HomeMy WebLinkAbout06-08-1999
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June 8, 1999
Agenda Packet
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AGENDA w 99-03
CITY OF DENTON CITY COUNCIT, AWA
June 8, 1999 )M -
After determining that a quorum Is present and convening in an opera meeting, the City Counci:
will convene in a closed meeting of the City of Denton City Council on Tuesday, June 8, 1999 at
6,30 p.m, in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at
which the following items will be considered:
1. Closed Meeting:
A. Consultation with Attorney - Under TEX. GOVT. CODE Sec. $51.071. Discuss
and consult with the City's avomey, including outside legal counsel, litigation
styled City of Denton v. Denton County Fresh ff'ater Supply District No. 1A and
Denton County Fresh Water Supply District No. S, Cause No. 99-40158.362, filed
in the 362°1 District Court of Denton County, Texas, including strategy and
possible settlement negotiations.
B. Conference with Employees - Under TEX. GOVT. CODE Sec. 551,075. The
Council may receive information from 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 BF. TAKEN IN AN OPEN MEETING, THAT 19 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 TEX. COV'T. CODE SEC. $51,001, 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 351.071-551.085 OF
THE OPEN MEETINGS ACT,
Work Session the City of Denton City Council on Tuesday, June 8, 1999 at 7,30 p.m. in the
Work Session Room at City Hall, 213 E. McKinney Street, Denton, Texas at which the
following items will be consldcred:
1, Hold a discussion and give staff direction regarding the construction of a new City of
Denton vehicle maintenance facility.
2. Receive a report and give staff direction regarding board appointments associated with
the Charter Amendments for the Public Utilities Board, Parka and Recreation Board, and
the Board of Adjustment, ~l
3. Receive a report, hold a discussion, and hive staff direction regarding board and
commission rules and procedures irgarding attendance,
4. Receive a report, hold a discussion, and give staff direction regarding the charge of the
special Cititen's Advisory Committee id study capital Improvement needs and make a
recommendation for a January 2000 bond election.
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City of Denton City Council Agends
June 8, 1999
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S. Receive an update and give staff direction concerning the establishment of regulations
regarding the installation of surface irrigation systems within the City of Denton.
6. Consider and give staff direction concerning an ordinance, which provides for time limits
on all steps and procedures in certain planned development districts and discuss and give
staff direction concerning enactment of an ordinance, which could affect existing planned
development districts.
7. Receive it report, hold a discussion, and give staff direction on a "Stop Work Order" for
Toledo Court.
Following the completion of the Work Session the Council will convene into a Special Called
Session to consider the following:
I. Consider adoption of an ordinance authorizing the settlement of litigation styled City of
Denton, Texas v. Denton County Fresh Water Supply District No. 1 A and Denton County
Fresh water Supply District No, S; Cause No. 99.40158.362, pending in the 362nd
District Court of Denton County, Texas; pursuant to the terms stated in the attached
compromise settlement agreement and release of claims and annexation agreement;
authorizing the City Manager to execute the settlement agreement and all documents
necessary to effect 11e settlemenl; authorizing the City Manager and City Attorney to
take other actions necessary to finalize the settlement and release of claims; and
providing an effective date.
l 2. Consider approval of the charge to the special Citizen Advisory committee to study
capital improvement needs.
3. Consider approval or & resolution amending Resolution No. 899.022 adopting limitations
on acceptance and processing of applications for establishment of multifamily dwellings
to provide for an exemption for pending applications for s building permit for multi.
family dwellings; providing a severability clause; and providing an effective date.
4. Consider and t. ke action on appeal of IN Texas Development, Inc„ prospective
developer of the Jefferson Commons student housing development, to be relieved from
the provisions of Resolution No. R99.022 under Section 6 of the resolution which places
a moratorium on multifamily housing.
5. Consider adoption of three ordinances to involuntarily annex three tracts of land located
in the southwestern section of the City of Denton extraterritorial jurisdiction, amounting
to approximately 2,549 acres of land. Second reading.
a. Tract ki (A•80): approximately 1,952 acres of land located at the southwestern
edge of the City of Denton's extraterritorial jurisdiction, between Crawford and
Lively Roads, approximately 5,800 feet west from 1.35W, and east from Florence
Road. (Robson property)
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City of Denton City Council Agenda
June 8,1999 i
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b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet In width extending
north from Crawford Road, and extending to the west approximately 5,800 feet
from 1-35W. (Hit[wood property)
c, Tract #3 (A-82): approximately 472 acres of land, located between 1.35W and
U.S. 377, north of Crawford Road, and south of Alred Road. (Huffines property)
61 Hold a public hearing and consider adoption of three ordinances to temporarily designate
three tracts of annexed land, amounting to approximately 2,549 acres, as Agricultural (A)
zoning district classification and use designation; providing for a penalty in the maximum
amount of $2,000.00 for violations hereof; and providing for an effective date.
Descriptions of the tracts affected include,
a. Tract NI (A-80): approximately 1,952 acres of land located at the southwestern
edge of the City of Denton's extraterritorial jurisdiction, between Crawford and
Lively Roads, approximately 5,800 feel west fmm f-33W, and east from Florence
Road, (Robson property)
b, Tract U (A-81): approximately 125 4eres of land, 1,000 feet in width extending
north from Crawford Road, and extending to the west approximately 5,800 feet
from 1.35W, (Millwood property)
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C, Tract #3 (A-82): approximately 471 acres of land, located between 1.35W aced
U.S. 377, north of Crawford Road, and south of Aired Road. (Huflines property)
7. Consider authorizing construction work on Pecan Creck Tributary 4 in Fred Moore Park '
on Sunday. June 13, from 7:00 a.m. until 1;00 p.m. 4
8. Consider nominations/appointments to the City's Boards and Commissions.
9. Official Action on Closed Meeting items held under Section $51.071.551.085 of the
Texas Open ldeetings Act.
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 , 1999 at o'clock (am.)
(p,m)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL p
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS W ADVANCE OF THE SCHEDULED MEETING. ,
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 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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CITY COUNCIL AGENDA INFORMATION SHEET
AGENDA DATE: June 8,1999
DEPARTMENTi Utilities Administration
ACM: Howard Marlin, 349.8302 qvv~_
SUBdECft
Hold a discussion end give staff direction regarding the construction of a new City of Denton
vehicle maintenance facility.
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BACKGROUND,
The City has completed the design or a new vehicle maintenance facility and is preparing a
recommendation to Council on the award of a construction contract to build the facility. The
new garage will address several operational and safety needs identified in various studies. The
1993 Fleet Services division review by David M. Griffith Identified several deficiencies In the
existing facility, to include inadequate space, the lack of sufficlent floor hoists, the lack of pits,
inadequate lighting, and poor ventilation and Insulation. The study recommended that a new i
facility be designed and constructed. The 1997 Utilities Management Study identified
limitations on bay size, lack of enough lifts and the lack of any below-floor maintenance pits.
The study also stated safety concerns about poor ventilation, insulation and substandard lighting.
The proposed new vehicle maintenance facility addresses all of these concerns. ,
The new garage will be approximately 24,000 square feet in size and include IS service bays,
plus office space for the Fleet Services stafTand an office for a Fire Department mechanic. This
facility will provide several improvements over the existing 30+ year old garage. Some of the
more important operational improvements Include;
-improvements in preventative maintenance. The addition of pits will allow the garage to
accomplish regular maintenance service (oil and filter changes, etc.) and thia will
provide the Fiect Services staff with a better capability to Inspect and identify minor
problems before they become costly, major repairs.
-The ability to service very large vehicles (Solid Waste/Fire Department) inside
the garage facility. Currently, these vehicles have to be serviced outside of the facility
due to physical space limitations. '
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-An increase in the numberof service bays from 8 to 13. This will allow the
mechanics to service vehicles in other bays while vehicles are down awaiting
parts. This will reduce the time equipment is out of service,
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CITY COUNCIL AGENDA
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•A larger parts departm^nt. Several parts that now must be ordered can be
maintained in stock. This will also reduce the turn around time.
-A safer working environment. The current cramped working areas and
temperature extremes increase the chance for accidents.
•A garage design that will allow easy expansion to meet future growth, The wall at the
end of the facility can be removed to add additional bays when needed,
-Compliance with current and projected TNRCC and EPA regulations
During design development, some decisions and modifications were made to minimize or reduce
the overall cost of the facility. These adju~ ments include,
Eliminated heavy-duty truck lifts due to use of in-ground lubricant pits. Howev.,, .
new facility will have more lifts than the existing facility
-Eliminated the coolant recycling and recovery system.
-Changed 10 ton bridge crane to a S ton crane
-Reduced the size of the office and restroom space
-Incorporated all present equipment into the new garage. Some additional equipment ,
will need to be added to the new facility
These cost-reduction and cost-saving changes wilt not adversely affect the operar:aa or
efficiency of tha new facility,
Staff will also continue to review the benefits of adding a new washing facility at the Service
centc• Automated and manual systems are being considered as options, and each has different
cost and operational advantages and disadvantages. To make the new washing facility
convenient to customers, it is currently planned to be located near the new vehicle maintenance
facility.
RECOMMENDATION: ~
None at this time • for discussion only. a
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CITY COUNCIL AGENDA k
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PRIOR ACTIONAUXIEW:
On February 16,1999, the City Council approved the award of a professional services contract to
Iluitt•Zollan, lne, to design the new vehicle maintenance facility,
ESTIMATED SCHEDULE:
The construction phase of the project is expected to take approximately eight months. Based on
a construction slam date in July, the new facility would be completed by April, 2000.
FISCAL INFORMATION:
W. project will be financed by 20-year ganeral obligation bonds funds. The 1999 bond sale
included $2,300 million to fund the design, construction, equipment and site preparation costs
assoclated with the new garage, plus cover the cost of a new wash facility,
Respectfully submitted:
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Earl Crews, Director FinanclikV
Administrative Services
Exhibits: 1. Engineering Drawing or New Vehicle Maintenance Facility
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AGENDA INFORMATION SHEET
AGENDA DATE: Pine 8,1999
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DEPARTMENT: Utility Administration
CM: Michael W. Jez
SUBJECT:
Receive a report and give staff directlos regarding board appointments associated with the
Charter Amendments for the Public U1111d, t Board, Parks and Recreation Board and the
Board of Adjustments
BACKGR(JUND:
The charter revisions developed by the City Council and approved by the Denton voters
expanded the number of members on the Public Utilities Board, the Parks and Recreation Board
and the Pout! of Adjustments from five to seven. This change will require the Council to
noml,,ate and approve appointments for two additional members to each Board. Each board
also has existing members whose term will expire and will require Council consideration.
While the change from five to seven member boards may provide an opportunity to modify the
council selection methodology for board appointments, staff recommends a continuation of the
current methodology in which board members are not, '-cted at large and approved by majority
vote, This council methodology has been in place since 1997 and continues to be an effective !
selection process.
• Public Utilities Board
The current membership on the Public Utilities Board is as follows:
Member Position YrA,pp Current Ter
Bill Giese Chairman 7/1992 1996.00
Dick Norton Vice-chair 7/1995 1995-99 r t, „ c
Charldean Newell Secretary 7/1997 1997.01
Bob Coplcn 7/1991 If' ).99
George Hopkins 711994 1999.02 ?
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The city of Denton Charter pm-,;tits for each member to serve a four-year term or until the
respective successor have been :'}painted and qualified. Members of the Public Utilities Board
(PUB) must have the same qualifications u are required by membership on the City Council.
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Recommendation
Starr recommends the addition of the two new members as soon as possible so that the PUB can
initiate executive sessions as part of the meeting. The newly appointed members would serve
until 7!2003, As indicated above, Bob Coplen's and Dick Norton's terms will expire in July of
1999. At that time, the Council will need to nominate and approve appointments for these two
positions.
a Parks and Recreation Board
The current membershlp on the Parks and Recreation Board is as follows,
A ber Position YrApp Current Term
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Don Edwards Chair 711997 1997.99
Willie Hudspeth 7/1997 1997.99
Dale Yeatts (Dr.) 7/1998 1998.00
Dalton Gregory Vice-Chair 1!1997 1997-99
N lartha Garcia Resigned 12/1997 1996-00 1
The Ordinance that will establish the Parks and Recreation Board requires members of the Board
be residents or the city. Each member is nominated and appointed by council for a term of two
years and is eligible for three consecutive two year terms.
Recommendation
Staff recommends that the two new members of the Board be nominated and approved in July of
this year to coincide with the expiration of the existing members' terns. As indicated above, the
terms for three existing Board members, Don Edwards, Willie Hudspeth and Dalton Gregory,
will expire in July. Each of these members has served only one term and Is eligible for two
additional terms. In addition, Martha Garcia has resigned and whl require replacement. All six
positions will need to be considered by Council.
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a Board 4 Adjustment
The current membership on the Board of Adjustment is as follows:
Council Member Position l~ Term 2nd Term 3'd Term
Place
1 Tom Recce Permanent 3/98 - 3/00
2 Larry Collister Permanent V74 - 7/96 7/96 - 7198 7198 - 7/00
3 Vacant Permanent 7199 - 7101
4 Vacant Permanent 799 - 7101
S Bob Manning Permanent 897 - B99 8199 - 8/01
6 Racbei Mays Permanent 793 - 795 7195 - 797 797 - 799
7 Vacant Permanent 799-7/00
All Joe Bendzick I" Alternate 7194 - 796 7/96 - 798 7198 - 7/00
All Greg Muirhead 2ad Alternate 7/9b 798 7198 - 7/00
All Vacant Yd Alternate 7199 - 7/01
Note: As proposed, 4 permanent members would have terms ending on odd years, and 3
permanent members would have terms ending on even year. Two alternate members would
serve terms ending on even years, and one alternate member would serve a term end~ng on an
odd year.
The Board orAdjustment consists of 7 members nominated and appointed by the City Council
for staggered terms of two years. Alternate members should be considered to serve in the
absence of one or more of the regular members. Rachel Mays has served a maximum of three
consecutive terms, and may not be re-appointed. Two members, Larry Collister and Joe
Bendtick, will have served a maximum of three consecutive terms by the summer of 2000. The i
Place 7 member, Keith Appleton, recently resigned. As proposed, the Place 7 permanent I
member would serve an initial one-year term to stagger odd and even year appointments,
Recommendations
Staff recommends that the three permanent positions be filled as nominated by the appropriate
Council member and confirmed by the full Council. In addition, candidates for the third
alternate member should be nominated from the Council at-large and confirmed by the full
Council. The alternates are recommended to enable proper attendance in light of the fact that l;
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ZBA cases require super-majority vote for passage with respect to many decislons that must be
made. Council members may also want to consider the appointment of current alternate
members to fill vacant permanent positions. Upon direction from Council, staff will prepare an
ordinance allowing implementation of the new ZBA structure for Council approval.
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Fespectfully submitted:
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AGENDA INFORMATION SHEET Date
AGENDA DATE; June 8, 1999
DEPARTMENT: City Manager's Office
CM: Michael W. Jez, City Manager 349-8307
SU13dECT:
Receive a report, hold a discussion and give staff direction regarding board and commission
rules and procedures regarding attendance
BACKGROUND:
Over the last year, the City Council has been reviewing the overall structure of the City's boards
and commissions. Besides the changes approved during the recent Charter election, some boards
have been dissolved or combined to Increase efficiency.. During discussions at the City
Council's Annual Planning Session held May 21a and 22", Council recognized the amount of I
work done by the numerous boards and commissions and stressed the Importance of the issues
reviewed by these boards and commissions. In order that a quorum be present at each board and
commission meeting, staff was requested to draft it letter to be sent to each board and
commission member emphasizing the attendance policy set forth In the City of Denton Code of
Ordinances.
A draft letter to be sent to all board and commission members long with a copy of Article 111 of
Chapter 2 of the Code of Ordinances Is attached. Section 2.83 (c) states that "the unexcused
absence of any board member from more than three (3) regularly called and scheduled meetings
of the board of which he is a member in any one (1) year or lack of attendance at fifty (50)
percent of the number of regular meetings in a year, unless such absence Is the result of personal
or family illness or death, shall be considered "cause," as that tern is used in section 14.16 of the
Charter, for removal of the membet by the city council from such a board."
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OPTIONS:
1. Send the letter to all board and commission members now and to the new appointees after
their confirmation, Thereafter, all new appointees will receive a copy of the letter.
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2. Send the letter to all board and commission members In August after the appointment r { l{,; , t.
process Is complete. Thereafter, all new appointees will receive a copy of the letter.
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RECOMMENDATIONS:
Staff would recommend Option #2 sending the letter to all board and commission members in
August after the appointment process is complete, hereafter, all new appointees will receive a
copy of the letter.
Respectfully submitted:
etty W i s
Director of Management & Public Information
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DRAFT
Dear ,
On behalf of the Denton City Council, thank you for agreeing to serve on our
Board/Commission, We appreciate your willingness to give your
valuable time and energy to the service of our community. Government works best with the help
of interested and involved citizens such as you.
The City Council has examiWd the city's board and commission structure in some detail
over the pest year. Several boards and commissions were dissolved or combined, and several
amendments to the City Charter relating to boards and commissions were approved by volen last
May. As Denton grows, and as the issues facing our city grow in scope and number, the work of
our board and commission members becomes ever more essential. With that in mind, the
council has considered the importance of regular attendance at board and commission meetings.
Our city Code of Ordinances specifies that board and commission members should not have
more than three unexcused absences or miss more than fifty percent of regularly scheduled
meetings in any year, Failure to meet these attendance requirements to cause for removal.
Obviously, the work of the city cannot proceed without at least a quorum of board and
commission members present at each meeting. Atw;hed for your review Is Article III of
Chapter 2 on boards and commissions from the City Code of Ordinances.
Again, thank you for your willingness to serve and your commitment to the future of our
city.
Sincerely,
Jack Miller { t
Mayor
YIN
P10'A)or%MNNAfd[0mm1u1m1 due 3
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ADMINISTRATION 4 2.63
ARTICLE 111. BOARDS, COMMISSIONS AND C061MiTMEW
DIVISION 1. GENERALLY k
Sera. 2.48-2.80. Reserved.
DIVISION 2. QUALIFICATIONS FOR MEMBERS
See. 2.61. Requirements generally.
Each member of a board or commission, In addition to qualifications prescribed by federal
or state law or ordinance, shall be n qualified voter of the city.
(Code 1988,1 I.21(s); Ord. No. 03-140,11.8-3-93)
See. 2.62. Conflict of interest.
(a) No member of s board or commission of the city that exercises any sovereign function of
municipal government independent of the control of the city council shall have a financial
interest, director indirect, in any contract with the city or be financially Interested, directly or
indirectly, In the sale to or by the city of any land, materials, supplies, or services. For purposes
of this section, the boards and commissions which exercise Independent sovereign functions of
municipal government era; the planning and toning commission, the board of adjustment, the--- •
civil service commission, the electric code board, the plumbing and mechanical code board, the
traffic safety commission, and the building code board.
(E) The phrase "financial interest" when used herein shall have the eame ineonlnR es
"substantial Interest ie business entity" as that phrase is defined in V.T.C.A., Taxes Local
Government Code 1171.002.
(Code 1068,1 1.22; Ord. No. 96154,1 11, 7.9.90)
j Charier reference-Personal interest of officera and employees, ¢ 14.04.
State law reference-Conflict of interest, V.T.C.A., Local Government Code 1171.001 et
seq.
Sec. 2.83. Removal from office.
Should aboard or commission member cease to meet the qualifications prescribed In section
2.61 or 2.62, if applicable, or should such member be convicted of a felony during his term of
service, such failure or conviction, as the case may be, shall be cause for removal,
(Code 1068,1 1.23)
4Charter reference-Boards and commissions,1 HAS.
Cross references-Library board, 12.176 et seq.; downtown development advisory board,
12.211 et seg; beautification advisory commission, 12.241 et seq., airport advisory board, ¢
3.2; animal shelter advisory committee, 18.5 et seq.; cable TV advisory board, 18.130; human f r t, c
services committee, 1 11.61 et seg; park and recreation board, 122.1, building code board, I ( !
28.41 et seq.; electrical code board, 128-96 et seq.; plumbing and mechanical code board, If
28-186 et seq., 28.271 et seq.; development review committee, 134.6; board of adjustment, ¢
36.41 of seq.; historic landmark commission, f 35.230 at seq.
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See. 2.84. Exceptions.
The provisions of this article shall not apply to task forces, ad hoc committees or other
commissions established by the city council from time to time to make recommendations with
respect to a particular subject or issue and which are not Intended to be permanent in nature.
(Code 1966,1 1.24)
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Sec. 2-88. Term of office.
No board or commission member shall be eligible for appointment to aboard or commission
for more than three (3) consecutive terms on such board or commission. A board or commission
member who has served three (3) consecutive terms shall not be eligible for reappointment to
that same board or commission for a period of one year.
(Ord. No. 93.140,1 It. 8.3.93; Ord. No. 93.212,11, 11.16.93)
Secs. 2.06-9.80. Reserved.
DIVISION 3. RULES AND PROCEDURES
See. 4.81. Definition. )
The word "board; "boards,' *commission' or `commissions; as used In this division, shat) be
construed to mean any managerial, adminletrative or quad-judicial body of persona which has
an advisory or delibetet:v a character and whose members are appointed by or serve at the
pleasute'of the city council
(Code 1968,1 1.42)
Cross reference-Definlt)ons end rules of construction generally,l 1.2.
Sec. 2.89. Applicability. ,
The provisions of this division shall govern and control the rules, procedures and operation
of all boards and the removal of members thereof; provided, however, wherever any provislon
of the state constitution, stele statutes, the Charter or a city ordinanco conflicts or to
Inconsistent with any provision of this division, the conflicting or inconsistent provision of this
division shall not be applichble.
_ (Code 1988,1 1.43)
See. 4.89. General rules.
(a) Quorum. A quorum for the transaction of business of a board shall be a majority of the
members appointed to the board.
(b) Voting required. No attending member of a board shall be excused or shall abstain from I ~
voting on any matter berate the board on which a vote is called or required, except where a
board member's personal interest Is Involved. When such member's personal interest is
involved, such member shrill announce such Interest at the commeneemeat dcoaeideration of
the matter, and such member shall not enter into discussion or debate an such matter and
Supp. No.1 184
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ADMINISTRATION 12107
shall abstain from voting thereon and shall fill out an affidavit stating such interest In
accordance with V.T,C.A.. Texam fora) Govemment Code 1 171.004. A member shall be
considered to have a personal interest in a matter whenever any matter before the board could
or does affect the member's financial interest, The phrase "financial interest" when used
herein shall have the same meaning as "substantial interest in a business entity" as that
phrase Is refired In VT.CA., Texas Local Government Code 1171.002.
Charter reference-Personal interest, 114.04.
(c) Absencer. Every board member shall attend all regularly called and scheduled meetings
or the board of which he is a member. The unexcused absence of any board member from more
than three (3) regularly called and scheduled meetings of the board of which he is a member
in any one 111 year or lack of attendance at fifty (60) percent of the number of regular meetings
in a year, unless such absence is the result of personal or ramify illness or death, shall b4
considered "cause; as that Orm is used In section 14.16 of the Charter, for removal of the
member by the city council from such board.
(Code 1966,1 1.44; Ord. No. 96.164,1 111, 7.9.96)
Sec. 244. Nominating and appointing members to certain boards.
All nominations and appointments to the public utility board and the parks and recreation
board shall be by an affirmative vote of four (4) members of the city council.
(Ord. No. 96.169,1 1, 7.16.96)
Secs. 2.65-2.106. Reserved.
ARTICLE IV, SALE OF PROPERTY'
DIVISION 1. GENERALLY
See. 2. Sales of personal property of the city.
All gales o m•out, eceap, obsolete or unused personal property of the city shall be
approved by the ci uncil according to the probable value or such personal property as
estimated by the city ms.,f er.
(Code 1966,120.1)
Sec. 2.107. Impounded properly.
(a) Authority to sett. If any impounded pro remains unclaimed with the city for a
period of thirty (30) days, whether or not the owner or older Is known, the city may utilise
such property or It may be sold by the city in the manner vided by this section. Items of
personal property, the sale of which Is restricted by Vernon's An C .A art,18.01 et seq., are +
not subject to the provisions or this section.
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'Cross reference-Finance and taxation generally, Ch. 10.
State law refereac"ale or loose of municipally owned property, V.T. Local
Government Coda 1263,001 et seq.
Supp Nat 164,1
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AGENDA INFORMATION SHEET
AGENDA DATES June 8,1999
DEPARTMENT: Fiscal and Municipal Services
ACM: Kathy DuBose
SUBJE T
Receive a report, hold a discussion and give staff direction rep4rding the charge of the
special Citizen's Advisory Committee to study capital improtement needs and make a
recommendation for a January 2000 bond election.
BACKGROUND
On April 20, 1999, City Council approved a resolution to appoint a special Citizen's
Advisory Committee to study capital improvement needs and mtke a rocomme-elation
for projects to include in s January 2000 bond election.
Since April 20, City Council has appointed the 50•.nember committee and named Euline
Brock is its chairperson. At the City Council's annual planning station, the Council
requested staff draft a charge to the Committee for discussion and direction at the first
work session In June.
Now, it is necessary to provide the Committee a specific charge to receive citizen input,
study the capital improvement needs for the not five years, and make a recommendation
for a January 2000 bond election.
Respectfully submitted:
Kathse
Assistant City Manager
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Citzen's Advisory Committee
Five-Year Capital Improvement Program
The City Council charges the special Citizen's Advisory committee with the goal of
obtaining citizen Input, studying capital improvement needs for the next five years, and
making a recommendadon for projects to be funded in a January 2000 bond election, The
Committee's review should encompass shoot construction and transportation
improvements, building construction and renovation, parts acquisition and improvement,
public safety facilities, and any other needs identified by the Committee,
City Staff has estimated a five-year capital improvement program of $22.6 million using
the traditional method of issuing ad valorem tax supported bonds. Because of this limited
funding capacity, City Council charges the Committee to review alternate sources of
funding including grants, revenue bonds, infrastructure Was tax, std valorem tax,
public/pdvate parlnerehips, IntergovernmmW partnerships, and any other funding
sources identified by the Committee,
The City Council also chuges the Committee with the responsibitity of public
information, education, and promotion of the adopted five-year capital Improvement
propoeldon for the January 2000 election.
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AGENDA INFORMATION SHEEP
AGENDA DATE: June 8, 1999
DEPARTMENT: Industrial Pretreatment
ACM: Howard Martin, 349.6232
c
SUBJECTt
Receive an update and give staff direct,on concerning the establishment of regulations regarding
the installation of surface irrigation systems within the City of Denton.
BACKGROUND:
Staff has prepared amendments to the C'.ty of Denton Code of Ordinances to provide guidance
for the installation of surface irrigation sewage treatment systems and enforcement for
noncompliance. These amendments are included in Chapter 34, Land Development Procedures
and Permit Regulations and in Chapter 26, which regulates Dircct and Indirect Discharge Into
Sanitary Wastewater System. Of particular importance Fire restrictions, which limit the
installation of surface irrigation systems to tracts of land with s minimum surface area of 1.5
acres.
OPTIONS:
Failure to amend these ordinances could result in the installation of surface Irrigation systems In
high-density subdivisions with the potential to pose health risks for residents and increased
liability for the City of Denton.
RECOMMENDATIONS*
Staff recommends the timely adoption of the amendments so they will be in place before the
approval of atticipatA subdivisio.. developments.
ESTIMATED SCI rEDULE OF PROJE(I
Chapter 34 must be reviewed and approved by the City of Denton Pleaning and Engineering
Departments prior to approval by Council. It's possible that this amendment maybe codified by
May 1, 1999. - 44 f r,
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Chapter 26 must be reviewed by the City of Denton Legal Dept. and than by TNRCC. TNRCC
must approve the amendment because the changes result in a modification of the program
implemented as authorized agent of the state to regulate the use of on-site sewage disposal
systems in its Jurisdiction. It Is possible that this amendment may be codified by July 1, 1999.
PRIOR ACTIONMVIRW;
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The Public Utilities Board reviewed this item at their April $,1999 Public Utilities Board
Meeting,
FISCAL INFORMATION;
Site evaluations, plan review, installation inspections and process compliance monitoring has
been estimated to require 8-hr/permit process time. A 1997 projection of 200.300 requests for
installation permits will require approximately 77%(1600 hrs) of the time currently dedicated to
implementation of the NPDES pretreatment program.
BID INFORMATION:
NA
MA'
NA
Respectfully submitted;
i
Coulter
Assistant Director of Wastewater
Prepared by;
William P, McCutlough
Environmental Services Coordinator
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Exhibit 1: Proposed amendment to Chapter 34 of the City of Denton Code of Ordinances,
vehich regulates Land Development and the Regulation and Control of Alteniative I
Water and Sewer Facilities.
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Exhibit 1I: Proposed amendment to Chapter 26 of the City of Denton Code of Ordinances ~
which regulates Direct and Indirect Discharge Into Sanitary Wastewater System !
to include Regulation and Control of On-Site Sewage Disposal Facilities.
Exhibit III: General comparison of changes in Chapters 26 and 34 of City of Benton Code of
Ordinances.
Exhibit IV: Underlined sections of current (1993) Chapter 26 which address septic systems
and abatement ofnuisances.
Exhibit V: Table of Contents of Proposed Amendment of Chapter 26 of the City of Denton
Code of Ordinances.
Exhibit VI: Table of Contents of Proposed Amendment of Chapter 34 of the City of Denton
Code of Ordinances.
Exhibit VII: Underlined sections of current Sec. 34.119 which addresses Alternative Water
and Sewer Facilities.
Exhibit Vill: Underlined tections of Proposed Amendment of Sec. 34-119 which addresses
Alternative Water and Sewer Facilities.
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Proposed Amendments to City of Denton code of Ordinances
Chapter 34, Division 3
ORDINANCE N0 _
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AN ORDINANCE AMENDING ARTICLE III, DMSION 3 ENTITLED LAND
DEVELOPMENT PROCEDURES AND PERMIT REGULATIONS, OF CHAPTER 34 OF THE
CODE OF ORDLVANCES OF THE CITY OF DENTON. TEXAS, RELATING TO REQUIRED
IMPROVEMENTS A\'D GENERAL DESIGN STANDARDS, BY AWNDITIG SECTV ' 34-
119 PROVEDING FOR THE REGULATION AND CONTROL OF ALTERNATIVE WATER
AND SEWER FACILITIES; PROVIDNO A PENALTY NOT TO EXCEED $2,000 FOR
VIOLATION AND PROV[D1NG AN EFFECTIVE DATE.
WHEREAS, the City Council finds the development of land in itsjudidic6on, while beneficial for
the citizens of Denton and the entire county, must proceed as orderly, planned development to
assure to the greatest extent possible the avoidance of health and environmenW hoards; and
WHEREAS, the City Council deems it necasay to approve amendments to Chapter 34, Article III,
Division 3, Section 34.119 of the Code of Ordinances to provide for the health and safely of the
public, and to protect iu citizens by provide .t for proper alternative water nerd sewer facilities;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDANS: l
SECTION I. That Melt III, DivWons'L&d DevekM at ProoWurn" Chapter 34 "SubdivWotas
rod Lead Developamw of the Code of Ordinatces G horeby mmoded by Secdoo 74.119 which
shall read as foUows:
34.119. AhmaNve Water aad Sewer Fee0d.. i.
A J developments within the jtiried)dlom of the city "be taqui W b haw giprovad wdw ntppbr
trod owhoy sewer WRIda sod AW bs requdted Its mod b the oily bell" wilm sheardve
eraser jemom have been approved by elan eity aooordht~ to dw /oDm* Awdarde and prooedttra:
(A) ALTERNATWE WATER SUPPLY. Developments may be mWoved with dternaave water
fac i lilies only in aocurdance with the foUowinp Asndards and procedures,
(1) L!nlatyful Ar{ ' I t
(a) It shall be unlawful for a person, firm, or corporadoo to drill a wsterwetl eupplylaj water fat
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EXHIBIT I
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human consumption or irrigation without scquuing a City of Denton Water Well Permit
and to dnll a watcm ell without u6b2ing or becoming a licensed driller. A licensed driller is
a person who holds a license Gom the Texas Department of Licensing and Regulation under
appl,cabit pro mions of the Wit terw'ell DnIlers Act, Chapter 32 of the Water Code
(b) it shall be unlawful for a person, firm, or corporation to dnll a watemell w4un the
corporate Ionics or ektrattrr torial jurisdiction of the City of Denton that provides more than
fifteen (IS) service connections and Ohm the water for oommerx:W sales or service to
more than twenty-five (2S) Mividtuls alter the effective date of this ordinance.
(c) Water systems developed prior to the effective due of Ws ordist m d WI remain in kii
compliance with Chaplet 3A Texas Adedaluru(ve Code (TAC), Chapter 28 and 32 of the
Texas Weer Code and all other sppUcAbk local, state, and federal Isim.
(d) It shall be unlawful for a person to install or operate a well, which receives disclmrge of
waste u defined in the Federal Resource Conservation and Recovery Act (RCRA) or the
Tonle Substances Control Act (TSCA) or in violation of any other applicable local, state, or
fedml laws in the corporate limits or extraterritorial jurisdiction of the City of Denton.
(2) General Well Oiteeir
(a) Water Well; Morns a bok or aloft dug into the earth in order to obtain water Som a I
subecr mm supply Including any Arti&ial exavadoo constructed for the purpose of
exploring for or producing ground wax-v but eachA4 thou of weW excluded under
the defier 6m of "water well' in sec* ,001(1 S) of the Texa Water code,
(b) A howAW water well driUw s6atl tnM all wow wells within rise oorporate lima and
extraterritorial Juriadicdoa of the Cky of Dermot
(c) AU waterweU in the oorporaw (irdu and atruanilarW JwWkpao of do City of Deotob
aba11 be WWkd in oomphaim with aA rules d ngdlatkooa protntilpW by dw Sw of
rases b *&4 Ci sptm U and 22 of ft Tan Walsr Cods mod Chapel 30 of TAC,
(a) A Woo dog ad be looted in a boodway of a A 00610 as &M !erne we dobw in
StWoe A) of the City Coda except as provWW busk A wale well may be loeased tv a
Myeu flood plats; provided that the well whso completed shat) be MOW with a
watertight sanitary well seat and steel asim !take iag a aalohntrm of 24 imW above do
known flood pWn kvet
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(b) A well shall be located a minimums of $O feet tined any watertight sewage or ( 'd waMe
cotlecdoo facibry, except in Ilse ease of wAtoring wells which may be loealW where ! t .
necessity dictates.
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(c) A Aell shall be hated a mivmum distance of ISO feet from any concentrated source of
contamination, except monrtonng Atilt as that term is defined in Section 32 001 (I1) of the
Water Code which may be haled in accordance Atth other applicable prostsions of the
ta•A
(s )141tst.lfitll Pemtiu AeoiisalieB:
(a) The property o%rer shall submit a Aater well application to the City of Denton Utility
Department signed before a notary public or other person authorized to take oaths. The
Assistant City Manger of Utilities shall provide the w da well appticstion form, The water
well application shall include the following material and any other relevant information
required by the City of Denton Utility Department; i
(i) The applicants name and business address;
(ii) The applicants permanent mailing address,
(ioi)A cost estimate ofthe Aster Aell instatlabon;
(iv)A certification that the cost to connect to the City of Denton water system exceeds the
initial capital cost of ti waltmtll,
(v) A survey plat of the parcel of land.
(A) A site plan which 9WI indicate the kscadon of the proposed water well, on•eiit sewage
facihiy or any potential source of oontanmadoa
(b) Al the time of appOcados4 each appUaw shall pay 4o the city a noa-teAndable vpkidoo i
fa of, dollars.
(S) lmtaeoe of Weer Will P k•
Upon review of deer spill oodoa 6s Aa WAW Cky Mm W of UtiUidw tally km a wtdw weU
petmk alsbrttiafng the dtWq and w ofa wales wed pu rmittil to tits Berms ootWait d to Ib peallit
h shad be to kwfW ht a pa sm Ic VkWo tW tarma and ooadltioos of a wader wed permit no
water weft permit shill be Issued to the word owoa of the pwperty wbere the weU is kxaled. Tie
wata well permit can be user kted to a new owner upon uk of the property M6 the approval of
the Assistant City Manager of Utilities if the coodttloos under wbkh the paerrsit was originally
issued have sot chanced. A person Issued a wales weU permit shall operate the water weU in '
accordance with the following general permit ociMttom; ti
(a) The pemtitta d%H not create roam than tidtow (IS) seevdce oorntecdm to the water weU
and shall not serve more that tweaty.five (2$) (n&Oduals,
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(b) The perrrvnee shall not sell the w a,er produced from the water well I.
(c) The mmijrtee shall hue a cater quality test performed at the frequency prescribed ut the
w ater w ell penrut
(d) The well dnller shall submit a copy of the water Well Repoli to the City of Denton upon
completion of the %ater well.
(6) Revocation of water well nennit The Assistant City ,kfUU&er of UoGda tray, aAa police and
hearing, revoke or tuspeM a walerwell permit for a vioMon of any of the provisions of this
secdon of the City Code. Before revoking or napen&S a permit, the permittee dW be given
notice in writing of the alleged violation. The noose shall be made by regisleW mail to the lag
known business or permanent mailing address of the perming and saall be given at least 10
days before the date set for the hearing. The pwTOiec may present relevant onl or wTinen
evidence at the bearing
(B) ALTERNATIVE SEWAGE FACILITIES
(I) CeacriICriteria for OnAite Sewage F i rtiee
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(a) On-Site Sewage Facilities Means itrealm i. devices and sewage disposal faeitdoa that do
not treat or dispose of more than 5,000 gallons of wasw each day uW are wed only for
dispoW of sewage produced on the legal tract wbcre the ovi m is IoWad.
(b) Oadts sewage Sadao tba11 be pamitad, 6MM and "a" is scowbitoo witb the
City of Doft Code of Ordinances (CRY Codas ,yam V, 0Apta 36 and ail odw
appficab4 loaf, state, and federal rorAndons, lbs AaaWAM Ny M e*#* of Ilelidss may
npprow oe•aita assuage heilidM ptrwranl b the uitaia era; Ar>tia belaN.
(a) 7W property vmw d a apbmit a swaadaad sppkWoe 14 69 owq& ~j hft
b an Ass toot Oy 'w of UItl6W a Lbws
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f L Udaa 7% rtpp>soapt bs a~r~ a mob aw~i ba r tm~..r oI m" Vass
dw *&41*
ow"p is b be oooMrnelsd ied shalt P"Idis ma Mlow* loh"Wae
(ti) A notarized City of DmIce spp6cadoa ibrm ooash6lg the apps name, basinass
address, and permanent m sling address, r
(ii) A ptWdesign for an on•aite sewage faaty, shah be prepared either by a ftlooaioW
Eagioea o( I Registered sanltarieo.
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ki)Affm&0 of the results of a site evaluation prepared by a professional engineer or
registered sanitanan that is certified as a site evaluator by the Tetas Natural Resource
Conscrnation Commission.
Ii%)Cerlification that no more than one residence, commercial or A4strial facility will be
connected to the on-site sewage facility,
(v) A surrey plat of the property where the on-site sewage facility is to be located,
(vi) Compliance with the requirements of applicable sections of Chapter 26 of the City
Code.
(b) Upon review of the on-site sewage facility application the Amisunt City Manager of
Utilities may issue a permit authorizing the applicant to comma" the construction of an
on-site sewage facility. Once the Installation of the on-site sewage facility Is approved the
Assistant CityManager of Utilities may issue a permit to operate the on-we sewage facility.
All on-site sewage facility permits shall be Issued in accordance with Chapter 26, of the
Ciry Coda
(3) Laad_jlsS; On-site sewage fatuities utilited in developments located on platted or unpUtted
legal tracts must be installed in accordance with the following requirements:
(a) On-site sewage facilities shall not be located to a (loodplain or floodwsy as defined in
Chapter 30, Section 30.3 or the City of Donlon Flood Prolecrim andl Prev*Wm Code.
(b) Installations shall serve ti* resideo1W *wtta es only and shall be inWalled in
w ordance with the following Wd tree cr(teda:
W Said= "'CIPA1111lo ds
PWad cc mtplatted hio* of Imd d4 coots& a mioimtm w hos am of If
1.0 am In addition to dwd whi & It eladfied as doodpW srimin a ASU.
of way of upon which a pool or lake to ktasad.
(ii).
PWW or utipWad trade of land sW oontatn a mialartsm atrEar4 area of 1.3 acres
to addidoo lo that which k tWWA44 so Boodpidq within a HIM-of-way, or upon
w♦rlch a pool of lake is locomi ,
(1)
(q The City may accept existing or annexed water or sewn "ems for operation and
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maintenance when the City's water and sewer tins are connected to such system, provided
the system has been designed, constructed and operated in accordance with accepted
industry and City standards and fully complies with all applicable laws and regulations
Such water and sewer systems shall be dedicated to the City at no cost,
tb) Prior to such acceptance by the City of Denton, such water and sewer lines and facilities
shaft be inspected and evaluated as to Vandands, adequacy, condition, etc. If water, sewer
lines and facilities are not according to City of Denton standards and applicable laws, the
user of such systems will be assessed a prorau charge based upon cost•per.lit".foot for
the upgrading, repairing, or installation of improved facilities associated with the system, j
(SJ Connection to san"AaSewer yvstern
Whenever the city sanitary sewer system is developed to within 200 feet in horizonW
distance (measured on the closat practicable ac"a route) of a building or residential unit,
the owner of the building or residential unit shalt case to use the on- 0a sewage facility and
connect the building or residential unit to the sanitary sneer systeat, within thirty (30) days
after written notice to do so from the Assistant City Manager of Utilities or their designee
unless the owner can show by the city of Denton certification that then on-site sewage
facility is functioning in a sound and safe manner. The owner shaft be required to have the l
on-site sewage facility recertified by the City of Denton every two (2) yam,
No person may instal or conslrw m oaaite aewage faciNty wbea any part of the building
or residendai unit is to be within 200 feet in borirooW digrote (meawed on the clove
pnetiesbk accsw route) Dorn an eadttit j City of Dooloa ttmitrry sewer gait, ud m oat
of the followLy hat bees tat:
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1, 71H PMM tsar to*VW a arftfnt tlonlal of MANY rawer tterv{ce Qom the My of
2. The Aa IAW City ManW of UUtes etrdAtt in *aidng 6al do bporspby of
VA premim Duke$ rormd ooatrsjWN Whh dw Uktim nnihry MW ttrvioe
kopraioal Orloff M ONh
(6•) Roda of &"m
(a) day pertoa propotiag b develop or ittbNvlde trod is mtldta W wb&~
manufacttrrad bousins mare it)as, muk-tacit reridential devdopmeny, budaen
or o ar similar tale dw tatiliet Oto-fttba $amp Paallltia bt ttawrp &VoW ss'Stll
submit as WIN Swap Faeftity 6stW He lo dw Chy of Data Ax mvkw seta
eppmval coeeuneet with the land deyebprsseet and wbdivWw n:gulaoom oortWo d in
this chapter.
(b) The On-Site Sewage Facility tmpan Pliant a6all include the foQowiog iaforsnuioa:
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lit A site plan of development dravrn to state indicating the location of water veils,
lakes, ponds, streams, and public fccess areas. !
Iii) A topographic map and 100•year r)x4plain map.
00A report indicating soil conditions, tape of OSSF proposed for use and the manner
of addressing OSSF replacement areas.
(iv)the impact plan shall:-Aicate the compatibility of the OSSF with area wide drainage
and groundwater.
(c) The City of Denton will provide a written response to the submitted On-Site Sewage
Facility impact plan withln IS days of receipt.
SEMON D That any person violating any provisions of this ordinance shall upon
convicdon, be fined a sum not exceeding 52,000. Each day that a provision of this ordinance is
violated shall constitute a separate and distirtcl o(knse,
SEC7t04 tlt. Thal if any section, wbsecti0tl paragraph, sentence, clause, phrase, or word
is this ordinance, or application thereof io any person or circumstances is held lnvaUd by any court
of competent Jurisdiction such holding shall not affect the validity of the remaining prniona'of tWit
ordinance, and the City Council of the City of Demon Teit" hereby declares it would have eaaoted
such remaining portions despite any such invalidity,
SEMON rV. Thal this ordinanec shall become e(locitive fourteen (14) days k%M the date
of its paaaage cA the City Secretary b beraby directed to um the caption of this ordi A60 to be
published trvlee In rise Denton Racordllenkle, a deity otww" p kW W in the City of
Deco ce, Teas wiWo tea (10) days of the date of Its pasults. ,
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PASSED AND APPROVED THIS _DAYOF,__ X994,
JACK MILLER, MAYOR
ATTEST;
JENMFER wALTE.Rs, CITY SECRETARY '
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BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CRY ATTORNEY
BY:
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ORDINANCE NO u
,k%4 ORDIN.LNCE k%1ESDlNG ARTICLE ENTITLED "DIRECT AND INDIRECT
DISCHARGE NNTU SANITARY WASTEWATER SYr-T6S1" OF CHAPTER 26 Or THE
CODE OF ORDINANCES OF T14E CITY OF DENTON, TEXAS, RELATING TO "LTILII [ES"
BY REPEALING THE DEFMTION OF SEPTIC SYSTEM (ON-SITE SEWAGE FACILITY)
IN SECTION' 26.153, REPEALING SECTION 26.172 AND SECTION 26.177 AND
ADOPTING NEW SECTIONS 26.210 THROUGH 26.231; PROVIDING FOk THE
REGULATION AN'D CONTROL OF ON-SITE SEWAGE DISPOSAL FACILITIES E
WCLUDING STATE OF TEXAS ON-SITE SEWAGE FACR.ITY RULES "DESIGN
CRITERIA FOR ON-SITE SEWAGE FACILITIES" AND ADMIMSTRATIVE RULES 30 TAC
285.1.285.41, AS PROMULGATED BY THE TEXAS NATURAL RESOURCE I
CONSERVATION CO'vMSS10N OR ANY SUCCESSOR AGENCY; PROVMNO FOR A
PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE;
P'AOVIDNNG THAT EACH DAY A SECTION OF THIS ORDINANCE IS VIOLATED SHALL
BG A SEPARATE OFFENSE; PROVIDING A SEVERABILRY CLAUSE; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, {
wNEREAS, the Texu Natural Resource Conservation Comrnisdon has esubllsbM Deslp
Criteria for on•sk sew ap fuilides to provide the cititm of this state with adequate public health
potation; and
WHE EAS, the I.egidaturt hu eructed tepsWion, codified u Texu Health and Safety
Code, Chapter 366, which auslarim a local pvemtneot to Nplate the use of oo-site uwage
disposal facilities in its )wisdicdon In order to sbw or prtvent potludon, or Wury to public beahh
arising out of the use of oa•sits sewage facwtia; tad
WH REAS, Swim 26.172 of City of Dmma oediamoe No. 0112 relsdng to the
diq owl of wuWwata using septic systems (oo sitr WwW hAdes) does not sdwpa* conform
w the esurant OnSrw SewW Facilky ruin and dwAards adopted by do Taus Ntsunl Resource
Cvl wvrtioa Commiasiea
WHtTR13AS, The My 6( Dam bw bald a VA U, hmbi b coasldar in proposed
amendments to Article V of dw Udlidss Cbspw of the Code of Ordlaaooes 00
WHEREAS, The City Council of the City of Denton, Tsxu fads that the um of msiw
sewage facoidee in the city or Denton, Texu is ewsiag or may cam pollution sad Is Nuriag of
may iNute the pu'olk be", and
WHEREAS, The City Council of the City of Deolan, Texas finds the proposed
amendments to Chspta 26 of the Code of OmUnanees to W reasonably related to the Cites desire to
revise iU ordinww4C to insure the heahh, ufety and senerld welfare Ow its Ci&ms in proteetsd to
the pwat extent pom''ble, NOW, THEREFORE,
12 EXHIBIT 11
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THE COUNCIL OF THE CITY OF CENTON HEREBY ORDAINS
SMIQN1. That Chapter 26 of the Code of Ordinances titled "Utilities" is hereby
acrended by repalmg the folloA;og sections or portions of sections
I I) The deRm ion of Septic System (On-Site Sea age Facility) in Section 16.133 shalt
be repealed.
(2) Section 26.172 shall be repealed.
(3) Section 26.177 shall be repealed
SECIIQU- That Chapter 26 of" Code of Ordinances is hereby amended by adopting
D!Asion.LON•SITE SEWAGE FACILITIES Muding Section 26.210 through 26.231,
26.210. Purpose.
The purpose of this division is to regulate surd control on-site towage disposal facilities sod
practices within the city w as to protect the health, welfare and property of +u citizens aril to enauro
LNI all on•site sea age disposal facilities and practices are in compliance with state laws, rules std
regulations. It shall b: unlawkl for a person to violate any provisloo of this Article,
I&I11. Authority to adopt Oodlu Sewage Facility Rota.
The City of Denton, Tom cleuly understmdo tbs tachnical aiteria, legal mquinsoaooK and
gdminiseradve peooedw and duties aoooclaW win rapt@&$ w4le wwop k &W do adopt
and wM " enforce CbWw 30 of do Tam Fw ty Rata adopted by the City Council of~ sad DeUllitly vi Code. lbuo tRO Sfwap
Deo o Texas,
as die =ovanisy body of the City of Deotoq Texas. no Co' of Denim
eruo &40 ~
Siff Sewsp ?@a* Rules (bereiooMr oatlsd and I 6M Big w 0o-
C kvw M6, rti barfktsAor doid4 mod6KC4* 364 iimoW by dills O~, t' gYi ~ ja is
84W owe do attt o* of des Twos Hutt W Id* Cods. A espy of Q0pW X*afft
Terse Fioa26 will MW Cods Is now MW avid dr Cky Sarrday and 1s taooeposabd A . a it sot oat of looll des daM tb4 ttwtdatsosa"t"s~
M privlwi3eio iyno/, wtW M cooft
otf do
C* of Do" up* de
poNoos of C2taper 356 ttreb woo d &4 at amtoded by No ardieoooe
W-M,
2&212. Adopdost of Ofdhe Sewsp )setts Ralos.
The 0*.Site Sewage Facility Rules, bat ia&M called the TNRCC Rules, and all Mm
anundrnents or reM m promulgated by rho Texas NaWW Peocime Cowavation Commisoioo of
any wed ~y in sdopted by refwom save and esoopt sstcb pordit )f the TNROC Rules
feted, multi bed, or amended by tits Ondizta)ce, and wn City of Donlon ofldabs
AM employees soda odd RWW an wthoriZW b poel6em ouch dada 0 roq" of tbem Ueda
Wd Rules. Oo4te sewW facility dedpo aitais and all Mun sroeodments recd rfrioioes haw
am hkorpor W by to wwoe and us lbw maids a pat of tbsso Rules. A mey of the 0SW Rasta
of the Texas NaAW Raoums Coamn-oda Co walseloe Is now filed with the City Ssm*wy and
. _ III
t
is hereby adopted and incorporated fully as if set out at length herein, and tiom the date t}us
ordinance shall take efect, the pro%isions thereof shall be controlling with the limits of the City of
Denton except the portions %hrch arc specifically deleted, modified, or amended by this ordinance
A copy of the current Design Cntena is anached to these Rules as Appendix I
I I ) The local pertaining authority shall w ithin the purpose of these Rules, rv,., %e
tiny question regarding any interpretation of these Rules
26-213, Area of Jurlsdietion,
The On-Site S:wage Facility Rules adopted by the City of Derdon shut apply to all 6-orporated
arena of the City of Denton, Texas. Any sauctwe discharging sewage into an on-site sewage facility
within the jurisdictional area of the City of Denton, Texas shall comply with Cie Rules adopted in
Article V of this ordinance.
26214. Definitions.
Abandoned Tank • beans a tank that is not used or is prohibited for use by the City of Denton,
Aeroblc Digestion . Means the bacterial decomposition and subilization of sewage in the pnaence
of free oxygen.
Aerobk Treatment Plant - Means. a proprietary treatment system which subilizea sewage by
aerobic digeWom
Amaerobk Dlgesdoo - M-w the baetaial decomposition and stabilization of sewage it
the
abaaoce of fra oxygen.
Aandatamt Chy Mu&W of tlt111dss - Mew the ehiof exeentive offer of the City of Dettom
Depertmaet of UdHos.
Astthorbd Awt • Mom a loaf pwnmaoW aothy trsthosiaad by 6* Tom Mt&W Otauossrw
Caewvatiaa CoamoWoo In *11, taad will ohm Cbaptar 368, Tom Ha* mill dilly OWL
DNdroelt • Mom a oootinootim horizontal hyrr of Isardeoed is bwd dspWb tlsat do snot ttarpport
Srowth of common plant life.
Sloehemkal Otcygem Demand (SOD) - h?. i w the qu iri ty of oxygen udlitad to dw blodbammial
oxidation of organic matter under standard laboratory proeedaro to rive days at twenty degroee
CeWua, expressed in m.11bgrttms per liter,
~ k
Sodding -Cleans any smxture used or Intended for supporting of sheltering my rase or owupaoey. t t ~
Cesspool . Means a non-watertight, eovarW recepucla intoodod foe the rocato sad partial
treatmow of ilorolaOC aeww This dtnko Is. OortstrYeted sues dim ha Wwalk mill bosom w
opeo-}ointod to &Dow the grdttal d sdwp of ltq" whlls nAW#4 tbw ooitda t>br mtaatabi ,
deoompoeidots.
i
1
i
Cbemlcal • Means a substance that in sutTcient quantity could ha%e a biotoxic effect on OSSFs,
Chtorloe Residual • Means the total amount of chlorine (combined and free available chlorine)
remaining in water, wastewater or sewage at the end of a specified contact period following
chlonnation,
Cluster System • Means an on-site sewage collection, treatment, and disposal system designed to
wove two or more sewage•genmting units located on separate legal trace where the total
combined (low from all units does not exceed 5,000 gallons per day,
Commercial Property - Means income producing property which provides the owner of the
property with compensation.
Composite Sample • Means a sample that is collated over time, formed either by continuous
sampling or by mixing discrete samples. 71ne sample may be composite either as a time composite
sample: composed of discrete sample aliquots collected in one container at congmt time intervals
peoviding representative samples irrespective of stream now; or as a flow peoportioW Composite
samples collected either as a constant sample volume ai time intervals proportional to ttrtam flow,
or collated by increasing the volume of each aliquot as the flow increases while ttuintaioliq a
constant time interval between the aliquot
}
Coastr uedoo Permit • Means a wtitlen authoritatioo issued by the permitting autbO4 to lnHall,
oonstn4 aher, extend, or to*. an OSSF purswmt to *A tams contained In thin permit no
cor aduetion pamit shall be Issued to the owner of teoord of the property wbere the *"to so*
be oomtrtacted and the property wnw shed be rife, to In the pumft w that
Pftftft
Dally Maadaas s UM - Men dw maximum allowable disebarp of a podtatue dnariog a odUWW
day. The dally &sdwp is 6s ae(dtmrtlo ma>ra mutsur+ofaot of the plIdA l ooooalthsriori
derived Acm an meas raimis tabor that dry. Mom
h" a "m Not& 00muwllen~nuallCbmmlron d Is by ua~AW etl~
Mom" of Utideln to abets P064 a 00040% a& sYs es tits Asditi CIO P -1 evahsations, and iaspeceioos subject W°0~ euyslts
to b rbeW*oft sWav
MkIlieoom - Mom the idwq of pubogaoio mlerobse oe or in a material nit" naauuity
atuiii*I the material
DrtlmlkW - Means the term applied to s oompooent of an oo-dw sewage 6eidty, whM ra,ss(v% r
sewage flom a septic tads or other wage treataasm tacit 10d saves ai eidsu a stn W or '
PJAW16ce sewage &VOW area
help [rrlgaBoe • Means s sewap M penal syMsm whlcL ttraab uxvtsp tasitsg so spprowd aatobio
treaa& tacit and 490,106 Old" nwys "h* MA A "NW pnsstdd den dlnsltbr bwW b
die r 15
i
Emergent' Repair • Means a repair made to an OSSF to abate a serious and dangerous nuisance
condition without Omni; the OSSF's planned function Notification must be given to the
permitting authonty w chin 72 hours of when the emergency repairs begins
ERturat • 1leans sew age, wasteu ater, or other I q.id, partially or completely treated flowing out of
a reservoir, basin, or trcaument plant.
Environmental Appeals Committee • A committee appointed by the City Manager which is
composed of three (3) indkiduals hot in the Chain of Command of the Assistant City Manager of
Utilities.
noodplain • Means the area outside the floodway which is still subject to inundation by the E
regulatory flood.
G
Flood,Asy • Mews a river, channel or other watercourse and the adjacent land areas that must be
resened in orier to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Normally, the lloodway will include the stream chmmel
and that portion of the adjacent land uw required to pass the base flood (one•hundrod.year flood)
discharge without cumulatively increasing the water surface elevation at any point more than one
(1) foot above that of the pre•floodway conditions, including those designated on the flood inrursace
rote m.p.
Crrase loltrceptor • Mean floatation chambers where grease floats to the water surface lad is
mtalaed while the cleans water t omosth Is discharged, A grace interceptor does no bave
moving mechanical pau and iu opaadood cberactaistia at s(mily to a septic trash.
Creywater • Mena waslewata from clotlw wuWn machioa, showers, bwbad* huW*s iasf
lavatories, and sinlu not cased for the disponl of ha &*A or totck WpWieots or waste fiam food
prepaadorr.
Gro idwoss, • Mew M1bisidw wdor 6st oaaan bwet6 the walsr tabk Is roil said poiogie
kemodorl 69 we !illy rttatstwd A* )r-+oued at oa a sees" or kotrrnaignot bro.
Hardow (wyMr) • Mean piimariFy tb prMeooe in water of aWma bkorbooaa,
bkwbou* caleium sulfate (gyprum~ Napsiehrm ad* (Epsom sdWX alum rurn
and
mt&P"itam chloride is sohrdoa
HoWlIag Taah • Mans i wltadght oonaabw equipped with a higts•kvei alarm fwd b wAve sad
atone sewage pending its delivery to, and trea4meot 0, at approved trsatment f"ty. This type of
facility Is general~/ intended nor interim use, if sad wbee approved by the kW pmnittiq 4
authority.
imtalkr • Mans a pence who bolds a valid eertidwe with the TNXCC and is campaueted by
uaoaba to perform savlces, oonavrx, W4 alter, or repair ao OSSF.
tstftaeat • Maas sewage, wastewater a ot6ee 11iq;sid that bed not boas padally at completely
treated flowing into a reservo r, basin, or treatment plant.
Lescblog Cbambers • Sleans bottomless chambers which are installed in a draideld excavation
+rth the open bottom of the chamber in direct contact with the excavation. The Chambm are
linked together in such a manner as to completely cover the excavation with adjacent chambers to
contact •Alth each other.
Malatenaaee - 'leans the normal or routine upkeep, cleaning, or mechanical adjustments to an
OSSF,
Malaleaance Compsay • Mean a person in the business of maintaining OSSFs. At teas! one
individual in the company must hold an installer d certificate or a Class D or higher wastewater
operator certificate and be certified by the appropriate manufacturer's maintenance program for the
proprietary unit being maintained.
mg/L - Sleana milligrams per liter.
MultWah Developmeat - kleans commercial property having two or more buildings or
commercial operations located on a single kgal tract that provides the oww of the property with
compensation.
Natural Son - MeW earthen materials deposited into place by natural processes and at disttubed
by artificial processes.
i
Normal Strag6 Wastewater - Means tmhwated wadewaW influent of it dtOo avenV
coocet adon of leas than 300 mg/L of Carboameous Biotbatz l Oay m Demand (CDW) and
750 mg/L of Total SugwAed Solids Cf SS).
i
Nalseaea - Means but Is no limited to 10 tte*Vk btrma excreta, wastewshsr, at other ogpnk
watow deposited, shored, disch"W or expmed In stwb a way so b be a poleada) tashuosat of
medium is the hsosmissioa of diaaate to oe bstwaeto troy person or paw
how" Sys tuft ((oun • Mores cos or aliens a1*M of Wedotsat drtsrisas ad ~W
L bra not petodtaos man tMn SM VG= of sswIV ads dry,
b. are used only for &VoW of sewage produced on the site when the OSSF is lasted.
C. does not discharge UWnWed, pUWY boded or hated etiflumt Into the wders of the United
Stara without the laausoce of I National polludoo Discbarye EHm6adoe Sy*m (NPDES) permit
that has been duty issued and Is currently Wit! for such discharge.
d. Receives wastewater of oormal strength at which has biro prietre" to normal arecq.,y or
~waftwaW exceeds shat of oormal*040 waslew ow hatmed uoR caP+ a of trading svastewyer, which
'27
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t
k
Operatlag Permit - Means a written authorization issued by the pemunirq authority to operate an
OSSF pursuant to the terms contained in the permit, The operating pcm.,t shall be issued to the
owner of record of the property where the on-site sewage facility shall be operated and the property
owner shall be referred to in the permit as the permittee
Owner - Means a parson who owns an OSSF.
Permit • Means a written authorization, issued by the permitting authority, to install, construct,
alter, extend, repair, or operate an OSSF. The permit coruists of the authorization to construct
(including the appro%ed planning materials) and the permit to operate an OSSF.
Pertalttee • Means a person who has been issued a permit t) construct or operate in on-site sewage
facility by the permitting authority.
Permitting Autbority - Means the unit of city govenunent that has been designated by the city
council to have the duties and powers to adrnhster and enforce State and local on-site sewage
facility rules and vandards.
Persoo • Means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, bwt, estate, govt mment entity or any other legal entity, or their
legal representatives, apenta or auigns. The m sculine gender shall bxludc the rwdnine and the
singular shall include the plural except as otherwise indicated by the context.
pH • Means a measure of the relative concentration of hydrogen ions in o solution; this value j
Moves the acidity or ah'. des ity of the solution It is calculated as the wgative logarithm of tae
bydrogen loo concentration in moles per liter.
Plaaaly Makrlal • Mean plan i and other supporting mammals submitted to the pertni*g
wthority for the pwpose of obtaining a pamit to corsoud and operate an OSSF.
i
PU#W Property • Meaoa PJAvided property teoorded wits the City of Denton in an official pW
heftut me Tank • Means a W* pWW abead of a heaemaoe tacit these Aa%6m as an interceptor
he tstt WAW arch as ptastlea, ckilhing, bdr, and pore &d m pdeudaC harm M to treabmaet unit
ooerponeaes.
Proprietary System • Mew in OSSF in which all or part of the treatment or disposal process is
owned by a persoo and has a reeistaed tredeawk or patent or utilizes a trsdename or tidemark.
Rtsidendal Property • Mean property that doe not produce an inoome, characterized as a plan
of abode, suitable for resideoua or bonnet.
Restrictive Hocluo • Mearts a layerof soil profile with & significant observable change in dewity,
ctay oowent, cc particle site wbicb rostrkts the vertical movement of water,
RIOW way • Means a strip of tend oompied og intended to be ooc*ad by a ,boot, taowwak
18
riit•oad, road, electric transmission line, oil or gas pipeline, water main, sanituy or stone sewer
man or for another special use as defined in Chapter 34 of the Code of Ordinances,
OSSF Rules • "Design Criteria for On•Site Sewage Facilities" and Administrative Rules 30 TAC
285.1 • 265 91 promulgated by Texas "arum! Resource Conservation Commission (TN'RCC) and
any other standards or rules adopted by the City of Denton pursuant to Article V of the Code of
Ordinance of the City of Denton.
I
Seepage I i, • Mews an unlined covered excavation in the ,round which operates in essentially the I,
same man lit as a cesspool.
Septic Tank • Means a watertight covered remuck constructed to rece;ve, store, and provide
treatment to dome %ic sewage. Its function is to separate solids from the Gqutd, digest organic
matter under anaerobic conditions, store the digested solids through a period of detention; and allow
the clarified liquid to be disposed of by an approved method.
Sewage -Mears waste that:
(1) is primarily organic and biodegradable or decomposable,
(2) usully originates as hurnan, animal, or plant waste from certain activities,
including the use of toilet facilities, washing, baiting, sad preparing food.
Sewage Disposal Plas " Means a lechaital report prepared by either a registered professional
engineet or registered sanitarian having deau,.~strated expertise in on-site sewage disposal planning.
The plan mud iochtde, but is not limited to the locWoo of structures, easameots, welt, treaftow
tnsiu and dispow cress.
Stalk Funny OwtMag • Mum a habitable struMn aoodtaded oa or brought to its site and
oooVW by member of one he*. The sine of rise angle frseaily dwening Is rise prtrdnd of the
kstgds muhipW by the width of the dwetf *
91st11a Crib Sample • Mesa am amoo v" Is table Sets a Wradsstreem or efflum wimout
regard b the Asw E do waskohoam and own a pettiod of d w am io snood U born,
Siia RWalastler • Mseoa as irdhidrael As bids a "M asMbosM ~ rV T*M NO"
Resoaros CoOWVWoo c4asmwast d Wits i 'air d dugs a P* sits
evahutioa which imhAes pwh migg soil mslysis, a sine tarvrcy, and other aiteris oweaary to
determine the statability of a site for a spea& OSSF.
Socl• Mew the wxoneo6dsted missal material oo rise aurfaee of the earth that selves u s na ural
medium for the growth of plans.
Standard Dimeuke Ratio (SDR) • Mom the ratio or wall likkneaa of the pipe to the imidle '
diameter of the pipe.
✓ Studard Metbseb • Mom ft Wsst aditias of $uedrd Mesbods for rise Ensmiraadoa of Water
and Wutew", prcpe and Published johdy by tbs Amaim Pulik If" Meoeistioo,
•ss
SOON
t
American Water Works Association and the Water Pollution Control Federation,
Subsurface Selvage Facility • Sleans a subsurface method for the disposal of partially treated
sewage ANch relies on the Isort's ability to absorb moisture and allow its) dispersal of moisture by
lateral and %toical mo%cment through and between individual soil particles.
Subdivlsfon • %leans a di0sion of a tract of property into two or more parts either by platting or
field notes with meets and bounds, and transferred by deed or contract for deed.
Substantlel Modification, • deans a repair, extension, or other modification of an OSSF by
increasing the size or capacity of a septic tank, treatment tutit or "nfield.
Surface IrrlgaNon Sewage >+acWty • Means a sewage disposal system which treats sewage using
an approved aerobic treatment unit, followed by disinfecting the sewage effluent using chlorine,
ozone or ultraviolet light, and disposing of the sewage effluent onto the ground surface by spray
irrigation.
Total Suspended Solids • Deans solids that either Coat on the surface of or are in suspension in
u ver, uasteuater or other liquids and which are removable by acceptable laboratory procedures as
set forth in standard methods.
i
TN6 MCC • Means the Texas Natural Resource Conservation Commission or any of its successor
agencies.
Voiform Gravel SW • Mearu gravel to be toed in standard absorption drainfielda that has beeo
processed through shaker scrum to produce a size pawing one An sciria arsd rt:uInW on arWier.
The smaller serem shall be a kart SOA of the size of the targer act
16-11& Powers and Dodes.
The City of Denim's Water LhlWw Depa tined it dodgmbd by &a City Coursed of Daotoq
Tezu to be the foal petmifting &*A ty Rw bass, Rnla and d a have the duty and PMM 16
` a&ninister and enforce these Rules. The Water UWam Department" have Ibe lbllowb* dtatlea
std powers:
(1) To enforce than Rtalea wben noooompfima bu boo oommitfed.
(2) To ism all oo•site sewage facility permits to construct or operate any mlite
sewage facility.
(1) To inspect ail oasiu sewage facilities w-bm requested or required.
(4) To set and coped all reasocibk sod neoessary fea to recover sorts incurred in
mating the requirements of these Rules.
(S) To perform W other dttia iseoeasary to mod the roodramente of thew Rules.
zu
AN~
s
Section 26-216. Establishing Fee Rates and C(Illectioo Of Fees.
The Assistant City Manager of Utilities shall set fa rates for all On6iie Seccage Facility pertnits
issued by the City of Denton
The Cot) of Denton Water Utility Deparmtent shall assess and collar all fees for On-Site Sewage
Facility permitting acu%ltoes.
Section 26.117. Procedures for abalemeot of 0cladoos.
I
(a) Notice and Order: Whenever the Assistant City Manager of Utilides or his designee has
determM that any person has violated any provision of this article or that such violadoa is
continuing or reoccurring, he may, issue a notice and order directing that such violation be
corrected, The notice and order shall be in writing and shall state,
I. The nature of the violation and the prosisioa of this article which has been
violated;
2. The corrective action that must be taken to correct or abate the violation;
I The violation shall be corrected within IS calendar days from receipt of the notice
and order
.
4. That the penoo to whom the ood" and order is (slued may file in appeal of the
notice and order with the environmernW appesk commuter, The writtao appeal
must be bled wisb the WAtu had d* fee with *A Asislo t City Manager of
Ud 6tia within tea (10) calendar days 6om rooeipt of the notioe and order,
S. That frihme to comply with the odor and order mod WisTure to file a timely appeal
may re
suh in either, aimind charges being filed in a municipal mot a citation
isau*J to the parsoa named in tbe nodes and Weir Ila
OoMr1 Wirminsdoo of wrier srvbe d 9W lee" wbere tb OW Iin anualelo
s arem6s a
(b) SM"m of 66" Nd orda. A noes and order Wood trader dds rock"be in writing sod
ki ved In pasat or by regIslered at carobed aW l0 6e oview of the OS.4F, trier of ik O';8F or
other Poions determined to be reapoooibk for truck vfo adm
(e) Appeah: The owner of the OSSF may appeal the notice and order of the Asaiatant Li
Maraga of Utilities or his designee by Ming a naittat Witke of appeal with the AWAW City
Mlea jer of UoGties on forme provided by the Assistant City Managero(Utilities and
fi ling f« estabbsbed by the city cotaocil and on 6k in the ofike of the ci WYE a ii
Vp shall be filed and filing fee paid R<thin tea (10) WWdr days from receipt ortbe oooooee wd
(d) Eoforcemat aedoot t( no timely appeal and filing lee we dIA the Aaaiayot Havipiat of
LkMee of his designee may, if a vMWN of coy provieka of 6b &*k Is ooestes& amitimag
21
it
M
x.
or reoccurring, file criminal or civil charges in a court of competent jurisdiction on the person or
persons violating an} provision of this article, or may issue a citation for the person or persons
violating any pro~iston of this article to appear in municipal coup
(e) Venue procedure: Criminal prosecution for an alleged violation under this section is in the City
of Denton Municipal Cour, A suit for injunctive relief and penalty may be brought in a court of
competentjurisdiction either in the county in which the defendant resides or in the county in which
the alleged violation occur.
(f) Suspension of smite: If no timely appeal and filing fee are filed, the Assistant City Manager
of Urilitia may, suspend water service at the location where the OSSF Is creating a nuisance or
endangering the public health
(g) Notice of suspeoslon: As soon as is practicable the Assistant City Manager of utilities or his
designee shall notify the owner, user or person responsible for the OCMF of the suspension of water
smite. The Assistant City Manager of Utilities or his designee shall order sucb peron responsible
for s: OSSF to cease the operation of the OSSF in a manner, which is crating a nuisance or
endangering the public health.
(b) Reinstating senice: the Assistant City Manager of Utilities shall reinstate suspended water
service to the owner, uses or person responsible for an OSSF that creates a nuisance or a)Wgen
the public health when:
(1) Upon proof by such person that the OSSF is no "a creating a nuisance or
endangering the public beaith.
(q iUgbt to bearing: A pawn whose water service has been suspected under thin section, may
apply to the department, which suspended the service for a bearing on the Ism of the suspension
The hearing shall be conducted in accordsoce with Section 26-218 of this article.
Settdo~ 26-21111. Appals
Any p non aggrieved by an action or declaim of the AnIstaot City ManW of Utilities or his
dedgnet may db in Ibe ofdoe of the Assistant City %t oW of Utilities, an, tppsat to the sedw or
decision within 10 calendu days of receipt of notice and order.
An eaviroruneatal appeals committee is hereby aublisbed eruct awbxiW to bar and d-tide
appeals from any pasoo aggrieved by an action or deciaion of the permitting authority. The
1 caarnittee shat! be composed of throe members aWhtted by the City Manaprc. No individual
appointed to the committee shall be employrd in the chain of command of the Assistant City
Manager of Utilities.
The committee may call and hold bearings, adrnWster oaths, receive evideoa at the bearing, and
make findings of fact and decisions with reaped to administering its powers in this chapter.
The committee shall delamine if there is anbetaadd evidence In sttppat the permitting b6oriys
action or decision. Tat docision abaft be in, wri* sod contain dodiop of fad. The eomsittee
22 {
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shall sfTum, reverse, or modify the action or decision of the A istant City lianager of Utilities or
his designee A copy of the decision shall be delivered to the appellant or person to whom the
action or decision is directed and shall be sent to them by registered or certified mail.
26-219. Conaectlon to saoltary sewer s)stem.
Whenever the city sanitary sewer system is developed to within 200 fe.•t in borirAnW distance
(rr,•.asured on the closest practicable access route) of a building or residential unit, the o-, ae of the
buildarrg of residential unit shall cease to use the on-site sewage facility and connect the building or
residential unit to the sanitary sewn system, within thirty (30) days after wrin o notice to do so
from the Assistant City Manager of UdUes or their designee unless the owner can show by City, of
Denton certi5cation slut their on-site wewkte facility Is functioning in s sound and sufe marutw.
The owner shall be required to have the on-site sewage facility recertiSed by the City of Denton
every two (2) years.
No person may instal or construct an oa-site sewage facility when any part of the building or
residential unit is to be within 200 fat in hodzoeW distance (measured on the closest practicable
access route) from an existing Cit- )f Denton sar iwy sewer system, unless one of tae following
has been met:
1. The person has received a written denial of sanitary sewer service from the City
of Denton
2. The Assistant City Manager of Utilities eetifia in writing that the top,vrVby of
sucb premises malts normal connection with die existing unitary Uwe sarvioe
W p udcal or impow bk.
2622& Right to Iaspeel
The Asst arrt City Mm" of Utilities or chigoes aAw ptapw idatat&Wm sfa be
permitted b "a upon any trail of land A soy time IN 6e
&dW to deeamios armphs Ant with thae miss. 7% A to *Ckof inipoatilitiql 04W y Mawtillir olff Ud*ju a bWis
deaOres shall be pemuttsd tlo oo%a wnpW Am Os oa•sits sewW fsobty
~ u•T21. Ltwhl >lssrsge lylsdtsrjss. . n r
AAa the effective date of this ordiomee the Wowing types of
sewage discharges shall be !sw}4s1:
1. Sewage dixhar'ed hdo an OfWaixed disposal ryssam eperstissg tadw a valid
NatioaW Pollution Discharge Ehmilosdoe Systrm pmt 6sase4 by the Unshed States
FavirommW ProWim Agency or the Teach Nab" Resorrm Cassa vadw
Coaunissioa y '
2. Sewage discharged into as oo-site sewage &Wity des;gnedl. WWted, pormjUed,
. J gerue4 and maintained in scaordanoe with these Roles.
I Exwq en-site 06A NOW or atarha isr(gstion swap lset'tid is we oa the
23
' s
cffecioc date of these Rules are not required to have an OSSF operating permit,
provided the OSSF is not causing pollution, a threat to the public health, or a
nuisance, or has not been substantiall modified.
2-222, Abatement of nuisances
Any and all of the fo(lowiig condition are hereby specifically declared to be nuisances dangerous
to the public health and environment. Any person possessing any place in or on which there is a
nuisance shali as soon as its presence comes to his knowledge proceed at once to abate the
nuisance,
(a) It shall be unlawful to deposit, store, discharge, or expose sewage, human excreta, wastewater,
or other organic wastes in sv.h a way as to cute a polential instnunent or medium in the
transmission of disease to or between any person or persors.
(b) It shall be unlawful to transport human excreta, or other organic material in any vehicle or
container that is defective and allows leakage or spillage of contents.
(c) it shall be unlawful to discharge sewage onto the ground surface from an overflowing septic
tank or a component of an OSSF.
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(d) It shall be unlawful to create or allow to continue an offeruive odor by sewage effluent from an
OSSF.
(e) It shall be urdawful for sewage or other organic waste to drain or discharge into a drainage
easement, creep, river, lake, or into a body of water Won a National Potlu6oo Discharge
Elimination System (NPDES) permit has beta duly isswed sod is cu r^ently valid for Pxh discharge.
(f) It shat! be uniswU for a pow to use 114txtion welts, drilled or neural hots, pit privies, or
caspoots to dispose of uwsge.
N 26-223.0%4ke Sense FeetUky Cwtr>redsa aryl Opssads >Perr k trogaheenss.
A person mud seem a peewit to oottatroci or Irtdatl an on sM sewage bet'kty repzdkw of the sat
of the tract of larsd This adioance dsall! repeal to 104cre exemption fotuad In Section 366.052 of
the Texas Hahh and Safety Code.
(a) It shall be unlawful for a person to commence ocntrucooo, iodalladon oC or a Alitsmtial
modi5ca&A to an oo-siu sewage facility widum posseseing a permit Issued from the City of
Denton authorising the wnstruction of an mthe sewage facility. An =agency repair may be
nude to an OSSF in woordance with the provisiorss in the On-Site Sewage Facility Rules adopted
by the Texas Natural Resource Consavatioo Comirdssioe.
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. / (b) It shall be unlawful for a person to viotau any provision of a City of Denton OSSF Operating +
Permit ,x to operate an ots•site sewage fscihty wit6otd pow sWt a permit issued from the City of 1
Denton udso Wag the operation of so oo-tile sowse hct7ity after approval of eoostiuctim and
satisfattoty con. kdoo of the o"te uwse Wity.
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26-214. Permit to Construct ao Os-Site Sewage FtcUity.
ne owrer of record of the legal tract of land upon which the proposed OSSF is to be located shall
slArrut a notarized application for an On-Site Sewage Facility Construction Pertrut on forms
pro%rded by the permitting authority Upon roitw of the application and evidence, the Assistant
Cat) Manager of l;ti'itia may issue an on-site sewage facility construction permit
(a) An applicant for an OSSF construction permit shall provide the following information;
1. Site evaluation and soil srWysis perfonned by i site evaluator currently registered
with the Texas Natural Resource Conservation Conunissiom At the discretion of the
City of Denton a soil percolation teat may be required. The experience of the City of
Denton shall take precedence over the results of site evaluaton or wi) analysis.
2 Survcy plat of the trxt of land where the proposed OSSF is located, The survey
plat shall comply with all of the criteria contained in City of Denton Code cf
Ordinances Chapter 34. Article I. 1
3. An on-site sewage facility plan or technical report shalt outline al! components of
the plaruting and operation of the on-site sewage facility. The plan or technical
report shall be prepared by either a professional engines or a registered sanitarian
4. Pay the required permit fa,
S. Submit a completed appliadw firm
6. All site plane aha11 be drm b scale indicating sll of the neaown) eompooaues
of an on-site sewage fisc Uty. The site plao must dtimoostive that the OW as be
Instal ! meeting aD &e requimw* of this Artick and 060 RWo psumnlpsad
by the Teotas Natural Raoustx Caoset add Coami iii"
7. The Qty of Dstotoo tally rsgiiit a ttrvim er r 06ssr piin by me Tom Nttttttral
~ Coosaratioa Cgeamisaian prior to de is wr a of an OW eaWroWn
I. Any additional information shat the City of Denson msy requite.
(b) Tbc oompkted apptieWm and &U tlbioooal khrmsdoo snbmiltsed dhall not amain any fib*
inforuutin at ooneW any material feels sod shat! be rn" to and notaiaad.
(c) WiNa thirty (30) days after an sppbcw has IIW a appticadw and tip necomy /
material, the City of Denton shall nuke a Winton the isaaoce of a oandrttcooo pesrmstp on6t
basis of submined information sod say additional Wormadoe that may be required, the City of
Denton may:
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I . Um so t m pmpegty owner, a permit ioooodructMae-" w o op Milky.
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Notify the applicant in unting'A ithun (10) ten class of the reasons for denying the
issuance or a permit
(d) A construction pemut shall expire one )ear from the date of issuance unless construction of the
OSSF has been completed and approved. An expired permit may be re-issued provided the
conditions under which the permit was originally issued have not changed A fa will be charged to
decay the cost of re-issuance, When a permit hm expired and the original conditions have changed
a new application and planning matcrial must be submitted. A fee shall t, charge for the new
permit application
26.225. Permit to Operate an On-Slit Sewage Faculty.
(s) It shall be unlawful to bury or operate an on-site sewage facility without prior inspection and
approval by the city of Denton:
(b) The installer shall notify the City of Denton at least forty-eight (49) hours in advance to
schedule an inspection, excluu1ing week.nds and holidays,
(c) The applicant or installer shall provide whatever reasonable assistance the City of Denton
requests in order to make the inspection of the on-site sewage facility.
(d) On the basis of the information obtained from the inspoction and any other information
available to the City of Denton, the Assistant City Manages r-f Utilitir, .hal] make a finding to
either issue or not issue an OSSF Operating Permit within S working days aAa the inspection of
the on-site sewage facility.
1. Upon a finding that the use of the on-site sewage facility will not cause pollutirn,
endanger the public health, or crate a nuisance condition and is not in colloid with
ame Ruled and upon payrimil of the appropriate fees, an On-Site Sewage Facility
Operating Permit shall be issued to the owner of the property wbem the On,Site
Sew ai Facality is Iowa
2. Upon a boding that w on-site sewage WUly operating permit carmot be Iutaed,
the permitting tt dM:y tthall so WO the Ippfieaot In writueg within five (5)
w•oddng days of tilt finding rnd shall include the reasons for denying the tasumce
of a otrsite sewage operating permit.
(e) An On-Site Sewage Facility Opa%bng Permit issued Lander the authority o- 'this Ordinance shall
be for an iadefitute period and shall be traruferred to a succeeding owns. Upon the request of the
new owner, the permitting authority shall WmIter the operating perttsit to that new owner, provided r , -
the on-site sewage facility has not been substandaUy modified.
26.226. Land use requIremeots.
On-the sewage l ilif a 16af1 not be located to draiaW ways or in areas ewceptnbte to Ocioding.
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Installations shall scree single residential smxwres only and shall be installed in accordance with
the following land rue criteria:
t al subsurface Sew ale Faci'Wj ,
Platted or unplatted tracts of land sencd by a public or private water system `shall
contain a minimum surface area of 1,0 acre in addition to that which is clami5ed as
flood plain, within a riot-of'way or upon which t pond, lake, or drainage essanent
is localcd.
(b) 5 ~~Y R+gation • ge Fsiitidee
Planed or unplatted tracts of land served by s public or private water supply shop contain a
minimum surface area of 15 acres in addition to that which is classified as Good plain,
within a right-of-way, or upon which a pond, lake, or drainage easement is located.
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26.227. Surface Irrlgatfoo effluent 11mltitlo41,
It shall be unlawful to dtscharge effluent (from a surface irrigation sewage facility
exceeding tM limits listed below,
ACCEPT ABLE EFFLUEM LIMITS
PARA. ETER 30 DA 'r AY GLE
AVERAGE AVERAGE MAXD.1LN1 GRAB
Biocttemi
Oxygen
20 30 45 63
(B0D) (mWL) E
Tout
Suspended 20 30 dS I
~ Solids 65 i
ITSS)(m&1) _ i
i Residual
Chlorine 1.0 1.0 1.0 1.0
{mSli,)
Feesil
Coliform _ 200
(klI00m1)
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26-228, Surface Irrlgatlon Facility r.asi)sis and Reporting Requirements,
In accordance Aith the following SCHEDULE OF REQL'TRED FREQUENCY OF ANALYSIS
kND REPORTING, It shall be unlawful for a perminee to fail to submit to the City, of Demon the
results of the analysis of effluent for either the residual chlonne or fecal coliform concentration or
BOD and TSS concentration.
Substitution of either residuil chlorine or fecal cohfonn comentntion is acceptable as monthly
compliance reporting for residential property only. (see Table)
SCHEDULE OF REQUIRED FREQUENCY OF ANALYSIS AND REPORTTNO
COT SIZE BOD/fSS RESIDUAL FECAL
CHLORATE COLEFORMS
RESIDE`7IAL
PROPERTY 4,"w 6vyear 6Xlyear
LESS THAN or permit specific or pemut specific or permit specific
2 ACRES I
RESIDENTIAL
PROPERTY None 6Xlyear 6wYar 4
GRE.ATER THAN 1 or permit specific or perm l specific
ACRES
COKNEERCIAL Myear 6X/year 6X/year
PROPERTY orpomitsped 6C or permit specific or pannilpecific i
I
M3 It. Matsteauce Regotremesb for Aerobic Treatrunt Pied
it shall be unlawful for s property owner !o operate an seeobic treatrwa plant without po"N" a
valid ma lermce aoctna with a MiW oaaoe cotoparty m MAW to Section 16214. h ttbaU be
ua mful for a propety owner to fist to comply wttb sa inspoedoos psov{drad hr to a tmislseanee
oomaot the h9W maimmmm o I I - P SIM 41dad he a ttoWW= oft" yea, A ter of Mw
slpM tsallabstua mti boll wa~ M psopaay trwtwr anti lire ar lt~t~11
sbi b p "Maid to d n parnln - nut -v Mar is Aea1 astrtM ttu t*t y
owner shall condow the aou+al titMSVaf of a tnliid maieb apps ootrirld Mr Y approved
m" MUM compeoy to oootpllaooa wig do "*am* *(*A opandy PWIWL A ow of the
ctareot maintetwu eonow mud be submitted to the permitting swbodly at the time of renewal.
A tausinteaasea contract shall be mvired for say on-site w*W "em wins proprWiay aerobia
treatment wbether it is subsurface or au6" aewase disptssd sued the owun or mainteoana
company shall maintain and tat the *Mueot socordias to the OSSF Marsdsrds at pwmk the
maintenance eoctraet shall consist of Wapacticas aid emurem feting by the taainknow eornpany
ptusumt to the Code of Ordiwticea and alien require the mainlermot company to submit OSSF
incpwdm end eMumt testing reports to the City of Denton It"be ualawM for a msie mem i
company to fail to submit OSSF imfxctioo and tffiw! Mvm to the City of Denton
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26.230, Special Requirements for Oa-Site Sewage Facilities. I
The City of Denioe,, Texas wishing to adopt more stringent rules for its On-Site Sewage Facility
Ordinance understands that the more stringent local rule shall take precedence o%er the
corresponding Texas Natural Resource Conservation Commission requirements. If more stringent
roles are adopted by the Texas Manual Conservation Commission then the stronger rule shall take
precedence over the local role.
I Surface Irrigation and Drip Irrigation Separation Requirements
TO ~
FROM Pretreatment Aerobic S
Tank or Holding Treatment Unit Area Area
Tank
Public Water 0 ft.
ISO
Wells
Watet Su ly l0 10 . I 10
Nn ate Water
50 167o t
50 ft.
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Wells
Private Waler 50 rL Soft
30
Well (Preasuro
Cemented or
Grouted to
100 R. or
Cameated or
OmAed to
Wa111"k if
Wstestable is
less Than 100
IL pook decq)
-911row-* so 75L
Emkok
Rl"M
New"
From Noruw
Pool
elevation)
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Brska (30'K ~
or Grosser)
Buildinjs, Etcapt; Farcapt;
Surfs" Surfiroe Surface
Larip[Pdi*k is Improvem~a ils 2$ tMpmInra als 2!
Desi
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PlaygTOUnSs► ~ .
Property Boundary Linea Boundary L ir~S '
1 Irrigation using 10 A.
B uundary timer at night 20
Lines
A. Easements 10 R.
Easements Imgation by flow
Swurvnmg I 30 A. Swimming Pools
Pools I Easements 10 A. I S R
I Swir:vrting Pools
f 2S fl
2, Snrfac'e Irrlgadoo Sewage FacBldes: The Mowing criteria shall apply to all surface irrigation
sewage facilities installed within thejurisdiction of the CityorDenlon.
(a) Types or wastewater treatment: Only aerobic treatment plants approved ror use by the
Texas Natural Resource Conservation Commission shall be accepted by the Cityof Denton
when surface irrigation systems are used.
Aerobic systems sha11 have a minimum of four inches of sand, sandy ksam, elay balm or
pea gravel fix of rock placed under and around all tanks. Tank excavations shat) use and,
sandy loam, or pea gravel five of rock as backBI1 material. Aerobic tanks shall be hsd&W t
in a manner that prevents collapse or rup" when subjected to soil and hydrodade
pressures.
(b) Wastewater dhlnfecdoas Methods of disinfec6oo shall hnchde ahlododo4
orooation or ultraviolet radiation at say other method approved by the Tem Nd"
Resource Coeservatioo CoctmisAian, AarobiealFy roosted elfiaast rhan bo diaiadssW prior
to surface appGcuion. The quality of treated emueot tha11 cot exceed the eRbnat beila Jo
Soctioo 26230.
(c) 3who ills dow wars: AooapeabM wstioo appliesdoo raw wi l be fit kmk
M P~ and otbar
app tood rNIMe id t w
dun or lioadw srpaal s row now 15 to dW as lormhcb avid;
~
properly tArrand to minimise named Iliad s ~ 1wpe v I S sari 3p psrt+tttt ad
be wed lohrillase Gated e:Alwot tta hW td OW rAM M deroooah to 6oud1fic"
of die permitbii; authority dial the watae~ed rod eoviroam4d are protedek laod mod for
g,owing food, Sordoni, orchwde at crops whM may be wed far human conotmpdoa shall
not be wad for surface irrigation Areas.
(d) Regv M Irrigadoa area: The minimum requited asrfa irrigation arc shad be r
determined by dividing the dASDy wadewmar wags rate by the dk w" a kwm ,
application rue adopted by the City of Denton soomd4 to the (Wowing for nWL-
RequhW irripdm arc (q• A) n Q / Ri
rust
Ri emuaaot Q' ds:ily tvaatewttlar tssgt s
apps Wft t* 0.0411 PPM per wgwre foot per day
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(e) Vniform application of tffluenh Surface irrigation systems must provide urdforrn
d~stnbution of treated effluent. At least two (2) irrigation areas are required to allow the
aitemaung application of treated effluent to prevent soil saturation and runoff The City of
Denton may adjust the effluent application rate in subparagraph (d) of this paragraph but the
application rate shall not be less than promulated in TNRCC Rules.
Distribution Une criteria: Piping form the pump tank to the sprinkler heads shall be a
unifoms diameter of Schedule 40 PVC of any other pipe approved by ThIkCC, Pipe
connections shall be effectively connected and sealed to prevent pressure loss.
(g) Sprinkler criter(at Sprinklers shall be impact or gear driven rotary design with a
maximum inlet pressure of 40 psi. Sprinklers shall keep the spray stream at a trajectory of
13 degrees (130') or less. Overlapping irrigation areas shall be counted once toward the total
required irrigation arts Ulwn sprinkler heads are placed on sloping terrain the upper heads
shall be provided with a check valve to prevent return siphonage into the pump tank.
0) Effluent storage requirements: Storage and pump tank requirements shall be in
accordance with Subsection S of this Section and Lay other more stringent rules adopted by
T'N'RCC, When commercial timers are used to irrigate at night the pump tank shall have a
liquid pumping capacity equal to one day (24 hrs.) of design stow measured from the pump
intake to the float activation switch in the on position.
3. OSSF Leaching Cbarnbers: Leechlag chamber excavation sift seduction shall be allowed at
the discretion of the permitting awbority on a ere by cast basin. A roquaest fora sire reduedoo of J
N excavatoa arxu simal be safbmitW io the permitting authority by either a mglilerW sanitarian or 1
a professional engineer, The Mued shall be in wri* and must be woompaoied with sufbc wt
data to meet the approval of the permitting authority. Appoval of a size rodtsctieo shall be in
writing and will be no greater dam allowed in the OUP Rulea adopted by the Texts Natural
Resource Conearvow Cammlarioa Aa Wer#1 iloo ON reduwdam 60 soot coaedtute ealapdeal
approval within the permittiag saamarih/s jtriedicdod
4. Pretrestaunt Tab or Clrfatertt Illift etrnaol Who M be required in ooojunodota with
sserobic tratmed units It ttooordaxI wife doer moat rum falls or Naodarud promulSdad by
eafmmt 1113b shall mast an etrucltral TNRCC. Prx tegdreanaete ptraaad to eta moat fated
OSSF rules adopted by ma Teas: Nd" Resource Ca ervatka Comdealae. IWoimum
pvtoebmt accordame with tank
c*pacity OSSRules ~ pmu blpW yT T NKCC Oudd pipes cvo* and d "I ~ m bed
that shall extend to at least 24 inchw ieto liquid depth of the tank Ai feat four incbee of and,
sandy loam, clay loam or pea gravel bee of rock shall be placed under all pretraab ne d tanks. Tank
excavations shall use sand, sandy loam or pea gravel free of rock as. ba"U uWaial. Prietratrnent
tank.: shall be installed in sucb a manner dui prevents coil" of rupture when subJected to soil
and hydrostatic pressures. A Her shall be instated over the clew out pod wben the pnoreeneat
✓ tank is installed in a depth greater than 12 imers. The riser shall extnd at Wo six imbes above
the ground surface erred be sealed lo tie took and capped Pratredrned tanks d" be fospacled sod
approved prior to covering doe tank rim toil
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5. Pump Took Criteriar An approved watertight tank usuts an appropriate pump shall be used
w hen eMucnt must be pumped to a disposal area. A riser shall be installed over the clean out Pon
located on the pump tank The nser shall extend at least six inches above the ground surface and be
sealed to the tank and capped. At least four inches of sand, sandy loam, clay loam, or pea gravel
free of rock shall be placed under all pump tanks. Tank excavations shall use sand, sandy loam or
pea gravel free of rock as backfill material Pump tanks shall be installed in such a manner that
prevents collapee or rupnue when subjected to soil and hydrostatic pressures. A check valve shall
be required when the disposal area is above the pump tank. The pump rank shall be provided with
an audio and visual high water alarm. The electrical alarm shall Nye a power circuit separate from
the pump. Batteries may be used for back-uls power supply only. AJI electrical compotxats shag be
approved by Underwriters Laboratories OIA The electrical convections bated inside the pump
tank shall be hard-wired. All pump unla shall road all applicable structural require a is pursuant
to the most resent OSSF rules adopted by the Texas Neutral Resource Conservation Commission.
Pump tanks shall be kVmted and approved prior to covering the tank with soil.
(a) Pump uak criteria for flews less Ilse Sop gallons per day: pump lank size
shall not be less than $00 galkxu capacity and shall be of sufficient size to provide a
resin a storage capacity of oat-half day (12 boun) of avenge flow above the alum.
oo level. A single pump skull be required.
(b) hoop lank criteria for !lows pater thu Epp ldlm per day: Pump tank
size shall om be less thin 750 galkxfla cspodly std shall provide a reserve storage
capacity of at least eight bourn of averky flow above the alarm-oo level. Dual
pumps shall be used la pump tutka wbat flows ate greeter do $00 gallloat per day.
The dual pmop systms ahail haw dae dm an"Wow dae wood pump an
kW and"bow a lock on lissd>t+t iJ dae alas ein It so that oam It is uteeiwded
h wig ad p off *ben the seoood pump drews the liqudd level bellow the dmf on
ll veL All radio mod vieoel shrms Ad bra a mwl aI"" exhale P
switchpea chap be selected so chat bolls petp Ad ow* r the ft pump an m
or crud mot pump ollod be reW by he ss oalkhm for peamplop wwW
6. Sbe !manse,
Pr
ROORM ohmiooai No 0aat or Adodered Sakahn aedW as she evdetto[t W% lV Taw
'00° of Denim 11 S'on Ps~+s !dial evaksetient mod eon ttttsnly~it widdo
jO'+Micn o City
Woordsms with she Oo-Silo Sewspa F Us cod elk aw l oo poy "a be In
promdpkd by y to Tease tdee N*tiral ilteenu'a0
C*akrvadw Camminioa, The pettatietieS &dter(ty say I top pooolake dell is eddiilioo b
a soil eosly,tu t=.:gaaiaw of the pami*S ssudsWq *Adu take Prat~dmoe ova deco ralt►ha of lop
artalys s or ldi penol+dw tats.
7, OnShe Sewgt Pufllty MUODOIll
Pr
OSSF of a Did "so abr R ~1 s tir"li b 1 Nole b064 adise0* wge to dp'y owty ~ ON
illioeEt of
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sewage system, suney plat and any other material required by the permitting authohi ' OSSF
unprocement or expansion areas shall be indicated on OSSF plans'designs
(a) Oo•Site Sewage 1 seWtles ser%lag eommerclal property: Professional Engineers shall
prepare on-site sewage facility plaraeesigns for all buildings located on commercial
property uOizod as a commercial establishment or a business when the anticipated
wastewater divharge Gorr such a facility is greater than $00 gallons per day,
8 Relnspectfon fees.
A fee for OSSF rehTections can be assessed by the permitting authority. The foe shall be equal to
one half of the initial pen-,t application fee and tUI be levied on the installer of record each time a
reinspection is required.'ne rt4upection fee shall be paid before a reinspection can be scheduled,
4, Cluster Systems
It shall be unlawful for a person to instill a cluster system within the jurisdiction of tna City of
Denton afler the effective day to this ordinance. A person may operate a cluster system drat was
4gWled and permitted by the City of Denton prior to the effective date of this ordinance provided
that the cluster system is not creating a public nulume. it shall be utlawfW foe a person to operate
a cluster "m that wa Installed aflee the effective date of this ordinance unless the person has
been issued in operating permit from the City of Denton, The City of Denton shat! require that
perpetual private miintenarm be guaraataed by such means as bonds or other menu approved by
the City of Denton. A person violsift tbls provision Is IWIty of a separate ofCenca for cub day
during whicb the violation Is committed of continued.
10. Mnltl unk Developmestts
Who development mquir i an o*ttite w4ge kcility to serve tsaore tbao a siogk building or more
I= ON comamclsill opal don on a sigh I* ttad and the cost of oomec* the w1itiu to at
j
ore sptalli"ve TW City of Deft mry oweldw ad approve or"
ttnw~ of bDweft eiftdera e w ryon is
I* bid aooordfae to 60 tlbilow aMss or tnoee thsr ors oomoweeW opendoo on s dngk
i
The ortsabiad wastewatm d6chmp:Mall am produce more than 1000 p1loos per day on a *Wgk
k,W trees.
The ood of oomedion Io the City of Dasion sewn system mtast be sipta8aotly Feuer that this
comCnrction of the oo-site facility. r
The applicant of the pfopaed on-the sewage facility must have a registered sanitarian prepare a f'-
design of the pmpaed OSSF wbeo the mWeipmed eombiaed wwwweler discharge Is under $00
gallons per day. A peofea tI&A eoglnesr aball propw plans to oonawaot on•sim sewage 6eili6es
when the andeipated weuewuee wW sLassda 90p0oes par day,
The :tang sod wA Wal 4v&* of tbs oarise 6ct'4ty shall mat as.I ehy standads. The Cityof
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Denton may require that pmate maintenance be guaranteed by such means as bonds or other menu
approved by the City of Denton.
11 Abandoned Septic Wk. Aerobic treatment tank. Holding took and Pump looks.
It shall be unlawful Dos property o%4Tw to properly abandon an OSSF by failing to take the
following actions
a) All tanks, borcholes, cesspools, seeUge pits, holding tanks, a-id pump Urdu shall have the
wastewater/ rtage removed by a licensed waste transporter, holding a valid registration with
TNRCC.
b) AJl tanks, boreholm «aspwis, seepage pits, holding tanks, and pump tank: shall be tilted with
c lean sand or other suitable 611 material and completely covered with soil
16331, penalties.
A person who violates any provision of this article shall, upon conviction, shalt be punished by a
fate not to exceed $2,000 pa day any section A this ordinance is violated. Each day a section of
this ordinance is violated shall constitute a separate o@bnsa
I'm City Attorney is authorized to commence an ac6m for appmpdate legal or equitahk rcGef is a
court of oompetenl jurmcdon, Such relief may include,
(1) An bjuocdm to prevent a violation of" u6ck.
(2) Reeovay for damn" rew dq bom a A0112doo of this article.
(3) Recovery for ape" incurred by the City is raporZq to a violation of
this ankle.
(4) A eahil 6ss al aP b Oea itioraaet Dollars net IJo Gretls (=1,000.00)>Pm
day br a vioiratioa o<t h ordain;
(5) Ww dumagn, oom mod a s to wMA tM Chy of Daoloo may be
ewtk&
SwnOw M if may w iorti wbsecdoq. P'rwVk aeoteme, phew or woad in this
ordia or applia6oo dsomf b nary pow at eito Abet is held hLnW by soy omm of
oompettot jurtadictilm such boWiag abed not aAtid the validity of the rangoinj portions of this
ordinmee, and City CmxO of the City of beolo4 Texas bereby declass it Mould live muctod
such swain portions despite my such invalidity.
SECTION IV That the repel of my oediamos or my portion thereof by the pnoding
soctiosso " 004 Act Of impair ere y ad don of right vested or aeawd of my FMON 4 wit or
Proeecu6oo had of 4 9 1 Rued In my nun betba wob IVW *d 664 004% bW *my
dons, at dght vented or aoaand, at p noaediW tall a
rmsad
35
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in filI force and efrw to all intents or purposes as if such ordinance or pan thereof so repealed shall
remain in force
5EM0,*j That this ordinance shall become efTective fourteen (14) days from the date
of this passage, and the City Sect:tatry is hereby directed to cause the caption of this ordinance to be
published mice in the Denton Record Chronicle, the official newspaper of the City of Denton,
Tetras, within ten (10) days of its pasuje.
PASSED A1r'D APPROVED this the day of , 1999.
JACK.WLLEK MA5'OR
ATTEST:
JENNIFER WA.LTERS, CRY SECRETARY
BY:
APPROVED AS TO LEGAL FORM.
HERBERT L, PROUTY, CRY ATTORNEY
BY:
01610"Ww" Most 3roe (wv. &Z"
l ,
II S 1j`1 r
36 t
I?shlhk m
CINRAAL COWAVSON Olr
CH GV$ D(CsAI'itk U AND S/
OF CTIY Of DENTON CODE OF ORDINANCES
Overvic.n Aumdmead to Cbapter u aid 31 of the Code of Ordt ue" addron
subsurface and mrfam oadtte kwye disposal and water wow
.
Chapter 26: Carmat ordhianee muddied Is 1995 addruaa disebnrje to saaitu y
Sewer
s Comatm 2 mcdona eap~in j so* tame od abdamad of oduvwa,
Amodod ordbasa provide pldrnes tlor proper btWWd•w of
WUM*tlve WOW nd tenor facade of protect heaflh gad "too
a Coataiaa 22 aced ,
lrnrsble to same" ordbute
• ltep0610 3ectjoo 24-153 of correct ordfnsna wbkb defines Scpdo
To k rod Septic System
e Repeals Soodoo 26-171 wbich o roily addressees moo tad
opesudoa of aepde r/do e
• Rqpa* $a" t 7 177 vbM wrady addne! w Abmmm t of
• Adopts Seta 5oatbos 2L11b tLn:a~l 2~ 1 w6ioft tutto etS~vely .
aft" 089 Inen and leooglor k TNRM MW
Met etpraset hap d stmwAW main '
• t)eotMla'M 17: bikes ptewirar Ar ANbrmr,t W"AW lam
• loot = 2&2M Addwoa spaoW rpir Sri Alt Q~Ns irNaN
M -
l1Yi~i~._W
3
At
1
38
Cayea 341 CW7*M EJAd OW.
Sq41N Oe'dluW fat rodlA«t k f!t! does rN
at~if area s•bftew laajeyt trealb Y
~ fws~lia frr tego6rd haPro+eneat ud
h subh to adsd•d erdb"
• Amy m& $soda 34.119 only
Mae WPNMW bgma G(Aow "OrWamo
• ~ beeeion efsloaYoelos ~+tie, irb Wk and ktlp9m
• ~ ~°0~ ~ twat rhdis god
• •od Wba bsipd m ear ~dy he bWatl'~d°a °~a~~„po
• Rsiwm
x bmwdm dOm Sw Swmp laftfd boped ma to city
o(Daiim
i
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0
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WWI fV
Underlined Sections of Current (1993) Osptr K
wbich Address Septic Systems and Absteoftl of Nnisaneb
The folloµing ue the only sections of the ordiautce which are related to on-site sewage
disposal.
1. Section 26.153, Page 9; Definition for Septic Tank and Septic Systems
2. Section 26.172, Page 19; Septic System
l
3. Section 26.177, Page 20; Abatement of Mdoutea
These sections are underlined in the attached pages.
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40
ORDINANCi NO. =L1tGr
AN ORDINANC$ ANE MX*3 AATICLI V ■NTITLRO 'DIROCT AND UMXRAC;
DISCUROI INTO BANITAXY WJTMTn SYITSW Of 0APTIM 26 OF t#
COD1 OF ORDIKANCYS 01 TtM CITY OF DWMN, TUM, XELATIM0 TO
1UTtGITIIS' BY RIPSALSNO SICTIONS 16.161 7KROU" 26•IOS
ADOPTING N1M SICTIONI 26.151 T3RO008 71.3091 PROVIDING FOR I
REGULATION AND CONTROL OF WA1 ATIR DISPOSAL FACILIlINS AM
PRACTICAS INCLRDDIO 1201XAL 0 PRATASA ".0 LATIONS AND
CATIOORICJ- FRI*AA 1AGVLA I0.Y11 FROV D i'~1 PD 011 AHD
SCOPR of m ORDIKANCii PROVIDIIIO DD-: l.110R1 PROV Wo PROCSDVRil
FOR WtrN0 VIOLACIONSI PROYIDDM A S FOR M1RMMINO Th CBAR•
Aur AND CONCpRy01`RATION O► A ~PROVmm FOR TA! APPROVAL
OF PLANT, ISSCANCS or tilt![TT~ O~Iyfl1'tC'I OW OF ►ACILI~I'tAND W•
CORD/ Of APPL16)YTI R1C13VING f CATIM41 RSQUIRM C'TION
TO SANITARY FACILITIIS? PROSIBITDiG tU DlIPOSAL OF CARTAIN MAATI-
MATIM INTO TIM POM DISTIMMS903 I1TNI0 SIMMICANT DMUSTRIAL
VIIRS AND OTntR usus um PROVtbnfO rRoca RIS FOR SIONI►ICANT IN-
DbSTAIAL OSIRS TO OBTAIN PIRNITSI PROV DnM FROCUUM FOR IGNITOR-
IWO CONPLIANCI MITS PERNITI AND AVOCATION AND SV/PINSION OF Plm-
NITS1 PROYMNO POX CIVIL AND CAEW1XA.L WORCDMMT1 PROVIDINQ A
81YELUiLITY CLAV611 PROVIDING 141% A KAZIM= FINUTY OF $28000.00
FOR VIOLATIONS TEMOFI AND €ROViJING FOR AN IFFICTIVE DAT=.
MHIRIAI, the present pretrestmat regulations pertaining to
the disposal of wastewater do not definitiraly describe the rs-
rlreaents sad pprocedurae significant industrial users obould
follow in obtaiois+g sad maintaining peraits for the disposing of
wastewater into the PM) and
WxMLRA1, the present regulations relating to the disposal of
wastewater do not adequately advise santtw sever customers of the
emerg9noy measures the Cittyr of Denton will take in teraiaatiag sar•
rice to may mtomar disehargiag pollutants isto the Cur's PM
(Publicly Owned TrestsNiat Marksl that scant as iaLmat endaaget•
meat to the health, safety and welfare of tbA rmMial aa1
NumaUs the City of Denton has held a vd4lo hearing to een-amudesia
MA Acus s~t ref twCodde of Ord? sees to ,llalf93s of tho and vtilitias
WmoAAi, the City Cou"Ll. of Uw City of Denton UvU the
proposed saeadmeots to Cbapter It of the Cods of Ordiaaaoss to bf
roasoaably related to the City's desire to ravine its etdinanees,
not is lull compliance with ftderal and state water pollution
Control sad class water aets,lo insure the kealth, safety and
general welfare of its eltiseas are protected to the greatest
extent possible? NOM, TISANYORS,
TnA COUNCIL OF THS CITY OF DURION nARi1Y ORDAaf11
41
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saaltary sewer deans a sewee intended to receive domestic
wastewater and admissible industrial/comarcial waste a ter, but to
which storm water, outface water and groundwaters are not inten•
tionally admitted.
~tlc
donafial" k2
ih• vutawater owtam ail _w a • cru •ne o
wastewatar.
fsDel s em o • w
service 2lae means that part of the herisaatal piping of the
building drainage system beginning at the outside foundation wall
and terminating at its connection with the wastewater system,
sewage s,esno water which contains, or which has been in con• j
tact with organic and inorganic contaainaats such as hum" or
animal wastes, vegetable scatter, cooking late and greases, laundry
and dishwashing detergents, mad other chemical compounds and waste
product.
Sewer mesas a pipe or conduit for carrying wastewater,
i
serer system means all facilities wbiob are owned by the oity
for collecting, carrying, treating and disposing of Msstowsters
shall means the obligatioa or necessity to resposdl mandatory
action.
flgalficamt rndustrsal Vier asmnst
as All costs subject to Categorical O"troAmeat Standards
under 40 CIA 441ai and 40 Cra Chapter Subohaptar 911
b. Any Vow: that i '
(1) Disoharges an avrrafo of 150400 galas or taro of
trewegslitpti~euspr34) bmrr puLod Ito Zia ftrilf dmriag a
(11 w a rbasoaable peteatial, La the opinion of the
executive direeter of public utilities, to (a)
adversely affect v M operatlow (iaotudiag but not
limited to interference, pass Nrough, sludge ses•
tamination " eadamgaraeat et PM workars), or (b) ,
violate any pretreatment standard or requirement, ,
significant noncompliance aoansi
(1) Chronic violations of wastewater discharge limits, do-
fined bars as tboss is which sinty•atnt percent or tare of
42
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is utilised as a dwelling or residential unit shall construct or
cause to be constructed a suitablei water closet upon such property
and shall conazot or cause the water closet to be connected with
the sanitary sewer in accordance with all ordinaacor of the city
regulating such construction and shall, within thirty (30) days
after written notice to do so from the executive director of util•
lties, abate and cases tc use any septio system, dry closet or
privy upon ouch pramisee.
(b) Any owner or occupant of every building where such build.
ing is within lbws hundred (700) feet of say city sanitary sewer
and is utilised as a Luciaass or ecesereial establishment disch
ing wastewater exceediag the limits established by We artloie
shall construct or cause to be constructed a suitable water closet
upon such property and shall connect or cause the water closet to
be connected with the sanitary aewar in accordance with all ordis•
anew of the city regulating such construction and shall$ within
thirty (30) days after written notice to do so !scot the executive
director of utilitlee, abate and comma to use any eeptis system,
dry closet or privy upon such premises.
(c) The owner or oooupent of any such property shall keep and
saintain such water closet and all connections in good condition
and free from say obstructions. (Code 1941, 1 21.130)
Sec. 21.172, septic systaas.
I &-t' c- A-gaAA-06 with the
rev s cots e a es
r
SM-MMU
on or en o s s ra Me was 66"t" UMM4
b e J
-OX
(at All
$41 We low H= ~M 5
it shall be unlawful fer uq periw to baaild, use or maxtaia
&by psiry er olosat on Syr lot sae law withia the cat rate
1La1 ea et the city, exept tes 1e ssaltas~► privies utilised
toworavily. (Cede 1944, 1 210 12)
Sec. 24.174, Coartruotiea of sasitary sanrs and connections. ,
The construction of sanitary sewers and oonneeticas tberete ~
shall be as provided in the ordinaaaof of the cltY. (Code 19418 1 {r
2f-163)
)43
Sec. 16.175, owner responsible for maintenance of sanitary
sower service lines.
The city shall not be responsible for the maintenance of any
building drains or service lines, and such maintenance shall be the
responsibility and duty o9 the owner of the promises serviced by
any such service line. (Code 1966, 1 95.154)
Geo. 26.176. Compliance wkth building regulations required.
Sanitary sewer service shall not be furnished to any premises
where the plumbing thereof has not been installed in accordance
with the building regulations or any other provisions as provided
in the ordinances o9 the City, (Code 19660 S 25.155)
Sao. 26.177. Abatessont'of Muijanced-
affla out ve director of til, i sue a t o!
Secs. 26.171 to 16.115. Reserved.
MUM 2, US OF 1V162C SSW%RS
See. 26.116. Discharge prohibitions.
(A) it shall be unlawful for any person to discharge or Cause 1
to be disehargod into the POW or into a natural outlet materials,
waters or wastewater, i! such substances SOY caws pass through or
interierenoe or have an adverse effect on the environment or may
otherwise endanger life, health or property or constitute a public
sultanas, iaoludiag oxygen•denaaMM pollutants laws etc,) in
determining the soceptsbility of mubstamoaa for dlsehar*e Late the
wastewater system, the o s"tiw director of "tilitiet abed giw
oomelderatioa to such factors as the quantities of subject substas-
cos in relation to flows sad wlocitloo in the wastowater system,
aatarials of which the wastewater Systems Ld eeamtrasted, mature of
the wastewater treatWA% proeus, •mepaeilq/ et the wan tMt-
sent plant, dogroo of trestabilLty M %M mslbm tom LalI wte•
este,~.r•_treatmsat plant mad sans etlmer &*to wbie6 M peoUsest
to ` l~ evaluatiea,
(b) No person Abell discharge Late public seweram
(1) Any liquids, solids or gasses Laciwdimg but mot
limited to gasoline, keroseao, naphthas bemese,
toluene, xylem*, ethers, alCeheiss ketones, aldekydaa,
pperozi4at, chlorates, perchlorates, Ietv"t"s car• ,
bides, hydridess sulfides or any other tubetanees '
Which are a lire or other besard to the systems which by by reason of their nature es "tity are or may be
sufficient either alone or by interaction with other
svbstaaoss tc cawe fires, emplosloam or be lajuriow
in Any other way to the facilities or eperatiea of the
44
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C
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Wa of li lL. That If any section, aub$GCtion, paragraph, sen-
tence, Clause, phrase or word in this ordinance, or applies `•ion
thereof to any person of circumstance is hold invalid by any ,ourt
of competent jurisdiction, such holdup shall net afNc! the a
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
emoted such remaining portions despite any such inVAILdity,
AM101AM That any person who shall violate any provision
of this ordinance or tails to comply therewith or with any re-
qulroments thereof, or a permit or cortificats Issued thereunder,
shall be guilty of a misdemeanor punishable by a titre not exceedinq
Two Thousand Dollars (031000,00) 1 Bach such person shall be deemed
guilty of a separate a tons* for each and awry day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon Conviction of any such violations such per-
son shall be punished within the Baits abovs,
a=c's aM IN, That this ordinance shall become effective four-
teen (11) days from the date of its passage, and the City iocre"
is hereby directed to Cause the Cton at this oedlnanee to be
published twice in the Denton Record-Oren iola# the official nevs-
aaperoefl the City of Denton, Tomas, within ten (10) days of the
tt passage,
PASSED AND APPROVU this the Z&day of
. CJIITLOlIlRY~ NA
J1WtM VALTM# CM SUMART
~t►
iftvevimoML TOR011 .
M IIY 1 .%Ll~t/~~ ~a air C ~ .
45
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Ecblbit V
Proposed Ameodmeot of Cbepter !6 of The City of Denton
Code of Ordinances
Tsble of Cooteou
I
I
Secean MufA 1'J lNum
26.210 Purpose 2
26.211 Authority to Adopt on-site mwya facility rules 2
26.212 Adoptioa of on-site sewr;e facility faits 2
26.213 Am of fwWkdoa 3
26.214 Definidoas . 3
26-215 Powers And Dudes 9
26.216 EsublishiaE Fee RAW and CoUocdq of Fees 10
26.217 Procedures for AbAtemeot of VioWim 10
26.21E Appeals 11
26.219 Connection to Smlury Sewer System 12
26.220 RiEht to Inspect 12
26.221 LAwNt Sewage Dischstu 12
26.222 Abatemeol of NuWam 13
26.223 00-Site Sews" Facility Coastruedon mad 13
Opmdg Permit Regalnmrioie
26.224 patnit to Ccmwd a 004i* See W Facility 14
26.225 Patait to 0pertsk b 0041116 Sewnp FAetdty IS
26-217 Surface tm Iffivom waded oaA 17
26.22E Surface Iffipdoa Feoitity Aalyste And Reportiq I E
Requirsm"
26.229 Ms3nt mm RpuiramaW be Aar" I E
Tm bug Had
26.230 SpeeW Regwnm m far Ob." Sewep
FeeW" t!
26.231 haloes 24
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,.r.L.rry "f
r
-VISION
r
t -
IdIbit VI
Prepoted Ameadmeat of Cbepter 34 of
The City of Diatom Cede of Ordlnsatca
Table of Cootetits
i
Iitle PASM HUM st
3i•I l9 Alttrudw Water and Sewer Facilitlea
(A) ALTERNATIVE WATER SUPPLY 1
UolawN Acdom l
aeaed Woll Cdterla Z
Loadoa of Moai OK4, Dormtko 2
bidustdal, and IMiladon Wells
(4) Water Well Permits App"on
(S) luwooo of Wow Wolf Permit
(6) A vocWoe of Wow Well Perndl 4
(B) ALTERNATMSEWAGE 4
FACMITMS
(1) FOeoaral Criteria for oo•Site Sewall 4
(2) 00-Sits
[Add tSewye Fuwty Pemain 4
(4) Acaptaooe of Biledy or AmrxW S
WWr of lover Eyelemr
(S) Corteeetio~ b seariaer server system 6
RrAm
snb~vleioo or 6 j
Dovallopmost Phu
i
v~ /
l I
1
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EdIbit VU 1
Voderliotd Secdoos of Curreol Secdoo 34119
Which Address Alleroedve Water and Sewer FscUtdes
i
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:F~ a G
rn.a.rr.ywW r1 w1M ~ 1r~ .
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Chrpter 34
SL'BDIVISION LYD LAND DEVELOPAIENTO
At t, 1. fn General. 1134.1-34-33
Art. II. Subdlvtalon noNsilois4, 1134-34-34 so
Dv I Generally, 11 34.31-34-50
Div 2 Procedures for Submission and Approval of Plats and Plant, it
14SI-34 l0
Art. M. Laid Development Peac4duns and Permit ItegWei(ons, #134,61-34-117
Div. I Centrally, 11 J111-3190
Div 2 Procedures and Approved Pfomsu Polides, 11 14 91-34-110
Div 3 fteQuired Improvements and Oanstal Design Standards. If
11.111-2:-121
ARTICLE 1. IN CENTRAL
Sec. 311. Short 11114.
This chapter shall be known and may boa dtod its the Denton Development Cade and it
shall beeom4 a put of the Code of Orddnanm of the city,
10rd, No. 11470, liApp. A. Art. I, ch. 11), 1-343)
toe. 31.1. Polity,
ru Lend to be subdivided abed be 4/ web 46uaeter that 11 am be and safiiy for bundled
purpou4 tvd"t danpr to Wife er prtl No an, Reed at osber saeu m. Lars alala oil W
subdivided m4isr developed amid adquata hdUUM and Impro.o.M~ w IMOV
bl tilettn< and psrspamed lmd do Isiod at Imp"onwala d" aooferams Mad be
primpsirly
m1low to tM perpeuls, "111dea a►Na Ilk time am"? "sow seasla plat W tla NOW
Impmemm l bndwt usd pew of late dye, U Ia W*WW /lU Ilia slapl4r "gowesut and
hd
MIK lllate ttw ooh m -eI of tau phOaWw "d tlniri uaWeil N lafYy std Wed"
seatep aldlealeaa, saw sowpte.a Mail NOW I -am mad hail W mums
M UN misseldfollity.
(Orel. Me. OX I A* A, ArL R A L ArL 1.14144M
•Cbst"m refereaoo-Fta** era 4oalty, } IO.Ot et NO,
Cron ref4Waen-11&A$W# , Ch It Wpudn and aMbraw snrrray ow
orally, ! a! fit K x41.1 bull dtop edalea'efniwlle~y npdsium4 O"Was y, CL 1111 SSW
mail praeeetiw ~~anreeelly, C7< d0•, Imadeeaplsy, sesrleala~ ased trn~ C~ lP"Vwjn
11
bolna, moult Ms i pule .Mad towto ieod nhWu fomtally, TA. now ally, Cb. ,
49
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SL 9D1♦'1SION A,ND LAND DEVELOPMENT } 34.Ii9
smaller pro rata charge as a condition to the oonnodion to, use of or
a IA station or force main which is subject to a pro rata reimburses
In such cases the executive director of utilities shall five written .
persun required to make such pro rata payment of the basis for the act,
charge, and such person may, within thirty (30) days thereafter, appeal .
mrnotion to the public utilities board, The board shall, within a reason►
thereafter, make a determination of the actual pro rata char`s to be assessed and
paid.
'Ord No 6? 50,1 I(App. A, Art. 111, cb. N, art. 4.09), 7.6.63; Ord. No. 6140, f I, 2.19.65; Ord.
No. 65.166, 1111, 9.17.65, Ord. No. 66-116, of 1-111, 66.66) 6t~_
Crass refersece-Utilitlu paerauy, C6-, 26.
Sec. 56119, Altamadve water and "war laelUdeis.
All deveioagegts thin this ctign 4f thl city shau be mulred to have approved
water e~eoly and asn 111111111 ewer k heili lu wnd eAall 6-a raaulnd to maned to the eity
facilities unless altotghtiva ueanreman have bean approved by the city aemrdinar to the
following standards and vooedura;
ilo Water uv14 rindiilduall. Developments may be approved with alternative water is.
ylitieasccording to the following crite",
s. Water well operation and Quallty meet the minlmurn requirements of the state
department of health and city bealth oedinalw a i
b Ws r we .s. of , ' t a eom sale of the vex r
e..~~ tie oa19 tAa _ atwo ea4aeda ~twapital cos of
d. An &MUant for appeovW of as ladividual wdw till! eball aubmYt the following
evldenes to the eaeauil" difrCter of utMUm
I. Wier tsslil tear
7 u KSUDS M" M Moro than OM W!MAW wfll ttse the well
atdla Ow tees) ides wW apt be Led In my aaastoW ad* gad
1 *UAW"
!
(2) sgwe sink Dosch M6" sty be MWgvW v% Aimed e Mwar lMdu" ar
OwAli 16 M tlw ha We eritwtler
a. A septic tank may be insta W to Mrve an lodlv4dual residence, eommerdal or
6sdusiew fecluty It
1. IU p ossiaa apse WWA ails( atrteetttre to UMW Is rases this two bran"
(200) reef ft e my MY "guy males; 1
9. The eaautlw diredar of YUUUa outiAM to wrung Ibat the tepwgby of ,
ssech prrmiw Makes normal oanaeotioo with stA adsalap unitary male I
Improcilal at impaalbte; gad
r 50
,
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1 X4119 DENTON CODE
3, The operation of a septic tank Is feasible on the premises and will meet the
standards and rpulremsnU of this chapter,
All oU,er installations of septic tanks shall be unlawfui within the city or the
4rlraterntorial jurisdiction,
b Septic tanks shalt be Installed In aaordsrm with the standards established by
the state department of health.
e. An applicant for approval of in Individual sepllc tank shall submit the following
evidence to the executive director of utilities:
1. Map and staUment of jusuflation;
2. Affidavits aat no more than once (11 nsldenee, commercial or Industrial ;
facility shall be utilising such septic UNc;
3. A plan of the septic tank system prepared by a root4red ptofssaionaj engi.
near of registered profeutonal urJurian; and
4, Affidavit of the MUIU of the percolation 4*u.
VNn review of this evidence, the esseutive dirteUr of utilitled ma_v Uae a wotic
_wk oermit.
31 Orhrr iadwiduol aepric witmr. Other tndlvidual septlt rystems may be oonsidersd if
utisfactory evidonm U submitted mrtiiyIng that the eptam maeU all requirements
and standards of the state departaunt of health.
141 P4wrs"sytreaw. In was wbwe development requlrto watef aadlor newer ser• !
vide for more than a airsgle Naty sad the and d estarsding assd t*.S Oslo the dty
eystam is prohlbitiw, prtat* owned w" and1w aeswr bdlttloo mpg becouldared
and approved by Ow db aautding to do fonaming pascal ariteela
a. Tbo coot le Us onto da dty rid" wa m be dp Ideaft* Peuar than the
proPood aUo "aft
b. 'lbe appttnnnt d"peepea m anew"" spot" psvrtdoo aasiMw erldinm Gem
ass( nn~l Nd on "M gem acct ail eSy, daU sad
(Wald ham wA,wd7w we M
♦ mmm p Wm =005 taw 41f "war&
W (•apatssal ptrlvrM r.obossroo is /tam "ad br""-' of a Lsaoaewarr's
aeoa4adios, bi+airie triria e~leratt; Ir doe dlr sAbrnq.
e. Opontow of tb adrra sum 1w eoeUAod ~ otysM dapor~oN of beedlL
f. 7% city "haw tits rw m loq" the gdaeo pododiaolbr to detetW. U
such eysum U being eparated sM maiatalnod amordIng w foduatry damtu, 4.
The review and apprewJ p►4owureo for VA pdVam W" WA* am ayatem
shill proeood ooowrseatly wltk Iho tawmd plaotLsg stssd ws,2laosairtg t'dan ip•
proved process u eutlinod to thin scuds, taapt he imtkatbu trader tbeoe '
dtemsttja Water watt Mover Malts" peepeaals, whM A" &II nqulra rtn4ew
and reoomm Mitts a hom the pubUt utiUtiw bard aM Eaal weeumam bom I r
the city eoundl. j
51 ~
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SUBDIVISION AND tAND DEVELOPMENT 134-120
h, The city may accept existing or annexed private water or sower systems for
operation and muntenanoe whin the city's water Ind sewer Until art connect
to ouch system, provided the system has been dWrr,ed, corutructed and operated
in accordance with accepted,Industr and city standards. Such private system
shall be dedicated to the city at no cost.
i Prier to such aces lance b the oil , such water and sewer Ln" and facilities
Shall be inspectod and ovarw u to standards, adequacy, condition, ek. f
t *star and %war lines and facilities an not accordina k city standards aPo
lintsl•foot pro rate chaise shall be asxuod to the users of such system for
installation of thew new feclLties or will be on a per•Uneal foot, scluakat basis
I for uparadina or rspairina the oxlaung facilities to meet city Standards.
181 CO-LUMOM to Sdnildry puler nlonafana AVUlrrd &Pon notice. Whonovtr the city
I sanitary sewer system is exttnded to wlth[e two hundred (2001 feet of any lot or e""'1
of land within tht odrsorats Umits of the eity where a septic'tank, drycloset or privy
vault uc1sU, the owner or Qoeupant of etch premlaa shall abate such aoptle Wik drv
I closet or privy and shall construct a aultable water clestt u n ouch Promises and
connect the water closet with t e city tarn "wet main wi In tbirtv (301 va
after written notice k do so from he dt health officer West he cart show b eount
health certificate that his current system Is functioning in a sous and We mismor.
He shall further be requL»d to have lW4 facWtia rscertMod every two (7) years.
(Ord. No, $3,70,1 RAPP. A. Art 111, ch. N, art. 4.10), 7.&U)
Cross reforence-UtiNito {eneraity, Ch. 711.
Sec, 34.140. Ululty saumeat ngtrirameala.
All utilities In a devolopmeol shall be pnvl&d in street r;htsof•way except for spaeW i
circumstanea approved by the developmont review committee. Is such eases, the followiag
standards shall proxy":
I III All utill(y ommointo shall be sixteen 110) goo! ttnlw ape" drmmotaaea wumt
additional at reduced awmeets whkb can be approved by the devdopmeat wA"
ammltta. I
171 bat Uri" twill rest 1pW MaeientL
I 13) Doadred amossmo s an nil ataeeplabla unkm approved for ape" drowWmaom by
the dsvdvommi relkw aemceltlm,
(41 Empkyea of the v0d a dspartsaant shell bow the authority Is eater pro elm at
I any reescrAble lima in the rsgutar Uns e(duty for tbo purpose of lrmpocilb& repairing
or coatruc41n0 any water, eiestrk or a~ lips at arty water ar elydrk meter, ate.
r This authority applies whether or not the city ehosses to mqulre a dedlalad "w
1 merit. The Iand devologor and occupant sire reaporwible rot xny oonstmWWO oonuviag
+ over or within eight dl feet eitber side of any oe-dlo utility. If uUty lapsctlon or r r ,
resit or rsconstrucf.lon U mososay, any structure or improwmeat damaged within { r
I eight (d) feet either We o<a noedodkoted uUUty, who" In a "atadsmastal or
52
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Ezblblt VIII
VadeMoed Seedou of Proposed Ameedmettt of Socdom 34119
%'bkb Address Alternative Water aid Sewer pscWtles
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Proposed Amendmeau to City of Dentom Code of Ordinaoces
Chapter 34, Division 3
ORDNANCE N0.
AN ORDINANCE AMENDING ARTICLE ID, DIVISION 3 ENTTTLED LAND
DEVELOPMENT PROCEDURES AND PMAIvl3T REGULMONS, OF CHAPTER 34 OF THE
CODE OF ORDINANCES OF THE CITY OF DEMON, TEXAS, RELATING TO REQUIRED
QvSl>ROVEMENTS AND GENERAL DESIGN STANDARDS, BY AMENDING SECTION 34-
119 PROVIDING F61k THE R9GULATION AND CONTROL OF ALTERNATIVE WATWk
AND SEWER FACILITIES; PROVIDUd A PENALTY NOT TO EXCEED :2,1106 FOR
VIOLATION AND PRbVIDWO AN EFFECTIVE DA'I`S.
I
WHEREAS, the City Council finds the development of tog in its Jurisdiction, wUe beneficial for k
the eitizms of Denton asd the entire cotd,ty, mtyt proceed r ordaiy, plsnued development to t
sssare to the ptafest extent possible the avcldsmce ofbeehh sod eovUoomeeW hszuds; red
WHEREAS, the City Council deems it oecessuy to approve amendments to Cbaptet 34, Article HL
Division 3, Section 34.119 of the Code of Ordimaoced to provide for the health sad safety of the
public, urd to protect its citizens by ProA&S foe proper alicirud s water sad sewer fseiudes;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
opmsot Pzaosdtre+s' 'Sabd VwM
SECTION L Tdst Ardiele A Div Ssian qmd ---w n6saw b4
and Land Development" of the Code *(Or d6nroo libu'sby t&w&II by KWoa 34.119 whlcb
tthai) red a follows:
34119. AtteraWw Water wd lesser ltaerda
aaA
own
w-w go b,
WAM
own 1111111
(s) It shall be urJtw&i rot s person, firm, or eotport6on to drill s wsterwell tgply q watt for
5A
.
buman consumption or irrigation without acquiriaS a City of Denton Wider Well Permit
turd to drill a waterwell without utiliriog or beam a licer►sed driller. A licensed driller is
a pcrsoa who bolds a license boat the Texas Dq4 tateot of Licensing and Regulation under
applicable provision of the WatemeU Drillers Act, Chapter 32 of the Water Coda
(b) It shall be unlawful (cr a person, firm, or corporatioa to drill a wwcmeU within the
corporate limits or extraterritorial jurisdiction of the City of Denton that provides more than
6Am (15) smice corrections and ubUua the water for commetrW sales or service to
mom than twenty-five (23) irAvlduals of the of tive date of this ordiaanee.
(c) Water systears developed prior to the effective date of thls mdinanee sW remain In AW
compliance with Chapter 30 Taal A&dnbttaaw Code (TACT Chapin 28 and 32 of the
Texas Wmar Code and ell other 4pp"k load, state, and federal lam
(d) It shall be unlawki rot a person to WW or opaue a well, wWch receives dischuge of
waste u defined In the Federal Resource Conservation and Recovery Act (RCRA) or the
Toxic SuWwAa Control Act (MCA) or in v(o Woo of say other opp"k local, state, or
federal larva in the corporate unn u of extatertiww jurisdiction of the city of Denton, j
(2) Omeil Wet rit
(a) Wata WeU: Means a hold or dmA dull 6rto dw Berth in order b obtain water am a C
subtarsoem supply Including any rd&W exavation coostnscted he the purpm of `
explorias for or producing smuod war but achA4 than typa of walk ezchtdd Under
the definition of'wmar well' In section 32.001(15) of be Taw Wdw Cods
(b) A Waksed water wall &Mw"ioalsll all wdw walls wi&k der ewpofate Rides god
ezWwdkxW jwWkdca 0( 61 Chy o(Dea is
(c) AN war mdo k the oorpmso f mIN and atsalarr%wigl jceted W= of du Chy of Denton
ahau be 6tetaUed b oompliggaee wins an We ad t Vw Ponsi - by d mw of
Texas iaohadlag Ovim 2tii gad 32 of ft Tana Wdw CFdg ad C7ssplge 30 of TAQ
.fit
(a) A wail *A not be bail In a Soadwsy of s
Sadoa 30.3 of the City Cods woapt a ptovidd b *k AA wnlat wd mqbo 6idW h a
I04yar good plgin; provided dmi 60 well wham aomplAW d*A be beat W vide a
watartigld o !Wy wwil seal and stns ogahsS adeodtats a ttaiidmtm of 24 6da4 d*" the
known NW plain level.
(b) A well shall be fixated a miaimem of $0 tleo nom gray watertight sewW or Odd waste
ooUecdoo kility, except In the age of moniaoriog w*Ik wbkh nay be WNW wbm
oeeasity dkutaa
50
t
(c) A sell shall be located a minimum distance of ISO feet from any ooncentrued source of
conwainaaon, except monitoring wells as that term is defined in Secdon 32.001 (11) of the
Water Code which may be located in accordance with other applicable provisiorLs of the
law,
(d) Water Well Permits AM1i"fion'
(a) The property owner shall submit a wata well application to the City of Denton Utility
Deputment signed before a notary public or other person vAborized to take oaths, The
Assistant City Mangler of Utilities shall provide the water weU application form The water
aveU application shad include the following matarW and any other relevant Information
required by the City of Denton Utility Department:
(i) The applicants name and business address;
(ii) The applicants pamaaeat mailing address;
(iii)A,cost estimate of the water well jag"
on
(iv)certification that the ooat to oonwd to the City of ton ex the
iul o
(v) A survey plat of tba parcel of land
(vi) A site play whited ahstl itadkw (lie iocnion of the proposed water well, oa-site sewage
9cility or any polaadd e a l-os of ooota madon.
(b) At the time of sppkL-S err each appliaat d*3 pay to do eity a tax4duodable appk4doo
tee of r donars.
(f) treiunee a f wifet wan toulk
. ~ 1ti ,
water mall permit dM b1 tteeoN oreotir psq&Ay wMe tr mall is bested. '1be
water weft permit can be trans w to a nary owner upon sad of tbs property with the approvd of
the Asaidew City M=W of U04m it do ambloos reader wbM the permit was wigiaany
bated have not cheap d. A parm betted a wake wd permit daall operas dw water %to in
Wordar" with the fokwiq jwww permit coodttioor.
(a) The permittee :half not crate snore than dAm (1111) sarv(os connections to the water well
and shall not save more than twenty-five (IS) individuals.
56
(b) nIe oerrnrttee shall not sea=the water Vole4diMen the wag p u ,
(c) Me eerminoe shall hove a w gg W.hev tat mformtd it tim FrmW& ocean, W~•, ~
(d) ne %ell driller shall submit a copy of the Water WcU Report W the City of Denton, upoo
completion of Lhe Waler well.
(6) Revocation of wale well AsmL 1,bo Aw4taaf City Momga of MUdeA stay, aAer notice W
baring, revoke or swpeW a watawekl permit Air a vioktioo of any of the provtoio of this
section of the City Code. Before (evoking or wepaod ng A permit; the pwmittae sW be given
notice in *Ti* of the Alleged vkolAdom no modee sW be made by registered mad to the lit
known busiaas or permanent m&l* Addrae of dk pamittee and dull be given a fast 10
days before the date set for the bearing. The pamincie may prowl relevant oral or written
tMeoce at the bearing.
(B) ALTERNATIVE SEWAGE FACE ITIES
rjenml CrileijL for On-
(i)
(a) On-Site SmW FacMdes: Mew tr+estsoed &vim ad Aewege dlrpoW beffitiee that do l
not trot of dispose of mat than, 3,000 p0ooe of wife eaeh day sod we used only fa
disposal of mwsp produced oo the bpl trxt wbae the q*w k loested
(b) Oct-she wo hcMda dab be pr WOK ieeldked red operAtied b +ooordom with the
Aty of Dedor Code of Ordbmw Kyly Code, At" V, gtrp6ir 26 and Ap odw
Applitebke b* dds, ad hdad aePbtiam TU ANWO Qq Ww" of UUdee may
wpoo"s wow ent eM ! pavm b the ahdr rot gr&w below.
(2)
(6) Tw peopeety oamr Ad md" r rm"w "NOW" abler ON are g~
~ art+oMe eetr~ag♦t ~rir~ ~ a FE
to the qty of Ddo& ~llowiq X0
n A nob&W Qty of I M11 don, brra ootAtAidrg dsA Appk~ . btrioen
Addrwr, assd perroAOAOt redldeg Address
Q A pWdWp Ax An 0&464 eewge hAty d" be prepm a d& by a Profeeeiond
Fag;oeer or a Rag(e*W Sdtwkarti
5?
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(QAMdavit of the results of a site evaluation prepared by a professional engineer or
registered sanitsdan that is certified u a site evaluator by the Texas Natural Resource
Conservation Cominissioa.
(N)Certification that no more thaw one residence, commercial or industrial facility will be
connected to the on-site sewage facility,
(v) A survey plat of the property what the on-site sewage facility is to be bated
(vi) Compliance with the requirements of applicable sections of Chapter 26 of the City
code.
(b) Upon ew oil-site sews" t1,eiG licatim the Asdstant i Man a f
a t
on-site I= acililyl Ova the oa of the on4fts sewyt Scibty approved
Assistant City MsnW of Owes may imte a permit to operate the on-she sewage facility.
All on-site sewage tbcility permits than be dared fad aocordaaee with Chapter 2fpof the
City Code. Pc.
(3) Lud_Uz On-site sewage facilida utitized to developmmb located an platted or tmpluted
legal tracts mutt be toatalled in soomi nos with the ibnowb$ requiremee:
(a) On-site sewap faeilldea shat not be boded in a f6*11sia or Soodw►y u difted in
Chapter 30, Section 30.3 of the City of Denton Flood Proteetion and Ptevmdon Code.
(b) iomllddons shall w" dqb rWdandd dtruatares only and dsall bt bdalled in
aooordum with be bIlonriq led use aiuria:
(7
Patted err udiplattad trade *(low still ooNWa atiitant who after of
1.0 we r Wkwott b that abIA b daaai, fid-6 bodpw Wft a d*A.
of way a tttpota wYef< a pond er bb its
Plow or WOMttad No of land abaJi amok a soioimum audios area of 1.3 acres
in addldm b bat b dodW as Soodplahk within a dIM4t way, or upon
witM a pond or lab it Isawdd
r
- r.• a
(a) The City may ax* eximing or masted water at Ower tZstetnd for opasdon sod
58
maintmance when the Cit_✓s water and sewer lines art mnnPcted m awA rvgsuagpro+ided
thevtem bu been densmed enanstruereA ant 4aeratd M ~^^{•^^e with arrres(ed
bdus" and City suadards and Uc, with all U abk
~Spch water sewer systems to t no
(b) Pnor to such WC tamp by the City of Dento(. rxh water and sewer lives and (chilies
a
Imes and facilities arc oot according to City of Dectoo staadwde sal eooUeabk laws
users of such ems wiU be waned a Mrwu c bated Wan asst •l mu.foot for
the UD int rMAUM!_ Of w0gift O frrMMV %r
U.)
Meyer 1w city tannery sewer~avdgm It a....t~ „ within 200 feet ie her;:nn+.)
dislaoce frousa d on the docent MWg§ jlOClel llUWI of . MWjAg w rS _
the owner of the or [eeideopal- - A&, ceeee b late the OtMtite twww bcil;ro ,n,t
-arhd as*
LIK writteO notice to do to Dom tha .riw..d rr.,, u s••±- , ,
Gcilisy is htnaioniaa is a M d tmd safe manner. The owner shall be rmrCfert a bare the
on site sewage facility tecereded by the Cttr o eyes two (2) yin,
No pwwa may is" or coo*w as oa-eite w%IW &aty whm my Pat of the handier`
or n6dendal unit is b be widdM 200 hot to bortraetal dittaoee (meuurW era dae elosw
prMbuble amen route) a= to Oda* Qty of Denbo mmtwy MW eyd M ttalue one
of the Ib8ow&y hu ban
L mto hn reosiv a wdit dmW of mitwysmwwvW &M do City of
2. The Meietrttt Qty Wmeret of l>Idlidee OWWW im wddy f* tb bpop*y of
web pneotees toeioee
commodes tY advang !many mw wvioe
K)
(a) Any pane PoP le Ma+M! at'14 ih had 6r toddarW md- tsfod,
aaon>lawteW -ldmh twttidmdal 6ewiopimettb, btasieen perks
or other !bailer um tht ttti> M 0000 9ewttp FuMdee ht twwW dirgowl "
S WW oe bP" P10 b tY t~ty of DAWN br WO. and
deveiopmed ttrd wbd YWOO tyoiatdave oootaioW is
d" dvar.
(b) The On-Site Sewye Facility iorpece mw shall lechrde the following iaformatian
59
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(i) A site plan of development drawn to scale Indicating the 1006on of water well,
lakes, ponds, streams, and public aeeeas areas.
(ii) A topographic map and I00•yeu floodplain map.
(iii)A report indicating soil conditions, type of OSSF proposed for use and the manner
of addressing OSSF replacement arew.
(iv)the impact plan shall Indicate the compaebiNty of the OSSF with a u-vAsde
drainage and groundwater.
(c) The City of Denton will provide a written response to the admitted On-Site Sewage
Fwibty Impact Plea within /S days of tempt.
SECTION M That any person violat,iag any provisions of this ordinance shall upon
oonviction, be 9aed a sum not exceeding 52,000. Bub day that a provision of this ordinance Is
violated dull coasdtute a separate and distinct ofrau .
SFCnQN That if any tendon, nrbsecdoo, pansgrapN uatenca, tWA phrase, or wont
in this ordinance, or appGcadon thereolto any person or circumstawn u held invalid by any court
of competent jurisdiction, such bolding dull cot affect the validity of the remaining portions of this
ordinance, and the City Council of dw City of Denim Texas bwAy declares it would have eaaebd
such remaining portions despite soy ruch Invalidity.
SEMON IV. Tbsd this ordinance shall beooaw etTecdva fourteen (14) days tom the date
of its pusage and the City Sews Wry b hereby II F' d b caw the eWdm of thin ordiomes to be
pubUAW Nuke is do Delon RawdCbrakk a ddly news{+" pubUW in the City of I
DwIm Texas whhln tao (10) days of rho dw of ice puuIL
PASSED AND APPROVED THA DAY OF 1999.
JACK MILLER, MAYOR
P
ATTEST,
lEN aU WALTERS, CITY Sib MARY
yc~ r
8Y. c
(/o'
APP OVID AS TO LMAVPOM:
F{ W ERT L PROUTY, ArrORMY
60
K
Clq, of Denton
Environmental Services Division
City Council Work Session
Ordinance Regulating On-Site Sewage Facilities (OSSFs)
Proposed Amendment of Chapter 34
Roision of section in Land Development Procedures and Permit Regulations to
Regulate and Control Alternative Water and Sewer Facilities,
status of Chapter 34
> Re%iewed by Planning and Engineering Departments.
> Currently in Legal Department for assessment of potential to enact
> Section related to water wells was omitted.
Proposed Amendment of Chapter 26
Adopting new sections into ordinance which addresses "Direct and indirect
Discharge into Sanitary Wastewater System" to regulate and control On-Site
Sewage Disposal Facilities.
Status of Chapter 26
1, The City of Denton is an Authorized Agent of the TNRCC and is charged with
enforcement of OSSF standards.
2. Following a corrp:iance review by TNRCC of the City of Denton On-Site
Sewage Facility Program in January, 1999. The City of Denton was required to
develop an OSSF Ordinance approved by TNRCC.
3, Format must follow TNRCC Model rules.
> Must conduct public hearing, A
> Model rules and construction standards therein are minimum requirements
that TNRCC will approve,
> "Design criteria for On-Site Sewage Facilities" and Administrative Rules 34
TAC 285.91 must be attached to Rules as Appei& I.
62
EXHIBIT IX
c.
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Status of Chapter 16 continued
4. Amended Chapter 26 prepa•ed in the same format as the original was reviewed
by TNRCC in April, 1999 and TNRCC recommended following the Model
rules to expedite approval.
S. Format of ThiRCC Model rules requires elements more stringent to be
incorporated into a separate section.
> Net required acreage
(Minimum 1,3 acre lot size is recommended to accommodate house,
surface Irrigation area, setbacks, utility easement, amenities and lack of
design crlterta for disinfection sysremt)
> Setback distances
> Monitoring requirements
6. Amended Chapter 26 is currently being revised by the Legal Department to
meet TNRCC Model rules format,
7. We have the option of relinquishing Authorized Agent status but in so doing
would have to depend on TNRCC to enforce requirements of Model rules. JI
811. thew A uckroBw 1
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City of Denton
Environmental Services Division 1
City Council Work Session
Ordinance Regulating On-Site Sewage Facilities (OSSFs)
I
Back-up for requiring a minimum L5 acre lot size for Installation of Surface
Irrigation Systems
Minimum 1.5 acre lot size is recommended to accommodate house, surface
Irrigation area, setbacks, utility easement, amenities and lack of design
criteria for disinfection systems.
EXHIBIT I
Illustration of typical I acre layout with setback distances
and drain field area.
> The combinations of house, surface irrigation area, setbacks
of 20 ft. from property boundaries and utility easement
reduces available area of l acre lot by 42%.
> The addition of amenities (swimming pool, cabana, patio,
parking area) can reduce available area of a 1 acre lot by a f
minimum of 4%.
i
EXHIBIT 2
Layout of a 1.20 sere lot is The Wills of Argyle (East side
of U.S. 377, North of Brush Creek Rd.)
> The combination of house, surface fniguIon area, setbacks
of 20 R. from property boundaries and jogging path reduces
available area by 39%.
> The addition of a swimming pool and cabana can reduce the
area by a minimum of 3%. A,
➢ Homes as large as $100 sq. ft. have, already been built In The
Hills of Argyle where the average lot size is 1,239 acres.
IA awn,e.eAwaWmf
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. ..>.s . SIC Y'-..,:^•... . . , e.! r ae. .
EXHIBIT X
Illustration o Typical acre ayout
with setback distances and draintield area
3So
4!' 37.5 37.5
IOU"
3500 8q. fed 60' 12
50 b0'
78'
cn
CO
LEGEND
Scale] 10440'
Irrigation area 1■ 6134 square feet
e Naterwell (with variama: from 100, setback requlrementl
101 setback
j Q 200 setback
. 204 utility essom"t t
. Irrigation area
I
Considerationso
i eetb'a'ek re dudes mere tenet '''''''''""`"1
20+ metbaak redudes 1 mete treat 14%
t\
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4Mnt . s.
oau~ - ~ ~
AGENDA INFORMATION SHEET
AGENDA DATE: June 8, 1999
DEPARTMENT: Legal
CITY ATTORNEY: Herbert L. Prouty, 349-8333
SUBJECT
Consider adoption of an ordinance amending Article IV "Planned Development Districts" of
Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton to provide for time limits
on all steps and processes in the planned development districts; providing for certain action by
the Planning & Zoning Commission and the City Council in the event that steps in the process
are not timely completed; providing for consideration of the conformance of a particular planned
development district to the comprehensive plan and other Denton land use policies and regula.
lions; providing for a penalty not to exceed $2,000 for violations of this ordinance; providing a
scverability clause; and providing a savings clause.
BACKGROUND
Attached is a rough draft of the revised planned development ("PD') sunsetting ordinance, which
you will consider at your June 8, 1999 work session. The ordinance includes the following con. 1
ccpts:
1. Time limits have been established for each step of the PD process, including the filing and
approval of the development plan and detailed plan. A development plan must' timhted
within two years of the establishment of the planned development district. A cc ..:ed plan
must be submitted for approval within one year of the development plan. A deta.;ed plan can
also expire under g35• 156 of the City Code.
2. Notification to the property owner sixty days before the time limits expire will be required.
The property owner will be notified in the event that the expL ation of the time limits triggers
the staying of additional steps in the process and possible rezoning in accordance with the
Zoning Enabling Act and Chapter 35 of the City Code.
3. Following the expiration of the right to submit a development or detailed plan, the Planning
& Zoning Commission and the City Council will consider the expired PD ordinance. The
Commission will conduct a public hearing and follow all notice and hearing procedures for a
zoning amendment, The Commission will make a recommendation to the Council whether f t r
the PD should be allowed to proceed or should be rezoned. The Council will ultimately mike
a determination as to whether the existing PD can continue with the current land uses to
proceed in the process, whether additional conditions will be placed on the PD to allow it to
continue to proceed through the process, or whether the properly will be rezoned. In making
this decision, the Council will consider the current PD's compatibility with the comprehen.
t
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sive plan, the growth management strategy, surrounding land uses, whether the failure to I
submit in a timely manner is justified, or whether the property owner would be deprived of
the economic viable use or a vested right, The Council may agree to allow the applicant to
continue in the process. It may place any conditions it deems necessary on the planned de-
velopment, including placing additional time limits on the next steps In the process.
4. The ordinance applies to any development plan or detailed plan for which a recommendation
has not been made to the City Council by the Planning and Zoning Commission and to any
other development or detailed plan filed after the effective date of the ordinance.
This is a more complete drall of the ordinance than the one considered at your May 25, 1999
meeting. I will be discussing the ordinance In some detail with Terry Morgan and Dave Hill.
This will include discussing how the ordinance may be affected by the recently passed House
Bill 1704, the new vested rights statute. Terry and I are researching this and other matters and
hope to have answers to these questions by your June 81h work session. Additional changes may
be made to the ordinance prior to the work session. Additional material regarding this Item Is in
the City Attorney status report. These will be discussed with you.
OPTIONS
1. Pass the ordinance es written.
2. Pass the ordinance with charges as recommended by Council
3. Reject the ordinance.
I
RECOMMENDATION
If a majority of the Council is concerned about future or pending planned development districts
which do not conform with surrounding land uses and current land use regulations and policies,
this ordinance provides a way to make sure these planned development ordinances do not con-
flict with the current comprehensive plan and other land use regulations. 1 would recommend
this approach of staying steps in the process and resubmitting the matter to the Council for a do•
termination upon expiration of time limits as an acceptable method of addressing this matter.
i
Respectfully submitted:
e,
Herbert L. Prouty
City Attorney
~ ,A,dbp10. M n<unenrla.e,.*Jn. Mem,avpA wne lw
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DRAFT JUNE 39 1999
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE IV "PLANNF D DEVELOPMENT DISTRICTS"
OF CHAPTER 35 "ZONING" OF THE CODE OF 01DINANCES OF THE CITY OF
DENTON TO PROVIDE FOR TIME LIMITS ON ALL 'STEPS AND PROCESSES IN THE
PLANNED DEVELOPMENT DISTRICTS; PROVIDING FOR CERTAIN ACTION BY THE
PLANNING & ZONING COMMISSION AND THE CITY COUNCIL IN THE EVENT THAT
STEPS IN THE PROCESS ARE NOT TIMELY COMPLETED; PROVIDING FOR CONStD-
ERATION OF THE CONFORMANCE OF A PARTICULAR PLANNED DEVELOPMENT
DISTRICT TO THE COMPREHENSIVE PLAN AND OTHER DENTON LAND USE POLI-
CIES AND REGULATIONS; PROVICndG FOR APPLICABILITY TO CERTAIN PLANNED
DEVELOPMENT DISTRICTS; PROVIM1,10 FOR A PENALTY NOT TO EXCEED $2,000
FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are a number of planned development districts that are in excess often
years old and whose concept plans, development plans, or detailed plans are inconsistent with the
current land use regulations and policies of the City of Denton; and
WHEREAS, tha City Council deems it in the public interest to place time limits on ac-
tions required under all planned development districts in order to require conformance with c rr-
rent land use regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION I. That Division 3 "Applications and Submissions" of Article IV of Chapter
35 of the Code of Ordinances of the City of Denton is hereby amended by adding new Sections
35.177 through 35.179, which shall read as follows:
Sec. 35.177. Time Limits on Submission of Development Plans and Detailed Plans.
In a planned development district, progress toward development of a project ahati occur
within the following time periods:
(a) Failure to Submit DeyeloomCnt P]sp, A development plan or a detailed plan In lieu
of a development plan shall be submitted for approval within two (2) years from establishment of
the Planned Development District, unless otherwise provided by agreement. If a development
plan or detailed plan In lieu of a development plan for all or a portion of }he project is not sub-
mitied within such period, the autherity to submit s•,ch development plan shall expire,
(b) to nt Deyelopme Lklal If the project is to be developed t-t /
Failure to Submit Subs~;~
phases, a subsequent development plan shall be submitted within two (2) years from the approval
of a detailed plan for the preceding phase. If a s .bsequent development plan is not submitted
within such period, authorization to submit such development pion for that portion of the prop.
erty or other subsequent development plans for the property shall expire.
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(c) Failure to Submit Detailed Plan A detailed development plan shall be submitted for
approval within one (1) year from approval of the applicable development plan. if a detailed
plan is not submitted within such period, or in the event it detailed plan has expired pursuant to
section 35-156 of this Chapter and following any extensions granted under such provision,
authorization to submit it detailed plan shall expfre.
(d) Duties of Director. The City, through its Director of Planning, shall keep track of all
of the time limits set forth above and shall notify the owner of the land of the approaching expi-
ration of the time limit to a particular zoned planned development through a notice to the last
known address of the land owner sent by certftied mail, return receipt requested, at least sixty
days prior to the expiration of any time limit set forth above.
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(e) Siay+ of Process. Upon expiration of any of the time limits for any step in the planned
development process act forth in this section, an application for the development plan or detailed
plan, as the case may be, shall not be accepted for filing or further processed, pending the out-
come of the procedures set forth in section 35-178.
Sec. 35-178. Staying of Steps In Process.
(a) Followi•,g the expiration of the right to submit a development plan or detailed plan,
as set forth in section 35.177, the Director of Planning will place the planned development ordi-
nance for the property on the agenda of the Planning and Zoning Commission for Its considem-
tfon, Notice of the Commission's action shall stale that the regulations governing the planned
development district may be modified. The Commission shall conduct a public hearing and shall
apply procedures for a zoning amendment pursuant to section 35.7 of this Chapter, The Com-
mission thereafter shall recommend to the City Council whether the right to submit a develop-
ment plan or detailed plan should be reinstated, or whether the property should be zoned to an.
other classification.
(b) The Commission's recommendation shall be referred to the City Council for consid-
eration In accordance with the procedures applicable to zoning amendments. The Council shall
1 determine whether the right to submit the development plan or detailed plan should be reinstated,
or whether the property should be rezoned to another -aassification, in making such determina•
tion, the Council shall consider the following facto" among others:
(t) whether the planned development district is consistent with the adopted compre.
hensive plan and grown management strategy;
(2) whether the uses authoriz,d in the planned development district are compatible
with existing and planned land uses adjacent to the site; a
(3) whether there are extenuating circumstances justifying the failure to submit a de-
velopment plan or detailed plan during the applicable time period; and
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(4) whether rezoning the property to another classification constitutes confiscation of
a vested property right or deprives the owner of the economically vlab I s use of the
land.
(c) The Council may take the following actions:
reinstate the right to submit the applicable development plan or detailed plan
1 within a time certain, subject to any conditions that may be appropriate to ensure
that significant progress will be made toward development of the project;
(2) modify the planned developrent district regulations applicable to the property; or
(3) direct that proce0ings be instituted to change the toning classification of the
property in accordance with applicable procedures.
See. 35.179. City Council Consideration of Planned Development Ordinances.
(a) The planned development ordinance will then be referred to the City Council, who
will provide notice to the property owner and surrounding property owners in accordance with
Section 35.7 of this chapter, the Zoning Enabling Act, and all other applicable laws. The City
Council will hold a public hearing regarding the planned development ordinance. The City
Council will then determine whether the property needs to be rezoned or whether the right to
submit development under the old planned development would be reinstated with or without
conditions. In considering whether or not the existing planned development will be allowed to k
proceed In the process under the existing ordinance, the City Council may consider the following
factovs:
(1) Does the planned development ordinance comply with the existing comprehensive
plan and the growth management strategy?
(2) Is the p unncd development ordinance in conformance with surrounding land uses?
(3) Will the failure to allow the owner to proceed to the next step In the process or the
rezoning of the planned development create a hardship to the owner, as opposed to a
mere inconvenience? A hardship may be determined only when the Council finds that
the imposition of new zoning or the failure to allow the owner to proceed to the next step
in the planned development process is so excessive as to constitute a confiscation of the
tract or will substantially destroy any economically feasible utilization of the property.
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(b) In graining exceptions to the time limits phase ac set forth herci t, the City Council '
m..± require any conditions as will, in its judgment, be consi-gent with the purposes act forth la
this chapter and its other land use policies and regulations. The conditions which the City Coun•
cil may place on fx planned development may include placing additional tim r limits on the next
step in the process.
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SECTION 11. Apglicabjlit, This ordinance shall apply to applications for approval of a
development plan or detailed plan as follows:
1. To any development plan or detailed plan in lieu of & development plan, for which a rteom•
mendation km not been made to the City Council by the Planning and Zoning Commission
by the cffecdve date of this ordinance;
2. To any other detailed plan that Is filed after the effective date of this ordinance.
SECTION Ill. That any person violating any provision of this oreinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION IV, That if any section, subsection, paragraph, sentence, clauee, phrase, or
word in this ordinance, or application thereof to any person or circumstance Is held invalid by
any court of competent jurisdiction, such holding shall not afINt the validity of the remaining
portions of this ordinance, and the City Council of die City of Denton, Texas hereby declares It
would have enacted such remaining portions despite any such validity.
.c_gC11ON V. That save and except as amended hereby, all the sections, subsections, i
paragraphs, sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances of the City
of Denton shall remain in full force and effect.
SECTION V1. That this ordinance shall become effective fourteen (14) days from the j
date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordi.
nance to b-r published twice in the Denton Record-Chronicle, the oflidal newspaper of the City ,
of Denton. Texas, within ten (10) days of the date of its passage.
P. ",ED AND APPROVED this the day of .1999.
JACK MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROD M CITY ATTORNEY
BY:
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Agenda No, - 023
Agenda Itom 6.
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AGENDA INFORMATION SHEET
AGENDA DATES June 8, 1999
DEPARTMENTt Planning Dep ment / inspections Division
ACM: Dave Hill C
SSt BJECTt Hear a report, hold a discussion, and give staff direction on a "Stop Work
Order" for Toledo Court.
BACKGROUND: In October of 1998 five hr; ses were relocated from 911 Ave D to
the 300 Block of Mockingbird Lane. Because of delays associated with platting,
obtaining contractors and the weather, building permits were not Issued until April 8,
1999. Due to these delays a Notice and order was sent to Denton Affordable 11ousing
Corporation on February 19, 1999. The order required that permits for the repair of the
structures be obtained within sixty days or that demolition permits be obtained within
sixty days. Additionally, there was the standard time limit condition for reconstruction if
the owner were to choose to rehab the structures. The condition stated that all work was
to be completed within forty-five days of permit Issuance. The forty-five day deadline
expired on May 234. At the June 1, 1999 City Council meeting, funding for the Denton
Affordable Housing Corporation was denied as a result concern regarding minimal 4
project completion. As of June 4`x staff ha observed trenching for footings en several
houses as well as the pouring of the footing on one unit.
PRIOR AC.TIONIREVIE
February 18,1999-Notice and Order to repair or demolish sent.
April 8,1999-Building Permits issued for all structures
May 25, 1999-Funding recommendation for the Denton Affordable Housing Corporation
FISCAL INFORMATION
The Toledo Court project will require no public Impiovements that are the responsibility
of the city.
ESTI&IATED PROJECT SCI .DUI. .
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1. Based upon similar casts If a stop work order were Issued and demolition procedures '
Implemented, demolition would not be exp&ted io occur until December. r
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If an extension of time for substantial completion is
Substantially complete b tirv+ted all units will be
by September 1, 1999.
S MLffCbMM NbAMM I
Allow the restoration of the five houses 10 continue
construction schedule In accordance with the attached
.
QPTWM
1. Initiate stop work order and demolition procedures. If demolition procedures are
requested to move forward the appellant will receive an automatic appeal to the
Construction Advisory and Appeals Board. At this time the board can uphold the
demolition order, modify the order or dismiss the order. Should this option be
pursued, staff recommends that Appointment to the Construction Advisory and
Appeals Board be made, See Attachment 4 for additional Information.
2. Extend date for substantial completion.
ALreMrlY.rs
1. Construction schedule for rehabilitation ofstructures.
2. Stop Work Order In formation,
3. Substandard structure demolition requirements.
4. Construction Advisory and Appeals Board.
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Respectfully submitted
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D Iitll
Assistant City Manager of
Development Services
prepa ed by;
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(3r itchel
Bu riding Official r'
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Attachment 1
Toledo Court Project Construction Schedule
June 7, 1999 - Footings to begin on all structures
Unit 1- June 28, Stem wall fonns ad
• June 14, 1999 exterior renovation Initiated
• July 11,1999 exterior renovation 35% complete
• August 1,1999 exterior renovation 906/s complete
Unit 2 - July 1, 1999 Stem wall forms get
June 20, exterior renovation Initiated
July 12, 1999 exterior renovation 35% complete
August 9,1999 exterior renovation 90% complete
Unit 3 - July 19, 1999 Stem wal I forms set
July 1, 1999 exterior renovation Initiated
• July 25,1999 exterior renovation 3S% complete
• August 1, 1999 exterior renovation 90% complete
Unit 4 - July 19,1999 Stem wall fomtn ad
• July 19,1999 exterior renovation initiated
August 16, 1999 exterior renovation 35% complete
August 30. 1999 exterior renovation 90% complete
Unit 6 • July 19, Stem wall forma set
• July 26,1999 exterior renovation initiated
• August 22,1999 exterior renovation 35% complete
• September 1. 1999 exterior MA
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Attachment 2 k
STOP WORK ORDERS
Section 104.2.4 of the 1997 Uniform Building Code allows the building official to issue a
stop work order when work is being done contrary to the provisions of the code or other
pertinent laws or ordinances implemented through the enforcement of the building code.
Article IX of Chapter 28 of the City of Denton Code of Ordinances mandates specific
requirements for the abatement of dangerous structures. This article complies with
Section 102 ref the 1997 Uniform Building Code which refers to the Dangerous Building
Code or other regulations adopted by the city. Section 28.422 of the City of Denton Code
of Ordinancee states that when a Notice and Order has been issued and it has been
determined that the property can be repaired all work shall be completed within such a
time as the building official determines reasonable.
On February 18, IM a notice and order was sent to the Denton Affordable Housing
Corporation. The order stated that a permit must be obtained within sixty days of receipt
of the notice. The notice was received on February 19, 1999 which gave a deadline for
securing a permit of April 21, 1999. Building permits for all five structures were issued
on April 8, 1999. An additional requirement stated on the order was that all work was to
be completed within forty-rive days of permit issuance. The deadline for completion of
work was on May 23, 1999.
Given that the time frame stated on the notice and order has not been complied with a '
Stop Work Order can now be Issued under the conditions met forth in the Uniform
Building Coda If a Stop Work Order is issued and the structures are ordered demolished
an appeal will be scheduled with the Construction Advisory and Appeals Board. A public
hearing is required in all cases where the building official has determined that a building
or structure is to be demolished whether or not an appeal from such determination has
been filed. If the board upholds the building official's determination that the structures
must be demolished a notice and order to demolish will be Issued. A notice and order to
demolish a building shall be issued only In those cases where the board has determined i
that the building is dilapidated, substandard or unfit for human habitation and does not
meet minimum standards and that the building constitutes a hazard to the health, safety
and welfare of the citizens.
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Attacbmeal C
SUBSTANDARD STRUCTURE DEMOLITION REQUIREMENTS
Section 214,001 of the local Government Code states that a municipality may, by
ordinance, require the vacation, relocation of occupants, securing, repair, removal, or
demolition or a building that is:
(1) dilapidated, substandard, or unfit for human habitation and a hazard to the public
health, softly and welfare;
(1) regardless of its structural condition, unoccupied by its owners, lessees, or other
Invitees and is unsecured from unauthorized entry to the extent that it could be
entered or used by vagrants or other uninvited persons as a place of harborage or
could be entered or used by children
Section 26.421 of the City of Denton Code of Ordinances states that any building which
there exists any of the following conditions to an extent that it endangers the life, limb,
health, property, safety or welfare of the public or the occupants thereof shall be deemed
and hereby is declared to be a substandard building
(1) Inadequate sanitation
(2) Structural hazards 1
(3) Hazardous wiring
(4) Hazardous plumbing
(S) Hazardous mcch3nical equipment
(6) Faulty weather protection
(7) Fire lWard
(9) Faulty materials of construction
(9) Hazardous or unsanitary premises
(10) inadequate maintenance
(11) Inadequate exits
(12) inadequate fire protection or firefighting equipment
(13) Improperoccupancy
In October an inspection was performed prior to relocating the structures to their present
site. This inspection was performed to determine if the buildings were structurally stable
to the point they were capable of being moved. The inspection was also done to
determine if the structures could be considered substandard, At that time it was
determined that the buildings were indeed structurally sound and that the buildings did
not meet any of the requirements stated above to constitute a substandard structure.
Since the relocation of the structures to Mockingbird Lane weather protection has been r
the primary violation of standards to determine if a building is substandard. The structural
integrity will not be in question once the buildings are set on foundations, l3aeause these (l~'
structures do not constitute an immediate hazard to the public health, safety, and welfare
it it recommended that the timeframe for substantial completion be extended an
additional 120 days, This would be consistent with how similar situations have been
handled in the past,
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Denial of an extension would be a complete departure from established procedures for
gaining compliance. Over the past year fourteen demolition orders were brought before
the Building Code Hoard. In five of those cases a request for extension of time was
requested by the appellant. in all case an extension was granted.
If demolition procedures were to move forward it could be argued that items 2 and 6 exist
since the houses remain on the transporting frames. Once the structures are lowered to the
foundation I do not feel any structural concerns will exists. Also, the bond has the option
of upholding the determination of the building official, overturning the determination of
the building official or, as has happened it similar cases, grant a time extension for
completion of work. If the board determines the house is substandard and must be
demolished a contract for demolition will be obtained and all amocisted costs incurred by
the city will be levied against the property owner.
Given past policies relating to time extensions, the lack of an immediate hazard to the
citizens and the possibility of legal appeal it is recommended that an extension of 120
days be granted to the Denton Affordable Housing Corporation so that reconstruction
may continue,
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Attacbmeut 4
CONSTRUCTION ADVISORY AND APPEALS BOARD
Previously all demolition cases were appealed to the Building Code Board. In April this
board was officially dissolved and a new Construction Advisory and Appeals Board
created. After consulting with our legal department it appears that the previous board can
hear any appeals until a new board is appointed. Legal has expressed concerns over
utiIirng the former board, as it could be grounds for an appeal, which would further
delay any action. Additionally, the Building Code Board along with two other
construction boards were combined because of low attendance and numerous cancelled
meetings. Any cancelled hearings would cause more unnecessary delays.
To the extent that persons are available the Construction Advisory and Appeals shall
consist of:
I . General Contractor
2, Architect or Engineer
3. IndividV31 from plumbing industry
4 Individual from electrical industry
5. Two individuals associated with construction, development or real estate
6. An additional member
The following members of previous boards have expressed an interest in serving on this
new board:
MEMBER ADDRESS PHONE QUALIFICATION ORIGINAL
_ APPOINTMENT
Byron Woods 3821 Montectio 898.1053 Layman 1996
Ile Rife 2248 Stone ate 243-1141 Contractor 1996
Alan Nelson 2132 Savannah 566-0266 Architect 1996
Nicholas Eassa 2016 Parkside 387-5552 Engineer 1993
Frank 3207 Bob-O-Link 381-0367 Plumbing Cont. 1995
Cunningham
Dave Reynolds 2404 Green Oaks 3M X138 Plumbing Cont. 1993
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Doug Grantham 3939 Teasley 4220 891-0995 Electrical Cont. 1995
Scott Richter 525 S. Carroll 898.8784 Contractor 19988
Perry McNeill 1508 Gatewood $91.6080 Engineer 199S
Raymond 1125 Morse 323.2300 Layman 1998
Redmond
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r:lshamd`der CUOur DXUn U`Url:irumnl99d°Rsh Wikr nisirid 5e10ette"t
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED 2NE
CITYOFDENTON, I'MS v. DENTONCOUNTYFRE511 iwn SUPPhYDISTRICT N0. 1A
AND DENTON COUNTYFRESII ;I'ATER SUPPLI' DISTRICT NO. S, Ch ;SE NO. 99-40138- i
362; PENDING IN THE 362N" DISTRICT COURT OF DENTON LOUNTY, TEXAS;
PURSUANT TO THE TERMS STATED IN THE ATTACHED COMPROMISE
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS AND ANNEXATION
AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT AND ALL DOCUMENTS NECESSARY TO EFFECT THE SETTLEMENT;
AUTHORIZING THE CITY MANAGER AND THE CITY ATfORNEY TO TAKE OTHER
ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS;
AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the settlement of litigation styled City of Denton, Texas v. Denton
County Fresh Water Supply District No. 1A anrt Denton County Fresh Water Supply District No.
S; Cause No, 99-40158-362; pending in the 362"d District Court of the Denton County, Texas, is
hereby approved pursuant to the terms stated in the attached Compromise Settlement Agrecntcat
Release of Claims and Annexation Agre rnoit,
SEC] [O II: Tht I the City Manager is hereby authorized to execute the attached
Settlement Agroement, Annexation Agreement, and all other documents necessary to effect
sculemeril. The City Manager and the City Attorney are further authorized to take all other
actions necessary to rimlize the settlement and release of claims Including to make any
expenditures necessitated by the settlement
SECTION III: TI al this ordinance shall become effective immediately up its passage
and approval.
PASSED AND APPROVED this the day of .-,1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Cjargg
Citizen's Advisory Committee
Five-Year Capital Improvement Program
The City Council charges the special Citizen's Advisory committee with the goal of
obtaining citizen input, studying capital improvement needs for the next five years, and
making a recommendation for projeots to be funded in a January 2000 bond election. The i
Committee's review should encompass street construction and transportation
improvements, building construction and renovation, parks acquisition and improvement,
public safety facilities, and any other needs identified by the Committee.
City Staff has estimated a five-year capital improvement program of $22.6 million using
the traditional method of issuing ad valorem tax supported bonds. Because of thts limited
funding capacity, City Council charges the Committee to review alternate sources of
funding including grants, revenue bonds, infrastructure sales tax, ad valorem tax,
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public/private partnerships, intergovernmental partnerships, and any other funding
sources identified by the Committee.
The City Council also charges the Committee with the reiponsibility of public
information, education, and promotion of the adopted five-year capital improvement
proposition for the January 2000 elation.
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ApaAft"
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RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. R99-022 ADOPTING LIMITATION'S ON
ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF
MULTI-FAMILY DWELLINGS TO PROVIDE FOR AN EXEMPTION FOR PENDING
APPLICATIONS FOR A BUILDING PERMIT FOR MULTI-FAMILY DWELLINGS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
W,gEREAS, since the passage of Resolution No. IM-022, adopting limitations on
acceptance .utd processing of applications for establishment of multi-family dwellings, it has
come to the attention of the City Council that there are several multifamily dwelling
developments which have pending building permit applications; and
WHEREAS, th t L i'y Council deems it in the public interest to create an exemption from
the requirements of Resolution No. R99.022 for projects that have such pending building permit
applications; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RrSOLVES:
SECTION That Resolution No. R99-022 is hereby amended by providing a new i
Section IX "Exemptions" following Section VIII "Exceptions", which shall read as follows:
SECTION IX. Exemptions, The provisions ofthis resolutia. shall not apply to
any application for a multifamily develop,i.ent permit for which an associated
application for a building permit was accepted for filing prior to the effective date hereof.
SECTION 11. That Resolution No. R99-022 is further amended to renumber Section IX
"Severability" to Section X, and Section X "Effective Date" to Section XL
SECTION 111. That save and except as amended hereby, all the remaining sections,
subsections, paragraphs, sentences, clauses, and phrases of Resolution No. R99.022 shall remain
` in full force and effect
SECTION 11' That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this resolution, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such huiding shall not affect the validity of the remaining
porti,ns of this resolution, and the City Council of the City of Penton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
Sfs .TIS ON Y, That this resolution shall become effecrve immediately upon its passage
and •-pproval,
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PASSED AND APPROVED this the day of .1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FOEVA:
HERBERT L. PROUTY, CITY AIT RNEY
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• ~OtaQs ale 7
Jenkens & Gilchrist "
► ►►e,NgNY~ ►OM►,4 11►,1 D left
14RIMT lane
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WWft= =WLM 0M 4YVY1HJ 71RC~
prig 'u,
)nne 3, 1999
Herb Prouty, Bs4•
City Attorney
City of Denton
215 Bast McKistneY Street
Denton, Texas 16201
ft Appeal pursuant to Sectloa 6 of Multiple-Family Moritorium•
Dear Mr. Prouty.
The uaderslgtred law firm reprtsenn IN Texas DenelopMOM, Ina, the prospective
purchaser of 18.0 acres of land located at Colorado Boulevard and Southern Hills >0vulevsrd,
lwton, Texas, and also the prospective developer of the Jefferson Corr moos student WusWs
development at such locadoo, the m" for which wan approved by the Cary Council of the City
of Denton, Tess on April 20, 1999•
We have bum Informed that the Deatoa city Council adopted on Me 2, 1999, a certain
fesohWon adoptaag limitadoas on the processing of applications for development permits and
rezonlAR apDlicaions for multiple-family developmezU• We am extre meiY concerned that this
wmorawrium' may be construed to r'o17 to our project, even though wts have already applied for
our building permit and other permits and we belie that we have certaln legal rights tinder both
common tnd statutory law which may well be Infringed by the imposition of this tnotitotium.
However, So that we can pursue any adrnWstradve remedies which may be available to
us, a'e hmLby apply for, and mpA relief from the City Council of the City of Denton pursuant
to Section 6, "APPWs', of the above-described modtorhtm resolution, which staid tbat in
applicant for a multiple-family development permit surf act to such resolu0n, who Is aggrieved
by the City's decision not to f aW process such appliCadon, may apPtal for relief to the City
Cour4l, it is necessary that our appeal be heard at the June a City Cattrteil bearing, as our client
is scheduled to close on the property shortly theredW.
We fltrther uWasaud, accordW& to Section 6, that this appeal shall be considered by tbo `
City Couacll within twenty days of t:re d-se tills appeal is receivPd to the oftlce of ft City
Atto=Y, We also undt., stand that Section 6 (2) states that the apphcant must presort creditable
evidence from which the City Conrail can reasonably conclude char the delay to processing the
application for establishment of a muldple-family dweft deprives the applicant of a vested
property right or deprives the applicant of all moodcdly ft1e use of his land, We belleve that
10PI-. 60.1 rtiS6tWt1
o .
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J~CXL4 & Gil luist
Herb Prouty, Prq.
City Aaomey
J 1999
or
we wW be deluived of wclt vested Property IWO and *M be dVilyod of owh auboAWd
ma mk44 vwAe use of the w as to poteaddly wdfer em~roph►c moot l y do'", We
.viii P>pam ood aild, eatadve erldaooe en these P" both prior to and at our VOW hmwo.
Such evldeaoe ftU sd*M dte POIM listed In Station 6 (9) a fan. ' wbkh the C14 Cosocil
aba11 take into conddcndm
Plane d oo be advised, and please ao sdvisa dre Mayor sod City Co moll, lots by Pur:uin;
our appal Under this moritorium raoludW we In no way NO -6:M4 or fb Wick wy legal
d o" or of any kind which we mq hews, at law or ♦a agsdty r P wt * b the cotmma
taw of the Sane of Tom m tbo Utdted states or my pomoddl y vpW" t or Mllsdm
ptootulgated by the United States, do awe of Taw, or the City of Deo$^ Tssa-
Thla km is intended to fbn uibm our appeal under the reodeork m reahedm deaenw
above, and PiM ID twoider k as out roped. Pk* oootset the underdPOd with aw gtteadooa
you mg have. We look b vard to our oppo W* to wen btdore the Clcy Cotttlcil within
twenty day s of your nm!Pt Of d" appal-
With kla" rgKda,
9uam
cc, Mr. John Dimm
Mr. Addom Creamer
~;t nsacoon
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AGENDA INFORMATION SHEET kwdm
Apands 4em
AGENDA DATE: June 81"1 1999
DEPARTMENT: Plannlog ;&velopment
CM/DCM/ACM: Dave Hi I
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SUBJECT
Consider adoption of three o. linances on annexing three tracts of land located in the southwestern
section of the City of Denlon extraterritorial jurisdiction, amounting to approximately 2,549 acres of
land. Second Reading,
a. Tract # i (A-80): approximately 1,952 acres of land located at the southwestem edge of the City
of Denlon's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately
5,800 feel west from 1-35W, and east from Florence Road. [Robson property]
b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from
Crawford Road, and extending to the west approximately 5,800 feet from 1.35W, [Hillwood
property]
c. Tract #3 (A-82); approximately 472 acres of land, located between 1-33W and V.S. 377, north
of Crawford Road, and south of Abed Road, [Huffines property]
BACKGR_ OVND
City Council was scheduled to approve the annexation of three tracts of land, as indicated in the k
attached ordinances (Exhibits A, B, and C), on May 25i1, 1999. The action was tabled on May 25'" and
June l", and has been rescheduled for consideration on June 8'", 1999, in order to allow time for
further progress on a Denton-Northlake Interlocal Agreement that may lead to the withdrawal of the
Tract # I petition in favor of a voluntary petition, and to allow additional time for the development of a
settlement agreement regarding litigation involving Tract 93. The ordinances remain unchanged from
the May 25` agenda report. State regulations require that adoption of the annexation ordinances on
second reading muh' cccur within 90 days of the date that the annexation proceedings have been
instituted, or anew annexation process and schedule would have to be initiated. The ort:inances were
approved on first reading b! the April 201h, 1999 Council meeting, giving Council members until July
19"', 1999 to take action.
The ordinance for Tract #3 (A-82) has been revised as per the Council vote on first reading, which
•.rcurred on April 20'", 1999, to reduce the affected land from 1,025 acres to 472 acres. The revision A
was made to exclude from annexation the property owners not affiliated with the attempted creation of I r
a Fresh Water Supply District. The other two ordinances have not been revised since April 20't,, 1999.
I he attached ordinances, each of which contain a Service Plan, were approved on first reading as
required by super-majority vote of City Council. On June 8'", 1999, Coun0 approval will require a
super-majority vote (7-0 or 6-1) for the ordinances to take effect. If approved, the ordinances will
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become effective in 14 days, on June 22"a, 1999. Companion ordinances were prepared for Council
consideration on %lay 25'" to establish the initial Agricultural zoning for the tracts; Council is
schedi led to consider the zoning ordinances on June 8`x, only upon adoption of the annexation
ordina ices.
As per state law, the ordinances were published thirty days prior to consideration of adoption on
second reading Also, as per City Charter requirements (Section 1.03), amendments to the ordinances
made by Council on May 25'" would require re-publication in the newspaper, and an additional 30 days
would have to pass before Council action could take place.
Mandatory public hearings held on March 29" and 30", 1999 started the review process. Duri zg both
of these public hearings, City Council received a staff briefing and heard public comments. Following
a public hearing on April 14'h, 1999, the City Planning and Zoning Commission recommended that
City Council approve annexation of the tracts as proposed, by a vote of 4.2 (Engelbrecht, Rishel,
Gourdic, Moreno - In Favor; Powell and Apple - Opposed; Ganzer - Absent). During a Special
Called meeting on May 19'", 1999, the Planning & Zoning Commission recommended approval of the
temporary Agricultural zoning for the tracts by a vote of 7-0.
Discussions with the owners of Tract ql and Tract H3 have led to consideration of mutual agreements
regarding the coordination of annexation and zonli;g approvals. Tract fl, owned by Robson
Communities, Inc., is also subject to a voluntary annexation petition that includes land currently
located inside the Town of Northlake extraterritorial jurisdiction (ETJ). if a Denton-Northlake
interlocal agreement is executed before June Wh, staff will recommend that the involuntary annexation
ordinance for Tract tl i be withdrawn in favor of the voluntary petition. A Planned Development
zoning application has been submitted for Tract 43, owned by the Huffines family. Negotiations
regarding both of these tracts are not yet complete, Any changes that may affect the involuntary
annexations will be reported to Council on June e.
A-dditlonal Backeround: Growth blanagement Strategy Issues
For more than a year, the City of Denton has actively pursued the development of a comprehensive
plan intended to guide growth for the next 20 years. Population forecasts being used to develop the
plan indicate high levels of growth in the city's southern and eastern extratenitorialjurisdiction (ETJ),
predicting that an additional 80,000 to 100,000 people will live in the Denton area in the near future.
The Growth Ma tagemcnt Strategy (GINS) is the cornerstone of the comprehensive plan, and was
adopted by the Denton City Council in January 1999. The GMS identifies the high growth areas in the
ET) as "Urbanizing Areas", indicating that these areas will be considered for annexation and managed
growth. Planning Policies adopted by City Council in April 1998 are strongly oriented toward the
coordinated and efficient provision of all municipal services, including infrastructure systems related
to transportation, water, sanitary sewer, and drainage,
The tracts identified for proposed annexation are located in "Urbanizing Areas." Much of the land is
designated in the GMS as appropriate for the development of neighborhood centers, and densities are
intended to be high enough to require full municipal services, averaging 4 dwelling units per acre.
Tract #2 is located within a designated nixed-use urban center, located on the west side of 1.35W,
extending north from Crawford Road. Urban centers are intended to allow a mix of coordinated, high
intensity land uses, including retail, office, high density residential, and corporate-based employment
facilities. The Planning Policies also stress that mamged growth is dependent upon efficient and
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coordinated provision of transportation and utility systems, in recognition tlidt these municipal services
are the building blocks for community health and quality of life.
Additional Background: ETJ and CCN Issues
Recent events have raised concerns that efforts to manage growth and coordinate municipal services
are being threatened. Owners of property located at the far south extremes of the city's ETJ have
attempted to form a Fresh Water Supply District (FWSD), intended to provide independent water
service instead of connecting to the city or Denton Utilities system. If the FWSD is allowed to
provide water to ET) properties, land can be subdivided and platted at high densities despite potential
strain on other services. State law establishes the I'mits of ETJ for all Texas cities, wtd for Denton, the
ETJ extends 3%2 miles from the city limit line. State law appears to protect cities by prohibiting the
establishment of political subdivisions inside the ETJ without a city's consent (FWSD's are political
subdivisions). In addition, the exclusive authority to provide water ajtd wastewater services appears to
be assigned to the city through its Certificate of Convenience and Necessity (CCN), a permit issued by
the Texas Natural Pesourees Conservation Commission (TNRCC). However, attorneys experienced in
state land use and water law have concluded that state legislative amendments continue to evolve in
favor of FWSD's and MUD's (Municipal Utility Districts), and that Denton's ET) and CCN powers
may not be strong enough to prevent the formation of these political subdivisions. The City of Denton
has taken legal action to counter the efforts taken by the FWSD.
Fresh Water Supply Districts are not always considered a negative influence to the provision of
services to communities in Texas, particularly in areas vAcre municipal services are not available.
However, the FWSD (hat has annexed a portion of the City of Denton ETJ poses several problems:
• No effort was made to coordinate services with the City of Denton. The provision of water
increases demand for other utilities that can stress the city budget, requiring a disproportionate
allocation of resources to the dctrimcia of taxpayers and utility rate payers. I
♦ The City of Denton's state certificalion to provide water and sewer services within its CCN
boundaries is intended to provide assurance that proper planning and investment in capital
improvements can be possible. A water fine extension planned to extend south along U.S 377
(Fort Worth Drive) could result in a "stranded investmem" if property owners are allowed to
select another provider.
♦ The provision of water services in the Hickory Creel: watershed poses special concern given
the fact that sanitary sewer system improvements have not yet Leen planned nor implemented.
Without proper planning and coordination, City of Denton raw water supply, which is drawn
from an intake located on the Hick ry Creck branch of Lewisville Lake, could suffer severe
dclerioration. All Denton water users would be impacted by such a problem.
• FWSD's, which are go%cmed by a self-selected Board of Directors, are empowered to use
bonds to borrow funding to pay for utility improv%~mcnts. Property owners within the district
then pay taxes levied by the board to pay for the improvements, Issues of double taxation pose
equity issues, and the debt issued by the district represents a long-terns liability,
♦ With seni.es available, property in the district can be subdivided, platted, and developed at ,
urban densities without compliance with city zoning regulations. During a period of rapid
growth, the district could stimulate development inconsistent with City of Denton planning
efforts, effectively negating objectives to manage growth to the benefit of all citizens.
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4 FH'SD's and MUD's have been known to fail. Such an event would certainly cause great
difficulties for the residents and property owners within the district, but Denton could also
experience the problems posed by bail-out responsibilities,
A"llanal a around; Anaesallon & Service Plan Issues
Atinrtatlon Of ETI areas is the highest level of protection afforded to cities to manage growth and
coottlinate municipal services. Once inside the city limits, areas subject to development pressure will
have to comply with all of the development regulations deemed necessary by City Council to protect
public Health, safety, and welfare.
As per state law a service plan has been prepared and is attached to each ordinance. Because the tracts
to be annexed are for the most part undeveloped, immediate demand for services is low. No
households were found in any of the tracts. All properties within the annexed tracts will be entitled to
police and fire protection, solid waste collection, and road maintenance within 60 days of the effective
date of the annexation (the effective date of annexation is projected to be June 22 d, 1999; by
September 22"d, 1999, the aforementioned service would be required to be available). Fire protection
will be provided at first from existing stations, and a new Station k7 will be programmed to be
constructed in the vicinity of the 1.33W / F.M. 2449 intersection.
In addition, the service analyses and service plan describe the methods by which utilities and other
services will be provided. Of primary importance are water and sewer services Improvements
intended to serve the annexed tracts must, by state law, begin construction within 2 years and be
completed within 4'/1 years. Required projects are identified in the service plan, including a major
water line extension southward along U.S. 377. A variety of options are being considered to deliver
wastewater services, including a line extension from the Hickory Creek interceptor sewer system to
onsite treatment plants that would operated and maintained by the City of Denton. These and other
services will be made available in proportion the demand caused by new development
OPTIONS
Approval of the ordinances on second reading is the last action to be taken by City Council, and ends
the annexation process for the affected tracts. As occurred during the April 20'h first readings, the
ordinances should be considered and subjected to rote separately. Amendments to the ordinances can
be made without invalidating the stale-mandated schedule for annexation, but would delay the final
vote on sccor.d reading for a minimum of 30 days.
RIECOMMENDATION
Staff recommends that the annexation process for Tracts 41, 02, and N3 should proceed as scheduled.
The service plan indicates that feasible course of service provision is available. Implementation of the
service plan, along with the annexation, will enable the City of Denton to meet its CCN obligations,
implement zoning regulations in the annexed areas, and allo ~ realization of the city's Growth
Management Strategy. Irthe Denton-Northlakc interlocal agreement is signed, or if the status of an r
agreement with the owners of Tract k3 can be reached, st.afTwill make changes to these
recommendations on June 8'h.
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ESTIMATED SCHEDULE OF PHSLtF.CT
If Council takes action on June 9'. 1 M, the annexation process will he completed.
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PRIOR ACTION/REVIEW
j February 23 ,1999 Council approval of annexation schedule
March 20, 1999 l" Public Hearing
March 30`", 1999 2nd Public Hearing
Apri1 14u', 1999 Planning & Zoning Commission recommendation of ai hroval, 4-2
Apri, 20u', 1999 City Council approval of three ordinances by super-majority, with an
amendment to reduce Tract N3 from 1,025 acres to 412 acres
j May IV% 1999 P&Z recommendation of approval of AS zoning, 7-0
i May 25'1, 1999 Council postponement of annexation ordinances until June 1", 1999
June 1",1999 Council postponement of annexation ordinances until June 10, 1999
Additional briefings and consultations have been held by the City Council with respect to litigation
filed raainst a Fresh Water Supply District that has allegedly annexed a portion of Tract 03. I
FISCAL INFORMATION
Fiscal information is supplied in the Service Plan.
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EXHIBITS
Exhibit A: Annexation Ordinance (A-80, Robson tract)
Exhibit B: Annexation Ordinance (A-81, Hillwood tract) j
I Exhibit C: Annexation Ordinance (A-81, Huffines tract) ,
Exhibit D; Annexation Schedule
I Respectfully Submitted:
f Poll@ M. Hin
Assistant City Manager, Development Services
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Exhibit A [A-801
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ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING
1,952 ACRES, LOCATED ON THE WEST SIDE OF I-35W, NORTH OF CRAWFORD ROAD,
AND EAST OF FLORENCE ROAD; PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE (A-80),
WHEREAS, the City of Denton wishes to extend its City limits line to include the 1,952 acre
tray labeled "Tract N1", as described in Exhibit A; and
WHEREAS, public hearings were held in the Council Chambers on March 29'% 1999, and
March 30"', 1999, to allow all interested persons to state their views and present evidence bearing upon
this annexation; and
WHEREAS, after a public hearing on April 10, 1944, the City of Denton Planning and Zoning
Commission recommended approval of the annexation by & vote of 4.2; and
WHEREAS, annexation proceedings were instituted for the property described herein by the
Introduction of this ordinance at a meeting of the City Council on April 20th, 1999; and
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WHEREAS, this ordinance has been published in full one time in the official newspaper of the
City of Denton after annexation p, ,xeedings were instituted and 30 days prior to City Council taking
final action, as required by City Charter; and
WHEREAS, the City Council finds that the annexation will be in compliance with the 1999
Growth Management Strategy; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the tract of land labeled "Tract N1", described in Exhibit A, attached hereto
and incorporated by reference, is annexed to the City of Denton, Texas.
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SECTION 11: That the service plan attached as Exhibit B, and incorporated by reference,
which provides for the extension of municipal services to the annexed property, is approved as part of
this ordinance.
SMI ON IIh The annexed property is temporarily classified as Agricultural ;A) zoning
district classification and use designation.
SECTION IV. The city of Denton official zoning map is amended to show the Agricultural
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(A) zoning district and use classification of the property annexed, <
SECTION V: Should any part of this ordinance be held illegal for any reason, the holding shall
not affect the remaining portion of this ordinance and the City Council hereby declares it to be its
purpose to annex to the City of Denton all the real property described in Exhibit A regardless of
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whether any other part of the described property is hereby effectively annexed to the City. If any part j
of the real property annexed is already included within the city limits of the City of Denton or within
the limits of any other city, town or village, or is not within j
the City of Denton's jurisdiction to annex, the same is hereby excluded from the . -ritoq annexed as
fully as if the excluded area were not expressly described in this ordinance.
SECTION V1: That this ordinance shall become effective fourteen (14) days from the date of
its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance
to be published once and the descriptive caption to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of '1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, VITY ATTORNEY
BY: _
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Exhibit A
TRACT M1
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of
Texas, in the M. Scurlock Survey, Abstract Number 1141, the F. Garcia Survey, Abstract Number 502,
the B.B.B. & C.R.R. Survey, Abstract Number 197, the J. McGowan Survey, Abstract Number 798,
the F. Oliver Survey, Abstract Number 989, the J. H. Paine Survey, Abstract Number 1617, and being
more particularly described as follows;
Commencing from a point in Crawford Road, said point also being the Southeast corner of said M.
Scurlock Survey and the southwest corner of the E. Pizarro Survey, Abstract Number 994, Denton
County, Texas;
Thence North 00 degrees 37 minutes 19 seconds East with the east line of said M. Scurlock Survey,
and the West line of said E. Pizarro Survey, a distance of 30.00 feel to the PONT OF BEGINNING of
the herein described tract;
Thence North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and
being 30 feet north of and parallel to the south line of said M. Scurlock Survey, a distance of 3840.02
feet to a point at the beginning of a curve to the left;
Thence with said curve to the left having a central angle of 89 degrees 29 minutes 36 seconds, a radius
of 2640.00 feet, to a point;
Thence West a distance of 1037.44 feet to a point for comer,
Thence North 00 degrees 00 minutes 47 seconds East a distance of 1064.92 feet to a point for comer at
1 the beginning of a curve to the left;
Thence with said curve to the left having a central angle of $4 dagrecs 20 minutes 48 seconds, a radius
of 2640.00 feet to a point for comer;
Thence North a distance of 1141.19 feet to a point for comer al the beginning of a curve to the fen;
Thence with said curve to the left having a central angle of 02 degrees 10 minute 14 seconds, a radius Jr ` t
of 2640.00 feet to a point for comer;
Thence Notch 89 degrees 51 minutes 47 seconds East with a North line of said 2426.81 acre tract a
distance of 3017.94 feet to a point for corner;
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Thence North 00 degrees 20 minutes 02 seconds West, a distance of 1708.41 feet to a point at the
Southeast comer of East Ponder Estates, an addition to Denton County, Texas, according to the plat
thereof recorded in Cabinet 0, Page 367, of the Plat Records of Denton County, Texas;
Thence Noah 00 degrees 21 minutes 13 seconds West with the cast line of said addition, a distance of
3404.29 feet to a point on the south line of If. Lively Road;
Thence North 89 degrees 51 minutes 43 seconds East along the south line of 11. Lively Road and beinb
30 feet south of and parallel to the North line of said J. McGowan Survey, a distance of 5700.31 feet to
a point for corner;
Thence Southerly, a distance of 6824.00 feet to a point for corner at the Southwest comer of the 0.
Pettingale Survey, Abstract Number 1041, and the Southeast comer of said F, Garcia Survey;
Thence Easterly a distance of 1221.00 feet to a point for comer on the South line of said 0. Pettingale
Survey at the Northeast tomer of said M. Scurlock Survey and the Northwest corner of saiC E. Pizano
Survey;
(hence South 00 degrees 29 minutes 08 seconds East with the East line of said M. Scurlock Survey j
and the West line of said E. Pizano Survey, a distance of 3074.89 feet to a point for comer,
Thence South 00 degrees 37 minutes 19 seconds West with the East line of said M. Scurlock Survey +
and the West line of said E. Pizano Survey, a distance of 3315.00 feet to the POINT OF BEGINNING '
and containing In all 1,952 acres of land.
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H BIT A
DENTON f r
KV CITY OF
DENTON i
oad
.{/i / o;,,~ 2 4 7 v z h. k'vJ Y }li C r +c av I I f f
,.,r4 ~v, ` a~y^~!~y7~/<: 'v 3t ira~toL. I f •
b / <rsA~ ` titre vi,~?~ r s 5, 2v1 C@y~ ,y
TRACT 2
171
~41 1%;j%%~,,,
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Exhibit B s
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3
CASE NUMBER: A-80
AREA: 1,952 Acres
LOCATION: In the far southeastern section of the City of Denton ET), In the vicinity of
Crawford Road, interstate Highway 1-35W, and U.S. 377.
Municipal services to the site described above shall be furnished by or on behalf of the City of Denton,
Texas, at the followirg levels and in accordance with the following schedule:
A, Police Protection
In the short term, the Police Department can provide service to Tracts 01, #2, and #3 using existing
resources, resulting in response times consistent with other undeveloped perimeter areas of the city.
lit the longer term, the Police Department estimates that service can be provided within average
response times for the City as a whole, with the addition of 24 swom and 8 non-sworn personnel,
phased in proportion to population growth within the annexed tracts,
B. Fire Protection and Emergency Medical Senices
Fire smice will be available though existin# facilities during the interim period when the
annexation tracts remain for the most part undeveloped. A new Fire Station #7 will be needed in
the future to provide service to the annexed tracts, to be located in the vicinity of the 1.35W / F,M.
2449 intersection. The City of Denton Fire Departnwnt Five-Year Strategic Plan Is scheduled to be I I
presented to City Council on March 366, 1999. The plan will provide additional detail regarding
proposed fire and emergency service delivery to all pals of the city, including Tracts #l, 01, and
0.
C. Water / Waslewater Senices
Current City of Denton CIP funding is programmed for the construction of a Minch water line
extension that will reach the Hills of Argyle subdivision on U.S. 377, The line will be extended
further south to Tract #3 in a subsequent phase, Constniction of these improvements will begin
within 2 years and will be completed within 4'/t years. Development within Tract #3 is expected to
run the line west to 1-33W. The property owners of Tracts #1 and 02 will be expected to extend
water lines from 1-35W to deliver water for development. interim water service options are
available.
Wastewater service will be made available through either extensions from the Hickory Creek
interceptor sewer system or through on•sitc treatment plants that are owmed, operated, and 11
maintained by the City of Denton. See Annexation Service Analyses for further detail.
D. SlormwaterDrainage 5en9cee
Drainage improvements will be made by property owners at the time of development.
Maintenance will be the responsibility of the city of Denton, supported as a function of water and
wastewuter fund transfers paid by rate payers,
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E. Solid Waste Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers and
private waste haulers will not be disturbed. Equipment and personnel needed to serve new
development will be added in proportion to growth In the customer base.
F. Electric Utilities
Electric service will be made available upon request to all of the property within t1 c areas being
annexed.
G. Parks and Recreation Services
Neighborhoor parks will be provided as residential growth occurs, as per the City of Denton Park
Dedication Ordinance. One community park will be needed in the longer term. The community
park and additional personnel will be funded as appropriate through city funds.
H. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract fl, will not be annexed, and V'ill
remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads in Tract 03
will be upixaded by private development, and ultimately maintained by the City of Denton. F.M,
1830 (Country Club Road) is a state facility and will be upgraded and maintained by the Texas
Department of Transportation (TXDOT).
1. Building Inspections! Code Enforcement Services
Services are available now for the areas to be annexed. Additional personnel will be dedicated to
the areas to bit annexed as dictated by growth,
J. Library Services
The Library Master Plan will determine the appropriate method of service delivery for all areas of
the city, and is near completion. The plan will be presented to City Council in late April 1999.
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Exhibit B JA-811
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TI'.ACr COMPRISING
125 ACRES, LOCATED ON THE WEST SIDE OF I.35W AND NORTH OF CRAWFORD ROAD;
PROVIDING A SEVERABILITY CLAUSE AND PROVID[NG AN EFFECTIVE DATE (A-81).
WHEREAS, the City of Denton wishes to extend its City limits line to include the 125 acre
tract labeled as "Tract #1", described in Exhibit A; and
WHEREAS, public hearings were held In the Council Chambers on March 2901, 1999, and
March 30'h, 1999, to allow all interested persons to state their views and present evidence bearing upon
this annexation; and
WHEREAS, after a public hearing on April 10, 1999, the City of Denton Planning and Zoning
Commission recommended approval of the annexation by a vote of 4.2; and
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WHEREAS, annexation proceedings were instituted for the property described herein by the
introduction of this ordinance at a meeting of the City Council on April 200'; 1999; and
WHEREAS, this ordinance has been published in full one time in the official newspaper of the f
City of Denton alter annexation proceedings were instituted and 30 days prior to City Council taking
final action, as required by City Charter; and
WHEREAS, the City Council finds that the annexation will be in compliance with the 1999
Growth Management Strategy; NOA1, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the tract of land labeled as "Tract 42", described in Exhibit A, attached
hereto and incorporated by reference, is annexed to the City of Denton, Texas,
SECTION 11: That the service plan attached as Exhibit B, and incorporated by reference,
which provides for the extension of municipal services to the annexed property, is approved as part of
Y IN s ord i n anc e.
SECT(ON III: The annexed property is temporarily classified as Agricultural (A) zoning
district classification and use designation,
SECTION iV: The City of Denton official zoning map is amended to show the Agricultural
r 4) zoning district and use classification of the property annexed,
SECTION V; Should any part of this ordinance be held illegal for any reason, the holding shall it
not affect the remaining portion of this ordinance and the City Council hereby declares it to be its
purpose to annex to the City of Denton all the real property described in Exhibit A regardless of
whether any other part of the described property is hereby effectively annexed to the City I f any part
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of the real property =cxed is already Included within the city limits of the City of Denton or within
the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, tue same is hereby excluded from the territory annexed as
fully as if the excluded area were not expressly described in this ordinance.
SECTION VI: That this ordinance shall become effective fourteen (14) days from the date of
its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance
to be published one: and the descriptive caption to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 11999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: ,
HERBERT L. PROLrrY, CITY ATTORNEY
BY:
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DENTON 1
ETJ ; CITY OF
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oft DENTON
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Exhibit A
TIRACT #2
ALL that certain lot, tractor parcel of land lying and being situated in the County of Denton, State cf
Texas, in the E. Pizano Survey, Abstract Number 994 and being more particularly described as
follows:
COMMENCING at a point in the existing Denton city limit line as established by annexation
Ordinance Number 74.36 (Tract 1), said point lying 577 feet west :lithe intersection of the centerlines
of Interstate Highway 35 West and Crawford Road, said point also being 500 feet northwesterly from
and perpendicular to the centerline of Interstate Highway 35 West, said point also lying on the
common Apportionment Agreement line established on November 1 B'h, 1969 between the City of
Denton and the Town of Argyle and recorded in Volume 716, Page 145 in the Deed Records of Denton
County, Texas, said point lying in the south line of the E. Pizano Sdrvey, Abstract Number 994 and the
north line of the Patrick Rock Survey, Abstract Number 1063;
THENCE northeasterly along the existing Denton city limit line (Ordinance Number 74.36(Tract 1)),
parallel with and 500 feet perpendicular to the centerline of 1.11. 35 West a distance of 28.83 feet to the
POINT OF BEGINNING, said point lying on the north right-of-way line of Crawford Road, 25 feet
north of the said DentorUArgyle agreement line;
THENCE North 89 degrees 32minutcs 57seconds West along the north line of Crawford Road and
being 25' north of and parallel to the said Dcnton/Argyle agreement line a distance of 5,119 feet to a ;
point for corner, said point lying on the west line of the said E. Pizano Survey, Abstract Number 994,
same being the cast line of the M. Scurlock Sunny, Abstract Number 1141;
THENCE North 00 degrees 04minutcs 29 seconds West along the west line of the said E. Pizano
Surrey, Abstract Number 994 and the east line of the M. Scurlock Survey, Ahstract Number 1141, a
distance of I D00 feet to a point for comer,
THENCE South 89degrees 32minutcs 57seconds East, 4000 feet north of and parallel to the north line
of Crawford Road, a distance of 5,751 feel to a point for corner, said point lying on the existing Denton
city limit line as established by annexation Ordinance Number 74.36 (Tract 1) and lying $00 feet
northwesterly from and perpendicular to Ih,: centerline of Interstate Highway 35 West;
J
THENCE southwesterly along said exi:ding Denton city limit line as tstablishcd by annexation
Ordinance Number 74.36 (Tract 1), 500 feet from and parallel to the centerline of Interstate Highway f
35 West a distance of 1,178 fect to the POINT OF BEGINNING and containing 125 acres of land, i
more or less.
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Exhibit B
DRAFT ANNEXATION SERVICE PLAN: TRACTS #11 #21 do 03
CASENUMBER: A.-PI
AREA: 125 Acres
LOCATION: In the far southeastern section of the City of Denton ETJ, In the vicinity of
Crawford Road, Interstate Highway 1.33W, and U.S. 377.
Municipal services to the site described above shall be furnished by or on behalf of the city of Denton,
Texas, at the following levels and in accordance with the following schedule:
K. Police Protection
In the short term, the Police Department can provide service to Tracts # I, and #3 using existing
resources, resulting in response times consistent with other undeveloped perimeter areas of the city.
In the longer term, the Police Department estimates that service can be provided w ithin average
response times for the City as a whole, with the addition of 24 sworn and 8 non•sv, orn personnel,
phased in proportion to population growth within the annexed tracts. !
L. Fire Protection and Emergency Medical Services
Fire service will be available though existing facilities during the interim period when the
annexation tracts remain for the most part undeveloped, A new Fire Station #7 will be needed in
the future to provide service to the annexed tracts, to be located In the vicinity of the 1.33W i F.M. j
2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan is scheduled to be
presented to City Council on March 30'h, 1999. The plan will provide additional detail regarding
proposed fire and emergency service delivery to all parts of the city, including Tracts #i, #2, and
#3.
M. Hater I Wastewater Services
Current City of Denton CIP funding is programmed for the construction of a 20-inch water line
extension that will reach the Hills of Argyle subdivision on U.S. 377. The line will be extended
further south to Tract 03 in a subsequent phase. Construction of these improvements will begin
within 2 years and will be completed within 4'h yea:,.*, Devciopmcnt within Tract #3 is expected to
run the line west to 1.33W. The properly owners of Tracts #1 and #2 will be expected to extend
water lines from I.33W to deliver water for development. Interim water service options are
available,
Wastewater service will be mr.,,e available through either extensions from the Hickory Creek
interceptor sewer system or through on-site treatment plants that are owned, operated, and r t; • , s:
maintained by the City of Denton. See Annexation Service Analyses for further detail. t (L'
N. Stormwater Drainage Services
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Drainage improvements will be made by property owners at the time of development
Maintenance will l be the responsibility of the city of Denton, supported as a function of water and
wastewater fund transfers paid by rate payers.
0. Solid Waote Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers and
private waste haulers sill not be disturbed. Equipment and person.~el needed to serve new
development will be added In proportion to growth in the customer base.
P. Electric Utill"
Electric service • ue made available upon request to all of the property within the areas being
annexed.
Q. Parka and Recreation Services
veighborhooJ parks will be provided as residential growth occurs, as per the City of Denton Park
Dedication Ordinance. One community park will be needed in the longer term. The community
park and additional personnel will be funded as appropriate through city funds.
R. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract Ml, will not be annexed, and will
remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads In Tract 03
will be upgraded by private development, and ultimately maintained by the City of Denton. F.M.
1830 (Country Club Road) Is a state faciliti and will be upgraded and maintained by the Texas
Department of Transportation (TXDOT).
t
S. Building Inspections / Code Enforcement Services
Services are available now for th r areas to be annexed. Additional personnel will be dedicated to
the areas to be annexed as dictated by growth,
T. Library Services
The Library Master Plan will determine the appropriate method of service delivery for all areas of
the city, and is near completion. The plan will be presented to City Council in late April 1999.
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Exhlbit C (A-82)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING
APPROXIMATELY 472 ACRES, LOCATED ON THE EAST SIDE OF IN) "RSTATE HIGHWAY
1.35% NORTH OF CRAWFORD ROAD, AND WEST U,S. HIGiIWA'. 377; PROVIDING A
SEVERASILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A•82),
Wt{EREAS, the City of Denton wishes to extend its City limits line to include the
approximately 472-acre tract labeled "Tract #3", as described in Exhibit A; and
WHEREAS, public hearings were held in the Council Chimbers on March 20, 1999, and
March 30th, 1999, to allow ali Interested persons to state their views ind present evidence bearing upon
this annexation; and
I
WHEREAS, after a public hearing on April i4'h, 1999, the city of Denton Planning and Zoning
Commission recommended approval of t;re annexation by a vote of 4.2; and
WHEREAS, annexation proceedings were Instituted for the property described herein by the
introduction of this ordinance at a meeting of the City Council on April 20e°, 1999; and
WHEREAS, this ordinance has been published in full one time in the official newspaper of the
City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking
final action, as required by City Charter; and
WHEREAS, the City Council finds that the annexation will be in compliance with the 1999
Growth Management Strategy; NOW, THEREFORE
TH E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I
SECTION 1: That the tract of land labeled "Tract 03", described in Exhibit A, attached hereto
and incorporated by reference, Is annexed to the City of Denton, Texas.
SECTION I?. That the service plan attached as Exhibit 13, and Incorporated by reference,
which provides for the extension of municipal services to the annexed property, is approved as part of
!his ordinance,
SECTION IH: The annexed property is temporarily classified as Agricultural (A) zoning
district classification and use designation.
SECTION IV: The City erDcnton official zoning map Is amended to show the Agricultural (A) zoning district and use classificatwa ^f the property annexed. $
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SECTION V: Should any part of this ordinance be held illegal for any reason, the hiding shall
not affect the remaining portion of this ordinance and the City Council hereby declares it to be its
purpose to annex to the City of Denton all the real properly described in Exhibit A regar-aess of
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whether any other part of the described property Is hereby effective!Y annexed to the City, if enYPart 4t
of the real property annexed is alresdy included within the city limits of the City of Denton or within
the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as
fully as if the excluded area were not expressly described in this ordinance.
SECTIQ1V,VI: That this ordinance shall become effective fourteen (t4) days from the date of
its final passage rind publication, and the City Secretary Is hereby directed to cause the entire ordinance
to be published :axe and the descriptive caption to be published twice In the Denton Record-Chronicle,
the official neu spaper of the city of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1999.
JACK MILLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY '
BY:
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Exhibit A I
TMCT N3
ALL that certain lot, tract or parcel of lend lying and being situated in the County of Denton, State of
Texas, in the S.B.B. & C.R.R. Company Survey, Abstract Number 158, B.B,B. & C.R.R. Company
Survey, Abstract Number 159, B.B.B. & C.RR, Company Survey, Abstract Number 160, S, Graham
Survey, Abstract Number 468, E. Piano Survey, Abstract Number 994, M. Smith Survey, Abstract
Number 1181, W. Smith Survey, Abstract Number 1182 and being more particularly described as
follows:
BEGINNING at a point in the existing Denton city limits line as established by Ordinance Number 69-
40 (Trait 111), being the most southerly southwest corner of said Ordinance Number 69.40 (Tract 111),
said point lying $00 feel northwesterly of and perpendicular to the centerline or us. Highway 377
(Fort Worth Drive);
PIENCE North 278 289 East parallel with and perpendicular to the centerline of U.S. Highway 377
(Fort Worth Drive) along the existing Denton city limits line as established by Ordinance Number 69-
40 (Tract 111) a distance of 1,680 feet to a point for comer, said point tying in the south line of the
William Smith Survey, Abstract Number 1187 and in the north line of tl.e Spencer Graham Survey,
Abstract Number 468;
THENCE North 888 189 390 West, departing said existing Denton city limit line and continuing along j
the south line of the said William Smith Survey, Abstract Number 1187 same being the north line of
the Spencer Graham Survey, Abstract Number 468 a distance of 2,030 feel to a point for comer; ,
THENCE North 008 309 520 East a distance of 2,769.64 feet to a point for comer, said point lying or,
the south line of the B.B.B. & C.RR. Co,npany Survey, Abstract Number 159, said point alsobcing
the on the north line of the William Smith Survey, Abstract Number 1182, said point also lying in
Johnson Road;
THENCE westerly along said survey tines passing at 731 feet a southeast comer of a tract annexed by
the city of Denton by Ordinance Number 91-033 (Tract 1) and contim ing along said existing Denton
city limit tine established by Ordinance Number 91-033 (Tract 1) and along said survey lines a total
distancr of 3,08? ro ; , , to a point for corner, said point being the northeast corner of the B.B.B. &
C.R.F.. Company Sv.vey, Abstract Number 158, said point also being the northwest comer of the At 0
William Smith Survey, Abstract Number 1182 and also being st the Intersection of Johnson Lane and ~ (J
Paine Road;
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THENCE South 008 029 390 West along the existing Denton city limits line established by Ordinance
Number 91-033 (Tract 1) and along the east line of the said B.B.B. & C.R.R. Company Survey,
Abstract Number 158 a distance of 3,64817 feet to a point for comer;
THENCE North 898 329 20C West along the existing Denton city limits line established by Ordinance
Number 91-033 (Tract I) a distance of 1,290.84 feet to a point for comer;
THENCE North 008 589 250 East along the existing Denton city limits line established by Ordinance
Number 91.033 (Tract 1) a distance of 300 feet to a point for corner, said point being at an intersection
of the city of Denton annexation tract lines of Ordinance Number 7436 (Tract 1) and of Ordinance
Number 91.033 (Tract 1), said point also lying $00 feet southwesterly of and perpendicular to the
centerline of Interstate Highway 35 West;
THENCE South 298 559 510 West, 500 feet southwesterly of and parallel to the centerline of
interstate Highway 35 West and along the existing Denton city limits line established by Ordinance
Number 74.36 (Tract 1), a distance of 1,300 feet to a point for corner;
THENCE North 898 549 050 East, departing said ex, sting Denton city limits line established by
Ordinance Number 74-36 (Tract 1), a distance of 350 feet to a point for comer, said point being the
northeast corner of a tract to led Arthur Cooper by decd recorded in Voh:me 359, Page 459 of the
Deed Records of Denton County, Texas;
THENCE South 008 159 030 West along the cast line of said Cooper tract a distance of 428.80 feet to
a point for corner, sold point being the northwest comer or a tract to doe T. Simpson by decd recorded
in Volume 3097, Page 570 of the Real Property Records of Denton County, Texas;
THENCE South 898 449 500 East along the north line of said Simpson tract a distance of 200.05 feet
to a point for corner, said point being the northeast corner of said Simpson tract;
- TH ENCE Sw-th 008 079 510 West along the cast line of said Simpson tract a distance of 375 feet to a
point for comer, said point lying on the north right-of-way line of Crawford Road and said point also
lying 25 feet north of the common Apportionment Agreement line established on November 18`x, 1969
between the City of Denton and the Town of Argyle and recorded In Volume 716, Page 145 In the
Decd Records of Denton County, Texas;
THENCE in an easterly direction along the north line of Crawford Road most of the way and being 25'
north of and parallel to the said Denton/Argyle agreement line a distance of 2,351 feet to a point for t
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comer, said point lying 25 feet west of the said Denlon/Argyle agreement line and sold point lying on '
the west right-of-way line ofkhn Paine Road;
THENCE in a nortl,-rly direction along the west right-of-way line of John Paine Road, 25 feet west of
and parallel to said Denton/Argyle agreement line a distance of 767 feet to a point for comer,
THENCE South 888 309 East passing at 25 feel the cast line orthe B.B.13,& C.R.R, Survey, Abstract
Number 158, same being the northwest comer of the William Gazaway Survey, Abstract Number 480,
same being the southwest comer of the Mary Smith Survey, Abstract Number 1181, same being a
common corner along the said DentorJArgyle agreement line, and passing at 2,641 feet the northeast
corner of the said William Oazaway Survey, Abstract Number 480 same being the southeast comer of
said Mary Smith Survey, Abstract Number 1181 same being the west line of the S. Graham Surve„
Abstract Numb-:r 468 and continuing along said agreement line a tolal distance o(4,666 feet to a poin'
In the centerline of the Union Pacit3c Railroad (formerly the Texas & Pacific Railway) forcomer;
THENCE North 278 I S9 East with the centerline of the Union Pacific Railroad and along the said
Denton/Argyle agreement line a distance 2S0 feet, more or less, to a point for corner, said point lying
on a southerly line of the existing Denton city limits as established by Ordinance Number 6940 (Tract
Il
THENCE westerly along said existing Denton city limits line as established by Ordinance Number 69-
40 (Tract 111), departing the said Denton/Argyle agreement line, a distance of 430 feet to the POINT
OF $EGINNINO and containing approximately 472 acres orig.
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Exhibit 8
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3
I
CASE NUMBERt A-82
AREA: 472 Acras
LOCATION: In the far southeastern section of the city of Denton HT), in the vicinity of
Crawford Road, Interstate Highway 1.35W, and U.S. 377,
Municipal services to the site described above shall be furnished by or on behalf of the City of Denton,
Texas, at the following levels and in accordance with the following sched+a!e;
A. Police Protection
In the short term, the Police Department can provide service to Tracts #1, 02, and #3 using existing
resources, resulting in response times consistent with other undeveloped perimeter areas of the city,
In the longer term, the Police Department estimates that service can be provided within average
response times for the City as a wLole, with the addition of 24 sworn and 8 non-swom personnel,
phased in proportion to population growth within the annexed tracts.
B. Fire Protection and Emergency Siltdieal Services
Fire service will be available though existing facilities during the interim period when the
annexation tracts remain for the most part undeveloped. A new Fire Station 07 will be needed in
the future to provide service to the annexed tracts, to be located in the vicinity of the I.33W / F.M.
2449 intersection. The City of Denton rire Department Five-Year Strategic Plan is scheduled to be
presented to City Council on March 30'h, 1999. The plan will provide additional detail regarding
proposed fire and emergency service delivery to all parts of the city, including Tracts #1, #1, and
#3.
C. Water / Wastewater Services
Current City of Denton CIP funding is programmed for the construction of a 20-inch water line
extension that will reach the Hills of Argyle subdivision on U.S. 377. The line will be extended
further south to Tract #3 in a subsequent phase. Construction of these improvements will begin
within 2 years and will be completed within 4% years. Development within Tract #3 Is expected to
run the line west to 1.3$W, The property owners of Tracts #1 and #2 will be .xpecled to extend
water lines from 1.35W to deliver water for development. Interim water service options are
available,
Wastewater service will b: made available through either extensions from the Hickory Creek
interceptor sewer system or through on-site treatment plants that are owned, operated, and A,
maintained by the City of Denton. See Annexation Service Analyses for further detail
I
D. Stormwater Drainr. ge Services
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Drainage Improvements will be made by property owners at the time of development,
Maintenance will be the responsibility of the City of Denton, supported as a function of water and
wastewater flrnd trauders paid by rate payeti.
E. Solid Waste Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers and
private waste haulers will not be disturbed. Equipment and personnel needed to serve new
development will be added in proportion to growth in the customer base,
F. Electric Utilities
Electric service will be made available upon request to all of the property within the areas being
annexed.
0. Parks and Recreation Servicts
Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park
Dedication Ordnance, OJne community park will be needed In the longer term. The community
park and additional personnel will be funded as appropriate through city funds.
H. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract #I, will not be annexed, and will
remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads In Tract M3
will be upgraded by private development, and ultimately maintained by the City of Denton. F.M.
1830 (Country Club Road) Is it state facility and will be upgraded and maintained by the Texas
Department of Tranapmation (TXDOT).
1. Building Inspections I Code Enforcemeno Services
Services are available now for the areas to be annexed. Additional personnel will be dedicated to
the areas to be annexed as dictated by growth.
J. Library Services '
The Library Master Plan will dctermine the appropriate method of service deliver;, for all areas of
the city, and Is near completion, The plan will be presented to City Council In late April 1999.
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Exhibit D
INVOLUNTARY ANNEXATION SCHEDULE
TRACTS #i, 021 AND #3
Rnhrtf Moak ! 74, logo
Friday, March 10 Notice published In Denton Record-Chronicle for both CC public
hearings.
Monday, March 20 City Council conducts f Mkpj +j&.bj0j g.
• Public notice must be, 1 less than 10 days and no more than
20 days before public hearing.
• Opaelal Called Meeting
o Annexation Study prepared and available for public review.
a Service Plan prepared and evallable for public review,
Tuesday, March 3e City Councll conducts second public hearing.
• Public notice must be no less than 10 days and no more than
20 days before public hearing.
• Special Celled Meeting,
Sunday, April 4w Notice published in Denton Record-Chronicle for Planning and
Zoning Commission public hearing,
Wednesday, April 14'^ Planning and Zoning Commisslon holds a public hearing and {
considers making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning,
• Public notice must be no less than 10 days before public
hearing.
Tuesday, April 200' City Council by a four-friths vote Institutes annexation
proceedings. First readirxi of annexation ordinance.
• Action must be more then 20 days after the second pi,")Nc
hearing but less then 40 days from the first public hearing.
Sunday, April 26' Publication of annexation ordinance In Denton Record-Chronicle.
Tuesday, May 26" City Council by a four-flftha vote tAkes final action.
Second reading end adoption of the annexation ordinance.
• Council action must b9 more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings.
• Special Called Meeting (scheduled Work Session)
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Agir:de No, q9 - 0,23
AGENDA INFORMATION SHEET Apende Amt
Dale
AGENDA DATE: June 8'h,1999
DEPARTMENT: Planning & De elopment
CM/DCM/ACM: Dave fill
SUBJECT
Hold a public hearing and consider adoption of three ordinances to temporarily designate three tracts
of annexed land, amounting to approximately 2,549 acres, as Agricultural ("A") zoning district
classification and use designation; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, and providing for an effective date. Descriptions of the tracts affected include;
a. Tract 01 (A-80); approximately 1,952 acres of land located at the southwestern edge of the
city of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads,
approximately 3,800 feet west from 1.33W, and east fnm Flotance Road. [Robson pruperty)
b. Tract M2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from
Crawford Road, and extending to the west approximately 5,800 feet from 1-33W. [Hillwood
property)
c. Tract N3 (A-82): approximately 472 acres of land, located between 1.33W and U.S. 377, nor+h
of Crawford Road, and south of Aired Rose. [liuffines property)
BACKGRQUND
On M 25' and June 1", 1999, the City Council cominued a scheduled public hearing and
consideration of three zoning ordinances to June 80, 1999, City Council was scheduled to approve tht
annexation of three tracts of land, as identified on the map in Exhibit A, on May 25`^, 1999, and action
was also postponed on May 23'x and June 1". Three companion ordinances (attached as Exhibits A, B,
aid C) were prepared for Council consideration on May 25°i to establish the Initial Agricultural zoning
for the tract.4, and remain unch,ged since that date.
Alter consideration of the Involuntary annexation ord,..tnces, Council is scheduled to hold a public
hearing to hear comments regarding the proposed temporary Agricultural ("A") zoning for Tracts 41,
02, and 0, and consider apaproval of the associated ordinances. if approved, thm effective date of the
ordinances will be June 21° , 1999, which is the same effective date of the involuntary annexations of
Tracts N1, 42, and 03,
The ordinances are required to establish the legal validity of the temporary Agriculture] zoning for (j
each tract that becomes newly annexed in the absence of r spec°lie zoning application submitted ;;Y the
property owner. The annexation ordinances prepared for Council co~rsrderstion also contain provisions
to assign Agricultural zoning to the annexed tracts, but do not contain the penalty clause (maximum
penalty of $2,000,00 for violations) needed to validate and enforce city zoning regulations, If the
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annexation ordinances were amended to add the penalty clause, the ordinances would have to be re-
published in the newspaper, and Council would have to wait another 30 days to approve the
annexations.
During a Special Called meeting on May 19'1',1999, the Planning & zoning Commission
recommended approval of the temporary Agricultural zoning for the tracts by a vole of U.
Discussions with the owners of Tract #1 and Tract #3 have led to consideration of mutual agreements
regarding the coordination of annexation and zoning approvals. Tract #1, owned by Robson
Communities, Inc., is also subject to a voluntary annexation petition that Includes land curready
located inside the Town of Northl eke extraterritorial jurisdiction (ETJ). If a Denton-Northlake
inlerlocal agreement is executed before June 8d', staff will recommend that the Involuntary annexation
ordinance for Tract "I be withdrawn In favor of the voluntary petition. A Planned Development
zoning application t j, teen submitted for Tract 03, owned by the Huffines family. Negotiations
regarding both of these tracts are not yet complete. Any changes that may affect the involuntary
annexations will also affect the attached zoning ordinances, and will be reported to Council on June 8'x,
OPTIONS
The options related to the affected tracts are more closely related to the annexation actions than the
zoning classifica,ions. Should Council wish to consider eQier use designations for the tracts, separate
procedures would have to be followed, as per the city's zoning ordinance,
RECOti IAIENDATIO
Staff recommends that the zoning ordinances for Tracts #I, #2, and #3 should proceed in correlation
with the progress of related annexations, if the annexations do not occur, the zoning ordinances will
not be considered by Councit {
If the Denton-Northlake intertocal agreement is signed, or if an agreement with the owners of Tract #3
can be reached, staff will make changes to these recommendations on June 0,
ESTIMATED SCHEDULE OF PROJECT
The zoning ordinances, if approved, will take effect June 22nd, 1999.
PR[ ACTION/REVIEW
February 23', 1999 Council approval of annexation schedule
March 20, 1999 l" Public Hearing
March 30, 1999 2nd Public Hearing
April 14'", 1999 Planning & zoning Commission recommendation of approval, 4.2
April 20'", 1999 City Council approval of three ordinances by super-. najority, with an
amendment to reduce Tract #3 from 1,025 acres to 472 acres
May 191n, 1999 P&z recommendation of -pproval of AS zoning, 7-0
May 251', 1999 City Council postpoic1,,~:„ of action on annexation ordinances until June Vt
City Council continuation of zoning public hearing and action to June I"
June t", 1999 City Council postponement of action on annexation ordinances until June 8'h
City Council continuation of zoning public hearing and action to June 8's
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Additional briefings and consultations have been held by the City Council with respect to litigation
filed against a Fresh Water Supply District that has allegedly annexed a portion of Tract #3.
FISCAL INFORMATION
Not applicable.
EXHIBITS
Exhibit A: Map of Tracts 01, #2, and #3
Exhibit B: Draft Ordinance ( Robson tract)
Exhibit C: Draft Ordinance (Hillwood tract)
Exhibit D: Draft Ordinance ( Huftines tract)
Rtspectfuliy Submitted:
Da ' . Hill
93istant City Manager, Development Services
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EXHIBIT B
i
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDINQ FOR,
TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT
dl FOR APPROXIMATELY :1,952 ACRES, LOCATED AT, TOE SOUTHWESTERN
EDGE OF THE CITY OP • DENTON'S EXTRATERRiTORIAI,' T wsbiCTION,
BETWEEN CRAWFORD ROAD AND LIVELY ROAD, APPROXIMATELY 5,800
FEET WEST FROM 1-35W, AND EAST OF FLORENCE ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 DOLLARS FOR ANY
VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Denton on May 25, 1999 on final resting annexed the
property designated as "Tract 01" and more particularly described In Exh!olt A; and
WHEREAS, the proper development of the annexed property has not yet been
determined and has not been permanently zoned; and
WHEREAS, the policy of the City of Denton Is to temporarily zone annexed
property Agricultural (A), until permanent zoning is determined; and
WHEREAS, after a public hearing on May 19,1999, the City of Denton Planning
and Zoning Commission recommended temporary zoning of "Tract 41" to Agricultural
(A) zoning by a vote of 7-0; and
WHEREAS, the City Council rinds that the zoning will be In compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I
ECG: That the zoning district classification and use designation of Tract
91 consisting of approximately 1952 acres described In the legal description attached
hereto and Incorporated herein as Exhibit A. is classified as Agricultural (A) toning
district classification and use designation under the comprehensive zo*9 ordinance of
the City of Denton, Texas.
SECT iON 11. That the City's official zoning map is arirended to show the zoning
district classification.
SECTION -11. That any person violating any provision of this ordincrree shall,
upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of
this ordinance Is violated shall constitute a separate and distinct offense.
J ,SECTION IV. That this ordinance s1,a11 become effective fourteen (14) days
from the date of Its passage, and the City Secretary Is her..by directed to cause the caption
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of this ordinance to be publisbed twice In the Denton Record-Chronicle, a daily
newspaper pubiiahed to the City of Denton, Texts, within ten (10) days of tho date of its
passage.
PA$Shp AND
APPROVED th6 tbp , day of r 1➢99 ^ i I
JACK MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY 1
BY:
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Exhlbit A f
;TRACT N1
All that certain lot, tract or parcel of land lying and being situated In the County of Denton, State of
Texas, 4r} the. K Scurlock Sttrvtsy, AbsVrsctNumber 1,141; the 1?, Garcia 5uri y; Abytract~Nptrttl 502,
the`B.B:~.~i'C.1t':lt,$urve}i,'AtistrecENuMbei'14'1,tbaJ:~lvCcGowBn'Stirve~+,:7it,streaT~uittber796; • .
the F. Oliver Survey, Abstract Number 989, the L H. Paine Survey, Abstract Number 1617, and being
more particularly described as follows:
Commencing from a point In Crawford Road, said point also being the Southeast comer of Bald M
Scurlock Survey and the southwest comer of the E. Pizano Survey, Abstract Number 994, Denton
County, Texas;
Thence North 00 degrees 37 minutes 19 seconds East with the east line of said M Scurlock Survey,
and the West line of said E, Pirano Survey, a distance of 30.00 feet to the PONT OF BEGINNING of
the herein described tract;
Thence North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and
being 30 feet north of and parallel to the south ling of said M: Scurlock Survey, a distance of 3$}0.02
'feet to a point at rho beglaningg of a w'nw td the left;
Thence with said curve to the left having a central angle of 69 degrees 24 minutes 36 seconds, a radius
of 2640.00 feet, to a point;
Thence West a distance of 1037.44 feet to a point for comer,
Thence North 00 degrees 00 minutes 47 seconds East a distance of 1064.92 feet to a point for comer at
the beginning of a curve to the left;
Thence with Bald curve to thb leR fieyfng'e cent~61'eAg[e.~f 84 degrei4 20'mlatiles 48`seodtid'aedius
of 2640.00 feet to a point for corner,
Thence North a distance of 1141.19 feet to a point for corner at the beginning of a curve to the left;
Thence with said curve to the left having a central angle of 02 degrees 10 micu% 14 seconds, a radius a
of 2640.00 feet to a point for corner, e v,,
Thence North 89 degrees S 1 minutes 47 seconds East with a North line of said 2426.81 acre tract a -
distance of 3017,94 feet to a point for comer,'- ,
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Thence North 00 degrees 20 minutes 02 seconds West, a distance of 1708.41 feet to a point at the
Southeast corner of East Ponder Estates, an addition to Denton County, Texas, according to the plat
thereof recordedd~inQQ Cabinet G, Page 367, of the Plat Records of Denton County, Texas;
' 60a. N~ }Iy ae 1". , n r '.S LEI l rV r'
orth _ 5 greES 2i,;fn348tes ]'S, lc6dtt s} es~ Gn1h Fhe a hno`of ¢ ~addjtl 'N'64isfdt~A of"
3404.29 feet to a point on the south iine of H T lvel Road;
Thence North 89 degrees 51 minutes 43 seconds Rest along the south line of 1. Lively Road and being
30 feet south of and parallel to the North line of slid 7. McGowan Survey, a distance of 5700.31 feet to
a point for comer,
Thence Southerly, a alt tance bf 6824.00 feet to a point for comer at the Southwest corner of the O.
Pettingaie Survey, Absteact Number 1041, and the Southeast corner of said F. Garcla Survey,
a
Thence Easterly a distance of 1221,00 feet to a point for comer on the South line of said G. Pettingale
Survey at the Northeast corner of said M. Scurlock Survey and the Northwest comer of said B. Pinno
Survey;
Thence Sou th ~00 degrees 29 minutes 08 seconds East With the Beet hp of qJd M•' 3tairlock it rvoj ;
and the West line of Bald E. Phano Survey, a distance of 3074.89feet to a point for corner, "
Thence South 00 degrees 37 minutes 19 seeoods West with the East line of said M, Scurlock Survey
and the West line of said R. Piuno Survey, a distance of 3315.00 feet to the POINT OF 13EG>riN O ,
and containing in all 1,952 acres of land.
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EXHIBIT C
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR-
TEMPORARY ZONING TO, AGRICULTURAL (A) ZONING DISTRICT t ,
CLASSIFICATION AND USE DESIGNATION FOR ANNEXED Fao EItTY TRACT
02 FOR APPROXlgAtELY,125 ACRES 4pRO)aMATELY 1,000 FEET IN WIDTH
EXTENDING NORTH FROM CRAWFORD ROAD, AND EXTENDING TO THE
WEST APPROXIMATELY 5,800 FEET FROM 1-35Wr PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY
VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton on May 25, 1999 on final reading annexed the
property designated as "Tract 02" and more particularly described in Exhibit Al and
WHEREAS, the proper development of the annexed property has not yet been
determined and has not been permanently toned; and ,
WHERF.~S, the policy of the City of Denton is to temporarily tone annexed
property Agri, Atural (A), until permanent zoning is determined; and
WHEREAS, after a public hearing on May 19,1999, the City of Denton Planning
and Zoning Commission recommended temporary zoning of "Tract #2" to Agricultural
(A) zoning by a vote of 7.0; and
WHEREAS, the City Council finds that the zoning will be In compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the zoning district classification and use designation of Tract
42 consisting of approximately 125 acres described In the legal description attached
hereto and Incorporated herein as Exhibit A, is classed as Agrcultural (A) zoning
district classification and use designation under the comprehensive zoning ordinance of
the City of Denton, Texas.
SECTION 1I. That the City's official zoning map is amended to show the zoning
district classification.
SECUON III. That any person violating any provision of this ordinance shall,
upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of f~
this ordinance is violated shall constitute a separate and distinct offense. A
SECTION IV. 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 hi the Denton Record•Chroniele, a daily
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newspaper published In the City of Denton, Texas, within tea (I0) days of the date of its
passage.
PASSED AND APPRO~T this the day of 1999 +
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTER., CITY SECRETARY
BY.
APPROVED AS TO LEGAL DORM:
HPRBERT L. PROUTY, CITY ATTORNEY
BY•
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E=hiblt A
ALL that certain lot, tract or parcel of land lying g situated In the County of Donlon, Stgte of
Texas, In the B. Pizano Survey, Abstract Number 994 and being more particularly described as
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COMNMNCTNO at a point In the existing Denton city limit lino as established by annexation
Ordinance Number 74.36 (Tract 1), said point lylrg 577 feet west of the intersection of the centerlines
of Interstate Highway 35 West and Crawford Road, said point also being 500 feet northwesterly from
and perpendicular to the centerline of Interstate Highway 35 West, said point also lying on the
common Apportionment Agree--tent line established on November 18% 1969 between the City of
Denton and the Town of Argyle and recorded in Volume 716, Page 145 in the Deed Records of Denton
County, Texas, said point lying In the south line of the R Piza'no Survey, Abstract Number 994 and the
north line of the Patrick rock Survey, Abstract Number 1063; a
THENCE, northeasterly along the existing Denton city limit line (Ordinance Number 74-36(Tract'l)),
parallel with and 500 feet perpendicular to the centerline of I.H. 35 West a distance of 28.83 feet to the
POINT OF BEGINNING, said point lying on the north right-of-way line of Crawford Road, 25 feet
north of the said DentontArgyle agreement line;,
THRNCH North 89 degrees 32minutes 57seconds West along the north line of Crawford Road and
being 25' north of and parallel to the said Denton/Argyle agreement line a distance of 5,119 feet, 10 4
point for comer, said point lying on the west line of the said E. Pizano Survey, Abstract Number 994,
same being the cast tine of the M. Scurlock Survey, Abstract Number 1141;
THENCE North 00 degrees 04minu;es 29 seconds West along the west line of the said R. Pizano
Survey, Abstract Number 994 and the east line of the M. Scurlock Survey, Abstract Number 1141, a
distance of 1000 feet to a point for corner,
7FT NCE South 89degrces 3?ggtites 57si ' rids i?dst,1000 feet north of Ind, panllei fo ih6'north ljise
of Crawford Road, it dlstance of 5,751 feet to a polnt for comer, said polnt lying .on the existin*Den ton
city limit 11ne as established by annexation Ordinance Number 74.36 (Tract 1) and lying 500 feet
northwesterly from and perpendicular to the centerline of Interstate }Gghway 3S West;
THENCE southwesterly along said existing Denton city limit line as established by annexation, it ,t
Ord ins rice Nu mbe'r 74.36 {Tract 1), 500 feet from and parallel to the centerline of Interstate Highway
35 West n distance of 1,178 feet to the POINT Ol: FIEOINNINO and containing 125 acres of sand,
more or less.
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EXHIBIT D
16
ORDINANCB N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR ANNEXED ~kOPERTY 7i'RA(1.
'#3 FOR APPROXIMATELY 472 ACRES, LOCATED BETWEEN I-35W'AND 'M.'*
377, NORTH OF CRAWFORD ROAD, AND SOUTH OF ALRED ROAD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUN f OF $2,000.00
DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton on May 25, 1999 on final reading annexed the
property designated as "Tract #3" and more particularly described in Exhibit A; and
WHEREAS, the proper development of the annexed property has not yet been
determined and has not been permanently zoned; and
WHEREAS, the policy of the City of Denton is to temporarily zone annexed
property Agricultural (A), until permanent zoning is determined; and
WHEREAS, after a public hearing on May 19,1999, the City of Denton Planning
and Zoning Commission recommended temporary zoning of "Tract 03" to Agricultural
(A) zoning by a vote of 7-0; and
WHEREAS, the City Council finds that the zoning will be in compliance with the
1988 Denton Development plan and the 1998 Denton Plan Policies; NOW,
THEREFORE'
THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS:
SECTION I: That the zoning district classification and use designation of Tract
03 consisting of approximately 472 acres described in the legal description attached
hereto and incorporated herein as Exhibit A, is classified as Agricultural (A) zoning
district classification and use designation under the comprehensive toning ordinance of
the City of Denton, Texas.
SECTION II. That the City's official zoning map is amendai to show the zoning
district classification.
SECTION Iii. That any person violating any provision of this ordinance shall,
upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of
this ordinance 13 violated shall constitute a separate and distinct offense. A, .
SECTION IV. That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby dtrected to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, a daily
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newspaper published in the City of Denton, Texas, within ten (10) days of the data of Its
passaga.
PASSED AND APPROVED thls the day of .1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY,
APPROVED AS TO LEOAL FORM:
HERBERT L. PROUTY, CITY ATTORNBY
BY:
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Exhibit A a
ALL that certain lot, tract or parcel of land lying and being situated In the County of Denton, State of
Texas, In the 13.8.13. & C.RK Company Survey, Abstract Number 158, B.B.B. & C,RR. Company
. Su e Abstract Nu er i S9 B B & ~ R:lt; om 0, S,urve Ab~f t u~nbei 160 aha
CV Y,~; : P nY.., Y, ~P4,H,, , t~:.~1
Survey, Abstra*l N'umb'er 46$, L. Pi ui0 Survey, k~b's~recl~lutnb`et 9~4, ~4: Smith Sun'ey, abstract ` f
Number 1181, W. Smith Survey, Abstract Number 1181 and being more particularly described as
follows:
BEG.NMNG at a point in the existing Denton city limits line as established by Ordinance Number 69-
40 (Tract M), being the most southerly southwest corner of said Ordinance Number 69-40 (Tract rit),
said point lying 500 feet northwesterly of and perpendicular to the centerline of U.S. )Tighway 377
(Fort Worth Drive;;
THENCE North 278 289 East parallel with and perpendicular to the centerline of U.S. Mghway 377
(Fort Worth Drive) along the existing Denton city limits line as established by Ordinance Number 69-
40 (Tract IM a distance of 1,680 feet to a point for comer, sold point lying In the south line of the
William Smith Survey, Abstract Number 1187 and in the north line of the Spencer Graham Survey,
Abstract Tiumber 468;
VIENCE North 888189 390 West, departing said existing Denton city limit line and continuing along
the south line of the said William Smith Survey, Abstract Number 1187 same being the north line of
the Spencer Graham Survey, Abstract Number 468 s distance of 2,030 feet to a point for comer,
THENCE North 008 309 520 East a distance of 2,769.64 feel to a point for corner, said point lying on
the south line of the 13,13.13. & C.KIR Company Survey, Abstract Number 159, said point also being
the on the north line of tho William Smith Survey, Abstract Number 1182, sold point also lying In
Johnson Road;
THENCFI westerly along said survey lines ¢assing'at 731 feet attotitheasl corrierofa tract afinexed by
the City of Denton by Ordinance Number 91.033 (Tract I) and continuing along said existing Denton
city limit line established by Ordinance Number 91-0)3 (Tract 1) and along said survey lines a total
distance of 3,083.69 feel to a point for corner, avid point being the norlhoast corner of the B.B•8. &
C.R.R. Company Survey, Abstract Number 158, said point also being the northwest comer of the
William Smith Survey, Abstract Number 1182 and also being at the Intersection of Johnson ).one and
Paine Road;
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THENCE South 008 029 390 West along the existing Denton city limits line established by Ordinance
Number 91-033 (Tract 1) and along the east line of the said B.B.B. & C.R.P, Company Survey,
Abstract Number 158 a distance of 3,648.27 feet to a point for comer,
THENCE North 898 329 200 West along the e?dsting Dent4h city Itmits,ltrle established b,Y105dinance,
~Npm~dr 91-03(Tredt1)i disiencti 61;240.64ce~ So;0 poiritQtcC?pct+
THENCE North 008 589 250 East siong the existing Denton city limits line established by Ordinance
Number 91-033, (Tract 1) a distance of 300 feet to a point for corner, said point being at em intorsection
of the City of Denton annexation tract lines of Ordinance Number 74-36 (Tract 1) and of Ordinance
Number 91.033 (Tract 1), said point also lying $00 feet southwesterly of and perpendicular to the
centerline of Interstate Highway 35 West;
THENCE South 298 559 S10 West, 500 feet southwesterly of and parallel to the eenterllne of t
Interstate Highway 35 West and along the existing Denton city limits line established by Ordinance
Number 74.36 (Tract 1), a distance of 1,300 feet to a point for corner,
THENCE North 898 549 050 East, departing said existing Denton city limits line established by
Ordinance Number 74-36 (Tract 1), a distance of 350 feet to a point for corner, said point being the
northeast corner of a tract to M Arthur Cooper by'deed recorded f a Volume SS9, Page 459 of the '
Deed Records of Denton County, Texas,
THENCE South 008 159 030 West along the east line of said Cooper tract a distance of 428.80 feet to
a point for co=r, said point being the northwest comer of a tract to Yoe T. Simpson by deed recorded
In Volume 3097, Page 570 of the Real Property Records of Denton County, Texas;
THENCE South 898 449 800 East slon3 the north line of said Simpson tract a distance of 200.05 feet
to a point far corner, said point being the northeast corner of said Simpson tract;
T1 13 South 008 079 510 West along tho cast Urie'of raid $tmpa6n tfactA 41starl0e b(3,75 foot jo a
point for corner, said point lying on the north right-of-way lint ofCrawford Road and said point"also
lying 25 feet north of the common Appottionmenl Agreement line established on November 180,1969
between the City of Denton and the Town of Argyle and recorded In Volume 716, Page 145 In the
Deed Records of Denton County, Texas;
j~
THENCE In an easterly direction along the north line of Crawford Road most of the way and being 25' 01 r
.14 north of and parallel to the Bald Denton/Argyle agreement line a distance of 2,351 feet to a point for
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corner, said point lying 25 feet west of the said Denton/Argyle agreement line and said point lying on
the west right-of-way line of John Paine Road;
THENCE In a northerly direction along the west right-of-way line of John Paine Road, 25'Ret w6st of
and paraiiol to said DeptonfArgyle a Bement 119e a distance of 7,67 left tQ a point ('or corper,
,I:: ~~h. !f a ,,j`,l,r yr1. .~i ~..t~lrr.,.i'a ju i;.1 y't[.,f Sr:ii~ l r „ri+ `.vl r
T`li'SI+ & Souttr 888 369 bast passing at 25 feet the east line at6 b.§ &~t;;fi.R.. Surirey,'Alii6ct
Number 158, same being the northwest comer of the William Muway Survey, 'Abstract Number 480,
same being the southwest corner of the Mary Smith Survey, Abstract Number 1181, same being a
common corner along the said DentonlArgyle agreement line, and passing at 2,641 feet the northeast
corner of the said William Gazaway Survey, Abstract Number 480 same being the southeast comer of
said Mary Smith Survey, Abstract Number 1181 same being the west fine of the S. Graham Survey,
Abstract Number 468 and continuing along said agreement line a total distance of 4,666 feet to a point
in the centerline of the Union Pacific Railroad (formerly the Taxes do Pacific Railway) for oome ,
THENCE North 278159 Bast with the centerline of the Union PaciHo Railroad and along the skid
Denton/Argyle agreement line a distance 250 feet, more or leas, to a point for oomer, acid point lying
on a southerly line of the existing Denton city limits as established by Ordinance Number 69-40 (Tract
THENCE westerly along isid adsting Denton city limits line as established by Ordinance Number 69-
40 (Tract 111), departing the sold Denton/Argyle agreement line, a distance of 430 feet to the POINT
OF BEGINMO and'containing approxlmately 472 acres of land,
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AGENDA INFORMATION SHEET A40W I ~M G'
AGENDA DATE: June 9,1944
DEPARTMENT: City Manager's Office
CM/DCM/ACM: Rick Svehio, Deputy City Manager
SUBJECT - Consider authorizing construction work on Pecan Creek Tributary 4 in Fred Moore
Park on Sunday, June 13, from 7:04 a.m. until 1:00 p.m.
BACKGROUND- Staff has been working diligently to try to finish the Pecan Creek Tributary. The
granting of this exception would allow the crews to work on Sunday morning, June 13d% Staff has
contacted the three churches in the area and they are in support in allowing us to work on Sunday
morning.
ACTIONS- N/A
FST1SIA FED SCHEDULE 0C PffdEG'T- N/A
FiSCA INFORMATION- NIA
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RECOMMENDATION - Staff would recommend this exception be granted. JJ
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Respectf submitted;
r
ick Svehla
Deputy City Manager
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Allachmen,v
k Memo to Council
Ordinance
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CITY OF DEl iTON TEXAS OFFICE OF THE CITY MANAGER "212 E. McKl" atroot•Donton, Te"s 70201
7.000,01 Pe tWV W-1110110-ft. 111140) 94111-41111111116
MEMORANDUM
DATE, June 4, 1999
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: WORK ON PEG4 IN FRED MOORE PARK ON SUNDAY, JUNE 13TM
As all of you know, we are working very hard to complete the channel through Fred Moore Park
before Juneteenth weekend. In the last oouple of weeks, the weather hasn't been helping us at
all. We've talked to the contractor and have gotten him to agree to work on Sunday, June W, to
help us finish the project The current ordinance allows work only in the afternoon. We are
asking for an exception to start at 7:00 a.m. The contractor has agreed to atop at %30 and
resume work at 12:00 p.m, to help recognize the church services that would be occurring at that
time, We have oontscted the three churches in the area, St, Andrews, St Emanuel's and the
East Prairie St. Church of Christ. The ministers at these three churches see this need for the
additional work time and are in support of this exception slnce the work crews will atop between
10:30 and noon. They will start at 7:00 on Sunday work until 10:30 and staid back to work after
lunch. This exception will help us try to have the project finished by the Juneteenth weekend,
If you have any questions, please call me at your convenience.
Rick Svehla
Deputy City Manager
RS:af
Cc: Michael W, Jez, City Manager
Dave Hill, ACM Development Services
2
wmq dlrolde*n cm
"LW, mind to Q%jlil y 8ockv"
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ORDINANCE NO. 9s
A ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-1
"NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY
ESTABLISHING HOURS FOR THE ERECTION, EXCAVATION, DEMOLITION,
ALTERATION, OR REPAIR WORK ON ANY BUILDING; PROVIDING FOR A PENALTY
OF $500.00 FOR ANY VIOLATION HEREOF] PROOVIDINO A SAVINGS CLAUSEI
PROVIDING FOR PUBLICATIONt AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSf
SECTION i. That Subsection (c)(4) of Section 20-1 "Noise" of
the Coda of Ordinances of the City of Denton is hereby amended to
read as followse
Sea. 20.1(0)(4),
The erection, excavation, demolition, alteration, or repair
work on any building at any time other than between the hours
of 600 a.m. and 830 p.m. Monday through Friday from June 1
to September 301 between 7100 a.m. and 800 p.m. Monday
through Friday from October 1 to May 311 between 800 a.m. and
830 p,m. on Saturday) and between 1100 p.m. and 830 p,m. on
Sundayl provided, however that the City Council may issue
special permits for such work at other hours in case of urgent
necessity and in the interest of public safety and conve-
nience.
SECTION Ii. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION III. That ai;ve and except as amended hereby all the
remaining sectione, sentences, and paragraphs of Section 20-1
"Noise„ of the code of ordinance of the City of Denton shall remain
in full force and effect. ,
SECTION IV. 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, the official
newspaper of the city of Denton, Texaa, within ten 110) days of the
date of its passage,
PASSED AND APPROVED this the ~,-M-r~day of 1995.
EEOB C STLBR ,
3 /
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155
'i
ATTESTt
CENNIPER WALTERS, CITY SECRETARY
BYE
APPROVED ITO LEGAL FORMS
HERBERT L. PROUTY, CITY ATTORNEY
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BYe
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HANGOUT TO COUNCIL 06101161.
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05/26/1999 15:41 4733003794 CHH PAWS PAGE 06
HANDOUT TO COUNCIL 06101/99
a"s r
~ Oneport Ql, MANUFACTUREb.1"
H0USINQ
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• tr RESEAfiCH i t , .
Manufac#lu'redl
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+lt~•iti•aY;'f+, J = +.n~i(1
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1 +~hlll tlti ti ~A ♦!~"rI"t ~tik" •~J. ~f' 'y`a}{~"I.~.r 'I:
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a• •~4'' r" 1 t`'1 ty L4ffrY~'.'^ ' 1:~ 'jl'~~ r~, ~,r'r; l`•`ft 9 .f to
1' ly}~ ',r t. rr~+,.r y 4~r~jt••.}Ar}'i(tts}Y V, •}i.
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gill S1JI ' GIN fi"4r `t 'a x"S 1k. y l: tk., r ' t N t- ~'rJ
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05/26/1999 15:41 4133003797 CW PARKS INC PAGE 07
RMRT 4
MANUFACrUREO HOUSING IMPACTS ON ADJACENT
P1tOPERTY VALUES
$X6CVCIV`9UMMARY I
Qmdw tolaad to whether or as manofuaed Aoaslol Mpt1vely effeoy vduet
of 4&mt mWoorLf pt6p Au bave bees coach tt&W abom la"scant end Widdn
show soYerN00nt omett to wbkh land on polky is e7ede. Tbit m4wh 0tedy
lovatdpttd die iniptt~lt of mudunned SWoos lad mots pwdouhdy. mamdutmsd
home rental tmmteuttwle (mebUd home p ft) on adjawl mldeatW progeny Value. It
addlemW d6 few omllh the enantGudoa dpuWlshed stadia on the abject and tM
com9uE w and all"il orate toady am onlotinf tueh Impute.
The mlow enYooaeluded that renal m&ufscwmd home ooramootda, did tat
eppeu to hew 0 dptvwm oReel. puldw or nepdvs, on ad)aaet twistW progeny
• ralow. In mc6inl Alt Wnclwion, the sudim developed throe o/a study eanpaltonr
two In wbieb tuitllvltioes were &%110 od dw the mmuk oted home eom mwdty hod
been eatab&W Will 00 when die mnnfaenwd bow ootomnntty't dtvelopmtnt
mftwW atbr flirt o! *s k4t& mdd=M abdivi"
To war whedw d e praonoa of a tt mdutwed ham commwttgi Woo adjrlartt
i tstdatitl prop' my tnhur, the rwmhom computed the psrealt ebsnp In am W Wm
pikes of hcmn told Is die sdjamt WAVWM owe a Ave to six yeas' period. Thm
pew elw o" wom tfiea oaapsad with rhos for homes add In eemptwbla
subdlAswu out e4mm to a taenduttuod how a mmwdrj er homes locutd in dot
• pwdoa d ow cute wj y lumvlalm am was not sear the mmura wed home
comet tdty. • Sevw "am" d y" Impact wets cakulated Sandra j du potsoatt
chanje !a averap st1K prices oa an tutnnd sod oa a IIvs to sia year bads to/the .
pataal 6*0 4 Slot peal pw aaeam foot.
Tba llm ew tardy wmrked die wpeot on propsty V" of a 361 ON
msnefubimd ~3ml coteeiwdty, Mbor Madowt, developed duttnf 1416 Ind 1914. 11%
tdjaaat da•bWl rW&*dd subdivWon, Madow View, wiu developed lWy betwaea
/
1974 tut41411 M an tra jtat sttuthew d tM Cl qr d Aare Arbor. The aveap Ida ~ •
' J ,
W26/1999 15:41 42DOW92 CW PAWS VC PAM 0a
f
. P" of Meadow VW bourn Sold dudat the SIX year period bem*m 1981 snd 1990
showed A itsMdy KM ataOOW1ajb a 51% Wmm overall. It's rise to mrdmtvacua
eontiatwd>r►0. to tkp k4z"w Ld 4MUS dal time when the mvtvfactured borne
"MOW y wu"d!t'ebpld,
7be dartpr In am plies for Meadow vuw were that compared with thou of
two compwbb wbdlVWM not neu s rosnufactund home community but in the same
secoon Of the tawop4 as m Whiia the ptroaotaP It MMA in avanp SAW pdeea
for the eompanbb wbdtrvWw wen somowbu b4her betwom 1984 and 1990,
MadOW VLw aewatty aajdysd ON blthat paoOntap IOCroaN Of the thus dudn8 04
time when tin mmufwWmd home coramunity of Arbor Mmlows was proposed,
camU clad sad wmpW hem 1917 throaty 1990.
71,0 woo cue study saw%M a situation whets' the Cnetetot Viltu mobils bon, e
park with 743 homaotu, "VW in 1972 is locaW dincdy Wjaoua to two
eooveadottally btdh msidre4a! sabdivlslone In Msmnb 7bwatdp, 7bo Aral, Mttrptr,
consists of ti botoas dsreiap/d in thr early IM and wu dr mtjaet of s roan 4cW6d
aaatysls 71te second, FOa 1lun, b s rubdivGion of 132 bO mss uwsteuete4 brtween 1981 '
and 1991. Lately, POK PA Lorna have been selling at avmp for mound 8123dtC0.
*nw two cftpsnrbla rnbdlvWom, Plumpow and Va1by Forte, -vwe davalopad
Letwben 1983 and 1!90 ad an 6CIOM to Margate ud Foa Rua but unlU theca, shay
as tat adjaavot to the CsP"W Wait mmufaatuml home cotaau4ky.
Avttnta aalrs nr1oM a<hema sold la Mulste tnotwrsd fraa 1915 to 2990 by
42.3%. 7be dun collaasd for do Mwvv, Flumlm" and valley Forp subdivialoas
dos am tdtow a OpeoW dlf emm between rppncladoo of bonier wWb sn Wjsow
to do maalrtaooured homy oaomadty and hems whkb we not. is fact, ova the five
year poled, *A avarap aw WA fmmm for da thrw ammunides seam 10 W stmlbr
acd to b1 foUpwlnb mAd* u a & When do Wa p lau of'evonl Mu=ss
hmm dltttcdy sbotdn= iM Camelot Villas MAN lloma hut war empued with otha
.non edjwsm baaa soldbodt IsMupr m1d the two eanpsnbts ntbdiviCoa, Ow
Abutdnt boew wan In Not bltlar In both sr Ws prim utd Wa pdee per sgtwe fool,
The L%W cue study @*wb d tba nledonsbip between RWS*m Muter WaMls
Home Park and the Ak at lbtnptoo subdivblon locoed Lt the City of WWI lialthts, r
r~
r.
rr.,ar.rrr,,,r,trbr. tyre aq.yvrr
05/2611999 15:41 4233003192 044 PAAS INC PACE 11
RYdp* 11eAOr cott6tlne 9311wme Stta stld It was developed In 1914. 'fba
}laaaptoe arbdt.Woa wd dtvaloped bstwaa 1974 VA 1977. For CAN Study F poea,
this "bill rfaioa Nil 1MEe1 into two dW&-W on adjacent Cmar) to Rndpam
Manar, ead er a fooalpd fpel rpway from Rudpate ('not mar'). Saw pdoe defy was
taatapf?atid ~ tMi b4siaj ~ tlws qro aiWbu.
The cm idly "'show the for bolt stet within Qte Itamptoa subdivi" the j
t"fap safe/ 04M M tis at "M 4t loeratstnp. In het, the averye saMs prlocs of hornet
l9aW la' C16A ooldm* ji Rbdpata Maw showed a pie W pen:eatape Inaroaaa
(604) On Wis" 11iiW drtbtr away Gem die noWltetand home eanmuahy
(4'j,5tt.~ Ora i lo Musa Afet bWa, dw avenp Wa ptlaa of boom mu dw
manuhewtrd bOma
with Hampm bjo eie.t1~~os tauatiyinenuW fromf43 to 1914 to 1.6! fa 1990, u troauesMd
bw Rudpaw Maw which ine»awd hap iii pot sgaw
foot la 1114 to 1a.* tygen too la 1990. The de is fat this am sWy show m
edam that bmw 164W 6499th b (near) saanufUNM hems ootoawntdaa
tppneIttt4ld Io*k ts*'0 4 comombte boma loeaad fanhar awq frm (na ant) a
.IMw6etargdbea~aa~c,aay~. to addldoo to a* *S mulrl safes pilaw. the reaea thm On In* - low d pub*
taa aaaamenr tiff{e1a111a tht ease steely jurirdktkhu to amfwn what pubtk pollda '
wem jridipi "Itotloe of s4 ami pmpatda, fn a!l Jveladletletu, do snam Maud
dry ro act eo W*.k*loxy to a mmuGcowtod home eommkWty to be a agadw ,
fame k &Wmbft tics *dW v" of hems.
71r ma wabin ipalifl ally eaamiaed ur opplksdon of public vda dw
potlela to oaa of oat qok thud w Thu asaeamatlu of aqua and value udpttad Wwou
1916 and MQ W tbaaa i~ MM 1a *A Maadow View tubdivfalott burly abutdnp dw
Atbot Mmdo tapm ftad how eemmu8ty wem altphay blplter than 0" wipmd
to bm" wy1Cb wre not to tlddldott, th/ Wwpw to uaewd vausdoo owr do dose
WWd dwW WhA Mdi Matdows wu b9q davett ptd (1944• 1990 )was m Weotled
74tt far f adow V{+ir hoMNS •sbutdnp the mannhowM borne commutdq sad dteaa
to
1
i
05MI999 15711 1233003792 OH PA" INC PAGE 10
x
• 't Y00{t, ' 'I~a a1NYfafYYlea home 1mad cowA ida Ewe
OQ Yahla of t4jabtal p► I~SIa~ bu 6m &Wm a tvaf ahoy hxal b"4 oft l
haw hd b rto0.dk b001 a{71 b dnikpmm of ww m mfietwW bast
ea9 mwAd i wli► "p<ap'oitY lbw dtvslopiaaen Mneh oid~it hu
pnMtoO a dM pow am mew" mmofwtww he" od ht bars m do vatw of
peop.~. HowlUa, oae rwamh Lao wbwr dat d7u oonoeea aboa p~opEny '
vad" Is It fi brit do "m we rev.awed• 049W addwu xoo*w
Was 1 got dot wa," dmUw b 00 WOarba of
Qa Jp rmi t 1wi„ ,orti{ popttda w. aDwd uut OdOnu dr pirw ioadat ft" 100d
prbUc ollM_~lal~i asebii+idw bwiw $400W i uid we adh a ++lre vd7Wtan
kv* m Oiw*A
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I~ HANDOUT TO COMM 0410UM.
RIJI s5 A,N'0 REGULATTON~
a,
A. Community Management (00 reserves the right to approve or reject a manufactuted home (home) because of it.
size, condition, or appearance, so that Management may malnuin the high standards of the Community.
B. All Residents (R) shall be required to complete an application for admission prior to residing in the Community and
furnish the CNI all of the information required by State law. V an apptlcadon for residency is found to be falsifiec
or misleading, It is grounds for termination of the Lease, even if the application Is otherwise approved.
C. FAILURE OF RESIMNC TO COMPLY WITH THESE RULES AND REGULATIONS MAY RESULT L\
TMIENATION OF THE LEASE.
STrE
A. SITE NIALNTENA,NCE IS THE RESPONSEBO ITY OF THE RESIDENT. The lawn should be kept dean, with jrasa
cut, trimmed, fertilised, watered and weeded to malnWa a well cued for appearance. Tbere shall be no trash or
debris in the patio areas or under the deck or home. The CNI may, after notice, perform site maintenance on the
R's space and bill the R for this service, with payment due within three days after billing. Performing this service
or the offer to perform this service and billing the R shall in no way relieve the R of the responsibility to comply with
this rule. At the option of the CH, the Lease may be terminated for failure or the R to maintain hWher site.
B. R shall be responsible for maintenance and trimming of any trees or other plants, Includinj removal of trees upor
management's written approval. JF THE RESIDENT PLANS TO DO ANY DIGGING ON THE SITE, the CM mus-
be contacted first so that placement of utility lines or pipes can be Identified. If any such utility line or pipe 6
damaged by the R, his agent, or contractor, the R must repair such damage immediately at hialher own expense tc
the CNI's satisfaction. If the CNI is required or elects to repair such damage to protect the Community's property
or because of the R's faiiure to repair the same, the R shall be responsible for such repair bills and must pay the rul'
sum within three days after billing.
C. The use or any furniture on the patio or deck Is prohibited unless it is outdoor patio furniture approved by CM, NO
OVER-STUFFED FLRVrTURE, IRO1%LNG BOARDS, MOPS. FREEZERS, REFRIGERATORS, WASHING
NLACHIINES, ETC., ARE ALLO%T:D OUTSIDE THE HOME. The CNI may, after notice, remove such furniture
or material and bill the R foe this service, which will be paid within three days after billing.
D. NO FUEL, OIL, OR OTHER NIA?ERIALS OF A.NY E.'(PL05riE NATLRE WILL BE STORED ON ANY fiONtF
SITE. This will create a fire h=rd and constitute a violation of local Cro codes. Only a minimal amount or gasoline
can be stored at the site foe use In lawn mowers or other yard maintenance equipment. but In no event shall any
amount be stored beyond that which is allowed by local codes.
E. Excessive oil dripping which causes damage to the driveways, sidewalks, pavement, or roads, must be cleaned by the
R and any damage must be repaired st R's expense. Wben wood chips, bark, rocks or pebbles are wed as part o•
the landscaping the R will not permit such ground cover to spread or otherwise disperse onto the street, sidewalk.
or driveway. If this does occur, the R must remove and dean such ground cover from said areas Immediately.
F. Except with management's written approval, no signs are to be posted. i
ILH~URFN
Children are not permitted to play In the streets or in the playground after dark unless accompanied by a parent.
Skateboards are not permitted in streets, pool area, tennis courts, or other common artu. Parents are responsible for their
children at all times. r
LAUNDRY
No hanging of washings or clothing of any kind will be permitted on individual sites.
(initial)
t
TRAM DLSPOSAL
The dumping of any refuse on empty spaces, fn any arts around the recreation, service tenter area, or across env fence or p
Into any ditches Is strictly prohibited. Each R will place trash along roadway on the morning that trash is picked up u
specified by trash service. Garbage and trash not permitted outside at any other time. Each R will be responsible for placing
garbage in approved containers at the front of the sited on the designated days for pick-up as applicable. Garbage and tras~
will not be placed curb side of the R's site prior to the designated pick-up day. Empty containers will be placed out of sigh
by the and of the designated pick-up day.
rM
The CM reserves the right to restrict both the number and types of pets allowed. Pets of R's may be prohibited solely at the
reasonable discretion of C.M. R shall not be allowed more than a total of two pets. This can be two dogs, two cats or one
of each. Pets will be approved only if they are house pets. Daps may act acted 23 pounds each.
i
A. Each pet must be licensed and Inoculated In accordance with local laws.
B. Pets are to be kept within R's home, accept when R Is walking the pet on a leash. No animal may be tied up in R's
yard.
C. A pet twtning loose will be Impounded At the R's expense, and the R may be notified to vacate. <s site or give up Laid
pet. NO OUTDOOR DOG RtNS OR DOG HOUSES ARE ALLOWED.
0. Pets will not be allowed in any common or recreational area at any time.
E. Any excrement left by a pet outside must be picked up Immedlately and disposed of by the R. Damage to the
landsoping, site, or other Community property will be repaired at the expense of R and may be cause for termination
of R's lease at the CM's discretion.
F. Pets will not be allowed to Cause any disturbance which might annoy neighbors. [F A PET CAUSES .1`'1'
DISTURBANCE OR AMOYA.NCE SUCH AS BARfOYG, GROWLING, H01VMG, BITM, OR A.\'Y OTHER
UNUSUAL NOISES, DAMAGE OR HARM TO A NEIGHBOR, P£R.WMION TO KEEP THE PET WML BE
REVOKED,
G. Guests of R may NOT bring pets into Community at any time. If any 'rotation of the pet rule is observed or a valid '
complaint is made by another R, the pet owner will receive an on j warning in wridng to either correct the
problem, dispose of the pet, or vacate the property. U a second vio.t on b noted or a second valid complaint is
received, the pet owner will receive a notice to vacate the property. '
HOME AND ACCESSORIES
Vnless otherwise provided, the following accessories and equipment t%" f be provided as part of the improvements to The
Home.
A. SKTRTL;G: A uniform skirting approved by the CM must be installed COSIPLETELY around the home with
skirting which matches the colors used on the home. The skirting MUST be an acceptable vinyl manufactured home
skirting. Skirting must be maintained at all tunes.
B. DECKS: Decks must be Installed and constructed to the minimum size of 6' x b' or forty-eight sq. ft. Decks must
be raised to the level of entrance to the home and have handrails. Decks Mu l be skirted with material approved b}
01.
C. STAIRS: All homes must have rear steps with a landing of not test than sixteen sq. ft. Ind must be mainutned in r
s goad state of repair. '
D. AWN-MS, STORAGE SHEDS, AAD ENCLOSURES: All awnings, storage sheds, and enclosures must be opproted
by CM prior to installation both in regard to type and location. Fences, clotheslines, window air Conditioners, CB
✓ or TV antennas, ham radios, satellite dishes or paper bates are aW permitted.
(initial)
' t
E. CO,MPLLt,.NCE WITH BUILDING CODES: It is recommended that all accessories be installed by licensed
contractor; however, all improvements or accessories must Comply with ex6drsg building codes.
u
F. HITCHES: Hitches must be removed.
,
G. TRAMPOUNES: Trampoline, above ground sw(mming pools and other hazardous equipment are not allowed on
R's lot.
H. WINDOW COVERINGS: Blankets, aluminum foil, etc. may not be used as window coverings,
"?HE SKI3LTWG, DECK AND REAR STEPS b1UST BE INSTALLED WTTII7N THIRTY (30) DAYS OF THE DATE THE
RESIDENT'S LEASE BEGINS.
ItPrY I'l!'rcC
A. All wiring and plumbing inside and outside the home must comply with the appropriate Federal, State and local `
requirements. Permission to sitar existing Commwnity wiring at plumbing must be obtained in writing from CNl. f
Such alteration will be at the espease of R.
B. Unless otherwise notified, the R Is responsible for all costs incidental to connection of the home to the existing
Community radlitie and utilities.
C. Tampering with utility service connections (plumbing, wiring, etc.) and other Community utility connections Is strictly
forbidden. The CM should be knmediately Inrormed of the malfunction of the equipment which will be referred to
the appropriate utility or repaired by the CA
D. Under no circumstances will the Cyr be responsible for any obligations contracted by R for repair or maintenance
to CyYs property regardless of the nature of the problem. If the R contemplates any action outlined above, he should
notify the C.M.
E. The utility pedestals (meter or utility hookups) must be accessible to Cyr at all times.
F. All homes with electric water heaters must have a check valre installed in the inlet water line. C`•I is not responsible
for damage to R's water healer in the event park water Is shut off.
0. R Is responsible for having pressure valve installed in incoming water pine.
VEHICLE CONTROL
A. SPEED LEMM For the safety and well being of the R, the speed limit shall be fifteen (15) miles per hour unless
otherwise posted In the Community. PLEASE WATCH FOR CHILDREN.
B. PARICL\G ON' STREETS: No general or overnight parking will be allowed on streets of the Community. R may
not park their own vehicles on the streets or In the guest parking area without prior consent of the CJI,
C. YARIC;YG: R may park only such number or conventinnal passenger vehicles on the driveway that do not extend
into the stmt. Neither R nor their guests may park any vehicle on another R's space or varant site without the
express permission of that R or the CU, whichever Is applicable, Guests shall pork in designated guest parking areas,
If available, or in their host's space if available. Under no circumstances will R or R's guest park on grass or places
other than the designated puking areas a outlined herein.
i
D. LEGAL REQLTRENtENTS: All motorized vehicles must meet State legal requirements in order to be located or
operated In the Community.
E. CgOPERABLE OR j1JNK VEHICLES: No unusable or unsightly vehicles will be allowed In the Community unless
the CM has specifically designated Leas for such storage. Such vehicle storage must be by written permission by the
C.M. No such unsightly or Inoperative vehicle may be parked or stored anywhere within the R's space or in tht streets
or the Community, and all such rehicleswill be towed at the mpense of the owner,
(Initial)
I~
1 '
t,
e
!
F. REPAIRS: Repale or spray painting of any vehicle at the space or anywhere in the Community Is strictly prohibited.
Siinor repair (I.e. Plugs, Paints, chaneing of a tire with a drt Jack) will be allowed only in designated areas with no
dam alit to the pavement and If such repairs are completed within 1-4 hour without disturbing other residents. h
C. INSURANCE: All motorized vehicles operated In the Community muwt have publte liability and property damage
insurance. The CSf may prohibit the operation of a motorized vehicle In the Commmdty, if, upon request of the CSI,
proof of insurance covering the vehicle cannot be obtained or provided by the R.
H. MOTORCYCLES, FIC: Motorcycles, rotor scooters, or mini bikes are considered transportation vehicles. Under
no clrest:nstances art these Vehicles to be driven or ridden inside the Community for entertainment.
L RECREATIONAL YEMCLES: Rea dorsal vehicles, campers, trailers, motor homes, and boats may not be parked
in guest parking, on the R's site, or on the street except by prior written agreement with the CSI. They may be
parked only at designated spaces. Management shall not be liable for such stored vehicles.
SPOOL
The toe of the swimming pool Is a privilege extended to help snake your residence wort enjoyable.
A. Tampering with the thermostats or equipment on the pool Is STRICTLY FORBIDDEN.
B. Swb=ing hours are as posted.
C. State health laws rtquires that a person shower before entering the pool.
D. Swimmers must not use bobby pins or hair pins while in the pool, as they leave unremovable rust stains and will
damage the filter pumps.
E. No glass will be allowed in the pool Arta.
F. No alcoholic beverages are permitted in the pool area.
G. No safety equipment is to be removed from the pool.
H. No running, horseplay or games are allowed in the pool or the arms adjacent to the pool.
1. R may have a reasonable numbs of guests, provided their presence does not overcrowd the pool. R must accompany
guests at alt time.
J. Do not swim alone! Stake sure someone else Is in or around the pool in case you need help.
K. Additional rules regarding the use of the pool are posted In the pool are. The 01 and the Owner are not
respomible for accidents or Injuries resulting from the use of the pool
U Pool tags will be required for anyone using pool.
M. No cut offs or T-shirts allowed.
N. THE POOL 1S TO BE USED AT YOUR W%N6 RISK NO LIFE GUARD ON DUTY. Children ruder the age of 13
must be accompanied by parent or legal guardian at all time.
~~i'TING AND PEDDLING
Soliciting, peddling, or selling within the Community is strictly prohibited. Please repari any such activity immediately. r
t
I
pLCnmBINC NOISES / ie
Loud and disturbing noises are NOT permitted at any time. Sound equipment and musical testrumenta should be played at
a level which will not annoy other Its. Loud p"es will NOT be permitted at any time.
(initlan
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S`UIE7' HOURS
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Quiet hours are between 14:00 p.m. and 7:40 a.m.
Posted traiiic slg , pool rules and any other posted notices are to be considered a fixed part of drew rules and equtatim.
I Am nedref a cep) of dam RAW Md Aqu& kx%L
Date:
signature or R
lhte:
Signature of R
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