THIS BUDGET SECTION IS OMDED BY DEPARTMENT, AN ASSET
SCHEDULE APPEARS AT THE BACK OF THE BUDGET.
TOTAL FURNITURE 6 EQUIPMENT • ACCT 5134 $19,330.00
ACCT 0 5135 - OFFICE EQUIPMENT MAINTENANCE $16,790.00 $15,094.00 $1,696.00
MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT FOR
THE PERSONAL COMPUTERS, THE PRIMARY COMPUTER
AND COMPUTER PERIPHERAL DEVICES IS CHARGED TO
THIS ACCOUNT, THE EQUIPMENT WCLUOES TYPEWRRERS,
COPIERS, AND FORM BURSTERS. WHEN THE COST TO REPAIR
THE EQUIPMENT EXCEEDS THE COST OF REPLACEMENT.
THE ASSET IS REPLACED AND CHARGED TO THIS ACCOUNT.
TOTAL OFFICE EQUIP MAINT - ACCT 0 6135 $16.790.00
M
Page 9
EXPLANATION OF EXPENSES
CLASSIFICATION 1997 1996 INCREASE OR
BUDGET BUDGET DECREASE
ACCT S 5136 • DATA PROCESSING MAINTENANCE
f107,326.80 $86.529.80 X20,798.00
THIS ACCOUNT IS COMPRISED OF BOTH DATA PROCESSING HARDWARE
AND SOFTWARE MAINTENANCE BOTH ITEMS ARE CHARGED TO THIS
ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL 8E
SHOWN IN ONE ACCOUNT. MAINTENANCE EXPENSES ON RECENT
DATA PROCESSING IMPROVEMENTS ARE CAUSING THIS ACCOUNT
TO INCREASE
HARDWARE RELATED
SOFTWARE RELATED 540,871.80
sse.45+.ao
TOTAL DATA PROCESSING MAINT - ACCT A 5136
1107,328.80
ACCT N 5137 - MEMBERSHIPS, SUBSC b DUES
119,200.45 $7.724.43 $1.476.00
THIS ACCOUNT iS CHARGED FOR ALL MEMBERSHIPS AND DUES,
AND SUBSCRIPTIONS TO EDUCATIONAL MEDLA.
TOTAL MEMBERSHIPS, 8UBSC 8 DUES • ACCT 5137
19,200.48
ACCT 0 6138 • TRAINING • SCHOOL!, CONFERENCES
s TRAVEL X34,470.00 X4408.00 N,oes.oo
THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED
TPAININO AND TRAVEL THB TRIPS TO AUSTIN TO PROTEST
` THE COMPTROLLER OF PUBUC ACCOUNTS PROPERTY TAX
DIVISION VALUE FINDINGS ARE ALSO CHARGED TO THIS
ACCOUNT.
3
TOTAL TRAINING • ACCT A $138
134.470.00
ACCT # 5139 - POSTAGE 3 FREIGHT
X77,118.00 X64,477.38 X12,840,61
THIS BUDGET ITEM IS COMPRISED OF THE FOLLOWNG;
REAPPRAISAL NOTICES
GENERAL CORRESPONDENCE 148.250.00
SALES LETTERS 8 RETURN MAIL POSTAGE lo'"o,oo
f 980,00
HOMESTEAD ADVIS EMENT NOTICES $4.100.00
POSTAGE FOR MULTI-COUNTY NOTICES OTHER MAILINGS '7"'00
54,7'!8.00
TOTAL POSTAGE 8, FREIGHT • ACCT 0 5138 1
577, 158.00
Page ZO
EXPLANATION OF EXPENSES
CLASSIFICATION 149 1996 INCREASE OR
BUDGET BUDGET DECREASE
ACCT 11 5141 -LEGAL NOTICES d ADVERTISING
34,000.00 $4,000.00 $0.00
THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN
NEWSPAPERS CONCERNING EXEMPTION MUTTERS SUCH AS
HOMESTEAOS, OVEAd6, OISABLED VETERANS, AND PRODUCTmw
VALUATION MUTTERS. OTHER ADVERTISEMENTS HAVE TO DO
W" APPRAISAL REVIEW NOTICES, MISCELLANEOUS CLASSIFIED
ADVERTISING, AND INVITATIONS TO BID.
TOTAL LEGAL NOTICES 3 ADV. - ACCT 115141
$4.000.
00
ACCT 0 5143 • ELECTRICITY, WATER A SEWER
f31,920.15 $31,920.15 10.00
THIS BUDGET ITEM IS FOR THE DISTRICT'S CITY PROVIDED
UPUTIES. THE BUDGETED AMOUNT IS REMAINING THE SAME
TOTAL ELECT, WATER 6 SEWER • ACCT 1E $143
131,920. f s
ACCT 0a144-TELEPHONE
$24,666.40 $24,356.40 !300.00
THIS BUDGET ITEM IS FOR THE DISTRICT'S TELEPHONE OWN,
LOCAL LINES
METRO LINES 34,642.0E
LONG DISTANCE CALLS $0,947.40
CONTRACTED MAINT&v&cE $9,420.00
MISCELLANEOUS 32.296.92
3!,350.00
TOTAL TELEPHONE . ACCT 0 5145
324,656.40
ACCT 15146 . BUILDING R GROUNDS MAINTENANCE
$22,267.00 $16,331.00 $5,930.00
THIS BUDGET ITEM COMPRISES ALL BUILDING ANO GROUNDS
MAINTENANCE. THE EXPENSE TO MAINTAIN THE AIR CONDRIONINO
UNITS IS CAUSING THIS ACCOUNT TO REMAIN AT A SUBSTANTIAL
LEVEL
(t) BUILDING MAINTENANCE
(2) GROUNDS MAINTENANCE 3 51.95oA0 .311
31,950.00
TOTAL BLDG. & GROUNDS MAINT • ACCT A 5146
122,261.00
K
Page 11
EXPLANATION OF EXPENSES
1997 1996 INCREASE OR
CLASSIFICATION BUDGET BUDGET DECREASE
$29,250.00 $29,250.00 $0.00
ACCTS $148 • APPRAISAL REVIEW BOARD
THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO ARB
MEMBERS FOR WORK DURING THE MANDATED V,%UE
ECIUALIZATON PROCESS.
MAY. RUNE AND JULY MEETINGS 523.400'00
FOUR SUPPLEMENTAL ALL DAY MEETINGS f0.80000
FIVE SUPPLEMENTAL HALF DAY MEETINGS 31250.00
TOTAL APPRAISAL REVIEW BOARD • ACCT S $146 S29.250 W
ACCT S 9152 • CONTINGENCY $30,000.00 $30,000.00 $20,000.00
THE FUNDS IN THIS BUDGET REM ARE APPROPRIATED
FOR UNANTICIPATED EXPENORURES. THE RISK OF
LAWSURS CONCERNING APPRAISED VALUES IS
CREATING THE NEED TO INCREASE THIS ACCOUNT.
TOTAL CONTINGENCY • ACCT 0 9152
306,0#0.00 $",066.00 $0.00
ACCTS 0167 • BUILDING i LAND PAYMENT
THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE -
APPRAISAL aSTwcrs sv wING AND LAND NOTE.
TOTAL BUILDING l LAND PAYMENT • ACCT S 1193 359,00.00
mmwmwmmm~
$37,000.00 $47,021.00 ($10,021.00)
ACCT S S154 • BUILDING 8 LAND IMPROVEMENTS
THIS BUDGET ITEM IS CHARGEO FOR VARIOUS BUILDING
AND LAND IMPROVEMENTS.
(1) ADO PARTIAL PARKING LOT ON WEST S I DE 920.000.00
$5,000.00
(2) ADO TREES FOR LANDSCAPING 552.000.00
(3) REPLACE AIR CONOMONI14G UNITS
TOTAL BLOC. 3 LAND IMP - ACCT S 9134 537.000,00
ACCT S $156 • MISCELLANEOUS $6,200.00 $6,200.00 $0.00
ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY.
(1) FILM 6 FILM PROCESSING $1.200.00
~
(Z) RELIASLALSINO UNEMPLOYMENT 61,000.00
(3) MISCELIANEOUS
oo
TOTAL W SCELIANEOUS - ACCT 4 S1 SS
~]s v
Page 11
EXPLANATION OF EXPENSES
1997 1996 INCREASE OR
CLASSIFICATION BUDGET BUDGET DECREASE
ACCT f $148 - APPRAISAL REVIEW BOARD $29,250.00 $29,250.00 $0.00
THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO ARS
MEMSERS FOR WORK DURING THE MANDATED VALUE
EQUALIZATION PROCESS.
MAY. JUNE AND JULY MEETINGS 523.400,00
FOUR SUPPLEMENTAL ALL DAY MEETINGS •,3,600,00
FIVE SUPPLEMENTAL HALF DAY MEETINGS $2.250.00
TOTAL APPRAISAL REVIEW BOARD - ACCT 0 5148 529.250.00
ACCT 115102 - CONTINGENCY $30,000.00 $30,000.00 $20,000.00
THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED
FOR UNANTICIPATEU EXPENDITURES. THE RISK OF
LAWSUITS CONCERNING APPRAISED VALUES IS
CREATING THE NEED TO INCREASE'na ACCOUNT.
TOTAL CONTINGENCY - ACCT 0 5182 SM.=. 00
ACCT S 5183 - BUILDING i LAND PAYMENT $39.088.00 $6$,088.00 $0.00
THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE -
APPRAISAL DISTRICTS BUILDING AND LAND NOTE.
TOTAL BUILDING i LAND PAYMENT -ACCT N 6193 559,054.00
ACCT / 5154 - BUILDING B LANG IMPROVEMENTS $37,000.00 $47,021.00 (510,021.00)
THIS SUDGET ITEM IS CHARGED FOR VARIOUS BUILDING
AND LAND IMPROVEMENTS.
(1) ADO PARTIAL PARKING LOT ON WEST SIDE 520,000,00
(2) ADO TREES FOR LANOSCAPINO 55,000,00
(3) REPLACE AIR CONDITIONING UNITS 512.000.00
TOTAL BLDG. 6 LAND IMP - ACCT A $154 537,00000
ACCT 0 5135 - MISCELLANEOUS $8,200.00 $6,200.00 $0.00
ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY.
(1) FILM 6 FILM PROCESSING $1,200.00
(2) REIMBURSING UNEMPLOYMENT 11.000.00
(3) A IISCELLANEOUS 54,000.00
TOTAL MISCELLANEOUS -ACCT 0 5153 16,200.00
e
PM 4
.ILGI
Page 12
EXPLANATION OF EXPENSES
1997 1996 INCRFASE OR
CLASSIFICATION BUDGET BUDGET DECREASE
ACCT$ S156.OTHER ASSETS $700.00 $700.00 $0.00
THIS ACCOUNT IS USED TO PURCHASE MINOR METS.
TOTAL OTHER ASSETS • ACCT N 5156 $700.00
ACCT $ 5157 • GEOGRAPHIC INFORMATION SYSTEM $50,000.00 5501000.00 50.00
THE FUNDS IN THIS ACCOUNT ARE FOR PAYMENTS
ON THE GEOGRAPHIC INFORMATION SYSTEM.
TOTAL GEOGRAPHIC INFO -ACCT $ 5157 x,000.00
ACCT 06159 • REMOTE ACCESS SYSTEM $0,00 545,000.00 (:45,000.00)
f
THIS ACCOUNT IS CHARGED FOR IMPROVEMENTS TO
THE REMOTE ACCESS SYSTEM.
TOTAL REMOTE ACCESS SYSTEM • ACCT 06159 $0.00 i
ACCT $6160 • VOICE MAIL 90.00 "1000.00 (=91000.00)
THIS ACCOUNT IS CHARGED FOR IMPROVEMENTS TO
THE VOICE MAIL SYSTEM.
TOTAL VOICE MAIL • ACCT $6160 ,00
$0
i
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a1
0
b
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Page 13
1997 BUDGET ALLOCATIONS WORKSHEET
"ALL FIGURES ARE ESTIMATES
% OF DENTON OUT OF 1997
1995 TOTAL COUNTY COUNTY BUDGET
JURISDICTIONS FAX LEW LFVIFS CHAgGE5 CHARGES ALLOCATION
SCHOOL DISTRICTS:
ARGYLE ISO 53,284.787.61 1.401% 1138,12647 $38,126.81
AUBREY ISO $1,482,613.76 0.632% $17,208.96 $17,208.96
OENTON ISD $39,396.301.76 16,797% 11457,279.73 5457,279.73
"IUM ISO 51,485,481.29 0.625% $17,009,86 $17,009.66
LACE DALLAS ISO S4,979,701.60 2123% $57,800.26 557,800.28
LEWISVILLE ISO 562,629,522.93 35231% 5959,095.24 $959,095.24
LITRE ELM ISO $2,200,203.77 0.936% $25,536.15 $25,538.15
NORTHWESTISD $14,342,T46.22 6.115% $166,478.75 $63,14200 5229,620.75
PILOT POINT (SO 52,024,338.37 0.863% 523,498.82 513,588.00 537,064.82
PONDER ISO 5663,264.18 0.368% $10,020.29 $10,020.29
SANGER ISO 52.872,95117 1.140% $31,025.41 $31,025.41
SCHOOL DISTRICTS TOTALS 5155,341,89016 66,233% $1,603,080.34 $76,710.00 $1,679,790.34
DENTON COUNTY $33776 14.220% 5367,112.97 50,00 $38~7,11297
CITIES:
CITY OF ARGYLE 5347,007.08 0.146% 54,027.77 $4,027.77
CffYOFAUBREY $100,347.80 0.043% $1,164.75 $1,164.75
TOWN OF BARTONVILLE 589,758.98 0.038% $1,041.82 $1,041.82
CITYOFTHECOLONY 34,7118.121.01 1012% $84,764.86 $54,761.86
TOWN OFCORINTH 11,078,219.78 O459% 312,491.67 $12,491.87
TOWN OF COPPER CANYON $63,490.02 0.038% $988,39 $968.39
CITY OFCENTON $10,774,414.15 4.594% $125,060.50 $125,060.50
CITY OF DOUBLE OAK $200,610.12 0.066% 32,330.84 52,330.84
CITY OF FLOWER MOUND $8,75.707.37 2.678% $78,358.63 $78,356.83
TOWN OFHACKBERRY $11,18817 0.005% 3129.63 $129.63
TOWN OF HICKORY CREEK 1282,069.99 0.120% $3,274.27 $3,274.21
CITY OF HIGHLAND VLG $3,121,720.01 1331% $38,234.35 X16234.35
CITY OF JUSTIN $128,890.20 0.034% $1,470.52 $1,470.52
CITY OFKRUGERVILLE $35,218.88 0.015% $408.79 5408.79
CITY OFKRUM $91,831.54 0.039% $1,063.58 $1,063.58
CITY OF LAKE DALLAS 5589,25810 0.243% 58,607.48 $8,607.46
CITY OF LAKEWOOD VILLAGE $25,513.54 0.011% 5296.14 5298,14
CITY OF LEWISVILLE $11,778,678,06 5.022% $136,717.16 $94.00 5136,611.18
CITY OF LITTLE ELM $158,041.33 0.087% $1,834.41 11,834.41
CITY OF MARSHALL CREEK V.059 36 0.003% $81.94 $61.94
CITY OF NORTHLJIKE 540,52310 0,047% 5470.38 $470.36
CITY OF OAK POINT $168,756.20 0.072% 111,95678 $1,958.76
CITY OF PILOT POINT 3436,059.75 0.188% $5,061.42 55,061.42
CITY OF PONDER $20,344.75 0.009% $238.15 1238.15
CITY OF ROANOKE $392,867.63 0.186% $4,580.08 $4,58006
CITY OFSANGER $373,477.00 0.159% $4.335.01 $4,335,01
CITY OF TROPHY CLUB 51.006.989.88 0,429% 511,68811 111,888.31
CITIES TOTALS 542.786969 .83 18,243% $496,635.79 $94.00 $496,729.79
t
Page 14
1997 BUDGET ALLOCATIONS WORKSHEET
-ALL FIGURES ARE ESTIMATES
% OF DENTON OUT OF 1497
1995 TOTAL COUNTY COUNTY BUDGET
JURISD1C lm IALM CHARGE
QfAB= ALLOCATION
SPECIAL DISTRICTS:
CLFARCREEK WATERSHED
UTHORrrY $16.760.26 0.007% f194.77
CORINTH MUD 5233,566.59 0.100% $194.77
DENTON COUNTY FIRE $2,711.05 52.711.05
DISTRICT $47,874.45 0.020% $565.69
DENTON COUNTY LEVY 5555.69
IMPROVEMENT DIST01 52$400,62 0.010% 5260,01
TROPHY CLUB MUD r2 $54.1,602.63 0.232% 5260.01
DENTON COUNTY ROAD & 18,321.82 58.32162
UTILITY DISTRICT 01. $1.471.150.42 0427% $t7,076.00
TROPHY CLUBMUD./1 5720,940.53 0.307% $17,076.00
LAKE TURNER M.U.D. $6,386.08 5235.88 56,603.78
$144,22 L000% $1.67 31.33
SPECIAL DISTRICTS TOTALS (3,057.668.92 1.304% ~ 4'= 68 $U,726.45
GRAND TOTALS 5234 537 711.06 100.000% $2 722 319.90 571.030,66 790,359.55
1
Page 15
1997 CAPITAL EXPENSES
UNIT
DEPT, DESCRIPTION QTY. PRICE TOTAL
DEPT. 1 -ADMINISTRATION DEPT. ASSETS
(A) CONTOUR CHAIRS FOR ADMINISTRATIVE
ASSISTANT S OFFICE MANAGER 2 $250.00 $50000
TOTAL ADMINISTRATION DEPT. ASSETS $500 O0
DEPT. 2 - COMMERCIAL DEPT. ASSETS
(A) FOUR DRAWER LATERAL FILE CABINET (42" WIDE) 1 $50000 150000
TOTAL COMMERCIAL DEPT. ASSETS 5500.00
DEPT. 3 - PERSONAL PROPERTY DEPT. ASSETS
(A) FILING CABINETS, 4-DRAWERS, W/LOCK 2 $175.00 $350 00
TOTAL PERSONAL PROPERTY DEPT. ASSETS $350.00
DEPT. S - DATA PROCESWNG3 DEPT. ASSETS
(A) PERSONAL COMPUTER W/17" MONITOR
& SOFTWARE FOR RESIDENTIAL DEPT. 1 53,000.00 $3,00000
(B) FAX SERVER 1 $6,400.00 $6,400.00
(C) REMOTE DIAL OUT/ACCESS SERVER 1 $3,800,00 $3,800.00
(D) TERMINALS 6 $300.00 $1,800.00
TOTAL DATA PROCESSING DEPT. ASSETS $15,000.00
DEPT. 8 - APPRAISAL SUPPORT DEPT. ASSETS
(A) CONTOUR OFFICE CHAIRS 6 $250.00 $1,500,00
TOTAL APPRAISAL SUPPORT DEPT ASSETS $1 500 00
DEPT. 7-RESEARCH & TRANSFER DEPT. ASSETS
(A) MICROFILM CASSETTE CABINET 1 $1,000.00 $1,000.00
TOTAL RESEARCH & TRANSFER DEPT. ASSETS $1.000.00
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Page 16
1997 CAPITAL EXPENSES
UNIT
DEPT. DESCRIPTION CITY. PRICE TOTAL
DEPT. 8 - LAND DEPT. ASSETS
(A) LATERAL FILING CABINET, 4 DRAWER, W/LOCK 1 $500.00 $500.00
TOTAL LAND DEPT. ASSETS $500.00
TOTAL FURNITURE A EQUIPMENT- ACCT 5134 319.350.00
t
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Page 17
1997 SALARY SCHEDULE
1997
BUDGETED
TITLE SALARY
ADMINISTRATIVE DEPARTMENT:
CHIEF APPRAISER $66,688.93
DEPUTY CHIEF APPRAISER $54,281.89
DIRECTOR OF ADMINISTRATION $52,672.39
OFFICE MANAGER $33,349,34
ADMINISTRATIVE ASSISTANT $30,139.01
SUPPLEMENTS 8 AGENT FORMS MANAGER $32,457.39
MAINTENANCE EMPLOYEE $17,139.20
COMMERCIAL PROPERTY DEPARTMENT:
APPRAISAL SUPERVISOR-COMMERCIAL PROPERTY $46,350.00
SENIOR COMMERCIAL APPRAISER $33,173.33
COMMERCIAL APPRAISER $25,968.81
COMMERCIAL APPRAISER $21,976.89
COMMERCIAL APPRAISER $25,968.81
140RMAnON SPECIALIST-COMMERCIAL PROPERTY $19,326.54
COMMERCIAL APPRAISER (HALF TIME EMPLOYEE) $10,000.00
FILING CLERK (PART-TIME) $3,000.00
LAND DEPARTMENT:
APPRAISAL SUPERVISOR - LAND $48,925.00
SENIOR LAND APPRAISER $34,513.16
LAND APPRAISER $28,705.01
FILING CLERK (PART-TIME) $5,000,00
PERSONAL PROPERTY DEPARTMENT:
APPRAISAL SUPERVISOR-PERSONAL PROPERTY $41,921.88
SENIOR APPRAISER-PERSONAL PROPERTY $32,488.84
PERSONAL PROPERTY APPRAISER $30,000.00
PERSONAL PROPERTY APPRAISER $22,438.55
PERSONAL PROPERTY APPRAISER $27,049.79
INFORMATION SPECIALIST-PERSONAL PROPERTY $19,163.02
k
Page 18
1997 SALARY SCHEDULE
1997
BUDGETED
T,'TLE SALARY
RESIDENTIAL PROPERTY DEPARTMENT:
APPRAISAL SUPERVISOR•RESIDEN71AL PROPERTY
SENIOR APPRAISER-RESIDENTIAL PROPERTY $31,734.
f , 947,51
51
RESIDENTIAL PROPERTY APPRAISER $26.478.21
RESIDENTIAL PROPERTY APPRAISER $25RESIDENTIAL PROPERTY APPRAISER $21,977.63
3
RESIDENTIAL PROPERTY APPRAISER $,976.06
RESIDENTIAL PROPERTY APPRAISER $21.259.20
~'2
RESIDENTIAL PROPERTY APPRAISER APPRAISAL SUPPORT CLERK $27,0999.42
42
INFORMATION SPECIALIST-RESIDENTIAL PROPERTY $17,729.
2
FILE CLERKS, 2 EA. (PART-TIME) $ 11.800 .02
SUPPORT CLERKS, 2 EA. (PART-TIME) $1,800.00
HOUSE SCALERS, 2 EA. (PART-TIME) $8,920.00
$8,640.00
APPRAISAL SUPPORT DEPARTMENT:
APPRAISAL SUPPORT MANAGER
APPRAISAL SUPPORT CLERK -11
APPRAISAL SUPPORT CLERK -1 $29.459.02
APPRAISAL SUPPORT CLERK -1 $19.164.66
APPRAISAL SUPPORT CLERK -1 $19,164'66
APPRAISAL SUPPORT CLERK -1 $19,164.66
RECEPTIONIST $f 9, f 64.21
FI _E CLERK (PART-TIME) $1,687.
$1,827.00
00
DATA PROCESSING PERSONNEL:
DATA PROCESSING MANAGER
SENIOR INFORMATION SPECIALIST $2 $255,595.34
MICROCOMPUTER SPECIALIST ,512.34
$25,768.72
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Page 19
1997 SALARY SCHEDULE
1997
BUDGETED
TITLE SALARY
RESEARCH & TRANSFER PERSONNEL:
RESEARCH & TRANSFER TECH III $33,067.85
SENIOR RESEARCH & TRANSFER TECH 11 $23,209.79
RESEARCH & TRANSFER TECHNICIAN 11 $19,664.82
RESEARCH & TRANSFER TECHNICIAN 11 $19,664.82
RESEARCH & TRANSFER TECHNICIAN 1 $16,843.75
INFORMATION SPECIALIST $19,163.02
$1,416,044.86
i
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1
Mlrnde Nd. .3
Agenda Item ~e°"G°D~,•4
. Date ~3; -E
CITY OF DENTON, TEXAS DEPARTMENT OF POLICE r
i
r
To: Ted Benavides, City Manager
From: Gary Matheson, Assistant Chief of Police
Date: August 2, 1996
Subject: Total Stationing Equipment
The City of Denton Police Department currently is participating in a Speed STEP Grant
made available to us by the Texas Department of Transportation. We have been selected
to receive an additional grant which will provide electronic equipment and training to
assist the police department's traffic division with accident investigation.
f
This grant will furnish the department with a data collector, complete desktop computer
package, software, and one week of training on its use for three traffic officers. This #
equipment and training are provided at no cost to the city. The purpose of the grant is to
improve clearance times for accident investigation sites thereby reducing congestion and
air pollution, improving traffic flow and air quality, and improving the quality of
investigations.
a
We recommend acceptance of this grant.
Gary M eson
801 E. HICKORY STREET SUITE E DENTON, TEXAS 78205
DUTY OFFICER (817) 588.8181 FAX (817) 383.7M
f
E:%WPDOWRES~DENC0.9E1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-
1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 772, Health and Safety Code, provides that
two voting members of the Board of Managers of an Emergency
Communications District shall be appointed jointly by all cities
and towns lying wholly or partly within the District; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. The City of Denton hereby nominates Don Franklin
as a member to the Board of Managers of Denco Area 9-1-1 Emergency
Communication District.
SECTION IT. 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:
t
Agenda No.
. Agenda Item
bate
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566-8307
Olftce of the City Manager
CITY COUNCIL REPORT
TO. Mayor and Members of the city Council
FROM: Ted Benavides, City Manager
DATE: August 2, 1996
SUBJECT: Resolution Of The City Of Denton City Council Supporting
Senate Bill 1021 The Amendment of The Clean Air Act To
Extend The Primary Standard Attainment Date For Moderate
Ozone Nonattainment Areas
RECOMMENDATTON-
Staff recommends the adoption of this resolution.
s
SUMMARY:
r
The North Central Texas Council of Governments (NCTCOG) and the
Regional Transportation Council (RTC) have requested local
governments in the North Central Texas region to pass a resolution
supporting the extension of the Clean Air Act. The extension would
allow cities locatEd in the Collin, Dallas, Denton, and Tarrant
areas to comply with pollution control strategies.
BACKGROUND•
Senator Kay Bailey Hutchison has introduced Senate Bill 1021
requesting an extension of the Clean Air Act for two years. The
resolution of support in effect extends the compliance period and
allows a series of transportation strategies to be implemented.
Those strategies will enable the North Central Texas region to
avert additional federal mandates. Additional mandates would come
at a cost to the local governments affected and could adversely
impact the economic stability of the region.
PROGRAMS DEPARTMENTS OR GROUPS AFFE E :
Business, industry, and consumers.
FISCAL IMPACT-
None.
"Dedicated to Quality Service"
r
vRU kS
P
y
i
b
Please advise if additional information is necessary.
RESPECTFULLY SUBMITTED:
Ted Benav des
City Manager
Prepared by:
A osep Portugal
Assistant to he Cit Manager
Attachments: 1. City Council Report, dated 7/23/96
2. Resolution
i
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i
2
Agenda No.
Agenda Item
Data
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON TEXAS 76201 • TELEPHONE (8 f 7) 566-8307
Office of the City Manager
CITY COUNCIL REPORT
TO., Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: July 190 1996
SUBJECT: Clean Air Act
RECOMMENDATION:
Approval to draft a resolution supporting the extension of the
Clean Air Act.
SUMMARY:
The North Central Texas Council of Governments (NCTCOG) and the
Regional Transportation Council (RTC) have requested local
governments in the Collin, Dallas, Denton, and Tarrant County areas
to pass a resolution supporting the extension of the Clean Air Act.
The purpose of the resolution is to afford the counties affected,
and concomitantly the region, the time to comply with pollution
control strategies :sing implemented in 1996 in order to meet clean
air standards. This will ensure that additional pollution control
mandates would not be imposed.
BACKGROl1ND :
Senate Bill 1021 has been introduced by Senator Kay Bailey
Hutchison to extend the Clean Air Act for two years. This action
is in response to the federal mandate to mitigate air pollution and
particulates in the north central Texas region. The counties which
are affected include Collin, Dallas, Denton, and Tarrant and
collectively have been designated as a moderate ozone nonattainment
area.
Under the current law, the region has until November 15, 1996 to
comply with federal clean air standards for ozone or face
additional pollution control mandates. These mandates would be
imposed based upon a reclassification of the area from moderate to
serious by the Environmental Protection Agency. Extending the
effective date for compliance would allow for control measures
being implemented the necessary time to help reduce emissions and
thereby demonstrate commitment to federal clean air standards.
"Dedicated to Quality Service'
,r
i
i i:' J£td
F
At the forefront of this effort is the strong regional
presence in
the Dallas-Ft. Worth area to achieve the goals and objectives as
outlined in the Clean Air Act. As evidence of this commitment, an
aggressive approach fueled by transportation initiatives has been
implemented. Some of those initiatives include: light
rail/commuter rail lines, high occupancy vehicle lanes, alternative
fuel vehicles, ozone action days, congestion management programs,
and programs that sncourage ridesharing.
Due to unforseen circumstances, not all of the pollution control
measures have been implemented. Approval of a resolution
supporting Senate Bill 1021 would ensure that the region has the
additional time necessary to meet the federal clean air standards.
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED:
Business, industry, and consumers.
FISCAL IMPACT:
Failure to comply with the clean air standards would mean the
imposition of additional controls which could adversely impact the
economic stability of the region.
Please advise if additional information is necessary.
RESPECTFULLY SUBMITTED:
Ted enav des
City Manager
i'
Prepared by:!
osep Portugal
Assistant to the Cit Manager
a
i
J:\WMXS\RES\020NE.RES
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING SENATE
BILL 1021 THE AMENDMENT OF THE CLEAN AIR ACT TO EXTEND THE PRIMARY
STANDARD ATTAINMENT DATE FOR MODERATE OZONE NONATTAINMENT AREAS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the North Central Texas Council of Governments
(NCTCOG) and the Regional Transportation Council (RTC), have
requested that municipalities support the extension of the Clean
Air Act for two years for moderate ozone nonattainment areas; and
WHEREAS, the areas affected include the counties of Collin,
Dallas, Denton, and Tarrant in the North Central Texas region; and
WHEREAS, under current law the area has until November 15, 1996
to comply with federal clean air standards for ozone or face
additional federal mandates designed to mitigate particulates and
the effects of air pollution; and
WHEREAS, a reclassification of the area from moderate to
serious by the U.S. Environmental Protection Agency would impose
additional controls on business, industry, and consumers and
thereby adversely impact the economic stability of the region; and
WHEREAS, a bill has been introduced in the United States
Senate, Senate Bill 1021, to amend Section 181(a)(1) of the Clean
Air Act (42 U.S.C. 7511(a)(1)), by extending the primary standard
attainment date for moderate ozone attainment areas, and for other
purposes for two years; and
WHEREAS, the strong regional commitment of the Dallas-Ft. Worth
area to achieve the goals and objectives of the Clean Air Act are
evidenced by transportation strategies including light
rail/commuter rail lines, high occupancy vehicle lanes, alternative
fuel vehicles, ozone action days, congestion management programs,
and programs that encourage ridesharing; and
WHEREAS, the extension of the primary standard attainment date
would afford the North Central Texas region and the counties
affected an opportunity to comply with the clean air standards;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That it supports Senate Bill 1021 which amends the
Clean Air Act to extend the primary standard nonattainment date for
moderate ozone attainment areas, and for other purposes for two
years.
SECTION II. That the city manager is authorized to forward a
copy of this resolution to the Honorable Kay Bailey HutcAison,
United States Senator, The Honorable Phil Graham, United States
Senator, Washington, D. C., The Honorable Richard K. Armey, The
Honorable Ralph M. Hall and The Honorable William Thornberry of the
U.S. House of Representatives.
SECTION III., 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
e
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BY.,
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
F
t
ApandA itam
- - Data
Texas Department of Transportation
P.O. BOX 3067.OALLAS, TEXAS 75221.3067 • (214) 320-6100
June 25, 1996
Congestion Mitigation and Air Quality Improvement Project
Control: 918-45-281
MPO # 4338
otal Stationing Equipment
Captain Paul Abbott
City of Denton Police Department
601 E. Hickery, Suite E
Denton, Texas 76201
Dear Capt. Abbott:
In our effort to reduce congestion and improve air quality, we have secured funds for a
project funded through the Intermodal Surface Transportation Efficiency Act for the Texas
Department of Transportation to provide to your Police Department's Traffic Division
electronic equipment to aid in accident investigations. This equipment will be provided to
the City at no cost and will include forty hours of initial training on its use in addition to
follow up training as noted in the attached agreement.
We are forwarding, herewith, three (3) copies of the agreement for the above subject CMAQ
project. These documents, and any other required documents, need to be executed by the
appropriate City officials and two counterpart originals should be returned to this office for
our further processing. The third copy may be retained for your files. After all parties have
executed these documents, one completely executed original will be returned to you.
Upon the final execution of these documents the training session will be held and upon
completion of training the equipment will be provided to the City. We are planning on
scheduling the training session for early August. Please notify us as soon as possible if
these documents will not be executed prior to July 31, 1996.
An Equal OppoTuOy fmpldyer
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rCapt. Abbott
Page 2
6/25/96
We look forward to working with you to reduce congestion on the roadways and to provide
for safe handling of traffic during incident clearances. For further information or questions
concerning this agreement, please contact Melanie Young, P.E., at 320-6229.
Sinter y,
Terry M. Sams, P.B.
Director of Transportation Operations
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF TRANSPORTATION ACCEPTING ELECTRONIC EQUIPMENT TO AID
THE POLICE DEPARTMENT IN ACCIDENT INVESTIGATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton is eligible to receive electronic
equipment and training from a project funded through the Intermodal
Surface Transportation Efficiency Act for the Texas Department of
Transportation to assist the police department's traffic division
with accident investigation; and
WHEREAS, the City of Denton will not be required to provide any
funds pursuant to the agreement, but the police department shall
make available three accident investigators for the required
training; and
WHEREAS, in order to receive such equipment and training, it is
necessary for the Council of the City of Denton to authorize the
execution of an agreement between the city of Denton and the Texas
Department of Transportation; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council authorizes and directs the
City Manager, or his designee, to execute an agreement with the
Texas Department of Transportation to provide the City of Denton
with electronic equipment to aid in accident investigations.
SECTION II. 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:
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AGREEMENT FOR A TOTAL STATION EQUI°MENT PROJECT
BETWEEN THE STATE OF TEXAS AND THE CITY OF DENTON
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This Agreement made between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called "State" or "TxDot" and the City of Denton
acting by and
through its duly elected City Council, hereinafter called "City".
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA"), Title
23 U.S.C., Section 101 et seq. establishes the National Intermodal Transportation System that is
economically efficient and environmentally sound, provides the foundation for the preservation of the
economy, and 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, the Daflas acca of the State of Texas has been designated as a non-attainment area,
and
WHEREAS, Title 23 U.S.C., Section 134, establishes that Metropolitan Planning Organizations
("MPO's") and the States' Transportation Agencies develop transportation plans and programs for
urbanized areas of the State; and
WHEREAS, the appropriate federal agencies have determined that the Total Station Equipment
Project, hereinafter referred to as "Project," is eligible for funding pursuant to Title 23 U.S.C. Section
149, ISTEA. The Project has been designated as a federal-aid project and thus this Agreement shall be
made in accordance with Federal Highway Administration (FHWA) procedures and regulations; and
WHEREAS, on the _ day of, 199_, the City passed Resolution No.
attached hereto and identified as Exhibit "A", authorizing City participation in the development and
implementation of the Project; and
WHEREAS, on the 29th day of July, 1993, the Texas Transportation Commission passed
Minute Order No. 102542, authorizing the Project through the Transportation Improvement Program;
and
AGREEMENT FOR A fOTAI STATION EOVIPMENT PROJECT (STATE AND THE GRY Oi pfMOFq RAGE 1 U nA'RDOG9IAGREEITOTAI.DEN
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WHEREAS, State and City have agreed to participate in this said Project to aid in maintaining
free and clear roadways, assist law enforcement in reducing congestion and improving traffic flow,
reducing air pollution, improving air quality, and improving clearance times for major accident
investigation on streets, highways and freeways in the City of__Denton by collection of crash
data at accident sites; and
WHEREAS, the Project shall be implemented by TxDot delivering to City, by and through the
Denton Police Department, total station survey equipment.
WHEREAS, City shall be working by and through the North Central Texas Council of
Governments; and
WHEREAS, City is a municipality and a governmental body, corporate and politic, organized
and existing pursuant to Article XI, Section 5 of the Texas Constitution.
AGREEMENT
NOW9 THEREFORE, in consideration of the premises ani of the mutual covenants and agreements
of the parties hereto to be by them respectively kept and performed as hereinafter set forth, State and
City do mutually agree as follows:
Article 1. Objectives, Purposes and Services
State and City agree that the following objectives and purposes of the Project will result in a quick,
efficient and timely manner of said purposes, to wit:
(A) Improve clearance times for accident investigation sites
(B) Reduce congestion and improve traffic flow
(C) Reduce air pollution and improve air quality
(D) Aid in maintaining free and clear roadways
(E) Insure the quality of investigations
(F) Reduce the time spent in investigation of accident sites
Article 2. Contract Period
This Agreement shall remain in full force and effect until August 31, 1999.
Article 3. The State's Duties and Responsilullities
(A) State shall furnish the following equipment to the Denton Police Department:
(1) SOKKIA SET6E Total Station package to include:
(a) Prism with target
AGREEMEM FOR A TOTAL STATON EOUIPMENT PROJECT (STATE AND THE cRV OF D wow PAGE 2 U M 00MAGREEITOTAL OEN
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(b) Prism Pole
(c) PFA 3 Tripod
(2) SOKKIA SDR - 31 Data Collector (640K)
(3) SOKKIA DR Map Software
(4) Desktop Computer Package:
(a) Pentium 75 NW with Windows 95 and DOS
(b) 14 SVGA Color Monitor
(c) Color Inkjet or Bubblejet Printer
(d) Cables and Surge Suppressor Outlet Strip
(B) State shall provide a one week operator use training session for police officers. This training
must occur prior to the State's furnishing said equipment.
O The State shall provide follow-up training during the contract period.
Article 4. City's Duties and Responsibilities
(A) City shall use the equipment on a regular basis for accidents.
(B) City shall maintain the equipment in good working order during the contract period. Should any
of the equipment be damaged or lost, City shall promptly notify TxDot and shall replace said
equipment in like kind at its sole expense within ninety (90) days after notification to TxDot
should City fail to replace said equipment, State shall have the right to terminate this Agreement
in accordance with Article 8.
(C) City shall house and maintain the equipment in the traffic section of the Denton Police
Department to be used primarily by the traffic section.
(D) City shall make equipment available to accident investigators upon request:
(E) City shall provide TxDot with documentation of equipment use every six (6) months during the
contract period to assist in evaluating the effectiveness of the Project as set forth in Article 1.
(F) City shall assume all rv;ponsibilities and liabilities for the use of said equipment.
(G) City shall make available _ 3 accident investigators for training as provided hereinabove.
Article S. Disposition of Equipment
In accordance with Title 49, CFR, Section 18.32 and 18.36, as they relate to property management, the
disposition of said equipment purchased for purposes of implementing this Project shall be determined
at the end of the contract period.
AOREEMENT FOR A TOTAL STATION EOWPMENT PROJECT i6TATE AND h¢ CrrY OF OENTL NI PAGE 7 V wo")OCOA0*66TOTAL OEN
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Article 6. Representatives
State's representative shall be Mr. Andrew R Oberiander, P.E., Freeway Management Project Engineer,
Dallas District, or his successor in the position.
City's representative shall be Ted Benavides, City Manager
or his or her successor in the position.
i Article 7. General Provisions
]AI Amendments
Any amendment to this Agreement must be executed in writing by aoth parties.
[BI Legal Construction
In case any one or more ofth 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.
[C] Governing Texas Laws and Venue
This 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 must be filed in Travis County,
Texas, and any obligations of the parties created hereunder are performable in the State of Texas.
[DI Non-Discrimination
State and City agree that employment in connection with this Project will be provided without regard
to race, color, creed, national origin, marital status, age, disability or sex. In addition, State and City for
themselves, agents and employees covenant and agree that no person, on grounds of race, color, creed,
national origin, marital status, age, sex or the presence of any sensory, mental or physical handicap shall
be excluded from participation in, be denied the benefits of, or be otherwise unlawfully subjected to
discrimination in the performance of any work under this Agreement or in connection with this
Agreement. City shall comply with all regulations of the Department of Transportation and all Equal
Employment Opportunity laws as amended by Executive Order as executed by Executive Order No.
11246 and amended by Executive Order No. 11375 and as supplemented in the Department of Labor
regulations, 41 CFR 60.
[EI Prior Agreements Superseded
This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior
AGREEMENT FOR A TOTAL STATION E6 PYENT PR6A_CT (STATE AND THE MY OF OENTOP PACE 4 U 1WP0XWOREVTOTAL OEN
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understandings or written or oral agreements between the parties respecting the within subject matter.
IF) Notices
Any notice provided for or permitted to be given hereunder must be given at the addresses designated
below by (I) depositing same in the United States Mail, postage prepaid, registered or certified, return
receipt requested, (ii) d-livering the same to the party to be notified; and (iii) sending a prepaid telex or
telegram or (iv) by fax 'ransmittal, i.e. facsimile. Such notice shall be effective upon receipt, as
evidenced by the executed postal receipt or other receipts for delivery:
If to State: Texas Department of Transportation
Attention: District Engineer
P.O. Box 3067
Dallas, TX 75221-3067
If to City: City OfDentoa
Attention: Ted Bensvides
215 E. McKinney
Denton, Texas 76201
The parties may change their respective notice addresses to any other location within the United States
by giving a notice of the change in accordance with this Section.
Article 8. Termination
This Agreement may be terminated by any of the following conditions:
(1) By written mutual agreement and consent of both parties hereto upon thirty (30) days written
notice;
(2) By State, upon the failure of the other party to fulfill its obligations as set forth in this
Agreement;
(3) By successful completion of the Project as shown in Article If.
(4) By either party, upon thirty (30) days written notice, in the event funding is not appropriated.
The termination of this Agreement and payment of an amount in settlement as prescrit%ed above, shall
extinguish all rights, duties, obligations and liabilities of the State and the City under this Agreement.
IN TESTIMONY WHEREOF, the State of Texas and City have executed duplicate
counterparts of this Agreement.
To become effective on the date last executed.
MEEMEW fOR A TOTAL STATION EGU~PMEM PR0.IECT (STATE ANO TF# CRY OP DEMOIR PAGE S U
nMP'OOCSUGREEI7OTAl DEN
rx£ors{
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CITY OF DENTON STA rE OF TEXAS
By:
Executed for the Executive Director
City Manager approved by the Texas Transportation
Commission under the authority of Minute
Order No. 102542, for the purpose and
~ effect of activating and/or carrying out the
orders, established policies, or work
Date e programs heretofore approved and
authorized by the Texas Transportation
Comrission under the authority of Minute
Order No. 100002.
APPROVED AS TO FORM: By
HERBERT L. PROUTY, CITY ATTORNEY
lay R Nelson, P.E.
Dallas District Engineer
BY4ity Date:
Attorney
AOREEWNT iOR A TOTAI STAMN EOUiPMENT PR0.IECT (STATE AND THE CRV OF OENTON} PAGE U "POOCOAGREFTOTAC DEH
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Agenda No, -0 d
Agenda Item
Date: At 1 "t--" e :
CITY CO I M REEDIL FO h AT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Consider approval of a resolution authorizing the City Manager to submit an
amendment to the 1996 Action Plan for Housing and Community Development
submitted on June 3, 1996 to the U. S. Department of Housing and Urban
Development with appropriate certifications, as authorized and required by the
Housing and Community Development Act of 1974, as amended and the National
Affordable Housing Act of 1990, as amended; and providing for an effective date.
RECOMMENDATION:
The Community Development Advisory Committee recommends approval of the following
revisions to the Action Plan:
FDAUCSiniggil,ee roject/Activity CDAC
Recomendations
amily Disposition Pr ogram S 23 350
ies of Denton S 8,250
North Texas Education and Training $ 26,432
Rental Rehabilitation Program $ 55,136
South Central Sidewalk Repair Program $ 33,600
TWU CARES Health Center Renovation Project $ 10,000
Fred Moore Activity Stage $ 0
Unprogrammed Funds $ 47,500
The Human Services Coma ttee members were polled and had no objection to the substitution of
$11,000 in CDBG funds for proposed general fund dollars.
SUMA ARY•
The original 1996 Action Plan submitted to city council included $76,236 in unprogrammed funds.
Council amended the plan to allocate $7,500 to the Fred Moore Activity Stage. Council's action
approved the submission with $68,736 in unprogrammed funds.
D0CFILF fCC FRAM EN, 9& t
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Upon City Council's decision regarding the allocation of funds in the Action Plan and the passage
of the ordinance approving the amendment, staff will submit the revised Action Plan to the U.S.
Department of Housing and Urban Development for approval.
BACKGRQIM.
Denton's 1996 Action Plan was approved by City Council on May 21, 1996. This plan and the
activities recommended by the Community Development Advisory Committee and the Human
Services Committee were based on staff estimates of 1996 HOME and CDBG funding. After
notification of actual allocation amounts, both committees scheduled meetings to discuss allocation
of the additional dollars.
The Community Development Advisory Committee met on June 18 to discuss activities that could
be funded with the additional dollars. The list of recommendations noted above will amend the
Action as follows:
Define the CHDO set aside activity as the Denton Affordable Housing Corporation's
Single Family Disposition Program.
• Increase Interfaith Ministries CDBG allocation from 0 to $8,250
• Increase North Texas Education and Training Coop, Ine.'s CDBG allocation from
$23,682 to $26,432.
• Increase funding for the Rental Rehabilitation program from $50,000 to $55,136.
• Increase funding for the South Central Denton Sidewalk program from $20,000 to
$33,600.
• Fund renovation of four Phoenix units for use as a T WU CARES health facility.
This is an increase from 0 to $10,000.
• CDAC made no recommendation for funding of the Fred Moore Activity Stage.
The CDAC's recommendations left $47,500 in unprogrammed dollars. This includes the $7,500
reallocated by City Council on May 21. Minutes from the June 18 CDAC meeting are attached.
The Human Services Committee was scheduled to meet to consider shifting some v ercy funding
from proposed general fund dollars to CDBG dollars. However, it was not possib to reach a
quorum. Members were polled over the phone and there was no objection to the shifting of
programs from the general fund to CDBG.
PROGRAM, D P RTh~ NTS OR GRO IPS AE CI
Denton Affordable Housing Corporation
Residents near and users of Fred Moore Park
Interfaith Ministries
North Texas Education and Training
Rental Rehabilitation Program
South Central Sidewalk Program
TWU CARES
Program Beneficiaries
Community Development
Parks and Recreation Department
DOCHLEXURAMEN.96l2
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Engineering and Transportation Department
FISCAL IMPACT•
All funds project funds are federal HOME and CDBO funds. The revised Action Plan will reduce
the amount of proposed general fund dollars needed for human services by $11,000. This will not
change the level of support to any agency included in the original document. Community
Development staff will monitor the activities and provide technical support.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Barbara Ross
Community Development Administrator
Approved:
i
Frank Robbins, AICP
Director for Planning and Development
Attachments:
Copy of resolution
Copy of June 18 CDAC minutes
DGCF[MCCPRAMEN.W3
J:\WPDDCS\RES"CTIONPL.RES
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO
THE 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT
SUBMITTED ON JUNE 3, 1996 TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED
AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,
AS AMENDED; AND THE NATIONAL HOUSING ACT OF 1990, AS AMENDED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is concerned with the
development of viable urban communities, including decent housing,
a suitable living environment and expanded economic opportunities;
and
WHEREAS, the City of Denton has a special concern for persons
of low and moderate income; and
WHEREAS, citizen participation requirements have been met; and
WHEREAS, the City of Denton, as an entitlement City has
prepared, through the citizen participation process, a program for
utilizing its 1996 community development funds and program income
in the approximate amount of $1,752,733; and
WHEREAS, the City of Denton's actual funding allocation was
$95,380 more than anticipated; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton, Texas
hereby authorizes the City Manager to sign and s,•bmit to the
Department of Housing and Urban Development an amendment to the
1996 Action Plan previously submitted for approval. to make
appropriate certifications for community development funds under
the Housing and Community Development Act of 1974, as amended, and
the National Housing Act of 1990, as amended, that adjusts programs
allocations to utilize the total funding of $1,752,733.
SECTION Ii. That the City Council of the City of Denton, Texas
authorizes the Director of Development Services to handle all
fiscal and administrative matters related to the amendment, the
Action Plan and the assurances.
SECTION III. That the City Secretary is hereby authorized to
furnish copies of this resolution to all interested parties.
SECTI.ON IV. That this resolution shall become effective
immediately upon its passage and approval.
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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:
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OFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE MEETING
JUNE 18, 1996 - S:OOP,M.
COMMUNITY DEVELOPIviENT OFFICE
Members Present: Larry Bailey, Roberta Dousbach, Peggy Fox, Ann Hatch, Dorothy Martinez,
James McDade, Lisa Polack and Jean Ellen Rogers
Members Absent with Notification: Nathaniel Johnson
Staff Present: Barbara Ross, Luisa Rodriguez-Garcia and Alma Espino
Meeting was called to order by Mr. McDade.
The meeting began with a brief presentation of revised applications for consideration by the
Community Development Advisory Committee.
TWU C.A.R.E S - Dr. Rosemary Goodyear Requesting $10,
Dr. Goodyear began by stating that the request has been changed from new construction to
renovation. The amount needed is a lot less money. The funds requested would provide for the
renovation of four apartments at the Phoenix Apartments. The four apartments are being provided
by Denton Housing Authority. The renovation will increase the space, of the clinic, from 800 to
2300 square feet. An architect from TWU provided the plans of the facility. Additional support
for remodeling is being sought through other sources and volunteer groups such as Habitat for
Humanity, Dr. Goodyear asked if there were any questions.
Ms. Ross asked what the status of the lease was with Denton Housing Authority. Dr. Goodyear
replied that it was indefinite as far as she was aware. Ms. Fox asked if TWU C,A.RE.S. would be
moving, Dr. Goodyear replied that TWU C.A.R.E.S. would be moving and turning over the current
space for dental services and other new services from Texas Woman University. Ms. Ross asked
if there would be a problem in obtaining a long term lease to receive funding, Dr. Goodyear stated
that she did not think there would be any problem in obtaining a long term lease. Mr. Bailey asked
if the Phoenix Apartments were controlled by the City of Denton. Ms. Ross explained that Phoenix
Apartments are controlled by the Denton Housing Authority an independent organization. The
mayor appoints members to the board but Denton Housing Authority answers only to the board.
Ms. Polack asked what Dr. Goodyear's plans were for the previous proposal. Dr. Goodyear replied
that it had been changed, but that her goal was to some day have a new facility, to better serve the
community. Ms. Donsbach asked what steps are being taken to coordinate services with North
Texas Community Clinic. Dr. Goodyear replied that they have a collaborative effort and do
referrals. North Texas Community Clinic focuses on maternity and pediatrics. TWU C.A.R.E,S.
focuses on all the family. Ms. Donsbach asked if there was any duplication of services. Dr.
Goodyear replied that there was not a duplication because the clinic takes care of a large group of
the working poor. These are people who have three to four jobs but have no insurance. They
cannot afford insurance. They want to pay for their medical expenses but cannot afford to pay the
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OFFICIAL MINUTES
CDAC MEETING
JUNE 18, 1996
PAGE 2
full amount to visit a doctor. T VU C.A.R.E.S. also has the only program in Denton County that
screens fcr breast and cervical cancer.
Fred Moore Activity Stage - Ed Hodne - Requesting: $44,811.1 1 don t - 37 231.43 don 2
Mr. Rodney stated that the application has not changed. All the elements are still being requested.
The amount has been fine-tuned to an amount slightly less than $45,000 that was first requested.
Another consideration, for the committee, would be leaving off the cost of the backdrop/sound
board The cost of the backdrop/sound board would $6,250 and constructed out of wood and other
materials. He added that the cost for the Civic Center backdrop had cost $25,000. Mr. Rodney
asked if there were any questions.
Mr. Bailey asked how many people are pushing this project. Ms. Ross asked if there had been
input at neighborhood meetings. Mr. Rodney stated that the main support came from the
Juneteenth Committee. He also added that the request had also come from other persons in the
community. Ms. Donsbach asked if there :vat an opposition to the noise the sound stage would
bring. Mr. Rodney replied that anyone using 018 stage would need pennission from the City
Council for use after curfew hours. Ms. Fox asked if there were other neighborhood activities held
at Fred Moore Park besides the Juneteenth Celebration. Mr. Rodney replied that church groups
will probably use the stage. Ms. Fox asked if there were any other parks that have a stage. Mr.
Hodney stated that the Civic Center Park had a stage. Mr. Bailey asked why a sound board was
necessary for the stage. Mr. Rodney replied that it improves the quality of the sound. The Civic
Center stage sound board cost around $25,000 and for the Fred Moore stage wood and other
materials will be used to lower the cast to $6,250. Mr. Bailey asked if rent would be charged to
use the stage. Mc Rodney stated that the.Civic Center stage does charge for use. Ms. Fox stated a
concern that this stage wo•.,Id prevent the neighborhood from becoming part of the mainstream by
holding Juneteenth at Fred Moore Park. Juneteenth should be held at a more centralized location
like the Civic Center Park where the whole community can participate. Ms. Polack asked if a
portable stage would be more economical. Mr. Rodney stated that the portable is smaller and
requires time for set up and take down. He added that a portable stage deteriorates faster than a
permanent one. Ms. Polack asked who would build the stage. Mr. Rodney replied that the work
would be bid out to contractors and would be awarded to the lowest bidder. Mr. Bailey ask-d if
there were any events that would keep Juneteenth from happening at the Civic Center Park. Mr.
Rodney stated that there is usually no other event held around that time at the Civic Center Park.
Mr. McDade stated his concerns regarding the location of the stage. Mr. Hodney replied that the
Juneteenth Committee working with the NICE committee had planned the location of the stage.
Denton Affordable Housing Co ration , Jane B. Provo Reques ing, $23.350
The funding requested will be an addition to a pool of funds for bidding on HUD homes. The
HUD homes would be renovated and then sold. This funding will allow the Denton Affordable
Housing Corporation to move more quickly on purchasing a home. Borrowing money with interest
and repaying the loan can take time. The Denton Affordable Housing Corporation has obtained
a
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OFFICIAL, MINUTES
CDAC MEBfING
JUNE 18, 1996
PAGE 3
two homes from HUD a,.,; has put in a third request. The extra money in the pool will hel speed
up production to make more homes available. The homes, once renovated, would be sold with
assistance from the City of Denton's Homebuyer Assistance Program.
Ms. Ross stated that the reason for the request for additional funding is that 150 is required to be
set aside for CHDOs. Tlus amount must always be set aside. Ms. Rogers asked if this meant that
the committee would have to allocate funding to this program, Ms. Ross stated that if the
committee did not like the activity it could request that the funding be used for another program.
Ms. Ross added that the funding could be given to another CHDO. Community Services
Incorporated is a CHDO and serves Denton County. They were advised about applying but no
proposal was ever submitted. Ms. Ross added that Community Services only does bare bones
work. Ms. Provo stated that Denton Affordable Housing Corporation is in the process of obtaining
an apartment complex. Denton Affordable Housing Corporation will offer affordable rents at the
complex. The funding would also provide the ability to buy down the interest on the loan for a
purchase of a HUD home. Ms. Ross added that Denton Affordable Housing Corporation is
purchasing the HUD homes that would otherwise be purchased by Realtors and sold at a higher
price, Ms. Rodriguez-Garcia stated that lenders are excited about Denton Affordable Housing
Corporation program. She added that there are just not enoagh houses in good condition, which is
a requirement of the Homebuyer Assistance Program.
Discussion of possible uses of additional funds allocated by U.S. Department of Housing and
Urban Development
Ms. Ross stated that City Council has requested that the stage be funded. Several options had been
offered for the committees consideration. Ms. Ross suggested that if the committee plans not to
make a recommendation for the stage that the committee not allocate the funding for the stage,
elsewhere. Ms. Martinez asked what the listed option for $11,000 administration for Human
Services was for. Ms. Ross stated that this would defray some of the cost to the general fund by
substituting $11,000 of CDBG funds. Ms. Polack asked what the contingency money would be
used for. Ms. Ross replied that the money is used for any problems or funding needs that arise.
Mr. McDade stated that he liked Option IV, which provides for the least funding for the stage. Ms.
Ross added that this option to leaves out the cost for the sound panels, which could lower the
amount of funding. The Parks Department would then come back and request Cae funding for the
sound panels next year. Several members stated that there should have been more respect for their
time spent in making their recommendations. Ms. Ross stated that the only recommendation that
City Council had changed was the Speed Humps for $7,500, when the additional money became
available City Council asked that the activity stage funded. Several members noted that they would
be in more support if they believed that citizens wanted the stage. Ms. Ross stated a change, when
Jerry Clark from the Engineering Department spoke with the committee he stated that they wanted
to do Neff and Greenlee Repave together. This option can be replaced it with the South Central
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OFFICIAL MINUTES
CDAC MEETING
JUNE 18, 1996
PAGE 4
Sidewalks Option. Mr. McDade stated that members should remove Neff Repave from Option W.
and replace with South Central Community Sidewalks. Ms. Ross mentioned that if the committee
votes to recommend an option, the option will be put out for public comment for 30 days. At the
end, on August 6, the revised or amended Action Plan will be presented to City Council. Ms.
Martinez asked if a statement could be included stating that the stage was being funded due to city
council request. Ms. Ross agreed that the committee could choose to recommend all activities and
include a statement. A suggestion was made for a letter instead of a statement. Ms. Martinez
added that it is very important to let the citizens know. Mr. McDade stated that a lot of money is
being spent in Southeast Denton. Mr. Bailey added that the money to be allocated was to help all
low income families not just an area. Ms. Donsbach felt that there are more pressing needs. Mr.
Bailey suggested that a vote be taken and admit that there are several council members who will
override the committee's decision. Make the vote public record and still vote the way City Council
wants. Mr. Bailey agreed that a letter from the whole committee would be beneficial. The letter
should state that the committee voted for the stage due to council action and request. The letter
should also state that the committee desires the lowest amount to be funded and that the balance of
funds should be used for the entire community. Mr. Bailey added that he had visited with several
persons from the community and no one was very excited about the stage. Juneteenth usually
brings activities that persons in the community do not want. It brings alcohol, crowds and other
problems. Ms. Donsbach stated that she like the idea about mainstreaming the activity. Ms. Fox
added that the cultural event of Juneteenth should be shared witli everyone. Ms. Ross stated that
there would be a 30-day comment period to receive public comments from citizens, which will in
turn be taken to City Council on August 6.
A motion was made to vote on the following options. The motion was seconded.
CHDO Set Aside - DAHC Single Family Disposition Program $23,350
TWU C.A.R.E.S. Renovation $10,000
South Central Sidewalk Program .....................................$13,600
Rental Rehabilitation Program $5,136
Contingency Funds ..............................................$10,000
Human Services Funding $11,000
The committee members voted approval on each motion separately.
Mr. Bailey made a motion not to recommend the Activity Stage. Ms. Martinez seconded the
motion. The committee voted to approve the motion.
The letter will explain why the committee chose not to fund the activity stage. The letter will give
information on how the committee handles its processes, who the committee heard from, how the
committee deliberated and how much time was spent. The letter will also give reasons and
concerns about no voting in favor of funding the stage. The reasons are as follows: The
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OFFICIAL MINUTES
CDAC MEETING
JUNE 18, 1996
PAGE 5
committee thinks that the cultural activity should be available outside of the neighborhood for
others to participate. The stage will not be used much. There are greater needs. The committee
believes that the citizens in the neighborhoods do not want the stage.
Tentative August/September meeting date
Tentative meeting was set for the last week in August on Tuesday.
Meeting adjourned at 6:25.
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Agenda kn. -D.3d
. Agenda Item- l
Date
WY of DENTONy TEXAS MUNICIPAL BUILDING • 215 E McKINNEY • DENTON, TEXAS 76201
1 (817) 566-8200 • DFW METRO 434.2529
MEMORANDUM
DATE: August 1, 1996
i
TO: Ted Benavides, City Manager i
{
FROM: Jon Fortune, Chief Finance Officer
SUBJECT: AD VALOREM COLLECTION RATE FOR 1996-97
A
As you are aware, ad valorem tax collection revenue is split between the General Fund
(for operations and maintenance) and the Debt Service Fund (for payment of bond
principal and interest).
The purpose of this memo is to certify that the anticipated collection rate used for
both the General Fund (operations and maintenance) and debt service components of
the tax rate calculation is 100% for the 1996-97 fiscal year. Also, I am pleased to
report that the City has collected 98.28° of 1995 taxes plus supplements (see
attachment).
If you have any questions, please do not hesitate to contact me.
JF:d
AFF01270
I
"Dedicated to Quality Serske"
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CITY OF DENTON
TAX COLLECTION REPORT
Report for the Month Ending
July 31, 1996
DELINQUENT TAX COLLECTION: Currant Month Fiscal Year Total
1985 & PRIOR $36.61 $557.17
1986 58.42 462.97
1987 99.42 765.91
1988 293.21 2,288.75
1989 322.35 5,563.44
1990 357.68 18,146.55
1991 155.68 31,589.12
1992 1,888.33 20,004.24
1993
1,655.28 35,471.85
1994 2,296.75 72,189.64
Total Delinquent Collection $7,163.59 $187,039.54
Penalty & interest 3,358.75 64,397.17
Total Prior Year Collections $10,522.34 $251.436.71
CURRENT TAX COLLECTION:
1995 $59,707.80 $10,888,045.56
Penalty & Interest 9,509.47 41,104.17
Total Current Year Collections 89.217.27 10 927 149.73
Total Tax Collections $79,739.61 $11,178,586.44
1995 Tax Levy $11,078,657.11
Collections-YTD $10,886,045.56 98.26%
Delinquent Collections-YTD $187,039.54
Prior year reference data for the same time period
1994 Tax Levy $11,080,318.41
Collections-YTD $10,882,421.90 98.21°
Delinquent Collections-YTD $154,821.51
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Agenda panda
. Date Item
Date
WY of iDEWWo, TEXAS MUNICIPAL BUILDING 215 E McKINNEY DENTON, TEXAS 76201
f8 } 7) 566.8200 • DFW METRO 434.2529
MEMORANDUM
DATE: August 6, 1996
TO: Ted Benavides, City Manager
FROM: Jon Fortune, Chief Finance Officer
SUBJECT: NOTICE OF EFFECTIVE TAX RATE UUV
Attached please find the "Notice of Effective Tax Rate." The law requires
municipalities to submit the notice to the City Council and publish it in a local
newspaper.
The notice contains next year's effective tax rate, rollback tax rate, and the notice-
and-hearing limit. As you are aware, the effective tax rate allows the public to
evaluate the relationship between taxes for the current fiscal year and upcoming fiscal
year. This rate will produce the same amount of tax revenue if applied to the some
properties in both years. The rollback rate is the highest tax rate the City can set
before taxpayers can start rollback procedures. The notice-and-hearing limit Is the
highest rate the City can set before it is required to schedule hearings to discuss the
proposed tax rate and publish notification of the hearings.
If you have any questions or comments, please do not hesitate to contact me.
0:0
Attechmmt
AFF01271
"Dedicated to Quality Service"
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1446 PROPERTY TAX RATES IN CITY OF DENTON
bou ao01d connerm 1!, 4 yyropert.xCa tax crater to the ice¢alerau tM iesingt ran lttous eed lto
about three tax rataDaat ye fect taxes ail property tuna :year' rties taxed tie both Yeas ~t This year~i tort axe watt
taxes a last star i[ you rope
icoeo,, highest each coo* eM the es tg ~t of aiifound by el'H dirt' the taxpayers uuune of taxes byrttu btax tax tots
total base fives psi 1100 oel of taxable ,ilaiertyl with a justeents me required by state law, The rates
Lest yrr'a tax "tat / 4.411, 170
4
Use year's operating taxes
I/ lAst year's debt taxes 1 1 1 44,,407514,,177
27
Lest year's total toes 7,047,790,111
Lest year: tax bass ,5/01/1100
Lees Year's total ttx rate
This ysar's effeeeivs I" "tae
Lest year -A adjusts$ taxes / 11,010,197
. This leaf's adjusted taxxbaa~ Sesc Droptrtyl
y 073,190,
1 (attar subtracting slut of we property) 71 111
,S1fU0am
This year's effective tax rate
A 1.07 . IlaxLinda rate unless unit publishes : ,5/71/1100
eat Ices and bolds bearing
This yssr's rollback tas total
EAst Years adjusted operating tesas 4 9f D, I4f
letter oubtraetea taxes on lost property) 7,074 H0 711
esx head 4131/++100
ShIs year's ad natal
This year's eltective operating rate ,4]97/5100
x 1.01 . This year's ..slaw operating tats ,1077/ji100
• This years debt rate ,77761 100
71,14 Year's rollback Tats ,304/1100
said@ tax Adjustswnt tat: ,1416/1100
fallback tax rate
SCHEDULE A: Unencumbered Fund Balances
the old oln the tfiscal year. Thwll ese Dbalanbces areeknot oencumbered by M coinsponding account debt
obligation.
Tyra: [ Pron:rty Tax road M~ la~ea ,
General Fund 6 1.213,915
Go r I Debt service Fund 1 U4.f 7S
SCHEDULE B: ]946 Debt Service the f
oll tixes.i These eAsountsyWill be pa Ot train pproopertyt to ri enq-o lot additionaleiles taxy revenues,
1f appllcablel.
Principal 4 Interest Requirements for
1-97
Principal interest Total
ma..-t ti sof Debt m 1: UU Te 9s 9aie t4Y1y6L
1985 General Obligation Patunding 1 0 { 0 1 0
1117 General Obligation 175,000 14400 711,400
1507A Certificataa of obligation 171,000 7.SOO 117,500
1917 certiflna' a cc Obligati an 1i5".000 1,12% 20. %25
00 74,177 721,575
1918 Geniis !Ibligauon
1112 General ':ligation 176:0 00 37,415 771,475
1019 eertlfha es o. Obligation 17,115 7.474 70,931
191114 Certllica:es of ObllgctIan 179,111 74,010 151,130
1f I1 Certificates of Obligation 20,000 151,710 7/1,710
1007 General Ooligatlon
1297 Certificates of cblixaWd. 55,000 10,197 15,195
1197 certificates of Obligation 1!0,000 1H, 17 110,093
1011 General obligation
111114 General obtAgetlon FefundLng IIIS1,114 661,014 7,101,210
111114 csstifl sites of Obligation S4 S50 41,1/0 106,199
1994 Cattle rates of Obligation 757,710 70,910 411,770
1955 cortif )Cates of obligatlma 10,090 97,770 177,110
3113 General Obligation
1211 Car t itlCato@ of Obligation 10,000 110,111 720,144
1191 General Otlillestian s1.+f6 144.12
1591 Genetai obliie _sl.l11
t3.l21.fss 11a170.S90 1y~9.s6s
Tout re?uired for 1f 26 debt derv)
- Mount ( I any) paid Lros funds Baud In schedule 14 ~t74,6Sn
fxceas collections last year 91,)91,01/
Total to bin pals frog taxes in 1994
• Amount added in anticipation that the unit will 1
call est 1001 of its taxes in 1191 14.]21.411
Total Debt Service Levy
service. Debt urvlce amount.
t totals does net lnctu for Motor Pact or 1 1 d east@ rund,o General
The
SCHEDULE C: Expected Revenue from Additional Sales Tax
loodroWn4 4 aRecu•m end mlowk ss rwr. Ile wnY MYrawd ►,r i rYl mrsFr 17,29 ~,p1 su sddraul ukm anf n sin nv4wn,
The win commie a 7mxnarl or aAU1 d1ordw Del rt"i or rue cakeWsusa. Two. on suspect a oM of sr pill akuM6m w ew ORca of
64 Cq Secn:ry,115 E. 54 Kiwq. Denali, Telu.
Boner of perm pnprrus Ila [kel JFiams " r-o, 01Ten
Irk a cone
Dow 1Yepatvd. Au1us 1.1906
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Agenda No, lD
Agenda Item a"
Date
BOARD/COMMISSION NOMINATIONS
1996-97
AIRPORT ADVIB RY BOARD
Dist CURRENT MEMBER NOMINATION TERM COUNCIL
*7 John Dulemba Terry Garland 1994-96 Miller
*3 Don Smith Ann Houston 1994-96 Biles
*4 3'ames Jamieson James Jamieson 1994-96 Cott
*5 Jim Risser Jim Risser 1994-96 Beasley
ANIMAL SHELTER ADVISORY BOARD
DIST CURRENT MEMBER NOMI ATION T= COUNCIL
*2 Joella Orr Joella Orr 1994-96 Krueger
5 Vacant Mary Bendzick 1996-98 Beasley
6 Vacant 1996-98 Brock
BOARD OF ADJDSTM
DIST CURRENT MEMBER NOMINATION COUNCIL
*5 Rebecca King Rebecca King 1994-96 Beasley
*3 Bob Hagemann Greg Muirhead 1994-96 Biles
*4 Joe Bendzick Joe Bendzick 1994-96 Cott
*2 Larry Collister Larry Collister 1994-96 Krueger
BUILDING CODE BOARD
DIST CURRENT MEMBER NOMINATION T= COUNCIL
*3 James Pykes (ALT) Bob Hagemann 1994-96 Biles
*4 Byron Woods (ALT) Byron Woods 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
z
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CABLE TV ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
*5 Mark Burroughs Mark Burroughs 1993-96 Beasley
*2 Richard Rodean Richard Rodean 1993-96 Krueger
3 Vacant 1996-98 Biles
4 Vacant 1996-98 Krueger
COXMITY DEVELOPMENT ADVISORY CONNTTTjjZ
DIST CURRENT MEMBER NOMINATION TEBM COUNCIL
*5 Dorothy Martinez Jean Hinojosa 1994-96 Beasley
*6 Peggy Fox Peggy Fox 1994-96 Brock
*7 Jean Ellen Rogers Jean Ellen Rogers 1994-96 Miller
*3 Larry Bailey Kimberly Franklin 1994-96 Biles
*5 Ann Hatch Ann Hatch 1994-96 Beasley
DATA PROCESSINO_ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION T COUNCIL
*3 Rosa Lawton Warren Searle 1991-96 Krueger
3 Bruce Mitchell Lisa Green 1994-96 Biles
*4 Renae Seely Renae Seely 1994-96 Cott
5 Vacant Vicki McCombs 1996-98 Beasley
6 Vacant Maurine Saringer 1996-98 Brock
DOWNTOWN ADVISORY BOARD
BST CURRENT MEMBER NOMINATION TEBM COUNCIL
*3 Geneva Berg George Goen 1994-96 Biles
*4 Joanna Deonath Joanna Deonath 1994-96 Cott
*5 Joy Williams Joy Williams 1994-96 Beasley
*6 Michael Flanagan Michael Monticino 1994-96 Brock
*7 Rahna Raney Bette Sherman 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
ELECTRICAL CODE BOARD
DIST CURRENT MEMBER NOMINATION TERM! COUNCIL
*3 (John Hardinger) John Hardinger 1994-96 Biles
(;faster Electrician)
4 Don Fox 1994-96 Cott
*1 Robert Kicks (ALT) Robert Hicks 1994-96 Young
HISTORIC L•MURK CONIIISSION
DIST CURRENT MEMBER NOMINATION Tw COUNCIL
*3 (Kenneth Morgan) Diane Ricks 1994-96 Biles
(Real Property owner)
*7 Judy Cole Peggy No,ton 1994-96 Miller
*2 Jim Kirkpatrick Jim Kirkpatrick 1994-96 Krueger
HUNAN SERVICES CON1i1 TTE_E
DIST CURRENT MEMBER NOMINATION ~ COUNCIL
*6 Pat Muro Fran Miller 1994-96 Drock
*7 Diana Briggs Carol Brantley 1994-96 Miller
*2 Kevin Miller Charles Saunders 1994-96 Krueger
*4 Sandy Kristoferson Wallace Duvall 1994-96 Cott
XREP DENTON BEAUTIFUL BOARD
DIST CURRENT MEMBER NOMINATION TEEM COUNCIL
*1 Mabel Devereaux Larry Mullen 1994-96 Young
*6 Gayla Robles Gayla Robles 1994-96 Brock
*7 Vera Laney Vera Laney 1994-96 Miller
*3 Fjola Jeffries Fjola Jeffries 1994-96 Biles
*4 Bill Watson Dee Dee Scott 1994-96 Cott
*2 Robert Gentile Mark Osborne 1995-97 Krueger
(resignation)
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
F
LIBRARY BOARD
DIST CURRENT MEMBER NOMINATION TERM CO CIL
*7 Kjell Johansen Kjell Johansen 1994-96 Miller
*3 Kathy Pole Kathy Pole 1994-96 Biles
*4 Ema Ruth Russell Ema Ruth Russell 1994-96 Cott
PARRS AND RSCR TTON BOARD
DIET CURRENT MEMBER NOMINATION
TFCOUNCIL
*7 Tom Judd Annie Burroughs 1994-96 Miller
*2 Loyce Wilson Tom Reece 1994-96 Krueger
DIET CURRENT MEMBER MU A= I= COUNCI
*3 Mike Cochran Carol Ann Ganzer 1994-96 Biles
*5 Ellen Schertz Ellen Schertz 1994-96 Beasley
*6 Katie F?~mming Mike Cochran 1994-96 Brock
PLUXBINd AND MECHANICAL CODE BOARD
DIST CURRENT MEMB .R NOMINATION TFr~ O NCTi,
*5 Millard Heath Millard Heath 1994-96 Beasley
(Mechanical contractor)
*6 Lee Capps Lee Capps 1994-96 Brock
(Layman)
1 (Jeff Peplos) 1994-96 Young
(Master Plumber)
PUBLIC UTILITIES BOARD
DIST CURRENT MEMBER NOMINATION I= COUNCIL
*5 Bill Giese Bill Giese 1992-96 Beasley
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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SIGN BOARD OF APPEALS
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
*1 Spencer Washington Slick Smith 1994-96 Young
3 Ann Houston (ALT) 1994-96 Biles
*7 Mike Wiebe Mike Wiebe 1994-96 Miller
TRAFFIC SAFETY COMMISSION
DZ3T QQRRENJ MEMBER NOMINATION TEEM COUNCIL
*6 Greg Sawko Greg Sawko 1994-96 Brock
*1 Kathy Devine Fred Hill 1994-96 Young
*2 Derrick Hartsfield Derrick Hartsfield 1994-96 Krueger
3 Mark Coomes Art Seely, Jr. 1994-96 Biles
*4 Larry Luce Larry Luce 1994-96 Cott
CIVIL SERVICE CQUTS@jON
UZI CURRENT MEMBER NOMINATION TBBM
*2 Dennis Stephens Dennis Stephens 1993-96 City
Mgr.
D NTON NOVOING AUTHORITY
SEAT CURRENT MEMBER NQMINATION TEBM
*1 Tony Soto Tony Soto 1994-96 Mayor
*2 Bob Crouch Bob Crouch 1994-96 Mayor
TXPA BOARD OF DIRECTORS
DEBT CURRENT MEMBER NOMINATION TEBNS
*0 Tom Harpool George Hopkins 1994-96 Council
ACC00128
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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AGENDA Agenda No._1~2.- 03
CITY OF AQdnda Nam
DENTON CITY COUNCIL
August 13, 1996 0
Closed Meeting of the City of Denton City Council on Tueeday,
August 13, 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:
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider and discuss settlement offer resulting
from mediation in GTE v. Cry of Denton. et al.
2. Consult with attorney on status of and litigation
strategies in RPS/weber & Barnes v C tv lawsuits.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
Following the completion of the Closed Meeting, the Council will
convene into a Special Called Meeting at the Center for the Visual
Arts, corner of Bell and Hickory, Denton, Texas at which the
following items will be considered:
1. Consider approval of a resolution of appreciation for retiring
Board/Commission members.
2. Consider approval of a resolution of appreciation for retiring
Mayor Bob Castleberry.
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.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
i ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
E 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
f THE CITY SECRETARY'S OFFICE.
ACC0032D