HomeMy WebLinkAbout07-15-1997
City Council
Agenda Packet
July 15, 1997
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AGENDA Agenda flo,_, 7-Q
CITY OF DENTON CITY COUNCIL Agenda iter
July 15, 1997
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After determining that a quorum is present and convening in an open meeting the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, July 15, 1997
at 5:45 p.m. in the Police Conference Room of the Denton Municipal Complex, 601 E. Hickory,
Denton, Texas, at which the following items wil; be considered:
1. Closed Meeting:
A. Consultation with Attorney Under TEX. GOVT. CODE Sec. 551.071
1. Discuss and consider compromise and settlement agreement by and
between the City of Denton, the University of North Texas and the Texas
Woman's University resolving their claims and disputes respecting the
applicability of Section 2.2141 of the Public Utility Regulatory Act of
1995 to the parties; and authorizing the expenditure of (ands therefor.
B. Consultation with Attorney Under TEX. GOVT. CODE Sec. 551.071 and
deliberations regarding real property under TEX. GOVT. CODE Sec, 551-072
1. Discuss and consider properly purchases and proposed damage claims
relating to expansion of the City's landfill located at .
C. Conference with Employees Under TEX. GOVT CODE Sec. 551.075. The
Council may receive information from employees or question employees during
a staff conference or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN
COMPLIANCE WITH TEX. GOVT CODE CH. 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TF.X GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
• INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN
MEETINGS ACT.
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Regular Meeting of the City of Denton City Council on Tuesday, July 15, 1997 at 7:00 p.m.
in the Central Jury Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas
at which the following items will be considered:
• 1. Pledge of Allegiance O O
A, U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
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City of Denton City Council Agenda
July 15, 1997
Page 2
2. Consider approval of the minutes of May 6, 1997.
PR F.S E NTAT I ON SIAWA RD $
3. Presentation of Keep Texas Beautiful Awards.
CITIZEN REPORTS
4. Citizen report from Dessie Goodson regarding the Freedom of Information Act and the
process of placing items on a City Council agenda.
5. Citizen report from Brien Mason regarding bias on the part of the City of Denton Police !
Department and the social influence thereof. I
6. Citizen report from Maynard Johnson regarding harassment by the City of Denton Police
Department.
7. Citizen report from Carol Ann Ganzer regarding the North Texas State Fair.
PUBLIC HEARING
8. Fold a public hearing and consider adoption of an ordinance rezoning 0.536 acres from
a Single Family 7 Conditioned (SF-7[c]) ::oning district to a Planned Development (PD)
zoning district, and approving a detailed plan for an amenities center on the 0.536 acres,
The subject property is located approximately 1,100 feet east of the intersection of Lillian
Miller and Teasley Lane. (The Planning and Zoning Commission recommends approval
6-0.)
9. Hold a public hearing and consider adoption of an amendment to Section 34-114 of the
Code of Ordinances concerning the definition of "estate subdivision". (The Planning and
Zoning Commission recommends approval 7-0.)
10. hold a public hearing and consider adoption of an ordinance amending Section 34.115
• of the Code of Ordinances relating to driveway corner clearance at the intersection of two
local streets. (The Planning and Zoning Commission recommends approval 7-0.)
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 Cousent 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,
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City of Denton City Council Agenda
July 15, 1997
Page 3
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 11-18). 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 11.18 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.
11. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid #2060)
12. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid #2062)
13. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid #2063)
14. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid #2054)
15. Consider adoption of an ordinance providing for the expenditure of funds for purchases
of materials or equipment which are available from one source in accordance with the
provisions of state law exempting such purchases from requirements of competitive bids.
(P.O. #75957)
16. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal
agreement with the North Central Texas Council of Governments (NCTCOG) relating
to participation in various City of Denton contracts which provide for the purchase of
various goods and services.
1 17. Consider adoption of an ordinance authorizing the expenditure of funds for the payments
by the City of Denton for electrical energy transmission fees to those listed cities and
utilities providing energy transmission services to the City of Denton.
18. Consider approval of a resolution approving the 1997-98 budget of the Denton Central
Appraisal District.
ITEMS FOR INDIVIDUAL CONSIDERATION
0 19. Consider adoption of an ordinance adopting a new detailed plan for 70.654 acres in O •
J Planned Development 35 (PD-35). The subject property is located between U.S. 377
(Ft. Worth Drive) and F.M. 1830 (Country Club Road), approximately 1,700 feet south
of Hobson Lane. (The Planning and Zoning Commission recommends approval 5-0,)
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City of Denton City Council Agenda
July 15, 1997
Page 4
20. Consider adoption of an ordinance authorizing the City Manager to execute a franchise
agreement between the City of Corinth, Texas and the City of Denton, Texas Municipal
Electric Utility for payment of a franchise fee in connection with the furnishing of
electric service to customers in the City of Corinth, Texas; and authorizing the
expenditure of funds therefor.
21. Consider adoption of an ordinance authorizing the Mayor to execute a compromise and
settlement agreement by and between the City of Denton, the University of North Texas,
and the Texas Woman's University resolving their dispute respecting the applicability of
Section 2.2141 of the Public Utility Regulatory Act of 1995 to the parties; and
authorizing the expenditure of funds therefor.
22. Consider adoption of an ordinance amending the schedule of electric rates in Ordinance
No. 96-207 by the establishment of a University Discount Rider relating to the two State
universities, pursuant to State law.
23. Consider renewal of the annual employment contracts for Assistant Municipal Court
Judges Kimberly Cawley, David Garcia and Earleen Murphy.
24. Consider nominations/appointments to the City's Boards and Commissions.
25. Miscellaneous matters from the City Manager.
26. New Business {
This item provides a section for Council Members to suggest items for future agendas.
27. Possible Continuation of Closed Meeting under Sections 551-071.551.085 of the Texas
Open Meetings Act.
28. Official action on closed Meeting items held under Sections 551-071-551.085 of the
Texas Open Meetings Act.
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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 , 1991 at o'clock
(a.m) (P.m.)
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CITY SECRETARY
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City of Denton City Council Agenda
July 15, 1997
Page 5
NOTE: THE JURY SELECTION ROOM IS ACCESSIBLE IN ACCORDANCE WITH
THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309
OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY
CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
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Aoands No 051 -7
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item 1 6L _
May 6, 1997 Date/ J_ - U
The Council convened into a Regular Meeting on Tuesday, May 6,
1997, at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, 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 February 25,
1997 and March 4, 1997.
Young motioned, Beasley seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried unanimously.
The Mayor presented the following proclamations:
Drinking Water Week
Emergency Medical Services Week and Trauma Awareness Month
Texas Girl's Choir Day
Elk's National Youth Week
National Safe Boating Week
Community Food Bank Inc. Month
Arson Awareness Month
Stroke Awareness Day
Mayor Miller presented the following Yard of the Month Awards:
Armando and Victoria Pena
Sidney and Dorothy Hamilton
James and Mildred Purser
Salty and Joann Rishel
McDonald's - University Drive
Ken's Produce
• 7. Presentation of graduation certificates to 19 utility line
technicians by the United States Department of Labor.
Jason Turner, Safety Coordinator, stated that this program was
started three years ago to focus on safety, technical expertise and
to provide the best customer service possible to the citizens of
Denton. An outside source was requested to validate the quality of
• their efforts which was done through the United States Department f~ • •
of Labor. The program included classroom training and on-site
training.
4. Presentation of "Certificate of Achievement for Excellence in
Financial Reporting" award by the Government Finance officers
Association of the United States and Canada (GFOA).
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City of Denton City Council Minutes
May 6, 1997
Page 2
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Mayor Miller presented the Certificate of Achievement for
excellence in financial reporting to Kathy DuBose, Executive
Director for Finance.
Jane Jenkins presented Mayor Miller with a book outlining Denton
Main Street's contributions and awards.
5. The Council received a report from Cindy Vance regarding the
results of the City of Denton Blood Drive.
Ms. Vance stated that the first City of Denton employee blood drive
was a huge success. She presented a certificate on behalf of the
American Red Cross for the 1.70 pints of blood donated.
CITIZEN REPORTS
6. The Council received a citizen report from Dessie Goodson
regarding the City's sign and pet ordinances.
Ms. Goodson was not present at the meeting.
NOISE EXCEPTIONS
7. The Counc'.1 considered a noise exception for Melodica Festival
from 6:00 p.m. until 2:00 a.m. Thursday, May S, 1997, through
Sunday, May 11, 1997, at the ARGO, 1217 W. Oak.
Veronica Rolen, Administrative Assistant, stated that this was a
request for the second annual festival. The four-day festival
would feature artists from around the area.
Council Member Beasley asked about the number of neighbors in the
area.
Rolen stated that this was in the Fry Street area which wits
surrounded mostly with commercial but with a few resirlcuccs in the
area.
Young motioned, Brock seconded to approve the request. On roll
• vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
8. The Council considered a noise exception for Lee Lewis
Construction, Inc. to pour concrete on ten u^casions between mid-
May 1997 and October 1997 at 1900 Jason Drive starting at 5:00 a.m.
Veronica Rolen, Administrative Assistant, stated that this request
was to pour concrete at the site of the new middle school. Slabs
would be poured at 5:00 a.m. on ten occasions. A 48-hour notice
would be given to the City Managerts office before the beginning of
an early morning pour.
Council Member Young asked if the residents had been contacted.
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May 6, 1997
Page 3
Mr. Greg, Lee Lewis Construction, stated that most of the residents
had left for work before he was able to contact them.
Council Member Young asked if anyone had indicated a concern.
Rolen stated that there had been no calls or concerns regarding the
proposal.
Mayor Pro Tem Brock stated that this would be the pouring and not
mixing of the concrete at this time.
Rolen stated that the concrete would be already mixed and the only
equipment on site would be a pump truck and a dump truck with no
excessive lighting. Any extra lighting would be directed towards fi
the work site and away from the residences.
Young motioned, Brock seconded to approve the request.
Council Member Cott asked what kind of quality control was
available to make sure the firm would do what they said they would
be doing.
City Manager Benavides stated. that the pours would be on ten
separate occasions. If the contractor was not doing what he said
he would do, staff would report back to Council.
Mayor Pro Tem Brock suggested that staff notify the manager of the
apartments or homes closest to the site so that they would know
what was going on.
Mayor Miller stated that the Council could revisit the request if
conditions became unacceptable.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
9. The Council considered a noise exception for Terry Shepard
until 12.00 midnight on Friday, May 16, 1997 at the North Texas
O Stata Fairgrounds for a graduation dinner and dance.
Veronica Rolen, Administrative Assistant, stated that this request r
was for a graduation party at the Fairgrounds.
Mayor Pro Tem Brock asked if this was going to be an outdoor party.
• Rolen stated no that it would be inside the Fair Hall. O 0
Beasley motioned, Brock seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance Faye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
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May 6, 1997
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PUBLIC HEARINGS
10. The Council held a public hearing and considered adoption of
an ordinance amending Ordinance 83-110 (PD-63) to reduce the
required front yard setback from 25 feet to 16 feet for Lots 4B
through 7B, Block 2, of the Snider Addition Section 1, and the rear
yard setback from 15 feet to 10 feet for Lots 6A through 7B, Block
2 of the Snider Addition Section. The subject property was located
on the north side of U.S. 77, west of Windsor. (The Planning and
Zoning Commission recommended denial 6-0.)
Rick Svehla, Deputy City Manager, stated that this was one of three
variances for this site. Council approved a variance for a small
building encroachment at the last meeting. These two variance
requests were being appealed because the Planning and Zoning
Commission had denied the requests. This particular request was
for a reduction in the front yard from 25' to 16, and in the rear
yard from 15' to 301 due to the specific floor plan which was being
proposed. Some of the area residents had concerns regarding the
request. The Planning and Zoning Commission felt that there was
ample room on the lots and the petitioner knew what the lots were
when purchased.
The Mayor opened the public hearing.
No one spoke in favor.
Susan Volgamore stated that although she was not within 200 feet of
the proposal, she had a concern as the developer also owned the
vacant lot adjacent to her property. She was concerned about a
precedent which would be set in this location. She felt that this
proposal would give the neighborhood a cookie cutter appearance.
Changing the front setback to 16 feet would allow a car to block
the sidewalk which would not be safe for young children on the
sidewalks. Deed restrictions called for a minimum of 18 foot wide
driveways to provide for off-street parking. Changing the rear
setback would allow the homes to be built closer to the highway.
This section of Highway 77 would be redone in the near future. She
desired the City to make the deed restriction clear to the
• developer before permits were issued and construction began. She
felt it was best for the developer to abide by the existing r
conditions set in the property deeds.
Randy Smith stated that he was representing his aunt who lived near
the proposal. Her position was against the requested variance for
the front setbacks. With that proposal, one lot would stick out
6 from all the other homes in the area. His aunt felt that moving + O
the homes closer to the street would reduce property values in the
area. The builder should change the design of the homes instead of
trying to design all the homes the same and not request these
variances. He requested that Council do the right thing and not
allow the variance.
The Mayor closed the public hearing.
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May 6, 1997
Page 5
Beasley motioned, Hiles seconded to deny the request.
Council Member Beasley stated that she had looked at the property
and felt it was a small area and not conducive to building close to
the street. She felt that the developer should build a different
type of home to accommodate the lots.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously. Request denied.
11. The Council held a public hearing and considered adoption of
an ordinance approving a detailed plan of 8.99 acres in Planned
Development 104 (PD-104). The subject property was located on the
south side of Hobson Lane, approximately 500 feet east of Country
Club Road. (The Planning and Zoning Commission recommended
approval 7-0.)
Rick Svehla, Deputy City Manager, stated that this was a request
for a change in the Planned Development which was approved several
years ago. This request met all of the normal criteria for a low
intensity area. The number of lots was less than what was
previously approved. The Planning and Zoning Commission
recommended approval.
Mayor Miller asked if this would be a gated community.
Svehla stated that there had been discussions about that and it
appeared that it would be a gated community. With a gated
community, the internal streets of the development would be
private. Originally there was over 20% opposition but the
neighbors to the east of the proposal had withdrawn their
opposition which would only require a simple majority vote of the
Council.
The Mayor opened the public hearing.
Greg Edwards stated that the developers were trying to improve on
the existing site plan. Two and a half acres of adjacent property
O had been added to the proposal. The intensity allowed on that
additional acreage would be 30 units but the developer was only
proposing to add one additional residential site. The other lot
would be a homeowners lot to facilitate the transfer of the roads
and amenities to the homeowners association. There was no decrease
of the amenities on the property but rather increased such items as
the fencing requirements.
O council Member Cott stated that zoning went with the land and not O O
with the homeowners association.
Edwards stated that two lots were created in this parcel which
would be transferred to the homeowners association. The zoning was
not to be transferred but rather those two lots.
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City of Denton City Council Minutes
May 6, 1997
Page 6
Council Member Beasley stated that there were comments indicating
that the proposal was in a flood plain.
Edwards stated that the flood plain area was to the west of the
property. Those issues would be addressed during the platting
process. At this puint in time, no lots were in the flood plain.
Council Member Biles stated that the difference in the two planned
developments was that direct access was eliminated from Hobson
Lane.
Edwards stated that was correct.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-121
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 85-256,
AS AMENDED, TO PROVIDE FOR APPROVAL OF A DETAILED PLAN
FOP 8.99 ACRES THEREIN AS SHOWN IN THE ATTACHED DETAILED
PLAN, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH
SIDE OF HOBSON LANE, APPROXIMATELY 600 FEET WEST OF
COUNTRY CLUB ROP (F.M.. 1830) ; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
1 VARIANCED
• 12. The Council considered an exaction variance of Section 34-
114(17) concerning perimeter sidewalks for a detailed plan of 8.99
acres in Planned Development 104 (PD-104). The subject property
was located on the south side of Hobson Lane, approximately 500
feet east of Country Club Road. (The Planning and Zoning
commission recommended approval 6-1.)
• Rick Svehla, Deputy City Manager, stated that this was the same O •
planned development which was considered during the public
hearings. Normally sidewalks would be required on both sides of
the street. Considering that the internal access would be on a
private street, there would be no need for sidewalks on the public
street. Sidewalks along the flood plain side would allow for access
to future parks and greenbelts.
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May 6, 1997
Page 7
Young motioned, Beasley seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
13. The Council considered an exaction variance of Section 34-
114(5) concerning perimeter paving. The subject property consisted
of 13.401 acres, was in the Light Industrial (LI) zoning district,
and was located on the west side of Mayhill Road, approximately
1,000 feet south of McKinney Street. (The Planning and Zoning
commission recommended approval 7-0.)
Rick Svehla, Deputy City Manager, stated that this request dealt
with perimeter street paving. There were two lots associated with
this proposal. One lot would be dedicated to the City as it was
fully located in the flood plain. The other lot would be
d^veloped. The Subdivision Rules and Regulations required
perimeter street paving along Mayhill. Currently Mayhill Road did
not have curb and gutter. It was felt that this might not be
useful in this area as the rest of the property in the area did not
have this type of paving.
Mayor Miller stated that part of the condition of the variance was
that the developer would pay $12,400 for the paving of Mayhill
Road.
Svehla replied correct.
Council Member Beasley asked about the lot which would be given to
the City.
Svehla stated that the proposal started with 13 acres of land. The
lower lot was totally to the flood plain. Because the subdivision
regulations only allowed lots which could be developed to be
platted, the developer could not plat the lower lot unless the
developer could guarantee that it would never be developed. A way
to do that was to deed the property to the City.
Council Member Durrance stated that Mayhill was a very heavily
travelled street.
Svehla replied correct. `
Council Member Durrance stated that the City would have to do work
there anyway due to traffic problems in the area.
• Svehla replied correct. L
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Council Member Young asked if there was a time frame for doing
something with the bridge and creek in the area.
Svehle replied that those were currently not in the CIP. The
projecca had been looked at but currently there was no money in the
CIP for the bridge.
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May 6, 1997
Page 8
Durrance motioned, Biles seconded to approve the variance request.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
14. The Council considered an exaction variance of section 34-
114(17) concerning sidewalks for Rancho Del Lago. The subject
property was in the Agricultural (A) zoning district, consisted of
735.892 acres, and was located between U.S. 380 and McKinney
Street, approximately 6,000 feet east of Mayhill Road. (The
Planning and Zoning commission recommended approval of a partial
variance 7-0.)
Mayor Miller indicated that Items 14-16 would be considered at the
same time.
Rick Svehla, Deputy City Manager, stated that the whole area was
recently downzoned from a planned development with high intensity
and density to agriculture zoning with minimum of one-acre lots.
This would be a long narrow estate kind of development. Most of
the lots were 2-5 acres in size. The first variance dealt with
sidewalks. The applicant was requesting a variance to all
sidewalks. Stiff was in agreement with that request except for one
situation. A major secondary arterial was planned in this area
which +-could result iii more traffic in the area. Because of that,
staff felt it was important to have sidewalks on at least one side
of the development. The second variance was for drainage.
Channels and other large drainage structures normally had a
concrete bottom or some type of improvement to help with erosion.
Because the proposal was the last subdivision before the main water
courses moved into the lake, all of the drainage would have been
collected urstream. The petitioner would like to leave the
channels natural. The third variance was for lot length.
Currently the requirement was for a 1,200 maximum lot length
between side streets. These lots had lot frontage in excess of 200
feet. At 200 feet of frontage there would only be six residents on
each side of the street. Normally in 1200 feet there would be 24-
30 lots.
• Council Member Durrance stated that there would be sidewalks
on one side of the street.
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Svehla replied correct. l
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Council Member Durrance stated that the City would acquire the
maintenance costs for drainage areas which were not improved. `
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Svehla stated that once those were dedicated to the City, the City
would maintain them.
Council Member Durranco asked what would be the fiscal impact for
that area.
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May 6, 1997
Page 9
Svehla replied that it would be minimal. The drainage water would
not be a factor.
Council Member Durrance asked if the Fire Department was in
agreement with the placement of the fire hydrants.
Svehla replied correct.
Council Member Durrance stated that the developer understood that
some of the lots might have a fire hydrant in the middle of the
lot.
Svehla replied correct that that was done now to meet the
requirements of the 600 foot spacing.
Brock motioned, Biles seconded to approve a partial variance as
recommended by the Planning and Zoning Commission for Item 114 and
approve the variances for Items 015 and 116. On roll vote, Beasley
"aye", Brock "aye", Cochran "aye", Durrance "nay", Young "aye,,,
Brock "aye" and Mayor Miller "aye". Motion carried with a 6-1
vote.
15. The Council considered an exaction variance of section 34-
124(e) concerning drainage design standards. The subject property
was in the Agricultural (A) zoning district, consisted of 735.892
acres, and was located between U.S. 380 and McKinney Street,
approximately 6,000 feet east of Mayhill Road. (The Planning and
Zoning Commission recommended approval 7-0.)
This item was considered with Item 114.
16, The Council considered an exaction variance of Section 34-114
(8)(c) concerning the maximum block length. The subject property
was in the Agricultural (A) zoning district, consisted of 735.892
acres, and was located between U.S. 380 and McKinney Street,
approximately 6,000 feet east of Mayhill Road. (The Planning and
zoning commission recommended approval 7-0.)
This item was considered with Item 114.
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CONSENT AOEP-12A
Council Member Young asked to discuss Items 1191 121, and 122.
Council Member Young asked if Item 019 was an additional street
sweeper.
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Denise Harpool, Senior Buyer, stated that it would be an addition
to the motor pool.
Council Member Young asked about Item 121 which was the activity
stage at Fred Moore Park. If approved, how long would it be before
construction started.
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May 6, 1997
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Harpool stated that normally a contract would be signed and
returned within 15 days with construction starting after that.
Council Member Young asked if item 022 was new playground equipment
for Fred Moore Park.
Harpool replied correct.
Mayor Pro Tem Brock asked if any other park would be receiving
equipment.
i
Harpool indicated that the equipment was for the Fred Moore and
McKenna Park sites.
City Manager Benavides pulled item 024 from consideration.
Biles motioned, Young seconded to approve the Consent Agenda and
accompanying ordinances except for Item 024. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
17. NO. 97-122
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Bid 02025 - Preventive Auto Maintenance)
18. NO. 97-123
Air ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Bid ;02030 - 2500 KVA Transformers)
19. No. 97-124
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Bid 12038 - Self-Propelled Road Sweeper)
• 20. NO. 97-125 0 !
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. (RFSP 12008 - Automated Recreation
Management System)
c=r ,
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City of Denton City Council Minutes
May 6, 1997
Page 11
21. NO. 97-126
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid 12043 - Fred Moore
Park Activity Stage)
22. NO. 97-127
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid 12046 - Fred Moore
Park/McKenna Park Site Improvements)
23. NO. 97-128
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. 174512
- AMS Pump)
24. Pulled from consideration
25. NO. 97-129
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF LEWISVILLE RELATING
TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS
WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND
SERVICES; AND DECLARING AN EFFECTIVE DATE.
` IT ML_?OR INDIVIDUAL CONG IDERATION
26. The Council considered adoption of an ordinance annexing a
286.57 acre tract located north of Brush Creek Road and east of
• U.S. Highway 377; and establishing temporary agriculture "A" zoning
district classification. (A-75)
i
Rick Svehla, Deputy City Manager, stated that this was the final
reading of this annexation. The site was located on the
southwestern end of the City. i
• The following ordinance was considered: ` •
NO. 97-110
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A
TRACT COMPRISING 286.57 ACRES, LOCATED NORTH OF BRUSH
CREEK ROAD AND EAST OF US HIGHWAY 377; TEMPORARILY
CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL
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City of Denton City Council Minutes
May 6, 1997
Page 12
DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Biles seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
27. The council considered adoption of an ordinance authorizing
the City Manager to execute an amendment to the commercial operator
airport lease agreement between the City of Denton and Bruce Brown
which was assigned per Resolution No. R97-015 to Dwayne E. Hatcher
and David W. Austin to allow for refinancing of the improvements i
within such lease.
Linda Ratliff, Director of Economic Development, stated that this
ordinance amended the lease between the City and Bruce Brown. On
April 1, Hatcher and Austin assumed the existing Brown lease. The
existing lease provided that any person or institution which loaned
money to the lessee for the construction of improvements could
operate or manage the improvements should the lessee default. In
this situation, the improvements had already been made so the
Hatcher/Austin bank required an amendment to the lease to indicate
that any person or institution that loaned money for construction,
purchase and/or refinancing of the improvements, could operate or
manage the improvements should the lessee default.
The following ordinance was considered:
NO. 97-111
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE
BROWN WHICH WAS ASSIGNED PER RESOLUTION NO. R97-015 TO
DWAYNE E. HATCHER AND DAVID W. AUSTIN TO ALLOW FOR
REFINANCING OF THE IMPROVEMENTS WITHIN SUCH LEASE; AND
PROVIDING AN EFFECTIVE DATE.
•
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
28. The Council considered adoption of an ordinance authorizing
• the city manager to execute an airport lease agreement between the
City of Denton and Ezell Aviation, Inc. for approximately 8.2 acres
of property located at the Denton Municipal Airport, which preempts
the lease assigned per Resolution No. 97-020 to Ezell Aviation,
Inc. from Fox-51 Limited.
Linda Ratliff, Director of Economic Development, stated that this
was a new lease with Ezell Aviation. On April 15th, Ezell assumed
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City of Denton City Council Minutes
May 6, 1997
Page 13
the Fox-51 lease and this ordinance outlined the additional
property included in the lease and the improvements.
The following ordinance was considered:
NO. 97-132
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND EZELL AVIATION INCORPORATED FOR APPROXIMATELY 8.2
ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL
AIRPORT, WHICH PREEMPTS THE LEASE ASSIGNED PER RESOLUTION
NO. 97-020 TO EZELL AVIATION, INC. FROM FOX-51 LIMITED;
AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
29. The Council considered adoption of an ordinance authorizing
the City Manager to execute a contract for child abuse prevention
services with Children's Trust Fund and with the Denton Family
Resource Center, Inc. as a subcontractor, to provide a family
resource center and to make application to the Children's Trust
Fund of Texas to obtain a grant for a family resource center;
ratifying the actions of the City Manager, City Attorney, and other
officials of the City in regard to this grant application.
Rick Svehla, Deputy City Manager, stated that this was the
culmination of one of the Vision projects. This ordinance would
authorize a contract with the Children's Trust Fund in which the
City would be acting as a fiscal agent to receive the funds and
subcontract with a family resource center to provide the services.
The following ordinance was considered:
NO. 97-133
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR CHILD ABUSE PREVENTION SERVICES WITH THE
CHILDREN'S TRUST FUND AND WITH THE DENTON FAMILY RESOURCE II
CENTER, INC., AS A SUBCONTRACTOR, TO PROVIDE A FAMILY
RESOURCE CENTER AND TO MANE APPLICATION TO THE CHILDREN IS
TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY
RESOURCE CENTER; RATIFYING THE ACTIONS OF THE CITY
• MANAGER, CITY ATTORNEY, AND OTHER OFFICIALS OF THE CITY •
IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
May 6, 1997
Page 14
30. The Council considered adoption of an ordinance authorizing
the City Manager to execute an agreement with the Texas Department
of Transportation for improvements to Eagle Drive at Bell Avenue,
Eagle Drive at Carroll Blvd. and Eagle Drive between Avenue A and
IOOF under the Congestion Mitigation and Air Quality Improvements
Program.
Rick Svehla, Deputy City Manager, stated that this ordinance and
the next two ordinances were part of the congestion mitigation
program. The first was a continuous left turn lane from IOOF to
Avenue A on Eagle Drive.
The following ordinance was considered:
NO. 97-134 f
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE
AT CARROLL BOULEVARD, AND EAGLE DRIVE BETWEEN AVENUE A
AND IOOF UNDER THE CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
31. The Council considered adoption of an ordinance authorizing
the City Manager to execute four agreements between the City of
Denton and the Texas Department of Transportation for the study and
improvement of four intersections within the City limits of Denton.
Rick Svehla, Deputy City Manager, stated that this was the same
kind of program as Item 130. Item 130 would have 80% State money
and 20% City monny. This agreement was for turn lanes at four
different locations.
• Council Member Beasley stated that the City's match would be from
bond funds and were to help mitigate pollution in traffic.
The following ordinance was considered:
NO. 97-135
• AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE •
CITY MANAGF:< TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY
OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN
THE CITY LIMITS OF DENTON; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
1 7 Z, 721
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City of Denton City Council Minutes
May 6, 1997
Page 15
Beasley motioned, Brock seconded to adopt the ordinance. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
Faye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
32. The Council considered adoption of an ordinance authorizing
the City Manager to execute an agreement with the Texas Department
of Transportation for improvements to Carroll Blvd. from F.M. 428
to U.S. 377 under the Urban Street Program.
Rick Svehla, Deputy city Manager, stated that this was an urban
street program with a 70-303 match. The program would repair
defects in pavement particularly on Carroll Blvd.
The following ordinance was considered:
NO. 97-136
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO CARROLL BOULEVARD FROM F.M. 428 TO U.S.
377 UNDER THE URBAN STREET PROGRAM; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried with unanimously.
33. The Council considered approval of a resolution authorizing
the sale of property described as Lot 3, Block 1, Woodcreek
Addition, Denton, Denton County, Texas, as more fully described
herein; authorizing the Mayor to execute a deed without warranty to
the purchaser.
Gilbert Bragg stated that his firm had filed suit on this property
on behalf of the City and other taxing jurisdictions. No bid was
received at the public auction. It was bid in trust to the City of
Denton which held it in trust for the City, the County of Denton
and the Argyle School District. The property needed to be resold
and there was an interested individual offering an amount in excess
of judgement.
The following resolution was considered:
NO. R97-021
A RESOLUTION AUTHORIZING THE SALE OF PROPERTY DESCRIBED • •
AS LOT 30 BLOCK 1, WOODCREEK ADDITION, DENTON, DENTON
COUNTY TEXAS, AS MORE FULLY DESCRIBED HEREIN; AUTHORIZING
THE MAYOR TO EXECUTE A DEED WITHOUT WARRANTY TO THE
PURCHASER; AND PROVIDING AN EFFECTIVE DATE.
y:
~ex. u.r emu,, a .Y .J
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City of Denton City Council Minutes
May 6, 1997
Page 16
Biles motioned, Young seconded to approve the resolution. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
34. Nominations/appointments to City Boards/Commissions.
There were no nominations/appointments at this time.
35. The Council considered adoption of an ordinance canvassing the
returns and declaring the results of the regular municipal election
held in the City of Denton on May 3, 19977
Jennifer Walters, City Secretary, read the results of the election.
The following ordinance was considered:
NO. 97-137
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS of THE REGULAR MUNICIPAL ELECTION HELD IN THE
CITY OF DENTON ON MAY 3, 1997; AND PROVIDING AN EFFECTIVE
DATE.
Durrance motioned, Cott seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
36. Oath of Office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administered the Oath of Office
to Carl Young, District One; Neil Durrance, District Two, Mike
Cochran, District Three; and Sandy Kristoferson, District Four.
37. Election of a Mayor Pro Tempore.
Beasley motioned, Durrance seconded to nominate Euline Brock as
Mayor Pro Tempore.
•
Council Member Young nominated himself.
Council Member Durrance motioned to cease nominations.
on roll vote .'.or Euline Brock for Mayor Pro Tempore, Beasley "aye",
Brock "aye", Cott "aye", Durrance "aye", Young "nay", Biles "aye",
• and Mayor Miller "aye". Nomination carried with a 6-1 vote. • O
On roll vote for Carl Young as Mayor Pro Tempore, Beasley "nay",
Brock "nay", Cott "nay", Durrance "nay", Young "aye", Biles "nay",
and Mayor Miller "nay". Nomination failed with a 1-6 vote.
38. The Council convened into a Closed Meeting to discuss the
following:
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City of Denton City Council Minutes
May 6, 1997
Page 17
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
f
1. Discussed and considered settlement in the Sangster
case.
2. Discussed and considered settlement of litigation
styled Yanit v. City of Denton.
3. Discussed and considered settlement demand in claim
of Tetreault.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments - Under TEX. GOVT CODE
Sec. 551.074
39. The council considered adoption of an ordinance approving and
authorizing the City Manager to execute a compromise settlement
agreement in the matter of Yanit v. City of Denton; authorizing the
expenditure of budgeted funds in an amount not to exceed
$10,229.11.
The following ordinance was considered:
NO. 97-13&
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT AGREEMENT IN THE MATTER OF YAPIT V. CITY OF
DENTON, TEXA ; AUTHORIZING THE EXPENDITURE OF BUDGETED
FUNDS IN AN AMOUNT NOT TO EXCEED $100229.11; AND
DECLARING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Hiles "aye" and Mayor Miller "aye". Motion carried
unanimously.
40. Miscellaneous matters from the City Manager.
f
City Manager Benavides did not have any items at this time.
i
41. There was no Official Action on Closed Meeting Items discussed
earlier in the meeting.
42. New Business
• •
The following items of New Business were suggested by Council •
Members for suture agendas.,
A. Mayor Pro Tem Brock asked for a possible agenda item
regarding a specific use permit which would allow residential use
in general retail.
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City of Denton City Council Minutes
May 6, 1997
Page 18
Rich Svehla, Deputy City Manager, stated that there was a question
of whether that could be allowed. Currently there was no way to
allow a specific use permit for a single family residence in a
general retail zone.
Mayor Pro Tem Brock stated that she would like the Council to
consider that as a general issue.
B. Mayor Pro Tem Brock stated that there was a vacancy on
the Planning and Zoning commission and would like that placed on
the Council agenda for consideration.
C. Mayor Pr Tem Brock stated that she would like to consider
an ordinance rerouting the truck traffic onto Loop 288.
D. Council Member Young suggested that the City Manager look
at land between Bell Avenue and Austin street as a possible site
for a new central fire station.
With no further business, the meeting was adjourned at 11:00 p.m.
JACK MILLER] MAYOR
CITY OF DENTON TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO0383
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Agenda ko
Agenda Ile
Date
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: July 15, 1997
SUBJECT: Hold a public hearing and consider an ordinance rezoning 0.536 acres
from a Single Family 7 Conditionad (SF-7[c]) zoning district to a Planned
Development (PD) zoning district and approving a detailed plan for an
amenkles center for the 0.536 acres. The subject property is located
approximately 1,100 feet east of the Lillian Miller Boulevard and Teasley
Lane intersection.
i
RECOMMENDATION:
i
The Planning and Zoning Commission recommends approval of the request (6-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
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Please advise if I can prov!de additional information
Respectfully submitted:
Rick Svehia
Deputy City Manager
Prepared by:
Waller E, Reeves, Jr., AI P
Urban Planner
Approved by:
avid Hill, AICP, ASIvl
- Director of Planning
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance,
Attachment #3: Draft minutes of 6/25197 P&Z meeting.
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ATTAUMENT 1
L '
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: July 15, 1997
Subject: Z-97-016
GENERAL INFORMATION
Applicant: Carter & Burgess
7950 Elmbrook
Dallas, Texas 75247
Owner: Vista Oaks Development
1431 Greenway Dr., Suite 770
Irving, Texas 75038
Action: Detailed plan for 0.536 acres for amenities center,
,
i
Location: The subject property is located approximately 1,100 feet east of the
intersection of Lillian Miller Parkway and Teasley Lane (Enclosure 1).
Surrounding Zoning and Land Use:
LOCATION ZONING LAND USE
I
North: See Enclosure 2 Vacant land, to be developed as single family residential.
South: Sea Enclosure 2 Vacant fend, to be developed as single family residentlat.
East: See Endows 2 Vacant land, to be developed as single family residential.
West Sao Enclosure 2 Vacant land, to be developed as single ramily tesidental.
enton eve opment an: Low Intensity Are-a-#-77UMIK-alio(:
SPECIAL INFORMATION
The subject property is vacant and unplatted. Public improven. rots Nill include;
streets, water and sewer lines, drainage, and lire hydrants.
• BACKGROUND
The subject property was placed in the Agricultural (A) zoning district by Ordinance
69-01 which adopted a new zoning ordinance and zoning map for tf,e City. The '
property was rezoned to the Single Family 10 (SF-10) zoning district sometime before
September 4, 1984.
• September 4, 1964 • •
The property is rezoned from the Single Family 10 (SF-10) zoning d strict to Planned
Development 19 (PD-19) and a concept plan was approved for a mixed use
Page 1
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development.
August 19, 1986
The Council approves an amendment to PD-19 by increasing the number of single
family 7,000 square fool Icts.
January 22, 1991
PD-19 is again amended by adding approximately 1.5 acres of this PD to PD-16.
July 6, 1993
The property is rezoned from PD-19 to Single Family 16 (SF-16) and an Office
Conditioned (i zoning district.
January 21, 1997
The property Is rezoned from the Single Family 16 (SF-16) zoning district to a Single
Family 7 Conditioned (SF-7(c)) zoning district.
NOTICE
One (1) notice was mailed on June 13, 1997. That notice was returned in favor of the
request.
ANALYSIS I
The table below will provide a surnmary of the Plan related analysis for this project.
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Development Ri ing VS Pot Icy
POLICY COMMENTS Sirml r 111 *
M"Itr, boon. hleR
To be consistent with the Plan, a Mocated inlonmty . 32 Intensity trips,
development should not exceed its Pioposad Intensity . 16 intensity trips, x
allocated intensity
.
Strict jite plan control within 1,600 Low density residential use within 1,600 feet
feet of e>Ustlng low density ProposeI Is for a PD, x
• residential.
i
Trallic dasfgn to ensure that Multi- Direct access to the proposed Wlyd Rhrer
Family or Non-Resldsntial uses have Drive.
access to collectors or targer x
arterials with no direct access
through residential streets.
Sufficient green space, recreational Request Is for an amenities center to prodde _
• facilites and drvarsiy of poM are recreational space for the proposed x
prodded, subdivision, • •
Page 2
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Input into planning by neighborhood No neighborhood meeting has been held.
associations and councils Is
encowaged.
Mulbdamily concentration Not applicable.
MWll-family V. mile separation Not applicable,
Any form of continuous slrlp NA
comma rciat development is strongly
drsccuraged in or near tow intensity
ere .
equ re on etaf a an nc osure
1. Acreage. The acreage in the plan as shown by a survey, certified by a
registered surveyor.
Provided.
2. Land uses. Permitted uses, specific in detail as determined by the
department, and the acreage for each use.
Provided.
3. Off-site Information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off-site improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to the surrounding properties, uses, and
facilities.
Provided.
4. Traffic and Transportation. The location and size of all streets, alleys,
parking lots and parking spaces, loading areas or other areas to be used
for vehicular traffic; the proposed access and connection to existing or
proposed streets adjacent to the district; and the traffic generated by the
proposed uses.
The proposed use would normally be required to provide twenty-five (25)
parking spaces as per Section 35-301 of the Code of Ordinances of the City of
Denton. The applicant is providing only two (2) handicapped spaces at the
• direction of the staff. The staff's reasoning regarding the parking is two-fold.
First, by providing only handicapped parking, it encourages the use of the
facility by the residents only, and enhances the "neighborhood" feel by forcing
people to walk to the facility. The second reason is that the creation of a
twenty-five (25) space parking lot will have detrimental traffic impacts on Wind
River Drive, and in the future, it is very likely that the lot would receive
® significant use from people on the proposed linear park. ® •
Page 3
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ALTERNATIVES
1. Recommend approval without conditions.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
ATTACHMENTS
1. Location map.
2. Surrounding zoning.
3. Detailed Plan.
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a riw.a.aatar ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
A SINGLE FAMILY 7 CONDITIONED (SF•7[C]) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, AND APPROVING A DETAILED PLAN FOR
THE 0.536 ACRES THEREIN DEFINED, THE SUBJECT PROPERTY BEING LOCATED
APPROXIMATELY 1,100 FEET EAST OF THE TEASLEY LANE/LILLIAN MILLER
BOULEVARD INTERSECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF S2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Carter and Burgess, on behalf of Vista Oaks Development, owners of the
subject property, has applied for a change in zoning from a Single Family 7 Conditioned (SF-7[c])
zoning district classification and use designation to a Planned Development (PD) zoning district
classification and use designation and approval of a detailed plan for the 0.536 acres described in
Exhibit A, which constitutes the planned development; and
WHEREAS, on June 25, 1997, the Planning and Zoning Commission recommended approval
of the requested change in zoning and detailed plan; and
WHEREAS, the City Council finds that this change in zoning and detailed plan will be in
compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS:
Section . That 0,536 acres more particularly described by the legal description attached
hereto and incorporated herein as Exhibit A, is hereby rezoned from a Single Family 7 Conditioned
(SF-7(c]) zoning district classificatior 1 use designation to a Planned Development (PD) zoning
district classification and use designs - and a detailed plan for the 0.536 acres is adopted, said
• detailed plan being attached hereto ai. oorporated herein as Exhibit B for all pusposes.
Section It. 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.
I
• $.gg i n 11 . 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
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PASSED APPROVED this the day of
1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WATERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUIY, CITY ATTORNEY
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EXHIBIT A ~7 orL
LEGAL DESCRIPTION
AMENITY CENTER
WIND RIVER ESTATES
BEING A 0.536 ACRE TRACT OF LAND SITUATED IN THE JOHN McGOWAN SURVEY,
ABSTRACT NO. 797 AND THE J. FISHER SURVEY, ABSTRACT NO. 421 DENTON
COUNTY, TEXAS, BEING PART OF A GILLED 70.438 ACRE TRACT OF IJND AS DEEDED
TO VISTA OAKS DEVELOPMENT, LTD. AS RECORDED IN COUNTY CLEWS (CC) FILE
NO. 97-R0022730, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT). SAID 0.536
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER CF A CALLED 2.35 ACRE TRACT OF
LAND DEEDED TO FRED GOSSETT AS RECORDED IN CC FILE NO.9a-R0090079 DRDCT,
BEING AN INTERIOR ELL CORNER OF A CALLED 140.8025 ACRE TRACT AS DEEDED TO
HERSMAN DEVELOPMENT CORPORATION, AS RECORDED IN VOLUME 3453, PAGE 847,
DRDCT;
THENCE S 0004345' E, ALONG A EAST LINE OF SAID GOSSETT TRACT BEING THE
WEST LINE OF SAID HERSMAN TRACT, PASSING AT 197.39 FEET THE SOUTHWEST
CORNER OF SAID HERSMAN TRACT SAME BEING THE NORTHWEST CORNER OF SAID
VISTA TRACT , CONTINUING ALONG THE EAST LINE OF SAID GOSSETT TRACT A
TOTAL DISTANCE OF 233.94 FEET TO A POINT;
THENCE LEAVING SAID FAST LINE OF SAID GOSSETT TRACT OVER AND ACROSS SAID
VISTA TRACT ALONG THE SOUTH RIGHT-OF-WAY LINE OF PROPOSED WIND RIVER
LANE THE FOLLOWING THREE COURSES AND DISTANCES:
S 89.39'29' E, A DISTANCE OF 243.73 FEET TO A POINT. SAID POINT BEING THE
BEGINNING OF A CURVE TO THE LEFT,
ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1030.00 FEET, A DELTA
ANGLE OF 2542312', A LONG CHORD THAT BEARS N 79.3427' E, A DISTANCE
OF 452.17 FEET, AND ARC DISTANCE OF 45643 FEET TO A PAINT, AND
N 66'52'46" E, A DISTANCE OF 13815 FEET TO THE POINT OF BEGINNING, SAID
POINT BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE N 66'5246' E, CONTINUING ALONG SAIO PROPOSED RIGHT-OF-WAY, A
DISTANCE OF 134.95 FEET;
THENCE S 23.07'14' E, LEAVING SAID PROPOSED RIGHT-OF-WAY A DISTANCE OF
107.58 FEET TO A POINT, SAID POINT BEING IN A NON-TANGENT CURVE TO THE
RIGHT;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET,
A DELTA ANGLE OF 73'54'57', 'A LONG CHORD THAT SEARS S 00'12'09' W, A
DISTANCE OF 60,12 FEET TO A POINT;
THENCE S 53'14'40` W. A DISTANCE OF 120,00 FEET TO A POINT; 1
THENCE N 24.20'00" W, A DISTANCE OF 92.27 FEET TO A POINT;
THENCE N 18649'33"W A OF 99.1 FEET TO THE OF BEGINNING AND
• CONTAINING 0.538 ACRES IOF LAND, MOREIOR LESS. BASISIOF BEARING FOR THIS • O
DESCRIPTION IS THE NORTH LINE OF A TRACT OF LAND DEEDED 70 WESTMINISTER,
LTD., AS RECORDED IN CC FILE NO.97-ROO10209 DROCT.
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Minutes
June , 1997 ATIACHMENT 3 '
Page 2
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111, Hold a public hearing and consider appro~nl of the final replat of Lots lR through 3R,
Block One of the U.S. Bank Addition. The 5.82 acre tract is located on the north side
of University, between Hinkle and Cornell.
Ms. Russell read the agenda item and the rules of procedure for the public hearing and opened
the public hearing.
Nis. Bateman: This is consideration of a little less than six acre tract at the northwest corner
of University and Hinkle to be divided into three lots. Lot 1R will remain where the bank
currently is. Lot 211 is proposed for another bank and Lot 3R will be for future retail
development. Public improvements that will be associated with this plat will consist of
sidewalks on all street frontages, installation of one fire hydrant, various sidewalk and utiliry
easement dedications and extension of sewer and water. I will be happy to answer any
questions. The Development Review Committee does recommend approval.
Ms. Russell: Would the petitioner care to speak? With the petitioner not at the meeting, is
there anyone to speak in favor? Is there anyone to speak in opposition? Seeing none, are there
any final remarks? We will close the public hearing. Any discussion?
Bob Powell: I move to approve the final replat of Lots 1R through 3R, Block One of the U. S.
Dank Addition.
Ms. Schertz: I second.
Nis. Russell: Any discussion? All in favor of the motion, please raise your right hand.
Opposed same sign. Motion passes. (6-0)
IV. Hold a public hearin3 and consider a request to rezone 0.536 acres from a Single Family
7 Conditioned (SF-7[c)) zoning district to a Planned Development, and approving a
detailed plan for an amenity center. The subject property is located approximately 1,100
feet east of the Teasley Lane/Lillian Miller Parkway intersection.
Nis. Russell read agenda item and opened public hearing.
Mr. Reeves: This is a request to rezone a little over half an acre from single family 7
conditioned to planned development and approve a detailed plan for an amenity center. As you
will note in your backup, this piece of property is located right in the middle of what everyone
knows as Jake Hersman's property. It is about 1100 feet east of the intersection of Teasley Lane
and Lillian Miller. Almost smack dab in the middle of the property. We did do notice on June
® 13. We mailed out a whole one notice on that one. We did get a response and it was in favor. O
It shouldn't be too unusual that the owner would also wish to see the project approved. 1 am 40
not going to spend a lot of time going over the policy analysis. There ate a couple of things
associated with the detailed plan that 1 need to bring to your attention. The first thing that you
will notice, anr' here is some discussion in the backup on this, we don't have a listing for what
iy.
A
Minutes
June 25, 1997~~
Page 3
is called an amenity center in our zoning ordinance. What it is defined as is a community center !I
private. Our parking regulations require a minimum of 25 spaces. As part of a planned
development you have the authority to approve a plan that differs from our regulations as all
plan developments are custom designed zoning districts. In this particular case, the applicant
first came in with a plan for six parking spaces and after staff review we determined that for the
level of the proposal which is simply a pool and a bath house, 25 parking spaces would be rather
excessive. Given the fact that this area which is a drainage easement as well as being proposed
to become a linear park, would more likely become a parking lot for the park at some point in
the future. Coupled with the fact that we didn't really want to see a 25 parking space parking
lot having access to the proposed Wind River Lane, which is a collector level street and will
eventually connect up to the 35 frontage road. Once you get past Mr. Gossett's property at the
intersection, the only "driveways" would actually be other streets. There would be no individual
lot accesses to the street itself and so we felt that given the scale of this development and the fact
that we didn't want to create a driveway in the middle of the proposed street that some sort of
minimal amount of handicap parking would help maintain the neighborhood nature of the
proposal so that people actually have to walk to it or use the trail or ride a bike or something
like that rather than hop in the car and drive to it.
The second thing I want to bring to your attention is that, and the applicant is already aware of
this, the detailed plan does not show streetyard calculations nor does it show a calculation of the
200 that is suppose to be landscaped. It does however have sufficient number of trees shuwn
on it to meet those particular requirements. I would like to amend the motion to read - the detail
plan for the 0.536 acres subject to the condition that the streetyard calculation and the calculation
of the 20% to be landscaped be included on the plan: With that DRC recommends approval.
If you have any questions I will be happy to answer them.
Ms. Russell: Would the petitioner care to speak? Would you give your name and address
please?
Mr. Allen: Don Allen, I am with Carter and Burgess, 7950 EImbrook in Dallas. I am here
represeuting Vista Oaks Development in their request for your approval of this PD detailed plan
for an amenity center in Wind River Estates. I believe Walt presented the case pretty
thoroughly. Basically, we want to take two lots which are right now zoned for single family lots
and rezone those to allow us to build a community swimming pool that would serve the Wind
River Estates subdivision, both north and south of Wind River Lane which both the Hersman
Development and Vista Oaks Development are doing. It is a similar facility to what Vista Oaks
has built in other communities and has been very successful and well received by the
homebuyers. I think they have this down to a science. We respectfully ask for your approval
and will be happy to answer any questions you have about it.
p
Mike Bucek arrived at 5:15 p.m. a A
J
Ms. Russell: Any questions? Is there anyone who wishes to speak in favor of the petition? Is
there anyone to speak opposition? Seeing non. we will close the public hearing. Any final.
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Minutes
June Page 45, 1997DRA com
mens by staff?
Ms. Schertz: I will make the motion. I move we recommend approval of a cl inge in zoning
from a Single Family 7 conditioned zoning district to a Planned Development, Ltd the detailed
plan for the 0.536 acres to include a condition of the streetyard calculations and the landscape
calculations be included on the plan.
Mr. Powell: 1 second.
Ms. Russell: Any discussion? All in favor please raise your right hand. All opposed same
sign. Motion passes. (6-0)
V. Starting Over Addition. The 1.977 acre tract is located on the south side of University,
approximately six hundred (600) feet west of Cindy Lane.
a. Consider a variance of Section 34-114(17) concerning sidewalks.
Ms. Russell read agenda item.
Mr. Salmon: Starting Over Incorporated, owners of this proposed development have applied
for this variance. As you are all familiar with the cited section of our ordinance requires that
sidewalks be constructed along the frontage of any property that is being developed and platted.
In this case we've got approximately two acres of property bung platted for the Starting Over
Addition. The frontage is approximately 176 linear feet. The applicant feels that installing the
sidewalks for this particular facility is unwarranted due to the type of facility that it is and the
cost associated with those sidewalks would not be warranted which would make that an exaction
variance. You will be making a recommendation to the city council on this matter. Staff cannot
recommend the variance based on a reasonable relationship. The lot is only 176 feet wide. It
would cost approximately $1,700 to build that sidewalk. Compared to the cost of building a
sidewalk for an average single family home in Denton, it is a little bit more money. Typical
sidewalk for a home would be in the range of $900 to $1,200. However, there are going to be
quite a number of people possibly living at this facility at any given time. Probably more so
than a single family home. I would like to point out that there is existing sidewalk in the area
e in both directions of this property. Not directly adjacent, but there is sidewalk in either
direction on Highway 380. Also, I would like to point out that even though the sidewalk is
} somewhat sparse out there, currently almost all of the land is undeveloped which means as
property does develop we would be requiring them to install sidewalks as well. 1 will be glad
to answer any questions you might have.
® Nit. Powell: Why are they coming for a replat?
O ~
J hlr. Salmon: They have purchased two acres out of a twelve acre parcel. The remaining 10
acres is only preliminary platted.
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Apends No.
CITY COUNCIL P.BPORT
Agenda Item
Dale - S
DATE: June 23, 1997 -
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Amendment of Section 34-119 of the Code of Ordinances
RECOMMENDATION:
Planning and Zoning Commission recommends approval of the proposed ordinance
SUMMARY/BACKGROUND:
The proposed amendment requires "Estate Lots" to have a minimum of 100 feet of
lot width which is measured at the building line instead of loo feet of lot [
frontage which is measured at the front property line.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Engineering and Transportation Department
Developers
FISCAL IMPACT -
The ordinance amendment will have no direct fiscal impact.
Deputy LY SUBMITTED: -
RatSWema4-
tiCity Manager
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Dev n
Engineering Administrator
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MEMORANDUM
DATE: April 1, 1997
TO: Planning :.nd Zoning Commission
FROM: David Salmon, Engineering AdministratoaL
SUBJECT: Amendment of Section 34-114 of the Code of Ordinances
The City's current ordinance defining "estate lots" requires a
minimum size of one acre and a minimum frontage of 100 feet. If
all lots meet this standard, the subdivision is considered an
"estate:" subdivision and is permitted to use estate section
streets. Estate section streets are 24 feet wide with no curb and
gutter.
Following the "letter of the law", subdivisions with flag shaped
lots or pie shaped lots would not be allowed to use estate section
streets regardless of lot size.
Staff recommends that the word "frontage" be changed to "width".
Lot width is measured at the front building line which in most
cases is at least 50 feet back on the lot in estate type
subdivisions. This would allow flag and pie shaped lots in an
estate subdivision. Staff feels that this upholds the intent of
the ordinance which is to only allow estate street sections where
front yards will be ample due to the nuisances that often
accompanies borrow ditch style drainage.
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Recommended Motion:
l
I move that we recommend to the City Council that Section 34-114
(l)d be amended to require 100 feet of lot width instead of 100
feet of lot frontage for estate lots.
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SUBDIVISION AND LAND DEVELOPMENT § 34.114
(b) Where the city chooses to participate, the developer and city shall enter a written cost
participation agreement setting forth the respective duties of the parties. The public improve-
ments to be con Aructed pursuant to the agreement shall be determined by the public bidding
procedures requi •ed by state law for public projects. Bids shall be solicited so as to obtain the
proportionate cost i of the developer and city for the work to be performed under the bid to be
awarded. In accordance with state law, the city may choose to participate in the cost of public
improvements witl,out public bids when the city's cost is thirty (30) percent or less of the total
contract price.
(Ord. No. 88.103. § PApp. A, Art. 111, ch. IV, art. 4.03), 6.21.88)
Sec. 34.114. Streets.
All developments shall provide for streets and sidewalks to serve the development in
accordance with the requirements and design standards of this section and the city's master
thoroughfare or street plans.
(1) Street classifications. For the purpose of determining the street requirements of the
Code, all streets shall be classified and defined as follows,
a. Alley. A public or private vehicular accessway, designed for the special accom-
modation of the property it serves and not intended to be used for general public I
use.
b. Collector. A street whose main purpose is to collect and direct traffic from local
streets to arterial streets, to carry traffic between arterial streets or to provide
access to abutting commercial or industrial properties or higher intensity resi-
dential land uses. It is designed to handle no more than ten thousand (10,000)
vehicle trips per day.
c. Cul4e•sac. A street which terminates in a vehicular turnaround.
d. Estate subdivision. A local street, without curb and gutter, whose sole purpose is
to provide direct access to single-family lots of one (1) acre or more, each lot
having one hundred (100) or more feet of street frontage.
e. Locallresidential. A street whose sole purpose is to provide access to abutting
single-family or two-family residential properties. It is designed to serve no more
than five thousand (5,000) vehicle trips per day.
f. Marginal parallel access, A street which is parallel and adjacent to an arterial
S street. It is designed to provide access to abutting properties so that the properties
are sheltered from the effects of the through traffic on the arterial street or so
that the flow of traffic on the arterial street is net impeded by direct driveway
access from abutting properties. When used as a private drive, it shall be referred
to as a "private parallel driveway."
g. Off-site, Any street, other than a perimeter street, which extends beyond the
6t boundary of the development. B
h. Perimeter.Thatportionofanystreet,ofanyclassification,abuttingtheboundary
of the development.
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P&Z Minutes
April 9, 1997
Page 8
f vor and zero in opposition. At this time you are looking at the zoning and not the lot layouts.
The sign of the lots will be looked at during the platting phase.
Mr. Svehla: The requirement for the SF-10 will be ten thousand square foot s. The developer
can certainly p bigger lots than that. There is no restriction, but under that unless there is
sonic condition hod to the zoning when they come to plat they can be n thousand square foot
lots.
Ms. Russell: Would the itioner care to speak?
Mr. Kent Key: My name is Ken Key and my address is 25 Forrest Circle. I am developing
this property along with Dale and g Irwin. We did have neighborhood meeting and there was
some concern. I live near this propen and I understand it concerns, I know what my concerns
would be. That is why we put SF-10 the side tha abuts their neighborhood. They wanted us
to raise the lot size and leave the zoning a same we agreed to that on that side of the street.
They also wanted Us to lose a lot on the othe 'de f the street and we did agree to that. When we
bring it in for platting it will reflect those c ges. That is how we gained approval from the
neighborhood. 1 think we have a good transt on. Waveiler park community down the road
and we are just trying to make the transit' n from large estate homes down to the smaller less
costly homes. I think this will do that.
Ms. Russell: Is there anyone to in favor of the peti ' n?
Mr. Henry Rife: My name is enry Rife and my address is 2 8 Stonegate. I am probably the
spokesman for the Montecito pie who live next door. We h very good conversation with
Kent and the Irwins and we a very pleased to have them next to u We are looking forward to
this development.
Ms. Russell: Is Cher anyone to speak in favor of the petition? Is th a anyone to speak in
opposition? We wit close the public hearing. Does staff have any final re ks?
Nis. Bateman: S, f recommends approval. As Mr. Svehla said if you wan t to pi the condition
• on the zoning n you can do so. We will address the lots when the property is pla ed.
Mr. Powel . I move we recomrnend approval of Z-97-005.
Ms. S ertz: Second.
• M . Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
A prcved, (7-0) •
V. Consider amending Section 34-114(1)(d) of the Code of Ordinances concerning Estate Subdivisions.
~ I
Mr. Salmon: What has happened here is that we have an ordinance that says that you can build an E
estate style street as long as all of your lots are one acre or larger, and you have at least one
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P&Z Minutes
April 9, 1997
Page 9
hundred feet of frontage. Frankly we have never treated it that way. On several occasions we have
approved plats with pie shaped lots and/or flag shaped lots. A lot of those probably did not meet
this requirement. I don't think it was ever our intention to not allow these type of lots, obviously
we don't have a problem with them. In order to do this legally and meet all of our ordinance
requirements we would like to change the word "frontage" to "lot width." Lot width is defined
in the zoning ordinance as being measured at the building line setback. It would be mucit easier
to get a hundred feet at the building line than at the frontage line. Staff is recommending that we
make this change to the ordinance.
Mr. Cochran: I move that we recommend to the City Council that Section 34-114(1)(d) of the
Code of Ordinances be amended and require one hundred feet of lot width instead of one hundred
feet of lot frontage for estate lots.
Mr. Jones: Second.
Ms. Russell: Ariy discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
Consider amending Section 34-115(g)(2) concerning driveway comer clearance standards. '
Mr Salmon: This pa .icular one is a little bit of an anomaly. When the ordin was changed
backln 1988 we intended for the driveway comer clearance at two local streets be fifty feet and
it shovels that in all of the draft ordinances. For some reason when the gg inane went to City
Council left out and the ordinance was codified. The only diffefence between the draft
ordinance and adopted ordinance is that the draft ordinance added ofie more line for local/local
street driveway mer clearance to be fifty feet. What we are Iyo1'ting for is fifty feet measured
from the property to the edge of the driveway. There real[ i 't a problem doing this with our
zoning districts. Tht9 's really a safety issue. We curren ?on't have a standard and that is not
what we intended whenY"id the ordinance in 1988 Right now you could put a drive approach
on the comet and we want to correct this. We I be making some changes to the driveway
ordinance in the near future, >t we felt that this aspect needed to be taken care of immediately.
• Mr. Cochran: 1 move that we recom me to the City Council that Section 34.115(8)(2) of the
Code of Ordinances be amende~ ~o inclu C~ standard for driveway comer clearance to the
intersection of two local street and that the distance be fifty feet.
I j
Mr. Jones: Second.
Mr. Powell: How would this affect a narrow lot where there is 't fifty feet of clearance? f~
J Mr. Salmon/ Our current zoning ordinance has the smallest district as SF 4 which require, at least
sixty feet of lot width. Most of the time with the comer lot you have a wide side yard than you
do on a middle lot, so 9946 of the time when people plat SF-7 subdivisions comer lots are
always five or ten feet wider. If you have a planned development with narrowei lots then they
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-114
"STREETS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
AMEND THE DEFINITION OF "ESTATE SUBDIVISION"; PROVIDING FOR A SEVER-
ABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EF-
FECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That subsection (1)d. "Estate Subdivision" of Section 34-114 "Streets" of
the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows:
Sec. 34.114. Streets.
(1) d. Estate subdivision, A local street, without curb and gutter, whose sole purpose is to pro-
vide direct access to single-family lots of one (1) acre or more, each lot having one hun-
dred (100) or more feet of width.
SECTION II. That if any section, subsection, paragrapb, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTION Ill. That save and except as amvaded hereby, all the provisions, sections, sub
sections, paragraphs, sentences, clauses, and phrases of Chapter 34 of the Code of Ordinances
shall remain in full force and effect.
SECTION IV, That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of . 1997.
~ II
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: (V Wt
O
E AWPDOMORW 41 H AMENDMENT
PAGE 2
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Apendi No,
CITY COUNCIL REPORT
Agenda 118M-
Date
DATE: June 23, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Amendment of Section 34-115 of the Code of Ordinances
RECOMMENDATION: I
Planning and Zoning commission recommend approval of the proposed ordinance f
f
SUMMARY/BACKGROUND:
The proposed amendment will include a standard of 50 feet for driveway corner
clearance at the intersection of two local streets. Current codified version of
ordinance does not contain a standard.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Engineering and Transportation Department
Home Builders
FISCAL, IMPACT '
The ordinance amendment will not have a direct fiscal impact.
RES CT LY 5 ITTED:
R c Sv
Deputy City Manay?r
\ t
~ev Sa n
Engineering administrator
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MEMORANDUM
DATE: April 1, 1997
To: Planning and Zoning Commission
FROM: David Salmon, Engineering Administrate
SUBJECT: Amendment of Section 34-115 of the Code of Ordinances
Staff recently discovered that the intended standard for driveway
corner clearance for the intersection of two local streets was not
included in the codified version of the Code of Ordinances. Prior
to 1988 the standard was 40 feet. When the parking lot and
driveway ordinance was revised in 1988, staff proposed a 50 foot
standard which was also endorsed by the Traffic Safety Commission
at that time. In 1996 while presenting a proposed major revision
to the crdinance, the omission was discovered. The major revision
to the ordinance will be presented to the Commission at a latar
date; however staff would propose to correct this omission now as
it literally leaves the City with no standard for driveway corner
clearance at the intersection of two local streets.
This information was shared with the Traffic Safety commission
while they were reviewing the major revision of Section 34-115 and
they recommended that the driveway corner clearance be 50 feet at
the intersection of two local streets as was originally intended.
Recommended "otion:
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I move that we recommend to the City Council that Section 34-115
(g) (2) be amended to include a standard for driveway corner
clearance at the intersection of two local streets and that the
distance be 50 feet.
AEE00880
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SUBDIVISION AND LAND DEVELOPMENT. 134-115
b. The specified distances shall be measured at the right-of-way line from the edge
of the driveway nearest the intersecting street to the right-of-way line of the
intersecting street.
(2) The minimum comer clearance requirements are as follows:
Minimum
Intersection 7jpe fin ftev
Arterial - Arterial 250
Arterial - Collector 150
Arterial - Local 50
Collector - Local 50
(h) Driveway widths and grades. Driveway widths and grades shall be as follows:
(1) Widths. Driveways shall meet the fallowing width standards, unless 4oining prop-
erties provide for shared access of one (1) driveway, in which case a driveway of
greater width as necessary to serve traffic from both properties may be permitted
upon approval of the city engineer:
Width Curb Radius
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a. Single- or two-family use:
Maximum (3 car garagetcarport or more) 30 5
Maximum 20 5
Minimum 10 5
b, Other land uses:
Two-way driveway
Maximum 30 20
Minimum 24 10
One-way driveway,
Single lane eniry/exit
Maximum is 20
Minimum 12 10
Two-way lane, exit only
Maximum 30 20
Minimum 24 10 `
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P&Z Minutes
April 9, 1997
Page 9
hundred feet of frontage. Frankly we have never treated it that wry. On several occasions we have
appiove4 cats wial pie shaped lots and/or flag shaped lots. A lot of those probably did not meet
this requi I don't think it was ever our intention to not allow these type ogow, obviously
we don't have a p with them. In order to do this legally and meet aN of our ordinance
requirements we would Iiituchange the word 'frontage" to 'lot width-O Lot width is &%fined
in the zoning ordinance as being w<mred at the building lip rblCk. It would be much easier
to get a hundred feet at the building lin c at the iron tirx. Staff is recommending that we
make this change to the ordinance.
Mr. Cochran: I trove that we recommend to the Cityit that Section 34-114(lxd) of the
Code of Ordinances be amended *ire one hundred feet o 4o.width instead of one hundred
feet of lot frontage for estate .
Mr. Jones: Seto
Ms. R st Aoy discussion? All in favor please raise your right hand. Opposed s n* sign.
Aped. (7-0)
VJ. Consider amending Section 34-115(8)(2) concerning driveway corner clearance standards.
Mr. Salmon: This particular one is a little bit of an anomaly. When the ordinance was changed
back in 1988 we intended for the driveway comer clearance at two local streets to be fifty feet and
it shows that in all of the draft ordinances. For some reason when the ordinance went to City
Council was left out and the ordinance was codified. The only diffen:nce between the draft
ordinance and the adopted ordinance is that the draft ordinance added one more line for local/local
street driveway comer clea,ance to be fifty feet. What we are looking for is fifty feet measured
from the property line to the edge of the driveway. There really isn't a problem doing this with our
zoning districts. This is really a safety issue. We currently don't have a standard and that is not
what we intended when we did the ordinance in 1988. Right now you could put a drive approach
on the comer and we want to correct this. We will be making some changes to the driveway
ordinance in the near future, but we felt that this one aspect needed to be taken care of immediately.
Mr. Cochran: I move that we recommend to the City Council that Section 34-115(g)(2) of the
Code of Ordinances be amended to include a standard for driveway comer clearance to the
intersection of two local streets and that the distance be fifty feet.
Mr. Jones: Second.
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Mr. Pow;II: How would this affect a narrow lot where there isn's fifty feet of clearance?
Mr. Salmon: Our current zoning ordinance has the smallest district as SF-7 which requires at least
sixty feet of lot width. Most of the time with the corner lot you have a wider side yard than you
do on a middle lot, so 99% of the time when people plat SF-7 subdivisions the corer lots are
always five or ten feet wider. If you have a panned development with narrower lots then they
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P&Z Minutes
April 9, 1997
Page 10
would have to select a floor plan with a side entry or rear entry garage and put the driveway on the
opposite street.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
Vri~D'=Syehla: 'rt,
Mve hired a new pl anning director an:ane ve a co the press release. We
are very pleased to avid Hill with us. David has ive ba ckground and as you can
see he is the Director of Plarw the City of Victoria. t very well with the profile of what
we were looking for. He has major rience.wii~the Community Development Block Grant
program. He also runs what is tailed theme tan Planning Organisation, for us that is Council
of Governments (COG) down in rlfiagton. Ycu can me of the awards that he and his staff
oin us. He will s tart May 5th.
have won in the planingK1dWe are real excited to have F,
He is very eager fo ere and was very impressed with your staff.
VM. Future A enda Items.
40leeting adjourned at 6:35 p.m.
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ORDINANCE NO.
A,N ORDINANCE OF THE CITY OF DEN?ON', TEXAS AMENDING SECTION 34-115
"DRIVEWAYS AND PARKING LOTS" OF THE CODE OF ORDINANCES OF TIM CITY
OF DMON, TEXAS TO A-SI ND THE MININfust CORNER CLEARANCE REQUIRE-
MENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Tiff COUNCIL OF ITIE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION i. That subsection (gx2) of Section 34.115 "Driveways and Parldng Lots" of
the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows:
See. 34-115. Drh-eways and Parking Lots.
(g) Comer clearance standards.
(2) The minimum corner clearance requirements are as follows:
Minimum
intersection Tvtx in feet
Arterial - Arterial 250
Arterial - Collector ]so
Arterial - Local 50
Collector - Local 50
Local - Local SO
SECTION If. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
,~'CTICN III. That save and except as amended hereby, all the provisions, sections, sub-
sections, paragraphs, sentences, clauses, and phrases of Chapter 34 of the Code of Ordinances
shall remain in fall force and effect.
SECTION I . That this ordinance shall become effective immediately upon its passage
and approval.
• PASSED AND APPROVED this the day of .1997.
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JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda No,-9-7-0d 7
Agenda Ite
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ORDINANCE NO. Date f
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Nlanager 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 prodded in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION. 1. That the nwribered 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
2060 IA,IB,IC F.J. BUSINESSFORDIS $32,620
2060 2 INDIGO GRAPHICS S 1,969
2060 3 DENTON RECORD CHRONICLE S 9,900
2060 4 THE CROUCH GROUP (S 9,000)
2060 S KEVIN LEMASTER S 525
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, s,- dards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby •
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified suns contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION 1V. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY ORD
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DATE: JULY 15, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2060 - BROCHURES FOR PARKS DEPARTMENT
RECOMMENDAT10N: Council approve award of Bid 4 2060 -Brochures for Parks Department to the low
bidden meeting specifications:
IT ZI 3XNDDK WD
]A Printing F.J. Business Forms $16,376
IB Glossy Cover F.J. Business Forms $10,412
IC City Newsletter F.J. Business Forms S 5,832
2 Tkpesetting Indigo Graphics S 1,969
3 Distribution Denton Record Chronicle S 91900
4 Ad Sales Revenue The Crouch Group (23% commission) $9,000)
5 Cover Art Kevin LeMaster 5 525
Approximate Total for 3 Brochures 536,014
SUSLNIARY: Bids were solicited for the production and sale of advertising within the Packs Department
Brochure Publication. Low bidders meeting specifications are outlined above.
The brochure will be a 32 page, glossy cover issue with a 4 page City newsletter insert. Distribution will be in
the Denton Record-Chronicle newspaper.
The last brochure expense was approximately $38,000.
PROGRAMS.DEPARTIIIENTS OR GROUPS AFFECTED: Parks Department and Citizens of Denton.
FISCAL INIPACT: Budgeted '98 Fiscal Year Funds (General and Recreation). Some of the Recreation Funds
expense is offset by revenues generated from advertisements in brochure and class fees.
Attachments: Tabulation Shect
Letter from Janet Simpson, dated 6-20-97
Respectfully submitted:
a u oe
Executive a rector of Finance
• Prepared by:
ame: a erne Harden, A.P.P.
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Title: Buyer
Approved: ® •
Name: om aw, .
Title: Purchasing Agent
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NIDNAME BROCUtrAISPORPARIC RIK CROIICR KEVIN CLC N TEE fl DINTON DENTON M EGO
•RECREATION ►UBLISH• GROUP LIMASnR WSMESS BUSINESS BUSM ss PUBLISHING DEPOT GRAPHICS
OPEN DATE 1.17.7 PRINT PROD6 SEAVICSS FORMS CO
S QTY DRM71R10N VSIIDOR VENDOR 1'RNDOR YSNDGft YRIIDOR ' VENDOR VfO/00RY4100/'- VIl1DOR
1. FIRMS PP24MOP TPt I LRocum SINAI M_ M IMI]i M 11SL71 M M M ,
OICLDOLD IN PRICE R 1_m POROOrR
COYtt1144A NR_ M SIM.% NR _SIKII MR NR NL
ANDS AAl IORML71USTM MS.l1 M M _ 111.M NO Ra M M M r.,
IA rn II PROMING00PAL7fRMATITY111 '
MONK[ _ M_ M ND _tl[1J7 .A _ _ X537 _ OR M _ M
D'1LT.UD" IN PRIOf a 1_DR
IOICOYTR NL ND NS 69" ND 111.61 N1 M M
ANDS MLPORNifffl2TTIR ND NS _ NB 1RM _RS STL7T MD Nf NO
1. no PG 7Y►fyflTMiLAV0II _ 111Y R1 RD_ M ND u&t3 NR ND, SILT/
? PIRMf DRIRISIUMM ND NS M MR , NSA ND SIIUI M M ~
L COMM ADVI1'ILSPG IM _ 13% _M1 _ND 11% MK Nf Al
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CITY OF DENTON, TEXAS
DATE: June 2C, 1997
TO: Tom Shaw
Purchasing Agent
FRO14: Janet Simpson
Superintendent of Leisure Services
SUBJECT: Brochure Bid #2060
After evaluating Bid 02060 for the Parks and Recreation Department's
PLAY brochure, the following vendors are recommended. The PLAY brochure
advertizes the Department's activities and is published 3 times a year.
ITEM VENDOR 6ID
IA. PRINTING F.J. Business Forms $16,376
32 inside pages Denton, TX !163.76 per me)
(3 issues)
1B. GLOSSY COVERS F.J. Business Forms 1010,412
(3) 4 page Denton, TX
1C. CITY NEWSLETTER F.J. Business Forms a 5,832
(3) 4 page Denton, TX
2. TYPESETTING Indigo Graphics $ 1,968.75
(3) brochures Carrollton, TX ($18.75 per page)
3. DISTRIBUTION Denton Record s 9,900
• Insert in peep,2r Chronicle,
delivery 3 times Denton, TX
4. ADV. SALES The Crouch Group 238 Commission
(3) brochures Denton, TX (Approx. $3,000 on 3
a p.512,000 revenue(
5. COVER ART Kevin LeMaster $525
d (3) brochures Denton, TX j
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TOTAL $36,013.75
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All of our recommendations are for the lo% bidder, except for the typesetting. The lowest bid
was for $14 a page but was contngent on the printing contract being awarded to the same vendor.
Even taking into account the lower typesett;ng cost, that vendor's printing bid was still higher.
Our recommendation for the typesetting is :he next lowest bidder. I am confident that these bids are
competitive and give good value to the citizens of Denton.
If you have any questions regarding our recommendations, please call me at 349.8274.
Janet Simpson
Superintendent of Leisure Services
c Ed Hodney, Director of Parks & Recreation
Lorraine McGregor, brochure editor
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Agenda No
Agenda Item l a"
ORDINANCE NO. Oate_.- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FO, R
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING F(`R AN EFFECTIVE
DA E.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
lain 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 "BO Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment. supplies, or services, shown in the "Bid Proposals" attached hereto, are h,.-eby accepted
and approved as being the lowest responsible bids for such items;
BID ITEM
NUMBER NO VENDOR AMOUNT
2062 ALL HEN1 ILL BUS SALES. INC. $173,100.00
SECT ION 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 111. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
0 specified sums contained in the Bid Proposal and related documents herein approved and accepted. 0 0
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.oRD
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DATE: JULY 15, 1997
CITY_COUNC:L REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID M 2062 - 26 PASSENGER PARATRANSIT BUS
REC03INIENDATION: We recommend this bid be awarded to the -,ingle respondent, Hemphill Bus Sales,
Inc., in the amount of $86,550.00 per bus for a two bus total of 3173,100.00 with delivery in 120-150 days.
SU,N]I ARY: This bid is for the purchase of two 26 passenger buses to be leased to SPAN for public
transportation services. The uses will seat 24 passengers with two (2) wheelchair spaces. These buses are
equipped with automated wheel chair lifts and comply with all Federal Transportation Authority requirements.
We do not recommend the purchase of the alternate demo bus. The cost savings is not significant to offset
the depreciation of a demo unit.
PROGRA K DEPARTDIENTS OR GROUPS AFFECTED: SPAN Inc., Denton Public Transportation
and Flect Operations.
FISCAL Ih1PACT: Funds for the purchase of the two buses will come from a combination of Grant
funding:
Federal Transpo tatton Authority $122,179
Texas Department of Transporatlon S 37,631
C DEIG S-13.300
$173,100
Attachments: Tabulation Sheet
Respectfully submitted:
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Executive Director of Finance
• Approved:
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ame: om haw, i;
Title: Purchasing Agent
90 1. AGENDA
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BID N 2062
BID NAME :o easseneer ParatraosN Bus HEMPHILL
BUS
OPEN DATE June 26,1997
N TY DESCRIPTION VENDOR
1 2 Parstraasit Bus $86,550.00
2'Option 1-Heavy Sound Deadening NA
2 2 Alterante Paratraosit Bus (DEMO) $811550.00
ALT
581,500.00
ONLY ONE AVAILABLE
NO HID RESPONSES
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GILLIG
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Age ida No,JI-Age,tda Item
ORDINANCE NO. Datc_
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 I
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Th it the numbered items in the following numbered bids for materials,
equipment, supplies, or servtc~a, 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 AN10UNT
2067 ALL TEXAS WOMAN'S UNIVERSITY EXHIBIT A
OF CONTINUING EDUCATION
SECTION II, That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and I
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
0 Proposals, and related documents.
SECTION 111. That should the City and persons submitting approved and accepted items and k '
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
6 contract is in accordance with the terms, conditions, specifications, standards, quantities and 0
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION.IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a NTitten contract made Tursuant thereto as
authorized herein.
SECTIOPIY. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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BID # 2063 EXHIBIT A r-
BID NAME PC SOFTWARE TRAINING T.W.U.
CONTINUING
OPEN DATE JUNE 17, 1997 EDUCATION
# QUANTITY DESCR_IPTION__ T _VENOOR_
1 239 - WINDOWS 95 INTRODUCTION- - 1- $35.00
2 239 WINDOWS 95 ADVANCED $35.00
3 198 INTRODUCTION TO EXCEL 97 $35.00
4 177 INTERMEDIATE EXCEL S7 $35.00
5 122 ADVANCED EXCEL 97 $35.00
8 200 INTRODUCTION TO WORD 97 535.00
7 196 INTERMEDIATE WORD 97 $35.00
8 152 ADVANCED WORD 97 =73.00
-f--2-3-6- ---------OD----------------- -
INTRUCTION TO ACCESS 97 >i35.00
10 161 INTERMEDIATE ACCESS 97 r -$35.00
Si 112 ADVANCED ACCESS 97 $35.00
12 187 INTRODUCTION TO POWER POINT 9_ __$35.0_0
-
13 _ 122 INTERMEDIATE POWER POINT 97 3J5.00
U 98_ -ADVANCED POWER POINT 97
Is 259- --GROUPMSE 5.1 iii., 00
16 COST VARIANCE FOR CLASS
OUTSIDE 8 AM TO 5PM TIME S1S.00
17 COST FOR RETAKING CLASS UP TO
1 YEAR AFTER INITIAL INSTRUCTfO $20.00
18 COST OF PRE-TESTING AND POST
TESTING PER STUDENT PER CLASS NC
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DATE: JULY 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID N 2063 - PC SOFTWARE TRAINING
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible acceptable bidder.
Texas Woman's University, Office of Continuing Education at $35.00 per class student in the estimated total
amount of S94,360.00.
SUlliMARY: Ibis bid is for the training of approximately 500 employees in PC software related skills. The
500 employees will be involved in approximately 2,696 four (4) hour classes. Skill levels from introduction
through advanced are being offered at the employee's option. CCourses will include instruction in. Windows
95, Excel 97, Word 97, Access 97, Power Point 97 and Groupwise 5.1.
Texas Woman's University will supply all instructors, work books class rooms, labs and other associated
items to successfully conduct the classes. Each class will be limited to a maximum of 10-12 students.
The response of the apparent low bidder has been rejected due to conflict with provisions of the City Charter.
The Information Services Advisory Board recommends approval.
PROGRAlIS. DEPARTMENTS_OR_GROUPS- AFFECTED; lnfotmation Services Division and
Employees of the City of Denton.
FISCAL IMPACT: This training project will be funded as a portion of the Phase I Long Range Information
Technology Development plan. Accountt1468-044-COh4P-9647-9103.
Attachments: Tabulation Sheet
Respectfully submitted:
at se
Executive hector of Finance
Approved:
•
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Name: Tom D. Slfa%-v-,C-.P-.NT.7
Title: Purchasing Agent
894.AGENDA
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SID M 2017
1810 NAME PC SOFTWARE TRADING PROFESSIONAL NCTC BERGERS CO EXECUTRAIN 017L.BUSINESS T.WJJ, NEW
DEVELOPMENT OF TEXAS SCHOOL 'ONTINVDIO SIOR1210NS
(OPEN CATE .AME 17,1117 INST. LINT EDUCATION
'0 QUANTITY _ DESCRWTIOl1 V`-NOOK _ .,VENDOR _ VENDOR. _ VENODn_ YFIIDOR VIENODII VENDOR
1 239 WINDOWS /f WTROOUCTION $69.40 5015 $7900 $112.901 131.00 Uf.00 ()7001
2 239 WINDOWS 15 ADVANCED $41.40 349.►! !15.00 1112.!0 f7f 00 175.00 $37. DO j
3 116 INTRODUCTION 10 EXCEL 17 $41.40 149.15 $75.00 1112.50 (71.00 $A OO $37. DO II
4 171 INTERMEDIATE EXCEL 17 $4/.40 $49,11 Nf 00 $112.50 $71.00 115 W $33,00
7 11100 135 DOi $37. DO,
6 122 ~ADVAKEDEXCELI7 $49.40 $41.15 $73.00 $112.50
S 200 NTRODUCTION TO WO RD 97 519.10 $41,15 $7500 $117 SO $71.00 13!.00 (17.00
196 INTERMEDIATE WORD97 $0401 549.95I STS 00 $112.30 $77.00 135.00 637.001
1 152 ADVANCED WORD 07 50.401 $4995+ 115.401 $112.50 f11,7J $33.00 $75.00
1 239 INTRODUCTION TOACCESS 97 $49.40111 $4/.l1J 175.00 $11250$ U7.00 $72001 $172.00,
10161 INTERMEDIATE ACCESS 07 $49.401 $49 if 1111 175.00~ $112504 $27.00 $3500 SR6.DOI
11 112 (ADVANCED ACCESS 17 $41.40` $49951 $15.00111250 1116.00 $73.00 $6600
121 111 INTRODUCTION TO POWER POINT! 641.40` $i11.Y5 vim $112.501 $70.D0~ 675001 $73.001
X13 122 IINTERMEDATEPOWER POINT 07 $41.40` $49.15 $75001111 5112.50 572.001 $35,001 $77.001
14 i b ADVANCED POWER POINT 17 $49.401 919,11 $71,001 1112.40 $71.00 173.001 1!300
1ST 2S1 OROUPWISE 6.1 WAD $41451 $75.00 $112.50 $77.00 $37,00 $37 DOS
16 COST VARIANCE FOR CLASS
OUTSIDE 6 AM TO SPM TIME NC $5000 NC •$45000 NO (1100 NC 611
17 1 COST FOR RETAKING LLASS UP TO
II YEAR AFTER INITIAL INSTRUCTION 14!.40 NC 11C NC 120.00( NC
71 COS 7 OF PRE-TES TWO AND POS 7-I I K I
• TESTING PER STUDENT PER CLASS $2.00 NC NA NC 14C NC f HC
'651.21
IF LESS
70 PER S7UDENTh
• 1 i $173.192.001 1202,200.00'1 1 S62,167.00i $64,360.00 6125.307,IW 1
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Agenda No
Agenda Ite~
ORDINANCENO. Date__
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowe~,4 responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2054 SOUTHWESTCONSTRUCTORS, INC. S 79,179.00
SECTION 11, That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a wTitten
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
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SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements rs authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION V. 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:
Af PROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY AT70RNEY
• BY: -
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DATE: JULY 15, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2054 - ASBESTOS ABATEMENT
RECO~LNIENDAT1ON: We recommend this bid be awarded to the lowest bidder, Southwest Constructors,
Inc., in the amount of $79,179.00.
SIJWIIARY: This bid is for the asbestos abatement for Project 11 at the Denton Municipal Center. The
project includes abatement of asbestos near the Vision Room area in preparation for renovation at a future
date. The proposed renovation is intended to allow for the relocation of Customer Service and Tax Divisions
from City }{aII to DMC.
Our consultant, Triad Onsite Systems, has confirmed Southwest Constructors references and also found them
in full compliance Mth State of Texas regulations.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Facilities Management Division as well
as, to a small degree, employees and users of DMC.
FISCAL IMPACT. Funds for this contract will come from bond funds for building renovation account
0457.032-BLDG-9718-9101.
Attachments: Tabulation Sheet
Respectfully submitted:
t t
at u
Executive Director of Finance
Approved:
ame; Tom aw, ,
Title: Purchasing Agent
' B97.AGE8DA
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EID 1 3051
EID YA.HL Alberta Abetenat LA. H4. D.W.W AMERICAN CST SOMNW ST CLRTWMD
EMTRO. ENVIIlO ABATEMENT CNVIAO LNVRIO CONST. AEATLMENT
OPEN DATE lox 71.1947 MC. MC. SnCIALTI]LS D1C RIC EYBTLMS
EC / T OTV DESCRIMON VENDOR VENDOR VENDOR VENDOR VENDOR VLNWlt VENDOR
L Rue Dll 11137200 fl9di9.00 ftf 31700 SI14.I1130 tN.310A0 919Jri.00 779.40000
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Agenda No
Agenda Item /1:5
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gate/ /5-97 -
ORDINANCENO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
75957 POWER TECHNOLOGIES INC. $20,800.00
SECTION H. That the acceptance and approval of the above items shalt not constitute a contract
between the City and the person submitting the quotation for such items until such person shall
• comply mith all requirements specified by the Purchasing Department.
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SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized.
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SECTION 1V. 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
BY.
_
SOLE SOURCE
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DATE: JULY 15, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER q 75957 - POWER TECHNOLOGIES INC.
RECOISMIENDATION: We recommend that purchase order 075957 to Power Technologies Inc. be
approved in the amount of $20,800.00.
SUMMARY: Purchase Order #75957 to Power Technologies Inc. is for the acquisition of a power systems
simulator software license. This software is used to calculate the distance stnsitive component and loss matrix
for utilities transmission cost. The Power Technologies PSS/E software is the only software compatible with
Garland and Bryan who also own the Power Technologies Inc. PSS/E line power flaw tr,odule, open access
module and fault analysis module.
Due to the compatibility requirements with the Garland and Bryan systems, this acquisition is a sole source
and exempt from the bid process due to protection by copyright and,'or patents. (Chapter 252 Texas Local
Government Code).
Public Utility Board recommends approval.
PROGRAMS, DEPARTMENTS-OR GROUPS AFFECTED: Denton Electric Utilities and Cities of
Garland and Bryan.
FISCAL IMPACT. Funds for this purchase will come from 1996/97 budget funds account #610-133-1033-
3910-9103.
Attachments: Pt rchase Order # 75957
Respectfully submitted:
at u o e
Executive D rector of Finance
•
Approved:
ame. om aw,Z . ,
Title: Purchasing Agent
• B96.AGWDA • •
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PURCIIASG UIIUIII NU: y'•'+''y 1111S lS A xxx
Iles arrdrn, uepa 41110A (1n all CONFIRMING ORDER I
uwocos, dolive,y slips, eases, OF MARKEDI
elns., bores, packing slips rid bolls. 00 NOT DUPLICATE
lea No: Bid Na Dale. 06 24 97 Page No. 01
PURCHASING DIVICI~ Y9 1 a TEXAS SONf I DEEX~STEXAS 76201-4354
8171383-7100 DIFVV METRO 817/267-0042 FAX 8171383-7302
NDOR POWER TECHNOLOGIES, INC.
1ME/ 1482 ERIE BOULEVARD DELIVERY CONFIRMATION ONLY C27
)DRESS PO BOX 1058 ADDRESS ELECTRIC ENGINEERING
SCHENECTADY NI 12301-1058 901 A TEXAS ST "
DENTON, TX 76201
JUDITH A BRODEUR
VENDOR NO. POW54560 DELIVERY QUOTED 08 01 97 FOB DESTINATION 8UYER TS TERMS
j'.wj PM ryUe/
\ •"aIti ,fir. 9..',
I* GUMMY
101 1.00 EA VENDOR CAT. 1 N / A MFG NAME 19000.000 19,000.00
CITY 1 20556
POWER FLOW MODULE
D2 1.00 EA VENDOR CAT. 1 N / A MFG NAME 1,800.000 1,800.00
CITY 1 20556
UNBALANCED FAULT ANALYSIS
POWER SYSTEM SIMULATOR SOFTWARE, PSS/E
AGE TOTAL t 20,800.00
GR ND TOTAL c 20,800.00
• 1 610 133 1033 3910 9103 20,800.00 Ip
E
IDOR INSiRUC110Nc i. lerms • Nei 30 ev.., v+,n
fend wigiNl Ivalce with drpliute COPY 1 4. Shipping instructions: F,011 Des"ifn prepaid ft*hs, .aww,. vr,+,u
]ill to Accounts Payable ! S. No federal or still goes tea shah be ineMded
u
' c +ng Division
Densai, M11K1a 0 A 1-II.9in prices billet
PURCHASING r
Agends No, g7 D~z'~_ I
Agenda Item f(o
Date 7-f.S-- -97
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
(NCTCOG) RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS
WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND
DECLARING AN EFFECTIVE DATE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION]. That the Mayor is hereby authorized to execute an Interlocal Agreement with
the North Central Texas Council of Governments (NCTCOG) relating to participation in various
City of Denton contracts which provide for the purchase of various goods and services, a copy of
such agreement is attached hereto and incorporated by reference.
SECIIONIL 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
BY: _
NTERLOCAL OMER s O
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DATE: JULY 15, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy Dubose, Executive Director of Finance
SUBJECT: INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS
RECONLMENDATION: %'e recommend the attached lnterlocal Agreement between North Central Texas
Council of Governments and the City of Denton be approved.
SUI*01ARY: This interlocal agreement s intended to allow the City of Denton to participate in cooperative
purchasing agreements with NCTCOG for miscellaneous materials and supplies. The primary acquisition is
Fire DepartmenVEMS supplies and/or small equipment items.
PROGRANIS,DEPARTMENTS_ORGROUPSAFFECTED: Purchasing Division and Fire Department
FISCAL IMPACT. Acquisitions utilizing this interlocal agreement will come from budget finds. Any
purchase in excess of S 15,000.00 would continue to be presented to Council for final approval.
Attachments: lnterlocal Agreement with NCTCOG
Respectfully submitted:
Q
at u se
Executive irector of Finance
Approved:
Name: Tom Shaw, .
Title: Purchasing Agent
• 900. AGENDA
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COOPERATIVE PURCHASING PROGRAM
INTERLOCAL AGREEMENT
BETWEEN NCTCOG AND
(City or County)
This agreement is made this day of 19 between
and the NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG),
a Regional Planning Council of the State of Texas;
Pursuant to the authority granted by the Texas Interlocal Cooperation Act, Article 4413 (32c)
V.A.T.S., providing for cooperation between local governments ; section 791.025 (b), Local
Government Code; and Chapter 271, Subchapter F, Local Government Code, which authorizes
local government participation in cooperative purchasing programs operated by regional councils,
the parties hereto, in consideration of the premises and mutual promises contained herein, agree
as follows:
, hereinafter referred to as PURCHASER, appoints the NCTCOG,
hereinafter referred to as COUNCIL, as its purchasing agent for the purche+se of selected goods
and products through the COUNCIL'S Cooperative Purchasing Program. PURCHASER agrees
that the COUNCIL shall serve as the purchasing agent for said items, and agrees that the bid
process shall be conducted by the COUNCIL according to statutory bidding requirements.
PURCHASER agrees that all bid specifications for sald items &)all be as determined by
the COUNCIL.
PURCHASER shall be responsible for payment directly to the vendor under each contract
entered into pursuant to the cooperative purchasing program, and shall be responsible for the
vendor's compliance with all conditions of celivery and quality of the purchased items.
Is hereby designated as the official representative to act
for the PURCHASER in all matters relating to the program, including the designation of specific
contracts in which She PURCHASER desires to participate.
This agreement shall take effect upon execution by the signatories listed below.
This agreement shall be in effect from the date of execution until terminated by either party
to the agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
1 by their authorized officials the day and year first above written.
•
NORTH CENTRAL TEXAS COUNCIL OF PURCHASER i
GOVERNMENTS:
BY
Mike Eastland, TITLE
• Executive Director •
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Agenos No.,,,
Agenda Item _
Dale__ - S-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY TIM CITY OF DENTON FOR
ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND
UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to comply with legislative requiremcots for payment of energy
transmission services fees, the City of Denton is required to pay to the listed cities and utilities
(Exhibit A); and
WHEREAS, the City Manager has reviewed and recommended that the Council
approve the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the expenditure of funds In the amount of S1,1159,178.25 to be paid
to Listed Cities and Utilities in the specified amount (see Exhibit A), is hereby authorized.
SECTION 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:
1 JENNIFER WALTERS, CITY SECRETARY
• BY:
1 i
APPROVED AS TO LEGAL FORM: III
HERBERT L. PROUTY, CITY ATTORNEY I
BY:
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DATE: JULY l5, 1997
I
CITY COUNCIL REPORT
TO; Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER # 75969 - TEXAS UTILITIES
PURCHASE ORDER # 75970 - HOUSTON LIGHTING & POWER
PURCHASE ORDER # 75971 - CENTRAL POWER & LIGHT
PURCHASE ORDER # 75972 - CITY PUBLIC SERVICL OF SAN ANTONIO
PURCHASE ORDER # 75973 - GARLAND POWER & LIGHT
PURCHASE ORDER # 75974 - CITY OF BRYAN
PURCHASE ORDER # 75975 - GREENVILLE ELECTRIC
PURCHASE ORDER # 76326 - CITY OF COLLEGE STATION
PURCHASE ORDER # 76327 - PUBLIC UTILI71ES BOARD OF THE CITY OF
BROWNSVILLE
RECOMMENDATION: We recommend the nine (9) purchase orders listed above be approved in the total
amount of $1,159,178.25.
i
SUMMARY: These purchase orders are for payment of a fee imposed by the Public Utility Commission
of Texas (PUCT) for transmission services for energy delivered to the City of Benton. The Public Utility
Regulatory Act of 1995 (PURA 95) required the development of a new, statewide, mechanism for electric
transmission service in Texa_c. PURA 95 also placed municipal utilities under the jurisdiction of the Public
Utility Commission of Texas (PUCT) for matters related to transmission. As a result, the City of Denton
Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific
amounts for the transmission service Denton requires to receive energy necessary to operate its system. The
subject PO's provide the City of Denton the authority required by t`.m Charter to make those payments.
The subject purchase orders will encumber funds estimated as cost for services through September 30,1997.
No funs will actually be spent until invoices are received, mviewed and approved.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Denton Municipal Utilities
FISCAL IMPACT: Funds to meet these regulatory fee obligations are available from several Utility
Department 1996197 budget accounts. Are being consolidated into account # 610-132-1032-5650.8587.
Attachments: Purchase Order # 75969, # 75970, # 75971, # 75972, # 75973, 4 75974, # 75975, # 76326,
#76327
i
Respectfully submitted:
a u ose
Executive irector of Finance
Approved:
Name: Tom D. Shaw, C.P.M.-
Title; Purchasing Agent
9e7.ACENDA 2
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PURCHASE ORDER NO: 75969 THIS IS A %XX f
Ibis number mull amen on all CONFIRMING ORDER
lips„ , boxes. packing skips, cases, OF MARKED}
clns boneess, Dxtinp slips and bibs. DO NOT DUPLICATE
Req No, Bid Na D Dal& 07 07 97 Pape No. 01
CITY OF DENTON TEXAS
PURCHASING DIVISION if 901-B TEXAS STRE£f / DENTON. TEXAS 76201-4354
8171383-7100 O1FW METRO 8171267-0042 FAX 817/382-4692
VENDOR
NAME/ TEXAS UTILITIES DELIVERY CONFIRMATION ONLY C22
ADDRESS ELECTRIC CO. ADDRESS ELECTRIC SUBSTATION/FIBER
1601 BRYAN STE 36-F158 901A TEXAS ST.
DALLAS, TX 75201 DEW", TX 7b201
VENDOR NO. TEX95605 DELIVERY QUOTED 07 30 97 FOB DESTINATION BUYER TS TERMS
O I a . v Y y 'r gam: e' e di r r' ? , J" ` T' POU
AM(1lXIT
001 649,958.25 $S VENDOR CAT. # 'A / A MFG NAME 649,958.25 649,958.25
CITY # 17588
NDOLESAIS TRANSMISSION
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PA TOTAL 649,958.25
• TOTAL 649,958.25 •
GRI 01 610 132 1032 5650 8587 649,958.25 I
VENDOR INS•RtXTIONS 7. Terms Net 30 mi-A
1. Send original Invoke with 40vimals espy 4. Shipping instructions: F OO. Destinabo e.i
.n.,.., w,n,.U
7. 8d! is Accswts Payable S. No IederY or state styes ua ssdl be Included
71S E. McKinney St in pies billed c +p wsrOa f
Denton. TX 71201.4219 JI
"aaaa
[ILNICIIASE OIIOLII NO: X4970 1HIS IS A XX% j
Ih,s werilim Irma ,ggi0a tar ell CONFIRMING ORDER
air drys, cras, QF MARKED)
tlns., boxes, pecking skips one bdt;. DO NOT DUPLICATE -
Heq. No'. Fhb No: Date: 07 07 97 Pape No. 01
PURCHASING DIVIV~ Y9 t B 7EXXAS SONf I D~xONN. TEXAS 7620 1-4354
8171383-7100 DlFW METRO 817/267-0042 FAX 817/382-4692
VENDOR
NAME/ HOUSTON LIGHTING 6 POWER DELIVERY COWIRIMATION ONLY C22
ADDRESS P.O. BOX 1700 ADDRESS ELECTRIC SUBSTATION
HOUSTON, TX 77251 - 901A TEXAS ST .r
DEW", TX, 76201
VENDOR NO. 80049000 DELIVERY OLIOTEO 07 30 97 lla~cc FOB DESTINATION BUYER TS TERMS
LINE T k S 444a ,ni i sr w. n is k:K x%aks r br § y.,~'°~e5 Mrr
001 372,653.25 VENWR CAT. / N / A MrG NAME 372,653.25 372,653.25
CITY # 17588
WHOLESALE TRANSMISSION
I
1
PACE TOTAL 372,653.25
A i GRAND TOTAL 372,653.25
O
J O1 610 132 1032 5650 8587 372,653.25
I
VENDOR INSTRUCTIONS ` 3. terms Net 30 tm- -0--, .,-,1--0
1. Send apinai Invoice with Oupl,ate copy..` 4. Snipping instructionr V00. Destination prepaid ki r,,
2 Bill to - Accounts Fayapla 5. No federal or state sales na shall he included
Its E. McKIrm 9t in prices boat r as vsion
Oentan. TK 7111.,1-1219
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PURCHASE ORDER NO: 75971 THIS IS A I XXX
This mintier muss appear on all CONFIRMING ORDER J
invoices, delivery shpt, cases. (IF MARKED}
ctnt.. boxes. packing sups and edit. DO NOT DUPLICATE
Req. No Bid Ntn
Dal*: 07 07 97 Page No. 01 4
D
CITY OAS
PURCHASING DIVISION 11 9001 B DEN STTRR of /rDEEN`ON. TEXAS 76201-0354 TEXAS VENDOR 8 171383-7 100 DIFW METRO 8171267-0042 FAX 6171382-4692
NAME/ CENTRAL POWER 6 LIGHT DELIVERY CONFIRMATION ONLY C22
ADDRESS C/O CSFFS TREASURER ADDRESS ELECIRIC SUBSTATION
P.O. BOX 21928 901A TEXAS ST
TULSA, OR 74121 DENTON, TX 76201 in
VENDOR NO. CENS3015 DELIVERY QUOTED 07 30 97 F08 DESTINATION WYER TS TERMS
NANIITU~,,I
,r9,?ti22 ..,A<.^': 5 e pryr .~Jj CcE d;; Jp ^k', !7•c 7J,7~~
001 63,587.25 VENDOR CAT. 1 I'7 A M NAME 63,.:1,587.25
CITY 1 17588
WHOLESALE TRANSMISSION
s
e PAM AL 63,587.25 I O
GRAND TOTAL 63,587.25
0 610 132 1032 5650 8587 63,587.25
VENDCR INSIRUCTIONS: 1. Terms - Net 30 W- .MU.,. y=a,.n.i
1. Send original Invoice Winn /uglitate Copy. 4. Shipping Imouctioat: F.O.B. Destination prepaid awe... .~..,y.or+a.I f
2 Bill to - Accomis Payable 5. No federal or stall sales tat sMR be included
215 E. McKinney St [ in prices billet PLirchaskV iDivision i
Denton. TK 76201.4299
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PURCHASE ORDER Na. 75972 THIS IS A
111; PUITit 01 rTU;I Si on all CONFIRMING ORDER ` XXX
invoices, delivery slips, cues, {IF MARKED} !I
clns., boxes, packing sips and bias. DO NOT DUPLICATE
Re4 No: aid Na D Detr. 07 07 97 Page No. 01
OEN PURCRASING DlvIC?TY9 1 El TEXXAS SONf I DENTM TEXAS 76201-4364
8171383-7100 OlFW METRO 3171267-0042 FAX 817/382-4692
VENDOR
NAME/ CITY PUBLIC SERVICE OF DELIVERY CONFIRMATION ONLY C22
ADDRESS SAN ANTONIO AOORESS ELECTRIC SUBSTATION/FIBER
P.O. BOX 1771 901A TEXAS ST.
SAN ANTONIO, TX 78296 DENTON, TX 76201
VENDOR NO. CIT49050 DELIVERY OUDTED 07 30 97 FOB DESTINATION BUYER TS TERMS
T $ iM r^) w {72<g kwn %6'4', to 4.;y ti er.. 5
IR Wea. AhV e.a~F~~hd R F
001 52,271.25 SS VENDOR CAT. # N / A NFG NAME 52,271.25 52,271.25 '
CITY 8 17588
WHOLESALE TRANSMISSION
•
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PAGE rOTAL 52,271.25
GRAND AL 52,271.25
01 610 132 1032 5650 8587 52,271.25
VENDOR INSTRUCTIONS 7. Terms - Nu 70 kw•,r •s•~•• 1-reel
1. Send snoirul inrolce wilb dupricals tally. I 4. Sbippinp 1nstrw ions F.O.B. Oestinalion ptorl er.i....e...•.. a•s.u
t Bi!I to - Accovnts Payable S. No fedaral or sole sales tax stall be intruded -
21S f. Mcttimey St in prices billet c inp Division
Denton, iR 76201.4269
t
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PURCHASE UIiDER N0: 'JS973 1HIS IS A f
Col
MIS uwidm, 414re1 appe■ w, MI CONFIRMING ORDER {
ins.. s, dclivoile skips, cues, ~ (If MARK 01
c lns bo*es, picking skips and bids, 00 NOT DUPLI
CATE
XXX
Re4 No. Bid Na Dace: 07 07 97 Page No. 01
Pt1RCHASING DIVIC«TY9DI B DEN~ONf DEN ON. TEXAS 762D1-4354 TEXAS 817/383-7100 0/FW METRO 8171267-0042 FAX 8171382-4692
VENDOR
NAME/ GARIIWD POWER c LIGHT DELNERY CON!'IRIAATION C22
ADDRESS 525 E. AVE 8 ADDRESS ELECTRIC SUBSTATION/FIBER
GARLAND, TX 75040 901A TEXAS ST
DENTON, 7X 76201 n
VENDOR NO. GAR49505 DELIVERY OUOTEO 07 30 97 FOB DESTINATION BUYER TS TERMS
TTY I OE r N1T
LK 0jA WT M9
00 12,775.50 S$ VENDOR CAT. 4 N / A MFG NAME 12,775.50 12,775.50
CITY i 17588 1
WHOLESALE TRANSMISSION
I
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• PACIS TOTAL 12,775.50
GRA RD TOTALt .12,775.50
01 610 132 1032 5650 8587 12,775.50 i
VENDOR INSTAKTIONS: 3 terms Net 30
1. Send original invoice with Npliate Copy. 4. Shipping instructiont F, 0.0 Destination peprd eMN„ .T..,,
L bill to - Accounts Pitiable 6 No ledenai or state safes us SW be Included
215 F, McKinney St in Prices billed Pvchasing Division
Denton, t1l 70201.1199
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PURCHASE ORDER NO: 759'14 THIS IS A
Ihu rxunbor rnu,t Xgow wr NI CONFIRMING ORDER
ctn&, bdelivery slips, rases, (IF MARKED) -
clns. boxes, packing slips and bills. DO NOT DUPLICATE
XXX
Req. No: Bid Na
Datr. 07 07 97 Page No. Ol
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CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-8 TEXAS STREET / DENTON, TEXAS 76201-4354
817/383-7100 D/FW METRO 8171287-0042 FAX 8171382-4692
VENDOR
NAME/ CITY OF BRYAN DELIVERY CONFIMATION ONLY C22
ADDRESS P.O. BOX 1000 ADDRESS ELECTRIC SUBSTATION
BRYAN, TX 77805 901A TEXAS ST
DEWTON, TX 76201 ro
VENDOR NO. DRY49000 DELIVERY QUOTED 07 30 97 f08 DESTINATION BUYER TS TERMS
d .
IV h,i 144'33" x?' O:Me a; ,4:a pr.J'F 1ro~e 'S n., DESMIlit ION
001 3221.25 VENDOR CAT. 1 N / A MPG NAME 3,221.25 3,221.25
CITY 111, 17588
N90LESALB TRANSMISSION i
I
I
PAGE AL 3,221.25
G'RAXD AL 3,221.25
O ~
r
Ol 610 132 1032 5650 8587 3,221.25
.
VENDOR P1STRKTIOUS i 3. Terms - Net 34 w.,, .a .n. ,n.aHxl
1. Send ariguul Invoice with duplicate copy. j 4. Shipping instructip* F.O.B. Destination prtpod w.,..e.,.~,. q.,;6.e1
1 Bill to Accounts payable ` 5. No Weral or sate sales to shop lie krcUed
215 L MCCkkm St in prkes biped ~3 cGU Division
Derrick TX 7020,1-4219
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f URCIIASE ORDER NO: THIS IS A
Ihls rKardLOr must appear orl kl •!5975 CONFIRMING ORDER XXX
ovoices, dolrvore slips, cases. OF MARKED)
ctns, boxes, packing slips and bins. DO NOT DUPLICATE
Dater. 07 07 97 Pape No. 01
Rea No: Bid No:
D
IT DEN
PURCHASING DIVISiON 1901 019 TEXAS SONf TEXASI TEXAS 76201-4354
8171383-7100 DIFW METRO 8T7/267-0v%s eAX 8171382-4692
VENDOR
NAME/ GREENVILLE E1JXTR1C UTILITY SYSTEM DFLIVERI CONFIRMATION C22
ADDRESS 6000 JOE RA14SEY BLVD ADDRESS ELECTRIC SUBSTATION / PIRn
GREENVILLE, TX 75402 901A TEXAS ST
DENM%I, TX 76201
VENDOR NO. tvGRE35005 y DELIVERY QUOTED 07 30 97 FOB DESTINATION BUYER TS TERMS
t I'Ilf,r•: "4.i'.8"J;.r~iZ~ r.FT B`,::~F
r`_ . AMQUNT
001 2943.75 SS VENDOR CA- I N / A MFG NAME 2943.75 2943.75
CITY 1t 17588
WHOLESALE TRANSMISSION
+ PAGE T01 ILL 2943.75 •
GRAND TOT : 2943.75
01 610 132 1032 5650 8587 2943.75
VEII. tall INSTRtRTtDNS Terms Net 70 kN611 .a^."w+rld.+.t
1, lend wipinal invoice with duth"Is copy. 4, Shipping I"Stroctieat F0.0. Deslinetian preod n,.41, .e..+. ga+.et
2. 841 to - Accamis Payable S. No federal or state sees w shat be inck*4
j 215 E. wKwey St ; in pricers billed c kV vision
Oertton. Tt 71201.4211
~y
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PURCffASE OROER NO; 7637.6 THIS IS A XxX
Ibus munbou must ppea on &I CONFIRMING ORDE
rips. b R
iiiyoices, delivery slips. cases, (IF MARKE _
lna- bores. pactinp dips and bins. 00 NOT DUPLICATE
- '
Rey Na Bid Na Date, 07 07 97 Pogo No. Ol
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CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-8 TEXAS STREET I DENTON, TEXAS 76201-4354
8171383-7100 D/FW METRO 8111287-0042 FAX 8171382-4692
VENDOR
NAME/ CITY OF COLLEGE STATION DELIVERY COMRMATION ONLY C22
ADDRESS P.O. BOX 9960 ADDRESS ELBCTSIC SUBSTATION / FIBER
COT.1 STATION, TX 77843 901A TEXAS ST
DENTON, TX 76201 S
VENDOR NO. COIA9050 DELIVERY QUOTED 07 30 97 FOB DESTINATION BUYER TS TERMS
T IE ~e G~rA>, %i„ ,fYt.f .r. Lr S( ^:iSi y~ a K. yav haF WT d? {
00 899.25 VENDOR CAT. f N / A IBG NANB 899.25 899.25
CITY 1 17588
NBOLESAIE TRANSMISSION
1
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GRAND s 899:25
01 610 132 1032 5650 8587 899.25
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I
VENDOR INSTRUCTIONS 3. Terms - Net 30 ah+^. N•°n•+I
I. Send willmal irvoice with dupiicate copy. 4. ShWing Insiructient F.O.B. Oestination drePaid w..• .n..~.• .rk+'•u
2 Hill to - Accounts Payable 5 No laderal or stele sties 4s sWI he Included
21S E. NkKime St in Deices lifted ur M19 v s w~i -y
Demon. T% 16201.4119 '
C~ ;
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PURCHASE ORDER NO: 76127 THIS IS A
CONFIRMING ORDER
Moo mxnbor must apper on all
X%X
invoices, delivery ,lips, cases. (IF MARKEDI
ctns,, boxes, packlnp slips and bills, DO NOT DUPLICATE
Rea No: Bid No: Dale: 07 07 97 Page No. 01 I
CITY
PURCHASING DIVISION 1 901 01B TEXXAS TONY TDEEXOAN,SEYAS 76201-4354
8171383-7100 D/FW METRO 8171267-0042 FAX 8171382-4692
VENDOR PUBLIC UTILITIES HOARD DELIVERY CONFIRRATION ONLY C22
ADORESS NAME/ OF THE CITY OF BROWNSVILLE ADDRESS ELECTRIC SOHSTATIOtl/FIBER
P.O. BOX 3270 901A TE3;AS ST
BRDSTNSVILLE, TX 78520 DENTON, TI 76201 Z
VENDOR NO, pOB55010 DELIVERY QUOTED 07 30 97 FOB DESTINATION BUYER TS TERMS
L ITMr (MIT DEStRIPTOC AMOUNT
001 868.50 SS VENDOR CAT. 4 N / A M13 NAME 860.50 868.50
CITY 1 17588
MHOLESALK TRANSMISSION
1
s
PAGZ TOTALt 868.50
CM D TOTALf 868.50
01 610 132 1032 5650 8587 868.50
f~
VENDOR INSTRUCTIONS 3. terms • Nei 3p e"^'^' •M•'•^, v.vn:,u
11. Send miyinal invoice with dupliufe copy. 4. Shipping inslirwiont FAR. Destination prepaid srw.r .n...... •n4r,n ,
J - It Bill b Ac able S. li Eednw or s1,4 sides ua shall Oe inek+del
21S E. Doors lovable St M prices b Ued urc v sion
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r.+'i.l :.u. xl,:rttw:,u= :aw~~nwa 1erarwl.v . cv.,'yn.:.ratiwila.:.xua eY.sJ~vlY~]saki,4unvrJL~Lr~wW..1+YbM!Wlsxw.i
Agentla No.
Agenda ltam -l
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING • 215 E McKiNNEY • DENTON, TEXAS 76201
(817) 566.8200 • DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: July 15, 1997
SUBJECT: RESOLUTION APPROVING THE PROPOSED 1998 BUDGET FOR THE DENTON
CENTRAL APPRAISAL DISTRICT
RECOMME,1'DATION.
Staff recommends approval of the 1998 proposed Denton Central Appraisal District's budget.
SUMMARY.
The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their Appraisal
Distrct. budget within 30 days after its adoption by the Appraisal District's Board of Directors. The
Denton Central Appraisal District's adopted 1998 budget was presented to City Council by
Mr. Joe Forsythe, from the Appraisal District, on July 8, 1997, and was adopted by the Appraisal
District's Board of Directors on June 26, 1997.
PROGRAMS, DEPARTAIENTS OR GROUPS AFFECTED:
The City's contribution toward the Appraisal District's 1998 budget is included in the 1997-98 proposed
General Fund budget.
FISCAL IMPACT:
The proposed 1998 budget contribution required by the City of Denton is $4,960 more than last year,
(i.e., 1997 allocation $125,060 vs. 1998 allocation of $130,020). Tax unit contributions are based on
40 a percentage of each taxing unit's current year levy.
RESPECTFULLY SUBMITTED: f
Prepare by: Ted enavides f t
• City Manager O 0
App ved: ~
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MA052BI "Dedicated to Quality Sendee"
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A, \CEnAPPR. RES
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1997-1998
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the 1997-98 proposed budget of the Denton Central
Appraisal District was submitted to the City of Denton before July
8, 1996; and
WHEREAS, the Denton Central Appraisal District adopted this
proposed budget on June 26, 1997; and
WHEREAS, the City of Denton has 30 days from the adoption of
the proposed budget by the Denton County Appraisal District to
adopt a resolution approving or disapproving it; and
WHEREAS, the proposed budget contains a list showing each
proposed position, the proposed salary for the position, all
benefits proposed for the position, each proposed capital expendi-
ture, and an estimate of the amount of the budget that will be
allocated to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council, pursuant to Article 6.06 of
the Texas Tax Code, approves the 1997-98 budget adopted by the
Denton Central Appraisal District.
SECTION II. That this resolution shall become effective
immediately upon this passage and approval.
PASSED AND APPROVED this the day of 1997.
• JACK MILLER, MAYOR
ATTEST: l
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERPERT L. PROUTY, CITY ATTORNEY
BY:
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4p!ada No.
aq~n.!a !tem
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: July 15, 1997
SUBJECT: Consider an ordinance adopting a new detailed plan for 70.654 acres in
Planned Development 35 (PD-35). The subject property is located
between U.S. 377 (Ft. Worth Drive) and F.M. 1830 (Country Club Road),
approximately 1,700 feet south of Hobson Lane.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request (5-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
The Council continued this item at its' July 1, 1997, regular meeting and instructed the
staff to provide additional information regarding utility capacity, a traffic study,
acreages of land uses in the existing Planned Development, and additiona! detail
regarding the trees on the subject property. A memorandum is included addressing
these items, as well as the Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
k
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Please advise if I can provide additional information
Respectfully submitted:
E
k
Rick Svehla
Deputy City Manager
Prepared by:
Walter E. Reeves, Jr., AI P
Urban Planner r
k
Approved by:
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Da ' Hill, AICP, ASIA
Director of Planning
Attachment #1: Memorandum regarding additional information.
Attachment #2: Planning and Zoning Commission Report.
Attachment #3: Ordinance.
Attachment #4: Minutes of 6/11/97 P&Z meating. f~
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CITY OFDENTON,TEXAS 0TYH4i1WEST 22ikELM OENTON, TEXAS 76201 (817)566,93,50 DFWMETW4X.2&,)9
Planning and Development Department
I
MEMORANDUM
TO: City Council
FROM: Rick Svehla, Deputy City Manager
DATE: July 11, 1997
SUBJECT: Additional information requested for Bent Creek Estates
As the Council will recall, consideration of the Bent Creek estates proposal was tabled
until July 15, 1997. The applicant proposes to amend the detailed plan for Planned
Development 35 (PD-35) (70.654 acres) and Council requested the staff to provide
additional information regarding the following items:
Moratorium: The City Attorney's office was asked to provide
information regarding this item.
Park Dedication: The applicant has been briefed on the criteria of the
` City's voluntary park policy and has been considering
various options within that policy. The applicant will
address this issue at the council meeting.
i
Tree Preservation: The applicant has Informed staff that a tree
preservation strategy will be presented at the council
meeting.
Traffic Study: Staff will report on this item at the council meeting.
The applicant is scheduled to complete a traffic
analysis by July 11, 1997. The Citys traffic
• engineering consultant will be asked to provide an
evaluation for Council review. f
Utility Capacity: A memo from the Utilities Department is attached for
Council review. Water and sewer capacity appears
to be adequate for the proposed subdivision.
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"Dedicafed to Qsaky &rn•in"
~N1.pr..,~.:.y., ~rori 1 4r I , t• d t
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Density:
Housing Type Dwelling Units Acreage Density
Single Family 148 49.404 2.99 du/acre
EXISTING PLAN Duplex 66 11.114 5.94 du/acre
Four-pl6x 40 5.225 7.65 du/acre
LAS MORADAS Apartments 93 maximum 4.911 18.94 dulacre
TOTAL 347 70.654 4.91 du/acre
Single Family 301 63.024 4.77 du/acre
PROPOSED PLAN
Four-plex 60 7.63 7.86 du/acre
BENT
CREEK TOTAL 361 70.654 5.11 du/acre
A IFS
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I om WAI IN I NOINI F RING U I Y OP DIN I CH P8,, 94D 34 0.94 VDK1 19D 3,11119 IN 14ANNING 19 9AVF NII I Page ?of I Mirsdily. Alp 10. n9r / 56 51 ru
D
CITY of DENTON MUNICIPAL UTILITIESj9o1-A T:xas StrecVDenton,TX 76201
To: Dave Hill
Direlior of Planning
FROM: Gerald P. Cosgrove, P.E.
Engineering Administrator
DATE: July 10, 1997
SUBJECT: BENT CREEK ESTATES
I am writing this memo in response to the water and sewer questions raised
at the City Council meeting concerning the zoning for this property.
Water service is proposed to be provided from a 1211 waterline which the
developer will extend 1,800 Icct along U.S. Hwy 377 from an existing 1611
waterline. The 12" waterline Is sufficient to provide service to this
development and the Immed!ate area. Available Tire flow will be more than
1,500 gallons per minute. The City Is proposing to further extend this line
south to serve the Hills of Argyle and Onnion Country Club Estates
Subdivisions. This protect is In the proposed 1998-2002 Capital
Improvement Plan I design In 2002 and construction In 20031.
Sewer service will be provided by a 15" sewerline on U.S. Hwy 377. The
capacity of this line Is approximately 3.7 million gallons per day (MGD).
The Bent Creek Estates development should contribute about 0.1 MGD of
sewerage flow on an average day. There Is more than sufficient capacity
for the proposed subdMslon and the existing customers In the area. The
line crossing M. C. Burch's property Is the Hickory Creek Interceptor. It
Is a 27" stwerline. The 15" sewrline flows Into the 27". On July 3, 1997,
staff looked at two manholes with Mr. Burch on his property. They were
flot.ing halt full. Based on our calculations, a hall full pipe flows at 2.E
MID. The capacity of the line Is at least 6 MGD. Mr Butch says that when
school Is In session, that the pipe is full. I do not believe that the
0 srhools contribute over 3 MGO of flow to the Hickory Creek Interceptor. We
have a Ilow meter on the Hickory Creek line near the Hickory Creek Lift
Station 12.7 miles downstream). The average flow from April 1 to June
30,1997 was 2.1 MGD. There is a flow meter on the lift station, itself. The
average flow over the fast 12 month period was also 2.1 MGD. The wastewaler
Engineering DivISTan installed a flow monitoring device today on the
Hickory Creek Interceptor, on the east side of Country Club Road Oust east ,
0 of Mr.Durch"s property). We will monitor this situation. It is our believe I A
that it there is a problem then it Is the Citis responsibility, to fix. The
Dent Creek Estates development Is not the cause.
Cc: Robert E. Nelson
Jill Jordan
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ATTACHMENT 2
PLANNING AND ZONING COMM!SSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: July 15, 1997
Subject: Z-97-011
GENERAL INFORMATION
Applicant: D.R. Cameron & Assoc.
2300 Highland Village Rd., Suite 530
Highland Village, Texas 75067
Owner: H.S.Osborne
P.O. Box 2267
Denton, Texas 76202
Action: Detailed plan for 70.654 acres of Planned Development 35 (PD-35).
Location: The subject property is located between U.S. 377 (Ft. Worth Drive) and
F.M. 1830 (Country Club Road), approximately 1,700 feet south of f
Hobson Lane (Enclosure 1).
Surrounding Zoning and Land Use:
LOCATION ZONING LAND USE
North: Sea Enclosure 2 Single family residential use along F.td. 11130, mlNwarehouses along U.S. 377,
South: See Enclosure 2 Railroad, vacant land.
East: Sea Enclosure 2 Single IamOy residential use, vacant land.
West See Enclosure 2 U.S. 317, mNad uses.
Denton Development Plan: Low Intensity A-rea #83 (78% allocated).
i
1 SPECIAL INFORMATION
The subject property is vacant and unplatted. Public improvements to the interior of
the project will include; streets, sidewalks, water and sewer lines, drainage, street
lights, and fire hydrants.
Sewer service for the project will connect to a fifteen (15) inch sewer line in U.S. 377
that has a capacity of 1.6 million gallons per day, which in turn connects to a twenty-
four (24) inch line. The applicant will be extending a twelve (12) inch water line along
the east side of U.S. 377 approximately 1,200 feet to the subject property. This line
6 will connect to an eight (8) inch line that will serve the property. Both sewer and water i I' O O
service is adequate to serve the proposed development, No service is being taken
from lines along F.M. 1830.
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No traffic study has been submitted for the proposal. The proposed project will
generate 3,253 trips per day. Based on the proposed layout, and assuming a 60.40
split in the trips between U.S. 377 and F.M. 1830, the projected impact would be
1,301 vehicle trips on F.M. 1830 and 1,952 vehicle trips on U.S. 377. The peak hour
impact would be 130 trips on F.M. 1830 and 195 trips on U.S. 377.
The City's 1997 Traffic Count Map shows F.M. 1830 having a traffic count of 5,568 1
south of Hobson Lane, and 6,830 south of U.S. 377. F.M. 1830 is designated as a
secondary arterial on the Thoroughfare Plan and is a state maintained right-of-way.
The capacity of this road is approximately 10,000 trips per day. Assuming 90% of the
trips turn left and head noth on F.M. 1830, the trip count south of Hobson Lane will
be 6,739 trips. Assuring another 110% turn right and head east on Hobson Lane, the
trip count south of U.S. 377 will be 7,884 trips,
Trip counts are not available for U.S. 377 except at the 1.35E intersection, and just
north of Brush Creek Road. U.S. 377 has both larger lanes and wider shoulders than
F.M. 1230, which Increases its capacity even though it has the same number of lanes.
U.S. 377, therefore, has an estimated capacity of 15,000 vehicles per day. Assuming
that 10% of the trips will turn south, 1,757 trips will turn north out of this development
per day. The current traffic volume experienced on U.S. 377 will be measured in the
near future.
M
BACKGROUND
August 25, 1981
The subject property was placed in the Agricultural (A) zoning district by Ordinance
81-76, which annexed the property into the City.
September 1, 1981
Ordinance 81-79 rezones the property to a Planned Development (PD) zoning district
and adopts a plan for the subject property. The adopted plan consists of Single
Family 10 (SF-10), Two-Family (2F), and MullkFamily Restricted (MF-R) uses
(Enclosure 3).
NOTICE
Ten (10) notices were mailed on May 30, 1997. No written replies have been
• received, although people did speak in opposition at the Commission's public hearing.
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ANALYSIS
The table below will provide a summary of the Plan related analysis for this project.
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Development Rating VS Policy
POLICY COMMENTS S'AC&°q c"ItWo
bomokle'd InM'i, Word
To be consistent with the Plan, a Mocatad Intensity . 4240 Intens;ty trips.
developm ant should not exceed b Proposed Intensity . 9,610 Intensity trips. X
allocated Intensity.
Sind site plan control within 1,600 Low density residential use within 1,600 feet
feet of existing low density Proposal Is for a PD. x
residential,
Traffic design to ensure that Mufti- Proposed four plex area would have bract
Family or Non-Residential uses have access to US 977.
assess to collectors or larger x
arterials with no direct access
through residential streets. i
Sufficient green space, racivWal No greenspace of recreational facilities
facilites and diversity of parks are indicated. Park policy is voluntary x f
proNded.. `v
Input Into planning by naighborhousl No neighborhood meeting has been held,
associations and councils Is
snoomaged.
Multi-fare i concentration The proposed four pier aroa has a proposed
density of E units per acre. The plan defines x
mule-IamiZy boevrg as 12 units per acre or
more. The mexlmum number of multi-family
units allowed by the DDP, having direct
access to a primary anarial la 150 units, The
proposal Is for 60 utits,
Multi-family, rb mile separation Proposal wait within 14 mile of other multi-
family uses, however, the proposed multi-
family density Is 6 units per acre. This does x
not meal the thrssnold 12 units per acre multi.
family concentration. j
- I
Any form of continuous strip NA
• commercial development Is strongly
dscouraged in or near low intensity
areas r
1, oop 266 and US 77 are also covered by the Major Entrance way poifcas of the Plan. The major entrance ways are
those freeways and primary arterials prsdominandy used by incoming traffic Into the City of Denton. Developments
along ri entrance ways present the first Impressions of the City to the pubilc eye. The policy of this Plan therefore
Is to encourage and promote good urban design to enhance the aesthetic quality and visual amenities along entrance
® ways. The following specific guidelines are required,
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Development proposals should be Most of this information will be covered by a dolallod plan
ravbwed to ensure adaquata
compliance with standards and
requirements Including but not
nmited lo:
Front yard setbacks
Widing coverage
Landscaping k
Slgnage
Curb cuts
Oi parking
Facada design and oonstruction
Pedestrian access
Promote integrated site design and No circulation proposed lo adjacent properties.
layout which considers adjacent
tracts of land with amphasis given to
internal eircufaEOn as opposed to
continuous strip development
equ re on a al a an (enclosure
i
1. Acreage. The acreage in the plan as shown by a survey, certified by a
registered surveyor.
Provided.
2. Land uses. Permitted uses, specific in detail as determined by the
department, and the acreage for each use.
Provided.
3. Off-site Information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off-site improvements, as
specified by tho department, sufficient to demonstrate the relationship and
compatibility of the district to the surrounding properties, uses, and
facilities.
Provided.
4. Traffic and Transportation. The location and size of all streets, alleys,
parking lots and parking spaces, loading areas or other areas to be used
for vehicular traffic; the proposed access and connection to existing or
proposed streets adjacent to the district; and the traffic generated by the
• proposed uses.
Provided.
r
5. Buildings. The location, maximum height, and minlmum setbacks for all
buildings, and if nonresidential, the maximum total floor area.
Provided.
• O
6. Residential development. The number, location, and dimensions of the
lots, the minimum setbacks, the number of dwelling units, and number of
Page 4
19.
lv ....+i. l../ ....wHy
1 7',
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units per acre density.
Provided.
7. Water and drainage. The location of all creeks, ponds, lakes, ffoodplains,
or other water retention or major drainage facilities and Improvements.
Provided.
i
8. Utilities. The location and route of all major sewer, water, or electrical
lines and facilities necessary to serve the district.
Provided.
9. Trees and landscaping. The location of all protected trees and a landscape
plan as required by the city's landscape ordinance.
Provided.
10. Open space. The approximate location and size of greenbelt, open,
common, or recreation eyes, the proposed use of such areas, and whether
they are to be used for public or private use.
None proposed.
11. Screening. The location, type and size of all fences, berms, or screening
features proposed between different land uses or adjacent properties.
Screening between Multi-Family and Single Family provided. A brick column
and wood fence is proposed along Country Club Road. A 40 foot wide 'buffer'
is proposed along U.S. 377 which will be maintained by a Homeowners
Association.
12. Signs. Location, type, and size of all signs regulated by the city's sign
ordinance.
Provided.
I
13. Sidewalks and bike paths. Sidewalks or other Improved ways for
pedestrian or bicycle use.
Provided.
A The existing plan (Enclosure 3) for the property allows for the following
Single Family Detached(SF-10) 148 units. `
Duplex (2F) 66 units. '
Four Plex 40 units.
Multi-Family Restricted 93 units if all one bedroom.
82 units if all two bedroom.
0 73 units 0 all three bedroom. e •
The zoning ordinance does not have a 'straight' density number for the multi-family
Page 5 E
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4- A
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zoning districts. Instead, density is determined on a per bedroom land area
requirement. Due to this, it is possible to only calculate the maximum number of units
that could be constructed on the property. The existing plan would allow 347 total
units, if all the apartments were one bedroom.
The proposed detail plan would allow for the following:
Single Family Detached(SF-5) . 301 units.
i
Four Plex 60 units.
Total .........................................361 units.
The proposed plan would allow approximately 10% more dwelling units than the
existing pl2n. However, it is consistent with the Denton Development Plan as the
proposed intensity is less than the Plan's maximum of 60 intensity trips per day per
gross acre in a low intensity area. The Commission feels this is a superior plan when
compared to the existing plan, for the following reasons.
1. The proposed street layout reduces the number of intersections with F.M. 1830
from 5 to 2. It also removes a 'straight shot' situation that exists on the current
plan which has a single, direct street connection from U.S. 377 to F.M. 1830.
2. The proposed plan complet9ly eliminates the multi-family and duplex portions,
and limits the four plex area to 60 units. This means the vast majority of the
proposed project is single family detached housing (301 units), as opposed to
the existing plan where only 148 units were single family detached, and the
remainder was two-family, four plex, and apartments.
3. The proposed plan has a designated 'buffer' strip along the U.S. X77 frontage.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this request.
ALTERNATIVES
1. Recommend approval without conditions.
2. Recommend approval with conditions. 1
• 3. Recommend denial.
4. Postpone consideration.
ATTACHMENTS
i
1. Location map.
2. Surrounding zoning.
b 3. Current plan.
4. Detailed plan. ® •
Page 6
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ENCLOSUAEI
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ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A REVISED DETAILED
PLAN FOR PLANNED DEVELOPMENT NO. 35 (PD-35) FOR THE 70.654 ACRES AS SHOWN
IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED
BETWEEN U.S. 377 AND F.M. 1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON
LANE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, D.F. Cameron & Associates, on behalf of H.S. Osborne, owners of the subject
property, has applied for approval of a revised detailed plan for the 70.654 acres described in Exhibit
A. which constitutes Planned Development 35 (PD-35), a planned development district established
by Ordinance 81-79; and
1
WHEREAS, on June 11, 1997, the Planning and Zoning Commission recommended approval
of the requested detail plan; and
WHEREAS, the City Council finds that this detailed plan will be in compliance with the
Denton Development Plan; NOW, THEREFORE,
I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section t. That Ordinance No. 81.79, as it relates to Planned Development Distri;t 35 (PD-
35), consisting of 70.654 acre,- more particularly described by the legal description attached hereto
and incorporated herein as Exhibit A, is hereby amended by adopting a revised detailed plan for the
70.654 acres, said detailed plant :ring attached hereto and incorporated herein as Exhibit B for all
purposes.
Sectionl. That Ordinance No. 81-79 as amended, shall remain in full force and effect save
and except as amended by this ordinance,
Section III. That a copy of this ordinance shall be attached to Ordinance No. 81-79.
• Section That any perwn 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 vio'ated shall
constitute a separate and distinct offense.
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 -
O published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, O O
Texas, within ten (10) days of the date of its passage.
0 0
s
tAR1PII111 •s
PASSED AND APPROVED this the day of . 1997.
JACK MMLER, MAYOR
ATTEST:
JENNNER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.PR?M,.CMA TTORNEY
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RENT (REEK ESTATES PH4 PLAN +
9707
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P&Z Minutes ATTACHMENT 4
June 11, 1997
Page 2
item in accordance with the staff recommendation,
a. Consider the final plat of Spring Hill Estates. The subject property is in Division 1 of the
Extraterritorial Jurisdiction, consists of 110.3 acres, and is located on the southwest corner of
U.S. 380 and Nail Road.
b. Consider the 6na: plat of Lots 14 thru 47, Brock A and Lots I I thru 46, Block B of the Hills
of Argyle, Phase One. The 304.97 acre tract fronts on both Brush Creek Road and i 4ighway
377.
Ms. Gamer: 1 move to approve the consent agenda.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please wise your right hand. Opposed same sign.
Approved. (5-0)
IV. Hold a public hearing and consider the preliminary replat of Lots 1 R Lhru 3R, Block A of the US
Bank Addition. The 5.822 acre tract is located on the northwest corner of University and Hinkle.
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Ms. Bateman: The proposal is to subdivide the tract into three lots for general retail use. Public
improvements associated with the plat include sidewalks on University Drive and Cornell Street,
installation of one fire hydrant, and dedication of sidewalk and utility easements.
Ms. Russel Would the petitioner care to speak? Is there anyone to speak in favor of the petition?
Is there anyone to speak in opposition to the petition? We will close the public hearing. Any
further remarks?
Ms. Gamer: I move to approve the preliminary replay. of Lots 1 R thru 3R, Block A of the U.S.
Bank Addition.
Mr. Moreno: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
V. Hold a public hearing and consider a detailed plan for Planned Development 35 (PD-35). The
• subject Property consists of 70.654 acres and is located between U.S. 377 (Ft. Worth Drive) and • •
F.M. 1830 (Country Club Road), approximately 1,700 feet south of Hobson Road. (Z-97-011)
Ms. Russell opened the public hearing.
Mr. Reeves: 'a his is a request for a detailed plan. We did do notice and we have not received any
written responses. As you can see by the policy analysis this is consistent with the Denton
0?-3 ,
• .......-T...-.`-.
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P&Z Minutes
June 11, 1997
Page 3
Development Plan. There is ar, exi: ring detailed plan for the property which allows ff:r four plexes,
duplexes, apartments and single family. The plan before you to light does not have any apartments
or duplexes, they have betn removed. There is an area 'or four plexes, up to sixty units, that is
adjacent to a storage facility. The remainder of the lots are at feast five thousand square foot lots.
The previous plan called for five curb cuts on H.vy 377. The proposed plan only calls for two curb
cuts on Hwy 377. The final de ference is that there will be a buffer zone along Ilwy 377 and the
existing trees will be maintained. Staff recommends approval of this detailed plan.
Ms. Russell: Would the petidoncr care to speak?
Mr. Doyle R. Cameron: My name is Doyle R. Cameron and my address is 2300 Highland Village
Road. We are requesting approval of this detailed plan. A lot of thought and study that has gone
into this plan. The lots that are up on the north and most of the lots on Country Club are anywhere
from eight thousand to eighty-seven hundred square foot lots. Where the duplexes in the original
plan were proposed and by the railroad tract we have lots that are fifty-five hundred square foot lots
that allow fifty percent coverage. We could build a single story house with twenty-seven hundred
and fifty square feet on those lots. What we have done is to spread the units over the site.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition?
Mr. Doug Ebersole: My name is Doug Ebersole and my address is 3210 Montecito Road. I
represent the homeowner's association in Montecito. I would like to express my concerns about
the very alarming treM to approve high density housing in the south part of Denton. Recently
several projects have been approved along Lillian Miller, the Hersman property, Jerry Cott's
property, and there are two projects on Ryan Road. I am very concerned about the high density
going into this area of town. I would like to see it stopped. As far as the vegetation and the trees,
Hersman has already cut down some very large, beautiful, and old standing trees on the property.
I don't recall that being pan of the plat.
Mr. Engelbrecht: You do understand that this is already zoned?
Mr. Ebersole: Yes, but that doesn't make i; right. It was done in 1981 but that doesn't mean it
• is right today.
Ms. Jane Stapler: My name is Jane Stapler and my address is 3048 Country Club Road which Is
almost adjacent to this proposed addition. I don't think there is adequate highway out there. The
flow of traffic: is too great already on that road. The plan itself is fine as far as the layout is j
concerned. It is considerably better than the original. The high density is too great for the roadway I
® that is out there. The sewer Eno is not adequate either. The facilities out there need to be corrected •
first. I know that the waterline doesn't go out that far.
Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make any
final remarks?
Mr. Cameron: There is a manhole on the other side of Hwy 377 that has the largest sewer line In
the city and wa will have to bore under Hwy 377 onnect to it. We wiG also have to extend a
A7
P&Z Minutes
June 11, 1997
Page 4
twelve inch water line eighteen hundred feet :o this site. We have worked with Mr. Cosgrove and
the city. We have backed up our houses to Country Club Road and we will have a fence along
,here,
Mr. Jones: How much of the traffic will come off of Hwy 377 versus F. M. 1830?
Mr. Clark: The way it is laid out I would think about sixty pe=t will come otf of F.M. 1830.
The only improvements that would eventually be needed is to put in some signals. There is not a
capacity problem now and this will not create a problem. A highway like that can carry fifteen
thousand vehicles a day up to about twenty thousand. Hwy. 377 will eventually be widened by
TXDOT, both of those roads are actually TXDOT highways and major improvements to those
should be done by TXDOT.
Ms. Russell: We will close th.- public hearing. Any final remarks?
Mr. Moreno: We have approved several subdivisions along Ullian Miller and Country Club Roads.
Where are these children going to go to school and are the roads in place? Are we working with
the school district?
Mr. Svehla: There is a group of city staff that is working with the school district staff. The district
does own another site at the southeast comer of Longridge and Teasley that is about nine: acres.
t
Mr. Engelbrecht: 1 would like to say that 1 prefer this detailed plan over the original plan. T%a
density is up a litt!a but there are more single family homes which 1 find preferable. I believe the
traffic situation for the neighborhood is much better than what it was. It app:ars that there Is going
to be a homeowner's assaciation. It would have been nice if there was a place in this subdivision
where the neighborhood could come together. I think it would be good over the long tun.
Mr. Moreno: I am going to vote in favor of this because it is either this one or the old plan and
1 prefer this one.
Mr. Jones: I inove that we recommend approval of the detailed plan for 70.654 acres of Planned
Development 35.
Mr. Moreno: Second.
Mr. Jones: 1 do like this plan because of the street layout and I would much rather see single
family homes and duplexes as opposed to apartments.
• Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. •
Approved. (5-0)
VI. Consider a recommendation on the 1497-2002 Capital Improvement Plan to City Council.
Ms. Russell: Could we get an update on Mr. & Mrs. Cannon's concem?
• ..~......M.u~ _~..a...~~rrnw..nsee.R.a~ene:e~ ..S • is
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CITY COUNCIL REPORT Agenda No
Apanda Ita -
TO: NIAN'OR ANI) AIENIBERS OF T11E CITY (-OUNCIL D31a S
FROM: R. F. Nelson, Executive Director of Utilities
DATE: JULY 15, 1997
SUBJEC : FR.ANCIIISE AGREEMENT BETWEEN THE CITY OF CORINTH AND
THE CITY OF DENTON ELECTRIC UTILITY
RECOMMENDATION:
Staff recommends Council authorize the City Manager to enter Into the subject Franchise
Agreement v ith the City of Corinth.
SUMMARY:
One of the City's businesses, Bill Utter Ford, is moving his facility to a location that
straddles the city limits behrcen Denton and Corinth. This area is svitb[n Denton's electric
C'CN area. In order to provide electric scrv Ice to this business, Denton Electric Utility must
obtain a Franchise Agreement from the City of Corinth.
The Franchise Agreement with Corinth swill require Denton Electric Utility to pay the City
of Corinth a% annually of its gross revenues from the sale of electric power and energy at
retail within the corporate limits of the City of Corinth. The Denton staff has visited with
the Corinth City Manager who has given his tentative approval.
'f he Electric Department's service within the Corinth city limits will be an area limited by
the ('('N granted to us by the Public Utility Commission of Texas as shown on the attached
map.
PROGRAMS, 1) EPARTAIENTS OR GROUPS AFFECTED:
Electric Utility Department
FISCAL IMPACT:
•
Retained Denton Electric Utility revenue of approximately, $35,000 per year. r
RF.SPECTFU7LLB~ITTED
• R. E. Nelson, Executive Director Utilities i~ • O
Prepared b): rY
Shat an ,Mays, Director [cctric Utilities
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THE STATE OF TEXAS 9
COUNTY OF DENTON 9
FRANCHISE AGREEMENT BETWEEN THE CITY OF CORINTH, TEXAS
AND THE CITY OF DENTON, TEXAS MUNICIPAL
ELECTRIC UTILITY
THIS AGREEMENT, made and entered into by and between the City
of Corinth, Texas, hereinafter called "CITY", and The City of
Denton, Texas, Municipal Electric Utility, hereinafter called
"DMEU".
WITNESSETH
WHEREAS, DMEU is operating an electric distrii.-+tion system,
including poles, wires, transformers, meters, and other appurte-
nances within the City of Corinth, Texas, and no compensation has
been paid, or is provided to be paid, to CITY for the use and
occupancy of the streets, alleys, highways, easements, parks, and
other public places within said CITY, or other charges in connec-
tion with such use; and
WHEREAS, it is the dosire of the CITY and DMEU to agree upon
the rental or compensation for such use and occupancy and the
parties hereto have agreed upon an amoi.nt to be paid annually by
DMEU to CITY for such purpose;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, and the mutual benefits to be
derived therefrom, the parties hereto agree as follows:
1. That DMEU, its successors or assigns, shall pay annually
four percent (4t) of its gross revenues from the sale of electric
power and energy at retail within the corporate limits of the CITY
as full payment for the right and privilege of using and occupying
t.,e present and future streets, alleys, highways, easements, parks,
and other public places within the CITY. The first payment shall
be due on August 1, 1998 and subsequent payments shall be made on
or before August 1 of each year thereafter. Each payment shall be
based on the gross receipts from the retail sale of electricity
within the corporate limits of CITY during the twelve (12) month
period ending may 30 next preceding the payment and shall be pay-
ment for the aforesaid right and privilege during the twelve (12)
month period beginning with August 1 of the year in which the pay-
ment is made. The first payment is based on the revenue collected
• by DMEU during the twelve month period beginning June 1, 1997 and
ending May 31, 1998. This payment covers the street rental agree- O O
ment period of August 1, 1997 through July 31, 1998, with subse-
quent payments to be rendered as previously stated. DMEU shall
provide a complete report in support of its calculations with each
such payment and, upon reasonable written request, shall provide
and allow inspection of all necessary books and records of DMEU.
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2. CITY agrees to accept such payment as full compensation to
be paid by DMEU for the privilege of using and occupying the
streets, alleys, highways, easements, parks, and other public
places within the present and future territorial limits of CITY,
while this agreement is in effect, in lieu of and shall be accepted
as payment for all of DMEU's obligations to pay occupation taxes,
assessments, municipal charges, fees, rentals, pole rentals, wire
taxes, license and inspection fees or charges, administrative and
processing fees, utility easement taxes, franchise taxes, street
taxes, street or alley rentals and all other charges, levies, fees,
rentals and taxes of every kind, except ad valorem taxes, sales
taxes, and special taxes and assessments for public improvements.
3. That DMEU shall, to the extent permitted by law, indemnify
and save whole and harmless the CITY and all of its officers,
agents, and employees from any and all claims for injury or damage
to persons or property occasioned by, or arising out of the
construction, maintenance, operation, or repair of the generation,
transmission, or distribution system, or by the conduct of business
in the CITY. Provided, however, nothing herein shall be construed
to indemnify the CITY against the CITY's own negligence or fault.
It is understood that it is not the intention of the parties hereto
to create liability for the benefit of third parties, but that this
agreement shall be solely for the benefit of the parties hereto.
4. That all poles to be placed shall be of sound material and
reasonably straight, and shall be so set that they will interfere
as little as practicable with the ordinary travel on alleys,
streets or sidewalks or with the flow of water to any gutter or
drain. The location and route of all poles, stubs, guys, anchors,
conduits and cables to be placed and constructed by the DMEU in the
construction and maintenance of its electric utility distribution
system in the CITY, shall comply with all pertinent requirements of
the National Electrical Safety Code and all rules and guidelines
that have been properly promulgated by the CITY which are not
inconsistent with this agreement, and as may be authorized by State
or Federal law.
5. That in any future construction, in new developments,
• lateral and service distribution lines and wires shall be placed or
constructed underground in all areas designated in advance of
construction by the CITY for all electric utilities in the plat
approval process or by zoning ordinances. In such designated
areas, distribution feeder lines may be overhead and transformers
and similar equipment may be pad-mounted. The City Council of
Corinth or the City Manager thereof, acting on their behalf, may
• upon petition by DMEU, waive the requirement of underground ! O •
installation if good cause is shown for such exemption. As used in
this section:
Page 2
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"Feeder lines" shall mean those electric lines that emanate
from substations to distribute power throughout an area.
"Lateral lines' shall mean those electric lines that emanate
from a feeder line and are used to distribute power to smaller
areas of electric consumers. These electric lines are normally
connected to a feeder line through a sectionalizing device such
as a fuse or disconnect switch.
"Service lines" shall mean those electric lines which, through
a transformer, connect a lateral line to a customer's service
entrance.
6. DMEU shall, on or before the 15th day of each month, report
to the City Engineer or City Secretary of Corinth, Texas each
opening or disturbance of the paved surface of any street, alley,
highway, public right-of-way or public places by DMEU during the
preceding month. The surface of any street, alley, highway or pub-
lic place within the CITY disturbed by the DMEU in building, con-
structing, renewing or maintaining its electric utility distribu-
tion system shall be restored within a reasonable time after the
completion of the work to the condition existing prior to such work
and such repair shall be maintained because of defective workman-
ship by DMEU for one (1) year from the date the surface of said
street, alley, highway or public place is broken for such construc-
tion or maintenance after which time such maintenance shall become
the responsibility of the CITY. DMEU shall be responsible for
promptly restoring, to as good condition as before the commencement
of the DMEU's work, all streets, alleys, sidewalks and other paved
areas covered by this agreement. No such street, alley, highway,
or public place shall be encumbered for a longer period than shall
be reasonably necessary to execute work. It is understood that it
is not the intention of the parties hereto to create any liability
for the benefit of third parties, but that this agreement shall be
solely for the benefit of the parties hereto.
7. Nothing herein shall enlarge, diminish, amend, affect or
otherwise prejudice any certificate of convenience and necessity
• granted to either CITY or DMEU.
B. DMEU's property and operations within the corporate limits
of CITY shall be subject to such reasonable rules and regulations
of CITY as may be authorized by applicable law for the protection
of the general public. DMEU shall comply with all subdivision
rules and regulations of CITY generally in effect to the extent
that same are valid and authorized by applicable state or federal '
• law. Charges for installation or maintenance of street lighting, + 0 •
including extension costs charged to developers, shall be in
accordance with DMEU's tariffs.
Page 3
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9. This Agreement supersedes and cancels any and all prior
agreements between CITY and DMEU relating to the matters herein set
forth, and is the entire agreement of the parties.
10. This Agreement shall terminate on May 31, 2012.
11. This Agreement is executed in duplicate originals.
IN WITNESS WHEREOF, the City of Corinth, Texas has caused this
Agreement to be executed by its duly authorized Mayor; and the City
of Denton, Texas Municipal Electric Utility has caused this
Agreement to be executed by its duly authorized City Manager on
this the day of 1997.
"DMEU"
CITY OF DENTON, TEXAS
MUNICIPAL ELECTRIC UTILITY
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: YIIf(xN/fit;
"CITY"
CITY OF CORINTH, TEXAS
•
BY:
SHIRLEY SPELLERBERG, MAYOR
ATTEST:
- • •
• BY.
CONNIE BELL, CITY SECRETARY
Page 4
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Certified Electric Service Boundary
DentonlCotinth Area
m Uttw
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a N" J 4
Legend
N
Denton Munldpsl Utilities Taxes Udpt/es
Denton Munldpal Ud#des N Denton Ciryllmlts w . Ila 104off.
and Texas UtMos
Corinth GryNmltt
so" fst
Moor a..rN
may ff. fi17
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Ji\1FPDOCS\ORD\rRANO1:9.0"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF
CORINTH, TEXAS AND THE CITY OF DEIMN, TEXAS, MUNICIPAL ELECTRIC
UTILITY FOR PAYMENT OF A FRANCHISE FEE IN CONNECTION WITH THE
FURNISHING OF ELECTRIC SERVICE TO CUSTOMERS IN THE CITY OF CORINTH,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DhT:;.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to
execute, on behalf of the City, a Franchise Agreement Between The
City of Corinth, Texas and The City of Denton, Texas Municipal
Electric Utility for the payment of a franchise fee in connection
with the furnishing of electric service by the City of Denton
Municipal Electric Utility to customers in the City of Corinth,
Texas; a copy of which Agreement is attached hereto and incorporat-
ed by reference herein.
SECTION Ii. That the expenditure of funds as set forth in the
Agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
O
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
. Y:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agcidi No q-1-04Q
Date a gem771e-
Dal a _.1-1-i-'
July 15, 1997
I
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R. E. Nelson, Executive Director of Utilities
RE: CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT BETWEEN THE
CITY OF DEMON AND THE UNIVERSITY OF NORTH TEXAS AND TEXAS
WOMAN'S UNIVERSITY, RESOLVING THEIR DISPUTE RESPECTING THE
APPLICABILITY OF SECTION 2.2141 OF THE PUBLIC UTILITY
REGULATORY ACT OF 1995
RECOMMENDATIONi
The Public Utilities Board and Staff recommend the City Council
authorize the Mayor to execute a Compromise and Settlement
Agreement between the city, the University of North Texas and
Texas Woman's University that resolves the parties' disputes
relative to the applicability of Section 2.2141 of the Public
Utility Regulatory Act of 1995, to include a payment in the
amount of $564,632 for a disputed claim of aYr:^ximately $1.2
million for electric rate discounts allegedly ack-ruing since
September 1, 1995, and to include a 7 year contract between the
City and the two universities that maintains the universities
as customers of the Denton municipal electric system.
SUMMARYt
Reference the City Council agenda item relating to approval of
a university discount rider to the electric rate ordinance.
The Texas legislature passed a law effective September 1, 1995
that mandated a 20% discount of the base electric rates to
state universities. Denton has claimed an exemption from the
O statute and has not provided any discount to either of the two
universities. The two universities, through their consultants
and counsel, maintain that the 20k discount is required by the
legislation.
A proposed settlement of the dispute was drafted on June 10,
1997 in the form of a Memorandum of Understanding. The
O proposed agreement addresses the university rate discount
rider, settlement of a disputed $1.2 million claim by the O
universities for rate discounts they claimed have accrued since
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CITY COUNCIL AGENDA
Page 2
September 1, 1995, and the parties agreement to execute a
contract that maintains the universities as customers of
Denton's municipal electric system.
The Compromise and Settlement Agreement generally provides for
a payment by the City to the University of North Texas and
Texas Woman's University a total of $564,632 in settlement of
the disputed claim regarding accrued rate discounts. The
agreement provides for a cash payment of $197,621 to be made f
within 30 days of the agreement, with the remaining $367,011 to
be satisfied through credits on future electric bills,
effective July 1997, August 1997 and September, 1997.
The Compromise and Settlement Agreement also provides that the
City of Denton and the two universities agree to a 7 year
contract that assures the two Universities will remain electric
customers of Denton Municipal Utilities, unconditionally,
at least 5 years, and for the following two years, Derto.
retains the right of first refusal to match any bona-fide
public sector power supply offer that may be available to
either or both of the universities. The contract will also
provide for adjustments for any changes in power plant
production fuel, and purchased energy charges (ECA).
The next five to seven year period is difficult to predict, but
deregulation of the electric industry is a reasonable
assumption. This settlement contract provides Denton the
assurance that two of its largest customers will remain with
the City's municipal electric system during this period of
uncertainty.
The agreed-upon base rate will not exceed $6.91/KVA demand and
$0.0089/KWH for non-energy cost adjustment (ECA) energy.
Exhibit I provides the draft Memorandum of Understanding
outlining the settlement agreement.
• Exhibit ii provides the proposed Compromise and Settlement
Agreement.
i
Exhibit III provides an ordinance authorizing execution of the
proposed Compromise and Settlement Agreement.
Exhibit IV provides a copy of the statute in issue, Section
• 2.2141 of the Public Utility Regulatory Act of 1995.
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CITY COUNCIL AGENDA
Page 3
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FISCAL IMPACTS
Settlement of the disputed claim for accrued :ate discounts
will reduce electric rate revenues by $564,632 during fiscal
year 1997 for the settlement and approxima;ely $300,000 for
the discount for the months of June, July, August and
September. A cash payment of $197,621 will be made within 30
days, and the remaining balance will be satisfied as credits
on future university electric bills in the months of July,
August and September, 1997.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs
Citizens of Denton, Electric Rate Customers, Denton Municipal i
Utilities, Legal Department, Finance Department, Public
Utilities Board, and City Council.
Respectfully submitted,
K. /E. Nelson, Executive
Director of Utilities
Exhibits
1. Memorandum of Understanding - City of Denton, University
of North Texas, and Texas Woman's University
II. Proposed Compromise and Settlement Agreen,,~nt - City
of Denton, University of North Texas, and Texas
Woman's University
III. Ordinance Authorizing Execution of the Compromise and Settlement
Agreement
IV. Section 2.2141 of the Public Utility Regulatory Act of 1995
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File: 9:\finance\wp\pub&cc\cc\97\unttwust.cc
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MEMORANDUM OF UNDERSTANDING
CITY OF DENfON1UNnfERSITY OF NORTH TEXASITEXAS WOMAN'S UNIVERSITY
Proposed settlement of disputed claim between the City of Denton and the University of
North Texas and Texas Woman's University rev rding 20% discount law;
1. A $600,000 seakmew for dis7ftd ci&k,- ('m the approximate amount of
$1.2 million) applicable to comph&we with Secem 2.2141 of the Public
UtifltW Regulatory Act of 1995 with s ash payment of 35% ($210,000) within
30 days of camract execution; with the remaining $390,000 to be paid by trans
of CnWU to the electric utility service bills of the universities for future months
beginning July 1, 1997.
2. The City of Denton agrees to enter Into a serer-year power supply
agreement with UNT and TWU. The universities at the end of five years have
r the option to select a bonafide public sector power supply cooperative
Pulsing agreement. The city retains right of first refusal to match such
bomfide offer and retain the universities as full senim electric customers.
3. City will adopt a 20% university discount rider applicable to the base rates
of all tariffs applicable to UNT and TWU. Energy cost adjustments are
excluded from the 20% discount. This 20% discounted base rate will be the f
maximum rate for seven years.
I
If any applicable tsriffed base rases, (excluding ECA charges), arc reduced by more than 10%
during the life of this agreement, the discounted rates to the universities will be reduced such f
that the discounted base rates are always at least 10% below any tariffs that would be
• applicable to the universities. In other words, at no time shall tariffed rate decreases cause the
universities' discount to decrease by more than 50% over the life of the agreement.
June 10, 1997 f
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C:~D S\DWTWWM ORD
ORDINANCE N(.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT BY AND BETWEEN THE
CITY OF DENTON, THE UNIVERSITY OF NORTH TEXAS, AND THE TEXAS
WOMAN'S UNIVERSITY RESOLVING THEIR DISPUTE RESPECTING THE APPLICA-
BILITY OF SECTION 2.2141 OF THE PUBLIC UTILITY REGULATORY ACT OF
1995 TO THE PARTIES; AUTHORIZING THE EXPENDITURE OF FUNDS ThEREFOR;
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 a
Compromise and Settlement Agreement providing for the settlement
and compromise of a dispute now pending between the City of Denton,
Texas, the University of North Texas, and the Texas Woman's
University regarding the applicability of Section 2.2141 of the
Public Utility Regulatory Act of 1995 to the parties, which
agreement shall be in substantial accordance with the terms and
provisions of the proposed Compromise and Settlement Agreement
attached hereto as Exhibit A.
SECTION IL, That the Mayor, with the concurrence and approval
of the City Attorney, is hereby authorized to alter the form of the
proposed compromise and Settlement Agreement, attached hereto as
Exhibit A, as necessary to accomplish the substantive goals of said
document, and as necessary to secure agreement among the three
parties thereto.
SECTION III. That the Mayor is further hereby authorized to
execute any other documents which are necessary or required to
implement the terms and spirit of the Compromise and Settlement
Agreement.
SECTION IV, That the expenditure of funds as provided in the
attached "Compromise and Settlement Agreement" is hereby autho-
rized.
O
SECTION V. That the City Council, by separate ordinance to be
enacted on this date, authorizes and approves the enactment of an
electric service rate "Discount Rider For State Universities and
Colleges", also in furtherance of this Compromise and Settlement
Agreement.
• SECTION VI. That this ordinance shall become effective • •
Immediately upon its passage and approval.
`J PASSED AND APPROVED this the . day of , 1997,
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY; Q::~Q
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COMPROMISE AND SETTLEMFANT AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF DENTON S
THIS AGREEMENT is made and entered into by and between the City of Denton,
Texas, a Texas Municipal Corporation ("DENTON'); the University of North Texas
herein by and
through their respective duly-authorized governing bodies and representatives
WHEREAS, the legislature of the State of Texas passed a law, Section 2.2141 of the
Public Utility Regulatory Act of 1995 (hereinafter the "Statutes"), which Statute became
effective September 1, 1995. The Statute was entitled "Discounted Rates for Certain State
Institutions of Higher Education" and mandated a 20% discount of electric rates to state
universities. The Statute allowed municipal electric utilities an exemption from its
provisions provided that the discount exceeded 1 % of its total annual revenues; and
WHEREAS, at the time the Statute was passed, Denton, in its communication to the
office of the Attorney General of the state of Texas, maintained that the Statute was
unconstitutional; or in the alternative, that if the Statute was not unconstitutional, that
Denton was nonetheless exempt from its provisions by means of its belief that it satisfied
the 1% of total annual revenue test set forth in the Statute. In late January, 1997, Denton
received notice from UNT, TWU and the universities' outside auditing firths that UNT and
'EWU each claimed entitlement to 20% electric rate discounts from and after September I ,
1995 according to the Statute; and
WHEREAS, thereafter, communications ensued between Denton, UNT and TWU
regarding the applicability of Section 2.2141 of the Public Utility Regulatory Act of 1995 to
the parties. Negotiations occurred between Denton, UNT and TWU in attempts to reach a
resolution of the dispute and in order to foster continued good community relations
between Denton and the two universities, who are two of Demon's largest electric utility
service customers. On June 10, 1997, an agreement in principle was reached between the
parties, and a Memorandum of Understanding was prepared, memorializing the parties'
proposed settlement, subject to the approval of their respective governing bodies and duly-
authorized officers; and
WHEREAS, Denton, UNT and TWU, in order to dispose of the dispute between
them as hereinabove described; in order to avoid the costs, delays and uncertainties of r
litigation; and in order to maintain the strong ties existing between Denton and the two
universities; the panics desire to dispose of the entire controversy and dispute between
them including all claims and causes of action of any kind that currently exist or that may
exist in the future which relate to the applicability of the Statute to each of them. The
parties have agreed, by this Compromise and Settlement Agreement ("Agreement') to a
compromise and settlement of their respective claims arising under the Statute here;nabove O
described.
COMPROMISE AND SETTLEMENT AGREEMENT - PAGE 1
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WITNESSETH, that in consideration of the amounts to be paid hereunder and in
further consideration of the covenants and agreements of the parties herein contained, the
parties hereto do hereby AGREE as follows:
1. Denton agrees to pay UNT and TWU a portion of their respective claims for
arrearages respecting the discounts which would have accrued under the Statute for
the period beginning September I, 1995 and ending April 30, 1997 for UNT and
May B. 1997 for TWU. Denton agrees to pay the two universities the total sum of
$564,632, which amount is allocated $387,802 to UNT and S 176,830 io TW U.
2. The $564,632 settlement payment made by Denton to UNT and TWU set forth in
paragraph l abcve, shall be satisfied as follows:
A. Denton shall pay, of the total $564,632 settlement amount, a cash payment of
$197,621 on or before 30 days after the parties' execution of this agreement,
with the sum of $135,930 being payable to UNT and the sum of $61,691 being
payable to TWU.
B. The remaining sum of $367,011 shall be satisfied by means of credits made by
Denton to the electric utility service bills of each of the two universities, issued
on or after July 1, 1997, August 1, 1997, and September 1, 1997, as further
provided in paragraphs 2.C. and 2.D. hereinbelow.
C. Denton shall credit the electric utility service bills issued to UNT in the total
remaining amounk of $251,872 consisting of three consecutive monthly credits
of $83,957.33, ,83.957.33 and $83,957.34 for the bills issued by Denton on
or after July 1, 1997, August 1, 1997, and September 1, 1997.
D. Denton shall credit the electric utility service bills issued to TWU in the total
remaining amount of $115,139 consisting of three consecutive monthly credits
of $38,379.67, $38,379.67 a.,. $38,379.66 for the bills issued by Denton on
July I, 1997, August 1, 1997, and September 1, 1997.
E. In consideration of the $44,199 reduction in the initial settlement amount herein,
the City agrees to receive as full payment for those months the discounted UNT
payments for electrical useage for April 1997 and May 1997.
3. Denton, UNT and TWU hereby agree, by this document, to a seven-year power
supply agreement with the following terms: The power supply agreement shall
continence effective July 1, 1997. During the first five years of the term of this
agreement, Denton agrees to provide all electric service needs (within the City of
O Denton or outside the city limits where currently being supplied by the City) of UNT
and TWU, and UNT and TWU each agree and covenant to unconditionally remain as
the electric service customers of Denton. Upon the expiration of the first five years of
this agreement, .nd before the expiration of this Power Supply Agreement on June
30, 2004, UNT and TWU shall each have the option to select a bona-fide public
sector power supply cooperative purchasing agreement. Denton shall retain a right of
first refusal to match any such bona-fide W-r from such other public sector power
provide-, and thereby retain either or both universities as Denton's customers for the
remaining term of the agreenwrit. For purposes of the operation of this paragraph,
the temp "bona-fide offer' is a proposed offer or agreement in writing, dated, and
signed by a duly-authoriz°d officer or representative of a public sector power
provider. The university or :universities requesting that Denton exercise its right of
first refusal, shall make that regocst in writing, signed by a duly-authorized officer or
COMPROMISE AND SETTLEMENTAGREEWNTT - PAOL 2'
0~
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s
i e that has at representative
thirty (30) days to evaluate the offer or agreement in orderdto exercise r is
opuon; and which written offer or agreement communicated by the university or
universities to Denton shall state that the public sector power provider offer or
agreement is bona-fide, is in full force and effect, and that the university or
universities are ready to take action to approve the ofkr or proposed agreement. and State Universities
4. Colleges" to the electri crate o d nance. Howcvner, the City rof Denton shall continue
,
to provide electrical services to UNT and TN cater tariff structureed s availiablutto the
general community and under the same applicable
and shall not adopt a specitic tariff ate for the universities other than the
aforementioned 20% discount rider. The 20% discount continues to apply to all
electric accounts of UNT and TWU for usage on or after June 1, 1997 and for the
duration of this Agreement. reduc 5. If
10% da tog the life of this agreement, the discounted attes)to the uni ersitieswilll be
reduced such that the discounted base raves are always at least 10% below any tariffs
that would be applicable to the otherwise tariffed rate. In other words, at no time
shall tariffed ate decreases cause the universities' rates to be less than 10% below the
otherwise tariffed rates to other non-university customers. Base rates are defined as
ittenCharge re d cyDcles o dthe aPPliCharge, att the
Energy Charge andlorvthe charges'. the shoFacility
ate schedules. Base rates do not include the Energy Cost Adjustment. At no time
shall tar'sffed rate decreases cause the rate discount to the reement (from City~crease
by more than 5096 over the term of this Power Supply Ag
of
, This pgreement is a compromise of disputed ciairns regazding the applicability
6
Section 2.2141 of the Public Utility Regulatory AM of 1995 to the parties hereto.
Nothing in this agreement is an admission of liability by any paMY, and nothing in
this agreement may be interpreted as an admission of liabibty. Each patty to this
agreement expressly denies liability to every other party to this agreement.
releases UNT an TWU,
7 Dentonhereby
demands or causes of to tion. known for Unknown, fixed or
contingent, liquidated or unliquidated, arising directly or indirectly from the
1 applicability of the Statute to the parties.
or causes of action, fcknow'ne or unknown, fixedoor
g. any and and A TWU cl ms, hdehereby mands releases
contingent, liquidated or unliquidated, arising directly or indirectly from the
applicability of the Statute to the parties, including, without limitation, the claims and thr
auditors
f.UN
amounaoP1 2 mill on as alleged arrearages arising undeir the Sta ute. the approximate tate of
Tex 9, This
tht made his accordi to
iscgolaws of serrcdtby.Sand will beaconswednand
agree is
enforced in accordance with Texas law. Venue of any suit or cause of a_uon under
u,is Agreement shall lie exclusively in Denton County. Texas. O O
10. This Agreement is binding on and inures to the benefit of the parties, their respective f
successors and assigns.
I
COMPROMISE AND SETTLEMENT AGREEMENT. PAGE 30
0
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k
i
11. This Agreement contains the entire agreement between the parties. It supersedes any
and all prior agreements, arran&ements, or understandings between the parties
regarding the applicability of Section 2.2141 of the Public Utility Regulatory Act of
1995 to the parties hereto. No oral understandings, statements, promises, or
inducements contrary to or consistent with the terms of this agreement exist. The
agreement is not subject to any modification, waiver, or addition that Is made orally.
This agreement is subject to modification, waiver, or addition only by means of a
1 w7itten document signed by all parties hereto.
12. This Agreement is executed in three identical counterparts, each of which shall be
deemed an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have caused this Compromise and
Settlement Agreement to be executed by and through their respective governing bodies and
duly-authorized officers on this the _day of 1997, to be effective as
of July 1, 1997.
CITY OF DENTON, TEXAS
i
BY:
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERB L. $>tQ Y C Y ATTORNEY
BY:
UNIVERSITY OF NORTH TEXAS
BY:
• ATTEST:
BY: `
TEXAS WOMAN'S UNIVERSITY
• BY:
ATTEST:
BY:
COMPROMISE AND SETn EMENT AGREEMENT PAGE 4
w -
e
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DISCOUNT RIDRR FOR
STATI UNIVRMITINS AND COLLEGSs
APPLICATION
Service provided herein is applicable to electric service
billed under the otherwise applicable tarriffed rate for
service supplied to a facility of a "four year state universi-
ty, upper level institution, the University of Borth Texas,
Texas Woments University or college" as provided for in section
2.2111, under Subtitle E. Title II, Public Utility Regulatory
Act of 1995.
CRSDIT TO MNTXLY DILL OR NONmY UTR
Customer's monthly bill and/or monthly rate shall be in
accordance with the applicable rate schedule(s) minus a credit
as determined below.
Customerfs monthly bill for "Base Rates" under the applica-
ble rats schedule(s) in *•3ect on the effective date of
this rate rider, shall be reduced by 204.
"Bass Rates" are defined as the sum of the following
chargess The Facility Charge, the Demand Charge, the Energy
Charge and/or the adjustment for short/extended read cycles
of the applicable rate schedules. Base rates do not
include the Energy Cost Adjustment ("ECA") as currently
calculated.
All other charges and calculations in the rate schedule are
unchanged.
• The rates initially established on the effective date of this
Discount Rider shall be maximum or ceiling rate charged to the
University of North Texas ("UNT) and Texas Women's University
("TWU") during the term of the seven year power supply agree-
ment 7f during the term of the power supply agreement any
applicable tariffed "Base Rates" are reduced by more than 10%,
the discounted rates for UNT and TWU will be reduced such that
A the discounted "Base Rates" are always at least 10f below any O •
J tariffs that will otherwise be applicable to the universities.
At no time shall tariffed base rate decreases cause the rate
discount to the two universities to decrease by more than 501
over the term of the power supply agreement.
PAGE 56 j
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Poor Quasi - ument
1y1ILMES Art. 1446c-O
u t► w
gored by the rt ory assthall not constitute an impermissible
for the OMOM, preference, or e.
mdition, Dbw" d teelr for Cereuila 941e taotlruttom d ttre6w F.hr rson
mad be
s to the Sat. 2.2141. Notwithstanding any other provision of this Act, each public
pity and municipally owned utility shall discount charges for electric service
pvrWev Public d to any facility of any four-year state university, upper-level Institution,
pubp Jbi s Suit Technical College, or college. The discount shall be a 20 percent
V
irchas
its shat ntlaction of the utility's base rates that otherwise would be rendered under the
recovrr qpicWe tariffed rate. However, if a 20 percent discount results in a
plater than one percent of the public or municipally owned utility'
rchzsed joifto
missie W annual revenues or if the municipally owned utility, as of September 1,
>erative fll5, dtecounts base commercial rates for electric service provided to all four.
pff pats universities or colleges in its service area by 20 percent or more, the
arty shall be exempt from the provisions of this section. Each public utility
y shall aW ilk tariffs with the commission reflecting the discount within 30 days of
are or W affective dale of this section. Such Initial tariff filing shall not be consid•
5, Acts a rah'
c a for
bl purposes of Section 2.212 of this Act. This section does
Me to ,r •r
hWq* to ratan charged to a state institution of higher education by a ~t
st e to and ~.W~a11y btvtrhl utility which provides a discounted raw to the, state for
J100611c~m "10"loa below rates In effecton January 1, 1995, and whichdl+coanied
ier for bfOft >~"fie' financial discount to the state than is pmvkbd. io the
bf bE~
tot etidncatibfi' the diseouzi ptvelde ,by,
71 'j ft," hmestorowaed POW itdlit*'t y noe.'tecover ths'Nodpied sad
1 y; il6caled cats of servimg a itate univenity or college which receives a discount
tr a„ y a 9n (Sop residential customer 4r any, oths customer .t au
se or Lrallq d Pleas rd esnNd ~ d -
sture,
se or t*~, rl• , A public utility taay trot, dlratly or Indira szay,dev~u
WfM¢taeva or is msiaw charge, demand, collect, a
or
this b, !4Y
pFaur or c[or any xrv[a mde or to be
t~
utilityta' the sched of rites of the public
bfe~therd e manner tied in this'Aet; nor
tili bar from
Y not
rec
or ac
for 1 accept any a from a public utility
nsatiov~i~Y
s
m~e greater or than that rescribed'in the schedules i
ame that It Is lawful [or a uty t ge victual customers for relaff or
ybofesale electric st.vke in accordance 2.052 of this Act ,
,r
~•yl
M Nothing in this Act shall prevent c rativt corporation from re- ,
• rantg to Its members the whole or part of net earnings resulting from
thin :operations in proportion to thyrz -Mhases from through the corporatism. }
lion "O 'Notwithstanding any othevisioa of this Act, the eommiukxt sus !
not Approved as of September 1, l establishment o-' a se to rate class for !
her dretr•ic service for a univ ty and has grouped public schoo in a separate {
fuel laic class, the eomenlss eha11 Include community college in rate class
ate ttith public school is f~ C O
O
MS
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AgoAd& No. 9 r -oa
Agenda Item
Date_
July 15, 1997
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R. E. Nelson, Executive Director of Utilities
RE: CONSIDER APPROVAL OF UNIVERSITY DISCOUNT RIDER TO
ELECTRIC RATE ORDINANCE
RECOMMENDATIONi
The Public Utilities Board and Staff recommend that the City
Council approve an amendment to the existing electric rate
ordinance to include a discount rider applicable to the two
state universities, in accordance with Section 2.2141 of the
Public Utility Regulatory Act of 1995.
SUMMARYS
The Texas state legislature passed a law (Section 2.2141 of
the Public Utility Regulatory Act of 1995) effective September
1, 1995 that mandated a 201 discount of electric rates to
state universities. The law did allow municipal utilities an
exemption if the discount exceeded lk of revenues. Since the
effective date of the law, September 1, 1995, Denton has
claimed an exemption from the statute and has not provided any
discount to the two universities. The two universities,
through their consultants and counsel, maintain that the 20k
discount is required by the legislation and that the City is
not exempted from compliance with the statute.
The staff and legal representatives of the City of Denton, the
University of North Texas and Texas Woman's University
recently agreed that the 20% discount issue should be
• compromised, settled and resolved to the mutual satisfaction
of all parties involved. A Memorandum of Understanding was
agreed to in principle on June 10, 1997, subject to approval
by the governing bodies of the parties to the dispute.
A proposed Compromise and Settlement Agreement has been
drafted that addresses the 201 discount on electric rates for
• the two state universities and all other related issues. The • •
other issues relate to a settlement of a disputed claim for
discounts accruing since September 1, 1995 and an agreement
•
CITY COUNCIL AGENDA
Page 2
to enter into a long-term contract for the universities to be
served by the Denton Municipal Utilities Electric utility.
These related issues are addressed in another City Council
agenda item, and approval of both agenda items are required to
satisfy the terms of the proposed Settlement Agreement. I
i
The rate discount settlement includes the addition of a
university discount rider to the Electric rate ordinance which
provides for a 20V discount, applicable on all base electric
rates, to any "four year state university upper level
institution". The 20% discount rider does not apply to the
energy cost adjustments MCA). The 20% discount rider applied
to large general service rates in effect on July 1, 1997,
results in a demand charge of $6.91 per kilovolt (KVA) and an
energy charge of $0.0089 per kilowatt hour (KWH). The 204
discount is effective on all usage after May 1, 1997 for UNT
and May 15, 1997 for TWU, and applies to all electric accounts
at the two universities. The annual discount amount is
estimated to be approximately $775,000, with $300,000 of that
amount projected from May through September 1997. Exhibit I
provides the draft Memorandum of Understanding outlining the
settlement agreement.
Exhibit II provides an amendment to the existing Electric rate
ordinance that contains the University Discount Rider. This
rider applies to all electric service provided to the two
universities, including four large service locations for the
main campus and approximately 30 smaller service locations.
Exhibit III Is the Section 2.2141 of the Public Utility
Regulatory Act of 1995.
FISCAL SUMMARY:
The university discounts will reduce electric revenues by
approximately $775,000 per year. Rates will not be increased
to recover the lost revenue in the near term. However,
projected annual electric revenues will be reduced during the
period of the contract, thereby reducing net income. '
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED,
® Citizens of Denton, Electric Rate Customers, Denton Municipal O O
J Utilities, Legal Department, Finance Department, Public
Utilities Board, and City Council.
a
t,
. y. c r 4
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CITY COUNCIL AGENDA
Page 3
Respectfully submitted,
:9. e 1r
R. (E. Nelson, Executive
Director of Utilities
Exhibits
1. Memorandum of Understanding - City of Denton,
University of North Texas, and Texas Woman's University
II. Revised Electric Rate Ordinance - University Discount
Rider
III. Section 2.191 of the Public Utility Regulatory Act of
1995
i
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File: g:\finance\wp\pub&cc\cc\97\unttwurt.cc
•
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MEJi0RAA'DU 1 OF UNDERSTANDING
CITY OF DENTONWNIVERSITY OF NORTH TEXASITEXAS WOMAN'S UNIVERSITY
Proposed settlement of disputed claim between the City of Denton and the University of
Non't Texas and Texas Woman's University regarding 20% discount law:
1. A 5600,000 settlement for disputed claims (in the approximate amount of
$1.2 miflion) applicable to compliance with Section 2.2141 of the Public
Utilities Regulatory Act of 1945 with a cash payment of 35% ($210,000) within
30 days of contract execution; with the remaining $390,000 to be paid by means
of credits to the electric utility service bills of the universities for future months
beginning July 1. 1997.
2. The City of Denton agrees to enter into a seven-year power supply
agreement with UNT and TWU. The universities at the end of five years have
the option to select a bonafide public sector power supply cooperative
purchasing agreement, The city retains right of first refusal to match such
bonafide offer and retain the universities as full service electric customers.
3. City will adopt a 20% university discount rider applicable to the base rates
of all tariffs applicable to UNT and TWU. Energy cost adjustments are
excluded from the 20% discount. This 20% discounted base rate will be the
maximum rate for seven years.
If any applicable tariffed base rates, (excluding ECA charges). are reduced by more than 10%
during the life of this agreement, the discounted rates to the universities will be reduced such
that the discounted base rates are always at least 10% below any tariffs that would be
applicable to the universities. In other words, at no time shall tariffed rate decreases cause the
universities' discount to decrease by more than 50% over the life of the agreement.
June 10, 1997 ,
f
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C:\D0CS\0RD\= ISCM.C" E
li
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE. SCHEDULE OF
ELECTRIC RATES IN ORDINANCE NO. 96-207 BY THE ESTABLISHMENT OF A
DISCOUNT RIDER FOR STATE UNIVERSITIES AND COLLEGES PURSUANT TO
STATE LAW; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Schedule of Rates for electric services as
provided for in Chapter 26 of the Code of Ordinances of the City of
Denton, is amended solely by the addition of the following rider,
to wit:
ARTICLE 1. ELECTRIC RATE SCHEDULES Page
Discount Rider For State Universities And Colleges 56
$ECTION Ii. That all the electric rate schedules and riders
approved by the City Council by the enactment of ordinance No. 96-
207 on September 17, 1996, shall remain in full force and effect
except as expressly modified by the University Discount Rider.
SECTION III. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holdings shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV. That the Discount Rider For State Universities And
Colleges herein established shall be effective, charged and applied
to all electric energy usage by the University of North Texas
• occurring on or after May 1, 1997; and a copy of Aaid rates shall
be maintained on file in the Office of the City Secretary. r `
SECTION V. That the Discount Rider For State Universities And
Colleges herein established shall be effective, charged and applied
to all electric energy usage by Texas Woman's University occurring
on or after May 15, 1997; and a copy of said rates shall be
• maintained on file in the office of the City Secretary. F • O
PASSED AND APPROVED this the _ day of , 1997.
i
JACK MILLER, MAYOR
t
0 oil
i
•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
70
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DISCOUNT RIDER FOR
STATE UNIVERSITIES AND COLLEGES
APPLICATION
Service provided herein is applicable to electric service
billed under the otherwise applicable tarriffed rate for
service supplied to a facility of a "four year state universi-
ty, upper level institution, the University of North Texas,
Texas Women's University or college" as provided for in Section
2.2141, under Subtitle E, Title II, Public Utility Regulatory
Act of 1995.
CREDIT TO MONTHLY SILL OR MONTHLY RATE
Customer's monthly bill and/or monthly rate shall be in
accordance with the applicable rate schedule(s) minus a credit
as determined below.
Customer's monthly bill for "Base Rates" under the applica-
ble rate schedule(s) in effect on the effective date of
this rate rider, shall be reduced by 201.
"Base Rates" are defined as the sum of the following
charges: The Facility Charge, the Demand Charge, the Energy
Charge and/or the adjustment for short/extended read cycles
of the applicable rate schedules. Base rates do not
include the Energy Cost Adjustment ("ECA") as currently
calculated.
All other charges and calculations in the rate schedule are
unchanged.
® The rates initially established on the effective date of this
Discount Rider shall be maximum or ceiling rate charged to the
University of North Texas ("UNT) and, Texas Women's University
("TWU") during the term of the seven year power supply agree-
ment If during the term of the power supply agreement any
applicable tariffed "Base Rates" are reduced by more than lot,
the discounted rates for UNT and TWU will be reduced such that
the discounted "Base Rates" are always at least 101 below any O
tariffs that will otherwise be applicable to the universities.
At no time shall tariffed base rate decreases cause the rate
discount to the two universities to decrease by more than 501
over the term of the power supply agreement.
i
PAGE 56
7
•
Poor Qua - - - pe"t
!ox 1fruxnEs Art. 1446c-0
splrwad by the rc ary aue. t~hall not constitute an impermissible
nce, or g
for tA. Meexs, prefere
ndfijor,
a.% b t
M Dbmwwed Rata" rise CRI Wes State Imtrtvdoae of Htdur Eduotloo
ai
s to the Sac. 22141, Notwithstanding any other provision of this Act, each public
ttafay and municipally owned utility shall discount charges for electric service
pubht pry to any facility of any four-year state university, upper-level institution, j
rchases rims State Technical College, or college. The discount shall be a 20 p-rcent I
its that tai , , of the utility's base rates that otherwise would be rendered under the
recover aliple le tariifed rate. However, if a 20 percent discount result, in a
.chased Auction greater than one percent of the public or municipally owned utility's
nission IPW annual revenues or if the municipally owned utility, as of September 1,
'erative W discounts base commercial rates for electric service provided to all four.
par state universities or coleges in its service area by 20 percent or more, the
aft shall be exempt from the provisions of this section. Each public utility
y shall Ad ak tariffs with the commission reflecting the discount within 30 days of
ass or do IfEwtive date of this section. Such initial tariff filing shall not be censid-
i• Acts OW S rare change for purposes of Section 2,212 of this Act. This section does
Iblc to
anent 11011 apply to rates charged to a state institution of higher education by a
tismi ipally owneb utility which provides a discounted rate to the state for
and
mmis• sixtidservket below rates in effect on January I, 1995, and which discounted
rate! ptvvide a greater financial discount to the state than is provided to the
For
r 1bitHritt6i;'bf higher educatiori'thratgh the discount provided by this E:•41i,
a Wtfoa, An Investor-owned public utility, may not recover the assigned and
aped allocated costs of serving a state university or college which receives a discount, • `e ' "
r any !*-rA+~+.,aectiga from residential customers or say other customer class.
;t or Equably of taster sod Sakti r
tore, Seo. f.21
ie or S• A public utility may not, directly or indimtl any device
this WA6ever or in manner, charge, demand, collect, or ceive from any
Person a "ter or iss compensation for any service ndered or to be 1
!eadeted by the utility the that prescribed in the ached of rates of the public : t
triifty applicable thereto we)ttte pled in the manner vided in this Act, nor '
not may any person knowingly recn a or accept any s ce from a public utfGty
s for br a compensation greater or than that rescribed in the schedules
amt Provided that it is lawful for a utility t barge ividual customers for retail or
tvbolesale electric service in accordance Section 2.052 of this Act.
• (b) Nothing in this Act shall present a c restive corporation from re-
-ant tag to its members the whole or arty part of net earnings resulting from ,
bin his operations In proportion to their parchases from through the corporation.
t; . }
on (c) Notwithstanding any other provision of this Act, the commission has
not approved as of September 1, 1995, the establishment of a se ate rate dos for I
electric service for a university and has grouped public schoo in a separate
• tja]
Mk clam, the comirission'shall include community colleges in rate class ; j t ID
ate With public school customers.
445 ~ T:~ §
•
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Agenda No._~7-flu ?
Agenda Item__3
Datd_
f ,
Denton City Council
July 15, 1997
TO: The Honorable Mayor and Members of the City Council
FROM: Robin A. Ramsay, Municipal Court Judge
DATE: June 30, 1997 (Requested Agenda Date: July 15, 1997)
SUBJECT: Evaluation of positions for part-time Assistant Judges; Renewing of annual
contracts for three Assistant Judges currently serving; and consider filling the
permanent part-time (twenty hoar) Associate Judge position.
RECOMMENDATION:
As Presiding Judge for the City of Denton Municipal Court No.], I would like
to recommend that the Council renew the contracts for all three (3) current Assistant
Judges. However, as an integral part of this recommendation, 1 would like to extend
to each of the current Assistant Judges the same annual conlrad and terms as last year,
with a specific understanding that the hours assigned to each assistant judge will be at
the discretion of the presiding judge, and that there will be no guarantee as to minimum
hours per week. I would also like to inform the Council, that 1 anticipate filling the
twenty (20) hour, permanent part-lime position, within this calendar year. This position
is one which was previously created, but which is currently unfilled. Upon the filling
of the permanent part-time position, any Assistant Judges performing services for the
Court under these contracts would be assigned on a relief or "as needed only" basis with
no scheduled hours.
The Denton Municipal Court has seen a consistent pattern of growth in the last
twehe to eighlcen months. This increase has necessitated the creation of additional
court dockets to meet increased case load and to respond to specific court policies, such
• as the consistent verification of insurance proof submitted to the Court. While I believe
that overall Court efficiency and compliance with the law has been improved, the total
number of cases processed by the Court clearly justifies the appointment of an associate
judge to aid in the daily disposition of paperwork associated with each case.
SUMMARY:
• Please renew the contracts for each of the three Assistant Municipal Court • O
Judges currently appointed (Kimberly Cawley, David Garcia and Earleen Murphy) for
another tHelve month period, with the clear understanding that all schedules are
determined by the presiding judge with no set hours of service.
1 i`
1- 1- 0 N 0-
BACKGROUND:
Please see attached and executed copies of prior years contracts. It is my
recommendation that, with only slight revision, simWr contracts be presented to the
current Assistant Municipal Court Judges for their consideration and approval.
i
PROGRAMS DEPARTMENTS OR GROUPS AFEEC_1~ED +
The Municipal Judge's Office (only). i
ff
FISCAL IMPACT: E
No fiscal impact is anticipated for the current or next budgetary year. 1 would
anticipate that the total annual hours necessary to fill the permanent part-time position
would not exceed those which are currently budgeted. This is primarily due to the fact
that the hours allocated to the Associate Judge (Permanent part-time positioo would
decrease tbo Wal number of hours performed by the current Assistant Judges.
Please advise if I can provide additional Information.
RESPECTFULLY SUBMITTED:
obin A. Ramsa,
i
Presiding JudgE
Denton MunicipCourt No. I
t
Attachment:
Three (3) contracts - Assistant Judges
r
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i
pONT,MCT FOR BERVICIP
I~
THIS CONTRACT, made and entered into this 9th day of July, I
1996, by and between the City of Denton, Texas, a Municipal Cor-
poration of the State of Texas, hereinafter referred to as "City",
and David Garcia, hereinafter referred to as "Assistant Judge".
NITNEGOETRi
1. City does hereby contract for the services of David Garcia for
a period of one (1) year, beginning on the 15th day of July,
1996,and continuing through midnight, July 14, 1997, at the
following compensation:
(a) 90-Pr.T 810SXONS AND JAIL ARRAIGNMENTS - Time to be billed at
$26.00 per hour, with time over thirty (30) minutes billed
as one (1) hour. Travel time to and from the Court shall
not be included as billable time.
(b) OFFICE HOURS/PRE AND POPT COKMZ SESSION PREPARATION - Time
to be billed at $26.00 per hour, with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from
the Court shall not be included as billable time.
(c) IN-HOUSE TRAINING/JUDICIAL STAFF MEITINR" - Time to be
billed at $26.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from
the meeting place shall not be included as billable time.
(d) MANDATORY JUDICIAL EDUCATION TRAINING - City shall reim-
burse or pre-pay the travel, meals and registration costs,
in accordance with the City's Travel Reimbursement Policy,
incurred by the Assistant Judge in attending approved
continued legal education seminar(s).
The Assistant Judge agrees to render services at the aforemen-
tioned compensation terms. The Assistant Judge is responsible
for maintaining accurate and complete time records, setting
• forth the date, description of services rendered, the time
incurred in rendering such services, and the amount billed to
City. Such time records shall be submitted to the Municipal
Nudge for review on a bi-weekly basis, and on the same date as
required for City personnel payroll. Payment will be processed
and paid in accordance with the City's payroll schedule. City
will allow the Assistant Judge to direct payment to the finan-
cial institution of his own choosing. No additional benefits • •
beyond the stated compensation will be provided.
2. The Assistant Judge will receive assignments and work schedules
within the discretion of the Municipal Judge or his designee.
The Assistant Judge shall be available to perform and shall
perform if directed, the duties of the position.
•
r
I
3. The Assistant Judge shall not take on representation of a
client adverse to the City of Denton. The Assistant Judge
shall not represent a client in a case where an employee of the
City of Denton, in his/her capacity as an employee of the City
of Denton is a witness or may be summoned to appear as a
witness.
4. During the duration of this Contract, the Assistant Judge shall
comply with all provisions of the Code of Judicial Conduct, the
Denton City Charter, Chapter. 30 of the Texas Government Code,
Subchapter Y, and all other applicable laws pertaining to the
operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the
terms of this Contract and said Code, Charter, Statutes and
laws, the terms of said Code, Charter, Statutes and laws shall
govern.
5. The City may remove the Assistant Judge from office during his
term pursuant to and in accordance with the requirements of
530.987(c) of the Texas Government Code, or its successor, as
same may hereafter be amended.
6. The Assistant Judge may terminate this Contract by providing
written notice of resignation not less than 30 days prior to
date of termination.
This Contract represents the entire and integrated Contract
between City and the Assistant Judge, and supersedes all prior
negotiations and representations and/or contracts either written or
oral. This Contract may be amended only by written instrument
signed by both the City and the Assistant Judge.
The Assistant Judge further states that he has carefully read
the foregoing Contract, and knows the contents thereof, and signs
the same as his own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed
in its name by Jack Miller, Mayor, and its corporate seal to be
hereunto affixed and attested by its City Secretary, and the Assis-
tant Judge has hereunto set his hand and seal the day and year
first above written.
AS I T T 'U CITY OF DENTON, TEXAS
I ~
C
~Ut-~.
9
O DAVID G By. JA MILLER, MAYOR 0
ASSISTANT JUDGE CONTRACT - Page s2
r;
4,J
•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
L J LS2 i -1
BY:
APPROVED AS TO LEGAL FORM?
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
. ~ 4
J: \M0CS MGAAC I B. K
ASSISTANT JUDGE CONTRACT - Page 3
•
•
CONTRACT ZOR SERVICES
THIS CONTRACT, made and entered into this 9th day of July,
1996, by and between the City of Denton, Texas, a Municipal cor-
poration of the State of Texas, hereinafter referred to as "City",
and Earlean Murphy, hereinafter referred to as "Assistant Judge".
MITNESSETH t
1. City does hereby contract for the services of Earlean Murphy
for a period of one (1) year, beginning on the 15th day of
July, 1996, and continuing through midnight, July 14, 1997, at
the following compensation:
(a) COURT SESSIONS AND JAIL ARRAIGNMENTS - Time to be billed at
$26.00 per hour, with time over thirty (30) minutes billed
as one (1) hour. Travel time to and from the Court shall
not be included as billable time.
(b) OFFICE HOURSIPRE AND POS. C~ OUAT SESSION PREPARATION - Time
to be billed at $26.00 per hour, with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from
the Court shall not be included as billable time.
(c) IN-HOUSE TRAINING/JUDICIAL STAFF XEETINGS - Tiue to be
billed at $26.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from
the meeting place shall not be included as billable time.
(d) MANDATORY JUDICIAL EDUCATION TRAINING - City shall reim-
burse or pre-pay the travel, meals and registration costs,
in accordance with the City's Travel Reimbursement Policy,
incurred by the Assistant Judge in attending approved
continued legal education seminar(s).
The Assistant Judge agrees to render services at the aforemen-
tioned compensation terms. The Assistant Judge is responsible
for maintaining accurate and complete time records, setting
• forth the date, description of services rendered, the time
incurred in rendering such services, and the amount billed to r
City. Such time records shall be submitted to the Municipal
Judge for review on a bi-weekly basis, and on the same date as
required for City personnel payroll. Payment will be processed
and paid in accordance with the City's payroll schedule. City
will allow the Assistant Judge to direct payment to the finan-
• cial institution of her own choosing. No additional benefits 0
beyond the stated compensation will be provided.
2. The Assistant Judge will receive assignments and work schedules
within the discretion oe the Municipal Judge or his designee.
The Assistant Judge shall be available to perform and shall
perform if directed, the duties of the position.
~O
Pon W-7,-
•
•
r,
3. The Assistant Judge shall not take on representation of a
client adverse to the City of Denton. The Assistant Judge
shall not represent a client in a case where an employee of the
City of Denton, in his/her capacity as an employee of the City
of Denton is a witness or may be summoned to appear as a
witness.
4. During the duration of this Contract, the Assistant Judge shall
comply with all provisions of the Code of Judicial Conduct, the
Denton City Charter, Chapter 30 of the Texas Government Code,
Subchapter Y, and all other applicable laws pertaining to the
operation of the Denton Municipal Court of Record, and her
duties as a Magistrate. In the event of a conflict between the
terms of this Contract and said Code, Charter, Statutes and
laws, the terms of said Code, Charter, Statutes and laws shall
govern.
5. The City may remove the Assistant Judge from office during her
term pursuant to and in accordance with the requirements of
530.987(c) of the Texas Government Code, or its successor, as
same may hereafter be amended.
6. The Assistant Judge may terminate this Contract by providing
written notice of resignation not less than 30 days prior to
date of termination.
This Contract represents the entire and integrated Contract
between City and the Assistant Judge, and supersedes all prior
negotiations and representations and/or contracts either written or
oral. This Contract may be amended only by written instrument
signed by both the city and the Assistant Judge.
The Assistant Judge further states that she has carefully read
the foregoing Contract, and knows the contents thereof, and signs
the same as her own free act.
IN WITNESS WHEAEOP, City has caused this Contract to be signed
in its name by Jack Miller, Mayor, and its corporate seal to be
hereunto affixed and attested by its City Secretary, and the Assis-
• tant Judge has hereunto set her hand and seal the day and year
first above written.
1
ASSISTANT JUDGE CITY OF DENTON, TEXAS
• EARLEAN 4MP Y By.
JA MILLER, MAYOR
j
f
i
ASSISTANT JUDGE CONTRACT - Page 2
• 7-
`.......~.....,.s.wHl.'.~.....`.~II,~.~Y~M.
•
~.r
ATTEST:
JENNIFER WALTER'S, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
!i " KGfI u c
BY:
J:\VP000S\K\KJRPKY.K
I
i
ASSISTANT JUDGE CONTRACT - Page o3 J
0
0
i
CONTRACT FOR SERVICES
THIS CONTRACT, made and entered into this 9th day of July,
1996, by and between the City of Denton, Texas, a Municipal Cor-
poration of the State of Texas, hereinafter referred to ab "City",
and Kim Cawley, hereinafter referred to as "Assistant Judge".
MITNESSETHs
1. City does hereby contract for the services of Kim Cawley for a
period of one (1) year, beginning on the 15th day of July,
1996, and continuing through midnight, July 14, 1997, at the
following compensation:
(a) COURT SESSIONS AND JAIL ARRAIGNMENTS - Time to be billed at
$26.00 per hour, with time over thirty (30) minutes billed
as one (1) hour. Travel time to and from the Court shall
not be included as billable time.
(b) OFFICE HOURS/ PRE AND POST COURT SESSION PREPARATION - Time
to be billed at $26.00 per hour, with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from
the Court shall not be included as billable time.
(c) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - Time to be
billed at $26.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from
the meeting place shall not be included as billable time.
(d) MANDATORY JUDICIAL EDUCATION TRAINING - city shall reim-
burse or pre-pay the travel, meals and registration costs,
in accordance with the City's Travel Reimbursement Policy,
incurred by the Assistant Judge in attending approved
continued legal education seminar(s).
The Assistant Judge agrees to render services at the aforemen-
tioned compensation terms. The Assistant Judge is responsible
for maintaining accurate and complete time records, setting
p forth the date, description of services rendered, the time iJ
incurred in rendering such services, ar.d the amount billed to
city. Such time records shall be submitted to the Municipal
Judge for review on a bi-weekly basis, and on the same date as
1 required for City personnel payroll. Payment will be processed
and paid in accordance with the City's payroll schedule. City
will allow the Assistant Judge to direct payment to the finan-
cial institution of her own choosing. No additional benefits { O
beyond the stated compensation will be provided.
2. The Assistant Judge will receive assignments and work schedules
within the discretion of the Municipal Judge or his designee.
The Assistant Judge shall be available to perform and shall
perform if directed, the duties of the position.
J
~L °s
•
•
r
3. The Assistant Judge shall not take on representation of a
client adverse to the City of Denton. The Assistant Judge
shall not represent a client in a case where an employee of the
City of Denton, in his/her capacity as an employee of the City
of Denton is a witness or may be summoned to appear as a
witness.
4. During the duration of this Contract, the Assistant Judge shall
comply with all provisions of the Code of Judicial Conduct, the
Denton City Charter, Chapter 30 of the Texas Government Code,
Subchapter Y, end all other applicable laws pertaining to the
operation of the Denton Municipal Court of Record, and her
duties as a Magistrate. In the event of a conflict between the
terms of this Contract and said Code, Charter, Statutes and
laws, the terms of said Code, Charter, Statutes and laws shall
govern.
5. The City may remove the Assistant Judge from office during her
term pursuant to and in accordance with the requirements of
530.987(c) of the Texas Government Code, or its successor, as
same may hereafter be amended.
6. The Assistant Judge may terminate this Contract by providing
written notice of resignation not less than 30 days prior to
date of termiiation.
This Contract represents the entire and integrated Contract
between City and the Assistant Judge, and supersedes all prior
negotiations and representations and/or contrasts either written or
oral. This Contract may be amended only by written inst>ument
signed by both the city and the Assistant Judge.
The Assistant Judge further states that she has carefully read
the foregoing Contract, and knows the contents thereof, and signs
the same as her own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed
in its name by Jack Miller, Mayor, and its corporate seal to be
hereunto affixed and attested by its Ci'-y Secretary, and the Assis-
tant Judge has hereunto set her hand and seal the day and year
first above written.
ASSISTANT JUDGE CITY OF DENTON, TEXAS
I
• Sys ~.pt~,. L 4-~+
•
11M CAWLEY JAfy MILLER, MAYOR
ASSISTANT JUDGE CONTRACT - Page 2
r
I'
•
a
ATTESTS
JENNIFER WALLTEE--RS,, CITY SECRETARY
BY:w o _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
J: \INDJCS\K\CrILET.If
• 0 ~
i
ASSISTANT JUDGE CONTRACT - Page 3
01
.ry..«.-, v .
•
i
•
Agenda No.
Agenda Item-
BOARD/COMMISSION NOMINATIONS Date___
AIRPORT ADVISORY BOARD
Dist CURRENT MEMBER NOMINATION TERM COUNCIL
1 Hal Jackson Hal Jackson 1995-97 Young
2 Rick Woolfolk Rick Woolfolk 1995-97 Durrance
6 Mike Stephens Don Smith 1995-97 Brock
ANIMAL SHELTER ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TE COUNCIL
7 Bob Rohr Bob Rohr 1995-97 Miller
1 Brenda Sherpell Nonie Kull 1995-97 Young
3 Lynn Stucky Lynn Stucky 1995-97 Cochran
4 Veronica Rolen Veronica Rolen 1995-97 Kristoferson
BOARD OF ADJUSTHENT
D3,s.T CURRENT MEMBER NOMINATION TLES CCOMCIL
6 Rachel Mays Rachel Mays 1995-97 Brock
7 Bill Colville Keith Appleton 1995-97 Miller
1 Ed Terry Ed Terry 1995-97 Young
BUILDING CODE BOAR
DIST CU"tENT MEMBER NOMINATION TM 9-0-01-M
1 Willie Hudspeth Don Terry 1995-97 Young
2 Nicholas Eassa Nicholas Eassa 1995-97 Durrance
CABLE TV ADVI80RY BOARD
DIST g_VRRENT MEMBER NQMINATION TERM COUNCIL
5 Mark Burroughs Mark Burroughs 1996-97 Beasley
7 John Kuiper Tim Crouch * 1996-97 Miller
6 Hank Dickenson Hank Dickenson 1996-97 Brock
fa CIVIL SERVICE COMMISSION
SEAT CURRENT MEMBEFj NOMINATION TERM
CM Charldean Newell 1994-97 City Mngr.
J
* Nominated - not confirmed
4
•
•
COMMUNITY DEVELOPMENT ADVIBQRY COMMITTEE
DIST CURRENT EMBER NOMINATION TERM Of~U CT
i Nathaniel Johnson Ben Sheffield 1995-97 Young
2 Lisa Polack Lisa Polack 1995-97 Durrance
4 James McDade James McDade 1995-97 Kristoferson
6 Roberta Donsbach Roberta Donsbach 1995-97 Brock
DENTON HOUSING AUTHORITY
SEAT CURRENT MEMBER NOMINATION TERM
7 Ralph Flesher Ralph Flesher 1995-97 Miller
7 Warren Whitson Bob Sherman 1995-97 Miller
7 Vicki Hill Mark Chew 1995-97 Miller
DOANTOIIN ADVISORY BOARD
DIST CU NT MEMBER NOMINATION? TERM COUNCIL
5 Dan Martin Dan Martin 1995-97 Beasley
6 Don Davis Pat Cheek 1995-97 Brock
7 Teri Rheault Carol Collins 1995-97 Miller
1 Vernie Wilson Vernie Wilson 1995-97 Young
2 Don Hill David Johnson 1995-97 Durrance
1 Bill Thomas Debbie Sharpton 1995-97 Young
ELECTRICAL CODE BOARD
DIST CURRENT MEMBER NOMINATION TEM COUNCIL
2 Doug Grantham Doug Grantham 1995-97 Durrance
(Electrical Contractor)
7 Fred G. Reed (ALT) Fred G. Reed 1995-97 Miller
5 Terry Schertz Salty Rishel 1995-97 Beasley
(Building Contractor)
6 Perry McNeill Perry McNeill 1995-97 Brock
(Electrical Engineer)
HISTORIC LANDMARK CO I88ION
DIST CURRENT_MEMBER NOMINATION TERM COUNCIL
2 Bill Coleman 1995-97 Durrance
4 Bullitt Lowry Barry Vermillion a 199597 Kristoferson
® 5 Suzanne Byron Peggy Capps 1995-97 Beasley p
I
6 Mark Merki Mark Merki 1995-97 Brock
1 Charlye Heggins Bullitt Lowry 1995-97 Young
3 Alan Smart David Biles 1995-97 Cochran
* Nominated - not confirmed
•
•
,r
HUMAN SERVICES COMMITTEE
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
4 Wesley H. Stewart Debra Anthony 1995-97 Kristoferson
5 Catherine Bell Catherine Bell 1995-97 Beasley
1 Sandra Cross Sandra Cross 1995-97 Young
3 Roy Davenport 1995-97 Cochran
5 Carol R!ddlesperger Peggy Kelly 1995-97 Beasley
6 Ramiro Valdez Kent Miller 1995-97 Brock
7 Mary Morimoto Elinor Hughes * 1995-97 Miller
UvORMATION SERVICES ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION T-M COUNCIL
7 Don Edwards Jim Poirot + 1995-97 Miller
1 Lupe Tovar, Jr. Stephanie McFarland + 1995-97 Young
KEEP DENTON BEAUTIFUL BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
3 Cresha Beattie Fred Patterson + 1995-97 Cochran
4 Douglas Ebersole Kevin Kasperek 1995-97 Kristoferson
1 L.E. Lawson Bill Swain 1995-97 Young
2 Mark Osborne Mark Osborne 1995-97 Durrance
6 Gayla Robles Beth Clark 1996-98 Brock
(Resigned)
LIBRARY BOARD
2IST CURRENT MEMBER NOMINATION Tim COUNCIL
5 Linnie McAdams Linnie McAdams 1995-97 Beasley
6 Jean Greenlaw Michiko Hayhurst 1995-97 Frock
1 Fran Morgan LeJean Brown 1995-97 Young
2 Keith Swigger Carroll Trail + 1995-97 Durrance
• PARKS AND RECREATION BOARD f
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
0 Don Edwards Dcn Edwards All fI
0 Willie Hudspeth Willie Hudspeth All
9 0 Gwendolyn Carter Dalton Gregory All
O O
+ Nominated - not confirmed
•
•
PLANNING AND BONING COMNISSION
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
4 Rudy Moreno Elizabeth Gourdie 1995-97 Kristoferson
7 Barbara Russell Susan Apple 1995-97 Miller
1 Guy Jones Bob Powell 1995-97 Young
2 Bob Powell Rudy Moreno 1995-97 Durrance
PLUMBING AND XICHANICAL CODS BOARD E
DIST CURRENT MEMBER NOMINATION COUNCIL
3 Frank Cunningham Frank Cunningham 1995-97 Cochran
(Mechanical Contractor)
4 Karl Martina Karl Martino 1995-97 Kristoferson
(Mechanical Engineer)
7 Wiley Cunagin Wiley Cunagin 1995-97 Miller
(Mechanical Engineer)
2 Dave Reynolds Dave Reynolds • 1995-97 Durrance
(Master Plumber)
PUBLIC UTILITIES BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL,
0 Charldean Newell Charldean Newell All
SIAN BOARD OF APPEALS
DIST CURRENT MEMBER NQA~I~L T~ COUNCIL
2 Eldon Seaton Eldon Seaton 1995-97 Durrance
4 John Weber Doug Ebersole 1995-97 Kristoferson I(
5 Brent Thornton Brent Thornton 1995-97 Beasley
(ALT)
6 Rebecca Arnold- Rebecca Arnold-Moore 1995-97 Brock
Moore
t
TMPA BOARD OF DIRECTORS
• SEAT CURRENT MEMBER NOMINATION TERM
0 Bill Giese Bill Giese All
TRAFFIC SAFETY CQMMISSION
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
• • •
3 Carolyn Bacon Carolyn Bacon 1995-97 Cochran
4 Harry Phillips Harry Phillips 1995-97 Kristoferson
5 Charles Ridens Charles Ridens 1995-97 Beasley
7 Jim Hobdy Jim Hobdy 1995-97 Miller
• Nominated - not confirmed
•
•
END
OF,
FILE
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STREET YARD CALCULATION stop ~14101
1
23,355 S.F. x 20Y = 4,661 S.F, (REOUIRED LANDSCAPING AREA) J~J I
D I 3
/f 2
(LIJ
i
E
NOTES . , ~ I
1, PERMITTED LAND USE SHALL BE FOR A COMMUMITY CENTER (PRIVATE), i
DATE REVISION MADE CKD. APP0 i s
2, MAXIMUM HEIGHT OF BUILDINGS SHALL BE 28'-9' (EXCLUSIVE OF CHIMNEYS, ~ r
' ROOF GABLES, AND VENT STACKS, WHICH SHALL NOT EXCEED 45'-0'), +
g~ r Cfi Carter mm Burgess
C dw gmv*so Ew- 7950 EhWw ok Dd" Dsulso Tau 15241-4%1
x 3. MAXIMUM TOTAL FLOOR AREA OF BUILDINGS SHALL BE 8,100 S.F, (214) 638-MS MNro 363-200 Fa (214) 6X-M7
4, ALL TREES AND SHRUBS SHOWN SHALL BE AS SPECIFIED ON THE CITY OF DETAILED PLAN
Ila DENTON APPROVED PLANTING LIST (TREES AND SHRUBS SHALL BE SPECIFIED
AT THE TIME OF BUILDING PERMIT), WIND RIVER ESTATES
5, ALL AREAS NOT PAVED, IMPROVED, OR LANDSCAPED SHALL BE GRASSED. { AMENITY CENTER
0.536 ACRES
CITY Of DENTM DENTON CO* TEXAS
DESIGN DRAWN CHECKED SCALE DATE FILE NUMBER
SWAM SHAM ALIEN P 1 20' im 19? 01-YX" of
PROJECT No, %-2214-010
-.Magi