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HomeMy WebLinkAbout01-21-1997 1 Y : s +r ' r . + , t rf C I l ~ ~ ~ ~ A 1 ~ u 1 P1; [ Y 1 r i r it . r City Council Agenda Packet January 21, 1997 ~r K I 1 f ~r ~a Cis ,4, r k2' ~ '!A~' ~'P ~->yr AJr'T, Y • y'ki.• f✓~1K~ 9 '}f 7 •~i. r ice.:,"'e ~d y T~ r°~►1►Ylir.w{~Yi~ ep ~.a _a Agenda No. AGENDA Agenda Item1 CITY OF DENTON CITY COUNCIL Date~- January 21, 1997 Closed Meeting of the City of Denton City Council on Tuesday, January 21, 1997 at 5:45 p.m. in the Civil Defense Room of City Halt, 216 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. GOVT CODE Sec. 551.071 1. Discuss claim of Jonathan T. Hodges and proposed settlement. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Consider purchase of land near the City of Denton Wastewater Treatment Plant. C. Personnel/Board Appointments Under TEX. GOVT CODE See. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, January 21, 1997 at 7:00 p.m. in the Council Chambers of City Hell, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge alleglance to thee, Texas, one and indivisible." 0 2. Ordinance canvassing the sales and use tax election held in the City of Denton on January 18, 1997. 3. Ordinance canvassing the special election held M the City of Denton on January 18, 1997 to fill the vacant City Council District 2 seat. 0 4. Oath of Office administered to newly elected Council Member. ` - 5. Approval of the minutes of November 6, November 12 and November 19, 1996. 6. Presentation of "Planning Advocate Award for 1996" to Mayor Pro Tom Brock by the American Planning Association - Midwest Section, Texas Chapter. a~- ~ l r „y r r'".- T t r a ~ YYW . _ ~''u~: .".'"'.'p_'.~:..o .l i.e se _.w r~~. fly: t: ~YY.:4''.'~na.'H ~F.' 'Y~h '+,•'X:~t • i City of Denton City Council Agenda January 21, 1997 Page 2 7. Presentation of the 1996 "Certificate of Achievement for Planning Excellence". 8. Presentation by Texas Engineering Extension Service to the Electric Utility on achievement of the Municipal Electric Safety Accreditation. 8A. Resolution of Appreciation for James Dotson. CITIZEN REPORT 9. Citizen Report from Dessie Goodson regarding SPAN and the City of Denton. PUBLIC HEARINQ 10. Public hearing and consideration of an ordinance to rezone .4892 acres from the General Retail (GR) zoning district to the Planned Development (PD) zoning district and approval of the development plan. This tract is located on the south side of McKinney Street, approximately 450 feet west of Woodrow Lane. (A- 96-020) IThe Planning and Zoning Commission recommends approval 6-1). 11 A. Public hearing on rezoning 136 acres from the Single Family 16 (SF-16) zoning district to the following zoning districts: Office Conditioned (0(clb Single Family 10 conditioned (SF-10(c]), Single Family 7 Conditioned (SF-7(c]), Planned Development (PD) and approving a detailed plan for the Planned Development. The subject property Is located on the east side of the J Teasley/Lillian Miller Intersection. 11 B. Consideration of an ordinance rezoning 136 acres from the Single Family 16 (SF-16) zoning district to the following zoning districts: Office Conditioned (0(cll, Single Family 10 conditioned (SF-10[c]), Single Family 7 Conditioned (SF-7(c]), Planned Development (PD) and approving a detailed plan for the Planned Development whlch was postponed at the meeting of January 7, 1997. The subject property is located on the east side of the Teasley/Lillian Miller intersection, VARIANCES 12, Consider approval of the following exaction variances for Redgate Pecan Estates: Section 34-116(e) requiring adequate water capacity for fire protection purposes and Section 34-116(c) requiring fire hydrants. The subject property is located partially within the city limits and mostly within the Extraterritorial Jurisdiction of the City of Denton. The tract consists of 57.53 acres between US 377 and Country Club Road at Thornridge. IThe Planning a-ld Zoning Commission recommends approval 7.0.) Will • `r City of Denton City Council Agenda January 21, 1997 Page 3 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 be!ow 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 13-22). 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. If no items are pulled, Consent Agenda Items 13-22 below will be approved with one motion. A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the. item is removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall then be considered before approval of the Consent Agenda. 13. Consider a tax refund to Fleet Mortgage Group for $720.55. CONSENT AGENDA ORDINANCES 14. Ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #1987) " 15. Ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services. (RFSP #1970) 16. Ordinance approving an Interruptible natural gas sales and purchase agreement between the City of Denton and National Energy and Trade. L.L.C. for the j purchase of spot market natural gas. (Bid #1971) 17. Ordinance authorizing the expenditure of funds for the maintenance and operation expenses for Lake Lewisville by the City to the Department of Army Corps of Engineers. J 18. Ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the Impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. ti^ J 19. Ordinance authorizing the City Manager to execute a second amendment to the l • joint use contract relating to the use of utility poles between the City of Denton I and GTE Southwest Incorporated. r f~, r • • City of Denton City Council Agenda January 21, 1997 Page 4 20. Ordinance authorizing the Mayor to execute the second amendment to an agreement between the City of Denton and the Greater Denton Arts Council, relating to the lease of the Campus Theatre oy the City. 21. Ordinance authorizing the City Manager to execute a lease agreement between the City of Denton Parks and Recreation Department and th a Texas Department of Mental Health and Mental Retardation for property located on State School Road and known as Briarcliff Park. 22. Ordinance approving Denton Parks and Recreation Strategic Plan which provides for specific : .atives to guide the Parks and Recreation Department through the year 2000. ITEMS FOR INDIVIDUAL CONSIDERATION 23. Ordinance approving settlement of the claim of Jonathan T. Hodges. 24. Resolution adopting a policy setting guidelines regarding the naming of parks and facilities. (The Parks and Recreation Board recommends approval.) 25. Appointment of two City Council members to a Management Study Selection Panel 26. Nominations/appointments to Boards and Commissions. 27. Miscellaneous matters from the City Manager. 28. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 29. New Business This item provides a section for Council Mar hers to suggest items for future agendas. 30. Possible Continuation of Closed Meeting: • - • • A. Legal Matters Under TEX. GOVT CODE Sec. 661.071 B. Real Estate Under TEX. GOVT CODE Sec. 651.072 ' C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 651.074 0 -11 • ~ , r ..i' ,Yk Y. ~Y ni..r..a.r r> . . •l,Y;,. ~ ~ Jl~ w} irj', fx yF~y~~}.' V.S`y.' ;('q~'~~r~~y4y~t~~.., caV k~`x~~ ♦ S r,w^S.r y}I^ i.ft '7, 4 y~ wa S,1 1 'G ~1r~n•«kG`~'#~•'"!'"~C:+~~~~,~.s♦ ; . City of Denton City Council Agenda January 21, 1997 Page 5 CERTIFICATE 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 1997 at o'clock (a.m.) (p.m.) s CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 568-8309 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. AC00035B ZI . f , t~ C~ { i 1 1 I r~ Iro. E }7 Y+ a + r • • a:N wydou lord\ca vaa.t as i 97-Ao F Agenda No. ' Agenda Item Dale ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON JANUARY 18, 1997 TO DETERMINE WHETHER THE VOTERS WOULD APPROVE ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY 70 BE USED FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 5, 1996, the City Council ordered an election to be held in the City of Denton, Texas on January 18, 1997 to determine whether the City would adopt a one-half of one percent sales and use tax within the City to be used for the promotion and development of. new and expanded business enterprises under Section 4A of the Development Corporation Act of 1979, Section 5190.6 of Vernons Ann. Tex. Civ. Stat.; and WHEREAS, the City Council has investigated all matters pertaining to said election, including the ordering, giving notice, appointment of officers, holding and making returns of said election; and WHEREAS, the election officers that held said election have duly made the returns of the result thereof, and said returns have been duly delivered to the City Council for official canvassing of the returns thereof; and WHEREAS, the election was held in accordance with the autho- rized procedure and was in all respects legally held after proper notice had been given, and the returns were duly and legally made; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. That all of the recitals contained in the preambles of this ordinance are found to be true and correct and are adopted as findings of fact by the City Council as part of its official record. SECTION II, That the City Council officially finds, deter- mines, and declares that the January 18, 1997 special municipal election was duly ordered for the purpose of determining whether the city would adopt an additional one-half of one percent sales and use tax within the city to be used for promoting and developing new and expanded business enterprises under Section 4A of the L' • Development Corporation Act of 1979; that said election was duly • • ordered, that proper notice of this election was duly given, that proper election officers were duly appointed prior to said election, that tte election was duly held, that the returns of the result of this election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with the law and the ordinance calling said election. .t sili, w- 1 1. i>~:) , _ i, Ws~. art l.a nr hN'.Vw1.F rc T uWnvl.cr.`t.l ~ ~ 1 1 i SECTION III. That the ofEicial returns of the election officials having been opened, examined, and canvassed, the City Council hereby finds and declares that ballots were cast at the election, and that the votes were properly cast. SECTION IV. That the City Council officially finds and determines that the following votes were cast at said election on the submitted proposition by the resident, qualified electors of said city who voted at the election: TOTAL BALLOTS CAST: PROPOSITION 1: THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT. votes FOR votes AGAINST TOTAL EARLY VOTES CAST ON PROPOSITION 1: F votes FOR E" votes AGAINST The early votes cast in District 1 on the Proposition are as follows: votes FOR votes AGAINST The early votes cast in District 2 on the Proposition are as follows: votes FOR votes AGAINST The early votes cast in District 3 on the Proposition are as follows: votes FOR 4 votes AGAINST The early votes cast in District 4 on the Proposition are as follows: A votes FOR votes AGAINST rti4 PAGE 2 .-...c_a~ t + a Ina i`±. A'~ Z11 M , q•}' ~1 r. ~r AR~7 M'~~~"r~Il {Y;I+t y~~ INV _ .4a LS_':. a ..v.:4~IwYM14+:.44.1,4HM^+A..YM.MMrwv..Iw.nrJ„..,n•«..rtiti r..«..~.~.iYr.arr~~~..Y~r. 1 TOTAL REGULAR VOTES CAST ON PROPOSITION 1: votes FOR votes AGAINST The regular votes cast in District 1 on the 9roposition are as follows: votes FOR votes AGAINST The regular votes cast in District 2 on the Proposition are as follows: votes FOR votes AGAINST The regular votes cast in District 3 on the Proposition are as follows votes FOR votes AGAINST The regular votes cast in District 4 on the Proposition are as follows: votes FOR votes AGAINST SECTION V. That the City Council officially finds, determines, and declares the result of said election to be that Proposition 1, so submitted has (not) received a favorable majority vote of and has been (carried) (defeated). SECTION VI. That the aforesaid sales tax will (not be) (be) levied, assessed, and collected as voted and in accordance with all requirements of the law. • SECTION VII. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR x PAGE 3 k . r t + 1 v $ A • d4 i r ~7 F ~F k" y~ k , ep ~0 . tr,S ~kA ~:d '~1r r r.r ~!1~, 3~ y i r ..r .arwatTe"sh.:~,1MXSt4x1.'ad~MwA - - ~~L_._ai.:a.u...~-.~. °_.~!.°.....L~.,..:r:~ue.'::5.4 !r e'.l'S~L.t3:...Y Yi+. N•" I r . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I V Y .y. . yPAGE 4 -x•4711 M. Y' 'A, Y' YF r 7 y +Slr ..r. . ..-:..i.+..-.a•...Yh:YV.1f'.14.'~w.e.vis. ..u..Wri....~u.r~~. .a w...s.....u.. e:\Yrydxa`,ord\wunty. tin Agenda ND. Agenda Ilea). Dale /9T---_ ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON JANUARY 18, 1997 TO FILL A VACANCY ON PLACE 2 OF THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the January 18, 1997, special municipal election was duly ordered for the purpose of electing a Councilperson to fill the vacancy in Place 2; that proper notice of said election was duly given and election officials appointed; that the election was duly held and the returns of the election officials have been delivered to the Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton. SECTION II. The official returns of the election officials having been opened, examined and canvassed, and the Council hereby finds and declares that ballots were cast at the elec- tion, and that `he votes cast for each candidate for Place 2 on the council in District 2 were as follows: TOTAL EARLY BALLOTS CAST: FOR PLACE 2: Barbara Russell votes Neil Durrance votes TOTAL REGULAR BALLOTS CAST: FOR PLACE 2: Barbara Russell votes Neil Durrance votes j • TOTAL BALLOTS CAST: FOR PLACE 2: z: Barbara Russell "'otea / Neil Durrance votes • SECTION III. The Council finds and declares that the candidate f listed below received a majority of the votes cast for Place 2 on the Council and that such candidate listed below is hereby declared to be elected to the City Council of the City of Denton: FOR PLACE 2s and the candidate shall assume the duties of (his) (her) office on the date that (he) (she) takes the official oath of office. • r Y r 3 u PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM- HERBERT L. PROUTY, CITY ATTORNEY BY: . - ,r PAGE 2 C: e..-.YJWr.. anM..a•r.vr....~n~.~.•.~w.w` •.~m.w~.~w•. •..wr•••~+.~.. .-u.•.,,rw~rv~,, Agenda No. q7- Qo Agenda Item \ CITY OF DENTON CITY COUNCIL MINUSES Date November 5, 1996 The Council convened into a Closed Meeting on Tuesday, November 5, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Ten Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, November 5, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT, Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. Pledge of Allegiance 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 August 20 and August 27, 1996. Brock 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 the following proclamations: Key Club Week National Business Women's Week Mayor Miller presented Yard of the Month Awards to: June Donowho a Katy and David Dawson Mr. and Mrs. Coy Stinson Taco Bell Al and Helen Houdek Downtown Business Award - The Chestnut Tree and the Garden Gate 1 ' q. y ry tl' v A y v v .j~A- r: JAW • City of Denton City Council Minutes November 5, 1996 Page 2 3. Citizen Reports A. The Council received a citizen report from Dessie Goodson regarding SPAN. Ms. Goodson stated that she went to the trolley stop at the Hank today and all of the routes were running late. There were people waiting and who were left running late. She had trouble with the routes she was using with routes running late. She could not get demand response service as required from the Texas Department of Transportation. She felt that the late running of the buses must stop as there were no places to sit nor shelters to keep out of the weather. She questioned the location of some of the .routes and the places of some of the stops. The drivers did not wear their neat belts and one regularly ran through a red light. 4. Public Hearings A. The Council held a public hearing in accordance with Chapter 26 of the Parke and Wildlife Code to obtain public comment concerning the proposed exchange of approximately 13.06 acres in Abstract 616 and 1007 out of South Lakes Park for approximately 5.105 acres in Abstract 185 near Evers Park from the Denton Independent S:hool District for the purpose of facilitating the construction of a middle school on the 13.06 acres out of South Lakes Park. Ed Hodney, Director of Parks and Recreation, stated that this public hearing was to receive public comments on the proposed conversion of 13.06 acres out of South Lakes Park for the propose of developing a new middle school at that location. State law required that prior to the conveyance of land, the City Council must determine that there was no feasible or prudent alternative for the use or taking of that park land and that all reasonable planning had been exercised to minimize harm to the park. That determination would take place after this public hearing. It was • the intention after the public hearing to bring an ordinance and other documents to Council on November 19th for consideration. Also in accordance with State law the public hearing was advertised in the Denton Record-Chronicle on four consecutive Sundays. Should the council approve the conversion of this 13 acre site, the DISD planned to construct a new middle school with parking and roads as required, tennis courts and various landscaping improvements. The • DISD would also construct recreational improvements on what would • • remain as park land. Those facilities would be available for City programming and general public use after school hours and on J weekends and holidays. Another requirement of Stete law was that the City receive land of equal value in exchange for the land to be converted. The DISD was proposing to acquire and convey to the City a 5.105 acre tract of property located at Evers Parkway and Windsor Drive. Advantages of this proposal were that the DISD City of Denton City Council Minutes November 5, 1996 Page 3 would have a new middle school in a location in which it was needed, no park facilities would be W.sturbed with the building of the middle school, and the five acre tract the city would receive would be developed with two new ball fields which were called for in the existing CEP. !is felt the exchange worked well for both taxing entities. The Mayor opened the public hearing. Doug Chadwick stated that the Park Board was developing a strategic plan which would be presented to Council at a future date. The Park and Recreation Mission Statement was to enrich the lives of all Denton citizens through environmental enhancements and a diverse offering of recreational, educational and cultural services. When this item was first presented to the Board in 1995 there were many questions dealing with drainage, access, utilities, security and programming. There were two public meetings regarding this issue and he felt that the Board had dealt with most of the issues raised in the public meetings. He felt that the proposal was a win-win situation for both the DISD and City. The Board was { comfortable with the value of the properties involved in the exchange and comfortable with the program aspects which would be enhanced with this arrangement. The Parks and Recreation Board endorsed and recommended the council's consideration of this proposal. Dr. Albert Thomas, Superintendent - DISD, stated that they were excited about the growth possibility of the city and the continued cooperation between the City and the DISD and with the two universities. Both entities were involved in the design of the facility. He too felt it was a win-win situation for the DISD and for the City. He thanked the City for the cooperative effort between the City and the DISD on the issue Rick Woolfolk stated that the location selected was favorable to the population growth on the District. Safety was a concern of the DISD. The intersection of Teasley Lane and I-35 was a better intersection than Lillian Miller and I-35. This process would speed up the CIP process of the City and would provide new ball fields in the city. He encouraged the Council to support the project. The Mayor closed the public hearing. He stated that Council would take action on this item on November 19, 1996. B. The Council held a public hearing and considered adoption of an amendment to Section 34-115 of the Code of ordinances relating to access to arterial and collector streets for single family and two family lots and adoption of appendices A-S and A-9 relating to circular driveways. (The Planning and Zoning Commission recommended approval 6-1.) l., • F. rm ~•..i V yr n1.1. ..l .f. LL: City of Denton City Council Minutes November 5, 1996 Page 4 Rick Svehla, Deputy City Manager, stated that this was a proposed amendment to the City's subdivision rules and regulations and as such a public hearing must be held before the changes were adopted. The Planning and Zoning Commission's recommendation allowed for circular driveways for eingle and two family residences located on collector or arterial streets. Those would be existing homes or platted lots. The amendment was the result of a request from an existing lot on an arterial street. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Council Member Cott asked why the amendment addressed only old plats rather than all plats. Svehla stated that new developments were generally on arterial or collector streets and were platted so as to not have access or access which met certain criteria. This amendment dealt with old plats and already developed lots. There were certain specific spacing requirements on arterials and collectors between driveways. This would allow that to be altered to allow for a forward kind of movement for access. The following ordinance was considered: 96-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE III ENTITLED "REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS" OF THE SUBDIVISION AND LAND DEVELOPMENT CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY 0 AMENDING SECTION 34-115 RELATING TO ACCESS TO ARTERIAL AND COLLECTOR STREETS; BY ADOPTING APPENDIX A-8 AND APPENDIX A-9 RELATING TO CIRCULAR DRIVES ON SINGLE AND TWO-FAMILY TATS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDI.G FOR A PENALTY NOT TO EXCEED $500.00 (FIVE HUNDRED DOLLARS) FOR A VIOLATION OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll V vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. C. The council held a public hearing and considered adoption of an ordinance to rezone 3.753 acres to a Commercial Conditioned f use C • • City of Denton City Council Minutes 3 November 5, 1996 Page 5 (C(c]) zoning district. The subject property was located southeast of Lindsey street, adjacent to the south side of I-35E. (The Planning and Zoning commission recommended approval 5-0.) Frank Robbins, Director for Planning and Development, stated that this was a rezoning as a consequence of a settlement among three parties, the City, the neighborhood and the landowners. The conditions were from the agreement. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: i NO. 96-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE TO THE COMMERCIAL CONDITIONED (C(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIM;ATION FOR 3.753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hiles 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 held a public hearing and considered adoption ✓ of an ordinance amending the detailed plan for Planned Development 149. The subject property was located on the northeast corner of Frame and Uland Streets. (The Planning and Zoning Conmission recommended approval 5-1.) • Frank Robbins, Director of Planning and Development, stated that ' • this was an amendment to an existing Planned Development. There would be the same number of units and same square footage as the previously planned development but the location had been moved. The Mayor opened the public hearing. No one spoke in favor. y; ~wy • i City of Denton City Council Minutes November 5, 1996 Page 6 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOT 11 BLOCK Al JOHN C. JOHNSON ADDITION NO. 2, A 1.419 ACRE TRACT LOCATED ON THE NORTHEAST CORNER OF FRAME STREET AND ULAND STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Krueger seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayo,_ Miller "aye". Motion carried unanimously. E. Tha council held a public hearing and considered adoption of an ordinance to rezone 42.815 acres from the Light Industrial (LI) and Agricultural (A) zoning districts to the Multi-Family 1 (MF-1) zoning district. The subject property was located between Spencer and Loop 288, approximately 300 feet east of Colorado. (The Planning and zoning commission recommended approval 6-0.) Frank Robbins, Director of Planning and Development, stated that the applicant had amended the petition to add conditions to the proposal. There were two reply forms returned in opposition. The `otal area within 200 feet in opposition was 31.851 which required a super majority of the council for approval. The conditions proposed by the applicant included a 200 foot setback from the power lines and a condition that there would be no more than 208 units built in the total area of the property. That was probably the lowest density of multi-family dwellings in Denton. According to the Denton Development Plan, the property was in a special purpose area with no intensity allocation. The plan encouraged multifamily development in a special purpose area. The Planning and Zoning commission recommended approval. Council Member Krueger asked if the ingress/egress for the property was only from Spencer. • Robbins replied correct. • r J Council Member Krueger asked about a traffic impact analysis. Robbins replied that one was not required due to the low density of the proposal. • r City of Denton City Council Minutes November 5, 1996 Page 7 The Mayor opened the public hearing. Marvin Myers stated that he was the developer of the site. He had been in the housing development business for many years with a fine record of developments. He had an excellent relationship with every community he had built in and tried tc be the same in Denton. He felt that the density of the development would make it very attractive for the residents of Denton. He developed, built and managed his developments. Carol Ann Ganzer indicated support for the project through a speaker card. Woodrow Graham stated that he was in opposition for the rezoning of the property due to the location of the property. He questioned placing hundreds of families in this location which was in the m,ddle of light industrial zoning and next to the City's power plant. Spencer Road was the only access to the proposal and there were many problems with Spencer Road. High tension wires would be in the front yard of this development. The property needed to be light industrial and not family. He owned 42 acres next to this property. He bought his property to be next to a light industrial area and not a residential area. There were many other places more suitable for this development. Council Member Cott asked if Graham had property near the proposal. Graham replied yes that he owned the Denton Golf Center. He felt the area was not a safe environment for children with a power plant near by and with the golf center in the area. Barbara Adkins stated that she was in opposition to the rezoning due to the addition of traffic to the area. The road was narrow with no sidewalks for childrbr: to walk to school. She was in favor of this type of housing but not in this location. There were other locations which would be safer and securer for families. • N. Alex Beckley stated that he lived in Dallas but was part of the family living on Spencer Road and was concerned about what developed in the area. The traffic going on Spencer and Loop 288 would be a treLendous burden and capital expenditures would be excessive. There were no areas for walking on Spencer Road. Spencer Road was considered a country road and cars travelled like • that on that road. He understood that there would be many three • • bedroom apartments in the proposal. Spencer Road was a difficult road to travel on. `J Council Member Cott asked if Mr. Beckley own property in the area. Beckley replied that he owned part of the neighboring property along with his daughter and son. ati • • City of Denton City Council Minutes November 5, 1996 Page 8 Mr. Myers was allowed a five minute rebuttal. He felt that if the property were developed as it was currently zoned, it would create more of a traffic problem than the proposal. He had met with City staff early in process and with the Planning and Zoning Commission and each time it was suggested that when he went through the plat process, there would be a possibility of his having to contribute to the widening of Spencer Road and to pay with others for a stop light at Spencer and Loop 288. He could understand the objections to the proposal. He went out of his way to meet with the owner of the golf course who had suggested three objections to the development. one was that the golf course was a land holding for future development and he did not want to spend a lot of money. If Myers developed the site, Graham would have to contribute to a drainage correction. Second was the possibility of Graham's having to share in the widening of Spencer Road. The third was that Graham's lights would shine on the apartments which would be a problem. Myers had gone out of his way to satisfy those objections. He had indicated to Graham that he would work with him on the widening of Spencer and would assume most of the cost. He would also move some of the units away from the golf courses lights. Robert Johnson with Myers Development stated that apartments on Colorado Courts and existing single family homes on Colorado and San Jacinto were closer to the power plant than the proposed apartment units would be. The Mayor closed the public hearing. Council Member Beasley stated that there were two ordinances in the backup materials. Staff was recommending the one with conditions. Robbins replied correct. 1 The following ordinance was considered: • NO. 96-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A , CHANGE FROM THE LIGHT INDUSTRIAL (LI) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE MULTI-FAMILY 1 CONDITIONED (MF-1 [c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 42.815 ACRES OF LAND t • LOCATED BETWEEN SPENCER ROAD AND LOOP 288, EAST OF THE • • RAILROAD TRACKS, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned to adopt the ordinance as it was less intense than the current zoning. Something would have to be done with Spencer Road no matter what was built on the property. There was a concern i City of Denton City Council Minutes November 5, 1996 Page 9 on how children in the area would be able to get to school. She did feel that it was an appropriate use of the property. Krueger seconded the motion. on roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye" Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 5. Consent Agenda Hiles motioned, Brock seconded to approve the Consent Agenda and the Consent Agenda Ordinances. On roll vote, Beasley "aye", Brock "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. A. Bids and Purchase Ordersi 1. Bid 01952 - Distribution Transformers 2. Bid 11889 - Ambulance 3. Bid 01943 - City-county Day Nursery Kitchen Renovation Project 4. P.O. 170307 - IBM 5. P.O. 170308 - Ameritech Library Services 6. P.O. 170826 - IBM B. Check Requisitions 1. American Public Power Association 2. Upper Trinity Regional Water District C. Contracts 1. Denton Black Chamber of Commerce 2. Denton Festival Foundation 3. Denton Historic Landmark Commission 4. Denton Amphitheater Associatior 6. Consent Agenda Ordinances A. NO. 96-245 AN ORDINANCE ACCEPTING CO?QETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND ti PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid 11952 • B. NO. 96-246 AN ORDINANCE AMENDING ORDINANCE NO. 96-120 RELATING TO THE l AWARD OF BID NUMBER 1889 FOR THE PURCHASE 0* AN AMBULANCE] PROVIDING FOR THE EXPENDITURE OF FUNDS YHEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid 11889) aF t • J ,y a l i City of Denton City Council Minutes November 5, 1996 Page 10 C. NO. 96-247 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. (5.A.3. - Bid 11943) D. NO. 96-248 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.4. - P.O. 0703070 S.A.6. - P.O. 070826) E. NO. 96-249 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.5. - P.O. 070308) F. NO. 96-250 AN ORDINANCE OF 13E CITY OF DENTON? TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ANNUAL DUES TO THE AMERICAN PUBLIC POWER ASSOCIATION (APPA); AND PROVIDING AN EFFECTIVE DATE. (5.B.1.) G. NO. 96-251 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE FEES AND PARTICIPATION TO THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD); AND PROVIDING AN EFFECTIVE DATE. (5.B.2.) 7. Consent Agenda Resolutions A. NO. R96-064 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON BLACK CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.1.) 1 B. NO. R96-065 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON FESTIVAL FOUNDATION FOR HOTEL OCCUPANCY TAX FUNDS, Of, • • City of Denton City council minutes November 5, 1996 Page 11 PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.2.) C. • NO. R96-066 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISTORIC LANDMARK COMMISSION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.3.) D. NO. R96-067 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY AMPHITHEATRE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. (5.C.4.) 8A. The Council received a report regarding recommendations from the Sales Tax Task Force, Bill Utter, Chair-Sales Tax Task Force, stated that the Task Force met for six weeks to discuss the proposal. There were 32 individuals on the Task Force with an average of 22 individuals attending per meeting. On October 21st there were 29 members present at the meeting. The first question was how much of a sales tax to recommend to the City Council On the proposal of ~ cent, 28 members were for the proposal with one in opposition. The second question was whether to have a 4A or 4B corporation with 15 In favor of 4A and 12 in favor of 4B. On the question of whether to have a combination 4A/4B, there was one vote in favor, one abstention and twenty seven no votes. The Task Force's recommendation to Council was to hold an election on January 18th for a h cent designated for 4A. 8B. The Council received a report regarding a minority report from the Sales Tax Task Force. • Neil Durrance stated that the minority report was prompted by several factors. The report was based on the fact that the . 1 Committee did not reach a consensus on the type of tax to offer and the amount of tax for either a 4A or 4B. It was t.+e minority's report recommendation that the City would be ill-advised at this time to present a 4A 1/2 cent sales tax. It was felt that the • ! options had not fully been discussed with regard to the amount of • • tax and the differences between 4A and 48. The minority report included four areas for further recommendation, consideration and study, There should nct be a tax without accountability, there should not be a tax without further consideration of safeguards and protection, there should not be a further tax without protection of the public good by proper controls on an economic development corporation and that the tax should be studied further for possible • City of Denton City Council Minutes November 5, 1996 Page 12 regressivity. The minority report recommended that this matter should be taken under advisement and clarity of approach should be received prior to presentation to the public. It was felt that it was a public duty that a clarity of approach with predictable results should be achieved and the basis of economic growth should be based on a tax which could be seen as predictable with predictable results and accountable through the City government and its elected officials. Sill Utter stated that he was surprised that the minority report indicated that there was no consensus on the issue. In the final analysis there were 23 votes for the recommendation and 6 against the recommendation. He felt that that was a consensus. 8C. The Council held a discussion and gave staff direction related to the Sales Tax Task barce reports. Bill Patterson felt that the sales tax election and the need to call the sales tax election for the 4A sales tax was primarily due to the need to look at jobs and job creation in Denton. Research done for the Denton Record-Chronicle by an outside firm indicated that only 39.41 of residents in Denton worked in Denton. There was a need to take that into consideration. He also believed that a consensus was formed and all were in favor of the sales tax. He also had a concern with the low number of people who grew up in Denton and then returned to Denton to work. A well directed and funded economic development program would lead to enhanced quality of life and a better chance to have more successful projects. More corporations meant more corporate employees and more corporate giving. There was some concern expressed about the funding. Of the $3.6 million budget, $1.8 million would be for infrastructure , needs. ~ Priscilla Sanders stated that she supported economic development and that it would be good for Denton. She questioned where Denton would be without corporate neighbors such as the Campus Theater and • the United Way. She supported 4A as it was the purest form of economic development. Fifty percent of the shoppers in Denton were from outside Denton and were the ones paying the sales tax. She asked the Council to make a decision which would be best for Denton. Don White stated that he served on the task force studying this • issue. The minority report expressed concern about studying this • • issue more. The Vision group studied the issue, the Ci,amber studied the issue, the EDTC studied the issue and the task force studisfi the issue. The issue did not need to be studied more for a conclusion. 4A was what was needed for Denton. For a quality business to come to Denton and for a better Denton, he asked the council to support the majority task force and their recommendation for a 4A. • , City of Denton City Council Minutes November 5, 1996 Page 13 Bill Giese stated that he was one in the minority on the task force. He felt the citizens of Denton should have an opportunity to vote on a sales tax for economic development. Most members of the task force were in favor of some level of public spending for economic development. The unresolved question was whether section 4A or 4B should be the authorization statute. Scott Joslove from the Attorney General's Office stated that infrastructure improvements could not be financed from 4A money unless it related to specific economic development projects. 4B funds could be used for general infrastructure needs such as arterial streets and related improvements. Denton's streets were inadequate for expected growth. If 4B funds were not available, improvements would have to be financed through property taxes. 4A funds could be used for economic development projects and related activities. The Council must approve the budget and projects but the economic development activities must be directly related to economic development. 4A funds could not be diverted to other public needs. If 4B were used, other projects not directly related to economic development were allowed. A 4A ballot proposition was dictated by State statutes. A 4B ballot proposition could be tailored to Denton's needs. Salty Rochelle stated that he was asked to serve on the sales task force but declined due to business restraints. It was recommended that the sales tax task force investigate other cities, both pro and con, regarding the sales tax. He felt these efforts were made and achieved to balance goals. It was suggested that the task force work from ground zero regarding understanding the issue. He understood that ground zero was never reached. The pros and cons discussed were never committed to, long and short term ramifications were not allowed to flow, committee bonding was not attempted or achieved and constructive dissention was not tolerated. Fred Gossett stated that he was ready to start on a 4A sales tax to support economic development. The Denton Chamber of Commerce 4f unanimously approved a formal resolution which confirmed public support of the 4A sales tax. Elinor Hughes stated that the League of Women Voters undertook a study of the sales tax. The League supported economic development and the expenditure of tax dollars on economic development. Many of the activities the City was already involved in such as marketing, promotion and cooperative efforts with the Chamber; technical support and specific promotional efforts; development and maintenance of City owned infrastructure suitable for the effective conduct of business such as adequate water and energy. A balanced program of municipal services provided by City government i which made Denton a community with an attractive quality of life 1 such as public safety, cultural and recreational activities, etc. was recommended. Finally, judicious and limited use of tax City of Denton city council Minutes November 5, 1996 Page 14 incentives which were already in place for business and industry such as tax abatements and enterprise zones. The second half of the League's consensus was in opposition to the proposed half cent sales tax for economic development. Some reasons for opposition included the proposed half cent sales tax would be designated only for economic development and could not be allocated to other areas of municipal services which had a higher priority in any given year. Adding an additional half cent sales tax for economic development at this time would bring Dentonfs municipal sales ta) to the maximum allowed by State law meaning that Denton would not be eligible to increase sales tax to fund other options such as transportation or cruse prevention. A separate economic development corporation to spend sales tax revenue removed control of public money one step further away from public sight and control. The sales tax was a regressive tax which would tax low income individuals at a higher rate than wealthy ones individuals. The half cent sales tax increase was an extremely large increase amounting to a 331 increase in sales tax collected and a 16.7% Increase in overall municipal taxes collected when property and sales taxes were added together. Janice Parks stated that she had found great opportunities in Denton. If there were jobs in Denton, there would be people in Denton. Jobs were needed in Denton. She was a low income bracket individual who could benefit from jobs in Denton. She was in favor of a 4A N cent sales tax. Under 4A, there would be money for projects for streets and drainage which would help her neighbors in southeast Denton. This tax would enhance the pre-existing jobs in Denton. Joe Dodd felt that the committee failed the mission it was to do. They were suppose to, in large numbers, support the sales tax, bond together and raise the money and run the campaign to get the tax passed. However, it was a 50-50 split and there was no great committee to get the work done as the Council wanted. He felt this was already a dead issue as anyone against new taxes would not like this tax. Anyone against the ability of the committee to sell $80 million in bonds without voter approval, would not like this program. Some people in Denton were simply against an any growth in Denton. The people in favor of a 4B and against 4A would not be z supporters. The people who were for a 4A but not this economic development corporation to be in charge would be against the issue. There were also those individuals who were for growth but who were aga...st the way some of this issue was handled. 0 Council Member Cott stated that there were plenty of people in plenty of numbers who were for growth. Dodd replied that being for growth or for the election were not the same things. illigiligi f City of Denton City Council Minutes November 5, 1996 Page 15 John Baines stated that one's experience and history would determine his position on the sales tax issue. He was in favor of 4A. The issue for him with 4A was opportunity and the opportunity to bring in good jobs for Denton. He felt fortunate he was able to work and learn good work ethics. Many children these days were not able to get good jobs. 4A was a beginning for attracting good jobs and 4A was an opportunity for good corporate citizenship and an opportunity to make the City of Denton even better. Warren Searle stated that he was in favor of 4A in order to make Denton even greater. He was pleased to serve on the sales tax task force. If there were disturbing moments during the proceedings of the task force, they were expressions of distrust for the City Council and for some of the Council's appointees. He was disturbed about the attacks on the members of the committee. The Council had the right to amend the Economic Development Corporation's Articles of Incorporation to replace any member at will and had budget approval and oversight. He asked the Council to trust themselves to express in public their position on this issue. Tony Clark stated that he was in support of the 4A sales tax. one reason for the citizens to support this tax was the fact that Denton relied heavily on the property tax for its tax base. The 4A tax would allow Denton to compete with neighboring cities for quality jobs and help redistribute the existing tax base. Bill Utter stated that as Chair of the task force, he did his best for the City. There was nothing brought out in this meeting in opposition that was not discussed during their meetings. The minority opinion asked Council to disregard the committee's report and study and consider 4B. Mayor Miller stated V at Items 8C and 9A would be discussed together. Mayor Pro Tem Brock stated that she had remarks which were directed 0 very strongly toward the Economic Development Corporation Board and noted that no member of the Board was present at the Council meeting. She thanked the task force and EDC Board for the number of hours given to this issue. She would vote for an election on January 18th on the k cent sales tax under 4A. There appeared to be loud support for that issue and she wanted the citizens of Denton to make the decision. She did have some reservations and t+' 0 concerns regarding the issue. She was sorry that the 0 0 recommendation was just for 4A as there were many problems with that. It could not deal with drainage problems and streets as it would not directly be for economic development. The reports tho Council received were well done but still there were many questions. There were two questions in the majority report she wanted to address. One was the need for the expanded tax base and other was the need for jobs. Richard Hayes spoke of the i City of Denton City Council Minutes November 5, 1996 Page 16 disappropriate ratio of commercial to residential tax base. That ratio, at times, was distorted. It could be dealt with in several ..ys such as a moratorium on residential building. Residential building brought in children who needed schooling. New industries brought in new people. When more people were brought in, there was more need for housing and children in school. The second issue was the need for jobs. Only a hugh city could provide a hugh variety of jobs. Denton was not just a community in which people went out to work. At Peterbilt, 824 of its employees did not live in Denton. Another issue was the fact that people cane to Denton as it was a great place to live. She was hearing two themes - people wanted smaller government and lower taxes. This proposal was a hugh increase in taxes and was not smaller government but rather expanded government. There was a need to guild a consensus, trust and unity in the community if that was what it wanted. There wzs a tendency in Denton to divide issues with "us" and "them" which was wrong. There was a need to pull together. The EDC Board went to Harlingen and Brownsville to view their programs. She suggested that the EDC Board use other expertise which was in Denton. She asked the EDC to have their board meetings video taped and televised so citizens could see who were the members. She felt it was necessary to bring the various factions of the City together for unity. Council Member Cott stated that relations were two ways. The academic people needed to reach out to the community and visa versa. The following ordinance was considered: NO. 96-252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON JANUARY 18, 19970 TO ADOPT A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS e ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, AND OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. (As recommended by the majority of the Sales Tax Task Force.) • • Young motioned, Krueger seconded to accept the task force recommendation on the I cent sales tax and to call a January 18th election classified as 4A. Council Member Beasley asked if the ballot would indicate a 4A tax. h r~ City of Denton City Council Minutes November 5, 1996 Pagt 17 City Attorney Prouty stated no that a proposition for 4A tax was set by the State statute. The notice of election indicated 4A sales tax election. Council Member Beasley stated that she would vote for this proposal as it would be a benefit for Denton to vote on the issue. She hoped there would be a large voter turnout for the election. Council Member Krueger stated that the reason the EDC was not present was that the Council was not receiving a report from them. At their last report, the EDC recommended a 4A and before that the Vision Cabinet recommended 4A as did the Fantus study. It was time to let the voters decide the issue. Council Member Biles stated that this issue had many for and against on Council. It had gone through the Vision process, Fantus and many other areas of consideration. Council had an easy decision as to whether or not to trust the citizens to make a decision. It was not for Council to make the decision. It was the citizen's vote. He voted to send the issue to a task force as citizens were needed to concentrate on this issue. Projects for 4A and 4B were very similar. There was a need to take time to educate the public on what the issue was really about. Mayor Miller stated that there had been some comments about putting labels on individuals due to a different point of view. He urged all to look at the issues and not make a generalization on that. There were two aspects to this issue - what was the economic development program and how would it be funded. Council approved $200,000 for the Economic Development Board for this budget year. Council indicated a willingness to fund economic development for this fiscal year. He felt there was a need to have specifics on how the money was going to be spent. He wanted to assure citizens that no tax dollars would be used in promoting the election. The City could only provide factual information regarding the sales tax election. Council Member Cott called the question. On roll vote, Beasley "aya", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 9. Ordinances A. Item A was considered with Item 8C. 8. The Council considered adoption of an ordinance whereby the City of Denton, Texas, and GTE Southwest Incorporated agree that, for the purpose of operating its telecommunications business, the Telephone Company shall, construct, erect, build, equip, own, s, City of Denton city Council Minutes November 5, 1996 Page 18 maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said city and for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of- way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies, providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. The following ordinance was considered: NO. 96-253 AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, AEONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LANG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY IS TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPEEjATION DUE THE CITY UNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; • PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL J IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES, PROVIDING FOR REPEAL OF CONFLICTING . City of Denton city council Minutes November 5, 1996 Page 19 ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. Hiles motioned, Young ceconded to edopt the ordinance with GTE and set the access line street rental fee in Section 8A of the franchise at the amount of $1.42 per month or $17.00 per year for each residential access line and $2.00 per month or $24.00 per year for each business access line. Joe Dodd stated that council had indicated that if it raised ad valorem taxes Or the would be run out of the City. That was obviously not true because when the pole fee was raised for the City electricity, it was close to a 161 ad valorem and no one was run out of town when that happened, A Council Member explained to him that collecting the 41 surcharge on top of electricity would make it easier for the City to stick It to GTE. The Council Member did not use those words, that was his interpretation. That was about raising the pole fee. GTE did not pay that, it collected that. Expanding the tax base meant getting new people to pay the taxes. This was not how to expand the tax base. Mayor Miller stated that he had spoken with Melvin Willis, General Manager - GTE, who indicated that if GTE decided to pass this along to the customers, the allocation would be as indicated in the ordinance with residential and business lines. Council Member Beasley stated that as a government, the City had to charge a franchise fee to use the City's right-of-way. What the utility did about passing that rate to their users was up to them and not up to the City. As a responsible City government, it was necessary to charge a consistent rate to all of the entities who used the City's right-of-way. 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 public transportation contract and subsequent amendments with the Texas aepartment of i Transportation for funding public transportation. A Joseph Portugal, Assistant to the City Manager, stated that 1 i approval of this ordinance would approve the contract for the next grant year with the Texas Department of Transportation. The following ordinance was considered: i 4, e i City of Denton City Council Minutes November 5, 1996 Page 20 NO. 96-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THA TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance amending Ordinance No. 82-09 to change the name of the Data Processing Advisory Board to the Information Services Advisory Board. Kathy DuBose, Executive Director for Finance, stated that the ordinance would change the name of the Data Processing Advisory Board to the information Services Advisory Board to be more reflective of the duties of that Board. The following ordinance was considered: NO. 96-255 AN ORDINANCE AMENDING ORDINANCE NO. 82-09 TO CHANGE THE NAME OF THE DATA PROCESSING ADVISORY BOARD TO THE INFORMATION SERVICES ADVISORY BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance ordering a special election to be held in the City of Denton, Texas, to fill a vacancy in Place 2, on January 180 1997, and, if a run-off • election is required, on February 150 1997, for the purpose of electing a Council Member to Place 2 of the City council on the r ` City of Denton, Texas; designating voting places and appointing election official3; providing for bilingual notice of the election; providing nccice of the filing deadline for a place on the special election ballot; ordering that an electronic voting system be used; and making additional provisions for the conduct thereof. • ♦ • The following ordinance was considered: NO. 96-256 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON; TEXAS, TO FILL A VACANCY IN PLACE 21 ON JANUARY 180 1997, AND, IF A RUN-OFF ELECTION IS REQUIRED, ON • .~.r- • C ` n City of Denton City Council Minutes November 5, 1996 Page 21 FEBRUARY 15, 1997, FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO PLACE 2 OF THE CITY COUNCIL ON THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; PROVIDING NOTICE OF THE FILING DEADLINE FOR A PLACE ON THE SPECIAL ELECTION BALLOT; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; AND MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT 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. F. The Council considered adoption of an ordinance amending Ordinance No. 94-183, as amended, by amending section 2.6 of the Council Rules of Procedure by authorizing the Consent Agenda which may contain more than one subject to be approved by one motion of the City Council; providing a savings clause; and providing for retroactive effect. The following ordinance was considered: NO. 96-257 AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, BY AMENDING SECTION 2.6 OF THE COUNCIL RULES OF PROCEDURE OF THE CITY COUNCIL BY AUTHORIZING THE CONSENT AGENDA TO BE APPROVED BY ONE MOTION OF THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR RETROACTIVE EFFECT; AND DECLARING 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. • 30. The Council received a report, held a discussion and gave staff direction regarding requests for proposal for a utilities management study as previously directed by council. Bob Nelson, Executive Director of Utilities, stated that several months ago staff came before Council with a concept on how to , • accomplish a management study required by the City Charter. The • • agenda back-up materials contained a request for proposal for that study. The study would be divided into two basic sections. One - was a general management section and the other was a comparative analysis section. The general management section would cover a review of the organization and how it was structured. Because of some competitive issues, the study would include a competitive analysis section to study each one of the business components of `ti City of Denton City Council Minutes November 5, 1996 Page 22 the organization. There was a provision in the study that if, in the course of either the general management study or the comparative analysis study, the consultant found a particular operating unit or units which appeared to not be meeting comharabla costs and if was not possible to restructure, the issue would be brought back at the may interim report and Council could expand the scope of work. In approximately five - six weeks a pre-proposal conference would be held. After selection of a firm, interim reports would be made in March, April, May and June with a final report in July of 1997. Mayor Miller asked that if a firm was conducting the management study would it be eligible to be a bidder for contracts for portions of the business. Nelson replied that if a firm was doing the study, it should be precluded from bidding on outsourcing activity. City Attorney Prouty stated that there would be a problem in that the firm doing the study would have an advantage over other bidders. Mayor Miller suggested that that condition be included in the request for proposal. City Attorney Prouty stated that that could be added to the ordinance which would preclude a successful bidder for the study could not bid on any outsourcing contracts. Council Member Biles suggested some type of limitation on that provision. Biles motioned, Brock seconded to adopt the ordinance subject to the City Attorney drafting a provision on a three year limitation on outsourcing. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller • "aye". Motion carried unanimously. 11. The Council received a report, held a discussion and gave 1 staff direction regarding the Denton Hispanic Chamber of Commerce's request to have their hotel occupancy tax funding allocation reconsidered, • A. The Council considered approval of a resolution approving • • the fiscal year 1997 budget of the Hispanic Chamber of Commerce for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. Tomasa Garcia requested reconsideration of t;iis item. She requested the Council reconsider its decislon of providing the Hispanic Chamber of Commerce $1,000 and not the equal amount which r, r. 0. • City of Denton City Counc'.' Minutes November 5, 1996 Page 23 was provided the Black Chamber of Commerce which was $5,000. The Hispanic Chamber was requesting equal funding. The response the Hispanic Chamber received from City Manager Benavides to their request for an explanation was that they were not present at the City Council meeting. She felt this was a communication problem. Had the Hispanic chamber known of the urgency that their presence would be contingent on receiving equal funding, they would have attended the meeting. The Hispanic Chamber of Commerce was working hard since its organization in February. The Hispanic Chamber attended area meetings to determine how to set up a chamber. The Hispanic chamber was requesting funding equal to the Black Chamber of Commerce. The Council needed to be willing to communicate with the Hispanic Chamber of Commerce. Council Member Cott asked for the number of members in the Hispanic Chamber. Garcia replied the Chamber had 39 members. Council Member Young asked what kinds of projects were anticipated by the Hispanic Chamber. Garcia replied that their major event was the recent rodeo. The members would be attending quarterly meetings throughout the State of other Hispanic Chambers of Commerce, holding a city-wide Hispanic Christmas party, attending the State conference, attending the national conference, and participating in the bilingual Denton county job fair. Mayor Pro Tem Brock asked how much money the Hispanic chamber received last year. Garcia replied that they did not receive any funds last year. Mayor Pro Tem Brock stated that the Hispanic Chamber did have an opportunity to apply last year. Garcia replied that they had three days notice last year to do the, proposal. Council Member isiles stated that he did not perceive this as a language barrier or a communication problem but rather a lack of familiarity of a complicated process. Each year the Council • received a large number of requests for funds and each year many • • organizations did not receive funding. one criteria the Council was looking for in the organizations was continued growth. The City budget was adopted in October and there were certain laws which did not allow the changing of the budget. If the Council rearranged items in the budget, it might then be accused of favoritism from those organizations which did not receive funds. 5 Ceti City of Denton City Council Minutes November 5, 1996 Page 24 Garcia stated that last year the Hispanic chamber of commerce was established in February. Shortly after that the Black Chamber was established. The Black Chamber applied for funding the first time last year and received $5,000. Council Member Biles stated that Council's hands were tied and was not able to change the budget due to State law. Garcia stated that she had received calls on why the Black Chamber received $5,000 and the Hispanic Chamber only received $1,000. Instead of dividing the community, the Council should be uniting them with similar amounts of money. Council Member Beasley stated that she had reviewed the Hispanic Chamber's application and questionnaire. Many things which Garcia mentioned at this meeting as projects for the Hispanic chamber were not included in the questionnaire. She based her decision on what would bring guests to Denton. The Hispanic Chamber's application mentioned only quarterly meetings. The Black Chamber of Commerce prese:ited projects such as the Black Music and Art Ethnic Festival. That was what she based her vote on. City Manager Benavides stated that the application and the items mentioned at this meeting involved attending conferences which were indirect projects. The Hispanic chamber needed to concentrate on projects which would generate tourism in Denton. Last year the Hispanic Chamber was not ready to submit an application and this year they did and received $1,000. The City needed to provide more technical support to emerging organizations to help them better tailor their applications. He recommended that Council leave the funding as outlined in the budget. Council Member Cott felt that there was no comparison between the Black and Hispanic Chamber of Commerce. Just because they were ethnic groups did not mean that they had some comparability. i Garcia indicated that she was stating that the Black Chamber was a minority Chamber as they were. The Hispanic Chamber's goals were similar to the Black Chamber's goals and funding should be the F same. Mayor Miller stated that the City's funding was not to support a Chamber of Commerce. The funding was to promote tourism. It was not appropriate to reopen the budget at this point in time. The following resolution was considered: NO. R96-068 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISPANIC CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND 'ks .j A' i:': x ,~i, err ;L 10 1 1 City of Denton City Council Minutes f' November 5, 1996 Page 25 PROVIDING AN EFFECTIVE DATE. Brock motioned, Biles seconded to not change the funding and approve the resolution as presented. staff would work with the organizations for the next budget year to them help through the process. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 12. The Council considered approval of an annexation schedule with regard to the proposed annexation of 11.40 acres located south of Robinson Road and east of Nowlin Road. (A-74) Young motioned, Beasley seconded to approve the schedule. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 13. Consider nominations/appointments to city's Boards and commissions. Alan Nelson was nominated by Mayor Pro 'rem Brock at a previous meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Mayor Miller nominated Wylie Cunagin to the Plumbing and Mechanical Code Board. Council Member Beasley nominated Henry Rife to the Building Code Board. Council Member Young nominated Fran Morgan to the Library Board. 14. Miscellaneous matters from the City Manager. City Manager Benavides stated that two of Denton's submissions to the Texas Downtown Association Awards were finalists. The Ci'.:. would be receiving a second place award for Keep America Beautifu: award. ]f 15. There was no official action taken on Closed Meeting items. I 16. New Business f • There were no items of New Business suggested by Council Members for future agendas. 17. The Council did not continue the Closed Meeting from the earlier session. J Y ~ ~ As , -1,•' l • v,4 Lei ng °,'rx a 1,r City Of Denton City Council Minutes November 5, 1996 Page 26 With no further business, the meeting was adjourned at 11:15 P.M. r:•' f ' JACK MILLER, MAYOR i CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO034D y .e'1 :ri f6~; o r ' b 'r r4 li 'yl v bye. i~ 2 r+ f r t Jill 1111111 y y~,5 1~~ °'f~ r ~ .w . 1 r 2~C.i r r ~r Fula I s. 1 CITY OF DENTON CITY COUNCIL MINUTES November 12, 1996 The Council convened into a Closed Meeting on Tuesday, November 12, 1996 at 5:15 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 Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed status and considered settlement demand of William J. Cox. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, November 12, 1996 at 6:00 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 1. The Council received a report, held a discussion and gave direction regarding the Diversity Task Force's Report of Findings and Recommendations. Debra Rose, Human Resources Generalist-Employment, stated that the Diversity Task Force was formed six months ago and had met four times in that time frame. Dr. Richard Lewis stated that he would be reviewing the structure of the Diversity Task Force and items which the Task Force • considered. The seventeen members of the Task Force did a great job looking at the issue of diversity. The Council established the vision of diversity and the Task Force studied that vision. ' Diversity was an issue with a number of cities across the nation. Given this vision and the charge given the Task Force, three subcommittees were formed - social and cultural issues; housing and economic issues; and employment issues. All of those were • interrelated even though considered in subcommittees. This process C • was a good first step and should not be considered the outcome for the total issue. The Task Force had recommendations which the City already was doing. One recommendation from the Task Force was to establish a diversity advisory board. It was felt that the job of the Task Force was not complete on a number of issues and the City of Denton City Council Minutes November 12, 1996 Page 2 establishment of a board might continue those issues. This board's length doald be determined by Council as well as the focus of the board. Another recommendation was to track the language barrier context. There were a number of bilingual employees already with the City. Those individualc should be considered as contacts and conduits for the community. There was a need to look at the placement of those bilingual employees. were they in positions which were needed by the community. In regards to social/cultural issues, it was recommended to conduct public meetings and focus groups to further collect information concerning diversity. This would allow for the establishment of a diversity information data base to better manage diversity issues. This data base might be done by an outside consultant. There were three major recommendations by the housing/economic subcommittee. One recommendation was to implement minority business procedures. This would be a process for designating disadvantaged businesses. Hardware and software support would be recommended for such a list. There was a need to create networks between the City of Denton and the Chambers of Commerce of minorities. Derrell Bulls, subcommittee for employment issues, stated that the subcommittee looked at many items such as the minority issue relative to hiring, identifying access barriers to employment, training for underemployed and unemployed, pay increases and grievance processes and procedures. Relative to the recommendations, they also looked at the area of turnover, recruitment, and internships. The subcommittee felt that the State Civil Service law was the biggest impediment to the increasing of minority hiring levels in the police and fire departments. Other factors were turnover of positions and availabil!ty of positions and entry level requirements. A continued effort should be made to continue to recruit minorities. The city had designed and implemented an aggressive recruitment program. The issue of a civilian review board was studied. After researching the issue, the subcommittee was not recommending the establishment of a civilian review board at this time. It was beyond the scope of this committee to recommend such. Lewis stated that the City needed to continue to look at training. The City hae' a support role in terms of the training of citizens. The task force developed thirteen manageable recommendations for the City. A final report for Council was developed for Council to evaluate and then continue with the work in certain areas. The IL • Council also needed to establish a system to identify disadvantaged • • business enterprises, a recruitment plan was needed in the non- uniform civilian workforce, and a need to increase the amount of police testing and consider off-site police testing. Establishing a mobility program within the City structure such as creating a mobility position for working more closely with the universities in 4 a • • City of Denton City Council Minutes November 12, 1996 Page 3 terms of unpaid internship programs was also recommended. Another recommendation was to look at the City's compensation system either through a job evaluation assessment or through a compensation system assessment. There was also the suggestion to create a diversity panel which would set up a management structure for diversity. This could be tied in with the City's in-house work force diversity committee. A final recommendation was to address diversity in long-term strategic planning. Council Member Young felt that the committee had done a good job and hoped that the City would put the recommendations into practice. Mayor Miller felt that the Council needad to accept the report and place these recommendations on a regular agenda to decide what the next steps would be. There were thirteen recommendations from the Task Force. Some of those recommendations could be started soon and others which would have to be phased in. Council Member Krueger felt that the Council should go forward with r.he recommendations of the Tas): Force. Mayor Pro Tam Brock suggested asking the Task Force to come together and make recommendations on which items to proceed with first. 2. The Council received a report on the results of the City's Random Drug Testing Program since implementation on January 1, 1995. Max Blackburn, Risk Manager, stated that in December 1994 City staff presented a proposal to meet the Department of Transportetionts mandates for random drug testing for commercial drivers licenses. This program was implemented on January 1, 1995. Requirements under the Department of Transportation guidelines • included a pre-employment test, post accident testing, random testing, testing for reasonable suspicion, return-to-duty for commercial drivers who drove trucks over 26,000 pounds, bus drivers ± with 16 passengers or any driver of hazardous materials. It was mandated to "est 501 of the commercial drivers license helders for drugs and 25% for alcohol over a year by quarters. The violation rate which the Department of Transportation was looking for over • two years were drugs less than It and alcoho). less than .05% ` • • positive. The testing was to be done at the begirning or at end of J the work session. In a survey done of surroundi,)g cities on what was done for drug testing, it was found that the City had the most comprehensive drug testing program in the metroplex. Council Member Krueger asked if the random testing included every • • City of Denton City Council Minutes November 12, 1996 Page 4 City employee - administrative staff as well as working staff. Blackburn replied that guidelines from the City Council in December were that all cial licenr,?d drivers and every one in ' a safety sensitive po., would be ttated. After 21 months of drug testing there we-* , positives in the commercial licenses tests and seven positives in safety sensitive positions. Of the 806 tests given, under it tested positive. Mayor Miller asked if a post accident test was required for safety sensitive positions. Blackburn replied correct. The City's requirements were more stringent than the Department of Transportation. Council Member Krueger asked what happened to employees who were found positive during a random test. Blackburn stated that those employees were referred to the Employee Assistance Program. If the individual was in a temporary/seasonal position, he would probably be terminated. 3. The Council considered and gave staff direction regarding joining a coalition of cities to intervene in Lone Star Gasf application for ar increase in their gate rate. Herb Prouty, City Attorney, stated that in August, the Texas Railroad Commission instituted an inquiry into the appropriateness of the city gate rate charged by Lone Star. The purpose was to inquire if the existing rate was fair and reasonable. The gate rate was the rate which the Lone Star transmission company charged for transporting the gas to the master meter at the City's gate. That was a significant component of the rate which was charged to the consumer. After the Railroad Commission instituted its inquiry, Lone Star applied for an increase in its gate rate. since that time several coalitions were formed by cities to intervene in • the caso to demonstrate that Lone Star's gate rate was higher than the city gate rate of other large gas distributors in the state. i There were three coalitions known of at this time. One group was the Fredricksburg coalition headed by the City of Fredr+.cksburg. Another coalition was the City of Garland which was charging to participate in the co-Alition. The last coalition which had just been formed was one r;onsisting of the larger cities serviced by • Texas Utilities. At the upcoming Texas Municipal League meeting • • that coalition would present a report by their steering committee with a decision whether or not to intervene in the case. At this point in time there was not enough information for a recommendation. Staff needed direction from council on whether to proceed to determine whether or not to join a coalition. i~ mill • City of Denton City Council Minutes November 12, 1996 Page 5 Council Member Cott asked how many cities were outside a coalition. City attorney Prouty stated that at this time he understood that there were more cities served by Lone Star which had not joined than had joined a coalition. Mosz of the coalition had just formed and were in the process of soliciting cities to join. Mayor Pro Tom Brock felt that she would like to have more information on the issue. The City needed to not be passive on the issue and to know what would be best for the City. It might be appropriate, if the City joined a coalition, to join one with other cities which generated their own electricity through gas. Council Member Young stated that the City had just finished a suit with GTE and now were suggesting to enter into a similar situation with Lone Star Gas. Lone Star had not had a rate increase in 14 years and was only asking for a small increase. He felt the City should not get involved in this situation. Council Member Biles stated that the proposition was whether or not the City would participate in coalitions with other cities on behalf of rate payers in the City because Lone Star transmission was going to consider a rate increase which would ultimately affect the bill of the consumer of natural gas. This was very different from the city's litigation with GTE. This was not the City going out to get franchise fees due the City. He did not feel this was a wise expenditure of taxpayer dollars as it would be for a rate case which was not necessarily the same inter %to as rate payers. He was not in favor of joining a coalition before hearing from Lone Star Gas. The only justification to become involved would be if the City were acting as a consumer of natural gas as it consumed gas in the production of electricity. Council Member Beasley agreed that there was not have enough information on the issue. She felt it was a good point that the • City had not heard from Lone Star Gas aL this point in time. It might be useful to ask for a perspective from Lone Star Gas on the issue. a Mayor Miller stated that he would like more information on the issue before making a decision on whether or not to join a coalition. The City was a major user of gas in producing electricity. He asked the staff to attend the TML meeting and y return with more information on the pros and cuns cn whether or not • to participate in a coalition. He would like more information and later decide on whether or not to participate. Council Member Krueger felt that the City should go to Lone Star Gas and open negotiations with them regarding the issue. act. y r, r } F ~p~ e f i? j i1X7 l~k s l:.fr jS~~11v~~g aFn~•sty r . , ............u..,nw.+shYMd~vW ♦WAa iw. _ < t ~ i.~.i..:L. ~ tn. ~ City of Denton City Council Minutes November 12, 1996 Page 6 Mayor Miller stated that the consensus of the Council to have staff get more information on the issue and bring back a report to Council for further discussion. Information should come from Lone t Star Gas as well as other sources. The information should include > a utility impact on the issue. v, With no further business, the meeting was adjourned at 7:4D P.M. f A a { JACK MILLER, MAYOR i i CITY OF DENTON, TEXAS ` JENNIFER WALTSRS CITY SECRETARY CITY OF DENTON, TEXAS ACCGO31F a w ~tlr t . a ~ . GT I SjT .,F Y t io Y' i 1M~ S F + r, - ~>bid t" r s i CV y7`p CITY OF DENTON CITY COUNCIL MINUTES November 19, 1996 The Council convened into a Closed Meeting on Tuesday, November 19, 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 Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed status and considered settlement demand of John Hodges' claim. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, November 19, 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. r'one 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and the Texas flags. 2. The Council considered approval of the minutes of September 3, 1996. Beasley motioned, Biles 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. Presentation of Texas Downtown Association Awards. ` r Jane Jenkins, Main Street Manager,'stated that the Texas Downtown Association was a state-wide non-profit organization which facilitated lowntown development in communities. At their 14th i annual conference, the City of Denton was awarded two state-wide • A awards in the categories of best store interior and best private/public venture. This was the 9th time that Denton had been recognized on a statewide basis for its downtown projects in the eight years that the City had a Main Street program. Denton was noted around the State for excellence in projects. :4 1021'_ City of Denton City Council Minutes November 19, 1996 Page 2 Mayor Miller presented the award for Best Store Interior to George Goen. Mayor Miller presented the award for Best Public/Privato Venture to Mayor Pro Tem Brock and Council Member Beasley representing the Vision project. Mayor Miller presented a proclamation for "Education Day'. CITIZEN EEP0RTO 4. The council received a report from Don white and representatives of Chi Omega, Kappa Kappa Gamma, Delta Sigma Phi, and Sigma Tau Gamma regarding feeding the needy for Thanksgiving. Mr. White stated that as Thanksgiving was approaching there were many things for Americans to bL thankful for. Those in the United States were guaranteed many rights and in Denton there were many ways to give thanks. Four organizations on the University of North Texas campus were brought together along with the Denton Greater Arts Council and the Greater Denton Caucus to feed 400 needy persons in Denton. These individuals would be serving the needy and providing entertainment. He asks- the Council to join them in feeding the hungry on Saturday, November 23rd. 5. The Council received a report from Joe Dodd regarding "three things". Mr. Dodd stated that he wished to speak on three items. The first was the dumb things done by the City Manager. He knew two of the three individuals let go by the City Manager and those were two of the four people in City government who had never lied to him. He was sorry to see them go. He was alcj concerned with the demotion of Chief Jez. Chief Jez was not the one to be put in charge of shrubs and grease traps. That was not good management. The second item was his concern of playing by the rules. The Planning and Zoning Commission had had ar; illegal meeting last week. That commission met in a closed meeting regarding the land exchange with the School District and that exchange was probably not what it should be. The Attorney General agreed with an individual who had requested o.en records. Also on following the rules regarding the economic development hearing, three items on the agenda were taken together in a supposedly random order. There were unusual ® circumstances on how the agenda items were heard. The third item O was his resignation from the Cable Television Advisory Board as he did not approve of how the city government was going. PUBLIC HEAEXJ]g 6. The Council held a public hearing and considered adoption of an ordinance providing for a change from the Single Family 7 (SF-7) • City of Denton City Council Minutes November 19, 1996 Page 3 zoning district and use designation to a Neighborhood Service Conditioned (NS[c]) zoning district classification and use designation, for lot 5 of the replat of the T.N. Skiles subdivision located on the northwest corner of Westway and Anna Streets. (The Planning and zoning Corinission recommended approval 5-1.) Rick Svehla, Deputy City Manager, stated that this site was currently zoned SF-7. The Planning and Zoning Commission examined the request as there was currently a non-conforming use at the location. Approval of the request would make the use appropriate for the zoning. The Mayor opened the public hearing. Phil Philips stated that he was representing the applicant. The applicant originally started a beauty college at the location in 1964. She later sold the business in the 1980's but kept the wig business on Sunset. She wished to move the business to Westway. There were other businesses in the same block where this business would be located. He felt this was a peoper application for the location. There were not a large number of clients each day and j would not be a traffic problem. ...wncil Member Young asked about parking for the business. Jessie Taylor, Applicant, stated that parking was in the back of the property which was on Anna Street. Council Member Young expressed concern that individuals would be parking in front of the homes in the area. Taylor replied that there was plenty of parking in the back of the property and there should be no parking on the street. Jessie Taylor stated that she had been in Denton since 1964 and began Jessie Beauty College. She added a wig business in the 19700s and sold the beauty college in the 19P0's. There was a great need for wigs as many individuals were ui•dergoing chemotherapy. She currently had a shop on Sunset and would like to rezone to her property on Westway to continue her business. Janice Johnson stated that she had been a customer of Ms. Taylor for over 20 years. She had a condition in which she had lost all i of her hair. This request would help Ms. Taylor's business and 0 requested the Council consider the rezoning of the property. Linda Carter stated that the move of the location would help with the parking at the site. Viola Marie Woods stated that she was a customer for a long time and asked the Council to support the request. e MCP . r City of Denton City Council Minutes November 19, 1996 Page 4 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 96-258 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD SERVICE CONDITIONED (NS(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR LOT 5 OF THE REPLAT OF THE T. N. SKILES SUBDIVISION LOCATED ON THE NORTHWEST CORNER OF WESTWAY AND ANNA STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Krueger seconded to adopt the ordinance. Mayor Pro Tem Brock stated that this was not a zoning request for a wig shop which would require a specific use permit. This was a request for neighborhood service which allowed a variety of uses. Svehla replied correct that this was a conditioned neighborhood service request dependent on the size of the building. Mayor Pro Tem Brock asked if the zoning would allow a convenience store or laundry mat in the future. Svehla replied yes if it could fit into the existing building. Mayor Pro Tem Brock stated that the structures on Westway were residential in nature. Svehla replied yes that the structures on south side of Westway were residential. Mayor Pro Tem Brock asked about other uses which would be allowed in neighborhood service. Svehla replied a convenience store, a dry cleaners, etc. The Planning and Zoning Commission looked at the neighborhood as a 1f 0 whole as it was transitional in terns of other uses. Council Member Krueger asked how many residences were in that area. Svehla replied that there were two or three in the area. Council Member Biles stated that the proposed zoning was for only 1,200 square feet. r~ r A T te("• 1 a 1 2 tr S at, k , ,y 5 ; / l .11 1" .V+~1. ~f~ :-i '+!y4 ti ~S.r.'k'~11n~y~!~~F'`R. `w~r4k~1W~j a City of Denton City Council Minutes November 19, 1996 Page 5 Svehla replied that the intensity analysis was done using 1,200 feet rather than 5,000 feet. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "Tye" and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA ITEMS 7 - 19 Council considered the Consent Agenda Items 7-19. Brock motioned, Beasley seconded to adopt the ordinances. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 7. 96-259 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO P. CONTRACT BETWEEN THE CITY OF DENTON AND DICKERSON CONSTRUCTION; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (Bid 01799 - Panhandle/Egan Sanitary Sewer) a. 96-260 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND M.D. HENRY COMPANY, - INC.; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (Bid 01926 - Jim Christal Substation Package) 9. 96-261 AN ORDINANCE AUTHORIZING THE EX?EHDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE, CITY FOR PERMIT FEES TO TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC); AND PROVIDING AN EFFECTIVE DATe. 10. 96-262 , AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASLS OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOUR^E IN ACCORDANCE WITH THE PROVISIONS Of STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE ~ N BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. 070309) 11. 96-263 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE 4v;. • City of Denton City Council Minutes November 19, 1996 Pages 6 COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 12. 96-264 Y AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COTiNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 13. R96-069 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 14. 896-070 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 15. R96-071 I A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF D£NTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 16. R96-072 A RESOLUTION APPROVING AN INTF.RLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (1995-96 fiscal year) 17. R96-073 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT , BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR b AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 18. R96-074 i A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. , ~5 • • City of Denton City Council Minutes November 19, 1996 Page 7 19. 96-265 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEPOSITORY PLEDGE AGREEMENT BETWEEN THE CITY, FIRST STATE BANK OF DENTON, TEXAS, AND TEXAS COMMERCE BANK, N. A.; AND PROVIDING FOR AN EFFECTIVE DATE. ITLKS tOR INDIVIDUAL CONSIDERKTION 20. The Council considered an ordinance making findings consistent with Section 26.001 of the Parks and Wildlife Code, including the finding that there is no feasible and prudent alternative to the use or taking of 13.96 acres in Abstract 616 and 1007 out of South Lakes Park in the City and County of Denton, Texas; authorizing the Mayor to execute a conveyance of this 13.06 acres of undeveloped city park land to the Denton Independent School District in exchange for a 5.105 acre tract of land near Evers Park in Abstract 186 in the City and County of Denton, Texas to be used for park purposes; making certain other findings; making this ordinance cumulative of other ordinances; providing a severability clause; and providing a savings clause. Ed Hodney, Director for Parks and Recreation, stated that the Planning and Zoning Commission and the Parks and Recreation Board endorsed this proposal. The proposal was 100% in compliance with State law and the Parks and Wildlife Department agreed with this proposal. This was an equal exchange of value as dictated by State law. The following ordinance was considered: 96-266 AN ORDINANCE MAKING FINDINGS CONSISTENT WITH SECTION 26.001 OF THE PARKS AND WILDLIFE CODE, INCLUDING THE FINDING THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OR TAKING OF 13.06 ACRES IN ABSTRACT 616 AND 1007 OUT OF SOUTH LAKES PARK IN THE CITY AND COUNTY OF DENTON, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A CONVEYAI.:E OF THIS 13.06 ACRES OF UNDEVELOPED CITY PARK LAND TO THE DENTON INDEPENDENT SCHOOL DISTRICT IN EXCHANGE FOR A 5.105 ACRE TRACT OF LAND NEAR EVERS PARK IN ABSTRACT 186 IN THE CITY AND COUNTY OF DENTON, TEXAS TO BE USED FOR PARK PURPOSES; MAKING CERTAIN OTHER FINDINGS; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES; PROVIDING A • SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. Council Member Beasley felt that this was a win-win situation for the DISD and for the City. The parcels were unequal in size but - • a • City of Denton City Council Minutes November 19, 1996 Page 8 were equal in value. This was a good use of city resources for the City and for DISD. Council Member Krueger stated that in 1992 other school districts and cities were working on just this type of agreement. This proposal would build a school within a park. He did not see one negative on this proposal. There had been two separate appraisals on the property. Mayor Miller also felt that this was a win-win situation. The gymnasium which the DISD was going to build with the school and make available to tb3 City would have cost the City much money if it had to build it alone. Council Member Biles stated that there would be two new ball fields to facilitate games in Denton. The development of the school would save tax dollars for both the City and the DISD. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 21. The Council considered adoption of an ordinance whereby the City of Denton, Texas, and GTE Southwest Incorporated agree that, for the purpose of operating its telecommunications business, the Telephone Company shall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said city and for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of- way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain • facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; rroviding for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is • passed is open to the public as required by law; providing for • • future contingencies, providing for repeal of conflicting ordinances; providing for release of all claim:, under prior ordinances; providing for alternate dispute rosolution; and providing for method of acceptance. Biles motioned, Young seconded to adopt the right-of-way ordinance with GTE and set the access line, street rental fee at the amounts ti • • City of Denton City Council Minutes November 19, 1996 Page 9 recommended by the mediation committee and as moved at the last meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger $'aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance authorizing the City Manager to execute the first amendment to a professional services agreement between the City of Denton and Lloyd, Gosselink, Fowler, Blevins and Mathews; and authorizing the expenditure of funds as provided in the agreement. Sharon Mays, Director of Electric Utilities, stated that in March of 1996 the City entered into an agreement with this firm to represent the electric utility in the transmission cost filing before the Public Utilities Commission. That proceeding was more complicated than first thought. The original contract of $25,000 was exceeded with a change order for $14,000. Due to the fact that the City was unable to settle with all of the parties on the transmission rate filing and had to go into hearing, which was unexpectec% a draft decision was reached. This proceeding had become more and more complicated with a new docket which contained all of the technical requirements for operation of the electric system in the entire State. As a result, staff was recommending a new contract with the firm to cover activities through May 1997. The following ordinance was considered: 96-267 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS; AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. diles 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 1 unanimously. , 23. The Council considered adoption of an ordinance approving and authorizing the Mayor of the City of Denton, Texas to execute a resolution authorizing participation of the City of Denton in the Texas Local Government Investment Pool and designating authorized representatives; and authorizing the Mayor to execute a revised participation agreement between the Texas Local Government Investment Pool and the City of Denton; and authorizing the expenditure of funds therefor. Harlan Jefferson, Director of Fiscal Operations, stated that the city had been a member of the Texas Local Government Investment "t v .w... .hY S _ i. • City of Denton city council Minutes November 19, 1996 Page 10 Cooperative since 1991. Since that time and just recently, the State Treasurer's office had been abolished and the new Public Funds Investment Act amended requiring the City to approve a new agreement. The agreement included five basic changes - (1) the new agreement reflected references to the Public Investment Act as opposed to the previous act; (2) operating procedures were taken out of the agreement and transferred to a new manual; (3) previously the advisory board could approve amendments to the investment policy as well as changes to the fee structure and the amended act limited the duties of the advisory board;, (4) the way amendments would be implemented were revisrid; and (5) the controller's ability to retain the services of an outside investment company was revised. Council Member Biles asked if the one day notice of withdrawal of funds dealt with partial funds. Jefferson replied that part or all of the funds could be withdrawn. Council Member Krueger asked what percent of the entire investment was in TxPool. Jefferson replied approximately 6% was in TxPoo.l and not more than 10% could be invested as a whole. The following ordinance was considered: 96-268 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A RESOLUTION AUTHORIZING PARTICIPATION OF THE CITY OF DENTON, TEXAS IN THE TEXAS LOCAL GOVERNMENT INVESTHF.NT POOL AND DESIGNATING AUTHORIZING REPRESENTATIVES; AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A REVISED PARTICIPATION AGREEMENT BETWEEN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL AND THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS 1 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. j Hiles motic.ted, Young 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. • 24. The Council considered a • • J pproval of a resolution authorizing the submission of an application of the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Prevention/Intervention Program for Juveniles. I w.il r~u~' 1 _ • City of Denton City Council Minutes November 19, 1996 Page 11 Harlan Jefferson, Director of Treasury operations, stated that last year the City received a Title V Delinquency Prevention Grant in _ the amount of $81,000 for tern court programs and the Boys and Girls Club which operated out of the Fred Moore Learning Center, The City was reapplying for $300,00 this year. This was a joint venture with the City, the DISD and the County to try and provide prevention and intervention programs for youth at risk. The following resolution was considered: R96-075 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION FOR THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/ INTERVENTION PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. Young 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. 25. The Council considered approval of a resolution authorizing the City Manager to execute an interlocal cooperation agreement with the University of North Texas to enable an exchange of right- of-way to allow the rerouting of Avenue E to accommodate the construction of a new Music and Fine Arts Education Building. Rick Svehla, Deputy City Manager, stated that he would be discussing both Items 25 and 26. Item 25 was an interlocal agreement to allow for the exchange of right-of-way. Normally there had to be an equal exchange of property. As not all of the documents were written, an interlocal agreement was being done. Item 26 would be abandoning and vacating a piece of the right-of- way. Later the City would write legal documents where UNT would • give the City right-of-way to reroute the road. The following resolution was considered: R96-076 A RESOLUTION AUTHORIZING THE CITY N.ANAGER TO EXECUTE AN L • INTERLOCAL COOPERATION AGREEMENT WITH THE UNIVERSITY OF NORTH • • TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE REROUTING OF AVENUE E TO ACCOMMODATE THE CONSTRUCTION OF A NEW MUSIC AND FINE ARTS EDUCATION BUILDING; AND DECLARING AN EFFECTIVE DATE. 7 • f City of Denton City Council Minutes November 19, 1996 Page 12 Brock 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. 26. The Council considered adoption of an ordinance abandoning and vacating right-of-way easement in the vicinity of Avenue E, north of Interstate Highway 35E and south of Eagle Drive. The following ordinance was considered: 96-269 AN ORDINANCE ABANDONING AND VACATING RIGHT-OF-WAY EASEMENTS IN THE VICINITY OF AVENUE E, NORTH OF INTERSTATE HIGHWAY 35E AND SOUTH OF EAGLE DRIVE; 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", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered approval of a resolution of the City Council of the City of Denton, Texas consenting to the issuance of bonds by the Texas Municipal Power Agency to acquire the property subject to the leveraged lease agreement held by Metlife Capital Corporation and the Texas Teacher Retirement System; authorizing the city of Denton, Texas to execute all appropriate documents and certificates in furtherance of, and necessary and incident to the issuance of said bonds. George Hopkins and Bill Giese, TMPA Board of Directors Representatives, stated that they had previously spoken to Council about this issue. While the proposal would issue additional debt there would be no further financial obligations undertaken. The proposal would improve the cash flow position of the THPA. • Mayor Miller asked about the cash flow savings. u Hopkins stated that the proposal would save approximately $13 million, mor, or less depending on interest rates. H: doubted it would be that much due to the annual maintenance on the property. The following resolution was 4...,in eyed: R96-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE ISSUANCE OF BONDS BY THE TEXAS MUNICIPAL POWER AGENCY TO ACQUIRE THE PROPERTY SUBJECT TO THE LEVERAGED LEASE AGREEMENT HELD BY METLIFE CAPITAL CORPORATION AND THE r • City of Denton city council Minutes November 19, 1996 Page 13 TEXAS TEACHER RETIREMENT SYSTEM; AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ALL APPROPRIATE DOCUMENTS AND CERTIFICATES IN FURTHERANCE OF, AND NECESSARY AND INCIDENT TO THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the rer,olution. on roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 28. Briefing and gave direction regarding assignment of extraterritorial jurisdiction with the City of Aubrey. Rick Svehla, Deputy City Manager, stated that several weeks ago staff met with representatives from Aubrey to discuss the ETJ. Today several Council Members suggested two areas which would be changed from the agenda materials. He had talked with Aubrey and it was felt that the line could be moved so as to not leave any land in between Denton's ETJ boundary and the City of Aubrey. An agreement could be drawn with those lines upon approval by the Council. Biles motioned, Krueger seconded to proceed with the preparing of an ordinance. Council Member Cott did not believe in giving any land away under any circumstances. The City should have gone out and talked to these individuals to see if they wanted to stay in Denton'a ETJ. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. 29. Nominations/appointments to Boards and Commissions. Wiley Cunagin had been nominated by Mayor Miller to the Plumbing and Mechanical Code Board at a prior meeting. on roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Henry Rife had been nominated by Council Member Beasley to the Building Code Board at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. ® j Fran Morgan was nominated by Council Member Young to the Library Board at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. Nil % i I 7 s y,}1' ♦ , 1c HIV r 1 1 /i it t~ 753~~ _ «...a ...Jr'rYikaac i4ltyvW~l.'/MYYIlM ~ ~MJlor WIwS~YWi~nrarlurwi~i{'` 4 _ d `dtiYi' a . Agenda No. 97 Agenda Item - - Date An l ® TEXAS December 16, 1996 Mayor Jack Miller 215 East MMnney Denton, TX 78201 Subject: Award To Euline Brock Dear Mayor Miller. I am pleased to Inform you that Mayor pro tom Brock was awarded the Planning Advocate Award tar 19% by the Midwest Section, Texas Chaptor, American Planning Association, on December 13,19%. ` , ! The award Is made annually to an outstanding appointed or elected official who has demonstrated support for planning. The section jury was particularly ` impressed with Dr. Brock's participation, activism, and successes in many different and Important civic endeavors in Denton over a very " period of time. Without going over the extraordinary list of acoomprshments here. I have attached the nomination on which the jury based its award. r Dr. Brock was not able to atW4 the award ceremony on December 13 h. I have forwarded the plaque to SeCaon member Harry Persaud for presentation to her In % whatever appropriate way you and Dr. Brock deem appropriate. Sincerety, I1 I . Frank H. Robb'sns, CP Jury Chair • xc: Harry Persaud ~ Richard Foster! 5' I 1 I T i q The Mi wed Sedlon rWmark a 21 cw * oree Tah more W 100 oomnunlan !om Fod WoM to A&*n, Lew%va, G r > to Wkhb Feb. ` sr i fry 'i THE NMERICAN , PANNING ASSOCIATION 7 TEXAS CHAPTER P.O. SOX 17251 . MIDWEST IIIII N FORT WORTH, TX 7410.^4211 ,;J a1 . r ' 16 7Z ! t' Zt . M1 f b i t s ...vww-- it ~1'.:wy 1"k , r PLAi N NG ADVOCATE AWARD r1!M4VEST SECTi0tJ TEXAS CHAPTER Af 1ERICAN PLANNING ASSOCIATION 1996 Euline Brock, mayor pro tern, Denton, Texas. r lalyor pro tern Eul Ine Brock, PhD, has played a vital role in every forward 10: F Inq project and c,rograrcl undertaken In the city of Denton since 1985 ,.he has been the charnplon and a leader of the most important Initiatives ljnlj?rta~.en to enhance Denton as a community and the quality of I I f e for all :f Denton; citizens. Eullne Brock epttomlzes the very best aspects of progressive civic leadershlp. Her arllity to affect and be a catalyst of fundamental change for things that are Iu;t, right, ana test for the community as a whole te,a3n rn 194, when she took a leadership role in the ctvil rights roovernent Sr,e was a founding member of a number of organizations that have created a more integrated and diverse cormunity. As 3 leader, te3Cr,er, and scholar in this effort, she made a great deal of difference in the efforts to end prejudice That vitally important effort conftinues c~day he recie:'ed the Denton Branch, NAACP citizenship award In 1987. Srre ha'; been the Chair of the Scholarship Committee, Denton Branch, rI r_p Since 1984 She was the founder of Denton Afro-American 13 r_,i,ip fund She v: as a rounding member of the Denton Interracfai won~en'Fe11cvishrIC) She Is currently an active rnernber of LULAC. Flihne Lroci, w.3s appointed to toe Denton Planning and Zonning Cl;n ri c.;l n in 19$` She Served 33 !ts vice-chair from 1987 to 1988 and it_ cr3~r trop; 1995 to 1991. (luring her time leading the Commission, she .,,~raaw andcharri0oned swt ping changes In the systems and procirarns that ,nlprOve and preserve the best asaects of a community. She was one :j ire mr.st active and effective members of the Land Use Planning r Cc,rornitcee that developed Denton's comprehensive plan, the Denton C1e.eIor:rnent pIarr. She Y,, as instrurnental In developing a broad based, :Criln;urrrty-frido tonsensisabout the future physical development of r?nt,n, wnlcr led to its adoption and more importantly Its consistent ~pf 1icatJon to this day. With her help and leadership, annexation, self- • -,,if f icien,:'y, and comprehensive landscape and beautificatton plans were 3 rot ted and irnplerrented 2- y 1 rte- ~ ~ • • I 13, or crn t?ro Frock, has worked tirelessly a„d effectively to improve [,Pr~ton''s criaracter and lroageHer efforts in this reguard 'lvent fair Oevorid 1-,er leadership role on the Commission. She agarn',voO.ed within the cornrnunity, effectively communicating, cajoling, persuading, and f,i-;hiioning a community consensus Those efforts, among other things, led to tl•~? passage of the landscape and tree preservation ordinance, and ;?veral major arnendrnerts to the sign ordinance f 13y:r pro tem Frock, Is the most knowledgable civic leader in Denton on rnatters of community development. That Knowledge Is grounded In the principle of taking the long view, effective and strategic short term action, and a cornprehenslve approach. She has always advocated this approach That approach has built a better community. Her knowledge, 3pproacr, effective advocacy and leadership resulted in major improvements to the mooning ordinance, which was completely re-written, re-v:rit?.. of the subdivision regjlatlons, and an Improved capital improo,?ment Oar; and program Tier her terms leading tr,e cornmunity's Alanning prograrn from the Cnl,3r,ri r, q 3rrj 7oninq Comrnlssion, she tAlSk. her can, rabl? community ide si~ ill_ to the City CoDuncil. She was eiecte,- t0 the city council ciril 1,3; been e1?cted by the council twice as its rlayor pro tern to d?roonstrate enthusiastic sutr1port for the planning r.r'cces frorn tr,e city, c_Our),-il She played the most important role in _c,ri, rr•,,;ima seven Institutions In Denton to embark in a partnership on Denton 's most Important and cornprehensive pianning effort in its history, ri'? t'r^1e;t and strateglc plan is called "A. V;ion for Denton the 21st r_?r,tury" Afte; facilitating the program, she again played and continues to f 13y a roarer role in its development, adoption, and implementation She ;?rved ?n the Vision Cabinet, chaired a committee, .vas an active rnernber :,r an -kction Tearn, and served as he city council's principle Iiason to the project durirna Its development, and nov: Its Implementation. Her advocacy, know edge, le4,7ershlp skills, and great ability to ff?ctr;ely articulate shared community values have been felt on a rwj1on31 and state-wide basis. She has served on the North Central Texas o J :ounc II of r3overnrnents' Criminal Justice CornmIttee, and a Texas 1 r~r~iclpa! League cormittee of cities with major universities. Wine F F ae erves great praise and recognition for her tireless and effective ,1 cac, and leadership in the cornrnunity for more than 30 years. 3 1 , 7 , 01' r i e i r~•.?. t r r P w r:L)<.ra~..~ Qe, L'eY'~a ..mrt` . -...r waerww.iir:arw,r++~f+.,~w~:w~~u__...s._.i..r`r..rw.~.w~++.:r.... Agenda No.~~%~ Agenda Item X4 '17 MIDWEST Dale SECTION Texas Chapter • American Planning Associrtlon P.O. Box 17251, Fort Worth, Texas 76102-0251 ; December 18, 1996 Honorable Jack Miller Mayor City of Denton 215 East McKirutey Denton, Texas 76201 Re: American Planning Association - Certificate of Planning Excellence Dear Mayor Miller: r 1 This letter is to make you aware that your City and Planning Department Uve been selected to receive the 1996 "Certificate of Achievement for Planning Excellence" presented by the Midwest Section of the Texas Chapter of the American Planning Association. r This award recognizes professional planning standards demonstrated by city staff responsible for planning and further recognizes the support that you and other Councilmembers have exhibited with regard to funding and support of professional planning efforts in your city. A formal letter of transmittal ail] be sent to your office with the accompanying plaque in mid-January. Representatives of the Midwest Section of the Arr erican Planning Association congratulate you and your administration for receiving this recognition. , Respectfully, Awards Committee Midwest Section of the Texas Chapter American Planning Association 1 ' k r... i cc: Frank Robbins, Planning Director r 13 r 'f.• it ' r '`a nl • ' ' • Agenda No. Agenda Item Date l~Zl~ 7~ January 21, 1947 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ted Benavides, City Manager SUBJECT: PRESENTATION BY TEXAS ENGINEERING EXTENSION SERVICE TO THE ELECTRIC UTIIdTY COMMENDING THE UTILITY ON THE ACMEVEMENT OF MUNICIPAL ELECTRIC SAFETY ACCREDITATION SUMMARYIBACBGROUND: The increasing obligations of municipals to reduce insurance costs, avoid litigation and adhere to legislative mandates has made occupational safety and health measures extremely important. Unfortunately, a yardstick to measure all aspects of an electric department's safety and health program has not been available. The Municipal Electric Safety Accreditation Program was developed to establish a standard whereby electric utilities can determine their strengths and weaknesses. The standards of safety accreditation meet and exceed all regulatory safety and health regulations with regards to electric utilities. Denton Municipal Electric 1Jtilities is one of only three municipal utilities In the state to achieve accredited status in the first year the process was offered. The safety accreditation process will eventually be offered to all municipal electric utilities In the nation. Denton, who Is now known on a state level for this tremendous accomplishment, will soon be recognized nationally for their safety and training efforts. • A few of the benefits of becoming safety accredited are: 1) A systematic approach to accident prevention / 1) Establishes and monitors job performance and safety 3) Moves all employees, management and supervisors as well as the public toward common goals • • 4) Standards are set for tools, equipment, good housekeeping, maintenance Jj and training y r r • Page 2 v . i 5) Cost of operation Is reduced 6) Legal evidence of good faith Is provided 7) Positive mental attitudes of employees and recruitment of high quality employees are promoted RespeMfully submitted, Ted Benavides, City Manager Approved by: E. Nelson, Executive Director Utilities F. pp '1 ~ri " 2 s y 1.; Y v d ty r ~•a ,r y : d t. Y rY tk L7 . ,F .Y`.. -«+r-r xhY.y •~„Y'r y. ; F~`}. ; r~ I PIL • a Y 5 a v t ? r irv t v k r, . ...,..-r..n,:_..,.e._.,1...,+<a~w:wfq.+chbary..sd#il✓a+r'aC1.C~R~.fnt.zW!Mtl~k~'i'43SRfRNeACir+w4C.<<y.+.m~,~ - i Agenda No._Ll-ne)- Agenda lttm,_ Data JAMES DOTSON I WHEREAS, on December 31, 1996, James Dotson retired, after serving with the City of Denton since June 1, 1968; and WHEREAS, during the past 28 years, James has represented our City as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of lames and wish to recognize wane; and WHEREAS, James Dotson has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of James Dotson felt by the citizens and officers of the City of Denton, be formally conveyed to him in a perma,tent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and forwarding to James a true copy thereof as a token of our appreciation. PASSED tiND APPROVED this day of . 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 8 ~ • _ r~y,~ r - i ~i rri tkF~ s.~ i ,N F9 a ^Y"~~~~'~ r s'I , ~i~, v , I ed. h fnc e¢Iet.U'.w Mrwa» iL.'wa.4.~~w.~rs.~.RYe6M'19i11{'G~aIIIY'MY<~}1t1a1'~/~ Agenda No, Agenda Item DATE: January 21, 1997 Dais CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavlles, City Manager SUBJECT: Hold a public hearing and consider an ordinance to rezone .4892 acres from the General Retail (GR) zoning district to the Planned Development zoning district and approval of the development plan. This tract is located on the south side of McKinney Street, approximately four hundred fifty (450) feet west of Woodrow Lane. (2-96.020) RECOMMENDATION: The Planning and Zoning Commission recommended approval of the rezoning request at its meeting on January 8, 1997. SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUP$ AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted, Ted Benavides Prepared by: City Manager • Do na Bateman Senior Planning Technician Approved by: • Rick ehla ` • Deputy City Manager Attachment #t1: Planning and Zoning Commission Report. Attachmant #t2: Draft Ordinance. ~ a _ ❑r fs r~ a~ 77 k • r Lf ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT [TFF : Mayor and Members of the City Council om: Pla nning and Zoning Commission ate: January 21, 1997 bject: Z-96-051 ENERAr. INFORMATION Applicant: Jack Bell Bell Commercial, Ltd. 721 E. Windsor Denton, TX 76201 Owner. Jack Bell Bell Commercial, Ltd. 721 E. Wiindso, Denton, TX 76201 Action: Request to rezone from the General Retail (GR) zoning district to the Planned Development (PD) zoning district and to consider approval of the development plan. Location and Size: The subject property consists of a .4692 acre tract located on the southwest comer of McKinney Street and Woodrow Lane. Surrounding Land Use and Zon!,ng: North: Food Lion/Single Family Residences; (GR and SF-7) South: Sheriff's Ofte/Jail; (SUP-201) East: Gymnasium; (General Retail) West; Proposed Gounty Courts; (Light Industrial) Denton Development Plan (DDP): Low Intensity Area #r52 (13096 allocated). SPECIAL INFORMATION • The Subdivision Regulations requires all lots to have a minimum of thirty (30) feet of street frontage. Since the subject property does not have frontage on a public street, a planned development is requlred in order to allow for the proposed subdivision. The property is platted as Lot 1, Block 1 of the j~.dkisson Addition. After zoning is In place, the applicant proposes to replat the 3.1 acres into six (6) lots. Public Improvements needed _ • to support this development Include the extension of water and sewer lines to the property, • • sidewalks, and installation of fire hydrants. These Issues will be addressed during the platting phase. s • i - i....♦ _..r'.- .n. .-r, r r ..,:.,,;..y m.r /...•x R'a :.rvr:.a if lur tf L:'.:.wfRY: l.inL~wSQa. vO.(a lx lwrra.++ BACKGROUND January, 1969 = Property is zoned Single Family-7 (SF-7) with adoption of the 1969 zoning map. August, 1971 = Property Is rezoned from Single Family-7 (SF-7) to General Retail (GR). NOTICE Three (3) property owners were notified of the request on December 16, 1996. One reply form has been returned in favor and none In opposition. ANALYSIS The table below will provide a summary of the Plan related analysis for this project. Denton Development Pion Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Sign way lrxcaraidsrt IneauhUnl To be caaMent wth the PW% a Allocated Ner" (wdstlnp zoning) development should not exceed 4 017AE K" x atlocated Weraity. Adual Ito ty (proposed zoning) - 017.0E trips These we m resider" propososee strict $ite plan cor cw wshin 1.600 fed d adjnw# to the sAed property. Review x _ o4dmg low derosy resideNial, d a Ms plan is requbed wkh the rezoning. TFWU design lo crown that Mx#fam0y or Nwr Sssidential uses have access to The subject property would have access cdledors or larger artrlats with no direct to McXW" Seed and Woodrow Wes, x access ihrmgh residential strsatf. Sufralert preen specs, recreaborsl fackies send diversity d parka we Nat shown on plan x provided. Input Ho planning by nelghborhood A neighborhood meellrg was suggested. assocWoorm and councils Is encoursgd. e Neighborhood service crler is x w4 waged. r other of&NRslel uses are W" 112 separation mh of to proposed location The x property is zoned Gerard Plot rd OrtkNRdap uses we allowed. Based on fie 1d Isyoul shown on ft Any form of corRUSww strip comrrwcid 0' it appears as though strip devoopmki is strongly dboowaW In comrrwcW Is proposed on ft property. x I _ TM property, howwo, is amw or war low Intr M o ryas. Gomel Retail which would allow rstait uses Irrsrtsd+ately adjecant lo each other. „ Y x % y, it Denton Development Plan Policy Analysts Summary Low Intent" Area Devaiopmant Rating vs. Pulioy POLICY COMMENTS s«rwwhd twwbwd b-ooraWkwd trworwblart i The bpo Vhy d ft ww world not Nwee wRh of*" w"01 e. Th" t Topoprsow am noway, ws" gwoaa ken on x th ey"" OW wa roved to be Y eddrened , i Lan trMeroiy Arse D~ ` The prYrwry pwpow d Awe ww M torw,re Rw oarM w,d uee9rwpWWOm ba n" by oo troftV tM ovwM dwwRy end eyrwRy. Furtw, Itww wn reprwrrt prW wy !mum* erne in ft Cy d Derbn Thus. *me A enne W,*M wrptw4e rwMe IMl rove irwlead d A.. ftje d MWW" and rardeA rI Mt i RECOMMENDATION The Planning and Zoning Commission recommends approval of this request I ALTERNATIVES 1. Deny the request. 2. Approve the request as submitted. _ 3. Approve the request with other conditions. 4. Postpone consideration. ENCLOSURES 1. Location Map. 2. Development Plan. 3. Surrounding Zoning Exhibit 4. Draft Planning and Zoning Commission minutes of January 8, 1897. t I ly, 19 i , ENCLOSURE 1 Z-96-051 609 41~ ~a 603 F~ - 14 k) a s,■ J , ,406 - ' tool 1807 - - MCKINNEY l FMAZ6 - 1460 - i I J ll ih ,402 ,4po S I E 1602 i + r 3 _1 I ` \ O 127 I~>t1Y i 109 12 , f y~ 116 i 127 127 _ 200 p ZIJ 67 '~i. YT ~ ni 4 1~I ` x 'T-,T1 7 • : pow"! i:, • • • l rrr.-.-..- rrZ (7 nor fro wow . rrr ftl WEEP 11L - . _ - _ am, mw a ' °mre~4 oriYO1Na V1 PCFANM BL D CK N Q;,a ' ~ ~ - e•ar a~ ! ~ eft'-'ooi. wL'~d-+o:tr N ' f aaYW e w - - S. C oooftal z ~J f loo 1 a L IS "JAclor } I r rare a en" r'a aeaaaa dom AM am r_ a ar - ~r.ww~O ow"K Won ; POOrMM IZ*" O[14QY/l1 Frupom 111■000 L90 U9 -MOK KM r GBVdLOPLYSNT PLAX • Immol e ~ m,,e, w a/Oa[vOr "Aft ADAMSON ADDITION AM 11 or 04 AWN i o soap" u r~ r Womw a JAM ea u w is . s s r eaa a r4 eu, ra riO Lope our Akillila ra L Aww a1M1. Lagaa7 LAM M 0 owl 4w An am" or mm ~ LC r XAYY6T?' INC. ~ f7+CIQ1K A R RJRVrY lRY[YORS Or1i aewePVt M It-tf-nw a Ir r~ 7a7•aala OQaal SDid a Mawr t i Y I w lu uY Y_ '4L Y ~~W 1! ~r r SUP !R 1 72 oil. -40 s SITE GR J' b7 * U(c)' I~ SF-7 i W 32 f 4 • ~y i. l A ,I t Ie i A ; I 77N "'t :L ,1 - • ,J :L 2F I ~ II • 1®~~ I ~ 1 t Ll 1 LI(c) 14 LI (c) i - MF-1 I " ...._.-,w~.W.~.-..._~_~_~_ ~F' 6 yl a(. 1,1`r:: M .~,P~~„y Vf ~ '~iy ~~L,~. • .,.,-~",e.. ~ ~,u. - ~ 7''~ t~•. '.:`IE ~F~~k'~!''~;, y'~~ lit`. 'rr"~:.~i 't ~ra~•''t~~'R~ ~~~"~~i.,t`$'iY: -r~yrwrrrrYYr.~ul+r~wMb "i' '")f'.~n~f'T4 ~e i" • - ..:•,........,.a.....,.+..'.r._..wrn,v.w,a..ln.,-.aa~rarx»:.re4.xres ~Y'W.~LYS.. seuwu:RS:N'nWir.rzwYr. e:,PD'J..Y:esY'W+..'~~'. ENCLOSURE 4 P&Z Minutes URAF r lanuarv 8, 1997 Page 2 Ms. Russell.: All in favor please raise your right hand. Opposed same sign. Approved. (7-0) Mr. Cochran: 1 move we approve the consent agenda. Ms. Gamer: Second. i Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) M. Hold a public hearing and consider a request for a change in zoning from the general retail (GR) zoning district to the Planned Development (PD) zoning classification and approval of the development plan. The 0.4892 acre tract is located on the south side of McKinney Street, approximately 450 feet west of Woodrow [arse. (Z•96-051) Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Ms. Bateman: This tract is a little less than half an acre and it is currently zoned General Retail. It does not have any frontage on a public street and that is the reason for the PD zoning request. The owner is rezoning the property to Planned Development for general retail uses. The owner of the property will have to come back with a detailed plan showing the building layout and the parking layout. Access to the property has been considered by the Commissioner's Court to allow access off of McKinney Street onto the driveway for the County facility. They have preliminarily approved it based on the driveway layout that is shown. The appl'cant is proposing to replat the property into six lots. This is the only lot being rezoned. Staff sent out three notices, we received one reply in favor and one phone call with no objection. Mr. Powell: Did you notify the gymnasium? f Ms. Bateman: Yes, 1 talked to him on the phone today and he did not have any opposition. Mr. Moreno: Do we know what is going to be done with these lots? • Ms. Bateman: He is replatting it into six lots, the other rive lots will be zoned for General L • • Retail and 1 believe that he is going to sell off the lots for retail use. Mr. Moreno: Is there going to be a problem with the Commissioner's Court granting the JP. • h, s,>?m tea`. ~ ~ r . . • t~. ~d'i .'Fii 1 ~ t i.. Js ' n d~~w ~ rpi ~ ~mk'~' , a~}~ ~^{Jl . r~.~ FF77 ' IYR~Til~ft w t~ s ab#Kq. -L . l.' C • • P&Z Minutes January 8, 1997 Page 3 access easement l Ms. Bateman: It has been t.'trough the Court once already and the app!icant received preliminary approval conditioned on the placement of the driveway on that lot. Final approval from the Commissioner's Court will not come until the applicant shows exactly where that driveway will be placed. Jack Bell is the applicant for this case and he has a buyer for that property. The buyer will have to cxmme back with a detailed plan and at that time show the driveway location and get approval from the Commissioner's Court. Ms. Russell: Would the petitioner care to speak? Mr. Jack Bell: My name is Jack Bell and my address Is 2710 Hardee Field Road. The only reason that we are here today is because this piece does not have any street frontage. The property does have access around the gymnasium with dedicated easements. That in itself will meet the cri:L-da for splitting this lot off. The approach is not required to have this lot platted. I believe there is some question about whether the Commissioner's Court and the : heriff should give us this access, but 1 don't believe that is an issue for this lot. This lot does have proper access through easements. The property will be divided into six lots for small office buildings for attorneys, bail bonds, some food service, and maybe another service station on the comer. Mr. Powell: Are the easements from Woodrow? Mr. Bell: Yes. We were merely gaining another access for this lot. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition? Are there any further comments? We will close the public hearing. Any final comments from staff? Ms. Bateman: Staff recommends approval with the condition that an access easement be granted by the Commissioner's Court off of McKinney. Mr. Powell: 1 don't think we want to put that condidcn on the property since this property r already has an access easement. Mr. Cochran: That is the reason why we would be voting in favor of this if we do, 1k~ • because that exists and to mention it is a condition of why we are allowing it to happen. • • Mr. Svehla: Tbe reason that staff is looking at this condition is because the access is off of Woodrow and you have to go past the gymnasium which might not be clear to someone . .........,1. A , . AF~ P&Z Minutes January 8, 1997 Page 4 trying to get to that lot. The other access is off of E. McKinney and it is about midway between Woodrow and the access to the jail. Again we think that would be a little confusing. We were trying to assure that ingress and egress would be obvious for this lot and the best way to do that would be off of the main entrance to the jail. Mr. Powell: I understand what you are saying. If we gave them approval without that condition it wouldn't stop them from having the other access. There are a lot of conditions to this property that are not obvious. There is about a fifteen foot easement that t`e second easement would cross and it is owned by the county and maintained by jail trustees. The sheriff is not sure that the Commissioner's Court understands that it is maintained by the trustees. The sheriff is not sure that they understand the realities of putting jail trustees along there when you have a bond office up there. I don't want to deny Mr. Bell this zoning but 1 would not want to hinge it on this access easement. I am not sure that the city understands the traffic problems on that driveway now without the new courthouse or this access easement. Ms. Bateman: If the applicant chose to take that front lot and this lot, he could put a bail bond office on those lots. Mr. Powell: Yes, but then we could run a fence along there. Once that easement is granted then we cannot put up a fence. That strip runs along the east side of the main drive to the jail. I move we recommend approval of Z-96-OSI. Mr. Jones: Second. Mr. Cochran: Mr. Bell, do you have an opinion about this condition? Mr. Bell: We do have the minutes from the Commissioner's Court where this easement was granted and 1 don't know if they can revoke that. i bought the property before I asked about the easement and 1 had that lot sold before I bought the property. • j Ms. Schertz: Does this have to go before the Commissioners' Court again? i ; Mr. Bell: Yes, when the buyer makes his final detailed plan he will have to go back before the Commissioner's Court for final approval. • ! Mr. Salmon: 1 might be able to clarify this. When we tell people to do a PD because they L • • J don't have public street access, they are required to have access to a private street. We do have specific standards for private streets. You can't just plat a lot off of some parking lot and have an access easement and count that as a private street. Private streets have to f i Ao. ♦ i"'.,,, jY.'.,f f u ' ,P .)Tn. bit :.4 ~ 6 Zia- i .r ~ w s e. .w.....-........ ......,u.v ..r ...h.r.r.c s?a was m...ncs...`._....w.rr:..yLi~ar...-.~cr. P&Z Minutes January 8, 1997 Page 5 be built to some standard. When we were originally working with Mr. Bell during the DRC process we didn't have any information on the condition of the access easement. 1 don't know if that access easement meets the standards for a private street. It appears that it is wide enough. It is twenty-four feet and it does have some head in parking off of it. Private streets are only allowed to have so mtxh head in parking. We aren't a hundred percent sure that if you followed our ordinance requirements for a private street that the access easement would qualify. I do know if they had access off of the jail driveway it would meet that private street requirements. That is why that condition is in there. Ms. Russell: Any further discussion? Mr. Powell: I would like to point out that Mr. Bell already has the access easement from Woodrow and he also has the access from the jail driveway. Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (6-1) Mr. Cochran opposed. IV. Hold a public hearing and consider a request for a Specific Use Permit (SUP) for a fraternity on 0.75 acres in the General Retail (GR) zoning district. The subject property is located on the southwest corner of the intersection of Oak and Fry Streets. (Z-96-052) Ms. Russell opened the public hearing. Mr. Reeves: This is a request for a specific use permit for the Delta Lodge. The subject property has been in the General Retail district since the 1969 zoning map. We sent out notices and we received two in favor and two in opposition. The percentage of property opposed is over forty-five percent. I have had continuing conversation with the Nebraska Book Company and they may end up withdrawing their opposition in which case the percentage will be six percent. There are seven criteria that must be met in order to grant a specific use permit and they are listed in your backup. Staff is recommending approval • of this. At the time of preparation of the staff report there was going to be a fence located along the south and west property line. We recommend do you include that fence in your recommendation. Ms. Russell: Would the petitioner care to speak? • Mr. Todd Kaasted: I am a nineteen year resident of Denton. The property is owned by • • the national chapter. There has been a complete reworking of the parking of the property. i We have sought to understand the process and if the SUP is granted the former concerns concerning the property have been addressed and it will be built as a fraternity house. We . ~+'Y11.wrw ~y `r71.{a P-W t s Far r1~1 i?~, s }s.i v _'..L ..r r.W v,. ~...,:.,.r o- xv,rrr n....r.+.~w.n•.nrkr.~.w'~r..•w.r FROM* 0EN10/4_Cjjt R170SHEY FRM Mr B1-IS-f7 11a31R P.l2 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DtaIOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DEVELOPMENT PLAN FOR A .4842 ACRE TRACT LOCATED ON THE SOUTH SIDE OF MCKIHNEY STREET, FOUR HUNDRED FIFTY (450) FEET WEST OF WOODROW LANE; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Jack sell initiated a change in zoning by applying for approval of a detail plan for a .4642 acre tract of land from the General Retail (GR) zoning district classification and use designation to the Planned Development (PD) zoning district classification and use designation; and WHEREAS, on January 8, 1997, the Planning and Zoning Commission recosmanded approval of the change from the General Retail (GR) zoning district and use classification to the Planned Development (PD) zoning district and use classification; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the zoning district classification and use doignation of the .4992 acres of land described in Exhibit A is changed from the General Retail (GR) toning district classification and use designation to the Planned Development (PD) zoning district classification and use designation by adopting the development plan, attached hereto and incorporated herein as Exhibit B for all purposes, in accordance with the comprehensive zoning ordinance of the city of Denton, Texao. SECTION IT, All uses permitted In the General Retail (GR) zoning district, as stated in Section 35-17 of chapter 75, Zoning Ordinance, will be permitted uses in the Planned Development District. SECTION III. That the City's official zoning map is hereby amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this y • ordinance shall, upon conviction, be fined a sum not exceeding $20000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. rY • • x1n r .u..r_.1.....w.v....ntin....«w..r...~.._,_......_........__,~.~r~.._.~..:r.:..~:iwrn.~..:w....~~.rr. - .n.~..n:~r..ar SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 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 , 1997. r i JACK MILLER, MAYOR k { ATTLST. JENNIFER WALTERS, CITY SECRETARY i 1 BY: APPROVED AS TO LEGAL FORM2 HERBERT L. PROUTY, CITY ATTORNEY BY: I r~ r yi i ~ a r ` r 1/ IL I n i c ~ i 1y Mt 1~';"N 41;J''yf`'f0. 9yT~ r -y dv 1 S • '"i-, NT' r:, w'.C:'.r i J'. t k . xl > , 1 111., ' xf fw` 'I In .P•'° ' + 4i x/' ' R t Exhibit A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JONATHAN BLOCK SURVEY, ABSTRACT NUMBER 55, CITY AND COUNTY OF DENTON, TEXAS, BEING A PART OF LOT IA, BLOCK 1 OF ADKISSON ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, AS RECORDED IN CABINET L, PAGE 193, PLAT RECORDS OF DENTON COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT IA, BLOCK 1, AN INNER EL CORNER OF LOT 1C, BLOCK 1, ADKISSON ADDITON, AN ADDITION TO THE CITY OF DENTON# TEXAS, AS RECORDED IN CABINET D, PACE 187, PLAT RECORDS OF DENTON COUNTY, TEXAS, AN IRON PIN FOUND FOR CORNER; THENCE NORTH 01 DEGREES 34 MINUTES 27 SECONDS EAST ALONG THE WEST BOUNDARY LINE OF SAID LOT IA AND THE MOST NORTHERN EAST BOUNDARY LINE OF SAID LOT 1C A DISTANCE OF 131.51 FEET TO AN IRON PIN SET FOR CORNER, I r THENCE SOUTH 88 DEGREES 25 MINUTES 33 SECONDS EAST ACROSS SAID LOT IA A DISTANCE OF 154.38 FEET TO AN IRON PIN FOUND FOR CORNER AT THE NORTHWEST CORNER OF LOT 1B, BLOCK i OF SAID ADKISSON ADDITION; THENCE SOUTH 02 DECREES 34 MINUTES 48 SECONDS WEST ALONG THE WESTERN EAST BOUNDARY LINE OF SAID LOT IA AND THE WEST BOUNDARY LINE OF SAID LOT IS A DISTIANCE OF 140.79 FEET TO AN IRON PIN i FOUND FOR CORNER AT THE SOUTHWEST CORNER OF SAID LOT IS IN A NORTH BOUNDARY LINE OF SAID LOT 1C; THENCE NORTH 87 DEGREES 11 MINUTES 55 SECONDS WEST ALONG THE WESTERN SOUTH BOUNDARY LINE OF SAID LOT IA AND A NORTH BOUNDARY LINE OF SAID LOT 1C A DISTANCE OF 151.95 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4892 ACRE OF LAND. 5 r r I • ` ~i JJ yy e} ~ 7 y r 9 + - ' J 3 t H X ♦ J' i 1v ~ k~. a8~ f ~ Yk~'~ n~C Cf..( f r- n ry YA I= Jx ir. + , M .Sff.' F r vow ! g~9 car rc ! t~ lvv,J BL CK s r r °`tiff? 1 r ! ~ - - - r rrr _ rr ! 1 _ t ! r~oruxa iwo MW - COOK Kua DRWLOPMSNT PLAN • ma,M~ AD1t7SSON ADDITION '.'L'r'~.~0° I iwr r w ti A `J s. as . s r u. ois +s ip, rat A urnto~ M McM" I & L AM IS4 AA lMrAW/1! A M~ F OMW. NOW M M AM M!► If/ . Ml / MII/ .1rOI ue f . M 1W/ r. rRolem + SURVEYORS n ' wa MNpr4 ~r tr nw n r NOW twin XP-.w mxw a N . .:.xyr.'..Se~»..w.z:v.-i.v....,. _~..,_._.,.~~w..w.,,,,..a,..~.,,.,.~.....sn e.lt . --+.+i~.are~al+wW.~►'aiaAgenda No. 7 ran AgendaIte ILQ Date CITY OF DENTON, TEXAS CaYH&L WEST 221 N. ELY " DENTCK TEXAS 76201 (81 ~ 566,69b0 , DFW METRO W20 Anning and Development Doparfinenf MEMORANDUM TO: City Council FROM: Walter E. Reeves, Jr., AICP, Urban Planner DATE: January 21, 1997 SUBJECT: Update of Z-96-036 As the Councli will recatl, it postponed oonsideration of this case after dosing the Public hearing at its January 7, 1997, regular meeting. Mr. Hersman was Instructed to meet with the neighborhood and try to find a solution to the opposing positions of this case. Mr. Hersman held a meeting on January 15, 1997. A3 a result of that meeting, Mr. Hersman has revised his request as follows: 1. The proposed Planned Devalopment area will remain a planned development, but the minimum lot size will increase to 6,000 square feet. 2. The proposed Office Conditioned area will go from 04.4 acres to 0.7 acres, with a reduction In square footage from 52,000 square feet to 8,263 square feet, 3. The former 3.7 (4.4 - 0.7) acres of proposed Office Conditioned will beoome Single Family 10 Conditioned (SF-10[c)). 4. Some of the SF-7(c) acreage around the two western cul-de-sacs would become SF- 10(c). As a result, there are adjustments that need to be made to the Analysis Table regarding this request. 1. With the changes outlined above, the proposed Intensity of this project becomes 6,025 Intensity trips determined on the basis of method 2 In the Planning and Zoning Commission Report of January 7, 1997, which had an Intensity analysis of 6,728 Intensity trips. 76 PD lots X 10 tripslunit = 760 Intensity trips 4106 acre O(c) from Z-93.10 - 825 Intensity trips 0.7 acres 0(c) 8,263 square feet/1,000 X 151/d/ga = 124 Intensity trips y 65.7 acres SF-7(c) X 42 Vd/ga = 2.759 Intensity trips 51.9 acres SF-10(c) X 30 t(dtga - 1,557 Intensity trips 2. The proposed O(c) area would now be consistent with the Concentration Policy of the ' Alan, as the proposed acreage would be 0.7 acres and the Plan maximum Is 3 acres. + "Avdi"vfsdlo Qua~'fy Srnoa" t~.. in'(fl0~G1`,111i,~aik4e~,ans`PPi'.~.` ,,+.~r"sr , • NI-I W MEN DISIANCE KJW KLIA Cl I R L LC LI N 89'50'34" E I&329' CI 45'00'17' N 22'79'Ir w 6214 I" U7.82 114M 5N 89'5931" E 319168' PROPOSED ZOMN13 C2 90'0021" N 00'W'10" Y M 25,10 I96J6 176.79 0 S 00.45111" E 305.98' • C3 4495'.:" N 2229'32" E Me 16101 7851 7654 L4 N 89'4971" E 111317 CI 17'02'41" "66.38'65" V 10812 2" 20527 19936 L5 S 00'20'50" V 1589174' 7B AaN CS W2112r x 671725" E 7812 96600 14000 17968 i Lt N 88'2725" V 464161' C6 22'7358" N 19'3nV E 19153 76100 37810 37516 l7 N 88'2325" V 264851' C7 54'29'34" S 32'4758" E 3NJ2 65800 61828 59516 Le N 019017 V 61447' Cl 071126" S 87'59122" Y 6327 110110 26,37 2629 C9 2312'56" N 78'13'87' E 241 llOlp 405J9 40242 t9 N 06276, Y 2%W t19 N 30'02'15" C 206.79' SouthrWge Estates Phase 1 (x/398) LU x 30'0715" E 31538' i• , _ LW S 59'57'15" E 5048' 1.. ..1 • r - _ _ - LI r _ _ -2.'i L13 S 0528'U" E 35869 ~ ~Z,~6-~~~~'-p~t~~J'{/' L14 N6111M' Y 252.36' 1L31 •~---~_=il~t••r'_- L15 x 01'00'15" Y 197.71• 1 t 1 1.. I ' LM N 01'0915" Y 11177 - - ' L17 N &"30'54" V 21212' I ' II II , LIS N 15.3722" V 36327 _..,--.L .•_l._/ /\\Y A _ 7 frj.} \'~Y' tt9 S 8896'59^ V 436.18' + " j' Il/ / i`\~.•~~ 1 1- 1 I Y •'1^• tt.. tza N 21.1822' v 11372 / + ' , " • i l 1 , 1 I I J ti L21 N ar1929" V 60444' M S 09'4911" V 20655' j I'-.._ rY J~ f1`' 1 4•., { ` ~"1^~ L'~ ` ~~yy,, x~•--127 - 1- 'l 16171 - . L23 x ar1929" V 3099 f f l '+51 • •i t';..~ ' 1{ _ L21 x2'19'21" C S/378 1..... J_..._ Liz I 1 1.+ r I r-~ L25 NIB' M" V In%, . ~ --JI III I I ~•-4A~-.~~I,,iT11a ~...L~J.11.1:.1T~ ; 1 .•-I ' Lx N 259299' V 9aa2' , , c • ' l1 L. J Ih 1 s _ L22 N 09'50'25" E 30.00' ' 1-I III I C ~f , L21 x ar09'35" V 510.4' l 1. ti _LI J~ I- L29 N 4599'59' Y Saar l 4.. .'CB t r~1lT+,,''" i~~ ~y - L30 S 611317" V 4651 Milt LM S 32 S 468950'71" V IOW00' _..;4L' '1k~.~ T 1.177.J _l.,` L 171 "52'02.11" Y 21844' f-7 J. ll9 - L74 N 009926" V 1019 •I •I~''~ME- -fir1, • L75 S 09'50.74• V 21617 1_- 6 N 8827'25" Y 26359 f. _ _ _ _ ~-_iU1~~:[J1 LLB-C L'1-.~ iTI tT PROPOSED ZONR10 L Lj~ IIU. L._ OFFICE (CONDMONED) L7 l6 07 A" ZONING EXHIBIT • for 07 IN 773944" Y 10657 Wind River Estates 179 8 Irw3l 9',991 L39 W49" " V Y 64850' 6" y~ 188.0 Acres L40 25'21'41" V 119.99' G 0.r A COIlSII1tA~t8 81 ftE 111 769T/6" V 321.17 f W"• B. LEWIS SLiVEY, ABSTRACT NO. 769 L42 MY V 3" >Q KAMM 10 o NATINO JOHN MCGOWAN SURVEY, ABSTRACT NO. 797 U7 66'36'3Y E 43510 C m Bl /0/197 PA INNION • LAIN61BI T411119119A S.F. REYNOLDS SURVEY, ABSTRACT N0. 1654 L44 89'47-0" E MW FDMP.A*W -047 LANDRaVaM M.E.P. Q P.R R CO. SURVEY, ABSTRACT NO. 960 /17/91 11/rOTXNNN90. F1107~117lRI J. FISHER SURVEY, ABSTRACT N0. 421 CITY OF DENTON SY: LC. DAZE: 10 107190 SCALE- 10-500' .108. No DENTON COUNTY, TEXAS 96249 - 31 • C" OF DENMN, TEXA$ CnY HAU WEST • 221 X ELM 0ENT04 TEMS 76201 • (817) 5668350 • DFW AfETAO 0-M Planning and DevApment Department MEMORANDUM TO: City Council FROM: Walter E. Reeves, Jr., A'CP, Urban Planner DATE: January 10, 1997 ' SUBJECT: Proposed use of Office Conditioned district for Z•96-36 Several questions were raised at the Council's January 7, 1997, meeting regarding !'+e type of 'uses" permitted in the Office Conditioned district in Case Z-96-036. I will attempt to clarify the "uses' proposed for this district. Chapter 35, Article III, Division 5. Conditioned Zoning District, permits and describes the purpose, general provisions, and conditions and restrictions for conditioned zoning districts. This division allows the Council (as the ultimate decision making bodyl to impose conditions and restrictions on the use of land and buildings when approving a change in zoning district classification when necessary to mitigate adverse impacts or incompatibilities of land uses which might otherwise result at a specific site. What this means is that the Council can impose additional conditions or restrictions to a change in zoning district classification beyond those already existing in the proposed district, to mitigate adverse impacts or incompatibilities that might otherwise result. For example, an application is made for a change In zoning districts from Neighborhood Service to Commercial. Each district has its own particular set of requirements (uses, setbacks, lot sizes, etc.), The Council may impose additional conditions or restrictions to a particular request, but cannot lessen those requirements already in existence. So in the example, the Council could reduce the list of permitted uses for the proposed Commercial district, but could not expand that list of permitted I • uses. Section 35-122(c) addresses that issue and reads as follows: i (c) This division does not (emphasis added) authorize a land use which is not a permitted use in a zoning district and no requirement of any ordinance shall be waived or made less strict through the application of this division. The council may prohibit a land use otherwise permitted in a zoning district 0 necessary to • insure compatibility of land uses. • The proposed Office Conditioned district for Z-96.36 started with a list of permitted uses that included all the permitted (and SUP uses) in the Office zoning district. One of the listed permitted uses (found in the list of permitted uses In the -zoning , Dadicvfsd to Qualify aServiK" s k ,~W A~ ~ is ~ *R ~ »1~~Y ♦ 4~•+;d~.rr ,~rrM'ti~ • ^ 4 ~ ' • • AA r ordinance) is Offices, Professional and Administrative. That is the only permitted use in this proposed Office Conditioned aislrict. The following are all the uses normally available in the Office zoning district, which are not permitted in this proposed Office Conditioned district: One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Church or Rectory College or University or Private School Community Center (public) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (general acute care) Hospital (chronic care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Horne or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Accessory Building Community Center (private) Electrical Substation Electrical Transmission Line Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Remote Parking • Sewage Pumping Station Private Swimming Pool Telephone, Business Office Telephone Line & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (private) with Golf Course • Public Golf Course • • Public Park or Playground l Public Play Field or Stadium l Swim or Tennis Club Railroad Track or Right-of-Way + f l aa~ r • f Fit S Y ti d , ~,.•„~~'It r w My35t ~ 1i,~"4i ra`~ ~ ~ Irk.'11T ar i'.1 , a r ~r y aJ + l~n '4 ^ 'J'.y f sr _.b.. 'ti Jt7 l f~, vi Studio for Photographer, Musician, Artist or Health Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Cemetery or Mausoleum Fraternity, Sorority, Lodge or Civic Club Home for care of Alcoholic, Narcotic or Psychiatric Patients ` Public Building, Shop, Yard of Local, State, Federal Government Radio and/or Television Microwave Tower ! Water Treatment Plant j Airport Landing Field or Heliport Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant Scientific or Research Laboratories g Typical examples of Offices, Professional and Administrative would include medical { offices, attorneys offices, accountant offices, real estate offices, etc. Animal Clinics or Hospitals would not be a permitted use. A beauty salon, nail salon, barber, etc., K ` would be considered a Custom Personal Service Shop (from table of permitted uses In „ the zoning ordinance), and would not be permitted In this proposed district. r cc: file Mr. Jackie Doyle, Building Official -i f+ i 4 i. so I r ~1 ~a ~ I + TJ ` # rr~,~~.+~N:.~ a w v _ e rt.. .a.: ~ "~S al t'x .~S a $M x,~. ~ s c L i- n ~tiy 1 i. v I h d r < ^ 1' ' t' n ri . r z I Y y I' 1, F , 1 y + . t r _ l % J' t S J t '.JJ~ l kl I t~ a L .1~ ' r f ° ,Y?.i.~.'.+.~.~trU•S.sJ~du"y fvY.'S'.~iEr.f ~~L Agenda No. Agenda Item Date //G+ 1197 r f s~ , 1 CITY OF DENTONi TEXAS MUNICIPAL BUILDING DENTON TEXAS 76201 TELEPHONE (817)588-8307 y' a OffMe of the afy AUmpor ~ ~r3 X t any t 1 MEMORANDUM µ r TO: Ted Benavides, City Manager ~,F r FROM: Rick Svehla, Deputy City Manager g DATE: January 17, 1997 L suwEc r: Ordinances for Jake Hersman Zoning Case i , 1 Attached are two ordinances. The original ordinance is what the Council considered on January 7 1997. The second ordm'ar►ce reflects the changes that Mr. Hersman is proposing on '►8 based o the neighborhood meeting he held WednesdaYJaHoary, 115, 1997. ~ hf~ t Rick Svehla ` r Deputy City Manager z rr RS:ct AMMOD97B yr> ~ ~~a a `i Attachments nt iA. ~'1 r ,Dedkmed to Quwlty Smd"n Y ':4 ' ]T. 4 t !.+140 ppr r.' r iiiiiiijillillil 11 Y ,IA v A,~w.l.,.,'...:;..,W .:.r... r•-:r.T wear.w;are ra-aspses.r~scurYYrsd:'k2NSi✓,'. '<'~AGtitffilIL'i .N.44SkklY.k74' +r Z-96-036b ORDINANCE NO. (ORIGINAL) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FOR 136 ACRES OF LAND LOCATED ON THE EAST SIDE OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (DEC]), SINGLE FAMILY 7 CONDITIONED (SF-7[c]), SINGLE FAMILY 10 CONDITIONED (SF-10[c]), AND PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; APPROVING A DETAILED PLAN FOR THE PLANNED DEVELOPMENT THEREIN LOCATED; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jake Hersman, on behalf of Hersman Development corporation, owner of the subject property, initiated a change in zoning for 136 acres from the Single Family 16 (SF-16) zoning district classification and use designation to the Office Condi- tioned (O[c]), Single-Family 7 Conditioned (SF-7[c]), Single- Family 10 Conditioned (SF-10(c)), and Planned Development (PD) zoning district classifications and use designations, and submit- ted a proposed detailed plan for the area requested for planned development; and WHEREAS, on December 4, 1996, the Planning and Zoning Commission recommended approval of the requested changes in zoning and submitted detailed plan, and WHEREAS, the City Council finds that this change in zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of 4.4 acres of land described by Exhibit A, attached hereto, and incorporated by reference herein, is hereby changed from the Single-Family 16 (SF-16) zoning district classification and use designation to an office Conditioned (0(c]) zoning district classification and use designation under the comprehen- sive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That the only permitted use is offices, Profes- sional and Administrative. 2. That the total floor area for all buildings con- structed on the 4.4 acres shall not exceed 52,000 , square feet. 3. That no loading docks shall be permitted. i~ . • .r .MfA:/rR7.'AY'T.NV'N a i'>*0&IUW'oUVq 20W, I 4. That the front exterior walls of all buildings shall be constructed of not less than loot brick or brick veneer, with 704 brick or brick veneer on all remaining exterior walls of each building. 5. That no "off-premise" signs (aa defined by Section 33-2 of the Code of ordinances of the City of Denton, or its successor) shall be permitted. 6. That no direct off-site lighting shall be permit- ted. 7. A "bufferyard" measuring fifteen feet (151) wide, and comprising four (4) canopy and eight (B) understory trees per each one hundred linear feet (1001), shall be installed along the property line(s) of the 4.4 acres abutting residential lots. B. That the maximum building height shall be 35 feet. 9. No individual building may exceed 7,500 square feet. 10. All buildings must have pitched roofs, and no roof surface may have a slope of less than 30t. 11. In addition to any streetyard landscaping required by the Landscaping, Screening, and Tree Preserva- tion Ordinance, the owner of the property shall plant, as necessary, and maintain one additional tree per every 50 feet of frontage along Lillian Miller Parkway. 12. The owner shall not designate or authorize any area for parking within the front yard setback of any building along Lillian Miller Parkway. SECTION II. That the zoning district classification and use designation of 69.3 acres of land described by Exhibit B, at- tached hereto and incorporated by reference herein, is changed from the Single-Family 16 (SF-16) zoning district classification and use designation to a Single-Family 7 Conditioned (SF-7[c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, t - • subject to the following conditionso • • 1. All driveways shall be constructed of concrete. i PAGE 2 s~ ,.r v r:•;:u x n.v,ror.:a wn>ecHau>»::;+xsS.~rra.ifsXC'Xktita'hlTikl4l]A::A:sOrC3J.6YNt#IAGfA~4t~lY7efJ9E~"~'i'Q~91~'d1 1 2. All roof surfaces shall have a minimum 5-foot to 12-foot pitch or slope on the main structure and a minimum 4-foot to 12-foot pitch on the garage or porches. 3. That the minimum air conditioned habitable living area of the main residential structure of each lot as measured to the outside of the exterior walls, but exclusive of porches, garages, patios and detached accessory buildings, shall not be less than 1,600 square feet. 4. That the total exterior wall area of the front of each building, including the first and second floor of each two-story building constructed or placed on a lot, shall be 1001 brick, brick ve- neer, stone, stone veneer, or masonry, and the exterior wall area of all other exterior walls on the first floor of each building constructed on a lot shall be a minimum of 80% brick, brick veneer, stone, atone veneer, or masonry. 5. Each residence shall have a private garage suit- able for parking not less than two (2), but not more than four (4) standard-sized automobiles. Each garage shall be attached to the residence and shall conform in appearance, design, and material to the main residence. SECTION III. That the zoning district classification and use designation of the 44.1 acres of land described by Exhibits C D, of the subject 136 acres, is changed from the Single Family 16 (SF-16) zoning district classification and use designation to a Single Family 10 conditioned (SF-10(c)) zoning district classi- fication and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: • 1. All driveways shall be constructed of concrete. 2. All roof surfaces shall have a minimum 5-foot to 12-foot pitch or slope on the main structure and a minimum 4-foot to 12-foot pitch on the garage or ' porches. • y 3. That the minimum air conditioned habitable living ( • • area of the main residential structure of each lot as measured to the outside of the exterior walls, but exclusive of porches, garages, patios and PAGE 3 t: 0 lime . . .r.:'a. <_n. ~ ra.....rv.mr.r.vr:p:1K..n vad,s.aSaitYV+IK.+ua<1~:ctMw:9['S/M 4%F'K~Q+44'Cl:Y1'1LL' detached accessory buildings, shall not be less than 1,800 square feet. 4. That the total exterior wall area of the front of each building, including the first and second floor of each two-story building constructed or placed on a lot, shall be look brick, brick ve- neer, veneer, or masonry, and the exterior wall area of all other exterior walla on the first floor of each building constructed on a lot shall be a minimum of Sot brick, brick veneer, stone, atone veneer, or masonry. 5. Each residence shall have a private garage suit- able for parking not less than two (2), but not more than four (4) standard-sized automobiles. Each garage shall be attached to the residence and shall conform in appearance, design, and material to the main residence. SECTION Iy. That the zoning district classification and use designation of the 18.3 acres of land described by Exhibit E, attached hereto and incorporated by reference herein, is hereby changed from the Single-Family 16 (SF-16) zoning district classi- fication and use designation to a Planned Development (PD) zoning district classification and use designation under the comprehen- sive zoning ordinance of the City of Denton, Texas, and the de- tailed plan of the described 18.3 acres, attached hereto as Exhibit F, is hereby approved and adopted under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following additional conditions, imposed pursuant to 535-155 of the Code of ordinances of the City of Denton, Texas: 1. -All driveways shall be constructed of concrete. 2. All roof surfaces shall have a minimum 5-foot to 12-foot pitch or slope on the main structure and a { minimum 4-foot to 12-foot pitch on the garage or porches. 3. That the minimum air conditioned habitable living y I area of the main residential structure of each lot Y I as measured to the outside of the exterior walls, but exclusive of porches, garages, patios and detached accessory buildings, shall not be less ti. than 1,450 square feet. 4. That the total exterior wall area of the front of each building, including the first and second floor of each two-story building constructed or PAGE 4 aglow w MOW 4"' Y ♦ f 'y Y 1 , i I . F l' y n1 a ..::L~..iYYd'tl1Aa1lR%]eiAVNN+II'IAA'Itl?1.11jtW6.*'+IWsPAM,LY.~ p~l placed on a lot, shall be lo0i brick, brick ve- neer, stone, stone veneer, or masonry, and the exterior wall area of all other exterior walls on the first floor of each building constructed on a lot shall be a minimum of 80t brick, brick veneer, 4 stone, stone veneer, or masonry. 5. Each residence shall have a private garage suit- able for parking not less than two (2), but not more than four (4) standard-sized automobiles. Each garage shall be attached to the residence and shall conform in appearance, design, and material to the main residents. SECTION V. That the City's official zoning map is amended to show the change in zoning district classification. SECTION VI. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VIII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordi- nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED, this the day of , 1997. JACK MILLER, MAYOR ' r r I ror y ATTEST: JENNIFER WATERS, CITY SECRETARY ~ I I BY APPROVED AS TO LEGAL FORMi V ` HERBERT L. PROUTY,`CIT ATTORNEY ? • BY PAGE 5 t. ~ i? r; ~i j~:+ f~ i 3.. ~ f,.y , F a k~j'J".y„~. 4 r$~' ~'+Ji+_+.~ • i ~ 4 Y n', t q+r'*` ~ fail, 7, Pat _ilj r •4w l~tC. n„ J i ,-r ~.tx ~S'~tllf ~~~Ye~i',~~;'j~~~y~9t'.yf`x}♦~qi~}act Y§~~r'', t s v i ' . 5 y.[• £5 §5} 1 Y S 3h"'T,f~f'a.. 5~32'C { , r r .v. 4' ' J n. ! ' ~-.s '~w } 3.K Y r' ln•'~yiw t ,r , l Y ~ ~ y 1 4 Y 4i , t r 7~ L . a.v..-.....•.x YlmttlS4~/a~lr]111ra~6d.VaRU.1~wYEw~IN'~411Y'lltai ` ATTACHMENT EXHIBIT A t FI ELD N OTES 1 brie (Corditloned) °k{ 4.4 Acre S ' { Being all drat eruln lot, trod or prod of lad ellueled in Use font McGowan Survey. Abetted Number 797, Do S. F. "di Survey, Abstract Number 1654, the B. [ ia Survey, Abslnd 1 Number 769, the M. L P. k P. Rll Co. Survey, Abend Number 950, and the 1. Fisher Survey, i Abstract Number 421. City of Dmloq Denton Counly. Toau bring Part of a certain caned 140,6925 aen Ind or lord dexrW So a deed to Nrsmae Development Corporation (Hetwon) recorded tn Volume 3453, Page 147 of the Ral Properly Records of Denton County. Inn, and ' ! bdns more psrtiaerly dnr9md n ronows: h 8EG W N WG at a point on the wort Gne of sold Hraan trace. raid pain! bdmas thong 68)e- or-way Hne of A n idler Parkway (60 foot KO.W.1 sod Dom w" point a I R' nbu found t at the northwest corner of aid Herrman trod ban N 30'071 V & 63.01 feet; t t q THENCE S 60'0I'49' & 162,04 feet to a paint; ' THENCE S 14-49'05'W. 147.17 fed to o poirw. TH ENCE S 42'22'56' W.292.00109 to 9 point 1 TH ENCE S 10'077Y W, 136.77 feel to a pour; THENCE S 06'55'42' W, 140.97 fed too point; TH ENCE S 01'0015' t:, 19o 17 rat io s poke; THENCE N 66'7375' W.150.00 fat to a point on the east d&-Df wey One of Lilian Mdkr Parkway and on Uhl wem One oruW Neraran tad, seW point being in a curve to the right; THENCE Northasterly, condwrtg olm the oral 6SM4 way One of LAHan MinorParkway i • ' and the west One of add Hamm trod and with the are of sold our" Mvkrg a radius o(960.00 feet, a m*&! rye of 3 S'0726', w4roso chord ban N 14'3039' Q 513.76 felt, an in length of $20. 10 fat to a point; , r~ THENCE N 30'071 S' I, 465,99 role, eordinuing along the art ri k or-wey Eta of Won MIDer Parkway and the west am orWd Heranan trod to the POINT OF BEG W N W O and a 4t r r 1 corrtairdng approstnrlely 4.4 etta of lord. ~ s Sr ~ LL~[rl~M 1rt r • ~tl,"•'~Yl 'E ~1111'"~YYYY Y t, f t.{ { , RECEIVED Nov ~t ass I r, PUI6gA0 g Olffl PNEHr t ° a OEPAIIIA~IIf ryptq ~t ~ s v i t §Nn ' 4 .v t 1 SA } t +1 S µ ° a, yam, ~ n ; 1 k j' f,'~. ~ti n~~'i.~a~,c~•~~ ~ 'n- C" G' 1' for 'F+', ..:._:~ra~lu.x'vex✓nnaawr.!ibv:A.CW,r~er.Ya,Wrw«G "W."M'Oarra^SrCilVCB^+N'11Ya9 p@difa `-:1 ' ATTACHMENT EXHIBIT B FIELD NO7tS a SF-7 I i 693 Aria 1 Bring all that catdn K trod or percd of lead eitusted In the Jde McG"m Sunray. Ahdnd Number M. IM S. F. Rgwkh Survey, Abonod Mier" 1651, the B. Lewk Survey, Abated Number 769. the ht E. P. dt P. RR. Co. Survey. Abstract Number 950, and the J. Fbhx Survey. Abstract Number 421. Cdy of DadcA Dontoo Cooly. Taw, baby PIrt of I owWfi aged t40.wt$ we trod of hurl da m-W in a deed to Hawat Development Cwponial (Haarwi) recorded in voka w 74s). Pegs 147 of the w Property Records or Dorton county, Tune, and baiag more pardadarly described a Hows: BEGINN 1NG at a 1/J• reber fbrud at the northwest o mw of said Her=" track DOW Print beint; he southwest sl owner o a rs Fm of LUm miller Parkway Edges. Pless 1, an W6doo ` wO the Chy of odooms also t Coudy, Tow, Iooorduy to IN plat !been recorded In CAW K PW 391 o(he Ptst Roco(de of Dorton Caudy, Taw TNENCa N i9' Ss734' $ 216. i7 fat alorrtt the north irre of aW Hanmus trod and the aossth fine orsowavidga Edda to a point THENCE S 00'0946• $ 10.11 feel to o pobd; Ter aNCa s s2'OY4P $ 211.14 feet to a pobd; THENCE N 19'50'74' E, 1060.00 fed to a pok cro twure of a nave to the .yid: TH ENCE Sout wAviy, wMh the arc oraW curve having a radme of 250.00 fad, a cmull w& of 47.02'44•, w boa chord bean S 66.InS' $ 190,66 Pool, n va kVh of 205.27 Pod to a tam THENCE N 46's)'t7' $ 19).17 fat to j point: THamcc N 61's79 T E, 46.57 Pod to I poid V ■ nave to the kk THENCE Swthesdviyr w.'th the are of aW arve having a Arita of 125.00 fed a cadnl settle of 90'00'21', whoee drord been s 00'0440' E,176.79 Post, sa are kegth of 19636 fat to ■ Pte: TH ENCE S 45'Q9rSO' $ 50.00 feat to the pobd of ar aWn o( a awe to the right; THENCE Sosdheatlaly, wit► the we oraW ax" brie{ a to" of 150.00 Poet, a oewsl rsttla I 01F43.00' I S•, wbm eland ben S 22'7443' E,114.12 that, an arc k%6 of 117,32 Pod to a Pte. ; THENCE S 00'0973' $ s 1.74 Pod to I point; THENCE S 1965025' W, 70,00 fat to a p"- THENCE S 25'32'00' E. 90.02 Pod to a poid ' THENCE S 13'61'12' E, 120,96 fcd to I Paid t ` 1 THENCE S 12'442 i' W. 141.73 fea to s paid; Pop2of7 RECEIVED I Uc t6 E56 JUN" 6 oEVElOFh NT h w v ! f.. ` a 1 * i r }t $ ~ ti i,~ f~ 4 irii ..Y<' f-6 1 g ?g y,.s F ~ si, p r 1 • > r, V"y~ k .f~'.e ~r + .t i4 y` 5 A- It i 1 t k "SN . ..ov YtVKg3riE4p'MMYIYL1fIfw~~f.Y MY•n i_ ~~aeltiia~f~Tel lra'11~e'ra'~af~~Allna~l~eeat7~~i1 1 ATTACHMENT EXHIBIT B THENCE S 00' 1029' I; 30.00 fed 10 a poor; THENCE S 19'49'3 V W. 481.11 Net to N a point of oxvswm of a ox" to tM kill; THENCE Southweatady, with the arc of utd aim hwiq a team of 1000.00 Net, a odral 0 0 of 23' I2%', whoa dhord ben 3 78413V3" W, 402.42 fiat, an arc harph 9(405. 19 feet ! toapod; 711ENCE S 66'367 S. W. 435.00 fed to a pdd; THENCZ S 2302373' $ 340.09 feet to a pour; THENCE N 119'49'3 i' $ 99639 fed to a pole; - TRUCES 16.16`59' E, 108.98 fed to a paid; TRUCE S 64'3026' 6,142.90 rm to a pod; Z THENCE S 11•13 V$ 242.36 fed to a pair; ~ f fti . 1 THENCE N 88'06'39' K 436.16 fad to a poiF4 + 1 THENCE S 15.35'22' E, 36333 Pod to a W ft Point on the south Irre of add Ilerarre trail, aid north rm of a *Ptak ford POW beure ad of lyd deaalbed In a dad to Lrta Cott a V . recorded bt Vokwta 1152. Pap 461 of the Dad Pfaoade of Deatoe Comely, Teaar, TH ENCE N 86.23'33' W MxorO, 214834 Nat We% the aotrh In of aW F wmu tad aed the honk fm of raid Cott trod to a poid; THENCE N 01'00'15' W, 100130 fed to a poll; THENCE N 06055'42' E, 140.97 Nd to a paid; ,THENCE N 10'07'33' A 136.77 Gil to a pon0 THENCE N 428 ZT56' B 29200 Nat to a poK TH ENCE N 14-490- E,143.17 Nat to a point; THENCE N 60'03'49' W,18204 Nd to a pod oa the ewl r &-4wq W of L w Mw x , Parkway, THENCE N 30'071 S' $13.01 Am abrt8 the art rt8kl-0f war Ia of L m Mow Parkwq to w~ the PO64T OF BEGINNING and oodawq ppnwwmdy 69.3 ma of trod ~;~G 1 Y 1 i IhW 4µ i yPy Y `~e ~ • o ~ Pya3of3 ~C 9 r. 1 y 1 a , w r r Yf ' ~ s3~,4 ;'"1.• :h , ~''G~ ~ t ~tis4•" V, RL >.a.:..:ra^rK.vy',K.w ksewn+.rium+.+.~...+mwr'etrgi~+Nagdivaanhd4tX. ATTACHMENT EXHIBIT C FIELD NOTiS SF-10 / 5.2 A" Bang >0 thq ceAai kl, art a perod of laid aisuued i the idr MoOowut Survey, Abdrad Number 797. the S. F. 6leyeolde Surrey, Abrtnd Nuaiba 1654, the B, Lewb Survey, Abetted } Number 769, the ht 8 P. A P. AX Ca Survey, Abetted Me" M. NW the 1.14ebr &nW. AbKnd Nw" 421. City of Dw:*% Dees i Cwety, Tnuu, bang Put of a caAai cdW i 140.692 S am trail of knd I p I ad In a deed 10 6IN x a Dereloprnd CaPorrba (Nrwrn) txorded M Vohs 3453, Poe 447 of the Aed hop" Ilocotde of Dedoa Couery. Tease, and barrg more partku" dwWW a hgowc HECINWO at is paid on IM earth gee of Wd Hrww tsd, goo w" a in" r*w fund 9 r' the aorthtwd saver 4 - - bare S 19.5074' W, 216.17 het; THENCE N 19.50`34• $1617.16 fed slog 1M earth iee of eeW Itararra treat to a poll M a t ouve to the right; 1 1 THENCE Southwederfy. wish tM are of Wd orNe MrMg a ra" of 100.00 !bilks aw" aryls of 44'59'36', whow chord ban S 22'2072' W, 76.54 hd al, ue length of 71.54 feet to a Point; IIIENCE S 61'33'17' w, 46.37 het to a po;tt IBUXZ S 46'531ir w, 193.17 het toa point i a am b tM kA; THXNCE Nortb+ralarly, wife tM are of aid cur" WAV a"a of 230.00 feel, a oo*4 w& o(47 W44-, whoa chard bears N 66'36'05' W, 19931 het, so are 110A of 20 -2 7 prat so 11 point; THENCE S 19'50'34' W, 1060.00 hd to a pail; TH MIC N $2.014r W,116.44 fad to a poid THENCL N 00'0976' W, 10.11 fed the POWT OP lEO1N141NO wd oadaiiag apprurkTw* 5.2 aara Of hod s 1 hplof2 i RECEIVED [Ec Is 15% -4W4t P' rLOPMEN7 t x ,v HM r' +n: ? ySN ~',.J!' d Mi t :IV Y~ i+rP. rxi}} Y, w;i ice.rw:.5a~~.xr.vc•.rsa:a+i•.ra+zne.+vawesa ~iC+YItM. III I- ATTACHMEN3 EXHIBIT D FIELD NOTES SF-10 38.9 Acres Being all that certain lot, tact or parcel Of" situated In the John McGowan Survey, Abstract Number 791, the S. F. Reynolds Survey, Abstract Number 1634, the B. Lewis Survey, Abstract Number 769, the FL B. P. J: P. R!C Co, Survey. Abstract Number 95% and the). Filly r Survey, Abstract Number 421, city orDerrlon. Donlon County, Texas, being part ors certain called 140.6925 sere tact of land descrrbed in a deed to Herman Development Corporation (Haves) recorded to Volume 3453, Page 841 or the Real Property Records of Denton County, Texas, and being two paXcululy described as follows: BEGINNINC at a If1' rebar found at the northeast corner oraid Herrman trace, said point being D, recorded din lu Volume comer or& certain tract of land 2w. pap 287 orths Real property Record oorDenton County. Teats; THENCE S 00'200' W,1589.74 feel along the east fine of said Herrman tract to a 112' rebar round at the southeast rw w thereof, THENCE N 66'2343' W (Record), 46e.6t fat along the south line orald Herrman tract to a pow: THENCE N 13.35'22' W, 363,25 feel to a point; THENCE S 88'009' W, 438 d S fat to a point THEN CC N 2IN $724 W, 143.72 reef to a point; THEN CE N 00' 10`29' W, 6W ,44 fed to a point; THENCE S 19'4971• W. 206.55 red to it point THEN CE N 00' 10'29" W, 30: Tat to ■ point: THENCE N 12'49'21' K 143.78 red to a point ✓ THENCE N 16's 1' 12' W,120.96 red to s point; THEN CE N 23'32'00" W, 90.02 fed to s point; to a point; [HENCE N 89' 5V25' B, 30.00 (4 THENCE N DO'0975' W, S 1.34'fad to the point of arrwtun of a am to the rA ' THITICL Northwesterly. with them or aid errrw havbv a radius of 130.00 rat, s COW ✓ / angle or45'0V15', whose chord bum N 22039'43' W.114.82 feet, ss are length of 117.12 fed to a point ti • I/ • • THENCE N 43•o9 sD' w, soo9 tad to the point ofaavaturoores arw to the right 'T'HENCE Northeasterly, with the arc of said aaw having a radius of 123.00 fed, a on" angle ~ of 542' W711, whose chord bean N 00'09'40' W.176.79 red, see arc legth or 196.36 reel to a ' POW of town evivature; Page l oft f r ~4 I 4 i L s ~ • ..4>...,,,Rr„~rJwrnie.e~rat~.k.rc..aw, wi yrA„siru►arMtlM/I~r~tr'fllydirwOnlRY6d~UlfMiYNrri*4re.~_~s.ara..r~ ATTACHMENT fl ` , EXHIBIT D % THMCE Notthentedy, wilb Sbe an of aid wive Irvine 4 tadha of 100.00 reek whoa chord ; btus N 22'2032' S. 76.34 reek w uc knsth or 78.34 feet to a point on the rwrth IN of add Hannan track t TH ENCC N 89'5074' k.119,68 fect to a Vol rebor found N the northerlynortbmt coma b%uwQ said point bay on the wet ins of a certain tnet of W descried In a deed to 1. M. 11m m teoordtd in Vakme 291, pose 134 of Ibe Deed Records of Denbo County, Tex"; } THENCE S 00'43'41' B 305.98 row dons an eat ice of aid Herunn tout and the %va fine of add Thom tract to a 112' rebu found u the southwed comer thereof; y TtltNCt N 89'4731 E. 1013.43 fat along a oonh Sne of aid Hasmut tract and the south One of aid Thomu tract to the POINT OF BEGINNING and comsWag appeoxkWely 38.9 I scm or lud. z I t ,a 1 4 r' J~ , p \~b Pap 2 of 2 rr r• $ ti t N i ~1a h,r a~~ia~ V , r t° . ~ i r, u him 41 0a ♦ ~+..1 ` a.~0rrE,F.? -.i iai C~,~'`I!5 k0. <.•.f`:, i i ATTACHMENT ' EXHIBIT E FIELD NOTES 41, PD s 11.3 Arrcs Being dl the certain Iot, tract or puci orland situated k Ihs john McOowrm Survey, A%UW Number 797..be S F. RcywWs Survey. Abstract N+mlber 1634. the B, Lewis Survey, Abstract Number 769. the M L P. k P. RR Co. Sung. AbdrW Number 950, nd the 1. FlOw Survey, s Abstract Number 421. f,Ny of Daton. Hanlon County, Tecu, being pan Of s certain coed j 140,6925 we tract of lard dcxn"W In a deed to Haww D"opmenl Corporation Maamen) recorded in Yofume 745), Page 147 of the Red P+opaly Reeada of Derdon County. Tau, MW being more particularly &KAbed as follows: BEGINNING at a perm from which a 112' rebar found U the awiluad corner of raid Hannan ~ tract ban N 18OWS90 E. 476.11 feet, 3 15.35'220 E, 363.25 fed wW S 8142375" E, t 454.61fcet; , THENCE N 11 2)45 W, 242.71 feet to t potrah THENCE N 64'3076" W.142.90 fat to a pond; l 1. 1 THENCE N 1/' I6'59' W, 101.98 fed to ■ paM» ' THENCE S 19'4971' W,9%.38 fed to s point; THENCE N 23'23'35' W, 340.09 fed to s poird; T11 LNCE N 66'3673' E u 5.00 fat to the point of curvature or @ curve to Ore 118K THENCE Northeasterly, with the we oraaid curve baying a retina of 1000.00 fat, a central j angle of 23' 12'56'. whose chord ban N 71-13W E, 40242 fed, an arc Iwo of 403.19 het % to a point; THLNCE N 19'49310 E, 699.43 red to a point; r TI I ENCE S 00' 10029' E, 604.44 fed to a porn; THENCE S 21'41'22.1;143.72 fed to IM POINT OP DLCINNINC ud ant"i" apparimately 16.3 acres Of 11114 1x r r V` 3 1; Sk~ 3 J 0 k a Y Page 2 of 2 r•' I RECEIVED Nov t 81996 RANM DDEPA T~I~t1T A ak tt.~ , ~4tY~ * iv41'~.i` ~ J Y4^~ Yana T11 t e • i • . r . r ' - ` ~r.r~r ~J it _ - _ 1 witme W M LI14 p fT RD 111141, sMN44 ON. Colton A49A -40 • 4 r • VI {a 0 1.11 ~ FOR e a z wri 09 1 048 i I R : ■ m3 - - - - 1 - r . w.w wr r..r.r . a MMW•.br.aw~ /err../ t l~p.• 11■.t.rwY•. • r./.wr w. r.I.i`r wr a r1 .I, Iilr. a.. r Y-r /Y . r rt. r.■w a .rYr rr.ir rir rw. I.r. r.I. ~ ...r•rrr.rrrrrr/.rr r■r../.ar.rr=MA.,Z M'rr / P0.YDEJTIUjL.~PL~Ak \ r r'~ Y.+n Y WON NimmOmnd l no s rw - }..w /■..r, Mr..rrl W.\ Y Y 4 MI The Lakes at KwAsrs Ridp~ NO. . Y ~LrMr { roar .r .rr+rrr r.■. rr./r.... r►yrr./ W% Aaaa a ru... ■r { r...r... ■Y IA.N•r•IY..~••Irr••n/r~...r r r••ir NLM-4,10MPIIWR r.r r. •r { rr r.rr w. w.rrrr.r r.r. ~rwr KM •r { •...rr. Ir a m•Yr+.ryrrrrn.. •L....r.rr.Ir+rw rr r..w.rrw rom119V.AWd~RdLTND. T17 .ow.u •r rprw...rr11 •....•/r.rrtw ..r. J. AiRJI cm effalf TN0. W 4'IY w \ rrr • /~•.ir '+~.I~ ri~ rw~ rrwrrr.rrrrr r. r.. r../ OtWT • rrNN, r. r r• r r/r.rrr..ra.... r.rnr.\./Y lQR0,1 CO". T" l .r7r.rrlr.W ...r■. r....rr { rM..n \r wwr r.,.. \ t . t 0 A Caornltaab.lne a ..r.Y •r , I.•. r.ar.rn r•rrw.ti • .r_rr r.,t r•www.w,rw a r.r .....1 wamMVr CdM. ~ ~ LANN Cow. ` SAID . hrw ril.rr w all t W' µ rY . 1t/.A .r .Y1 I wrru r ~ ■ Mw, f1Y TMI \nn M•■r. • {rrr7•rr p a ww 0104" ON Irrr..Y.r .d%bdrr.W.Y ®1rrL r■Y■OLb rrllrrU. ~.IYf• d...4 An•Ilw... r'wr t.r.q..N•.•Ir•~ll.r• { "`rr.....NdwNd M^!"•' ••nw.erns..r.. wrnA 10" W,U r.. 1~w on w9621.9 it PP. v v _,._vt'f.nlra,"NiI G'N:csmrr•xif•ax+wF~lvv~VJkf.~S4'tTJ4piJGY[:111t141's'C6lCYAG^57M'~°.1~1Q~b'~'t'~ 2-96-036b ORDINANCE NO. (Revised) AN ORDINANCE OF THE CITY OF DENTON# TEXAS, PROVIDING FOR A CHANGE IN ZONING FOR 136 ACRES OF LAND LOCATED ON THE EAST SIDE OF THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKWAY FROM THE SINGLE FAMILY 16 (SF-161 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O(c)), SINGLE FAMILY 7 CONDITIONED (SF-7[c]), SINGLE FAMILY 10 CONDITIONED (SF-10(c)), AND PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; APPROVING A DETAILED PLAN FOR THE PLANNED DEVELOPMENT THEREIN LOCATED; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jake Hersman, on behalf of Hersman Development Corporation, owner of the subject property, initiated a change in zoning for 136 acres from the Single Family 16 (SF-16) zoning district classification and use designation to the Office Condi- tioned (O[c]), Single-Family 7 Conditioned (SF-7(c]), Single- Family 10 Conditioned (SF-10[c]), and Planned Development (PD) zoning district classifications and use designations, and submit- ted a proposed detailed plan for the area requested for planned development; and WHEREAS, on December 4, 1996, the Planning and Zoning Commission recommended approval of the requested changes in zoning and submitted detailed plan, and WHEREAS, the City Council finds that this change in zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC'ION I. That the zoning district classification and use designation of 0.7 acres of land described by Exhibit A, attached hereto, and incorporated by reference herein, is hereby changed from the Single-Family 16 (SF-16) zoning district classification and use designation to an Office Conditioned (0[c]) zoning " district classification and use designation under the comprehen- sive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That the only permitted use is Offices, Profes- Y sional and Administrative. ` e 2. That the total floor area for all buildings con- structed on the 0.7 acres shall not exceed 8,263 square feet. f 3. That no loading docks shall be permitted. I r F• "~xi fu i f 1, i. a ,Tti r r~~» wti:y.,''M .i..•!'' mono • i W:t r. .•.n.,.,.u ;..o:.,rvo:;mr...w!s:mi:ttfJM1:]i:!':k,iurllll(Td4'ii"R«L'?tlPM1~Il.'MIS'Dt°7(61SL • 4. That the front exterior walls of all buildings shall be constructed of not less than look brick or brick veneer, with 70k brick or brick veneer on all remaining exterior walls of each building. 5. That no "off-premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its successor) shall be permitted. 6. That no direct off-site lighting shall be permit- ted. 7. A "bufferyard" measuring fifteen feet (151) wide, and comprising four (4) canopy and eight (a) understory trees per each one hundred linear feet (1001), shall be installed along the property line(s) of the 4.4 acres abutting residential lots. 8. That the maximum building height shall be 35 feet. 9. No individual building may exceed 7,500 square feet. 10. All buildings must have pitched roofs, and no roof surface may have a slope of less than 30%. 11. In addition to any streetyard landscaping required by the Landscaping, Screening, and Tree Preserva- tion Ordinance, the owner of the property shall plant, as necessary, and maintain one additional tree per every 50 feet of frontage along Lillian Miller Parkway. 12. The owner shall not designate or authorize any area for parking within the front yard setback of any building along Lillian Miller Parkway. • i SECTION II. That the zoning district classification and use designation of 65.7 acres of land described by Exhibit B, at- tached hereto and incorporated by reference herein, is changed ' from the Single-Family 16 (SF-16) zoning district classification and use designation to a single-Family 7 Conditioned (SF-7(c)) zoning district classification and use designation under the • comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: • 1. All driveways shall be constructed of concrete. PAGE 2 i .ter x..:..~'.:.;..a'asa~:Y,vNma1(Ti~Remww, Maws»,z¢rM•`,Y1.~.'~IRWP►1iAdl A 2. All roof surfaces shall have a minimum 5-foot to 12-foot pitch or slope on the main structure and a minimum 4-foot to 12-foot pitch on the garage or porches. 3. That the minimum air conditioned habitable living 1 area of the main residential structure of each lot as measured to the outside of the exterior walls, but exclusive of porches, garages, patios and detached accessory buildings, shall not be less than 1,600 square feet. i 4. That the total exterior wall area of the front of each building, including the first and second floor of each two-story building constructed or placed on a lot, shall be 1041 brick, brick ve- neer, stone, stone veneer, or masonry, and the exterior wall area of all other exterior walls on the first floor of each building constructed on a lot shall be a minimum of Sot brick, brick veneer, stone, stone veneer, or masonry. 5. Each residence shall have a private garage suit- able for parking not less than two (2), but not more than four (4) standard-sized automobiles. Each garage shall be attached to the residence and shall conform in appearance, design, and material to the main residence. SECTION III. That the zoning district classification and use designation of the 51.4 acres of land described by Exhibits C, D and E, of the subject 136 acres, is changed from the Single Family 16 (SF-16) zoning district classification and use designa- tion to a- Single Family 10 Conditioned (SF-10(c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. All driveways shall be constructed of concrete. P w~ 2. All roof surfaces shall have a minimum 5-foot to t 12-foot pitch or slope on the main structure and a minimum 4-foot to 12-foot pitch on the garage or porches. 3. That the minimum air conditioned habitable living area of the main residential structure of each lot as measured to the outside of the exterior walls, but exclusive of porches, garages, patios and PAGE 3 Yv t' • ~S h.{ j r,i~r"wL4 a!`7 4~k'*2..:~ r> X40 ~f`,i 7' 1 r x r• .a t-.:.r„aa,r:c<..pa•,rxr xlvtl'~44,~?19A,"liCSV+9904'Qi.~Y}YY.'~NA'~1!~YS.~LRJCCe'LR'~ v ,v r detached accessory buildings, shall not be less than 1,800 square feet. 4. That the total exterior wall area of the front of each building, including the first and second floor of each two-story building constructed or placed on a lot, shall be loot brick, brick ve- neer, atone, stone veneer, or masonry, and the exterior wall area of all other exterior walls on the first floor o: each building constructed on a lot shall be a minimum of 80t brick, brick veneer, stone, stone veneer, or masonry. 5. Each residence shall have a private garage suit- able for parking not less than two (2), but not more than four (4) standard-sized automobiles. Each garage shall be attached to the residence and shall conform in appearance, design, and material to the main residence. $FCTION Iy. That the zoning district classification and use designation of the 17.7 acres of land described by Exhibit F, attached hereto and incorporated by reference herein, is hereby changed from the Single-Family 16 (SF-161 zoning district classi•• fication and use designation to a Planned Development (PD) zoning district classification and use designation under the comprehen•• live zoning ordinance of the City of Denton, Texas, and the de- tailed plan of the described 17.7 acres, attached hereto as Exhibit O, is hereby approved and adopted under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following additional conditions, imposed pursuant to 535-155 of the Code of Ordinances of the City of Denton, Texas: 1. -All driveways shall be constructed of concrete. 2. All roof surfaces shall have a minimum 5-foot to f 12-foot pitch or elope on the main structure and a minimum 4-foot to 12-foot pitch on the garage or porchen. 3. That the minimum air conditioned habitable living ' area of the main residential structure of each lot as measured to the outside of the exterior walls, but exclusive of porches, garages, patios and • detached accessory buildings, shall not be less L• than 1,450 square feet. • • 6 4. That the total exterior wall area of the front of ..JJJ each building, including the first and second floor of each two-story building constructed or PAGE 4 - - V~i . 4.. placed on a lot, shall be loot brick, brick ve- neer, stone, stone veneer, or masonry, and the exterior wall area of all other exterior walls on the first floor of each building constructed on a i lot shall be a minimum of 80% brick, brick veneer, stone, stone veneer, or masonry. 5. Each residence shall have a private garage suit- able for parking not less than two (2), but not more than four (4) standard-sized automobiles. 4. Each garage shall be attached to the residence and shall conform in appearance, design, and material t to the main residence. SECTION V. That the City's official zoning map is amended to show the change in zoning district classification. t SECTION_VI. 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 dietinct offense. SECTION VIII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi- nance 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 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WATERS, CITY SECRETARY % F; BY: V APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • • BY: AG d F-1141-c PAGE 5 4A Aitrr ;6'4,7W 4 i!A lr ' lry as 3 '1 y~ . • r i • r s_ .ti 1 e~. 4 . (f i F ~•-'47 7 i~ JHF>-17-1997 15=50 CITY OF DENTON PLANING P.07/1s E%weler r1r.e u floILS ON j u.7 Amass Beiag all that certain lot, tract or MnW of land siwdW in trle John McGowan Survey, mad Number 797, the S. F. Reynoids Survey, Abdract Numbs[ 1654. the B. Lewis Survey, Abstract Number 769, the M. E. P. dt P. JUL Co. Survey, Abstract Ntuabw 950, wad the J. Fisher Survey, Abetrnd Number 421, City of Demon, Daman County, Teens, being Pert of a oaain called 14 140.6925 acre uad of feel &w ibad in a dwJ to Hasrtan Der dflPmms Corporation (Haraman) re=4W In Volume 3433, Page 847 of the Read Property Records of Denton County. Testes, and r• being more psrdo ul y descrAW as follows: ; BLGUCMG at a point on the west line of said Hasman but from which POW a Ina rebar ~ . found at the so *mM corner of cod Hw== tmat bean S 01100'15' E, 811.38 feet, said point being on the e M right-of--way Mae of Liaiaa M8r pe kww w (80 foot R.O.W.), said point bahrg the pole of cu mule of a curve to the Tight: THENCE Nwhemerly. along the west line of said Hawn tract. the an fight-of-way line of Lillian MGsr Parkway and wah the sac of said awve Favkv a rsdws Of 960.00 Res, a ceeasrd . ' angle of 08 `2120`. whose chord bean N 0301075" E, 139.88 feat, an am (ltL of 140.00 Fiat , a a Point; t THENCE S 82038'54' E, 242.12 A0 to a point; THENCE S 01'00' 15' F. 115.72 fed to a porgy THENCE N ag 232S w, 250.00 That to the POINT OF BEGINNING wad cooldniatt • apptnaoms4aly 0.7 awes of land. 1 ^ c ~ y r Paga2of2 r rti~r~~R „ y r 4 d r ~ ] Sl~;.•4,' • pr) .,.n 7 n 1 'Y' ,..,..-;~r+:.:v:;+.rrr,'zya srv~;n.,.n..,,.i.cs►k.K..er.rca.NSVt2~1c1Y9M7fP~'`:LYf JAW17-1997 15950 CITY OF D04TO I KING P.OBils 1181r 8 FIELD NO7Z8 SF-7 65,7 Aona Ding d ehw owWm lot, eras at pwW of lad *AW In do 3alsr McBowm Survey, Abaw Mw6W 747, the S. F.13rynvidr Survey, AMrad Nusbar 1654, the D. Iwwla Urv", Abetrad Nambw 769, do M. L P. A P. IM Co. Surrey. Abobad Number 956, sad the 1. RAW Bunny. Abdmd Numbw 421. My of Dook Dabs Cady, Tema brag pot of a oartaia aaed 140.6915 am tract of bbd dwOW'e a dad b ftwms DavalopRNN Cwporsdoe olff a) { raomded in Yokaea 3433, hp 847 of ft Itd Prapwty Naoords d Dado6 Cou*, Tema, sad bakg aaore par6ouisly daaatbed w apSowt - swumm d a NY rtbw Ibud d *A wrtk*" oarow ofaid "woo""" asks pow bd% w Ih mm rW*4-" Saa atiSm h iaw Pwkway (86 awt RO.W.1 Wd Pokd bda &a Ws e.uI' . - epaar of SoulM p aluiK Pbms L ss shItku to tka Cty of Dastan dam, TT L94 wmcft b die pW tbo/atnamdsd is Q6imd IL Page 398 dtM Pbt Amwrda c4wjty, Yaw THZmC3i N 89180'34' $116.13 A" ak" do sank a w lord tioterw had d do amth ~ bas dSaudaid,a Fatah b a post; T9EMCE 8 OD'09'26' Q 10.18 Ad b s poirk THENCZ S S2*or4T r% 21&44 Ad b s point THENCE N 89'80'34' $1666.00 aut m a poir doarrattst da arw m the right THENCE SauknMwty. with the are daald am bwbtg a rdw d160,00 AK a oanrd ayb d47.044', erboa &Md ban S 6683MI Q 199.56 ha; Mare k%& o(2027 Ant b a Pte: TIIElICEN46•S3'17•$ig1,i7Aelbapolol; TH!<11(Z N 61'33'17• Q 46.37 Ad b s potd i. ■ osrva b t1r irk THENCIN SoAmwfy, wpb do sm a(mM mw bwbtg a radkw of 123.00 Ada COMW $008 of 90'o0'1i 4, wbow cbmd bean S OO'Oi40.14 176.79 AK as arc $00 of 1906 fM m a PQ* THZWZ S 45'6990' $ so.00 Ad to drpok ofamoom da am to do tigir THENCE 8oadraarswiy, vrkk tka aro dadd tww baaba8 a rsdw d 180.00 *at, a aashsl ssgla ,9 • d43'OC 1s', wba abord ban a 11'39v3• 5,114,11 Aa1, an Ire bsgrk d I!'7.t2 Ad b a 9*4 + THENCi S 00'09'78' Q s 1,34 Ave m a paint; ~ , I THE= 8 w mm, W. 30.00 bat too pok t THENCE 813'S2t10• Q 90.01 M m a pakt: IL • THEN(.'Z 5 18.51112' Q @oN Ad 0 a POIK al • ..J TtIENCt6 S 11049'11' W,143.71 Erd to a paid; 1 hp 2 d3 , u d v: !t. • `w. A 'pt, ~~.5: u..9 n F.i rid r{I l ri 3~♦i, .~i i e ty~a r v { , f • ! 'y 't ? .'rI. ~!~~sK",~gttZ .M7 • :..,~M,~~1 zs..K.^,.,.an ve•w^,sa11~rA;SwL;ntTY~47~t8laaNTI.dJa51!~!Y~9'E~+'RS^P,VW.Y.h :7fi! JAN-19-1947 15:50 CITY CF DENTON MANNING P.09/15 . ~X11t$tT $ ^ TNSNCS 8 00' IWW Q 30.001L too pane TRZNCZ S 19'4431' W. 4$ Lp hd to the pawl aftuomw a da wars to tb ldk TImYR Soutbw sdaly, wM the w chid mw havi g ■ radiw of 1000.00 JbK a onwsl a** of 23' 12'76', Whom dwd ban 8 71-JJW' W, 4024! Ad. m mm kWh Of 409-19 lbd a a poll; TNUCS S 66'3635' W. 433.00 Ant to a pmt; T88NC8 S 21'2115' Q 70931 kbet so it point T HMCR N 76157W Q 321.15 Ad to a poll T9VK:8 8 25121140' R. 109.99 be to a pair; TNSNCS N $9049'31' 3,64 50 till to s poles: { TYSNCS S 17323 i' 6,13S]9 hat to a pow!; Tdr11CE S 7o'3014P $106.53 Ad to a poll; ?MCC 6 p'2315' K 763.!6 Ad a a point TKUKZ N p606Y9' Q 436.18 hd to a paid; TUMM 8 IS'33'ti' F, 363.25 hd 10 a poll ON des aadh ins drill 13arwaa track acid port b&S as the mad be da oatata not dlyd deaabad Is a hod to Lps Cat at d raoaded is Vaiaw 1153, Pqs 40 dths DW Rsmtds afDoom Covey, Taws; THm" N 1$•232. W owaw lQ 266.36 kbd 81" 60 sold hw desk "OWN no aed 60 Dona No dsew Cat no to a poke; TM99R N 01'0015• W. 6143q Ad loa patt* T111JiR B W •2315" Q 1!2^76 Ad b a pore'r a atevs tb PIN ldk Tl 2wz Nw&owiw> . W W tie arc d asY ww iAaae a rnfaw d 1000.00 hs~ stood ants d07• l4'tb", whoa. dtad ban N $7'!9'21' 8.126.29 hK as w 4i d k26~7 Ad to a POK mumcs N 0042$111' W. 35$.11 hot lo &2 paid ahundees of a m" to d i leek TCSNCL Nw*wadWly, vrkb do wa drill ago heft 6 left d650.00 AK a am" onk of 54.1434'. wbae.Toed bwwa N ri641'S$" W. 59!.16 hat, M aw kagdi d611.20 hd ~ es s lab. . Talwt N !9.57+06 W. 50.41 hat to 6 pewt ON tb West bw orodd 33aaena am wad dol t, slat e4k-a wf hw didw saw Pwhter0; TMKX N 30'112113' Q WJS tie! alone des sad 0*4'wq bbw o(LA" 600 Parkway a dr 1101MT Ol ESailINlNf3 and oowaHae appaworlab 6S.71aes d !wall Pap 3 013 1 I '^A ~'{~t^:~cer ~ rt~ ~ _~s 'i ~ :~..i ~i)k t ~?l1y^.t b.'I ~~~r<~} •n~ a 19 ~f~ r~) y:. ia, ~t;f • • r..,..:, c^ras: .r}. e'> t:3:L.xI Y:HY.C?~-±"='Lv1OthbftlBY:1+2 ~:~1"L+•'ap [.u JPt+17-1997 1551 CITY OF DENTOI PL"ING P.10/15 ~t~1T' G • ptil3> NO'fltM . SF-10 N9 AGM Rai* d dot ortaio tot, wd or prod of had it"W Y W Jobe MaGonaa Sway, Abobid Numba 797, tae S. A 3tayaolda Sway. Abdmd NmW 1654, the 0. Lewis Swvey, Abdmd Nuts 769, tW X L P. ! P. Rlt^ Co. Swq. AbabM Nwabae 930. W tiro J. P6bw &xvq. Aband Nw6w 421. C8y dthamM, Down CovaAy, Tear, bdq prt da artafo allsd 140.4923 are WM dls,d 6wibW In a deed to Hwsa~r Lvvdeport Capoeatioa (Fimaerro) noadd ls Vaheeae 3453, Pep N7 dtba Real ltiopatty Raoerda dlkra County, Texan, d beard afore pw6mArly daamLad a fAws: NEGM114G M a 14, nbr Rwtd at the awaind aaanr doll ilrraaa Ved, lid POW being also the oathwed mm da owi4 bawl of IMd dsmibrl in ■ dad to Dwim R Haid". MD, eaoeeded to Yowo 2940, Pap 217 of the Rni t mpwty Raeoedr of Deanne CWMY, Tawt THSNCS S 00'20'30' W, 1519.74 fen aloq the ad Sae Bold Hamm Ind Io a V2' rebar fard at Ib NaAhad aaam 0w=9 ToLNCZ N a'23ZS' W (Row X 4661 fad along dm earth 6r d aid Hwwm bad to a po* ' TBLNCS N 15'33022' W, 76333 %d to a pdo4 THOU S 8-9-MV W, 43d% Ad to a por4 TAKNCL N 21141'22' W, 147, 72 Ibd ba a pain4 v TUENCS N 00' 10027' W, 614.44 Ad io a poK IULNClt S 1914WJ 1' W. 206.fi AM to a pobt; THPNCS x 00' 10'29' w, 30.oQT to a point . T1iL'ICSN12'49`tl•ll,i4).7t✓hatlnapork 711Q4CS N 11'51'12' W, 120.961bd W a pent; 1 THLf14i N 25•32W W, 90.03 Act to a paint THSNCZ N 19'50023' A 30-09 to & THMCS N 00'097Y W. S 1.34'6e4 to lip pow of wvab" of a own to lbe MA; TWCi NstA wWlY, Wilk rho an d nW mAw %Di g a"* 0(159.00 Aeb a erdra[ ✓ J angle d 45'0713', when deed ban N 22'39'13' W, 114.11 AM, M am loth d 117.12 Ant . to a pilot; TH614CS N 45'07!0" W, 50.00 fed Id tbo part) ofora "da was to WW 44 • THING Nmtharkrly, w4h tM w chid am haw` a rrlW d 125.00 iat s oadral angle • • of 90'00'31', wbon lord ban N 1111' W40' W,176.79 Gar, Marc Imph d 19634 fed lot paid drew" atwtw , J ' PIP ld2 ^ is • t Y I . J ...,:~+..>'.~.-ssa,.R~_'raa'~s'~.wwmwaywYr~Clta+wt~crra JAN-14-1997 15251 CITY IF DENTON PLA NSKI P.110,15 [BRtiC= TladrrleA>, *man fv of edd avo %PASS a radar of 100.0D A4 wbm dad burs N 1&1033' A 7" bst, r an yF0b of R 34 M1 1o s POW w Zia aotllt 9w Oro'" Nsrww orb: Havel, P" POW bAm w 3 dm west be are orU1a het of yob m o ist in a dew b K Ibat taeordad is VDA M 391,1 134 or 1M Dad b ab of V"M Cwaq. Taos TLuLN4G7t 8 99'4541• D. 36)49"9 M wq hw ahsib Nrsrw ovd wd be whet am of add Tb s MA 10 ■ 1A' mbw bwd a11ia WdkwW aawr &W64 s 1'MRetl"s N 09'4011 ~ ti, ~ 013.43 bst a1w~ a aatlt 11ao otali Hrato (tact aab Iba sotMy , rte orwid 7tioat/ et.et to lie rQw cw ulocle Km 4w oocaryyd Opp►adtotM+3 3L9 { mu o(ka I { 6 pwZan y^ I • t • •has ` fir! 9 ~ rt t~v ~ i r. f" t a • t I ~ Y J wr1 t ~r 3, `fir i\• '~..i~' ~~~f ylxr !~`Rj~• rr~" rT r. f eta ~ a e:.~~n>b~.•.r.t.Kn'wMWIG~hIYOrN+Irf.Meaai?1do1M ~.N~.• JF*+-17-1997 15%51 CITY OF De4TM PL"IhG P. 12/15 ot err U SF-10 52 A" naby d dote vvia Iot. trod or poor of Ird aiwwW Y dr fdo MoOozm Itaw7, Abs"d Non" M. do S. F . A ell a Swv*A Absom Map" 1654 do 1% LOA ltwvoy, Abwor Nuwba 769. dr K B. P. AP. RIL M Swvq. Abr»d AM" 1!0. dad Ib 1. A&W Sonny, a t*w %146W421. Cw ofOdol% D"M Canty, Tour, b*4 pw ofa oMtaY eaSw ~ 110.6911 aaa er>at of W drr"W k a Ind b Harmm Dw*pmW Cbr/oeaYao (tirabaa) t noadad Y Yobiaa 3112, 37p 11.1 of do ttaal Froprty Itaaada of Ow1oa Cowell. Taaar, Ind baiq aEora pa%tiaiarly dw"W r Iblic 89OL40WO K a /obd oa dr saffi boo of aid Hwr Luray Mu W" a I11• nMr *Md at ~ 1M aoAhwor dart drwwofMat S 99' W31• W, 216.13 Rrt ! TRCW L N 99'3094.8,1671.16 Spot d" Iho wth v of am Hara~a had b a POW Y a to =ZMCt Sadkwrtaly, vM *Awe opal/ m v bait a radbaa of IOQ-W hot, a ortrr aaSle of 14'39'36". wboM tborl Mad S 22'20'J2' W. 7651 Rat. M aro Mirtb of 7%.34 Rat b a pow; •b•HOC1t 961'53117' W. 4637Rp loap*A; TlI mxs46'5311rw,I93v!YelltoapowisapowbIMkt 7•HSNCS Nordnratarly, ds ae of ald awva Mviry a radbs of2so,oo Rr, a cabal a s of47'02Y1•, w6m dwd brn N 66'399 W,111.5! AM, NON kWh of 205.27 Art b a post, TIEDWZ S 99'5074' W. 1060.00 FA I.- a poll TmcsN52.O rW.211M Rd to apoia% T Mcit N o0.0096" W, 14 to Ml do rem OF wan ow aal owwoks apppalarg6y S.2 aa4a of Ir1 Zy 5l I 1 ' E • E~gr~1;~ 1j1 I y 1 ~ti1?, Fna .10 .('m; e! ~ ~ 5 fr~4 , - ~.`..~...:.~~~w....w..l. f Y i c. s•atiu.4o,ul.wvha ~.Lw i ~.._k:._-.1.i1.-.:...~ .r..u. '4 , . 5 w. . 01,17,r 16:25 0 6 R CO6lVOWS, INC. 51173937717 tRl P9L9,DNOrrs ~ ~ sF~lo 7.1 Asa Bens an time ostele lot, tram at pros of brd lammed Is tie lobe WfoGnu lorvoy, Abtece Mmbr 797, tit S F. Mayadda &^V. mom Mmbt 1654, do S. t^u Sur". Micron NWAW 769, tlr M.13 T. A P. RR. Co. Survey, Abo"d MA" "06 ad do). FMW Um, Abeaod Number 421. City d Daaaa, Dixon Comity. True, bdes part of a aside abd 140.6925 eon tna of Iend Oasbed lma dad m Hrwma Develoyst Corpre6oe (Hrasmn) ncatdd k Vobw 3433. PW 147 of 6o Reel Property Rom* of Deeroe Coasty, Tarr, and b*63 ammo paidaWy daybed a k&*& RLGRININC t a pout m the wet Yee d acid FlWmemme trauA, Sae emhlui a !h' ro6r Reined t the eonbwst ooraor dw ben N 30'O7I S' B, 345.38 AK red pone bass oa tie no t+Y&- af-wry Yee of tAw Miller (10 tbot R.O W.); TtlLNCt Y !9'5343.8.50.4/ Act to the point darvwe d■ acre 1o tie mirk THLNCL Sme%n Wfy, eAdm ef4 as of add mew hovbrs a to&* of 650 00 f4K 4 award awe of 54'2994'. wboa shard ban S 32'4739' 8, 59516 Act, a n hoo of 61120 but to a pois: TI ILNCL S OS'21' I to 1, 358 $0 Poet b a poW in a arve to the risbt THLNCL SaAhwaeeery, with the ro of mold am frvbms a redbe of 1000,00 AK a cerm mere d 07' 14'26'. wlmoa cbmd bans 17'$VW W,126.29 bK a ra btyb d )2637 At to a pOK THLNCL N 99'2325' W, 253.36 bd to a paat; THLNCL N 01'Wl S' W, 313.03 ht to a point; TMWCL N 12'WW W. 242,12 he b a point on the Went Ise d end Ilaenem but mod dt act Sae of LAw War Prbway, aid pole b ft is a arve a dr else; THRNCL Nortlearaly, wib the we d red mew bruins o is&* d 960.00 AK a control s%% ; of 22'41'08•. w400 cbord bore N 11.4199' B, 377.62 6K ae WC leasth 01380.10 At w a Pte: THLNCL N 30'07I V $ 206.70 he does the woo Yee afoul llararmrr eat and tie amt tW tof way be d IAw IMillr hAwey to the POINT OF NGDOONG end c0ekW% mpprarimtdy 7.i eWea dlnd. 5 , { PW2d2 v , n6~~~np.r -`rt ~A~ • Si . _ r n ~ 7 ti v R 7}y~ay 4n~.7 ~i .v JFW17-1997 15,52 CITY OF DENTON PLANNING P. 14/15 ITT' r: rasa NO= PO 17.'7 Aany ~j 1 - . timAw70,IbablN.P.AP,RACo.IIIIIAbdrMW beeMandIbaLPWm&rm. AbwW Nu06an111, City d Dwom Gams CWW, Taaae, bekr poet aft ooiaia edai (((S 140.6415 am wet *f W loos I Y a dad b NenNN lhrdeparr Oomom iod (1lsarra) arm I M Vokma 3433, $47 ddw ■a l NOpwty Raooei of Disler Carly, TI and 6eigp coon perdadrb r RdbarK 811OaCN3NCi r s poba hr aYab a t!7" nabr BN.i r tb. tanabaei oonk of aid Ilwraar , kaG baanN 14'06'34• $ pb.li 8nt, i 139371' $ 363151k aad 8 !t•?J3S' >i , 464.61644 xti T111NC1<Np'13'13•W,163.561Vlbapoir, 5 THEN= N 76'3044' W, 196,33 hd b a p" 711LM.t N 17'5131' W. 0539 8nt b ■ pair;; 7138NCi 884'4931• W, 6N.30 hd to a POK T81NCZ N 23'11'40 W, WOO Rs/ to a /olrq owl Ti114" 176'ST46' W. 32673lm b a polak 771114CZ N 2311111 W. 304.39 he to a F* 7HSMX N 616, 4)5.00 hd W tM POW dPAVOaa da Vise oe dO elrt' TUVWX NW*OUWIy, WA 60 an of NW acne hI0 nfi6 of 1000.00 blk a ONOW gloof23'IY66',wlIim oWboonN74'1343'&40241 aeaNMMba[40Si98rt bapol% THf11Ci N 49'I14 $ W42 dal b a polr; If R#= 8 004IWW K GK44 bd is 4 pow ~ i 771fi11[i 111'1912• $ Iq.718r1 b IY PO11fr01 /~$CBMG aad ooNaliq ~ 1 k ~ appoainWy17.7amaafYri . 1 t,i tt f Jf b ~ I J l y r ~ w N. 1 f R~ 1 • r • . _ I 1 1 I _ i •A 0*4 0,06 me tA r r' flcl Im ; .f memo somms q6' I elm -J •11 it ~ t I 7 I"~ ~..1 S L~ w1« • : ` .Mywy-L1frrwwrll~w ~~l••wf • LL• wRwMMWINGwT~1.Ir•r A.bft L A w•iHl"N1~'LM~ .r.14Mri~.rYyrr~~•.y. ~L~ MwY •ommo: ~iirY.Y.+y r•.LM Vrr.`~ rirK•~TY~\ L w«~YY .1• R 1[1 wl. r.•Iw• I 064 FIMUNIF AL rw.Ylf• •Y t r•IW[~ w11 ■=RW Yr w/Ibr ■r f-A W"Doi" Y[Il n•t L w1~wn••~Y w1 1tfn+.Yil ~rrr•Il- w Mr 1Iw 11w r~IM rl.r HLM•~wAM~ . wr•.r ON MonR~•r«r1lrrRwawwwwlr • wO~ W ~Y R.wiR.f•r~hMYY••Nw •i..w•1~~ Y~I WYi~/y~..Mw 'O'« ~ PNMA MA" M~ ML M V ML #A L Ilbww•N V L •W.. YRM ~w•.IMb bM«M ..~I -MUMV. Y r...1 CITI~~I~ wrwrb 4w f•11. rl•.wlllsw~RR1"Im CI~Ir~r~bra rY [ws rlllSdYAr,1~W R wlwwlblh t•l. W • bpot" R•1.MW ~•(\J, •Y 4W RFdoftI. ••l [ QR1~ Y D Y~LM { ~.1•~aY~FP~•/Wr.1{ • Impgmg O MR ~ , la • Ylr ~I 1 r • r•~. rw MOO IN rri~.. L a.w 1+w Y.~ r. rc •or w WOMAN •M•~=Wi11K • Ilwr M team !s • LAIY1yrR•YY•...I1 •i ®MI*~1~w11 w/[w `Mmrs ■~~~1 'MI~M/r • • N n x a a Wff + We"Izab M pa M~~Ilw~w w.a lt• Oww.~MIL 01w~ •4.1 M N WI WY/YI •Iw• fH1r ~ a qh6tN r. • • • ~ILDL 1RTNIi FL7 u LLPWW I M3!! 4rww Ie7mr v Lz I Aw PPOPOM DORM v LA LPw~r E MW ~ L4 Ynx [ ~ 4ruw Ls v Thor TA Am~w WIVIr t u v o w• RMOMM Y v f v Y ow 4r/ I L 9rE ~ ...i. 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LC, DATE: $0/WAN 00ML• 1--SW i01L IWO 9624Tom V . f` . r. ~ i 'r i .::fir 5\^ Yiy 1 Mr~ ~y1'lMr 4t LJ r,(I ~rd e^. , r ~ ~r tY r~ tr.Mw r~rr r r~N M 1:~ y r ~ Wa e!` nJ7 E7^} tt: ........J.....W..~~_.._ _ ~r i.. i_.~:....~...-.....Y.~..... _.-.t~..a.-.w...rwr~rr .i .ui~ a,i~ASriar• Agenda No. r Agenda Itet, Dale - CITY COUNCIL REPORT FORMAT I TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: January 21, 1987 s SUBJECT: Consider the following exaction variances fvr the replat of Redgate Pecan Estates: 1.' Section 34-116(e) requiring adequate water capacity for fire ti protection purposes. 2. Section 34-116(c) requiring fire hydrants. The subject property Is partially within the city limits, and mostly within the Extraterritorial Jurisdiction (ETJ), consists of 57.53 acres, and is 4. located between US 377 and Country Club Road at Thornridge. i i RECOMMENDATION: ' The Planning and Zoning Commission recommends approval of the variances (7-0). SUMMARY: See Planning and Zoning Commission Report. t. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. k a y ~s J y` rr C'qq~ 7 w r. ~ S .Art` r ~ r'1,1 vi. `Y f • ,.S J ~ `R. y Y S ``vvFF 1 R . ......:.r....~.....,. ~._..~.L.wv`. ,.i~. f..:.+. «.~...~..rawb:J4.Y.4o~iiC~[WILMi~flylW~Lt. Please advise if I can provide additional Information Respectfully submitted: Ted Benavides City Manager 1 + { ry 9({ ~ 1 Prepar by: Walter E. Reeves, Jr., AIC Urban Planner Approved: Rick Svehla Deputy City Manager Attachment N1: PlanAng and Zoning Commission Report. Attachment #2: Draft minutes of 118197 P&Z meeting. e ' { f. I , ut _ w vw F 'i kvM , d 6, ,~'7 `~+kyF~t~s M7r•~i ti ,°(A~j s Anr' p ~r~ n1 • • 1 i ATTACHMENT 2 PLANNING AND ZONING COMMISSION To: City Council From: Planning and Zoning Commission Date: January 21, 1997 Subject: Exaction variances for the Replat of Redgate Pecan Estates Recommendation The Planning and Zoning Commission recommends approval of the variances (7-0), subject to the condition that no buildings be constructed with°n the city limits of the City of Denton on the subject property. Background The majority of the subject property is in the ETJ of the City of Denton, and served by an Argyle water line. The applicant has requested exaction variances of the following two sections of the Code of Ordinances of the City of Denton: 1. Section 34-116(e) requiring water capacity for fire protection purposes. 2. Section 34-116(c) requiring fire hydrants. These requests are based on the lack of a reasonable connection between the required improvements and the proposed development. These 'exaction variances' are being recommended to the City Council because the Commission has determined that: Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the city council. Waiver of developmental exactions shall be approved by the city council. i The cost of extending a City of Denton water line to the property to assure adequate j water capacity for fire protection purposes would be approximately $300,000 ($20 per linear foot for an 8" line over a distance of 15,000 feet). • If the variance for water capacity for fire protection purposes is recommended, the variance for fire hydrants should also be recommended as the cost of installing fire hydrants to under capacity lines would exceed any reasonable benefit to the property owner. Enclosures i • 1. Final replat. • 2. Letter from City of Denton fire department. r I TlN J !"'rte. 'at • • • \IVU, M0II1 11 TY r ►Y►1 P PI w \ Y \Y Ir►► YnI, •IwYI M\/ IP.,M\ NrY/A f I w \ Y tlI / lb+w N Mwr•\II ► w \ YM Y•► N r.r VM►Iw►Ww►•MI~N wII\Y rrr Ir\rrr►u,N, 11 w\ Y\ \\YY M Y V N wlwl F-..r.► I±N\M bI►W\I N.w M\N9 ~ R W M►OYA YIIW N.w\r. \ YArI ~\M Yw µw\►IW N~►Awr► IIYwIIMM1Irm 11►\YH~A 11Wrw/►.NI Y V YL IlYrw,W M,bo1M OI/ Y.wM/ •N ' / I I M M1Y V w► 4'► n 1~►►/ /Yw~~MNMIA'M , ~ / YHw1~ v Y~iw./Y WNIa\i 1~ Yww► M Y J: , ~ w., ny! ' C` , ~ awlq~wNNn°°1vNw ' 1 / aM W~ ~ NIAiNIN I ~ HI1I> rlwM, l01 7 )g 124 KKK m rw s W. ~ : , x,17` r°+ww~'•~• l % i.. w7 .p ' «w1m / jT ' ~..Yu.. ~ ~ 1 t~ av l -S n -1 1 , w Rd' fuPrmnc In. wa,' nlPe"P'now uµrAro o„v~„_;~ r ^-0 PO. eee e0 ,PnI„\C,FYe, NuP•[ :(hl il: w.r iw 1l /r••M RRI.Y. TCLl1 ro,e IYV,7d 1~UnIN/rOI•nl \Ile; Olm • 7'p ~4iM +w Mam ODPwA MV wN\~waN..N,+.yianMwswn~Y. Ie1774ee-e723 ~1Tww ~ J . • • U C ENCLOSURE 2 C CITY OF DSNTON, TEXAS FIRE DEPARTMENT October 24, 1996 Mr. Hike Kearn Kearn surveyors P.O. Box 507 Krum, Texas 76244 RE: Proposed Replat Development of Red Gate Pecan Estates, Highway 377 and Country Club Road Dear Mr,Kearn: Per our phone conversation on October 17, 1996, the proposed Preliminary Replat of the property indicates that no structures will be built within the City of Denton limits for this development. ' Since the development will have no structures in the city limits of Denton, fire hydrants and minimum fire flow will not be required for the site. if any future buildings are to be constructed, adequate fire hyditnts, fire flow, and other fire code issues will be required for this site. If there are any further questions, please call. Regards, v I~ • Joh K. Gillatte Fir Protection Engineer xc: Rick Jones, Fire Marshal Walt Reeves, Planning Department 217 WEST MOKINNEY STREETr DENTON, TEXAS 76201 OFFICE (817)U$4110 V FAX (e17) s"4106 {{]~i~~NN1 rr r t'4' i.• ? . , .y'+,~~y ~ i • t ^ L M I1. Yl ou ~ ~ ,F ~ 1• ~ ~ .I' r 1•~k ' 1~~ 4 • • rn e• n-...r --w.....~_....-.......r..~w.ox>.-,r.rMYfMAMlL MfL~IUyYMFIr,iMMWlvtr'I,VwiY4...... J ; P&Z Minutes ATTACHMENT 2 ~~f~a~'I.tg~(,lls~~ January 8, 1997 Page 10 Mr. Moreno: I have been to the University of Oklahoma and 1 drove through their fratemity area and 1 was totally surprised by the appearance of that. 'c'hose houses were neat, and they were landscaped. When I thought about fraternity houses in Denton, I just didn't understand what the difference was. It made me a little envious of the situation that they have up there. I am going to vote in opposition. Mr. Cochran: I move we recommend approval of this specific use permit for the Delta Lodge at 1305 W. Oak subject to the following conditions, those being that there would be adequate signage to indicate that cats belonging to Delta Lodge guests would be towed if they park at Voentman's and that it be Delta Lodge doing the towing. I would also like to attach this letter from Delta Lodge indicating that they would be willing to do a bi-weekly trash pickup of Voertman's parking lot. The third condition would be that there will be a fence on the south and west property lines. Mr. Powell: I'll second that, and if you would accept an amendment to the fence in that it would be a eight foot privacy fence with steel posts with the face towards the outside, with the necessary requirements to meet setback codes. Mr. Cochran: i will accept that. Ms. Russell:: Any discussion? All in favor please raise your right hand. Opposed same sign. Appruved. (5-2) Mr. Moreno and Mr. Jones opposed. V. Redgate Pecan Estates. The subject property is located partially within the City Limits of Denton, and mostly in the ETJ. The property consists of 57.531 acres located between US 377 and Country Club Road, across from Thomridge. a. Consider exaction variances of Section 34-116(e) regarding water capacity for fire protection purposes, and Section 34-116(c) regarding fire hydrants. I Mr. Reeves: This is a replat of Redgate Pecan Estates. You have an exaction valance request for water capacity for fire protection and fire hydrants. You have a letter from John Gillette in your backup concerning this. Staff is recommending approval of both variances with the c-indition that there will not be any buildings within the city limits of Denton. There is a small portion t,jai is within the city limits and the remainder is in the ETJ. • Mr. Powell: Does that mean that a year from now if this is annexed that they can't build anymore? ✓ Mr. Reeves: They would have to provide water capacity for fire protection purposes. Ms. Scherm I move we recommend approval of the exaction variances to Section 34-116(e) and Section i • 34-116(c) of the Code of Ordinances of the City of Denton with the condition that no buildings will be • • located inside the city limits. , Ms. Ganzer: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) G. A i" "~11 t 9 At i r , .......a....«.,r..~,..W.~.,..,....;,....+.»....,.r..e.e.w~.rxxweran+rra+ . Agenda No. 9 -OQ Agenda Item e Date , CITY Of DENTON, TEXAS MONIOPAL BOLDING ~ 215 E MCKINNEY • DENTOM TEXAS 78201 (817) 566.8200 o DFW METRO 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Coancil FROM: Ted Beaavides, City Manager DATE: January 14, 1997 SUBJECT: APPROVAL OF TAX REFUND TO FL5ET MORTGAGE CORPORATION RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documentation have been returned, requesting the refund, which the Tax Specialist recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refund in excess of $500.00. Fleet Mortgage Corporation has requested a refund in the amount of $730.55 because they paid this account in error. BACr°GROUND The account of W. Lee Folse was paid twice by two separate mortgage companies. Capstead Mortgage Company paid this tax on December 14, 1995 and Flea Mortgage Corporation paid on December 28, 1995 resulting in an overpayment. Fleet Mortgage is now ; ;.questing a refund of their • erroneous overpayment. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; } The Tax Department and the tax account of W. Lee Fosse (Account #027511) • FISCAL IMPACT: + $730.55 , "Dedicated to Quality Service" M~l ra.:,n a J.e,. 1 City Council Repot Paige 2 ' ti k- Please advise if I can provide additional lnformatioa. % RESPECTFULLY SUBMITTED: f Prepared by: Ted Bensvides City Manager t , - Juli Tax Specialist Approved: i Jon ortune j Chlef Fln Officer r c z i AKAW6t rT,- y f ~ y~ V s , b F a 'y M 11 ~ 1 . y a i 4 v•-1c, 1 . • i i i 11i05~96 11:26 10'93175866236 CITY OF DENTON ® 002 005 Propitety rSai "±1~1ez, APPLICATION FOR TAX REFUND Collecting Oft e Name: Collecting Tax For: I TAX DVAR it;P. MAINNIT ax njj nits) ,TEXAS MOT _ Address City, State. Zip Code In order to apply for a tax relund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPER~OWNER: Name: s Addrep lid DGfezrt,- ewj,E idJrorJ Gt0 - Telephone Number (it additional Information is neededy IDENTIFICATION OF PROPIRTY: dd Description of Property >~:7fL~d(~ rl)6 LiCOGK all 7- Addrats or Location of Property. I.L ii -D& Account Number of Property: QQ 2.1,11 or Tax Receipt Number. INFORMATION ON PAYMENT OF TAUS: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tut Refund Is Requested is Requested Tax Payment Taxes Paid Requested to 3rZ--- J2--d I to s s 2 ~ ~ z 3 kµt +e I L.2:.7JL r +o s s 9. t9 _ r1fi_- S S 1 Taxpayer's reason for refund (attach wpporllnq documentation)' CA&"'LSn &rtl.Ct_ lYJ. T cE ' FL/n„ AsAe* 4iD RNs T~X~s 012 TNr A44 c Fk~r " I hercoy apply for the refund of the abovedescribed taxes and certify that the information I have "non this form is true and correct" Sigrature Date of Application for Tax Refund • •---__~4r:cEa~_1: 1$21J - DETEAMINATION FOR TAX REFUND: Approval Disapprove) S•gnature of Authorized Officer Date r • signature of Presie,ng Of or(s) Of T&xi00 Date • • Unit(e) I& relund applicaUOns over $500 ItnprNonnwdel Any persmt who "sea 4Ne entry open ea brspoing too" OW tM subi" loone of#w Mkw%- PPMM"; I. not mere them +0 years nee test thin ! yeah and/Of a fine of aN can than $1,030 of beM Sach fine and i mprifen men l: a. coMMeenanl In jail rer a form vP b t yes a a RM net to exottd ea ON w beM Won axe and i MeritarrrMnt M tM forth in IsoUorr 37.10. PMSI Cast. , ~~r~ro 1, n 3 4k • , f a aW 11 p 01 jr ~.w...w..r.M • "f n .r: Wn ~ •~~a ~ K i " ,i riwfaR.~.w,ra __....'u.~+3N472~' i.^i..r_L~611~#~- Nr..~ . o'r - Poor Qu' v7..Y•t 1 _ t:," i~f Mc i'~y~. ` M1.., r y3 ~ ~"1 { :•f i . Wr4n ■ud • f Iv0,130~8 ~~i FundutSl ' CITE/Taw" IAA ` PAM 000E 440002-OOIyL-I1 [,I.ti ' T II., 114146 WIIAAS APIO 01 CENII ~~M0~~43a [ i11 E 1 ;UN01NG - - !.41M1OM CIII T1A COIITCTOS as &OA 234b1 ! hu+npw TON/ 1A 1610:-21461 13D0841r 1104 3600 t61r: ' fti0+ 30 COf" • , 4, • • . N f[ T' {n191t~ t tOM Yrr~61 ~ •f ~ f 1' a ~fic 1 f r , J y'i{{,Jk M1 \ •i f' t fhSi ; 4 f ~ h~M. ! \ L 1 J \ da' a ; h} SY ,Y ix 'r M1 YT 'r75 9 M1 X r r [art ,,,Kry~ J ~ Yv S' ~ ~ ~ J4 Y i.. •s. .J~ ? h.., KJ'''" •r~ °r'' r c~ • '~'L'+' as %a y'r5y fah^~ r t . G: l TtIET REAL ESSAY FUNDING COOP -64,0 /ASLLfR-AORii11fE EfCR11UAfEM[NTS VOUCHER ►/Sifll•1 001-9,DA1E 12115/95 Ili[ 1561 ffCROV Eftlpr STAY STATE TAX AUTNORITV DENT01 CITY TAX COLLECTOR Puff 4 10f I CONTROL DESCRIPTION CODE NAME COUNTS-TOYNSNIP P,0 SOX 23N EAR 91 CIT11TOWN TAX AA TEXAS 0002-00131-115 DENK TR 76202-2317 I ACCT ESC ESC-DUE AMOUNT NAME 01 MOMAfOR TAX 10 J TAX CONTRACT N0, TYPE ESC-EIP PAID NURSER / NURItA 003015702/ 91 12-31-95 730,SS .A411114A I MIT 021ST Cb PINNACLE I NTO IOINTf 12/13/95 6T 6 ILK 2 10 A JONK R TlAtf I TOTAL T ITEMS PAID BATCH 715 TOTALS 11 3,914,03 i I i i i I v ~ if S ~ . 9 e 'Jill 1 - .;,u ,r...9„i,A4 h,• ti ' F.~r, t + Y 0 0 0 REPORT FIOR05DW 01/10/91 OT 19:25 O V E R P A Y M E N T S P1 ACCOUNT NO. RECEIPT NAME ADDRESS AMOUNT STATUS OF P! 02044900000 95/03/07-0030 BAY LEE LEASING INC MINOR CR 35.28 OVERPAY 02996200000 95/03/07-0098 WOOLAVER, CALVIN - W SYCAMORE ST .302.20 OVERPAY 03111600000 95103/07-0108. LOWRANCE, SHANE S JUPITER DR - 258.97 OVERPAY 10604700000 95/03/07-0156 HALL, MICHAEL G COPPER RIDGE S 366.55 OVERPAY 02751300000 95/03/13-0349 MCMINN, LEON PENNSYLVANIA D - 872.41 OVERPAY 17318200000 95103/15-0015 AFV ENTERPRISE INC 2,20 OVERPAY 02178300000 95/03/22-0115 POWERS, BOB C. FOWLER DR 20.00 OVERPAY 16677700000 95/03/28-0076 BALDtNGER, BRIAN D JIM CHRISTAL A 10.42 OVERPAY 16677600000 95/03/28-0229 BALDINGER, BRIAN D 41M CHRISTAL R 1.14 OVERPAY 09421200000 95 OS 28-0358 FORD LINDA P y1 FRPAV 02 0 10 1072 - , 41,71 10325400000 95/03/28-0643 CARTER, LYNN A LA TTIMORE, $T 40.50 OVERPAY 13431100000 95/03129-0903 MILLER, WELDON H SHADY OAKS DR 22.03 OVERPAY 03346700000 95/04/02-1062 SPRABARY, DARYL W MAPLE ST 149.30 OVERPAY 02996900000 95/04102-1079 FOK, HOMER S WOOD ST 25.85 OVERPAY 17318200000 95/04/02-1136 AFV ENTERPRISE INC 2.70 OVERPAY 03448500000 95/04102-1137 AFV ENTERPRISE INC 2.70 OVERPAY - - - 09430200000 95/04/02-1272 BIGGS. ANTHONY .0 MACK PL .b.84 OVERPAV ' 02029400000 95/04/03-0253 SELLERS, WILLIE SCOTT DR'- 24.73OVERPAY c 03075700000 95/04/03-0723 WOOLVERTON, JAMES A FREEDOM LN 406.62 OVERPAY 51407200000 95/04/05-0063 KECK, TORY TEASLEY N 97 L 3.89 OVERPAY 11374800000 95/04/11-0124 THE STEAM MACHINE N BONNIE BRAE 1.50 OVERPAY 02248400000 95/04/29-0084 VILLARREAL. BAKER J. IMPERIAL OR 29 10 OVERPAY 91473400000 95/04/29-0203 1200 1-35 0307 30.16 OVERPAY 03380800000 95104/29-0442 SORRELLS, RANDY DEWAYNE SCRIPTURE ST 5,47OVERPAY : ' 02972500000 95104/30-0450 SPRABARY, BETTY MULKEY '_N:. 16.41 OVERPAY 90149300000 95105/0t-0102 FIRST INSTANT PRINTING INC' N ELM ST 11.69 OVERPAY 02369000000 95/06/05-0330 JORDAN, LOU A v EOAN ST 433.29 OVERPAY 02485500000 95/05/05-0331 GRIFFIN,' ERNEST R NOTTINGHAM OR 9.00 'OVERPAY 03151400000 95/05/05-0337 FULLINGTON, JEFFREY D TYLER ST 123.74 OVERPAY r 08224600000 95/05/05-0338 TOLLESON, CHRISTIE A DALLAS DR 205.20 OVERPAY 09431200000 95/05/05-0339 FORD, LINDA P MACK PL 31.89 OVERPAY 03357200000 95105/06.0024 WENDT. WILLIAM L HIGHLAND ST .3:82. OVERPAY 029497000DO 95/05/14-0001 DUNBAR. ELIZABETH - 2.39 OVERPAY 02879500000 95/05/72-0010 SMITH, ANNIE R ESHERMAN.OR X0.01 OVERPAY 02100200000 95/05/26-0005 WILLIAMS, DONALD A.. - EMERY 3T 2,00 OVERPAY 91348700000 95/05/27-0017 HOLT. VICKY 6 HYDE, JEANINE N LOCUST ST 0.07 OVERPAY 91593300000 95/05/27-0019 HOLT, VICKY 6 HYDE, JEANINE W HICKORY ST 0.02 OVERPAY 51435200000 95/05/28-0025 SHOCKLEE-CARTER, ROSETTA E MCNINNEY 050 0.48 OVERPAY 51429$00000 95/05/29-0018 LASLIE, ROBERT E MCNINNEY 017 1.55 OVERPAY F 91474300000 95106/08-0012 A-1 LEASING 8 SALES DALLAS OR 0.10 OVERPAY E 03288100000 95/06/15-0005 BANKS, DOROTHY ESTATE' 51326400000 95/06/20-0034 DIAMOND. JUANIT' BASIIEY 57 TI: 0,89:OVERPAY MAYNILL 0025, 14,43 OVERPAY 01005800000 95106!25-0028 WIMMER, ROSIN P COLLEGE gARk 0 0.01,.OVERPAY 03538800000 95/06/26-0005 SMITH. CATHERINE ALINE WILLOWW00 ST 2.06 OVERPAY 54199200000 95/06/27-0009 MEEKS, JOHN WESLEY S MAYHILL 0 23 0.67 OVERPAY 51512900000 95/06/29-0035 MOERBE, NEVIN W. E MCKINNEY 047 1.06 OVERPAY 51410400000 95/07/08-0017 DIMARZIO, DOUGLAS TEASLEY 0256 L 0.53 OVERPAY 03440000000 95/07/23-0012 BICKLEV, N ALEX SP91NCER RO .;0.01 OVERPAY 03532000000 95/07!29.0022 EAGLE-PICKER 1N0,INC 1.360^ 0.01 OVERLAY 03130100000. 95/08/20-DO06 GAtt. JOHN 4 SIJNNYDALE ;tN ;I4 80.pItERP1lY d ::-__.~-ter. Ti t_.~ 1 i • i Agenda No- 917L Agenda Ile 4- 1 ORDINANCE NO. _ Date ::007 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 servi xs 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 prMded in the City Budget for the appropriadon 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_ VENDOR AMOUNT 1987 1 SOUTNSVEST tNTERNATIONAL S 80,200.00 1987 2 DALLAS PETE"ILT S 89,355.00 SECTION-11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, • specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION W. 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, 1 approval, and awarding of the bids, the City Manager or his designated representative is hereby • authorized to execute the writtea contract which shall be attached hereto; provided that the written i • • 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. 1 ?c • 1A r t ;,krt r. r 4 f r1' r}'A ~rr.~ Vi f y, Y^-1~~5? tF .......a...,':~::~ 3 ~e ~ .,._`L.-. s...:aL' ~ tl } ° =s'` ' ~ ~ r. i . F'i , i' 'urY ~,.w:rY3 , li r r; i SEC'II xu. Tbat 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 •I authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this day of _ 1997. Nk I JACK MILLER, MAYOR r „ATTEST: JENNIFER WALTERS, CITY SECRETARY re , e BY:i l APPROVED AS TO LEUAL FORM: HERBERT L. PROUTY, CITY ATTORNEY g' 7 r ' rye 9 . •1 BY: SUPPLY.ORD . f. r ,L ! y r ti r~ 1 Y ' y sf 2 3$ r r i I r r Cr31~+n- 'r♦ ......~rwwrr...ii... J,J a.r~.ww.l a.'~.+r,i~lW~Mr.~w..~•`J:, , e. DATE: JANUARY 21, 1997 t CIT7C COUrLMI"im TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager k SUBJECT: BID 01987 - REFUSE TRUCKS RECOMMENDATION: We recommend Item 1 and 2 of this bid be awarded to the lowest bidder meeting specification for each item as listed and that Item 3 be delayed for further evaluation. Item I Rear Loading Refuse Truck Southwest international $80,200.00 Item 2 Roll-Off Container Truck Dallas Peterbilt $89,335.00 Item 3 Front Loading Refuse Truck Under Evaluation _ TOTAL BID AWARD $169,555.00 SUMMARY: This bid Is for the purchase of three (3) refuse trucks. Item t is a 25 cubic yard rear loading residential refuse collection. Item 2 is a rolloffcontainer truck for commercial refuse truck for collection and item 3 is a 40 cubic yard front loading container truck also for commercial refuse collection. The 40 cubic yard front loading unit will be presented to Council for award at a later date. These units are motor pool replacements for older units that will be sold at auction. The lower price on sum I offered by Lane Star Volvo (A) and Dallas Peterbilt (A) is based upon a rear loading body that fails to meet our specification requirern;nt for external packing cylinders. Internal packing cylinders located Inside the refuse hopper create significant maintenance problems in comparison to the required external cylinders that operate outside the refuse collection area. The numerates bids submitted by the various suppliers are the result of different combinations of truck ' cab/chassis and packer body manufacturers. RAMS. DEPARTMENTS QR OgOIJFSAFFECME Solid Waste Refuse Collection and Motor Pool Operations. FISCALIMPACT: The purchase of the three units will utilize motor pool lease funding approved during the budget process, account #720-025-0582-9104. Attachement: Tabulation sheet Respectfully submitted: Ted Benavides City Manager Ap roName: Tom D. Shaw, C.P.M. Title: Purchasing Agent 119. AaaxDA k 3 _,r..!..ri-, r d';: t, ~l~.e ~F~~"`~>>~. . ~J;~y •.,Tp ~^"S A~~~~~~~~~~~ >~1~1'r~. P#~~}'~K 1~~~~~ ~ 4 r Dlll N M LONE. LONE LONE LONE D)DNAMF. REFUSEI'RUCKS DALLAS DALLAS DALLAS STAR STAR STAR STAR e, PETERBILT PETERBILT PETERBILT VOLVO VOLVO VOLVO VOLVO t: OPEN DATE DECEMBER 31,1991 (A) (B) (C) (A) (a) (C) (D) PAGE I OF 2 N DLSCRSPTION_--_-`-- --VENDOR _ VENDOR _ VENDOR- VENDOR VB3iDOE VENDOR _ Vi7m0A 3 1. 1 REFUSE TRUCK: 25 CUBIC VD REAR LOADING - S?9_~1DS N M 361 ^56219700 DAYS STATE DELIVERY TIME OF ARO - COMPLETE UNIT: _ 130 126 - wit$ 116 _ 1 1 REFUSE TRUCKr ROLL-OFF CONTAINER TRUCK 591 M - S69 i~SS M - 591 IS7_N $90,437.10 DAYS ARO DELIVERY TIME: COMPLETE UNIT 31 W124 3. 1 REFUSE TRUCK: 40 CU YD _ FRONT LOADING WITH SCALE _ - SI2SI~6SA6 $126,618.00 5126 16.06 $137,041M $124,506A0 _$135,191M S120K10 DAYS ARO DELIVERY TIME, COMPLETE UNIT 130 131 126.131 120161 120•U0 120-in J- ADDENDUM NI YT:9 1'E3 YES YES YES YES YES f I r mod, r ! r ~ r i i I I ; I 1 1 5 ) F ~ 1 t n f~J kr~ i! !t w; M 1 { ~ - V I }9~° V"'r~a Y~~ f 4 1.: lrr, l r.n~~ ••".'.C~F )o, d~.tll]11 )yti I r 811) 1 W LONE IDNE 8011'111 DALLAS DALLAS METRO METRO METRO ,I+ 81D NAME REFUSE TRUCKS In AR SIAM WFAT INTL MAC MAC FORD FORD FORD VOLVO VOLVO TRUCK i; OPEN DATE DECEMBER 31,19% (E) (fl (A) PI (A1 IR) (C) PAGE2OF3 / Iy b YEf1001t VENDOR Vomm VwD011 YINDOR YL - y YIZIDOIR 1zmom 1. 1 REFUSE TRUCK: 25 NDIC VD » WAN, - - - REAR LOADING DAPS STATE DELIVERY TIME OF j _ ARO COMPLETEUNrrr 121 win 145.1" _ 145-161 _ -143.I0 L 1 REFUSE TRUM ROLI.OFF CONTAINER TRUCK ff1 ILq - - DAYS - ARO DELIVERVTIME. COMPLETEUNrr 1261"__ 3 1 REFUSE TRUpt• N CU 1'D _ FRONT LOADING WITNSCALE 9138 M _ f1f! JFS f131 Atl - - DAYS ARO DELIVERY TIML COMnxm UNIT - 136151 116211 116211 ADDENDUM /I YES YES YES YFa TLS _ m YES I C t- e; Y • f r ~ r r-, 71R' ~9 q~ i~-(~,;(',u.' Tap ~-$":,RF"^#fPLC t.-,~ r ~ fl . 1 i INI- s Agenda No._.7_ --Oy Agenda [ten] Dale ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive sealed proposals 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 hr; reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor, and WHEREAS, llte 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: SFf:TION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the best responsible proposal for such items: RFSP ITEM ha IM Eg SIG. VENDOR AMOLIZ`JI 1970 ALL NTCS, INC. $241,500.00 SECTION 1. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Invitations, Proposals, and related documents. SRCTiON III, That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the 1 acceptance, approval, and awarding of the proposal, 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 Proposil and related documents herein approved and accepted. 1 Z~l c C. ~ \.~...w..._ e- _ • e ~17 i IJ'w - ` a E RFCTTnN tV. That by the acceptance and approval of the abo, a na-mbered items,of the submitted proposals, the City Council hereby aufrizes the arpenditure of Rinds therefor -m the amount and in accordance Wth the approved Proposal or pursuant to a written contract made pursuant thereto as authorized herein. SEC I ION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of - 1997. 1 y JACK MILLER, MAYOR h4 r 1 ATTEST: i~ JENNIFER WALTERS, CITY SECRETARY ; BY: APPROVED AS TO LEGAL FORM: r ' HERBERT L. PROUTY, CITY ATTORNEY ; BY: y • , 7111 w- 1 t y Ilk t~ • r "f,, of { ~ ~ it :M r~, ~ y ~ f ~ ~ ~ ► a G i ~ , . 0 ' + C i~~ b f d`w. f~' E ; , l v e ~1ri~..w~'ti.:.i • • a... ..war.....•. .v wuUtiu.F.-4rnnnn-.r-n.•~.n~-L li.._. f a.. ...._~r~.wY~ n.~. n+~r~Y 1j • DATE: JANUARY 21, 1997 CITY COUNcn REPORT 10: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: RFSP M 1970 - NETWORK CONSULTANT INFORMATION SERVICE ENTERPRISE NE'T'WORK DESIGN x REC ATION: We recommend this proposal be awarded to NTCS, Inc. in the amount of 546,000.00 for Phase I design and $195,500.00 for system integration ToW award $241,500.00. SUMMARY: Six responses were received to our request for proposal. The responses have been reviewed and interviews held with the throe short listed respondents. The recommendation to accept € the response of NTCS, Inc, was considered by the Information Services Advisory Board on December # 17, 1996. The Board approved the recommendation by phone and E-Mail ballot on December 23,1996, The Public Utility Board reviewed the proposal and concur with our recommendation. 4 r This proposal request is for a qualified consultant group to design and integrate an enterprise network } system for the City of Denton. This b-ad8et purchase is intended to upgrade the computer system Denton. It will include in its design the layout of approximately 300 throughout the City of Den workstations, standardization of software and numerous networking capabilities that will include, but not be limited to, improved communications, E-Mail and office efficiency. The proposal submitted by NTCS, Inc. was not the least expensive offering however, the NTCS, Inc. proposal Is a turnkey project. They propose to design, instal, and assure satisfactory performance of the operating system. They also have agreed to a price reduction if specific portions of phase 11 can be accomplished In-house at a lessor cost as the project progresses. PROGRAMSO MPARTMEMS_QBLHQIIPB.AFTECTED; Information Services Division, ' PC/Data Processing users throughout the City organization ; FISCALIWACT: Funds for this service were approved and are available in the 1996197 budget, r ti account 4468-044-comp-9647-8502, This is an acemnulation of General Government and Utility 5 funding. • Attachments: Purchase Order #71997 List of Respondents ar . Ressppeecttfi"illy submitted: r; '/.uGG~ 'S ~r I Ted Benavides t • City Manager r A roved: Name: Tom D. Shaw, C.P.M. c Tide: Purchasing Agent ere.aoaxaA , _ 3 ` ~ ~.rJ} _ c Yi y, ~ ` ~i;f•wY'ah p rr ~t}~!'~~. <.0.'~.pir `w F V~, ' .r; i ~fis!'• `v, `k' w.' 9{1f+• +7, ~ a~r{K Y r '7 frl' ~ 4 % o' 4 14011AAR OMP.11~ ANA now 11MS IS A y ktiokio4wimjllaPb ~ AN CWMMM ORDER F MARKEDI okw., box". Ps AM oft* aid bft Q 00 NOT DUPLICATE 3p Fla 6U Not 1970 ode 12-21-96 PW No. 1 ' CITY OF DENTON TEXAS 74Ap1A M WASION 1901-9 MM STMT 1 DBIfOK TEXAS 76201-4354 f 01713U-7100 DIFW No 6171267-0042 PAX 1017462-4092 6lOR . N1C60 INC. DELIVERY IIR016N1t1011 8XIMCM DRE$1 3601 I-3% NOM 601'!11 126 AOOIEM 601 9. NICNOR? 01111!0$0 'l1,W 76207 DOlONO, mm 76205 VENDOR NO. NTC 49100 DEUVI RY OIIOTEO 12-23-96 FOB D66?INIITION w a !9 TRIMS Ol 1 ZR V~ CBS, 1 N / A 11997 NNII! $60000.00 1460000.00 cm 1 92M pmm I ~ or Wasim NNl R 02 1 la •s1ooN CA?. 1 N/A ro N61s 7]1960!00.00 smo oo.oo CM 1 92056 ~ 6:6l~11 I0lano6AtloN Of NIFllpfa N 1111M06[ •i' } S y r, D raw 20 1 211x500.00, GI M 1 2410900.00' 01 466 044 COIF 9647 0502 2410500.00 w 1 1wM1 - 1101 M w w.w r.r,.r~ ~ f ' 1. MMr<tlue F06 DneMrla K0W1 wr.w.r. ~~.u L Ib 11w11 w tMA Mu IM " M t~iif Y Pfkn b" lwm • ~1 s I 1,9 1 f S r ly , ' •I u d ,a { rit ~ f 4 ny vp~v ast F w . Ii~ `~~ri~`'' MC 4,^~~,tl ~~'•'4Ya`+i~ j~ fi'. i' .:.a._._u„L. c. _.1.>h.3'.y. i Y RESPONDENTS TO RFSP ##1970 I J~ . T r k NTCS, INC. XL CONNECT COMP USA k DENTON, TX ADDISON, TX LEWISVILLE, TX w UHW CORP. NET, INC. AMERICABLE NETWORK ' CAMOLLTON, TX IRVING, TX DALLAS, TX r ~d e NOTE: Solicitadons were sent to thirty one (31) qualified service suppliers. The pre-bid was attended by representative from seven (7) providers. ' JY ~.S 4 v ii J . IY~(, lr . " J M1 • .,_~iyyyy'l~ift ; t~qG, ''Y. 1 e r' > .C I 1 6 r t•r ~ y r. • c.<t r, Agenda No. 77 r Agenda X Date q_- ORDNANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVD4 0 AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND NATIONAL ENERGY & TRADE, L.L.C. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a neA for interruptible natural gas purchases to provide fuel for the Spencer Electrical Generating Station; and WHEREAS, the City could realize price savings by purchasing gas on the spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Chapter 252 of the Local Goverment Code; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That it authorizes the Mayor to execute the attached Interruptible Natural Gas Sales and Purchase Agreement with National Energy & Trade, L.L.C. providing for the purchase of spot market natural gas. SECTION If. That is authorizes the expenditure of funds in accordance with the terms of the Agreement. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, Ci T Y SECRETARY i i. • BY: • NATURAL OAS.ORDINANCE r -^-.>~.ce.=~• J ' v , , 'T'om ~ x A' 1 6 . 'y + ~ • CITY COUNCIL AGENDA ITEM TO. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ted Benavides, City Manager SUBJECT: ADDITIONAL NATURAL GAS SPOT SUPPLIER CONTRACTS RECOMMENDATION: The Electric Utility recommends executing a contract with National Energy & Trade, L.L C., for natural gas spot supply, SUMMARY: National Energy & Trade, L.L.C. responded to requests for natural gas spot suppl) per the "Standard Contract, City of Denton Utilities"and met requirements of the City of Denton, Electric Production Division, and Spot Fuel Purchase Program for natural gas spot supply. BACKGROUND: ` In May 1992, the City of Denton instituted bidding procedures for spot purchases of natural gas whereby contracts were established with gas companies interested in participating in the City's monthly spot gas purchase program. • The Electric Utility currently has contracts for natural gas spot supply with Enserch, Mobil, Trinity, Tristar, Highland, Taurus, Cornerstone and Midcon Those contracts will remain in effect until either party cancels allowing competitive bidding on a monthly basis. Execution of a contract with National Energy & Trade, L.L.C.,wiIl extend the competitive opportunities for natural gas spot supply. 2 j ,.,:t '1 r off' r[,.l Fd1 (i7 • Yx. w 1 r k S~pJ 1 iti ' City Council Item Additional Gas Supplier page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Electric Production Division, Spot Fuel Purchase Program FISCAL IMPACT: Increase competition for the supply of fuel gas requirements. Respectfully submitted, Ted Benarides City Manager ~r Prepared by: Jim Tbune, ]ant Manager r'. Approved by, Approved by, at , R E. Nelson xecuiive Director Toa D. spar, chasing agent Utilities C . • Exhibits: f. Signed c ztract, National Energy & Trade, L.L.C. II. Tabulation Sheet ~ 0 3 a ' r [ ~ k~n'.1 ~I S i rt ' A, Standard Contract Standard Contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date: 12/01/96 National Energy 8 Trade, L.L.C. (SELLER1a Texas Corporation agrees to deliver and sell gas to the City of Denton. Texas f Buycri and BUYER usrcc. to purcha,c and receive said natural gas from SELLER pursuant to the temu and conditions hci eutahei ,et ti+tn 1. DEFINITIONS: The term "Agreement" shall mean this Interruptible Natural Gas Sales and Purchase Contract 2 , including Attachment A which is incorporated herein he term "month" shall mean a calendar month. The term "MMBtu" shall mean one million (1,000.000) British thermal units The term "Receiving Pipeline" shall mean the interstate, intrastate, or local distribution company immediately downstream of the Point Of Deliven,. The term "Buyers Notice" shall mean the letter agreement a ibrm copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER front time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and r, sale of natural gas in accordance with the terms thereof and this Agreenter t The term "Point Of Delivery" shall mean the location of the physical delivery, to the Receiving k Pipeline. 2. TERM: The initial term will be one year from the date hereof, and month to month thereafter, subject , to the right of either party to terminate this Contract on 30 day's prior written ifoke to tite S 0 other party. ~P 14 page 18 W _.-__.-___-,-.....,r-_c ,:w $.'t ~ l~•; ~ F`~. ~r4a'r I~V'.'~@1 ~..~Pa~.u~i'j~~'~~i. Yjr,~~~~1~~`~~,C ~L~~'A~~''y1~~~f~•;y, p~ ~~7t~~;i.,. in l+ 3. PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELIVERY: On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall be specified on the "Buyers Notice" shown in Attachment A Prices shall include and SELLER shall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser tares, and all other taxes and license fees which attach to the gas prior to delivery hereunder, Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Ot Delivery. 4. QUANTITY AND POINTS OF DELIVERY: Gas quantities and points ofdelivery will be specified on a monthly basis on the "Bu%crs Notice", as shown in Attachment A, signed by BUYER and by SELLER. Requests for bids. submission of bids, or preliminary correspondence ivill not act as a Buyers Notice and shall not be the basis for gas deliveries under this contract. SELLER shall dcli%er +uls quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER 5. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best etlbrt to receive. the gas quantities as specified in the Buyers Notice. Either party may at any time curtail or interrupt service with no liability to either party. The curtailing party will make diligent eRbrts to notin the other party of the situation within 48 hours. 6. INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes in points of delivery by specifying these requests in a revised "Buyers Notice" to the SELLER. If accepted by SELLER. SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER wishes to increase gas quantities or change points of delivery, he must notiN BUYER. and receive a revised Buyers Notice signed by BUYER to do so. 0 7. OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyers Notice" or at points of delivery not specified in the "Buyers Notice", BUYER sl,ail ! have the right to refuse the quantities ofgas and shall be exempt from any payments on those gas quantities. SELLER shall be liable for any penalties or excess storage or transportation • charges owed by the BUYER as a result of the SELLERS deliveries in excess of 4°ro of the • • Buyers Notice or at locations not specified in the "Buyers Notice" v- 5 page i9 4 i 1 8. GAS AND PRICE UNITS: All gas quantities and prices shall be in MMBtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry). Prices will be in U.S. dollars. 9. QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality specifications of the Receiving Pipeline. 10. TITLE: ! SELLER warrants for itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and la%%lbl authority to sell the gas and that such gas is tree from liens. encumbrances and claims of every kind SELLER shall indemnify and save BUYER harmless !'rum all suits. claims, licus. damages. costs, losses, expenses and encumbrances of whatsoever nature arising out of claims W-111% or all persons to said gas or the title of said gas SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim. liability or injury cuused thereby until the gas has been delivered to the BUYER at the Point Of Delivery, Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. 11. DETER.11*71NING PAYMENT VOLUDiES: On approximately the 15th day following the end of each month of gas delft eries. SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline. If these volumes differ from BUYER's independent monitoring of delk erieb or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (i) under protest, or (ii) upon final agreement being made on the delvered volumes by BUYER SELLER and Receiving Pipeline. BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production. sale, storage. or transpo ,ation of the gas. 12. PAYMENT • Within 12 days of receipt of the statement, BUYER shall make payment to SELLER fbr the gas quantities as determined in Paragraph 11. Payments statements should be directed to BUYER at: City of Denton Utilities Electric Production Division ; ► 1701•A Spencer Road t • Denton, TX 76205 IN Attn: Jim Thune. Manager, Electric Production ' 6 page 20 'fie • n ' t, t.l vv. lr d~ ~ 4. t ~ Y1nl ~ A lc~x~~f ~j.~ ~F\E5 <t L _ ..-..~..._.i..L aid.Y+.Yl~+L.Y.~.r.~_..a.... ~ ~....L..~_r.. ~aJ Y y 2¢{! 1 1 f 13. NOTIFICATION: t Communications regarding the performance of this contract shall be directed to: SELLER: BUYER: City of Denton Utilities National Energy i Trade, L.L.C. Electric Production Divisiun 3700 Buffalo Speedway, Suite 1100 1701-A Spencer Road Houston, Texas 77098 Denton. TX 76205 Attn: Jim Throne. Manager, Electric Production 14. PERFORMING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Recei%ing Pipeline. unless SELLER is given specific written authorization from BUYER to perform these nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supp?y of natural gas prior to Point Of Delivery. 15. EXCHANGE OF GAS QUANTITY INFORMATION: During the period of actual gas deliveries. SELLER and BUYER shall make available to each " other current estimates of gas flows at the Point(s) of delivery under this dgIWIWM for tile purposes of nomination to others and the monitoring of actual gas quantities delivered. If Seller is unable to provide current estimates of gas activity to BUYER. SELLER will assist ; r BUYER in obtaining said information from pipeline transporters, processing pkint operators. well operators, or upstream suppliers. 16. GOVERNING STATE: Tlus agreement shall be construed pursuant to t:,, laws ofthe State of Texas and %cnue fur its construction and enfo•cement shall lie in the courts of Denton County, Texas. SELLER: BUYER: Natio 8ne gy a Trade, L.L.C „r x u • gy; o 6lttie ez By; i } Tide: Vice President Title: Date: 11/27/96 Date: •4 7 page 21 y a ~ ~Jp'7 a~ ae a,y ~ (f~r5~ ~ti~h t^k~A ~ ~u ~ ~ZOY+` j ~ ..r-wYMY~.Yr`w~lY~.rb~rwr~ ATTACHMENT A DLNTolt Mc\ICIPAL UTILITIES-SPLN('ERSrATION 1701 A SrdCOr RGD Ockmm, Tow 7020E Ia 171383. 7a51 , Fwc: (1117) 3a3 - 7555 Dale: Firm Address • Dear Below Is a Buyers Notice for (month, year) supply to the City of Denton, Texas. Under this purchase the City of Denton, Texas, will take title to the gas at the point of delivery and be responsible terms of the payments Purchase contract. for subject to the BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT Buyers Notice Number: Contract Date: BUYER: City of Denton, SELLER: Electric Production Division All volumes and prices are based on mmBtu's, adjusted to 14.65 dry/dry. Prices are in US. dollars. Dales for Point of Pipeline Volume Price delivery delivery (MmBtu1 (SItumalu 14,650/0) 4.65 0/D1 Lone Star Accepted and Agreed Accepted and Agreed (Seiler) (Buyer) s Dated' Dated: To facilitate payment, please sign the above Buyers Notice and return via (u. attn: Jim Tllune 1L I A page 22 .t f t. m°V..: ll~? v+r„i' ~''S J i a s~ r •f,~t(~. logo" ~'J t Ya ~ ~ R ~ r x i ' rx T Y i l e. ~ y~:L`•3 i..~~ ~ t. x ~ ~ i 1. T. ~ ~ ~ y. ~ 1'ir JYf' BID M 197 1 r 1 C BID NAME NATURAL GAS NA71ONAL t ENERGY ' OPEN DATE DECEMBER 3,14)6 i TRADE A DE9CRIYIION VENDOR VENDOR VENDOR VENDOR j 1. i SPOT MARKET NATURAL GAS GAS DA FLY MEX I +.111 MMB771 • I MILLION (1,000,0N) BRITISH THERMEL VNM a r ;y S` . arl r r 1 ftr. y a' t~~g $ vT f r t i r' Nii 1 r' 1 1«~ r4;roses k iiijillillillillIlIllIIIIIIIIIIIIIIIIIIIIIIllliiiillllliiilI rV r v y. . . . • r • Agenda No. Agenda Item ORDINANCE NO. Oate_ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AU'T'HORIZING 'THE EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OPERATION EXPENSES FOR LAKE LEWISVILLE BY THE CITY TO DEPARTMENT OF ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contractual agreements with Department of Army Corps of Engineers, the City of Denton is required to the pay a share of maintenance and operation fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of maintenance and operation fees as presented; NOW, THEREFORE, THE COUNCIL OF THZ CITY OF DENTON HEREBY ORDAINS: SECTION-. That the expenditure of funds in the amount of 522,002.00 to be paid to Department of Army Corps of Engineers, is hereby authorized. SECTI DN II. That this ordinance shall become effective Immediately upon Its passage and approval PASSED AND APPROVED this the _ day of ,1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY j BY: _ rss.OaD ti • • • 1 '~]3 . a a_a'i.-.•.. ~ti_..,...~Y.,IL ~....~s,•,` 7flu,,;K Nk ~ 1._ ~ - f i 1 1 . ' 4 ,C S 1 B j ..,:..,...._:_.,d.,,...,...._. „ :.s........:.:...,...•..•..,. +.a .rrirYr.~als4r:~a. ' DATE: JANUARY 21, 1997 CIMCOUNCrt. RF PORT TO: Mayor and Members of the City Council FROM- Ted Benavides, City Manager SUBJECT: CHECK REQUEST TO DEPARTMENT OF ARMY CORPS OF ENGWEERS RECOMAaNDATTON: We recommend this check request to the Department of Army Cur t of Engineers, be approved in the amount of $22,002.00. SU3Z4ARY: This check req;:^. and related invoice is for the City of Denton's share (1%) of the maintenance and operation expenses for water storage in Lake Lewisville. Normally this expense runs between $3,500 and $5,000 per year. Repairs made on the Lake Lewisville Dam this past year totaling in excess of $15,000.00. We expect the cost to return to normal next year. 1 I The Corps of Engineers had given us advarce notice enabling us to include the increase in the 1996/97 budget. PROGRAMS.DEPARTTMBNTSQR.GROUI?S AFFRCrtI'n: Denton Municipal Utility Water + Production, Lake Lewisville Operations. FISCALIWACT. Funds for this expenditure are included in the 1997/97 budget account. Account #620-0810-0460-8502. Attachments: Copy of Check Request Bill No B0397084 Respectfully submitted: Ted Benavides , r City Manager > y' Approved: ,r Y ne: Tom D. Shaw, C.P.M. Title: Purchasing Agent l 820.AGEMA g. N , mom "r F CA .~B ,5 ~ °ml v9A 'rM?~r wC~ SI•y >'"~7 i v r r • - - 9'r..-_A. ~Jf era, 1P~" rl, .t-.Y..+L'..i."..~..,~Y.1•.vt,.hi. •1„..y~,;.,>:,u }r.a+ti•,[.. s . ...r-.. Poor Qu - tem., `7 SL h:.' . rTr ;r y rt~ 1'-r~• rl 1. •«.r ~'Y'SCTY'P~N~S''~"i1~"'^^-' ~o CHECK REQUISITION -VOUCHER "j, o t_r .f'Lif , t N reI 1Nr r. 'Ti ~ ~v.'u yY'T. ♦ k r li 'Y ten; i:,'1ij`~ f. ~r tiA~~~`r~l ~ f~(A f'.iYr ' f~ r • • rl'~ ,1 ~1 .lSf f ~ . . c i"~ r,( ,;1~.^...j, .J ~ '^r'r •;r/-¢,.;J~ ~j _'t. "r }a ~;s ~~..':r Yr~Y, a,i j a-a::1 i'r .~ek'-~';~y M ;'j' :1'..• .5 +f.aa xI, T,... J! 3e rj,~` h r•13f'l •'..3. -~f'~~.SS` ly'ky r PAY TO r,r r RWK 6A bFFICER USAED PORT WORTH * 1 ' ~ ' y ~ ~+ai1~,^i;~.,6~+Y`~r*~,~v;'ajPys EPARTMENT OF THE ARMY CORPS OF ENGINEERS .y 4 17.tY', } y o-, .229002.00 r a. •aq T r TINS CESWP-RM-FC - + e ^ WATER PRODUCTION fb 1f' '_y•~.~;',-. . .y'. t'a~K r{{{~~rr.~~~'{~ t 4fYpip:r t,',,, ~i' q:.DBANMNT r • `•r' r .0. BOX 17300 f+t}, f i~C4 • I~ { yw ut~1 ;al'12-27-96 •r._ 1 , i L k. I r•4 P' it r w p/t . DAR } i- FORT WORTH, TEXAS 76102-0300 1..o"^`H ; t 1`~ r f ryi 1 i T Y ♦ Y x K y L-{' M1 i f • tr• 1, Y .V, Yy '3 ; Y nf~ ~ • .S ..r ) ~ Y to l ~ - MOM DATE, NUMBEN ANDJOR EXPLANATION "or ' ACCL N0. ° NET INV. AMT. !F ..a. fr.'r4 1,Jfr' A e2~^' ,y "'~j j ~ { Vyi .~t.jr ;'}HILL# 80397084 620-081*-0460-8502 - 22,002 00 v' {DATE - 12/19/96 r ~1 . .:r y tk' 'j' ,.3i 4 s(.f,)1 1. f 6 ' y`OPERATION AND MAINTENANCE EXPENSE UNDER M yr~r .r': 'CONTRACT DA-41-443-ENC-1098 FOR WATER ~ STORAGE IN LEWISVILLE LAKE, TEXT S. , Fr n t; . ,r :DUE ON 01-01-97 . Y 4 r . y k ,,inf. f' • i e..,l 1 1,. i;,itiyyF{{;~Y .•.~}y i f...l'•tW s.t -:'."-f: 1 ~ y 1 1 p I 1 hJ ~rj r.r q .H a • - Y r 1 . a•. 't/"iW ml . r. .a ~.f-e♦F .4 ,{i pa_s-e s•d is. 1 , ~•r. bt i-fifr A S4 A1 1t Nw% f.t, t T ♦ ~M.. r Y..r r rY _ , 4 TAX ."Irati* fma $22,002,00 ' - r ,,.......f C 1 t ,~t. n7 'f.N ~ ~ 1.~~ fr~~ T.'r.ls • 1 - , 4 THE ABOVE NAB BEEN REVIEWED AND RECOMMENDATION FOR BILLING IB MADE BY THE UNDMANED,• .f it S tr, i ~T .J i. :Y i, 1e;,.yf { ~'fx 5~.~ i ~ i f~T l .i. A:.Y N. a_ _ 1 I ` ~ACCCUMTIIl6 APPAL «T • CRY MANADlI1 AMIgYAL DI , 06 V MANN AFFO OVAL 3 77 n ....,........w.cv....,..v....~..+......•._._.~~.d.~~i_~.~~~~~~.r......er.__~_AtG..rrw:wiu• • CHECK REQUISMON•VOUCHER, ASO PAY TO. owac w,.~u , FdA OFFICER, USAEO, FORT WORTH DEPARTMENT OF THE ARMY CORPS OF ENGINEERS 22 002.00 ATTN: CESWF-RH-FC WATER PRODUCTION ' ow%xnwff P.O. BOX 17300 I2-27sA-96 a FORT WORTH, TmM 76102-0300 ACCT. NO NEI INV. AMT. NVOM DATI. mumm ANDIM OW ANATNIN BILL/ 80397084 620-081-0460-6502 22,002.00 DATE - 12/19/96 1 ' OPERATION AND MAINTENANCE EVENSE UNDER CONTRACT DA-41-443-ENG-1098 FOR WATER STORAGE IN LEWISV I LAKE, TEXAS- DUE ON 01-01-97 • awl TOTAL $22,002.00 ~ k r J{ THE ABOVE HAI SEEN REVIDIVID AND RIOOMM61DAr*N FM MLUMG IS MADI IY THE UNOIMIQNM . a x y. C 3 ~.t..% J•tA~Of~ ACC+OUMTIMO II/MOYAL - MMIIiW cm MANAWR AFMANAI 4 OF FMAMC[ AL r r ! ' Ir°1° i e • i Agenda No.~ Agenda Ite © Date , CITY OF DENTON, TEXAS 3001#00DROW LANE • DENTON, TEXAS 76205 • TELEPHONE (81;7383.7593 ANIMAL CONTROL /CONSUMER HEALTH CI'T'Y COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benevides, City Manager DATE: January 6, 1997 SUBJECT: Interlocal Agreement between the City of Denton and the City of Corinth for the Holding and Disposition of Cats and Dogs RECOMMENDATIO Staff recommends the adoption of the ordinance. SUMMARY: The ageement states that the City of Denton will provide certain services to the City of Corinth for the impoundment and disposition of animals brought to the City of Denton from the City of Corinth. The City will hold these animals for ninety-six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasized or put up for adoption. ' The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the City of Corinth agrees to pay the fees set forth in the r t s agreement. Six dollars (56.00) per day per animal being held for the owner to claim. • Seven dolars ($7.00) per day per animal being held for rabies observation, 4 • • Fifteen dollars ($15.00) for each animal eutharvtsized. Thirty-five dollars ($35.00) for each decapitation end shipment. t r ~1 'Dedleafed to Quality Smteo 4 1 t`;. ' ~ 7 d til t~ 4 Yl is ' ~.ti~~y~ ~f«'S%A'3~a "-~.A a t,r, r(; .11 ~'~.}~~i~a.t45 k, .e l . I i % f4 BACKGROUND, The City of Denton and the City of Corinth have had interlocal agreements for the holding and disposition of animals for the past five years. The animals which have been brought to us from the City of Corinth have not caused conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs accepting animals from the City of Corinth will not result in an increase in expenditures. t PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Animal Control Division City of Corinth FNCAL IMPACT: It is estimated that the revenue from this program will be approximately two thousand fifty dollars ($2,050.00). This amount was included in the revenue projections provided to you during the budget presentations for the current fiscal yrar, Respectfully submitted: Ted Benavides City Manager Prepared by: v' Nonie Mal Animal Control/Con m Health Manager Approved by: ),o ae! Jc Exccutive$irect oPublic Safety 2 COIN t 97 A 17- v y~ S Y ~ 1 i t ~ Y ~ $J. ~l✓ ~ r t 4 y,i~ +~Ea 1. y~,~r~ r, ~~T,~ aMf~~s~~1~~Pa '~t1~. ~ d,' r 'A' t, e:caaurrx.uu, , ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AVD THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats ('Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 4 That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: IdA h 3 f 3 W X'. • ' r ' r STATE OF TEXAS ) INTERLOCAL COOPERATION AGREEMENT COUNTY OFDENTON ) WHEREAS, the City of Denton, Texas and the City of Corinth, Texas, are both municipal corporations with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of holding and dispo:,ing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the t ity of Denton is the owner of certain vehicles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the City of Corinth desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, and more fully hereafter described, for the benefit of the residents of the City of Corinth, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the cooracting parties; and WHEREAS, the City of Corinth and the City of Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interkcal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, the City of Corinth and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: 1. A. COVENANTS OF THE CITY OF DENTON 1. Holding of Dogs nd sk: The City of Denton agrees to accept and hold dogs r and cats lawfully impounded by authorized representatives of the City of Corinth ' t and to accept and bold dogs and cats brought to and released to the Center from residents of the incorporated areas of the City of Corinth under the following y terms and conditions: t e • • Page I of S 4 T i BR'S ' der` ~ ' 0 O;. r (a) Hold;ng Period for Doss and Ca t%: The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Holding Fees for lmnouWW Dog sad Cw: For the purpose of this Agreement, the City of Denton will charge six dollars ($6.00) per day holding fee for each day that an Mmal is held at the Center. This fee will be assessed against the mvna of the animal at the time the animal Is reclaimed. No animal will be reiessed until all applicable fees are paid in full. (c) Animals: The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Corinth when conditions permit, and such action is authorized by a representative of the City of Corinth. (d) Hn ' g Fees for tl7urantimd Aaiuvals: The holding fee for quarantined animals shall be seven dollars ($7.00) per day for each day that the animal is held. (e) Heat $h mentc and Rabies Jc9jU: Upon roquest of the City of Corinth, the City of Denton will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be thirty-five dollars ($35.00) for each bead shipped. 0 B. COVENANTS OF THE CITY OF CORINTH 1. nanciml : In order to reimburse the City of Deacon for its costs incurred under this Agreement, the City of Corinth agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the incorporated areas of the City of Corinth or its authorized agent if the animal(s) is not reclaimed by 0 its owner. These fees will be assessed on the following basis: 0 0 Page 2 of 5 S Jr sk • _ , r--- 0 1. , „f (a) Euthanized Animal $6.00 per day holding fee for four (4) days for each animal $24.00 $15.00 Euthanasia Fee $Ila Total Fee $39.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Head Shipments $35.00 2. The City of Denton will collect impound fees from the owners of dogs and cats received from the incorporated areas of the City of Corinth. Impound fee monies will be applied to fees owed the City of Denton by the City of Corinth for animals not reclaimed by the owner. lhff 1Nn FER Ist Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. The City of Corinth agrees payment shall be made within forty-five days (45) days of receipt of invoice by the City of Corinth. II. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City w of Denton in performance of th;s agreement with said City of Denton. The City of Corinth agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Corinth's employees, and ages is, the City of Corinth's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Corinth in performance of this agreement with the City of Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them _ e comparatively in accordance with the laws of the State of Texas. It is understood that it is not tD the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. Page 3 of 5 6 b • l11. The fact that the city of C,)riath and the City of Denton accept certain responsibilities relating to the collection and imp a)ding of dogs and cats under this agreement as a part of their responsil ility for providing prowtien for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a govesnmenW function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Corinth waives or shall be deemed hereby to waive, any immunity or defence that would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term of the agreement shall commence as of February 1, 1997 and end January 31, 1998. Thereafter, this agreement shall be renewed for successive additional one (1) year terms commencing on February 1 of each year if the City of Corinth and the City of Deacon agree in writing on or before the first day of February to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either pally may terminate this agreement, upon thirty (30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between the City of Denton and the City of Corinth and supersedes all prior negotiations, represesdations and/or agreements, either written or oral This Agreement may be amended only by written instrument signed by both the City of Darter,,. and the City of Corinth. Vl. 1 This Agreement and any of its terms or provisions, as well as the rights and duties of the S parties hereto, shall be governed by the laws of the State of Texas. VII. l 2 In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties bereto that the remaining portions shall remain valid and in full fora and • ' effect to the extent possible. Page 4 of 5 7 0 5 r J . V11L The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the day of -11997. CITY OF DENTON BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PPUTT CITY ATTORNEY BY: oa~ W W5 a • ~~/4 CITY OF CORINTH, TEXAS BY: 1 • SHIRLEYS ERG, MAYOR ATTEST: y K STIN GRA GER, CI' SECRETARY APPROVED AS TO LEGAL FORM ATTORNEY FOR THE CITY OF CORINTH BY: 8 Page 5 of 5 p ; 0 • T. 1%'r K i, y lei G w e ~ ~ ~ lks v 0 .ir"r y} r 3 a Agenda No. Agenda Item Data January 11, 3997 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ted Benevides, City Manager SUBJ: CONSIDER AMENDMENT TO THE JOINT USE CONTRACT BETWEEN THE CITY OF DENTON AND GENERAL TELEPHONE COMPANY OF THE SOUTHWEST FOR TRANSFER OF TELEPHONE ATFACHMEN M RECOMMENDATION: The staff recommends approval of the subject contract amendment. SUMMARYiBACKGROUND: The existing joint poles use contract, dated July 25, 1469, between the CITY and GTE defines the terms under which GTE may attach their facilities to City of Denton poles. This amendment calls for the addition of new Article XXI that deals with transfer of GTE attachments by the City's utility personnel Under this new Article, the City agrees to tmnsfer the serial attachments belonging to GTE which are attached to city poles when such poles are being replaced, relocated, repaired and when additional poles are added. GTE agrees to provide the CITY the necessary hardware to perform the transfer according to GTE apecifimtions. GTE will pay the city $30.00 per pole attacbment, and $45.00 for placing new anchor and guy per pole. The above charges can be modified within 66 days of written notice by either party. 0 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities. O I _ B. Y 1 ~nhfyc 0 P ;IF :J v"9 nt`J*J~s^C•~LNZ~~ ~.~~4 1b ff.~}k v'vr tae, t'i t f , } a 1 . , a• ~I, h w1 k~ t .t. '~r~`" i .L - ......w........wa:r~d...ao....,... '.u t7.S_..1.~1 . s' t 1•r. J. ,..lvy 1.,i3'awrw.fi.+Yr~'r!'lli:~}L'•'~tl~ia+'~i . FISCAL IMPACT: Additional revenue for city utility department. Improved productivity. F,. Respectfully submitted, ' i2dnav"idcs, City Manager - ` Prepared by: a; Sharon Maya, Director Electric Utilities 6 1 Approved by: R. E. Nelson, Executive Director Utilities EXHIBIT 1: Ordinance II: Contract Amendment 41~r i 111: Original GTE POLE Contract x~ - g021796 ~a t 4~ 7 , -"V' A .Y(~ 4As ,Ch , udti a ,:zs~ t ~ u. , • +r r } " f (e S .y a a at't kj (i.1. 1 ••r;, . '.c3 _..9 • 6e\XPDXS\ORD\OT XWS.ORD ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECU'T'E A SECOND AMENDMENT TO THE JOINT USE CONTRACT RELATING TO THE USE OF UTILITY POLES BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED; AND PROVIDING A EFFECTIVE DATE. ` WHEREAS, the City of Denton and GTE entered into a Joint Use j Contract relating to the use of utility poles on July 25, 1967 and a entered into an amendment of such contract on January 29, 1980; and t WHEREAS, the City of Denton and GTE believe it would be mutually beneficial to enter into a second amendment to such Joint Use Contract; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: y SECTION I. That the City Manager is hereby authorized to 1 execute a second amendment to the Joint Use Contract relating to 1 the use of utility poles between the City of Denton and GTE ; Southwest Incorporated, a copy of which is attached hereto and incorporated herein. { SECTION II. That this ordinance shall become effective immediately upvn its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR v r= j ATTEST: rr JENNIFER WALTERS, CITY SECRETARY F` r" BY: 4 ~ APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY • • BY:!GY7rt~1 C ~Gf ,;,"M "!i::a:;~,~r'".:Ay, a:.. 's>~y J~A'~'C°v✓h Ji'~ Sh' t '"`-'•-:,.Y, 1 All 5 • 'Wig a i '0 AMENDMENT TO AGREEMENT CITY OF DENTON, TEXAS, a municipal corporation, and GENERAL TELEPHONE COMPANY OF THE SOUTHWZST, now known as GTE SOUTHWEST INCORPORATED, a corporation of the State of Delaware, entered into a Joint Use Contract, dated July 75, 1967, and now desires to add Article XXI to the Joint Use Contract: ARTICLE XXI TRANSFER OF TELEPHONE COMPANY's ATTACHMENTS "CITY" will transfer the aerial attachments belonging to "TELEPHONE COMPANY" which are attached to "CITY'S" poles when such poles are being replaced, relocated, repaired are when additional poles are added. (a) Aerial attachments are defined as cables, strands, drops, down guys, anchors and associated hardware which are located on "CITY's" poles. No transfers will be made to poles contacted by load coils, riser cables or other specialized equipment belonging to "TELEPHONE COMPANY". (b) "TELEPHONE COMPANY" will be responsible for providing such associated hardware required for transferring of "TELEPHONE COMPANY's" attachments. (c) "CITY" will make transfers in accordance with specifications attached hereto in EXHIBIT A, H and C. "TELEPHONE COMPANY" reserves the right to inspect all transfer work performed on "TELEPHONE COMPANY's" attachments by "CITY". • (d) "CITY" will submit to "TELEPHONE COMPANY", on a monthly interval, an invoice showing location, date, type of equipment and cost of each transfer, after transfers have been completed. "TELEPHONE COMPANY" will pay invoice amount within 30 working days of receipt of invoice. • (e) Price for transferring all attachments, except anchors • • and placing new down guy, will be THIRTY dollars and 00/100 ($30.00) per pole. .._....s. y SS i! 1fJ (f) Price for placing new anchors and down guys will be FORTY-FIVE dollars and 00/100 ($45.00) per pole. (g) This Amendment shall not preclude the right of "TELEPHONE COMPANY" to perform transfers of "TELEPHONE COMPANY's" attachments on joint poles; nor shall it obligate "CITY" to perform all transfers of "TELEPHONE COMPANY's" attachments on joint poles. (h) The prices to be charged "TELEPHONE COMPANY" under subsections (e) and (f) above shall be effective January 1, 1997. Such prices may be modified by "CITY's" City Manager (or his designee) and GTE's Manager (or his designee) by mutual agreement of the parties approved in writing by such representatives. If GTE's Manager is unable to mutually agree to the prices recommended by "CITY's" City Manager within 60 daya of written notice Yrom such City Manager of the price modification, the "CITY'S" City Manager may give written notice to GTE that the "CITY'S" services under Article XXI are terminated. In witness whereof, the parties hereto, have caused these presects to be executed in duplicate on the day of ~r 19.• CITY OF DEMTON, TEIAS BYt TITLES GTE SOt TMST INCORPORATED BYt • ' TITLE: Manager Infrastruc ure Provisioning Support` APPROVED A3 } + TO FOPM j LAW DEPT. 5 . A • ~,y v~ v, ~ •I~ r ryil` ~o~H :5"yrT~~~'J:Q >i wll. 4fy d`' P~ dl fP~y w"~ti~»•' '~.r....u.._._ - - ~••1:!. •r'(k_° °.yl.::~, l r;~w t i~ni W''kk'S ~'V x3~7,'~~ ~~°~~Yf 'i, ',7 ."1 {y `S~. "EXHIBIT A" GTE SOUTHWEST INCORPORATED I !I I1w 1/! In. /fd Oleo NOTE Strand should be bonded and grounded to the vertical ground wire J RECOMMENOE9 INSTALLArION LASH a07ESr CABLE 1, ndtFO 9 OA C LASH SUPPORT THAOUGH SAAB ~N i0 PI/btE fj,~F i IF USING C L% M OR OMTECn' CA" SUP- pORT rXK CUT AS~MqOF • tAY+I ASgIYN~AOR~S~fEIY. IMPROPER INSTALLATION AVOb' . EKCfSSA • • f10E I0A0 dti pp NOT OF fIE AGAMf ►vilAP , SOE OF LASNER FtsTa .rules' OUTSIDE of r SPACE i05 w THE SPACES AS V; mnea MtUPA AEWE fHIS LETW0 OF VMM AAT10M wRf NOI, %EGW'eLY ' .'.i FASTEN fW SPACEnf to TIIE'AS~IABCY OWN" k I i t. 1 `Y ♦I % , t ~ ° ~1 5~~)1t~ ~f4~y f~~~,i•~Y, yr' t~l~~j~~l 1~,,, ~ ..u isM . +....._......a ....i1.L~~ 1...li~:lr\~ .s u~ 1~:sLi.L:L-ai .',L'+. 1•~ iYYilw~~ ~ ~e "EXHIIT 8" GTE SOUTHWESTBINCORPORATED INSTALLA'[ M LASMG CABLE ViTHOUT SPACERS AND SUPPORTS r R: ~I rat, F ~ 1 I !1l1~ • C I s CAeuc CUAxo r TY I 1X r•, in I • Y 1 t S~t ~f ~ l f 3 l } 1 k, Y. C , S ~ t~x~1 N~ i tyl ~'~'¢`(i fj~ `r t l ~ Y~. ~ ~ S~r;, w ~ p M 65 y`4h rs~,Y n I.:ru r ~ 'tlUA M ~~f 'r r L~ :A A ,g yy~ *I 3) Ir , ,:.v C+. >t .a oh. Sly 1.~y( fa"ti'o ° F 0M"S It w" 4 • ~'1 a ~ ~ as g ( i~ E~ 3~i.~y '~t1 i1".;. r, It~:+ r'K }i} s r:l f ,'~n. u A, 1. ...~.........,1.:Jr'J...~::+.:✓~:SS.':.:.s'a'.a'.t~;i. 'H: n.{~.A'L~..Sy"i r;1''s~r. 1 yr S d s r' r "EZBIBIT C" GUIDELINES FOR PLACMNT OF DOW GUYS AND MCBORS a It Replace down guys with like size and kind y\ * If a new anchor is to be set, utilize a 12 inch screw `l or a 8 way type furnished by GTE Southwest ' Incorporated. 0 Z' * Poles with a side guy must be set in the same hole or a new anchor placed in lead. V( W^ • The lead on an anchor moat be maintained between 12 and 18 feet. Sidewalk guys should have a lead to insure ".~i Proper clearance over sidewalks. • Place guy guards when an anchored guy is in such a location that persons, vehicles, or animals are likely to run into it. wt . rr f Pt,~ J ~4YL l Jri / S ti) y ~A ~S EI A ' r ~ r ` k v ec-sz. + , ~ fi'x' Y+,~'Y N ~.`~~r 4 • b. r" •;r; ~y r~~~d+.Y~'~r 7:, A ;A, r i i i ~ _ ..w _ _ . ,~~L...... w.Y~'Pa~VLti,J,A,,V,f/lV!W kw...'`, Agenda No,l~ E Agenda Ite Oate _ , CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: January 21, 1997 SUBJECT: 2nd Amendment of the GDAC-City Contract Relating to the Campus Theatre RECO~M NDATION Staff recommends approval of the amendment to the Agreement between the City of Denton and the Greater Denton Arts Council. SUMMARY Approval of this amendment will amend the level of utility service consumption by GDAC for which the City will reimburse GDAC. The cost of utility service in the 96 Fiscal Year was $20,028.30. The estimated cost of utility service for the 97 Fiscal Year is $32,468.27 which reflects an increase of $12,439.97. Utility service consumption figures are based on electricity, water, wastewater, natural gas, and solid waste removal services. BACKt 3ROUND In October of 1990, the City of Denton and Greater Denton Arts Council entered into an Agreement regarding the lease of the Campus Theatre. In the Agreement negotiated by a Council Sub-Committee and GDAC representatives, the City agreed to pay utility consumption expenses based on the current levels of consumption along with a portion of the maintenance expenses for the Campus Theatre. In August of 1991, the Ist Amendment was approved by Council. This Amendment provided revisions to Schedule "A" which clarified the annual and monthly utility consumption figures for the Campus Theatre. The utility consumption figures were based on a building which was being renovated and not occupied for the full year. The 2nd Amendment repeals the Ist Amendment and increases annual and monthly consumption and usage amounts for the Campus Theatre based on a full twelve month utility consumption history. - PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Greater Denton Arts Council, Denton Community Theatre, and the Citizens of Denton 1 t • a , a y J 4 ' a i 6S n 1. ' , u .^i'.: Y ~ r i ♦ ~ a Y,., a .y , r. b i~ } : t2rdii nv °....r. " , City Council Report 2nd Amendment City/GDAC Contract January 21, 1997 Page 2 FISCAL IMPACT General fund monies were appropriated in the 97 Fiscal Year budget for this projected increase. Account #100-041-020M-8999. i r Respectfully submitted: " Ted Benavides i City Manager i F^ Prepared by: J try Will' s Assistant to the City Manager , r 1 Attachment 1: Ordinance 90-131 - Contract Between City and GDAC Attachment 2: Ordinance 91-134 - 1st Amendment to Contract Attachment 3: Ordinance K' 4 f t b` . H j F t 11 as ~ r~ ,0-f r 1 AMMME h' laa y, \ r 5 a, 9 y~" ',~V~AiciA'aS,! Far~;cF r~X ) i ,r go Y, • r . . .:v.. ...a....a..:t...rat'f,a rYfnra•Sf.ArtAJt'ui1.4"dvid•'^f.J.L"tKY'Mr41(~R}M14H!O~f!KVMJXAYMYMYIAIliQ1f'..c+..re*...~.. - ATTACHMENT.1 ORDINANCE NO. D " AN ORDINANCE APPROVING AN AGREEMENT EFTWEEN THE CITY OF DENT AND THE GREATER DENTON ARTS COUNCIL! AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to the Greater Denton Arts Council, in consideration of the valuable public services to be furnished by said organization to the City cf Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY-OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Agreement attached hereto, between the City of Denton and Community Clinics for Denton County, and authorizes the Mayor to execute said Agreement. SECTION Ii. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the42?~~ day of 1990. BOB CASTLEBERRY, MAY R ATTESTS JENNIFER WALTERS, CITY SECRETARY y BY: APPR V D AS LEGAL FORMS DEBRA D YOVITCH,- CITY ATTORNEY BY: .12 L~k Page 3 d 3 d . ~ J i e 1 c d ar3:: 1~y^ cd d y!~'~7 6 r • aC ) , s .r 2 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL THIS AGREEMENT is made on this the day of October, 1990, between the city of Denton, Texas, a municipal corporation (the "CITY"), and the Greater Denton Arts Council, a non-profit corporation incorporated under the laws of the State of Texas (the "ODAC"). 83StiiTaL@ WHEREAS, the GDAC is a non-profit corporation dedicated to the promotion and provision of artistic performances of all kinds for the benefit of the citizens of Denton; and, WHEREAS, the GDAC has executed a contract for the purchase of real property, together with the improvements thereto, located at 200 West Hickory, Denton, Texas, (the "Theater"), for the purposes of restoring and refurbishing the Theater, through the use of private funds, and utilizing it to provide the citizens of Denton with artistic performances and presentations of many kinds including, but not limited to, music, theater, and dance; and, WHEREAS, the GDAC has agreed to allow the CITY to use the Theater for the purpose of holding public events, including public meetings, events held in connection with the Denton Main Street Project, and events sponsored by the CITYI9 Parks and Recreation Departments and, Agreement finds will that the GDACIS performbanceO ofhtheitt rcros of lthis the CITY citizens in a manner consistent with the type of benefits histori- cally provided to citizens of municipal governments; and, WHEREAS, 'the GDAC having agreed to refrain from requesting, during the term of this Agreement, any extension or renewal of its existing contract with the CITY for the payment of certain hotel tax revenues collected by the CITY, or any other hotel tax revenues for the purpose of restoring and refurbishing the Old Steam Plant; • NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the ' GDAC agree and contract as follows. I. COVENANTS OF GDAC ' • • • A. Use of Premises. GDAC agrees to use the promises for the purposes of conducting meetings and other events (including fund raisers) of its member organizations, and conducting artistic Far- formances, including any rehearsals thereof, for the benefit of the _ citizens of Denton. GDAC may also rent the Theater in accordance with the terms contained herein. PAGE 4 MAP P1 I Its i r x. x, ,paw 3 GDAC will not permit Theater to be used for any event or in any manner which will violate City ordinances, for any un:liwful or commercial purpose, except in accordance with the terms of this Agreement. GDAC shall adopt rules and regulations governing energy conservation in the Theater and rental of the Theater, which shall be approved by the CITY. In the event GDAC should rent the facility to a non-member. non- public organization or individual, GDAC shall notify CITY of such rental in writing. In such event, CITY shall recsive a credit against its monthly payment obligations under Article III. A. Each such credit referred to in Article III. A. ,j "utility rental charge" shall be equal to one-thirtieth (1/30) of the amount of the CITY'S obligation for the succeeding month. 8, city Use. GDAC agrees to permit the CITY, its agents, officers and employees to utilize the Theater, without charge, for the purpose of holding city-sponsored events, including city- sponsored public meetings of any and all kind, events held in connection with the Denton Main Street Project, and events sponsored by the City's Parks and Recreation Department. CITY agrees to comply with the scheduling requirements applicable to GDACIS member organizations and recognizes that it will not have the right to preempt an event previously scheduled. C. Additional Consideration. 1. GDAC agrees it will not request an extension or renewal of its existing contract, authorized by ordinance 90-034 of the City Council, or request additional payment of hotel tax revenues to GDAC for the purpose of renovating the old Steam Plant. 2. GDAC represents and warrants to CITY that it has not expended any monies received from CITY'S hotel tax revenues for the acquisition of the Theater, and agrees that no such revenues will be expended on the Theater during the term of this Agreement. 3. GDAC agrees to recognize and acknowledge the financial contributions of the CITY to GDAC in publicity literature i prepared and distributed by GDAC, including, but not limited to, theater programs, press releases and pamphlets. I 4. GDAC agrees to pay when due all utility bills, taxes, f! • licenses, permit fuss, or any other fees rendered or levied ® • j against the Theater. J 5. GDAC agrees to work with CITY to design and implement programs which will further the public purposes of this Agree- ment. PACE 5 Z. ZP0, • • it 4 II. TERM The term of this Agreement shall be for twenty-five (25) years, commencing October 15, 1990, and terminating at midnight on September 30, 2015, provided however that if CITY is unable to appropriate funds for subsequent fiscal years to continue the funding provided for in Article III hereof, CITY may terminate this Agreement at the end of the then current fiscal year and shall not be obligated to make further payments under this Agreement. Each annual period of this Agreement shall commence on October 1 and continue through September 30 of the succeeding year. III. COVENANT$ OF CITY A. Utilities. Beginning October 1, 1991, and continuing through the billing cycle for the period Including September 30, 19931 CITY, in consideration of the services performed by GDAC, agrees to reimburse GDAC monthly a sum calculated upon utility services provided to the Theater by City of Denton Utilities and Lone Star Gas Company based upon a fixed annual allotment of electricity, water, solid waste volume and natural gas, as reflected on Schedulq "A", attached hereto and incorporated by reference herein. Should CDAC rent the facility, the CITY'S monthly payment following the rental date shall be credited in an amount equal to the utility rental charge as defined in Article I. A. Not later than May 31, 19930 GDAC shall meet with CITY'S representatives and mutually agree to a schedule of utility I consumption to replace Schedule "A", Commencing with the first billing cycle aFter September 30, 1993, for the remainder of the term of this Agreement. The schedule shall be calculated based upon the Theater's utility consumption during the previous two years. If the parties are unable to mutually agree to a new schedule of consumption, the decision of the CITY shall be final. B. other Payments. Commencing October 1, 1991, CITY shall reimburse GDAC for expenditures made to pay for repairs to the Theater. Such expenditures shall be reimbursed only If CITY has approved reimbursement prior to the performance of the repairs. During any annual period of this Agreement, as set forth in Article II.1 the CITY shall not pay to GDAC Lore than $5,000. It is agreed that the CITY will not approve reimbursement for janitorial expenses or expenses incurred to remove asbestos or other hazardous substances from the Theater premises. Payments made under this - • section are for the sole purpose of reimbursing GDAC for expenses • O incurred in repairing or mending Theater fixtures, The total sum of all amounts paid by CITY pursuant to Section III. A. through the billing cycles for the period including March 310 1992 shall be applied as a credit against the CITYIB obliga- tions set forth in Article III. B. By way of example, if the CITY PAGE 6 t » • C ~ - i. ~ .PA _ o.;`µekNVM n..br~.anr+-.... 5 were to pay $13,000 to GDAC for utility services through the billing period including March 31, 1992, the CITY'S obligations pursuant to Article III B. would not commence until October, 1993 and the CITY would be obligated to pay not more than $2,000 during the following year. C. Energy Efficient improvements. CITY recognizes that GDAC may choose to invest a minimum of $75,0001 the first $25,000 of which may be used for general repairs and improvements, for the purpose of constructing major structural or equipment improvements to the Theater which, in the opinion of the CITY: (1) are energy efficient! or (2) will extend the life of the building for a number of years. Should GDAC expend $75,000 for improvements to the Theater, the CITYNB obligation under Article III B. shall be increased to provide for approval of payment for expenses to repair the building in an annual amount not more than $7,500 if: 1. GDAC has submitted the plans for each proposed improve- ment included in the $75,000 sum to CITY: 2. CITY has determined that construction of each such im- provement would meet the requirements of this sections and 3. GDAC provides the CITY with proof of payment for con- struction of each such improvement on or before Sepuember 30, 1993. If any of the improvements constructed include goods donated or services performed by individuals or organizations which are engaged, in the normal course of business, in selling such goods or performing such services, GDAC may submit proof of the donation of such goods or services and an opinion as to their market value to CITY. CITY shall then determine the market value of such goods or services and shall apply said amount as a credit against the $75,000 requirement. • IV. TERMIFATIOII A. Default. Should GDAC breach or fail to comply with any ' provision of this Agreement, such breach shall constitute an Event of Default on the, part of GDAC. If an Event of Default occurs, the CITY shall give GDAC thirty (30) days to remedy the breach. if the breach continues after thirty (30) days, the CITY may terminate the • Agreement immediately upon written notice and shall not be • • obligated to make any additional payment to GDAC. Howeve*., if the breach cannot be cured within 30 days after aotiee, but GDAC has undertaken, in good faith, to carry out a plan to cure the breach, and provides CITY with proof of such effor*s made in carrying out the plan, GDAC shall have additional time to complete said plan to pAGS 7 • 6 cure the breach in accordance with the plan, as approved by the CITY. S. Unavailability of Funds, The payment of money by CITY under this Agreement is contingent upon the availability of funds appropriated to pay the sums pursuant to this Agreement. In the event funds become unavailable due to non-appropriation, CITY may notify GDAC in writing and terminate the Agreement. C. Other events. This Agreement shall automatically terminate upon the occurrence of any of the following events: (1) If the Theater is damaged or destroyed by fire or other casualty to such an extent that in the CITY's opinion the continued operation and use of the Theater is not feasible; (2) The termination of the corporate existence of ODAC; (3) The Insolvency of ODAC, the filing of a petition in bankruptcy, either voluntary or involuntary, or an assignment by GDAC for the benefit of creditors; or (4) The sale of the Theater. D. Termination by GDAC. GDAC may terminate this Agreement upon 30 days written notice to CITY. Ve REPORTS ODAC shall furnish to the CITY a report of the services performed by the GOAC under this Agreement within thirty (30) days after the end of each fiscal quarter of this Agreement. such reports shall summarize the activities of the GDAC in performance of the services specified in Article I and enumerate expenditures and receipts for the preceding quarter. GDAC shall also notify CITY in the event any lien is filed against the Theater premises in the Denton County Real Property Records. QDAC shall provide CITY and its Executive Director of Finance or his designee with full access at all reasonable times to the Theater and to the books and records of the QDAC which may relate 1 to the Theater. VI. INDRMIFICATION • A. Indemification. GDAC agrees to indemnify, hold harmless, t and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the GDAC of those services contemplated by this Agreement, including all such claims or causes - s of action based upon common, constitutional or statutory law, or • based, in whole or in part, upon allegations of negligent or intentional acts of GDAC, its officers, employees, agents, contractors, licensees and invitees. 8. Insurance. GDAC shall obtain and maintain general public liability insurance in the amount of not less than $1,000,000. PAGE 8 • 1 P 7 Such policy or policies shall be issued by companies licensed to transact business in the State of Texas and shall name the CITY as an additional insured. GDAC shall submit proof of such insurance satisfactory to CITY. Any policy or policies must include 30 days notice by carrier to the CITY of its intent to cancel, materially change, or refuse to renew coverage provided. CITY reserves the right to adjust or increase the liability insurance amount3 required of GDAC, and GDAC agrees to meet any such insurance requirements as CITY may require; provided however, that any requirements shall be commensurate with insurance requirements at other public use theaters similar to the Theater, in size and in scope of activities, located in Texas. GDAC agrees to comply with all adjusted insurance requirements that the CITY may require within sixty (60) days following the receipt of a notice in writing from CITY stating the adjusted requirements. C. Bensfit. This Agreement is entered into for the benefit of CITY and GDAC only and is not intended to benefit third parties. VII. STATUS OF PARTIES It is understood and acknowledged by the parties that the relationship of GDAC to CITY is that of an independent contractor. ODAC shall have no authority to employ any POLson or employee or agent for or on behalf of CITY for any purpose. VIII. KISCELLAMEOUS A. Assignment. GDAC shall not assign this Agreement, provided however, that GDAC may, subject to CITY$S written approval, execute an agreement with one or more of its member agencies or representa- tives thereof to manage the Theater. Do Motice. Any notice required to be given under this Agreement, or any r,tatute, ordinance, or regulations shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand- delivery, addressed to the respective parties as followas • ?i: Greater Denton Arts Councilt city Manager Executive Director F ' city of Denton Greater Denton Arts Council 215 E. McKinney 207 South Bell Denton, Texas 76201 Denton, Texas 76201 • C. Application of Lars. All terms, conditions, and provisions • of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 0. Esolusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the PAGE 9 i s 1 .Y Y. Al f , CJ • • I S , parties hereto concerning the subject matter contained herein. There are no representationi, agreements, or understandings, oral or written, express or implied, between or among the parties relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement fr-Im the terms of any other document relating to this transaction. This Agreement shall not be changed or amended except by instrument in writing executed by CITY and G19AC4 se Headingse The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. P. Notice of Meetings. GDAC shall give CITY+s City Manager advance written notice of the time and place of general meetings of the GDAC Board of Directors. Such notice shall be given in the same manner and at the same time as notice in given of such meetings to members of the board. CITY's City Manager, or his designee or any City Councilmember may attend any board meeting at which any matter relating to the Theater is scheduled for discus- sion. G. Nondisoriminatione GDAC agrees to comply fully with all applicable federal, state and local laws, and rules and regulations promulgated thereunder, regarding nondiscrimination. Specifically, GDAC agrees that no person shall be denied or refused service or other full or equal use of the licensed facilities, nor denied employment opportunities by GDAC as a result of race, creed, color, religion, sex, national origin, age, or handicap unrelated to _ ability. N. Nonwaiver. The waiver by CITY of any breach of any provision'eontained in this Agreement shall not be deemed to be a waiver of such provision for any subsequent breach of the same or any other provision. i • I. Compliance With Lause GDAC shall comply with all applicable federal, state and local laws, rules and regulations. Executed this the day of , 1990. CITY Of DENTON BOB CASTLEBERRY, MAY R F PAGE 10 _ r r { ~ w.~ e> F ~ i e ,S 4{ fi le \ pps i 1 i ' rr+ r r ',r a + $ 1 '`'~'fi~,~"`td ,.a .IC` y~ s F• S. t~ i ~ a ~ A. .4a?; ?+'.'r+-y ` i,y' At aj 2i >~,`y ~ n P l ,.a}. ~ra,~F w 3''~~. ~~iriS~W: lhl~tyy.~y' i•~~M• 0 4 r • 1 e' r r I r ~ L1y L~ti~' tip: e:~ s7N ~a)~J? tK/~ly~.G ATTESTS JENNIFER WALTERSt CITY SECRETARY 1 BY s _ APP D AS TO LEGAL FORMS DEBRA A. DRAYOVITCHo CITY ATTORNEY BYS ~A GREATER DENTON ARTS COUNCIL l,r` y 3 s~ F r rt 1 BYs • JO AO WHEELERo PRESIDENT y ATTESTS BYS KENT SCHROEDERj SECRV4ARY a~ rtl k rL} PAGE ' l G• ' " . 4 Y r p Y. 1 p 14 Y r L'~A t 1 Y. ~+~Y 4 x,,'fi t~x~~r`1 ~ Y¢¢~~1~n rluF~'Y*y 'l~ }1 Mrfi . •"...i 'rn.S. V..ilY [.AX1J4.UYiJ1~.~Tr Wr.uvM 1 ' i. L. 10 1. 8C9EDDL$ u~u L I. II. III. S Utility service Annual Consumption Monthly Usage Electricity 180j000 KYIfi consumption 15, 000 K4►H , 100 KHH Water i Sever 100,000 gallons 8,333 gallons Natural Gas 750 cubic feet 62.5 cubic feet: h'•, S K On or before the 5th da of eaah month CITY shall t day , pay AD11C a sum equal , to the utility billing for the consumption of the utility services s enumeraed in column III. The CIVY shall pay all regular monthly charges from the City of Denton for removal of solid waste. n Y I ' S 1V . t ~ ~G S ! v- i • ~r rt ~ • CJK L Yage 12 r, . v'r.•.esulyyr / ivMe"/.IM,'c+i.f`A1Y1'I.r.+b~+.11!YnMNMKMNMYM NYYYr4 ATTACHMENT 2 327 ORDINANCE NO. 4- AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND GREATER DENTON ARTS COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 15, 1990, the City of Denton (City) and Greater Denton Arts Council (GDAC) entered into an agreement providing for the payment of funds by the City to GDAC for pro- viding the community services described therein; and WHEREAS, the parties wish to revise Schedule "A" to such agree- ment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the vmend- meets to the Agreement as attached hereto, between the City of Denton and Greater Denton Arts Council. SECTION II. That the City Secretary is hereby directed to attach a copy of said Amendment to Ordinance 90-151 and to note on said ordinance a statement that the Agreement has been amended. SECTION II. That this ordinance shall become effective im- mediately upon its passage and approve . PASSED AND APPROVED this theQ~ day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETP.RY BY: ,LY_ LIJQ ' ,yV APPRO ED A TO LEGAL FORMS f • DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., Page 13 r; • .....a.+_.._..-..._.- Lwry~~~. • Y'~. r.. r, : 'P f ~M1ne ~aN~, t r vrho i°-y, a of - w..r,..-. '.v:+.!r, vd.Lt',..gtl5.\~'NNIJ'61~/10:11.RK.WB!Or6a'4ItRY•NMiIAVNM+.fmisw.ww-atir \9dac. &W 328 AMENDMEMT OF AGREEMENT BETWEEN THE CITY OF DENTON AND GREATER DENTON ARTS COUNCIL Recitals On October 15, 1990, the City of Denton (City) and Greater Denton Arts Council (GDAC) entered into an agreement, a copy of which is attached, providing for the payment of funds by the City to GDAC for providing the community services described therein. (Agree- ment). The parties wish to amend Schedule "All for utility consump- tion attached to the Agreement to reflect revisions to Column III thereof. AGREEMENT y; I. ? The parties agree to the amendment of Schedule "All of the attached Agreement, to read as follows: I. II. III. UTILITY'SERVICE AMATA CONOU(FTION NOM LY USAGE Electricity 1800000 KWH 15,000 KWH 100 KW (demand) Water 100,000 gallons 8,333 gallons Wastewater 800000 gallons 6,667 gallons Natural Gas 4,062 CCF 339 CCF On or before the 5th day of each month, CITY shall pay GDAC a sum equal to the utility billing for the consumption and facility charges for the utility services enumerated in Column Ili. { The CITY shall pay all regular monthly charges from the CITY for removal of soli! waste. , II. S I i Except for the amendment set forth in Article I hereof, the terms of the original Agreement of October 151 19900 remain in full force _ and effect. Signed 1991. J ' BOB CASTLEBERRY, MAYOR Page 14 l~~Llr~ • i i 329 ATTEST: JENNIFER WALTERS, CITY SECRETARY' ' BYs APPRO D AS LEGAL FORM: DEBRA A. DRAYOVITCR, CITY ATTORNEY BY: i, III I t` i 1 i GREATER DENTON ARTS COUNCIL (GDAC) 5~4e~fl PRESIDENT t,. t ATTESTS BY: 1rl~~~r<,_ 7J~a SECRETARY r r 9 ` r • 4 Page 15 IF ~Z t A r "i,v ~Y"Frw ,vl4s rr1 ~~,{1~X~'~.,,~17 tr'tr ..5 rttf tf.r G . ..A I i.+ ~1.1 ` {.~}'tiY~+ Tr x ~t Y~'I` rr qtr Id .,~rP~r lr 'C ^I y ( 'A • ro r u rv~ Y + . .i...~.nn}•.,~«..unn.~.nK: J[I'i'. M'J.%MiJI{G!~'L1 ~f~1~ ' ATTACHMENT 3 ORDINANCE NO. AN NI,MENC O AN AGREEMENT BETWEEN THE CITY O~F AMENLMENT T DENTON, TEXAS TIEE LEASE; OF AND THE GREATER DENTON ARTS C AIJTCIIURI~ZRCTi THE EXt,ENDITURE OF THE CAMPUS THEATRE BY THE CITY; FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS' SECTi~iON 11• That the Mayor is authorized to execute the Second Amendment to th hereto and City, uch Greater Denton amendment being attached Agreement between ~9 Theatre by the Denton the lease of the p which is made a part of this ordinance for all purposes. SECTION 11, That the City is hereby authorized to make expenditures as may be required under this agreement as amended. st:C110N III. That this ordinance shall become effective immediately upon its passage and approval. 1497. PASSED AND APPROVED this of - JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECR:TARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a Page lb _ _ t ~ ~d ~ n to y W 1~ ....c_..-. ~ i ti 'i 1 i 1 J i i 4G~. Y^ f l k lY`% r :Z 1 ~t " Y C 1 ~ • w~~ a+r.4, .~n4' ~}=122".rrr~'.t r~4-~~kY~:~ii~Ct}'a,~,`+~F~V~iK/,h~2.~,'~~y~l'~3'~~i l~~~~~~{'Ji~i~..r.~~k, )f31i~Niwp • L • ~ ii\"ppp[D1k10M[7 ND.R 2ND AMENDMENT OF AGREEMENT XETWZEN THE CITY OF DENTON GREATER DENTON ARTS COUNCIL RECITl►b9 . On October 15, 1990, the City of Drnto: (CITY) and Greater Denton Arts Council (GDAC) entered into an agreement, providing for payment of funds by the CITY to GDAC for providing the community services described therein. on, August 20, 1191 this agreement was amended and the parties desire to amend thib agreement again by repealing the let Amendment in its entirety and substituting for such Amendment this 2nd Amendment. This 2nd Amendment amends Schedule "A" of such Agreement, relating to the level of utility service consumption by GDAC for which the City will reimburse GDAC, so that hereafter Schedule "A" shall read as follows: 1. SCHEDULE "A• I. II. III. UTILITY SERVICE AHMM CO_NSUMPTION MONTHLY USAGB Electricity 368,796 KWH 30,7J3 KWH 100 KW (demand) Water 69,600 Gallons 5,800 Gallons i Wastewater 55,680 Gallons 4,640 Gallons Natural Gas 4,068 Gallons 339 CCF On or before the 5th day of each month. CITY shall pay GDAC a sum equal to the utility billing for the consumption and facility charges for the utility'services enumerated in Column III. The CITY shall pay all regular monthly charges from the CITY for removal of solid waste. s II. Except for the amendment set forth above, the terms of the original Agreement of October 150 1990, remain in full force and effect. ti PASSED AND APPROVED this the day of . 1997. E t JACK MILLER, MAYOR Page 17 _ e ti 't n ......a . w..-.r.~ rwu.w+a~lrMwlPfP~a1i _ 1 ATTESTt r . JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: GREATER DENTON ARTS COUNCIL PRESIDENT ATTEST: BY: _ i r 3 J' z PAGE 18~ ~.xr_a-rte P - vas ry.~-x. ^P. i I q`k 1.,Y a t A r ♦ I R 11 • . 4era~eewnrweetirrYa•+rYCwiaNiwiwarr.ar.iiai~ wi:r'~:airl~~._:• 1 4Y ATTEST: JENNIFER WALTERS, CITY SECRETARY r t BY: APPROVED AS TO LEGAL FORM: i HERBERT L. PROUTY, CITY ATTORNEY BY: TER DENTON COUNCIL r PRESID ATTEST: BY: i r s s ~ j PAGE 18, 19 Ns ~ 14 . r...nq~t* t rr ti~s~" .at~"'r a `3`..;^ ° ~b~k~~~i ~ '~„'kE+' A- b Y L Mende No. Agenda Ite . Dah ' CITY OI DEMON, TEXAS MUNICIPAL BUILDING • 215 E WKINNEY • DENTON. TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 CITY COUNCIL REPORT FORMAT DATE: January 6, 1996 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager RE: Ordinance authorizing the City Manager to execute a lease agreement between the City of Denton and the Texas Department of Mental Health and Mental Retardation. RECOMMENDATION; Staff recommends the approval of a lease agreement for 11.11 acres with the Denton State school to continue the use of Briarcliff Park. BACKGROUND; The City entered into an agreement with the Denton State School in May of 1983 to use approximately 11 acres for purposes of a city neighborhood park. The original lease was for ten years. Since 1993, short interim leases have been arranged pending a study by the Asset Management Division of the State MHMR Department in all State leases. The proposed ordinance provides for and open-ended lease to be reviewed on five year intervals. The lease contains a termination cause by either party of 90 days. A lease fes of $500 per year will be required. The site was partially developed from donations from Jostens, L Inc., Andrew Corporation and neighborhood funds. The necessary • funds for park maintenance are already budgeted. r a c - Page 1 "Dedicated to Quality StMee" • 91~ ~ Sp ^~1. }R ~ ' r f,Y -i' F!Y R~ ts'„ S, ti; Y 5. f" ~r Ox 1 PROGRAMS. DEPARTMENTS OR, GROUPS AFFECTED: Parks and Recreation Department and Wimbleton neighborhood residents. FISCAL IMPACT: - No significant impact is projected. The new lease includes an annual rent fee of $500. Previous agreement only included a one- time, one dollar transaction. RESPECTFULLY SUBMITTED: Ted Benavides, City Manager Prepared by: Ed K ney, D ctor Parke and Recreation Department Ap roved by: e Jez x cutive D rector Public S fety • ~ nor ~ f Page 2 L v 1~k7 1 •'M,. SM a~ ' ~.10 ~.ci 'X` yv '/:}t,~y,~.~-. ~ .Y f?.'~_ r J: \WPDOCS\Ow\MW*M o. MD Exhibit 1 Y ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATION DEPART- MENT AND THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDA- TION FOR PROPERTY LOCATED ON STATE SCHOOL ROAD AND KNOWN AS BRIARCLIFF PARK; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Lease Agreement between the City of Denton Parke and Recreation Department and the Texas Department of Mental Health and - Mental Retardation for property located on State School Road and known as Briarcliff Park, a copy of such lease is attached hereto and incorporated by reference herein. SECTION 11,. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY,. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r BY: • • f Page 3 r, u [ a P 65 rL7~ ✓~X' °w w•,.J~„ 4.3 4,yy 1~ ti K alllll~yl` • 12 • Exhibit 2 State Of Texas ; County Of Denton T Lane ~ enhied into this day of ,1996, by end between an agency in the Executive Branch of the State of Texas, created pursuant to Texas Health and safety code, Chapter 531 et seq., governed by the Texas pond of Mental Health and Mental Retardation, and any suooessors to its duties and functions (IA=*) and the ton, NAM and l"IastiCe'7• 8{t~lft~t Lessor is authorized to lease real property under its control undo: the provisions of the Texas Health and Safety Code, Section 533.087 and desires to lease 11.7 acres on the campus of the Denton State School ( premises' mote specially described in Exhibit A and Exhibit B attached hereto) to Leaser who has agreed to lease the premises from Lesx)r. NQW,~t, Lessor and Lessee agree as follows: 1 Allowed Uae: Lesme shall be allowed to use the Promises for the purpose of providing a public park known as Briarcliff Park, as a recreational area for the citizens of the city of Menton. 2 Lessee Oblig one Lessee agrees to perform the following activitks: 4 To continue to operate the park in acrordw%ce with all City regulations and the terms of this agreement; B: To remove all trash weekly; C. To prohibit the consumption of alcolwlic beverages in the park; 1} To maintain a fence surrounding the park property containing a • gate to allow aeeeas fnwn the Denton State School; E To permit Denton State School to utilize all reasonable hours when the ark is P~ facilities a t all p open to the public; To remove all City equipment from the property upon the termination of tiffs agreement. ti • • j Page 4 p~ _ .r._ • % 0 r • Denton State School/City of Denton Lease Agreemmt Page 2 3 Term f . Loeam A. This Annual Lease will begin on the effective date, as herein defined. The Term of the Lease will fie open ended but subject to review every five (S) years on the Anniversary Date of the WOO Effective Date. B: The Effective Date of this Lease shall be the date this Lease Is sighed by both Lessor and Lessee and is ratified by forrmad fiction of the respective governing bodies thereof, whichever Is later. Each party agrees to give notice to 'fie other party imaedU!laly ups n execution of this Lease. e Him of Lta& Either Party nuy terminate this Lease Agreement by giving ninety (90) days written notice to the other Party. 5 Bt:Bh~ A. Rent shall be Five•fi undyed Dollars (5500.00) per year payable in full to the Lessor on the Eff tctive Date of the I ease and on each Anniversary Date of the Effective Date during the Term as stated above. B: Payment shall be :lent to Asset Management, Texas Deparhoent Mental Health Mental Retardation, P_ Box 12668, Austi % T* "s 78711-2668, unless otherwise notified in writing by the lessor. b Meadow nee and Indemmi Lessee shall have the obligation of self-.'nsuring and/or securing policies of instuanee u set forth below: Property, casualty and general Liability insurance coverage shall be maintained by the Lessee, either through a self-irtlured program and/or through policies of insurance obtained through an insurance underwriter licensed in the State of Texas, to protect Lessor sgatrvt any and all liability or for other loss associated with this Lease. Evidence of such coverage shall be provided by Lessee to Lessor and, if coverage is to be provided through a policy of insurance, then said policy shall mate Lessor, and any of its successors or assignees, as an additional insured. In the event of property damage, all proceeds from policies of insurance shall be used to restore the Premieres and affected Improveaiehts to pre-incident condition. Lessee agrees to indemnify Lessor for any action taken against f them as a result of this Lease. 7 Accqftm& of - Lessee has impeeeed the physical and topographic condition of the Prewdm and accepts same "as ie in its existing condhion. Ubbur disclaims any and all warranties of t • • o Page 5 ,ti • Denton State School/City of Denton Lease Agreement Page 3 habitability, aterd=tabihty, suitability, fitness for any purpose, and any other express or implied warranty. 9 UwnnAuhtl Lessee shaU have the right to make O"Wn approved improvements associated with its use of the Premises. Ali such improvements must be at the Lessee's sole expense. Any and ill improvements to the Premises must be approved, in writing by Lessor prior to instaUation. Fixed Improvements muv not be removed at the termination of the Lease without the express hvdtt n consent of the Lessor. 9 A Lessee sMU maintain the premises in a safe and prudent manna and in a good state of appearance. 8: Upon termination of this Lease, Lessee shall return the Pnemisea to Substantially the same condition that it had following installation of any Improvements as allowed by Section 8 above. Should Lessee fail to return the Premises to a satisfactory condition, Lessor rnay, at its election effect the necessary restoration, for which Lessee shall be obligated to reimburse Lessor. 10 Sp~tpltance mew Leaaae shall adhere to a compliance review process that allows Lessor to insure that all Lease provisions are met. Lessee and/or for performing work consistent with Lefor asoe es a~ of L-L~ program. Except in the case of an emergency, lessor will perforate its inspections and mainknarce in a manner not to interfere with the program of the Lessee. L1 Lessee shall have m right to encumber in any fashion Lessors fee simple estate in the Premises. Any improvemcntt made to the property must be free of any debtor encumbrances prior to Initiation of the improvement Lessee shall provide Lessor with a certificate verifying the lack of owumbmnce of t any improvement follkwing completion thereof. V11MJXAn4.8st; CdjCL Failure to comply with any provision of this Lease will constitute an event of default. It Lessee defaulb,, Lamm shall notify Lessee in writing of tech default Lessor shall have the right to ( terminate ft Lease if Lessee has not cured uid default within thirty (30) days of nod&atim • 13 Mira, Neither the acceptance by one Party of any ~ • O j y payments hereunder I , Page 6 ±r S • Denton State School /City of Denton Lease Agreement Page 4 nor the failure by one Party to complain of any action, taraction or default concerting the other party still constitute a waiver of any party's rights hereunder. Failure of notice by a Party far any act or event Shan rat constitute a waiver of any right or obdgation set forth in the Lease. 14 Hold HarmlM Lessee will provide Lessor with a 'hold }armless' agreement relemina L wx from any and aU liability throughout the tens of the Lessee's use of the Premises. IS Ault malt, Lesser shall not assign ft Lease to any other party without the express written consent of the Lessor. Lessor shall exec use its solo discretion regarding approval of any &047mxmt. The premises may not be divided for the purpose of assigning a portion of the Ncensed is" to another party. Lessee agrees that it will not assign or sublet all or any part of the Leased Premises to any private par*9 (persons or corporations). 16 tire j&Zj=&nj- This Lease Agreement represents the entire agreement entered into between Lessor and Lessee with respect to the subject matter herein and supersedes aU previous agreements and understandings with respect thereto. This (.ease Agreement may be amended only by written agreement executed by Lessor and Lessee. 17 ,SenubjWX In the event any providon of this Lease Agreement ahaU become turenforceabte or void, the same Shalt not invalidate any otiter provision of this Lease Agreement 18 covarning -sw This Lease Agreement is being executed and delivered and is intended to be performed in the State of Texas. The laws of Texas will govern the validity, construction, interpretation, and enforcement of this Lease Agreement Proper venue for any litigation arising from this Lux Agrsemernt shall be in Denton County, Texas. 19 Survival- Any termination of this Lease edcot still not affect rights and obligations of the Parties accrued t the the termination and such obligations shall survive and remain enforceable following the tenniration. 20 N•tirr. Except as enpresaly provided herein, any notice required or permitted to be given under this Lease Agreement must be in writing and delivered in person or by registered or certified mail, return recd requested, postage prepaid, to the individual and address below: • O ~I Page 7 mss, _ . ...~..~......._..........«..,_......,~..._...C.t....., _...1,.'~S.r~1~1_.r' ~:1 'r.sewTar.s DerI State School/City of Denton Lease Agreement , Page 5 (Lessor) And Management (Lessee) City Manager TXM MR City of Denton " 909 W. 45th. St 215 E. Mc OWay Street Austin, Texas 7101 DOR10% Text 76201 c ri UW011 to Rind This Lease Ayeement is not binding on the Department and/or Its property unless and until it has been M v H~ and Mental , t hCo~ ssioner of Toes Dgmto mt of 22 l~ss>ra!V Azdmm x The pcrsat o: persons exec uting"Lease Agreemxnt on behalf of Me Le 0 or tMaudves as exacv the LeaseAgveemen>xthton oftthee Deata, warrant that they have beets fully authortud by the Lessee to execute the Lease a Agreement on the Lessee's beta and to validly and legally bind the F, lessee to all the terms and provisions contained herein. Date" Date: j Texas DepartI of MenW City of Denton, Department of Health and Mental Retardation Parks and Recreation1 1y Don A. Gilbert. Commissioner Ted Benavides, City Manager r • ` 1 x ' tt' i f , T f • F , • i Er , Page B C Pd }z s 44 C s ~r t* v r!'F aka ♦ r r r f ~ . }f..i_,..J.a..~..."^" ''~"Sr ~h4y.i~n.inR.^~•~rjM.•~.N~{'.~\y~Y.~.ry~~_ F +O'•~ d d`i N' .i t' . s tiV a EXHIBIT A Y DENTON STATE SCHOOL PARK z*? All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the M.E.P. i P.R.R. Co. :survey, Abst- No- 950 and also being part of a tract of land as conveyed from G.A. Godfrey, at al to The State of Texas by deed recorded in Volume 435, Page 12 of the Deed Records of Denton County, Texas, and more particularly described x as followsc Beginning at a point in the north boundary line bf said Stateq tract, said point alio being the southwest corner of lot 6 and the AF southeast corner of lot 7, Block 40 Briarcliff Estatest" Thence east, along the north boundary line of said State tract, same being the south boundary line of block 4, Briarcliff Estates, a distance of 785.16 feet to a point for a corner, said point being the intersection of west right-of-way line of State School Road with the south right-of-way line of Brighton Drivel ri IT r ! Thence south 1" 54' west, a distance of 1022.30 feet to a point kf;, for a corners k~ Thence north 880 06' west a distance of 47.0 feet-to a point for ~ l 1 . a careers '4 T4 Thence north 354 24' 30" west a distance of 654 feet to a point aY ~ fora corners Thence north 74' 53' 30" west, a distance of 279.58 feet to a tint for a corners ,1~Y l Y Thence north 7' 37' 24" west, a distance of 117.96 feet to the ar ' place of beginning and containing 11.11 acres of land more or less. ti 4 r, (n ~ F L f 1 c Page 9 f w 'F , 1 + 'R Ley . i r • R Agenda No.~ Agenda Ite ~LZ ~T Date WY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 DfW METRO 434.2529 CITY COUNCIL REPORT FORMAT DATE: January 21, 1997 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager RE: Parks and Recreation 'trategic Plan RECOMMENDATION: Adopt an ordinance approving the Denton Parks and Recreation Strategic Plan (Parke and Recreation Board recommends approval 5- 0) . SUMMARY: The City Council was briefed on the 1996-2000 Denton Parks and Recreation Strategic Plan at the January 14, 1997, work session. At that meeting, staff was directed to place an ordinance for approval of the Plan on the City Council's meeting agenda for January 21, 1997. A copy of the proposed ordinance is attached (Exhibit A). A 7 complete and bound copy of the Strategic Plan will be presented to • Council Members at the meeting. T PROGRAMS, DEPARTMENTS OR GROU2S AFFECTED: The Parks and Recreation Department and its customers. • t -I FISCAL IMPACT. • ~ The adoption of the Strategic Plan requires no expenditures or funding commitments. Any initiatives that may require funding will be addressed in conjunction with the annual budget process. "Dedicated to Quality Service" +~.~~n IM~.e k f Y • 'y. ,a i0.. i .'_4 :V rd' k 1. S'" b ♦;"'S7 .T 7. ~~,~*'3"~~ ~ . &t~"~ {'F ~Ly ~;'lif~ f t ~ T{ ,1 ~ 1. ryry 1~ e ~ 1A t ~~4 . r r ' ~ 1 t v s 15 ~ .r' r" r z ~ ~,~r1 ~F ~~~~''fi 4 1 t ki nlb~ ~ ' 1+~ ",°'S..✓ w~~ va r { E _ RESPECTFULLY SUBMITTED: r.` Ted enav des, City Manager _ Prepared by: j Ed Sodney, Direct Parke and Recreation Department Approved by: X c. Mfkd ez, E u ve Director Public SafetAy r I , I: k ~ k • L~ ~ • Page 2 7 Sgr ~c r' J- rR'»- f • } ° L.\M P9~C5\ORJ\PFFF,fU1 Exhibit A ORDINANCE NO. AN ORDINANCE APPROVING THE DENTON PARKS AND RECREATION STRATEGIC PLAN WHICH PROVIDES FOR SPECIFIC INITIATIVES TO GUIDE THE PARKS AND RECREATION DEPARTMENT THROUGH THE YEAR 2000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the adoption of a strategic plan for the Parks and Recreation Department is a requirement of the Texas Parks and Wildlife Department and state law for the City's continued participation in the State Matching Grant Assistance Program; and WHEREAS, the Parke and Recreation Board has approved the attached Denton Parke and Recreation Strategic Plan 1996-2000, which is made a part of this ordinance as if written word for word herein; and WHEREAS, the Denton Parks and Recreation Strategic Plan 1996- 2000 implements the vision of the City for its Parks and Recreation Department, which states that by the year 2000, Denton will have a parka and recreation system which: (1) provides an array of leisure - experiences which are fully accessible to all members of Denton'e community; (2) is responsive to the diverse and ever-changing needs of our customers; (3) emphasizes quality over quantity; (4) balances the need to grow with a sensitivity for more responsible care and maintenance of existing facilities; (5) is effectively planned, financed, and managed in collaboration with others; (6) is seen by its citizens and all stakeholders as a vital component of Denton's image as a dynamic, beautiful, and vibrant community in which to live, work, learn, and play; and WHEREAS, the City Council deems it in the public interest to - approve the Denton Parks and Recreation Strategic Plan 1996-2000; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION I. That the attached Denton Parks and Recreation Strategic Plan 1996-2000 is hereby approved and adopted. SECTION II. That the Director of Parks and Recreation is r directed to send a complete, true, and correct copy of this ordinance, including the attached Denton Parke and Recreation Strategic Plan 1996-2000, to appropriate officials of the Texas Parks and Wildlife Department. • ,U,CTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 19 Page 3 . y t N ..~_.1.__..v..._.__.._.~ z.. Y..,. ..r,} kWr x'f ~.-S y y' YI ry. rv~ lr~~y+"'-~s~ ~L1✓~+..✓ F r JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: VERBERT L. PROUTY, CITY ATTORNEY f BYr 3 d Page 4 ~ L v o it G r;, i 3;, , r 1 m It:NWPD0CS\0"\%0DGES.OHD Agenda No. - ; Agenda Its Data ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF JONATHAN T. HODGES IN AN AMOUNT NOT EXCEEDING $30,000; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE OF ALL CLAIMS APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the claim for damages of Jonathan T. Hodges was submitted against the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas r believes that it is in the beet interest' of the City to compromise the claim in an amount not exceeding $30,000 to avoid the costs and uncertainties of litigation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposed settlement of the claim of Jonathan T. Hodges it& an amount not to exceed $30,000 is hereby ratified and approved, subject to the final execution of a release of all claims by the claimant, Jonatbai T. Hodges, in a form approved by the City Attorney. SECTION II. That the City Manager is hf:reby authorized to act on the City's behalf in paying the sattlement obligations authorized herein. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR t 'r ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY BY: a APPROVED AS TO LEGAL FORM: ?r, HERBERT L. PROUTY, CITY ATTORNEY BY: i~j ~ P ~ h'~~.,~ ( ~~~ir ~ y. Jk~~ afti ~.;1 §t f~~~o w ~'i 9~„~~ ~ Sr1 :Ff1~ ~ r ~'r~ Ilk Agenda No-IL -Z Agenda Ita z-- . Date , CITY of DEWMir TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY• DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 4342529 CITY COUNCIL REPORT FORMAT DATE: December 12, 1996 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager RE: Park and Facilities Naming Policy RECOMMENDATZQ It is recommended that the City Council adopt a resolution that approves the attached policy regarding the naming of parks and park facilities. SUMMARY: Approval of the resolution will establish a new park and facility naming policy (see Exhibit A) that will replace guidelines used 3 previously (Exhibit B). Features of the new policy include provisions for naming parts of parks or buildings and procedures for changing existing park and facility names. BACKGROUND: At the Parks and Recreation Board's meeting on February 19, 1996, the Board unanimously approved a recommendation to name the multi- purpose room in Martin Luther King Recreation Center after Olivia 1 M. Ammons, a prominent resident of southeast Denton who passed away r in 1987. A resolution was approved by the City Council on March 19th, in accordance with the Board's recommendation. In taking this action, the Board and City Council recognized that L the current policy does not addreEs the naming of facilities other than entire parks and buildings. The decision to name the MLK Center room after Mrs. Ammons was made on it's own merits. Page 1 "Dedicated to Quality Service" __,....~r'-------` ' ~ i ~ 4'~1 'r' ';i. ~ i : :4'~y ~ r v N I3 ~A~ ~l oi~~~ 4F: : _ ":,f F...».~~~"i, 'i • r ^ r 46 However, the City Council asked that the Park Boars review the policy for possible changes. Staff has researched the applicable policies of a number of north Texas cities for possible direction. The cities included Dallas, Fort Worth, Farmers Branch, Plano and Garland. The Denton Independent School District'n policy was also reviewed. Several elements of the current policy should be modified: 1. provision should be mado for the naming of rooms, athletic fields and other parts of parks or buildings; 2. specific conditions ethould be established regarding naming requests which are made as a condition of a gift or donation towards park acquisition or facility construction; 3. procedures are needed to guide responses to requests for name chancres On July 15, 1996, the Parks and Recreation Department presented to the Parks Board a new naming policy that addressed the above elements. The new policy was approved unanimously. Minutes of the Board's July meeting are attached (Exhibit C). PROGRAMS. DEPARTMENTS OR GROUPS AF'FECTED: None KCAL IMPACT: None RESPECTFULLY SUBMITTED: Ted Senav des, City Manager Preppareed~by- Ed Hodney, Director Parks and Recreation Department y Ap roved by: Mi J Z, EAOtuoVive Director r A Public Saf y t Page 2 Y • i 4 v ~ ~ k 7 1. y'~Y~ix~ / 3t 2 y`/ r, t t '1, ,Y v 1 f /"l ! 4 ".R k / 4'I V' 4~5 # 1t # ~~i l fY (Y , t•y., • r • RESOLUTION NO. I A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF PARKS AND PARK FACILITIES, AND PROVIDING AN EFFECTIVE E DATE. I WHEREAS, the Parke and R;.reation Board has approved and recommended a new policy to govern the naming of parks and park facilities; and WHEREAS, the City Council deems it in the public interest to i adopt this policy, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Park and Facilities Naming Policy, which is attached hereto and made a part hereof for all purposes, is hereby approved and adopted. SECTION That all policies inconsistent herewith are hereby repealed. SECTION iii. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1991.7 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY s BY: APPROVED AS TO LEGAL FORM: J HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 e • Exhibit A Park and Facilities Naming Policy 1. Purpose: a) Establish general guidelines and procedures for the naming of parks and recreation facilities. b) Provide name identification for individual parks. C) Provide name identification wherever appropriate for special buildings, structures, facilities, areas/gardens. d) Provide for citizen input into the process of naming parks and facilities as enumerated above. C) Insure control of the naming of parks and facilities by the Parks and Recreation Department and City Council through the recommendations of the Parks and Recreation Board. 2. General Guidelines: a) Park property may be named after streets, geographical locations, historical figures, events, concepts, or local, State or National leaders. Park property may also be named for individuals or groups where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a park or facility have been made by the nominated individual or group. b) With the exception of major donations, parks and recreation facilities shall not be named for living persons. In cases involving the names of local community leaders, the following guidelines shall apply: 1) the nominated individual shall have made exceptional contributions to Denton parks and recreation and/or the community; 4 2) there shall be a clear and demonstrated consensus for the nominated name. C) Parts or areas within a park or recreation facility may be given a name which is r different than the park or building. Such parts or areas may include (but are not to limited to) gardens, playgrounds, athletic fields, structures, swimming pools and ` 0 O meeting rooms. Names for such facilities shall be established by the same guidelines and procedures applied to parks and buildings. G " Page 4 1 x : ~Y • Park and Facilities Naming Policy August 27, 1996 Page 4 d) The naming of a park, a facility or parts of a park or facility shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51% of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. e) Once a name has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasonable time. f) Contributions which do not merit naming and which are valued at less than $15,000 and comprise less than 51% of the project cost maybe recognized. Gifts which are valued at greater than $500 wA comprise at least 25% of the project cost may be recognized by plaque or marker. At the request of the donor, the Parks and Recreation Department will provide the plaque or marker for contributions of $2,500 or greater. Such recognition for contribution of less than $2,500 must be provided by the donor. All plaques and markers shall meet the specifications of the Parks and Recreation Department. Should a recognition plaque or marker require replacement, such replacement shall be the responsibility of the original provider of the marker or plaque. 3. Name Changes: a) Requests for name changes may be considered by the Parks and Recreatior Soard. The aforementioned guidelines for naming a park or facility shall generally apply to name changes. b) In reviewing a request for a name change, the Board will give special consideration to any legal agreements or authorized written promises which were made when the original name was established. C) if a change is requested in the name of an existing park or facility, such request will not be acted upon by the Board until a sign stating the request has been posted on the affected property for a period of 45 days. The sign should direct comments to the Director of the Parks and Recreation Department 4. Procedures: a) Names for new parks shall typicatly be established within 90 days from the date t • of land acquisition. The name of new buildings shall be established prior to the completion of construction. Names for parts or areas of parks and facilities may ' be established at any time. Page 5 J.S d ~ yi T a ~ n t , } nT.`%. rha'F~.~ ~,i~.~.3~•'~. v,c ~ "r'h~° i ~ 5r 1, Park and Facilities Naming Policy August 27, 1996 Page 5 b) The chairman of the Parks and Recreation Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. c) The committee shall be responsible for research, study, and recommendation of l: a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. Any recommendation which involves the name of a person shall include the following: . a biographical or informational sketch; . rationale supporting the nomination; . the name(s) of the person(s) or supporting group(s) responsible for the nomination. d The Parks and Recreation Board shall approve or disapprove of the name ' recommended by the committee. e) If the committee's recommendation is disapproved by the Board, then the matter w>' may be referred back to the committee for further action. f) All recommended nemes for such facilities must be approved by a majority vote of the members of the Parks and Recreation Board. }`r g) Upon approval, the recommended name shall be forwarded to the City Council for their consideration. 1Y a k, • J~ i ~ 6611 L'77AE f.VI1a! ! w ' ~ Page 6 lti , ; '3-KC ,vr.'~Y.~+~`~ -w'' Kr • ter`. E" ~'1 ,;»i.( 41 _ Exhibit B CITY Of DLNTOM DEPARTMENT of PARRS AND RECREATION C POLICY FOR NAMING PARR LARDS AND FACILITIES I. PROCEDURE FOR NAMING PARR LANDS AND FACILITIES A. The chairman of the Parks and Recreation Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Board. 3. The committee shall be responsible for research, study, and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. Co The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. D. If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. E. upon approval, the recommended name will be forwarded to the City Council for their consideration. II. GUIDELINES FOR NAMING PARS LANDS AND FACILITIES A, Park lands shall be named within sixty (60) days after acquisition. B. Park lands and facilities shall be named in the following manner: 1. In honor of individuals who donate land for park space or donate a major pact of the funds required to construct or renovate a facility] 2. In honor of individuals who sell open space to the City at a reasonable cost] 3. In honor of deceased national or state heroes; a 4. In honer of deceased community leaders; ii 5. In relation to predominant characteristics or physical features (lake, trees, stream, river) of ( the land; • 6. In relation to sub-divisions within the City; L • 7. In relation to streets adjacent to the park. a Recommendations under It 2, and 4 should not be publicized until final action has been taken by the City Council. Page 7 1 dn'/ . ~r f ! ~ t •i r•#Y~.jr,,, ~'S + xY'4~ ~`Y ki '.W,., M 4*~` '..n 1.~ !}j k~`~!? r yl.~S,a{ 7'~:.~.~~a~ ~~i'~j q. r..%~' I rr ~ I r : .•1 5:• l 4• . I , I y _...1..__.x.,1 ~._.._..~u.1~--~a'•- C. Recreation centers that are a part of or lie within the boundaries of a park shall bear the name of that park (such as North Lakes Center or Denis Park Recreation center) unleus the park name cannot be incorporated in the facility name (such as Denton Senior Center). w ~L J ii , ll J.~ a I ~ . I t~ Page 8 - 6S {r♦ rri <u ~'y bT7 I~t I ~..rj /A} F1~ I n; GgQ~j¢'~'~~ '~\itlyfl N" f • r' Exhibit C Parks and Recreation Board July 15, 1996 Martin Luther King Center Board members present: Tom Judd, Burkley Harkless, Loyce Wilson, Gwendolyn Carter and Doug Chadwick. Staff present: Ed Hodney, Janet Simpson, Bob Tickner, Janie McLeod and Ricky Petty. Others present: Tom Reece Chairman Judd called the meeting to order at 6:00 p.m. The June minutes were approved by a motion made by Harkless and seconded by Chadwick. DISCUSSION ITEMS Strategic Plan. Hodney discussed the revised Strategic Plan and the Board responded favorably. Chadwick asked if water resources was addressed in Goal V. Hodney responded that it was addressed in Goal VII. Judd commented that he liked having completion dates for the Action Steps listed in the Plan. Chadwick asked what is the next step for the Strategic Plan. Hodney said that a master plan map will be developed and graphics will be added to the text. Hodney said the plan will then be reviewed by the Executive Director and then presented to the City Manager. The Park Board and the City Council will be asked to endorse the document. Hodney said the Annual Action Plans will be created and evaluated by staff each year of the Plan, and the evaluation will be shared with the Board. Continue Discussion Regarding Park Board Structure and Apporn(menis. Hodney said that by the next board meeting, all members should be sworn-in and be oriented. Hodney added that the Election of New Officers AU be on the agenda for the next meeting. ACTION ITEMS Consider a Request from Habitat for Humanity for Sales in the Civic Center Park. Simpson said that the last two years Habit for Humanity has held fundraisers in the Civic Center and in a portion of the park. The fundraiser has outgrown the Civic Center and has moved outdoors to the Civic Center Park. Habit has made a request to sell food and crafts in the park. Requests to sell goods in city parks need to have the PARD Board's support before it is presented to City Council. f E' Chadwick made a motion to accept the recommendation to let Habit for Humanity to sell goods t and crafts in the Civic Center Park. The motion was seconded by Wilson and approved unanimously. Page 4 C"~'• `-"'may ~ r ! Parks and Recreation Board July 15, 1996 Page 2 Consider Changes to Park and Facilities Naming Po11cy. Hodney reminded the Board that they had agreed there were several elements in the current naming policy needed to be modified: provisions should be made for the naming of rooms, athletic fields, and other parts of parks or buildings; specific conditions should be established regarding naming requests which are made as a condition of a gift or donation toward park acquisition or facility construction; procedures are needed to guide responses to requests for name changes. Chadwick proposed the following changes to the draft policy: i L Section 3b) - Insert the words "authorized written" before the written "promises" in the third line of the paragraph. 2. Insert the word "typically" after the word "shall" in the first line of Section 4a). 3. Delete the words "in a previously announced meeting" at the end o( Section 4f). Wilson moved that the Board accept the recommendation with the above corrections and Chadwick seconded the motion. The motion passed unan;mously. DIRECTOR'S REPORT Proter! afe American Legion Hall. Petty said renovations on the American Legion Hall have begun. He said a fence has secured the area around the building, and the building has been gutted. The contractor said the completion date is expected by the end of October or the first part of November. DISD Middle School. Hodney gave an update and showed rendering of the new middle school that is to be located at South Lakes Park. Hodney said that a public hearing before City Council will be required prior to the land conveyance. Hodney said PARD will consider constructing the parking area on park land if the public can have access during and after hours school hours. Chadwick expressed concern about the drainage area. Hodney responded that the City engineers • are working with DISD, and that a study will be done. Calendar o Events Simpson reported that the ASAS program at Lee Elementary School has been expanded to accommodate 10 additional students. Al • Simpson added that the summer camps and the pool are doing well. The meeting adjourned at 7:00. 6037 Page 30 t: . Agenda No. Agenda Ite 0215 Date E January 21, 1997 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TED BENAVIDES, CITY MANAGER DIRECTOR OF UTILITIES SUBJ: APPOINTMENT OF TWO COUNCIL MEMBERS TO THE MANAGEMENT STUDY SELECTION PANEL RECOMMENDATION: Staff requests Council appointment of two Council Members to the Management Study Selection Panel BACKGROUND/SUMMARY: On January 14, 1997, the City will receive proposals from management consultants to perform the Utilities Management Study. The selection of the successful consultant will be by a pane[ consisting of council member(s), one PUB member, the executive director of finance, the executive director of utilities and myself. The selection panel will be meeting during the last week of January to make the recommendation to the PUB and Council on their respective meetings of February 17th and February 18th. Respectfully submitted: • Ted Benavides, City Manager t Approved by: ' i'r R. E. Nelson, Executive Director of Utilities ~I • r Aome'{KnnY y'ewncifurcndi ~an'µpfm^M 121 . , J ' J PZ 1 r a,A t r~xid F r :r ♦l~ r s. i yy k r q,+~!' ii r f', a.,"`r ~ `acl, i { a sr, ~i ~`Y ~.:.P F N zr~ ~,1' it~.~{o{ ~ P 9 { W ~ + ,7.y1};,I y.. bA: FJ G ~ f Y' 1i rv i ~~,4 f A4 x~.;ems 4~ : ~"y 4P'L f.~ F l rN a r Y 4'k',dXi Ww:'ffi ;z`~Fr i1 t •'..ae sxA.n .r. sa'.r w L_• F-r' . t i .\ro" ti d{+ "7+ . ~ T,y.w..Y use+ 4-~r,~+s.#"~~`tic`°#,. + •~~i. fly.''%,"> :~xr ~e~ ~ P v Y t. t' 7 x - r f ~'}~~Y~v ~Y c~ ro: ~S cj+r't7 r, Jf r ~`~J'~'~fi a p _l 2 x q ~ s `Y~x °S m t 4 ~ r+', S, r , ~ 'xe ~ iT "fiJi%#0. y~~~c~1..~~~~~~~1~~~~~irL i' n/ Agenda No. . s " Agenda 11091 Dale - 7~7 CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 78201 TELEPHONE 817588-8309 Office of the City Secretary r r MEMORANDUM 4 ' DATE: January 16, 1997 TO: Mayor and Members of the City Council rt FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission ` vacancies/nominations: Cable T. V. Advisory Board - Mayor Pro Ten Brock has nominated Hank Dickerson. Keep Denton Beautiful Board - Fjola Jeffries has resigned. This is a nomination for Council Member Biles. If you require any further information, please let me know. e Je fer tars Ci Secre ary ACCOOOF4 M~}Sxl ~ x f.. 4• , Fx+ b tV , r VV~ W (i J " lyr t F 'Dedwated w Quatky Svvfu" Rj TO rr. . 4 A \ :a G i i ~ l ti V i t .w 9 ti j ~ ~ r~~,1 i• 71 c~ V ar4ey I t+>~~P 1 a{i~i 3~'V f + ro r. h ~ fbl .~",t wen ~ •4, li }r ~r'\L~1}~'nat la;i. W ~r~ C~` A~♦4M1~'.' I ,rte r\ VX"71JWr rk.9y ~?~~~F' ~ f " f e: v r. • r I 1 t < i 1/y, I .....asww.en.a i......r.,__ Yp_... ~ .-s.L~.ri~~....-.. ~F..-....~Fa{:~~ir ~ j P ' ar I END OF FILE i t ~ yy ~ w r J t ~o'dllt•• t ~v!. Y r ~ 4 " t . T " ' _ __.__._,~:~<vc=~ ~ P Ff ~~L.¢ t ~ y ))err lr 1 t ry. 1 r R 3 A. 41L 1 ed";f "k ,J + Hi < J "5 { r - ~''~tilvpr '"•r,. rr r e~ a• . r`~r~ v,: i ; < se